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Bill· HRH.R. 2883 (102nd)open
United States · United States Congress · 15 July 1991
Colorado Metropolitan National Wildlife Refuge Act of 1991 - Directs the Secretary of the Army, without reimbursement and not later than October 1, 1993, to transfer jurisdiction of the lands comprising the Rocky Mountain Arsenal, Colorado, to the Secretary of the Interior (Secretary). Requires the Secretary of the Army to retain control over the management of such property with respect to environmental cleanup and remediation activities. Directs the Secretary to establish the Colorado Metropolitan National Wildlife Refuge on the conveyed property. Sets forth the purposes for which the Refuge is established. Prohibits the annexation of lands within the Refuge by any unit of local government. Establishes an advisory committee to advise the Secretary on management of the Refuge. Requires the Secretary to convey to the State or to the appropriate unit of local government sufficient property along the perimeter of the Refuge to allow for the widening of public roads. Prohibits the construction of any public through road through the interior of the Refuge. Directs the Secretary to convey any property that is not part of the Refuge for purposes of annexation by the City of Commerce, Colorado, for use for public or commercial purposes. Requires the Secretary, in conveying such property, to: (1) retain a reversionary interest for the United States if the property is not annexed by the city; (2) place restrictions on the deed that prohibit the use of the property for residential or industrial purposes, the use of water on the property as a source of potable water, and the use of the property for hunting and fishing or for agricultural purposes; and (3) include specified covenants in the deed with respect to remedial environmental actions by the United States.
Bill· HRH.R. 2891 (102nd)referred
United States · United States Congress · 15 July 1991
National Plastics Recycling Research and Development Act of 1991 - Requires the Administrator of the Environmental Protection Agency to: (1) establish three National Plastics Recycling Research and Development Centers at institutions of higher education; and (2) make grants to such Centers in the amount of 50 percent of the funds required to conduct assigned activities. Authorizes appropriations. Directs the Secretary of Commerce, acting through the Director of the National Institute of Standards and Technology, to establish the National Clearinghouse on Plastics Recycling, to be located at one of the Centers. Authorizes appropriations.
Bill· SS. 1460 (102nd)referred
United States · United States Congress · 11 July 1991
Colorado Metropolitan National Wildlife Refuge Act of 1991 - Directs the Secretary of the Army, without reimbursement and not later than October 1, 1993, to transfer jurisdiction of the lands comprising the Rocky Mountain Arsenal, Colorado, to the Secretary of the Interior (Secretary). Requires the Secretary of the Army to retain control over the management of such property with respect to environmental cleanup and remediation activities. Directs the Secretary to establish the Colorado Metropolitan National Wildlife Refuge on the conveyed property. Sets forth the purposes for which the Refuge is established. Prohibits the annexation of lands within the Refuge by any unit of local government. Establishes an advisory committee to advise the Secretary on management of the Refuge. Requires the Secretary to convey to the State or to the appropriate unit of local government sufficient property along the perimeter of the Refuge to allow for the widening of public roads. Prohibits the construction of any public through road through the interior of the Refuge. Directs the Secretary to convey any property that is not part of the Refuge for purposes of annexation by the City of Commerce, Colorado, for use for public or commercial purposes. Requires the Secretary, in conveying such property, to: (1) retain a reversionary interest for the United States if the property is not annexed by the city; (2) place restrictions on the deed that prohibit the use of the property for residential or industrial purposes, the use of water on the property as a source of potable water, and the use of the property for hunting and fishing or for agricultural purposes; and (3) include specified covenants in the deed with respect to remedial environmental actions by the United States.
Bill· SS. 1463 (102nd)referred
United States · United States Congress · 11 July 1991
Comprehensive Wetlands Conservation and Management Act of 1991 - Amends the Federal Water Pollution Control Act to revise provisions concerning permits for dredged or fill material. Prohibits, unless such activity is undertaken pursuant to a permit issued by the Secretary of the Army: (1) the discharge of dredged or fill material into U.S. waters; or (2) the draining, channelization, or excavation of wetlands. Authorizes the Secretary to issue permits for such activities. Sets forth permit application procedures. Requires the Secretary, upon receiving applications, to: (1) classify as Type A wetlands wetlands that are of critical significance to the long-term conservation of the ecosystem of which they are a part and which meet specified requirements; (2) classify as Type B wetlands wetlands that provide habitat for a significant population of avian, aquatic, or wetland dependent wildlife or provide other significant wetlands functions; and (3) classify as Type C wetlands wetlands that serve marginal functions but exist in such abundance that regulation of activities is not necessary to conserve wetlands values and functions, or are prior converted cropland, fastlands, or wetlands within intensely developed areas that do not serve significant wetlands functions. Directs the Secretary to notify a permit applicant of the classification. Permits owners of interests in Type A wetlands to seek compensation for the fair market value of such lands. Provides that title for such lands shall pass to the United States upon acceptance of an offer for compensation. Deems such takings to be takings of surface interests in lands only or water rights allocated under State law unless the Secretary determines that the exploration for, or development of, oil and gas or mineral interests is not compatible with conservation of the surface interests in lands that have been classified as Type A wetlands. Authorizes the Secretary to classify such interests as Type A wetlands and to notify the owner that he may receive compensation. Sets forth provisions concerning court jurisdiction and remedies for taking of interests. Requires the Secretary to deny a permit authorizing activities in Type A wetlands unless: (1) such activities can be undertaken with minimal alteration or surface disturbance; (2) there are overriding public interest concerns that require use of the lands for purposes other than conservation; or (3) the proposed use of the land will result in overall environmental benefits. Authorizes the Secretary to issue a permit for activities in Type B wetlands subject to conditions that ensure that the watershed or aquatic ecosystem of which such wetlands are a part does not suffer loss or degradation of wetlands values or functions. Imposes requirements for mitigation when such activities result in the permanent loss or degradation of Type B wetlands where such loss or degradation is not a temporary or incidental impact. Directs the Secretary to establish a mitigation banking program in each State to ensure compensation for loss and degradation of wetlands. Requires the primary objective of such programs to be to provide for the restoration, enhancement, or creation of ecologically significant wetlands on an ecosystem basis. Sets forth requirements of such programs. Permits activities in Type C wetlands to be undertaken without specified authorization. Authorizes the Secretary to issue general permits on a State, regional, or nationwide basis for activities in wetlands if such activities are similar in nature and will not result in the significant loss of ecologically significant wetlands values and functions. Exempts specified activities from this Act's requirements. Permits States or political subdivisions to submit land management plans for identified wetlands for the Secretary's approval. Authorizes and directs the Secretary to establish standards that govern the delineation of lands as wetlands. Prohibits more than 20 percent of any county, parish, or borough from being classified as Type A wetlands. Requires the Director of the U.S. Fish and Wildlife Service to undertake a project to identify and classify U.S. wetlands. Provides for public participation in such project and makes information concerning identification and classification available to the public. Authorizes the Secretary to commence civil actions for permit violations. Prescribes civil penalties for such violations. Authorizes States to administer permit programs for activities covered by this Act, subject to the Secretary's approval.
Bill· HRH.R. 2880 (102nd)referred
United States · United States Congress · 11 July 1991
Community Right-To-Know More Act of 1991 - Amends the Solid Waste Disposal Act to revise congressional findings, objectives, and national policy provisions. Title I: Expansion of Toxics Release Inventory - Requires owners or operators of facilities subject to toxic chemical release requirements under the Emergency Planning and Community Right-To-Know Act of 1986 that meet threshold requirements under this Act to include supplemental information comparable to that required in toxic chemical release forms for transfers or releases of chemicals that are: (1) priority pollutants relating to steam electric power point source pollutants under the Federal Water Pollution Control Act; (2) specified hazardous wastes listed under the Solid Waste Disposal Act; (3) specified chemicals listed under the Clean Air Act; (4) pesticides with respect to which the registration has been denied, cancelled, or is under suspension or pesticides undergoing administrative review or that are classified for restricted use; (5) chemicals listed under the Safe Drinking Water Act for which maximum contaminant levels have been proposed; (6) chemicals identified as carcinogens by the Carcinogen Assessment Group of the Environmental Protection Agency (EPA), the International Agency for Research on Cancer, or the National Toxicology Program; (7) extremely hazardous substances listed pursuant to the Emergency Planning and Community Right-To-Know Act of 1986; (8) chemicals listed in 90 California Regulatory Notice Register 990 as reproductive toxins; or (9) listed under the Emergency Planning and Community Right-To-Know Act of 1986 that are not used at a level that meets threshold requirements for reporting but are released to the environment or transferred to an offsite waste management facility in amounts meeting the threshold under this Act. Provides that a facility meets the threshold requirements with respect to a chemical listed under this Act if the facility: (1) uses the chemical at a level that meets the threshold requirement for reporting under the Emergency Planning and Community Right-To-Know Act of 1986; or (2) releases to the environment or transfers to an offsite waste management facility a chemical in an amount greater than or equal to 100 pounds annually in the case of metals or metal compounds or 2,000 pounds annually for any other chemical. Authorizes the EPA Administrator to establish lower thresholds for any chemical, user segment, or facility. Permits authorized States to establish lower thresholds for facilities in their jurisdictions. Authorizes the Administrator to delete a carcinogen or reproductive toxin from the list under this Act if it is not otherwise listed under this Act or the Emergency Planning and Community Right-To-Know Act of 1986. Applies toxic chemical release reporting requirements to facilities employing at least ten full-time employees that are not currently subject to such requirements, but meet threshold reporting requirements under this Act or the Emergency Planning and Community Right-To-Know Act of 1986. Title II: Toxics Use Reduction - Requires owners or operators of covered facilities to submit: (1) annual toxics use reduction reports for each covered chemical for which such facilities are required to file toxic chemical release forms or supplemental information pursuant to title I; and (2) annual plans for reducing the use of covered chemicals. Sets forth report and plan requirements and submission deadlines. Authorizes the Administrator to modify such plans. Requires the Administrator to establish an advisory board to determine a professional code of practice for toxics use reduction materials accounting and planning. Directs owners or operators of facilities in violation of standards, permit conditions, or regulations pertaining to the management or release of covered chemicals, upon the request of 50 citizens or employees, to establish a workplace toxic use reduction committee to provide ongoing dialogue and appraisal of the progress toward pollution prevention. Requires the committee to meet at least quarterly to review a facility's progress on toxics use reduction. Directs the Administrator to implement a strategy to promote toxics use reduction. Requires the Administrator, Federal agencies, and States or political subdivisions, in issuing or approving regulatory action under specified environmental, consumer protection, occupational health and safety, and energy Acts, to make toxics use reduction an integral part of the planning, decisionmaking, and rulemaking process. Authorizes the Administrator to require owners or operators of facilities to provide records and information and grants the Administrator access to records, products, or raw materials. Requires the Administrator to establish a technical assistance and research program to promote and study toxics use reduction. Directs the Administrator to analyze information on production units reported by facilities for purposes of classifying such units into groups that use similar production processes and covered chemicals. Authorizes the Administrator to classify such units into groups on the basis of industrial categories according to Standard Industrial Classification codes. Requires the Administrator to: (1) classify ten groups, to be referred to as user segments; (2) evaluate the reduction in the use and generation of covered chemicals by each production unit in each user segment; and (3) prepare and make available to the public an annual percentile ranking of each unit according to use and generation as byproduct. Authorizes the Administrator to promulgate regulations to establish minimum toxics use reduction performance requirements for production units in user segments. Sets forth regulation requirements. Applies provisions of the Emergency Planning and Community Right-To-Know Act of 1986 concerning trade secrets, the provision of information to health professionals, and public availability of information to toxics information under this Act. Waives Federal facility compliance with toxics use reduction and reporting requirements upon the request of the Secretary of Defense and the President's determination that such waiver is in the interest of national security. Directs the Administrator to study and report to the appropriate congressional committees on methods of encouraging the reporting of toxics information through the use of computer telecommunication and other means. Requires the Director of the Office of Technology Assessment to study and report to the Administrator and the Congress on the provision to the public of toxic release inventory information and related information required to be submitted to the Administrator. Prescribes civil and administrative penalties for violations of toxics use reduction and reporting requirements. Sets forth provisions concering civil actions with respect to such violations. Requires the Administrator to establish a grant program to assist States and local governments in establishing innovative toxics use reduction programs. Directs States to make 75 percent of a grant available to local governments for carrying out toxics use reduction. Bases the awarding of grants on the extent to which chemical substances are manufactured, processed, used, and disposed of in a State, the extent of exposure to such substances in a State, and the population density of a State. Authorizes appropriations for such grants and for toxics use reduction under this Act. Requires the Administrator to: (1) implement a procurement policy that reduces, avoids, or eliminates the acquisition of agency procurement items made with or containing covered chemicals and hazardous secondary materials; and (2) make recommendations to the Congress for a national toxics use reduction procurement policy covering all procuring agencies, Federal facilities, and government contractors. Amends the Pollution Prevention Act of 1990 to increase the amounts authorized to be appropriated for functions under such Act and to increase and extend the authorization of appropriations for technical assistance grants to States. Title III: Waste Stream Reporting - Amends the Solid Waste Disposal Act to revise recordkeeping and reporting requirements for hazardous waste generators. Directs hazardous waste generators to report annually to the Administrator and authorized State agencies on the quantity of hazardous waste generated from each catastrophic event, remedial action, or one-time event not associated with production processes. Sets forth reporting requirements for generators of solid waste in amounts in excess of 11,000 pounds a month and for facilities managing solid and certain special wastes generated by fossil fuels combustion, mining, and activities involving cement kilns. Reqiures the Administrator to: (1) maintain publicly accessible databases for hazardous, solid, and special waste stream data reported under this Act; (2) make the data accessible on a cost reimbursable basis; and (3) report to the Congress on links between EPA databases and changes that would facilitate links between all major EPA operations.
Resolution· HCONRESH.Con.Res. 180 (102nd)referred
United States · United States Congress · 11 July 1991
Affirms the U.S. commitment to implement the recommendations contained in the Amsterdam Declaration adopted by the International Forum on Population in the Twenty-First Century, in particular the recommendations that countries and donors: (1) increase their political commitment to population programs and policies and take into account the principles of the World Population Plan of Action of 1974; (2) contribute to the development of comprehensive population goals and objectives and take into account the review of population experience conducted by the United Nations Population Fund; (3) adopt integrated population, environmental, and natural resource management policies; (4) provide the financial resources to reach the medium variant population projection by the year 2000; (5) improve the role and status of women and ensure that women participate in and benefit from population and development activities; (6) ensure that population programs provide education and counseling for young people and promote their participation in development activities; (7) guarantee all individuals the right to decide the number and spacing of their children and ensure that they have the information and means to do so; (8) take into account the results of the Forum in the formulation of international development strategies for specified United Nations conferences; (9) support research for family planning and expedite distribution of existing methods; (10) respond positively to requests for population assistance and increase the proportion of development assistance going to population activities; (11) observe the priorities of, and harmonize, donor financial inputs and program procedures; and (12) coordinate population assistance with other donors. Urges all entities referred to in the Declaration to implement applicable recommendations. Sets forth the text of the Declaration.
Bill· SS. 1445 (102nd)referred
United States · United States Congress · 10 July 1991
Lead in Drinking Water Reduction Act of 1991 - Amends title XIV of the Public Health Service Act (the Safe Drinking Water Act) to set forth the requirements for the national primary drinking water regulation for lead. Applies such requirements to community and noncommunity water systems. Establishes a limit for lead in tap water. Provides that the maximum contaminant level goal for lead in drinking water is zero. Requires requirements set forth in this Act to supersede requirements concerning lead in drinking water promulgated by the Administrator of the Environmental Protection Agency (EPA) on May 6, 1991, except for requirements relating to analytical methods. Permits the Administrator to promulgate regulations concerning lead in drinking water only if they are more protective of human health than corresponding requirements of this Act. Provides that the maximum contaminant level for lead in effect before May 6, 1991, shall be effective upon this Act's enactment date. Sets forth deadlines by which water systems shall complete applicable corrosion controls treatment requirements. Deems a system to have optimized corrosion control and exempts a system from completion of corrosion control treatment steps if the system satisfies one of the following criteria: (1) in the case of a small- or medium-sized system, the system meets the tap water lead limit during two consecutive six-month monitoring periods; or (2) in the case of any water system, the system demonstrates to the State that it has conducted activities equivalent to applicable corrosion control steps required by this Act or it submits monitoring results that demonstrate for two consecutive six-month monitoring periods that the difference between the highest tap water lead concentration and the highest source water lead concentration is not detectable. Permits a small-or medium-sized water system to cease completion of treatment steps whenever such systems meet tap water lead limits during two consecutive monitoring periods and submit the results to the State. Sets forth corrosion control treatment steps and deadlines for large-, medium-, and small-sized systems. Requires small- and medium-sized systems exceeding the tap water lead limit to recommend installation of at least one of the following corrosion control treatments: (1) alkalinity and pH adjustment; (2) calcium hardness adjustment; and (3) the addition of a phosphate or silicate corrosion inhibitor to maintain an effective residual concentration in test tap samples. Authorizes a State to require such systems to perform specified corrosion control studies to identify optimal corrosion control treatment. Sets forth study requirements. Requires a State to approve the option recommended by the system or to designate alternative treatments. Directs systems to install and operate the treatments designated by the State. Requires States to evaluate the results of lead tap and water quality parameter samples submitted by water systems to determine whether a system has properly installed and operated the designated corrosion control treatment. Directs States to designate: (1) a minimum range of values for pH measured at each entry point to the distribution system; (2) a minimum pH value measured in all tap samples; (3) a minimum range of concentrations for a corrosion inhibitor (if used) measured at each entry point to the system and in all tap samples; (4) a minimum range of concentrations for alkalinity (if alkalinity is adjusted) measured at each entry point to the system and in all tap samples; and (5) a minimum range of concentrations for calcium measured in all tap samples (if calcium carbonate stabilization is used as part of corrosion control). Requires systems to maintain water quality parameter values at or above minimum values or within ranges designated by a State. Authorizes States to modify optimal corrosion control treatment or water quality parameters, subject to certain conditions. Establishes a maximum contaminant level for lead in source water. Requires public water systems that fail to meet the tap water lead limit to replace lead service lines. Directs a system to replace such lines at an annual rate that will replace 20 percent of the lead lines or ten percent of all service lines, whichever results in replacement of a greater number of lead service lines. Sets forth a replacement schedule. Provides for extensions of replacement deadlines upon the application of a system with a large number of lead service lines in the distribution system. Exempts a system from replacement requirements if the State determines that the service line does not contribute to tap water lead concentrations in excess of ten parts per billion. Requires a system to replace the entire service line unless it demonstrates to the State that it controls less than the entire service line. Sets forth requirements for replacing portions of service lines. Presumes that a system controls the entire lead service line (up to the building inlet) unless the State determines that it does not have the following forms of control over the entire line: (1) legal authority; (2) authority to set standards for construction or maintenance or to replace, repair, or maintain the line; or (3) ownership of the line. Provides for shorter replacement schedules, where feasible. Permits a system to cease replacing such lines whenever the tap water samples meet lead limits during two consecutive monitoring periods and the results are submitted to the State. Requires States to establish programs to encourage public water systems to: (1) provide a voluntary service of referring building owners in a system's service area to approved contractors to remove lead plumbing, fixtures, or solder from the buildings; and (2) offer to fund such removal and to bill their water customers in a manner that allows easy payment for such removal. Directs the Administrator to distribute a model State program. Requires water systems that exceed the tap water limit to deliver certain public education materials and public service announcements with respect to lead in drinking water. Sets forth required texts of such materials. Provides that in communities where a significant proportion of the population speaks a language other than English, such materials shall be communicated in the appropriate languages. Sets forth delivery requirements with respect to such materials. Permits a system to discontinue delivery if the system has met the tap water lead limit during the most recent six-month monitoring period. Requires systems failing to meet such limit to offer to sample the tap water of any customer who requests such sampling. Directs systems which fail to comply with a maximum contaminant level for lead or any related requirement to notify persons served by such systems of the violation. Requires water systems to complete a materials evaluation of their distribution systems to identify a pool of targeted sampling sites sufficiently large to ensure the collection of required lead tap samples. Prohibits faucets with devices designed to remove inorganic contaminants from being included as sampling sites. Requires systems to use information relating to special monitoring for corrosivity characteristics when conducting materials evaluations. Sets forth sources of information to be used when such systems' information is insufficient to locate the requisite number of lead sampling sites. Sets forth required sampling sites. Requires water systems whose distribution systems contain lead service lines to draw 50 percent of samples from sites that contain lead pipes or copper pipes with lead solder and 50 percent of those samples to be from sites served by a lead service line. Designates tap samples collected for lead (except for lead service line samples) as first draw samples. Requires: (1) first draw tap samples for lead to be one liter in volume and to have stood motionless in the plumbing system of each sampling site for at least six hours; and (2) service line samples to be one liter in volume and to have stood motionless in the lead service line for at least six hours. Sets forth collection requirements. Requires systems to collect at least one sample during each monitoring period (at six-month intervals) from the number of sites listed under this Act. Bases the number of sites required to be monitored on the size of the system. Provides for reduced monitoring for systems that meet lead limits during consecutive monitoring periods. Requires water systems that exceed the tap water lead limit to monitor water quality parameters. Provides that tap samples shall be representative of water quality throughout a distribution system, taking into account the number of persons served, the different sources of water, the different treatment methods, and seasonal variability. Requires samples collected at entry points to distribution systems to be from locations representative of sources after treatment. Directs systems to collect two tap samples for water quality parameters at six-month intervals. Bases the number of sites required to be monitored on the size of the system. Sets forth parameters to be measured and general monitoring requirements. Provides for reduced monitoring for systems that maintain the range of values for water quality parameters during consecutive monitoring periods. Requires systems to collect (at six-month intervals) lead source water samples in accordance with requirements specified in regulations of the Administrator relating to inorganic chemical sampling. Provides for reduced monitoring for systems using groundwater, surface water, or a combination of the two which demonstrate that finished drinking water entering distribution systems has been maintained below the source water maximum contaminant level during specified consecutive periods. Requires systems to: (1) report to States on tap water samples, source water monitoring, corrosion control treatment, lead service line replacements, and public education requirements; and (2) submit to States annually a letter certifying the extent of compliance with such requirements. Sets forth recordkeeping and reporting requirements for public water systems. Sets forth provisions concerning EPA review of State determinations concerning drinking water regulation for lead. Provides that issuance of a final order by the Administrator shall constitute requirements of the national primary drinking water regulation for lead and shall supersede any inconsistent State treatment requirements. Withdraws enforcement responsibility from States which fail to implement this Act's requirements for public water systems. Authorizes States to require public water systems to use bottled water or other means as a condition of: (1) granting variances or exemptions from requirements of the national primary drinking water regulations to avoid an unreasonable health risk; or (2) granting an exemption from corrosion control treatment requirements for lead or source water and lead service line replacement requirements to avoid such risk. Requires systems that used bottled water as a condition for receiving a variance or exemption to meet specified requirements, including: (1) a State-approved monitoring program for bottled water or a certification from the bottled water company that the water has been taken from an approved source (as defined by the Administrator of the Food and Drug Administration) and the company has conducted monitoring; and (2) the provision of sufficient quantities of bottled water to every person supplied by the public water system. Prohibits the EPA Administrator from promulgating any national primary drinking water regulations under the Public Health Service Act which are based on an action level in lieu of a maximum contaminant level or a treatment technique prescribed by such Act. Voids any such regulations promulgated before this Act. Requires the Administrator to promulgate drinking water regulations consistent with such Act for any contaminant, other than lead, for which regulations are voided. Directs local educational agencies to complete testing for lead contamination in drinking water from coolers and other drinking water outlets at schools under their jurisdiction. Requires the Administrator to revise a guidance document and protocol concerning lead in school drinking water to provide for follow-up sampling and to recommend remedial steps whenever the lead concentration exceeds a specified level. Directs local educational agencies, if lead concentration in such water exceeds such level, to submit to school personnel, parents of children, and the agency with primary enforcement responsibility for the public water system serving the school a lead disclosure statement and a description of actions to be taken in response to test results. Requires (currently, permits) grants made to States for programs regarding lead in school drinking water to be used to reimburse local educational agencies for expenses incurred in testing and remedial action. Extends the authorization of appropriations for such grants. Imposes civil penalties upon local educational agencies that fail to comply with requirements for testing and remedying lead in school drinking water. Requires pipe fittings and fixtures used in public water systems or in plumbing providing water for human consumption to be lead-free. Makes it unlawful to: (1) introduce into commerce any pipe, pipe fitting, or fixture that is not lead free; (2) sell solder or flux plumbing supplies which are not lead free; or (3) introduce into commerce any solder or flux which is not lead free unless such solder or flux bears a label stating that it is illegal to use such materials in the installation or repair of plumbing providing water for human consumption. Revises the definition of "lead free" to provide that four years after this Act's enactment, such term refers to pipes, pipe fittings, fixtures, solder, and flux that have no lead content or that have been certified as lead free by the Administrator. Prescribes civil penalties for violations of such prohibitions. Applies provisions authorizing citizens' civil actions against the Administrator for violations of safety requirements for public water systems to States with primary enforcement responsibility. Applies recordkeeping and inspection provisions of the Safe Drinking Water Act to any person subject to requirements of this Act.
Bill· HRH.R. 2840 (102nd)open
United States · United States Congress · 10 July 1991
Lead Contamination Control Act Amendments of 1991 - Amends the Public Health Service Act to revise provisions concerning grants for lead poisoning prevention programs to authorize grants to public and nonprofit entities (currently, State and local governments). Requires priority in making grants to be given to applications for programs that will serve areas with a high incidence of elevated blood-lead levels in infants and children. Prohibits the Secretary of Health and Human Services from making such grants unless, in the case of any service that is made available pursuant to the State plan approved under title XIX of the Social Security Act (Medicaid) for the State involved, the grant applicant: (1) will provide the service directly and has entered into a participation agreement under the State plan and is qualified to receive payments under the plan; or (2) will enter into an agreement with a Medicaid provider under which the provider will provide the service and the provider has entered into a participation agreement and is qualified to receive such payments. Waives the requirement to enter into an agreement for such providers if the provider does not impose a charge or accept reimbursement from a third-party payor with respect to health care services. Prohibits grant recipients from making payments from the grant for any service to the extent that payment can reasonably be expected to be made for such service: (1) under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or (2) by an entity that provides health services on a prepaid basis. Waives such prohibition in the case of those providers through which the grantee provides services if the Secretary has provided a waiver with respect to secondary participation agreements. Extends the authorization of appropriations for the grant program through FY 1996. Sets forth the requirements for the national primary drinking water regulation for lead. Applies such requirements to community and noncommunity water systems. Establishes a limit for lead in tap water. Provides that the maximum contaminant level goal for lead in drinking water is zero. Requires requirements set forth in this Act to supersede requirements concerning lead in drinking water promulgated by the Administrator of the Environmental Protection Agency (EPA) on May 6, 1991, except for requirements relating to analytical methods. Permits the Administrator to promulgate regulations concerning lead in drinking water only if they are more protective of human health than corresponding requirements of this Act. Provides that the maximum contaminant level for lead in effect before May 6, 1991, shall be effective upon this Act's enactment date. Sets forth deadlines by which water systems shall complete applicable corrosion control treatment requirements. Deems a system to have optimized corrosion control and exempts a system from completion of corrosion control treatment steps if the system satisfies one of the following criteria: (1) in the case of a small- or medium-sized system, the system meets the tap water lead limit during two consecutive six-month monitoring periods; or (2) in the case of any water system, the system demonstrates to the State that it has conducted activities equivalent to applicable corrosion control steps required by this Act or it submits monitoring results that demonstrate for two consecutive six-month monitoring periods that the difference between the highest tap water lead concentration and the highest source water lead concentration is not detectable. Permits a small-or medium-sized water system to cease completion of treatment steps whenever such systems meet tap water lead limits during two consecutive monitoring periods and submit the results to the State. Sets forth corrosion control treatment steps and deadlines for large-, medium-, and small-sized systems. Requires small- and medium-sized systems exceeding the tap water lead limit to recommend installation of at least one of the following corrosion control treatments: (1) alkalinity and pH adjustment; (2) calcium hardness adjustment; and (3) the addition of a phosphate or silicate corrosion inhibitor to maintain an effective residual concentration in test tap samples. Authorizes a State to require such systems to perform specified corrosion control studies to identify optimal corrosion control treatment. Sets forth study requirements. Requires a State to approve the option recommended by the system or to designate alternative treatments. Directs systems to install and operate the treatments designated by the State. Requires States to evaluate the results of lead tap and water quality parameter samples submitted by water systems to determine whether a system has properly installed and operated the designated corrosion control treatment. Directs States to designate: (1) a minimum range of values for pH measured at each entry point to the distribution system; (2) a minimum pH value measured in all tap samples; (3) a minimum range of concentrations for a corrosion inhibitor (if used) measured at each entry point to the system and in all tap samples; (4) a minimum range of concentrations for alkalinity (if alkalinity is adjusted) measured at each entry point to the system and in all tap samples; and (5) a minimum range of concentrations for calcium measured in all tap samples (if calcium carbonate stabilization is used as part of corrosion control). Requires systems to maintain water quality parameter values at or above minimum values or within ranges designated by a State. Authorizes States to modify optimal corrosion control treatment or water quality parameters, subject to certain conditions. Establishes a maximum contaminant level for lead in source water. Requires public water systems that fail to meet the tap water lead limit to replace lead service lines. Directs a system to replace such lines at an annual rate that will replace 20 percent of the lead lines or ten percent of all service lines, whichever results in replacement of a greater number of lead service lines. Sets forth a replacement schedule. Provides for extensions of replacement deadlines upon the application of a system with a large number of lead service lines in the distribution system. Exempts a system from replacement requirements if the State determines that the service line does not contribute to tap water lead concentrations in excess of ten parts per billion. Requires a system to replace the entire service line unless it demonstrates to the State that it controls less than the entire service line. Sets forth requirements for replacing portions of service lines. Presumes that a system controls the entire lead service line (up to the building inlet) unless the State determines that it does not have the following forms of control over the entire line: (1) legal authority; (2) authority to set standards for construction or maintenance or to replace, repair, or maintain the line; or (3) ownership of the line. Provides for shorter replacement schedules, where feasible. Permits a system to cease replacing such lines whenever the tap water samples meet lead limits during two consecutive monitoring periods and the results are submitted to the State. Requires States to establish programs to encourage public water systems to: (1) provide a voluntary service of referring building owners in a system's service area to approved contractors to remove lead plumbing, fixtures, or solder from the buildings; and (2) offer to fund such removal and to bill their water customers in a manner that allows easy payment for such removal. Directs the Administrator to distribute a model State program. Requires water systems that exceed the tap water limit to deliver certain public education materials and public service announcements with respect to lead in drinking water. Sets forth required texts of such materials. Provides that in communities where a significant proportion of the population speaks a language other than English, such materials shall be communicated in the appropriate languages. Sets forth delivery requirements with respect to such materials. Permits a system to discontinue delivery if the system has met the tap water lead limit during the most recent six-month monitoring period. Requires systems failing to meet such limit to offer to sample the tap water of any customer who requests such sampling. Directs systems which fail to comply with a maximum contaminant level for lead or any related requirement to notify persons served by such systems of the violation. Requires water systems to complete a materials evaluation of their distribution systems to identify a pool of targeted sampling sites sufficiently large to ensure the collection of required lead tap samples. Prohibits faucets with devices designed to remove inorganic contaminants from being included as sampling sites. Requires systems to use information relating to special monitoring for corrosivity characteristics when conducting materials evaluations. Sets forth sources of information to be used when such systems' information is insufficient to locate the requisite number of lead sampling sites. Sets forth required sampling sites. Requires water systems whose distribution systems contain lead service lines to draw 50 percent of samples from sites that contain lead pipes or copper pipes with lead solder and 50 percent of those samples to be from sites served by a lead service line. Designates tap samples collected for lead (except for lead service line samples) as first draw samples. Requires: (1) first draw tap samples for lead to be one liter in volume and to have stood motionless in the plumbing system of each sampling site for at least six hours; and (2) service line samples to be one liter in volume and to have stood motionless in the lead service line for at least six hours. Sets forth collection requirements. Requires systems to collect at least one sample during each monitoring period (at six-month intervals) from the number of sites listed under this Act. Bases the number of sites required to be monitored on the size of the system. Provides for reduced monitoring for systems that meet lead limits during consecutive monitoring periods. Requires water systems that exceed the tap water lead limit to monitor water quality parameters. Provides that tap samples shall be representative of water quality throughout a distribution system, taking into account the number of persons served, the different sources of water, the different treatment methods, and seasonal variability. Requires samples collected at entry points to distribution systems to be from locations representative of sources after treatment. Directs systems to collect two tap samples for water quality parameters at six-month intervals. Bases the number of sites required to be monitored on the size of the system. Sets forth parameters to be measured and general monitoring requirements. Provides for reduced monitoring for systems that maintain the range of values for water quality parameters during consecutive monitoring periods. Requires systems to collect (at six-month intervals) lead source water samples in accordance with requirements specified in regulations of the Administrator relating to inorganic chemical sampling. Provides for reduced monitoring for systems using groundwater, surface water, or a combination of the two which demonstrate that finished drinking water entering distribution systems has been maintained below the source water maximum contaminant level during specified consecutive periods. Requires systems to: (1) report to States on tap water samples, source water monitoring, corrosion control treatment, lead service line replacements, and public education requirements; and (2) submit to States annually a letter certifying the extent of compliance with such requirements. Sets forth recordkeeping and reporting requirements for public water systems. Sets forth provisions concerning EPA review of State determinations concerning drinking water regulation for lead. Provides that issuance of a final order by the Administrator shall constitute requirements of the national primary drinking water regulation for lead and shall supersede any inconsistent State treatment requirements. Withdraws enforcement responsibility from States which fail to implement this Act's requirements for public water systems. Authorizes States to require public water systems to use bottled water or other means as a condition of: (1) granting variances or exemptions from requirements of the national primary drinking water regulations to avoid an unreasonable health risk; or (2) granting an exemption from corrosion control treatment requirements for lead or source water and lead service line replacement requirements to avoid such risk. Requires systems that use bottled water as a condition for receiving a variance or exemption to meet specified requirements, including: (1) a State-approved monitoring program for bottled water or a certification from the bottled water company that the water has been taken from an approved source (as defined by the Administrator of the Food and Drug Administration) and the company has conducted monitoring; and (2) the provision of sufficient quantities of bottled water to every person supplied by the public water system. Prohibits the EPA Administrator from promulgating any national primary drinking water regulations under the Public Health Service Act which are based on an action level in lieu of a maximum contaminant level or a treatment technique prescribed by such Act. Voids any such regulations promulgated before this Act. Requires the Administrator to promulgate drinking water regulations consistent with such Act for any contaminant, other than lead, for which regulations are voided. Directs local educational agencies to complete testing for lead contamination in drinking water from coolers and other drinking water outlets at schools under their jurisdiction. Requires the Administrator to revise a guidance document and protocol concerning lead in school drinking water to provide for follow-up sampling and to recommend remedial steps whenever the lead concentration exceeds a specified level. Directs local educational agencies, if lead concentration in such water exceeds such level, to submit to school personnel, parents of children, and the agency with primary enforcement responsibility for the public water system serving the school a lead disclosure statement and a description of actions to be taken in response to test results. Requires (currently, permits) grants made to States for programs regarding lead in school drinking water to be used to reimburse local educational agencies for expenses incurred in testing and remedial action. Extends the authorization of appropriations for such grants. Imposes civil penalties upon local educational agencies that fail to comply with requirements for testing and remedying lead in school drinking water. Requires pipe fittings and fixtures used in public water systems or in plumbing providing water for human consumption to be lead-free. Makes it unlawful to: (1) introduce into commerce any pipe, pipe fitting, or fixture that is not lead free; (2) sell solder or flux plumbing supplies which are not lead free; or (3) introduce into commerce any solder or flux which is not lead free unless such solder or flux bears a label stating that is illegal to use such materials in the installation or repair of plumbing providing water for human consumption. Revises the definition of "lead free" to provide that four years after this Act's enactment, such term refers to pipes, pipe fittings, fixtures, solder, and flux that have no lead content or that have been certified as lead free by the Administrator. Prescribes civil penalties for violations of such prohibitions. Applies provisions authorizing citizens' civil actions against the Administrator for violations of safety requirements for public water systems to States with primary enforcement responsibility. Applies recordkeeping and inspection provisions of the Safe Drinking Water Act to any person subject to requirements of this Act. Directs the Secretary to establish programs to: (1) accredit individuals to train lead inspectors to comply with lead inspection standards and deleaders to comply with lead abatement standards; (2) license lead inspectors and deleaders; and (3) certify laboratories as qualified to test substances for lead. Requires the Secretary to maintain lists (by State or metropolitan area) of licensed lead inspectors and deleaders, accredited instructors, and certified laboratories. Makes such lists available to the public. Provides for annual fees for accreditations, certifications, or licensings. Authorizes suspensions or revocations whenever the Secretary determines that the holder of an accreditation, license, or certification has violated relevant requirements. Directs the Secretary to: (1) report on methods and devices available to inspect for lead paint and lead hazards and to abate lead hazards; and (2) promulgate standards for the performance of lead inspections and lead abatement of covered premises. Sets forth requirements for lead inspection and abatement standards. Permits petitions for the modification of such standards to include or delete an inspection or abatement methods or device. Prohibits: (1) the performance of a lead inspection or lead abatement of a covered premise for compensation, except in compliance with such standards; (2) the sale or distribution in interstate commerce of any device for lead inspection or abatement, unless the device is approved under such standards. Directs the Secretary to promulgate regulations for the disclosure of indoor lead paint and lead hazards. Requires persons who sell or lease covered residential premises to provide purchasers or lessees with lead hazard inspection reports (and, in cases where a lead hazard is present, with lead disclosure statements) before such individuals are obligated to purchase or lease the premises. Directs persons who perform renovations of covered premises for compensation to provide lead disclosure statements to owners and occupants prior to commencing renovations. Requires the Secretary to publish and periodically revise a standard lead disclosure statement. Sets forth statement requirements. Requires the Secretary to undertake a public education program to inform the public about the risks of lead poisoning and the requirements for lead inspection, abatement, and disclosure. Directs the Secretary to require local educational agencies to conduct lead inspections for covered schools or day care centers and to provide all school or day care personnel and parents of children attending the school or day care center with a copy of the inspection report and disclosure statement (as well as response actions) in each case in which a lead hazard is detected. Requires the Secretary to make grants to States for assisting such agencies in testing for, and abating, lead hazards in schools and day care centers. Authorizes appropriations. Authorizes States which seek to administer the indoor lead contamination program to submit programs to the Secretary. Provides for the approval of programs that are at least as protective of human health and welfare as the Federal program and that provide for adequate enforcement. Requires the Secretary to promulgate a model State program. Prescribes civil penalties and authorizes civil actions for violations of indoor lead contamination inspection and abatement requirements. Applies Federal, State, interstate, and local lead hazard control requirements to Federal facilities in the same manner as such requirements apply to nongovernmental entities. Authorizes the Secretary to promulgate rules under which an Indian tribe may be treated as a State for purposes of such requirements. Amends the Federal Food, Drug, and Cosmetic Act to deem a food to be adulterated if: (1) it is packaged in a can or other container that contains solder or flux with lead content; or (2) it contains lead, unless the Secretary of Health and Human Services has determined that the level of lead contained in the food is safe. Directs the Secretary to promulgate regulations to establish standards, testing, and certification procedures with respect to lead in ceramic and crystal ware as are necessary to make food that contacts such ware safe. Prohibits the introduction into interstate commerce of any ceramic or crystal ware that has not been certified as safe with respect to lead by the Secretary.
Bill· HRH.R. 2866 (102nd)referred
United States · United States Congress · 10 July 1991
National Alternative Fuels and Motor Vehicles Act of 1991 - Title I: Alternative Transportation Fuels - Authorizes the Secretary of Energy (Secretary), in consultation with the Administrator of the Urban Mass Transportation Administration, to enter into cooperative agreements and joint ventures proposed by any municipal, county, or regional transit authority in an urban area with a population over 100,000 to demonstrate the feasibility of using natural gas or other alternative fuels for mass transit. Authorizes appropriations for FY 1992, 1993, and 1994. Directs the Secretary, in consultation with the Environmental Protection Agency and the Secretary of Transportation, to establish and carry out a program to provide financial assistance to encourage the development and commercialization of natural gas and other alternative fuels for use in fleets. Requires such program to provide for the purchase or construction of alternative fuel vehicles and associated refueling equipment. Authorizes appropriations for FY 1992, 1993, and 1994. Directs the Secretary of Labor to establish and carry out a training and certification program for technicians who are responsible for vehicle installation of equipment that converts gasoline or diesel-fueled vehicles to alternative fuel vehicles, and for the maintenance of such converted vehicles. Authorizes appropriations for FY 1992, 1993, and 1994. Directs the Secretary to carry out a program of research, development, and demonstration on techniques related to improving natural gas and other alternative fuel vehicle technology. Authorizes appropriations for FY 1992, 1993, and 1994. Directs the Secretary, within six months of enactment of this Act, to: (1) institute a program to educate consumers of the costs of alternative fuels; (2) report to the Congress on the purchasing policies of the Federal Government which inhibit or prevent the purchase by the Government of alternative fuel vehicles; and (3) report to the Congress on Federal, State, and local traffic control measures and policies and how the use of alternative fuel vehicles could be promoted by granting such vehicles exemptions or preferential treatment. Amends the Natural Gas Act, the Public Utility Holding Company Act, and the Natural Gas Policy Act of 1978 to provide for Federal regulation of the sale of vehicular natural gas. Allows the Secretary to assist State governments in establishing an office of alternative fuels. Requires funds to be available for funding alternative fuel programs established by such offices. Authorizes appropriations for FY 1992, 1993, and 1994. Title II: Alternative Fuel Fleet Requirements - Requires any person who owns, operates, leases, or otherwise controls a covered fleet to purchase, lease, or otherwise acquire alternative fuel vehicles from 1995 to 2000. Sets forth the percentages for such years from ten percent to 90 percent, respectively. Sets forth exceptions to such requirement and civil penalties for violations.
Bill· SS. 1440 (102nd)referred
United States · United States Congress · 9 July 1991
National Scenic Coastal Area System Act - Establishes the National Scenic Coastal Area System, to be administered by the Secretary of the Interior. Requires the Secretary to establish an office to: (1) provide assistance to State or local governments; (2) review proposed coastal area plans and applications for cost-sharing grants; and (3) monitor the implementation of such plans. Directs the Secretary to specify criteria for the designation of scenic coastal areas that encourage biogeographic diversity and the representation of important coastal landscapes within the system. Requires the Secretary to provide advisory and technical assistance to State or local governments or scenic coastal area commissions in the preparation of preliminary studies and plans required by this Act. Provides for public participation in the conduct of such studies and plans. Sets forth purposes of preliminary studies. Requires study findings to be submitted to State Governors and legislatures for determinations on whether to nominate a scenic coastal area for inclusion in the system. Requires coastal area plans for nominated areas to be prepared and implemented under the guidance of a scenic coastal area commission. Permits commissions to be established by State Governors or other units of State or local government that have the power to establish such commissions. Sets forth duties of commissions and required elements of scenic coastal area plans. Requires plans to be submitted to the Secretary for approval. Includes a scenic coastal area within the system upon enactment of a law approving a coastal area plan submitted to the Congress. Authorizes the Secretary to make grants to pay up to 50 percent of the following costs: (1) the costs to a State or local government or commission in preparing a plan; (2) the direct transaction costs to a donor in making and a State or local government or a land trust in accepting donation of land or an interest in land in a scenic coastal area; (3) the costs of a State or local government or a land trust in purchasing land or an interest in land and managing it in accordance with a plan; and (4) the costs of constructing and maintaining scenic overlooks on highways in or overlooking such areas and road access to such areas and public facilities. Restricts Federal actions in such areas to activities that are consistent with plan requirements. Authorizes appropriations.
Bill· HRH.R. 2835 (102nd)open
United States · United States Congress · 9 July 1991
Intelligent Vehicle-Highway Systems Act of 1991 - Directs the Secretary of Transportation to conduct a program to promote and facilitate the implementation of Intelligent Vehicle-Highway Systems (IVHS) as a component of the nation's surface transportation systems to enhance the capacity, efficiency, and safety of the Federal-aid highway system, reduce societal, economic, and environmental costs associated with traffic congestion, and enhance U.S. industrial and economic competitiveness and productivity. Requires the Secretary to: (1) coordinate an IVHS program and foster its use; (2) develop and implement standards to promote the widespread use and evaluation of IVHS technology (to the extent practicable, promoting compatibility among IVHS technologies implemented throughout the States); (3) establish guidelines and requirements for the evaluation of field and related operational tests; and (4) establish a repository for technical and safety data collected as a result of federally sponsored projects pursuant to this Act. Authorizes the Secretary to utilize advisory committees in carrying out responsibilities under this Act. Directs the Secretary: (1) within 12 months, to formulate (and submit to the Congress) a strategic plan for the IVHS program; (2) within 24 months and annually thereafter, to submit reports to the Congress on implementation of such plan; and (3) within 24 months, to submit a report to the Congress (and within five years, to update such report) addressing the non-technical constraints to all aspects of the innovation of such program, including antitrust, privacy, staffing, patent, and liability concerns, recommending legislation and administrative action, and addressing ways to further promote industry and State and local government involvement in such program. Authorizes the Secretary to: (1) provide planning and technical assistance to State and local governments seeking to use and evaluate IVHS technologies; and (2) make grants for feasibility and planning studies to be conducted by State and local governments. Sets forth provisions with respect to funding and eligibility requirements and priorities for funding projects. Directs the Secretary to: (1) designate transportation corridors in which application of IVHS will have particular benefit and, through financial and technical assistance, assist in the implementation of such systems; and (2) allocate funds for such purpose to eligible State and local entities for application in corridors having several of specified characteristics, such as traffic density at least 1.5 times the national average, severe or extreme nonattainment for ozone, and complexity of traffic patterns. Specifies that the Federal share for activities authorized pursuant to this Act shall be 80 percent of the cost.
Bill· HRH.R. 2836 (102nd)open
United States · United States Congress · 9 July 1991
Pipeline Safety Reauthorization Act of 1991 - Title I: Natural Gas - Natural Gas Pipeline Safety Authorization Act of 1991 - Amends the Natural Gas Pipeline Safety Act of 1968 (NGPSA) to revise the definition of "transportation of gas" to include the control of natural gas being delivered in consumer-owned pipe. Authorizes only a State agency that has submitted a current certification of jurisdiction and enforcement to adopt additional or more stringent safety standards for such intrastate pipeline transportation if they are compatible with the Federal minimum pipeline safety standards. (Currently a State agency may adopt more stringent standards even if it does not submit a current certification.) Authorizes the Secretary of Transportation (Secretary) to extend Federal Safety standards requiring new gas transmission facilities to accommodate instrumented internal inspection devices (smart pigs) to require that existing transmission facilities be modified to accommodate such devices. Excludes municipalities from the meaning of "State agency" in such Act to the extent that: (1) Federal pipeline safety standards shall not apply to intrastate gas pipeline transportation when similar safety standards are regulated by State agencies; and (2) in certain cases, the Secretary may enter into an agreement authorizing a State agency to assume responsibility for enforcing Federal safety standards for intrastate gas pipeline transportation. Changes from $5,000 to an amount established by the Secretary the threshold amount of property damage per accident that State annual certifications must report on regarding gas pipeline accidents within the State during the preceding 12 months. Increases from $10,000 to $25,000 the civil penalty per day for violations of Federal pipeline safety inspection and maintenance standards committed by persons engaged in the transportation of gas or pipline facility operators. Grants jurisdiction to district courts to order persons who refuse to obey a subpeona or allow authorized persons to conduct Federal gas pipelines safety standard compliance inspections or record examinations to comply with such orders or be found in contempt of court. Authorizes the Secretary to request the Attorney General to request such court enforcement of subpoenas. Authorizes the Secretary to: (1) assess costs incurred by the Department of Transportation in monitoring the design and construction of gas pipeline facilities prior to their operation; and (2) collect them from the persons responsible for the development of such facilities. Requires such assessments to be deposited into the Pipeline Safety Fund to pay such costs. Requires the Secretary to submit to the Congress on August 15 (currently, April 15) of each year a report on the administration of Federal gas pipeline safety standards during the preceding calendar year. Authorizes appropriations for FY 1992 and 1993. Title II: Hazardous Liquids - Hazardous Liquid Pipeline Safety Authorization Act of 1991 - Amends the Hazardous Liquid Pipeline Safety Act of 1979 (HLPSA) to require Federal safety standards established by the Secretary for the transportation of hazardous liquids and pipeline facilities to be designed to meet the need for the protection of the environment. Requires operators of hazardous liquid pipeline facilities to report to the Secretary any condition that constitutes a hazard to the environment. Requires the Secretary in prescribing such standards to consider the extent to which they will contribute to environmental protection. Makes changes to the HLPSA similar to those in the NGPSA with respect to: (1) the necessity of a current certification for any State agency that would adopt additional or more stringent safety standards for intrastate pipeline facilities; (2) authority to require existing hazardous liquid pipeline facilities to be modified to accommodate instrumented internal inspection devices; (3) changes in threshold dollar amount of property damages that must be reported in State certifications regarding hazardous liquid pipeline accidents; (4) increases in civil penalties for violations of Federal pipeline safety inspection and maintenance standards; (5) district court jurisdiction to order persons to comply with Federal hazardous liquid pipeline safety standard inspections or record examinations; (6) the levy of assessments for costs incurred by the Department of Transportation in monitoring the design and construction of hazardous liquid pipeline facilities prior to their operation; and (7) the submission of a report on the administration of Federal hazardous liquid pipeline standards during the preceding year. Directs the Secretary to require operators of hazardous liquid pipeline facilities to provide information that includes, among other things, an accurate map, including geographic description of environmentally sensitive areas, showing the location of such operator's facilities. (Currently such description need not refer to such areas.) Requires the Secretary to order a person operating a hazardous liquid pipeline facility to take corrective action whenever he or she finds that such facility is hazardous to the environment. Requires the Secretary when making such findings to consider, if relevant, the aspects of the areas in which the pipeline facility is located, particularly, among other factors, proximity to environmentally sensitive areas. Requires the Secretary in determining the adequacy of inspection and maintenance plans of persons who engage in the transportation of hazardous liquids or own or operate pipeline facilities to consider, among other factors, the extent to which such plans will contribute to the protection of the environment. Revises criteria the Secretary must use when making recommendations as to the frequency and type of testing and inspection of hazardous liquid pipeline facilities to include consideration of the proximity of such facilities to environmentally sensitive areas. Authorizes appropriations for FY 1992 and 1993.
Bill· HRH.R. 2831 (102nd)referred
United States · United States Congress · 9 July 1991
Impacted Communities Assistance Act of 1991 - Directs the Administrator of General Services to assume jurisdiction over that part of the real property of a closed military installation which is suitable for transfer as soon as the Secretary of Defense: (1) closes such installation; and (2) renders the transferrable property environmentally safe in accordance with Federal law. Directs the Administrator, as soon as possible after assuming such jurisdiction, to offer title to such real property first to the local community affected by the closure of such military installation. Provides that if the local community refuses such property (or fails to accept such property within six months), the Administrator shall offer the property successively to the county involved, the State of the installation, other Federal departments and agencies, and the highest bidder. Provides for the disposition of property located in more than one local community or county. Authorizes the Secretary or the Administrator to sever from property so transferred that property not suitable for transfer because of environmental concerns or other valid reasons, including a finding that development of such property would destroy an environmental heritage. Requires the Secretary and the Administrator to include appropriate representatives of the local community in all discussions and decisions concerning the disposition of a closed military installation. Requires the local community, county, or State receiving such property to agree: (1) that if the property is sold within ten years after the date of conveyance, the entity involved must pay the United States 25 percent of the proceeds from such sale; (2) to make available to the Comptroller General all necessary information; and (3) to such other terms and conditions as determined necessary by the Administrator to ensure the acceptance of such property at the earliest possible date by the impacted community. Outlines actions to be taken by the Administrator if a local community, county, or State fails to comply with any such condition. Authorizes appropriations.
Report· Rapport d'information1990-445introduced
France · Senate · 3 July 1991
L'Agence européenne pour l'environnement
Bill· SS. 1435 (102nd)open
United States · United States Congress · 2 July 1991
International Security and Economic Cooperation Act of 1991 - Title I: Statement of Policy; Development Assistance Programs - Amends the Foreign Assistance Act of 1961 to revise policy provisions. Declares that assistance provided under such Act, the Arms Export Control Act, and any Act authorizing or appropriating funds for use under such Acts should serve the following goals: (1) to promote and consolidate democratic values and institutions; (2) to promote U.S. national security interests and peace; (3) to promote economic growth through competitive markets with equitable distribution of benefits; (4) to promote human resource development and meet urgent humanitarian needs; and (5) to protect against transnational threats. States that development assistance programs should have the following four objectives: (1) to address the problem of poverty; (2) to promote broad-based free market economies and sustainable economic growth; (3) to promote improved environmental, natural resource, and agricultural management in developing countries; and (4) to promote democracy and political, social, and economic pluralism. Expresses the sense of the Congress that the United States should: (1) concentrate development assistance in countries which will make the most effective use of such assistance; (2) focus development assistance on activities which the United States can provide most effectively and which meet the particular economic assistance requirements of a country; and (3) not provide assistance if the relevant sector or economic policies of a country are unfavorable to the sustainability or impact of the assisted project. Authorizes appropriations for FY 1992 and 1993 for agriculture, rural development, and nutrition assistance. Authorizes the President to furnish assistance to prevent and control acquired immune deficiency syndrome (AIDS). Declares that 45 percent of such assistance should be provided to the World Health Organization for use in financing its Global Program on AIDS. Calls upon the agency primarily responsible for administering development assistance (administering agency) to set as a goal the reduction of under five mortality rates by at least one-third by the year 2000. Authorizes appropriations for FY 1992 and 1993 for: (1) voluntary family planning; (2) health programs; (3) education, public administration, and human resource development; and (4) private sector, environment, energy, and special development activities. Prohibits funds authorized under the Foreign Assistance Act of 1961 that are intended for projects requiring environmental impact statements, assessments, or analyses from being obligated or expended prior to the consideration of public comment on any options connected with such projects. Prohibits funds authorized to be appropriated for such Act from being used for projects that would result in any significant loss of primary tropical forests. Directs the administrator of the administering agency to increase the involvement of private and voluntary organizations and cooperatives in assistance programs. Encourages the administrator to support development education programs. Increases the percentage of funds to be made available or channeled for each fiscal year (currently, FY 1986 through 1989) to private and voluntary organizations for specified development activities. Permits funds for child and mother health needs, the Child Survival Fund, and AIDS to be made available notwithstanding restrictions on assistance to foreign countries. Requires the administrator to ensure that: (1) development assistance activities incorporate the active participation of local women; (2) sex-disaggregated data is included in country development strategy statements for major sectors in which assistance is to be provided and in project papers and program assistance approval documents; (3) programs are designed so that the percentage of women who benefit from such assistance exceeds the approximate transitional level of participation of women in the sector for which assistance is being provided; and (4) program assistance evaluations include an assessment of the extent to which women are participating in the activity and the impact of the activity on the self-reliance of women and improving their incomes. Requires a specified amount to be made available each fiscal year as matching funds to support activities of the missions of the agency which demonstrate potential for integrating women into programs. Title II: Other Assistance Programs and Authorizations - Authorizes appropriations for FY 1992 and 1993 for American schools, libraries, and hospitals abroad. Expresses the sense of the Congress that: (1) U.S. citizens give every consideration to founding or sponsoring American schools in Eastern Europe and the Soviet Union to serve as study centers for U.S. ideas and practices; and (2) the American University of Blagoevgrad in Bulgaria is to be commended for its efforts in founding an American school to serve such purposes. Redesignates the private sector revolving fund as the private sector credit program. Eliminates provisions concerning funding, remittance of excess assets, fees, and the transfer of unobligated funds. Permits fees to be charged for guarantees and loans issued under the program. Limits the amount of contingent liability for guarantees in FY 1992 and 1993. Authorizes appropriations for FY 1992 and 1993 for administrative expenses of the program. Raises the ceiling on the principal amount of housing guaranties authorized to be issued under the worldwide shelter program. Continues the authority of the housing guaranty program through FY 1993. Repeals provisions concerning agricultural and productive credit and self-help community development programs. Provides that guaranties issued in connection with loans made for housing and infrastructure in Israel for Soviet refugees shall not be subject to specified face value limitations. Requires fees to be charged for housing guaranties. Raises the ceiling on the total face value of guaranties authorized to be issued with respect to any country in a fiscal year. Provides that the principal amount of guaranties issued shall be comparable to the amount issued for FY 1984, subject to dollar value limitations. Authorizes appropriations for FY 1992 and 1993 to pay the cost of guranties with a specified face value and for administrative expenses of the housing guaranty program. Permits the President to continue U.S. participation in, and make contributions to, the International Fund for Agricultural Development. Authorizes appropriations for FY 1992 and 1993 for specified United Nations programs and activities. Authorizes appropriations for the U.S. contribution to the United Nations University Endowment Fund. Limits such contribution to 25 percent of the total amount contributed to the Fund by other members. Provides that if Israel is denied its right to participate in any United Nations agency, the United States shall suspend its participation in, and contributions to, any such agency until the denial of rights is reversed. Authorizes appropriations for FY 1992 and 1993 for international disaster assistance and international narcotics control activities. Expresses the sense of the Congress that under specified conventions on narcotic drugs and psychotropic substances, the parties are required to criminalize drug related activities, provide severe penalties, and cooperate in the extradition of accused offenders. Revises the authorities of the Director of the Trade and Development Agency (replaces the Trade and Development Program). Requires the Agency to disseminate information about its activities to the private sector. Sets forth the duties of the Inspector General of the administering agency with respect to the Agency. Authorizes appropriations for FY 1992 and 1993. Prohibits appointments to positions within the administering agency without the advice and consent of the Senate. Authorizes appropriations for FY 1992 and 1993 for operating expenses of the administering agency and its Office of the Inspector General. Requires the President to maintain within the administering agency a Center for University Cooperation in Development and a Center for Voluntary Cooperation in Development. Provides that the respective purposes of such Centers shall be to strengthen development partnerships between the U.S. Government and: (1) U.S. institutions of higher education engaged in education, research, and public service programs relevant to development needs of developing countries; and (2) U.S. private voluntary organizations, cooperatives, and credit unions engaged in activities relevant to such needs. Directs the administrator to establish an Advisory Committee on Voluntary Cooperation in Development. Revises provisions concerning congressional notification for program changes. Authorizes nongovernmental organizations to invest local currencies accrued as a result of economic assistance provided under the Foreign Assistance Act of 1961 and other specified Acts and to use interest earned on investments for assistance purposes. Title III: Economic Support Fund - Authorizes appropriations for FY 1992 and 1993 for economic support fund (ESF) assistance for: (1) Israel; (2) Egypt; (3) regional cooperative programs in the Middle East; (4) Cyprus (to be for scholarships, bicommunal projects, and confidence building measures to reduce tensions and promote peace between the two communities on Cyprus); (5) the International Fund for Ireland; (6) Turkey; and (7) other recipients or purposes. Permits the President to provide administration of justice assistance to the Philippines. Continues funding for specified administration of justice and law enforcement assistance through FY 1993. Authorizes the President to use ESF assistance for capital and infrastructure assistance. Applies environmental impact and assessment requirements to such assistance. Restricts the use of ESF assistance for nuclear facilities. Permits ESF assistance to be provided as a cash transfer only if the recipient country spends an amount equal to such cash transfer to purchase U.S. goods and services. Makes exemptions to such requirement under certain circumstances. Prohibits U.S. flag carriers from being reimbursed for more than 30 percent above the average competitive international rate for international ship transportation with respect to such purchases. Title IV: Military Assistance and Sales and Related Programs - Authorizes the President to furnish military assistance on a grant basis (currently, loan or grant). Permits such assistance to be provided for the financing of defense articles or services. Authorizes financing for the procurement by leasing of defense articles from U.S. commercial suppliers to be provided to Israel and Egypt if there are compelling foreign policy or national security reasons for such articles being provided by lease rather than by government-to-government sale. Permits the financing of the procurement of defense articles and services not sold by the U.S. Government only if the country or international organization proposing to make such procurement has signed an agreement with the United States specifying the conditions under which the procurement may be financed. Authorizes funds to be made available to a foreign country to make payments of principal and interest owed to the United States in connection with sales of defense articles or services. Authorizes appropriations for FY 1992 and 1993 for military assistance and sales for: (1) Israel (makes certain amounts available, at the request of the Government of Israel, for research and development in the United States and the procurement of defense articles and services in Israel); (2) Egypt; (3) Turkey; (4) Greece; and (5) other recipients or purposes. Declares that the President should consider the practice of a country with respect to the law of war when furnishing military assistance under the Foreign Assistance Act of 1961 and the Arms Export Control Act. Raises the ceiling on the amount of defense articles and services and military education and training to be drawn down under certain emergencies. Places a ceiling on the value of additions to stockpiles for FY 1992 and FY 1993. Extends the President's authority to transfer excess defense articles to countries on NATO's southern flank through FY 1993. Authorizes appropriations for FY 1992 and 1993 for: (1) international military education and training; (2) peacekeeping operations; and (3) antiterrorism assistance. Makes technical and conforming amendments to the Arms Export Control Act. Provides that charges for defense articles (other than major defense equipment) that are sold, licensed, or approved for export under such Act after FY 1991 may not include nonrecurring costs of research on or development or production of such articles. Revises a provision regarding the Guaranty Reserve Fund and redesignates the Fund as the Foreign Military Loan Liquidating Account. Raises the ceiling on the aggregate acquisition cost to the United States of excess defense articles ordered by the President. Revises requirements of a report by the President on military exports. Repeals provisions concerning information to the Congress on credit sales and guaranties and the availability of funds for procurement of defense articles and services outside the United States. Deems Australia, New Zealand, Egypt, Israel, Japan, and the Philippines to be major non-NATO allies. Prohibits funds made available by any Act from being used to facilitate the sale of M-833 antitank shells or any comparable antitank shells containing a depleted uranium penetrating component to any country other than a NATO member country or a major non-NATO ally. Sets forth U.S. policy on Middle East arms sales. Title V: Special Authorities, Restrictions and Reports - Amends the Foreign Assistance Act of 1961 to raise the ceiling on funds available for unanticipated contingencies. Authorizes a specified amount to be made available in any fiscal year (currently, FY 1986 and 1987) for emergency military assistance. Authorizes the President to adopt as a U.S. contract or obligation any contract with a U.S. or third-country contractor that had been funded with assistance prior to the termination of such assistance. Revises provisions concerning prohibitions on assistance. Requires the President to maintain a list of Communist countries for purposes of restricting assistance. Authorizes the President to remove or exempt a country from the list or prohibitions on assistance if he reports to the Congress that such removal or exemption is important to the U.S. national interest. Prohibits assistance to any country whose elected head of government is deposed by military coup. Permits the President to resume assistance to such a country if he reports to the Congress that subsequent to the coup a democratically elected government has taken office. Prohibits assistance to any country which is more than one year in arrears to the U.S. Government on loan or credit payments extended under the Foreign Assistance Act of 1961 or former authorities of the Arms Export Control Act unless the President reports to the Speaker of the House and the chairman of the Senate Foreign Relations Committee that such assistance is in the national interest. Requires the Administrator of the Agency for International Development (AID) to ensure that for every assistance project there is prominently displayed an acknowledgment that the project was funded by the people of the United States. Expresses the sense of the Congress that the President should continue to make efforts to improve the management of the foreign economic assistance program. Requires the President to study the feasibility and impact of reducing the number of countries receiving such assistance and improving coordination and management of the foreign assistance programs. Directs the AID Administrator to report to the Speaker of the House and the chairman of the Senate Foreign Relations Committee on: (1) actions taken by AID and any other proposals to improve management of such programs; and (2) the findings of the President's study. Requires the President to report to the House Foreign Affairs Committee and the Senate Foreign Relations Committee on the extent to which ESF assistance provided in excess of $10,000,000 in FY 1987 through 1991 to a country has contributed to economic reform along market economic principles in such country. Title VI: Special Assistance Initiatives and Other Region or Country Specific Provisions - Chapter 1: East Asia and the Pacific - Subchapter A: Assistance to the Philippines - Multilateral Assistance Initiative for the Philippines Act of 1991 - Expresses the sense of the Congress that: (1) the United States should continue to participate with multilateral financial institutions and other bilateral donors in an economic reform and development program in the Philippines; and (2) a multiyear commitment of resources by the United States, donors, and institutions with a continued reform effort and leadership role by the Government of the Philippines will continue to be necessary to ensure continued economic growth in the Philippines and enhanced participation of the Filipino people in the democratic process. Authorizes the President to provide assistance on such terms as determined necessary to carry out this Act. Links assistance to progress by the Government of the Philippines in implementing its economic, structural, and administrative reform program and provides that such assistance may include programs to stimulate and strengthen private sector growth, including voluntary debt reduction, greater U.S. participation in such sector, and sustained economic growth. Authorizes appropriations. Limits the amount of appropriations for FY 1992 and 1993. Expresses the sense of the Congress that: (1) coordination of programs by donors, institutions, and the Government of the Philippines is critical to the success of the Multilateral Assistance Initiative; (2) all donors should simplify procurement and disbursement procedures and ensure that conditions on the provision or use of assistance are complementary; and (3) the Philippines will ensure the most effective use of such assistance. Subchapter B: Humanitarian Assistance for Cambodian Democracy - Makes specified amounts of development and ESF assistance for FY 1992 and 1993 available for humanitarian and development assistance for civilians and civilian members of the Cambodian noncommunist resistance. Requires the President to terminate assistance to any Cambodian organization that is cooperating with the Khmer Rouge in military operations. Directs the Administrator of the administering agency to: (1) contract with a private sector employee to establish an office in Phnom Penh to oversee program activities; and (2) conduct an on-site assessment within Cambodia to determine requirements for the development of infrastructure and the eradication of explosive mines. Requires the President to report to the Speaker of the House and the President pro tempore of the Senate on all instances of military cooperation since January 1, 1991, between the Khmer Rouge and any faction of the noncommunist resistance and all instances of human rights abuses by the Khmer Rouge. Makes available an additional amount of development and ESF assistance for FY 1992 and 1993 for humanitarian assistance to children and victims of wars in Cambodia. Subchapter C: Other Provisions Relating to the Region - Permits funds authorized by this Act and funds made available in prior foreign assistance appropriations Acts for Burma (Myanmar) to be made available for training and education assistance for Burmese outside of Burma who are displaced as a result of civil conflict and for activities which support democratic pluralism in Burma. Expresses the sense of the Congress that additional assistance should be provided for Mongolia in recognition of Mongolia's movement toward democracy and a free market economy. Chapter 2: Near East and South Asia - Extends a certain waiver on a prohibition on assistance to Pakistan through FY 1994. Amends the International Security and Development Cooperation Act of 1985 to earmark development and ESF assistance for humanitarian assistance to the Afghan people and for the implementation of bilateral and multilateral reconstruction efforts for Afghanistan and the establishment of a broad-based freely-elected Afghan Government. Sets forth provisions concerning human rights abuses in Sri Lanka. Requires the President, in determining whether to provide assistance or make sales of defense articles or services to Sri Lanka during FY 1992 and 1993, to take into account whether the Government of Sri Lanka has: (1) established a public register of detainees and ensured that detainees have access to lawyers and family members; (2) taken steps to deter disappearances and killings of civilians by persons under control of government forces; (3) taken measures to minimize civilian casualties in combat operations in the north and east; and (4) made serious efforts to investigate and prosecute those involved in the murder of journalist Richard DeZoysa. Encourages the Government of Sri Lanka to provide human rights education and training. Chapter 3: Europe - Subchapter A: SEED Program Support for Transformation From Communism to Free-Market Democracy - Support for East European Democracy Act of 1991 (or SEED II Act) - Amends the Support for East European Democracy (SEED) Act of 1989 to include within the definition of "Eastern Europe" all nations of Europe which experienced Communist rule after World War II. Permits the President, where an authority in such Act is available for a bilateral activity for Poland or Hungary, to exercise such authority with respect to another Eastern European country or a constituent republic of such country if he determines that: (1) such country or republic has taken steps toward democracy and a market-oriented economy; (2) such activity would promote the institutions of democracy and a free-market economy; and (3) such activity would not sustain or fortify organizations which are inimical to the development of democracy and a free-market economy. Authorizes appropriations for FY 1992 and 1993 for assistance under SEED. Expresses the sense of the Congress with respect to establishing, and providing ESF and technical assistance for, nondiplomatic liaison offices in the Baltic states and in constituent republics of East European countries to facilitate liaison with entities aspiring to achieve democracy and free-market institutions. Supports adoption of agricultural policies in East European countries that are based on free-market policies and discourages policies that distort market signals through protective import barriers or government export subsidies. Provides for the establishment of Institutes for Agricultural Policies in Eastern Europe and the United States for the education and training of policy makers in agricultural free-market economics. Declares that 20 percent of SEED food assistance for FY 1992 and 1993 should be in the form of value added agricultural products. Applies limitations and authorities for the Enterprise Funds for Poland and Hungary to any other Enterprise Fund to which the President determines the United States should contribute. Expresses the sense of the Congress that the President should: (1) designate a director within the Department of Commerce for American business initiative in Eastern Europe to promote the development of American business opportunities in East European countries; and (2) establish American Business Centers to support American business initiatives in Eastern Europe. Andrei Sakharov Educational Exchange Act - Amends the Mutual Educational and Cultural Exchange Act of 1961 to establish the Andrei Sakharov Educational Exchange Program to further U.S.-Eastern European cooperation in the fields of environmental protection and the health sciences through the exchange of graduate students. Urges the President to use the authority provided by such Act as an integral part of the SEED program. Amends SEED to express the sense of the Congress that the President should allocate a specified amount annually for NATO's plan for expanded East European participation. Eastern European Security Assistance Act of 1991 - Makes a specified amount of administration of justice assistance under the Foreign Assistance Act of 1961 for U.S. participation in a program aimed at strengthening democratic institutions in Eastern European countries by promoting the empowerment of civilian managers in the justice, defense, and internal security establishments. Prohibits such programs from taking place with the authorities of a nonelected government or with a regime that carries out human rights violations or is negligent in the prosecution of hate crimes. Authorizes the President to: (1) include an appropriate number of students from Eastern European countries in the training offered by the National Academy of the Federal Bureau of Investigation; and (2) furnish international criminal investigative training assistance and administration of justice assistance to Eastern European countries. Urges the Director of the U.S. Information Agency to arrange for the translation into the appropriate languages of books and other materials relevant to purposes of this Act for distribution to parliaments, ministries, and institutions of higher education in Eastern Europe. Directs the Secretary of State, together with the Attorney General, to report to specified congressional committees on possible sites for the establishment of at least three legal attache posts at U.S. embassies in Eastern Europe. Treats the Regional Environmental Center for Central and Eastern Europe in Budapest, Hungary, as an international organization for purposes of detailing U.S. Government personnel. Makes a specified amount of nonconvertible Polish currencies held by the United States available for the Research Center on Jewish History and Culture of the Jagiellonian University of Krakow, Poland. Subchapter B: Baltic Humanitarian Relief - Amends the Foreign Assistance Act of 1961 to declare that the Congress recognizes that prompt U.S. assistance is desirable to help alleviate suffering in the Baltic republics. Directs the AID Administrator to: (1) furnish humanitarian assistance for the relief of the Estonian, Latvian, and Lithuanian people; and (2) solicit donations of humanitarian assistance for Estonia, Latvia, and Lithuania and cooperate with private relief agencies attempting to provide such assistance. Authorizes the Commander-in-Chief of the U.S. Transportation Command to provide all necessary airlift and sealift to transport donations of medical supplies to the Baltic peoples. Earmarks ESF assistance for such purposes. Urges the President to begin negotiations with the nations surrounding Estonia, Latvia, and Lithuania, including Poland and the U.S.S.R., regarding the importation of humanitarian assistance. Subchapter C: CSCE Assembly - CSCE Assembly Participation Act - Provides that up to 17 Members of the Congress shall be appointed to meet annually with representative parliamentary groups from other Conference on Security and Cooperation in Europe (CSCE) member nations to: (1) assess the implementation of CSCE objectives; (2) discuss subjects addressed during the meetings of the Council of Ministers for Foreign Affairs and the biennial Summit of Heads of State or Government; and (3) initiate and promote national and multilateral measures to further cooperation and security in Europe. Earmarks amounts from funds available to the Department of State for contributions to international organizations for the U.S. contribution toward the maintenance of the CSCE Assembly and for meeting the expenses of the U.S. delegation. Chapter 4: Middle East - Subchapter A: Arms Suppliers Regime - Arms Suppliers Regime Act of 1991 - Declares that the Secretary should undertake to convene a conference of appropriate nations to establish an arms suppliers regime. States that the purpose of such regime should be to: (1) halt the flow of unconventional arms and technologies necessary to produce such arms to nations in the Middle East; (2) limit and control the proliferation of advanced conventional arms to such nations; and (3) provide incentives for regional arms control agreements in the Middle East. Lists actions to be taken to carry out such purposes. Authorizes the President to negotiate and commit the United States to participating in a multilateral moratorium prohibiting the transfer of advanced conventional arms to the Middle East. Requires the President to report annually to the Senate Foreign Relations Committee and the House Foreign Affairs Committee on: (1) all transfers of arms to the Middle East over the previous five years; (2) the current military balance in the region; (3) the current and projected military threat to allied and friendly nations in the Middle East and the military equipment needed to deter and defend against such threat; (4) the operation of agreements comprising the arms suppliers regime; (5) the supplier nations that have refused to participate in such regime; and (6) specific actions of supplier nations that have engaged in conduct that violates or undermines the regime. Prohibits the sale of defense articles or services, or the issuance of export licenses for such articles or services, to any nation in the Middle East unless the President: (1) certifies that the Secretary has undertaken to convene the conference for the establishment of an arms suppliers regime; and (2) submits a specified report on such regime. Subchapter B: Miscellaneous - Declares that specified amounts of development assistance should be used to finance the Cooperative Development Program, cooperative development research projects among the United States, Israel, and developing countries, and cooperative development projects among the United States, Israel, and Eastern Europe. Prohibits assistance to Syria until the President reports to the House Foreign Affairs Committee and the Senate Foreign Relations Committee that the Government of Syria: (1) has demonstrated willingness to enter into negotiations with Israel; (2) does not deny its citizens the right to emigrate and does not impose taxes with respect to emigration; (3) is assisting the U.S. Government in obtaining the release of American hostages in Lebanon; (4) no longer supports international terrorist groups; (5) is withdrawing its armed forces from Lebanon; (6) is no longer acquiring chemical, biological, or nuclear weapons and will not use weapons currently in its arsenal to threaten its neighbors; (7) is cooperating with U.S. antinarcotics efforts and taking steps to remove members of the government who are involved in the drug trade; and (8) has made progress in improving human rights. Requires the President to report to such committees on third country transfers of weapons and military equipment to Syria. Expresses the sense of the Congress that the United States should support educational, cultural, and humanitarian activities that bring Israelis together with Palestinians living in the West Bank and Gaza. Expresses the sense of the Congress that: (1) all Arab nations which have refused to recognize Israel and have maintained a state of belligerency against Israel should recognize israel, end the state of belligerency and economic boycott against Israel, and enter into negotiations with Israel; and (2) the United States should encourage the Arab states which were allied with the United States in the Persian Gulf War to achieve such objectives. Expresses the sense of the Congress that the United States should work with its Arab coalition partners to: (1) encourage their support for efforts to achieve peace and stability in the Middle East and to settle the Arab-Israeli conflict; and (2) take specific steps with respect to Israel and terrorism. Chapter 5: Latin America and the Caribbean - Subchapter A: Provisions Pertaining to Central America and the Caribbean - Requires advance congressional notification for the transfer of helicopters or military aircraft to any country in Central America or the Caribbean. Directs the Secretary to notify the appropriate congressional committees whenever any helicopters or other military aircraft are provided to such countries by any foreign country. Prohibits military assistance under the Foreign Assistance Act of 1961 to Guatemala during FY 1992 and 1993, except in connection with a peace agreement. Establishes the Lasting Peace Fund for Guatemala. Authorizes the President to transfer amounts available for military assistance to the Fund. Makes funds available only upon notification to the appropriate congressional committees that the Guatemalan Government and the Guatemalan National Revolutionary Unit have signed a peace agreement. Permits funds to be available for: (1) costs of retraining, relocation, and reemployment in civilian pursuits of former combatants and noncombatants affected by the conflict; and (2) costs of monitoring activities associated with the peace agreement. Prohibits the authorites of the Arms Export Control Act from being used to sell to the Guatemalan Government, or issue licenses for the export to Guatemala of: (1) weapons or ammunition; or (2) aircraft, unless the aircraft are unarmed and the Guatemalan Government has agreed that they will not be armed. Permits FY 1992 and 1993 development and ESF assistance and assistance under the Agricultural Trade Development and Assistance Act of 1954 for Guatemala to be used only by civilian government agencies and nongovernmental organizations. Requires such assistance to be targeted for: (1) programs that address poverty, basic human needs, and environmental concerns; (2) the improvement of democratic institutions and the promotion of political pluralism; (3) the National Reconciliation Commission; (4) fiscal reform and administration; or (5) programs that promote trade and investment. Prohibits such assistance from being used for partisan political purposes or as an instrument of counterinsurgency. Waives assistance target requirements if the President notifies the appropriate congressional committees that Guatemala has made progress in eliminating human rights violations and in bringing to trial those responsible for major human rights cases. Prohibits foreign assistance for any member of the Nicaraguan resistance who has not disarmed or is not abiding by the terms of the cease-fire agreement and the addenda to the Toncontin Agreement. Earmarks a specified amount of FY 1992 and 1993 ESF assistance for Central America for implementing programs consistent with the purposes of the Concerted Plan of Action in Favor of Central American Refugees, Returnees and Displaced Persons. Prohibits funds authorized to be appropriated by any Act to be made available for the Sandinista Popular Army unless requested and authorized in advance by the President of Nicaragua. Subchapter B: Provisions Pertaining to the Caribbean - Congratulates Haiti on its transition to democracy. Expresses the sense of the Congress that the United States should: (1) provide assistance to the Haitian Government so long as it abides by the Haitian Constitution and respects freedom of expression and human rights; (2) continue to provide assistance to Haitian private voluntary organizations to institutionalize democracy and promote economic development; and (3) provide a specified amount of food, development, and economic assistance to Haiti during FY 1992 and 1993. Prohibits military assistance to Haiti during FY 1992 and 1993, except for nonlethal military assistance provided through a democratically-elected head of state and pursuant to specified notification procedures. Encourages the Government of the Dominican Republic to improve respect for the human rights of Haitian laborers engaged in the sugar cane harvesting industry in the Dominican Republic. Declares that the President should consider increasing the Dominican Republic's allocation of the U.S. sugar quota and providing additional economic and development assistance if the Government of the Dominican Republic makes progress in specified matters concerning such laborers. Permits assistance under the Foreign Assistance Act of 1961 or the Agricultural Trade Development and Assistance Act of 1954 to be provided to the Government of Guyana only if the President reports to the appropriate congressional committees that such government is in power as a result of free and fair elections. Exempts from such restriction international narcotics control assistance or assistance for the holding of free and fair elections. Expresses the sense of the Congress that: (1) following the submission of the report regarding Guyana, the President should provide economic assistance for Guyana under such Acts; and (2) a specified amount of assistance should be used to meet basic human needs. Subchapter C: Andean Initiative - Amends the International Narcotics Control Act of 1990 to extend the authorization of appropriations for development and ESF assistance to Andean countries through FY 1993. Requires priority in the use of funds for Bolivia and Peru to be given to support programs that focus on providing coca farmers with alternative sources of income. Earmarks a specified amount for each fiscal year (currently, FY 1991) for administration of justice assistance for Bolivia, Colombia, and Peru. Declares that a specified amount of such assistance should be made available for the Office of Human Rights in the Office of the Attorney General of the Government of Peru. Authorizes additional appropriations for FY 1992 and 1993 for military assistance to Andean countries. Applies certain limitations on FY 1991 military and law enforcement assistance to such countries to assistance for FY 1992 and 1993. Decreases the amounts of assistance to be made available for armed forces and law enforcement units in such countries. Prohibits Peru's Sinchi Police from being considered as a law enforcement unit. Extends certain conditions on assistance to such countries to assistance for FY 1992 and 1993. Exempts from such conditions assistance for programs that focus on providing coca farmers with alternative sources of income. Extends a certain waiver of a prohibition on assistance to countries in default on loans to narcotics-related assistance to Andean countries for FY 1992 and 1993. Subchapter D: South America - Congratulates the Governments of Argentina and Brazil for taking certain steps with respect to nuclear nonproliferation. Permits military assistance to Chile during FY 1992 and 1993 only if the appropriate congressional committees are notified in advance. Subchapter E: Other Provisions Pertaining to the Region - Earmarks an amount of funds made available for narcotics-related assistance for the Andean countries for efforts to deal with the cholera epidemic in Latin America. Makes law enforcement assistance available for countries with democratically-elected governments in Latin America and the Caribbean. Prohibits the use of such funds for: (1) lethal equipment; and (2) the participation of Department of Defense personnel and members of the U.S. armed forces in law enforcement training. Permits law enforcement training in the Caribbean to be provided only by the Department of Justice Criminal Investigative Training Assistance Program. Earmarks funds for such assistance. Amends the Foreign Assistance Act of 1961 to permit the delivery of military assistance and sales to the armed forces of a Latin American or Caribbean country with a civilian government only with the prior approval of the country's head of government. Subchapter F: Miscellaneous Provisions - Amends the Foreign Assistance Act of 1969 to authorize appropriations for the Inter-American Foundation for FY 1992 and 1993. Revises provisions concerning the composition of the Foundation's Board of Directors and the principal office. Declares that the Senate applauds the actions of the United Nations Human Rights Commission of March 6, 1991, (concerning human rights in Cuba) and calls on the Government of Cuba to cooperate fully with the Commission. Chapter 6: Africa - Amends the Foreign Assistance Act of 1961 to authorize appropriations for FY 1992 and 1993 for the Development Fund for Africa. Expresses the sense of the Congress that a certain amount of funds should be made available to support sector projects supported by the Southern African Development Coordination Conference. Amends the International Security and Development Cooperation Act of 1980 to authorize appropriations for FY 1992 and 1993 for the African Development Foundation. Permits assistance to Sudan during FY 1992 and 1993 only if the President reports to the Congress that the Government of Sudan has: (1) taken actions to begin a process of national reconciliation; and (2) demonstrated a commitment to hold free and fair elections monitored by international observers. Permits military and ESF assistance to Kenya during FY 1992 and 1993 only if the President reports to the Congress that the Government of Kenya has taken steps to: (1) release political detainees and end the prosecution of individuals for the expression of their political beliefs; (2) cease mistreatment of political prisoners; and (3) restore judicial independence and freedom of expression. Authorizes military and ESF assistance and international military education and training for Zaire during FY 1992 and 1993 only if the President reports to the Congress that: (1) a neutral, transitional government has been formed to oversee the drafting of a new constitution for Zaire; (2) free and fair elections are held in Zaire; and (3) the elected government demonstrates a commitment to bring about freedom of expression, a reformed and independent judiciary, and reform of the security forces. Prohibits development assistance to Zaire, except as provided through nongovernmental organizations. Expresses the sense of the Senate that the President should continue to support the peacekeeping efforts in Liberia carried out by the Economic Community of West Africa Monitoring Group. Amends the Foreign Assistance Act of 1961 to authorize the President to provide assistance for civil strife relief, rehabilitation, and general recovery in Liberia. Permits assistance to Liberia during FY 1992 and 1993 only if the President reports to the Congress that the Government of Liberia has achieved progress toward reconciliation and free and fair elections monitored by international observers. Provides that such restriction shall not apply to humanitarian assistance. Authorizes the President to furnish assistance for strengthening judicial institutions in African countries. Expresses the sense of the Senate that a study should be undertaken by the Office of Technology Assessment, in a cross-section of Subsaharan African countries, of the formulation and the economic, social, and environmental impact of adjustment programs supported or leveraged by AID through the Development Fund for Africa. Title VII: Enterprise for the Americas Initiative - Enterprise for the Americas Act of 1991 - Chapter 1: Statement of Findings and Purpose - Sets forth findings and purposes with respect to the Enterprise for the Americas Initiative. Chapter 2: Programs to Facilitate Investment Flows - Requires the Secretary of the Treasury to work with the Inter-American Development Bank to ensure the implementation of the Bank's investment sector reform program and the coordination of U.S. bilateral assistance programs with multilateral efforts to enhance liberalization efforts in Latin America and the Caribbean. Authorizes the Secretary, subject to certain conditions, to make a payment to the Enterprise for the Americas Fund. Requires U.S. assistance to the Fund to be disbursed only for technical assistance for resolving domestic constraints to investment, human capital programs, and assistance to private enterprises. Chapter 3: Eligibility Requirements for Benefits - Makes eligible for participation in activities under this Act any Latin American or Caribbean country that: (1) has in effect, or is making progress toward, policies designed to liberalize its investment regime and to undertake economic reforms in conjunction with specified multilateral financial institutions; and (2) qualifies for assistance under the Foreign Assistance Act of 1961 (waives prohibitions on assistance to countries in default on loans to the United States). Chapter 4: Enterprise for the Americas Facility - Establishes the Enterprise for the Americas Facility in the Department of the Treasury. Declares that the purpose of the Facility is to serve as the coordinating mechanism within the U.S. Government to carry out provisions of this Act related to debt reductions, sales, and cancellations of loans or assets for eligible countries. Chapter 5: Debt Reduction - Authorizes the President to reduce the amount owed to the United States (as a result of concessional loans made pursuant to the Foreign Assistance Act of 1961 or predecessor foreign economic assistance legislation) by any eligible country. Deems debt reductions to be assistance for purposes of provisions of law limiting assistance to a country (waives restrictions on assistance to countries in default on loans to the United States). Sets forth requirements with respect to the exchange of obligations, repayment of principal, and interest on new obligations issued by eligible countries. Encourages the President to consider undertaking the full liquidation of outstanding obligations to the United States for an eligible country if such liquidation will assist in significant progress toward economic reform. Chapter 6: Enterprise for the Americas Accounts - Requires eligible countries that enter into Enterprise for the Americas Agreements to establish Enterprise for the Americas Accounts. Authorizes the President to enter into Enterprise for the Americas Agreements with eligible countries concerning the operation and use of Americas Accounts. Sets forth required contents of such Agreements. Permits grants from an Americas Account to be used only for funding activities that: (1) support local nongovernmental organizations in child health programs; (2) link the conservation and sustainable use of natural resources with local community development; (3) support community-based primary and secondary education programs; and (4) support alternative development programs that seek to reduce dependence on the production of crops from which narcotic and psychotropic drugs are derived. Lists eligible grant recipients. Declares that: (1) the President should encourage other official creditors of eligible countries whose debt is reduced to provide comparable debt reduction to such countries; and (2) the Secretary should encourage private creditors of eligible countries to explore mechanisms for reducing outstanding debts to levels that more accurately reflect the market value of such debts. Chapter 7: Sales, Reductions, or Cancellations of Loans or Assets - Authorizes the President to: (1) sell to any eligible purchaser any loan of an eligible country made pursuant to the Export-Import Bank Act of 1945; (2) sell to any eligible purchaser any asset acquired by the Commodity Credit Corporation in connection with export sales to an eligible country or specified export credit guarantee programs; and (3) reduce or cancel any loans or assets made or acquired before 1991 upon receipt of payment from an eligible purchaser. Permits loans or assets to be sold only to purchasers who present plans to AID for using such loans or assets to engage in debt-for-child survival, debt-for-education, debt-for-equity, debt-for-development, or debt-for-nature swaps. Authorizes loans or assets to be sold, reduced, or canceled only for purposes of facilitating such swaps. Chapter 8: International University for the Americas - Requires the Secretary of State to determine the most appropriate location for the International University for the Americas, an institution to be established for promoting economic integration and the strengthening of democratic institutions in the Western Hemisphere and for commemorating the 500th anniversary of the discovery of the Americas by Christopher Columbis. Authorizes appropriations. Chapter 9: Reports - Sets forth annual reporting requirements with respect to this Act. Title VIII: Repeal of Obsolete Provisions - Repeals provisions of specified Acts. Title IX: Multilateral Development Banks - Chapter 1: International Monetary Fund - Amends the Bretton Woods Agreements Act to authorize the U.S. Governor of the International Monetary Fund to consent to: (1) an increase in the U.S. quota in the Fund; and (2) the amendments to the Articles of Agreement of the Fund approved in resolution 45-3 of the Fund's Board of Governors. Authorizes the Secretary of the Treasury to instruct the U.S. Executive Director of the Fund to approve the Fund's pledge to sell a specified amount of the Fund's gold to restore the resources of the Reserve Account of the Enhanced Structural Adjustment Facility Trust to meet obligations to lenders who have made loans to the Trust for financing programs of members previously in arrears to the Fund. Chapter 2: African Development Fund - Amends the African Development Fund Act to authorize the U.S. Governor of the African Development Fund to contribute a specified amount to the sixth replenishment of the Fund. Authorizes appropriations. Chapter 3: Asian Development Bank - Amends the Asian Development Bank Act to authorize the U.S. Governor of the Asian Development Bank to subscribe to additional shares of the Bank's capital stock. Authorizes appropriations. Title X: Presidential Contingency Fund - Authorizes appropriations to the President for FY 1992 and 1993 for unanticipated contingencies in programs within the International Affairs Budget Function. Title XI: Peace Corps - Amends the Peace Corps Act to: (1) extend authorizations of appropriations for the Peace Corps for FY 1992; (2) establish the Foreign Currency Fluctuations, Peace Corps, Account to pay expenses for Peace Corps operations which exceed appropriations for such expenses as a result of currency exchange rate fluctuations. Authorizes appropriations for such Account. Requires the Director of the Peace Corps to contract with an eligible organization to conduct three evaluations of the health care needs of Peace Corps volunteers and the adequacy of the Peace Corps health care system. Provides for the submission of such evaluations to the Director and the Senate Foreign Relations Committee and the House Foreign Affairs Committee. Requires the Director and the Secretary of Labor to report to such committees on: (1) the information provided by the Peace Corps to its volunteers and applicants on the benefits and services to which volunteers or trainees may be entitled in the event they sustain injuries or become disabled during their Peace Corps service or training; (2) the efforts by the Peace Corps and the Department of Labor to coordinate the provision of such information to Peace Corps volunteers and applicants and the processing of claims by volunteers under the Federal Employees Compensation Act (FECA); (3) the number of Peace Corps volunteers and applicants who have filed claims under FECA and the percentage of claims that have been approved; and (4) the timeliness of approvals or denials of such claims. Encourages the Director to continue to develop, assist, and implement education-related programs which enable volunteers to share their volunteer experiences with primary and secondary school students and communities in the United States. Title XII: Effective Date - Provides that this Act shall take effect on October 1, 1991.
Bill· SS. 1429 (102nd)referred
United States · United States Congress · 28 June 1991
Pipeline Safety Reauthorization Act of 1991 - Title I: Natural Gas - Natural Gas Pipeline Safety Authorization Act of 1991 - Amends the Natural Gas Pipeline Safety Act of 1968 (NGPSA) to revise the definition of "transportation of gas" to include the control of natural gas being delivered in consumer-owned pipe. Authorizes only a State agency that has submitted a current certification of jurisdiction and enforcement to adopt additional or more stringent safety standards for such intrastate pipeline transportation if they are compatible with the Federal minimum pipeline safety standards. (Currently a State agency may adopt more stringent standards even if it does not submit a current certification.) Authorizes the Secretary of Transportation (Secretary) to extend Federal safety standards requiring new gas transmission facilities to accommodate instrumented internal inspection devices (smart pigs) to require that existing transmission facilities be modified to accommodate such devices. Excludes municipalities from the meaning of "State agency" in such Act to the extent that: (1) Federal pipeline safety standards shall not apply to intrastate gas pipeline transportation when similar safety standards are regulated by State agencies; and (2) in certain cases, the Secretary may enter into an agreement authorizing a State agency to assume responsibility for enforcing Federal safety standards for intrastate gas pipeline transportation. Changes from $5,000 to an amount established by the Secretary the threshold amount of property damage per accident that State annual certifications must report on regarding gas pipeline accidents within the State during the preceding 12 months. Increases from $10,000 to $25,000 the civil penalty per day for violations of Federal pipeline safety inspection and maintenance standards committed by persons engaged in the transportation of gas or pipeline facility operators. Grants jurisdiction to district courts to order persons who refuse to obey a subpeona or allow authorized persons to conduct Federal gas pipelines safety standard compliance inspections or record examinations to comply with such orders or be found in contempt of court. Authorizes the Secretary to request the Attorney General to request such court enforcement of subpoenas. Authorizes the Secretary to: (1) assess costs incurred by the Department of Transportation in monitoring the design and construction of gas pipeline facilities prior to their operation; and (2) collect them from the persons responsible for the development of such facilities. Requires such assessments to be deposited into the Pipeline Safety Fund to pay such costs. Requires the Secretary to submit to the Congress on August 15 (currently, April 15) of each year a report on the administration of Federal gas pipeline safety standards during the preceding calendar year. Authorizes appropriations for FY 1992 and 1993. Title II: Hazardous Liquids - Hazardous Liquid Pipeline Safety Authorization Act of 1991 - Amends the Hazardous Liquid Pipeline Safety Act of 1979 (HLPSA) to require Federal safety standards established by the Secretary for the transportation of hazardous liquids and pipeline facilities to be designed to meet the need for the protection of the environment. Requires operators of hazardous liquid pipeline facilities to report to the Secretary any condition that constitutes a hazard to the environment. Requires the Secretary in prescribing such standards to consider the extent to which they will contribute to environmental protection. Makes changes to the HLPSA similar to those in the NGPSA with respect to: (1) the necessity of a current certification for any State agency that would adopt additional or more stringent safety standards for intrastate pipeline facilities; (2) authority to require existing hazardous liquid pipeline facilities to be modified to accommodate instrumented internal inspection devices; (3) changes in threshold dollar amount of property damages that must be reported in State certifications regarding hazardous liquid pipeline accidents; (4) increases in civil penalties for violations of Federal pipeline safety inspection and maintenance standards; (5) district court jurisdiction to order persons to comply with Federal hazardous liquid pipeline safety standard inspections or record examinations; (6) the levy of assessments for costs incurred by the Department of Transportation in monitoring the design and construction of hazardous liquid pipeline facilities prior to their operation; and (7) the submission of a report on the administration of Federal hazardous liquid pipeline standards during the preceding year. Directs the Secretary to require operators of hazardous liquid pipeline facilities to provide information that includes, among other things, an accurate map, including geographic description of environmentally sensitive areas, showing the location of such operator's facilities. (Currently such description need not refer to such areas.) Requires the Secretary to order a person operating a hazardous liquid pipeline facility to take corrective action whenever he or she finds that such facility is hazardous to the environment. Requires the Secretary when making such findings to consider, if relevant, the aspects of the areas in which the pipeline facility is located, particularly, among other factors, proximity to environmentally sensitive areas. Requires the Secretary in determining the adequacy of inspection and maintenance plans of persons who engage in the transportation of hazardous liquids or own or operate pipeline facilities to consider, among other factors, the extent to which such plans will contribute to the protection of the environment. Revises criteria the Secretary must use when making recommendations as to the frequency and type of testing and inspection of hazardous liquid pipeline facilities to include consideration of the proximity of such facilities to environmentally sensitive areas. Authorizes appropriations for FY 1992 and 1993.
Bill· SS. 1413 (102nd)referred
United States · United States Congress · 27 June 1991
Expresses the sense of the Congress that U.S. nationals conducting industrial cooperation projects in China or Tibet should adhere to specified principles, including to: (1) suspend the use of merchandise manufactured by convict or forced labor; (2) seek to ensure political and religious freedom without fear for one's employment status; (3) ensure that methods of production do not pose a danger to project employees and the surrounding environment; (4) strive to use business enterprises that are not controlled by China; and (5) promote human rights in China. Requires the Secretary of State (Secretary) to forward a copy of such principles to member nations of the Organization for Economic Cooperation and Development and encourage them to promote such principles. Requires each U.S. national to register with the Secretary of State and indicate whether they agree to implement such principles. Sets forth specified reporting requirements. Authorizes U.S. agencies to intercede on behalf of a U.S. national with foreign governments or foreign nationals regarding export marketing activity in China or Tibet if such U.S. national adheres to such principles. Requires the Secretary to report annually to appropriate congressional committees on: (1) enforcement procedures with respect to prohibitions on the importation into the United States of goods manufactured by convict or forced labor; (2) steps taken to investigate which goods are produced by such labor in China and Tibet; and (3) the results of such investigations.
Bill· SS. 1406 (102nd)referred
United States · United States Congress · 27 June 1991
Chemical Control and Environmental Responsibility Act of 1991 - Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Comprehensive Act) to: (1) replace references to "listed precursor chemicals" with "list I chemicals" and "listed essential chemicals" with "list II chemicals"; and (2) revise the definition of "regulated person" to include individuals who act as brokers or traders for international transactions involving a listed chemical, tableting machine, or encapsulating machine. Redefines "regulated transaction" to: (1) include international transactions which do not involve the importation or exportation of a listed chemical into or out of the United States if a broker or trader located in the United States participates in the transaction; (2) include, in the case of a listed chemical that is contained in a drug that may be marketed or distributed lawfully in the United States under the Federal Food, Drug, and Cosmetic Act, transactions involving ephedrine or any other listed chemical which the Attorney General may designate as not subject to exemption after finding that such action would prevent diversion and the total quantity of such chemical included in the transaction equals or exceeds the threshold established for that chemical by the Attorney General; and (3) exclude any transaction in a chemical mixture (current law) which the Attorney General has designated as exempt based on a finding that the mixture is formulated in such a way that it cannot be easily used in the illicit production of a controlled substance and that the listed chemical or chemicals contained in the mixture cannot be readily recovered. Requires every person who manufactures or distributes, or who proposes to engage in the manufacture or distribution of, a list I chemical to obtain annually a registration issued by the Attorney General. Authorizes and directs the Attorney General to register an applicant to distribute a list I chemical unless he determines that the issuance of such registration is inconsistent with the public interest, taking into consideration the following factors: (1) maintenance of effective controls against diversion of listed chemicals into other than legitimate channels; (2) compliance with applicable Federal, State, and local law; (3) prior conviction record of the applicant under Federal or State laws relating to controlled substances or chemicals; (4) past experience in the manufacture and distribution of chemicals; and (5) such other factors as may be relevant to and consistent with the public health and safety. Makes provisions with respect to the denial, revocation, and suspension of registration relating to the manufacture, distribution, or dispensation of controlled substances explicitly applicable to list I chemicals. Directs the Attorney General to register an applicant to import or export a list I chemical unless he determines that the issuance of such registration is inconsistent with the public interest. Makes it unlawful for a regulated person to distribute, import, or export a list I chemical without the registration required under the Comprehensive Act. Requires each regulated person who manufactures a listed chemical to report annually to the Attorney General information concerning listed chemicals manufactured by such regulated person. Makes any person located in the United States who is a broker or trader for an international transaction in a listed chemical which is a regulated transaction solely because of that person's involvement as a broker or trader, with respect to that transaction, subject to all of the notification, reporting, record-keeping, and other requirements placed upon exporters of listed chemicals by the Comprehensive Act. Authorizes the Attorney General to: (1) require that the 15-day advance notice requirement with respect to the importation and exportation of listed chemicals apply to all exports of specific listed chemicals to specified nations, regardless of the status of certain customers in such country as "regular customers," if such action is necessary to support effective diversion control programs or is required by treaty or other international agreement to which the United States is a party; and (2) waive the 15-day advance notice requirement for exports of specific listed chemicals to specified countries, and for the importation of specific listed chemicals, if such advance notice is not required for effective chemical control, subject to specified requirements. Establishes penalties for: (1) exporting, or serving as a broker or trader for an international transaction involving, a listed chemical knowing or having reasonable cause to believe that the chemical will be used to manufacture a controlled substance in violation of the laws of the country to which the chemical is exported; and (2) importing or exporting a listed chemical with intent to evade reporting or record-keeping requirements under the Comprehensive Act by falsely representing to the Attorney General that the importation or exportation qualifies for a waiver of the advance notice requirement by misrepresenting either the actual country of final destination of the listed chemical, the actual listed chemical being imported or exported, or both. Amends list I to add benzaldehyde and nitroethane, and delete D-lysergic acid, N-ethylephedrine, and N-ethylpseudoephedrine. Eliminates "regular supplier" status and creates "regular importer" status. Modifies the definition of "controlled premises" to include places where listed chemicals or records relating to the manufacture, distribution, or disposition of listed chemicals are maintained. Makes it a felony for a person who possesses a listed chemical with intent that it be used in the illegal manufacture of a controlled substance to manage the listed chemical or waste from the manufacture of a controlled substance other than as required under the Solid Waste Disposal Act. Specifies that, in addition to a penalty that may be imposed for the illegal manufacture, possession, or distribution of a listed chemical or toxic residue of a clandestine laboratory, a person who violates such prohibition shall be assessed costs of the initial cleanup and disposal of the listed chemical and contaminated property and the cost of restoring property damaged by exposure to such chemical. Expresses the sense of the Congress that guidelines issued by the U.S. Sentencing Commission should recommend that the term of imprisonment for such a violation be not less than five (or in the case of a willful violation, not less than ten) years. Authorizes: (1) the court to order that all or a portion of the earnings from work performed by a defendant in prison be withheld for payment of such costs; and (2) the Attorney General to direct that assets forfeited in connection with a prosecution under this Act be shared with State agencies that participated in the seizure or cleanup of the contaminated site. Specifies that a discharge in bankruptcy does not discharge an individual debtor from any debt for costs assessed with respect to the management of listed chemicals under the Comprehensive Act. Provides for access by the Attorney General to information in the National Practitioner Data Bank.
Bill· SS. 1402 (102nd)referred
United States · United States Congress · 27 June 1991
Defense Federal Nuclear Facilities Waste Management Act - Title I: Nuclear Waste Management Fund - Establishes in the Treasury the Defense Federal Nuclear Facilities Environmental Response Fund. Transfers into the Fund all amounts appropriated for Federal nuclear waste management of defense Federal nuclear facilities. Directs the Secretary of the Treasury to report annually to the Congress on the financial condition and operation of the Fund. Requires Fund amounts to be expended to carry out Federal nuclear waste management. Directs the Secretary of Energy (Secretary) to establish a separate budget account for the Fund within the Office of Environmental Restoration and Waste Management. Title II: Environmental Management and Remedial Action - Requires any land use compliance plan entered into between the Secretary and a State or Indian tribe to contain a requirement that such parties will cooperate in the development of a land use plan for the region in which the facility or site is located and the remediation of the facility or site to the extent necessary to make it compatible with the land use plan. Requires the Secretary, at least 180 days before a stage of remediation is scheduled to be accomplished under a compliance agreement, to notify the Administrator of the Environmental Protection Agency (EPA) and the State or Indian tribe affected concerning whether such stage of remediation will be completed on time or whether such compliance agreement will need to be modified to permit the delay. States that a substantial modification of a compliance agreement shall not be made without opportunity for public comment. Directs the Secretary, in consultation with the EPA Administrator and affected States and Indian tribes, to prepare a plan describing nuclear waste management activities that are recommended to be undertaken over a period of five years at all defense Federal nuclear facilities under the jurisdiction of the Department of Energy (DOE). Outlines plan contents and requires the Secretary to publish a notice in the Federal Register as well as a brief analysis of such plan, with opportunity for public comment. Requires the Secretary to adopt a final plan within one year after publication of the proposed plan and to submit it to the President and the Congress. Directs the Secretary to annually review and update such plan. Requires the Secretary to annually prepare and submit to the President a request for appropriations sufficient to fund all of the activities identified in the five-year plans in order to ensure that milestones established in the enforceable agreements will be achieved. Requires all defense Federal nuclear facilities and sites to meet all Federal, State, and tribal environmental, health, and safety laws at the earliest practicable time. Requires the Secretary to complete the environmental restoration of all defense Federal nuclear facilities by the year 2019. Establishes in DOE an Office of Nuclear Waste Management to consolidate all waste management, remedial, environmental, and decommissioning programs related to defense Federal nuclear facilities within the Department and to improve the efficiency, cost-effectiveness, budgeting, and accountability of those programs. Requires the Director of the Office to carry out the functions of the Secretary under this Act and to be responsible for DOE's remedial action and waste technology programs other than those assigned to the Office of Civilian Radioactive Waste Management under the Nuclear Waste Policy Act of 1982. Provides that, in the execution of activities necessary to bring defense Federal nuclear facilities into compliance with Federal laws governing the management of nuclear waste and in the execution of any other actions for the decommissioning, decontamination, long-term care, and monitoring of defense Federal nuclear facilities, the Secretary and the EPA Administrator shall consult with and ensure the participation of affected States and Indian tribes. Requires requests for information pertinent to a defense Federal nuclear facility or site by an affected Governor or Indian tribe to be acted upon by the Secretary within 30 days. Directs the Secretary to make grants from the Fund to States affected by defense Federal nuclear facilities remedial actions in order to implement all actions necessary to achieve remedial environmental and compliance activities at defense Federal nuclear facilities. Requires such grant funds to also be used for testing and monitoring, evaluations and public education, information requests, and public comment. Directs the Secretary to make grants to an affected State to which the Administrator has delegated regulatory authority under Federal law governing the management of Federal nuclear waste for execution of such authority with respect to defense Federal nuclear facilities located in that State. Requires such States, prior to receiving such grants, to submit to the Congress certain analyses of grant amounts and of the adequacy of DOE's environmental restoration and waste management programs relating to defense Federal nuclear facilities within such State.
Bill· HRH.R. 2807 (102nd)open
United States · United States Congress · 27 June 1991
Forest and Community Survival Act of 1991 - Title I: Ecologically Significant Old Growth Forest Reserve System - Establishes the Ecologically Significant Old Growth Forest Reserve System in order to maintain and enhance northern spotted owl habitat, ecological diversity, old growth forests, and other areas that may be essential to species dispersal and the maintenance of genetic diversity. Provides for the immediate inclusion in the System of certain Federal lands in California, Oregon, and Washington while designating certain other Federal lands in such States as study areas for possible inclusion. Requires the Secretaries of Agriculture and the Interior (the Secretaries) to prepare a map and legal description of the Federal lands and interests in lands under their respective jurisdictions that are included in the System or in a study area for filing with the appropriate congressional committees and for public inspection. Allows each Secretary to recommend an adjustment of the boundaries of the System or a study area only if the recommendation meets certain criteria and is submitted to the appropriate congressional committees together with the reasons for the recommendation. Bans timber harvesting in the System and study areas except to the extent necessary for the protection of the forest from insects and disease and for public safety, recreation, and administration. Requires lands in the System or a study area that do not meet the definition of old growth forest or are damaged by fire or other natural causes to be managed to regenerate old growth forest. States that any management activity allowed in the System and study areas shall have as its primary purpose the maintenance and enhancement of the northern spotted owl habitat, ecological diversity, old growth forests, and such areas as may be essential to species dispersal and the maintenance of genetic diversity. Withdraws Federal lands in the System and study areas from: (1) disposition under the public land laws; (2) location, entry, and patent under the mining laws; (3) operation of the mineral leasing laws; and (4) operation of the Geothermal Steam Act of 1970. Bans roads, structures, and motorized recreation and access in the System. Allows roads, structures, and motorized recreation and access in study areas (except as otherwise prohibited or restricted) if the Secretary determines that they are compatible with the protection of old growth forest and northern spotted owl habitat. Authorizes the Secretary concerned to permit hunting, trapping, and fishing in the System and study areas (except as otherwise prohibited or restricted) in accordance with applicable Federal and State law. Requires the National Academy of Sciences (NAS) to conduct a review of: (1) the harvest requirements specified for the management of critical habitat areas; (2) the impact of these requirements on the old growth forest, the species associated with old growth forests, and the social and economic structure of the region; and (3) all feasible silvicultural methods for maintaining or enhancing habitat conditions for such species throughout their range on Federal land. Requires an NAS review of Federal lands in study areas to determine which such lands are suitable for inclusion in the System. Requires NAS to submit a report on such review to the Secretary of Agriculture, the Secretary of the Interior, and the Congress that discusses the social, economic, and environmental impacts of various options, including those regarding Federal lands and interests affected by alternative definitions of old growth forest and boundary changes for the System. Requires such report to also contain NAS recommendations concerning the study areas that should be permanently included in the System or removed from consideration for inclusion in the System. Provides that within one year of the NAS report required above, each Secretary shall recommend those study areas that should be permanently included in the System or removed from further consideration for inclusion in the System. Requires each Secretary, in making such recommendations, to comply with the National Environmental Policy Act of 1969. Makes such recommendations effective after they are submitted to the appropriate congressional committees. Requires each Secretary to review such report for the purpose of determining whether the land and resource management plans for lands in California, Oregon, and Washington should be revised to take into account any management recommendations contained in the report. Requires that if a Secretary fails to adopt a preferred management recommendation into such a plan revised after such review, the Secretary must identify in the final Environmental Impact Statement for the plan revision those management recommendations rejected or modified by the Secretary and the reasons for the rejection or modification. Outlines standards for the management of Federal lands that are not included in the System or a study area but are within an area designated as critical habitat for the northern spotted owl during the period beginning on the date of the enactment of this Act and ending upon the adoption of a revised land management plan for such lands as required above. Delineates separate standards applicable to lands outside of critical habitat areas during such interim period. Requires the Secretaries to establish a joint research and monitoring program regarding the status and long-term outlook for the northern spotted owl. Outlines the research and monitoring components of the program. Subjects program results to scientific peer review. Requires each Secretary to prepare a report for the Congress displaying the yields and financial and environmental costs of timber management investment opportunities for lands in California, Oregon, and Washington. Requires the Secretary of Agriculture to include in his report: (1) the reasons why specified Forest Service Region lands are not suitable for timber production pursuant to the Forest and Rangeland Renewable Resources Planning Act of 1974; (2) the specific identity of those lands considered to be unsuitable for timber production solely due to difficulties in meeting the reforestation requirements of that Act; and (3) a description of those difficulties. Requires the Secretaries' reports on such investment opportunities to address opportunities for land exchanges with private landowners to consolidate Federal landholdings in such States to enhance reforestation and timber stand improvement. Title II: Forest Planning Amendments - Amends the Forest and Rangeland Renewable Resources Planning Act of 1974 to: (1) provide for public participation in the adoption of constraints on the Federal land planning process; (2) allow public petitions in lieu of administrative appeals for amendments or revisions to land use plans, land and resource management plans, and planning process directives if the person filing the petition alleges and relies on new information or a new law or rule to support the proposed amendment or revision; (3) authorize the imposition of penalties for frivolous petitions or appeals; (4) require that if certain documentation pursuant to the National Environmental Policy Act of 1969 is required on an action implementing a land and resource management plan, such documentation must be tiered to the final environmental impact statement on the plan; (5) make an environmental assessment the most comprehensive level of environmental documentation required for an action implementing a land and resource management plan, except under prescribed conditions; and (6) require budget requests to disclose the amount of funds needed to fully implement the land and resource management plan for each unit of the National Forest System. Title III: Economic Assistance and Forest Productivity Programs - Provides for increased payments under certain existing Federal laws for counties in Washington, Oregon, and California to assist rural communities. Outlines provisions setting forth a program to provide grants and benefit payments to, and promote economic diversification and stability for, communities and employees that are economically dependent on National Forest System Lands and public lands administered by the Bureau of Land Management and that are adversely impacted by a declining timber supply. Includes as part of such program: (1) the establishment of a special economic adjustment fund in the Treasury to consist of five percent of the Federal portion of all moneys received each year from the sale of timber and other forest products from Federal lands; and (2) the distribution by the Secretaries of grants and benefit payments from such special fund to communities and employees who meet specified eligibility criteria. Directs the Secretaries to establish a special initiative to improve the timber productivity on Federal, State, county, and private lands in counties that include communities eligible for program assistance. Requires the Secretaries, for the purpose of carrying out the initiative, to give a hiring preference to displaced employees and contract preferences to businesses that hire those employees. Specifies the components of such initiative, which include improved wood utilization. Amends the Cooperative Forest Assistance Act of 1978 to earmark a portion of the amount authorized to be appropriated each year to implement the forestry incentives program for assistance in California, Oregon, and Washington for planning, reforestation, and timber stand improvement practices to further second growth management of timber resources to offset the expected decline in timber harvests from Federal lands as a result of listing the northern spotted owl as a threatened species under the Endangered Species Act of 1973. Requires such assistance to be concentrated in those counties containing Federal lands designated as habitat conservation areas for the purposes of the protection and recovery of the northern spotted owl. Amends the Knutson-Vandenberg Act to require the purchases of Federal timber harvested from lands administered by the Bureau of Land Management to make reforestation payments to the same extent as is required with respect to National Forest Lands.
Bill· HRH.R. 2810 (102nd)referred
United States · United States Congress · 27 June 1991
Drug Treatment and Prevention Act of 1991 - Amends the Public Health Service Act (PHSA) to direct the Secretary of Health and Human Services to: (1) establish a capacity expansion program that will provide grants to assist States to expand their capacity to provide effective and comprehensive treatment to individuals who use illegal drugs; and (2) award such grants to States in which a demand for drug treatment services exceeds the capacity of organizations operating in those States to provide such services. Sets forth application procedures, Federal funding limitations, and other requirements with respect to such program. Specifies that funds provided under this Act for such program shall supplement, not supplant, existing or planned drug treatment services in a State and shall be available only for the provision of direct treatment services. Authorizes appropriations. Amends the Drug-Free Schools and Communities Act of 1986 to revise provisions with respect to emergency grants to authorize the Secretary to make drug-free schools emergency target grants to eligible local educational agencies (LEAs) and consortia of LEAs (currently, limited to LEAs) that: (1) demonstrate significant need for additional assistance for purposes of reducing and preventing drug and alcohol use and drug-related crime among students served by such agencies (currently, to combat drug and alcohol use among such students); (2) support projects that require cooperative linkages between schools and communities to reduce and prevent drug and alcohol use among schoolchildren; (3) demonstrate the most effective approaches to reducing and preventing drug and alcohol use among schoolchildren; and (4) promote the goal that every school in America will be free of drugs and violence and will offer a discipined environment conducive to learning. Specifies: (1) authorized activities by LEAs with grant funds; and (2) eligibility and application requirements for such grants by LEAs and consortia of LEAs. Directs the Secretary, in awarding grants, to give special preference to applications that: (1) hold particular promise for reducing and preventing the incidence of drug and alcohol use and drug-related violence in elementary and secondary schools; (2) are based on a rigorous and comprehensive research design; and (3) have demonstrated that they will integrate the resources of families, community groups, and the media into an effective, community-based assault on drug and alcohol use in schools. Requires the Secretary to conduct an evaluation of this program. Sets forth provisions with respect to: (1) grant amounts and distribution of funds; and (2) set-asides from appropriations to conduct such evaluation, provide training and technical assistance to LEAs, and disseminate the results of the program. Authorizes approriations. Requires a local or intermediate educational agency or consortium to include in any application to the State educational agency for a drug and alcohol abuse prevention grant a statement of how any emergency target grants funded by the Government under this Act are integrated into the overall prevention plan set forth in the application. Amends the PHSA to require a State, in order to receive specified Federal funds, to develop, implement, and submit for approval a statewide drug treatment and prevention plan, which shall designate a single State agency for developing and implementing the plan. Sets forth plan and reporting requirements. Requires States to maintain expenditures for drug-related services at a level equal to not less than the average amount of such expenditures for the preceding two years to qualify for grants, subject to waiver by the Secretary under specified circumstances.
Bill· HRH.R. 2819 (102nd)referred
United States · United States Congress · 27 June 1991
Rural Schools of America (RSA) Act of 1991 - Title I: Rural School Improvement - Authorizes appropriations for this title. Directs the Secretary of Education (the Secretary) to reserve five percent of specified funds for competitive grant awards to exemplary school programs. Directs the Secretary to allot, from remaining amounts, to each eligible local educational agency (LEA) with an approved application an amount based on that LEA's relative allocation under certain provisions of the Elementary and Secondary Education Act of 1965 for education of disadvantaged children (ESEA title I chapter 1). Provides for annual payments to eligible LEAs with approved applications if they comply with certain data collection requirements to monitor progress toward meeting national education goals, and demonstrate such progress. Requires each such LEA to reserve up to five percent of its allotment to make as many grants as practicable, for authorized activities, to community-based organizations or nonprofit partnerships between the LEA and an area-wide collaborative of private sector businesses. Sets limits on the time and the amount of funds to be used for planning purposes. Requires LEAs to use funds under this title to meet national education goals through programs designed to: (1) increase the academic achievement of rural school children to at least the national average; (2) prepare all rural children for school; (3) increase the graduation rates of rural students to at least the national average; (4) prepare rural school graduates to enter higher education, pursue careers, and exercise their responsibilities as citizens; (5) recruit and retain qualified teachers; and (6) decrease the use of drugs and alcohol by rural students, and enhance their physical and emotional health. Sets forth program accountability requirements: (1) in general, for initial grants, renewal grants, and renewal of school participation; (2) for achievement, including demonstration of improvement; and (3) for data collection certification and to monitor progress in achieving national education goals. Authorizes the Secretary to make, from reserved funds, competitive incentive awards to individual schools participating in projects assisted under this title that demonstrate exemplary progress in meeting specified program requirements. Directs the Secretary, by January 1, 1993, to report on the impact of Federal regulations, guidelines, and policies on rural public schools. Requires LEAs desiring to receive an allotment under this Act to establish a local advisory group to: (1) advise on design and conduct of a needs assessment for participating schools; (2) assist in planning for community-wide collaboration in service delivery for youths in participating schools; (3) advise the LEA and the community on how they can work together to use multiple service providers; and (4) advise and assist program implementation and review program evaluation; (5) review and approve community-based organizations' applications; (6) advise on strategies for increasing parental involvement and the number of school volunteers and role models; and (7) review community-based programs' progress or national education goals. Allows use of a comparable existing local advisory group to comply with such requirement. Sets forth special rules relating to ranking of schools to determine relative need, in general, on the basis of achievement, poverty, and racial isolation. Requires each LEA receiving a grant to serve between ten and 20 percent of its schools. Requires eligible LEAs to have flexibility to serve homeless children, desegregating students, immigrants, migrants, or other highly mobile populations, within the program assisted under this title. Deems any approved program for any school served under certain ESEA title I chapter 1 provisions to be sufficient to meet the application and program accountability requirements of this title. Title II: School Building Repair and Renovation - Authorizes appropriations to assist eligible LEAs in repairing and renovating instructional facilities in rural schools. Directs the Secretary to make allotments to State educational agencies based on relative allocations to LEAs under ESEA title I chapter 1. Directs each SEA after after being allowed to reserve one percent of such funds for administrative expenses, to allot the remainder to eligible LEAs, which shall use half of such allotment for programs for school building repair and renovation, and half for programs for school environmental concerns and safety improvements. (Authorizes the SEA to waive such 50 percent division in certain cases.) Directs the SEA to allocate such funds on the basis of the number of: (1) children from families below the poverty line; (2) school buildings used for instructional purposes; and (3) school buildings more than 25 years old used for instructional purposes. Limits the period covered by a grant application to three years, and requires annual review. Lists types of programs eligible LEAs must conduct with their allotments for: (1) repair and renovation of school buildings; and (2) improvements related to environmental concerns and safety. Title III: Evaluation of Results - Subtitle A: Assistant Secretary - Amends the Department of Education Organization Act to establish an Assistant Secretary for Rural Education in the Department of Education. Subtitle B: Rural School Research and Evaluation - Authorizes appropriations to carry out this subtitle. Directs the Secretary to establish for each region a National Rural Regional Education Research Center (Center), to be operated by the appropriate regional educational laboratory. Requires each Center to: (1) conduct independent research in rural education and distance learning technologies; (2) evaluate progress toward the national education goals of rural schools receivng funds under title I of this Act; (3) be rural education clearinghouses for research findings, policies, and practices; (4) develop measurements of rural schools' progress; (5) disseminate evaluation and research results to other centers and rural school districts and parents; (6) arrange collaboration and consortia among rural schools in the region for joint research and evaluation; (7) replicate successful models and program approaches; (8) provide technical assistance and outreach services for schools; (9) provide staff training; and (10) develop curricula to assist rural schools in moving toward meeting the national education goals. Requires each Center to reserve 25 percent of funds received under this subtitle for direct grants to rural eligible LEAs within its region, which are participating in a program assisted under title I of this Act, to conduct local school district research and evaluation of efforts toward meeting the national education goals. Title IV: General Provisions - Establishes the Interagency Council on Rural Schools to: (1) review Federal programs to determine effects on and rural schools' ability to meet national education goals; (2) track school progress toward and such goals; (3) solicit advice and information for rural education experts and rural school representatives on improvement of Federal programs; (4) review Federal regulations for duplication or contradiction; (5) report annually to the Congress and the President on rural school progress; (6) review and recommend improvement for streamlining of Federal data collection in rural schools; and (7) conduct research to help rural school practitioners improve school performance. Directs the President to conduct a White House Conference on Rural Education before October 30, 1994. Requires the Conference to: (1) develop recommendations and strategies for improving rural education; (2) marshal the forces of the private sector, governmental agencies at all levels, parents, teachers, communities, and education officials to assist rural schools in meeting national goals; and (3) conduct initial planning for a permanent national advisory commission on rural education. Requires reports to the President. Authorizes appropriations for such Conference. Establishes the Carl D. Perkins National Commission on Rural Education (the Commission). Directs the Commission to: (1) study specified issues relating to rural schools; and (2) report, and recommend changes in Federal legislation, to the President and appropriate congressional committees. Terminates the Commission three years after its first meeting. Authorizes appropriations for the Commission. Requires eligible LEAs to use Federal funds received under this Act only to supplement but not supplant non-Federal funds.
Bill· HRH.R. 2809 (102nd)open
United States · United States Congress · 27 June 1991
Amends the Natural Gas Act to require the Federal Energy Regulatory Commission to permit environmental documents or environmental assessments that are provided in connection with an application for the construction or operation of a natural gas pipeline facility to be prepared by the applicant, contractor, consultant, or other person selected by such applicant.
Bill· HRH.R. 2826 (102nd)referred
United States · United States Congress · 27 June 1991
Antarctica World Park and Protection Act - Directs the Secretary of the Interior, acting through the National Park Service, to prepare an inventory of resources and values of Antarctica. Requires the inventory to: (1) identify areas that should be managed to preserve natural ecological systems or to avoid interference with scientific research; and (2) identify areas where past actions have resulted in damage to resources or values requiring restoration or mitigation. Directs the Secretary to: (1) identify the claims asserted with respect to Antarctica by the United States and other nations, as well as existing and proposed international agreements affecting Antarctica; and (2) assess the extent to which such claims could affect this Act and the adequacy of such agreements to achieve management of Antarctica's resources in a manner consistent with this Act. Requires the Secretary, acting through the National Park Service, to prepare a plan for the management of Antarctica as a world park. Directs the Secretary to incorporate relevant international agreements into such plan. Requires the Secretary of State to submit the plan to other nations and international organizations and to report to the President and the Congress on modifications of international agreements and new agreements necessary to manage Antarctica as a world park. Requires the plan to: (1) identify areas in Antarctica appropriate for public education, interpretation, and visitation by tourists and specify conditions on such visitation to assure protection of resources and values; (2) identify areas most valuable for environmental monitoring and other scientific research and specify conditions on such research to assure protection of resources and values; and (3) identify areas requiring restoration or mitigation and the steps necessary to achieve restoration or mitigation. Prohibits U.S. citizens from entering any area not identified in the plan or appropriate for activities in conformance with the plan. Provides for public participation in the preparation of the inventory and plan. Provides for interim protection of Antarctica until the plan is completed. Amends the National Historic Preservation Act of 1966 to apply the Environmental and Historic Preservation Laws to actions in or affecting Antarctica by U.S. entities. Requires the Secretary of the Interior to be kept informed of proposals or projects by U.S. or foreign agencies that could affect Antarctica. Applies recommendations adopted by parties to the Antarctic Treaty to protect the values of Antarctica to all U.S. entities unless the United States formally exempts itself from such recommendations. Requires the Secretary of State to provide the following information to the President and the Congress: (1) information concerning actions by any nation to exempt itself from recommendations of such type; and (2) information that any nation intends to seek voting status under the Treaty. Directs the President, through the Secretary of State, to negotiate with other parties to the Treaty to establish agreements to: (1) prevent activities inconsistent with managing Antarctica as a world park; (2) prohibit mineral development or exploration in Antarctica; and (3) minimize adverse impacts on the values of Antarctica. Requires U.S. officers or agents having reliable information on activities to obtain data on Antarctica's mineral resources to provide such information to the Secretary of the Interior. Directs the President, through the Secretary of State, to request all nations whose citizens or nationals are believed to have carried out such activities to provide such data to the Secretary of the Interior. Requires the President to instruct U.S. officers to report on sanctions that could be applied to any nation failing to comply with such request. Authorizes appropriations.
Bill· HRH.R. 2787 (102nd)referred
United States · United States Congress · 26 June 1991
Department of Energy Grand Junction Area Office Establishment Act - Amends the Department of Energy Organization Act to establish as a separate Department of Energy Area Office the Grand Junction Area Office, (Grand Junction, Colorado) to: (1) assist in meeting the environmental restoration needs of the Office of Environmental Restoration and Waste Management; (2) serve as a resource in specified environmental and energy research areas; and (3) serve as a Center of Excellence for the Office of Environmental Restoration and Waste Management. Authorizes the Secretary of Energy to enter into cooperative agreements with other Federal agencies to utilize fully the environmental expertise of the Area Office.
Resolution· HRESH.Res. 185 (102nd)referred
United States · United States Congress · 26 June 1991
Urges the U.S. delegation to the 1992 United Nations Conference on Environment and Development and to all preparatory meetings to: (1) seek international agreement on standards for the control of major pollutants; (2) seek international agreement on the need for economic development activities to use innovative technologies to reduce pollution; (3) establish as the official U.S. position that manufacturing sectors of the advanced industrial nations should not be placed at a competitive disadvantage as a result of their countries' environmental standards; (4) establish an international monitoring system to ensure that parties to international environmental protection agreements will be held accountable for implementation; and (5) request the Environmental Protection Agency to conduct a study which compares the level of technology and research in environmental remediation programs of countries attending the Conference.
Report· Rapport de l'OPECST1990-415introduced
France · Senate · 25 June 1991
Les problèmes posés par le traitement des déchets ménagers, industriels et hospitaliers
Bill· proposition de lois90910412lapsed
France · Senate · 25 June 1991
Bill· HRH.R. 2757 (102nd)reported
United States · United States Congress · 25 June 1991
Authorizes the Board of Regents of the Smithsonian Institution to acquire land for watershed protection at the Smithsonian Environmental Research Center at Edgewater, Maryland. Authorizes appropriations to the Board to carry out such purposes for FY 1992 and succeeding fiscal years. Requires that such sums be matched equally with funds from non-Federal sources. Amends Federal law which authorizes the Board to plan, design, construct, and equip specified space in the National Museum of Natural History to provide that the appropriation authorized for such purpose is to remain available until expended.
Bill· HRH.R. 2746 (102nd)open
United States · United States Congress · 25 June 1991
National Recycling Markets Act of 1991 - Title I: Department of Commerce Requirements - Directs the Secretary of Commerce to establish a Bureau of Recyclable Commodities within the Department of Commerce to promote the use of recovered materials diverted from solid waste. Requires the Secretary to identify and, to the extent practicable, standardize types and grades of specified recovered materials covered by this title and compostable materials that qualify as recovered materials. Excludes materials that are not recycled easily from consideration as recovered materials. Directs the Secretary to promulgate regulations to encourage the elimination of the production of such materials and the production of alternatives that can be recycled easily. Requires producers of materials or products likely to be treated as recovered materials to ensure that such materials conform to the specifications of an identified grade. Permits industries or local governments engaged in recycling activities to petition the Secretary for the revision of grades to prevent or minimize interference with current recycling techniques. Directs the Secretary to make reports available to the public, at least on a quarterly basis, on prevailing market prices for recovered materials. Requires the Secretary to make reports available to the public, at least annually, on: (1) the prevailing national recycling rate for each recovered material; and (2) the technical and economic factors that may influence future foreign and domestic markets for recovered materials. Directs the Secretary to report to the Congress on the potential for expanded recycling of recoverable paper and paperboard, lead scrap, rubber scrap, plastic scrap, aluminum scrap, ferrous and nonferrous scrap, waste glass, and yard and food waste. Authorizes the Secretary to provide technical and financial assistance to a person for the purpose of constructing or operating facilities and equipment for the collection, separation, or processing of recyclable materials. Sets forth minimum content standards and deadlines for the use of post-consumer materials in aluminum, glass, steel, plastics, and paper or products, packaging, or containers containing such materials. Prohibits the transport in interstate commerce of covered items not meeting such standards. Applies such standards to entities that produce covered items. Sets forth reporting requirements for such entities and major users of such materials. Requires the Secretary to publish an annual list indicating, by commodity, the average annual amount of post-consumer and post-mill recovered materials used in the commodity and the average annual percentage of such materials for manufacturers of paper, glass and plastic bottles and containers, and metal containers. Directs publishers of daily newspapers with annual circulations of 25,000 or more to publish the average annual percentage of post-consumer recovered material used in the production of such newspapers during the previous calendar year. Prohibits States or political subdivisions from establishing or continuing minimum content standards that are more stringent than those set forth in this title. Prohibits products, packages, containers, or materials that do not meet: (1) minimum content standards from being labeled as recycled or as having recycled content; and (2) the recycling rate goal set forth in title II (within the distribution area of the item) from being labeled as recyclable or compostable. Sets forth labeling requirements with respect to recycled and recyclable items that meet content standards and recycling rate goals. Requires manufacturers of items which use plastic in the item or packaging to indicate on the item or packaging the type of plastic used. Requires the Secretary to develop a program to promote the sale in foreign commerce of recovered materials for recycling by foreign industries. Directs the Secretary to make available to the public information on foreign markets. Requires the Secretary to develop a program to promote the sale in foreign commerce of recycled goods produced in the United States. Directs the Secretary to integrate this program with existing programs promoting the sale of such goods. Requires the Secretary to make grants to accredited institutions of higher education to establish at least four to six recycling research centers in the United States. Directs the Secretary to establish such centers equitably among the regions of the United States. Requires each center to carry out at least one project relating to research on the composting of yard waste, food waste, or recoverable paper and paperboard. Limits the Federal share of grants to 80 percent of the total cost of establishing and operating the research center. Requires the Secretary to provide technical assistance to State and local governments for public education programs concerning recycling and waste reduction. Directs the Secretary to issue a recycling advisory to potentially affected parties if a characteristic of a recyclable material is interfering with: (1) current recycling techniques; (2) marketing of recycled goods manufactured from the material; or (3) handling of the recyclable material prior to recycling. Makes such advisories available to the public. Makes information compiled under this title available to the public. Establishes a toll-free telephone hotline for members of the public seeking information from the Department of Commerce. Title II: Environmental Protection Agency Requirements - Sets forth goals for rates at which products or packaging made of glass, aluminum, ferrous metals and bimetal packaging, plastics, recyclable paper, and nonrecyclable compostables should be recycled in distribution aras. Requires the Administrator of the Environmental Protection Agency (EPA) to set up a system to monitor compliance with recycling rate goals. Directs the Administrator to: (1) collect and analyze statistics to determine the prevailing national recycling rates for recovered materials; and (2) revise the standard industrial classification system as necessary to facilitate the collection of information on recycling and related activities. Amends the Solid Waste Disposal Act to revise provisions concerning Federal procurement of recycled goods. Applies procurement requirements to: (1) Federal agencies that have procured over $10,000 of items; and (2) other entities that have used funds appropriated to a Federal agency to which such procurement policies apply. Prohibits Federal agencies, for purposes of determining whether to procure items composed of recovered materials, from determining that a price is unreasonable unless it exceeds by more than ten percent the price of items not meeting the recovered materials content standards. Sets forth: (1) specification requirements for procuring agencies; and (2) deadlines for the issuance of guidelines by the Administrator for the procurement of specified items. Directs the Administrator to review and increase the minimum content standards for procured items every four years. Revises provisions concerning the affirmative procurement program. Requires manufacturers of items to provide vendors with certifications of the minimum recovered materials content used or to be used in such items. Sets forth reporting requirements for agencies involved in the affirmative procurement program. Requires the Administrator to establish a program for the source separation and collection of materials contained in solid waste from Federal agencies. Directs the Administrator to issue guidelines for such program. Requires Federal office facilities with more than 25 workers to carry out such programs. Provides for the retention by a Federal agency of any funds received from the sale of collected materials and any savings in solid waste disposal costs resulting from the implementation of such programs. Authorizes the Secretary to conduct an independent technical assessment of any specification, grade, test method, or standard for a product, raw material, or feedstock that may: (1) disfavor the use of a recovered material as a substitute for comparable virgin feedstocks or raw materials in the manufacture of the product; and (2) have a substantial adverse impact on existing or potential markets for the recovered material. Prohibits the Secretary from reviewing specifications, grades, test methods, or standards established by individual firms or persons. Requires the Secretary to: (1) publish and make available to the public the findings of the technical assessment; and (2) provide to interested parties information and technical assistance to remove barriers to recycled goods through the standard-setting process. Permits the Secretary to conduct an assessment only upon petition by industries or local governments engaged in recycling activities. Sets forth recycling advisory and information availability requirements for EPA comparable to those set forth in title I for the Department of Commerce.
Bill· HRH.R. 2767 (102nd)referred
United States · United States Congress · 25 June 1991
Toxic Pollution Responsibility Act of 1991 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act to absolve municipalities or persons that generate or transport municipal solid waste from liability under such Act.
Resolution· SRESS.Res. 141 (102nd)referred
United States · United States Congress · 24 June 1991
Declares that it is the sense of the Senate that the United States Government implement the recommendations of the National Academy of Sciences in its report "Policy Implications of Greenhouse Warming."
Bill· HRH.R. 2738 (102nd)referred
United States · United States Congress · 24 June 1991
Extends the presumption of service-connection, for purposes of eligibility for veterans' benefits and medical care in the case of exposure to ionizing radiation, to include reserve members exposed to such radiation during active duty training and inactive duty training. Expands the list of diseases presumed to be service-connected in the case of exposure to ionizing radiation to include cancer of the salivary tract, cancer of the urinary tract, cancer of the colon, and bronchogenic carcinoma. Terminates the current presumptive period (the maximum period allowed before manifestation of the illness or disease occurs in order to be presumed to be service-connected and, therefore, covered as a veterans' benefit) of 40 years after participation in the radiation-related activity (30 years in the case of leukemia). Amends the Veterans' Dioxin and Radiation Exposure Compensation Standards Act to direct the Secretary of Veterans Affairs to establish guidelines and standards for the resolution of claims for benefits where a claim is based on a veteran's exposure to ionizing radiation. Directs the Secretary, in consultation with the Secretary of Defense, to identify not less than three activities in which individuals serving on active duty or active or inactive duty training have participated and which likely would have exposed such individuals to levels of ionizing radiation above background levels. Requires the Secretary to identify at least three additional activities no later than October 1 of each of the years 1992 through 1994. Requires the Secretary, immediately after identifying such an activity, to direct the Veterans' Advisory Committee on Environmental Hazards to evaluate and make a finding as to whether participation in such activity resulted in exposure to ionizing radiation comparable to that of veterans who participated in a radiation-risk activity as defined under current veterans' benefits provisions. Requires reports from the Committee and the Secretary concerning such activities. Directs the Secretary to list each ionizing radiation exposure identified, unless the Secretary determines that the activity did not result in an opportunity for exposure to ionizing radiation comparable to that of veterans who participated in previously-identified radiation-risk activities.
Bill· SS. 1353 (102nd)referred
United States · United States Congress · 21 June 1991
Pesticide Health and Safety Act of 1991 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to expand the definition of certified, private, and commercial applicators to include individuals who use registered (currently, restricted use) pesticides. Expands circumstances under which a pesticide is considered to be misbranded. Directs the Administrator of the Environmental Protection Agency to publish standards for neurotoxic information required to support pesticide registrations. Requires public health effects and the presence of toxic inert ingredients to be considered for the approval of a registration. Directs the Administrator to publish guidelines for calculating the benefits of a pesticide. Requires the Administrator to consider whether the denial of a registration will cause major disruptions in the nutritional balance of children or adults or adversely affect the quality or safety of the food supply. Makes fees collected in the reregistration and expedited processing fund available for research. Revises cancellation provisions to require the Administrator to cancel a pesticide registration if: (1) there are concerns that the pesticide causes adverse environmental or human health effects; or (2) the pesticide is not in compliance with FIFRA requirements. Requires the Administrator to review scientific information prior to issuing a proposed cancellation order and to base the cancellation decision on exposure data. Sets forth required contents of proposed cancellation orders and comment and review procedures for such orders. Requires the Administrator, if no comments opposing a proposed order have been received or if no changes are made to comply with registration conditions, to issue a final order cancelling registration, denying an application for registration, or changing the classification of the pesticide. Sets forth required contents of final orders. Requires all cancellation proceedings to be concluded within two years of the date the proposed order is published. Revokes tolerances (established under the Federal Food, Drug, and Cosmetic Act) for which final orders have been issued. Authorizes the Secretary of Health and Human Services to issue regulations to account for unavoidable residual environmental contamination existing after such revocation. Sets forth judicial review procedures. Authorizes any person to petition the Administrator for the suspension, cancellation, application denial, or reclassification of a pesticide. Sets forth reconsideration procedures. Authorizes the Administrator to summarily deny registration, amendment, or exemption applications for pesticides that have been subject to final orders cancelling or denying registration or changing classification unless the applicant presents substantial new evidence which affects the order. Sets forth reconsideration procedures. Directs the Administrator, if a pesticide cannot be cancelled pursuant to specified FIFRA cancellation criteria, to reclassify one or more uses of the pesticide for prescription use only. Provides that the prescription use classification shall require a certified pest control expert to inspect the setting in which the pesticide is to be applied to document the presence of the target pest and determine that no other pest control option is available. Provides for review of reclassifications in the appropriate court of appeals. Authorizes the Administrator to issue an order suspending a pesticide registration if the pesticide may cause adverse environmental or health effects. (Current law authorizes suspensions to prevent an imminent hazard.) Provides for termination of a suspension order within 180 days of issuance unless a proposed cancellation order has been published. Authorizes the continued sale or use of existing stocks of a suspended pesticide if such use will not cause adverse environmental or health effects. Requires existing stocks to bear labels stating that production of the pesticide has been suspended because of health and environmental concerns. Directs manufacturers, if the existing stocks may not be sold, to accept returns of the pesticide and provide reimbursement to purchasers. Permits the Administrator to terminate a suspension order at any time. Sets forth judicial review procedures. Requires registrations of pesticides registered before November 1, 1984, to automatically expire: (1) 19 years after the active ingredient was first registered; or (2) nine years after a date determined by the Administrator that products containing the ingredient are eligible for reregistration, whichever is later. Sets forth an expiration date of 15 years after the initial registration for pesticides registered after October 31, 1984. Requires registrations of pesticides containing more than one active ingredient to expire: (1) 15 years after the earliest registration for an active ingredient in the formulation; or (2) nine years after a date determined by the Administrator that pesticides containing one of the active ingredients in the product are eligible for reregistration, whichever is later. Provides for the subsequent expiration of all pesticide registrations every nine years after the most recent expiration. Requires tolerances to expire concurrently with registrations. Authorizes the continuation of tolerances for up to two years to ensure that agricultural products already in commerce can be sold. Permits the sale and use of existing stocks of expired pesticides for up to one year following the expiration, subject to certain conditions. Sets forth provisions concerning registration renewals. Authorizes the Administrator to require pesticide exporters and importers, applicants for, or holders of, experimental use permits, pesticide testing facilities, or holders of regulated pesticides to maintain certain records. Requires: (1) commercial and private applicators to keep specified records; and (2) pesticide dealers to keep records of each sale or distribution of a registered pesticide. Exempts the application of chemicals for cleaning, sanitizing, or disinfection purposes from applicator certification requirements. Provides that certification standards shall require individuals to be competent with respect to integrated pest management. Authorizes the Administrator (current law requires), when establishing or approving standards for licensing or certification, to establish separate standards for commercial and private applicators. Revises provisions concerning a scientific advisory panel.
Bill· SS. 1351 (102nd)open
United States · United States Congress · 21 June 1991
Department of Energy Science and Technology Partnership Act - Establishes a program in the Department of Energy (DOE) under which the Secretary of Energy shall encourage departmental laboratories to enter into partnerships for research in: energy efficiency, energy supply, high-performance computing, environmental problems, human health, advanced manufacturing technologies, education and training. Authorizes such partnerships with colleges and universities, industry, and other Federal agencies. Amends the Department of Energy Organization Act to establish a career path program for the recruitment of promising and gifted employees of DOE's national laboratories to serve in critical and other positions as a stage in realizing the full potential that such employees contribute to the strategic defense and energy security posture of the United States. Increases the number of Under Secretaries in DOE from one to three, and the number of Assistant Secretaries from eight to 11.
Bill· SS. 1336 (102nd)referred
United States · United States Congress · 20 June 1991
Amends the Higher Education Act of 1965 to revise and retitle title XI as Urban Community Service. Establishes an Urban Community Service program to provide incentives to urban institutions to devise and implement solutions to pressing and severe problems in their communities. Requires applications for such urban community service program grants to include documentation of the formation of a consortium that includes, in addition to the eligible urban institution of higher education, one or more of the folowing entities: (1) an urban school system; (2) a local government; (3) a business or other employer; and (4) a nonprofit institution. Allows the Secretary of Education (the Secretary) to waive such consortium requirements for applicants with an appropriate integrated and coordinated plan. Gives priority to applications that propose to conduct joint projects supported by other local, State, and Federal programs. Requires grant funds to be used for planning, applied research, technical training, resource exchanges, technology transfers, delivery of services, or other activities to design and implement programs to assist urban communities to meet and address their most pressing problems. Includes the following problem areas among those for which such activities are authorized: (1) work force preparation; (2) urban poverty and its alleviation; (3) health care, including delivery and access; (4) under-performing school systems and students; (5) problems faced by the elderly in urban settings; (6) problems faced by families and children; (7) crime prevention and alternative interventions; (8) urban housing; (9) urban infrastructure; (10) economic development; (11) urban environmental concerns; and (12) other problem areas which the participants agree are of high priority for that urban area. Establishes an Urban College, University, and School Partnerships program to encourage partnerships of urban institutions of higher education and secondary schools or local educational agencies (LEAs) serving low-income and disadvantaged urban students to support programs to improve school retention and graduation rates, student academic skills, opportunities to continue education beyond high school, and prospects for productive employment. Provides that such program shall also help institutions of higher education serve more effectively both nontraditional students and unemployed or underemployed adults, particularly in high unemployment areas. Allows such partnerships to include businesses, labor organizations, professional associations, community-based organizations, or other public or private agencies or organizations. Authorizes the Secretary to make grants to eligible partnerships to support the authorized program activities. Requires that grant preference be given to programs that: (1) serve predominantly low-income neighborhoods; (2) are conducted during the regular school year and during the summer; and (3) serve educationally disadvantaged students, potential dropouts, pregnant adolescents, and teenaged parents. Requires maintenance of fiscal effort by LEAs participating in such partnership agreement. Requires: (1) matching funds (in cash or kind) from the partnership; (2) a gradually declining specified Federal share of project costs; and (3) use of such Federal grant funds to supplement and not supplant non-Federal funds. Provides for: (1) peer review panels for title IX grant applications; and (2) multiyear disbursement of grant funds, under specified conditions. Authorizes appropriations.
Bill· SS. 1335 (102nd)referred
United States · United States Congress · 20 June 1991
Strategy to Eliminate Crime in the Urban and Rural Environment Act of 1991 - Title I: Rural Crime Prevention Strategy - Requires the Director of the National Institute of Justice to conduct a national assessment of the nature and extent of rural crime in the United States, the needs of law enforcement and criminal justice professionals in rural States and communities, and promising strategies to respond effectively to those challenges, including: (1) the problem of clandestine drug laboratories; (2) other environmental crimes, such as the dumping of toxic waste; (3) the cultivation of illegal crops, such as marihuana; (4) the problems of drug and alcohol abuse in rural communities; (5) the problems of family violence and child abuse; (6) the problems of juvenile delinquency and vandalism; (7) the access of law enforcement and criminal justice professionals in rural communities to the services of crime laboratories, the Automated Fingerprint Identification System, and other technological support, and to professional training and development; and (8) the special problems of drug abuse in jurisdictions with populations of 50,000 or less. Requires the Director to: (1) submit the national assessment to the President and the Congress within 12 months; and (2) disseminate the results through programs of training and technical assistance, as well as through reports, publications, and clearinghouse services. Authorizes the Director to make grants to local law enforcement agencies for pilot programs and field tests of particularly promising strategies and models, which could then serve as the basis for demonstration and educational programs under the Bureau of Justice Assistance (BJA) discretionary grant program, such as programs to develop and demonstrate new or improved approaches or techniques for rural criminal justice systems. Authorizes appropriations. Title II: Violent Felonies Against the Elderly - Amends the Federal criminal code to establish a mandatory sentence for the commission of a felony against an individual age 65 or older. Sets limitations on the discretion of the court with respect to suspending such sentence, authorizing probation or parole, allowing the defendant to serve consecutive sentences, and accepting plea agreements. Authorizes appeals on the grounds that a sentence is less severe than that required under this Act. Amends the Federal Rules of Criminal Procedure to: (1) preclude either the defendant or the court from waiving a presentence investigation and report unless there is sufficient information in the record for the court to determine whether a mandatory sentence pursuant to this Act must be imposed; (2) require such report to contain verified information as to whether any victim of the offense had attained age 65 on the date that the offense was committed; and (3) make an exception to the general rule authorizing plea bargain discussions in cases involving the commission of a felony against individuals age 65 and older. Title III: Child Abuse, Sexual Violence, and Violence Against Women - Amends the Federal Rules of Evidence to allow evidence of similar offenses in criminal or civil sexual assault and child molestation cases. National Child Abuser Registration Act of 1991 - Authorizes a State child abuse information repository (State repository) to report child abuser information to the National Crime Information Center. Directs the Attorney General to establish guidelines for the reporting of such information. Specifies that such guidelines shall require that: (1) a reporting State ensure that reports of all convictions under the criminal child abuse law of the State are maintained by a State repository; and (2) a State repository maintain close liaison with the National Center on Child Abuse and Neglect and the National Center for Missing and Exploited Children for exchange of information and technical assistance in cases of child abuse. Requires the Attorney General to publish an annual statistical summary of the child abuser information reporting under this Act. Makes compliance with this Act a condition to the receipt by a State of any grant, cooperative agreement, or other assistance under the Victims of Crime Act (VCA) and the Child Abuse Prevention and Treatment Act. Amends the Controlled Substances Act (CSA) to provide for increased penalties for distribution of a controlled substance to a woman while she is pregnant. Expresses the sense of the Congress that, for purposes of determining child custody, credible evidence of physical abuse of a spouse should create a statutory presumption that it is detrimental to the child to be placed in the custody of the abusive spouse. Amends Federal criminal code provisions relating to sexual abuse to double the maximum imprisonment for violation of such provisions after a prior conviction under Federal or State law for such an offense. Adds to such provisions a special definition of "sexual act" applicable to individuals under the age of 16. Authorizes the court to order the payment of restitution for victims of sex offenses. Amends the Higher Education Act of 1965 to add sexual assault or any other abusive sexual conduct to the list of offenses regarding which certain institutions are required to collect and disclose statistics. Requires each institution to report the statistics to parents or guardians of students as well as to other groups specified by current law. Amends the Federal criminal code to require that a person charged with an offense under provisions relating to sexual abuse be tested for the human immunodeficiency virus: (1) before release pending trial; and (2) six months and twelve months after the initial test. Requires results to be provided to the judicial officer or court and disclosed only to the victim, the attorney for the Government, and the person tested. Requires the U.S. Sentencing Commission to enhance the sentence guidelines if the offender had reason to know that he was infected, except where the offender did not engage or attempt to engage in conduct creating a risk of transmission. Amends the Victims' Rights and Restitution Act of 1990 to require a governmental department or agency to pay for up to two tests for a sexual assault victim in the twelve months following the assault. Establishes the National Task Force on Violence Against Women to develop a uniform Federal, State, and local law enforcement strategy aimed at protecting women against violent crimes, punishing persons who commit such crimes, and enhancing the rights of the victims. Authorizes appropriations. Domestic Violence Prevention Act of 1991 - Amends the Family Violence Prevention and Services Act to add increasing public awareness as a purpose of State demonstration grants. Authorizes grants for public information campaigns regarding domestic violence. Requires a State grant recipient to establish a Commission on Domestic Violence. Requires a specified minimum percentage of funds for demonstration grants for prevention of, and provision of immediate shelter and other assistance to, victims of family violence and their dependents to be used for rural areas. Limits law enforcement training grants to private nonprofit organizations that have certain experience. Authorizes appropriations to carry out the Act. Amends the Federal Rules of Criminal Procedure to modify the number of peremptory challenges available to specified parties when the offense charged is punishable by imprisonment for more than one year. Amends the Federal criminal code to: (1) prohibit peremptory jury challenges on the basis of race, color, or any other classification that could not lawfully be used by a prosecutor; and (2) give the prosecutor the same right as the defense attorney to challenge the exercise of peremptory challenges on this ground, with the court applying the same standards and granting the same relief. Enacts rules, to be known as the Rules of Professional Conduct for Lawyers in Federal Practice, and includes them as an appendix to provisions of the U.S. Code relating to the judiciary and judicial procedure. Applies the rules to proceedings before a U.S. court or a Federal agency that carries out adjudicatory or quasi-adjudicatory functions. Includes rules relating to: (1) various types of litigation abuses (including conduct to increase litigation expenses or with no substantial purpose other than to distress another person); (2) expediting litigation (including not attempting to delay or prolong proceedings for specified reasons); and (3) a duty to prevent the commission of a crime (including allowing or requiring disclosure of information.) Requires a protective order issued by a court of a State to have the same full faith and credit in a court in another State as in a court of the issuing State. Title IV: Law Enforcement Officers Bill of Rights - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to require a five percent reduction in certain assistance under such Act for any law enforcement agency which fails to have in effect a law enforcement officer's bill of rights providing for: (1) investigations for alleged malfeasance, misfeasance, or nonfeasance of official duty; (2) the representation of law enforcement officers on police complaint review boards; (3) opportunities for a hearing; (4) summary punishment, administrative action, and emergency suspension; (5) the recovery of damages for civil suits brought for violations of these rights; (6) notice of disciplinary actions to be taken against such officers; and (7) a prohibition against retaliation for exercising rights. Title V: Victims' Bill of Rights - Amends the Federal criminal code to require (currently, authorize) the court to order restitution of the victim of the offense of which a defendant is convicted when such defendant is being sentenced for specified offenses. Authorizes a court to order restitution of any person who, as shown by a preponderance of the evidence, was harmed physically, emotionally, or pecuniarily by unlawful conduct of the defendant during the criminal episode during which the offense occurred or during the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense. Directs the court: (1) to order restitution to a victim in the full amount of the victim's losses as determined by the court without consideration of the economic circumstances of the offender or the fact that a victim is entitled to receive compensation for a loss from insurance or any other source; and (2) upon determination of the amount owed to each victim, to specify in the restitution order the manner of and schedule for restitution in consideration of the financial resources and other assets, projected earnings and other income, and financial obligations of the offender, including obligations to dependents. Specifies that: (1) a restoration order may direct the offender to make a single, lump-sum payment, partial payments at specified intervals, or such in-kind payments as may be agreeable to the victim and the offender; and (2) such in-kind payments may be in the form of the return or replacement of property, or services rendered to the victim or another person or organization. Provides that when the court finds that more than one: (1) offender has contributed to the loss of a victim, the court may make each offender liable for payment of the full amount of restitution or may apportion liability among the offenders to reflect the level of contribution and economic circumstances of each offender; and (2) victim has sustained a loss requiring restitution by an offender, the court shall order full restitution of each victim but provide for different payment schedules to reflect the economic circumstances of each victim. Sets forth provisions regarding: (1) compensation with respect to losses from insurance or other sources; (2) set-offs against amounts later recovered as compensatory damages by the victim in Federal and State civil proceedings; and (3) payment by the offender to the clerk of the court for accounting and payment in accordance with this Act. Specifies that a restitution order shall constitute a lien against all property of the offender and may be recorded in any Federal or State office for the recording of liens against real or personal property. Makes compliance with the schedule of payments and other terms of a restitution order a condition of any probation, parole, or other form of release of an offender. Specifies actions the court may take, including revocation of probation or supervised release, if a defendant fails to comply with a restitution order. Provides for enforcement of restitution orders. Authorizes: (1) a victim or the offender to petition the court to modify a restitution order in view of a change in the economic circumstances of the offender; and (2) the court to refer any issue arising in connection with a proposed restitution order to a magistrate or special master for proposed findings of fact and recommendations as to disposition, subject to a de novo determination of the issue by the court. Authorizes the court: (1) to require the defendant to reimburse the victim for necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of, or attendance or proceedings related to, the offense; and (2) if the defendant is delinquent in making restitution pursuant to an established payment schedule, after a hearing, to suspend the defendant's eligibility for all Federal benefits until such time as the defendant demonstrates to the court good-faith efforts to return to such schedule. Amends the Federal Rules of Criminal Procedure to authorize the court: (1) before imposing sentence for a crime of violence or sexual abuse, to address the victim personally if the victim is present at the sentencing hearing and determine if the victim wishes to make a statement and present any information in relation to the sentence; and (2) upon a motion that is filed jointly by the defendant and the attorney for the Government, to hear in camera such a statement by the victim. Repeals: (1) the current $150,000,000 cap on the Crime Victims Fund under the VCA; and (2) sunset provisions under such Act. Modifies the formula for the distribution of sums deposited into the Fund to provide that: (1) seven percent of the total funds deposited in a fiscal year be available for child abuse prevention and treatment grants; (2) four percent be available for training and technical services to victim assistance programs and for financial support of services to victims of crime by victim assistance programs; and (3) 89 percent be available for crime victim compensation and victim assistance programs. (Current law provides a complex formula for the distribution of funds depending on the amount deposited in the Fund.) Authorizes the Director of the Office for Victims of Crime to retain any amount in excess of 110 percent of the total deposited in the previous fiscal year as a reserve for those years in which there is a shortfall in the Fund, provided that the reserve not exceed $20,000,000. Provides that the first $6,200,000 above $150,000,000 deposited in the Fund through FY 1995, and the first $3,000,000 for each fiscal year thereafter, be available to the judicial branch for administrative costs. Increases the Federal share of victim compensation programs from 40 to 45 percent of the amounts awarded by each program during the preceding fiscal year. Allows up to five percent of a victim compensation program grant to be used for administrative costs. Specifies that if the compensation paid by an eligible crime victim compensation program would cover costs that a Federal program, or a federally financed State or local program, would otherwise pay: (1) such victim compensation program shall not pay such compensation; and (2) the other program shall make its payments without regard to the existence of the crime victim compensation program. Authorizes the Director to use unspent compensation funds for assistance programs in either the year such funds are not spent or in the following year. Requires crime victim assistance chief executives to give particular attention to children who are victims of violent street crime. Authorizes the use of grants under this Act for demonstration projects. Allows up to five percent of a victim assistance program grant to be used for administrative costs. Makes biannual reports under such Act due on May 31 (currently, such reports are due December 31). Requires grantees to certify that no grant funds will be used to supplant State and local funds, but rather will supplement those otherwise available funds. States that specified allocation provisions under this title shall take effect in a fiscal year upon certification by the Director that there are sufficient funds in the Victims Assistance Fund and the Victims Compensation Fund at the end of the previous fiscal year so that such allocations will not reduce the current funding levels in such funds. Title VI: Gangs and Juvenile Offenders - Requires that juveniles found guilty of specified serious crimes be fingerprinted and photographed and that such information and records of the adjudication be sent to the Federal Bureau of Investigation. Authorizes reporting, retention, disclosure, and availability of juvenile records permitted under the law of the State in which a Federal juvenile proceeding takes place. Repeals provisions that authorize prejudgement probation for certain drug offenders convicted of possession of a controlled substance and require expungement of records for such offenders under 21 years of age at the time of the offense. 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. Sets forth criteria for determining whether a juvenile should be prosecuted as an adult. Defines "serious drug offense" under the Federal criminal code to include any act of juvenile delinquency that if committed by an adult would be a serious drug offense under such provisions. Increases the penalty for: (1) interstate and foreign travel or transportation in aid of racketeering enterprises; and (2) conspiracy to commit murder for hire. Specifies that: (1) whoever is convicted of a felony crime of violence for the benefit of, or in association with any criminal street gang, shall in addition to the punishment provided by law for such crime, be fined, imprisoned for up to three years, or both; and (2) any imprisonment imposed under this provision shall not run concurrently with that imposed for the underlying crime. Title VII: Death Penalty - Capital Punishment Procedures Act of 1991 - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits evidence to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Sets forth special aggravating factors for: (1) homicide and the attempted murder of the President; and (2) drug offenses punishable by the death penalty (such factors include previous serious drug felony convictions, use of a firearm in committing or furthering certain continuing criminal enterprises, use of minors in trafficking, and lethal adulteration of controlled substances). Directs the court, or the jury by unanimous vote, to impose the death penalty upon a finding of at least one aggravating and no mitigating factor, or one or more aggravating factors which outweigh any mitigating factors. States that no person who was under 18 years of age at the time of the offense may be sentenced to death. Requires the court to instruct the jury not to consider the race, color, religion, national origin, or sex of the defendant or victim in its consideration of the sentence. Establishes procedures for appeal from a death sentence. Requires the court of appeals, upon consideration of the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under the influence of passion, prejudice, or any other arbitrary factor; (2) the information supports the finding of aggravating factors; and (3) the proceedings did not involve any other prejudicial error requiring reversal of the sentence that was properly preserved for and raised on appeal. Requires the court to provide a written explanation of its determination. Sets forth procedures for the implementation of the sentence of death. Limits the circumstances under which the offense of delivering defense information to aid foreign governments is punishable by death. Provides for the imposition of the death penalty for: (1) murder committed by prisoners in Federal prisons; (2) kidnappings which result in the death of any person; (3) hostage takings which result in the death of any person; (4) attempting to kill the President of the United States (if such attempt results in bodily injury or comes dangerously close to causing the President's death); (5) "murder for hire"; (6) murder in the aid of a racketeering activity; (7) engaging in a criminal enterprise activity which results in death; (8) specified violations of the CSA, the Controlled Substances Import and Export Act, and the Maritime Drug Law Enforcement Act; (9) murders in connection with sexual assaults and child molestations; and (10) civil rights murders and certain murders involving damage to religious property or obstruction of persons in the free exercise of religious beliefs. Increases the minimum sentence to life imprisonment for the crime of bank robbery which results in death. Provides for appointment of counsel in Federal cases where a defendant is charged with a crime with respect to which a sentence of death is sought and is or becomes financially unable to obtain adequate representation. Sets forth additional provisions with respect to: (1) representation before and after review of judgement; (2) standards for competence of counsel; and (3) claims of ineffectiveness of counsel. Sets forth provisions with respect to: (1) deadlines for collateral attacks on judgements imposing a sentence of death; and (2) stays of execution. Title VIII: Imposition of Mandatory Minimum Sentences Without Release - Amends the Federal criminal code to establish the following penalties for offenses committed during and in relation to any crime of violence or drug trafficking crime, or during and in relation to any felony punishable under certain provisions relating to counterfeiting and forgery, in addition to the punishment provided for such crime. Provides that whoever: (1) uses, carries, or otherwise possesses a firearm shall be sentenced to imprisonment for ten years without release; (2) discharges a firearm with intent to injure another person shall be sentenced to imprisonment for 20 years without release; or (3) uses, carries, or otherwise possesses a firearm that is a machine gun or is equipped with a firearm silencer or muffler shall be sentenced to imprisonment for 30 years without release. Sets penalties for second, third, and subsequent convictions. Prohibits the release of any person convicted for any reason during a term of imprisonment imposed under this title. Amends the CSA to increase the sentences for distributing illegal drugs to persons under age 21 and for employing persons under 18 years of age in drug operations to up to ten years without release for a first offense and up to 20 years without release for a second offense. Prohibits the court from placing such persons on probation or suspending the sentence. Prohibits their release during the term of the sentence. Increases prison sentences for trafficking in marihuana and specified categories of controlled substances. Establishes mandatory sentences, in addition to any other sentence imposed for the underlying possession or distribution, of: (1) one year imprisonment without release in a case involving possession of a controlled substance within a Federal prison or other Federal detention facility; and (2) ten years without release in a case involving the smuggling of a controlled substance within such prison or facility. Prohibits the court from placing such individuals on probation or suspending the sentence. Prohibits such person from being eligible for parole during such term of imprisonment. Amends the Immigration and Nationality Act to: (1) require the deportation of aliens convicted of drug trafficking crimes or crimes of violence or for commission of an aggravated felony; and (2) increase the penalty (currently, 15 years for individuals whose deportation was subsequent to certain felony convictions) to 20 years without release, and to life imprisonment without release for a second violation, without probation, suspension of sentence, or early release, for reentry of a deported alien whose deportation was subsequent to a conviction for a drug trafficking crime or crime of violence. Grants priority for Federal drug law enforcement assistance funds from BJA grant programs to States having laws providing for mandatory minimum sentences, elimination of early release, and payment of trial costs and mandatory fines by individuals convicted of specified controlled substance violations. Revises the formula for determining the amount distributed from the Drug Control and System Improvement Grant Program. Title IX: Mandatory Judicial Reforms - Amends the Federal criminal code to bar the exclusion of evidence obtained as a result of a search or seizure carried out under circumstances justifying an objectively reasonable belief that it was in conformity with the fourth amendment. Specifies that: (1) Federal law does not require the exclusion of evidence in a proceeding in any court under circumstances in which the evidence would be admissible in a proceeding in a Federal court pursuant to this title; and (2) firearms seized by Federal law enforcement officers for use as evidence against a defendant who is being prosecuted for a crime of violence or serious drug offense, or who is ineligible to possess such firearm under the Federal criminal code, shall not be excluded in U.S. court proceedings on the ground that the search or seizure was in violation of the fourth amendment. Directs the Attorney General to promulgate rules and regulations relating to compliance by law enforcement officers of the Department of Justice with the fourth amendment, including: (1) the training of such officers in the law of search and seizure; (2) procedures and standards of conduct to be observed in carrying out searches and seizures; (3) procedures for reporting and investigating incidents involving possible violations of legal or administrative requirements relating to searches and seizures; (4) sanctions to be imposed when such violations are determined to have occurred; and (5) standards and procedures for settling claims for damages by victims of unlawful searches and seizures. Authorizes the head of any other Federal department or agency to promulgate rules and regulations relating to compliance with the fourth amendment by law enforcement officers of such department or agency. Directs the Attorney General, and any other Federal department or agency head that promulgates such rules or regulations, to: (1) establish a review board to consider all allegations of fourth amendment violations by law enforcement officers of such department or agency and to recommend or impose appropriate sanctions in cases where violations are determined to have occurred; and (2) report annually to the Congress concerning allegations and claims relating to search and seizure violations by law enforcement officers of such department or agency, the actions taken on such allegations and claims, and the bases for such actions. Authorizes charging such a review board with recommending the settlement of claims for damages by victims of unlawful searches and seizures. Specifies that evidence shall not be excluded on the ground that it was obtained in violation of a statute, an administrative rule or regulation, or a rule of procedure unless exclusion is expressly authorized by statute or by a rule prescribed by the Supreme Court pursuant to statutory authority. Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. Prohibits the granting of a habeas corpus writ with respect to any claim which has been fully and fairly adjudicated in State proceedings. Sets forth provisions with respect to the appointment counsel. Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases. Applies such procedures to Federal habeas corpus cases brought by prisoners in State custody who are subject to a capital sentence. Makes the applicability of such procedures contingent upon a State establishing a mechanism for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in State post-conviction proceedings brought by indigent prisoners whose capital convictions and sentences have been upheld on direct appeal to the court of last resort in the State or have otherwise become final for State law purposes. States that the rule of court on statutes establishing such mechanism must provide standards of competency for the appointment of such counsel. Directs that any such mechanism must offer counsel to all State prisoners under capital sentence and must provide for the entry of an order by a court of record: (1) appointing counsel to represent the prisoner upon a specified finding; (2) finding that the prisoner has rejected the offer of counsel and made the decision with an understanding of its legal consequences; or (3) denying the appointment of counsel upon a finding that the prisoner is not indigent. Provides for a mandatory stay of execution during the post-conviction review initiated pursuant to this title. Details conditions which will cause such stay to expire. Prohibits a Federal court, if one of such conditions has occurred, from entering a stay of execution or granting relief in a capital case unless: (1) the basis for the stay and request for relief is a claim not previously presented in the State or Federal courts; (2) the failure to raise the claim was the result of State action in violation of the Constitution or laws of the United States, was the result of a recognition by the Supreme Court of a new Federal right that is retroactively applicable, or is due to the fact that the claim is based on facts that could not have been discovered through the exercise of reasonable diligence in time to present the claim for State or Federal post-conviction review; and (3) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the jury's determination of guilt on the offense for which the death penalty was imposed. Imposes time limits on filing for habeas corpus relief. Requires such time limits to be tolled under specified conditions. Requires the district court, upon the development of a complete evidentiary record, to rule on the merits of the claims properly before it. Makes the requirement for a certificate of probable cause inapplicable, with exceptions, where: (1) a second or successive petition is filed; and (2) certain requirements under a unitary review procedure (i.e., a State procedure that authorizes a person under sentence of death to raise, in the course of direct review of judgment, such claims as could be raised on collateral attack) are met. Sets forth time limits for determining petitions. Specifies that the adjudication of petitions or motions involving habeas corpus in capital cases shall be granted priority by the district court and court of appeals over all noncapital matters. Amends the CSA to require: (1) the court, prior to sentencing on a conviction in a Federal court of a felony under such Act, to compile a list of assets owned by the defendant not subject to forfeiture; and (2) upon request of the Attorney General, the court to direct the defendant to provide proof that any asset owned by the defendant not on such list was legally obtained. Authorizes the Attorney General to seize assets that the defendant does not prove were legally obtained. Requires the proceeds from such assets to be deposited in the Department of Justice Assets Forfeiture Fund and to be available for transfer to the building and facilities account of the Federal prison system. Sets forth provisions regarding the term of appointment, authority, and jurisdiction of special masters. Requires the Administrative Office of the United States Courts to publish annually a report on the sentencing patterns of Federal judges. Amends the Federal criminal code to prohibit the Federal courts, until five years after the enactment of this Act, from: (1) holding prison crowding unconstitutional under the eighth amendment except to the extent that an individual plaintiff inmate proves that the crowding causes the infliction of cruel and unusual punishment; and (2) placing an inmate ceiling on any Federal, State, or local detention facility as an equitable measure for conditions that violate the eighth amendment unless crowding itself is inflicting cruel and unusual punishment on individual prisoners. Requires that each Federal court order seeking to remedy an eighth amendment violation be reopened at the behest of a defendant for recommended alteration at a minimum of two-year intervals. Applies this title to all outstanding court orders on the date of enactment of this Act. Permits any State or municipality to seek modification of any outstanding eighth amendment decree pursuant to this Act. Directs the Attorney General to take steps, consistent with security considerations, to ensure that sufficient facilities exist to house individuals whom the courts have ordered incarcerated. Requires: (1) the Secretary of Defense, the Commission on Alternative Utilization of Military Facilities, and the Director of the Bureau of Prisons to identify suitable military installations and examine the feasibility of using temporary facilities for housing prisoners; and (2) the Director to report to the Congress within 90 days. Amends the Defense Authorization Amendments and Base Closure and Realignment Act to require the Secretary to notify the Attorney General and the Governor of each of the U.S. territories and possessions (currently, all departments and instrumentalities within the Department of Defense (DOD)) of the availability of any real property or facility located at a military installation to be closed. Authorizes the transfer of such property to the Attorney General, a State, territory, or possession, or the District of Columbia for use as a correctional institution. Requires the Director to: (1) review current construction standards and methods used in building Federal prisons; (2) examine and recommend cost cutting measures that could be employed in prison construction; and (3) submit the results to the Congress. Authorizes the Attorney General to contract for private construction and operation of Federal prisons. Requires the use of creative and cost-effective private financing alternatives and private prison construction and operation where possible. Specifies that operating costs of privately-operated prisons shall be covered through rent charged to Government units placing inmates in prisons. Requires the Administrator of the General Services Administration to identify at least 20 parcels of surplus Federal property which the Attorney General has certified are not needed for Federal correctional facilities but which may be suitable for State or local correctional facilities. Makes property determined to be in excess of Federal needs that may be suitable for use as correctional facilities available during the period beginning on the date of enactment of this Act and ending five years after such date to the Attorney General, or secondarily, to a State, the District of Columbia, or a local government. Permits State and local governments to use Federal temporary incarceration facilities, when they are not needed to accommodate Federal prisoners, for incarcerating prisoners at a per diem fee payable to the Bureau of Prisons. Requires every person who, during the period beginning on the date of enactment of this Act and ending five years after such date, is convicted in Federal court of committing a crime of violence against a person or a drug trafficking crime (other than simple possession), to be sentenced to and serve no less than five years' imprisonment. Prohibits any such person from being released from custody for any reason prior to completion of the sentence unless the sentence imposed is greater than five years and is not a mandatory minimum sentence without release. Title X: Prisoner and Prison System Reforms - Expresses Federal policy that: (1) prisoners shall work absent medical certification of 100 percent disability, security considerations, or disciplinary action; and (2) States and local governments have the same authority to require all convicted prisoners to work. Provides for the deposit in a separate fund in the Treasury of funds generated from prison labor for prison construction and operating expenses or payment of judgments. Specifies that prisoners shall be paid a share of funds generated by their labor. Amends the Adult Education Act to require each State correctional system and each local jail or detention center with an inmate population of over 150 to have in effect a mandatory functional literacy program in at least one major correctional facility, subject to specified requirements and exceptions. Authorizes the Attorney General to enter into contracts with private businesses for the use of inmate skills that may be of commercial use to such businesses. Sets forth provisions with respect to security requirements involved in the use of convict labor. Provides for the withholding of prisoners' Federal benefits to offset incarceration costs. Directs the Attorney General to establish a program of drug testing of targeted classes of arrestees, prisoners, and persons on release. Amends the Omnibus Act to bar Federal funding under the Drug Control and System Improvement Grant Program for States failing to have an analogous State program. Specifies that, beginning two years after the enactment of this Act: (1) a request for Federal drug law enforcement assistance funds from the BJA grant programs by a State whose law provides mandatory work requirements, mandatory education requirements, and drug testing of prisoners shall receive priority over a request by a State whose law does not so provide; and (2) the formula for distributing the amount of funds to be distributed from the Drug Control and System Improvement Grant Program to State and local governments shall be adjusted by reducing by ten percent the amount of funds that would be allocated to States whose laws do not so provide and allocating the amount of the reduction pro rata to other States.
Law· HRH.R. 2698 (102nd)enacted
United States · United States Congress · 20 June 1991
Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1992 - Title I: Agricultural Programs - Appropriates funds for FY 1992 for the following programs and services: (1) Office of the Secretary of Agriculture; (2) Office of the Deputy Secretary of Agriculture; (3) Office of Budget and Program Analysis; (4) Office of the Assistant Secretary for Administration; (5) Departmental Administration; (6) Office of the Assistant Secretary for Congressional Relations; (7) Office of Public Affairs; (8) Office of the Inspector General; (9) Office of the General Counsel; (10) Office of the Assistant Secretary for Economics; (11) Economic Research Service; (12) National Agricultural Statistics Service; (13) World Agricultural Outlook Board; (14) Office of the Assistant Secretary for Science and Education; (15) Agricultural Research Service; (16) Cooperative State Research Service; (17) Extension Service; (18) National Agricultural Library; (19) Office of the Assistant Secretary for Marketing and Inspection Services; (20) Animal and Plant Health Inspection Service; (21) Food Safety and Inspection Service; (22) Federal Grain Inspection Service; (23) Agricultural Cooperative Service; (24) Agricultural Marketing Service; (25) Packers and Stockyards Administration; (26) Office of the Under Secretary for International Affairs and Commodity Programs; (27) Agricultural Stabilization and Conservation Service; (28) Federal Crop Insurance Corporation; and (29) Commodity Credit Corporation Fund. Title II: Conservation Programs - Appropriates funds for: (1) Office of the Assistant Secretary for Natural Resources and Environment; (2) Soil Conservation Service; and (3) Agricultural Stabilization and Conservation Service. Title III: Farmers Home and Rural Development Programs - Appropriates funds for: (1) Office of the Under Secretary for Small Community and Rural Development; (2) Farmers Home Administration; (3) Rural Electrification Administration; and (4) Office of the Administrator of the Rural Electrification Administration. Title IV: Domestic Food Programs - Appropriates funds for: (1) Office of the Assistant Secretary for Food and Consumer Services; (2) Food and Nutrition Service, including the Food Stamp Program; and (3) Human Nutrition Information Service. Title V: Foreign Assistance and Related Programs - Appropriates funds for: (1) Foreign Agricultural Service; (2) Public Law 480 Program Account; (3) Commodity Credit Corporation; (4) Commodity Credit Corporation Export Loans Program Account; and (5) Office of International Cooperation and Development. Title VI: Related Agencies and Food and Drug Administration - Appropriates funds for: (1) Food and Drug Administration; (2) Farm Credit System Financial Assistance Corporation; (3) Commodity Futures Trading Commission; and (4) Farm Credit Administration. Title VII: General Provisions - Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act. Directs the Secretary of Agriculture to initiate construction on not less than 20 new projects under the Watershed Protection and Flood Prevention Act and not less than five new projects under the Flood Control Act. Prohibits the use of funds under this Act to relocate the Hawaii State Office of the Farmers Home Administration (FmHA) from Hilo, Hawaii, to Honolulu, Hawaii. Prohibits employee reductions below specified levels for the FmHA, the Agricultural Stabilization and Conservation Service, the Rural Electrification Administration, the Soil Conservation Service, and the Food and Drug Administration. Prohibits the funds available under this Act to be used to exclude from certain assistance any crop of valencia oranges damaged or destroyed by freeze or related conditions.
Bill· HRH.R. 2725 (102nd)referred
United States · United States Congress · 20 June 1991
Amends the Federal Water Pollution Control Act to require the Aministrator of the Environmental Protection Agency to enter into contracts with the Secretary of the Army to carry out a project for the removal and disposal of sediments in Indiana Harbor and Ship Canal, East Chicago, Indiana. Authorizes appropriations.
Bill· HRH.R. 2724 (102nd)referred
United States · United States Congress · 20 June 1991
Water Pollution Penalty Fund Act of 1991 - Amends the Federal Water Pollution Control Act to establish a Water Pollution Penalty Fund to be used to carry out projects to restore and recover U.S. waters from damages resulting from violations of such Act. Requires the Administrator of the Environmental Protection Agency, in selecting such projects, to give priority to projects if an enforcement action for such project resulted in amounts being deposited in the general fund of the Treasury.
Bill· SS. 1323 (102nd)referred
United States · United States Congress · 19 June 1991
C02 Offsets Policy Efficiency Act of 1991 - Amends the Clean Air Act to prohibit new major sources of carbon dioxide from operating without a permit issued under this Act. Provides that such permits shall require source owners or operators to: (1) demonstrate possession of certified carbon dioxide credits equal to the carbon dioxide emissions expected to occur between the commencement of operations and December 31 of the year in which operations begin; and (2) make annual deposits of sufficient carbon dioxide credits into the National Carbon Dioxide Offset Bank to compensate for annual carbon dioxide emissions. Exempts from credit requirements new major sources that use as a fuel trees that are replaced through replanting and that have not been grown as carbon dioxide offsets. Makes owners or operators of sources emitting excess carbon dioxide liable for an excess emissions penalty. Requires such sources to offset the excess emissions by an equal tonnage amount in the following calendar year. Provides for annual adjustments of the penalty, based on the Consumer Price Index. Makes it unlawful to fail to pay the penalty or to offset emissions. Requires the Administrator of the Environmental Protection Agency to promulgate regulations concerning the certification of carbon dioxide offset credits. Lists as eligible ways to obtain credits, and directs the Administrator to promulgate regulations for: (1) the certification of carbon dioxide emissions reductions by sources subject to title IV of the Clean Air Act to the extent that such reductions occur from switching to less carbon intensive fuels; (2) regional average annual per acre carbon dioxide fixation rates by tree species over a 100-year period (sets forth eligibility requirements for offset credits for new forests, improved forest management, and old growth forests); (3) the certification of carbon dioxide credits from new vehicle fleet fuel efficiency improvements; (4) the certification of carbon dioxide credits from appliance efficiency improvements; (5) the certification of carbon dioxide credits for energy conservation investments; (6) the certification of carbon dioxide equivalent credits from the capture and use of methane from coalbeds, municipal landfills, wastewater treatment facilities, and sewage sludge facilities; (7) the certification of carbon dioxide credits created by the construction and operation of cogeneration facilities that replace existing industrial boilers or other thermal power not produced by cogeneration; (8) the certification of carbon dioxide equivalent credits for the capture and destruction of chlorofluorocarbons in the United States and other nations; (9) carbon dioxide credits for manufacturers of alternative fuel vehicles that use less carbon intensive fuels than gasoline; (10) the certification of carbon dioxide credits for utility sources that achieve more efficient heat rates through the repowering or replacement of an existing unit; and (11) the certification of carbon dioxide credits for renewable energy sources that replace existing utility sources that emit carbon dioxide. Requires the Administrator to establish a baseline for sources subject to certification, to be set according to actual performances of such sources during a specified baseline year. Prohibits certification from being granted for a utility shutdown for purposes of repowering or refurbishing an existing facility. Authorizes the Administrator to provide for expedited certification carbon dioxide credits. Authorizes reductions in air pollutants that contribute to global warming to be certified as carbon dioxide offset credits if such reductions meet regulation criteria, except that the amounts of such credits may be reduced or increased based on radiative differences and atmospheric lifetime to reflect the global warming potential of such air pollutants. Requires the Administrator to establish the minimum elements of a permit program to be administered by any air pollution control agency. Requires State Governors to submit permit programs to the Administrator for approval. Directs the Administrator to enforce programs for States failing to make such submission. Requires permits to set forth inspection, entry, monitoring, compliance certification, and reporting requirements. Directs the Administrator to create a National Carbon Dioxide Offset Bank to ensure adequate supplies of carbon dioxide offsets and to create procedures for the tracking and retirement of used credits.
Bill· HRH.R. 2687 (102nd)referred
United States · United States Congress · 19 June 1991
Abundant Water Act - Title I: Water Certificates - Directs the Secretary of the Interior to establish a system for issuing certificates to allow private ownership of water resources and the free transfer of private property rights in such resources. Requires each State to recognize a water right in instream flows for aesthetic, environmental, navigation, or recreational purposes without regard to diversion or beneficial use. Allows the unitization of acquifers in the use of groundwater resources. Removes the Secretary's authority to disapprove the transfer of a right to water from any Federal reclamation project. Requires the Secretary to cooperate in delivering water transferred by such a certificate to appropriate locations to the extent practicable. Title II: Water Utility Corporations - Allows private businesses to construct and operate water projects as public utilities, subject to specified terms and conditions. Title III: General Provisions - Overrides State laws made inconsistent by the enactment of this Act. Directs the Secretary to issue such regulations as may be necessary to carry out this Act.
Bill· HRH.R. 2684 (102nd)open
United States · United States Congress · 19 June 1991
Reclamation Projects Authorization and Adjustment Act of 1991 - Title I: Buffalo Bill Dam and Reservoir, Wyoming - Revises existing law to require as a principal modification to the Buffalo Bill Dam and Reservoir, Wyoming, the construction of power generating facilities with a total installed capacity of 25.5 megawatts. Authorizes the construction of recreational facilities in excess of the amount required to replace or relocate existing facilities. Provides that the costs of such construction shall be borne equally by the United States and Wyoming. Repeals a prior authorization of appropriations and authorizes to be appropriated for the Federal share of the construction of the Buffalo Bill Dam and Reservoir modifications and recreational facilities the sum of $80,000,000 (October 1988 price levels). Repeals a requirement that such sums authorized to be appropriated for construction, operation, maintenance, and replacement be reduced by the amounts of certain contributions. Declares that titles II through VI of this Act may be cited as the Central Utah Project Completion Act. Title II: Central Utah Project Construction - Authorizes additional appropriations for the Colorado River water storage project (CRSP), to be available solely for design, engineering, and construction of the facilities identified in this title, the planning and implementation of certain fish and wildlife and recreation mitigation and conservation projects and studies, and the Ute Indian Rights Settlement authorized under this Act. Requires the Secretary of the Interior (the Secretary) to implement specified recommendations prepared by the Inspector General of the Department of the Interior with respect to the financial management of the CRSP. Prohibits funding for specified reclamation projects and features within Utah. Permits counties in which such projects and features were proposed to be located to participate in certain local development projects. Provides for the termination of the authorization of appropriations for construction of any CRSP participating project located in Utah five years after the enactment of this Act unless the Secretary: (1) executes a cost-sharing agreement with non-Federal entities for construction of such project; and (2) has requested construction funds for such project. Directs the Secretary to: (1) make appropriated funds available in their entirety to non-Federal interests as provided for pursuant to the provisions of this Act; and (2) report to the Congress on the status of CRSP participating projects for which construction has not begun as of October 15, 1990. Makes specified amounts available, subject to certain restrictions, for features of the Bonneville Unit of the Central Utah Project (CUP), including: (1) an irrigation and drainage system; (2) a feasibility study and development of systems to allow groundwater recharge, management, and the conjunctive use of surface and groundwater resources; (3) a feasibility study of efficiency improvements in the management, delivery, and treatment of water in Wasatch County and construction of the Wasatch County Water Efficiency Project; (4) a feasibility study to reduce the salinity of Utah Lake; (5) a feasibility study of direct delivery of Colorado River Basin water from the Strawberry Reservoir or elsewhere in the Strawberry Collection System to the Provo River Basin to evaluate the potential for changes in existing importation patterns and quantities of water from the Weber and Duchesne River Basins; and (6) completing construction of the Diamond Fork System. Directs the Secretary, in exchange for and as a precondition to approval of the Strawberry Water Users Association's petition for Bonneville Unit water, to impose conditions on such approval so as to ensure that the Association manages and develops specified lands in a manner compatible with the management and improvement of adjacent Federal lands for wildlife purposes, natural values, and recreation. Prohibits the Secretary of Agriculture and the Secretary from permitting commercial or other development of specified Federal lands. Makes specified amounts available to increase efficiency, enhance beneficial uses, and achieve greater water conservation within the Uinta Basin, including funds for: (1) the construction of the Pigeon Water Reservoir, together with an enclosed pipeline conveyance system to divert water from Lake Fork River to Pigeon Water Reservoir and Sandwash Reservoir; (2) the construction of the McGuire Draw and Clay Basin Reservoirs; (3) the rehabilitation of Farnsworth Canal; and (4) the construction of permanent diversion facilities identified by the Utah Reclamation Mitigation and Conservation Commission on the Duchesne and Strawberry Rivers, the designs of which shall be approved by the Federal and State fish and wildlife agencies. Sets forth various requirements and restrictions on, and provisions setting conditions for the termination of authorizations for, the Bonneville Unit water development and the Uinta Basin replacement project. Authorizes the Secretary to: (1) contract with the Uintah Water Conservancy District for the retention by the United States of responsibility for part of the municipal and industrial water obligation with a corresponding part of the water supply to be controlled and marketed by the United States in conformance with State law; and (2) establish a conservation pool of 4,000 acre feet in Red Fleet Reservoir to enhance associated fishery and recreational opportunities and for other purposes recommended by the Commission, and enter into an agreement with the Utah Division of Parks and Recreation for the management and operation of Red Fleet recreational facilities. Requires that the non-Federal share of the costs for the design, engineering, and construction of the Bonneville Unit water development and the Uinta Basin replacement project be 35 percent and 50 percent for the specified feasibility studies. Specifies that the District may commence such studies prior to entering into binding agreements and upon execution of such agreements the Secretary shall reimburse the District an amount equal to the Federal share of the funds expended by the District. Prohibits the obligation or expenditure of amounts for such development and project, with exceptions, until: (1) the Secretary or the Central Utah Water Conservancy District (the District), at the District's option, completes a Definite Plan Report for the Bonneville Unit Irrigation System and a feasibility study for the Uinta project; (2) the requirements of the National Environmental Policy Act of 1969 have been satisfied; and (3) a plan has been developed and approved by the U.S. Fish and Wildlife Service to prevent any harmful contamination of waters due to concentrations of selenium or other such toxicants, if the Service determines that development of the particular system may result in contamination. Bars the provision of Federal funds under this Act to any non-Federal interest until any such interest enters into a binding agreement with the appropriate Federal authority to be considered a "Federal agency" for purposes of compliance with all Federal fish, wildlife, recreation, and environmental laws with respect to the use of such funds, and to comply with this Act. Requires the District, at the option of specified eligible counties, to rebate to such counties all ad valorem tax contributions paid by such counties to the District, with interest but less the value of any benefits received by such counties and less the administrative expenses incurred by the District to that date. Directs the Secretary, upon request of eligible counties that elect not to participate in the project, to provide as grants to such counties sums for potable water distribution and treatment, wastewater collection and treatment, agricultural water management, and other public infrastructure improvements approved by the Secretary. Bars the use of available funds for the draining of wetlands, the dredging of natural water courses, and planning or constructing water impoundments of greater than 5,000 acre feet, with exceptions. Requires the District to: (1) prepare and maintain a water management improvement plan, including specified water conservation goals and providing for a water management improvement inventory; (2) establish a continuous process for the identification, evaluation, and implementation of water conservation measures, and submit a report thereon to the Secretary; (3) prepare and transmit to the Secretary a study of wholesale and retail pricing to encourage water conservation, and a study of the coordinated operation of independent municipal, industrial, and irrigation water systems; and (4) evaluate cost-effective flexible operating procedures that will serve specified purposes, including improving the availability and reliability of the water supply, coordinating the timing of reservoir releases, assisting in managing drought emergencies, and encouraging the maintenance of existing wells and other facilities which may be placed on standby status when water deliveries from the project become available. Earmarks funding for such purposes. Authorizes the Governor of Utah (or, if the Governor fails to do so, directs the Secretary) to establish the Utah Water Conservation Advisory Board. Directs the Board to recommend water conservation standards and regulations for promulgation by State or local authorities in the service area of each petitioner of project water. Requires the District to pay a surcharge for each year of substantial noncompliance according to a specified formula. Sets forth provisions with respect to: (1) judicial review; (2) citizen suits; (3) jurisdiction and venue; and (4) costs awarded by the Court. Requires that hydropower generation facilities associated with the CUP operate in accordance with a specified statute. Prohibits the diversion of Colorado River Basin waters exclusively for power generation purposes. Requires the District to utilize its best efforts to achieving operating agreements for the Jordanelle Reservoir, Deer Creek Reservoir, Utah Lake, and Strawberry Reservoir. Authorizes the prepayment of certain expenses in connection with the Jordan Aqueduct System. Requires the Comptroller General to audit project cost allocations among the various project purposes and submit a report to the Secretary and to the Congress. Grants the Secretary authority to reallocate project costs and to defer repayment of such costs under certain circumstances. Directs the Secretary, until the construction costs of certain facilities authorized by this Act are repaid, to impose a surcharge for the use of CUP water used in the production of any commodity crop for which an acreage reduction program is in effect under provisions of the Agricultural Act of 1949 if the stocks of such commodity held in storage by the Commodity Credit Corporation exceed an amount that the Secretary of Agriculture determines is necessary to provide for a reserve of such commodity that can reasonably be expected to meet a shortage caused by drought, natural disaster, or other disruption in the supply of such commodity. Title III: Fish, Wildlife, and Recreation Mitigation and Conservation - Establishes the Utah Reclamation Mitigation and Conservation Commission to coordinate the implementation of the mitigation and conservation provisions of this Act among the Federal and State fish, wildlife, and recreation agencies. Requires the Commission to complete certain plans and submit specified reports. Provides funding for the Commission. Directs the District to acquire, with funds provided by the Commission, specified water rights in the Utah Lake drainage basin. Earmarks specified funds for such acquisition. Specifies that water purchases which would have the effect of compromising groundwater resources or dewatering agricultural lands in the Upper Provo River areas should be avoided. Provides all water rights after such acquisition to the Utah Division of Wildlife Resources for maintaining certain instream flows for fish, wildlife, and recreation purposes in the Provo River. Earmarks funds for diversion purposes. Directs the District, annually, to provide amounts of water sufficient to sustain minimum stream flows established pursuant to a prior Stream Flow Agreement. Directs the District to acquire with Commission funds all of the Strawberry Basin water rights being diverted to the Heber Valley through the Daniels Creek drainage and to apply such rights to increase the minimum stream flows of streams and rivers in the Strawberry River and Reservoir area. Earmarks funds for such acquisition. Bars the District from leasing water from the Daniels Creek Irrigation Company before the beginning of FY 1993. Directs the District to construct a Daniels Creek replacement pipeline from the Jordanelle Reservoir to the existing Daniels Creek Irrigation Company water storage facility. Authorizes the exchange of Daniels Creek replacement water by the District with Strawberry Basin water to provide a permanent supply of water for minimum flows, subject to specified restrictions. Requires the yield and operating plans for the Bonneville Unit of the CUP to be established or adjusted to provide for specified minimum stream flows for streams and rivers in the Diamond Fork and Provo Rivers. Requires such minimum flows to be provided continuously and in perpetuity from the date first feasible as determined by the Commission. Directs the District to prepare a study and develop a mitigation plan of the effects of peak season flows in the Provo River. Earmarks specified funds for such study and plan. Provides that, upon completion of the Diamond Fork water delivery system, the Strawberry Tunnel shall no longer be used, except for delivery of water for specified instream purposes. Provides an exception where the District has determined that the Syar Tunnel or the Sixth Water Aqueduct is rendered unusable or emergency circumstances require the use of the Strawberry Tunnel for the delivery of contracted CUP water and Strawberry Valley Reclamation Project water. Requires the fish, wildlife, and recreation projects identified or proposed in the Definite Plan Report (a May 1988 report for the Bonneville Unit of the CUP) which have not been completed as of the enactment of this Act to be completed in accordance with such Report and a fish, wildlife, and recreation mitigation schedule set forth in this Act, with exceptions. Directs the Commission to acquire on an expedited basis big game winter range lands to compensate for the impacts of Federal reclamation projects in Utah. Requires such acquired lands to be transferred to the Utah Division of Wildlife Resources or, for such parcels as may be within the boundaries of Federal land ownerships, to the appropriate Federal agency, for management as a big game winter range. Specifies that, in the case of such transfers, lands acquired within the boundaries of a national forest shall be administered by the Secretary of Agriculture as part of the National Forest System. Requires the Commission to construct big game crossings and wildlife escape ramps for the protection of big game animals along the Provo Reservoir Canal, Highline Canal, Strawberry Power Canal, and others. Earmarks funds for such construction. Earmarks funds for the planning and implementation of projects to preserve, rehabilitate, and enhance wetlands areas around the Great Salt Lake in accordance with a plan to be developed by the Commission. Requires the Commission to inventory, prioritize, and map the occurrences in Utah of sensitive nongame wildlife species and their habitat and sensitive plant species and ecosystems. Earmarks funds for such purposes. Directs the Commission to acquire private land, water rights, conservation easements, or other interests necessary for the establishment of the Utah Lake Wetlands Preserve. Directs the Secretary to enter into an agreement under which the Wetlands Preserve shall be managed by the Utah Division of Wildlife Resources pursuant to a plan developed in accordance with this Act and the substantive requirements of the National Wildlife Refuge System Administration Act of 1966. Requires that the Wetlands Preserve be managed for the protection of migratory birds, wildlife habitat, and wetland values in a manner compatible with the surrounding farmlands, orchards, and agricultural production area, with limited grazing. Makes funds available for the acquisition of such land, water rights, and other interests for the establishment of the Wetlands Preserve. Bars the acquisition of lands, easements, or water rights without the consent of the owner of such lands or water rights. Specifies that base property of a lessee or permitee under a Federal grazing permit or lease held on the date of enactment of this Act shall include land of such lessee or permitee acquired by the Commission under this Act. Authorizes the Commission to compensate landowners adjacent to the Wetlands Preserve who experience losses attributable to: (1) the establishment of the Wetlands Preserve; (2) provable economic losses directly resulting from the Wetlands Preserve management practices contrary to this Act; or (3) manipulation of water levels within the Wetlands Preserve, subject to specified limitations. Prohibits the United States from issuing Federal permits allowing commercial, industrial, or residential development on the southern portion of Provo Bay in Utah Lake, with exceptions. Earmarks specified funds for fisheries acquisition, rehabilitation, and improvements within Utah. Requires the project plan for the stabilization of high mountain lakes in the Upper Provo River drainage to be revised to provide for the stabilization of specified lakes in such area at levels beneficial for fish habitat and recreation. Earmarks specified funds for stabilization and fish and wildlife habitat restoration in such lakes. Earmarks specified funds for stream access and riparian habitat development in Utah at specified areas. Earmarks funds to the Commission to conduct a study of the impacts to soils and riparian fish and wildlife habitats in drainages that will experience substantially-reduced water flows resulting from operation of the Strawberry Collection System. Earmarks specified funds for: (1) Jordan River fish habitat improvements and riparian habitat rehabilitation; (2) acquisition of the wetland acreages along the Jordan River; (3) recreational facilities within Utah, Wasatch, and Salt Lake Counties for the Provo/Jordan River Parkway; and (4) riparian habitat acquisition and preservation, stream habitat improvements, and recreation and angler access along the Provo River in specified areas. Earmarks specified funds for: (1) specified CUP recreation features; (2) watershed and fish and wildlife improvements in the Fremont River drainage; (3) small dams and watershed improvements in specified areas within Utah and the CUP; and (4) the planning and implementation of improvements to existing hatchery facilities or the construction and development of new hatcheries for areas affected by the CRSP. Provides certain restrictions in connection with the appropriation of funds for the CRSP. Outlines the fish, wildlife, and recreation mitigation and conservation schedule. Earmarks a specified percentage of funds allocated for scheduled projects for use by the Secretary to: (1) restore damaged natural ecosystems affected by the Federal reclamation program in a manner that provides for jobs and sustainable economic development; (2) expand recreational activities; and (3) support research and training in ecosystem restoration. Title IV: Utah Reclamation Mitigation and Conservation Account - Establishes in the Treasury the Utah Reclamation Mitigation and Conservation Account. Provides for deposits into such Account by Federal, State, and project beneficiary contributors. Authorizes the Commission, subject to appropriation by the Congress made in advance of such expenditure, to administer and expend all sums deposited into the Account. Requires the Utah Division of Wildlife Resources, or its successors, to receive all amounts contributed annually to the Account from Utah power contractors and all interest on the principal of the Account at the beginning of each year. Requires funds received by the Utah Division of Wildlife Resources to be expended in accordance with a conservation plan, and amendments thereto, to be developed by the Utah Division of Wildlife Resources. Specifies that the financial management of the Account shall be subject to audit by the Inspector General of the Department of the Interior. Title V: Ute Indian Rights Settlement - Provides that, commencing July 1, 1992, and continuing for 50 years, the Ute Indian Tribe shall receive from the United States 26 percent of the annual Bonneville Unit municipal and industrial capital repayment obligation attributable to 35,500 acre-feet of water representing a portion of the Tribe's water rights which will not be supplied from the CUP because the Upalco and Uintah units are not to be constructed. Directs the Tribe, commencing in the year 2042, to receive seven percent of the fair market value of the Bonneville Unit agricultural water which has been converted to municipal and industrial water, to be utilized by the Tribe for governmental purposes, not distributed per capita, and to be used to enhance educational, social, and economic opportunities for the Tribe. Authorizes the Secretary to make any unused capacity in the Bonneville Unit Strawberry Aqueduct and Collection System diversion facilities available for use by the Tribe. Allows the Tribe at any time to elect to return all or a portion of the water which is delivered for use in the Uintah Basin. Ratifies and approves the revised compact reserving waters to the Ute Indian Tribe and establishing the uses and management of such tribal waters, subject to reratification by the State of Utah and the Tribe. Authorizes the Secretary to take all actions necessary to implement such compact. Restricts the disposal of waters secured to the Tribe in such compact into or in the Lower Colorado River Basin. Specifies that the use of water rights concerning such waters shall be governed solely as provided in this Act and in such compact. Earmarks specified amounts of the funds authorized under title II: (1) to permit the Ute Tribe to develop a farming/feed lot operation equipped with satisfactory water facilities, as well as a plan and a fund in connection with other farming projects of the Tribe; (2) to permit the Secretary to repair a leak in the Cedarview Reservoir in Dark Canyon, Utah; (3) to permit the Secretary to undertake stream improvements for certain rivers and creeks within Utah, under a specified condition; (4) to permit the Secretary to clean the Bottle Hollow Reservoir on the Ute Indian Reservation of trash and debris resulting from a submerged sanitary landfill, to remove all nongame fish, and to secure minimum flow of water to the reservoir to make it a suitable habitat for a cold water fishery; (5) for development of big game hunting, fisheries, campgrounds, and fish and wildlife management facilities on the Uintah and Ouray Reservation; (6) for Tribal participation in the construction of pipelines associated with the Duchesne County Municipal Water Conveyance System; and (7) for the Tribal Development Fund which the Secretary is authorized and directed to establish for the Ute Indian Tribe. Directs the Secretary to endeavor to maintain minimum stream flows from the outlet works of the Upper Stillwater Dam into Rock Creek during specified periods of the year. Directs the Bureau of Reclamation to transfer specified land at the proposed site of the Lower Stillwater Reservoir to the Forest Service as a wildlife mitigation measure. Directs the Tribe to prepare a Tribal Development Plan for all or part of the Tribal Development Fund. Bars the Secretary from obligating or expending sums from the Fund for any economic project to be developed or constructed pursuant to this Act, unless the Secretary has complied fully with the requirements of applicable fish, wildlife, recreation, and environmental laws. Authorizes the Tribe to waive and release claims concerning or related to water rights as described. Authorizes the Tribe to resurrect such claims if funds authorized for the Tribe under this Act are not actually received. Title VI: Endangered Species Act and National Environmental Policy Act - Specifies that nothing in this Act shall be interpreted as modifying or amending the provisions of the Endangered Species Act of 1973 or the National Environmental Policy Act of 1969. Title VII: Treatment of Drainage from the Leadville Mine Drainage Tunnel, Colorado - Authorizes the Secretary of the Interior to: (1) construct, operate, and maintain a water treatment plant for the Leadville Mine in Colorado; and (2) install concrete lining on the rehabilitated portion of the Leadville Mine Drainage Tunnel. Authorizes appropriations. Specifies that: (1) such treatment plant shall be designed to treat the quantity and quality of effluent historically discharged from such Tunnel; and (2) construction, operation, and maintenance costs of the works authorized by this title shall be nonreimbursable. Makes the Secretary responsible for operation, maintenance, and replacement of the water treatment plant. Authorizes the Secretary to formulate and implement a program for the restoration of fish and wildlife resources of those portions of the Arkansas River Basin affected by the effluent discharged from such Tunnel. Requires the Secretary, at least sixty days prior to implementing the program, to submit a copy of the proposed restoration program to the Speaker of the House and the President pro tempore of the Senate. Authorizes the Secretary to conduct investigations of water pollution sources and impacts attributed to mining and other related development in the Upper Arkansas River Basin and to implement corrective action demonstration projects. Requires all corrective action plans and subsequent corrective demonstration projects to include appropriate public involvement. Directs the Secretary to arrange for cost sharing in such projects with the State of Colorado and for utilization of non-Federal funds and in-kind services where possible. Title VIII: Lake Meredith Project - Authorizes the Secretary of the Interior to construct and test the Lake Meredith Salinity Control Project, New Mexico and Texas, to improve the quality of water of the Canadian River downstream of Ute Reservoir, New Mexico, and entering Lake Meredith, Texas. Authorizes the Secretary to enter into a contract with the Canadian River Municipal Water Authority of Texas (Authority) for the design and construction management of project facilities by the Bureau of Reclamation and for the payment of construction costs by the Authority. Requires the Authority to operate and maintain the facilities upon completion of construction and testing. Requires the Authority to advance all costs of construction of project facilities as the non-Federal contribution. Declares the Federal share to be all project costs for design preparation and construction management. Prohibits the Federal contribution from exceeding 33 percent of the total project costs. Provides for transferring control of the project works to the Authority or to a bona fide entity agreeable to New Mexico and Texas upon completion of construction and testing, or upon termination of activities at the request of the Authority. Provides that title to any facilities constructed under this title shall remain with the United States. Authorizes appropriations. Title IX: Cedar Bluff Unit, Kansas - Authorizes the Secretary of the Interior to reformulate the Cedar Bluff Unit of the Pick-Sloan Missouri Basin Program, Kansas, including reallocation of the conservation capacity of the Cedar Bluff Reservoir, to create: (1) a designated operating pool for fish, wildlife, and recreation purposes, and for groundwater recharge for environmental, domestic, municipal, and industrial uses; and (2) a joint-use pool for flood control, water sales, fish, wildlife, and recreation purposes. Authorizes the Secretary to contract with Kansas for the sale, use, and control of the designated operating pool (with the exception of water reserved for Russell, Kansas) and to allow Kansas to acquire use and control of water in the joint-use pool. Prohibits Kansas from permitting utilization of water from Cedar Bluff Reservoir to irrigate lands in the Smoky Hill River Basin from such Reservoir to the confluence with Big Creek. Authorizes the Secretary to contract with Kansas for the acceptance of a specified payment and the State's commitment to pay a proportionate share of the annual operation, maintenance, and replacement charges for the Cedar Bluff Dam and Reservoir. Requires, after the reformulation authorized by this title, that all net revenues received by the United States from the sale of water at the Cedar Bluff Unit be credited to the Reclamation Fund. Terminates a specified contractual obligation upon receipt of such payment by the Secretary. Authorizes the Secretary to transfer ownership of the fish hatchery facility at Cedar Bluff Dam and related water rights to Kansas for its use and operation. Provides that if any of such transferred property is subsequently transferred from State ownership or used for any purpose other than those provided for in this title, title to such property shall revert to the United States. Authorizes the Secretary to transfer title to the Cedar Bluff Irrigation District headquarters located near Hays, Kansas, contingent upon the District's agreement to close down the irrigation system to the satisfaction of the Secretary at no additional cost to the United States, after which all easement rights shall revert to the owners of the land to which the easements are attached. Title X: Miscellaneous Provisions, Central Valley Project - Adds the area encompassed by the Yolo County Flood Control and Water Conservation District and Solano and Napa Counties into the service area of the Sacramento Valley Irrigation Canals, Central Valley Project, California. Authorizes the Secretary to enter into a long-term contract in accordance with Federal reclamation laws with the Tuolumne Regional Water District, California, for the delivery of water from the New Melones project to the county's water distribution system. Title XI: Salton Sea Research Project - Directs the Secretary to conduct a research project for the development of a method to reduce and control salinity in inland water bodies, including testing a system for treatment of saline waters. Requires that such project be located in the area of the Salton Sea of southern California. Requires the non-Federal share of the cost of such project to be 25 percent of the total cost of the project. Requires the Secretary, no later than September 30, 1996, to submit a report to the House Interior and Insular Affairs Committee and the Senate Energy and Natural Resources Committee regarding the results of such project. Authorizes appropriations. Title XII: Amendment to Sabine River Compact - Grants the consent of the Congress to an amendment concerning membership to a compact ratified by the States of Louisiana and Texas relating to the waters of the Sabine River and its tributaries. Title XIII: Name Change - Designates the Salt-Gila Aqueduct of the Central Arizona Project as the Fannin-McFarland Aqueduct. Title XIV: Excess Storage and Carrying Capacity - Authorizes the Secretary to enter into contracts with municipalities, public water districts and agencies, other Federal agencies, State agencies, and private entities for the impounding, storage, and carriage of water for domestic, municipal, fish and wildlife, industrial, and other beneficial purposes from any facilities associated with the Central Valley Project, Cachuma Project, and the Ventura River Project, California. Title XV: Amendment to the Reclamation Project Act of 1939 - Amends the Reclamation Project Act of 1939 to provide that if any classification or reclassification of irrigable lands undertaken pursuant to such Act results in an increase in the outstanding construction charges or rate of repayment, the Secretary shall amend the contract to increase the construction obligation or rate of repayment. Title XVI: Water Reclamation and Reuse - Authorizes the Secretary to participate with the city of San Diego, California, in the conduct of a study of conceptual plans for water reclamation and reuse. Prohibits the Federal share of the cost of such study from exceeding 50 percent of the total cost of the study. Authorizes appropriations. Title XVII: Reclamation Reform Act of 1982 - Reclamation Reform Act Amendments of 1991 - Amends the Reclamation Reform Act of 1982 to define "farm" or "farm operation" as any landholding or group of landholdings farmed or operated by an individual, group, entity, trust, or any other combination or arrangement. Applies requirements of such Act to farms and farming operations. States that certain ownership and pricing limitations under such Act shall apply to any trust beneficiary in the same manner as any other individual. Subjects farm or farm operations to certain reporting requirements of such Act and to certain certification requirements for the receipt of irrigation water in covered district lands. States that farms or farm operations shall not include any landholding of a religious or charitable entity or organization which qualifies as an individual under such Act (thereby excluding it from such Act's requirements). Provides that if a religious or charitable organization holds lands but fails to qualify as an individual for any part of such landholdings, then such nonqualifying part shall be considered lands held in excess of ownership limitation requirements under such Act and shall receive reclamation water only as excess lands. Restricts irrigation water benefits under such Act to citizens or resident aliens of the United States. Title XVIII: Grand Canyon Protection - Grand Canyon Protection Act - Directs the Secretary to: (1) operate Glen Canyon Dam and take other reasonable mitigation measures to protect, mitigate adverse impacts to, and improve the condition of the environmental, cultural, and recreational resources of Grand Canyon National Park and Glen Canyon National Recreation Area; (2) promulgate interim operating procedures for Glen Canyon Dam in consultation with the Department of the Interior, the Secretary of Energy, specified State Governors, and Indian tribes and with the full participation of the general public, including the academic and scientific communities, environmental organizations, the recreation industry, and contractors for the purchase of Federal power produced at Glen Canyon Dam; (3) implement such procedures pending development of long-term operating procedures; and (4) establish and implement long-term monitoring requirements. Subjects such operating procedures to the water storage and delivery functions of Glen Canyon Dam pursuant to laws relating to allocation of the Colorado River. Authorizes the Secretary of the Interior to deviate from such interim operating procedures to: (1) comply with environmental impact study requirements; (2) respond to hydrologic extremes or power system operating emergencies; or (3) further reduce adverse impacts on resources downstream. Directs the Secretary, no later than December 31, 1993, to complete the Glen Canyon Environmental Studies and the final Glen Canyon Dam Impact Statement as required under the National Environmental Policy Act of 1969. Directs the Comptroller General to review the costs and benefits to water and power users and to natural, recreational, and cultural resources resulting from management policies and dam operations identified in the Statement and report the results of such review to the Secretary and the Congress. Directs the Secretary to implement the long-term operating procedures for the Dam, based on the Studies and the Statement and review, alone or in combination with other reasonable mitigation measures, and to submit the Studies and the Statement and the long-term operating procedures to the Congress. Prohibits such long-term operating procedures from interfering with the primary water storage and delivery functions of the Glen Canyon Dam pursuant to laws relating to allocation of the Colorado River. Amends the Colorado River Storage Project Act to prohibit the Secretary from operating the hydroelectric powerplant at the Dam in a manner which causes significant and avoidable adverse effects on resources of the Glen Canyon National Park or the Glen Canyon National Recreation Area. Authorizes appropriations. Provides that nothing in this Act shall be interpreted as modifying or amending laws relating to environmental or natural resources protection, with regard to the operation of the Glen Canyon Dam. Title XIX: Mid-Dakota Rural Water System - Mid-Dakota Rural Water System Act of 1991 - Authorizes the Secretary to make grants and loans to Mid-Dakota Rural Water System, Inc. (Mid-Dakota), a nonprofit corporation, for the planning and construction of the Mid-Dakota Rural Water System (water system), subject to specified terms and conditions. Limits grants available to the water system to 85 percent of the amount authorized to be appropriated under this title. Bars the Secretary from obligating funds for the construction of the water system until: (1) the requirements of the National Environmental Policy Act of 1969 have been met; and (2) a final engineering report has been prepared and submitted to the Congress for a period of not less than 90 days. Directs: (1) the Secretary to coordinate with the Secretary of Agriculture, to the extent practicable, grant and loan assistance made under this title with similar assistance available under the Consolidated Farm and Rural Development Act; and (2) the Secretary of Agriculture to take into consideration grant and loan assistance available under this title when considering whether to provide similar assistance under such Act. Requires the Secretary to make: (1) grants and otherwise make funds available to Mid-Dakota and other private, State, and Federal entities for the initial development of the wetland component; and (2) a grant of up to $100,000 annually to Mid-Dakota for the operation and maintenance of such component. Provides that such funds shall be nonreimbursable and nonreturnable. Bars the Secretary from obligating Federal funds for construction of the water system until he finds that non-Federal entities have developed and implemented specified water conservation programs throughout the service area of the water system. Specifies that mitigation for fish and wildlife losses incurred as a result of the construction and operation of the water system shall be on an acre for acre basis, based on ecological equivalency, concurrent with project construction. Directs the Western Area Power Administration, from power designated for future irrigation and drainage pumping for the Pick-Sloan Missouri River Basin Program, to make available the capacity and energy required to meet the pumping and incidental operational requirements of the water system during the summer electrical season, subject to specified conditions. Permits the use of and connection of water system facilities to Government facilities at the Oahe powerhouse and pumping plant and their use for the purpose of supplying water to the water system to the extent that such use does not detrimentally affect the use of those Government facilities for the other purposes for which they are authorized. Establishes a wetland trust, to be administered by the South Dakota Game, Fish and Parks Foundation. Directs the Secretary to make specified contributions to such trust. Creates an advisory committee to provide the Board of Directors of the Foundation with necessary technical expertise and the benefit of a multiagency perspective. Sets forth provisions with respect to: (1) the composition of the advisory committee; (2) the operation of the trust; and (3) the investment of trust funds. Authorizes appropriations. Title XX: Lake Andes-Wagner, South Dakota - Directs the Secretary, through the Bureau of Reclamation and with the assistance and cooperation of an oversight committee, to carry out a demonstration program in accordance with a May 1990 Demonstration Program Plan of Study, which includes: (1) the development of accurate means of quantifying projected irrigation and drainage requirements and drainage return flow quality and quantity with respect to glacial tills and other soils found in the areas to be served by the Lake Andes-Wagner Unit and Marty II Unit; (2) development of best management practices for improving irrigation water use; (3) investigation of the potential for enhancement of wetlands and fish and wildlife within the areas; and (4) investigation of the suitability of glacial till soils for crop production under irrigation. Requires study sites for the carrying out of such program to be obtained through leases from landowners who voluntarily agree to participate in the demonstration program under specified conditions. Provides for the sale of crops grown under the demonstration program. Outlines other demonstration program provisions, including annual reporting requirements. Requires the demonstration phase of the program to terminate at the end of the fifth full irrigation season. Directs the Secretary, on the basis of the concluding report and recommendations of the program, to comply with the study and reporting requirements of the National Environmental Policy Act and regulations issued to implement its provisions with respect to the units. Grants preference in employment under this title to members of the Yankton-Sioux tribe. Authorizes appropriations. Earmarks funds for projects to mitigate the adverse effects of selenium on fish and wildlife in Western National Wildlife Refuges. Title XXI: Insular Areas Study - Declares that assuring adequate supplies of water, sewerage, and power for the residents of American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, the Trust Territory of the Pacific Islands, and the Virgin Islands has become a problem of such magnitude that the welfare and prosperity of these insular areas require the Federal Government to assist in finding permanent, long-term solutions to their water, sewerage, and power problems. Authorizes and directs the Secretary to undertake a comprehensive study of how the long-term water, sewerage, and power needs of such areas can be resolved. Authorizes appropriations to the Secretary of Energy for specified fiscal years for grants to insular area governments to carry out projects to evaluate the feasibility of, develop options for, and encourage the adoption of energy efficiency and renewable energy measures which reduce the dependence of the insular area on imported fuels and improve the quality of life in such area. Title XXII: Sunnyside Valley Irrigation District, Washington - Directs the Secretary of the Interior to convey to Sunnyside Valley Irrigation District of Sunnyside, Washington, without consideration, all U.S. right, title, and interest, excluding oil, gas, and other mineral deposits, in specified lands in Sunnyside, Washington. Title XXIII: Platoro Dam and Reservoir, Colorado - Authorizes and directs the Secretary of the Interior to: (1) accept a one-time payment from the Conejos Water Conservancy District, Colorado, in lieu of certain repayment obligations; and (2) enter into an agreement for the transfer of the operation and maintenance functions of the Platoro Dam and Reservoir, including flood control operations, to the District. Provides that title to the Dam and Reservoir and authority over its recreational use shall remain with the United States. Subjects such transfer to the following conditions: (1) that releases from the Reservoir flush out the channel of the Conejos River periodically to maintain the hydrologic regime of the River; (2) that releases from the Reservoir contribute to even water flows in the fall season for protection of the brown trout spawn; (3) that operation of the Dam and Reservoir for water supply uses shall be paramount to channel flushing and fishery objectives; (4) that the District maintain a permanent pool in the Reservoir for fish, wildlife, and recreational purposes; (5) that the District maintain specified releases of water from October through April and bypass a specified amount of second or natural inflow, whichever is less, from May through September; and (6) that the U.S. Forest Service regularly monitor operation of the Reservoir. Requires the Corps of Engineers to retain authority for the operation of the Dam and Reservoir for flood control purposes. Requires the transfer to be in compliance with the Rio Grande Compact of 1939 and all other applicable laws and regulations. Specifies that the District shall have sole responsibility for maintaining: (1) all associated facilities of the Dam and Reservoir; and (2) the land and buildings in the Platoro townsite in a condition satisfactory to the Forest Service. Title XXIV: Sly Park Unit, Central Valley Project - Sly Park Unit Sale Act - Directs the Secretary of the Interior to sell the Sly Park Unit, California, to the El Dorado Irrigation District, city of Placerville, El Dorado County, California. Describes the Sly Park Unit as including the Sly Park Dam and Reservoir, Camp Creek Diversification Dam and Tunnel, and conduits and canals as authorized under the American River Act. Title XXV: Cost for Delivery of Water Used to Produce the Crops of Certain Agricultural Commodities - Amends the Reclamation Projects Act of 1939 to require all contracts for the delivery of water used to raise agricultural price support crops under authority of such Act to include a provision which requires the organization receiving water to pay 50 percent of the full delivery cost beginning two years after enactment of this title and 100 percent of the full delivery cost beginning four years after enactment of this title, if the stocks of such commodity in Commodity Credit Corporation storage exceed an amount necessary to provide a reasonable reserve for shortages caused by drought, natural disaster, or any other disruption in supply. Specifies contracts, or amendments to contracts, for which such requirements shall not apply. Title XXVI: High Plains Groundwater Program - Amends the High Plains States Groundwater Demonstration Program Act of 1983 to require the Secretary to make additional recommendations for the design, construction, and operation of demonstration projects for the recharge of aquifers. Requires each such project to terminate within five years after project construction is completed. Provides for the submission of a final report to the Congress, including a detailed evaluation of the projects. Authorizes appropriations. Title XXVII: Solano Project Transfer and Putah Creek Improvement - Solano Project Transfer and Putah Creek Improvement Act - Directs the Secretary to transfer all title to certain water supply facilities of the Solano Project, California, in accordance with an agreement to enhance Putah Creek and other specified conditions, to users of water from the Project. Requires the Secretary to retain title to Lake Berryessa, Federal lands surrounding the Lake, and specified recreational facilities. Authorizes and directs the Secretary to participate in a program, a full Federal cost, to enhance the instream, riparian, and environmental values of Putah Creek. Authorizes appropriations. Provides that all proceeds from the transfer of the Solano Project will be dedicated to environmental purposes. Title XXVIII: Desalination - Authorizes the Secretary to provide technical assistance to States and local government entities to assist in the development, construction, and operation of water desalination projects. Title XXIX: San Juan Suburban Water District - Provides reimbursement by the Secretary for the costs of water pumps purchased by the San Juan Suburban Water District, California, for installation at Folsom Dam, Central Valley Project, California.
Record· Aktuelle Stunde12/33open
Germany · German Bundestag · 19 June 1991
Aussprache auf Verlangen der Gruppe der PDS/LL, unabhängig von einer Fragestunde
Bill· SS. 1318 (102nd)referred
United States · United States Congress · 18 June 1991
National Beverage Container Reuse and Recycling Act - Amends the Solid Waste Disposal Act to set forth the Beverage Container Reuse and Recycling Act. Requires the Administrator of the Environmental Protection Agency to prescribe regulations to: (1) establish who is a retailer with respect to the sale of beverages in containers to consumers through beverage vending machines; and (2) set forth conditions under which a beverage container must be submitted in order to be redeemed and provide for the establishment of a refund mechanism. Directs the Administrator to establish a program to prohibit distributors or retailers from offering beverage containers for sale in interstate commerce unless they are labeled with the refund value. Provides that such program shall require: (1) a retail or redemption center to pay consumers the amount of the refund value on a refundable beverage container tendered to the retailer or redemption center; (2) the appropriate State agency or other entity designated by the Administrator to pay a retailer, redemption center, or consumer tendering a refundable beverage container to a recycling entity the amount of the refund value on such container; (3) no beverage to be offered for sale in interstate commerce at wholesale unless the distributor charges, and the retailer pays, a minimum of ten cents on each beverage container; (4) no beverage to be offered for sale in interstate commerce for retail unless the retailer charges, and the consumer pays, a minimum of ten cents on each beverage container; (5) the distributor to deposit all moneys collected pursuant to such program; and (6) unclaimed deposits to be made available for purposes of paying a handling fee of up to two cents for each container or to promote comprehensive recycling. Prescribes penalties for violations of such program. Exempts from this Act's requirements any State that: (1) for a period of 18 consecutive months following this Act's enactment date, achieves a recycling or reuse rate of beverage containers equal to 70 percent of the containers sold at retail in such State during the preceding 18-month period; and (2) has a beverage container recycling or reuse program that is equally as stringent as the program under this Act and that complies with requirements for State programs. Sets forth minimum requirements for State programs.
Bill· SS. 1313 (102nd)referred
United States · United States Congress · 18 June 1991
Rural Crime and Drug Control Act of 1991 - Title I: Fighting Drug Trafficking in Rural Areas - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize appropriations, and increase the base allocation, for rural drug enforcement assistance. Directs the Attorney General to establish a Rural Drug Enforcement Task Force in each of the Federal judicial districts which encompass significant rural lands. Specifies the membership of such task forces. Directs the Attorney General to cross-designate up to 100 Federal officers with jurisdiction to enforce Controlled Substances Act (CSA) provisions on non-Federal lands to the extent necessary to effect the purposes of this title. Requires the Director of the Federal Law Enforcement Training Center to develop a specialized course of instruction devoted to training law enforcement officers from rural agencies in the investigation of drug trafficking and related crimes. Authorizes appropriations. Title II: Federal Law Enforcement Agencies - Authorizes appropriations to hire, equip, and train not less than 350 agents and necessary support personnel to expand Drug Enforcement Administration investigations and operations against drug trafficking organizations in rural areas. Title III: Increasing Penalties for Certain Drug Trafficking Offenses - Ice Enforcement Act of 1991 - Amends the CSA to increase penalties for specified offenses involving crystalline methamphetamine. Title IV: Rural Drug Treatment - Amends the Public Health Services Act (PHSA) to require the Secretary of Health and Human Services to establish a program to provide grants to hospitals, community health centers, and other appropriate entities that serve nonmetropolitan areas to assist in developing and implementing projects that provide, or expand the availability of, substance abuse treatment services. Authorizes appropriations. Title V: Rural Drug Prevention - Amends the PHSA to require the Secretary, acting through the Administrator of the Alcohol, Drug Abuse, and Mental Health Administration (ADAMHA), to make grants to public and nonprofit private entities that serve nonmetropolitan areas to assist such entities in developing and implementing projects that provide, or expand the availability of, substance abuse prevention services. Sets forth requirements to receive grants. Directs the Administrator: (1) to give priority in awarding such grants to applications from community based organizations with experience serving nonmetropolitan areas and projects that are designed to serve areas that have no available existing treatment facilities; and (2) to the extent practicable, to provide grants to fund at least one project in each State. Limits grant awards to a period of up to three years, but allows the Administrator to establish a procedure for grant renewal. Authorizes appropriations. 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. Title VI: Rural Land Recovery Act - Directs State and Federal prosecutors, when bringing charges against the operators of clandestine methamphetamine and other dangerous drug laboratories, to include, in addition to drug-related charges, counts involving infringements of applicable environmental protection laws, including illegal disposal of hazardous waste and knowing endangerment of the environment. Authorizes such prosecutors and private citizens to bring suit against the operators of such laboratories for environmental and health-related damages caused by the operators in their manufacture of illicit substances.
Bill· HRH.R. 2670 (102nd)referred
United States · United States Congress · 18 June 1991
Amends the Solid Waste Disposal Act to regulate municipal solid waste incinerator ash as a hazardous waste.
Bill· HRH.R. 2663 (102nd)referred
United States · United States Congress · 18 June 1991
C02 Offsets Policy Efficiency Act of 1991 - Amends the Clean Air Act to prohibit new major sources of carbon dioxide from operating without a permit issued under this Act. Provides that such permits shall require source owners or operators to: (1) demonstrate possession of certified carbon dioxide credits equal to the carbon dioxide emissions expected to occur between the commencement of operations and December 31 of the year in which operations begin; and (2) make annual deposits of sufficient carbon dioxide credits into the National Carbon Dioxide Offset Bank to compensate for annual carbon dioxide emissions. Exempts from credit requirements new major sources that use as a fuel trees that are replaced through replanting and that have not been grown as carbon dioxide offsets. Makes owners or operators of sources emitting excess carbon dioxide liable for an excess emissions penalty. Requires such sources to offset the excess emissions by an equal tonnage amount in the following calendar year. Provides for annual adjustments of the penalty, based on the Consumer Price Index. Makes it unlawful to fail to pay the penalty or to offset emissions. Requires the Administrator of the Environmental Protection Agency to promulgate regulations concerning the certification of carbon dioxide offset credits. Lists as eligible ways to obtain credits, and directs the Administrator to promulgate regulations for: (1) the certification of carbon dioxide emissions reductions by sources subject to title IV of the Clean Air Act to the extent that such reductions occur from switching to less carbon intensive fuels; (2) regional average annual per acre carbon dioxide fixation rates by tree species over a 100-year period (sets forth eligibility requirements for offset credits for new forests, improved forest management, and old growth forests); (3) the certification of carbon dioxide credits from new vehicle fleet fuel efficiency improvements; (4) the certification of carbon dioxide credits from appliance efficiency improvements; (5) the certification of carbon dioxide credits for energy conservation investments; (6) the certification of carbon dioxide equivalent credits from the capture and use of methane from coalbeds, municipal landfills, wastewater treatment facilities, and sewage sludge facilities; (7) the certification of carbon dioxide credits created by the construction and operation of cogeneration facilities that replace existing industrial boilers or other thermal power not produced by cogeneration; (8) the certification of carbon dioxide equivalent credits for the capture and destruction of chlorofluorocarbons in the United States and other nations; (9) carbon dioxide credits for manufacturers of alternative fuel vehicles that use less carbon intensive fuels than gasoline; (10) the certification of carbon dioxide credits for utility sources that achieve more efficient heat rates through the repowering or replacement of an existing unit; and (11) the certification of carbon dioxide credits for renewable energy sources that replace existing utility sources that emit carbon dioxide. Requires the Administrator to establish a baseline for sources subject to certification, to be set according to actual performances of such sources during a specified baseline year. Prohibits certification from being granted for a utility shutdown for purposes of repowering or refurbishing an existing facility. Authorizes the Administrator to provide for expedited certification carbon dioxide credits. Authorizes reductions in air pollutants that contribute to global warming to be certified as carbon dioxide offset credits if such reductions meet regulation criteria, except that the amounts of such credits may be reduced or increased based on radiative differences and atmospheric lifetime to reflect the global warming potential of such air pollutants. Requires the Administrator to establish the minimum elements of a permit program to be administered by any air pollution control agency. Requires State Governors to submit permit programs to the Administrator for approval. Directs the Administrator to enforce programs for States failing to make such submission. Requires permits to set forth inspection, entry, monitoring, compliance certification, and reporting requirements. Directs the Administrator to create a National Carbon Dioxide Offset Bank to ensure adequate supplies of carbon dioxide offsets and to create procedures for the tracking and retirement of used credits.
Bill· HRH.R. 2680 (102nd)referred
United States · United States Congress · 18 June 1991
Requires all elementary and secondary schools (schools) that dispense water for human consumption to dispense lead-free water for such purposes. Requires certification of compliance with such requirement by each school within six months of enactment of this Act. Directs the Secretary of Education (the Secretary) to waive such requirement for an additional period for schools that have initiated remedial actions. Directs the Secretary to penalize any school for noncompliance by withholding a portion of the school's funds payable under provisions for education of disadvantaged children under chapters 1 and 2 of title I of the Elementary and Secondary Education Act of 1965. Requires withholding of five percent of such funds in the first year of noncompliance and ten percent in the second and each succeeding year of noncompliance. Directs the Secretary, in consultation with the Administrator of the Environmental Protection Agency, to issue regulations that describe acceptable tests for lead content in water that may be used by schools to determine compliance. Defines "lead-free water" as water containing not more than 15 parts per billion of lead.
Bill· HRH.R. 2671 (102nd)referred
United States · United States Congress · 18 June 1991
Amends the Solid Waste Disposal Act to authorize a State to: (1) prohibit the transportation into the State of solid waste generated outside the State; (2) prohibit the incineration or disposal within the State of such waste; and (3) levy fees on such waste or on solid waste transporters. Prohibits a State from levying a fee for the incineration or disposal of such waste that is less than the greater of: (1) the maximum levied by the generating State for a similar quantity of waste; or (2) the fee which would be levied by the State if the waste were generated within that State. Excludes hazardous waste from such prohibitions.