United States · United States Congress · 4 April 1990
Amends the Colorado River Storage Project Act to express the intent of the Congress that the Glen Canyon Dam be operated in a manner that protects, mitigates damages to, and enhances the natural resources of the Grand Canyon National Park and the Glen Canyon National Recreation Area. Directs the Secretary of the Interior to: (1) develop emergency interim operating criteria (EIOC) for the Glen Canyon Dam in consultation with the Department of the Interior, the Secretary of Energy, and the State of Arizona, and with the full participation of the general public, including environmental organizations, the recreation industry, Indian tribes, and those who contract for the purchase of Federal power produced at Glen Canyon Dam; and (2) implement such EIOC pending adoption of new long-term operating criteria. Authorizes the Secretary of the Interior to vary the EIOC if necessary to: (1) comply with requirements enumerated later under this Act; (2) respond to hydrologic extremes or power system operating emergencies; or (3) further reduce adverse impacts on resources downstream. Directs the Secretary, within three years after this Act's enactment, to complete the Glen Canyon Environmental Studies and the final Glen Canyon Dam Environmental Impact Statement as required under the National Environmental Policy Act of 1969. Outlines certain evaluations and information with respect to the Park, the Area, and the Dam required to be included in the impact statement. Directs the Secretary to adopt new long-term operating criteria for the Dam based on the Studies and the Statement and to submit the Studies, the Statement, and the new criteria to the Congress. Authorizes appropriations.
United States · United States Congress · 4 April 1990
Ancient Forest Protection Act of 1990 - Establishes the National Ancient Forest Reserve System. Designates certain lands in California, Oregon, and Washington as components of such System. Declares that all Federal lands in such States which qualify as ancient forest or associated forest and are not designated as components of the System shall be managed as if they are. Requires the Secretary of Agriculture and the Secretary of the Interior to issue regulations with respect to the removal of commercial timber from such lands. Declares it to be U.S. policy to develop and utilize scientific information to study and identify the biological and ecological requirements of ancient forest ecosystems. Directs the Chairman of the Council on Environmental Quality to study and report to appropriate congressional committees on the biological and physical requirements for the survival of such ecosystems.
United States · United States Congress · 4 April 1990
National Earthquake Insurance and Reinsurance Act of 1990 - Title I: Participation in National Earthquake Insurance Program and Adoption of Hazard Reduction Measures - Requires the Director of the Federal Emergency Management Agency to publish in the Federal Register and local newspapers information tentatively identifying areas subject to earthquake hazards and to notify the chief executive officers of the identification as an earthquake-prone community. Requires such identifications to be continually updated. Requires the Director to make information available with regard to: (1) an earthquake hazard as it affects any community; (2) the national earthquake insurance program, its coverage, and its objectives; and (3) estimated premium rates under the national earthquake insurance program. Requires local officials to disseminate earthquake information and data. Directs identified communities to submit technical data sufficient to establish that the community is not an earthquake-prone community. Requires the hearings and final determinations on the issue of such identification. Requires earthquake-prone communities to fulfill requirements for participation in the national earthquake insurance program. Requires the appointment of an earthquake insurance advisory committee to advise the Director on the Administration of this Act. Authorizes the Director to carry out studies and investigations with respect to establishing earthquake-related comprehensive criteria requiring State and local governments to adopt land use and management ordinances, building codes, and other loss reduction measures in earthquake-prone areas. Requires such criteria to be periodically updated to reflect technical advances designed to reduce losses from earthquakes. Requires the Director to encourage State and local officials to adopt local loss reduction measures that incorporate such comprehensive criteria. Prohibits any State or local community identified as an earthquake-prone area from participating in the national earthquake insurance program (NEIP) unless the Director finds that the appropriate public body has adopted and is enforcing land use and management laws, building codes, and other loss reduction measures that conform with such criteria. Prohibits earthquake insurance coverage to a local body found to be in violation of any regulation intended to regulate or restrict location or construction in earthquake-prone areas. Requires a building, mobile home, or other construction situated on an area identified as earthquake-prone to be covered by earthquake insurance. Requires each Federal instrumentality responsible for the supervision of banks, savings and loans, and other similar institutions to prohibit such institutions from making or renewing any loan for a building, mobile home, or other construction located in an earthquake-prone community unless such building and any personal property securing the loan is covered by an adequate amount of earthquake insurance. Exempts State-owned property from such requirement. Requires all such banks, savings and loans, and other such institutions to: (1) notify a purchaser or lessee of identification of an area as an earthquake-prone area before entering into a purchase agreement; and (2) notify the purchaser or lessee that, in the event of an earthquake disaster, Federal disaster relief assistance may not be available if such community does not participate in the NEIP or such property does not have adequate earthquake insurance coverage. Provides that no Federal officer or agency may approve any financial assistance for acquisition or construction in an earthquake-prone area unless the community involved is participating in the NEIP. Prohibits banks, savings and loans, and other such institutions from approving loans for any building, mobile home, or other construction in an area not so covered. Authorizes a district court appellate procedure for any community determined to be earthquake-prone or denied loans for lack of participation in the NEIP. Requires the Director to report to the President and issue appropriate regulations regarding this Act. Title II: National Earthquake Insurance Program - Authorizes the Director to establish and carry out a NEIP to provide insurance against loss resulting from physical damage to or loss of real or personal property arising from earthquakes. Requires private insurer participation of at least 80 percent of all written premiums for homeowners' multiperil insurance written in the United States under such program. Requires private insurers participating in the NEIP to reimburse the Director for 15 percent of all costs of the program. Outlines provisions, with regard to the NEIP, concerning: (1) insurance priorities; (2) additional types of insurance to be made available; (3) terms and limitations of insurance coverage; and (4) additional insurance limits to be made available at premium rates. Authorizes the Director to carry out studies and investigations to estimate the actuarial premium rates for property eligible for earthquake insurance and the terms and conditions under which such rates will apply. Requires the Director to consult with the advisory committee established under this Act in carrying out such studies and investigations. Outlines considerations for the determination of the actuarial rates. Requires the Director to establish chargeable premium rates which may be less than the actuarial rates in order to encourage States and local communities to pay a reasonable cost for adequate earthquake insurance coverage. Provides rates requirements with respect to new construction and newly eligible construction. Requires the Director, in order to carry out the NEIP, to establish in the Treasury a National Earthquake Insurance Fund. Allows the Director to borrow from the Treasury in cases in which Fund amounts are not sufficient to pay claims. Authorizes appropriations. Title III: National Earthquake Excess Loss Reinsurance Program - Requires the Director, upon establishment of the NEIP, to also establish a national earthquake excess loss reinsurance program (NERP) which shall be available to participating private insurers. Provides that, if the NEIP fails for lack of private insurer participation, NERP reinsurance may not be written or renewed. Provides coverage amounts and covered lines of insurance for the NERP, requiring all participating private insurers to purchase coverage for all covered lines. Requires the Director to establish premium rates for NERP coverage. Provides that the Director shall incur no liability, and shall not honor any claim, for loss on a property not covered under NEIP for a reinsurance claim under this title. Requires the Director, in order to carry out the NERP, to establish in the Treasury a National Earthquake Reinsurance Fund to pay losses and expenses under the program. Authorizes the Director to borrow from the Treasury in cases in which Fund amounts are insufficient to pay claims. Authorizes appropriations.
United States · United States Congress · 4 April 1990
Textile, Apparel, and Footwear Trade Act of 1990 - Limits the 1990 imports of textiles and textile products classified under a category to an amount equal to 101 percent of the total 1989 imports classified under such category. Limits the 1990 imports of nonrubber footwear classified under a nonrubber footwear category to an amount equal to: (1) the total 1989 imports of nonrubber footwear classified under such category; and (2) in the case of high priced nonrubber footwear, the total 1989 imports of high priced nonrubber footwear classified under such category. Provides for a one-percent annual growth in the amount of permitted imports of textiles and textile products after 1990. Exempts from the limitations imposed under this Act imports of textiles and textile products from U.S. possessions if such articles are exempt from duty under the Harmonized Tariff Schedule of the United States and are manufactured by U.S. citizens, nationals, or permanent residents of such a possession. Limits the imports of certain sweaters made in Guam to a specified amount during FY 1990 and to such amount increased by one percent per year in subsequent years. Declares such limitations shall not apply to Canada or Israel. Sets forth limitations on the amount of textile and textile products, classified under certain import categories, which may be imported from beneficiary countries under the Caribbean Basin Initiative. Authorizes the President to: (1) enter into trade agreements to grant new concessions as compensation to the extent required under U.S. trade agreements for the import limits imposed by this Act; and (2) proclaim such modification or continuance of any existing duty on textiles and textile products and on nonrubber footwear as necessary to carry out such agreements. Prohibits the President from reducing any rate of duty by more than ten percent. Requires the President, before entering into such trade agreements, to consider whether a country has violated trade concessions of benefit to the United States and the violation has not been adequately offset. Sets forth requirements governing staged rate reductions in the tariffs of articles affected by this Act. Prohibits the President, except as authorized by this Act, from entering into trade negotiations with any country with respect to duties on textiles, textile products, and nonrubber footwear. Prohibits the President, except as provided in this Act, from decreasing or proposing a decrease in any such duty by any means, including an implementing bill or a proclamation. Requires the President to report annually to the Congress on the administration of this Act. Requires the Secretary of Commerce, ten years after enactment of this Act, to study and report to the Congress on its operation. Requires the Secretary of the Treasury to establish a pilot program for the issuance and sale to U.S. companies at public auction of import licenses applicable to categories of textiles. Terminates such licensing program on December 31, 1991, and requires a report to the Congress on its administration.
United States · United States Congress · 4 April 1990
Commends the Runnin' Rebels of the University of Nevada at Las Vegas for winning the 1990 National Collegiate Athletic Association Men's Basketball Championship.
United States · United States Congress · 29 March 1990
Approves the Comptroller General's findings regarding a pattern of employment discrimination resulting from the employer sanction provisions of the Immigration and Nationality Act. Amends such Act to repeal employer sanction and related anti-discrimination provisions.
United States · United States Congress · 27 March 1990
Authorizes the Secretary of Veterans Affairs (the Secretary), in conjunction with the Secretary of Defense, to make grants to qualifying medical schools to assist in the establishment of new medical research centers. Outlines qualifications for medical schools eligible for such grants, including: (1) being primarily State-supported; (2) having no established research center in the field for which application is made; (3) being located in proximity to a Department of Veterans Affairs medical facility which has an affiliation with a medical facility of the Department of Defense; and (4) having demonstrable potential for successful development of such a new research center. Requires the Secretary to ensure that centers for which grants are made are geographically dispersed within the United States. Requires the Secretary to establish an advisory committee to advise a medical school with respect to activities of the center for which a grant is made. Prohibits the Secretary from entering into an agreement to make a grant unless the Secretary finds that the school will maintain arrangements with the Department medical facility with which it is affiliated as to be mutually beneficial in carrying out the mission of the respective medical facilities and the school. Requires facilities of such research centers to be made available on a competitive basis. Requires the fact of Federal funding for such centers to be acknowledged in the activities and publications of the center. Requires that grants may only be provided from funds specifically appropriated for such grants. Requires matching appropriations to the Department of Defense for research, development, testing, and evaluation whenever an appropriation is made to the Department for such grants. Requires an agreement for such grants to include certain assurances with respect to the sufficiency of non-Federal funding for such research centers. Authorizes the Secretary to increase grant amounts due to cost increases, within specified limits. Sets forth application requirements from medical schools desiring to receive such grants. Requires the Secretary, in considering such applications, to give priority to applications which emphasize research in one or more of the following areas: (1) diabetes and metabolic diseases; (2) prosthetics and rehabilitation medicine; (3) mental health, behavioral medicine, and neurological disease; (4) acquired immune deficiency syndrome (AIDS) and related diseases; (5) Alzheimer and dementia; (6) degenerative cardiopulmonary disease; (7) cancer; (8) technology assessment; and (9) toxicology. Requires the Secretary to use a merit review process in considering applications and awarding grants under this Act. Authorizes appropriations for FY 1991 through 1994. Entitles the Secretary to recover from grant recipients any amount not used for appropriate grant purposes.
United States · United States Congress · 22 March 1990
World War II 50th Anniversary Commemorative Coin Act - Expresses the sense of the Congress that the United States should recognize the 50th anniversary of World War II by minting and issuing commemorative coins. Directs the Secretary of the Treasury to issue and mint such coins in five dollar, one dollar, and half dollar denominations. Mandates that surcharges received from the sale of such coins be deposited in a coinage profit fund and allocated, upon separate congressional authorization, to the American Battle Monuments Commission to establish a World War II memorial. Directs the Secretary to report semiannually to the Congress regarding implementation of this Act.
United States · United States Congress · 22 March 1990
Amends the Earthquake Hazards Reduction Act of 1977 to define "lifeline" to include transportation infrastructure, utilities, and communication facilities. Requires the Director of the Federal Emergency Management Agency (FEMA) to consult with the Director of the Office of Science and Technology Policy before planning and coordinating the national earthquake hazards reduction program. Requires the Director of such Office to report to specified congressional committees on the Office's role in interagency coordination, planning, and operation of the program. Authorizes appropriations to the Director of FEMA to carry out the program for FY 1991 through 1994, with special emphasis on: (1) a program to identify Federal buildings at seismic risk and set seismic standards for new construction; (2) grants to States for programs of seismic safety inspections of critical structures and lifelines; and (3) developing recommended building codes and practices for buildings, lifelines, and other structures in coordination with the National Institute of Standards and Technology and appropriate private organizations. Authorizes appropriations to the Secretary of the Interior for FY 1991 through 1994 for carrying out the responsibilities that may be assigned to the Director of the United States Geological Survey under the Earthquake Hazards Reduction Act, with special emphasis on the establishment and operation of intensive hazardous fault monitoring projects, seismic microzonation studies in areas determined to be of significant earthquake risk, and seismological engineering studies. Extends through FY 1994 the authorization of appropriations to the National Science Foundation and the National Institute of Standards and Technology for their responsibilities under such Act.
United States · United States Congress · 21 March 1990
Telephone Privacy Act of 1990 - Amends the Federal criminal code to permit the use of caller identification systems (i.e., devices which allow the recipient of a telephone call to determine individually identifying information about the caller or the originating number) if the provider enables the telephone call originator to block receipt of the identifying information. Authorizes civil suits against providers who provide caller identification systems to call recipients without providing blocking capability to call originators.
United States · United States Congress · 21 March 1990
National Service Act of 1990 - Title I: School-Based and Higher Education Community Service - Part A: School Based Community Service - Schools and Service-Learning Act of 1990 - Subpart I: School-Based Service Learning - Authorizes the Secretary of Education (the Secretary, for purposes of this title) to make grants to States for state-wide school-based service learning programs involving local partnerships of local educational agencies (LEAs) and other organizations. Authorizes appropriations. Subpart 2: Youthbuild Projects - Authorizes the Director of the ACTION Agency to make grants for up to 90 percent of the cost of Youthbuild projects. Requires that eligible participants in Youthbuild projects be employed in construction, rehabilitation, or improvement of: (1) residential rental housing for homeless individuals and low-income families; (2) transitional housing for homeless individuals; or (3) facilities for providing health, education, and other social services to low-income families. Requires that participants be provided: (1) service opportunities on such construction or rehabilitation projects which are integrated with appropriate skills training and preapprenticeship or apprenticeship programs; (2) education services; (3) personal and peer supports; (4) leadership development; (5) preparation for an placement in unsubsidized employment; and (6) support services and need-based stipends to enable participation, and support services, for up to six months after completion of training, to assist in retaining employment. Conditions provision of service opportunities upon individual attendance and participation in educational services and activities. Bases participant eligibility, with certain exceptions, on the individual's being: (1) 16 to 24 years of age; (2) economically disadvantaged; and (3) a high school dropout with reading and mathematics skills at or below the eighth grade level. Limits an individual's full-time participation to between six and 18 months. Authorizes appropriations. Subpart 3: Other Federal Volunteer Service Programs - Authorizes the Secretary of Education to make grants and contracts for: (1) rural youth service demonstration projects; (2) model community service and service-learning programs; and (3) model service programs for dropouts and out-of-school youth. Authorizes appropriations. Authorizes the Director of the ACTION Agency to make grants to State Governors for initiatives involving non-school-based voluntary service projects in their States. Sets forth provisions for authorized activities and allotments based on school-age population. Authorizes appropriations. Amends the Domestic Volunteer Service Act to authorize appropriations to increase the number of low-income individuals who provide services under the Foster Grandparent Program to children who participate in Head Start programs. Subpart 4: Activities of the Secretary of Education - Directs the Secretary of Education to: (1) widely disseminate information about programs under this part; (2) provide for program evaluation, including participant and community opinions; and (3) make such evaluations available to the public, and to congressional committees in the Secretary's annual report. Authorizes the Secretary to make grants to or contracts with experienced public and private nonprofit agencies for national or regional clearinghouses for information on volunteer service with respect to subpart 1 programs. Authorizes appropriations. Subpart 5: Volunteer Service Activities of the President - Authorizes the President to make Presidential Awards for School-Based Service recognizing excellence in school-based service programs. Authorizes the President to create an interagency task force to: (1) create and monitor effective measures for coordinating the various parts of this Act; and (2) design a comprehensive Federal service strategy, including specified components. Authorizes appropriations. Subpart 6: General Provisions - Prohibits making grants under this part for any educational program, activity, or service related to sectarian instruction or religious worship, or provided by a school or department of divinity. Applies the General Education Provisions Act to the programs authorized by this part. Part B: Higher Education Community Service - Subpart 1: Innovative Projects for Community Service - Authorizes the Secretary to make grants to and contracts with higher education institutions, (and other public agencies and nonprofit organizations working in partnership with such institutions) to: (1) enable them to create or expand their student community service activities; (2) encourage student initiated and designed community service projects; and (3) help integrate community service into academic curricula and crediting. Directs the Secretary to make grants to colleges, universities, and other nonprofit organizations to train teachers (and those planning teaching careers), education personnel, and community leaders in skills for developing, supervising, and organizing community service activities. Limits the Federal share under this subpart to not more than 50 percent of the cost of the community service activities. Authorizes appropriations. Subpart 2: Campus-Based Community Work Learning Jobs - Amends the Higher Education Act of 1965 (HEA) to provide for additional reservations of certain funds for: (1) campus-based community work learning study jobs; and (2) work-study for community service-learning on behalf of low-income individuals and families. Subpart 3: Guaranteed Student Loans - Amends HEA to provide for up to three-year loan deferments under the guaranteed student loan (GSL) and the federally-insured student loan (FISL) program for: (1) certain full-time volunteer service; (2) full-time employment as a professional in drug counseling, prevention, intervention, treatment, or education by a public or nonprofit private agency; and (3) full-time volunteers providing Indian health services. Subpart 4: Direct Loans to Students in Institutions of Higher Education - Amends HEA to provide for certain rates of partial cancellation of loans and certain deferments of loan repayments under the national direct student loan (NDSL) program for: (1) certain full-time volunteer service; (2) full-time employment as a professional in drug counseling and treatment; and (3) full-time volunteers providing Indian health services. Subpart 5: Publication - Amends HEA to require that specified information on student loan deferments and cancellations for certain full-time voluntary service be included in institutional information for students, exit counseling for borrowers, and Department of Education information on student loans. Subpart 6: Student Literacy Corps - Amends HEA to require Student Literacy Corps programs to give priority to tutoring services to illiterate parents of educationally or economically disadvantaged elementary school students, with special emphasis on single-parent households. Authorizes increased appropriations for the Student Literacy Corps. Subpart 7: Student Tutorial Corps Initiative - Amends HEA to create a Student Tutorial Corps. Authorizes the Secretary to make demonstration grants to higher education institutions for student tutorial programs that: (1) encourage their students to tutor educationally disadvantaged students in schools assisted under chapter 1 of title I of the Elementary and Secondary Education Act of 1965; (2) are conducted at such schools, at the request and with the direction of school personnel; and (3) do not displace any of such personnel. Authorizes appropriations. Part C: Peace Corps Volunteer Education Demonstration Program Act - Authorizes the Director of the Peace Corps (the Director) to carry out a training and educational benefits demonstration program. Makes eligible for such program participation any individual who: (1) has satisfactorily completed at least two years at a higher education institution, is enrolled in a bachelor's degree program of at least four years and will complete it within two years; (2) agrees to serve at least three years as a Peace Corps volunteer; and (3) is selected under a specified competitive process. Requires the Director to provide a Peace Corps training program for the selectees as part of their course of study at their institution. Requires that selectees receive certain educational benefits to cover costs of their last two years of study. Requires repayment if the individual fails to complete the educational program or the service requirement. Authorizes the Secretary of Education to collect such repayments. Requires the Director and the Secretary to evaluate such demonstration program jointly and submit an interim and a final report to the President and the Congress. Authorizes appropriations. Title II: To Establish the American Conservation and Youth Service Corps - Part A: American Conservation Corps - Establishes the American Conservation Corps (ACC), to be administered by Federal agencies and through a State grant component. Directs the Secretaries of the Interior and of Agriculture to establish the Federal component of the ACC within their agencies to administer programs on Federal lands. Encourages Federal agencies to enter into program agreements with program agencies, local governments, and nonprofit organizations. Directs the Secretary of the Interior to establish a program of grants to States to administer the State component of the ACC involving work on non-Federal public lands and waters. Directs each Governor to designate a State program agency. Requires States carrying out such programs to provide mechanisms for participation by local governments and nonprofit organizations. Authorizes the ACC to carry out conservation, rehabilitation, and improvement projects relating to: (1) wildlife habitat, rangelands, parks, recreational areas; (2) urban revitalization and historical and cultural sites; (3) fish and fisheries; (4) roads and trails; (5) erosion, floods, droughts, and storm damage assistance and control; (6) streams, lakes, waterfront harbors, and ports; (7) wetlands protection and pollution control; (8) insect, disease, rodent, and fire prevention and control; (9) improvement of abandoned railroad beds and rights-of-way; (10) energy conservation, renewable resources, and biomass recovery; (11) reclamation and improvement of strip-mined land; and (12) forestry, nursery, and cultural operations. Limits such projects to those on public lands or Indian lands, except where the administering Secretary determines that a project involving other lands will provide a public benefit. Part B: Youth Service Corps - Requires the Director of the ACTION Agency to appoint an Assistant Director to make grants for youth service projects to eligible public and private nonprofit agencies, and to otherwise administer Youth Service Corps (YSC) programs under this part. Provides for designation of specific activities as eligible service categories if: (1) they are of substantial social benefit in meeting unmet human, social (especially poverty-related), or environmental needs in a community; (2) they will not interfere unreasonably with employment availability and terms of employees of sponsoring organizations; and (3) participants are qualified for such activities. Allows such service categories to include service in: (1) State, local, and regional governmental agencies; (2) nursing homes, hospices, senior centers, hospitals, local libraries, parks, recreational facilities, day care centers, and schools; (3) law enforcement, penal, and probation agencies; (4) private nonprofit social services organizations; (5) rehabilitation or improvement of public facilities or neighborhoods, literacy programs, weatherization and repair of low-income housing, energy conservation (including solar energy), removal of public facility architectural barriers to the handicapped, and conservation, maintenance, or restoration of natural resources on publicly held lands; and (6) any other nonpartisan civic activities and services determined appropriate by the Assistant Director. Prohibits such service categories from including any position in any: (1) business organized for profit; (2) labor union; (3) partisan political organization; (4) religious organization, unless the position does not involve any religious functions; or (5) domestic or personal service organization. Part C: Youth Skills Enhancement - Requires the administering Secretary or the Assistant Director (as the case may be) to provide guidance and assistance to States in securing certification of training skills or academic credit for competencies developed under this title. Directs each program agency to maintain or enhance, through programs and projects under this title, the educational skills of program enrollees. Directs appropriate State and local officials to certify standards and procedures (that meet specified Federal criteria) for awarding academic credit and certifying educational attainment in such programs. Part D: Administrative Provisions - Sets forth requirements for award of grants to eligible entities, including matching requirements and limitations on use of funds. Limits enrollment in the ACC and YSC to individuals who, at the time of enrollment, are: (1) 16 through 25 years old (15 through 21 for summer programs); and (2) U.S. citizens or nationals or lawful permanent resident aliens. Requires the State job training coordinating council to appoint an advisory board for oversight and review of ACC and YSC projects under this title. Authorizes appropriations. Part E: Youth Service Clearinghouses - Authorizes the Secretary of the Interior and the Director of the ACTION Agency to provide financial assistance to one or more national or regional clearinghouses on youth corps and youth service. Allows experienced public and private nonprofit agencies to apply for such assistance, and sets forth required clearinghouse functions.
United States · United States Congress · 20 March 1990
Smith River National Recreation Area Act - Establishes the Smith River National Recreation Area in California. Amends the Wild and Scenic Rivers Act to designate certain segments of the Smith River as components of the national wild and scenic rivers system. Directs the Secretary of the Interior to assist Del Norte County in the development of a county land information system that will be compatible with Forest Service and National Park Service systems for Federal lands in the County. Authorizes appropriations.
United States · United States Congress · 20 March 1990
Directs the Secretary of Defense to establish the Commission on Base Realignment and Closure to: (1) determine if certain efficiencies can be realized through closure or realignment of domestic and overseas U.S. military installations; and (2) make recommendations for such closures and realignments. Directs the Secretary to initiate and complete all recommended closures and realignments by specified dates. Outlines conditions for such closures and realignments, including congressional reports and the lack of a joint resolution from the Congress disapproving the Commission's recommendations. Terminates the authority to carry out any closure or realignment under this Act on a specified date. Directs the Secretary to carry out any recommended base closure or realignment and to provide economic adjustment assistance, community planning assistance, and environmental restoration with respect to affected areas or communities. Directs the Administrator of General Services to delegate to the Secretary all appropriate authority to dispose of property for purposes of such closures or realignments, after consultation with the Governor of the State and the heads of local governments concerning other uses of the property to be disposed. Requires the Secretary to notify all other departments and other instrumentalities of the availability of such property made excess by such closures or realignments. Outlines the applicability of the National Environmental Policy Act of 1969 with respect to actions of the Commission and the Secretary concerning base closures and realignments under this Act. Directs the Secretary to report to the Congress on the schedule for, cost savings from, and environmental effects of, base closures and realignments. Establishes the Department of Defense Base Closure Account 1990 to receive deposits for, and proceeds from, base closures or realignments to be used for such closures and realignments. Requires certain reports with respect to the use of Account funds. Outlines the legislative process for the consideration of a joint resolution to disapprove the Commission's recommendations.
United States · United States Congress · 8 March 1990
Regulated Precursor Chemicals Act of 1990 - Amends the Controlled Substances Act to revise and expand the list of precursor chemicals, including transferring to such list hydriodic acid from the list of essential chemicals. Revises the definition of "regulated transaction" to include transfers of any amount of an essential listed precursor chemical, with exceptions. Requires each regulated person to report to the Attorney General on any regulated transaction involving any quantity of a listed essential chemical. Makes it unlawful for any person to engage in a regulated transaction involving a listed precursor chemical or any other conduct that defines such person as a regulated person for purposes of such Act without a license required under such Act. Requires the Attorney General to establish a program requiring licenses for regulated persons and regulated transactions involving listed precursor chemicals where such requirement will contribute to carrying out the purposes of such Act and to criminal drug law enforcement. Provides for fines and imprisonment of not more than four years for violations of the licensing requirement. Requires the Attorney General to provide for the audit and control of listed precursor chemical inventories of persons possessing a license under this Act. Directs the Attorney General to cooperate with State authorities by providing information regarding regulated transactions in such chemicals that might be useful in the administration of State laws relating to precursor chemicals, controlled substances, and other illegal drugs.
United States · United States Congress · 8 March 1990
Raises the minimum per annum rates of basic pay for entry level grades GS-3 through GS-10 for Federal law enforcement officers on a sliding scale with larger adjustments at the lower levels. Directs the Office of Personnel Management (OPM) to prescribe regulations to: (1) readjust the rates of pay for such entry level grades every three years, based upon comparisons of State and local compensation for comparable work, in order to keep starting salaries of Federal law enforcement officers competitive with those paid to State and local law enforcement officers; and (2) establish a mechanism to adjust the rates of pay of Federal law enforcement officers serving in certain high cost-of-living areas in order to recruit and retain the best-qualified individuals. Sets forth procedures for identifying those regions for which higher pay rates are needed. Terminates a pay rate payable to Federal law enforcement officers that is based on a particular region if such an officer is transferred or reassigned to a place outside of such region. Requires pay rates established under this Act to be based on data compiled by the National Advisory Commission on Law Enforcement. Directs the Bureau of Labor Statistics to survey State and local law enforcement salaries every three years to compile the data needed to carry out this Act. Authorizes Federal agency heads, in order to retain highly qualified law enforcement officers who possess special skills or experience or whose continued services are particularly important due to factors associated with the geographic area to which they are assigned, to pay Federal law enforcement officers who are eligible for retirement an allowance of up to $10,000 per year provided the officers agree to complete at least one year of additional service in the agency involved. Makes Federal law enforcement officers who are transferred to an area within the United States having higher than average housing costs eligible for a relocation payment of up to $20,000 provided they agree to remain in Federal law enforcement for a specified period. Authorizes Federal agencies to offer rates of pay higher than the minimum rates for positions of GS-3 (currently, GS-11) or above if necessary to attract well qualified entry-candidates for Federal law enforcement service. Authorizes Federal agencies to pay law enforcement officers who possess and make substantial use of foreign language proficiency while performing their official duties a cash award of up to 25 percent of basic pay. Raises the mandatory age for Federal law enforcement officers to retire under the Civil Service and Federal Employees' Retirement Systems from 55 to 57. Changes the method of computing overtime for Federal law enforcement officers to one and one-half times the hourly rate of basic pay for work performed in excess of 40 hours per week. Limits the aggregate rate of pay (including premium pay) for Federal law enforcement officers in a calendar year to the pay rate for level V of the Executive Schedule. Prohibits application of other limitations on premium pay for administratively uncontrollable overtime. Excludes members of the U.S. Secret Service, Uniformed Division, Diplomatic Security Service special agents, postal inspectors, and pretrial services and probation officers from receiving premium pay except for night, Sunday, and holiday work.
United States · United States Congress · 8 March 1990
Amends the Internal Revenue Code to exempt from the ten percent penalty tax on early distributions from qualified retirement plans any distribution made to Federal law enforcement officers and firefighters, if retirement occurs after age 50.
United States · United States Congress · 7 March 1990
Consumer Credit Protection Amendments of 1990 - Title I: Fair Credit Reporting Amendments - Amends the Fair Credit Reporting Act to place additional restrictions on the permissible purposes of consumer reports. Adds dwelling rental applications and check cashing privilege applications to the list of permissible uses. Prohibits, subject to exception, a consumer reporting agency (CRA) from furnishing certain reports in connection with any credit or business transaction which is not initiated by the consumer. Prohibits a CRA from reporting Chapter 13 bankruptcy information that is more than seven years old and other bankruptcy information that is more than ten years old. (Current law prohibits reporting any bankruptcy information, including Chapter 13, that is more than ten years old.) Provides for graduated periods of obsolescence for information relating to overdue payments. Repeals exemptions to obsolete information reporting prohibitions relating to credit, life insurance, or employment involving amounts over specified sums. Prohibits a CRA from prohibiting any report user from disclosing the contents of a report to the consumer. Requires a CRA to maintain certain records regarding: (1) accuracy assurance procedures; and (2) the certified purpose for which any information relating to any consumer is requested by any person. Requires any CRA, on request of any person, to disclose specified information about itself. Requires that: (1) certain disclosures by a CRA to a consumer required by current law be in writing; (2) all information in the consumer's file (currently, the nature and substance of all information) be disclosed to the consumer; (3) certain information be disclosed to the consumer regarding identification of any person who had access to any information in the consumer's file; and (4) any disclosure by a CRA to any consumer under specified provisions include a summary of all the consumer's rights and remedies under the Fair Credit Reporting Act. Requires that such a summary be included in disclosures relating to: (1) investigative consumer reports; and (2) reports focusing on public record information for employment purposes. Requires reinvestigations in case of disputed accuracy to be completed within a reasonable time, not to exceed 30 days. (Current law requires completion within a reasonable time.) Requires CRAs to keep certain records regarding reinvestigation procedures. Sets forth requirements regarding: (1) notice upon a determination that a dispute is frivolous or irrelevant; (2) notice upon completion of a reinvestigation; and (3) reinvestigations which cannot be completed in 30 days. Eliminates the option for a CRA to include in a report a codification or summary of a consumer's statement regarding disputed accuracy rather than the statement itself. Requires that a CRA: (1) notify of a consumer dispute any person designated by the consumer who has received a non-employment report within the last year (currently, within the last six months); and (2) disclose to the consumer the recipients of any such report within the last year (currently, within the last six months). Sets a dollar limit on charges which may be imposed by a CRA for certain disclosures and makes other changes regarding when charges may be made. Requires a CRA which furnishes a consumer report for employment purposes to notify the consumer of the specific source of the information. Revises the duties of users of consumer reports, including requiring the user to provide: (1) the name and address of the three largest CRAs; and (2) the written summary of the consumer's rights and remedies prepared under specified provisions. Makes any person who furnishes information to any CRA (as well as CRAs and users of reports) civilly liable for willful noncompliance and for negligent noncompliance with the Act. Makes all functions and powers of the Federal Trade Commission (FTC) under the Federal Trade Commission Act (FTCA) available to the FTC to enforce compliance. (Current law links enforcement to specified provisions of the FTCA.) Makes persons who furnish information to CRAs subject to certain administrative enforcement provisions, as enforced by bodies other than the FTC. Requires any person who regularly furnishes information to a CRA to give notice of such fact in writing to the consumer before providing information about the consumer to the CRA. Requires any person, when that person, in the course of conducting business, furnishes information about any consumer to a CRA, to follow reasonable procedures to assure the accuracy of the information. Title II: Credit Repair Organizations - Credit Repair Organizations Act - Amends the Consumer Credit Protection Act to prohibit any credit repair organization (any person who provides a service for the purpose of improving a consumer's credit record) from: (1) charging or receiving any money prior to the completion of its services (unless it has obtained a $50,000 surety bond); (2) charging or receiving money solely for the referral of a customer to a retailer if the credit which may be extended to the buyer is upon substantially the same terms as those available to the general public; (3) advising any client to make an untrue or misleading statement; or (4) using any untrue or misleading statement. Requires the organization to provide the consumer with a written disclosure statement which includes a description of: (1) the consumer's rights; (2) the services to be provided by the organization; and (3) the total amount the consumer will be charged. Sets forth contract requirements and the rights of the consumer with regard to cancellation of such contract. Subjects any organization which fails to comply with any provision of this Act to Federal civil liability. Provides for the administrative enforcement of this Act by the Federal Trade Commission, as provided in the Federal Trade Commission Act.
United States · United States Congress · 7 March 1990
Pesticide Export Reform Act of 1990 - Title I: Exported Pesticides - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to require pesticide producers operating registered establishments to inform the Administrator of the Environmental Protection Agency of: (1) the types and quantities of pesticides and active ingredients used in producing pesticides for export to a foreign country; and (2) the date of export and quantity of such materials exported to each foreign country to which the producer has exported during the past 360-day period. Provides that specified information on exported pesticides shall not be entitled to confidential trade secret treatment. Makes it unlawful to knowingly or recklessly export a pesticide, device, or active ingredient in violation of FIFRA export requirements. Prohibits the exportation of pesticides, devices, or active ingredients unless: (1) such materials are prepared and packaged according to the specifications of the foreign purchaser and the legal requirements of the country of use; and (2) the producers or exporters meet specified FIFRA requirements. Prohibits the exportation of unregistered pesticides. Waives certain requirements to permit the export of pesticides not meeting FIFRA requirements to prevent or arrest the spread of a communicable disease if the Administrator makes specified determinations. Prohibits the exportation of specified pesticides (including restricted use pesticides and pesticides subject to suspension or cancellation proceedings) unless: (1) the exporter provides specified information on the pesticide to the Administrator; (2) the country of use consents to the import and is included on a list of approved countries; and (3) the pesticide is manufactured, stored, and packaged in accordance with standards of the United Nations Food and Agriculture Organization. Requires the Administrator to maintain a list of approved countries of use. Sets forth labeling requirements for exported pesticides. Permits the export of pesticides for experimental use in foreign countries if specified conditions are met. Requires the Administrator to notify foreign countries and the International Registry of Potentially Toxic Chemicals whenever regulatory action is taken with respect to a pesticide. Directs the Administrator to: (1) convene meetings with foreign governments and other interested parties to promote the implementation of improved research and regulatory programs for pest management and strategies for sustainable agriculture; (2) provide foreign countries with technical assistance to develop pesticide regulatory programs; (3) transmit triennial studies to the Congress on countries that import U.S. pesticides and from which the United States imports agricultural commodities to ascertain such countries' management of pesticides and whether the United States is able to test effectively for pesticide residues; and (4) convene meetings with foreign governments and other interested parties to encourage the adoption of a multilateral convention requiring standard notice and export control measures for pesticides. Title II: Tolerances for Agricultural Commodities - Amends the Federal Food, Drug, and Cosmetic Act to require the Administrator, if registrations for a pesticide chemical under FIFRA have been cancelled, suspended, withdrawn, or modified to eliminate the use of such chemical on a raw agricultural commodity, to publish a notice in the Federal Register announcing: (1) the revocation of any tolerance for an agricultural use; or (2) an exemption for the use of such chemical on such commodity. Provides for temporary waivers from revocations for the purpose of distributing in commerce commodities that contain residues resulting from the application of pesticides before this Act's enactment or residual environmental contamination. Permits the Administrator to issue such waivers only if such waivers do not: (1) pose a dietary health risk; and (2) cause significant economic hardship for domestic producers of a commodity attributable to competition from foreign producers in countries in which the use of the pesticide is permitted. Prohibits, with specified exceptions, the establishment or continuation of a tolerance unless the Administrator determines that a practical method for detecting and measuring pesticide residues exists. Prohibits the importation of food into U.S. customs territory unless the commodity importer files with the Secretary of Health and Human Services and the Secretary of the Treasury a document identifying each pesticide chemical used in connection with the commodity. Requires such importers, if unreported pesticides are detected in such commodities, to submit residue analyses for such pesticides. Waives reporting requirements for unreported pesticides if the presence of such pesticides is attributable to long-term environmental persistence and does not pose a health risk. Amends the Federal Meat Inspection Act, the Poultry Products Inspection Act, and the Egg Products Inspection Act to apply such requirements to importers of meat, poultry, and eggs. Title III: Effective Dates - Sets forth the effective dates for provisions of this Act.
United States · United States Congress · 27 February 1990
Amends Federal law to require the President to include in the annual budget a statement of projected revenues obtained from the anticipated sale, lease, and transfer of Government assets and the estimated price at which the assets would be sold in the private sector.
United States · United States Congress · 27 February 1990
Mickey Leland Memorial Domestic Hunger Relief Act - Title I: Reducing Childhood Hunger - Amends the Food Stamp Act of 1977 to revise and increase the excess shelter expense deduction for each fiscal year from FY 1991 through FY 1993. Requires the Secretary of Agriculture to adjust the basic benefit level upwards by specified increments at the beginning of each fiscal year from FY 1991 through FY 1995 until it reaches 105 percent of the cost of the thrifty food plan. Directs the Secretary by regulation to provide for emergency allotments to eligible households to replace food lost in a disaster. Excludes from the computation of household income any State allowance (provided at least annually) for obtaining school clothes for children in school or child care. Provides for allotment increases to cover State or local sales taxes for participants in demonstration projects. Requires alternative systems for delivery or use of food stamp benefits to meet standards issued by the Secretary and, where household participation is not optional, to involve retail food stores serving minority populations, but only if necessary special equipment is operational at all registers. Provides food stamp coverage for prepared meals for homeless households. Permits State agencies to develop standard estimates of the shelter and related expenses which homeless households may reasonably be expected to incur in order to certify such households based on reported expenses not exceeding such an estimate. Title II: Promoting Self-Sufficiency - Excludes the first $50 a month received as child support from consideration as income in determining the food stamp allotments of households also receiving Aid to Families with Dependent Children (AFDC) benefits. Increases from $4,500 to $5,500 from January 1 through September 30, 1991, with annual cost-of-living adjustments to follow, the limit on the fair market value of vehicles that food stamp recipients may own. Directs the Secretary to conduct a sufficient number of demonstration projects to evaluate the effects of excluding from such vehicle calculation the value of: (1) any licensed vehicle used for certain income-producing, transportation, or shelter purposes; and (2) one licensed vehicle used for job-related or job-seeking purposes (including commuting), for pursuing education or training, or for securing food or food stamp benefits. Allows States to use their own agency-designed forms instead of forms approved by the Secretary. Directs State agencies to allow a household to select an adult parent of children in the household as its head where all adult household members agree to do so. Allows four States to give priority in the provision of services to voluntary participants (including both exempt and nonexempt), so long as performance standards are maintained. Authorizes an employment and training program to contain programs designed to increase the self-sufficiency of recipients through self-employment. Excludes from the computation of household financial resources any nonliquid resources necessary to allow the household to carry out an approved plan for self-sufficiency. Increases from $25 to $75 the limit for reimbursements to recipients for costs incurred in employment and training activities. Permits otherwise eligible persons who attend an institution of higher learning to receive food stamp benefits if he or she: (1) attends the institution as part of an employment and training program; or (2) is over 50, registered for employment, and subject to employment or training requirements. Revises the exclusion of educational expenses from the computation of household incomes. Excludes from the computation of household incomes housing assistance payments made to a third party on behalf of a household residing in transitional housing for the homeless. Title III: Simplifying Program Administration - Requires parents and children (regardless of age) who live together to apply for food stamps as a single household. Directs the Secretary to conduct five demonstration projects, in both rural and urban areas, under which households in which each member receives AFDC benefits shall receive monthly food stamp allotments following AFDC rules and procedures, without regard to the eligibility, benefit, and administrative rules of the food stamp program. Requires the Secretary to issue rules under which State agencies must develop standards for identifying (for exclusion as inaccessible resources) those kinds of resources the household is unlikely to sell for any significant return because its interest is so slight or the cost of selling would be so great. Provides that a food stamp office need not consider any resources that the AFDC or supplemental security income benefit programs have already determined to be exempt. Directs State agencies to require only one adult representative of a household to sign all declarations required in the application process on behalf of the household. Makes recipients of State or local general assistance programs categorically eligible for food stamps. Reduces from 30 to ten days the deadline for households convicted of food stamp fraud to decide how to repay their over issuances. Establishes a Commission on the Coordination of Family Support and Food Stamp Policies to report to the President and the Congress on AFDC and food stamp program policies, recommending how to eliminate barriers to participation in both programs. Authorizes appropriations. Title IV: Hunger in Rural America - Requires State agencies to designate rural project areas where low-income persons face substantial difficulties in getting transportation. Requires issuance of coupons by mail in such areas, except where households experience mail losses exceeding certain levels. Allows States to assist households with the food stamp application process. Directs the Secretary to exclude from financial resources the value of a vehicle a household depends upon to carry heating fuel or water for home use where it has no other access to fuel or water. Title V: Promoting Access for the Elderly and Disabled - Declares that State agencies, with respect to the excess medical deduction for the elderly and the disabled, shall not require further verification of a change in medical expenses if the change has been anticipated for the verification period. Requires annual adjustments to the value of the minimum food stamp benefit. Permits State agencies to establish a procedure allowing households whose regular food stamp benefits do not exceed $20 per month to receive up to $60 worth for intervals of up to three months. Requires that any applicant for or recipient of supplemental security income benefits be informed of the availability of food stamp benefits. Title VI: Program Administration by State Agencies - Prohibits the application of disallowances for erroneous issuances or similar actions to any State for a fiscal year before FY 1991. Directs the Secretary, by specified deadlines, to develop standards for initial approval of automated data processing and information retrieval systems for State agencies, as well as written procedures and standards for initial and continued approval reviews. Sets alternative deadlines for full operation of such systems, the later being September 30, 1993. Provides for waivers of ADC system requirements where their application would not significantly improve the efficiency of a State agency's administration. Title VII: Reauthorization of Programs - Reauthorizes through FY 1995: (1) the food stamp program; (2) the nutrition assistance program for Puerto Rico; (3) the temporary emergency food assistance program under the Temporary Emergency Food Assistance Act of 1983; (4) the soup kitchen and food bank programs under the Hunger Prevention Act of 1988; (5) the commodity distribution and supplemental food programs under the Agriculture and Consumer Protection Act of 1973; (6) the distribution of surplus commodities to special nutrition projects under the Agriculture and Food Act of 1981; and (7) the nutrition education program under the Food Security Act of 1985. Title VIII - Amends the Commodity Distribution Reform Act and WIC Amendments of 1987 to require biennial reports to the Congress on food bank projects. Amends the Agriculture and Consumer Protection Act of 1973 to establish a Commodity Supplemental Food Program for the Elderly. Amends the Hunger Prevention Act of 1988 to set forth the National Gleaning Clearinghouse Act of 1990. Establishes a National Gleaning Clearinghouse to share information on available, unused food that could be distributed through the emergency feeding network. Title IX: Effective Dates - Sets forth the effective dates of provisions of this Act.
United States · United States Congress · 27 February 1990
Expresses the sense of the Congress that the President should designate a special envoy to negotiate the release of American and all other hostages in Lebanon and appeals to their captors to free them. Expresses sympathy for their families. Recognizes those who will be commemorating the fifth anniversary of the captivity of Terry Anderson on March 16, 1990.
United States · United States Congress · 22 February 1990
Directs the Secretary of Veterans Affairs to provide educational and vocational counseling and related services to: (1) individuals eligible for educational assistance under the armed forces educational assistance program; (2) individuals discharged or released from active duty under conditions other than dishonorable within the past year; and (3) individuals serving on active duty and within 180 days from being released or discharged under conditions other than dishonorable. Requires the Secretary to make available information concerning the need for general education and for trained personnel in the various crafts, trades, and professions. Requires the Secretary to acquaint all eligible individuals with the availability of counseling services offered under this Act. Provides entitlement to a veterans' rehabilitation program for persons hospitalized for a service-connected disability in a hospital over which the Secretary of Veterans Affairs has jurisdiction. Includes the payment of handling fees by the Secretary as part of the scope and services authorized to be provided to a veterans' rehabilitation program. Authorizes the payment of a subsistence allowance to veterans pursuing a vocational rehabilitation program in a Federal, State, or local governmental agency. (Currently, such allowance is offered only to veterans pursuing a program at the Federal level.) Repeals certain reporting requirements.
United States · United States Congress · 22 February 1990
Medicaid AIDS and HIV Amendments of 1990 - Amends title XIX (Medicaid) of the Social Security Act to allow each State to provide Medicaid coverage of HIV-related services for individuals who have the HIV virus and an abnormally low immune function for which medical intervention is indicated and whose income and resources do not exceed the maximum amounts allowed under the State Medicaid program for disabled individuals. Allows States to provide Medicaid home and community-based services to children who have acquired immune deficiency syndrome (AIDS). Applies the same income and resource eligibility standards as would apply if such children were hospitalized. Requires States to increase payments for inpatient hospital services delivered to Medicare (title XVIII of the Social Security Act) beneficiaries with AIDS by hospitals serving high volumes of AIDS victims. Permits States to provide Medicaid coverage of the premiums charged individuals who are eligible for continued employer group health plan coverage after their loss of employment if such individuals also have the HIV virus and an income at or below the Federal poverty level.
United States · United States Congress · 22 February 1990
Extends eligibility for the disabled veterans' outreach program to: (1) all disabled veterans who are participating in or have completed a program of vocational rehabilitation (currently limited to disabled veterans of the Vietnam era who have such rehabilitation); and (2) members of the armed forces who are within 180 days of discharge or released from active duty under conditions other than dishonorable. Requires disabled veterans' outreach program specialists to provide employment and training information to members of the armed forces about to be released or discharged. Requires local veterans' employment representatives to provide employment and training information and services to such members. Redesignates the Secretary of Labor's Committee on Veterans' Employment as the Advisory Committee on Veterans Employment and Training within the Department of Labor. Requires the Committee to: (1) assess the employment and training needs of veterans; (2) determine the extent to which the programs and activities of the Department are meeting such needs; and (3) carry out appropriate activities and submit certain reports.
United States · United States Congress · 22 February 1990
International Voluntary Family Planning Assistance Act of 1990 - Authorizes appropriations for international population planning assistance. Earmarks a specified amount of such funds for the United Nations Population Fund if: (1) the Fund maintains such funds in a separate account, without commingling; (2) none of the funds are made available for China; and (3) any agreement to obligate such funds expressly states that the full amount granted by the agreement will be refunded to the United States if U.S. funds are used for family planning in China or abortions in any country. Prohibits any funds appropriated under this Act from being used for abortions.
United States · United States Congress · 22 February 1990
Calls for the retention of sanctions against South Africa under the Comprehensive Anti-Apartheid Act until all conditions for the termination of sanctions are fulfilled and a democratic political process is established.
United States · United States Congress · 21 February 1990
Depositor Protection and Fraud Act of 1990 - Amends the Federal Deposit Insurance Act to prohibit an insured depository institution from marketing any stocks or bonds in its affiliates in any office space which is commonly accessible to the general public for the purpose of accepting deposits. Grants a Federal banking agency regulatory authority either to prohibit such sales or to impose conditions upon them if the agency determines that any stock or bond of the institution is likely to be confused by the general public with an insured deposit.
United States · United States Congress · 7 February 1990
Civil Rights Act of 1990 - Amends the Civil Rights Act of 1964 to provide that: (1) once a complainant has demonstrated that an employment practice results in a disparate impact on the basis of race, color, religion, sex, or national origin, the respondent has the burden of proving that the practice is justified by business necessity; (2) a complainant need not demonstrate which of a group of practices results in the demonstrated disparate impact; and (3) a respondent need not show business necessity for a specific practice within a group of practices if the respondent shows that that practice does not contribute to the disparate impact. Declares that an unlawful employment practice is established on a demonstration that race, color, religion, sex, or national origin was a motivating factor for any employment practice, even though such practice was also motivated by other factors, but bars certain types of relief if the respondent establishes that it would have taken the same action in the absence of any discrimination. Prohibits a challenge to an employment practice that implements a litigated or consent judgment or order resolving a claim of employment discrimination: (1) by a person who had certain types of notice and opportunity; (2) by a person whose interests were adequately represented by another person who challenged the judgment or order; or (3) if reasonable efforts were made to provide notice to interested persons. Increases to two years the time limit within which a charge of an unlawful employment practice must be filed. Removes provisions setting a separate time limit for charges initially filed with a State or local agency. Declares that a seniority system or practice which is part of a collective bargaining agreement is an unlawful employment practice if it was included in the agreement with the intent to discriminate. Allows, except for disparate impact cases, for compensatory damages (but not back pay) and, where there is malice or reckless or callous indifference, for punitive damages. Allows any party, where compensatory or punitive damages are sought, to demand a jury trial. Includes expert fees and other litigation expenses in any attorney's fees awarded. Prohibits a consent order or judgment settling a claim unless the parties and their counsel attest that a waiver of attorneys' fees was not compelled as a condition of the settlement. Allows to the prevailing party in the original action an award of attorney's fees and costs in defending a challenged judgment or order. Increases to 90 days after final action by a Federal agency the time limit for a Federal employee to bring a civil action. Allows to Federal employees the same interest to compensate for delay in payment as in cases involving non-public parties. Requires Federal civil rights laws to be broadly construed to effect their purpose to eliminate discrimination and provide effective remedies. Prohibits, except as expressly provided, any Federal civil rights law from being construed to restrict or limit the rights, procedures, or remedies available under any other Federal civil rights law. Declares that, for purposes of provisions relating to equal rights under the law, the right to make and enforce contracts includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship.
United States · United States Congress · 7 February 1990
B-2 Production Termination Act - Prohibits funds appropriated to the Department of Defense (DOD) after FY 1990 from being used to commence production of B-2 aircraft. Limits the use of funds already appropriated to DOD for the B-2 to: (1) the completion of the production of such aircraft which began with funds appropriated for a fiscal year before FY 1991; and (2) research, development, test, and evaluation, including flight testing. Directs the Secretary of Defense to preserve production facilities and tooling for production of such aircraft in order to maintain an option to produce such aircraft in the future.
United States · United States Congress · 6 February 1990
Harvest of Peace Resolution - Expresses the sense of the Congress that the United States should establish as a primary foreign and domestic policy objective the achievement of common security by: (1) negotiating agreements with the Soviet Union and urging other nations to reduce military forces and spending with the goal of halving worldwide military spending by the year 2000; (2) reducing military assistance and arms sales to developing nations; (3) encouraging the peaceful settlement of conflicts; (4) providing increased assistance to developing nations to overcome hunger and poverty, reduce debt burdens, promote human rights, ensure sustainable development, and protect the environment; (5) increasing support domestically for programs that address human needs; (6) helping defense industries and their employees convert to productive nondefense work; and (7) reducing the Federal deficit.
United States · United States Congress · 1 February 1990
Medicaid Frail Elderly Community Care Amendments of 1990 - Amends title XIX (Medicaid) of the Social Security Act to permit States to provide Medicaid coverage of community care for functionally disabled elderly individuals. Considers individuals who are unable to perform at least two daily living activities or who have Alzheimer's disease and require substantial assistance or supervision as functionally disabled individuals. Defines a covered community care setting as a nonresidential setting or a residential setting in which more than two unrelated adults reside and personal services are provided. Requires that community care be provided to each client in accordance with an individual community care plan (ICCP) prepared and periodically reviewed and revised by a community care case manager on the basis of the manager's consultation with the client and a comprehensive functional assessment of a client's needs conducted by an interdisciplinary team before his or her receipt of care and at least annually thereafter. Sets a ceiling on Medicaid payments to States for community care. Reduces Federal Medicaid payments to States that reduce their Medicaid community care expenditures below their FY 1990 expenditures for such care. Requires that community care and community care settings meet requirements, to be developed by the Secretary of Health and Human Services, concerning client rights, the quality of such care, and safety and sanitation. Imposes specified minimum requirements on such care and settings, including certain Medicaid requirements currently applicable to nursing facilities. Requires that community care settings: (1) disclose persons having an ownership or control interest in the setting; and (2) exclude a person from such interest if he or she has been excluded from the Medicaid program or had an interest in a community care setting repeatedly found to have provided substandard care. Makes: (1) the Secretary responsible for certifying that State community care providers and settings comply with Medicaid requirements; and (2) States responsible for certifying that other community care providers and settings comply with Medicaid requirements. Requires that providers and settings be certified annually. Bases community care setting certification on an annual, unannounced survey. Directs the Secretary to: (1) develop a protocol for conducting surveys; and (2) conduct sample surveys of community care settings, within two months of State surveys, to test the adequacy of State surveys. Authorizes the Secretary to conduct a special survey of a setting or a review of a provider when there is reason to question its compliance with this Act. Prohibits the use of surveyors who have an interest in the provider or setting being surveyed. Requires States and the Secretary to investigate complaints against providers or settings concerning violations of this Act's requirements. Requires each State to provide, through the State agency responsible for the certification of such providers and settings, for the receipt, review, and investigation of allegations of client neglect and abuse, and of misappropriation of client property by providers. Requires that: (1) certain information regarding providers and settings and their compliance with this Act's requirements be made available to the public; and (2) State Medicaid fraud and abuse control units be given access to provider or setting survey and certification information. Requires that when the Secretary or State determines that a provider's or setting's deficiencies immediately jeopardize the client's health and safety, immediate action be taken to remove the jeopardy and correct the deficiencies or the provider's or setting's participation in Medicaid be terminated. Authorizes the Secretary or States to terminate a community care provider's participation in the Medicaid program and to impose a civil monetary penalty for failure to meet this Act's requirements. Sets forth the Secretary's responsibilities relating to community care requirements. Requires that State Medicaid payment rates for community care be reasonable and adequate to meet the costs of providing such care efficiently, economically, and in accordance with applicable laws, regulations, and standards. Prohibits the coverage of substandard community care, penalties imposed for such care, and community care furnished by family members.
United States · United States Congress · 1 February 1990
Amends the National Labor Relations Act to make it an unfair labor practice for an employer to offer or grant: (1) permanent replacement employee status during a labor dispute; or (2) any employment preference to an individual who worked or indicated a willingness to work during a labor dispute over an employee who exercised specified rights during such dispute.
United States · United States Congress · 1 February 1990
Medicaid Hospice Amendments of 1990 - Amends title XIX (Medicaid) of the Social Security Act to require States to provide Medicaid coverage of hospice care.
United States · United States Congress · 31 January 1990
Budget Process Reform Act of 1990 - Title I: Repeal of Part C of the Balanced Budget and Emergency Deficit Control Act of 1985 and Amendments Relating to the President's Budget - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to repeal provisions concerning: (1) emergency powers to eliminate deficits in excess of maximum deficit amounts, including sequestration; and (2) prohibitions against the Presidents budget exceeding the maximum deficit amount. Title II: Permanent Amendments to the Congressional Budget and Impoundment Control Act of 1974 - Amends the Congressional Budget and Impoundment Control Act of 1974 to revise the congressional budget process, including the budget timetable. Removes prohibitions against exceeding the maximum deficit amount through the concurrent resolution on the budget. Excludes from budget totals: (1) government-sponsored enterprises; and (2) changes in the level of new budget authority, new spending requirements, outlays, or revenues resulting from new timing shifts. Provides for credit and deposit insurance accounting. Amends the Congressional Budget Act of 1974 to revise provisions regarding fiscal procedures and to add procedures governing contract or borrowing authority, direct loan obligations or loan guarantee commitments, and offsetting collections. Requires the Congressional Budget Office to use revenue estimates prepared by the Joint Committee on Taxation, if timely received for purposes of providing information on legislation affecting income, payroll, excise, estate or gift taxes. Requires the Congressional Budget Office to include in its report to the Budget Committees five-year projections of fiscal spending, revenues, and tax expenditures. Title III: Debt Legislation - Requires conference reports on concurrent resolutions on the budget to be considered first in the House of Representatives. Title IV: Pay-As-You-Go - Pay-As-You-Go Act of 1990 - Provides for calculating the baseline (a projection of base-year levels of new budget authority, outlays, revenues, and the surplus or deficit into the budget year and the outyears based on laws enacted before the beginning of the budget year), the budget base during the deficit reduction period, and the budget base during the budget neutrality period. Establishes the budget year deficit requirement for FY 1991, 1992, and 1993. Sets forth multiyear requirements for the deficit reduction period. Requires the Congress to use baseline and budget base estimates prepared by the Congressional Budget Office. Requires the President's budget to meet deficit requirements set forth under this Act. Title V: Conforming Amendments - Makes amendments to Federal law, the Standing Rules of the Senate, and the Rules of the House of Representatives to conform to provisions of this Act.
United States · United States Congress · 31 January 1990
Rape and Incest Victims' Choice Resolution - Expresses the sense of the House of Representatives that Federal Medicaid (title XIX of the Social Security Act) funding should be available for the abortion of pregnancies resulting from rape or incest if such acts, considering the physical and mental state of the women involved, are reported promptly.
United States · United States Congress · 30 January 1990
Provides for all Federal civilian and military retirees to receive the full cost-of-living adjustment in annuities payable under Federal retirement systems for FY 1991. (Includes benefits payable under the Civil Service Retirement and Disability System, military retirement and survivor benefit programs, the Foreign Service Retirement and Disability System, the Central Intelligence Agency Retirement and Disability System, and railroad retirement programs.)
United States · United States Congress · 30 January 1990
Expresses the sense of the Congress that: (1) the current inquiries into the activities of the British West Midlands Crime Squad must be extended to cover the period of the Birmingham bombings of November 21, 1974; (2) the British Prime Minister should call upon the British Home Secretary to reopen the case of the Birmingham Six (those convicted for the bombings); (3) the convictions of such individuals should be quashed; and (4) the President should raise with the British Prime Minister concern for the basic human rights violations and miscarriage of justice arising from the continued incarceration of such individuals.
United States · United States Congress · 24 January 1990
Medicare Benefit Improvements Act of 1990 - Amends title XVIII (Medicare) of the Social Security Act to cover screening mammographies for women over age 34 at a frequency which varies on the basis of a woman's age and risk of developing breast cancer. Covers up to 80 hours of annual in-home respite care furnished to an individual who has incurred expenses equal to a specified Medicare Part B (Supplementary Medical Insurance) cost-sharing limit and, for the preceding three months, has been unable to perform at least two specified daily living activities without the assistance of an uncompensated primary caregiver with whom he or she resides. Covers nursing care and home health aide services as home health services if such services are needed less than seven days each week or are needed for up to 38 consecutive days. Amends part A (Hospital Insurance) of the Medicare program to create an extension period of hospice care for terminally ill beneficiaries which is to follow the two 90-day periods and the subsequent 30-day period of hospice care coverage currently provided in an individual's lifetime. Increases the Medicare part B premium.
United States · United States Congress · 23 January 1990
Electric Vehicle Technology Development and Demonstration Act of 1990 - Requires the Administrator of the Environmental Protection Agency to identify nonattainment areas (affected by conventionally fueled internal combustion engine vehicles) which are eligible to participate in this Act's program. Directs the Secretary of Energy to select manufacturers to receive reimbursement payments for the development, demonstration, manufacture, and sale of electric vehicles in nonattainment areas. Authorizes appropriations.
United States · United States Congress · 23 January 1990
Directs the Secretary of the Army to carry out a four-year test program under which female members of the Army are trained in military occupational specialties and assigned to duty in combat arms and combat support specialties that are currently not open to female members of the Army.
United States · United States Congress · 21 November 1989
Selma to Montgomery National Trail Study Act of 1989 - Amends the National Trails System Act to designate the route from Selma to Montgomery, Alabama (traveled by the march dramatizing the need for voting rights legislation), for study for potential addition to the national trails system.
United States · United States Congress · 21 November 1989
Amends Federal law to authorize and request the President to designate May as Asian/Pacific American Heritage Month annually, beginning in 1990. (Current law designates a seven-day period beginning on May 4, 1979).
United States · United States Congress · 20 November 1989
Stewart B. McKinney Homeless Assistance Amendments Act of 1990 - Title I: General Provisions - Provides for budget compliance of this Act for FY 1991 through 1992. Title II: Interagency Council on the Homeless - Amends the Stewart B. McKinney Homeless Assistance Act (SBMHAA) to authorize appropriations through FY 1992. Extends the Interagency Council on the Homeless through FY 1992. Title III: Federal Emergency Management Food and Shelter Program - Amends SBMHAA to authorize appropriations for the Federal Emergency Management Food and Shelter Program through FY 1992. Title IV: Housing Assistance - Amends the SBMHAA to extend through FY 1992: (1) the emergency shelter grants program; (2) the supportive housing demonstration program; (3) supplemental assistance for facilities to assist the homeless; and (4) section 8 assistance for single room occupancy dwellings. Title V: Health Care for the Homeless - Amends the Public Health Service Act to authorize through FY 1992: (1) categorical grants for primary health services and substance abuse services; (2) block grants for community mental health services; and (3) alcohol and drug abuse treatment of homeless individuals. Amends SBMHAA to authorize appropriations for Community demonstration projects. Title VI: Education, Training, and Community Services Program - Amends SBMHAA to authorize appropriations for specified education, training, and community services programs through FY 1992. Title VII: Veterans Programs - Amends the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 to authorize appropriations for veterans medical programs through FY 1992.
United States · United States Congress · 19 November 1989
Waste Materials Management Act of 1989 - Authorizes appropriations for FY 1990 through 1993 to carry out the Solid Waste Disposal Act. Title I: Provisions Relating Primarily to Subtitles A and B of the Solid Waste Disposal Act - Amends the Solid Waste Disposal Act to revise provisions concerning congressional findings and objectives. Declares it to be U.S. national policy that: (1) the creation of surplus and remnant material from production processes shall be reduced and residuals from post-consumer products shall be managed as material resources; (2) materials are to be managed at Federal, State, and local levels using specified waste reduction and management strategies; and (3) the Administrator of the Environmental Protection Agency (EPA) and the States shall not differentiate in the enforcement of this Act on the basis of whether an owner or person engaged in waste disposal activities is a public or private person, whether a facility is located on or off the premises where waste is generated, or whether an activity is carried out on or off the premises where the waste is generated. Requires the Inspector General of the EPA to report annually to the Congress on the implementation of, and compliance with, the Solid Waste Disposal Act. Adds specified annual reporting requirements. Directs the Administrator, for five years following the date of enactment of this Act, to identify five of the most toxic and common constituents of municipal waste. Requires the Administrator to consider, with respect to each of the constituents, imposing the following: (1) a ban on the use of such a constituent in production; (2) a ban on disposal in landfills or treatment in incinerators of any product containing such a constituent; (3) a requirement for special management standards for such products after discard; and (4) a requirement for the use of a substitute constituent. Permits the Administrator to impose such bans or requirements only by promulgating regulations. Requires the Administrator to publish annually in the Federal Register any information on such actions. Prohibits the disposal of used lead-acid batteries other than by recycling in accordance with this Act. Requires persons to dispose of such batteries only by delivery to: (1) battery retailers or wholesalers; or (2) secondary lead smelters or collection or recycling facilities permitted by a State or the Administrator. Sets forth battery disposal requirements for retailers, wholesalers, and manufacturers. Makes violators of such requirements subject to fines under the Federal criminal code. Requires battery retailers, wholesalers, and manufacturers to accept from customers used batteries of the same type as the batteries sold. Directs retailers to post a notice for customers containing information about the illegality of improperly disposed batteries, the requirements for accepting and disposing of batteries, and the merits of conservation. Permits the Administrator to inspect any establishment pursuant to this Act and to issue warnings and citations for noncompliance. Subjects persons who fail to post notices after receiving a warning to penalties of up to $1,000 per day. Requires battery wholesalers who sell batteries to retailers to provide for removal of batteries from the retailers' place of business. Prohibits the charging of fees for accepting batteries from customers. Considers violations of battery collection requirements to be misdemeanors. Requires the Administrator to study and report to the Congress on the disposal and potential recyclability of household dry-cell batteries and the need for legislation, regulation, or further study on the disposal and recyclability of such batteries. Title II: Provisions Relating Primarily to Subtitle C of the Solid Waste Disposal Act - Identifies as a hazardous waste a waste containing more than .1 percent of any constituent listed in appendix VIII to part 261 of title 40 of the Code of Federal Regulations, unless the Administrator establishes another level for such constituent. Provides that: (1) the mixing of a hazardous waste with any other matter constitutes treatment requiring a permit; and (2) dilution of a hazardous waste through such mixing, such that the resulting mixture does not exceed the established concentration levels, does not alter the character of the material as a hazardous waste. Authorizes the granting of petitions to remove from the list a hazardous waste for periods of up to five years. Permits subsequent renewals of such petitions. Requires the Administrator to charge fees for the submission of such petitions. Directs the Administrator to promulgate regulations on the following characteristics of hazardous waste: (1) acute and aquatic toxicity; (2) persistence and bioaccumulation potential; (3) radioactivity; (4) carcinogenicity; (5) mutagenicity; and (6) phytotoxicity. Directs the Administrator to promulgate regulations requiring: (1) owners or operators of facilities which use materials containing hazardous constituents listed in the Code of Federal Regulations in a manufacturing process to test the waste generated for the presence of such constituents; and (2) owners or operators of facilities generating hazardous waste subject to land disposal prohibitions to test the waste to determine if it meets applicable treatment standards. Provides for routine testing at least every two years and additional testing when a significant change in generation or waste management processes occurs. Requires the Administrator to carry out hazardous waste programs directly in States unless a State is authorized to administer such requirements. Requires the Administrator, if a State's program is equivalent, to grant interim authorization to such State to administer such program in lieu of direct administration by the Administrator. Directs States with hazardous waste programs to report annually to the Administrator on such programs. Prohibits the Administrator from identifying used oil as a hazardous waste under the Solid Waste Disposal Act. Provides that any fuel derived from used oil that does not meet used oil specifications established by the Administrator and would otherwise be identified as a hazardous waste shall be deemed to be a hazardous waste. Directs the Administrator to promulgate regulations for persons who generate, transport, recycle, or dispose of used oil. Requires the Administrator, in developing such regulations, to conduct an analysis of the economic impact of such regulations on the used oil recycling industry. Provides that regulations for used oil generators shall: (1) prohibit the storage of used oil in an underground storage tank unless such tank meets requirements under this Act; (2) prohibit the storage of used oil for more than 12 months; (3) require generators to transfer such oil to specified permitted used oil recycling or disposal facilities or transporters; and (4) require generators to keep specified records on such oil. Requires used oil transporter regulations to provide that such transporters: (1) acquire identification numbers from EPA; (2) meet applicable financial responsibility requirements; and (3) keep specified records. Provides that used oil recycler regulations shall require recyclers to: (1) keep specified records; (2) test fuel produced from the recycling process before departure from the facility; and (3) obtain certain permits. Requires used oil disposal regulations to prohibit mixing used oil with any hazardous waste identified under the Solid Waste Disposal Act unless the resulting mixture does not exhibit hazardous waste characteristics or the mixture is burned to recover useful energy in a device designed such that protection of human health and the environment is assured. Directs the Administrator to promulgate regulations requiring owners or operators of new and existing recycling facilities to have class permits. Provides for annual inspections of such facilities to assure permit compliance. Sets forth requirements for interim class permits. Exempts from permit requirements: (1) facilities which refine at least 10,000 barrels daily of crude oil into petroleum products, are classified as S.I.C. number 2911 (pursuant to the Office of Management and Budget Standard Classification Manual) facilities, and whose volume of refined used oil is less than one percent of the total crude oil refined into lubricant base stock annually; and (2) facilities which compound or blend lubricating base oil into finished lubricant products as their principal activity, are classified as S.I.C. number 2899 or 2992 facilities, and whose volume of used oil compounded or blended into such products is no more than ten percent of the lubricating base oil compounded or blended annually. Exempts from used oil regulation requirements on-site activities at facilities classified as S.I.C. number 4911 facilities. Directs the Administrator to promulgate regulations governing such facilities. Requires the Administrator to promulgate regulations establishing specification standards for fuel derived from used oil to be burned in furnaces and boilers. Sets forth requirements to be effective if the Administrator fails to promulgate used oil regulations by the applicable deadline. Requires the Administrator to implement education programs to inform the public and small businesses about the environmental and safety hazards associated with improper handling and disposal of used oil and the benefits derived from used oil recycling. Authorizes appropriations. Requires producers or importers of lubricating oil to recycle for a period of ten years an amount of used oil equal to at least the amount determined by multiplying the amount of lubricating oil produced or imported that year by such persons by the recycling percentage established by the Administrator. Authorizes such individuals to comply with this Act by: (1) recycling (through re-refining) used oil or purchasing re-refined oil for purposes of producing lubricating oil; or (2) purchasing recycling credits under this Act. Requires producers and importers to report annually to the Administrator on the amount of oil produced or imported by such persons. Directs the Administrator to establish a recycling percentage that is two points higher than the existing recycling rate for lubricating oil. Provides for increases in such percentage of two points annually for ten years. Requires the Administrator to promulgate regulations allowing recyclers to create credits for used oil recycling and producers or importers of lubricating oil to purchase such credits. Provides that such regulations shall require: (1) owners or operators of used oil collection centers to keep receipts issued by transporters who take delivery of such oil and copies of agreements under which the transporter agrees to take such oil to a recycling facility; (2) such owners or operators to certify that oil taken by transporters is not mixed with hazardous wastes; (3) owners or operators of recycling facilities to be the only persons to create a recycling credit for the recycling credit system; (4) recyclers to certify that the substance being recycled is used oil that has not been mixed with hazardous wastes; (5) oil proposed to be recycled to have come from a used oil collection place or a transporter with an identification number; (6) specified records to be kept by recyclers and by importers or producers; and (7) recyclers to sell or distribute in commerce such oil as specification used oil, off-specification used oil, industrial specification used oil, or re-refined oil. Directs the Administrator to report to the Congress on such regulations and to include: (1) a discussion of the effects of such regulations on the oil industry and the environment; and (2) an evaluation of the level of the recycling percentage and whether such percentage should be increased in future years. Requires an updated version of such report to be submitted within ten years of this Act's enactment. Applies recycling requirements to persons who import or produce more than 100,000 gallons of lubricating oil annually. Sets the recycling percentage at 40 percent if the Administrator fails to promulgate such regulations. Directs the Administrator to promulgate regulations requiring owners or operators of existing and new hazardous waste facilities to have class permits. Requires such permits to include provisions for: (1) public notice and comment; (2) environmental monitoring; (3) closure and post closure requirements; (4) financial responsibility; (5) annual on-site inspections; and (6) penalties for noncompliance. Requires the Administrator to impose additional requirements, as necessary. Requires the following facilities, unless excluded from regulation, to have such permits: (1) recycling facilities; (2) facilities engaged in precious metal recovery; (3) facilities engaged in spent lead-acid battery reclamation; and (4) hazardous waste storage facilities. Title III: Provisions Relating Primarily to Subtitle D of the Solid Waste Disposal Act - Subtitle A: Provisions Relating to Solid Waste Management Plans - Revises requirements for State solid waste management plans. Requires such plans to include: (1) an estimate of the capacity of the State to manage such waste; (2) permit programs; (3) solid waste recycling, reduction, incineration, and land disposal elements; (4) an overall waste materials strategy to cover one of two specified planning periods; (5) waste inventories; (6) personnel training and public education; (7) requirements for the management of household hazardous waste, tires, yard waste, and large household appliances; and (8) annual reporting requirements. Sets forth submission, approval, and implementation procedures for State plans. Authorizes a State with an approved plan and certification of compliance to: (1) prohibit the transportation of solid waste generated from another State into such State for disposal, storage, or incineration purposes; (2) prohibit the incineration, disposal, or storage of such waste; and (3) levy fees on solid waste or solid waste transporters that differentiate rates or other aspects of payment on the basis of waste origin. Requires such State, prior to exercising such authority, to certify to the Administrator that it has: (1) completed construction on facilities that will provide at least 70 percent of the capacity for solid waste management needed to implement the State plan; and (2) completed siting approval on facilities that will provide 100 percent of such capacity. Prohibits the interstate transport of solid waste in any State: (1) that does not have an approved plan within a specified time period; (2) that cannot certify continuing compliance; or (3) for which that the Administrator has withdrawn approval of the State plan. Permits the Administrator to develop a plan for, and charge, any State that has not submitted a plan. Requires States to establish permit programs and issue permits to solid waste management facilities in compliance with this Act. Prohibits the incineration, storage, or disposal of such waste at, or the transportation of such waste to, facilities without permits. Sets forth transitional permit requirements and deadlines. Limits permit terms to ten years and provides for permit modifications, as appropriate. Authorizes States to grant variances from permit requirements if demonstrated that no adverse effects to human health or the environment will result from such variances. Subtitle B: Provisions Relating to Federal Requirements - Directs the Administrator to promulgate standards, guidelines, and regulations for: (1) municipal solid waste landfills; (2) municipal solid waste incinerators; (3) industrial waste; (4) above-ground storage tanks; and (5) other waste categories, as appropriate. Permits State Governors to petition the Administrator for the promulgation of additional standards, guidelines, and regulations. Sets forth requirements for municipal solid waste landfills, to include: (1) specified detection and monitoring controls; (2) daily cover; (3) closure and postclosure requirements; (4) financial responsibility and corrective action requirements; (5) groundwater monitoring; (6) liners and leachate collection and removal systems, as appropriate; (7) construction quality assurance plans; and (8) prohibitions on landfills being located within the 100-year flood plain, within specified distances of faults, or within seismic impact zones or other unstable areas, unless certain conditions have been met. Requires the Administrator to publish guidelines for identifying materials which should be removed from solid waste before its incineration in a municipal solid waste incinerator. Directs the Administrator to promulgate regulations applicable to the operation and management of municipal solid waste incinerators and to the disposal or recycling and reuse of municipal solid waste incinerator ash. Prohibits the disposal of ash in units that are created as a result of vertical expansion of an existing waste disposal facility unless it is demonstrated that there will be no settling of waste that would impair the integrity of the liners. Requires that landfills into which such ashes are disposed provide for groundwater monitoring and: (1) place such ashes in a monofill having a leachate collection system and a single liner designed and operated to prevent the migration of any constituent into such liner; or (2) have two or more liners and a leachate collection system above and between such liners. Provides that landfill design requirements shall not apply to alternatively-designed units if demonstrated that such designs prevent such migration. Directs the Administrator to prescribe criteria and testing procedures for identifying the hazardous properties of municipal incinerator ash so that ash which does not exhibit such properties may be placed in sanitary landfills meeting current criteria under specified conditions. Requires ash which is hazardous to human health or the environment to be treated prior to recycling or reuse. Prohibits, four years after this Act's enactment, the operation of incinerators and the receipt of ash for treatment, storage, disposal, reuse, or recycling without a permit or prior approval under a State program. Requires civil penalties imposed against local governments for violations of this Act to be deposited into a trust fund for programs that serve to enhance the protection of human health and the environment. Sets forth transitional provisions. Requires the Administrator to identify, classify, and report to the Congress and States on specified types of industrial waste. Directs generators or transporters of such waste and owners or operators of facilities handling such waste to file notifications with the State concerning facility locations and descriptions of activities and wastes handled. Sets forth requirements for industrial waste management, to include: (1) authorizations to operate; (2) monitoring, recordkeeping, and reporting requirements; (3) performance standards; (4) financial responsibility assurances; (5) design, operating, closure, and postclosure criteria; and (6) corrective action requirements. Applies such requirements to the following facilities: (1) industrial waste facilities that produce such waste and are not implementing closure or postclosure plans; and (2) inactive or abandoned facilities that are reactivated. Requires the Administrator to study the adverse effects on human health and the environment of the disposal of other nonhazardous waste. Directs the Administrator to promulgate solid waste storage regulations. Excludes from such regulations storage at transportation-related facilities. Requires State plans and permits to include requirements for municipal solid waste landfills and incinerators and for industrial wastes. Subtitle C: Other Provisions - Directs the Administrator to compile and periodically update a non-hazardous solid waste inventory to determine, by State or region: (1) an estimate of the amount of such waste to be generated annually and likely to be generated in each of the next 20 years; and (2) the capacity of existing and proposed waste management facilities. Sets forth Federal enforcement provisions. Prescribes civil and criminal penalties for violations of solid waste management requirements. Title IV: Provisions Relating Primarily to Subtitle H of the Solid Waste Disposal Act - Requires the Administrator to: (1) develop model recycling programs for States and localities; and (2) carry out a continuing program to evaluate demonstrated waste management technologies that could be used by municipalities and report periodically on such program. Prohibits the Administrator from funding the development or demonstration of such technologies. Title V: Provisions Relating Primarily to Subtitle I of the Solid Waste Disposal Act - Directs the Administrator to promulgate regulations applicable to above-ground storage tanks. Applies such requirements to all tanks except those subject to the requirements of subtitle C of the Solid Waste Disposal Act. Exempts from this Act's requirements releases of small quantities of regulated substances which will not endanger human health and the environment and particular tanks, as appropriate. Requires such regulations to include requirements for field-erected tanks. Directs owners and operators of such tanks to implement release prevention plans which provide for release prevention systems capable of: (1) catching and holding 110 percent of the full capacity of the tank and preventing releases beyond tank boundaries; and (2) restraining drainage and preventing contamination of soil and water. Requires the plan and system to be inspected by a registered engineer who is not employed by the owner or operator. Directs the engineer, if the system does not reflect good engineering practices or the tank does not comply with the regulations, to notify the Administrator or the State. Provides for amendments of release prevention plans whenever there is a major modification in the tank which affects the tank's potential to release substances. Sets forth recordkeeping and reporting requirements for field-operated tanks. Prohibits the operation of such tanks after a release unless the Administrator determines that such prohibition is not necessary. Requires the regulations to include requirements for shop-fabricated tanks. Directs the Administrator to: (1) establish an inspection program for such tanks in the factory when construction is complete and before the tanks enter interstate commerce; and (2) require such tanks to bear labels with specified manufacturing, capacity, and use information. Provides for requirements relating to the installation of such tanks. Directs the Administrator, as necessary, to promulgate financial responsibility requirements for taking corrective action and compensating third parties for bodily injury and property damage caused by accidental releases from above-ground storage tanks. Permits the establishment of financial responsibility for a spill by any means the Administrator deems appropriate. Authorizes the assertion of claims against guarantors providing evidence of financial responsibility for claims against insolvent owners or operators of tanks. Limits guarantor liability to the aggregate amount which the guarantor has provided as evidence of financial responsibility to the owner or operator. Authorizes the Administrator to establish coverage requirements which may vary among particular classes or categories of above-ground storage tanks. Permits the Administrator to make grants to States for carrying out enforcement requirements. Authorizes a State to submit for the Administrator's review and approval a program under which such State would assume primary responsibility for the enforcement of regulations pertaining to above-ground storage tanks. Requires that State regulation and enforcement procedures be at least as stringent as those used by the Administrator. Requires the Administrator to: (1) monitor State programs for compliance with this Act's requirements; and (2) provide technical assistance to assist States, local governments, and owners and operators in complying with this title. Authorizes the Administrator to issue compliance orders or commence civil actions against violators of this Act's requirements, but requires that prior notification be given to States operating their own programs. Imposes criminal and civil monetary penalties for violations of this Act's requirements. Makes tank owners and operators liable for the Administrator's corrective action costs and damages. Authorizes the Administrator to require a tank owner or operator to undertake corrective action in response to any release of a regulated substance from the tank when such action will be done properly and promptly. Permits the Administrator, upon notification of a release, to prohibit operations in a facility until such action has been taken. Authorizes the Administrator to take corrective action where the owner or operator fails to take prompt and effective action and human health and the environment are endangered. Prohibits indemnification agreements from transferring liability under this title. Prohibits States or political subdivisions from enforcing requirements for shop-fabricated tanks that are more stringent than those imposed under this title. Authorizes appropriations. Prohibits the Administrator from enforcing financial responsibility regulations with respect to an owner or operator of an underground storage tank if such owner or operator has applied for insurance. Revises provisions concerning financial responsibility for such tanks. Requires the Administrator to evaluate and report to the Congress on the effects of financial responsibility regulations on the cost and availability of insurance used to demonstrate financial responsibility. Title VI: Waste Materials Reduction - Authorizes any person to petition a Federal agency to undertake a waste reduction action if such action would bring about at least a ten percent increase in recycling of the petitioned item, reduce by at least ten percent the total volume or toxic constituents of a waste described in the petition, or would bring about a net savings in true cost to the Federal Government or be neutral in effect or cost. Requires each Federal agency to designate a waste reduction officer to oversee compliance with Federal agency waste reduction requirements, prepare agency waste reduction plans, and report annually to the Administrator on the implementation of such plans. Directs the Administrator to establish a clearinghouse within EPA to collect and disseminate information on waste reduction and recycling. Makes such information available to the public. Requires the Administrator to establish a commission to study and report to the President and the Congress on waste reduction with respect to consumer products and packaging. Provides for the submission of periodic reports by the commission on the status of waste reduction efforts by the Federal Government and industry. Terminates the commission five years after the date of its establishment. Title VII: Procurement and Marketing of Recycled Materials - Applies Federal procurement requirements concerning recycled goods to States or other entities if such entities use funds appropriated to a Federal agency to which such procurement requirements apply. Directs the Administrator for Federal Procurement Policy to report to the Congress on the effect of a certain price preference concerning the procurement of recycled paper products. Requires affirmative procurement programs to include: (1) programs for monitoring compliance by States, political subdivisions, and contractors with recovered materials procurement requirements; and (2) a requirement that paper procured for uses which have enduring value be permanent paper. Requires such agencies to report annually to the Administrator on such programs and on the amount and value of recovered materials procured. Makes such report available to the public. Directs the EPA Administrator to: (1) report biennially to the Congress on the progress made by Federal agencies in implementing recovered materials procurement programs; and (2) review and revise, if necessary, guidelines concerning such programs which were prepared before this Act's enactment. Prohibits Federal agencies from entering into procurement contracts with any persons convicted of specified offenses of the Solid Waste Disposal Act if such a contract is to be performed at the facility at which the violation occurred. Authorizes the President to make exemptions to such prohibition. Requires the President to report annually to the Congress on the implementation of such prohibition. Directs the Secretary of Commerce to conduct a biennial survey that: (1) identifies the major domestic uses for, and users of, recovered and recycled materials; (2) documents or estimates the amounts of such materials used, exported, and imported annually; and (3) identifies the markets for such materials and the products made from such materials. Requires the Secretary and the Administrator to establish an interagency working group to: (1) promote markets in recovered and recycled materials and link sources of such materials with potential markets; (2) work cooperatively with generators, collectors, transporters, users, and regulators of such materials and with manufacturers of products containing such materials; (3) link businesses dealing in such materials with potential sources of capital; (4) educate government and business officials about potential commerce in such materials; (5) coordinate efforts to promote lawful commerce in such materials; (6) encourage reuse and recycling of solid waste; and (7) identify the institutional, economic, and technical barriers to the use of such materials. Directs the Secretary to take such actions as may be necessary to stimulate the development of new domestic markets for such materials. Requires the Secretary and the U.S. Trade Representative to: (1) identify foreign markets for recovered materials and products containing a high content of recycled materials; and (2) assist exporters in selling such materials and products in foreign markets. Title VIII: Financial Assistance - Authorizes the Administrator to provide financial assistance to States with approved solid waste management plans to develop programs to encourage and facilitate recycling. Permits the Administrator to: (1) provide financial assistance to States and local authorities for solid waste management planning; (2) make bonus grants to municipalities or other agencies that demonstrate achievement of a recycling rate greater than 25 percent; (3) make loans to States for waste reduction activities and programs in rural areas to collect household hazardous waste and waste from small quantity generators. Title IX: Other Provisions - Permits Government agencies to retain any amounts received from sales of materials or energy recovered from solid waste. Requires the Administrator to promulgate regulations for the use and composition of compost made from yard waste. Revises oil labeling requirements to direct the Administrator to promulgate regulations requiring packages of lubricating oil (of less than five gallons) sold in commerce to bear a label stating that used oil should be taken to collection centers. Directs the Administrator to promulgate regulations requiring rigid and semi-rigid plastic packaging and products sold in commerce to bear a label identifying the plastic resin used in such packaging and products. Authorizes the Administrator, subject to certain conditions, to: (1) treat Indian tribes as States under the Solid Waste Disposal Act; (2) delegate to such tribes primary enforcement responsibility for programs under such Act; and (3) provide such tribes grant and contract assistance to carry out such functions. Permits States and Indian tribes, subject to the Administrator's approval, to enter into cooperative agreements to administer such Act. Requires the Administrator to report to the Congress on measures for addressing hazardous and solid wastes and underground storage tanks in Indian country. Directs the Administrator to undertake a continuing program to establish an inventory of hazardous waste sites and solid waste open dumps in Indian country. Requires the Administrator to assist Indian tribes that operate such dumps in upgrading such facilities.
United States · United States Congress · 19 November 1989
Democracy in El Salvador Act of 1989 - Makes El Salvador ineligible for any American assistance or military financing, except for humanitarian assistance. Provides that such assistance shall be disbursed directly to private voluntary relief organizations. Makes such sanctions inapplicable if the President certifies (and the Congress approves such certification by joint resolution) that the Government of El Salvador: (1) has prosecuted those responsible for the murders of certain faculty members of the Jose Simeon Canas Central American University; (2) has removed from public office and responsibilities all those connected with death squad activity; (3) has established a judiciary free from political pressures; (4) is taking every measure to avoid civilian casualties and is allowing neutral humanitarian organizations to evacuate the dead and wounded and to provide emergency relief to civilians; (5) is abiding by the Geneva Convention with regard to combatants; and (6) is seeking to establish a cease-fire in the civil war. Provides that a motion to consider such a joint resolution shall be treated as highly privileged in the Congress.
United States · United States Congress · 17 November 1989
Freedom of Choice Act of 1989 - Provides that a State may not restrict the right of a woman to choose to terminate a pregnancy: (1) before fetal viability; or (2) at any time, if such termination is necessary to protect the life or health of the woman. Allows a State to impose requirements medically necessary to protect the life or health of such women.
United States · United States Congress · 16 November 1989
National Environmental Education Act - Directs the Administrator of the Environmental Protection Agency (EPA) to establish an Office of Environmental Education within the Office of External Affairs to carry out this Act. Establishes an Environmental Education and Training Program to train educational professionals in the development and delivery of environmental education and training programs and studies. Directs the Administrator to make an annual grant to an institution of higher education or nonprofit research institution to establish and operate such program. Sets forth application and eligibility requirements and criteria to be considered in awarding such grants. Authorizes the Administrator to enter into cooperative agreements or provide grants to support projects to design, demonstrate, and disseminate practices related to environmental education and training. Outlines activities eligible for grant support and priorities in awarding such grants. Requires the Administrator to publish an annual solicitation for environmental education grants. Authorizes local education agencies, colleges or universities, State education or environmental agencies, or nonprofit agencies to apply for such grants. Limits Federal funds for demonstration projects to 75 percent of the total cost, except in specified instances. Limits such grants to $100,000 and requires 25 percent of all funds obligated under this section to be for grants of no more than $5,000. Requires the Administrator to provide for internships by postsecondary students with Federal agencies involved in environmental issues. Directs the Administrator, to the extent practicable, to support at least 150 internships annually. Makes eligible for participation in such program students enrolled at accredited colleges or universities who have successfully completed at least four courses or the equivalent in environmental sciences. Requires the Administrator to provide for a series of national awards recognizing outstanding contributions to environmental education to include: (1) the Theodore Roosevelt Award for environmental teaching or administration; (2) the Henry David Thoreau Award for literature on the environment and pollution problems; and (3) the Rachel Carson Award for film or print media for public education and information on environmental issues or problems. Provides that recipients of such awards shall be nominated by the Environmental Education Advisory Council. Requires the regional administrator of each EPA office to present an "Outstanding Environmental Educator Award" annually to a teacher or faculty member from a local education agency, college or university, or nonprofit organization in recognition of an outstanding contribution to environmental education. Establishes a National Environmental Education Advisory Council. Requires the Council to report biennially to the Congress on: (1) the extent and quality of environmental education in the Nation's schools; (2) activities conducted pursuant to this Act; (3) obstacles to improving environmental education; and (4) training and skills needed to respond to environmental problems. Establishes the Environmental Education Trust Fund to carry out this Act. Allocates funding for this Act's activities and authorizes 50 percent of penalties received under specified environmental Acts to be appropriated to the Fund.
![Official portrait of Rep. Edwards, Don [D-CA-10]](https://www.congress.gov/img/member/e000064_200.jpg)