United States · United States Congress · 13 June 1989
Turtle Protection Parity Act of 1989 - Amends the Endangered Species Act of 1973 to prohibit the importation of shrimp: (1) from any country which does not require the use of turtle excluder devices by its shrimp fishing vessels in designated waters; or (2) which were harvested in designated waters by a vessel which did not use nets equipped with turtle excluder devices. Directs the Secretary of Commerce to: (1) designate, and publish a list of, those waters which constitute any part of the geographic range of sea turtles which are listed under such act as an endangered or threatened species; (2) publish and periodically update a list of each country which requires use of turtle excluder devices by its shrimp fishing vessels in designated waters; and (3) carry out provisions of this Act within three years after enactment. Delays the effective date of certain regulations issued by the Secretary on June 29, 1987, relating to sea turtle conservation until three years after enactment of this Act.
United States · United States Congress · 13 June 1989
Amends the Railway Labor Act to make it unlawful for any carrier, upon the conclusion of a strike, to fail to reinstate any employee with greater seniority rights than any employee who returned to employment during the strike and whom the employer seeks to retain.
United States · United States Congress · 13 June 1989
Expresses the sense of the House of Representatives that the Committees on Energy and Commerce and Ways and Means should review the Medicare Catastrophic Coverage Act of 1988 and hold hearings in the process of such review.
United States · United States Congress · 13 June 1989
Urges the administration to refrain from submitting any proposal to include maritime transportation in the forthcoming General Agreement on Tariffs and Trade (GATT) discussions regarding trade in services industries and to oppose any proposals by foreign nations which are similar or which could result in a contraction of the U.S.-flag merchant marine.
United States · United States Congress · 8 June 1989
Air Toxics Control Act of 1989 - Amends the Clean Air Act to establish a list of hazardous air pollutants. Permits any person to petition the Administrator of the Environmental Protection Agency for additions to or deletions from such list. Requires the presentation of adequate data concerning health or environmental effects for such additions or deletions. Prohibits air pollutants for which national air quality standards have been established, with specified exceptions, from being added to such list. Directs the Administrator to review and revise such list at least every five years. Requires the Administrator to list and establish emissions standards for categories of major emitting facilities. Establishes a timetable for the promulgation of such standards, requiring standards for all categories within eight years of this Act's enactment. Directs the Administrator to review and, if necessary, revise such standards at least every five years. Requires the Administrator, within four years of promulgating standards for a category, to evaluate risks to human health and the environment remaining after application of such standards. Provides for revisions of such standards for carcinogens or other pollutants not meeting emissions thresholds. Authorizes the Administrator to promulgate design, equipment, work practice, and operation standards for major emitting facilities under this Act. Directs the Administrator to promulgate such standards when it is infeasible to establish a numerical emission limitation standard for any category. Requires such standards to: (1) achieve reductions comparable to numerical emission limitations under this Act; (2) include leak prevention, detection, and correction requirements unless the Administrator finds such requirements infeasible or unnecessary; (3) require owners or operators of major emitting facilities to carry out annual safety inspections to locate leaks and unpermitted releases and to report the results of such inspections to the permitting authority; and (4) include procedures for monitoring or measuring emissions and for demonstrating compliance with such requirements. Authorizes the Administrator to establish a de minimis level for emissions from categories of facilities under this Act, provided that such level does not exceed 10 tons annually for any single hazardous air pollutant or 25 tons annually for a combination of such pollutants. Makes it unlawful to construct or modify a major emitting facility or to emit any pollutant subject to this Act's standards, except in compliance with a permit. Outlines the requirements of the permit program. Limits permits to five-year periods. Requires inspections of facilities for permit issuances or renewals. Authorizes the issuance of a temporary permit if a facility owner or operator certifies that the facility is in compliance with applicable standards. Requires the permitting authority to review and inspect such facility to determine whether a full permit should be issued. Requires compliance with standards by existing facilities within three years of the promulgation or revision of such standards. Exempts facilities from standards for carcinogens or nonthreshold air pollutants if a permit contains alternative emission limitations which will prevent adverse health or environmental effects. Grants extensions for permit compliance to existing facilities under specified conditions. Authorizes the President to exempt any facility from any standards for up to two years if the technology to implement such standards is unavailable and the operation of the facility is required for national security reasons. Authorizes additional two-year extensions of such exemptions. Requires the President to report to the Congress with respect to each exemption or extension. Allows exemptions from emission standards for facilities which achieved reductions of at least 95 percent from uncontrolled emissions of a hazardous air pollutant prior to proposal of the standard. Directs the Administrator to conduct an urban pollution research program to include: (1) ambient monitoring for a broad range of hazardous air pollutants in a representative number of urban locations; (2) analysis to characterize the area sources of such pollution and the health risks posed by such pollutants; and (3) consideration of factors which elevate such health risks. Requires State air pollution agencies which receive Federal grants and have responsibility for metropolitan areas with populations over 250,000 to establish monitoring programs to measure the concentrations of hazardous air pollutants. Directs the Administrator to list and promulgate emissions standards for categories of area sources of hazardous air pollutants. Establishes a timetable for the promulgation of such standards, requiring standards for all categories within eight years of this Act's enactment. Requires the Administrator to review and, if necessary, revise such standards at least every five years. Authorizes States to submit to the Administrator for approval programs for the implementation and enforcement of permits or standards concerning areas sources. Permits the transfer of the Administrator's enforcement authorities to a State. Requires the Administrator to publish guidance for use in program development. Sets forth provisions regarding approval of such programs. Requires the Administrator to review State programs at least every two years and to withdraw approval of any program if determined that a State is not administering or enforcing such program. Authorizes the Administrator to make grants to States for program development. Requires the Administrator to: (1) investigate the sources of atmospheric deposition of hazardous air pollutants on the Great Lakes and tributary waters and evaluate the adverse human health and environmental effects of such deposition; (2) report the results of such investigation to the Congress; and (3) promulgate further emissions standards or control measures necessary to prevent the effects of such deposition. Directs the Administrator to report to the Congress on the implementation of certain requirements under this Act and to maintain a database on pollutants and sources subject to provisions of this Act. Requires such report to identify specific metropolitan areas which experience high risks to human health as the result of hazardous air pollutant emissions and the sources of such emissions. Makes available to the public any information submitted to a permitting authority. Directs the Administrator to establish and maintain an air toxics clearinghouse, control technology center, and risk information center to provide technical assistance and information to States, local agencies, and the public on emissions reduction. Requires the Administrator to review and, if necessary, revise risk evaluation guidelines at least every five years. Require such evaluations to evaluate direct and indirect exposure pathways. Directs the Administrator to establish standards and procedures for the certification of persons preparing such evaluations. Requires the Administrator to publish a list of air pollutants which: (1) are emitted by motor vehicles into the ambient air or into the interior of a motor vehicle; and (2) cause or contribute to air pollution which may result in serious adverse effects to human health or the environment. Sets forth the same petitioning, review, revision, and risk evaluation procedures as those applicable to major emitting facilities. Establishes diesel particulates emissions standards for: (1) passenger vehicles and light trucks manufactured after 1991; and (2) heavy trucks and buses manufactured after 1990. Makes it unlawful, on the later of one year after this Act's enactment or January 1, 1991, to sell or introduce into commerce any leaded gasoline for use as a motor vehicle fuel. Requires the Administrator to promulgate regulations for the reduction of particulates from existing diesel buses. Permits requirements for municipal transit buses to be more stringent than those applicable to other buses. Directs the Administrator to list at least 100 substances which, as the result of an accidental release, may cause adverse human health or environmental effects. Treats liquids and gases identified by the Secretary of Transportation as toxic by inhalation as listed under this section if the Administrator fails to list 100 substances by the required deadline. Requires the Administrator to review substances which are not on such list but are listed under the Emergency Planning and Community Right-to-Know Act of 1986, this Act, and the list identified by the Secretary for possible additions to the list. Provides for petitioning and modification of such list, as appropriate. Requires the Administrator to update such list at least every five years. Directs the Administrator to: (1) establish de minimis quantities of listed substances; and (2) promulgate regulations to provide for prevention and detection of accidental releases of such substances from covered facilities and for response to such releases by owners or operators of such facilities. Requires such regulations to include monitoring, inspection, recordkeeping, storage, design, equipment, work practice, and operational requirements. Directs owners or operators of such facilities to implement risk management plans to detect and prevent or minimize accidental releases. Requires such plans to include hazard assessments, prevention programs, and response measures. Directs the Administrator to promulgate guidelines to assist in the preparation of such plans. Sets forth compliance and enforcement provisions. Requires the President to establish within the EPA an independent Chemical Safety and Hazard Investigation Board to: (1) investigate and report on accidental chemical releases; (2) propose corrective safety steps for chemical facilities; and (3) promulgate requirements for the reporting of such releases. Authorizes the Board to hold hearings, secure written reports from persons handling chemicals, obtain autopsy reports, and conduct inspections of any facility where an accidental release has occurred. Makes information obtained by the Board, with the exception of information concerning trade secrets, available to the public. Directs the Administrator to set forth reasons for any refusal to implement a recommendation of the Board. Requires the Board to report annually to the Congress on recommendations submitted to the Administrator regarding accidental releases. Authorizes appropriations. Repeals certain provisions of the Clean Air Act concerning the revision of stationary source regulations. Increases penalties for specified violations of such Act.
United States · United States Congress · 8 June 1989
Hazardous Materials Transportation Act Amendments of 1989 - Amends the Hazardous Materials Transportation Act (the Act) to require the Secretary of Transportation to issue regulations requiring any generator of a shipment of hazardous materials to transmit a manifest of its contents and the license plate or other identifying number of the carrier to the central reporting system and data center. Requires the Secretary to enter into a contract under which a private entity shall establish a central reporting system and data center to provide law enforcement and firefighting personnel with information and advice on dealing with emergencies connected with the transportation of hazardous materials (currently the Secretary is required to establish and maintain such a system and data center). Prohibits the appropriation of Federal funds for such system and data center. Permits the private entity to impose a fee for manifesting such a shipment if the generator is a Federal agency. Directs the Secretary to study the flow of hazardous materials in the United States. Requires the Secretary, in collaboration with the private entity, to report the results of such study to the Congress. Increases both civil and criminal penalties for violations under the Act. Sets forth specified terms and conditions with respect to the private entity's establishment and maintenance of the reporting system and data center.
United States · United States Congress · 8 June 1989
Directs the Secretary of Health and Human Services to enter into an agreement for the transfer of specified monkeys used in research at the Institute for Behavioral Research in Silver Spring, Maryland, to Primarily Primates, Inc., an animal sanctuary in San Antonio, Texas, the teaching zoo known as Moorpark College in Moorpark, California, or the San Diego Zoo in San Diego, California.
United States · United States Congress · 7 June 1989
Prohibits the importation of teak and fish products from Burma. Requires an importer of any such product to certify its origin to the Secretary of the Treasury.
United States · United States Congress · 6 June 1989
Directs the Secretary of the Interior to establish the Laguna de Santa Rosa National Wildlife Refuge in Sonoma County, California. Requires the Secretary to implement a resource management plan for the Refuge. Directs the Secretary to enter into a memorandum of understanding with the Director of the California Department of Fish and Game to set forth the responsibilities of parties implementing the plan. Authorizes appropriations.
United States · United States Congress · 6 June 1989
Privacy Assurance Act of 1989 - Amends the Federal criminal code to authorize the interception of wire, oral, or electronic communications in non-law enforcement cases only where all parties (under current law, one of the parties) to the communication have given prior consent to such interception. Establishes criminal penalties for the manufacture, assembly, possession, or sale of any voice-actuated recorder in interstate or foreign commerce, unless such recorder has: (1) a beep-tone designed to be audible to a person whose communications are recorded; and (2) a warning label indicating the prohibition on surreptitious interception of communications and the possession of devices primarily useful for such interception. Authorizes recovery of civil damages from persons or entities which engage in the manufacture, assembly, possession, or sale of such devices which fail to have a beep-tone and warning label.
United States · United States Congress · 6 June 1989
Designates June 21, 1989, as Chaney, Goodman, and Schwerner Day. Expresses the sense of the Congress that the Voting Rights Act of 1965 has helped to fulfill the promise of democracy in this Nation. Reaffirms the goal of removing remaining barriers to full voter participation in this Nation.
United States · United States Congress · 1 June 1989
Job Center Network Act of 1989 - Directs the Secretary of Labor to establish and operate a demonstration program under which a grant shall be made to each of three eligible States to establish a centralized job center network program to coordinate employment and training resources. Authorizes appropriations for such grants from amounts transferred to the Employment Security Administration Account. Requires recipient States to establish a job center network program and a system of community-based job centers to administer it at the local level, and to report annually to the Secretary. Requires the Secretary to submit an interim report to the Congress on the demonstration program within two years, and a final report within four years. Requires each entity receiving Federal financial assistance for economic development to provide State public employment service offices with regularly updated listings of its job vacancies related to assisted activities.
United States · United States Congress · 1 June 1989
Oil Spill Tax Act - Amends the Internal Revenue Code relating to trade or business expenses to disallow the deduction for oil and hazardous substances cleanup costs if the Secretary of the Treasury receives notification from the relevant authority that the taxpayer has failed to comply with specified Federal environmental law. Disallows such deduction where it can be shown that the oil or hazardous substance discharge was the result of willful negligence or willful misconduct. Reduces the tax attributes of the taxpayer by the amount disallowed. Disallows a deduction for losses resulting from any oil or hazardous substance discharge if the cleanup costs of such discharge are disallowed as a deduction. Sets forth time limits for: (1) the Secretary to assess any deficiency attributable to the notification of noncompliance with Federal environmental law; and (2) the taxpayer to file a claim for credit or refund attributable to receipt of such notification. Establishes an account in the Treasury to consist of the increase in revenues resulting under this Act. Makes such amounts available for: (1) the revolving fund under the Federal Water Pollution Control Act for expenses related to removal of discharged oil; or (2) the Hazardous Substance Superfund. Directs the Secretary to report to specified congressional committees on the decrease of Federal revenues because of the allowance of the deduction for oil and hazardous substances cleanup costs. Requires the Secretary to report annually to such committees on the amount expended on environmental cleanup costs and the amount accruing to the Treasury by reason of the disallowance of such deduction.
United States · United States Congress · 31 May 1989
Waste Export Control Act - Amends the Solid Waste Disposal Act to establish as an objective of such Act the assurance that solid waste exports are managed 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. Exempts from this Act's requirements baled waste paper, glass cullet, metals, or plastic that: (1) have been separated by type from solid waste before export; (2) are exported for incorporation into new products with recycled content; and (3) are not hazardous wastes under the Solid Waste Disposal Act. 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 one year following such enactment date. Prohibits the export of solid waste from the United States unless the exporter has obtained a permit from the Administrator of the Environmental Protection Agency. 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. 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 facility handling waste subject to a permit. 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. Authorizes foreign governments to bring actions under the Comprehensive Environmental Response, Compensation, and Liability Act of 1986 when damages are incurred with respect to the export of hazardous substances from the United States. Prescribes criminal penalties for knowing violations of this Act.
United States · United States Congress · 25 May 1989
Utility Customer Refund Act of 1989 - Describes conditions under which a normalization method of accounting will not be assumed (for purposes of recapture of certain investment tax credits) in connection with the treatment of excess deferred tax reserves of public utility companies.
United States · United States Congress · 25 May 1989
Amends the Atomic Energy Act of 1954 to prohibit the use of tritium for nuclear explosive purposes. Authorizes the Nuclear Regulatory Commission, in time of war or national emergency, to order the recapture of tritium and to order entry into any facility for such recapture.
United States · United States Congress · 25 May 1989
U.S. Health Service Act - Title I: Establishment and Operation of the United States Health Service - Part A: Initial Organization - Establishes, as an independent entity within the executive branch, the United States Health Service (Service). Vests authority of the Service in the appropriate National Health Board and area health boards. Grants the Service the power of eminent domain. Directs the President to: (1) appoint 21 individuals to serve as members of the Interim National Health Board of the Service; and (2) designate two nominees as chairperson and vice chairperson of the Interim National Board. Declares that the members of the Interim National Board shall serve until the National Health Board holds its initial meeting in accordance with certain provisions of this Act. Sets forth the duties of the Interim National Board. Authorizes appropriations. Part B: Organization of Area Health Boards - Requires the Interim National Board to establish health care delivery regions throughout the United States which meet specified requirements. Sets forth procedures regarding election and appointment of members and certain officers of: (1) interim national, interim regional, and interim district health boards; and (2) initial and subsequent national, regional, district, and community health boards. Requires the National Health Board (National Board) to modify the boundaries of each health care delivery region after each census and at such other times as it deems necessary, provided such modification is approved in a referendum of registered users residing in an area whose regional identification would be changed by such modification. Requires each regional board, in certain circumstances, to review the appropriateness of district and community boundaries. Allows regional boards to modify such boundaries in certain circumstances, provided modification is approved in a referendum. Part C: General Provisions Regarding Health Boards - Sets forth the membership and terms of office of health boards. Provides for recall of board members for specified reasons and for filling vacancies on health boards. Provides for the manner of conducting meetings of health boards and for the compensation of members of the National Board and compensation of and payment of expenses for members of other health boards. Sets forth procedures for the establishment by the National Board of guidelines and standards required by or in furtherance of the objectives of this Act. Requires each regional board to provide orientation, education, and technical assistance to district and community boards. Requires the appropriate national board to provide such assistance to regional boards. Title II: Delivery of Health Care and Supplemental Services - Part A: Patients' Rights in Health Care Delivery - Requires the Service to ensure that every user is given the right to receive high quality care and supplemental services without charge and without discrimination. Sets forth a list of other basic health rights. Amends the Fair Labor Standards Act of 1973 to entitle certain employees to health leave compensation, subject to specified exceptions which exist in current law as exceptions to minimum wage and maximum hours provisions. Part B: Eligibility for, Nature of, and Scope of Services Provided by the Service - Declares all individuals, while within the United States, to be eligible to receive health care and supplemental services under this Act. Excludes personal comfort or cosmetic services unless they are necessary for health-related reasons. Requires the Service to provide in the United States specified services in or through facilities established by the Service. Prohibits the Service from providing such services in a region, district, or community other than under the auspices of a regional, district, or community board established in accordance with this Act. Requires the Service to provide specified supplemental services in or through health care facilities established by the Service. Provides for reimbursement by the Service of the cost of emergency health care services under certain circumstances. Part C: Health Care Facilities and Delivery of Health Care Services - Requires each community board to establish and maintain such health care facilities as are necessary for efficient and effective delivery or comprehensive primary health care services, specialized health care services, special services, and community-oriented health measures which are provided, as much as possible, through a single comprehensive health center. Requires each district board to establish and maintain in its district a general hospital, such other health care facilities as are necessary, and such health care services of a specialized nature as may be provided most effectively and efficiently at the district level. Requires each regional board to establish and maintain: (1) a regional medical facility for highly specialized health care services; (2) health care and supplemental services for individuals whose needs cannot be met by community or district boards; and (3) such other facilities as are necessary. Requires each area health board to: (1) hire health workers; (2) purchase or lease necessary premises; and (3) seek to minimize fragmentation and duplication in delivery of health care. Requires each regional board to provide for affiliation and coordination within its region and with adjacent regions. Requires the National Board to establish guidelines for distribution and coordination of the delivery of health care services and plan and transition to the new facilities for affected workers. Requires regional boards, if a community or district board fails to provide health services, to provide the services. Requires each health board to establish policies and organizational plans consistent with provisions of this Act. Requires such boards, in establishing, implementing, and modifying such policies and plans, to seek participation of affected workers and users. Provides for a health board, if it determines that it cannot itself effectively manage the operation of all facilities, to establish a health care facility board or boards. Specifies elements to be provided for in the policies and organizational plans established by health boards. Prohibits a health board, on and after three years after the effective date of health services, from permitting its health care facilities to be used for the private delivery of health services. Prohibits individuals employed by a health board from engaging in the private delivery of health services. Requires each health board to ensure that health facilities it operates which provide outpatient services are open during hours which permit all users to make use of such services. Sets forth requirements for facilities providing inpatient services for 30 continuous days or longer. Requires each health board to provide that, at least once each year, the inpatients of facilities providing inpatient services for 30 continuous days or longer shall elect, from among themselves and representatives of certain user associations, a review committee of not less than three members. Provides for recall and proxies with respect to such committees. Requires various health boards to conduct regular inspections of specified facilities. Requires area health boards to provide: (1) contraception information and materials; (2) evaluation and treatment for venereal diseases and diseases of the reproductive organs; (3) information and counseling regarding pregnancy, child bearing, and possible genetically induced anomalies; (4) pregnancy testing; (5) prenatal services; (6) abortion services; and (7) counseling by women for specified services and counseling by men for specified services. Requires all such services to be delivered without coercion or harassment, with confidentiality, and without prior approval of individuals other than the individual receiving the services. Requires that individuals be permitted to be accompanied by a person of their choice during the provision of such services, subject to exception. Sets forth restrictions and requirements for informed consent regarding: (1) treatments or procedures which could affect an individual's reproductive capacity; and (2) mastectomy or other breast cancer treatment. Requires that women giving birth have the right to choose from a complete range of childbirth options. Title III: Health Labor Force - Part A: Job Categories and Certification - Declares that, notwithstanding State laws to the contrary, the Service shall be the sole judge of the qualifications of its employees. Requires each area health board to insure that work is performed by certified health workers. Mandates health boards to provide for periodic review and assessment of competency. States that area health boards shall provide opportunities for assessment and certification of skills required for advancement. Requires the National Board to establish guidelines for classification, certification, and employment of health workers. Requires that such guidelines: (1) permit alternative approaches to healing, when such approaches have not been shown to be injurious to health; (2) have both flexibility and uniformity to meet stated objectives; and (3) require that each health worker employed by a community board work part of the time in a facility operated by a district or regional board and each health worker employed by a district or regional board work part of the time in a health care facility operated by a community board. Mandates that the National Board periodically evaluate job categories and certification practices established by area health boards and assist regional boards in applying certain guidelines. States that each regional board, for job categories requiring advanced specialty training, shall establish certification standards which contain certain specifications made by the National Board. Requires recognition of training, experience, and performance undertaken or demonstrated before the establishment of health team schools under part B of this title. Requires each board to periodically review, supplement, modify, or eliminate such standards. Part B: Education of Health Workers - Requires each regional board, in consultation with community and district boards, to establish a health team school (school) to provide initial and continuing basic education in health care delivery and initial and continuing advanced education in health care specialties and health science specialty fields. Allows for collaboration between adjacent regions conducting joint educational programs. Requires that the schools be funded exclusively by the Service, prohibits them from charging or accepting tuition or fees, and requires them to provide each student with an allowance for living expenses, educational supplies, and any child care. Sets forth the principles under which the schools are required to be operated and maintained. Requires the National Board to establish guidelines for the application of such principles and for the phased integration of existing health worker education programs into the schools. Requires each regional board to establish and implement for the school: (1) admissions policies with certain required elements; (2) curriculum policies with stated elements; (3) faculty hiring procedures which will create a faculty which approximates the population of the region by race, sex, and language; and (4) a governance plan for the management of its school which gives significant decision making powers to staff and students. Prohibits enrolling any individual unless the individual agrees to perform health care services as an employee of the Service, in a job category for which training is being provided, for a period of time equal to the period of enrollment, but not less than two years, and subject to other terms and conditions. Entitles the Service, if an individual fails to start or fails to complete such service, to recover damages. Cancels payment of damages upon the death of the individual. Allows waiver or suspension of the obligation of service or payment if compliance is impossible or would involve extreme hardship and if enforcement would be unconscionable. Limits discharge of such obligation under bankruptcy. Mandates that each area board periodically assess the ratio of the health workers employed by the board in each job category to the number of residents in the area. Gives priority in hiring individuals obligated to perform service to health worker shortage areas and, as a second level of priority, to the regional, district, or community board for the region, district, or community in which the program was completed. States that the National Board shall establish a program to match the preferences graduates have for locations with the needs and preferences of various boards. Requires the National Board to make payments of principal and interest on certain loans incurred by individuals for an educational program in health care delivery, health care specialties, or health science fields which is outstanding on the day that individual begins to work for the Service. Establishes a schedule for such payments. Part C: Employment and Labor-Management Relations Within the Service - Requires health boards to employ, classify, and fix the salaries and benefits of all employees of the Service. Mandates that the appropriate National Board provide for: (1) employment and promotion in the Service in the same manner as under the Federal civil service system; (2) opportunities for advancement; (3) use of work time for continuing education without loss of pay or other rights; and (4) hearings on adverse actions. States that health boards shall give hiring preference to individuals employed as health workers before enactment of this Act. Requires the National Board to ensure that all such individuals desiring employment in the Service find appropriate employment in the Service. Declares employees of the Service eligible for promotion or transfer to any position in the Service for which they are qualified. Mandates that each regional board establish and maintain a job placement service. Places restrictions on hiring relating to the: (1) ratio of health workers to residents; and (2) existence of a health worker shortage area in the same region. Declares that employees of the Service are covered by specified Federal laws relating to adverse actions, compensation for work injuries, civil service retirement, and withholding of pay for the Civil Service Retirement and Disability Fund, subject to exceptions relating to collective bargaining agreements and conditioned on approval by the Office of Personnel Management. Declares sick and annual leave and compensatory time of employees of the Service, whether accrued prior to or after the commencement of operations of the Service, to be obligations of the Service. Requires compensation, benefits, and other terms and conditions of employment to be the same on the effective date of health services as for Federal Government employees until changed by the Service. Makes specified provisions of Federal law relating to unemployment compensation and life insurance apply to employees of the Service unless modified. Prohibits changes in fringe benefits which result in a program which is less favorable to employees of the Service than fringe benefits for employees of the Federal Government on the effective date of health services. Declares that the provisions of the National Labor Relations Act shall apply to the Service and its employees, subject to specified exceptions. Declares that provisions of Federal law relating to participation in a strike shall not apply to employees of the Service. Authorizes provisions in collective bargaining agreements between the Service and its employees regarding procedures for the resolution of grievances and adverse actions, including binding third-party arbitration. Amends the Labor-Management Reporting and Disclosure Act of 1959 to include the Service in the definition of the term "employer" under that Act. Provides that the remedies provided by stated Federal laws regarding jurisdiction and tort claims shall be exclusive of any other civil action or proceeding. Directs the Attorney General to defend any such action or proceeding. Provides, in certain circumstances, for removal and remanding of cases between State and Federal courts and for suspensions of specified limitations of time. Authorizes the Attorney General to compromise or settle such cases as provided in specified Federal law. Declares that assault or battery arising out of negligence in various health care functions is not an exception under specified Federal law to tort claims and jurisdiction provisions of Federal law. Authorizes the National Board to hold harmless or provide liability insurance for any employee of the Service under certain circumstances. Title IV: Other Functions of Health Boards - Part A: Advocacy, Grievance Procedures, and Trusteeships - Requires each area health board to establish a program of health advocacy with specified elements. Requires the National Board to establish a health rights legal services program, for users and health workers, providing specified elements. Requires each appropriate regional board to provide that any user, health worker, user association, or specified health board may commence grievance proceedings before specified health boards with respect to alleged violations of this Act. Provides for review of adverse decisions. Prohibits commencement or continuation of such review when suit is filed. Provides procedures for handling such grievances. Authorizes, in certain circumstances, the entity before which a grievance proceeding is commenced or reviewed to: (1) set aside an election of a community board and require a new election; and (2) if not involving a community board, require that a new election be conducted or a new appointment be made. Requires such entity to transfer such functions as necessary to the appropriate higher health board until a new election is conducted or a new appointment is made. Authorizes a health board which receives functions under such a transfer to appoint a trustee or trustee committee to carry out transferred functions. Part B: Occupational Safety and Health Programs - Requires the National Board to oversee occupational safety and health programs conducted at the regional level and to participate in the establishment and administration of occupational safety and health standards under the Occupational Safety and Health Act of 1970, with the advice and comments of regional occupational safety and health action councils established under this Act. Amends the Occupational Safety and Health Act of 1970 to substitute references to the National Health Board for references to the Secretary of Health and Human Services throughout such Act, with one specified exception. Adds references to the National Health Board to existing provisions in such Act regarding promulgation, modification, and revocation of safety and health standards. Ends responsibility of the Secretary of Health and Human Services for prescribing rules and regulations to carry out such Secretary's responsibilities under that Act. Adds a reference to consultation with the National Board to existing provisions relating to: (1) exemptions from required provisions on account of national defense; (2) conditions for approval of State safety and health plans; and (3) access to safety and health records and reports required of Federal agencies. Ends the authorization under a specified provision of such Act for the Secretary of Health and Human Services to prescribe regulations requiring employers to measure, record, and make reports on employees' exposure to certain substances or agents. Requires the National Board to establish guidelines for: (1) its participation in the establishment and administration of safety and health standards; (2) the election of community occupational safety and health action councils; (3) the establishment of regional occupational safety and health programs; (4) the establishment and operation of work place health facilities; and (5) the provision of assistance by various health boards to various safety and health councils, and to work place safety and health committees. Requires each community board to provide for the operation of a community occupational safety and health action council (COSHAC). Gives a formula for election of the members of COSHACs. Specifies the duties of each COSHAC. Requires each regional board to establish an occupational health and safety program for its region with specified elements, including staffing and supporting the operation of the regional occupational safety and health action council (ROSHAC). Specifies the responsibilities of each ROSHAC. Requires the employer in each work place to establish and maintain a health facility in or near the work place to meet occupational and emergency health care needs of employees, to be operated either by the community board or by the employer, and the cost, in either case, to be borne by the employer. Grants employees in each work place having 25 or more employees the right to establish work place occupational safety and health committees. Grants the members of such committees rights to engage in certain activities relating to inspections without loss of pay or other job rights. Authorizes employees to monitor conditions and to remove themselves from the site of any hazard without loss of pay or other job rights. Requires employers to minimize hazards and furnish employees with or reimburse employees for needed equipment or clothing. Specifies rights of employees regarding: (1) inspection of medical records maintained by their employers; (2) provision to employees of copies of all reports, studies, and data concerning health and safety in that work place; and (3) the seeking, through collective bargaining, of standards more restrictive than those established under the Occupational Safety and Health Act of 1970. Part C: Health and Health Care Delivery Research - Requires the Service to conduct a program of research concerning health and health care delivery. Transfers the National Institutes of Health from the Department of Health and Human Services to the National Health Board. States that the National Board shall establish five new national institutes: Epidemiology, Evaluative Clinical Research, Health Care Services, Pharmacy and Medical Supply, and Sociology of Health and Health Care. Specifies the duties of each such institute. Part D: Health Planning, Distribution of Drugs and Other Medical Supplies, and Miscellaneous Functions - Requires each area board to collect data on supply and demand regarding health workers and health care delivery. Requires each regional board to coordinate the planning and administration of health care delivery, health worker education, and health research in its region. Requires the National Board to formulate one-year and five-year national plans and budgets. Requires the National Board, after consultation with regional boards, to publish, and regularly update, a National Pharmacy and Medical Supply Formulary. Specifies the contents of the Formulary. Requires each regional board to establish a program for the purchase and distribution of drugs and other medical supplies. Authorizes the National Board to establish and operate drug and medical supply manufacturing facilities in certain circumstances. Requires the National Board to publish an annual report and a comprehensive dictionary of terms used in health care records and services maintained or provided by the Service. Title V: Financing of the Service - Part A: Health Service Taxes - Amends the Internal Revenue Code to add a new part imposing on individuals and corporations an additional tax of specified percentages of the normal tax and surtax imposed by a specified section of such code. Ends the income tax exclusion from gross income of amounts paid by third parties for medical care. Excludes from gross income employer contributions to accident or health plans to the extent that such contributions do not provide for health care available to such employees under the Health Service Act. Prohibits income tax deductions for: (1) health care expenses as a trade or business expense; and (2) contributions to certain medical and hospital facilities. Repeals provisions of the Internal Revenue Code relating to: (1) medical and dental expenses; (2) hospital insurance tax imposed on employment and self-employment income; and (3) receipts for railroad employees. Declares that no contractual or other nonstatutory obligation of any employer to pay or provide for health care for present or former employees and their dependents and survivors shall apply on or after the effective date of health services under this Act to the extent such individuals are eligible to receive such services under this Act. Prohibits Federal, State, or private worker compensation programs from paying for or providing any health care on or after the effective date of health services under this Act to the extent such care is available under this Act. Part B: Health Service Trust Fund - Creates in the Treasury the Health Service Trust Fund (Trust Fund). Appropriates to the Trust Fund amounts equal to 100 percent of the expected net receipts from specified provisions of the Internal Revenue Code. Appropriates to the Trust Fund a Government contribution equal to 40 percent of the amount appropriated under such 100 percent provision. Transfers to the Trust Fund all assets and liabilities of the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. Creates the Board of Trustees of the Trust Fund. Requires the investment of specified portions of the Trust Fund. Extends the purposes for which obligations of the United States may be issued under the Second Liberty Bond Act, to authorize the issuance at par of public debt obligations for purchase by the Trust Fund. Part C: Preparation of Plans and Budgets - Requires the National Board to annually fix the maximum amount of funds which may be expended from the Trust Fund during the fiscal year. Specifies criteria to be considered in determining such amount's maximum value. Authorizes the National Board to refix such maximum amount in certain circumstances. Authorizes the National Board to exceed such maximum amount as necessary because of epidemic, disaster, or other occurrence which was not and could not have been planned for. Authorizes the National Board to allocate, in addition to such maximum amount, funds borrowed under specified provisions of this Act. Requires each community, district, and regional board to annually submit fiscal year and five-year plans and budgets to the next higher level health board. Requires plans and budgets to be prepared in consultation with appropriate users, health workers, and health boards. Part D: Allocation and Distribution of Funds - Requires the National Board to annually transmit to regional boards a national health budget dividing the total funds available into funds for ordinary operating expenses, preventive health measures, capital expenses, research expenses, and special operating expenses. Requires funds for ordinary operating expenses, preventive health measures, and research expenses to be allocated to the regional boards on the basis of population. Requires funds for capital expenses to be allocated according to stated criteria. Declares the budget submitted to the regional boards by the National Board to be adopted upon the approval by a majority of the regional boards. Sets forth requirements, similar to those for the national health budget, for preparation and adoption of regional and district budgets. Defines "special operating expenses" to mean operating expenses associated with: (1) care and treatment for users 65 years of age and older; (2) care and treatment of persons confined to full-time residential institutions, including nursing homes and facilities for the treatment of mental illness; (3) the special health care needs of low-income users; (4) the special health care needs of rural users; (5) special health care needs arising from environmental or occupational health conditions; (6) special health care needs arising from unexpected occurrences, including epidemics and natural disasters; and (7) the conduct of environmental health inspection and monitoring services. Sets forth rules for allocation of special operating expenses. Requires funds allocated under the national health budget to be distributed by the National Board from the Trust Fund. Prohibits health boards from requesting or receiving funds from any other source. Sets forth rules regarding: (1) distribution of funds in the absence of an adopted budget; (2) maintenance of separate accounts by area boards; (3) payment of area health boards; and (4) allocation of supplementary funds required by events occurring or information acquired after initial allocations. Authorizes area boards to retain unused funds for two years following receipt. Requires any funds unexpended after such time to be returned to the Trust Fund. Mandates annual financial statements by area health boards. Grants the National Board and the Comptroller General of the United States, for the purpose of audits, access to any books, documents, papers, and records related to the operation of the Service. Part E: General Provisions - Authorizes the National Board to borrow money and to issue and sell obligations as necessary for this Act, but only in amounts specified in appropriations Acts. Limits the aggregate amount of such obligations outstanding at any one time. Authorizes the National Board to pledge the assets of the Trust Fund and pledge its revenues and receipts for various purposes related to such obligations. Authorizes the National Board to enter into a variety of covenants as necessary or desirable to enhance the marketability of such obligations. Declares that such obligations: (1) shall be negotiable or nonnegotiable, bearer or registered; (2) shall contain a recital that they are issued under a specified provision of this Act; (3) shall be lawful investments; (4) shall be exempt from State taxes; and (5) shall not, subject to exception, be obligations of the U.S. Government. Requires the National Board to advise the Secretary of the Treasury of the proposed sale of obligations. Authorizes such Secretary to elect to purchase the obligations. Authorizes the National Board, if the Secretary elects not to buy such obligations, to issue and sell them to a party or parties other than the Secretary, upon notice to the Secretary and consultation regarding various terms and conditions. Empowers the National Board to require the Secretary of the Treasury to purchase obligations of the Service. Prohibits any required purchase which would result in a holding by the Secretary in excess of a specified amount. Makes obligations issued by the Service obligations of the U.S. Government under certain circumstances. Authorizes the Secretary of the Treasury, for the purpose of any purchase of the obligations of the Service, to use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act. Extends the purposes of such Act to include any purchases of the obligations of the Service under this part. Title VI: Miscellaneous Provisions - Repeals, on the effective date of health services, the Public Health Service Act, except for specified provisions relating to: (1) its short title and definitions; (2) licensing, quarantine, and inspections authority; and (3) safety of public water systems. Delays, until four years after the effective date of health services, repeal of portions of the Public Health Service Act regarding provision of assistance to educational institutions and their students, in areas which have not established health team schools under part A of title III of this Act. Repeals specified provisions of the Social Security Act relating to maternal and child health, Medicare, Medicaid, professional standards review, entitlement to hospital insurance benefits, uniform health reporting systems, limitation on Federal participation for capital expenditures, the program for determining qualification for certain health care personnel, disclosure of ownership and related information, disclosure of certain convictions, and payments to States for health care and supplemental services. Repeals specified provisions of Federal law relating to health insurance for Federal employees, medical benefits and programs relating to veterans, and the civilian health and medical program of the uniformed services. Repeals the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970, the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act Amendments of 1974, and a specified provision of the Comprehensive Drug Abuse Prevention and Control Act of 1970 relating to medical treatment of narcotic addiction. Repeals Federal law relating to hospitals, community hospitals, and other health facilities for Indians. Repeals the District of Columbia Medical Facilities Construction Act of 1968 and the District of Columbia Medical and Dental Manpower Act of 1970. Repeals specified provisions of the National Housing Act relating to mortgage insurance for nursing homes, hospitals, and group practice facilities. Repeals the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963, the Family Planning Services and Population Research Act of 1970, the National Arthritis Act of 1974, and the National Diabetes Mellitus Research and Education Act. Repeals specified provisions of the Lead-Based Paint Poisoning Prevention Act relating to grant, demonstration, and research programs for lead-based paint poisoning prevention. Repeals the Act of March 2, 1897, relating to tea importation. Repeals specified provisions of the Occupational Safety and Health Act of 1970 relating to the National Institute for Occupational Safety and Health. Requires the President to prepare and submit to the Congress legislation to repeal or amend provisions of laws which are inconsistent with this Act, including the transfers of authority of the Secretary of Health and Human Services, under specified provisions of Federal law, to the Service. Sets forth various requirements regarding review and reporting to the President and the Congress concerning how the Service is carrying out the purposes of the various programs authorized to be conducted by provisions repealed by this Act. Transfers to the Health Service Trust Fund amounts appropriated to carry out the purposes of any law repealed by this Act. Provides transition rules regarding contracts entered into or rights or obligations arising before the effective date of such repeals. Amends the Budget and Accounting Act, 1921 to require that each budget submitted by the President set forth items relating to the Health Service Trust Fund separately from other operations of the Government. Declares that, if any provisions of this Act are declared invalid, the remainder of the Act shall not be affected.
United States · United States Congress · 24 May 1989
Older Americans' Freedom to Work Act of 1989 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to remove the limitation on the amount of outside income which beneficiaries who have attained retirement age may earn without incurring a reduction in benefits.
United States · United States Congress · 24 May 1989
Racial Justice Act - Prohibits the imposition or the carrying out of the death penalty in a racially disproportionate pattern. States that a racially disproportionate pattern occurs when the penalty of death is imposed: (1) more frequently upon persons of one race; or (2) more frequently as punishment for crimes against persons of one race. Provides that ordinary methods of statistical proof shall suffice to establish a racially disproportionate pattern. States that it shall not be necessary to show discriminatory motive, intent, or purpose on the part of any individual or institution. Establishes the requirements for a prima facie showing that a racially disproportionate pattern exists. States that the Government may rebut a prima facie showing by establishing by clear and convincing evidence that identifiable nondiscriminatory factors explain the racial disparities constituting the disproportion. Requires any State or Federal entity that provides for the imposition of the death penalty to collect and maintain pertinent data on the charging, disposition, and sentencing patterns for all cases of death-eligible crimes. Provides for the appointment of counsel for all indigent clients (and the furnishing of investigative and other services) for habeas corpus actions arising under this Act. Provides that no State court determination on the merits of a factual issue pertinent to a claim under this Act shall be presumed to be correct unless: (1) the State has collected and maintained the necessary death penalty data; and (2) the determination was made in a court proceeding where the defendant was afforded his rights required under this Act. States that the failure to raise such a claim before the enactment of this Act shall not bar future claims.
United States · United States Congress · 23 May 1989
Drug Treatment and Crime Reduction Act of 1989 - Adds a new title XXI to the Social Security Act: Addiction Treatment Services. Directs the Secretary of Health and Human Services to make no fewer than ten five-year grants to organizations for establishing and operating a comprehensive drug and alcohol addiction treatment program (CDAAT Program). Requires that no less than 50 percent of a CDAAT Program's participants be individuals whose family gross income does not exceed 200 percent of the Federal poverty line and that any charges for services be based upon an individual's ability to pay for such services. Directs grantees to arrange for a participant's receipt of a preliminary needs assessment, case management services, and treatment which is designed to reduce or eliminate physical or psychological dependence on controlled substances, alcohol, or prescription drugs and includes psychotherapy or counseling as an integral part of the treatment. Requires that family or marriage counseling and training in social or vocational skills be included as Program services where available on a reasonable cost basis and essential to the achievement or maintenance of successful treatment. Requires an evaluation unit to compile information on CDAAT Program participants and treatment services provided to such participants and transfer such information each quarter to the grantee and the Secretary at the grantee's expense. Provides payments to grantees on the basis of their actual costs during the first two years of the Program and pursuant to a prospective payment system during the three remaining years of the Program. Creates the Addiction Treatment Services Trust Fund and appropriates to it amounts which are attributable to this Act's increase of excise taxes on alcohol and certain tobacco products. Requires an annual estimate of the fund's surplus or deficit. Provides for the use of copayment and reductions in payment limits and the use of the annual or cumulative surpluses to eliminate any deficits. Establishes in the fund a separate cumulative account of surpluses and deficits. Provides for confidentiality of records of patients under this title. Prohibits the use of records for criminal investigative or prosecutorial purposes except under court order. Makes special provision for coordination of regulations regarding records of veterans suffering from alcohol abuse or alcoholism. Requires grantees to submit annual reports on the effectiveness of their CDAAT Programs. Amends the Internal Revenue Code to increase alcohol and tobacco excise taxes. Directs the Secretary to contract with the National Academy of Sciences to conduct a study of the clinical and cost effectiveness of various drug and alcohol addiction treatment methods and services. Requires a study and report to the Congress on the costs and benefits of expanding CDAAT Programs to provide funding for treatment services for nicotine addiction. Directs the Secretary to establish a national uniform drug and alcohol abuse data collection system within one year of this Act's enactment.
United States · United States Congress · 23 May 1989
Commends the demonstrators in Tiananmen Square in Beijing and throughout China for their use of nonviolent means to achieve reform. Urges the Chinese Government to reach an accommodation with the demonstrators and work toward a democratic China.
United States · United States Congress · 23 May 1989
Expresses the sense of the Congress that: (1) the Chinese Government should establish a democratic society with a free and open political system that will protect the human rights of all people living within that country; and (2) the President and Secretary of State should communicate to the Chinese Government that official violence directed at demonstrators will have implications for U.S. relations with that country.
United States · United States Congress · 18 May 1989
International Plutonium Control Act - Urges the President to seek negotiations with the Soviet Union on a verifiable agreement to end the production by both countries of plutonium and highly enriched uranium for weapons purposes. Expresses the sense of the Congress that the United States and the Soviet Union should: (1) establish verification arrangements to monitor the cessation of activities under this Act, including mutual inspections of production reactors, chemical separation and uranium enrichment facilities, and isotope separation plants; (2) furnish the equipment and personnel to implement safeguards at civilian nuclear facilities and consider transferring the safeguards mission to the International Atomic Energy Agency; and (3) consider increasing their respective contributions to the Agency to fund the assignment of fully trained inspectors to each country to assume additional safeguards responsibilities at civilian nuclear facilities. Urges the President to seek agreement with the Soviet Union that the United States and the Soviet Union will: (1) exchange information on the location, mission, and maximum annual capacity of their facilities essential to the production of tritium for stockpile replenishment; and (2) provide to each other a complete inventory of facilities dedicated to the production of plutonium and uranium for weapons purposes. Prohibits funds from being obligated or expended by the United States to operate facilities dedicated to the production of plutonium for weapons purposes unless the President certifies to the Congress that: (1) the Soviet Union has refused to enter in good faith into the negotiations; (2) the United States is unable to determine that Soviet facilities producing plutonium have ceased operation; or (3) the Soviet Union is continuing to obtain plutonium by operating civilian chemical separation plants that are not under bilateral U.S.-Soviet safeguards.
United States · United States Congress · 18 May 1989
Food Irradiation Safety and Labeling Requirement Act of 1989 - Prohibits the Secretary of Agriculture from implementing pork irradiation regulations and the Secretary of Health and Human Services from implementing other food irradiation regulations. Requires the Secretary of Health and Human Services to arrange for and report within two years on a study of the risks to human health and the environment presented by food irradiation. Amends the Federal Food, Drug, and Cosmetic Act to require that food for domestic use or export which has been irradiated be labeled in a prescribed fashion. Requires restaurant menus to indicate when foods have been irradiated. Requires persons irradiating food to report semiannually to the Secretary.
United States · United States Congress · 18 May 1989
Expresses the sense of the Congress that the Secretary of the Interior should take expedited action to list the African elephant as an endangered species under the Endangered Species Act.
United States · United States Congress · 17 May 1989
Irrigation Subsidies Reform Act of 1989 - Amends the Agricultural Act of 1949 to prohibit a producer who receives Federal irrigation water at less than full cost from participating in any agricultural price and income support program.
United States · United States Congress · 16 May 1989
Amends the Animal Welfare Act to permit citizen suits to compel enforcement of such Act. Authorizes the court in such suits to award litigation expenses, including attorney fees, to: (1) a prevailing plaintiff; or (2) a prevailing defendant if such action is found to be frivolous, unreasonable, or without foundation.
United States · United States Congress · 16 May 1989
Correctional Alternatives Act of 1989 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Director of the Bureau of Justice Assistance to make grants to States to carry out: (1) projects that demonstrate alternatives to incarcerating individuals who are convicted of nonviolent crimes; and (2) jointly with private entities, vocational educational projects, and job training projects, that are also alternatives to incarcerating such individuals. Sets forth the application procedure for such grants. Authorizes appropriations for FY 1990 through 1993.
United States · United States Congress · 16 May 1989
Women's Business Equity Act - Amends the Small Business Act to establish the Office of Women Business Enterprise (the Office) to promote executive branch programs which facilitate women's business enterprises. Authorizes the Office to develop comprehensive interagency plans and specific program goals for women's business enterprises. Sets forth certification guidelines for such enterprises. Adds to existing goals for participation of small business concerns in Federal procurement contracts the participation of small business concerns owned and controlled by women. Requires the head of each Federal agency to report to the Small Business Administration (SBA) on the extent that small business concerns owned and controlled by women participate in procurement contracts and subcontracts. Declares it to be the policy of the United States that small business concerns owned and controlled by women shall have the maximum opportunity to participate in the performance of contracts and subcontracts let by any Federal agency. Precludes the award of any contract unless the procurement authority determines that the offeror's plan includes the maximum opportunity for participation of small business concerns owned and controlled by women. Requires the SBA to report annually to certain congressional committees on subcontracting plans found acceptable by any Federal agency which the SBA determines do not contain maximum opportunities for small business concerns owned and controlled by women. Requires each Federal agency having procurement powers to: (1) affirmatively solicit offers from small business concerns owned and controlled by women and socially and economically disadvantaged individuals; and (2) include at least one bid from a women-owned business enterprise for specified small purchases of such agency. Imposes penalties for the misrepresentation of a business concern as one owned or controlled by women.
United States · United States Congress · 16 May 1989
Declares that it is U.S. policy to: (1) work with and furnish assistance to tropical forest nations to ensure maintenance and sustainable uses of such forests; (2) encourage nongovernmental organizations to implement sustainable forest management programs for conservation of tropical forests and biological diversity; (3) support model demonstration projects for sustainable use and conservation and support increased research and training in forest ecology and management; and (4) establish bilateral agreements with interested nations to share technology, experience, training, and research in tropical forest conservation. Requires the President to report to the Congress on the progress made in carrying out this Act.
United States · United States Congress · 16 May 1989
Expresses the sense of the Congress that: (1) the Exxon Company must dedicate necessary resources and pay all required expenses to compensate affected parties, mitigate impacts, and complete cleanup by September 15, 1989, of Prince William Sound and other Alaska lands and waters damaged by the Exxon Valdez oil spill; and (2) the scope and thoroughness of the cleanup shall be determined by the U.S. Coast Guard to achieve maximum benefit of fish and wildlife habitat and the Alaska environment.
United States · United States Congress · 11 May 1989
Clean Air Restoration Act of 1989 - Title I: General Provisions for Nonattainment Areas - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency to publish guidelines for enhanced State monitoring of ozone, oxides of nitrogen, volatile organic compounds (VOCs), carbon monoxide, and particulate matter 10 (PM 10) and for improved inventories of emissions of such substances. Directs the Administrator to establish emissions factors for estimating emissions of such substances from stationary sources which emit less than 25 tons per year of such pollutants. Requires State plan revisions submitted after this Act's enactment for ozone, carbon monoxide, or PM 10 nonattainment areas to provide for the maintenance of the attainment standard for 20 years after such submission. Directs the Administrator to periodically review and revise such plans, as necessary, to insure the maintenance of such standard. Revises the boundaries of ozone and carbon monoxide nonattainment areas which are classified as Extreme or Severe and are located within Metropolitan Statistical Areas (MSA) or Consolidated Metropolitan Statistical Areas (CMSA) to include the entire MSA or CMSA. Authorizes the Administrator to modify nonattainment areas classified as Moderate or serious for ozone, carbon monoxide, or PM 10 to encompass the entire MSA or CMSA if such modification is necessary to attain the air quality standard. Requires permits issued in nonattainment areas for stationary sources to provide for: (1) quarterly reports to the permitting authority on monitoring measures; and (2) annual certifications to such authority demonstrating compliance with such permit. Prohibits the issuance of any permit unless such authority has conducted an on-site inspection of the source or emissions unit. Allows new or modified stationary sources to comply with any offset requirement for increased emissions of any air pollutant by obtaining enforceable emissions reductions of such pollutant from other sources in the same nonattainment area. Requires such reductions to be in effect by the time such sources commence operation and to insure that the total tonnage of increased emissions is offset by a greater reduction in the actual emissions from other area sources. Title II: Provisions Applicable to Ozone Nonattainment Areas - Classifies ozone nonattainment areas as Moderate, Serious, Severe, or Extreme, based upon the percentage by which the air quality standard is exceeded in the area. Authorizes the Administrator to adjust the classification of areas which would be classified in another category if the ozone level in such areas were ten percent greater or less. Requires the Administrator to promulgate special rules for rural nonattainment areas where area sources do not make significant contributions to the ozone concentration in such areas. Directs States with classified ozone nonattainment areas to submit compliance strategies to the Administrator. Requires such strategies to provide for: (1) meeting an initial milestone for emissions reductions; (2) improved monitoring of ozone, oxides of nitrogen, and VOCs; (3) annual statements from owners or operators of stationary sources showing emissions of oxides of nitrogen and VOCs; and (4) annual emissions inventories to be submitted to the Administrator. Waives the requirement for owners or operators of stationary sources which emit less than 25 tons annually of VOCs if the State provides an inventory of emissions of such sources. Applies requirements for State permits with respect to air quality standards to statements for stationary sources which emit 25 tons or more annually of oxides of nitrogen or VOCs. Deems such sources to be major stationary sources. Establishes fees to be collected by States for each ton of emissions of such substances and approval procedures for compliance strategies. Directs the Administrator to publish oxides of nitrogen and VOC emissions reduction targets for Serious, Severe, and Extreme ozone nonattainment areas. Provides for reductions or increases in such targets based upon percentage reductions or increases over a 1988 emissions inventory. Directs the Administrator to publish a VOC emissions reduction milestone for such areas to require a 20 percent reduction in emissions within four years of this Act's enactment based upon the 1988 emissions inventory. Requires additional milestones to be achieved within eight and 12 years of this Act's enactment. Sets forth attainment dates of four, eight, 12, and 16 years, respectively, for Moderate, Serious, Severe, and Extreme areas. Requires State implementation plans for Serious, Severe, and Extreme areas to be revised to include measures for meeting targets and milestones, conforming with compliance strategies, and attaining and maintaining revised ozone standards. Sets forth approval procedures for such plans. Requires the Administrator to audit biennially and, if necessary, revise such plans to assure compliance. Includes specified ratios for offsets of increased emissions by new or modified sources in permit requirements for Moderate areas. Requires compliance strategies or revised implementation plans for Serious and Severe areas to contain a permit program covering the construction and operation of certain new or modified emissions units. Requires certain emissions offsets by the time such units enter operation. Provides that such plans or strategies shall: (1) contain a motor vehicle inspection and maintenance program to reduce in-use emissions of VOCs and oxides of nitrogen in Serious areas; and (2) require the use of fill nozzles in such areas which prevent vapor discharge and vehicle fuel tank overflows on nozzle disconnect. Applies the nozzle requirement only to facilities which sell more than 10,000 gallons of gasoline per month (50,000 gallons per month in the case of certain independent small business gasoline marketers). Waives such requirement when the Administrator determines that onboard emissions control systems are in widespread use throughout the motor vehicle fleet. Requires such plans or strategies to require all buses which are purchased or leased by State or local governments after January 1, 1992, (for which such governments enter into contracts or for which engines are replaced after such date) and which are used for public transportation in Serious areas to be low-emission vehicles using low-emission fuels. Requires permits for the operation of certain existing stationary sources in Serious, Severe, and Extreme areas. Requires such strategies or plans to establish a schedule requiring at least 30 percent of the new motor vehicles registered in Severe areas by 1998 to be low-emission vehicles using low-emission fuels. Prohibits the use of an emissions reduction trading program to comply with the reasonably available control technology requirement applicable to such sources under the Clean Air Act. Requires tanks used for motor vehicle liquid fuel storage in such areas to be capable of storing methanol. Prohibits the use of Federal funds for transportation planning in such areas unless the Administrator determines that such planning uses all available techniques for reducing aggregate vehicle emissions. Requires all new motor vehicles owned or operated by persons owning or operating 15 or more vehicles in a Severe area after 1992 to be low-emission vehicles using low-emission fuels. Provides that compliance strategies and State implementation plans for Extreme areas shall contain the same requirements as those for Severe areas. Provides that, eight years after this Act's enactment, each electric utility and industrial and commercial boiler emitting more than 25 tons annually of oxides of nitrogen in such areas shall: (1) burn natural gas, methanol, or ethanol (or a comparably low polluting fuel) as a primary fuel; or (2) use advance control technology for reduction of such emissions. Establishes a schedule for increasing in annual increments the percentage of new motor vehicles registered in such areas which are low-emission vehicles. Requires all model year 2000 vehicles to be low-emission vehicles. Authorizes the establishment of traffic control measures during heavy traffic hours to reduce the use of high polluting vehicles in such areas. Allows an Extreme area to apply for a four-year extension of the attainment date. Directs the Administrator to grant such extension if the area is reasonably expected to meet minimum emissions reduction targets and the implementation plan is adequate to meet the attainment standard by the extended date. Sets forth procedures to be applied in the case of noncompliance with plan and compliance strategy requirements, including emissions offsets for new or modified stationary sources or emissions units at a ratio of three to one and a prohibition on the approval of, or awarding of Federal funds for, highway projects in non-complying areas. Sets forth deadlines for States to demonstrate that all measures in compliance strategies have been implemented and that milestones have been met. Provides for reclassification of areas or the implementation of additional measures, including economic incentive programs in Severe and Extreme areas, if a State fails to meet emissions reduction milestones or to submit a demonstration. Directs the Administrator to establish guidelines for such programs. Sets forth administrative procedures for making determinations, including provisional determinations, of attainment of air quality standards during a three-year period. Directs the Administrator to reclassify Moderate, Serious, or Severe areas which fail to meet attainment deadlines into the next, more stringent, category. Requires States with Extreme areas failing to meet such deadlines to submit plan revisions providing for: (1) emissions offsets at a ratio of three to one for new or modified sources or emissions units in such areas; and (2) an economic incentives program to aid in reducing the total tonnage of VOC and oxides of nitrogen emissions by at least five percent annually prior to attainment of the standard. Establishes an ozone transport region comprised of coastal States on the east coast between Maine and Maryland and the CMSA including the District of Columbia. Authorizes the creation of additional regions, as necessary. Directs the Administrator to establish an ozone transport commission for each region. Requires each State within a region to submit to the Administrator a revised implementation plan which requires compliance with emission levels as if the region were classified as a Serious area for ozone. Exempts regions within a State that do not contribute significantly to ozone concentrations in Serious, Severe, or Extreme areas. Permits States or subdivisions to petition the Administrator for the inclusion of another State or portion of a State within an ozone transport region. Requires the Administrator to develop criteria for determining transboundary pollution for ozone. Authorizes the Administrator to pay up to 100 percent of the program costs of such commissions for two years. Directs the Administrator to: (1) list all categories of commercial and consumer solvents, architectural and other surface coatings, pesticide applications, traffic coatings, and military specification coatings which release significant evaporative emissions of VOCs; and (2) promulgate standards biennially, for eight years, to reduce emissions from the highest priority group of such substances to the lowest feasible emissions rate. Requires the Administrator to publish a list of the 12 categories of stationary sources for which control technologies have not been published and which make the most significant contribution to the formation of ozone air pollution. Directs the Administrator to publish guidance for such sources, including guidelines for monitoring emissions of VOCs and oxides of nitrogen, and review and, if necessary, update such guidelines. Requires owners or operators of sources emitting ten tons or more of VOCs annually to reduce such emissions by a specified percentage if guidance for such source has not been published. Directs the Administrator to publish a control technology document regarding control of VOC emissions from the loading of petroleum products on or off of vessels. Provides that such emissions shall be considered to be direct emissions of the onshore terminal. Title III: Provisions Applicable to Carbon Monoxide Nonattainment Areas - Classifies carbon monoxide nonattainment areas as Moderate, Serious, or Severe. Authorizes the Administrator to adjust such classifications under conditions parallel to those for ozone nonattainment areas. Requires the Administrator to publish carbon monoxide concentration milestones for Serious and Severe areas to be achieved within four and eight years of this Act's enactment, respectively. Sets forth attainment dates of four, eight, and twelve years, respectively, for Moderate, Serious, and Severe areas. Sets forth requirements parallel to those for ozone nonattainment areas for State plan revisions, content, approval, and auditing. Requires plans for Serious and Severe areas to include: (1) motor vehicle inspection and maintenance programs to reduce in-use carbon monoxide emissions; and (2) provisions requiring the use of oxygenated fuels for all gasoline-powered motor vehicles during periods identified as having carbon monoxide concentrations potentially in excess of air quality standards. Directs the Administrator to promulgate guidelines allowing the use of marketable oxygen credits from fuels with higher oxygen contents than required to offset the sale or use of fuels with lower contents than required. Waives the oxygenated fuel requirement upon a demonstration that the use of such fuels would prevent or interfere with an area's attainment of a standard for any other air pollutant. Requires persons selling oxygenated fuel to label the fuel dispensing system accordingly. Sets forth requirements parallel to those for ozone nonattainment areas for: (1) permit programs and emissions offsets in Severe areas; (2) persons owning or operating more than 15 vehicles in such areas; and (3) funding for transportation planning. Provides for a $5 per vehicle annual registration fee in such areas. Makes registration revenues available to the State air pollution control agency for developing carbon monoxide emissions reduction strategies. Sets forth requirements parallel to those for ozone nonattainment areas for noncompliance procedures and State demonstrations. Provides for the implementation of an incentives program to reduce vehicle miles traveled in Severe areas if milestones or demonstration requirements have not been met. Provides for reclassification and plan revision procedures parallel to those required for Severe and Extreme ozone nonattainment areas. Title IV: Provisions Applicable to PM 10 Nonattainment Areas - Classifies PM 10 nonattainment areas as Serious or Severe. Sets forth attainment dates of four and eight years after this Act's enactment, respectively, for Serious and Severe areas. Directs the Administrator to publish PM 10 concentration milestones for Severe areas to require a 50 percent reduction in concentrations within four years of this Act's enactment. Sets forth requirements parallel to those for ozone and carbon monoxide nonattainment areas for: (1) State plan revisions, content, approval, and auditing; and (2) permit programs for Serious and Severe areas. Requires permits for the operation of: (1) certain existing sources in Severe areas; and (2) new, modified, and existing sources of PM 10 precursors where such emissions contribute significantly to PM 10 concentrations in nonattainment areas. Sets forth requirements parallel to those for ozone and carbon monoxide nonattainment areas for noncompliance, State demonstrations, reclassifications, and plan revisions. Allows States which have submitted plan revisions for Severe areas to apply for a two-year extension of the attainment date. Provides that three to one offset requirements shall not apply to areas granted such extensions. Waives any PM 10 requirements if determined that anthropogenic sources of PM 10 do not contribute significantly to the violation of the PM 10 standard in the area. Directs the Administrator to: (1) list all important categories of PM 10 emissions and precursors; and (2) publish biennial guidelines concerning the best available control technology for PM 10 emissions from stationary sources in the highest priority group. Requires the Administrator to promulgate regulations for PM 10 emissions reduction from existing diesel buses in Severe areas to require the use of lower polluting fuels. Requires State plans to include annual PM 10 emissions inventories to be submitted to the Administrator. Provides for revisions of such plans if air quality standards are modified. Requires plans to contain measures to improve the ambient monitoring of PM 10. Title V: Mobile Sources - Sets standards for emissions of hydrocarbons, oxides of nitrogen, carbon monoxide, and particulates from: (1) passenger cars and light duty trucks manufactured after 1991; and (2) heavy duty trucks and buses manufactured after 1990. Directs the Administrator to promulgate standards for vehicles using low-emissions fuel. Requires the Administrator to evaluate and, if necessary, revise such standards at least every four years. Directs the Administrator to establish a minimum percentage of new motor vehicles to be certified as low-emissions vehicles. Requires the Administrator to promulgate emissions standards for internal combustion engines used in any vehicle or machine manufactured after January 1, 1993. Requires such standards to be proportional to those for motor vehicle engines of comparable horsepower using the same fuel. Directs the Administrator to add an idle test to the Federal Test Procedure for emissions from light duty vehicles manufactured after 1991. Permits only ten percent of vehicles manufactured after 1990 in a selective enforcement audit to fail motor vehicle testing. Requires the Administrator to review and revise, as necessary, testing regulations to insure that vehicles are tested under circumstances reflecting actual current driving conditions. Requires each vehicle and engine to comply with the applicable emissions standard (Current law permits averaging). Provides that the useful life of vehicles and engines manufactured after 1994 shall be ten years or 100,000 miles. Makes technical amendments to prohibitions on tampering with vehicle emission control devices. Directs the Administrator to require the use of best available technology to control evaporative emissions from motor vehicles for a vehicle's useful life. Sets standards for emission of hydrocarbons, carbon monoxide, and evaporative hydrocarbons from motorcycles manufactured after 1991. Requires the installation of onboard emission diagnostic equipment on motor vehicles. Directs the Administrator to: (1) promulgate regulations to reduce evaporative emissions from motor vehicle fuels; and (2) establish a standard for gasoline volatility. Requires new light duty motor vehicles manufactured in the second year after standards are promulgated to be equipped with onboard evaporative emissions control systems. Provides for carbon monoxide emissions testing at 20 degrees Fahrenheit of passenger cars and light duty trucks manufactured after model year 1992. Sets emissions standards at such temperature. Title VI: Miscellaneous Provisions - Requires the Administrator to establish requirements to control air pollution from Outer Continental Shelf sources. Authorizes States adjacent to such sources to submit to the Administrator procedures for enforcing such requirements. Directs the Administrator to delegate enforcement authority to States with adequate procedures. Authorizes the Administrator to substitute maximum allowable increases in particulate matter smaller than or equal to ten micrometers (PM 10) for maximum allowable increases in such matter specified under the Clean Air Act. Authorizes the Administrator to: (1) treat Indian tribes as States under the Clean Air Act; (2) delegate to such tribes primary responsibility for assuring air pollution control; and (3) provide such tribes grant and contract assistance to carry out such functions. Outlines requirements for such authorization. Authorizes the Administrator to promulgate other means for administering such authorities where such treatment is inappropriate. Directs the Administrator to list nonattainment areas for air pollutants other than those covered by this Act when a new or revised air quality standard is promulgated. Applies the PM 10 standards, excepting attainment deadlines and provisions relating to diesel buses, to such areas. Requires the Administrator to make information regarding emissions control technology available to States and the public through a central database. Repeals provisions concerning enforcement orders and violations by owners or operators of major stationary sources. Requires States to submit plan revisions for nonattainment areas failing to meet attainment deadlines for air pollutants other than those covered by this Act. Requires new or modified sources of such pollutants to comply with provisions of this Act and applies an emissions offset ratio of three to one to such pollutants. Directs the Administrator to conduct biennial audits of motor vehicle inspection and maintenance programs in Severe or Extreme ozone or carbon monoxide nonattainment areas. Increases and expands the scope of penalties and violations of the Clean Air Act. Authorizes appropriations for FY 1990 through 1994.
United States · United States Congress · 10 May 1989
Amends the Foreign Assistance Act of 1961 to authorize appropriations for FY 1990 and 1991 for health and child survival programs in developing countries.
United States · United States Congress · 9 May 1989
Americans with Disabilities Act of 1989 - Title I: General Prohibition Against Discrimination - Declares that it shall be discriminatory, on the basis of disability, to deny opportunities or to afford them unequally, to provide opportunities less effectively (or differently or separately, unless necessary for effectiveness), to assist an organization or individual that discriminates, or to otherwise limit opportunities enjoyed by others. Prohibits the use of standards, criteria, or administrative methods that have the purpose or effect of discrimination or perpetuate discrimination. Declares it discriminatory to deny equal opportunities because of the relationship or association of an individual with another individual with a disability. Allows as a defense to a charge of discrimination that an application of standards or criteria has been demonstrated to be both necessary and substantially related to the ability of an individual to take advantage of the essential components of the opportunity, and that the taking advantage cannot be accomplished by reasonable accommodations, modifications, or the provision of auxiliary aids or services. Title II: Employment - Prohibits discrimination by any employer, employment agency, labor organization, or joint labor-management committee against any qualified individual with a disability in job application procedures, hiring or discharge, compensation, advancement, training, and other terms, conditions, and privileges of employment. Lists types of actions construed to be discrimination. Makes the remedies set forth in specified provisions of the Civil Rights Act of 1964 and other specified Federal law available to any individual who believes that he or she is being or is about to be subjected to discrimination in violation of this Act. Title III: Public Services - Declares that no qualified individual with a disability shall be excluded from the participation in, denied the benefits of, or subjected to discrimination by a State, or by an agency, political subdivision, or other instrumentality of a State. Lists types of actions deemed, for purposes of this Act and specified provisions of the Rehabilitation Act of 1973, to be discrimination with regard to public transportation. Makes the remedies and rights set forth in specified provisions of the Rehabilitation Act of 1973 available to any individual who believes that he or she is being or is about to be subjected to discrimination in violation of this Act. Title IV: Public Accommodations and Services Operated by Private Entities - Prohibits discrimination on the basis of disability in the enjoyment of any place of public accommodation. Lists types of actions construed to be discrimination. Prohibits discrimination on the basis of disability in public transportation services provided by a private entity that is primarily engaged in transporting people, but that is not in the principal business of air transportation. Lists types of actions construed to be discrimination. Makes specified provisions of the Fair Housing Act relating to enforcement available, subject to exception, to any aggrieved individual. Title V: Telecommunications Relay Services - Defines "telecommunications relay services" to mean services that enable simultaneous communication between individuals who use telecommunications devices for the deaf (TDDs) or other nonvoice terminal devices and individuals who do not use such devices. Declares it discriminatory for any common carrier that offers telephone services to the public to fail to provide interstate or intrastate telecommunication relay services that are equal to those provided to their customers who are able to use voice services, except in any State in which services are provided through an entity designated by the State. Declares it discrimination by a State that makes such a designation if the State fails to provide interstate or intrastate relay services that are equal to those provided to their voice customers. Makes specified provisions of the Fair Housing Act relating to enforcement available, subject to exception, to any aggrieved individual. Requires the Federal Communications Commission to enforce this title. Makes specified provisions of the Communications Act of 1934 apply with respect to the enforcement of this title. Provides for cease and desist orders by the Commission and for monetary penalties. Title VI: Miscellaneous Provisions - Prohibits retaliatory discrimination against any individual because of actions related to this Act. Declares that a State shall not be immune under the 11th Amendment to the Constitution from an action in Federal court for a violation of this Act. Requires the Architectural and Transportation Barriers Compliance Board to issue minimum guidelines to supplement the existing Minimum Guidelines and Requirements for Accessible Design. Allows the awarding of reasonable attorney's fees, in certain circumstances, in any action or proceeding under this Act.
United States · United States Congress · 9 May 1989
Rape Prevention Act of 1989 - Directs the Attorney General to make grants to public and nonprofit private community organizations for the purpose of establishing or operating local projects to combat rape and other forms of sexual assault. Authorizes appropriations for FY 1990 through 1994.
United States · United States Congress · 8 May 1989
Amends the Internal Revenue Code to exclude from the gross income of an individual the following qualified employer-provided transportation benefits: (1) the value of transportation in a commuter highway vehicle between the employee's residence and workplace; and (2) up to $60 per month of the value of any transit pass entitling the employee to transportation on mass transit facilities.
United States · United States Congress · 4 May 1989
Workforce 2000 Employment Readiness Act of 1989 - Directs the Bureau of Labor Statistics (BLS) to publish reports, including interim reports, on the following employment data: (1) the total number of persons in an occupation group and in the labor force; and (2) the number of such persons, by sex, who are members of each race and ethnic category defined in Directive 15 of the Office of Management and Budget. Requires: (1) one report showing employment data for each occupation group and its hiring area as of April 1, 1990; and (2) further reports with such data as of each tenth year thereafter and any other year in which a mid-decade census is taken. Sets forth requirements for interim reports including deadlines. Requires such reports to include data quality reliability evaluations and recommended improvements. Directs the BLS to publish a biennial survey of compensation of workers, based on data from a representative sample of establishments, by each occupation group and hiring area for that group, broken down by the specified ethnic, racial, and gender categories. Requires each employer to maintain such compensation and other employment records, by employee, as the Secretary of Labor determines are necessary to carry out this Act. Requires maintenance of such records for five years after they are created, unless pending litigation or administrative proceedings require otherwise. Directs the Secretary of Labor to require such records to be maintained by the occupation group and hiring area categories established by the BLS and by the race, ethnic, and sex categories used for the required reports. Authorizes the BLS to require any person or governmental entity to furnish, onsite or offsite, the data and information the BLS needs to carry out its functions under this Act. Makes individually identifiable data and information furnished for such purpose confidential, not to be used for other purposes, and not subject to compulsory process. Sets penalties of fines or imprisonment for failure to keep or provide such data and information. Sets a deadline by which the Bureau of the Census must provide census data necessary for the BLS to perform its functions under this Act. Directs the BLS to establish an advisory council to advise on the implementation of BLS functions under this Act. Terminates such council seven years after its establishment. Directs the Secretary of Labor to report annually to the Congress on implementation of such BLS functions. Requires employers in specified categories covered by this Act to report to an entity jointly designated by the Equal Employment Opportunity Commission (EEOC) and the Assistant Secretary of Labor for Federal Contract Compliance specified employment information relating to affirmative action programs and goals. Requires all employers with 50 or more employees to report such information annually. Requires Federal contractors or subcontractors with more than 50 employees and with contracts, subcontracts, or purchase orders above a specified amount to report additional information annually. Requires construction contractors or subcontractors with ten or more employees and with a Federal or federally-assisted contract or subcontract above a specified amount to report additional information on skilled craft employees monthly. Substitutes such reports for any required under a specified program, Federal regulations, Executive Order 11246, or title VII of the Civil Rights Act of 1964. Directs the Assistant Secretary of Labor for Federal Contract Compliance to: (1) conduct random and systematic audits of such reports; (2) develop and maintain a current list of all contractors required to file them; and (3) report annually to the Congress an analysis of the overall trends they reflect. Requires such report to assess progress of the agency in creating employment opportunities for minorities, women, handicapped individuals, and Vietnam-era veterans. Establishes in the Treasury the Education Improvement Fund. Directs each contracting Federal agency, upon the transfer of any amount of money to a recipient under a contract or other arrangement to which Executive Order 11246 requirements apply, to deduct five-thousandths of such amount and transfer it to the Fund. Reduces such deduction by half in the case of a small business. Provides for reductions of such deduction by the amount contributed by a recipient to programs serving the same purposes as those supported by the Fund. Provides for the allocation of appropriations from the Fund among specified educational programs and activities. Establishes an Advisory Board of the Education Improvement Fund to advise the Secretary of Education with respect to the use of funds for grants to higher education institutions, local education agencies, State education agencies, and vocational education institutions. Directs the Board to: (1) recommend general policies and oversee program operations; (2) appoint panels of distinguished academic scholars to select grant recipients; and (3) report to the Congress at least once every three years on appropriate program modifications. Establishes the Office of the Director of the Fund in the Department of Education. Directs the Secretary of Education to award grants to higher education institutions for undergraduate and graduate scholarships to talented and needy students from underrepresented racial, ethic, or gender groups for career preparation in fields in which they are underrepresented. Limits such grants to one academic year of study and renewal of them to a total period not to exceed five years of undergraduate study and five years of graduate study. Directs the Secretary to give special consideration to awarding grants to historically black colleges and universities, traditionally black higher education institutions, institutions with significant minority populations, and historically female higher education institutions. Requires exclusive use of grant funds for direct scholarship aid to eligible students. Directs the Secretary to award grants to State education agencies, local education agencies, and vocational institutions for more effective programs of instruction for educationally disadvantaged children belonging to specified underrepresented racial, ethnic, and gender groups. Requires use of such grants to strengthen academic skills of such children and prepare them to enter postsecondary programs in fields in which their group is underrepresented and there is a national need. Earmarks certain grant funds also for specified teacher training and retraining programs. Limits grants to one school year of study, with possible annual renewals. Sets forth application and selection requirements. Directs the Secretary to give special consideration to State and local educational agencies in which there is a student population of more than 50 percent educationally disadvantaged children. Requires grant funds to be used for: (1) innovations and improvements in instruction for educationally disadvantaged children from the underrepresented groups; (2) early identification and recruitment of minority and female students to enter fields requiring substantial preparation in mathematics and science, the teaching profession, and other technical fields determined by the Board; (3) assessment of need for minority teachers and planning for current and projected minority teacher shortages; (4) incentive payments to teachers, to encourage minority teacher recruitment and teacher training and retraining in designated fields; (5) midcareer minority entry or reentry into teaching; and (6) workforce development centers composed of consortia of various entities to update teacher skills and prepare underrepresented students for careers in targets areas. Sets forth requirements for preaward review of Federal contractors, applicable in lieu of specified certificates of merit under Executive Order 11246. Prohibits a Federal agency from awarding or otherwise entering into a contract to which the requirements of Executive Order 11246 apply unless the Assistant Secretary of Labor for Federal Contract Compliance has, within the past two years, conducted and approved a preaward review of each pertinent contractor whose contract or subcontract is of a value of $5,000,000 of more. Authorizes the Assistant Secretary to require a preaward review for any other contractor. Authorizes the Assistant Secretary to grant waivers of the preaward review upon certification of the head of the contracting agency that national security and urgent and compelling circumstances require such waiver. Directs the Assistant Secretary to give notice of failure to approve a preaward review to all interested parties. Sets forth a protest procedure for interested parties denied a contract. Provides for administrative enforcement by the Secretary of Labor or the EEOC of this Act and related Executive Orders. Requires treble damages in cases of retaliation for filing a complaint. Requires cancellation, termination, or suspension of the relevant contract or part in cases of repeated failures to comply with an Executive Order or to provide required data. Sets forth civil penalties for violations and provides for judicial review of orders. Prohibits retaliation, including malicious interference with future employment, or discrimination against anyone filing a complaint under these provisions for administrative enforcement. Allows private persons to bring civil actions to obtain appropriate relief, including any relief which would be required by an administrative enforcement order, if they are harmed by a violation of specified Federal laws or orders. Allows the actions against Secretary of Labor to enforce this Act or Executive Order 11246 by any member of the labor force who belongs to a described ethnic, racial, or gender category that is underrepresented in an occupational group in the most recent BLS report. Directs the Secretary to conduct reviews and enforcement in accordance with published rules. Authorizes the Secretary to intervene as a party in such civil actions. Declares that this Act does not affect the availability of any other State or Federal remedies, except that commencing a civil action under this Act bars an individual from commencing one under title VII of the Civil Rights Act of 1964 with respect to the same claim. Directs the Secretary of Labor to coordinate administration of this Act with the contract compliance requirements of State and local government. Prohibits employers from passing through to the Federal Government specified costs incurred under this Act. Establishes the Office of the Assistant Secretary of Labor for Federal Contract Compliance. Vests the functions of the Office of Federal Contract Compliance Programs in such Assistant Secretary. Gives the force and effect of law to specified portions of Executive Order 11246, and related regulations, which mandate enforcement of nondiscrimination and affirmative action requirements in Federal contracts through the Department of Labor's Office of Federal Contract Compliance Programs. Prohibits modification or abrogation of such portions of that order and such regulations except by Act of Congress. Provides that any provision of such order or regulations inconsistent with this Act shall have no further force or effect to the extent of that inconsistency. Directs the Secretary of Labor, within 90 days, to report to the Congress a schedule for implementation of data collection and employer reports provisions of this Act. Requires full implementation within four years, except as otherwise provided. Defines "employer" as defined under title VII of the Civil Rights Act of 1964, but also including any contractor with 15 or more employees.
United States · United States Congress · 4 May 1989
Construction Safety, Health, and Education Improvement Act of 1989 - Amends the Occupational Safety and Health Act of 1970 to establish in the Occupational Safety and Health Administration (OSHA) an Office of Construction Safety, Health, and Education (the Office) to ensure safe and healthy working conditions in the performance of construction work. Provides that the Office shall be headed by a Director appointed by the Secretary of Labor (the Secretary). Directs the Secretary to employ additional OSHA inspectors to carry out Office duties. Requires the Director to designate an Office employee to serve as small business liaison. Authorizes the Secretary to issue regulations providing for certain exemptions from this Act for specified types of construction projects, operations, or construction contractors, conditioned on compliance with alternative requirements capable of promoting employee safety and health. Directs the Secretary to establish an effective and fair system for construction worksite inspections, concentrating resources on construction worksites and operations with a high potential for fatalities or serious injuries and illnesses. Requires, when establishing inspection priorities, that due weight be given to employer compliance with standards and recordkeeping and reporting requirements. Gives priority to inspection of projects and worksites of owners and employers having a higher than average incidence or severity of injuries or illnesses for the type of construction involved. Requires each construction contractor to maintain accurate records of accidents and injuries at a construction worksite. Requires an employer to report to the appropriate regional office of OSHA by telephone or telegraph, within 24 hours after its occurrence, any incident involving construction work that results in: (1) a serious injury; (2) a fatality; (3) a structural failure that leads to the collapse of a place of employment; or (4) a potential collapse of a place of employment. Requires the employer to submit a written followup report with specified information. Directs the Secretary to conduct site inspections to investigate all such reports, as well as all reports of those categories of serious injuries the Secretary prescribes. Requires such inspections within 24 hours after receipt of the telephone or telegraph report, unless site conditions would make inspection dangerous. Requires the construction contractor to prevent destruction of evidence. Directs the Secretary to make public a narrative description of the occurrence. Requires the construction safety specialist to provide the Secretary a notice containing specified information on a construction project prior to commencement of work, unless it is necessary to perform such work immediately to prevent injury to persons, and notice is given to the Secretary as soon as practicable. Requires the construction safety specialist, at project completion at one-year intervals during the project, to report to the Secretary all fatalities and serious injuries and illnesses and all structural failures. Directs the Secretary to issue standard forms for such purposes. Requires a construction contractor to establish a written safety and health program, to be managed by a construction safety specialist or other employee of the contractor. Sets forth the requirements of such a program, including evaluations of perceived hazardous conditions and analyses of perceived harmful material or substance. Requires such evaluations and analyses to be conducted, upon an employee's or employee representative's request by a construction safety professional and to be reported or denied in writing. Requires a construction contractor to develop and maintain an onsite project safety and health plan for each construction project that: (1) includes a construction process plan; (2) includes a hazard analysis; and (3) meets other specified requirements. Requires the construction safety specialist to provide a copy of the plan to each employer on the project before work commences. Requires the construction safety specialist to notify the responsible contractors of, and direct them to correct, any hazards, violations of safety or health law, or failure to comply with the program. Requires such notification to be reduced to writing as soon as practicable, and copies provided to the responsible contractors and, upon request, to all affected employers, employees, employee representatives, and the Secretary. Requires a construction contractor to ensure that a construction safety specialist is hired and retained and performs the duties prescribed by the Act at a construction worksite. Gives the construction contractor overall responsibility for the safety of the construction worksite with respect to construction safety, rules, and practices. Requires the contractor to ensure that subcontractors and supervisors are informed of the construction safety specialist's identity and duties, and to require them to comply with the specialist's health and safety policies at the worksite. Requires a construction safety specialist to: (1) ensure worksite compliance with the onsite plan and with guidelines of the Secretary and the Advisory Committee on Construction Safety and Health; (2) maintain a detailed worksite safety report; and (3) upon discovery of a hazard, order the contractor to eliminate it and inform the contractor, owner, and Secretary of any imminent dangers. Sets forth required qualifications of a construction safety specialist. Sets forth other responsibilities of a specialist. Establishes in OSHA a Construction Safety and Health Training Academy, to be headed by a Director appointed by the Secretary. Directs the Academy to: (1) train employees of the Office who conduct construction worksite inspections; and (2) train and certify construction safety specialists who have fulfilled requirements of a standardized training course and testing program. Revises Federal law relating to the National Institute for Occupational Safety and Health. Increases criminal penalties for any employer's willful violations of such Act which result in serious injury or death to an employee. Makes employers who cause such results through specified criminal negligence also liable to such penalties. Amends the Contract Work Hours and Safety Standards Act to grant the Advisory Committee on Construction Safety and Health specified powers to carry out its functions. Directs the President, in the budget message, to separate the appropriation account for construction industry safety activities from that of nonconstruction activities under such Act and the Occupational Safety and Health Act of 1970.
![Official portrait of Rep. Dellums, Ronald V. [D-CA-9]](https://www.congress.gov/img/member/d000222_200.jpg)