Environment

International Dolphin Conservation Act of 1992

United States · United States Congress · 17 June 1992

International Dolphin Conservation Act of 1992 - Amends the Marine Mammal Protection Act of 1972 to authorize entering into international agreements establishing a global moratorium, for at least five years, prohibiting harvesting tuna using purse seine nets deployed on or to encircle dolphins or other marine mammals. Allows moratorium termination with respect to the United States before the year 2000 only if the Secretary of Commerce so recommends and the Congress approves. Specifies elements to be contained in such agreements, including requirements for: (1) research regarding tuna fishing methods; (2) review of research proposals by a competent regional organization; (3) the conduct of research by dedicated vessels, approved and observed by a component regional organization; (4) specified limits on the number of research sets and the total annual dolphin mortality; (5) establishment by the Inter-American Tropical Tuna Commission of a panel to report on limit compliance and an Advisory Board to guide research; (6) fair funding mechanisms for the research; (7) use of the proceeds from harvested tuna for the research; and (8) limiting use of U.S. funds to research on fishing methods not involving setting nets on dolphins. Requires review of all research proposals by the Marine Mammal Commission. Requires the Secretary, in certain circumstances, to recommend to the Congress whether the moratorium should be terminated. Prohibits a ban on the importation of yellowfin tuna or yellowfin tuna products from a country which implements the moratorium and meets other requirements. Mandates such a ban regarding countries which do not implement the moratorium and the other requirements. Mandates, a specified period after the tuna ban, a ban on the importation of all fish and fish products, except shrimp and shrimp products, from a country that still fails to implement all the requirements. Imposes additional restrictions on the general permit issued to the American Tunaboat Association, including: (1) limiting total dolphin mortalities; (2) prohibiting deploying purse seine nets on or encircling dolphin schools including certain types of dolphin; and (3) terminating the permit on a specified date. Declares that an international agreement under this Act shall not supersede any provisions of the Act requiring a permit. Makes unlawful certain acts, including: (1) selling, purchasing, or transporting in the United States any tuna or tuna product that is not dolphin safe; (2) purposefully setting a purse seine net on or to encircle any marine mammal; or (3) prohibiting, resisting, or interfering with inspections. Imposes civil and criminal penalties and subjects vessels, cargo, and fish to forfeiture for violations. Defines dolphin safe to mean: (1) not harvested using driftnets; and (2) depending on where harvested, either dolphin safe under specified provisions of the Dolphin Protection Consumer Information Act or certified as not harvested using purse seine nets set on or encircling dolphins. Authorizes appropriations to carry out provisions mandating inclusion in the agreements of research programs. Amends the Tuna Conventions Act of 1950 to require that, of the U.S. representatives on the International Commission for the Scientific Investigation of Tuna and the Inter-American Tropical Tuna Commission, at least one be chosen from a national conservation, environmental, or animal welfare nongovernmental organization. Requires that the members of a related advisory committee be selected, in addition to other sources, from such an organization. Amends the South Pacific Tuna Act of 1988 to authorize appropriations to carry out a specified Treaty on Fisheries Between the Governments of Certain Pacific Island States and the Government of the United States of America and to carry out the Act.

To establish a Commission on Environment and Development.

United States · United States Congress · 17 June 1992

Establishes the Commission on Environment and Development. Requires the Commission to: (1) monitor the actions of the signatories to documents of the United Nations Conference on Environment and Development (UNCED) that reflect compliance with or violations of the goals of the Articles of Agenda 21 of UNCED, the Statement of Principles on the Maintenance, Conservation, and Development of All Forests, the United Nations Framework Convention on Climate Change, and the Convention on Biological Diversity; and (2) monitor and encourage the development of U.S. Government and private programs with a view toward advancing the objectives of UNCED. Authorizes appropriations.

A bill to amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 with respect to certain Federal property selected for disposal, leasing, and transfer, and for other purposes.

United States · United States Congress · 11 June 1992

Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to make specified contract notice requirements currently applicable to property transferred by Federal agencies on which a hazardous substance was stored, released, or disposed applicable to leases of, or granting of easements with respect to, such property. Directs the heads of Federal agencies to identify, with respect to real property owned by the United States on which the Government plans to terminate operations or transfer or dispose of the property, property for which no remedial action is necessary to protect health and the environment. Requires the identification to be based on: (1) an investigation of the property to determine evidence of the likely presence of a release of hazardous substances; and (2) an environmental sampling, as appropriate. Sets forth specified sources of information to be reviewed as part of the identification. Makes identification results available to the public. Considers remedial action to have been taken on transferred Federal property on which a hazardous substance was stored, released, or disposed of if: (1) no action was required to protect health and the environment; or (2) the construction and installation on the property of a remedial action for treatment under an approved plan has been completed and the remedy is operating successfully. Requires deeds for the transfer of such property to include a covenant that grants the United States access to such property in any case in which remedial action is found to be necessary after the date of transfer. Authorizes the President to arrange for the removal of any hazardous substance on real property regardless of whether a danger to the public health or welfare or environment exists. Permits Federal agencies to subdivide property subject to this Act for purposes of disposal by sale, lease, grant of easement, or other transfer. Directs the Secretary of Defense to hold harmless, defend, and indemnify the following persons from and against all suits, claims, demands or actions, liabilities, judgments, and costs arising out of the release of hazardous substances or pollutants from Department of Defense activities at any military installation that is closed pursuant to a base closure law: (1) States, political subdivisions, or other persons that acquire ownership or control of any military installation facility (to the extent that they did not contribute to a release); and (2) any successor, assignee, transferee, lender, or lessee of such persons or entities.

A concurrent resolution relative to NATO and present security concerns.

United States · United States Congress · 11 June 1992

Expresses the sense of the Congress that the international security situation has undergone radical change and that the North Atlantic Treaty Organization (NATO) should adapt to this new environment by addressing security concerns beyond the North Atlantic area. Requests the President to open discussions with the heads of state of the NATO's various member states, with a view to adapting the alliance to current realities.

Energy and Water Development Appropriations Act, 1993

United States · United States Congress · 11 June 1992

Energy and Water Development Appropriations Act, 1993 - Title I: Department of Defense - Civil - Makes appropriations for FY 1993 for: (1) authorized civil functions of the Department of the Army relating to rivers and harbors, flood control, and beach erosion; (2) expenses necessary for the collection and study of basic information pertaining to river and harbor, flood control, shore protection, and related projects, restudy of authorized projects, miscellaneous investigations, and when authorized, surveys, detailed studies, plans, and specifications of projects prior to construction; (3) the prosecution of authorized river and harbor, flood control, shore protection, and related projects, and detailed studies, plans, and specifications of projects authorized or made eligible for selection by law; (4) expenses necessary for prosecuting work of flood control and rescue work, repair, restoration, or maintenance of flood control projects threatened or destroyed by flood, as authorized by law; (5) expenses necessary for the preservation, operation, maintenance, and care of existing river and harbor, flood control, and related works, including such sums as necessary for the maintenance of harbor channels, and serving essential needs of general commerce and navigation, surveys and charting of northern and northwestern lakes and connecting waters, clearing and straightening channels, and removing obstructions to navigation; (6) expenses necessary for the administration of laws pertaining to regulation of navigable waters and wetlands; (7) expenses necessary for emergency flood control, hurricane, and shore protection activities; and (8) expenses necessary for general administration and related functions in the office of the Chief of Engineers and offices of the Division Engineers, and activities of the Board of Engineers for Rivers and Harbors, the Coastal Engineering Research Board, the Humphreys Engineers Center Support Activity, and the Water Resources Support Center. Title II: Department of the Interior - Makes appropriations for FY 1993 to the Department of the Interior for: (1) the Bureau of Reclamation; (2) engineering and economic investigations of proposed Federal reclamation projects and studies of water conservation and development plans and activities preliminary to the reconstruction, rehabilitation and betterment, financial adjustment, or extension of existing projects; (3) construction and rehabilitation of projects and parts thereof (including power transmission facilities for Bureau use) and for other related activities as authorized by law; (4) operation and maintenance of reclamation projects or parts thereof and other facilities, as authorized, and for a soil and moisture conservation program on lands under the jurisdiction of the Bureau; (5) the cost of direct loans and/or grants as authorized by the Small Reclamation Projects Act and for administrative expenses to carry out the loan/grant program; (6) necessary expenses of general administrative and related functions in the office of the Commissioner, the Denver office, and offices in the five regions of the Bureau; and (7) the Emergency fund. Sets forth provisions: (1) with respect to special funds from which sums derived from the reclamation fund or special fee account are appropriated; and (2) limiting the use of appropriations for the Bureau to the purchase of not more than 17 passenger motor vehicles for replacement only, payment of claims for damages to or loss of property, personal injury, or death arising out of Bureau activities, rewards for information or evidence concerning violations of law involving Bureau property, and other specified purposes. Makes appropriations under this and subsequent Energy and Water Development Appropriations Acts available for expenditure or transfer, with the approval of the Secretary of the Interior, for the emergency reconstruction, replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged, rendered inoperable, or destroyed by fire, flood, storm, drought, or other unavoidable causes, subject to specified limitations. Allows the Secretary to authorize the expenditure or transfer of appropriations in this title and in subsequent Energy and Water Development Appropriations Acts, in addition to the amounts included in the budget programs of the several agencies, for the suppression or emergency prevention of forest or range fires on or threatening lands under the jurisdiction of the Department. Makes available appropriations for: (1) the operation of warehouses, garages, shops, and similar facilities, wherever consolidation of activities will contribute to efficiency or economy, subject to reimbursement of funds; and (2) hire, maintenance, and operation of aircraft, hire of passenger motor vehicles, and other specified purposes. Authorizes the Bureau to invite non-Federal entities involved in cost sharing arrangements for the development of water projects to participate in contract negotiation and source selection proceedings without invoking provisions of the Federal Advisory Committee Act. Title III: Department of Energy - Makes appropriations for FY 1993 to the Department of Energy (DOE) for: (1) expenses of DOE activities, including the purchase, construction, and acquisition of plant and capital equipment and other incidental expenses necessary for energy supply, research and development activities, and other activities in carrying out the purposes of the Department of Energy Organization Act; (2) expenses in connection with DOE operating expenses and the purchase, construction, and acquisition of plant and capital equipment and other incidental expenses necessary for uranium supply and enrichment activities; (3) expenses of activities, including the purchase, construction, and acquisition of plant and capital equipment and incidental expenses necessary for general science and research activities; (4) nuclear waste disposal activities, including the acquisition of real property or facility construction or expansion; (5) expenses of activities, including the purchase, construction, and acquisition of plant and capital equipment and incidental expenses for atomic energy defense weapons, new production reactor, environmental restoration and waste management, and defense materials production activities; (6) salaries and expenses of DOE necessary for departmental administration; (7) necessary expenses of the Office of Inspector General; (8) necessary expenses of operation and maintenance of projects in Alaska and of marketing electric power and energy; (9) necessary expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy pursuant to the Flood Control Act of 1944, as applied to the southeastern and southwestern areas; (10) necessary expenses of construction, rehabilitation, operation, and maintenance, with respect to Western Area Power Administration; and (11) necessary expenses of the Federal Energy Regulatory Commission. Establishes the Department of Energy Superconducting Super Collider (SSC) Trust Fund to be used for costs incurred in the design and construction of the SSC. Prohibits the use of funds appropriated for DOE for FY 1993 to implement the reconfiguration of non-nuclear activities until the Secretary of Energy submits specified cost-benefit analysis information to the Committees on Appropriations. Specifies that: (1) revenue received from the disposition of isotopes and related services shall be credited to the Isotope Production and Distribution Program Fund; (2) expenditures from the Bonneville Power Administration Fund are approved for specified fish hatcheries, fish screens, and fish sampling facilities; the purchase, maintenance, and operation of two rotary-wing aircraft for replacement only; and official reception and representational expenses; and (3) appropriations for DOE under this title and in subsequent Energy and Water Development Appropriations Acts for the current fiscal year shall be available for hire of motor vehicles, hire, maintenance, and operation of aircraft, purchase, repair, and cleaning of uniforms, and reimbursement to the General Services Administration for security guard services. Sets forth provisions with respect to the transfer of funds and transfers of unexpended balances. Directs the Secretary, to the fullest extent possible, to ensure: (1) that at least ten percent of Federal funding for the development, construction, and operation of the Superconducting Super Collider be made available to business concerns or other organizations owned or controlled by socially and economically disadvantaged individuals; and (2) significant participation in such development, construction, and operation by socially and economically disadvantaged individuals. Title IV: Independent Agencies - Makes appropriations for FY 1993 for necessary expenses: (1) to carry out the program authorized by the Appalachian Regional Development Act of 1965, for the Federal Cochairman and the alternate on the Appalachian Regional Commission, and for payment of the Federal share of the Commission's administrative expenses; (2) of the Defense Nuclear Facilities Safety Board; (3) to carry out the functions of the U.S. member of the Delaware River Basin Commission and payment of the U.S. share of the current expenses of the Commission; (4) of the Nuclear Regulatory Commission; (5) of the Office of Inspector General; (6) of the Nuclear Waste Technical Review Board; and (7) to carry out the functions of the U.S. member of the Susquehanna River Basin Commission and payment of the U.S. share of the Commission. Appropriates funds: (1) to enable the Secretary of the Treasury to pay in advance to the Interstate Commission on the Potomac River Basin the Federal contribution toward the expenses of the Commission during the current fiscal year; and (2) for the purpose of carrying out provisions of the Tennessee Valley Authority Act of 1933. Title V: General Provisions - Sets forth specified restrictions on the use of appropriated funds, including: (1) barring the programs, projects, or activities defined in the report accompanying this Act from being eliminated or disproportionately reduced due to the application of "savings and slippage" provisions, unless such report expressly provides otherwise; and (2) limiting the expenditure of appropriations for any consulting service through a procurement contract to contracts where such expenditures are a matter of public record and available for public inspection, with exceptions.

National Environmental Technologies Agency Act

United States · United States Congress · 11 June 1992

National Environmental Technologies Agency Act - Establishes the National Environmental Technologies Agency to: (1) coordinate Federal environmental restoration and protection planning; (2) identify areas that need technical solutions to maintain environmental security, are not receiving product-oriented research necessary to meet those needs, and exhibit the greatest promise for the development of solutions; (3) support the development of technology having future application in environmental restoration and protection; (4) coordinate the exchange of technological information relating to environmental restoration and protection between Federal agencies and the private sector; (5) support continuing research and development of advanced technologies; (6) monitor research and development being conducted on advanced technologies by private industry; and (7) promote continuing development of a technological industrial base in the United States. Establishes an interagency advisory committee to provide information to the Agency with respect to the needs and concerns of specified agencies in the field of environmental technologies. Establishes the Industry and Academia Advisory Council to make recommendations regarding general policy for the Agency. Permits the Agency Administrator to transfer to the domestic private sector technology developed with the support of the Agency if the technology may have potential application in private activities relating to environmental restoration and protection. Authorizes the Administrator to enter into cooperative agreements with public or private entities to carry out Agency functions, subject to certain conditions. Provides for dissemination of the results of Agency research. Prohibits the making of a contract or award until the research project in question has passed a merit review. Directs the Administrator, in determining whether to make an award to a joint venture, to consider whether the joint venture has provided for appropriate participation of U.S. small businesses. Exempts from Federal disclosure requirements information obtained on a confidential basis in connection with business operations or trade secrets of a joint venture. Prohibits the disclosure by a Federal employee of intellectual property owned by a joint venture that receives funding under this Act, except in accordance with an agreement between the owner and the Administrator. Entitles the United States to a share of licensing fees and royalty payments made to a joint venture in an amount proportionate to the Federal share of costs incurred. Provides for the return of unspent Federal funds to the Agency if it appears that the recipient is not making satisfactory progress toward successful completion of the project. Entitles the United States, upon dissolution of a joint venture that receives funding under this Act, to a share of the residual assets proportionate to the Federal share of costs. Establishes the Environmental Advanced Research Projects Revolving Fund. Authorizes the Administrator to use the Fund to provide financial assistance to industrial and nonprofit research centers, universities, and other entities that serve long-term environmental security needs. Requires the Administrator to report annually to the Congress on: (1) activities of the Agency; (2) the extent to which technologies developed with Agency assistance have been used; and (3) the extent to which those technologies have been transferred overseas. Authorizes appropriations.

Le contrôle de la sûreté et de la sécurité des installations nucléaires - Compte rendu des auditions du 19 mai 1992 sur léventualité du redémarrage de Superphénix et l'avenir des réacteurs à neutrons rapides

France · Senate · 10 June 1992

Le contrôle de la sûreté et de la sécurité des installations nucléaires - Compte rendu des auditions du 19 mai 1992 sur léventualité du redémarrage de Superphénix et l'avenir des réacteurs à neutrons rapides

Community Environmental Response Facilities Act

United States · United States Congress · 10 June 1992

Community Environmental Response Facilities Act - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to require Federal agencies that plan to terminate operations on real property owned by the United States to identify property on which neither hazardous substances nor petroleum products or derivatives were stored for one year or more, released, or disposed. Requires the identification to be based on an investigation of the property to determine the presence of hazardous substances or petroleum products. Sets forth minimum requirements for the identification. Requires identifications to be made: (1) at least six months before the termination of operations on the property; and (2) with the concurrence of the Administrator of the Environmental Protection Agency and the appropriate State official. Provides that, in the case of the sale or transfer of an identified property, the deed entered into for the sale or transfer of the property by the United States to any other person shall contain: (1) a covenant warranting that any response or corrective action found to be necessary after the date of such sale or transfer shall be conducted by the United States; and (2) a clause granting the United States access to the property in any case in which a response or corrective action is necessary at the property or on adjoining property. Declares that, in the case of a covenant required in deeds for the transfer of U.S. property on which a hazardous substance was stored or released, remedial action has been taken if the construction and installation of an approved remedial design has been completed and the remedy is operating properly. Requires such covenants to contain a clause granting the United States access to the property in any case in which remedial action is found to be necessary after the date of such transfer. Directs Federal agencies that plan to terminate operations on U.S. property on which hazardous substances or petroleum products were stored for one year or more, released, or disposed of to notify the State in which the property is located of any lease that will encumber the property beyond the date of termination of operations.

Water Pollution Control and Estuary Restoration Financing Act of 1992

United States · United States Congress · 10 June 1992

Water Pollution Control and Estuary Restoration Financing Act of 1992 - Amends the Federal Water Pollution Control Act to extend the authorization of appropriations for the State water pollution control revolving fund program through FY 1999. Requires a specified percentage (increasing with each succeeding fiscal year) of such appropriations to be used by the Administrator of the Environmental Protection Agency to make capitalization grants for estuary plans to qualified States. Requires States to submit estimates of the need for assistance for implementing and monitoring such plans. Prohibits the submission of such estimates unless the estimates are approved by the appropriate management conference under the National Estuary Program. Makes States that fail to submit approved estimates ineligible for assistance. Directs States to establish separate Estuary Accounts in their water pollution control revolving funds, to be used for implementing approved estuary plans. Permits loans made with amounts in such Accounts to be for terms of up to 40 years or for the useful life of a facility constructed with the loan, whichever is less, if the borrower demonstrates financial hardship. Allows States to use interest earned on amounts in such Accounts to subsidize up to 90 percent of the principal portion of debt service of certain entities that are financially unable to carry out a necessary project for an estuary plan. Establishes a State matching requirement for deposits into Accounts. Authorizes the Administrator to make grants for the implementation of estuary conservation and management plans. Limits the Federal share to 75 percent of the total cost of implementation. Authorizes appropriations. Permits certain grants under the National Estuary Program to be used for interim actions adopted by management conferences to protect the water and sediment quality of estuaries. Extends the authorization of appropriations for management conferences, grants, conservation and management plans, and research under the National Estuary Program through FY 1999. Revises provisions concerning the purposes of management conferences. Directs the Administrator to issue a guidance document that establishes requirements for: (1) management conferences to follow in developing, implementing, and monitoring conservation and management plans; and (2) approving and implementing interim actions to protect water quality of estuaries for which plans are developed. Requires management conferences to be convened for periods of at least five years (currently, up to five years). Permits the extension of a conference for an additional five years if the affected Governors concur in the extension and the extension is necessary to meet requirements. Revises approval and implementation procedures for estuary conservation and management plans and establishes such procedures for interim actions.

Great Lakes Fish and Wildlife Tissue Bank Act

United States · United States Congress · 9 June 1992

Great Lakes Wildlife Tissue Bank Act - Provides for the storage, preparation, examination, and archiving of tissues from Great Lakes wildlife, to be known as the Great Lakes Wildlife Tissue Bank. Mandates: (1) a central data base to track and assess data on Great Lakes wildlife, including Bank data; and (2) criteria for tissue access by scientific researchers. Authorizes appropriations.

Great Lakes Federal Effectiveness Act

United States · United States Congress · 9 June 1992

Great Lakes Federal Effectiveness Act - Establishes a Great Lakes Research Council to: (1) advise and promote the coordination of Federal research activities and ensure greater effectiveness in achieving ecosystem protection of the Great Lakes through the Great Lakes Water Quality Agreement; (2) prepare and provide to interested parties a document which includes an assessment of research activities needed to fulfill the goals of the Agreement and of existing Federal expertise in such activities and recommendations for research priorities; (3) identify topics for and participate in workshops and conferences on Great Lakes research issues; (4) make recommendations for the uniform collection of data for enhancing research and management protocols relating to the Great Lakes ecosystem; (5) advise and cooperate in the establishment of a multi-media data base for such ecosystem; and (6) ensure that findings and information regarding such research is disseminated in a timely manner.

Hawaiian Islands National Marine Sanctuary Act

United States · United States Congress · 9 June 1992

Hawaiian Islands National Marine Sanctuary Act - Designates an area off the coast of the Hawaiian Islands as the Hawaiian Islands Humpback Whale National Marine Sanctuary. Provides for the development of a comprehensive management plan. Authorizes appropriations.

Great Lakes Regional Marine Center Act

United States · United States Congress · 9 June 1992

Great Lakes Regional Marine Center Act - Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to include the U.S. waters of the Great Lakes in the definition of "marine and coastal waters." Adds the Great Lakes region, comprised of such Great Lakes waters, to the list of regions for which a Regional Marine Research Board must be established. Amends the Federal Water Pollution Control Act to modify the required contents of an annual report to the Congress on Great Lakes water quality. Requires the Great Lakes Research Council (currently, the Great Lakes National Program Office and the Great Lakes Research Office jointly) to prepare a research plan for all Federal Great Lakes environmental research activities. Removes provisions establishing the Great Lakes Research Office.

National Oceanic and Atmospheric Administration Great Lakes Improvements Act

United States · United States Congress · 9 June 1992

National Oceanic and Atmospheric Administration Great Lakes Improvements Act - Establishes in the National Oceanic and Atmospheric Administration a Great Lakes Office in the District of Columbia area to promote and coordinate Administration research, monitoring, and assessment work in the Great Lakes region consistent with Great Lakes Water Quality Agreement goals.

Arkansas-Idaho Land Exchange Act of 1992

United States · United States Congress · 5 June 1992

Arkansas-Idaho Land Exchange Act of 1992 - Provides for the exchange of lands of approximately equal value in Arkansas and Idaho between the Federal Government and the Potlatch Corporation. Directs the Secretary of the Interior (Secretary) to add specified lands acquired through the exchange to the Cache River and White River National Wildlife Refuges. Directs that lands within the Grandmother Mountain Wilderness Study Area transferred to the Forest Service under this Act shall be managed so as not to impair their wilderness suitability until completion of a specified land and resource plan revision. Directs the Secretary and the Secretary of Agriculture to prepare a specified environmental analysis.

Zahl der an der UN-Konferenz für Umwelt und Entwicklung in Rio de Janeiro teilnehmenden Beamten und Angestellten (G-SIG: 12042828)

Germany · German Bundestag · 5 June 1992

To amend the Job Training Partnership Act to improve employment and training assistance for dislocated workers, and for other purposes.

United States · United States Congress · 4 June 1992

Amends the Job Training Partnership Act (JTPA) to revise provisions for title III employment and training assistance for dislocated workers, particularly under the Defense Conversion Adjustment Program (the Program). Requires State dislocated worker units to: (1) notify substate grantees immediately of current or projected permanent closures or substantial layoffs in their substate areas to continue and expand services initiated by the rapid response teams; and (2) provide the Secretary of Labor (the Secretary) with a cost breakdown of all title III funds used by such a unit for administrative expenditures. Prohibits States from transferring any of the rapid response assistance functions of such units to any other entities. Expands the definition of substantial layoff, for purposes of rapid response assistance provided under the Program, to mean a layoff of 50 or more individuals. Exempts funds expended under the Program from the 25 percent maximum limitation on needs-related payments and supportive services for other title III dislocated worker programs. Revises the Defense Conversion Adjustment Program (the Program) under JTPA title III. Directs the Secretary, from funds transferred by the Secretary of Defense under the Defense Economic Adjustment, Diversification, Conversion, and Stabilization Act of 1990, to make grants to substate grantees to provide conversion assistance to affected facilities and training, adjustment assistance, and employment services to eligible employees within such substate areas who are directly or indirectly affected by reductions in U.S. expenditures for defense or by closures of U.S. military facilities. Requires substate grantees to apply for such grants within 60 days after notification of the dislocation or potential dislocation of such employees, or else the Secretary shall make such grants to employers, employee representatives, or labor-management committees located in the areas to provide such services. Directs the Secretary, if the substate grantee and such alternative grantees fail to apply, to make such grants to the appropriate States to provide such services. Includes among grant application requirements: (1) conversion plans; (2) verification of provision of certain services by the State dislocated worker unit; (3) conditions for provision of skills enhancement training. Authorizes technical assistance in meeting application requirements. Requires assurances that the applicant will use amounts from the grant to provide certain needs-related payments. Directs the Secretary to select for substate grants only applications: (1) from areas most severely impacted (particularly those with existing high poverty or unemployment levels); (2) from areas with the greatest number of eligible employees (taking into account the ratio of eligible employees to community population); and (3) which include input and participation of the labor-management committee in the development of the conversion plan. Gives priority to applications from labor-management committees. Directs the Secretary to retain specified portions of the grant amount: (1) until determining that conversion plan requirements have been met; and (2) to reimburse the State dislocated worker unit for providing certain services. Allows such grants to be used for: (1) any authorized purpose under title III dislocated worker provisions in general or under part B Federal programs; and (2) skills enhancement training at defense facilities being converted to commercial facilities in order to supplement existing skills enhancement efforts for non-professional and non-managerial positions at such facilities. Makes specified requirements applicable to such grants for adjustment assistance. Directs the Secretary to follow specified requirements in prescribing regulations for use of such grant funds for needs-related payments in order to enable eligible employees to complete training or education programs to eligible employees participating in certificate vocational training or education programs for one year or more. Requires that student financial assistance authorized under programs for Department of Defense employees and veterans be provided prior to adjustment assistance or needs-related payments under such grants or any other student financial assistance provided under Federal law. Authorizes the Secretary, in carrying out the Program, to make grants for demonstration projects for innovative responses to the dislocation resulting from reductions in U.S. defense expenditures or closure of U.S. military installations. Directs the Secretary to reserve specified amounts for grants to community planning and adjustment committees for planning and conversion activities in substantially and seriously affected defense communities. Directs the Secretary to make grants for demonstration projects to train eligible employees in: (1) environmental cleanup at military installations, including hazardous waste; and (2) destruction or disposal of weapons at such installations. Defines eligible employee, for Program purposes, as an eligible dislocated worker who has been terminated or laid off, has received notice of termination or layoff, or will be terminated or laid off within 180 days, as a consequence of reduced U.S. defense spending or closing of U.S. military facilities. Defines substantially and seriously affected community to include not only such a community as defined under the Defense Economic Adjustment, Diversification, Conversion, and Stabilization Act of 1990, but also areas of high poverty and high unemployment, as determined by the Secretary. Amends the Defense Economic Adjustment Diversification, Conversion, and Stabilization Act of 1990 to authorize appropriations to the Secretary of Defense, which are to be transferred to the Secretary of Labor, to carry out the Defense Conversion Adjustment Program (the Program) under title III of JTPA. Requires that transfer of Federal property and equipment to a job training program under JTPA be provided to such program at no cost. Amends Federal law relating to the Armed Forces to require expansion of Interstate Job Bank program transitional services for Armed Forces members who are separated from active duty. Authorizes appropriations to the Secretary of Defense, which are to be transferred to the Secretary of Labor, to carry out such transitional services in general. Directs the Secretary of Labor to set aside a specified portion of such funds for the expansion of Interstate Job bank services to such members. Amends the Fedeal law relating to the Armed Forces to require defense contractors: (1) to give priority to hiring individuals who have received job training assistance under the Defense Conversion Adjustment Program (the Program) under JTPA; and (2) list suitable employment openings with the local employment service office. Requires the Secretary of Defense, not later than six months before the cancellation or substantial reduction in a defense contract, to give notice to a defense facility, where appropriate. Requires such facility, within two weeks after it receives such notice, to notify each employee representative (or each employee, if there is no representative).

Environmental Justice Act of 1992

United States · United States Congress · 4 June 1992

Environmental Justice Act of 1992 - Title I: Identification of Environmental High Impact Areas - Directs the Administrator of the Environmental Protection Agency to publish a list, in rank order, of the total weight of toxic chemicals present in each county in the most recent five-year period for which data are available. Designates the 100 counties with the highest total weight as Environmental High Impact Areas. Requires the Administrator to: (1) publish the methods to be used to calculate the total weight of toxic chemicals in waste, process, or other materials for public comment; and (2) revise and republish the list at least every five years. Title II: Enforcement Initiatives - Directs the Administrator and the Assistant Secretary of the Occupational Safety and Health Administration to conduct compliance inspections or reviews of all toxic chemical facilities in such Areas at least every two years. Title III: Community Participation - Authorizes the Secretary of Health and Human Services to make a grant to individuals who may be affected by a release from any toxic chemical facility in an Environmental High Impact Area. Requires grants to be: (1) designed to facilitate access by representatives of such Areas to the public participation provisions of this and other Acts; and (2) used to obtain technical assistance relating to inspections, reviews, and studies. Limits the amount of grants and sets forth cost-sharing requirements. Directs the Administrator to establish a system of user fees or assessments on toxic chemical facilities in such Areas to substitute for appropriations as the funding mechanism for the grant program. Title IV: Identification and Prevention of Health Impacts - Requires the Secretary to issue for public comment a report identifying the nature and extent of acute and chronic impacts on human health in such Areas as compared to other counties. Requires the President, if the report identifies significant adverse impacts of environmental pollution on human health in such Areas as a group, to report proposed legislation to the Congress to remedy and prevent such impacts. Includes within such legislation: (1) expansion of the Emergency Planning and Community Right-To-Know Act of 1986 to include additional facilities or chemicals or reduced quantities of chemicals triggering reporting obligations; (2) a means to redress regulatory loopholes (such as wastes exempt from or subject to lessened regulatory requirements); and (3) taxes on emissions or restrictions on releases within such Areas to induce source reduction. Establishes a moratorium on the siting or permitting of any toxic chemical facility in such Areas that may emit toxic chemicals in quantities that cause adverse health impacts if the report identifies adverse health impacts of environmental pollution. Authorizes the siting or permitting of such a facility during this period only if: (1) the need for the activity is demonstrated to the satisfaction of the Secretary; and (2) the facility demonstrates that it will minimize uncontrolled releases into the environment. Continues the moratorium until certain health-based levels have been attained in the Area.

Environmental Justice Act of 1992

United States · United States Congress · 3 June 1992

Environmental Justice Act of 1992 - Directs the Administrator of the Environmental Protection Agency to publish a list, in rank order, of the total weight of toxic chemicals present in each county in the most recent five-year period for which data are available. Designates the 100 counties with the highest total weight as Environmental High Impact Areas. Requires the Administrator to: (1) publish the methods to be used to calculate the total weight of toxic chemicals in waste, process, or other materials for public comment; and (2) revise and republish the list at least every five years. Directs the Administrator and the Secretary of Labor to conduct compliance inspections or reviews of all toxic chemical facilities in such Areas at least every two years. Authorizes the Secretary of Health and Human Services to award a grant to individuals who may be affected by a release from any toxic chemical facility in an Environmental High Impact Area. Requires grants to be: (1) designed to facilitate access by representatives of such Areas to the activities that involve public participation; and (2) used to obtain technical assistance relating to inspections, reviews, and studies. Limits the amount of grants and sets forth cost-sharing requirements. Directs the Administrator to establish a system of user fees or assessments on toxic chemical facilities in such Areas to fund the grant program. Requires the Secretary to issue for public comment a report identifying the nature and extent of acute and chronic impacts on human health in such Areas as compared to other counties. Requires the President, if the report identifies significant adverse impacts of environmental pollution on human health in such Areas as a group, to report proposed legislation to the Congress to remedy and prevent such impacts. Includes within such legislation: (1) expansion of the Emergency Planning and Community Right-To-Know Act of 1986 to require additional facilities or chemicals to be subject to reporting requirements, or a reduction in threshold quantities of chemicals that trigger reporting requirements; (2) a means to redress regulatory loopholes (such as wastes exempt from, or subject to reductions in, regulatory requirements); and (3) taxes on emissions or restrictions on releases within such Areas to induce source reduction. Establishes a moratorium on the siting or permitting of any toxic chemical facility in such Area that may emit toxic chemicals in quantities that cause adverse health impacts if the report identifies adverse health impacts of environmental pollution. Authorizes the siting or permitting of such a facility during this period only if: (1) the need for the activity is demonstrated to the satisfaction of the Secretary; and (2) the owner or operator demonstrates that the facility will minimize uncontrolled releases into the environment. Continues the moratorium until certain health-based levels have been attained in the Area.

Defense Workers Economic Reinvestment Act

United States · United States Congress · 3 June 1992

Defense Workers Economic Reinvestment Act - Title I: Economic Reinvestment Council - Establishes the Economic Reinvestment Council to: (1) administer the National Technology Infrastructure Goals Improvement and Consortia Creation program and the Fast Response State Technological Competitiveness Grants program, both established under this Act; and (2) be empowered to examine and approve or disapprove all other project and program selections made under this Act and funding decisions under this Act exceeding $500,000. Requires reviews of funding requests to be completed within 60 days. Directs the Council to advise the Secretary of Defense and the heads of other Federal agencies on the progress and success of the economic reinvestment programs established under this Act and under the Defense Economic Adjustment, Diversification, Conversion, and Stabilization Act of 1990 in alleviating the adverse economic and social effects of reductions in defense spending. Requires the Council to consult on a regular basis with Governors of States involved in reinvestment activities. Directs the Council: (1) upon receiving notification of the annual defense budget proposal of the Secretary, to commence a preliminary study of the potential adverse economic effects the proposal may have on qualified defense contractors and communities; and (2) to prepare and distribute an economic reinvestment progress report on an annual basis. Requires the latter report to be distributed to State Governors, the heads of Federal departments and agencies, and any other interested persons. Authorizes appropriations. Title II: National Technology Infrastructure Goals Improvement and Consortia Creation - Directs the President, in order to exploit the potential of critical technologies that would benefit national infrastructure and create export opportunities, to develop and carry out a program to assist advanced technology projects. Includes the following areas within appropriate investments in advanced technology projects which are in the national interest: space exploration, transportation, environmental restoration, telecommunications, energy efficiency, health care, education, and ocean technology. Directs the Council to solicit, review, prioritize, and select advanced technology projects to benefit the national technology infrastructure. Requires the Council to prepare and disseminate guidelines for qualifying project proposals. Requires specified Federal department and agency heads to submit to the Council proposals for such projects. Allows other Federal departments and agencies to submit proposals. Provides that, once a project is selected, the Council shall review project plans and schedules, provide funds to the project through the Department of Defense (DOD), and oversee implementation of the project. Encourages joint ventures in such projects with combinations of industry, academic, and State and Federal Government partners. Authorizes appropriations to fund such project for FY 1993 through 1996. Directs the Council to coordinate and oversee the creation of one consortium matched to each project, focusing on the basic and applied research for such project. Requires at least 50 percent of the funding for a consortium to derive from non-Federal sources. Limits Federal funding for a consortium to $5,000,000 annually for a period of four years. Requires small business to receive a minimum of 20 percent of the consortium research funding. Requires the Council to solicit and evaluate other proposals for critical technology consortia and to select at least three proposals annually. Places identical limits on the length and amounts of Federal funding for such consortia. Requires activities conducted by such a consortium to include a significant defense component. Authorizes appropriations for FY 1993 through 1996. Directs the Secretary to reexamine existing procurement contracts to determine whether overly restrictive specifications on systems, supplies, and services that are also available commercially have been made. Directs the Secretary, for contracts exceeding $100,000 where DOD specifications preclude the purchase of commercial sector products, to justify the necessity for developing a different specification and the unsuitability of commercial specifications. Requires the Secretary to report to the Congress detailing such justifications for each contract. Requires each defense contract solicitation to include provisions which encourage the use of commercially available systems, supplies, and services. Title III: Relieving Labor Shortages in Selected Civilian Applications - Directs the Secretary to establish an Office of Training Oversight and Administration to coordinate and oversee retraining, placement, and other transition assistance activities for full-time employees of at least three years of a qualified defense contractor (a contractor deriving 30 percent of its annual income from, or using 30 percent of its work force on, defense contracts) who: (1) are directly involved with a DOD funded project which is canceled or which receives at least a 25 percent reduction in Federal funds; and (2) are terminated or likely to be terminated within one year as the result of such cancellation or reduction. Directs the Office to disseminate information concerning such retraining and placement assistance to all qualified contractors and eligible DOD employees. Directs the Office to maintain statistics on the effectiveness of the transition assistance program in order to aid the Council in required activities. Authorizes the Office, in cooperation with other Federal agencies, to enter into agreements for the provision to eligible DOD employees of such transition assistance in skills identified to be in short supply in the area in which the retraining program operates. Authorizes the Office to award one- and two-year scholarships to educational institutions, giving a priority in such scholarships to eligible employees who seek vocational training and for scholarships in certain critical occupations as determined by the Office. Limits the Federal contribution to a training program to 50 percent of its costs. Authorizes appropriations for FY 1993 through 1995. Requires a qualified defense contractor to make a good faith effort to identify as early as possible employees who meet the eligibility requirements of the program, to advise them on options, and to allow them to participate in retraining and other transition assistance programs. Allows certain employees previously terminated under similar conditions within one year before the enactment of this Act to be eligible for such program. Title IV: Commercialization Opportunities - Directs the Secretary of Commerce (Secretary, for purposes of this title) to establish a program to assist U.S. businesses in creating and applying the generic technology and research results necessary to commercialize significant new discoveries and technologies. Requires the program selection board to be modeled after the Advanced Technology Program of the National Institute of Standards and Technology. Directs the Secretary to inform the Council of the status of funded projects and on new selections for the Council's approval as required under title I. Authorizes the Secretary to enter into contracts and cooperative agreements with U.S. businesses for commercialization projects to demonstrate the feasibility of a particular technology or process up to the prototype stage, limiting the Federal funds to 33 percent of the project's costs, and limiting a single project to $1,000,000. Authorizes appropriations to the Secretary for FY 1993 through 1996. Authorizes the Secretary to make loans to U.S. businesses of up to $3,000,000 for any one commercialization project. Prohibits more than three loans from being made to any single company or joint venture. Provides loan conditions and criteria. Authorizes appropriations for FY 1993. Directs the Secretary of Defense to: (1) encourage the creation of industrial parks or technology incubator centers to transfer and spin off technology from qualified defense contractors to small businesses; (2) use royalties earned from the licensing of certain patents to assist local technology transfer activities; and (3) create and administer an awards program (modeled after an awards program under the Stevenson-Wydler Technology Innovation Act of 1980) to foster and encourage innovation and redirection efforts by qualified defense contractors in the area of commercialization. Title V: Fast Response State Technological Competitiveness Grants - States as the purpose of this title to provide Federal assistance directly to States for defense reinvestment programs. Directs the Secretary to allocate amounts authorized for appropriation under this title under a specified funding formula as technological competitiveness grants to States whose defense reinvestment programs meet certain requirements. Directs the Council to develop and disseminate guidelines on State eligibility for such grants. Requires a State, prior to receiving such a grant, to provide the Council information about its defense reinvestment program. Directs each State to report annually to the Council on progress under its reinvestment program, as well as any other data analysis required by the Council for its duties. Directs the Secretary to withhold grant funds from a State if the Council concludes that such State's reinvestment program or its progress is unsatisfactory relative to the published guidelines. Allows a 90-day appeal period during which the State shall be permitted to submit a revised program for Council review. Authorizes appropriations for FY 1993 through 1995 for such grants.

Anti-Drug Abuse Act of 1992

United States · United States Congress · 3 June 1992

Anti-Drug Abuse Act of 1992 - Title I: International Efforts to Reduce Illegal Drug Production and Drug Trafficking - Expresses the sense of the Congress that the President should direct the Secretary of State to negotiate with the Governments of Canada and Mexico for the establishment of a North American Narcotics Council which would explore ways and means of facilitating the exchange of information (both in antinarcotics efforts and in substance abuse reduction and education programs), increasing cooperation in antinarcotics efforts, and improving efforts to supply assistance to source and trafficking countries, and reducing through other areas and programs the demand for and supply of illicit narcotics and psychotropic substances. Requires the President to submit to the Congress, for each fiscal year in which the United States participates in the Council, a budget request to cover the expenses of such participation. Sets forth provisions for the appointment of a permanent U.S. representative and congressional advisors to the Council, provisions for termination of such Council, and reporting requirements. Requires the President, with respect to each year after 1992, to determine whether: (1) there was a reduction in the quantity of illicit coca produced or in illicit coca activities in Bolivia, Colombia, and Peru; and (2) any reduction is attributable to the implementation of social or economic alternatives in such countries. Authorizes the President, if an affirmative determination with respect to such a country is made and the Congress enacts a law approving it, to apply special trade treatment to articles that: (1) are products of such country; and (2) are entered or withdrawn from warehouse for consumption in U.S. customs territory in the year following the year such determination was made. Specifies that if the granting of such special trade treatment would violate the General Agreement on Tariffs and Trade, provisions of this Act shall be inapplicable until the President obtains a waiver of the provision which is the basis for such violation. Prohibits such special treatment if specified actions under the Narcotics Control Trade Act are in effect with respect to such country or if such treatment is restricted under countervailing duties or trade dumping regulations. Authorizes appropriations for additional economic assistance grants for the Governments of Bolivia and Peru, to be made available only after consummation of a written agreement between such governments and the United States outlining specific, verifiable illicit coca eradication plans resulting in a 50 percent eradication of the illicit coca crop by the end of FY 1994, and a 100 percent eradication by the end of FY 1997. Requires the Secretary of State to negotiate such bilateral agreements on behalf of the United States and to have primary responsibility for verifying the actual eradication of illicit coca in Bolivia and Peru. Authorizes the use of funds under the Foreign Assistance Act of 1961 (FAA) and the Arms Export Control Act (AECA) for training and equipment for law enforcement agencies or other units in Colombia, Bolivia, and Peru that are organized for the specific purpose of enforcing narcotics laws. Waives, during FY 1992 through 1994, specified provisions limiting assistance to countries in default on obligations owed to the United States with respect to narcotics-related assistance under the FAA or AECA for a country that is a "major illicit drug producing country" because of its coca production. Amends the FAA to: (1) authorize funding for the procurement of weapons or ammunition to arm, for defensive purposes, aircraft that are leased or loaned by the United States and used in narcotics control eradication or interdiction efforts and persons participating in such efforts; (2) make an exception to the withholding of assistance for major illicit drug producing or drug-transit countries where such action would be contrary to the national interest of the United States; (3) authorize the President to provide aircraft on a sale or grant basis for anti-narcotics activities if he determines that it would be in the national interest to do so and reports the determination and the terms of the proposed sale or grant to the Congress; (4) authorize Bolivia and Peru to have U.S. military personnel strengths larger than six to carry out international security assistance programs; and (5) make certain certification procedures under such Act inapplicable to certain major drug-transit countries if the President certifies that such countries meet specified requirements in making progress towards narcotics control. Amends the Export-Import Bank Act of 1945 to: (1) make certain restrictions under such Act and under the AECA inapplicable to sales of defense articles or services made on or before September 30, 1994 (currently, 1990); and (2) revise the definition of the term "defense articles and services" to conform to that under the AECA. Expresses the sense of the Congress that the Secretary of the Treasury shall instruct the U.S. Executive Directors of the International Bank of Reconstruction and Development, the International Development Association, and the Inter-American Development Bank to use the vote and influence of the United States to promote development projects in the Andean region consistent with U.S. anti-narcotics objectives. Establishes an Interagency Task Force on Combatting Illicit Narcotics and an Interagency Task Force on Money Laundering. Authorizes the Attorney General to assist major illicit drug producing and drug-transit countries in adopting national legislation to accommodate treaties on mutual assistance in criminal matters and on extradition and to provide technical assistance and advice aimed at strengthening the judicial, legal, and law enforcement systems of such countries. Expresses the sense of the Congress that: (1) the United States should support the actions of Latin American jurists in prosecuting drug criminals; and (2) the President should take steps to convene an international judicial conference for the purposes of emphasizing worldwide support for prosecuting drug traffickers and enabling senior judicial officials to exchange information on antinarcotic laws and statutes. Authorizes appropriations for military and law enforcement assistance and training to eligible countries for controlling illicit narcotics production and trafficking. Urges the executive branch to: (1) coordinate closely with all allies in the Western Hemisphere dedicated to countering the threat of drug trafficking; and (2) explore the possibility of undertaking joint military and intelligence operations with other countries of the Western Hemisphere. Directs the Attorney General to enter into negotiations with law enforcement officials of each foreign country with jurisdiction over companies that manufacture, market, sell, or purchase precursor or essential chemicals used in the illicit manufacture of controlled substances, with priority given to countries knowingly or unknowingly supplying such chemicals, to: (1) establish a list of such chemicals; (2) achieve international agreement on a method for maintaining records of transactions of such chemicals; (3) establish a procedure by which such records may be made available to U.S. law enforcement authorities; and (4) encourage source countries to enact national chemical control legislation. Requires the President to impose sanctions (such as barring transactions within the interstate or foreign commerce of the United States) on any company or other entity that refuses to maintain records to monitor and regulate transactions of listed precursor chemicals or that refuses to make such records available to U.S. law enforcement authorities for investigative purposes. Authorizes and directs the Attorney General to conduct research into additives and other means which would render precursor and essential chemicals useless in the production and manufacture of illegal drugs but that would not affect the legitimate commercial uses of such chemicals. Authorizes appropriations. Requires the Secretary of Defense to: (1) transfer four AH-1J helicopters to the Government of Colombia for anti-drug interdiction operations; and (2) make available sums for the training of Colombian personnel by Department of Defense (DOD) personnel in the operation, maintenance, logistics support, and deployment of such helicopters. Urges the Secretary of State to fully consider and implement proposals from U.S. allies for combatting illicit narcotics, including cooperation in law enforcement, interdiction, prevention, treatment, and research. Title II: Interdiction - Subtitle A: Department of State - Authorizes appropriations for the procurement of UH-1 helicopter upgrade improvement kits to enhance the performance of such helicopters used in drug interdiction operations in major drug transit countries. Subtitle B: Customs Service - Amends the Customs Procedural Reform and Simplification Act of 1978 to authorize appropriations for additional canine enforcement teams and research and development and to increase the number of full-time Customs Service inspectors deployed at ports of entry under the contraband inspection program. Subtitle C: Defense - Authorizes appropriations for the Army National Guard to upgrade surveillance helicopters. Provides for: (1) the deployment of such helicopters by Guard units of Arizona, California, New Mexico, and Texas to support interdiction operations carried out by civilian law enforcement agencies; and (2) coordination with specified agencies. Authorizes appropriations to DOD for airborne early warning surveillance (AEW) aircraft. Authorizes the Secretary of Defense to make the P-3 AEW aircraft available to the Customs Service. Subtitle D: Making Drug-Related Intelligence a Level-One Intelligence Priority - Calls for the U.S. intelligence community to devote greater resources to intelligence activities relating to international drug production and trafficking. Urges the Director of Central Intelligence (DCI) to: (1) make support of anti-drug efforts a Level One Priority in his National Foreign Intelligence Strategy; (2) reflect such priority in the National Foreign Intelligence Program; and (3) include in his next National Foreign Intelligence Budget a separate and detailed request for funds necessary to make such activities a Level One Priority. Expresses the sense of the Congress that the DCI should expand resources devoted to human intelligence directed against international drug trafficking, particularly with respect to law enforcement operations along the U.S. border. Subtitle E: Preventing Drug Traffickers From Entering the United States Using Fraudulent Immigration Documents - Directs the Secretary of State and the Attorney General to: (1) establish a program under which applicants for entry into the United States shall be required to submit fingerprints at the time of application and to be checked against records of the Federal Bureau of Investigation (FBI), the Immigration and Nationalization Services (INS), and other U.S. agencies to ensure that the applicant has not submitted fraudulent documentation or is not otherwise excludable under U.S. immigration laws; (2) implement such program in two phases, including a two-year pilot program for applicants from major drug-producing or transit countries (phase I) and implementation over the next three years and expansion to all alien applicants requesting entry into the United States (phase II); and (3) conduct a comprehensive review and evaluation of such program and submit specified reports to the Congress. Subtitle F: Situational Awareness Technology - Makes certain funds authorized to be appropriated for Research, Development, Test, and Evaluation, Air Force, available for continued development of situational awareness technology for military and civilian drug interdiction applications. Title III: Law Enforcement - Subtitle A: State and Local Law Enforcement Assistance - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to authorize appropriations for the Drug Control and System Improvement Grant Program. Subtitle B: Interstate Transportation for Purposes of Drug Activity - Amends the Controlled Substances Act (CSA) to prohibit the transport in interstate or foreign commerce of a person for the purpose of engaging in the growing, harvesting, manufacture, distribution, or dispensing of a controlled or counterfeit substance. Subtitle C: Drug-Free School Zones - Directs the Attorney General to develop a model program of strategies and tactics for establishing and maintaining drug-free school zones which provide State and local law enforcement agencies with materials, training, and other assistance to establish, enforce, and evaluate the effectiveness of drug-free school zone enforcement efforts. Delineates criteria for such model program, including defining the criminal justice community's role in creating and maintaining such zones, developing a framework for law enforcement collaboration with the school system and community resource network, providing materials and technical assistance for demarcating and establishing such zones, and creating a uniform framework for monitoring and evaluating their effectiveness. Authorizes appropriations. Subtitle D: Drug Testing of Defendants on Probation or Supervised Release - Amends the Federal criminal code to require: (1) the Director of the Administrative Office of the U.S. Courts to establish a program of drug testing of criminal defendants on supervised release; and (2) the chief probation officer in each district to arrange for the drug testing of such defendants. Requires, as an explicit condition of probation, parole, or supervised release of a defendant involving a felony or a specified violent or drug offense, that the defendant refrain from any unlawful use of a controlled substance and submit to periodic drug tests. Sets limitations on the authority to require such tests and to take action against a defendant based on test results. Subtitle E: Civil Forfeiture - Eliminates a restriction on the disposal of judicially forfeited property by the Secretary of the Treasury and the Postal Service. Subtitle F: Authorization of Appropriations - Authorizes appropriations, to carry out the activities of the Department of Justice (DOJ), for: (1) the hiring of additional personnel for the U.S. Attorney's office, and for additional agents of the FBI; (2) the Drug Enforcement Administration (DEA); (3) the States, under the formula grant program administered by the Office of Justice Programs, for rural drug enforcement; (4) State and local multi-agency tactical narcotics teams in high intensity drug areas; (5) the establishment by DEA of a foreign precursor chemical program; (6) the establishment and operation of a national drug and related crime tip hotline; and (7) the INS. Authorizes appropriations, to carry out the activities of the Department of the Treasury, for: (1) the Bureau of Alcohol, Tobacco, and Firearms; (2) the Federal Law Enforcement Training Center; and (3) the U.S. Customs Service. Subtitle G: Regional Prisons - Authorizes appropriations for the construction and operation of ten regional prisons for State and Federal prisoners found to have substance abuse problems requiring long-term treatment to be located in places chosen by the Director of National Drug Control Policy. Sets forth requirements regarding prisoner eligibility, State responsibilities with respect to such prisons, and the powers of the Director of the Bureau of Prisons. Subtitle H: Victims of Child Abuse Act of 1992 - Victims of Child Abuse Act of 1992 - Chapter 1: Drug-Related Child Abuse; Habitual Child Abuse Offense - Amends the Federal criminal code to make it a felony to commit a crime of violence against a person under age 18 if the offense was committed as part of a violation of the CSA or the Controlled Substances Import and Export Act. Requires the Attorney General to amend the United States Attorneys' Manual to reflect the intent of the Congress that Federal prosecution occur only in egregious cases of drug-related abuse and neglect. Requires the United States Sentencing Commission to promulgate guidelines to provide that a defendant convicted of such an offense, who has previously been convicted on two separate occasions of a sexual offense or crime of violence in which the victim was under age 18, shall receive the maximum punishment authorized by law. Chapter 2: Improving Investigation and Prosecution of Child Abuse Cases - Requires the Administrator of the Office of Juvenile Justice and Delinquency Prevention to make grants to develop multidisciplinary child abuse investigation and prosecution programs. Enumerates program criteria, including requirements identifying a neutral site for counseling child victims of sexual and serious physical abuse and neglect, referring cases to such counseling center within 24 hours, minimizing the number of interviews the child victim must attend, requiring that all interviews and meetings with a child victim occur at the counseling center, designating a director for the multidisciplinary program, and assigning volunteers or staff advocates to each child's family. Requires the Administrator to make grants to provide technical assistance and training to attorneys and others instrumental to the criminal prosecution of child abuse cases in State or Federal courts. Authorizes appropriations. Chapter 3: Court-Appointed Special Advocate Program - Requires the Administrator to: (1) make grants to expand the court-appointed special advocate program; (2) establish criteria to be used in evaluating grant applications, which shall include a program providing screening, training, and supervision of court-appointed special advocates. Authorizes appropriations. Chapter 4: Child Abuse Training Programs for Judicial Personnel and Practitioners - Requires the Administrator to provide technical assistance and training to judicial personnel and attorneys to improve the judicial system's handling of child abuse and neglect cases and provide administrative reform in juvenile and family courts. Subtitle I: Rural Drug Enforcement - Rural Drug Enforcement Act - Requires the Director of National Drug Control Policy to designate a Rural Drug Policy Coordinator to examine the special needs of rural areas in drug interdiction and coordinate the drug interdiction efforts of Federal agencies in such areas. Amends the Omnibus Act to set aside specified sums for rural areas. Directs the Attorney General to assign for any rural State that is currently assigned less than ten drug enforcement agents not less than four additional special agents. Directs the Secretary of the Treasury to develop a drug interdiction training program for law enforcement officers in rural areas. Authorizes appropriations. Title IV: Prevention, Treatment, and Education - Subtitle A: Drug Testing - Quality Assurance in the Private Sector Drug Testing Act of 1992 - Prohibits any employer engaged in commerce from refusing to hire an applicant, taking adverse action against an employee, or discharging an employee on the basis of the results of a drug test administered to the applicant or employee unless such test was conducted by a laboratory which: (1) meets guidelines prescribed by the Secretary of Health and Human Services; (2) requires a confirmatory test when an initial screening test is positive; and (3) provides guidelines to the employers on procedures for the collection of specimens to be tested and the chain of custody. Subjects an employer who takes any such action on the basis of a drug test result conducted by a laboratory which does not meet such requirements to a civil penalty of $10,000. Subtitle B: Miscellaneous Provisions - Amends the Public Health Service Act (PHSA) to require the Administrator of the Alcohol, Drug Abuse, and Mental Health Administration (ADAMHA) to make grants and enter into contracts and cooperative agreements to provide clinical training in alcohol and drug abuse and to develop curricula and materials for such training. Authorizes appropriations. Increases the ADAMHA block grant authorization. Authorizes the use of ADAMHA block grant funds for alcohol abuse and drug addiction treatment services in State or local correctional facilities. Requires the State, as a condition on the receipt of Federal funds, to maintain State expenditures for drug abuse-related services at a level equal to not less than the average amount of such expenditures for the preceding two years. Requires States to develop and submit to the Secretary annually for review and approval a Statewide Drug Treatment Plan. Requires the Director of the Office for Substance Abuse Prevention, in making grants for model projects for pregnant and post-partum women and their infants, to give priority to projects that will provide treatment services and that include specified programs including outreach services, child care, transportation, and other support services, case management services, and any other services that will tend to improve pregnancy outcomes, reduce substance abuse among women of childbearing age, and increase the stability of the family home environment. Bars the Director from making such grants unless specified conditions are met, such as the applicant's agreeing to provide the health service directly, that any charge imposed be according to a schedule of charges made available to the public and be adjusted to reflect the recipient's income and resources, and that no charge be imposed upon any women with an income less than 100 percent of the official poverty line. Authorizes appropriations. Establishes in ADAMHA the Office for Treatment Improvement (Treatment Office) to: (1) collaborate with the Director of the Office for Substance Abuse Prevention and the Director of the National Institute on Drug Abuse (NIDA); (2) evaluate State plans and carry out programs under existing provisions; (3) train providers of prehospital emergency medical services; (4) conduct or support described programs; and (5) take other actions with regard to treatment. Authorizes appropriations. Establishes within the General Accounting Office a Special Panel on Evaluation of Drug Prevention, Education, and Treatment Programs. Authorizes appropriations. Requires the Director of the Treatment Office to establish programs to provide grants to: (1) eligible institutions to provide training services to increase the supply of drug treatment professionals; and (2) hospitals, community health centers, and other appropriate entities that serve nonmetropolitan areas to assist in developing and implementing projects (at least one in each State) that provide, or expand the availability of, substance abuse treatment services. Requires the alcohol and drug abuse information clearinghouse required to be established under the PHSA to: (1) gather information pertaining to ADAMHA and other rural drug abuse treatment and education projects operating throughout the United States; and (2) disseminate information to rural hospitals, community health centers, community mental health centers, treatment facilities, community organizations, and other interested individuals. Transfers authority from the Administrator of ADAMHA to the Director of the Treatment Office for an existing grant program for reduction of the waiting period for drug abuse treatment. Removes provisions prohibiting more than one grant for any treatment program. Allows a grantee to spend not more than 50 percent of the grant for follow-up services. Increases the authorization of appropriations. Sets forth reporting requirements. Authorizes appropriations for the Federal Prison System for substance abuse treatment services. Directs the Bureau of Prisons to separate drug-dependent offenders undergoing treatment from the general prison population and avoid returning such offenders to the general prison population after the completion of the treatment program. Requires the Attorney General to: (1) make sums available from appropriations authorized for DOJ to establish a Federal training center to train Federal, State, and local prison officials to develop treatment and rehabilitation programs for drug-dependent prisoners; and (2) require the Director of the prison system to see that no less than 25 percent of all new prison beds at any new prison facility, beginning in FY 1992, include treatment and rehabilitation programs and accommodations for drug-dependent offenders. Requires the Director of the Treatment Office to establish programs to provide grants to public and nonprofit private entities that provide drug treatment services to individuals under criminal justice supervision. Subtitle C: Education and Prevention - - Reauthorizes appropriations under the Drug Free Schools and Communities Act of 1986. Amends such Act to require the Secretary of Education to establish and administer a model program to provide grants to schools and institutions to implement comprehensive drug education programs providing for the establishment of an anti-drug policy, implementation of peer to peer programs that allow children to talk about handling pressures to use and sell drugs, and family and community involvement in drug prevention. Sets forth criteria for grant awards. Authorizes appropriations. Requires such Secretary to expand existing programs at the Department of Education to provide schools with greater access to programs that teach skills in resisting drug abuse and assertiveness training for children in grades kindergarten through 12. Authorizes appropriations. Amends the PHSA to direct the Secretary of Health and Human Services to establish: (1) a program to make grants to eligible institutions that establish or expand drug prevention programs to be comprehensive in nature and to include an anti-drug policy, peer to peer drug abuse programs, and family and community involvement; and (2) a National Substance Abuse Prevention Training Program to make grants to States, local agencies, and community organizations to provide substance abuse prevention training and to coordinate with other community resources and programs. Authorizes appropriations. Directs such Secretary to establish a National Drug Prevention Corps. Authorizes appropriations. Requires the Director of National Drug Control Policy to provide resources to assist members of the motion picture and television industries in the production of programs that carry anti-drug messages. Authorizes appropriations. Expresses the sense of the Congress that: (1) all places of work should be drug-free; (2) corporate America should take an active role in assisting employees with drug-related problems; and (3) employers should take specified steps towards creating a drug-free workplace, such as establishing a clear drug-free policy and establishing an employee assistance plan for substance abusing employees. Directs the Secretary of Labor to: (1) identify 100 major business regions in the United States and contact local chief executive officers in such regions to encourage them to develop in each region a Corporation Against Drug Abuse program; and (2) provide each region with $10,000 to assist such officers in coordinating such program in each region. Amends the Drug-Free Workplace Act of 1988 to include within the drug-free awareness programs for Federal contractors and Federal grant recipients discussions of the dangers and early signs of drug abuse by children. Title V: Department of Defense - Authorizes the Secretary of Defense to plan and execute training missions for the primary purpose of assisting civilian law enforcement agencies in connection with counter-drug activities. Amends the Department of Defense Authorization Act of Fiscal Years 1990 and 1991 to authorize the Secretary to transfer excess communications equipment to civilian law enforcement agencies of foreign countries to assist in counter-drug activities. Authorizes the President to lease excess engineering equipment in the inventory of DOD to foreign governments to assist in anti-drug activities or in the development of their infrastructure at nominal or no cost to such governments. Authorizes the Secretary to make available logistic support to any major illicit drug producing country which has been transferred excess defense articles. Allocates funds appropriated for such support. Title VI: Sanctions for Failure to Land or to Bring To - Makes it unlawful for the pilot, operator, or other person in charge of an aircraft subject to U.S. jurisdiction to refuse to obey the order of an authorized Federal law enforcement officer to land in cases involving enforcement of controlled substances or money laundering laws. Sets forth analogous provisions with respect to vessels. Establishes penalties for violation of such provisions. Specifies that any vessel or aircraft used in such a violation may be seized and forfeited. Amends the Federal Aviation Act of 1958 to require: (1) revocation of the registration certificate of an aircraft that refuses to land when ordered to do so by a law enforcement officer; and (2) the Administrator of the Federal Aviation Administration to establish procedures for the owner of the aircraft to show cause why the registration should not be revoked or why it would be in the public interest to issue a new certificate of registration to be effective concurrently with the revocation which occurred by operation of law. Authorizes the Coast Guard to issue orders and make inquiries, searches, seizures, and arrests with respect to violations of U.S. laws occurring aboard any aircraft over the high seas and waters over which the United States has jurisdiction. Specifies the method by which orders to land an aircraft must be communicated. Establishes a civil penalty for failure to comply with a lawful boarding or order to land. Amends the Tariff Act of 1930 to: (1) authorize U.S. Customs officers to exercise their enforcement authority outside of the United States, including any location in which Customs officers are permitted to conduct inspections, examinations, or searches; and (2) provide civil penalties for failure of an aircraft to comply with Customs officer orders to land or bring to and Tariff Act provisions regarding the boarding of vessels. Title VII: Protection of Witnesses, Jurors, and Court Officers - Increases penalties for obstruction of justice offenses against court officers and jurors and for retaliatory killings of witnesses, victims, and informants. Title VIII: Narcotics-Related Public Corruption - Specifies that any: (1) public official who corruptly demands, seeks, or accepts anything of value in return for being influenced in the performance or non-performance of an official act or influenced to commit or aid in committing any Federal or State offense shall be guilty of a class B felony; and (2) person who corruptly gives, offers, or promises anything of value to a public official (or offers to give anything of value to any other person) with intent to influence any official act or to influence such public official to commit a Federal or State offense or to do or omit any act in violation of such official's lawful duty shall be guilty of a class B felony. Authorizes funding for undercover operations by the Department of the Treasury. Title IX: Asset Forfeiture and Money Laundering - Makes technical and conforming amendments to the CSA, Federal criminal code, and Tariff Act. Title X: Miscellaneous - Adds certain cocaine and drug conspiracy and attempt offenses committed by juveniles to the list of crimes authorizing prosecution as an adult if the Attorney General certifies that there is a substantial Federal interest in the case that justifies adult prosecution. Authorizes the disclosure of cable television subscriber information to a Federal grand jury. Amends the Anti-Drug Abuse Act of 1988 to permit an arrest warrant to be issued for a foreign fugitive about to enter the United States. Title XI: High Priority Research Areas - Subtitle A: General Provisions - Expresses the sense of the Congress that the Medications Development Division of NIDA shall devote special attention and resources to achieving the development of a methadone alternative, a long-acting narcotic antagonist, a cocaine blocking treatment, a cocaine blocker/narcotic antagonist treatment, medications to treat addictions to methamphetamine, and medications to treat pregnant addicts and their fetuses. Requires: (1) the Director of the Division to establish a panel of independent experts in the field of pharmacotherapeutic treatment of drug addiction to assess the national strategy for developing such treatments and make appropriate recommendations; and (2) the Surgeon General of the United States to submit to the appropriate congressional committees a report setting forth recommendations of such panel and assessing the progress of the Nation toward development of safe, efficacious pharmacological treatments for drug addiction. Subtitle B: Counter-Narcotics Technology Assessment Center - Counter-Narcotics Technology Act of 1992 - Amends the Anti-Drug Abuse Act of 1988 to establish within the Office of National Drug Control Policy (ONDCP) the Counter-Narcotics Technology Assessment Center, to operate under the general authority of the Deputy Director for Supply, ONDCP, to serve as the central counter-narcotics enforcement research and development organization of the U.S. Government. Requires that there be at the head of the Center the Chief Scientist of Counter-Narcotics Technology. Requires, beginning with the FY 1992 budget, that the Director of National Drug Control Policy submit a separate appropriations request for expenses relating to all Federal agencies for counter-narcotics enforcement research and development programs. Establishes a national counter-narcotics technology account. Requires such appropriations to be made to the account for the Director to make reimbursements to the involved agencies. Authorizes appropriations. Subtitle C: National Drug Abuse Epidemiology - Amends the PHSA to require the Secretary of Health and Human Services to establish a National Drug Intelligence Epidemiology System to: (1) conduct research and provide documentation on the leading drug abuse indicators, such as drug-related emergency room visits, deaths, and drug treatment admissions; (2) publish data concerning such indicators on a quarterly basis; and (3) distribute publications concerning such information to medical professionals, police agencies, and others involved in anti-drug efforts. Authorizes appropriations. Requires the Secretary to establish a National Drug Abuse Report Card to: (1) collect research on such indicators; (2) characterize the statistics compiled by age, ethnic, and gender groups, by regional variations, and by at-risk groups; (3) include estimates of drug use among previously under-surveyed groups; and (4) publish and distribute reports on a quarterly basis. Authorizes appropriations. Subtitle D: Land-Based Drug Interdiction Technology - Requires: (1) the Director of the U.S. Border Patrol to make certain sums available to accelerate the development of new technologies for land-based drug interdiction systems to be deployed along the U.S.-Mexican border to monitor narcotics trafficking activity, and to have such technology available for deployment by June 1, 1993; and (2) the Attorney General to ensure that the development of such technology is included in any comprehensive plan for utilizing existing research and development facilities of specified Federal agencies to carry out their anti-drug missions. Title XII: Appropriations - Provides for a reduction in amounts available for Government travel to cover the cost of any additional outlays resulting from this Act, with exceptions.

Defense Workers Economic Reinvestment Act

United States · United States Congress · 3 June 1992

Defense Workers Economic Reinvestment Act - Title I: Economic Reinvestment Council - Establishes the Economic Reinvestment Council to: (1) administer the National Technology Infrastructure Goals Improvement and Consortia Creation program and the Fast Response State Technological Competitiveness Grant program, both established under this Act; and (2) be empowered to examine and approve or disapprove all other project and program selections made under this Act and funding decisions under this Act exceeding $500,000. Requires reviews of funding requests to be completed within 60 days. Directs the Council to advise the Secretary of Defense and the heads of other Federal agencies on the progress and success of the economic reinvestment programs established under this Act and under the Defense Economic Adjustment, Diversification, Conversion, and Stabilization Act of 1990 in alleviating the adverse economic and social effects of reductions in defense spending. Requires the Council to consult on a regular basis with Governors of States involved in reinvestment activities. Directs the Council: (1) upon receiving notification of the annual defense budget proposal of the Secretary, to commence a preliminary study of the potential adverse economic effects the proposal may have on qualified defense contractors and communities; and (2) to prepare and distribute an economic reinvestment progress report on an annual basis. Requires the latter report to be distributed to State governors, the heads of Federal departments and agencies, and any other interested persons. Authorizes appropriations. Title II: National Technology Infrastructure Goals Improvement and Consortia Creation - Directs the President, in order to exploit the potential of critical technologies that would benefit national infrastructure and create export opportunities, to develop and carry out a program to assist advanced technology projects. Includes the following areas within appropriate investments in advanced technology projects which are in the national interest: space exploration, transportation, environmental restoration, telecommunications, energy efficiency, health care, education, and ocean technology. Directs the Council to solicit, review, prioritize, and select advanced technology projects to benefit the national technology infrastructure. Requires the Council to prepare and disseminate guidelines for qualifying project proposals. Requires specified Federal department and agency heads to submit to the Council proposals for such projects. Allows other Federal departments and agencies to submit proposals. Provides that, once a project is selected, the Council shall review project plans and schedules, provide funds to the project through the Department of Defense (DOD), and oversee implementation of the project. Encourages joint ventures in such projects with combinations of industry, academic, and State and Federal Government partners. Authorizes appropriations to fund such project for FY 1993 through 1996. Directs the Council to coordinate and oversee the creation of one consortium matched to each project, focusing on the basic and applied research for such project. Requires at least 50 percent of the funding for a consortium to derive from non-Federal sources. Limits Federal funding for a consortium to $5,000,000 annually for a period of four years. Requires small business to receive a minimum of 20 percent of the consortium research funding. Requires the Council to solicit and evaluate other proposals for critical technology consortia and to select at least three proposals annually. Places identical limits on the length and amounts of Federal funding for such consortia. Requires activities conducted by such a consortium to include a significant defense component. Authorizes appropriations for FY 1993 through 1996. Directs the Secretary to reexamine existing procurement contracts to determine whether overly restrictive specifications on systems, supplies, and services that are also available commercially have been made. Directs the Secretary, for contracts exceeding $100,000 where DOD specifications preclude the purchase of commercial sector products, to justify the necessity for developing a different specification and the unsuitability of commercial specifications. Requires the Secretary to report to the Congress detailing such justifications for each contract. Requires each defense contract solicitation to include provisions which encourage the use of commercially available systems, supplies, and services. Title III: Relieving Labor Shortages in Selected Civilian Applications - Directs the Secretary to establish an Office of Training Oversight and Administration to coordinate and oversee retraining, placement, and other transition assistance activities for full-time employees of at least three years of a qualified defense contractor (a contractor deriving 30 percent of its annual income from, or using 30 percent of its work force on, defense contracts) who: (1) are directly involved with a DOD funded project which is canceled or which receives at least a 25 percent reduction in Federal funds; and (2) are terminated or likely to be terminated within one year as the result of such cancellation or reduction. Directs the Office to disseminate information concerning such retraining and placement assistance to all qualified contractors and eligible DOD employees. Directs the Office to maintain statistics on the effectiveness of the transition assistance program in order to aid the Council in required activities. Authorizes the Office, in cooperation with other Federal agencies, to enter into agreements for the provision to eligible DOD employees of such transition assistance in skills identified to be in short supply in the area in which the retraining program operates. Authorizes the Office to award one- and two-year scholarships to educational institutions, giving a priority in such scholarships to eligible employees who seek vocational training and for scholarships in certain critical occupations as determined by the Office. Limits the Federal contribution to a training program to 50 percent of its costs. Authorizes appropriations for FY 1993 through 1995. Requires a qualified defense contractor to make a good faith effort to identify as early as possible employees who meet the eligibility requirements of the program, to advise them on options, and to allow them to participate in retraining and other transition assistance programs. Allows certain employees previously terminated under similar conditions within one year before the enactment of this Act to be eligible for such program. Title IV: Commercialization Opportunities - Directs the Secretary of Commerce (Secretary, for purposes of this title) to establish a program to assist U.S. businesses in creating and applying the generic technology and research results necessary to commercialize significant new discoveries and technologies. Requires the program selection board to be modeled after the Advanced Technology Program of the National Institute of Standards and Technology. Directs the Secretary to inform the Council of the status of funded projects and on new selections for the Council's approval as required under title I. Authorizes the Secretary to enter into contracts and cooperative agreements with U.S. businesses for commercialization projects to demonstrate the feasibility of a particular technology or process up to the prototype stage, limiting the Federal funds to 33 percent of the project's costs, and limiting a single project to $1,000,000. Authorizes appropriations to the Secretary for FY 993 through 1996. Authorizes the Secretary to make loans to U.S. businesses of up to $3,000,000 for any one commercialization project. Prohibits more than three loans from being made to any single company or joint venture. Provides loan conditions and criteria. Authorizes appropriations for FY 1993. Directs the Secretary of Defense to: (1) encourage the creation of industrial parks or technology incubator centers to transfer and spin off technology from qualified defense contractors to small businesses; (2) use royalties earned from the licensing of certain patents to assist local technology transfer activities; and (3) create and administer an awards program (modeled after an awards program under the Stevenson-Wydler Technology Innovation Act of 1980) to foster and encourage innovation and redirection efforts by qualified defense contractors in the area of commercialization. Title V: Fast Response State Technological Competitiveness Grants - States as the purpose of this title to provide Federal assistance directly to States for defense reinvestment programs. Directs the Secretary to allocate amounts authorized for appropriation under this title under a specified funding formula as technological competitiveness grants to States whose defense reinvestment programs meet certain requirements. Directs the Council to develop and disseminate guidelines on State eligibility for such grants. Requires a State, prior to receiving such a grant, to provide the Council information about its defense reinvestment program. Directs each State to report annually to the Council on progress under its reinvestment program, as well as any other data analysis required by the Council for its duties. Directs the Secretary to withhold grant funds from a State if the Council concludes that such State's reinvestment program or its progress is unsatisfactory relative to the published guidelines. Allows a 90-day appeal period during which the State shall be permitted to submit a revised program for Council review. Authorizes appropriations for FY 1993 through 1995 for such grants.

Rural Community Environmental Assistance Act of 1992

United States · United States Congress · 3 June 1992

Rural Community Environmental Assistance Act of 1992 - Amends the Federal Water Pollution Control Act to extend the authorization of appropriations for State water pollution control revolving funds through FY 2000. Requires each State to establish a rural community environmental assistance account in such fund and to deposit at least 25 percent of the amount of the grant received for the establishment of the fund into such account. Permits monies in such accounts to be used only for the construction of wastewater treatment works and public water systems in economically distressed rural communities, subject to certain loan and grant conditions. Requires States to determine the amount of interest to be charged on loans and to establish grant eligibility criteria. Permits assistance to be provided only if: (1) the wastewater treatment works is consistent with planning requirements under the Federal Water Pollution Control Act; and (2) the public water system is approved by the State agency with primary enforcement authority under the Safe Drinking Water Act. Requires States, in providing such assistance, to give priority to an economically distressed rural community in which: (1) there is a need for collector sewers and interceptors to improve access to wastewater treatment facilities; (2) residents rely on inadequate wastewater treatment facilities or drinking water systems that are determined by public health officials to be a hazard; or (3) residents rely on public water systems which do not meet requirements of the Safe Drinking Water Act. Authorizes States to provide such assistance for eligible innovative projects only after conducting a cost-benefit analysis. Requires States to submit plans for the intended uses of amounts in rural community environmental assistance accounts to the Administrator of the Environmental Protection Agency. Requires the Administrator to approve or disapprove such plans. Reserves one percent of funds in such accounts per fiscal year for planning activities. Permits the submission of a plan only if it has been approved by a State Rural Environmental Infrastructure Advisory Panel. Requires such panels to assist in plan preparation, review, and approval. Sets forth accounting and auditing requirements. Withholds payments from States that fail to comply with requirements for rural community environmental assistance accounts. Directs the Administrator to: (1) make grants to regional, State, and local agencies and not-for-profit organizations to assist economically distressed rural communities by providing technical assistance for the financing, operation, and maintenance of wastewater treatment works and public water systems; and (2) set aside a specified percentage of appropriations for such grants.

Community Bank Regulatory Relief Act of 1992

United States · United States Congress · 2 June 1992

Community Bank Regulatory Relief Act of 1992 - Title I: Regulatory Burden Relief - Amends the Community Reinvestment Act of 1977 to exempt from its requirements certain small-sized banks located in small towns. Amends the Federal Deposit Insurance Corporation Improvement Act of 1991 to exempt certain small-sized banks from its data gathering requirements with respect to their small business and small farm lending practices. Directs the Board of Governors of the Federal Reserve System (the Board) to complete a study of the costs and benefits of compliance with such data-gathering requirements. Prohibits a bank regulatory agency from prescribing standards or regulations that set a specific level or range of compensation for bank personnel. Amends the Truth in Lending Act to: (1) exempt from its requirements credit transactions involving consumers with certain high incomes or net worth (sophisticated consumers); (2) preclude rescission in a transaction containing an unintentional error that does not substantively affect the terms of the extension of credit; and (3) deny standing to sue creditors to anyone but an individual aggrieved by a violation of the Act (thus eliminating class actions). Amends the Federal Reserve Act to: (1) exempt from its interbank liability scheme exposures between certain adequately capitalized small-sized depository institutions; and (2) exempt from its aggregate limits on credit extensions certain transactions by a member bank with senior executive personnel or principal shareholders (insider lending). Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to authorize Federal financial institutions regulatory agencies and the Resolution Trust Corporation to establish a threshold level below which a certified or licensed appraiser is not required to perform appraisals in connection with federally related transactions. Amends the Federal Deposit Insurance Act to repeal: (1) the independent public accountant attestation requirement; and (2) the asset quality, earnings, and valuation requirements. Declares that during a 15-month moratorium no regulations issued under the Truth in Savings Act shall apply to certain small-sized depository institutions. Requires the Board to conduct a full cost benefit analysis of the compliance of such institutions with the Act. Requires a detailed corroboration to accompany any Federal banking regulatory agency certification that a proposed or final rule will not have a significant economic impact on a substantial number of all small depository institutions. Amends the Federal Deposit Insurance Act to require Federal banking regulatory agencies to: (1) undertake a coordinated review of regulations promulgated by them; and (2) ensure that their regulations are uniform with those of their Federal counterparts. Title II: Secured Creditor Protection - Asset Conservation and Deposit Insurance Protection Act of 1992 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to set forth conditions under which the liability of an insured depository institution or mortgage lender for the actual or threatened release of petroleum or hazardous substances in connection with certain property is limited to the actual benefit conferred upon them by the remedial action undertaken by another party. Shields an insured depository institution or mortgage lender from liability for such hazards if their relationship to the affected property stems solely from foreclosure, fiduciary capacity, or certain credit transactions. Requires the Federal Deposit Insurance Corporation to promulgate regulations to require insured depository institutions and mortgage lenders to develop and implement procedures to evaluate environmental risks that may arise from property before making an extension of credit involving a security interest in the property. Amends the Federal Deposit Insurance Act to shield Federal banking and lending agencies from liability under any law imposing strict liability for the actual or threatened release of petroleum or a hazardous substance from property acquired in connection with the exercise of receivership or conservatorship authority, the provision of financial assistance, or receipt of property in a civil or criminal proceeding. Extends such liability limitation to certain subsequent first purchasers of such property. Exempts: (1) such property from any liens for damages associated with actual or threatened petroleum or hazardous substance release; and (2) Federal banking or lending agencies from covenants to remediate.

Environmental Crimes Act of 1992

United States · United States Congress · 2 June 1992

Environmental Crimes Act of 1992 - Amends the Federal criminal code to set penalties for the commission of an environmental offense in which another person is knowingly placed in imminent danger of death or serious bodily injury. Establishes a maximum fine for a first offense by an organization and a maximum punishment for second and subsequent offenses. Sets forth criteria for determining whether a defendant who is an individual knew that his conduct placed another person in such imminent danger. Makes it an affirmative defense that the conduct charged was consented to by the person endangered and that the danger and conduct charged were reasonably foreseeable hazards of an occupation, business, or profession, or medical treatment or medical or scientific experimentation, subject to specified limitations. Directs the court to order, as an additional penalty for such offense, that no Federal agency may enter into any contract with, or make any loan or grant to, a person who has been convicted of that offense, for the procurement of goods or services if such contract is to be performed at, or such grant or loan pertains to, any facility at which the violation giving rise to such conviction occurred and such facilty is owned, leased, or supervised by such person. Specifies that the prohibition of such order shall continue until the Administrator of the Environmental Protection Agency certifies that the condition giving rise to such conviction has been corrected. Requires the Administrator to establish procedures to provide all Federal agencies with the notification necessary to carry out such provision. Authorizes the President to exempt any contract, loan, or grant from the application of all or any part of such provision if necessary in the paramount interest of the United States, subject to a congressional notification requirement. Authorizes the Administrator to enter into cooperative agreements with States or Indian tribes to delegate authority under this Act. Authorizes the Attorney General to: (1) pay a reward of up to $10,000 to any person who furnishes information or services that lead to a conviction for specified environmental crimes; and (2) prescribe additional criteria for eligibility for such awards. Makes an officer or employee of the United States or of a State or local government who furnishes information or renders services in the performance of official duty ineligible for such payment. Directs the court to sentence an organization that is convicted of specified environmental crimes to probation. Makes it a condition of such probation that the organization shall pay for an environmental compliance audit. Authorizes the court, upon motion by the attorney for the Government, to waive such requirement if the organization can prove that, before the offense took place, the organization had implemented an effective program to prevent and detect violations of environmental law which satisfy specified requirements and the offense occurred despite such program. Establishes a presumption in favor of requiring such audit. Directs the court to appoint an independent expert who has no prior involvement in the management of the organization and has demonstrated abilities to conduct such an audit. Sets forth provisions regarding: (1) suggested experts (by the parties); (2) the scope of the audit; (3) reporting requirements; (4) review of the audit report; (5) court-ordered implementation; (6) review and enforcement of compliance; (7) length of term of probation; and (8) criminal liabilty for violation of environmental law (only for failure to cooperate fully with the audit or to implement the order of the court).

10 Mr. Kemmy asked the Minister for Agriculture and Food if he has had discussions with the Minister for the Environment regarding the minimum requirements for animal by-product processing to eliminate air pollution in areas throughout the country; and if he will make a statement on the matter.

Ireland · Dáil Éireann · 28 May 1992

10 Mr. Kemmy asked the Minister for Agriculture and Food if he has had discussions with the Minister for the Environment regarding the minimum requirements for animal by-product processing to eliminate air pollution in areas throughout the country; and if he will make a statement on the matter.

Environmental Infrastructure Assistance Act

United States · United States Congress · 28 May 1992

Environmental Infrastructure Assistance Act - Directs the Secretary of the Army to establish an Office of Community Environmental Infrastructure Assistance within the Directorate of Civil Works of the Office of the Chief of Engineers. Requires the Office to: (1) manage projects pursuant to this Act; and (2) provide information and guidance to communities in economically distressed areas with respect to eligible projects, economic and organizational issues, and construction, operation, and rehabilitation of environmental infrastructure facilities. Directs the Secretary to: (1) establish an environmental infrastructure assistance program to be administered through the Office; and (2) use funds under this Act for the construction of wastewater treatment works, public water systems, and solid waste management facilities. Provides that funds shall be available only for publicly-owned environmental infrastructure projects serving fewer than 25,000 persons that are located in economically distressed areas. Authorizes State Governors to submit State priority project plans to the Secretary. Requires the Administrator of the Environmental Protection Agency to submit priority project plans for eligible projects on Indian reservations. Directs the Secretary to: (1) submit annual economically distressed areas environmental infrastructure assistance plans to the Congress; (2) enter into local cooperation agreements to provide for the planning, design, and construction of environmental infrastructure projects; and (3) assure that such agreements are executed for a project from each State submitting a priority project plan. Requires the Administrator to publish guidelines for the design of wastewater treatment, public water supply, and solid waste disposal facilities pursuant to this Act. Provides for the review and revision of such guidelines at least every five years. Authorizes appropriations. Reserves at least 15 and five percent of such funds, respectively, for colonias and Indian reservations.

Used Oil Recycling Act of 1992

United States · United States Congress · 28 May 1992

Used Oil Recycling Act of 1992 - Amends the Solid Waste Disposal Act to prohibit the listing or identification of used oil destined for recycling, used oil to be burned for energy recovery, recycled oil, or affiliated material as hazardous wastes. Requires the Administrator of the Environmental Protection Agency to: (1) promulgate regulations for the management of used oil and to encourage recycling of such oil; and (2) take into account the effect of such regulatons on small businesses. Exempts from such regulations used oil generated, collected, or stored by an individual who removes oil from the engine of a motor vehicle, aircraft, household appliance, or item of domestic equipment if owned by such individual and used only for personal purposes. Sets forth regulation requirements for used oil generators, including to: (1) prohibit the storage of used oil in an underground tank unless it meets specified requirements of the Solid Waste Disposal Act; (2) prohibit the storage of used oil for more than 12 months; (3) make used oil in above ground tanks subject to the Spill Prevention and Countermeasure Control Plan requirements of the Federal Water Pollution Control Act; and (4) require owners or operators of such tanks or other used oil containers to notify the Administrator of releases of used oil in excess of 25 gallons and to clean up such releases and comply with closure or disposal requirements. Authorizes the transfer of used oil by generators only to: (1) a permitted used oil recycling facility or a burner of used oil for energy recovery that complies with specifed regulations; (2) a permitted hazardous waste management facility; or (3) a used oil transporter obligated by contract to deliver used oil to another such transporter or to one of the aforementioned facilities. Sets forth recordkeeping requirements for generators, transporters, and recyclers and requires records to be maintained for at least three years. Applies used oil storage and transfer requirements for generators to transporters, except permits transporters to store such oil for only 60 days before transferring it to another transporter or authorized facility. Requires transporters to: (1) comply with all requirements of the Secretary of Transportation for the shipping of used oil; (2) comply with financial responsibility requirements of the Hazardous Materials Transportation Act; and (3) have identification numbers provided by the Administrator. Sets forth regulation requirements for recyclers of used oil. Exempts from regulations used oil generated by: (1) petroleum refining or exploration, production or transportation facilities, or bulk terminals which is to be refined or processed along with normal process streams at a refining facility; and (2) a manufacturer or processor or by an electric or gas utility that is processed, reclaimed, or refined by such generator or its parent, subsidiary, or corporate affiliate, provided that the oil is reused by such entities and such activities meet certain storage, shipping, financial responsibility, contingency, and release detection requirements under this Act. Applies storage requirements similar to those for generators and transporters to recyclers, as well as requiring: (1) aboveground storage tanks and containers of used oil recyclers to comply with hazardous waste storage standards; (2) recyclers to maintain contingency plans to minimize unanticipated damage from used oil; (3) recyclers to comply with requirements for maintenance and operation of used oil recycling facilities and training of personnel; (4) detection of releases of used oil at recycling facilities and cleanup; (5) testing by recyclers, prior to processing, of all used oil received for levels of arsenic, cadmium, chromium, lead, halogens, polychlorinated biphenyls (PCBs), and other materials, as appropriate, and for the testing of fuel for such materials before it leaves the facility; (6) the separate storage of used oil contaminated with any hazardous waste for a specified time period; (7) financial responsibility equivalent to that required for hazardous waste facilities; and (8) class permits for recycling facilities. Requires the Administrator to conduct annual inspections of used oil recycling facilities to determine compliance with permit requirements. Makes a facility ineligible to apply for a permit if: (1) the facility has utilized any pit, pond, lagoon, or other surface impoundment for containing used oil; and (2) there has been a release from such impoundments which requires corrective action or is otherwise subject to post closure care requirements. Permits States to be authorized by the Administrator to carry out permit programs. Prohibits: (1) the placement of used oil in such impoundments or in any uncovered tank; (2) the mixing of used oil with a hazardous waste unless the mixture is managed as a hazardous waste; and (3) the use of used oil as a dust suppressant. Requires the Administrator to promulgate regulations for the closure of such impoundments and tanks containing used oil, to include requirements for: (1) corrective action or postclosure care; (2) allowable fuel specification levels for lead and halogens for the burning of used oil for energy recovery; and (3) lead levels for the burning of industrial specification used oil. Requires oil fuels failing to meet lead limitations to be burned in specified facilities. Directs the Administrator to implement education activities to inform the public about the hazards associated with the improper handling and disposal of used oil and the benefits derived from legitimate used oil recycling. Authorizes appropriations. Requires the Administrator to publish guidelines to assist State and local governments and other public service organizations in the development of used oil collection programs. Makes used oil generators who comply with this Act eligible for an exclusion from cost recovery authorities of the Comprehensive Environmental Response, Compensation and Liability Act. Directs the Administrator to propose regulations establishing guidelines for the procurement of used oil by Federal agencies and other governmental entities.

To provide grants to the Bureau of Justice Assistance to expand the capacity of correctional facilities in the States, increase programs for major offenders and parolees, and for other purposes.

United States · United States Congress · 27 May 1992

Title I: Targeting Habitual Repeat and Violent Criminal Offenders - Subtitle A: Expanding the Capacity of State Correctional Facilities - Authorizes the Director of the Bureau of Justice Assistance (the Director) to make grants to States to construct additional correctional facilities for the purpose of increasing prison capacity to make habitual and violent criminal offenders serve the full term of their sentences. Specifies that such construction should aim to provide sufficient capacity to incarcerate such offenders who exhibit a high risk for continued or violent criminal activity for such terms, including individuals: (1) with three or more arrests by age 18; (2) with a history of violent criminal offenses; and (3) exhibiting a pattern of crimes of premeditation and deliberation for whom a prison stay may have a significant deterrent value. Sets forth application requirements. Directs that each State application include a comprehensive plan containing: (1) a description of the correctional facility needs in the State, including relevant supporting data; (2) a description of the resources available to build additional correctional facility capacity, together with an account of the expenses involved that cannot be met with existing resources at the State and local levels; (3) an explanation of how the State will be able to sustain the increased operation and maintenance costs of expanded correctional facility capacity without Federal assistance in the long term; and (4) an evaluation component, including quantifiable data, that measures progress toward meeting the prison capacity goals under this subtitle. Sets forth provisions regarding: (1) fund allocation; (2) grant renewal and limitations; and (3) grant approval and disapproval procedures. Authorizes appropriations. Subtitle B: Major Offenders Programs - Authorizes the Director to make grants to States, for use by the States and units of local government, for purposes of developing and increasing the capacity and the effectiveness of major offenders programs that prioritize the arrest and prosecution of habitual and violent criminal offenders. Specifies that such programs shall include: (1) establishment or expansion of specialized major offender units in law enforcement and criminal prosecutor offices to identify, monitor, arrest, and prosecute major offenders; (2) establishment or expansion of a State crime information center computer database to include the complete arrest histories of major offenders and other relevant information for use by law enforcement officers and criminal prosecutors; and (3) create programs and pilot programs that foster cooperation between law enforcement and criminal prosecution offices in arresting and prosecuting major offenders. Sets forth application requirements. Directs that each State application include a comprehensive plan containing: (1) a description, with supporting data, of the crime problems attributable to major offenders that improved law enforcement and prosecution programs may be able to decrease; (2) a description of the resources available to implement or expand major offenders programs; and (3) an evaluation component. Sets forth provisions regarding: (1) local applications; (2) fund allocation; (3) grant renewal and limitations; and (4) grant approval and disapproval procedures. Authorizes appropriations. Title II: Reducing Criminal Recidivism - Subtitle A: Alternative Sentencing Program Grants: Targeting Nonviolent and Nonrepeat Criminal Offenders - Authorizes the Director to make grants to States, for use by States and units of local government, to develop and increase the capacity and the effectiveness of alternative programs that target the reform of nonviolent and nonrepeat criminal offenders. Directs that alternative methods ensure the certainty of punishment for such offenders who, in the assessment of the State and local courts, can be punished more effectively in an environment other than a traditional correctional facility, including: (1) correctional options, such as community-based incarceration, weekend incarceration, and electronic monitoring of offenders; (2) community service programs that provide work service placement for young offenders; and (3) innovative methods and pilot projects that address the problems of young offenders convicted of serious substance abuse and gang-related offenses, including technical assistance and training to counsel and treat such offenders. Sets forth application requirements. Directs each State application to include a comprehensive plan containing: (1) a description of the alternative programs needed to combat recividism and reduce prison overcrowing, as well as an assessment of the expected decrease in area crime problems due to the availability of alternative sentences, including relevant supporting data; (2) a description of the resources available to implement such programs; and (3) an evaluation component. Sets forth provisions regarding: (1) fund allocation; (2) grant renewal and limitations; and (3) grant approval and disapproval procedures. Authorizes appropriations. Subtitle B: Parole System Fortification - Authorizes the Director to make grants to States, for use by States and units of local government, to increase the capacity and effectiveness of parolee monitoring and drug testing. Specifies that grant applications should ensure the improved effectiveness of supervisory release programs in reducing recidivism, including programs that: (1) increase the number of parole officers, reducing the ratio of officers to parolees; (2) establishing or expanding a parolee release and information computer network; (3) establishing or expanding drug treatment, rehabilitation, and testing programs for parolees with a history of drug abuse and serious criminal activity; and (4) innovative methods or pilot projects that use parole officers as agents in the prevention of parolee recidivism and that increase cooperation between police and parole officers. Sets forth application requirements. Directs each State application to include a comprehensive plan containing: (1) a description of the parole system needs, and local crime problems attributable to the release of parolees, including relevant supporting data; (2) a description of the resources available to address parolee needs; and (3) an evaluation component. Sets forth provisions regarding: (1) local applications; (2) fund allocation; (3) grant renewal and limitations; and (4) grant approval and disapproval procedures. Authorizes appropriations. Title III: Ending the Double Victimization of Society - Subtitle A: Denial of Federal Benefits - Makes any individual who is convicted of three Federal or State felony offenses ineligible for any Federal benefits. Requires: (1) State and Federal courts to send information, as determined necessary by the Director of the Office of Justice Assistance, regarding the conviction of third-time felons to such Office in a timely manner; (2) such Office to maintain a computer listing of individuals convicted of a third Federal or State felony offense and update such list in a timely manner; (3) such Office to transfer the names of such individuals to the General Services Administration for inclusion in the publication "Lists of Parties Excluded from Federal Procurement or Nonprocurement Programs"; and (4) representatives of a Government agency that is responsible for the distribution of a Federal benefit to consult such publication before granting such benefit. Authorizes appropriations. Subtitle B: Prison Work Programs - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require a State, in order to avoid a reduction of available funds by 25 percent (for redistribution to other participating States), to implement or continue a prison workfare program that requires an inmate who is physically able (as determined by the State Director of Corrections) to work a portion of each day. Title IV: Community Policing Programs - Subtitle A: Community Policing - Authorizes the Director to make grants to States, for use by States and community groups, to develop or expand community policing and crime prevention programs. Sets forth provisions regarding: (1) State and local application requirements; and (2) grant renewal and limitations. Permits community group grant recipients to use such funds for the recruitment of new members, administrative expenses, equipment acquisitions, and community education programs. Authorizes appropriations. Subtitle B: Trust Fund for Community Policing - Amends the Internal Revenue Code to impose a tax, equal to 100 percent of the price for which sold, on taxable smoking paraphernalia manufactured in or imported into the United States. Increases the tax on cigarette papers. Establishes in the U.S. Treasury the Drug Prevention Trust Fund. Transfers to such Fund amounts equivalent to the net revenues received in the Treasury from such taxes. Specifies that amounts in the Fund shall be available, as provided in appropriation Acts, only for purposes of making expenditures to carry out the community policing program coordinated by the Director.

Concerning the establishment of a bilateral commission of the environment between the United States and Mexico.

United States · United States Congress · 27 May 1992

Expresses the sense of the Congress that the President should: (1) reach agreement with Mexico on the creation of a bilateral commission to raise and distribute money for development of environmental protection infrastructure and cleanup projects along the U.S.-Mexican border, not later than the date of enactment of legislation implementing the North American Free Trade Agreement (NAFTA); and (2) enter into an agreement with Mexico, as part of NAFTA, in which each country would make a commitment to enforce environmental laws and to submit annual public reports on their enforcement practices and records.

Aboveground Storage Tank Act of 1992

United States · United States Congress · 26 May 1992

Aboveground Storage Tank Act of 1992 - 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 leak detection systems, reporting requirements, requirements for release prevention, closure and upgrade requirements, 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.

La biodiversité et la préservation du patrimoine génétique - Conclusions du rapporteur

France · Senate · 25 May 1992

La biodiversité et la préservation du patrimoine génétique - Conclusions du rapporteur

Zahl der an der Konferenz für Umwelt und Entwicklung in Rio de Janeiro teilnehmenden Beamten und Angestellten (G-SIG: 12042691)

Germany · German Bundestag · 22 May 1992

9 Mrs. Barnes asked the Minister for the Marine if measures will be taken by the EC to establish a European environment commission which will promote conservation and provide measures at regional and international level to deal with member states which pollute the marine and fishing waters.

Ireland · Dáil Éireann · 21 May 1992

9 Mrs. Barnes asked the Minister for the Marine if measures will be taken by the EC to establish a European environment commission which will promote conservation and provide measures at regional and international level to deal with member states which pollute the marine and fishing waters.

National Marine Sanctuaries Program Amendments Act of 1992

United States · United States Congress · 21 May 1992

National Marine Sanctuaries Program Amendments Act of 1992 - Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to include the cost of long-term monitoring in the definition of "damages." Requires, in order to designate an area as a sanctuary, a determination that existing State and Federal authorities should be supplemented (currently, that such authorities are inadequate) to ensure coordinated and comprehensive conservation and management. Requires, when determining whether to designate an area, consideration of: (1) governmental as well as commercial or recreational resource uses; and (2) past, present, or proposed future disposal of materials in the area, including hazardous substances, hazardous wastes, or radioactive wastes. Modifies procedures for: (1) proposing designation of an area as a sanctuary; and (2) the taking effect of a designation. Makes Federal agency actions internal or external to a national marine sanctuary that are likely to injure any sanctuary resource or quality subject to review by and consultation with the Secretary. Mandates review of sanctuary management plans at least every five years. Requires title III (Marine Sanctuaries) of the Act and regulations under certain provisions of that title (currently, requires those regulations) to be applied in accordance with international law, treaties, and conventions to which the United States is a party. Includes the U.S. territorial sea and the U.S. Exclusive Economic Zone in the application of the Act and its regulations and permits. Mandates cooperation with other governments and international organizations in furtherance of the title. Replaces provisions mandating research and education programs with provisions making it unlawful to violate the Act or to refuse or interfere with searches or inspections. Increases the dollar limit on fines for violations. Declares that: (1) a civil penalty constitutes a maritime lien on the vessel used in the violation of the title and allows in rem recovery; and (2) the proceeds from forfeiture of a vessel or its equipment, stores, or cargo constitute a separate recovery in addition to any civil penalty. Allows penalties and forfeitures to be used for enforcement costs and the costs of any liens or mortgages against forfeited property. Replaces provisions mandating the promotion and coordination of research with provisions directing the Secretary of Commerce to: (1) conduct research, monitoring, evaluation, and education to carry out the title; and (2) promote and coordinate research, monitoring, and education. Replaces provisions mandating cooperative agreements with provisions authorizing cooperative agreements, grants, contracts, or other agreements to carry out the title. Authorizes solicitation and acceptance of donations to carry out the title. Declares that nothing in a specified Federal law relating to the liability of a vessel owner shall limit liability under this Act. Allows the defense (to liability for harm to a sanctuary resource) that the activity was specifically authorized by Federal or State law only if the activity was conducted in compliance with the terms of any required permit or license. Removes provisions allowing the defense to such liability that the harm was negligible. Requires recovery, with interest, of administrative costs and expenses in connection with damage assessment and restoration planning, any restoration, replacement, or acquisition, and actions to recover damages. Removes provisions regulating the use of civil penalties. Requires amounts recovered with respect to sanctuary resources under State jurisdiction to be used in accordance with the court decree or settlement agreement as well as with an agreement entered into by the Secretary and the Governor of that State, provided the agreement involving the Governor is entered into by a certain period after recovery of the amounts. Authorizes appropriations to carry out the title. Authorizes establishment of advisory councils with regard to the designation or management of one or more national marine sanctuaries.

Rural Communities Hazardous Waste Information Act of 1992

United States · United States Congress · 21 May 1992

Rural Communities Hazardous Waste Information Act of 1992 - Amends the Solid Waste Disposal Act to prohibit the issuance of permits for off site hazardous waste treatment, storage, or disposal facilities to be located in a rural community unless a rural community impact statement has been prepared. Makes such statements available for public review. Sets forth requirements concerning the selection of independent contractors to prepare such statements. Provides for the imposition of fees on permit applicants. Requires such fees to be in an amount necessary to cover the cost of preparing impact statements. Requires impact statements to describe: (1) the economic and social impacts of the proposed facility on each rural community which is within a 20-mile radius of the facility site, including effects on employment, recreational amenities, tourism, public safety and emergency preparedness, and transportation systems; and (2) the costs of mitigating such impacts.

Hawaiian Islands National Marine Sanctuary Act

United States · United States Congress · 21 May 1992

Hawaiian Islands National Marine Sanctuary Act - Designates an area off the coast of the Hawaiian Islands as the Hawaiian Islands Humpback Whale National Marine Sanctuary. Provides for the development of a comprehensive management plan. Authorizes appropriations.

National Marine Sanctuaries Program Amendments of 1992

United States · United States Congress · 21 May 1992

National Marine Sanctuaries Program Amendments of 1992 - Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to include the cost of long-term monitoring in the definition of "damages." Requires, in order to designate an area as a sanctuary, a determination that existing State and Federal authorities should be supplemented (currently, that such authorities are inadequate) to ensure coordinated and comprehensive conservation and management. Modifies procedures for: (1) proposing designation of an area as a sanctuary; and (2) the taking effect of a designation. Requires title III (Marine Sanctuaries) of the Act and regulations under certain provisions of that title (currently, requires those regulations) to be applied in accordance with international law, treaties, and conventions to which the United States is a party. Includes the U.S. territorial sea and the U.S. Exclusive Economic Zone in the application of the Act and its regulations and permits. Replaces provisions mandating research and education programs with provisions making it unlawful to violate the Act or to refuse or interfere with searches or inspections. Increases the dollar limit on fines for violations. Declares that: (1) a civil penalty constitutes a maritime lien on the vessel used in the violation of the title and allows in rem recovery; and (2) the proceeds from forfeiture of a vessel or its equipment, stores, or cargo constitute a separate recovery in addition to any civil penalty. Allows penalties and forfeitures to be used for enforcement costs and the costs of any liens or mortgages against forfeited property. Replaces provisions mandating the promotion and coordination of research with provisions directing the Secretary of Commerce to: (1) conduct research, monitoring, evaluation, and education to carry out the title; and (2) promote and coordinate research, monitoring, and education. Replaces provisions mandating cooperative agreements with provisions authorizing cooperative agreements, grants, contracts, or other agreements to carry out the title. Authorizes solicitation and acceptance of donations to carry out the title. Declares that nothing in a specified Federal law relating to the liability of a vessel owner shall limit liability under this Act. Allows the defense (to liability for harm to a sanctuary resource) that the activity was specifically authorized by Federal or State law only if the activity was conducted in compliance with the terms of any required permit or license. Requires recovery, with interest, of administrative costs and expenses in connection with damage assessment and restoration planning, any restoration, replacement, or acquisition, and actions to recover damages. Requires amounts recovered with respect to sanctuary resources under State jurisdiction to be used in accordance with the court decree or settlement agreement as well as with an agreement entered into by the Secretary and the Governor of that State, provided the agreement involving the Governor is entered into by a certain period after recovery of the amounts. Requires any amounts remaining after disposition under certain provisions to be deposited in the General Fund of the Treasury. Authorizes appropriations to carry out the title. Authorizes establishment of advisory councils with regard to the designation or management of one or more national marine sanctuaries. Requires protection and management of any historical resource located in a sanctuary consistent with the title. Makes any shipwreck abandoned or otherwise in a national marine sanctuary subject to the Secretary's authority to protect and manage the sanctuary and its resources.

Fundamental Competitiveness Act of 1992

United States · United States Congress · 21 May 1992

Fundamental Competitiveness Act of 1992 - Title I: Public Debt Reduction - Allows individual taxpayers to designate a portion of tax liability (not to exceed ten percent) on their tax returns to reduce the public debt. Establishes the Public Debt Reduction Trust Fund consisting of amounts so designated. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide for a sequestration of revenues equivalent to the estimated aggregate amount so designated. Specifies accounts exempted from such sequestration and establishes reporting requirements with respect to budget procedures. Title II: Capital Formation - Establishes a method of computing the credit for increasing research activities based on aggregate research expenses, as an alternative to the method based on qualified research expenses. Establishes a variable capital gains deduction whose formulas on a sliding scale range from ten percent for assets held for one year up to 100 percent for assets held for ten years. Allows a deduction of 50 percent of the capital gain from stock investments by non-corporate taxpayers in start-up companies where initial stock offerings are held for two years. Requires indexing, based on the gross national product deflator, of the adjusted basis of certain assets (corporate stock and tangle property that is a capital asset of property used in a trade or business) that have been held for more than one year at the time of sale or other disposition, solely for the purpose of determining gain or loss. Permits an income tax deduction in the amount of dividends paid by domestic corporations, except S corporations, regulated investment companies, real estate investment trusts, and personal holding companies. Repeals the income tax deductions currently permitted in connection with: (1) dividends received by a corporation; (2) dividends received by a corporation on the preferred stock of a public utility; and (3) dividends paid by a public utility on its preferred stock. Increases the deductible percentage of amounts received by a corporation from a qualified ten-percent owned foreign corporation. Allows a charitable deduction for corporate contributions of employee volunteer services to an educational organization. Establishes an investment tax credit for manufacturing and other productive equipment. Provides for determining the applicable percentage of such credit, which includes an efficiency improvement percentage. Increases the limitation based on the amount of tax for purposes of the general business credit. Provides for the treatment of losses on stock in manufacturing companies as ordinary (as opposed to capital) losses. Allows a partial exclusion of dividends or interest received by an individual. Provides for ordinary-loss treatment for losses on investments in a qualified startup company. Describes such company as one which: (1) manufacture tangible personal property in the United States; (2) does not involve a business acquired from another person; and (3) has not been in existence for more than one taxable year at the time it issued stock. Title III: Antitrust - Amends the Clayton Act to bar the acquisition by one corporation of stock of another, subject to specified conditions, where there is a significant probability that such acquisition will substantially increase the ability to exercise market power (currently, where the effect of such acquisition may be to substantially lessen competition or to tend to create a monopoly). Defines the ability to exercise market power for purposes of such provision as the ability of one or more firms profitably to maintain prices above competitive levels for a significant period of time. Directs the court, in determining whether there is a significant probability that any acquisition will substantially increase the ability to exercise market power, to consider all economic factors relevant to the effect of the acquisition in the affected markets, including: (1) the number and size distribution of firms and the effect of the acquisition thereon; (2) the ease or difficulty of entry by foreign or domestic firms; (3) the ability of smaller firms in the market to increase production in response to an attempt to exercise market power; (4) the nature of the product and terms of sale; (5) conduct of firms in the market; (6) efficiencies deriving from the acquisition; and (7) any other evidence indicating whether the acquisition will or will not substantially increase the ability, unilaterally or collectively, to exercise market power. Amends the National Cooperative Research Act of 1984 to include a joint production venture within the scope of such Act as an activity that shall not be deemed illegal per se under the antitrust laws. Changes the short title of such Act to the National Cooperative Research, Development, and Production Act. Title IV: Business Liability - Subtitle A: Findings - Makes findings with respect to the increasing amount of litigation in our society and the desirability of encouraging alternative dispute mechanisms and providing uniform legal standards in the areas of professional and product liability. Subtitle B: Professionals' Liability Reform - Professionals' Liability Reform Act of 1992 - Establishes certain limitations and procedures regarding professional liability actions. Preempts certain State laws. Provides that nothing in this Act shall prohibit any State from developing or implementing alternative procedures for: (1) expediting the adjudication of professional liability claims; (2) resolving professional liability disputes; or (3) compensating for harm caused by professional services. Requires professional liability actions to be brought within three years after the claimant discovered, or should have discovered, the harm. Requires the claimant, in any professional liability action, to establish: (1) that the professional negligently rendered professional services and that such negligence was the proximate cause of the harm; or (2) in a claim for economic injury, that the professional negligently rendered professional services to and for the direct and intended benefit of the claimant, and such services were the proximate cause of the harm. Requires the claimant to establish that, at the time such services were provided, knowledge of the circumstances that caused the harm and a practical means to eliminate such circumstances were reasonably available. States that a professional shall not be liable in a professional liability action in which: (1) the professional's services were rendered to an agency of the Federal or State government; (2) Federal or State contract specifications existed which were material to the claim; and (3) the services rendered conformed to such specifications. Permits future damage awards exceeding $100,000 to be made by periodic payments. Requires that damage awards be offset by any amount received as compensation for the same injury. Establishes a contingency fee schedule for plaintiffs' attorneys. States that the principles of comparative liability shall apply unless persons engaged in concerted action which proximately caused the harm. Permits the awarding of punitive damages only where the conduct of the defendant: (1) manifested a malicious and reckless disregard for safety; and (2) constituted an extreme departure from accepted standards of safety. States that punitive damages may not be awarded in the absence of a compensatory award, or for the negligent provision of professional services. Requires the trier of fact, at the request of the professional, to consider in a separate proceeding whether punitive damages are to be awarded. Limits the claimant's actual recovery of punitive damages to three times the amount of compensatory damages. States that excess punitive damages shall be paid to the State or Federal government. Makes any attorney who files a frivolous claim subject to pecuniary sanctions by the court. Requires each State to encourage professional organizations to form risk management programs. Subtitle C: Product Liability Fairness - Part I: General Provisions - Product Liability Fairness Act - Declares that this Act governs any product liability action brought against a manufacturer or product seller, on any theory, for harm caused by a product. States that a civil action brought against a manufacturer or product seller for loss or damage to a product itself or commercial loss shall be governed by applicable commercial or contract law. Supersedes any inconsistent State law regarding recovery in such actions. Lists specific laws not superseded, including: (1) defense of sovereign immunity asserted by any State or by the United States; (2) any Federal law (except the Federal Employees Compensation Act and the Longshore and Harbor Workers' Compensation Act); (3) the Foreign Sovereign Immunities Act of 1976; (4) State choice-of-law rules; (5) the right of any court to transfer venue or to apply the law of a foreign nation or to dismiss a claim of a foreign nation or citizen on the ground of inconvenient forum; and (6) any statutory or common law cause of action, including an action to abate a nuisance, that authorizes a State or person to institute an action for civil damages or civil penalties, clean up costs, injunctions, restitution, cost recovery, punitive damages, or any other form of relief from contamination or pollution of the environment or the threat of it. Declares that U.S. district courts shall not have jurisdiction over any civil action under this Act, based on specified provisions of Federal law relating to district court jurisdiction. Declares that, if any provision of this Act would shorten the period during which a manufacturer or seller would otherwise be exposed to liability, the claimant may, notwithstanding that period, bring any civil action under this Act within one year after the effective date of this Act. Part II: Out of Court Procedures - Allows any claimant to bring a civil action for damages against a person for harm caused by a product under applicable State law, except to the extent such law is superseded by this title. Sets forth expedited settlement measures, including: (1) an option to include an offer of settlement, for a specific dollar amount, by the plaintiff in the complaint and by the defendant in a responsive pleading; and (2) awarding attorney's fees and costs, in certain circumstances, to the prevailing party if the other party does not accept the settlement offer. Sets forth alternative dispute resolution procedures, including: (1) an option, in lieu of or in addition to a settlement offer, for a claimant or a defendant to offer to proceed under any voluntary alternative dispute resolution procedure established or recognized under the law of the State in which the action is brought or maintained; and (2) awarding of attorney's fees and costs to the offering party if the court determines that a refusal to so proceed was unreasonable or not in good faith. Creates a rebuttable presumption that a refusal to so proceed was unreasonable, or not in good faith, if a verdict is rendered in favor of the offeror. Part III: Court Procedures - Allows a person seeking to recover for harm caused by a product to bring a civil action against the manufacturer or seller under applicable State or Federal law, except to the extent such law is superseded by this Act. Establishes a standard of product seller liability for proximate causes of harm, established by a preponderance of the evidence, which fall under the categories of negligence or express warranty. Allows the trier of fact, in a negligence action, to consider the conduct of the seller with respect to: (1) the construction, inspection, or condition of the product; and (2) failure to pass on warnings or instructions from the manufacturer. Deems the seller not liable for failure to provide warnings or instructions unless the claimant establishes that the seller failed to: (1) provide warnings or instructions received while the product was in the seller's possession and control; or (2) make reasonable efforts to provide users with warnings and instructions which it received after the product left its possession and control. Deems a seller not liable except for breach of warranty where there was no opportunity to inspect the product in a manner which would or should, in the exercise of reasonable care, have revealed the aspect which allegedly caused the harm. Declares that the seller shall be treated as the manufacturer and be liable for harm caused by a product as if it were the manufacturer if: (1) the manufacturer is not subject to service of process in any State in which the action might have been brought; or (2) the court determines that the claimant would be unable to enforce a judgment against the manufacturer. Allows punitive damages, if otherwise permitted by applicable law, to be awarded in any civil action under this title to any claimant who establishes by clear and convincing evidence that the harm suffered was the result of conduct manifesting a manufacturer's or product seller's conscious, flagrant indifference to the safety of those persons who might be harmed by a product. Declares that a failure to exercise reasonable care in choosing among alternative product designs, formulations, instructions, or warnings is not of itself such conduct. Prohibits awarding punitive damages in the absence of a compensatory award, subject to exception. Prohibits punitive damages against a manufacturer or seller of a drug or medical device where: (1) the drug or device was subject to pre-market approval by the Food and Drug Administration (FDA); or (2) the drug is generally recognized as safe and effective under conditions established by the FDA. Prohibits punitive damages against a manufacturer of an aircraft where: (1) the aircraft was subject to pre-market certification by the Federal Aviation Administration (FAA); and (2) the manufacturer complied, after delivery, with FAA requirements and obligations with respect to continuing airworthiness. Provides for separate proceedings, if requested by the manufacturer or seller, with regard to punitive damages. Lists factors the trier of fact is allowed to consider in determining the amount of punitive damages. Bars any civil action under this title: (1) unless filed within two years after the claimant discovered or should have discovered the harm and its cause, subject to exception; and (2) if the product involved is a capital good that is alleged to have caused harm which is not a toxic harm unless filed within twenty-five years after delivery of the product, provided the claimant has received or would be eligible for State or Federal workers' compensation. Excludes a motor vehicle, vessel, aircraft, or railroad used primarily to transport passengers for hire from these time limitations. States that nothing in these provisions affects the right of any person who is subject to liability under this Act to obtain contribution or indemnity from any other person who is responsible for the harm. Requires reduction in the damages awarded by the sum of all State or Federal workers' compensation benefits to which the employee is or would be entitled. Requires a claimant in a civil action under this title who is or may be eligible to receive State or Federal workers' compensation to notify the claimant's employer of the civil action. Requires an action to be stayed, at the sole discretion of the claimant, until a final determination is made on the amount payable as workers' compensation benefits. Declares that, unless the manufacturer or seller has expressly agreed to indemnify or hold an employer harmless, neither the employer nor the workers' compensation insurance carrier shall have a right of subrogation, contribution, or implied indemnity against the manufacturer or seller or a lien against the claimant's recovery, except if the claimant's harm was not in any way caused by the fault of the claimant's employer or co-employees. Allows the employer or workers' compensation insurer to intervene in the action to prove that fact. Prohibits a third party tortfeasor, where workers' compensation is involved, from maintaining any action for implied indemnity or contribution against the employer, any coemployee, or the exclusive representative of the injured person. Prohibits, for a person who is or would have been entitled to receive workers' compensation, any other action, unless a State or Federal workers' compensation law permits recovery based on a claim of an intentional tort. Makes these provisions inapplicable and declares that applicable State law shall control if the employer or the workers' compensation insurer asserts a right of subrogation, contribution, or implied indemnity against the manufacturer or seller or a lien against the claimant's recovery. Declares that, in any product liability action, the liability of each defendant for noneconomic damages shall be several and not joint. Requires the trier of fact to determine the proportion of responsibility of each party for the claimant's harm. Establishes a complete defense, in any civil action under this Act in which all defendants are manufacturers or sellers, that the claimant was under the influence of alcohol or any drug and that, as a result, the claimant was more than 50 percent responsible for the event which resulted in the harm. Defines "drug" to mean any non-over-the-counter drug which has not been prescribed by a physician. Title V: Long-Term Investment - Long-Term Investment Promotion Act of 1992 - Amends the Securities Exchange Act of 1934 to eliminate the requirement that publicly-held corporations report their financial status on a quarterly basis. Title VI: Competitiveness Risk Assessment - Declares that no agency shall propose or promulgate a regulation without first analyzing its direct and indirect effects on the health and safety of consumers and workers, including effects due to wage and job losses, price increases, product restrictions, technological delays, and substitution effects. Title VII: Department of Manufacturing And Commerce - Department of Manufacturing and Commerce Act of 1992 - Renames the Department of Commerce as the Department of Manufacturing and Commerce. Requires the President to establish a Manufacturing Advisory Commission to examine Federal agencies, programs, and offices responsible for manufacturing-related research and development, technology transfer, education, and trade in order to prepare a report for the Congress on the feasibility of consolidating such agencies, programs, and offices into a single Office of Manufacturing within the Department of Manufacturing and Commerce. Title VIII: Amendments to the Stevenson-Wydler Technology Innovation Act of 1980 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to change from discretionary to mandatory a Federal agency's authority to permit the director of any of its laboratories to enter into cooperative research and development agreements on its behalf. Authorizes each Federal agency to copyright on behalf of the United States any computer software prepared in whole or in part by Government employees involved in cooperative research and development agreements. Includes software royalties in the current distribution format (agency, laboratory, author, and Treasury) under such Act.

Gulf of Mexico Preservation Act of 1992

United States · United States Congress · 21 May 1992

Gulf of Mexico Preservation Act of 1992 - Directs the Administrator of the Environmental Protection Agency (EPA) to establish a Gulf of Mexico Program to: (1) assess trends in environmental quality in the Gulf; (2) collaborate with specified entities to identify causes of environmental problems; and (3) provide for the development of a management, protection, and restoration plan. Establishes a Gulf of Mexico Program Office within EPA. Authorizes the Administrator to: (1) conduct a study of environmental problems in the Gulf that are not confined to the jurisdiction of any Federal, State, or foreign entity; and (2) enter into memoranda of understanding and cooperative agreements and participate in a joint commission with the Mexican Government and any other appropriate foreign country to address such problems. Directs the Administrator to report to the appropriate congressional committees on the status of activities in the Gulf. Requires the Administrator to prepare an assessment of Gulf environmental quality that shall: (1) describe the existing state of knowledge concerning the Gulf's environmental quality; (2) include an inventory of relevant environmental research and monitoring programs; (3) identify gaps in knowledge and research needed for the development of the management plan; and (4) assess the environmental impact of specified types of pollution, erosion, dissolved oxygen, bacterial infection in fish, and oil spill response activities. Directs the Administrator to design a strategy for monitoring the environmental quality of the Gulf. Authorizes the Administrator to carry out the assessment and strategy by making grants to specified public and private entities. Requires the Administrator to develop a management, protection, and restoration plan for the Gulf. Requires the Plan to: (1) establish priority schedules for addressing environmental problems in the Gulf; (2) outline specific activities to be conducted under the Program; (3) provide for cooperative activities by public and private entities under the Program; (4) set forth recommendations for actions by Federal, State, and local agencies to prevent, abate, or remediate pollution in the Gulf or to improve environmental quality; and (5) include a summary of the assessment and the monitoring strategy. Provides for periodic reviews of the Plan. Directs the Administrator to make grants to States for purposes of furthering the development and implementation of the Plan. Prohibits grants from being used to relieve any person of liability for environmental damages, response costs, or related relief under Federal or State law. Authorizes appropriations. Earmarks at least 70 percent of appropriations for the grant program. Requires the Administrator to request that funding of the Program Office be included as a separate line item in any annual budget proposal submitted by the President to the Congress.

Council Regulation (EEC) No 1973/92 of 21 May 1992 establishing a financial instrument for the environment (LIFE)

European Union · EUR-Lex · 21 May 1992

A joint resolution adopting certain principles on general rights and obligations with respect to the environment, to be known as the "Earth Charter", and urging the United Nations Conference on Environment and Development, meeting in June 1992, to adopt the same.

United States · United States Congress · 20 May 1992

Declares that the Congress adopts specified principles on rights and obligations with respect to the environment, to be known as the Earth Charter, and urges the nations participating in the United Nations Conference on Environment and Development in June 1992 to adopt the same rights and obligations as a separate Earth Charter. Includes within such principles: (1) the integration of environmental and development objectives with economic and trade policies; (2) the promotion of sustainable development; (3) respect for human rights; (4) the adoption of precautionary measures to prevent causes of environmental degradation; (5) a commitment to peace and security; (6) the elimination of unsustainable patterns of production and consumption; (7) the availability of information relevant to environment and development; (8) open and free market objectives; (9) the bearing of pollution costs by polluters; (10) the establishment of democratic institutions; (11) the elimination of poverty; and (12) assistance to developing countries.

Vorbereitung der VN-Konferenz "Umwelt und Entwicklung" vom 3. bis 14. Juni 1992 in Rio de Janeiro (G-SIG: 12000886)

Germany · German Bundestag · 20 May 1992

Ziele der UNCED vom 3. bis 13. Juni 1992 in Rio de Janeiro, weltumspannende Umwelt- und Entwicklungspartnerschaft, deutsche Erfolge in der Umweltpolitik, Reduzierung von Kohlendioxidemissionen, Verknüpfung von Umweltschutz und Schuldenfrage, Erhaltung tropischer Wälder, Wachstum der Weltbevölkerung, Agenda 21, Klimaschutzkonvention, Konvention zur Erhaltung der biologischen Vielfalt, Anstieg der Entwicklungshilfe trotz Belastungen aus der Wiedervereinigung, Bewahrung der Schöpfung, sieben Leitlinien

Incentive Grants for Local Delinquency Prevention Programs Act

United States · United States Congress · 18 May 1992

Juvenile Justice and Delinquency Prevention Amendments of 1992 - Title I: Amendments to the Juvenile Justice and Delinquency Prevention Act of 1974 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA) to include within the policy enunciated under such Act to: (1) encourage parental involvement in treatment and alternative disposition programs; and (2) provide for coordination of services between State, local, and community-based agencies, and promote interagency cooperation in providing such services. Revises the definition of "valid court order" to mean a court order given by a juvenile court judge to a juvenile: (1) who was brought before the court and made subject to such order (as under current law); (2) who received, before the issuance of such order, the full due process rights guaranteed to such juvenile by the Constitution; and (3) with respect to whom an appropriate public agency (other than a court or law enforcement agency), before the issuance of such order, reviewed the behavior of the juvenile and circumstances under which the juvenile was brought before the court and made subject to such order, determined the reasons for such behavior, determined that all dispositions (including treatment), other than placement in a secure detention or correctional facility had been exhausted or were clearly inappropriate, and submitted to the court a written report stating the results of the review and the determinations made. Specifies that there shall be a direct reporting relationship between the Administrator of the Office of Juvenile Justice and Delinquency Prevention and the Attorney General, that the Administrator shall be directly responsible to the Attorney General, and that the Attorney General may not delegate specified powers, duties, or functions. (Under current law, the Administrator reports to the Attorney General through the Assistant Attorney General who heads the Office of Justice Programs under the Omnibus Crime Control and Safe Streets Act of 1968.) Directs the Administrator to develop objectives, priorities, and a long-term plan, and implement overall policy and a strategy to carry out such plan (currently, to implement overall policy and develop objectives and priorities). Specifies that such plan shall: (1) contain specific goals and criteria for making grants and contracts, conducting research, and carrying out other activities under such Act; and (2) provide for coordinating the administration of programs and activities under such Act with the administration of all other Federal juvenile delinquency programs and activities. Requires the Administrator to review such plan annually, revise it as appropriate, and publish it in the Federal Register. Repeals certain provisions with respect to: (1) the transfer of funds to other agencies; and (2) grants and contracts to other agencies, institutions, and individuals. Revises provisions with respect to the composition, functions, and administration of the Coordinating Council on Juvenile Justice and Delinquency Prevention. Provides for the appointment of specified numbers of members appointed from among individuals who are practitioners in the field of juvenile justice who are not officers or employees of the United States, from members selected by the Congress, and from members appointed by the President. Directs the Council to examine how the separate programs can be coordinated among Federal, State, and local governments to better serve at-risk children and juveniles. Specifies that, in addition to performing their functions as members of the Council, members shall collectively: (1) make recommendations regarding the development of the objectives, priorities, and long-term plan, and the implementation of overall policy and strategy to carry out such plan; and (2) submit recommendations to the Administrator and the chairmen of specified congressional committees. Requires the Administrator's annual report to include a summary and analysis of: (1) the types of facilities used to hold juveniles treated as adults for purposes of prosecution; and (2) the educational status of juveniles. Makes a portion of any State allotment under such Act available to pay for one full-time staff position. Revises State plan requirements to provide for: (1) representation by recreation departments on the advisory group appointed by the chief executive of the State; (2) an assessment of educational needs as part of the analysis of juvenile justice and delinquency prevention needs; (3) coordination and maximum utilization of existing juvenile-related recreation programs within the State; (4) home-based alternative services; (5) community-based programs and services designed to work with juveniles during their incarceration, and with their families, to ensure the safe return of such juveniles to their homes and to strengthen the family unit; (6) enhanced coordination with the local schools such juveniles would otherwise attend to ensure that the instruction such juveniles receive outside, is closely aligned with the instruction provided in, such schools, and that information regarding any learning problems identified in such alternative learning situations are communicated to such schools; (7) juvenile initiated programs and outreach programs to assist juveniles with limited English-speaking ability; (8) special emphasis on involving parents with limited English-speaking ability; (9) programs relating to juveniles who have educational problems; (10) programs (including referral to literacy and social service programs) to assist families with limited English-speaking ability that include delinquent juveniles to overcome language and cultural barriers that may prevent the complete treatment of such juveniles and the preservation of the family unit; (11) programs designed to prevent and reduce hate crimes committed by juveniles; (12) a prohibition on detention or confinement in institutions in which juveniles alleged or found to be delinquent have contact (currently, regular contact) with adult convicts or with adults awaiting trial on criminal charges, or with the security staff or direct-care staff of a jail or lockup for adults; (13) elimination of an exception to the requirement that no juvenile be detained or confined in any jail or lockup for adults; (14) family counseling during the incarceration of juvenile family members and coordination of family services when appropriate and feasible; and (15) an assurance that any specified excess funds received by the State shall be expended through or for programs that are part of a comprehensive and coordinated community system of services. Directs that such State plans contain an analysis of services available, and a plan for providing needed services, with respect to: (1) gender-specific services for the prevention and treatment of juvenile delinquency; (2) services for the prevention and treatment of juvenile delinquency in rural areas; and (3) mental health services available to juveniles in the juvenile justice system (including an assessment of the appropriateness of the particular placements of juveniles in order to receive such services) and of barriers to access to such services. Revises provisions with respect to the approval of State plans and the lack of a State plan. Provides for a reduction or termination of funds for noncompliance, subject to specified limitations. Specifies that the National Institute for Juvenile Justice and Delinquency Prevention (the Institute) shall serve as a clearinghouse for information regarding juvenile delinquency, including State and local juvenile delinquency prevention and treatment programs (as under current law), and including drug and alcohol programs and gender-specific programs. Authorizes the Administrator to: (1) support research related to achieving a better understanding of the commission, and designed to identify educational programs best suited to prevent and reduce the incidence, of hate crimes by juveniles; and (2) develop, conduct, and provide training programs for persons working with juveniles and their families (as under current law), including juveniles who commit hate crimes. Requires the Administrator to include within the Institute's training program methods and techniques specifically designed to prevent and reduce such incidence. Directs the Administrator to conduct a study of the incidence of violence committed by or against juveniles in urban areas of the United States. Sets forth study objectives, including: (1) identifying characteristics and patterns of behavior of juveniles who are at risk of becoming violent or victims of homicide, factors particularly indigenous to such areas that contribute to violence committed by or against juveniles, and existing and new diversion, prevention, and control programs to ameliorate conditions causing any increase in such violence; (2) determining the accessibility and use of firearms, and the conditions that cause any increase in violence committed, by or against juveniles; (3) using data available from Federal and State law enforcement agencies to make specified assessments with respect to hate crimes; (4) improving current systems to prevent and control violence by or against juveniles; and (5) developing a plan to assist State and local governments to establish viable ways to reduce homicide committed by or against juveniles. Sets forth reporting requirements. Directs the Administrator, in making grants and contracts under Special Emphasis Prevention and Treatment Programs, to include: (1) home-based treatment programs in establishing or maintaining community-based alternatives to traditional forms of institutionalization of juvenile offenders; (2) self-help programs for parents in developing or supporting model programs to strengthen and maintain the family unit; (3) programs that work with families during the incarceration of juvenile family members and which take into consideration the special needs of families with limited English-speaking ability; (4) targeting juveniles who have had, or are likely to have, contact with the juvenile justice system in disseminating information regarding model, innovative, law-related education programs; and (5) establishing or supporting programs designed to prevent and reduce the incidence of hate crimes committed by juveniles, including model educational programs (designed to reduce such incidence by means such as addressing the specific prejudicial attitude of each offender, developing an awareness in such offender of the effect of the hate crime on the victim, and educating such offender about the importance of tolerance in our society) and sentencing programs (designed specifically for juveniles who commit hate crimes and that provide alternatives to incarceration). Authorizes the Administrator, in making such grants and contracts, to assist in identifying learning disabilities in developing and implementing model programs and methods to keep students in elementary and secondary schools, and in encouraging new approaches with respect to prevention of school violence and vandalism. Bars the Administrator from making any such grant or contract to the Department of Justice (DOJ) or to any administrative unit or other entity that is part of DOJ. Modifies provisions regarding the competitive process (and related reporting requirements) in approving applications for such grants or contracts. Specifies that such process shall not apply to programs to be carried out in areas with respect to which the President declares (under the Robert T. Stafford Disaster Relief and Emergency Assistance Act) that a major disaster or emergency exists. Revises provisions with respect to prevention and treatment programs relating to juvenile gangs and drug abuse and trafficking. Directs the Administrator to make grants to or enter into contracts with public agencies (including local educational agencies) and private nonprofit agencies, organizations, and institutions to establish and support programs and activities that involve families and communities that are designed to carry out specified purposes, including to: (1) prevent and reduce the participation of juveniles in the activities of gangs that commit crimes (which may include individual, peer, family, and group counseling, education and social services designed to address the social and developmental needs of juveniles, the organization of neighborhood and community groups, and training and assistance to adults who have significant relationships with juveniles who are or may become members of gangs, in providing constructive alternatives to participating in gang activities); (2) promote and support the development of policies and activities in public elementary and secondary schools which will assist such schools in maintaining a safe environment conducive to learning; (3) assist juveniles who are or may become gang members to obtain appropriate educational instruction, in or outside a regular school program, including the provision of counseling and other services; (4) expand the availability of prevention and treatment services relating to the illegal use of controlled substances and controlled substance analogues by juveniles; (5) provide services to prevent juveniles from coming into contact with the juvenile justice system again as a result of gang-related activity; and (6) support activities to inform juveniles of the availability of treatment and services for which financial assistance is available. Authorizes the Administrator to make grants and enter into contracts with public agencies and private nonprofit agencies, organizations, and institutions to: (1) conduct research on issues related to juvenile gangs; (2) evaluate the effectiveness of programs and activities funded under these provisions; and (3) increase the knowledge of the public by disseminating information on research and on effective programs and activities. Sets forth application requirements, including that applications: (1) provide an assurance that the proposed program or activity will supplement, not supplant, similar programs and activities already available in the community; (2) describe how such program or activity is coordinated with other specified programs, activities, and services available locally; and (3) certify that the applicant has requested the State planning agency (currently, any designated local agency) to review and comment on such application, and summarize the responses of such State planning agency to the request). Directs the Administrator, in reviewing applications, to give priority to specified applications, including those: (1) submitted by, or substantially involving, local educational agencies; and (2) for assistance for programs and activities that are broadly supported by public and private nonprofit agencies, organizations, and institutions in the geographical area in which the applicants propose to carry out the programs and activities, and that will substantially involve the families of juvenile gang members in carrying out such programs or activities. Sets forth new provisions with respect to community-based gang intervention. Directs the Administrator to make grants to, or enter into contracts with, public and private nonprofit agencies, organizations, and institutions to carry out programs and activities to: (1) reduce the participation of juveniles in illegal gang activities; (2) develop regional task forces involving State, local, and community-based organizations to coordinate enforcement, intervention, and treatment efforts for juvenile gang members and to curtail interstate gang activities; and (3) facilitate coordination and cooperation among local education, juvenile justice, employment, and social service agencies, and community-based programs with a proven record of effectively providing intervention services to juvenile gang members for the purpose of reducing the participation of juveniles in illegal gang activities. Authorizes appropriations. Title II: Amendments to the Runaway and Homeless Youth Act - Amends the Runaway and Homeless Youth Act (RHYA) to direct the Secretary of Health and Human Services to make grants to provide services to deal with the immediate needs of homeless youth and their families (as under current law) in a manner which is outside the law enforcement, child welfare, mental health, and juvenile justice systems (current law specifies outside the law enforcement structure and juvenile justice system). Increases the allotment of grant funds. Amends the JJDPA to: (1) delete a provision authorizing the Secretary to provide on-the-job training to local runaway and homeless youth center personnel and coordinated networks of local law enforcement, social service, and welfare personnel to assist such personnel in recognizing and providing for learning disabled and other handicapped juveniles; and (2) authorize the Secretary, subject to specified appropriations-related limitations, to make grants to establish and operate street-based service projects for runaway, homeless, and street youth, and home-based service projects for families that are separated (or at risk of separation) as a result of the physical absence of a runaway youth or youth at risk of family separation. Amends the RHYA to provide that, to be eligible for assistance under the Runaway and Homeless Youth Grant Program, an applicant shall propose to establish, strengthen, or fund specified centers and services and a locally controlled facility providing temporary shelter (as under current law), including a family host home. Specifies that, to qualify for such assistance, the applicant shall submit a plan to the Secretary including assurances that such applicant shall: (1) use such assistance with respect to a facility that has a maximum capacity of not more than 25 youths (currently, not more than 25 children); (2) develop an adequate plan for assuring proper relations with law enforcement, social service, school system, and welfare personnel (as under current law), and health care personnel, as well as coordination with personnel of the schools to which runaway and homeless youth will return, to assist such youth to stay current with the curricula of such schools; (3) develop an adequate plan for providing counseling and aftercare services to such youth, and for encouraging the involvement of their parents or legal guardians in counseling (current law specifies aftercare counseling involving such youth and their families within the State in which the runaway and homeless youth center is located); (4) keep adequate statistical records profiling the children and parents which it serves, except that records maintained on individual youth shall not be disclosed without consent of the individual youth and family members (as under current law) whom it serves, including youth who are not referred to out-of-home shelter services; and (5) develop an adequate plan for establishing outreach programs designed to attract individuals (including minorities and those with limited English-speaking ability) who are eligible to receive services for which a grant may be expended. Amends the JJDPA to provide that, to be eligible for street-based services assistance, an applicant shall propose to establish, strengthen, or fund a street-based service project for runaway and homeless youth and street youth, and shall submit to the Secretary a plan in which such applicant agrees, as part of such project: (1) to provide qualified supervision of staff, backup personnel for on-street staff, informational and health educational material to runaway and homeless youth and street youth in need of services, and initial and periodic training of staff who provide services under such project; (2) to carry out outreach activities for, and collect statistical information on, such youth; (3) to develop referral relationships with agencies and organizations that provide services or assistance to such youth; (4) to submit to the Secretary an annual report, an annual budget, and such other information as the Secretary may reasonably require; (5) to implement such accounting procedures and fiscal control devices as the Secretary may require; (6) to keep adequate statistical records that profile such youth whom it serves and not disclose their identity in reports or other documents based on such records; and (7) not to disclose records maintained on individual youth without their consent to anyone other than an agency compiling statistical records. Requires an applicant, to be eligible for home-based services assistance, to propose to establish, strengthen, or fund a home-based service project for runaway youth or youth at risk of family separation and submit to the Secretary a plan in which the applicant agrees, as part of such project: (1) to provide counseling and information services needed by runaway youth, youth at risk of family separation, and the family (including unrelated individuals in the family household) of such youth, 24-hour service to respond to family crises (including immediate access to temporary shelter for such youth affected by family crises), informational and health educational material to such youth in need of services, and initial and periodic training of staff who provide services under such project; (2) to establish in partnership with the families of such youth objectives and measures of success to be achieved as a result of participating in such project; (3) to carry out outreach activities for, and collect statistical information on, such youth; (4) to ensure that caseloads remain sufficiently low to allow for intensive involvement with each family participating in, and that qualified supervision will be provided to staff who provide services under, such project; (5) to submit to the Secretary an annual report, an annual budget, and such other information as the Secretary may reasonably require; (6) to implement such accounting procedures and fiscal control devices as the Secretary may require; (7) to keep adequate statistical records that profile such youth whom it serves and not disclose the identity of such youth in reports or other documents based on such records; and (8) not to disclose records maintained on individual youth without their consent to anyone other than an agency compiling statistical records. Makes conforming amendments with respect to grants to private entities and approval by the Secretary of specified grant funds. Gives priority to grants smaller than $200,000 (currently, $150,000). Provides that, to be eligible for assistance under the Transitional Living Grant Program, an applicant must agree not to disclose records maintained on individual homeless youth without the consent of such individual (current law also requires consent of a parent or legal guardian) to anyone other than an agency compiling statistical records or a government agency involved in the disposition of criminal charges against youth. Directs the Secretary to include in its annual report to the Congress a summary of the results of Federal evaluation of the programs, projects, and activities carried out under the RHYA, and a description of the training provided to the individuals who carry out such evaluation. Specifies that, as part of such evaluation, the Secretary shall require such individuals to visit each grantee on-site not less frequently than at three-year intervals. Authorizes appropriations for the Runaway and Homeless Youth Grant Program and the Transitional Living Grant Program. Directs the Secretary to: (1) give priority to grant applicants (with respect to grants, as provided for under current law, for a national communication system to assist runaway and homeless youth in communicating with their families and with service providers) that have experience in providing telephone services to such youth; (2) coordinate the activities of agencies of the Department of Health and Human Services with those of other Federal and eligible non-Federal entities (currently, with respect to matters relating to communicable diseases); and (3) make grants to statewide and regional nonprofit organizations to provide technical assistance and training to eligible public and private entities (as under current law) for the purpose of carrying out the programs, projects, or activities for which such grants are made pursuant to this Act. Sets forth additional criteria for the Secretary to use in selecting applicants with respect to grants (provided for under current law) to States, localities, and private entities to carry out research, demonstration, and service projects designed to increase knowledge concerning, and to improve services for, runaway and homeless youth. Title III: Amendment to the Missing Children's Assistance Act - Amends the Missing Children's Assistance Act to authorize appropriations. Title IV: General Provisions - Sets forth effective dates of this Act.

Water Resources Development Act of 1992

United States · United States Congress · 15 May 1992

Water Resources Development Act of 1992 - Title I: Project Authorization - Authorizes the Secretary of the Army (the Secretary) to carry out public works projects in the following locations for improvements to navigation, flood control, and ecosystem restoration: (1) Southeast Alaska Harbors of Refuge, Alaska; (2) Whiteman's Creek, Arkansas; (3) American River Watershed, California; (4) Morro Bay Harbor, California; (5) Sacramento Metro Area, California; (6) Rio Grande Alamosa, Colorado; (7) Delaware River Mainstem and Channel Deepening, Delaware, New Jersey, and Pennsylvania; (8) Canaveral Harbor, Florida; (9) Kissimee River, Florida; (10) Port Everglades Harbor, Florida; (11) Savannah Harbor, Georgia and South Carolina; (12) Kentucky Lock Addition, Kentucky; (13) Amite River and Tributaries, Louisiana; (14) Saugus River and Tributaries, Massachusetts; (15) Las Vegas Wash and Tributaries, Nevada; (16) Morehead City Harbor, North Carolina; (17) West Onslow and New River Inlet, North Carolina; (18) Lackawanna River at Scranton, Pennsylvania; (19) Locks and Dams 2, 3, and 4 Monongahela River, Pennsylvania; (20) Rio Grande De Loiza, Puerto Rico; (21) Sargent Beach, Texas; and (22) Shoal Creek, Austin, Texas. Modifies projects at the following locations with respect to coastal storm protection, storm water collection, flood control beach erosion control and hurricane protection, navigation, and water quality improvement: (1) Virginia Beach, Virginia; (2) South Fork of the Zumbro River, Rochester, Minnesota; (3) Moorefield and Petersburg, West Virginia; (4) Buena Vista, Virginia; (5) Westhampton Beach, New York; (6) Jones inlet, New York; (7) Buffomville Lake, Massachusetts; (8) French River, Connecticut and Massachusetts; and (9) Clear Creek, Texas. Reauthorizes the project for flood control at: (1) Perry Creek, Sioux City, Iowa; and (2) Green Bay Levee District, Iowa. Title II: Project Related Provisions - Authorizes the Secretary to develop and implement a plan for modifying the channel bypass element of the Levisa Fork, Kentucky, project for water quality improvement in and restoration of Pikeville Lake, Kentucky. Authorizes appropriations. Bars the Secretary from proceeding with the divestiture of locks and dams five through 14 on the Kentucky River, Kentucky, until the Secretary has complied with the terms of a specified Memorandum of Understanding. Authorizes and directs the Secretary to: (1) develop a comprehensive five-year and 20-year sediment management strategy for the Toledo River (and authorizes the Secretary to conduct the engineering and construction activities necessary to implement the five-year strategy); and (2) establish the William B. Hoyt II Visitor Center at Mount Morris Dam, Mount Morris, New York. Authorizes appropriations. Directs the Secretary to proceed with the project for the Richmond, Virginia, Filtration Plant. Authorizes the Secretary to: (1) maintain navigation access to, and berthing areas at, all currently operating public and private commercial dock facilities associated with or having access to the Federal navigation project on the Columbia, Snake, and Clearwater Rivers from Bonneville Dam to and including Lewiston, Idaho, at a depth commensurate with the Federal navigation project; (2) complete the shore protection measures on Cliff Walk, Newport, Rhode Island; and (3) reconstruct the Allendale Dam in North Providence, Rhode Island. Amends the Water Resources Development Act of 1990 to make specified modifications with respect to the effective date of the local cooperation agreement with the City of Virginia Beach, Virginia and reimbursement for the Federal share of beach nourishment at the Virginia Beach periodic nourishment project. Authorizes and directs the Secretary to correct the design deficiency associated with the project for flood control at Ellenville, New York. Authorizes the Secretary to: (1) undertake an environmental restoration project along the banks of the White River in Indianapolis, Indiana; and (2) design and construct projects for combined sewer overflow (CSO) prevention for specified areas across the country. Sets forth provisions regarding project design and costs for the latter. Authorizes appropriations. Authorizes the Secretary to maintain the authorized Federal navigation channel at Port Orford, Oregon. Title III: General Provisions - Amends the Water Resources Development Act of: (1) 1986 to authorize appropriations for dam safety; and (2) 1974 to provide that up to half the non-Federal contribution for the cost-sharing program may be made by the provision of in-kind services, and to define "State" to include Indian tribes. Authorizes the Secretary to: (1) develop and implement a program to share the cost of managing recreation facilities and natural resources at water resource development projects under the Secretary's jurisdiction; (2) enter into cooperative agreements with non-Federal public and private entities to provide for operation and management of recreation facilities and natural resources at civil works projects under the Secretary's jurisdiction where such facilities and resources are being maintained at complete Federal expense; and (3) accept contributions of funds, materials, and services from such entities for purposes of this provision. Amends the Flood Control Act of 1968 to authorize the Secretary to charge fees (to be deposited into the special Treasury account for the Corps of Engineers) for the use of developed recreation sites and facilities, but not for the use or provision of drinking water, way side exhibits, general purpose roads, overlook sites, toilet facilities, or general visitor information. Amends the Land and Water Conservation Fund Act of 1965 to repeal a provision barring a Federal agency, at each lake or reservoir under the jurisdiction of the Corps of Engineers where camping is permitted, from charging a user fee for providing at least one primitive campground containing designated campsites, sanitary facilities, and vehicular access. Authorizes the Secretary to carry out projects for the protection, restoration, and creation of aquatic and ecologically-related habitats, including wetlands, in connection with dredging for construction, operation, or maintenance of an authorized navigation project. Specifies that such projects shall be undertaken, subject to appropriations and Federal cost-sharing limitations, in any case where the Secretary finds that: (1) the environmental, economic, and social benefits of the project justify the cost; and (2) such project will not result in any further environmental degradation. Specifies that any such project shall be initiated only after non-Federal interests have entered into a cooperative agreement, according to specified provisions of the Flood Control Act of 1970, under which such interests agree to: (1) provide 25 percent of the cost associated with the project, including provision of all lands, easements, rights-of-way, and necessary relocations; and (2) pay 100 percent of the cost of operation, maintenance, replacement, and rehabilitation costs associated with the project. Authorizes appropriations. Sets limits on the Federal share of the cost of each project. Amends the Water Resources Development Act of 1976 to revise provisions with respect to cost-sharing for disposal of dredged sand on beaches. Requires the Secretary to give consideration to the schedule of the State or political subdivision in providing its share of funds for the placing of such sand on the beaches of such State or subdivision and, to the maximum extent practicable, to accommodate such schedule. Makes the political subdivision responsible for providing payments required under such Act in lieu of the State. Specifies that amounts recovered under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 for any response action taken by the Secretary in support of the Army Civil Works Program shall be credited to the principal appropriation from which the costs of such action has been paid or will be charged. Authorizes the Secretary, in accomplishing the maintenance, rehabilitation, and modernization of hydroelectric power generating facilities at water resources projects under the jurisdiction of the Department of the Army, to increase the efficiency of energy production or the capacity of these facilities if, after consulting with other appropriate Federal agencies, the Secretary determines that such uprating: (1) is economically justified and financially feasible; (2) will not result in significant adverse environmental impacts or effects on the purposes for which the project is authorized; and (3) will not involve major structural or operational changes in the project. Authorizes the Secretary, at a water resources project where the non-Federal interest is responsible for performing the operation, maintenance, replacement, and rehabilitation of the project and the Government is responsible for paying a portion of such costs, to: (1) provide a payment of the estimated total Federal share of such costs (based on a specified formula) to the non-Federal interest after completion of project construction; and (2) make a payment only if the non-Federal interest has entered into a binding agreement with the Secretary to perform the operation, maintenance, replacement, and rehabilitation of the project, subject to specified requirements. Authorizes the Secretary to accept contributions of cash, funds, materials, and services from nonprofit private and non-Federal public entities for environmental protection and restoration. Extends the jurisdiction of the Mississippi River Commission to include Terrebonne Parish, Louisiana. Authorizes the Secretary to remove a sunken barge from waters off the shore of the Narragansett Town Beach in Narragansett, Rhode Island, subject to specified requirements. Authorizes the Director of the U.S. Fish and Wildlife Service to provide financial assistance to: (1) pay the costs of construction and equipment for an Upper Mississippi River Environmental Education Center to be located in Winona, Minnesota; and (2) share the costs of planning, engineering design, construction, and equipment for the North American Wildlife and Prairie Wetlands Interpretive Center to be constructed near Medina, North Dakota. Sets forth additional requirements. Authorizes appropriations. Authorizes the use of flood emergency funds to repair and restore protective beaches damaged or destroyed by wind, wave, or water action other than of an ordinary nature when such repair and restoration is necessary to provide a level of protection equivalent to that provided prior to such damage or destruction and when requested by the Governor. Amends the Water Resources Development Act of 1986 to require that credits for project lands, easements, relocations, and rights-of-way include full value of foregone royalties on subsurface minerals, such as sand, where State royalty schedules have been established on the commercial mining of such resources. Limits design and construction costs assigned to projects under such Act for purposes of cost-sharing by non-Federal interests to the direct costs of such projects (and excludes any departmental overhead or general and administrative overhead costs). Makes this provision applicable to projects authorized in this or subsequent Acts and to cost-sharing agreements for projects not specifically authorized by the Congress entered into after the date of enactment of this Act. Directs the Secretary and the Assistant Administrator for Research and Development at the Environmental Protection Agency (EPA) to coordinate an annual review of the environmental research activities conducted at their respective research facilities. Extends the time of transfer of lands and management responsibilities with respect to specified portions of the Cross Florida Barge Canal project. Authorizes and directs the Secretary to investigate and carry out saltmarsh restoration projects along the coastline of the State of Connecticut, subject to specified cost-sharing requirements. Directs the Secretary, for purposes of formulating, evaluating, and displaying the benefits and costs of any water resources project that involves beach renourishment, or that involves inlet dredging or other navigation improvements that are likely to affect erosion patterns on beaches adjacent to such project, to address: (1) economic costs to the State of not placing beach-quality sand on eroded or eroding beaches; and (2) cost savings, if any, that may be achieved by restoring or renourishing eroded or eroding beaches during a dredging or other navigation project as compared to performing such restoration or renourishment at a later date as a separate project. Specifies that the Secretary shall consider the protection of coastal resources through placement of beach quality sand on beaches as being in the public interest whenever such sand would otherwise be disposed of offshore. Requires the Secretary to establish by regulation a process for development of long-range plans for financing and execution of projects for beach nourishment and inlet management within each affected State. Sets forth minimum requirements with respect to such process and the amendment or termination of such plans. Authorizes appropriations. Title IV: Infrastructure Technology, Research and Development - Authorizes the Secretary to: (1) engage in research, development, and technology transfer activities with respect to water and related land resources and water transportation, and test, develop, or assist non-Federal entities in development of new technology; (2) engage in activities to inform the U.S. Maritime Industry and Port Authorities of technological innovations abroad that could significantly improve waterborne transportation in the United States, both inland and deep draft; and (3) coordinate water resources-related research efforts with those national centers and institutes focused on the development of new technology and solutions to the problems associated with the nation's infrastructure. Directs the Secretary to: (1) establish a cooperative agreement with the National Center for Infrastructure Studies, Columbia University, New York City, and its consortium of universities, to accelerate the development of new technology in infrastructure; and (2) contract with the National Center for implementation of such a cooperative agreement. Specifies that: (1) such cooperation between the National Center, the Army Corps of Engineers, and its research facilities shall focus on the development of solutions to national water and waterway related infrastructure problems, including the disposal of dredged material; and (2) cooperative activities shall include an assessment of high-speed commercial water transportation, vessels, and infrastructure needs, and that in addition to general cargo carriers, high-speed water passenger transport at and in the vicinity of congested coastal urban areas shall be included. Authorizes appropriations. Authorizes the Secretary to conduct such studies as necessary to provide a report to the Congress on the state of the National Ports and Harbors system of the United States. Authorizes appropriations. Directs the Administrator of the EPA and the Secretary: (1) based upon a review of specified decontamination technologies, to jointly select removal, pre- and post-treatment and decontamination technologies for contaminated marine sediments for a decontamination project in the New York/New Jersey Harbor; and (2) upon selection, to jointly implement a four-year program of selected technologies to assess their effectiveness in rendering sediments acceptable for unrestricted ocean disposal, beneficial reuse, or both. Provides for continuous review and evaluation of selected technologies, the joint development of an outyear management program, and reevaluation and updating of the program each year in light of the findings of the Administrator and Secretary and the comments of an advisory panel (established pursuant to this Act). Requires the Administrator and the Secretary to jointly recommend three additional sites and select appropriate technologies for marine sediment decontamination projects to be implemented on the Gulf of Mexico, the Great Lakes, and the West Coasts during FY 1995 through 1997. Provides for the establishment of an advisory panel (comprised of academic and agency scientists) for each decontamination project to advise the Administrator and the Secretary on technology review, technology selection, and decontamination program implementation. Sets forth reporting requirements. Authorizes appropriations. Title V: Environmental Infrastructure Facilities for Economically Distressed Areas - Environmental Infrastructure Assistance Act - Directs the Secretary to establish an Office of Community Environmental Infrastructure Assistance (the Office) within the Directorate of Civil Works of the Office of the Chief of Engineers, Department of the Army, to: (1) manage projects pursuant to this title; and (2) provide information and guidance to communities in economically distressed areas with respect to financial analysis and planning, assessment of feasibility of eligible projects under this title, and such economic and organizational issues as regionalization of environmental infrastructure facilities, reform of existing rate structures, and operation of special management districts (and, in cooperation with the Administrator, provide information and guidance to communities on issues related to construction, operation, maintenance, and rehabilitation of environmental infrastructure facilities). Directs the Secretary to: (1) establish an environmental infrastructure assistance program administered through the Office; (2) use funds under this title for the construction of wastewater treatment works, public water systems, and solid waste management facilities; and (3) use funds under this title for an eligible project only if the project is publicly owned. Specifies that funds provided for the implementation of this title shall be available only for environmental infrastructure projects located in an economically distressed area serving a population of less than 25,000. Authorizes the Governor of any State to submit to the Secretary a State priority project plan, which shall include a list of: (1) economically distressed areas in the State, other than a Federal Indian reservation, including such information qualifying such areas as the Secretary deems necessary and appropriate; (2) specific projects eligible for financial assistance and information concerning the nature, benefits, costs, and expected long-term operations of the projects; and (3) eligible projects ranked in priority order for the fiscal year with respect to which assistance is sought. Requires: (1) the Administrator to submit to the Secretary a priority project plan for eligible projects on Federal Indian reservations; and (2) the Secretary to establish by regulation such additional requirements for a State priority project plan as appropriate. Directs the Secretary to develop and submit to the Congress a national economically distressed area environmental infrastructure assistance plan, which shall include: (1) for any plan that is not an initial plan, a description of the efforts of the Secretary to implement the provisions of this title in the preceding year; (2) a list of all State environmental infrastructure priority projects; (3) such list, ranked in an order which, in the judgment of the Secretary, gives highest priority to projects with the greatest public health and environmental benefits, serving communities facing the greatest financial hardships associated with the project, and ranked highest by the Governor; and (4) a status report of any projects in progress or under construction. Bars the Secretary from listing such a project if, in the judgment of the Secretary, the project does not meet the eligibility requirements of this title. Requires the Secretary, subject to the availability of funds, to enter into local cooperation agreements with appropriate local governments for the planning, design, and construction of such environmental infrastructure projects. Sets forth requirements with respect to such agreements, project priorities, project management, and consistency with planning requirements. Directs the Administrator to publish guidelines for the design of wastewater treatment works, public water systems, and solid waste disposal facilities which: (1) describe the basic design standards to be applied in the planning of environmental infrastructure facilities; (2) identify appropriate engineering specifications for construction of environmental infrastructure facilities based on an expected operational life of 20 years; (3) establish such minimum standards of planning, engineering, design, and construction as are considered appropriate by the Administrator; and (4) assure that any facility constructed will comply with all applicable Federal and State environmental laws. Requires the Administrator to periodically review and revise the guidelines. Authorizes appropriations. Title VI: Contaminated Sediment and Ocean Dumping - National Contaminated Sediment Assessment and Management Act - Establishes a National Contaminated Sediment Task Force. Directs the Administrator to conduct: (1) a comprehensive national survey of data regarding aquatic sediment quality in the United States, including compilation of all existing information on the quantity, chemical and physical composition, and geographic location of pollutants in aquatic sediment; and (2) a comprehensive and continuing program to assess aquatic sediment quality. Sets forth reporting requirements. Amends the Marine Protection, Research, and Sanctuaries Act (MPRSA) to: (1) include a declaration by the Congress that it is the goal of the United States to eliminate the dumping of dredged materials containing contaminants in excess of marine water or sediment standards under the Federal Water Pollution Control Act (FWPCA) into ocean waters; and (2) specify that no permit or dumping authorization shall be issued for a dumping of material that, in the case of a dump site located in the territorial sea, will violate water quality standards or contains contaminants in quantities in excess of sediment quality standards adopted pursuant to the FWPCA, or, in the case of any other dump site, will violate water quality criteria or contains contaminants in quantities in excess of sediment quality criteria published pursuant to the FWPCA. (Current law states that no permit shall be issued for a dumping of material which will violate applicable water quality standards.) Specifies that: (1) in any case in which the Administrator disagrees with the Secretary's determination as to compliance with the criteria or restrictions (currently, criteria) established pursuant to the MPRSA relating to the effects of the dumping or specified restrictions relating to critical areas and site management plans (currently, critical areas), the determination of the Administrator shall prevail; and (2) if the Secretary finds that, in the disposition of dredged material, there is no economically feasible method or site available other than a dumping site the utilization of which would result in noncompliance with such criteria or restrictions (currently, criteria), he shall so certify and request a special permit from the Administrator (currently, a waiver of the specific requirements involved). Requires the Administrator: (1) within 90 (currently, 30) days of the receipt of the special permit (currently, waiver) request, to grant such permit (currently, waiver), subject to specified conditions; and (2) in reviewing a request for such a permit, to provide for public notice and comment. Authorizes States to adopt only such criteria, standards, rules, or regulations (to be transmitted to the Administrator and Secretary, who shall assure compliance) relating to the dumping of materials into ocean waters within the jurisdiction of the State which are more stringent and protective of such waters and sediment than those adopted under the MPRSA. (Under current law, no State shall adopt or enforce any rule or regulation relating to such activity, but may propose to the Administrator criteria related to ocean dumping, which the Administrator may adopt if not inconsistent with such Act, subject to specified requirements.) Directs the Administrator: (1) to designate sites or time periods for dumping that will mitigate the adverse impact on the environment to the greatest extent practicable (current law authorizes the Secretary to designate recommended sites or times); and (2) in any case where the Administrator determines that, with respect to certain materials, it is necessary to prohibit dumping at a site or during a time period, to prohibit the dumping during such time period (under current law, when necessary to protect critical areas, sites or times within which certain materials may not be dumped). Specifies that this prohibition shall apply to any dumping at the site or during such time period. Requires the Administrator to develop and implement a site management plan for each site designated, including: (1) baseline assessment of environmental conditions at the site and in adjacent areas that may be affected by the dumping activity as if dumping had never occurred; (2) special management conditions or practices to be implemented at each site that are necessary for the protection of the environment; (3) a program of monitoring for each site; (4) the anticipated use and management of the site over the 20-year period following the date of preparation of the plan; (5) a schedule of review and revision of the plan; and (6) such other requirements and conditions as the Administrator considers necessary. Specifies that: (1) after January 1, 1993, no site shall receive a final designation unless a management plan has been developed pursuant to the MPRSA; and (2) beginning on January 1, 1995, no permit or authorization for dumping shall be issued for a site designated pursuant to such Act unless a site management plan has been adopted for such site. Directs the Administrator to: (1) develop a site management plan for any site designated prior to January 1, 1993, as expeditiously as practicable, giving consideration to development plans for designated sites that are considered to have the greatest impact on the environment; and (2) provide for public review and comment on site designation actions, and hold a public hearing on any proposed designation or management plan development, revision, or redesignation in the region in which the site that is the subject of the management plan is located. Requires that permits issued with respect to the dumping permit program for dredged material: (1) designate and include such requirements, limitations, or conditions as necessary to assure consistency with any site management plan approved pursuant to the MPRSA (currently, the length of time for which the permits are valid and their expiration date), and special provisions that the Administrator or the Secretary determines to be reasonable and necessary to control and prevent pollution of waters and sediment in the area of the dredging project from on-shore and related facilities subject to the control of the entity seeking a permit; and (2) be issued for a period of up to three years. Specifies that any person who: (1) knowingly violates any provision of, or regulation promulgated or permit issued under, this title shall be fined under the Federal criminal code, imprisoned for not more than five years, or both (currently, fined up to $50,000, imprisoned for up to one year, or both); and (2) is convicted of such a violation shall forfeit to the United States any property constituting or derived from any proceeds that the person obtained as a result of such violation, and any of the property of the person which was used, or intended to be used, to commit or facilitate the commission of the violation. Provides that any vessel used to commit an act for which such a penalty is imposed under the MPRSA shall be subject to seizure and forfeiture to the United States under procedures established for seizure and forfeiture of conveyances under the Controlled Substances Act, with exceptions. Authorizes appropriations. Title VII: Studies - Authorizes and directs the Secretary to review the report of the Chief of Engineers on the Ohio River and Tributaries and other pertinent reports to determine whether modifications of the recommendations contained therein are advisable at the present time, with particular reference to improvements for water and related land resource needs. Authorizes appropriations. Directs the Secretary to conduct a study of the economic benefits of Federal and significant non-Federal shore protection activities in the Mid-Atlantic region from New York to Virginia, assessing: (1) the public investment in such activities; (2) damage incurred by such shore protection activities by the coastal storms of October 1991 and January 1992; (3) the prevention of damage by such storms to coastal and upland resources as a result of such shore protection activities; and (4) the extent to which the prevention of damage to coastal and upland resources is considered in benefit-cost ratios for shore protection activities. Sets forth reporting requirements. Authorizes the Secretary to enter into a memorandum of understanding with the Secretary of Agriculture to study problems associated with flooding in Harrison County, Mississippi. Specifies that such Secretaries shall jointly conduct a reconnaissance study of such county and specified bodies of water and associated watersheds. Sets forth reporting requirements. Authorizes the Secretary to study the need for navigation improvements in Reynolds Channel and the connecting State Boat Channel between Captree Island and Oak Beach. Sets forth reporting requirements. Authorizes the Secretary to review the reports of the Chief of Engineers and other pertinent documents pertaining to Orchard Beach, Bronx, New York, and to make recommendations concerning storm damage prevention, recreation, environmental restoration, and other purposes. Authorizes appropriations. Authorizes the Secretary to study the need for erosion protection along the East River, New York, in the vicinity of Brooklyn, Queens, and Manhattan, with a view toward mitigating the deleterious effects of drift removal on protecting the adjacent shoreline from erosion. Authorizes appropriations. Authorizes the Secretary to conduct a reconnaissance and feasibility study of remediation of contaminated sediments in Lake Champlain and the Narrows of Lake Champlain. Specifies that: (1) such activities shall be coordinated with the State of Vermont and the Water Resources Research Center at the University of Vermont; and (2) funds previously expended by such State and the Water Resources Research Institute in investigating sediment contamination shall be considered toward any joint funding requirements. Authorizes the Secretary to conduct a reconnaissance and feasibility study of providing additional: (1) boat access points on Lake Champlain; and (2) flood protection for Montpelier, Vermont. Directs the Board of Engineers to conduct an evaluation of long-term coastal dredged material disposal needs along the Maine and New Hampshire coasts. Specifies that, beginning in 1995, any dredged material resulting from a project proposed as a result of this study shall be disposed of at a site permanently designated by the EPA pursuant to the MPRSA. Authorizes funds to conduct this study. Authorizes and directs the Secretary, in studying the feasibility of Federal improvements to the St. John's River Channel, to: (1) examine the commercial and military uses of the Channel in those areas traversed by both military and commercial vessels; and (2) coordinate their efforts with the Department of the Navy to utilize available studies and resources which project future military dredging needs in the Channel. Requests the Chief of Engineers to review his report on central and southern Florida and other pertinent reports, with a view to determining whether modifications to the existing project are advisable at the present time due to significantly changed physical, biological, demographic, or economic conditions.

National Economic Council Act of 1992

United States · United States Congress · 14 May 1992

National Economic Council Act of 1992 - Establishes the National Economic Council within the Executive Office of the President to advise the President with respect to the integration of domestic and international policies relating to the economy and international competitiveness so as to enable the Federal Government to operate more effectively in matters involving U.S. ability to compete in the global economy. Lists specific Commission functions, which include: (1) formulating and implementing a coordinated economic strategy which will provide the economic environment necessary for the United States to be on a competitive basis with other nations; and (2) defining a set of guidelines for government interaction with the market.

Octane Replacement Act of 1992

United States · United States Congress · 14 May 1992

Octane Replacement Act of 1992 - Directs the Secretary of Energy (the Secretary) to issue regulations establishing a program to require that, on a schedule of increments from one-half to two between 1994 and 2006, specified octane numbers of the octane ratings of domestically sold gasoline be derived from domestically produced, renewable nonpetroleum sources. Authorizes the Secretary to waive application of such requirements for any ozone nonattainment area during the high ozone season upon a determination by the Administrator of the Environmental Protection Agency that compliance would prevent or interfere with the attainment by the area of a national primary ambient air quality standard. Requires the Secretary to issue regulations establishing a system for the use of marketable octane credits for domestically sold gasoline under which credits due to gasoline with a higher octane number than is statutorily required, derived from domestically produced, renewable, nonpetroleum sources, may be used to offset gasoline sales with a lower octane number than is required. Permits the transfer of such credits between companies or within one company.

To amend the Solid Waste Disposal Act to exempt pesticide rinse water degradation systems from subtitle C permit requirements.

United States · United States Congress · 14 May 1992

Amends the Solid Waste Disposal Act to exempt owners or operators of pesticide rinse water degradation systems from obtaining a permit for the treatment or disposal of pesticide rinse water if the system: (1) uses evaporation and biological degradation to treat or dispose of such water; (2) contains an above-ground tank or double-walled tank that can be inspected for leaks; (3) includes a secondary containment system capable of collecting and containing any leaks from the tank; (4) does not discharge fluid; (5) is protected from rainfall; and (6) when it is dismantled or any matrix or media used in the tank is replaced, if the matrix or media contains any hazardous waste, the matrix or media is treated, stored, or disposed of in accordance with hazardous waste management requirements. Applies this Act to systems in operation as of January 1, 1987.

Gang-Free Schools and Communities Act of 1992

United States · United States Congress · 14 May 1992

Gang-Free Schools and Communities Act of 1992 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to establish a program of assistance to achieve gang-free schools and communities. Directs the Administrator of the Office of Juvenile Justice and Delinquency Prevention to make grants to or contract with public agencies (including local educational agencies) and private nonprofit entities to establish family and community programs and activities designed to carry out any of specified purposes, including: (1) prevention and reduction of juvenile participation in gangs that commit crime, through various methods; (2) innovations within juvenile adjudicatory and correctional systems; (3) treatment for juvenile gang members; (4) involvement of juveniles in lawful activities in areas of gang-crime; (5) policies and activities in schools to maintain a safe learning environment; (6) counseling and other instructional services for at-risk juveniles, in or outside a regular school program; (7) drug abuse prevention and treatment services; and (8) services to prevent repeat offenses. Authorizes grants and contracts for research, evaluation, and public information on issues relating to the program and juvenile gangs. Sets forth requirements for application review and approval. Defines juvenile as an individual under 22 years old. Authorizes appropriations.

Coast Guard Authorization Act of 1992

United States · United States Congress · 13 May 1992

Coast Guard Authorization Act of 1992 - Authorizes appropriations for the Coast Guard for: (1) operation and maintenance; (2) acquisition, construction, rebuilding, and improvement of aids to navigation, shore and offshore facilities, vessels, and aircraft; (3) research, development, test, and evaluation; (4) retirement pay and benefits; (5) alteration or removal of bridges; and (6) environmental compliance and restoration. Authorizes the Coast Guard end-of-year strength for active duty personnel and the average military training student loads. Amends Federal law to authorize denial or revocation of a trade or recreational endorsement on a certificate of documentation if the vessel's owner has not paid an assessment of a civil penalty after final agency action. Makes the vessel and its equipment liable to seizure and forfeiture if it is operated after denial or revocation. Authorizes designation of a limited percentage of officers of an armed force in the pay grade of O-6 or below (currently, grades O-3 through O-6) as having unusual responsibility, resulting in additional pay. Subjects foreign vessels certified by countries with inspection laws similar to those of the United States to (currently, only to) an inspection to ensure that the condition of the vessel is (currently, the condition of the vessel's propulsion and lifesaving equipment are) as stated in its certificate. Prohibits a foreign vessel (currently, a foreign or domestic vessel of more than a specified size) from departing from a U.S. port with passengers who embarked at that port if the vessel does not comply with the standards stated in the Convention for the Safety of Life at Sea. Requires that, when an inspection or examination of a documented or foreign vessel (currently, of a documented vessel) is conducted under part B (currently, under chapter 33) at a foreign place at the request of the owner or operator of the vessel, the owner or operator reimburse the Secretary of the department in which the Coast Guard is operating for the travel and subsistence of the personnel involved. (Chapter 33 (Inspection Generally) is one of the chapters in Part B (Inspection and Regulation of Vessels).) Modifies the applicable period and other requirements regarding a recreational boat fee. Requires common carriers and conferences to file electronically with the Federal Maritime Commission all tariffs and essential terms of service contracts required to be filed by specified provisions of the Shipping Act, 1916 and the Intercoastal Shipping Act, 1933. Requires the Commission to: (1) make available electronically to any person all tariff information and essential terms of service contracts filed in the Automated Tariff Filing and Information System database and all tariff information in the System enhanced electronically by the Commission at any time; and (2) charge fees for such access and copies. Exempts Federal agencies from such fees. Provides for civil monetary penalties for failure to pay the fees. Sets forth procedures for implementation of automatic filing, including directing the Secretary of the Treasury to make available a specified sum as a repayable advance, to be repaid from the fees collected. Deposits fees, after repayment of that advance, in the general fund of the Treasury as offsetting receipts.