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Bill· SS. 1192 (102nd)referred
United States · United States Congress · 24 May 1991
International Population Stabilization and Reproductive Choice Act of 1991 - Title I: United States Population Assistance - Sets forth congressional findings with respect to population assistance. Declares that it shall be a principal objective of U.S. foreign policy to achieve universal availability of high quality fertility control services. Requires all family planning activities receiving support under the Foreign Assistance Act of 1961 to provide a broad range of fertility control methods, including abortion where permitted by individual country policy. Prohibits funds from being used to coerce any person to undergo sterilization or involuntary abortion or to accept any method of fertility control. Requires the U.S. Government to support the expansion of reproductive rights in countries receiving foreign assistance. Prohibits the denial of foreign assistance to any foreign government, international organization, or nongovernmental organization based on such entity's provision of abortion-related information or conduct of advocacy efforts on behalf of reproductive choice. Requires population assistance to provide increased support for special programs to reach young adults before they begin childbearing. Provides that funds shall be allocated to countries meeting at least one of the following criteria: (1) countries accounting for a substantial proportion of the world's annual population increment; (2) having significant unmet needs for fertility control and that require foreign assistance to implement, expand, or sustain family planning services; and (3) countries which demonstrate a strong policy commitment to population stabilization through the expansion of reproductive choice. Makes funds available for: (1) the United Nations Population Fund; and (2) the Special Programme of Research, Development and Research Training in Human Reproduction managed by the World Health Organization. Requires the Administrator of the Agency for International Development (AID) to establish simplified procedures for the development and approval of programs to be carried out by nongovernmental organizations that have demonstrated a capacity to undertake effective population and family planning activities and a commitment to quality reproductive health care for women. Makes 50 percent of all U.S. population assistance available for nongovernmental organizations. Requires AID to encourage greater involvement in the delivery of family planning services by private health practitioners, employer-based health services, unions, and cooperative health organizations. Sets forth targets for global expenditures in developing countries for core population programs and for U.S. population assistance. Authorizes appropriations for U.S. population assistance. Prohibits individuals in programs assisted by the United States from being denied family planning services because of an inability to pay the cost of such services. Lists research programs to be supported by U.S. assistance. Requires the U.S. Government to support communications strategies to create public awareness about reproductive health needs and the problems associated with world population growth. Directs the AID Administrator to report annually to the Congress on world progress toward population stabilization and universal reproductive choice. Title II: Population Assistance Policy and Development - Declares that it is U.S. policy to achieve universal access to basic education. Earmarks amounts from funds for development and economic assistance programs for education activities for adult literacy and basic primary education. Declares that it is U.S. foreign policy to: (1) reduce the infant mortality rate in all countries by the lower of one-third of the 1990 level or to 50 deaths per 1,000 live births; and (2) reduce the mortality rate of children under five years of age by the lower of 30 percent or 70 deaths per 1,000 live births. Authorizes appropriations from the Child Survival Fund for child survival activities. Sets forth as an objective of U.S. foreign policy during the 1990's the reduction of deaths to women from problems associated with pregnancy, childbirth, and unsafe abortions by one-half. Authorizes appropriations for the AIDS Prevention and Control Fund. Requires the Secretary of State to include information on discrimination against women in each annual country human rights assessment. Directs the U.S. representatives to the United Nations Commission on the Status of Women to ensure the rapid implementation of the United Nations Forward Looking Strategies for the Advancement of Women. Requires the Secretary to submit the five-year review of the status of U.S. women and annual reports requested by the Commission. Provides that U.S. foreign assistance programs shall emphasize activities which increase women's productivity through improved access to labor saving technology, vocational training, extension services, access to credit, and child care facilities. Requires the AID Administrator to report to the Congress (by country) on the legal, social, economic, and cultural barriers to women's self-determination and improvements in the productivity of women's labor in the traditional and modern sectors. Title III: Organizational Provisions - Establishes within the Department of State an Under Secretary of State for Global Population, Environment, and Natural Resources to provide a focus for dialogue on global population growth, environmental degradation, and natural resources management. Declares that the multilateral development banks should increase their support for core protection population activities. Requires the U.S. executive directors of the International Bank for Reconstruction and Development, the Asian Development Bank, the Inter-American Development Bank, and the African Development Bank to submit annual reports to the Congress on allocations to core population activities and, if such allocations total less than $1,000,000, to report on actions taken to encourage increases in such allocations. Requires the President to establish a National Bipartisan Commission on World Population Stabilization and Reproductive Health to oversee U.S. preparations for, and participation in, the 1994 International Population Meeting. Directs the Commission to report on population trends and their impact on efforts to alleviate poverty and protect the environment. Authorizes appropriations.
Bill· SS. 1176 (102nd)open
United States · United States Congress · 23 May 1991
Morris K. Udall Scholarship and Excellence in National Environmental Policy Act - Establishes the Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation (the Foundation), as an independent entity of the executive branch, to be located in Tucson, Arizona. Sets forth provisions for a Board of Trustees and an Executive Director of the Foundation. Provides that the Foundation, among its other specified purposes, is to establish, and assist in developing and implementing, a Program for Environmental Policy Research and Environmental Conflict Resolution at the Udall Center for Studies in Public Policy (the Center) at the University of Arizona. Authorizes the Foundation, in consultation with the Center, to identify and conduct appropriate programs, activities, and services to carry out its specified purposes, including increasing awareness of the importance of natural resources, public lands, and environment, identifying critical environmental issues, developing resources to train professionals in environmental and related fields, and providing educational outreach regarding environmental policy. Authorizes the Foundation to conduct a national competition and to award undergraduate scholarships, graduate and faculty fellowships, internships in governmental agencies or environmental organizations, and grants for individuals (Morris K. Udall Scholars) to study in fields related to the environment. Directs the Foundation to award grants to the Center for: (1) annual expert panel discussions; (2) research; and (3) sharing practical experiences of visiting policymakers. Directs the Foundation to provide assistance from the Fund established under this Act to the Center to maintain a repository, and assure public availability, for Morris K. Udall's papers and other appropriate public papers. Directs the Foundation to determine program priorities, but requires that certain minimum or maximum amounts be used for specified activities. Establishes the Morris K. Udall Scholarships and Excellence in National Environmental Policy Trust Fund, in the Treasury, to be administered by the Foundation. Provides for investment of Fund assets, and for Fund expenditures and audits. Sets forth administrative provisions for the Foundation. Authorizes appropriations to the Fund to carry out this Act.
Bill· SS. 1153 (102nd)referred
United States · United States Congress · 23 May 1991
Directs the Administrator of the Environmental Protection Agency to promulgate regulations requiring applicants for permits under the Federal Water Pollution Control Act, the Clean Air Act, the Solid Waste Disposal Act, or the Safe Drinking Water Act to periodically evaluate the internal control systems of permit subjects and to set forth in permit applications or renewals: (1) a statement of the responsibilities of the permittee for compliance with environmental laws and for maintaining environmental compliance assurance systems; (2) a description of such systems; (3) an assessment of whether such systems assure compliance with environmental laws; and (4) uncorrected weaknesses identified in such systems. Requires permittees, upon receiving a citation for a violation of such Acts that was not reported pursuant to permit conditions, to provide an explanation of the reasons why the violation was not detected by the environmental compliance assurance system and a schedule of specified improvement measures. Requires the Administrator to ensure that such regulations do not: (1) create unreasonable economic burdens with respect to small communities and businesses; and (2) impede the development or implementation of a consistent compliance assurance program by a permittee. Prohibits the Administrator from requiring permittees to submit information with respect to environmental audits if it is not otherwise required to be submitted.
Bill· SS. 1156 (102nd)open
United States · United States Congress · 23 May 1991
Federal Lands and Families Protection Act - Title I: Establishing Long Term Program - Provides for the establishment of a long-term Bureau of Land Management (BLM) and Forest Service (FS) program to protect old growth forest, the Northern Spotted Owl, and other old growth associated species on areas of ecologically-significant old growth forest on State and Federal lands in Oregon, Washington, and Northern California selected for the Old Growth Forest Reserve to be established by the Secretaries of Agriculture and the Interior under this Act. Requires the Secretaries to: (1) submit the applicable land management plans for implementing such program for appropriate consultation required under the Endangered Species Act; and (2) review previously applied administrative constraints on resource uses on lands under their jurisdiction to minimize the impact on pre-existing land uses resulting from the establishment of the Reserve. Bars further acquisition of mineral and mining rights in the Reserve. Permits roads, structures, and motorized and nonmotorized recreation and access, and hunting and fishing in the Reserve where consistent with the requirements of this Act and other applicable law. Permits timber harvesting in certain limited circumstances and only if not proscribed for any Reserve area in the applicable land management plan. Title II: Ensuring the Effectiveness of Federal Land Planning - Amends the Federal Land Policy and Management Act of 1976 and the Forest and Rangeland Renewable Resources Planning Act of 1974 to provide additional guidance on the implementation, amendment, and revision of plans for Federal lands necessary to ensure the effectiveness of Federal land planning and that the applicable land management plans under title I of this Act and the protections which they afford the Old Growth Forest Reserve and associated species are implemented effectively. Title III: Providing An Interim Program - Provides for an interim program until the Reserve is established and applicable land management plans are adopted under title I of this Act with the same purposes as the long-term program, and for the provision of an adequate supply of timber on FS and BLM lands. Directs the Secretaries to establish an Old Growth Research Program (OGRP) to better understand and manage old growth forest ecosystems. Restricts timber sales on road construction, and mineral leasing on certain FS and BLM lands, including those within a certain radius of a Northern Spotted Owl nest site. Requires environmental impact statements on, and appropriate consultation for, the timber harvested from FS and BLM lands to ensure compliance with the National Environmental Policy Act and the Endangered Species Act. Provides for judicial review of agency decisions or actions under this title. Directs the Secretaries to publish in the Federal Register timber harvesting guidelines for Reserve areas based on OGRP work. Title IV: Economic Adjustment - Establishes the Timber Economic Adjustment Commission to provide Federal economic adjustment grants and benefit payments to the communities economically dependent on the timber on FS and BLM lands and the dislocated workers adversely affected by enactment of this Act. Outlines specific eligibility criteria that such communities and workers must meet in order to receive such assistance. Requires the Secretaries to notify the Commission of any Federal action likely to have a substantial impact on employment. Requires a final Commission report to the Congress and applicable State Governors on economic conditions and employment in affected areas. Title V: Miscellaneous - Authorizes appropriations to carry out this Act.
Bill· SS. 1160 (102nd)referred
United States · United States Congress · 23 May 1991
Federal Mass Transportation Act of 1991 - Amends the Urban Mass Transportation Act of 1964 (the Act) to declare that one of the purposes of the Act is to provide assistance to State and local governments in their efforts to implement programs that support national goals, improve air quality, energy conservation and independence, international competitiveness, and mobility for elderly, disabled, and economically disadvantaged persons. Redesignates the Urban Mass Transportation Administration as the Federal Transit Administration. Declares that the Congress strongly supports a Federal policy that promotes increased use of commute-to-work benefits and that is consistent with national objectives of energy conservation, reduced reliance on energy imports, lessened congestion, and clean air. Authorizes the Secretary of Transportation (Secretary) to make discretionary grants or loans to States and local agencies to finance mass transportation services to meet the special needs of elderly and handicapped persons. Authorizes the Secretary to pay any costs (inclusive of debt service) to retire any long-term debt incurred by an applicant to finance mass transportation projects, including debt to complete such a project for which a letter of intent or full funding contract has been issued by the Secretary when the debt is incurred, in spite of an approved project budget, because of lack of funds made available in an appropriations Act. Revises criteria for the award of grants or loans for the construction of any new fixed guideway system or extension of such a system to require a project to be based upon a thorough assessment of a variety of innovative financing mechanisms in connection with its construction and operation, as well as for its long-range finance plan for meeting overall system capital and operating costs. Sets forth specified factors to be considered by the Secretary in making such grants or loans. Requires the Secretary to make specified determinations with respect to such projects. Requires the Secretary to consider specified factors in assessing the availability of local funding for such projects. Requires such projects to be implemented by means of a full funding contract. Allocates such grants and loans based on a percentage formula for: (1) rail modernization; (2) new fixed guideway systems and extensions; and (3) purchase of buses and the construction of bus-related facilities. Requires apportionment of funds based on a percentage formula for urbanized areas with fixed guideway facilities. Revises provisions relating to the development and planning of transportation systems in urbanized areas. Authorizes the Secretary, as an alternative to grants and contracts with State and local agencies to enter into working agreements with other Federal departments for the planning of public transportation projects and for other technical studies. Revises the formula for apportioning public transportation block grantees for urbanized areas according to fixed guideway revenue vehicle or route miles. Includes in such formula, in the case of routes where multiple tracks or lanes are in use in the same direction, all such tracks or lanes in the computation of total fixed guideway route miles. Provides for a special apportionment of block grants based on the fixed guideway revenue vehicle miles whenever grantees can certify to the Secretary certain energy or operating efficiencies without a reduction in service. Requires block grantees to submit to the Secretary an annual certification that such grantee has continuing control, through operation or lease, including domestic and offshore safe harbor lease transactions, over the use of facilities and equipment (excluding track, signal and communications, and other wayside equipment). Allows grant recipients, when developing a program to propose the sum of proposed program projects concerning activities for local planning purposes, to propose projects whose sum exceeds annual mass transportation apportionments made to urbanized areas. Includes certain supplies (excluding fuel and lubricants) as associated capital maintenance items. Requires a recipient of a mass transportion project grant to retain net income received from the use, lease, or sale of certain acquired airspace or adjacent property acquired or derived from the disposal of certain fungible items. Prohibits the Secretary from awarding grants or making loans on the condition that such net income must be used to finance part of any mass transportation project, or to reimburse the United States for grants or loans made with respect to such projects, or use such net income in any calculation of net project costs. Authorizes the use of a specified percentage of mass transportation funds to finance capacity expansion construction projects, improve the movement or use of mass transit and shared ride programs, or facilitate the development of intermodal facilities. Prohibits the award of a grant unless the recipient certifies that basic transit maintenance needs have been addressed in the metropolitan planning process, and projects have been programmed in the transportation improvement program to meet such needs. Authorizes designated recipients of mass transportation funds prior to enactment of this Act for urbanized areas with populations under 200,000 to continue to receive and dispense such funds. Authorizes the Governor of a State to transfer an amount of the State's apportionment of grants and loans for mass transportation services to meet the needs of the elderly and handicapped to supplement funds apportioned to such State for public transportation projects and technical assistance to non-urbanized areas. Authorizes the Secretary to issue regulations providing for the delegation of environmental review, decisionmaking, and other action pursuant to the National Environmental Policy Act of 1969 (NEPA) to certified recipients of mass transportation assistance. Authorizes a grant for the research and investigation by nonprofit institutions of higher learning of urban transportation problems to cover the safety aspects related to such problems. Requires the Secretary to make grants to the National Cooperative Transit Research Center to research short-term operating problems experienced by assisted public transportation service providers. Authorizes the Secretary to permit recipients of mass transportation assistance to transfer, under specified conditions, facilities and equipment that are no longer needed for a mass transportation project to a public body for a public use, with no further obligation to the Federal Government. Directs the Secretary to promulgate regulations to allow the leasing to public transit operators of vehicles purchased by States, local agencies, private nonprofit corporations, and associations for elderly and handicapped persons. Prohibits a State from imposing further terms or conditions with respect to the administration of public transportation grants awarded to it for non-urbanized areas. Authorizes appropriations for mass transportation projects. Makes specified amounts available: (1) from the Mass Transit Account of the Highway Trust Fund; (2) for substitute mass transportation projects; (3) for rural transportation programs; (4) for planning and design of mass transportation facilities for elderly and handicapped persons; (5) for research, planning, and training programs; and (6) for administrative expenses. Requires the Secretary to make a report to the Congress that includes: (1) actions taken to identify conditions in any facility, equipment, or manner of operation as part of findings and determinations required in providing mass transportation grants and loans; (2) actions to correct or eliminate conditions that create a serious hazard of death or injury as a condition for making such grants and loans; (3) a summary of passenger-and employee-related deaths and injuries resulting from unsafe conditions in such facilities, equipment, or manner of operation, including actions taken to correct or eliminate such conditions; (4) a summary of actions taken to alert transit operators to such conditions; and (5) recommendations to the Congress of any legislative or administrative actions necessary to ensure that recipients of transportation assistance will institute the best means available to correct or eliminate hazards of death or injury. Makes a specified amount of Mass Transit Account funds available: (1) to the Secretary for grants or contracts for specifed mass transportation planning and research projects, including special demonstration initiatives and transit technology development; and (2) for State and local transit cooperative research and planning and research programs. Sets forth a formula for the apportionment and allocation of such funds among the States. Authorizes the Secretary to charge fees for planning and research conferences, seminars, and training sessions. Requires the Secretary to establish an Industry Technical Panel consisting of representatives of transportation suppliers and operators and others involved in technology development to assist in the identification of priority technology development areas and in establishment of guidelines for project development, sharing, and execution. Requires a 80 percent matching Federal share for State and local planning and research programs, with specified exceptions. Requires the Secretary to negotiate and execute a letter of intent and a full funding agreement that provides the Federal share of the cost of construction of the Queens Local/Express Connection in New York City. Directs the Secretary to provide mass transportation funds to the State of New York to meet the transportation needs associated with the staging of the 1993 World University Games. Requires the Secretary to determine, in cooperation with the Southeastern Pennsylvania Transportation Authority (SEPTA), the environmental impact as required by NEPA of the Cross-County Metro project from Morrisville to Downingtown, Pennsylvania. Requires the Secretary, upon a finding that NEPA requirements have been met, to enter into a Full Funding Grant Agreement with SEPTA for the construction of such project. Directs the Secretary to prepare a multiyear funding contract for the rehabilitation of the Drake/Library and Overbrook trolley lines in Allegheny County, Pennsylvania. Requires the Secretary to report to specified congressional committees on the status of completion of such agreement.
Bill· HRH.R. 2463 (102nd)open
United States · United States Congress · 23 May 1991
Forests and Families Protection Act of 1991 - Title I: Establishing Long Term Program - Provides for the establishment of a long-term Bureau of Land Management (BLM) and Forest Service (FS) program to protect old growth forest, the Northern Spotted Owl, and other old growth associated species on areas of ecologically-significant old growth forest on State and Federal lands in Oregon, Washington, and Northern California selected for the Old Growth Forest Reserve to be established by the Secretaries of Agriculture and the Interior under this Act. Requires the Secretaries to: (1) submit the applicable land management plans for implementing such program for appropriate consultation required under the Endangered Species Act; and (2) review previously applied administrative constraints on resource uses on lands under their jurisdiction to minimize the impact on pre-existing land uses resulting from the establishment of the Reserve. Bars further acquisition of mineral and mining rights in the Reserve. Permits roads, structures, and motorized and nonmotorized recreation and access, and hunting and fishing in the Reserve where consistent with the requirements of this Act and other applicable law. Permits timber harvesting in certain limited circumstances and only if not proscribed for any Reserve area in the applicable forest plan. Title II: Ensuring the Effectiveness of Federal Land Planning - Amends the Federal Land Policy and Management Act of 1976 and the Forest and Rangeland Renewable Resources Planning Act of 1974 to provide additional guidance on the implementation, amendment, and revision of plans for Federal lands necessary to ensure the effectiveness of Federal land planning and that the applicable forest plans under title I of this Act and the protections which they afford the Old Growth Forest Reserve and associated species are implemented effectively. Title III: Providing An Interim Program - Provides for an interim program until the Reserve is established and applicable forest plans are adopted under title I of this Act with the same purposes as the long-term program, and for the provision of an adequate supply of timber on FS and BLM lands. Directs the Secretaries to establish an Old Growth Research Program (OGRP) to better understand and manage old growth forest ecosystems. Restricts timber sales, road construction, and mineral leasing on certain FS and BLM lands, including those within a certain radius of a Northern Spotted Owl nest site. Requires environmental impact statements on, and appropriate consultation for, the timber harvested from FS and BLM lands to ensure compliance with the National Environmental Policy Act and the Endangered Species Act. Provides for judicial review of agency decisions or actions under this title. Directs the Secretaries to publish in the Federal Register timber harvesting guidelines for Reserve areas based on OGRP work. Title IV: Economic Adjustment - Establishes the Timber Economic Adjustment Commission to provide Federal economic adjustment grants and benefit payments to the communities economically dependent on the timber on FS and BLM lands and the dislocated workers adversely affected by enactment of this Act. Outlines assistance eligibility criteria. Requires the Secretaries to notify the Commission of any Federal action likely to have a substantial impact on employment. Requires a final Commission report to the Congress and applicable State governors on economic conditions and employment in affected areas. Title V: Miscellaneous - Authorizes appropriations to carry out this Act.
Bill· HRH.R. 2471 (102nd)open
United States · United States Congress · 23 May 1991
Craggy Mountain Wilderness Act of 1991 - Designates the Craggy Mountain Wilderness in the Pisgah National Forest, North Carolina, as components of the National Wilderness Preservation System. Provides that the Land and Resource Management Plans and their associated environmental impact statements for National Forests in North Carolina (including such decisions to allocate roadless areas to wilderness or nonwilderness categories) shall not be subject to judicial review. Releases national forest system lands in North Carolina which were reviewed by the Department of Agriculture from further review by such Department prior to the revision of the plans. States that the provisions above shall also apply to national forest system roadless lands in North Carolina which are less than 5,000 acres in size.
Bill· HRH.R. 2459 (102nd)referred
United States · United States Congress · 23 May 1991
Amends the Forest and Rangeland Renewable Resources Planning Act of 1974 to authorize the Secretary of Agriculture to harvest certain catastrophically damaged timber stands within or adjacent to national forests. Requires the Secretary to prepare an environmental assessment for sales of such timber. Prohibits the environmental assessments and such timber sales from being subject to administrative appeal. Authorizes the Secretary to: (1) substitute such timber for timber that would otherwise be sold under the plan; or (2) if not feasible, sell such timber over and above the plan volume.
Resolution· HRESH.Res. 161 (102nd)open
United States · United States Congress · 23 May 1991
Expresses the sense of the House of Representatives that: (1) it should be U.S. policy to seek in trade negotiations the adoption and enforcement of equivalent environmental standards among the trading nations of the world; (2) until such policy is implemented, the President should seek, through the Uruguay Round of trade negotiations, and as part of the next round of trade negotiations under the General Agreement on Tariffs and Trade or any trade negotiations with Mexico, agreement on mechanisms under which the United States and its trading partners can eliminate or reduce competitive disadvantages resulting from the differing national environmental standards; and (3) any agreement regarding such international environmental standards would not impair the implementation of the Clean Air Act, the Solid Waste Disposal Act, the Toxic Substances Control Act, or other U.S. environmental protection law.
Bill· SS. 1124 (102nd)referred
United States · United States Congress · 22 May 1991
International Economic and Environmental Improvement Act of 1991 - Authorizes the President to alter the obligations of an eligible country to make payments on loans made by the U.S. Government. Defines an "eligible country" as a country that is indebted to the U.S. Government and whose overall debt burden is a cause of economic or environmental hardship. Permits the President to enter into agreements with eligible countries under which the United States agrees to make beneficial alterations of existing debt obligations in consideration for commitments by such countries to: (1) carry out environmental improvement activities; (2) make payments in accordance with this Act; (3) deposit payments to appropriate regional development banks; (4) establish specified administrative bodies to administer environmental trust accounts; or (5) set up trust funds with United Nations agencies. Requires countries with which the United States has agreements to make payments on new obligations in the ratio of 80 percent in U.S. dollars and 20 percent in local currency. Applies such payments to the principal balance of such obligations. Provides that additional payments in the amount of 20 percent of the amount of payments to the United States shall be made in local currencies and deposited in environmental trust accounts for environmental improvement activities. Directs the President to designate appropriate institutions to establish environmental trust accounts. Authorizes the President to designate the United Nations or a regional development bank. Lists appropriate banks. Directs the Secretary of the Treasury to instruct the U.S. executive directors of such banks to use the voice and vote of the United States to establish an environmental group with technical and administrative expertise in implementing environmental projects to administer the trust account. Requires grants from environmental trust accounts to be made to: (1) nongovernmental environmental, conservation, or indigenous peoples organizations of debtor nations; (2) appropriate local or regional entities; and (3) in exceptional circumstances, the governments of such nations. Directs debtor nations to submit environmental plans detailing activities to be undertaken with trust account funds to the appropriate regional bank for approval. Sets forth plan approval and modification procedures. Requires the President, for each bank or the United Nations, to establish a board to provide expertise in matters related to such plans. Directs such boards to: (1) establish minimum criteria for environmental activities; (2) review and approve environmental plans; (3) review audits performed with respect to trust accounts; and (4) render advice to such banks or the United Nations on matters related to grants under such plans. Requires environmental activities, in order to be eligible to receive trust account funds, to be designed to achieve at least one of the following objectives: (1) specified environmental activities listed under the International Financial Institutions Act; or (2) implementation of alternative clean energy or energy conservation measures. Provides that when such environmental activities require the purchase of alternative energy, energy efficiency, or environmental improvement products, funds from trust accounts shall only be used to acquire products manufactured in the United States or the debtor nation undertaking such activities. Declares agreements null and void and reinstitutes old debt obligations if: (1) the use of trust account funds are used for purposes other than those authorized by this Act or in a manner inconsistent with an environmental plan; or (2) a debtor nation fails to submit or update such plan.
Bill· SS. 1135 (102nd)referred
United States · United States Congress · 22 May 1991
Education USA: School Restructuring, Goals and Results for America's Schools Act of 1991 - Title I: Urban and 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 a city-wide collaborative of private sector businesses. Sets limits on the time and the amount of funds to be used for planning purposes. Requires LEAs to use funds under this title to meet national education goals through programs designed to: (1) increase the academic achievement of urban and rural school children to at least the national average; (2) prepare all urban and rural children for school; (3) increase the graduation rates of urban and rural students to at least the national average; (4) prepare urban and 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 urban and 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 urban and 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; (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 urban and 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 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 - Part A: Urban School Research and Evaluation - Authorizes appropriations, to carry out this title, for the National Institute for Urban Education (the Institute), established in the Department of Education by this title. Amends the Department of Education Organization Act to create an Assistant Secretary for Urban Education (the Assistant Secretary), who is to establish the Institute in the Department. Directs the Assistant Secretary to: (1) reserve 20 percent of funds for this title for operation of the Institute; and (2) from the remainder of such funds, make allotments to urban eligible LEAs on the basis of numbers of students. Directs the Institute to: (1) evaluate and disseminate results of activities under title I; (2) conduct research in urban education; (3) serve as a clearinghouse on urban education research findings, policies, and practices; (4) assist LEAs in developing research and evaluation to assess progress toward meeting national education goals; (5) provide training in research and evaluation; (6) design a research and evaluation strategy for assessing progress under this Act; and (7) design and test both common indicators and new multiple-measures of progress toward national education goals. Provides for an Institute Governing Board. Allows urban LEAs to use funds under this part for: (1) collaborative and coordinated research and evaluation of educational techniques or approaches in multiple cities served by eligible LEAS; (2) evaluation of projects assisted under title I; (3) dissemination of information on successful projects and approaches under title I; (4) design and implementation of programs for LEA technical assistance to individual schools and teachers involved in title I projects; (5) data and information management services for schools participating in a title I program; (6) staff training in such schools; (7) evaluation of progress in meeting national educational goals by LEAs receiving assistance under this Act; (8) staff training in test interpretation and use for diagnostic purposes; (9) information for parents on test results and interpretation; (10) research and evaluation technology and training; (11) tools for assessment of students in individualized instruction; (12) research on school policies and practices that may be barriers to student success; and (13) new, multiple, alternative assessments of student progress. Part B: Rural School Research and Evaluation - Authorizes appropriations to carry out this part. 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 receiving 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 part 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 Urban and Rural Schools to: (1) review Federal programs to determine effects on urban and rural school ability to meet national education goals; (2) track school progress toward such goals; (3) solicit advice and information from urban and rural education experts and urban 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 urban and rural school progress; (6) review and recommend improvement for streamlining of Federal data collection in urban and rural schools; and (7) conduct research to help urban and rural school practitioners improve school performance. Directs the President to conduct White House Conferences on Urban Education and on Rural Education before October 30, 1994. Requires the Conferences to: (1) develop recommendations and strategies for improving urban and rural education; (2) marshal the forces of the private sector, governmental agencies at all levels, parents, teachers, communities, and education officials to assist urban and rural schools in meeting national goals; and (3) conduct initial planning for a permanent national advisory commission on urban education and on rural education. Requires reports to the President. Authorizes appropriations for such Conferences. Establishes the Augustus F. Hawkins National Commission on Urban Education and the Carl D. Perkins National Commission on Rural Education (the Commissions). Directs the Commissions to: (1) study specified issues relating to urban and rural schools; and (2) report, and recommend changes in Federal legislation, to the President and appropriate congressional committees. Terminates the Commissions three years after their first meetings. Authorizes appropriations for the Commissions. Requires eligible LEAs to use Federal funds received under this Act only to supplement but not supplant non-Federal funds.
Bill· SS. 1121 (102nd)referred
United States · United States Congress · 21 May 1991
Federal Aid Surface Transportation Act of 1991 - Title I: Federal-Aid Highway Act of 1991 - Federal-Aid Highway Act of 1991 - Authorizes appropriations out of the Highway Account of the Highway Trust Fund (HTF) for: (1) the National Highway and Bridge System; (2) the Urban and Rural Highway and Bridge Program; (3) emergency relief; (4) the Federal Lands Highway Program; (5) the University Transportation Centers Program; (6) the Right-of-Way Revolving Fund; and (7) the Territorial Highway Program. Specifies that unobligated balances of funds apportioned or allocated to a State under Federal highway provisions before October 1, 1991, shall be available for obligation in such State under the law, regulations, policies, and procedures relating to the obligation and expenditure of those funds in effect on September 30, 1991. Repeals the FY 1993 authorization under the Federal-Aid Highway Act of 1956. Authorizes appropriations for Interstate construction to complete the Interstate System out of the Highway Account of the HTF for each of FY 1992 through 1995. Provides for certain allocations for Massachusetts for such fiscal years. Sets forth a formula for the apportionment of authorized funds for such fiscal years among the States. Authorizes appropriations out of the Highway Account of the HTF for highway projects for the Interstate Substitution Program. Sets forth provisions with respect to obligation ceilings for Federal-aid highway programs, distribution of and limitations on obligation authority, and redistribution of unused obligation authority. Declares that national resources should be focused upon preserving the nation's investment in its Interstate systems, that broad national defense, economic, safety, and international policy goals are advanced by efficient transportation systems, that national transportation investments should increasingly encourage domestic and international commerce and trade, and that, based on congressionally established national transportation policy and objectives, a new Federal high priority highway network should be designated. Establishes the National Highway and Bridge System, to consist of all currently designated Interstate highways, an appropriate portion of the rural and urban principal arterial routes, including toll facilities, and national defense highways, and routes which meet specified criteria (including nationally significant truck routes, routes that provide nationally significant commodities with access to markets, access points to significant national parks, facilities that will provide logical connection between major population centers and the National Highway and Bridge System, and major urban corridors). Specifies that the National Highway System shall be based on a functional reclassification of roads and streets in each State which shall be designated not later than September 30, 1993, in accordance with guidelines issued by the Secretary of Transportation, and that the Secretary may add segments to the National Highway System as necessary to meet National Highway Program objectives. Directs the Secretary to establish criteria for reviewing projects to be funded as part of the National Highway and Bridge System which: (1) define eligible projects to include rehabilitation, resurfacing, restoration, capacity expansion, operational improvement, safety, and new highway construction; (2) ensure as a first priority for the use of available funds the protection of investments made in the Interstate highways in each State and the provision of suitable traveling quality by such highways; (3) permit funding in urbanized areas to be used to improve highway and transit systems, where it can be shown that the improvement will increase the level of service within the corridor of the National Highway and Bridge System; and (4) permit the use of such funds for intercity rail projects and projects for access to ports, airports, and related facilities. Sets forth additional provisions with respect to the discharge of responsibilities by the Secretary for National Highway and Bridge System projects. Directs the Secretary to establish an Urban and Rural Highway and Bridge Program to provide a category of funds that minimizes Federal requirements and provides flexibility in the use of available funds for either highway or transit projects. Specifies: (1) that the Urban and Rural Highway and Bridge Program shall consist of all public highways (including bridges) functionally classified as arterials, urban collectors, and rural collectors other than those designated as part of the National Highway and Bridge System; (2) that each State shall establish guidelines for implementing this program; and (3) eligible highways and projects. Authorizes the Secretary to approve innovative highway- and transit-related immediate action, non-capital intensive projects to help relieve congestion and transportation-related air quality problems in urbanized areas of more than 200,000 population, or projects in rural areas that respond to rural transportation problems through innovative approaches and strategies. Sets forth provisions with respect to project compliance with State and Federal requirements. Requires States to have an ongoing bridge inspection and inventory system. Directs the Secretary to set aside specified funds for Metropolitan and Rural Innovative Bonus Projects. Sets forth provisions with respect to the obligation of funds, and the Federal share of projects, for the construction of toll roads, bridges, tunnels, and ferries. Repeals provisions: (1) requiring each State to certify annually that it is enforcing all speed limits on public highways posted at the national maximum speed limit; (2) requiring the Secretary to withhold project approval in any State that fails to certify accordingly; (3) requiring States to submit to the Secretary compliance data for a 12-month period on the percentage of motor vehicles exceeding 55 miles per hour (mph) on their public highways posted at 55 mph; and (4) establishing a process under which a State could lose up to ten percent of its non-Interstate highway construction funds for the following fiscal year if the State's 12-month compliance data show that more than 50 percent of its motorists exceeded the posted 55 mph limit. Requires the Secretary, in each fiscal year, to allocate among the States amounts sufficient to ensure that: (1) the total of apportionments and minimum allocation for each State in each such fiscal year shall not be less than 90 percent (currently, 85 percent) of the percentage of estimated tax payments into the Highway Account of the HTF attributable to highway users in the State of total apportionments in each such fiscal year and allocations for the prior year; and (2) each State's total apportionment from the Highway Account of the HTF for the year is not less than that made during FY 1991 (excluding any Interstate construction funds in excess of FY 1992 one-half percent minimum, Interstate substitution, and amounts for demonstration or discretionary funding programs or projects). Directs the Secretary to cooperate with State and local officials in urbanized areas in the development of transportation plans and programs which are formulated with due consideration to comprehensive long-range land use plans, development objectives, innovative financing mechanisms, overall social, economic, environmental, and system performance, energy conservation goals and objectives and with due consideration to their probable effect on the future development of the area. Specifies that the transportation planning process, at a minimum, shall cover the existing urbanized area and the area expected to become urbanized within the forecast period, and that it may encompass the entire Metropolitan Statistical Area/Consolidated Metropolitan Statistical Area at the discretion of the Governor and the affected units of local government. Requires that transportation plans and programs in urbanized areas of more than 200,000 population be based on a continuing transportation planning process which: (1) is carried out by a metropolitan planning organization and is comprehensive to the degree appropriate based on the complexity of transportation problems in the area, including transportation-related air quality problems; and (2) considers all modes of transportation, including intermodal connectivity, the balance between future development and transportation needs, and an areawide multimodal congestion management system. Specifies that in nonattainment areas for transportation-related pollutants, the multimodal congestion management system shall address air quality considerations and be coordinated with the process for development of the transportation element of the State Implementation Plan required by the Clean Air Act. Requires that the costs and impacts of proposed action on both mobility and air quality be evaluated. Bars the Secretary from approving any highway project in urbanized areas of more than 200,000 population that by reconstruction or new construction significantly increases the vehicle carrying capacity of a transportation corridor unless the project is consistent with the congestion management system. Directs the metropolitan planning organization to cooperate with the State in the development of a congestion management, bridge management, pavement management, safety management, and traffic monitoring system. Requires that: (1) a metropolitan planning organization be designated in each urbanized area by agreement among the units of general purpose local government and the Governor to carry out such transportation planning process; (2) such organization develop a transportation improvement program that includes all projects proposed for funding within the study area under the National Highway and Bridge Program, the Urban and Rural Highway and Bridge Program, and the Bridge Program; and (3) in urbanized areas of 200,000 population or less, such organization, the State, and transit operators, at a minimum, meet the requirements of this Act by the development of such a transportation improvement program (including consideration of transportation-related air quality problems). Requires the Federal highway research program to include a coordinated long-term program of research: (1) on Intelligent Vehicle Highway Systems; and (2) for the development, use, and dissemination of performance indicators to measure the performance of the surface transportation system. Requires such program to continue those portions of the Strategic Highway Research Program that the Secretary deems important. Directs the Secretary to create and administer the Dwight David Eisenhower Transportation Fellowship Program, a program to attract qualified students to the field of transportation engineering and research. Provides for the funding of such program. Directs the Secretary to cooperate with the States in carrying out: (1) statewide transportation planning to support transportation programs and projects funded under this Act; and (2) State highway research. Sets forth provisions regarding State matching fund requirements and waiver of such requirements. Directs the Secretary: (1) in the Secretary's reports regarding future highway needs of the nation, to report as well on the condition and performance of the existing system and on the bridge needs of the nation; and (2) beginning with the report due in January 1995, to include the results of studies of the air quality impacts of transportation programs, including the air quality benefits realized from transportation control measures required under the Clean Air Act. Establishes within the Department of Transportation a Bureau of Transportation Statistics, which shall pursue a comprehensive, long-term program for the collection and analysis of data relating to the performance of the national transportation system. Requires the Director of such Bureau to: (1) produce annually unbiased and comparable estimates of factors, including productivity in the various portions of the transportation sector, traffic flow, travel times, travel costs of intracity commuting and intercity trips, frequency of vehicle and transportation facility repairs, accidents, and collateral damage to the human and natural environment; and (2) submit reports beginning on October 1, 1992, and every 12 months thereafter, to specified congressional committees describing the status of the U.S. transportation system. Authorizes the Secretary to: (1) undertake, on a cost-shared basis, collaborative research and development with non-Federal entities, including State, local, and foreign governments; and (2) enter into cooperative research and development agreements, except that the average Federal share in such agreements shall not exceed 50 percent (but allows the Secretary to approve a higher Federal level of participation where there is substantial public interest or benefit.) Authorizes the Secretary to withhold project approvals on National Highway and Bridge Program projects for failure of a State to have a bridge management, pavement management, safety management, and congestion management system. Requires each State to have a traffic monitoring system to provide statistically-based traffic data. Sets forth provisions regarding: (1) acquisition of rights-of-way; (2) private, State, and local donations; (3) wetland mitigation, conservation, and enhancement; (4) access to rights-of-way to accommodate needed passenger or commuter rail, high speed ground transportation systems (including magnetic levitation systems), and highway and nonhighway public mass transit facilities; and (5) the definition and scope of the Interstate System. Declares that: (1) the nation must redirect its efforts toward moving people, information, and goods rather than moving vehicles; (2) the new Federal program shall refocus national policies to respond to increasing inter-regional travel, relieving urban congestion, improving rural access, fostering intermodalism, enhancing air quality, conserving energy, and giving priority to projects that offer the best solutions to the transportation problems and environmental considerations of each region; and (3) the essential element for an effective future program is a new Federal, State, and local partnership that provides more funding, greater program flexibility, and greater program management and resource contribution responsibilities at the State and local levels. Sets forth provisions with respect to the apportionment of funds, including apportionment formulas under the: (1) National Highway and Bridge Program, based on the State's rural and urban lane miles, rural vehicle miles traveled, and diesel fuel consumption; and (2) Urban and Rural Highway and Bridge Program, in the ratio of tax payments of the Highway Account of the HTF attributable to the highway users of each State. Requires the Secretary to reduce up to ten percent of a State's apportionment of National Highway and Bridge Program funds in any fiscal year during which heavy vehicles, subject to a heavy vehicle use tax, may be lawfully registered in the State without having presented proof of payment of such tax. Sets forth provisions with respect to: (1) project agreements and obligations of funds; (2) availability of funds; (3) the Federal share payable with respect to certain projects; (4) project litigation expenses; and (5) the allocation and administration of Federal lands highways funds and the establishment of a coordinated Federal Lands Highways Program. Authorizes (subject to specified limitations): (1) States to use Federal highway funds to construct improved lanes, paths, or shoulders, traffic control devices, shelters, and parking facilities for bicycles and pedestrians, and carry out nonconstruction projects related to safe bicycle and pedestrian use; (2) the Secretary, where a highway bridge deck being replaced or rehabilitated with Federal financial participation is located on a highway on which bicycles or pedestrians are permitted to operate at each end of the bridge and where the Secretary determines that the safe accommodation of bicycles or pedestrians can be provided at reasonable cost, to replace or rehabilitate such bridge, making such accommodations; (3) Federal lands highways funds to be used for the construction of pedestrian walkways and bicycle routes; and (4) a State to expend Urban and Rural Highway and Bridge Program funds for such construction. Repeals a provision requiring that specified highways be free from tolls. Authorizes the Secretary to: (1) carry out a transportation assistance program that will provide highway and transportation agencies in urbanized areas of 50,000 to 1,000,000 population and rural areas access to modern highway technology; and (2) make grants to enter into contracts for education and training, technical assistance, and related support services to effectuate such program. Repeals a provision authorizing the Secretary to use photogrammetric methods in mapping and the utilization of commercial enterprise for such services. Authorizes the Secretary to engage in activities to inform the domestic highway community of technological innovations abroad that could significantly improve highway transportation in the United States, promote U.S. highway transportation expertise internationally, and increase transfers of U.S. highway transportation technology to foreign countries. Provides for a temporary waiver of the matching fund requirement for qualifying projects, with increases in the Federal share for any State to be repaid by March 30, 1994. Directs the Secretary to: (1) carry out experimental programs which allow the Federal Highway Administration and the States to demonstrate innovative or nontraditional design, construction, and management practices, or both, for highway projects while utilizing a competitive process for selection of contractors; and (2) evaluate and report on the results of such programs. Provides for: (1) a functional reclassification of all public roads; (2) the transfer of funds for transit projects to, for administration by, the Urban Mass Transportation Administration; and (3) a recodification of Federal highway-related provisions. Requires that construction standards adopted for the National Highway and Bridge System be those approved by the Secretary in cooperation with the State highway departments and the American Association of State Highway and Transportation Officials (currently, with respect to construction standards for the Interstate System, cooperation with such Association is not required). Directs the Secretary to issue guidelines for minimizing soil erosion from highway construction. Bars the Secretary from approving projects that will result in the severance or destruction of an existing major route for nonmotorized transportation traffic and light motorcycles, unless the project provides a reasonable alternative route or an alternative route exists. Requires: (1) projects for resurfacing, restoring, or rehabilitating specified highways to be constructed in accordance with standards to preserve and extend highway service life and enhance highway safety; and (2) States to charge, at a minimum, fair market value for the sale, use, lease, or lease renewals of right-of-way airspace acquired as a result of a project funded in whole or in part with Federal assistance made available from the Highway Account of the HTF, with exceptions. Provides that: (1) Indian contractors certified by State transportation or highway departments shall receive preference in the award of contracts on Indian reservations to the maximum extent practicable; and (2) contracts for Urban and Rural Highway and Bridge Program projects may be entered into with the prior concurrence of the Secretary in the award. Authorizes: (1) the State transportation or highway department to include warranty or guarantee provisions in construction contracts which, if used, shall be for a specified construction product or feature and may not include routine maintenance; and (2) projects (currently, requires projects) approved to include the amount of any interest earned and payable on bonds issued by the State to the extent that the proceeds of the bonds have actually been expended in the construction of the project. Authorizes the Secretary, except for projects administered under the Urban and Rural Highway and Bridge Program, to make payments to a State for costs incurred on a project. (Current law authorizes payment to States for construction.) Specifies that total payments shall not exceed total costs incurred by the State for the project. Requires any State transportation or highway (currently, highway) department which submits plans for a National Highway and Bridge Program or Interstate System project (currently, Interstate System project) to make its certification and report, indicating that consideration was given to the economic, social, environmental, and other effects of the plan, highway location or design, and various alternatives which were raised during the hearing or which were otherwise considered. (Current law does not mention the latter requirement.) Authorizes the Secretary to approve for Federal financial assistance from National Highway and Bridge Program funds: (1) projects designed to encourage the use of carpools, subject to specified limitations; and (2) the construction of exclusive or preferential high occupancy vehicle (HOV) lanes, highway traffic control devices, intercity and urban bus passenger loading areas and facilities, and fringe and transportation corridor parking to serve HOVs, intercity bus, and public transportation passengers. Specifies that if fees are charged for the use of any carpool or other publicly owned parking facility constructed pursuant to Federal highway provisions, the revenue in excess of that required for maintenance and operation of the facility and the cost of providing shuttle service to and from the facility, including compensation to any person for operating the facility and for providing shuttle service, shall be used for purposes authorized under Federal highway provisions. Requires that National Highway and Bridge System funds be made available to finance the Federal share of projects for exclusive or preferential HOV, truck, and emergency vehicle routes or lanes. Permits such routes on the Interstate System to have less than four lanes of traffic. Prohibits the approval of HOV projects unless the Secretary has received assurances from the owner or operator of the facility that HOV vehicles will fully utilize the proposed project and that essential operations and enforcement support of the facility will be provided. Specifies that, in any case where sufficient land exists within the publicly acquired rights-of-way of the National Highway System to accommodate needed nonhighway public mass transit facilities and where the accommodation can be accomplished without impairing automotive safety or future highway improvements, the Secretary may authorize a State to make those lands and rights-of-way available without charge to a publicly owned mass transit authority for such purposes wherever the public interest will be served. Directs the Secretary to require assurance from any State desiring to avail itself of benefits under Federal highway provisions that employment in connection with proposed projects be provided without discrimination based on race, color, religion, national origin, age, disability, or sex (currently, specifies "without regard to race, color, creed, national origin, or sex"). Requires that not to exceed one fourth of one percent of the funds apportioned to a State be available for highway construction training. Prohibits discrimination on the basis of sex under programs or activities receiving Federal assistance. Repeals a requirement that each State certify that it is enforcing all speed limits on public highways and that the Secretary not approve projects in States failing to make such certification. Requires each State to establish a procedure to certify that highway bridge inspectors meet national qualifications. (Current law requires that standards established by the Secretary include a procedure for national certification of such inspectors.) Directs the Secretary to withhold ten percent of the amount to be appropriated to any State on the first day of each fiscal year in which the purchase or public possession in that State of any alcoholic beverage by a person who is less than 21 years of age is lawful (current law specifies five percent on the first day of the fiscal year succeeding the first fiscal year beginning after September 30, 1985, and ten percent after the second fiscal year beginning after such date). Specifies that funds withheld from apportionment shall be apportioned to the other States in compliance and remain available for the period of time applicable to the category of funds withheld. (Currently, treatment of such funds varies based on whether funds were withheld on or before September 30, 1988.) Directs that construction estimated to cost $50,000 (currently, $15,000) or more per mile or per project for projects with a length of less than one mile on forest development roads and trails be advertised and let to contract, and allows projects with less than such cost, if no acceptable bid is received, to be done by the Secretary of Agriculture. Repeals provisions under the Territorial Highway Program providing that: (1) Federal financial assistance be granted on the basis of a Federal contribution of 100 percent of the cost of any project; and (2) the Governor must agree not to impose any toll, or permit any such toll to be charged, for use by vehicles or persons of any portion of the facilities constructed or operated to qualify for funding. Provides that, in addition to a specified percentage, sums provided (currently, two percent) for each fiscal year may be expended upon request of the Governor with the Secretary's approval under such Program. Requires (currently, authorizes the Secretary to make) expenditures with respect to the reconstruction of the Alaska-Canada international highway. Authorizes the Secretary to give priority of approval to, and expedite the construction of, projects that are recommended as important to the national defense. Modifies provisions regarding the National Highway Institute to: (1) require that private agencies and individuals pay the full cost of any education and training received by them; and (2) authorize the Institute to engage in all phases of contract authority for training purposes authorized under Federal highway provisions and to carry out its authority independently or in cooperation with any other branch of Government, authority, association, or person. Authorizes the Institute to establish and collect fees from any entity and place them in a special account.
Bill· SS. 1108 (102nd)referred
United States · United States Congress · 21 May 1991
Prohibits, for a two-year period, the burning of hazardous waste in cement kilns. Requires the Administrator of the Environmental Protection Agency to study and report to the appropriate congressional committees on the effects on human health and safety of handling, storage, and burning of hazardous wastes in cement kilns.
Bill· SS. 1111 (102nd)referred
United States · United States Congress · 21 May 1991
Radiation Protection Act of 1991 - Amends the Atomic Energy Act of 1954 to require Federal agencies to comply with all Federal, State, and local requirements concerning the imposition of fees for the storage or disposal of low-level radioactive waste in the same manner as nongovernmental entities. Amends the Low-Level Radioactive Waste Policy Act Amendments of 1985 to apply requirements concerning the disposal of Federal low-level radioactive waste at non-Federal facilities to the storage of such waste at such facilities. Declares that no Federal law may be construed to prohibit or otherwise restrict the authority of a State to regulate, on the basis of radiological hazard, the disposal of low-level radioactive waste designated a State responsibility for which the Nuclear Regulatory Commission does not require disposal in a low-level radioactive waste disposal facility licensed by the Commission or by an Agreement State. Provides that no Federal law may be construed to preclude or otherwise restrict the authority of any State to impose standards for the protection from radiological hazards more stringent than the Commission's for such disposal. Revokes certain policy statements of the Commission relating to radioactive waste below regulatory concern. Prohibits the Commission or the Administrator of the Environmental Protection Agency from issuing policies exempting radioactive materials or practices from regulation unless there is advance notice of the proposed regulatory action in the Federal Register and the public is provided an opportunity to comment or to participate in an adjudicatory hearing.
Bill· HRH.R. 2400 (102nd)open
United States · United States Congress · 20 May 1991
Wetlands Stewardship Act of 1991 - Title I: Wetlands Permitting - Amends the Federal Water Pollution Control Act to provide that it is U.S. policy to: (1) achieve no overall net loss of the nation's wetland base; and (2) restore and create wetlands to increase the quality and quantity of the nation's wetlands resource base. Adds to the list of activities in navigable waters that the Secretary of the Army (Secretary) is authorized to issue permits for: (1) dredging, excavation, channelization, draining, or flooding of wetlands; and (2) activities that will impair the flow, reach, or circulation of navigable waters. Permits the Administrator of the Environmental Protection Agency to prohibit or restrict any discharge into or alteration of navigable waters resulting from permitted activities. Requires the Administrator and the Secretary to establish procedures under which permit applicants and other affected persons may appeal prohibitions or restrictions. Applies provisions regarding the issuance of general permits on a State, regional, or nationwide basis to activities conducted in navigable waters authorized by this Act. Permits the Secretary to issue general permits jointly with a State that has a wetlands conservation plan for categories of activities in navigable waters or categories of navigable waters if such activities will have minimal adverse effects on the environment. Adds to the list of activities exempt from regulation under this Act: (1) activities conducted in altered or degraded nontidal wetlands in private ownership in accordance with an agreement between the landowner and the U.S. Fish and Wildlife Service or the Soil Conservation Service that provides for the restoration of wetlands values and functions; (2) silviculture activities conducted in accordance with best management practices approved by the State in which such activities are conducted; (3) aquaculture activities conducted before this Act's enactment date; and (4) aggregate or clay mining activities, subject to certain conditions. Authorizes the Secretary to provide for expedited permitting in a State or federally declared drought emergency. Requires the Secretary, the Secretary of Agriculture, the Secretary of the Interior, and the Administrator to: (1) jointly conduct a rulemaking proceeding to review and revise, as necessary, the existing technical method for the delineation of wetlands; and (2) report to the Congress on the estimated acreage of wetlands in each region of the United States to be identified as wetlands pursuant to such rule. Directs the Secretary, the Secretary of the Interior, and the Administrator to jointly develop methods for the assessment of wetlands functions and values. Requires the Secretary to report biennially to the Congress on the effects on wetlands of activities conducted under permits. Revises administrative provisions regarding State permit programs for activities in navigable waters. Requires States with approved permit programs to report biannually to the Administrator. Sets forth procedures concerning the withdrawal of program approval. Authorizes the Administrator to audit programs to ensure that States are achieving the policy set forth in this Act. Provides that permits shall require measures to avoid adverse effects on navigable waters caused by permitted activities and to minimize effects that cannot be avoided. Requires permittees to: (1) conduct mitigation and compensate for adverse effects for which measures are not practicable by restoring degraded wetlands or creating new wetlands; (2) redeem an appropriate number of credits issued under the wetlands mitigation banking system established under this Act; or (3) perform a combination of such requirements. Authorizes the Administrator, upon appeal by an applicant for a permit for construction of a building associated with a residence or for minor expansions or repairs that adversely affect less than three acres of wetlands, to issue a permit or modify mitigation requirements if the applicant demonstrates that: (1) the applicant has owned the property on which the activity requiring a permit will occur for three or more consecutive years; and (2) the denial of the permit or a failure to reduce the mitigation required would cause significant financial hardship. Permits the Secretary to require a payment as mitigation for impacts to navigable waters resulting from an activity conducted under a general permit. Directs the Secretary, the Administrator, and the Secretary of the Interior to jointly issue rules establishing a wetlands mitigation banking system. Requires such system to provide for the issuance of credits by the Secretary or a State with an approved permit program or wetlands conservation plan to any person who: (1) creates wetlands; (2) restores or enhances degraded wetlands; or (3) creates, restores, or enhances uplands that serve as buffer zones to protect or enhance wetlands. Provides for the establishment of: (1) requirements for the issuance and redemption of credits under the system; (2) standards for determining the number of credits to be issued; and (3) requirements to ensure the security of the long-term ownership interests of wetlands and uplands on which projects are conducted for credits and to protect the wetlands values of such wetlands and uplands. Authorizes the transfer of credits under the system. Exempts from this title's requirements: (1) activities for which a significant alteration of land or navigable waters is commenced before this Act's enactment date; or (2) activities approved at specific sites before May 21, 1991. Title II: Wetlands Planning and Preservation - Authorizes the Administrator, jointly with a State that has made progress in completing a wetlands conservation plan, to conduct advanced planning by identifying navigable waters in the State that are suitable or unsuitable for activities for which permits are issued under this Act. Permits the Administrator to authorize certain local governments and areawide planning agencies designated under the Demonstration Cities and Metropolitan Development Act of 1966 to identify such waters, subject to certain requirements. Requires the Administrator to make publicly available maps depicting such waters which indicate: (1) waters suitable and unsuitable for permitted activities; and (2) the wetlands functions of such waters. Directs the Administrator to make grants to States or to such local governments and agencies for identifying and describing navigable waters. Bases eligibility for such grants on the value and threat of degradation, destruction, or loss of wetlands. Requires the Secretary of the Interior to: (1) identify, map, and digitize wetlands that should be given priority because of their high value, the threat of their loss, destruction, or degradation or lack of existing or adequate maps; and (2) identify all areas under consideration for advanced planning. Authorizes State Governors to submit State wetlands conservation plans to the Administrator for approval. Sets forth plan requirements and approval procedures. Authorizes the Administrator, the Secretary, or the Secretary of the Interior, upon the request of a State, to provide technical assistance for plan development. Requires the Administrator, based on need, to provide financial assistance to States for the development and implementation of such plans. Directs the Secretary of the Interior to establish a program to promote the conservation and wise stewardship of wetlands and riparian lands on private property. Requires the program to provide assistance to private landowners for: (1) conserving wetlands and riparian lands; (2) enhancing wildlife and fisheries habitat; and (3) developing economic uses of wetlands which will not degrade wetlands. Authorizes the Secretary of the Interior to enter into agreements with respect to the conservation of such lands. Requires the Secretary of the Interior to present annual Wetlands for Wildlife Awards to individuals who have made a substantial contribution to the conservation and wise stewardship of wetlands and riparian lands.
Bill· HRH.R. 2398 (102nd)open
United States · United States Congress · 20 May 1991
Hazardous and Additional Waste Export and Import Act of 1991 - Declares that the purpose of this Act is to implement the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. Amends the Solid Waste Disposal Act to make it unlawful to export from, or import into, the United States any hazardous or additional waste, except as provided by this Act. Excludes from the definition of "export" and "import" any: (1) transport for the purpose of disposal of hazardous or additional waste in compliance with a permit issued under the Marine Protection, Research, and Sanctuaries Act; (2) discharge of hazardous or additional waste subject to regulations under the Act to Prevent Pollution From Ships; and (3) any transboundary movement of hazardous or additional waste generated or managed exclusively by U.S. Government activities or facilities abroad or on board U.S. aircraft into an area under U.S. jurisdiction, provided that such waste is not unloaded before reaching an area under U.S. jurisdiction. Excludes from the provisions of this Act (except for prohibitions concerning the Antarctic Treaty Area): (1) specified waste exported or imported for recycling; (2) source, special nuclear, or byproduct material defined by the Atomic Energy Act of 1954 that is excluded from the definition of solid waste; (3) spent nuclear fuel; and (4) hazardous or additional waste that when mixed with such materials or fuel is subject, as a result of being radioactive, to other international control systems. Makes the prohibition inapplicable to exports or imports of hazardous or additional waste made pursuant to and in compliance with: (1) an existing bilateral or regional waste export or import agreement between the United States and the government of an exporting or importing country; (2) specified provisions of the Solid Waste Disposal Act governing the export of hazardous waste; and (3) a bilateral or regional waste export or import agreement entered into after the enactment of this Act if such agreement requires environmentally sound waste management and compliance with applicable Federal laws. Makes it unlawful to export or import hazardous or additional waste if the waste will not be managed in an environmentally sound manner and in accordance with laws of importing and transit countries and the United States, applicable State programs, and contract provisions. Requires exporters to provide notice of proposed exports to the President for forwarding to importing and transit countries. Provides that: (1) consent of such countries must be obtained prior to exporting; (2) waste generators must make efforts to, and document efforts to, minimize generation of such waste; and (3) a contract between the exporter and importer must exist prior to commencing the export. Requires exporters and generators, within 60 days of receiving information that a shipment of waste has not been delivered to the facility designated in the notification or managed as specified in the contract, to: (1) accept legal and financial responsibility for arranging for the acceptance of waste by an alternative facility and deliver the waste to such facility; (2) return the waste to the United States; or (3) notify the President that they decline to accept responsibility because such information is unreliable or invalid. Sets forth steps that the President may take upon receipt of such notice. Directs exporters to comply with financial responsibility requirements of the United States and of importing and transit countries. Authorizes general notification and consent procedures for multiple shipments of the same waste to the same disposer via the same customs offices. Requires importers, prior to importing hazardous or additional waste into the United States, to notify and obtain the consent of the President. Sets forth requirements for importers with respect to contracts, legal and financial responsibility, and general notification and consent procedures that are parallel to those for exporters. Authorizes the President to: (1) determine the procedures by which waste may be managed abroad or imported into the United States; and (2) exempt an individual shipment of waste by an executive branch agency from compliance if in the interest of the United States. Prohibits the importation of hazardous or additional waste into the United States for transit without the notification and consent of the President. Sets forth notification requirements. Authorizes the President to issue orders prohibiting the export or import of waste by a particular source, shipment, or class where there is reason to believe that: (1) the exported waste would not be managed in an environmentally sound manner; (2) the management of imported waste would be in violation of Federal laws or State programs; or (3) exports or imports may not be in accordance with contracts, bilateral agreements, or international obligations of the United States. Permits the issuance of emergency orders to prohibit the export or import of waste by a particular source, shipment, or class from or to a specific country for up to 45 days where: (1) the waste may present an imminent endangerment to health or the environment; or (2) the importing or exporting country requests emergency actions in support of enforcement efforts related to such waste. Authorizes the President to: (1) arrange for the disposition of wastes that are not delivered and to recover costs from liable exporters and generators; and (2) restrict waste exports or imports to designated U.S. ports. Makes it unlawful to export hazardous or additional waste for treatment, incineration, storage, disposal, or recycling to locations south of 60 degrees south latitude (the Antarctic Treaty Area). Sets forth annual reporting requirements for waste importers and exporters. Provides for the imposition of fees on such individuals. Prescribes civil penalties and authorizes civil actions in connection with specified violations of this Act. Provides for criminal penalties for certain knowing violations. Subjects property used in violation of this Act to forfeiture. Sets forth financial responsibility requirements with respect to the illegal exportation or importation of waste. Applies provisions of the Solid Waste Disposal Act governing the export of hazardous waste to additional waste. Amends the Marine Protection, Research, and Sanctuaries Act to prohibit dumping of material transported from outside the United States (except in compliance with a permit) into the Exclusive Economic Zone of the United States (currently, a zone contiguous to the U.S. territorial sea). Prohibits the issuance of permits for dumping in the Antarctic Treaty Area.
Bill· HRH.R. 2399 (102nd)reported
United States · United States Congress · 20 May 1991
Energy Technology Research and Development Authorization Act of 1991 - Authorizes appropriations to the Secretary of Energy for FY 1992 and 1993 for: (1) supporting research and technical analysis (with amounts for the Basic Energy Sciences Program, including amounts for the Advanced Photon Source, the Energy Research Analysis Program, the Multiprogram Energy Laboratories Facilities Support Program, university and science education, and the Advisory and Oversight Program Direction and Policy Management for Energy Research Activities); (2) nuclear energy (with amounts for the Nuclear Energy Research and Development Program and for a research and development program to mitigate hazards associated with high level radioactive waste and spent fuel from nuclear reactors); (3) fusion energy research and development (with amounts for magnetic fusion energy research and for the Inertial Confinement Fusion Program); (4) the Atomic Vapor Laser Isotope Separation Program; (5) the Environmental Restoration and Waste Management Program; and (6) fossil energy (with amounts for basic and supporting research, advanced technology development, petroleum, natural gas, cooperative research and development, and supporting activities). Sets forth U.S. policy with respect to appropriations for substantial and major construction projects of the Department of Energy (DOE) in civilian energy research and development areas. Directs the Secretary, after the completion of the preliminary design phase of a major construction project, to report to the Congress on: (1) estimates of the total cost of construction, the time required to complete construction, and the annual operating costs of the facility; (2) the intended useful operating life of the facility; and (3) any existing facilities to be closed as a result of the operation of such facility. Requires the Secretary, after the completion of the preliminary design phase of the Advanced Neutron Source and Burning Plasma Experiment major construction projects, to provide the Congress with information on their anticipated costs and schedules. Directs the Secretary to: (1) proceed expeditiously to procure a deployment contractor for the commercialization of the Atomic Vapor Laser Isotope Separation technology; and (2) authorize the University of California and Martin Marietta Energy Systems, Inc., to enter into cooperative research and development agreements with private sector entities to develop non-uranium enrichment applications of such technology. Requires the Secretary to award a contract for further design and engineering with respect to a standardized commercial nuclear power plant design that has been certified by the Nuclear Regulatory Commission. Sets forth contract selection criteria. Limits Federal funding for such project and requires 50 percent of the funding to be from non-Federal sources. Directs the Secretary to report to the Congress on plans for increasing the participation of historically black colleges in DOE Basic Energy Science programs. Requires the Secretary to establish a research, development, and production center at the Hanford Reservation in Richland, Washington, to be known as the Research Reactor User Complex (RRC). Authorizes the DOE and DOE contractors operating the RRC to enter into agreements with non-Federal entities to use the RRC for: (1) the production of industrial and medical isotopes or steam for use or sale; or (2) irradiation services to support research or commercial objectives. Limits such agreements to a period of 25 years. Requires DOE contractors operating the RRC to: (1) maintain and operate the Fast Flux Test Facility; (2) ensure that all experiments meet applicable safety requirements and criteria; and (3) provide support services to the non-Federal entities that have entered into such agreements. Establishes an RRC Fund in the Treasury. Directs the Secretary to study and report to the Congress on the appropriateness of cost sharing requirements for DOE fossil research and development projects. Requires the Secretary to submit an annual three-year budget estimate for DOE civilian research and development programs to the Congress. Sets forth restrictions on authorizations.
Bill· HRH.R. 2404 (102nd)open
United States · United States Congress · 20 May 1991
Environmental Research, Development, and Demonstration Authorization Act of 1991 - Authorizes appropriations to the Administrator of the Environmental Protection Agency (EPA) for FY 1992 through 1994 for specified environmental research, development, and demonstration activities and for program management and support of the Office of Research and Development. Prohibits the Administrator from using any funds appropriated in this Act for office closings or reductions in force unless a congressional notice and wait procedure has been complied with by the Administrator. Requires the Administrator to establish a separately identified core research program consisting of fundamental ecological, health, and risk reduction research to support efforts to identify, assess, and mitigate serious environmental risks. Directs the Administrator to establish a Research Strategy Council to oversee, review, and ensure adequate funding of the core research program. Requires the Science Advisory Board to review and make recommendations on core research program activities. Directs the Administrator to establish an Environmental Monitoring and Assessment Program to conduct comprehensive, long-term environmental monitoring, data collection, and data analysis to assess and respond to the current and long-term status and trends of the ecological resources of the United States. Requires the Administrator to coordinate Program activities with other Federal agencies and to make available to the public and the Congress statistical data summaries and interpretive reports on ecological status and trends developed as a result of the Program. Directs the Administrator to: (1) establish a modernization program to identify, acquire, and maintain modern buildings, facilities, supplies, and equipment needed to conduct high quality research; and (2) conduct studies and make assessments of the adequacy of the equipment and facilities to meet the needs of EPA and to attract well-qualified scientists, engineers, and other appropriate personnel. Repeals a required annual report from the Administrator of a five-year plan for environmental research, development, and demonstration. Requires the Science Advisory Board to submit annual reports to the Congress and the Administrator on the proposed research program described in the President's budget request for research, development, and demonstration activities of the EPA. Requires the Board to conduct periodic evaluations of selected areas of the current and planned activities. Requires concurrent submission to the Congress of any report required from the Board to the Administrator. Directs the Administrator to carry out a program of research and monitoring on regional, national, and global impacts of environmental pollution and perturbation on biological diversity. Authorizes the Administrator to: (1) lease facilities, buildings, and other property to promote the activities authorized under this Act; and (2) enter into cooperative agreements to conduct application reviews and use research funds for such cooperative agreements. Directs the Administrator to: (1) report biannually to the House Committee on Science, Space, and Technology and the Senate Committee on Environment and Public Works on the accomplishments of programs authorized under this Act; (2) develop and implement a research program to increase understanding of the health effects of exposure to electric and magnetic fields; and (3) carry out a program of environmental technology transfer and exchange of scientific information to make full use of EPA's research, development, and demonstration efforts. Requires the annual EPA appropriations request to distinguish funding requested for source reduction research and development and demonstration activities. Authorizes the Administrator to undertake multimedia source reduction projects. Authorizes appropriations. Requires the Administrator to: (1) identify at least ten research issues correlating to environmental hazards in the category of highest risk to human health and the environment and address such issues as part of an overall strategic planning process; and (2) outline research priorities on efforts aimed at eliminating or minimizing the generation of wastes or pollutants. Directs the Adminstrator to conduct research on methods for evaluating emerging products and techniques for detecting lead in paint films and dust. Requires the National Institute of Standards and Technology to develop protocols, criteria, and minimum performance standards to be used in such evaluation and to ensure reliable and effective lead detection technologies. Requires the Administrator to conduct research on: (1) the short-and long-term efficacy of lead abatement and management techniques for housing based on levels of lead in dust and in occupants' blood; and (2) the performance properties of products for encapsulating or stripping lead-based paint. Directs the National Institute of Standards and Technology to establish performance criteria and standards for encapsulants and strippers. Requires the Administrator to: (1) conduct a long-term research study to establish the sources of lead exposure for children with blood lead levels greater than ten micrograms per deciliter; and (2) sponsor public education and outreach efforts to increase awareness of lead poisoning from household sources and the need for abatement and management actions. Authorizes appropriations. Directs the Administrator to provide funds for establishing a voluntary accreditation program to the National Institute for Standards and Technology. Requires the National Institute for Standards and Technology to establish protocols, criteria, and performance standards and implement an accreditation program with respect to laboratory analysis of lead in paint films, soil, and dust. Directs the Administrator to establish a separately identified research program to improve EPA's capability to identify and assess risks to public health and ecosystems resulting from contamination of the environment.
Bill· HRH.R. 2380 (102nd)referred
United States · United States Congress · 17 May 1991
Amends the Solid Waste Disposal Act to authorize a State to enforce laws collecting fees in connection with the treatment and disposal within such State of solid waste generated in another State. Permits fees to be used only for recycling and waste management programs. Authorizes a State to enforce laws regulating the treatment and disposal of solid waste within the State. Exempts specified types of waste from regulation under this Act. Grants congressional approval to agreements or compacts entered into by two or more States for cooperative efforts and mutual assistance for solid waste management. Authorizes the Administrator to promulgate regulations exempting waste types or recycling practices from the authority granted to States under this Act if such action promotes the development of an interstate market for recyclable materials or is necessary to promote environmentally sound waste disposal practices.
Bill· SS. 1086 (102nd)referred
United States · United States Congress · 16 May 1991
Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to require the President to impose sanctions on States that have failed to enter into, or are in violation of, a contract that assures the availability of hazardous waste treatment or disposal facilities. Lists such sanctions as: (1) the withholding of payments out of the Hazardous Substance Superfund for remedial actions; and (2) withdrawal of authorizations of hazardous waste programs under the Solid Waste Disposal Act. Amends the Solid Waste Disposal Act to make a conforming amendment regarding the withdrawal of authorization for such programs. Authorizes States in compliance with hazardous waste capacity assurance plans under CERCLA to: (1) deny permits to hazardous waste treatment, storage, or disposal facilities if the capacity of such facilities is not needed; (2) place prohibitions or restrictions on the transportation into such States of hazardous waste generated in other States; and (3) impose fees on hazardous waste or hazardous waste transporters that differentiate rates of payment on the basis of waste origin.
Bill· SS. 1089 (102nd)referred
United States · United States Congress · 16 May 1991
Metropolitan Washington, District of Columbia, Waste Management Study Act - Prohibits the expansion of the I-95 Sanitary Landfill, Lorton, Virginia, on lands owned by the U.S. Government unless: (1) an environmental impact statement regarding such expansion has been completed and approved by the Administrator of the Environmental Protection Agency; and (2) the costs incurred in completing such statement are paid from the landfill's enterprise fund or pursuant to a payment formula based on jurisdictional usage of the landfill. Requires the Administrator to establish a Metropolitan Area Regional Waste Management Authority Task Force to study the feasibility and desirability of establishing a regional waste management authority for the Washington, D.C., metropolitan area. Authorizes appropriations. Directs the Administrator of General Services to conduct a study to determine the feasibility and desirability of establishing a centrally administered solid waste management program for all General Services or Department of Defense facilities in the Washington, D.C., metropolitan area. Requires the study to examine whether cost savings from current practices can be realized through the consolidation of Federal facility waste management programs in such area through the use of a General Services Administration unit for collection and disposal of waste and recovery of recyclable materials.
Bill· HRH.R. 2369 (102nd)referred
United States · United States Congress · 16 May 1991
Establishes the Flint Hills Prairie National Monument in Kansas to: (1) preserve a part of the tallgrass prairie; (2) protect the area's unique environmental features; and (3) interpret specified characteristics of such area. Requires the Secretary of the Interior to publish a management plan for such monument. Makes units of local government in which lands acquired for purposes of the monument are located eligible for payments in lieu of taxes. Establishes the Flint Hills National Monument Advisory Commission to advise: (1) the Secretary on the development of a management plan; and (2) on the management and operation of the monument. Authorizes appropriations.
Bill· SS. 1082 (102nd)open
United States · United States Congress · 15 May 1991
Hazardous and Additional Waste Export and Import Act of 1991 - Declares that the purpose of this Act is to implement the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. Amends the Solid Waste Disposal Act to make it unlawful to export from, or import into, the United States any hazardous or additional waste, except as provided by this Act. Excludes from the definition of "export" and "import" any: (1) transport for the purpose of disposal of hazardous or additional waste in compliance with a permit issued under the Marine Protection, Research, and Sanctuaries Act; (2) discharge of hazardous or additional waste subject to regulations under the Act to Prevent Pollution From Ships; and (3) any transboundary movement of hazardous or additional waste generated or managed exclusively by U.S. Government activities or facilities abroad or on board U.S. aircraft into an area under U.S. jurisdiction, provided that such waste is not unloaded before reaching an area under U.S. jurisdiction. Excludes from the provisions of this Act (except for prohibitions concerning the Antarctic Treaty Area): (1) specified waste exported or imported for recycling; (2) source, special nuclear, or byproduct material defined by the Atomic Energy Act of 1954 that is excluded from the definition of solid waste; (3) spent nuclear fuel; and (4) hazardous or additional waste that when mixed with such materials or fuel is subject, as a result of being radioactive, to other international control systems. Makes the prohibition inapplicable to exports or imports of hazardous or additional waste made pursuant to and in compliance with: (1) an existing bilateral or regional waste export or import agreement between the United States and the government of an exporting or importing country; (2) specified provisions of the Solid Waste Disposal Act governing the export of hazardous waste; and (3) a bilateral or regional waste export or import agreement entered into after the enactment of this Act if such agreement requires environmentally sound waste management and compliance with applicable Federal laws. Makes it unlawful to export or import hazardous or additional waste if the waste will not be managed in an environmentally sound manner and in accordance with laws of importing and transit countries and the United States, applicable State programs, and contract provisions. Requires exporters to provide notice of proposed exports to the President for forwarding to importing and transit countries. Provides that: (1) consent of such countries must be obtained prior to exporting; (2) waste generators must make efforts to, and document efforts to, minimize generation of such waste; and (3) a contract between the exporter and importer must exist prior to commencing the export. Requires exporters and generators, within 60 days of receiving information that a shipment of waste has not been delivered to the facility designated in the notification or managed as specified in the contract, to: (1) accept legal and financial responsibility for arranging for the acceptance of waste by an alternative facility and deliver the waste to such facility; (2) return the waste to the United States; or (3) notify the President that they decline to accept responsibility because such information is unreliable or invalid. Sets forth steps that the President may take upon receipt of such notice. Directs exporters to comply with financial responsibility requirements of the United States and of importing and transit countries. Authorizes general notification and consent procedures for multiple shipments of the same waste to the same disposer via the same customs offices. Requires importers, prior to importing hazardous or additional waste into the United States, to notify and obtain the consent of the President. Sets forth requirements for importers with respect to contracts, legal and financial responsibility, and general notification and consent procedures that are parallel to those for exporters. Authorizes the President to: (1) determine the procedures by which waste may be managed abroad or imported into the United States; and (2) exempt an individual shipment of waste by an executive branch agency from compliance if in the interest of the United States. Prohibits the importation of hazardous or additional waste into the United States for transit without the notification and consent of the President. Sets forth notification requirements. Authorizes the President to issue orders prohibiting the export or import of waste by a particular source, shipment, or class where there is reason to believe that: (1) the exported waste would not be managed in an environmentally sound manner; (2) the management of imported waste would be in violation of Federal laws or State programs; or (3) exports or imports may not be in accordance with contracts, bilateral agreements, or international obligations of the United States. Permits the issuance of emergency orders to prohibit the export or import of waste by a particular source, shipment, or class from or to a specific country for up to 45 days where: (1) the waste may present an imminent endangerment to health or the environment; or (2) the importing or exporting country requests emergency actions in support of enforcement efforts related to such waste. Authorizes the President to: (1) arrange for the disposition of wastes that are not delivered and to recover costs from liable exporters and generators; and (2) restrict waste exports or imports to designated U.S. ports. Makes it unlawful to export hazardous or additional waste for treatment, incineration, storage, disposal, or recycling to locations south of 60 degrees south latitude (the Antarctic Treaty Area). Sets forth annual reporting requirements for waste importers and exporters. Provides for the imposition of fees on such individuals. Prescribes civil penalties and authorizes civil actions in connection with specified violations of this Act. Provides for criminal penalties for certain knowing violations. Subjects property used in violation of this Act to forfeiture. Sets forth financial responsibility requirements with respect to the illegal exportation or importation of waste. Applies provisions of the Solid Waste Disposal Act governing the export of hazardous waste to additional waste. Amends the Marine Protection, Research, and Sanctuaries Act to prohibit dumping of material transported from outside the United States (except in compliance with a permit) into the Exclusive Economic Zone of the United States (currently, a zone contiguous to the U.S. territorial sea). Prohibits the issuance of permits for dumping in the Antarctic Treaty Area.
Bill· SS. 1081 (102nd)open
United States · United States Congress · 15 May 1991
Water Pollution Prevention and Control Act of 1991 - Amends the Federal Water Pollution Control Act to revise the authorized activities of the Administrator of the Environmental Protection Agency with respect to water pollution control and investigations. Establishes a National Water Quality Research Committee to advise the Administrator on research activities. Requires the Committee to report annually to the Congress on: (1) research conducted in the preceding year; (2) highest priority research needs for the following five-year period; (3) planned research activities; and (4) opportunities to coordinate Federal and State research. Directs the Administrator to conduct research and investigations of, and survey the results of other scientific studies on, the harmful effects of water pollutants on fish, shellfish, and wildlife. Authorizes appropriations for water pollution research and investigations. Earmarks specified amounts of such appropriations for a small flows clearinghouse and for the Committee. Requires the Administrator (currently, the Secretary of the department in which the Coast Guard is operating) to conduct research concerning solid waste disposal equipment for vessels. Directs the Administrator to conduct research into fresh water aquatic ecosystems and on the nature of river systems (currently, authorizes the Administrator to make grants to colleges and universities and River Studies Centers, respectively, for conducting such research). Removes a limitation on the maximum amounts of grants for river system research. Revises provisions concerning grants for research and development to require the Administrator to establish a program to demonstrate practices for the prevention and control of industrial and municipal sources of water pollution. Authorizes the Administrator to make grants or enter into contracts with persons to develop or demonstrate such practices. Sets forth conditions for the receipt of such assistance. Requires the Administrator to publish annual solicitations for proposals to demonstrate practices which may be effective in controlling sources of water pollution. Sets forth application and approval procedures. Limits the amount of Federal funding for projects. Authorizes appropriations. Authorizes appropriations for grants to States for water pollution control programs for FY 1991 and 1992. Sets forth minimum requirements for State water pollution control programs. Requires 75 percent of appropriations to be allotted to States on the basis of the water pollution problem in the respective States. Directs the Administrator to assure that the allocation of funds to a State in any fiscal year is not less than the amount allocated to such State in FY 1991. Makes 25 percent of appropriations available for grants to States for innovative programs for the control and prevention of water pollution which have application to other States. Requires States to contribute non-Federal funds to such grants. Authorizes States to reserve up to 20 percent of such grants to support: (1) costs of any interstate water pollution control agency; and (2) participation by substate regional agencies in water quality planning activities. Revises conditions for the receipt of grants and sets forth State reporting requirements. Revises provisions concerning training grants and contracts to require the Administrator to: (1) implement a national program to train persons in the operation of municipal and industrial wastewater treatment works and other facilities whose purpose is water quality control; (2) make grants to, or contracts with, institutions of higher education to support such programs; and (3) publish guidance on the minimum elements of such programs. Directs the Administrator to award training grants to at least ten institutions of higher education in each fiscal year. Provides for the triennial review of such programs. Directs the Administrator to implement a program to certify the proficiency of operators of publicly owned wastewater treatment works. Requires operators and other designated personnel to be certified as proficient by the Administrator. Directs the Administrator to publish: (1) guidelines on minimum standards for certification; and (2) a Treatment Works Operator's Manual. Provides for certification fees. Authorizes the delegation of the authority for a certification program to a State if the State is qualified to operate the program and will provide the Administrator with requested information. Permits the transfer of an individual's certification from one treatment works to another. Makes certifications valid for a five-year period. Permits recertification for an additional five years provided that the individual: (1) complies with in-service training and related education; and (2) has remained in the applicable position for four years of the five-year certification period. Prescribes civil penalties for violations of certification requirements. Requires institutions of higher education, in addition to other requirements for receiving scholarships for persons planning to enter occupations involving treatment works, to have participated in the treatment works training program and to assure representation of minorities and women in the scholarship program. Authorizes appropriations for FY 1991 and 1992 to carry out the operator training and scholarship programs. Reserves a specified amount of funds for the scholarship program. Authorizes the Administrator to make grants for training in technical matters related to pollution causes, prevention, and elimination. Requires (currently, authorizes) the Administrator to establish research fellowships and maintain a system for forecasting the supply of, and demand for, occupational categories needed for the prevention, reduction, and elimination of pollution. Revises provisions concerning effluent guidelines to require the Administrator to promulgate effluent guidelines applicable to point sources which discharge pollutants into navigable waters. Sets forth requirements for such regulations. Repeals a provision authorizing the modification of a timetable with respect to effluent limitations. Requires effluent guidelines to be reviewed and revised at least every seven years (currently, five years). Directs the Administrator to revise such guidelines on an earlier date if advances in pollution control technology or practices would achieve a significant reduction in the quantity of toxicity of pollutants discharged to navigable waters and such advances are technologically and economically achievable. Requires the Administrator to promulgate or revise standards of performance for new sources in a category whenever effluent guidelines for such category are promulgated or revised. Provides for the review and revision of such standards at least every seven years. Requires sources with pollutant discharge permits and sources introducing pollutants into publicly owned treatment works to pay fees to the Administrator to meet costs of developing effluent guidelines and new source performance standards. Bases the assessment of fees on the volume and toxicity of the discharge. Modifies or waives such fees for small businesses or for reasons of financial hardship. Modifies such fees for sources demonstrating new or innovative technology or allowing the Administrator such access as will facilitate the full development of the guideline or standard. Makes assessments and penalties available only for the development of effluent guidelines and new source performance and pretreatment standards. Makes applicants for permits to operate pursuant to an effluent guideline who have failed to pay applicable assessments liable for penalties. Revises provisions concerning the Effluent Standards and Water Quality Information Advisory Committee. Requires the Committee to: (1) advise the Administrator in the development of effluent standards, new source performance standards, categorical pretreatment standards, secondary treatment standards, and related information and guidelines; and (2) review effluent guideline plans. Directs the Administrator to: (1) publish biennial guidelines for States to follow in issuing contaminated finfish and shellfish consumption advisories to protect recreational and subsistence fishermen; and (2) provide technical assistance to States to support implementation of the guidelines and to educate the public on the risks of consumption of contaminated fish and shellfish. Requires the Administrator, in developing water quality criteria and information, to: (1) consider the factors necessary to restore and maintain the chemical, physical, and biological integrity of water bodies; (2) consider the factors necessary to assure the protection of public water supplies, provide for the protection and propagation of a balanced, indigenous population of fish, shellfish, and wildlife, and provide for recreation in and on the water; and (3) identify numerical pollutant concentration limits for varying types of receiving waters sufficient to assure attainment of all designated uses. Authorizes the Administrator to establish biological monitoring and assessment methods for pollutants. Requires the Administrator to publish biennially a list of conventional, nonconventional, and toxic pollutants. Directs the Administrator to submit a plan for the development of water quality criteria and information to the Congress on a triennial basis. Requires the first plan to provide for: (1) publication of criteria and information for at least 20 pollutants for which criteria and information are not currently available in each fiscal year; (2) revision of at least 20 existing criteria documents to address the needs of lakes and marine waters; and (3) publication of at least 20 criteria documents for pollutants in aquatic sediments. Directs the Administrator to publish: (1) at least 60 criteria documents within four years of this Act's enactment date; and (2) a criteria document for whole effluent toxicity. Requires States to designate uses for all water bodies for which uses have not been designated. Includes within the water bodies for which uses shall be designated rivers and streams, lakes, estuarine water bodies, and waters of the contiguous zone. Applies use designations to the waters and aquatic sediments of water bodies. Requires water bodies not currently designated to support the goal of fishable, swimmable waters to be designated by a specified deadline. Authorizes the Administrator to extend a designated use for a water body for three years based on a showing by a State that attainment and maintenance of fishable, swimmable waters: (1) is not feasible because naturally occurring pollutant concentrations prevent attainment of the use or human caused sources of pollution prevent attainment and would cause more environmental harm to correct than to leave in place; or (2) would result in substantial and widespread social and economic impacts. Requires States to adopt water and sediment quality standards adequate to protect designated uses. Sets forth standards requirements. Authorizes States to adopt biological monitoring and assessment methods for a class of pollutants affecting a water body. Directs a State to: (1) adopt standards for pollutants for which water quality criteria and information are published; (2) notify States which border on the waters of such State and States with water bodies located upstream from the State of changes in standards; and (3) report revisions or adoptions of uses or standards to the Administrator. Sets forth approval and review procedures for designations and standards. Requires the Administrator to promulgate uses or standards for States that fail to comply. Directs the Administrator to designate uses of waters of the contiguous zone and the ocean and to adopt standards for such waters for each pollutant for which criteria and information have been published. Provides for the biennial review of a State's water quality planning process. Prohibits the Administrator from making grants for water pollution control programs to States without approved planning processes. Deletes provisions concerning thermal discharges and heat standards. Requires States to implement antidegradation policies. Directs the Administrator to implement such policies for States without approved policies. Sets forth policy requirements. Requires States to implement programs to protect outstanding national resource waters. Directs the Administrator to designate such waters for States that fail to do so. Requires State antidegradation policies to assure that waters of ecological significance meet water and sediment quality standards. Directs States to conduct antidegradation reviews for water bodies: (1) prior to issuing permits to sources authorizing new or increased pollutant discharges to such water bodies; and (2) whenever existing sources increase the mass or concentration of discharges to such water bodies by more than de minimis amounts to assure that the antidegradation policy is not violated. Permits water quality standards to be exceeded in mixing zones. Requires States to establish a schedule (not to exceed five years) for the development of total maximum daily loads for pollutants for which criteria and information are published in water bodies in which designated uses or standards are not attained. Directs the Administrator or an authorized State, in the case of water bodies for which individual control strategies are developed, to: (1) provide that permits issued to point sources discharging to such waters include specified authorities; (2) issue permits for industrial and municipal discharges of stormwater to such waters; (3) prohibit the specification of an area as a disposal site and restrict the use of such area; (4) prohibit the discharge of sewage from vessels; (5) give priority to the selection of such waters for specified management conferences; and (6) prepare management programs for watershed areas of waters for States without approved assessment and/or management programs for an affected water body. Requires States to conduct and report biennially to the Administrator on programs to monitor the quality of navigable waters. Establishes a Water Quality Monitoring Council to assure the coordination of Federal and State water quality monitoring programs. Requires the Administrator to: (1) issue annual guidance for the coordinated implementation of such programs; and (2) submit a strategy for such implementation to the Congress. Authorizes appropriations. Permits the Administrator to prohibit the discharge of specified pollutants from point sources to protect public health or the environment. Directs the Administrator to publish regulations prohibiting the discharge of, and to establish bioaccumulation factors for, the following pollutants: (1) Aldrin/Dieldrin; (2) DDT; (3) Endrin; (4) Toxaphene; (5) Benzidine; (6) polychlorinated biphenyls; (7) 2,3,7,8, TCDD; and (8) mercury. Requires the Administrator to: (1) publish procedures for determining the bioaccumulation factor of toxic pollutants; and (2) publish regulations prohibiting the discharge of highly toxic and bioaccumulative pollutants. Exempts publicly owned treatment works from discharge prohibitions if compliance is technologically infeasible. Permits persons to petition for the prohibition of a pollutant discharge. Prohibits the Administrator from registering a pesticide pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act until the registrant submits sufficient information to assess the toxicity of the pesticide. Provides for: (1) the addition to, or removal from, such list of pollutants; and (2) the review and revision of such list at least every five years. Requires the Administrator to remove ammonia and chlorine from the list of nonconventional pollutants and to add them to the list of toxic pollutants. Revises provisions concerning pretreatment standards to require the Administrator to promulgate pretreatment standards and local limits for the introduction of toxic and nonconventional pollutants into treatment works. Sets forth requirements for such standards. Directs the Administrator to promulgate pretreatment standards for each category of sources for which effluent guidelines but no pretreatment standards have been promulgated, unless such sources will not introduce pollutants into publicly owned treatment works. Authorizes the Administrator to promulgate pretreatment standards for sources regardless of whether effluent guidelines have been promulgated. Provides for the review and revision of pretreatment standards at least every seven years. Requires compliance with such standards within three years of the date on which the standards are promulgated. Directs control authorities to establish local limits for the pretreatment of all toxic and nonconventional pollutants introduced into a publicly owned treatment works by industrial users. Requires limits to be established for industrial users not subject to a national pretreatment standard. Requires compliance by control authorities within five years of this Act's enactment date. Prohibits the issuance of permits to publicly owned treatment works after such deadline unless such permits include requirements to enforce local limits. Makes it unlawful to introduce pollutants that are hazardous wastes into treatment works. Revises State permit requirements for discharges from publicly owned treatment works. Authorizes civil actions to be brought for past violations of effluent standards or limitations. Grants district courts discretion to order civil penalties to be used for projects to enhance public health or the environment by restoring or improving water quality or wildlife or habitat damaged as a result of the violation. Prescribes civil and criminal penalties for violations of pretreatment requirements. Requires public notice to be provided with respect to noncomplying major dischargers. Authorizes the Administrator to withhold up to 25 percent of funds for water pollution control programs from a State unless the State has adequate authority to abate violations of specified permits and pretreatment requirements applicable to industrial users of publicly owned treatment works. Requires treatment works serving populations greater than 50,000 persons to submit Toxic Reduction Action Programs to the Administrator. Sets forth program requirements. Requires treatment works to give priority to sources violating water quality standards in implementing influent interdiction programs. Sets forth approval procedures. Provides that such programs shall be valid for five years and may be reviewed, revised, and resubmitted after such period. Requires the Administrator to adjust the amount of permit fees for treatment works to reflect the degree of pollutant reduction accomplished. Directs the Administrator to publish guidelines specifying elements of nonpoint pollution management programs. Withholds nonpoint source management grants and Federal highway assistance (with specified exceptions) from States without approved nonpoint source management programs. Extends the authorization of appropriations for such grants and for grants for protecting groundwater quality through FY 1993. Requires priority consideration to be given to watersheds of impaired water bodies in soil conservation programs of the Department of Agriculture. Makes watersheds of such water bodies eligible for enrollment in a specified agricultural water quality protection program. Authorizes the Secretary of Agriculture to acquire easements for cropland located within watersheds of impaired water bodies. Requires the Secretary to designate such watersheds as conservation priority areas. Directs the Administrator to issue regulations concerning the control of nonpoint sources of pollution on all lands managed or owned by the Federal Government. Prohibits the manufacturing and distribution for sale within the United States of any commercial fertilizer without taking precautions for protection of water quality. Sets forth requirements with respect to such fertilizers. Requires the Administrator to prepare an annual list and description of significant water resource areas. Authorizes persons to petition for the inclusion of a water body on such list. Revises provisions concerning rural nonpoint source pollution management. Requires the Administrator to establish management conferences to assess environmental quality in major river systems and develop management plans for such systems. Provides that management conferences shall be convened for periods of up to five years. Directs the Administrator to select river systems for inclusion in the program. Sets forth conditions for priority consideration for the program. Authorizes State Governors to nominate any system within a State as a river system of national significance and request a management conference for such system. Requires the Administrator to give priority consideration for inclusion in the system to the Hudson River, the Susquehanna River, the Delaware River, the Rio Grande, and the Columbia River. Sets forth minimum requirements of conservation and management plans required under such conferences. Authorizes the Administrator to implement: (1) a program of monitoring to determine the physical, biological, and chemical conditions of a river system; (2) a program of ecosystem assessment; and (3) a research program to identify the movement of pollutants through the river system and the impact of pollutants on water quality, the ecosystem, and uses of the waters. Permits the Administrator to make grants to support management conferences. Limits and places conditions on such grants. Prohibits the issuance of a permit unless the applicant demonstrates a need to discharge based on the maximum use of measures to eliminate the discharge or reduce the volume and toxicity of pollutants within the economic capability of the owner or operator. Provides that State permit programs shall insure that permits with remaining terms of three or more years are revised to incorporate new or revised effluent limitations or other standards promulgated after the issuance of such permits. Prohibits the issuance of new permits for new discharges into navigable waters to persons who own, lease, or operate two or more facilities that are not in compliance with permits. Requires new facilities to obtain discharge permits prior to the construction of such facilities. Authorizes the Administrator to deny permits for discharges into the territorial sea, the waters of the contiguous zone, the oceans, or waters not attaining water quality standards if such discharges can be expected to adversely affect the protection and propagation of a balanced, indigenous population of shellfish, fish, and wildlife and recreational activity in and on the water. Deems existing exemptions to limitations concerning biological discharge criteria to be invalid. Adds waters not attaining water quality standards to the list of waters for which the Administrator is required to promulgate guidelines to determine degradation and biological discharge criteria. Requires State permit programs to provide for the termination or modification of a permit if a State other than that in which the source is located provides notice that the permitted discharge is causing a substantial violation of a water quality requirement or adversely affecting public health. Directs the Administrator to take specified actions if a State does not accept the recommendations of the State whose waters are affected by the discharge. Requires States in which there are discharges of overflows from combined storm water and sanitary sewers into navigable waters to submit biennially to the Administrator an inventory of such discharges which shall: (1) identify the location of each discharge and the affected waterbody; (2) identify the entity responsible for the discharge; (3) identify the permit for the discharge; (4) identify the estimated volume and pollutant loading of the discharge over a one-year period; (5) assess the proportion of the volume of the combined discharge to the volume capacity of the appropriate treatment works over a specified time period; and (6) identify the nature and status of any existing programs to eliminate discharges. Directs such entities to submit to the Administrator a program and schedule for the elimination of such discharges. Outlines program requirements and procedures for approval and modification. Makes entities which fail to implement such programs subject to penalties. Directs the Administrator or an authorized State to modify or issue permits for discharges of combined sewers. Requires the Administrator to publish guidance describing best management practices and other measures for the elimination of combined storm water and sanitary sewer overflows. Authorizes the Administrator to make grants for the development of surveys of combined sewer overflows and for the development and implementation of overflow elimination plans. Sets forth grant approval and allocation procedures. Limits the Federal share of the cost of such programs. Provides for the establishment of a water pollution control revolving fund for States which implement a combined storm water and sanitary sewer elimination program. Requires the Administrator to publish information establishing the degree of percentage removal attainable through the application of secondary treatment where a treatment works receives flows from combined sanitary and storm water sewers. Requires States administering discharge permit programs to require owners or operators of point sources subject to permit requirements to pay annual fees to cover at least 60 percent of the costs of administering the point source elements of water quality programs. Sets forth provisions concerning the amount of fees. Requires the Administrator to collect fees if a State is not enforcing a fee program. Makes sources that fail to pay fees liable for payment of fees and penalties. Withholds 50 percent of pollution control assistance from a State that fails to comply with permit fee requirements. Prohibits the firing of, or discrimination against, any employee who refuses to perform duties that would constitute a violation of the Federal Water Pollution Control Act or would result in serious injury to the public. Requires the Administrator to assess the cost of construction of public facilities needed to accomplish the water quality goals of this Act. Increases the amount of sums to be reserved for waste treatment management plans, sewage treatment works, and nonpoint source programs for Indian tribes. Authorizes the Administrator to make grants for such assistance in amounts of up to 100 percent of the project cost. Requires the Administrator to report to the Congress biennially on the need for sewage treatment works to serve Indian tribes. Directs the Administrator to make grants to support the administration of water quality programs by Indian tribes treated as States. Permits the Administrator to make grants to Indian tribes to support development of authorities necessary for such treatment. Sets forth provisions concerning the allocations of such grants and limitations on the Federal share of the costs of such programs. Makes State water pollution control revolving loan funds available to Indian tribes for construction of publicly owned treatment works. Directs the Administrator to issue permits for discharges to navigable waters on Federal Indian reservations unless the Indian tribe has been delegated authority to issue permits. Requires persons with discharge permits who are required to file annual toxic chemical release forms under the Superfund Amendments and Reauthorization Act of 1986 to conduct environmental audits to establish and improve compliance with permit requirements. Provides that environmental audits shall be conducted by persons certified under this Act. Directs the Administrator to establish requirements concerning such audits and to notify facilities required to prepare audits. Requires the Administrator, in notifying such facilities, to give priority to facilities at which: (1) there is a history of noncompliance with permits; (2) discharges contribute to violations of water quality standards; (3) discharges are of significant volume or toxicity; and (4) there are discharges to several environmental media. Directs the Administrator to publish guidance concerning methods for the design and implementation of environmental monitoring and audits. Prescribes civil or criminal penalties for audit violations. Sets forth provisions concerning the confidentiality of information obtained from facilities subject to audit requirements. Prescribes civil penalties for the disclosure of protected information. Lists information not entitled to protection. Requires the Administrator to develop: (1) programs for the training and certification of individuals conducting audits; and (2) a general manual of methods for environmental monitoring, compliance assessment, and environmental auditing. Limits certifications to a period of ten years. Permits the Administrator to collect fees for training and certification programs. Requires the Administrator to provide for oversight and evaluation of audits and for random tests of the accuracy of data and analyses conducted by organizations certified to conduct audits. Provides for revocations of certifications, or permanent barring, of organizations with repeated audit inaccuracies. Requires the modification of permits based on measures recommended in audits. Directs the Administrator to: (1) negotiate with representatives of the Government of Mexico to establish a program to prevent pollution and to monitor and improve water quality in the U.S.-Mexican border region; (2) determine which water bodies in the region are not in compliance with designated uses; (3) determine the sources of pollutants causing impairment of such water bodies and the amounts of pollutants discharged; and (4) assess the need for sewage treatment works to serve such region and the degree to which such needs will be met through certain funds allotted to States. Extends the general authorization of appropriations for the Federal Water Pollution Control Act through FY 1998. Establishes a Clean Water Fund to support the implementation of specified water pollution control programs. Sets forth Fund allotment requirements. Authorizes appropriations. Authorizes appropriations through FY 1992 (currently, FY 1996 and FY 1995, respectively) for implementation of the Long Island Sound Comprehensive Conservation and Management Plan and the Lake Champlain Management Conference. Revises a condition on the use of a State water pollution control revolving fund to make loans to provide that the costs of administering the fund shall not exceed four percent of all capitalization grants (currently, all grant awards to the fund). Permits capitalization grants to American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, the Trust Territory of Palau (or its successor entity), the Virgin Islands, and the District of Columbia to be used for grants for the construction of treatment works. Continues the allotment of funds under the current formula through FY 1996. Requires the Administrator to: (1) reserve a specified percentage of funds for incentive capitalization grants; and (2) make such grants to any State which, after FY 1992, deposits moneys in an amount equal to that deposited in FY 1991 in a water pollution control revolving fund. Directs States to deposit awards in such funds. Adds to the list of conditions under which water pollution control revolving funds may make loans that loans for publicly owned treatment works utilizing innovative treatment processes may be made at or below market interest rates at terms not to exceed 40 years. Prohibits more than five percent of the capitalized value of a fund from being used to provide such assistance. Sets forth provisions concerning the use of unobligated funds. Revises repayment requirements for loans made from State revolving funds to require annual principal and interest payments to commence within three (currently, one) years after completion of a project. Permits such loans to be made to reduce the principal of debt obligations by at least 85 percent where such obligations were incurred after May 15, 1991, and where the State has determined that the municipality, intermunicipality, or interstate agency would not be able to afford to undertake a project with assistance. Requires value engineering reviews to be conducted for any treatment works construction projected in excess of $20,000,000 (currently, $10,000,000).
Bill· SS. 1083 (102nd)referred
United States · United States Congress · 15 May 1991
Act to Extend Public Law 100-582 - Amends the Solid Waste Disposal Act to provide that the medical waste tracking program shall expire 48 months (currently, 24 months) after the effective date of certain regulations. Extends: (1) the deadline for a report to the Congress on such program to September 22, 1991; and (2) the authorization of appropriations for such program through FY 1993. Sets forth administrative provisions concerning final regulations.
Bill· HRH.R. 2358 (102nd)open
United States · United States Congress · 15 May 1991
Waste Export Control Act - Amends the Solid Waste Disposal Act to incorporate requirements for the export of solid waste. Exempts from this Act's requirements waste paper, glass cullet, metal, or plastic that: (1) has been separated from solid waste before export; (2) is exported for incorporation into new products with recycled content; and (3) is not a hazardous waste under the Solid Waste Disposal Act. Authorizes persons to apply to the Administrator of the Environmental Protection Agency for the exemption of other recovered materials. Requires persons exporting exempted materials to notify the Administrator prior to such exporting. Prohibits the export of solid waste from the United States unless there is an agreement between the United States and the receiving country which provides for: (1) the exchange of information regarding such export and its management; (2) cooperation on compliance with, and enforcement of, such agreement; (3) biennial review and revision or suspension of such agreement under certain circumstances; and (4) a prohibition on further transport of such waste from the country of destination without the written consent of parties to the agreement. Deems any agreement concerning shipments of hazardous waste entered into by the United States and in force on this Act's enactment date to meet this Act's requirements for two years following such enactment date. Prohibits the export of solid waste from the United States unless the exporter has obtained a permit from the Administrator. Outlines information to be included in the permit application. Requires the Director of the National Enforcement Investigations Center to submit an investigative report on each applicant to the Administrator. Provides that permittees shall have the continuing duty to provide assistance or information requested by the Administrator or the Center and to cooperate in any inquiry conducted by the Center. Directs the Administrator, before issuing a permit under this Act, to determine that the solid waste will be managed in a manner protective of human health and the environment and which is no less strict than that which would be required if the waste were managed in the United States. Provides that such determination shall assure that certain facility operation and transportation requirements are met. Limits permit terms to a period of five years. Directs the Administrator to report annually to the Congress on all solid waste exports. Prohibits the issuance of any permit unless the Administrator determines that: (1) the waste generator has used reasonable efforts to eliminate or minimize waste generation prior to export; (2) the receiving facility is capable of treating, storing, and disposing of such waste in a manner protective of human health and the environment and no less strict than that which would be required if the waste were managed in the United States; and (3) the application meets the requirements of this Act. Directs the Administrator to make inspections of any permittee and of any facility handling waste subject to a permit, as necessary. Authorizes the Administrator to revoke a permit under specified circumstances. Directs the Administrator to establish a user fee to defray the cost of administering this Act. Requires such fee system to consist of a one-time permit application fee and a waste export permit fee to be paid over the life of the permit. Prescribes civil and criminal penalties for violations of this Act.
Bill· HRH.R. 2356 (102nd)open
United States · United States Congress · 15 May 1991
Waste Isolation Pilot Plant Land Withdrawal Act of 1991 - States as the purpose of the Waste Isolation Pilot Plant (WIPP) (a Department of Energy (DOE) research and development facility authorized to demonstrate the safe disposal of radioactive waste) to receive, handle, and permanently dispose of defense transuranic waste and to conduct activities related to the management, storage, and disposal of such waste, subject to specified restrictions. Applies this Act with respect to any items in conflict with the Agreement for Consultation and Cooperation entered into in accordance with this Act. Withdraws from all forms of entry, appropriation, and disposal under the public land laws and from location and patent under the mining laws the public lands in Eddy County, New Mexico, which surround WIPP and transfers jurisdiction and control of the withdrawn lands to DOE. Describes the lands to be withdrawn. Revokes specified public land orders made inconsistent by this Act. Makes the Secretary of Energy responsible for management of the withdrawn lands. Requires the Secretary to develop a management plan for the withdrawn lands requiring any use of such lands for activities not associated with WIPP to be subject to conditions and restrictions that may be necessary to permit the conduct of WIPP activities. Requires the management plan to permit domestic livestock grazing, hunting and trapping, maintenance of wildlife habitat, the disposal of salt tailings remaining on the surface, and mining, subject to prescribed guidelines. Authorizes the Secretary to close to the public any part of such withdrawn lands if required for public health and safety. Directs the Secretary to submit the management plan to appropriate congressional committees and the State of New Mexico. Provides for ongoing review by the WIPP Environmental Evaluation Group (EEG) and New Mexico of the data, reports, and other material concerning the implementation of the WIPP experimental program plan issued on April 1, 1990. Requires New Mexico and EEG to submit their comments on such materials to appropriate congressional committees and specified agencies and officials. Requires the Secretary to report to the Congress on such program not later than two years after the program is implemented. Requires the Secretary, with respect to the WIPP, to be in compliance with appropriate Environmental Protection Agency (EPA) standards of waste management and storage, as well as with transuranic radioactive waste disposal standards. Directs the Secretary and the EPA Administrator to submit to the Congress a statement of compliance prior to the permanent disposal of such waste at WIPP. Requires the Secretary to conduct an annual demonstration at WIPP that all transuranic radioactive waste stored there can be readily retrieved. Outlines administrative procedures with respect to such annual demonstrations. Outlines procedures to be followed if it is found that such waste is not readily retrievable. Limits the amount of such waste to be received by WIPP before it has demonstrated compliance with disposal standards. Provides that, if the EPA Administrator finds that such standards have not been complied with, the Secretary shall notify the Congress and shall remove such waste, WIPP shall be decommissioned, the land withdrawal shall be terminated, and the lands transferred back to the Secretary of the Interior. Authorizes additional time for compliance (not to exceed 12 months) as agreed to by the Governor of New Mexico and the Secretary of Energy. Requires the Secretary to use both engineered and natural barriers at WIPP to isolate transuranic radioactive waste after disposal to the extent required. Directs the EPA Administrator to issue final standards for disposal of radioactive wastes within two years after the enactment of this Act. Authorizes appropriations. Prohibits the transport of transuranic radioactive waste to WIPP until the Secretary has approved a Final Safety Analysis Report and an addendum to such report relating to dry bin tests for WIPP. Authorizes appropriations to the Secretary to provide in-kind and cash assistance for emergency response-related activities to New Mexico and any other State or Indian tribe through whose jurisdiction the Secretary plans to transport transuranic radioactive waste to or from WIPP. Requires such waste transported to be in packages that have been certified by the Nuclear Regulatory Commission. Directs the Secretary, prior to any such transportation, to properly notify State and local governments and Indian tribes. Provides certain priorities in shipping for such waste currently stored at specified sites. Requires the Secretary to continue to encourage WIPP-related business and employment opportunities within the State of New Mexico. Provides for payments to New Mexico to mitigate the impacts on the State and local governments resulting from WIPP. Authorizes appropriations. Directs the Secretary to submit to New Mexico, the Secretary of the Interior, the EPA Administrator, and appropriate congressional committees within five years after enactment of this Act a plan for decommissioning WIPP. Directs the Secretary to develop within such period a plan for the management and use of the withdrawn lands following the WIPP decommissioning. Authorizes the Secretary to permanently dispose of transuranic radioactive waste at WIPP when certain requirements of this Act have been fulfilled and the EPA Administrator concurs that the Secretary has complied with disposal standards.
Resolution· HRESH.Res. 153 (102nd)referred
United States · United States Congress · 15 May 1991
Expresses the sense of the House of Representatives that the National Institutes for the Environment should be established to: (1) provide a coordinated, nationwide program for establishing comprehensive environmental research priorities; and (2) support competitively awarded environmental research and training aimed at preventing and solving environmental problems.
Bill· SS. 1074 (102nd)reported
United States · United States Congress · 14 May 1991
Safety of Pesticides in Food Act of 1991 - Amends the Federal Food, Drug, and Cosmetic Act to exclude pesticide chemicals from the definition of "food additive." (Current law excludes from that definition a pesticide chemical: (1) in or on a raw agricultural commodity; or (2) used in the production, storage, or transportation of a raw agricultural commodity.) Modifies the circumstances in which the presence of a pesticide chemical residue renders a food adulterated. Replaces provisions relating to tolerances for pesticide chemicals in or on raw agricultural commodities with provisions relating to tolerances and exemptions for pesticide chemical residues. Deems a pesticide chemical residue unsafe, unless it is within established tolerances or an exemption is in effect. Allows a tolerance only if the risk to human health from dietary exposure to the residue is negligible. Sets forth criteria for determining whether the risk is negligible. Requires, in determining dietary exposure, consideration of all other sources (including drinking water) of dietary exposure occurring over a lifetime. Sets forth a special exposure rule allowing, in certain circumstances, calculation of exposure based on the percentage of the food in which the residue actually occurs. Requires, if a tolerance or exemption is revoked and the residue will unavoidably persist in the environment and contaminate food, that a new tolerance be established at the lowest level that permits only the unavoidable levels to remain in the food. Allows establishment, modification, or revocation of a tolerance or establishment or revocation of an exemption from a tolerance in response to a petition or on the initiative of the Administrator of the Environmental Protection Agency. Defines, for certain provisions of this Act, modification of a tolerance to mean lowering. Allows an exemption if the residue is not a human or animal carcinogen and otherwise presents no risk to human health from dietary exposure. Requires, in determining dietary exposure, consideration of all other sources of dietary exposure occurring over a lifetime. Conditions establishment and continuation of a tolerance or exemption on the existence of a practical method of residue detection that can be performed by the Secretary of Health and Human Services on a routine basis as part of surveillance and compliance sampling for residues. Allows any person to petition the Administrator for the establishment, modification, or revocation of a tolerance or exemption. Sets forth required contents of a petition to establish a tolerance or exemption and procedures and timetables for processing the petition. Provides for revocation or modification of existing tolerances and exemptions. Regulates the confidentiality of and access to data submitted in support of a petition. Provides for the treatment of pesticide chemicals which were, before this Act, generally recognized (by the Administrator or others) as safe. Directs the Secretary to conduct surveillance and compliance sampling of food for pesticide chemical residues, charging fees sufficient to provide, equip, and maintain an adequate service. Allows continuation of a tolerance or exemption to be conditioned on payment of an annual fee. Requires the Administrator to evaluate each existing tolerance or exemption and: (1) if there is sufficient data to conclude that the residue does not meet the standards of this Act, change or revoke the tolerance; or (2) if there is insufficient data to determine whether the standards are met, require the submission of data. Sets forth deadlines by which the Administrator is required to have made a determination on a specified percentages of tolerances or exemptions in effect on enactment of this Act. Requires the Administrator to determine, for each method of detecting and measuring levels of residues, whether the method meets certain requirements of this Act. Requires revision of any method which does not meet the requirements. Revokes any tolerance or exemption based on a method which, after three years, does not meet the requirements. Mandates fees sufficient to provide, equip, and maintain adequate service with regard to the review of existing tolerances and exemptions and the review of methods of detecting and measuring levels of residues.
Bill· SS. 1066 (102nd)open
United States · United States Congress · 14 May 1991
Department of Defense Authorization Act, 1992-1993 - Title I: Procurement Authorization of Appropriations - Authorizes appropriations for FY 1992 and 1993 to the Army, Navy and Marine Corps, and Air Force for aircraft, missiles, weapons and tracked combat vehicles, ammunition, shipbuilding and conversion, and for other procurement. Authorizes appropriations for: (1) FY 1992 and 1993 for procurement for the defense agencies; (2) FY 1992 for procurement for the Defense Inspector General; and (3) FY 1992 and 1993 for the chemical demilitarization program (the destruction of lethal chemical weapons). Title II: Research, Development, Test, and Evaluation - Authorizes appropriations for FY 1992 and 1993 for research, development, test, and evaluation (R&D) for the armed forces and the defense agencies. Title III: Operation and Maintenance Authorization of Appropriations - Authorizes appropriations for FY 1992 and 1993 for operation and maintenance for the Army, the Navy, the Marine Corps, the Air Force, the defense agencies, the reserves, the National Guard, the National Board for the Promotion of Rifle Practice, the Defense Inspector General, drug interdiction and counter-drug activities, defense, the Court of Military Appeals, environmental restoration, and for humanitarian assistance. Authorizes appropriations for FY 1992 and 1993 for working capital funds for the armed forces and the defense agencies. Title IV: Military Personnel Authorizations for Fiscal Years 1992 and 1993 - Part A: Active Forces - Authorizes end strengths for active-duty forces for FY 1992 and 1993. Part B: Reserve Forces - Authorizes end strengths for reserve components of the armed forces for FY 1992 and 1993. Authorizes the Secretary of Defense to vary such end strengths in a limited amount. Authorizes end strength reductions for the Selected Reserve for each such fiscal year, as prescribed. Authorizes increases for each such fiscal year in the number of certain personnel authorized to be on active duty in support of the reserve forces. Part C: Military Training Student Loads - Authorizes the average military training student loads for FY 1992 and 1993. Provides for the adjustment of such student loads consistent with manpower strengths as authorized under this Act. Title V: General Provisions - Repeals: (1) a Federal provision requiring a separate budget request for reserve and National Guard procurement in each annual defense budget submitted to the Congress; (2) the current limitation on the number of military and civilian personnel assigned to headquarters and non-management headquarters and support activities within the Department of Defense (DOD); and (3) a requirement for the authorization of civilian DOD personnel by end strength. Revises the submission date of a report required under the National Defense Authorization Act for Fiscal Years 1990 and 1991 concerning annual defense outlays. Directs the Secretary of Defense to establish in DOD a Defense Business Operations Fund to finance operations within or among DOD departments and agencies, including: (1) the financing and furnishing of inventories and supplies; and (2) the performance of industrial, commercial, and support activities. Establishes such Fund in the Treasury and provides for debits, credits, and authorized Fund uses. Provides transition provisions for defense working capital funds affected by the creation of the Fund. Establishes in the Treasury the Lease Replacement Fund, Defense (Lease Fund), to be available for the rehabilitation, construction, and renovation of property and facilities owned by DOD which are determined to be suitable, available, or needed for utilization as replacement facilities for facilities being leased by or on behalf of DOD. Authorizes the transfer of appropriations for funding the Lease Fund. Authorizes appropriations for FY 1992 and 1993. Repeals a provision of the National Defense Authorization Act for Fiscal Year 1991 which provides funding for the Navy for the V-22 aircraft program. Repeals a Federal provision requiring the Secretary to establish guidelines for reducing the number of civilian DOD employees employed by industrial- or commercial-type activities. Provides for the determination of the amount of the variable housing allowance to be paid to members and former members of the reserves. Authorizes the provision of special pay to health care officers who: (1) are reserves on active duty other than for training for at least 31 days but less than one year; (2) are involuntarily retained on active duty for at least 31 days; or (3) voluntarily agree to remain on active duty for less than one year while other officers are involuntarily retained on active duty or in cases of other special circumstances as determined by the Secretary. Provides that, in the case of retired officers ordered to active duty who serve on such active duty in a grade higher than their retired grade, such officers shall be advanced on the retired list upon release from such active duty to the highest grade satisfactorily served. States that if such retired list grade is higher than their original retired grade, such service must be for a minimum of three years of total active service. Allows the President to waive such three-year requirement in individual cases. Amends the National Defense Authorization Act for Fiscal Year 1991 to allow the number of certain intelligence personnel to be adjusted in accordance with certain actions taken by the Secretary of Defense and the Director of Central Intelligence with respect to the revision of priorities and the consolidation of functions. Extends through FY 1993: (1) the period during which an aviation career officer may sign an agreement for an extension of duty, thereby allowing such officer to receive special pay for such extension; and (2) the provision of special pay to enlisted members of the Selected Reserve assigned to certain high-priority units. Extends through FY 1995: (1) a provision which repealed a provision of the Department of Defense Authorization Act, 1984 which disallowed certain service to be considered for purposes of mandatory retirement under the retired reserve; (2) the original appointment period as a reserve medical officer for purposes of grade determination; (3) the promotion authority for certain reserve officers serving on active duty; (4) the initial appointment period for certain health professionals of the Selected Reserve to qualify for education loans through the Secretary of Defense; and (5) the enlistment and reenlistment bonus authority for members of the reserves. Repeals a Federal provision authorizing the temporary promotions of certain Navy lieutenants through FY 1992. Extends through FY 1994: (1) the period during which a registered nurse may sign an agreement for service in such capacity as a commissioned officer, thereby receiving an accession bonus; (2) the period during which a person may sign an agreement as a candidate under the nurse officer candidate accession bonus program; and (3) the provision of special pay for nurse anesthetists serving in a military capacity. Extends through FY 1997 the enlistment and reenlistment bonus authority for active-duty personnel. Authorizes the Secretaries of the military departments concerned to assign such powers, functions, and duties as considered appropriate to the General Counsels of such departments. Authorizes such General Counsels to temporarily perform the duties of the Secretaries of such military departments. Identifies the General Counsels as the chief legal officers of such departments. Establishes the pay grade for General Counsels at Level IV of the Executive Schedule. Establishes within DOD the position of Deputy Under Secretary of Defense for Policy to act for, and exercise the powers of, the Under Secretary of Defense for Policy when the Under Secretary is absent or disabled. Establishes the pay grade for the Deputy Under Secretary at Level IV of the Executive Schedule.
Bill· SS. 1070 (102nd)referred
United States · United States Congress · 14 May 1991
Coastal Protection Act of 1991 - States that it is U.S. policy to restore and protect the integrity of the marine environment so that the values of such environment are not impaired by pollution. Title I: Marine Monitoring Programs - Amends the Marine Protection, Research, and Sanctuaries Act to direct the Administrator of the Environmental Protection Agency (EPA) to implement a program to measure the environmental quality of marine ecosystems. Requires the program to be located at the Environmental Research Laboratory, Narragansett, Rhode Island. Directs the Administrator to establish: (1) a program for identifying indicators of marine ecosystem quality; and (2) a system for designing and reviewing methods for monitoring marine ecosystems. Requires the Administrator to submit to the Congress a Comprehensive Implementation Strategy identifying activities to implement a comprehensive marine ecosystem monitoring program. Directs the Administrator to enter into memoranda of understanding with appropriate Federal agencies to coordinate Federal marine monitoring programs. Requires the Administrator to report annually to the Congress on the condition of the nation's marine ecosystems. Directs the Administrator to establish: (1) a Marine Environment Information Program to compile and disseminate information on issues related to the marine environment; and (2) a program of research and monitoring to determine the effects of atmospheric pollutants on degradation of the marine environment. Authorizes appropriations. Title II: Coastal Water Quality Protection Programs - Amends the Federal Water Pollution Control Act to direct the Administrator to submit to the Congress a Coastal Environment Toxics Release Strategy. Requires the Administrator to prepare an annual assessment of the industrial categories discharging pollutants required to be reported pursuant to the Superfund Amendments and Reauthorization Act of 1986 into coastal waters and into publicly owned treatment works which discharge into such waters. Provides that the assessment shall identify: (1) categories which discharge the greatest amounts of pollutants; and (2) geographical areas receiving the greatest amount of pollutant discharges. Directs the Administrator to use the assessment to: (1) verify permit information; (2) improve individual control strategies for toxic pollutants; (3) identify other regulatory programs and adopt measures to assure that toxics data is incorporated into those programs; (4) identify pollutants for which water quality criteria have not been published; and (5) target compliance and enforcement actions. Extends the authorization of appropriations for the National Estuary Program. Adds Casco Bay, Maine, and Tampa Bay and Lower St. Johns River, Florida, to the list of areas to be given priority consideration for management conferences under the National Estuary Program. Prohibits the Administrator from convening a management conference for any estuary which is not designated as a priority marine water body under this Act. Authorizes (currently, requires) the Administrator to carry out specified environmental monitoring and research programs in estuaries. Directs the Administrator to designate all marine water bodies which do not assure the protection and propagation of a balanced, indigenous population of shellfish, fish, and wildlife and allow for recreational activities in and on the water. Requires the Administrator, in the designation of such water bodies, to give priority to water bodies which: (1) function as ecological systems; and (2) exhibit a range of degradation problems and are degraded by various pollution sources. Sets forth specific requirements for such water bodies with respect to point source discharges, permits for discharges of storm water, restrictions on disposal sites and discharges of sewage from vessels, pretreatment of industrial wastes, and management programs for watersheds. Requires publicly owned treatment works which serve industrial users and discharge to a designated water body to establish or revise a pretreatment program to include requirements for: (1) permits for industrial discharges into the treatment works; (2) local limits to control the discharge of toxic pollutants into the treatment works; (3) random sampling and inspection of industrial users; (4) development of enforcement response plans; (5) notification by industrial users of any discharge into the treatment works of a waste listed under the Resource Conservation and Recovery Act; and (6) notification by industrial users in advance of changes in the volume or character of pollutants in their discharge. Directs the Administrator to: (1) develop and test guidelines for publicly owned treatment works to reduce and control the sources of toxic pollutants found in waste waters; and (2) establish a data base of such sources. Requires local governments to provide State certifications to the Federal Emergency Management Agency (FEMA) to show that requirements for construction in the 100-year marine flood plain are adequate to assure that such construction will not violate State water quality standards. Directs FEMA to suspend any community failing to provide such certification from the flood insurance program. Requires the Administrator to establish a national program of outreach information and technical assistance for owners of marine land. Directs the Administrator to provide such owners with specified information concerning land management and environmental protection. Authorizes the delegation of the operation of such programs to States. Requires the Administrator to provide technical assistance to the Secretary of Agriculture to reduce agricultural and related sources of nonpoint source pollution to coastal waters. Directs the Administrator to: (1) identify those lands which, if enrolled in the Conservation Reserve Program, would contribute to protection of the coastal environment by reducing nonpoint source pollution; and (2) furnish the list of such lands to the Secretary to assist the Secretary in establishing priorities for expenditures under the Conservation Reserve Program. Requires the Administrator to prohibit the discharge from a vessel of sewage into any designated water body. Directs the Administrator to: (1) study the availability of adequate facilities for the safe and sanitary removal and treatment of sewage from vessels operating on coastal waters; and (2) report and make recommendations to the Congress on such study to assure that such facilities are reasonably available. Requires the Administrator to submit to specified congressional committees a five-year plan and schedule for the development, review, and revision of criteria for pollutants found in marine waters and sediment. Provides that the plan shall: (1) give priority to pollutants which pose the greatest threat to the marine environment; and (2) provide for biological toxicity criteria for marine waters and sediments. Permits persons to petition the Administrator to develop such criteria. Requires the Administrator to approve a petition if the pollutant is preventing the attainment of a balanced, indigenous population of fish, shellfish, and wildlife or preventing recreation in and on marine waters. Provides for the revision of such criteria, as necessary. Directs each State bordering on marine waters to promulgate numerical marine water and sediment quality standards for pollutants for which criteria have been published under the Federal Water Pollution Control Act. Requires such standards to assure the protection and propagation of a balanced, indigenous population of shellfish, fish, and wildlife and provide for recreational activities in and on the water. Directs the Administrator to establish standards for States which fail to do so and for areas of the marine environment not under State control. Provides that State standards shall take precedence over Federal standards, unless the Federal standard is more stringent or protective of human health and the environment. Authorizes State Governors to petition the Administrator for less stringent standards if proven that such standards will assure an equal degree of protection of human health and the environment and are appropriate because of significant differences in the biological, physical, and chemical characteristics of the waters in question and U.S. marine waters and sediments. Prohibits the issuance of permits for discharges into the territorial sea, the waters of the contiguous zone, or the oceans if the Administrator determines that a discharge is expected to: (1) prevent the protection and propagation of a balanced, indigenous population of fish and wildlife and recreational activities in and on the water; or (2) prevent the attainment of standards established pursuant to this Act. Authorizes the Administrator to apply specified ocean discharge criteria in considering permit requests for discharges in estuarine waters. Deems regulations creating exemptions to ocean discharge requirements to be invalid. Requires the Administrator, in assessing the effects of a proposed discharge to marine waters, to consider an applicant's demonstration of the need to discharge based on a showing of measures to eliminate or minimize the discharge. Directs the Administrator to publish guidance describing pollution prevention methods and the EPA's expectations with regard to such demonstrations. Extends the authorization of appropriations for the Chesapeake Bay Program. Title III: Marine Sediment Contamination - National Sediment Contamination Survey Act of 1990 - Amends the Federal Water Pollution Control Act to require the Administrator to: (1) conduct a survey of, and report to the Congress on, sediment contamination in U.S. coastal waters; and (2) compile information on the quantity, chemical and physical makeup, and geographic location of contaminated sediments, the source of contamination, and the environmental and human health effects of contamination. Amends the Marine Protection, Research, and Sanctuaries Act to prohibit the issuance of permits or dumping authorizations for dumping material which contains contaminants in excess of water or sediment quality standards or criteria adopted pursuant to the Federal Water Pollution Control Act. Provides for special permits (currently, waivers of requirements) for the disposition of dredged material which would result in noncompliance with dumping criteria or restrictions. Requires the Administrator (currently, authorizes) to designate sites or times for ocean dumping. Directs the Administrator to develop and implement site management plans for designated ocean dumping sites. Prohibits the designation of, and the issuance of permits or dumping authorizations for, a site unless a site management plan has been developed. Provides for public comment on, and periodic review of, site designation actions and management plans. Revises general permit provisions for ocean dumping. Limits such permits to a period of three years. Expands the scope of penalties for ocean dumping violations. Title IV: Other Provisions - Directs the Administrator to: (1) conduct research and monitoring to identify unregulated pollutants in the estuarine zone, coastal waters, and the Great Lakes not currently addressed in requirements of the Federal Water Pollution Control Act; and (2) report to the Congress on such pollutants and provide a plan for integrating these contaminants into the pollution control authorities of such Act. Provides for studies and reports on pollution in coastal waters. Requires the Administrator to: (1) study the activities of Federal agencies that may result in degradation of coastal waters; and (2) report to the Congress on the study and recommendations to reduce such degradation. Directs Federal agencies to minimize degradation of coastal waters and preserve the natural values served by such waters in carrying out responsibilities. Requires the Administrator of the National Oceanic and Atmospheric Administration to study and report to specified congressional committees on the nature of the relationship between contact with marine pollutants and shellfish consumption with the incidence of human illnesses. Directs the Administrator of the National Oceanic and Atmospheric Administration to study and report to the Congress on: (1) the economic impacts caused by marine degradation; and (2) the impact that enhanced nitrogen levels in the marine environment may have on stimulating toxic algal blooms. Requires the EPA Administrator to report on the potential use of microorganisms to degrade pollutants such as organic material or chemical pollutants in municipal or industrial wastes both before and after disposal in the marine environment and the Great Lakes.
Bill· SS. 1069 (102nd)referred
United States · United States Congress · 14 May 1991
Lakes Assessment and Protection Act of 1991 - Amends the Federal Water Pollution Control Act to require the Administrator of the Environmental Protection Agency to conduct a comprehensive research program concerning the nation's lakes. Directs the Administrator to appoint a Lake Research Advisory Committee. Requires States to designate the use of each publicly-owned lake consistent with the following uses: (1) public drinking water supply; (2) swimming and related body contact recreation; and (3) resource protection. Directs the Administrator to: (1) publish water quality criteria for specified pollutants in lakes; and (2) publish guidance to assist States in the adoption of lake water quality standards for contaminants for which criteria documents have been published. Requires States to establish for publicly-owned lakes numerical standards for water quality parameters to assure the attainment and maintenance of designated uses. Directs the Administrator to establish standards for States that fail to do so. Repeals specified requirements of the State clean lakes program. Authorizes States to apply for grant assistance from the Administrator to: (1) conduct projects to protect the quality of lakes; and (2) develop and implement plans to control pollution in a lake or group of lakes. Limits grant applications to statewide projects to: (1) improve public information and education concerning lake protection; (2) develop State or local requirements concerning lake protection; (3) develop lake assessment and monitoring information; and (4) develop lake protection plans. Limits the Federal share of such grants. Lists priorities for awarding grants. Makes States that fail to comply with clean lakes program requirements ineligible for grant assistance. Extends the authorization of appropriations for such grants through FY 1996. Reserves a specified percentage for lake water quality programs, lake pollution control plans, and lake water quality demonstration programs. Makes assistance from State water pollution control revolving funds available for lake protection programs. Revises requirements for lake water quality demonstration programs. Adds to the priority list for such programs China Lake and Sebago Lake, Maine. Requires the Administrator to issue regulations prohibiting the distribution for sale within the United States of detergents and related products containing phosphate. Directs the Administrator and the Secretary of Agriculture to work cooperatively to assure coordination of agriculture programs and lake protection programs. Requires priority consideration to be given to watersheds of impaired lakes in soil conservation programs of the Department of Agriculture. Makes watersheds of such lakes eligible for enrollment in a specified agricultural water quality protection program. Authorizes the Secretary to acquire easements for cropland located within watersheds of impaired lakes. Requires the Secretary to designate such watersheds as conservation priority areas. Amends the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to require the Aquatic Nuisance Species Task Force to undertake a program to prevent the dissemination of Eurasion Milfoil (Myriophyllum Spicatum), a type of aquatic weed. Requires the Secretary of the Interior to declare Eurasion Milfoil to be an injurious species. Authorizes appropriations.
Bill· SS. 1048 (102nd)referred
United States · United States Congress · 14 May 1991
Authorizes the Director of the U.S. Fish and Wildlife Service to provide financial assistance to pay the costs of construction and equipment for an Upper Mississippi River Environmental Education Center, to be located in Winona, Minnesota. Prohibits the provision of financial assistance unless an application is made to the Director. Authorizes appropriations.
Bill· SS. 1055 (102nd)referred
United States · United States Congress · 14 May 1991
Pipeline Safety Improvement Act of 1991 - Amends the Natural Gas Pipeline Safety Act of 1968 and the Hazardous Liquid Pipeline Safety Act of 1979 (HLPSA) to direct the Secretary of Transportation to define environmentally sensitive areas to include: (1) earthquake zones and areas subject to substantial ground movements like landslides; (2) areas where groundwater contamination would be likely in the event of a pipeline rupture; (3) freshwater lakes, rivers, and waterways; and (4) river deltas and other areas subject to soil erosion or subsidence from flooding or other water action where pipeline facilities are likely to become exposed or undermined. Makes the Secretary responsible for protection of the environment in issuing Federal pipeline safety standards. Requires pipeline operators to report to the Secretary any conditions that could have a significant adverse impact on the natural environment. Revises the required pipeline inventory to include: (1) all pipeline facilities in environmentally sensitive areas, or in or immediately adjacent to cities, towns, or villages; and (2) all pipelines built before 1971. Amends the HLPSA to direct the Secretary to survey and assess the effectiveness of procedures, systems, and equipment used to detect and locate hazardous liquid pipeline ruptures and minimize product releases from pipeline facilities. Requires the Secretary, within 12 months after completing the survey, to issue regulations to establish standards and require procedures and equipment for the rapid detection and location of pipeline ruptures and shut down of pipeline facilities located in or adjacent to environmentally sensitive areas and cities, towns, and villages. Amends the HLPSA to direct the Secretary to issue regulations to require hydrostatic testing of all hazardous liquid pipelines regardless of date of construction. Amends the Natural Gas Pipeline Safety Act of 1968 to direct the Secretary to: (1) issue regulations requiring operators of natural gas distribution systems to install excess flow valves in new or renewed gas service lines; and (2) publish guidelines for assessing the safety of existing cast iron gas pipes and for determining the conditions under which pipeline facilities using such pipes shall be replaced in order to ensure continuing pipeline safety.
Bill· HRH.R. 2342 (102nd)open
United States · United States Congress · 14 May 1991
Safety of Pesticides in Food Act of 1991 - Amends the Federal Food, Drug, and Cosmetic Act to exclude pesticide chemicals from the definition of "food additive." (Current law excludes from that definition a pesticide chemical: (1) in or on a raw agricultural commodity; or (2) used in the production, storage, or transportation of a raw agricultural commodity.) Modifies the circumstances in which the presence of a pesticide chemical residue renders a food adulterated. Replaces provisions relating to tolerances for pesticide chemicals in or on raw agricultural commodities with provisions relating to tolerances and exemptions for pesticide chemical residues. Deems a pesticide chemical residue unsafe, unless it is within an established tolerances or an exemption is in effect Allows a tolerance only if the risk to human health from dietary exposure to the residue is negligible. Sets forth criteria for determining whether the risk is negligible. Requires, in determining dietary exposure, consideration of all other sources (including drinking water) of dietary exposure occurring over a lifetime. Sets forth a special exposure rule allowing, in certain circumstances, calculation of exposure based on the percent of the food in which the residue actually occurs. Requires, if a tolerance or exemption is revoked and the residue will unavoidably persist in the environment and contaminate food, that a new tolerance be established at the lowest level that permits only the unavoidable levels to remain in the food. Allows establishment, modification, or revocation of a tolerance or establishment or revocation of an exemption from a tolerance in response to a petition or on the initiative of the Administrator of the Environmental Protection Agency. Defines, for certain provisions of this Act, modification of a tolerance to mean lowering. Allows an exemption if the residue is not a human or animal carcinogen and otherwise presents no risk to human health from dietary exposure. Requires, in determining dietary exposure, consideration of all other sources of dietary exposure occurring over a lifetime. Conditions establishment and continuation of a tolerance or exemption on the existence of a practical method of residue detection that can be performed by the Secretary of Health and Human Services on a routine basis as part of surveillance and compliance sampling for residues. Allows any person to petition the Administrator for the establishment, modification, or revocation of a tolerance or exemption. Sets forth required contents of a petition to establish a tolerance or exemption and procedures and timetables for processing the petition. Provides for revocation or modification of existing tolerances and exemptions. Regulates the confidentiality of and access to data submitted in support of a petition. Provides for the treatment of pesticide chemicals which were, before this Act, generally recognized (by the Administrator or others) as safe. Directs the Secretary to conduct surveillance and compliance sampling of food for pesticide chemical residues, charging fees sufficient to provide, equip, and maintain an adequate service. Allows continuation of a tolerance or exemption to be conditioned on payment of an annual fee. Requires the Administrator to evaluate each existing tolerance or exemption and: (1) if there is sufficient data to conclude that the residue does not meet the standards of this Act, change or revoke the tolerance; or (2) if there is insufficient data to determine whether the standards are met, require the submission of data. Sets forth deadlines by which the Administrator is required to have made a determination on a specified percentages of tolerances or exemptions in effect on enactment of this Act. Requires the Administrator to determine, for each method of detecting and measuring levels of residues, whether the method meets certain requirements of this Act. Requires revision of any method which does not meet the requirements. Revokes any tolerance or exemption based on a method which, after three years, does not meet the requirements. Mandates fees sufficient to provide, equip, and maintain adequate service with regard to the review of existing tolerances and exemptions and the review of methods of detecting and measuring levels of residues.
Bill· HRH.R. 2325 (102nd)open
United States · United States Congress · 14 May 1991
Salt Creek Corridor Protection Act of 1991 - Amends Federal law to revise the boundaries of the Indiana Dunes National Lakeshore to include the Salt Creek Protection Area to protect the Salt Creek Corridor. Requires the Secretary of the Interior to determine the extent to which such Area has been protected against specified activities through enforceable covenants, or action of the local government of Indiana using easements, zoning, or other means. Requires that if the Secretary identifies any area within the Salt Creek Protection Area that is unprotected in the manner specified in this Act, the landowner and the appropriate units of local government shall be notified within 60 days. Gives the Secretary authority to acquire easements for any unprotected area within the Salt Creek Corridor Protection Area no sooner than 90 days following such adequate notice under specified conditions. Promulgates guidelines for such easements.
Resolution· HRESH.Res. 151 (102nd)referred
United States · United States Congress · 14 May 1991
Expresses the sense of the House of Representatives that the Committees on Rules and Ways and Means should conduct hearings with the intent of recommending revisions in both House Rules and relevant statutes that would provide separate "fast track" procedures for the consideration of bills implementing and approving international environmental and labor standards agreements, achieved either within the context of trade negotiations or in parallel actions.
Bill· SS. 1040 (102nd)open
United States · United States Congress · 9 May 1991
Title I: Federal Agency Energy Efficiency and Management - Government Energy Efficiency Act of 1991 - Requires the Office of Management and Budget (OMB) to ensure reliable accounting of Federal building energy consumption costs. Requires the President's budget to identify each agency's requested amount for energy operating costs, energy conservation, and efficiency expenditures. Requires an audit survey by the President's Council on Efficiency and Integrity of agency energy use to determine compliance with energy management goals for Federal buildings set forth under the National Energy Conservation Policy Act. Requires a report to the Congress on survey results. Requires the General Services Administration (GSA) to hold regional workshops for State and local officials to coordinate energy management and conservation planning. Requires GSA to undertake a program to include energy efficient products on the Federal Supply schedule and the New Item Inventory Schedule. Establishes a GSA demonstration program to identify those products with significant energy-saving potential and encourage their use by Federal agencies. Requires GSA to determine the feasibility of labeling such products on the Supply and Inventory schedule. Amends the Federal Property and Administrative Services Act of 1949 to authorize the deposit of amounts from rebates or other cash incentives related to energy savings into the Federal Buildings Fund. Authorizes the GSA Administrator, in the administration of any real property which the Administrator leases and pays utility costs for, to assign energy rebates to the lessor for purposes of installing energy conserving equipment. Permits the Administrator to obligate certain funds for energy management improvement and programs to promote source reduction and recycling. Requires agency programs for the training of Federal building managers in energy management according to prescribed guidelines. Authorizes appropriations. Requires the Secretary of Energy to establish a financial bonus program to reward outstanding building managers and others making outstanding contributions toward the reduction of building energy costs or use. Authorizes appropriations. Requires OMB and the Interagency Energy Management Task Force to submit to the Congress a report on agency attainment of energy management goals set forth under the National Energy Conservation Policy Act. Establishes Federal building energy consumption targets. Authorizes Federal agencies to participate in utility incentive programs. Amends the National Energy Conservation Policy Act to require the Secretary to establish a demonstration program to install commercial energy efficiency technologies in Federal buildings. Authorizes appropriations. Amends the Renewable Energy and Energy Efficiency Technology Competitiveness Act of 1989 to revise the management plan required to conduct activities under that Act. Requires the Architect of the Capitol to undertake a study to determine the feasibility and costs of congressional office building compliance with all applicable Federal energy reduction requirements. Title II: Federal Alternative Vehicle Procurement and Management - Federal Alternative Vehicle Procurement and Management Act of 1991 - Requires the GSA Administrator to ensure that alternative fuel vehicles are procured for Federal agency use. Requires Federal agency refueling facilities for alternative fuel vehicles to serve the public unless national security considerations prevent public access. Requires the GSA Administrator to: (1) institute a program to promote and educate Federal agencies and employees on such vehicles; and (2) coordinate with State and local governments in the purchase, refueling, and maintenance of such vehicles. Provides for exempting the Department of Defense from this title for reasons of national security. Authorizes an incentive program for agencies to use such vehicles. Establishes an awards program for Federal employees who demonstrate a strong commitment, through the use of such vehicles, to a cleaner environment and energy secure country. Authorizes appropriations. Requires an annual GSA report to the Congress on its alternative fuel vehicle program. Authorizes appropriations to carry out this title.
Bill· SS. 1038 (102nd)referred
United States · United States Congress · 9 May 1991
Waste Tire Recycling, Abatement and Disposal Act of 1991 - Amends the Solid Waste Disposal Act to make it unlawful, after specified dates, to: (1) dispose of whole waste tires on the land or in a landfill; (2) receive waste tires at collection sites unless such tires are processed, converted to shredded tire material, or transferred to a tire retreading business within seven days of receipt; (3) operate a collection site except in compliance with specified conditions applicable to waste tire piles; (4) store more than 1,500 waste tires for more than seven days at collection sites other than as shredded tire material in tire stockpiles; (5) engage in specified activities with respect to the transportation, storage, disposal, or collection of waste tires without an approved permit; and (6) operate a waste tire stockpile containing shredded tire material from more than 2,500 waste tires or, in the case of a tire processor, more than 30 days' supply of shredded tire material to be used as feedstock within the process. Exempts from such prohibitions specified tire retailers and retreaders, businesses removing tires from vehicles, solid waste disposal facilities storing waste tires, and persons storing or using waste tires for marine or agricultural purposes. Authorizes the Administrator of the Environmental Protection Agency (EPA) to impose alternative requirements on such facilities and individuals. Requires tire haulers, collectors, and processors to submit specified registrations to the Administrator or a designated State agency. Authorizes State Governors to apply to the Administrator to implement waste tire recycling, abatement, and disposal programs. Requires the Administrator to publish guidance for the minimum elements of such programs, including permit and fee requirements. Sets forth program approval procedures. Authorizes the Administrator to make grants to States for the implementation of such programs. Requires the Administrator to enforce programs for States that fail to do so. Authorizes the Administrator, to assure compliance with the prohibitions of this Act, to: (1) order the owner or operator of any waste tire dump, stockpile, or other collection site or any other person who has transported tires to such site to abate the dump, stockpile, or site; and (2) undertake action to abate a tire collection site using funds from the Waste Tire Recycling, Abatement, and Disposal Trust Fund. Permits the Administrator to commence civil actions against persons operating or maintaining such sites or depositing waste tires at such sites. Prescribes fines for violations of the Administrator's orders. Provides that if the Administrator takes abatement actions at a waste tire collection site, the owner or operator of such site or any person who has transported tires to such site shall be liable for the costs of such actions. Directs the Secretary of the Interior, the Administrator of the General Services Administration, and the head of other Federal agencies owning land on which a tire collection site is located to implement a plan to abate waste tire dumps and stockpiles on such lands. Requires all waste tires in such dumps and stockpiles to be disposed, recycled, or transferred to tire processing facilities by December 31, 1996. Authorizes appropriations. Permits the EPA Administrator to make grants to States from funds appropriated from the Waste Tire Recycling, Abatement, and Disposal Trust Fund for waste tire programs. Authorizes the Secretary of the Treasury to transfer monies from the Fund to: (1) the Secretary of the Interior, the Administrator of the General Services Administration, or the head of any Federal agency on which a waste tire collection site is located for abating such sites; and (2) the Secretary of Transportation or heads of other Federal agencies engaged in road building for offsetting costs associated with the procurement of rubber-modified asphalt pavement for road construction, surfacing, or resurfacing. Authorizes the use of Fund monies for enforcing Federal tire recycling, abatement, and disposal programs for States that fail to do so. Permits the EPA Administrator to use Fund monies to make grants and enter into contracts for research and development on waste tire processing and recycling technologies or on the use, performance, and marketability of products made from materials produced from waste tire processing. Requires the Administrator to conduct a research program to determine: (1) the health and environmental risks associated with the production and use of rubber-modified asphalt pavement; (2) the performance of such pavement under climate and use conditions; and (3) the degree to which such pavement can be recycled. Sets forth enforcement provisions. Provides for civil and criminal penalties for violations of this Act. Prohibits the Secretary of Transportation from making grants to a State under Federal highway provisions (other than for safety projects) unless the State has certified that at least ten percent of the asphalt pavement laid in the State and financed by such grants shall be rubber-modified asphalt pavement. Authorizes the Secretary to: (1) establish a phase-in period for such requirement (for up to eight years) if necessary to establish rubber-modified asphalt pavement production and application facilities; and (2) increase the percentage of such pavement used in federally-assisted highway projects, as appropriate. Authorizes the Secretary to set aside such requirement for a three-year period if there is evidence that: (1) techniques for mixing and applying such pavement increase risks to health and the environment as compared to risks associated with conventional pavement; (2) such pavement cannot be recycled to the same degree as conventional pavement; or (3) such pavement does not perform satisfactorily as a material for the construction or surfacing of highways and roads. Permits determinations to set aside requirements to be renewed for an additional three years. Authorizes the Secretary to: (1) modify the minimum percentage of rubber-modified asphalt pavement to be used in highway projects if there is not a sufficient quantity of waste tires available in a State; and (2) grant a State credit toward such percentage requirement for volumes of such pavement used in other road and construction projects, provided that the total volume of such pavement used in the State annually is not less than ten percent of the conventional pavement used in federally-assisted highway projects. Directs the Administrator to promulgate final procurement guidelines for rubber products containing crumb rubber derived by processing waste tires by December 31, 1993.
Bill· SS. 1041 (102nd)referred
United States · United States Congress · 9 May 1991
Washington Outer Coast National Marine Sanctuary Act of 1991 - Designates a specified area adjacent to the coast of Washington (State) as the Washington Outer Coast National Marine Sanctuary, to be managed with regulations enforced under all applicable specified provisions of the Marine Protection, Research, and Sanctuaries Act of 1972. Requires the Secretary of Commerce, after providing for adequate public comment, to: (1) prepare a final designation document and comprehensive management plan for the Sanctuary; and (2) implement regulations to achieve the policy and purposes of the Marine Protection, Research, and Sanctuaries Act of 1972. Prohibits leasing, exploration, development, or production of minerals or hydrocarbons within the Sanctuary. Authorizes appropriations.
Bill· SS. 1039 (102nd)referred
United States · United States Congress · 9 May 1991
Amends the Internal Revenue Code to impose an environmental excise tax on the manufacture or importation of tires of any type, including solid and pneumatic tires. Establishes the amount of such tax as 50 cents per tire to be paid by the manufacturer or importer. Establishes the Waste Tire Recycling, Abatement and Disposal Trust Fund consisting of the excise tax on tires and amounts received under the Solid Waste Disposal Act for waste tire recycling, abatement, and disposal.
Bill· HRH.R. 2307 (102nd)open
United States · United States Congress · 9 May 1991
Washington Outer Coast National Marine Sanctuary Act of 1991 - Designates a specified area adjacent to the coast of Washington (State) as the Washington Outer Coast National Marine Sanctuary, to be managed with regulations enforced under all applicable specified provisions of the Marine Protection, Research, and Sanctuaries Act of 1972. Requires the Secretary of Commerce, after providing for adequate public comment, to prepare: (1) a final designation document and comprehensive management plan for the Sanctuary; and (2) implementing regulations to achieve the policy and purposes of the Marine Protection, Research, and Sanctuaries Act of 1972. Prohibits leasing, exploration, development, or production of minerals or hydrocarbons within the Sanctuary. Authorizes appropriations.
Bill· HRH.R. 2291 (102nd)referred
United States · United States Congress · 9 May 1991
Incinerator Ash Amendments of 1991 - Amends the Solid Waste Disposal Act to require the Administrator of the Environmental Protection Agency to promulgate regulations governing the management of ash from specified solid waste incineration units. Authorizes such regulations to establish requirements that apply to fly or bottom ash separately or to a combination of fly and bottom ash. Prohibits: (1) except as provided in this Act, the disposal of ash in a landfill unless waste segregation of glass and metal food containers, newspaper, office paper, cardboard, used oil, scrap metal, and used motor vehicle batteries occurs before incineration of the waste that results in the creation of ash; (2) the disposal of ash in a landfill unless the ash was generated at a unit that meets operation and maintenance standards; and (3) the disposal of ash in a landfill unless the management and handling of the ash meets management and handling requirements. Requires ash to be disposed of in a landfill only if the landfill provides for groundwater monitoring and: (1) has two or more liners and a leachate collection system above and between such liners; (2) provides for the placement of ash in a monofill and a single liner to prevent migration of constituents into groundwater or into the liner; or (3) uses an alternative design that prevents the migration of hazardous constituents into groundwater or surface water as effectively as the other design requirements. Directs the Administrator to publish guidelines with respect to: (1) resource recovery from solid waste incineration ash disposed of prior to the effective date of regulations issued under this Act; (2) the use of solid waste incineration ash in the production of products and materials; and (3) the recycling or reuse of tires, paints, solvents, potentially hazardous household chemicals, household batteries, plastics, large household appliances, yard waste, and construction debris. Requires the Administrator to promulgate criteria and testing procedures for identifying the characteristics of ash which may pose a hazard to human health or the environment. Permits persons desiring to dispose of ash in a landfill, in lieu of meeting waste segregation and resource recovery requirements, to test the ash using such procedures. Authorizes such persons to dispose of nonhazardous ash in landfills. Sets forth additional testing requirements. Prohibits a facility from receiving incineration ash for management purposes unless the facility has a permit. Authorizes the Administrator to enforce requirements for States which fail to comply with ash regulations. Provides for public comment prior to the issuance of permits. Authorizes the Administrator to require corrective action or other response measures if a release of a hazardous substance from a regulated facility has occurred. Permits the Administrator to make grants to States for programs to promote the use of waste segregation and resource recovery from incinerator ash. Limits the amount of Federal funds for such programs. Requires the Administrator to conduct a program of research on, and development of, environmentally safe means to reuse incinerator ash. Authorizes appropriations.
Bill· HRH.R. 2281 (102nd)open
United States · United States Congress · 9 May 1991
National Institutes of Health Revitalization Amendments of 1991 - Title I: General Provisions Regarding Title IV of Public Health Service Act - Subtitle A: Research Freedom - Part I: Review of Proposals for Biomedical and Behavioral Research - Amends the Public Health Service Act to require review and approval, by an Institutional Review Board, a peer review group, or other entity, of research before the Secretary of Health and Human Services may approve the research or fund applications. Prohibits the Secretary from withholding funding, on ethical grounds, from research which has been so approved unless an ethics advisory board recommends withholding. Part II: Research on Transplantation of Fetal Tissue - Allows the Secretary to conduct or support research on the transplantation of human fetal tissue for therapeutic purposes, regardless of whether the tissue is obtained from a spontaneous abortion, an induced abortion, or a stillbirth, in accordance with State and local law. Establishes criminal penalties for knowingly acquiring, receiving, or otherwise transferring any human fetal tissue for valuable consideration. Excludes from the term "valuable consideration" reasonable payments associated with the transportation, implantation, processing, preservation, quality control, or storage of human fetal tissue. Prohibits any official of the executive branch from imposing a policy that prohibits the Department of Health and Human Services from conducting or supporting any research on the transplantation of human fetal tissue for therapeutic purposes. Prohibits the Secretary from withholding funds for research which meets requirements of this subtitle. Deems a specified report of the Human Fetal Tissue Transplantation Research Panel to: (1) be issued by an ethics advisory board under provisions of this subtitle; and (2) find that there are no ethical grounds for withholding funds for research on transplantation of human fetal tissue for therapeutic purposes. Subtitle B: Clinical Research Equity Regarding Women and Minorities - Part I: Women and Minorities as Subjects in Clinical Research - Requires the Director of the National Institutes of Health (NIH) and the Administrator of the Alcohol, Drug Abuse, and Mental Health Administration (ADAMHA), in conducting and supporting research, to ensure that: (1) women and minorities are included as subjects in each project; and (2) research is conducted so as to provide for a valid analysis of whether the variables being tested affect women or minorities differently than other research subjects. Requires technical and scientific peer review to include an evaluation of compliance with these requirements. Part II: Offices of Research on Women's Health - Establishes within each of the Office of the Director of NIH and the Office of the ADAMHA Administrator an Office of Research on Women's Health to identify projects of women's health (and, for ADAMHA, mental health) research and promote sufficient resource allocation for the conduct or support of the projects by NIH and ADAMHA. Requires the Directors of each Office to establish a Coordinating Committee on Research on Women's Health and an Advisory Committee on Research on Women's Health. Includes in the Coordinating Committee's duties determining the extent women are represented among senior physicians and scientists of NIH and ADAMHA and among physicians and scientists conducting research with NIH or ADAMHA funding and carrying out activities to increase such representation. Requires the Director of NIH to: (1) establish a single data system regarding research on women's health conducted or supported by NIH or ADAMHA; and (2) establish and operate a program to provide information on research and prevention activities of NIH and ADAMHA relating to research on women's health (and, for ADAMHA, mental health) and gender differences. Mandates a biennial report by each Director with specified contents, including analyzing the professional status of women physicians and scientists at NIH and ADAMHA and identifying advancement barriers. Directs the Secretary: (1) through the Directors of the Offices of Research on Women's Health, to contract for a study of how research on women's health can be facilitated by the NIH Director and the ADAMHA Administrator; and (2) to request the Institute of Medicine of the National Academy of Sciences to enter into the contract. Subtitle C: Scientific Integrity - Amends provisions relating to scientific fraud or scientific misconduct to establish within the Office of the Director of NIH the Office on Scientific Integrity. Provides for termination and recovery of financial assistance, provided for certain biomedical or behavioral research, if there is retaliation against a scientific misconduct whistleblower. Prohibits grants to or cooperative agreements or contracts with entities that fail to follow procedures to prevent or respond to such retaliation. Directs the Secretary, with regard to any entity receiving assistance for research to evaluate the safety or effectiveness of a drug, medical device, or treatment, to establish criteria for preventing or responding to any financial interests which will or may create a conflict of interest. Requires the criteria to be uniformly applicable to each entity. Allows individual variation in implementation. Prohibits allowing each entity to develop individual criteria. Allows the Secretary, where such a conflict of interest exists, to take certain actions, including disapproving an application, terminating assistance, and recovering assistance obligated while the conflict exists. Directs the Secretary to require the entity to disclose the conflict in each public presentation of the research results. Prohibits the Secretary, in fiscal years after regulations establishing the criteria are issued, from making a grant, cooperative agreement, or contract for biomedical or behavioral research unless the entity seeking assistance agrees to be subject to the regulations. Mandates a study by the Comptroller General on the extent to which the activities of the Director of the Office of Scientific Integrity have been effective in investigating and preventing scientific fraud and other misconduct. Directs the Secretary, through the National Library of Medicine, to develop guidelines for use by scientific and medical journals to protect against publication of manuscripts involving scientific misconduct. Subtitle D: Indirect Costs - Allows the Secretary, in providing financial assistance through NIH for a research project, to authorize an entity to make expenditures from the assistance for administrative and nonadministrative indirect costs. Limits indirect cost expenditures to a percentage of direct costs. Requires the NIH Director to establish a program of supporting biomedical or behavioral research projects whose principal researchers have not previously been principal researchers in such projects supported by the Director. Title II: Protection of Health Facilities - Prohibits stealing or otherwise converting personal property or damaging real property of a health facility assisted under the Public Health Service Act, or deterring, through physical restraint, any individual from entering or exiting the facility. Includes in the prohibitions various acts interfering with the use of animals for research. Provides for fines, imprisonment, restitution, and private civil actions. Title III: National Institutes of Health in General - Directs the Secretary to establish in the Office of the Director of NIH the Advisory Committee on Health Sciences to periodically review the missions of each of the agencies of NIH for the purpose of advising the NIH Director, the Secretary, and the Congress on any modifications in the organizational structure of NIH. Requires the approval of the Committee in order for the Secretary to establish, reorganize, or abolish a national research institute. Mandates preparation and implementation of a plan, regarding biomedical research and experimentation conducted or supported by NIH, for methods that: (1) do not require the use of animals; (2) reduce the number of animals used; and (3) produce less pain and distress in animals. Requires measures to encourage acceptance by and training scientists in such methods. Establishes the Interagency Coordinating Committee on the Use of Animals in Research. Repeals similar provisions, relating to a plan on animal research and a coordinating committee, of the Health Research Extension Act of 1985. Removes provisions of the Public Health Service Act allowing members of advisory councils to serve after the expiration of their terms until successors have taken office. Title IV: General Provisions Respecting National Research Institutes - Requires that the Secretary, through the director of each of the national research institutes, receive directly all funds appropriated for the institute. Removes provisions allowing the Director of the National Cancer Institute (NCI) to directly receive NCI funds. Excludes peer review groups under specified provisions from the application of the Federal Advisory Committee Act. Requires the Director of NIH to: (1) carry out a program to expand and intensify research on osteoporosis, Paget's disease, and related bone disorders in addition to research authorized under other Federal law; (2) establish the Advisory Board on Osteoporosis, Paget's Disease, and Related Bone Disorders; and (3) enter into a grant, cooperative agreement, or contract to establish an information clearinghouse on osteoporosis and related bone disorders. Authorizes appropriations. Title V: National Cancer Institute - Authorizes appropriations for the National Cancer Institute. Title VI: National Heart, Lung, and Blood Institute - Authorizes the National Heart, Lung, and Blood Institute (NHLBI) to conduct programs of training and education, including continuing education and laboratory and clinical research training. Title VII: National Institute on Aging - Transfers provisions of the Health Research Extension Act of 1985 establishing an Alzheimer's disease registry to provisions of the Public Health Service Act relating to the National Institute on Aging (NIA). Authorizes appropriations for the NIA. Title VIII: National Institute of Allergy and Infectious Diseases - Authorizes the Director of the National Institute of Allergy and Infectious Diseases to make grants or enter into contracts for the development and operation of centers to conduct basic and clinical research on chronic fatigue syndrome. Title IX: National Institute of Child Health and Human Development - Subtitle A: Research Centers With Respect to Contraception and Research Centers With Respect to Infertility - Requires the Director of the National Institute of Child Health and Human Development (NICHHD) to make grants and enter into contracts for the development and operation of centers to conduct contraception research and centers to conduct infertility research. Directs the Secretary to establish a program of educational loan repayments for health professionals who agree to conduct research on contraception or on infertility. Subtitle B: Program Regarding Obstetrics and Gynecology - Requires the Director of the NICHHD to establish and maintain an intramural laboratory and clinical research program in obstetrics and gynecology. Subtitle C: Child Health Research Centers - Requires the Director of the NICHHD to develop and support centers for conducting research on child health, giving priority to clinical applications of basic research findings. Title X: National Institute of Neurological Disorders and Stroke - Requires the Director of the National Institute of Neurological Disorders and Stroke to conduct and support research on multiple sclerosis. Title XI: National Institute of Environmental Health Sciences - Establishes in the National Institute of Environmental Health Science the Applied Toxicological Research and Testing Program. Title XII: National Library of Medicine - Subtitle A: General Provisions - Adds to the list of functions of the National Library of Medicine (NLM) that of publicizing NLM products and services and promoting the use of computers and telecommunications by health professionals. Authorizes appropriations to carry out provisions relating to: (1) the NLM and other medical libraries, including regional medical libraries; (2) training in medical library sciences; and (3) biomedical publications. Subtitle B: Financial Assistance - Directs the Secretary to make grants for research on, and development and demonstration of, new education technologies. Subtitle C: National Center for Biotechnology Information - Authorizes appropriations for the National Center for Biotechnology Information. Subtitle D: National Information Center on Health Services Research and Health Care Technology - Establishes in the NLM the National Information Center on Health Services Research and Health Care Technology. Removes similar provisions from provisions relating to the Agency for Health Care Policy and Research. Title XIII: Other Agencies of National Institutes of Health - Subtitle A: Division of Research Resources - Redesignates the Division of Research Resources as the National Center for Research Resources. Authorizes the Director of NIH to reserve up to a specified sum to improve regional centers for research on primates. Subtitle B: National Center for Human Genome Research - Adds the National Center for Human Genome Research to the list of agencies of NIH. Declares that the purpose of the Center is to characterize the structure and function of the human genome, including the mapping and sequencing of individual genes. Requires the Director of the Center to make available a minimum percentage of funds for carrying out provisions relating to ethical issues associated with the genome project. Title XIV: Awards and Training - Subtitle A: National Research Service Awards - Directs the Secretary to make grants for comprehensive programs to recruit women and individuals from disadvantaged backgrounds into fields of biomedical or behavioral research and to provide research training to women and such individuals. Authorizes appropriations for payments and grants under National Research Service Awards. Subtitle B: Acquired Immune Deficiency Syndrome - Allows the Secretary, under a loan repayment program for research with respect to acquired immune deficiency syndrome (AIDS) established by existing provisions, to enter into a repayment agreement with a health professional who agrees to conduct AIDS research at NIH for at least three years, provided other conditions are met. Authorizes appropriations. Authorizes the Commissioner of Food and Drugs to carry out for the Food and Drug Administration a similar loan repayment program with respect to the review of applications concerning AIDS that are submitted to the Commissioner. Subtitle C: Scholarship and Loan Repayment Programs Regarding Professional Skills Needed by Certain Agencies - Directs the Secretary, through the Director of NIH and the Administrator of ADAMHA, to establish programs of scholarships for undergraduate education for individuals from disadvantaged backgrounds who are underrepresented in professions needed by NIH and ADAMHA in return for the scholarship recipients agreeing to serve as employees of NIH or ADAMHA for a prescribed period. Requires that the Director and the Administrator: (1) carry out activities to facilitate the interest of the individuals in pursuing careers as employees of NIH and ADAMHA; and (2) approve the academic program of each individual. Directs the Secretary, through the Director and the Administrator, to establish programs of repaying educational loans for individuals from disadvantaged backgrounds who have a substantial amount of education loans relative to income in return for the repayment recipients agreeing to conduct clinical research as employees of NIH or ADAMHA. Limits the NIH scholarship and loan programs to an aggregate of 40 contracts and the ADAMHA programs to an aggregate of 10 contracts. Title XV: Research with Respect to Acquired Immune Deficiency Syndrome - Modifies the duties of the AIDS Clinical Research Review Committee, including requiring the Committee to give advice to other agencies of NIH as well as to the National Institute of Allergy and Infectious Diseases (NIAID). States that the requirement that the clinical evaluation units at the National Cancer Institute and NIAID conduct evaluations of treatments for acquired immune deficiency syndrome (AIDS) includes evaluations of treatments for opportunistic cancers and infectious diseases. Authorizes appropriations for model protocols for the clinical care of individuals infected with the etiologic agent for AIDS. Requires the Director of NIH to develop and implement a comprehensive plan for the conduct and support of AIDS research by NIH agencies. Title XVI: Miscellaneous Provisions - Directs the Secretary to report to specified congressional committees on the appropriateness and impact of NIH assuming responsibility for all Federal research, development, testing, and evaluation functions relating to the medical aspects of biological agents in the development of defenses against biological warfare. Renames the Senior Biomedical Research Service as the Silvio Conte Senior Biomedical Research Service. Increases the maximum number of members of the Service. Declares that the authority regarding the number of members in the Service is in addition to the numbers authorized for the Regular Corps, the Reserve Corps, and the Senior Executive Service. Renames the AIDS Clinical Research Review Committee as the AIDS Research Advisory Committee. Title XVII: Effective Date - Sets forth the effective date of this Act.
Resolution· HRESH.Res. 149 (102nd)referred
United States · United States Congress · 9 May 1991
United States - Mexico Trade Negotiating Objectives Clarification Resolution of 1991 - Expresses the sense of the House of Representatives that it is imperative that any trade agreement establishing a free trade area between the United States and Mexico should achieve U.S.-Mexico negotiating objectives that include issues relating to: (1) U.S. economic growth; (2) rules of origin that prohibit circumvention of U.S. trade laws; (3) certain environmental standards; (4) health and safety and other labor standards; (5) dispute settlement; (6) adjustment with respect to import-sensitive industries; (7) unfair trade practices; (8) exchange rates; and (9) drug interdiction. Sets forth specified presidential reporting requirements. Amends Rule XXII of the House of Representatives to provide procedures for disapproval or consideration of any bill to implement any trade agreement entered into between the United States and Mexico.
Resolution· HRESH.Res. 146 (102nd)passed
United States · United States Congress · 9 May 1991
Expresses the sense of the House that: (1) on the basis of the presidential response of May 1, 1991, concerning issues relating to environmental protection, health and safety standards, labor and industry adjustment (including worker adjustment assistance), and worker rights, fast track procedures under the Trade Act of 1974 which provide for expedited consideration in the Congress of bills to implement trade agreements should be extended; (2) specified trade objectives should be met in order to implement such presidential response and to maximize the potential for reaching trade agreements that are in the best interests of the United States; (3) any trade agreement negotiated by the Administration should seek to reduce or eliminate tariff and nontariff barriers and other specified trade distorting measures, ensure intellectual property rights protection, reduce or eliminate barriers to trade in services, liberalize conditions for investment, and include effective mechanisms for periodic review of agreements and dispute settlement; (4) a North America Free Trade Agreement (NAFTA) must foster job creation within North America, preclude benefits to articles transshipped from third countries, permit the United States to maintain strict health and safety standards with respect to agricultural imports, provide safeguards to minimize industry, agricultural, and worker dislocations and to remedy the effects of injurious increases in imports, and maintain U.S. laws against injurious subsidies, dumping, and other unfair trade practices, and be accompanied by an effective worker adjustment program; and (5) the President should seek to develop a joint program to address border environmental problems related to air and water pollution, hazardous wastes, chemical spills, pesticides, and enforcement.
Record· Divisionvote_1carried
Ireland · Seanad Éireann · 8 May 1991
Amendment put.
Record· Divisionvote_2carried
Ireland · Seanad Éireann · 8 May 1991
Question put: "That the motion, as amended, be agreed to."
Bill· SS. 1012 (102nd)open
United States · United States Congress · 8 May 1991
National Highway Traffic Safety Administration Authorization Act of 1991 - Title I: Authorization of Appropriations - Authorizes appropriations to carry out the following Acts: (1) the National Traffic and Motor Vehicle Safety Act of 1966; (2) the Motor Vehicle Information and Cost Savings Act; and (3) the National Driver Register Act of 1982. Authorizes appropriations for National Highway Traffic Safety Administration (NHTSA) highway safety programs and research and development. Requires the Secretary of Transportation to expend sums authorized as necessary to conduct research on intelligent vehicle highway systems. Directs the Secretary to develop a strategic plan for such research. Specifies that such research should place particular emphasis on aspects of those systems that will increase safety and should identify any aspects that might degrade safety. Title II: Requirements for Vehicles - Directs the Secretary to: (1) issue a final rule amending Federal Motor Vehicle Safety Standard 214 to establish performance criteria for improved occupant head injury protection in side impacts; and (2) issue a final rule to extend the applicability of such Standard to multipurpose passenger vehicles. Directs the Secretary to enter into arrangements with the National Academy of Sciences to study means of establishing a method for calculating a uniform numerical rating, or series of ratings, enabling consumers to compare meaningfully the crashworthiness data for passenger cars and multipurpose passenger vehicles. Prescribes the contents of such study. Requires that a report of such study be submitted to the Secretary and the Congress within 19 months after the date of enactment of this Act. Prescribes schedules for: (1) obtaining public comment on implementation of National Academy recommendations; (2) determining whether an objectively based system of comparative crashworthiness data can be established; (3) promulgating a rule to establish such a system, if the determination is positive; (4) submitting the proposed rule for review to specified congressional committees; (5) waiting 60 calendar days after such submission, unless both committees notify the Secretary that they have no objection to the rule; and (6) establishing (by rule) procedures requiring auto dealers to make comparative crashworthiness data available to prospective purchasers. Amends the National Traffic and Motor Vehicle Safety Act of 1966 to direct the Secretary to establish: (1) a schedule for use in ensuring compliance with each Federal motor vehicle safety standard established under such Act which the Secretary determines is capable of being tested; (2) written guidelines and procedures for conducting investigations regarding noncompliance with the regulations issued under such Act; and (3) criteria for the determination and imposition of civil penalties for such noncompliance. Directs the Secretary to complete a rulemaking to: (1) review the classification system for vehicles with a gross weight under 10,000 pounds to determine if such vehicles should be reclassified; and (2) consider the establishment of a standard to protect against unreasonable risk of rollover of passenger cars and multipurpose passenger vehicles. Mandates that a specified percentage of certain authorized appropriations be used to disseminate consumer information regarding retrofitting passenger cars with lap and shoulder rear seatbelts. Amends the Motor Vehicle Information and Cost Savings Act to direct the Secretary to promulgate regulations establishing passenger motor vehicle bumper impact labeling requirements. Directs the Secretary to submit periodic reports to the Congress detailing efforts to ensure that State motor vehicle inspection programs are implemented in the most effective manner possible. Requires reports to: (1) specify Federal manpower allocations for support of State safety inspection efforts, and allocations and expenditures of Federal funds on such efforts; (2) describe the extent and effect of coordination with the Administrator of the Environmental Protection Agency regarding required safety and emissions inspections; (3) list the States that do not have periodic safety inspection programs meeting Federal requirements; and (4) include any data furnished by the States that operate such safety inspection programs concerning the relative effectiveness of their particular programs. Directs the Secretary to establish a program requiring airbags for: (1) Federal passenger vehicles, beginning with passenger cars acquired after September 30, 1991; and (2) all passenger cars and light trucks, buses, and multipurpose passenger vehicles, phased in according to a specified schedule, starting with passenger cars manufactured on and after September 1, 1995. Directs the Secretary to amend the bumper standard published in the Code of Federal Regulations to ensure that such standard is identical to that in effect on January 1, 1982. Requires the Secretary to conduct a rulemaking to increase the safety of child booster seats used in passenger cars. Amends the National Traffic and Motor Vehicle Safety Act of 1966 to authorize the Secretary to direct the manufacturer of a defective motor vehicle or motor vehicle part to send a second notification if the Secretary determines that the first notification sent by such manufacturer has not resulted in an adequate number of vehicles (or items of equipment) being returned for remedy. Requires any lessor who receives notification of a defective motor vehicle part pertaining to any leased motor vehicle to send a copy of such notice to the lessee. Provides that a dealer may sell or lease a motor vehicle (or motor vehicle item) for which a safety defect notice has been received only if: (1) the defect or failure to comply has been remedied before delivery under sale or lease; or (2) an enforcement order has been set aside or restrained. Directs the Secretary to conduct a rulemaking on the use of darkened windshields and window glass in passenger automobiles. Directs the Secretary to make grants to States which adopt and implement seatbelt and child restraint programs which include specified measures to foster the increased use of seatbelts and the correct use of child restraint systems. Sets conditions for the use of such grants by such States. Authorizes appropriations. Directs the Secretary to initiate a rulemaking to: (1) consider methods of reducing head injuries in passenger automobiles and multipurpose passenger vehicles from contact with vehicle interior components by revising the appropriate Federal motor vehicle safety standards; and (2) consider the establishment of a standard to minimize pedestrian death and injury attributable to vehicle components. Directs the Secretary to complete a rulemaking to amend Federal Motor Vehicle Safety Standard 108 to authorize passenger cars and multipurpose passenger vehicles to be equipped with daytime running lights. Directs the Secretary to conduct a rulemaking to consider: (1) whether to adopt a Federal motor vehicle safety standard requiring antilock brake systems for all passenger cars and multipurpose passenger vehicles manufactured after September 1, 1996; (2) the establishment of a standard requiring that such cars and vehicles be equipped with heads-up displays capable of projecting speed, fuel, and other instrument readings on the lower part of the windshield (enabling the driver to check such readings without looking down); and (3) whether to amend any existing standard applicable to seatbelts for modification of seatbelt design to take into account the needs of children and short adults. Requires that standards established under this Act be in accordance with applicable provisions of the National Traffic and Motor Vehicle Safety Act of 1966, including provisions requiring that Federal motor vehicle safety standards be practicable, meet the need for motor vehicle safety, and be stated in objective terms. Title III: Highway Traffic Safety - Impaired Driving Prevention Act of 1991 - Directs the Secretary to make basic and supplemental grants to States which adopt and implement impaired driving enforcement programs to prevent impaired driving. Sets forth: (1) eligibility requirements for basic and supplemental grants (such as State mandatory blood alcohol concentration testing programs and standards, programs for preventing drivers under age 21 from obtaining alcoholic beverages, drugged driving prevention laws, and unlawful open container and alcohol consumption programs); (2) a waiver provision of basic grant eligibility requirements for reduced alcohol-related fatalities within a State; and (3) the Federal share payable for such grants. Authorizes appropriations. Sets deadlines for the issuance of regulations by the Secretary.
Bill· SS. 1007 (102nd)referred
United States · United States Congress · 8 May 1991
Waste Isolation Pilot Plant Land Withdrawal Act - Withdraws from all forms of entry, appropriation, and disposal under the general land laws and from location and patent under the mining laws the public lands in Eddy County, New Mexico, which surround the Waste Isolation Pilot Plant project (WIPP) and transfers jurisdiction and control of the withdrawn lands to the Department of Energy (DOE). Describes the lands to be withdrawn. Revokes specified public land orders made inconsistent by this Act. Makes the Secretary of Energy responsible for the management of WIPP and the withdrawn lands. Requires the Secretary to develop a management plan for the use of the withdrawn lands until WIPP has been decommissioned, requiring any use for activities not associated with WIPP to be subject to conditions and restrictions that may be necessary to permit the conduct of WIPP activities. Requires the management plan to permit domestic livestock grazing, hunting and trapping, maintenance of wildlife habitat, the disposal of salt tailings remaining on the surface, and mining, subject to prescribed guidelines. Authorizes the Secretary to close to the public any part of such withdrawn lands if required for public health and safety. Directs the Secretary to submit the management plan to appropriate congressional committees and the State of New Mexico. Directs the Secretary, in consultation with specified officials and agencies, to develop and update a performance assessment plan that includes experiments needed to assess compliance with Environmental Protection Agency (EPA) standards for disposal of transuranic waste and other experiments which the Secretary considers necessary. Authorizes the Secretary to place transuranic waste in WIPP during the performance assessment phase and to begin permanent disposal of transuranic waste after such phase is completed if he determines, after an EPA review, that WIPP complies with relevant environmental standards and has submitted to the Congress plans for decommissioning WIPP and managing such withdrawn lands afterwards. Directs the EPA Administrator to issue final standards for disposal of transuranic wastes within two years after the enactment of this Act. Requires the Secretary to demonstrate compliance with such standards notwithstanding any court order requiring repromulgation or reissuance of the standards or any injunction preventing their enforcement, unless the court order or injunction relates to health and safety aspects of the standards directly applicable to WIPP. Requires the Secretary to demonstrate compliance with disposal standards in effect on November 18, 1985, if the EPA Administrator fails to issue standards for disposal of transuranic wastes. Subjects WIPP to EPA management and storage standards applicable to transuranic waste. Bans high-level radioactive waste from being placed in WIPP by DOE. Requires the Secretary to continue to encourage WIPP related business and employment opportunities within the State of New Mexico. Provides for payments to the State of New Mexico to assist in the mitigation of the impacts on the State and on local governments resulting from WIPP. Authorizes appropriations. Directs the Secretary to submit to the State of New Mexico, the Secretary of the Interior, the EPA Administrator, and appropriate congressional committees within five years after enactment of this Act a plan for decommissioning WIPP. Directs the Secretary to develop within such period a plan for the management and use of the withdrawn lands following the WIPP decommission.