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 · 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 · 24 January 1990
Makes it unlawful to ship or transport any solid waste generated in a State into another State for treatment or disposal if such shipment or transportation is in violation of the laws of the recipient State. Authorizes States to enact and enforce laws regulating the treatment and disposition of solid waste, including laws regulating the importation of such wastes into States. Prescribes penalties for violations of this Act, including up to ten years' imprisonment for subsequent violations. Requires the Administrator of the Environmental Protection Agency, by regulation, to require persons transporting or shipping more than 100 pounds of solid waste in interstate commerce to submit annual registration statements. Directs the Administrator, upon request, to make such statements available to the public.
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
Unsolicited Sexually Oriented Advertisements Prevention Act - Establishes a civil penalty for mailing sexually oriented advertisements to individuals included on the Postal Service's list of persons who have indicated a desire not to receive any such mailings. Eliminates the charge for being on such list.
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 · 21 November 1989
Expedited Consideration of Proposed Rescissions Act of 1990 - Amends the Congressional Budget and Impoundment Control Act of 1974 to require a special message, in the case of budget authority proposed to be rescinded or reserved, to include language amending the law authorizing such programs to allow them to continue to function at the proposed new level of budget authority. Allows the President to transmit to both Houses of the Congress, for expedited consideration, one or more special messages proposing to rescind all or part of any item of budget authority provided in an appropriation bill. Requires that such special message be transmitted not later than three days after the President approves the appropriation bill and be accompanied by a draft bill or joint resolution that would, if enacted, rescind the budget authority proposed to be rescinded. Sets forth House and Senate procedures for the expedited consideration of such a proposal.
United States · United States Congress · 20 November 1989
Commission to Study Reparation Proposals for African Americans Act - Establishes the Commission to Study Reparation Proposals for African Americans to: (1) examine slavery and discrimination in the colonies and the United States from 1619 to the present, including the lingering negative effects on living African Americans and on U.S. society; and (2) recommend appropriate remedies, including whether the U.S. Government should offer a formal apology and whether some form of compensation is warranted and, if so, its amount, form, and eligibility requirements. Terminates the Commission 90 days after submission of its final report. Authorizes appropriations.
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
Miscellaneous and Technical Social Security Act Amendments of 1989 - Title I: Time-Sensitive Provisions - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to extend the continued provision of disability benefits during appeal through June 1991. Amends the Railroad Retirement Solvency Act of 1983 to transfer increases in FY 1990 railroad retirement tax liabilities to the Railroad Retirement Account. Amends the Social Security Disability Amendments of 1980 to extend the authority for disability insurance demonstration projects through 1992. Title II: Technical Provisions - Amends the Internal Revenue Code to make agreements to provide OASDI coverage of U.S. citizens and residents employed abroad by a foreign affiliate of an American employer effective until the foreign entity ceases to be a foreign affiliate. Excludes refunds required to be paid to employees by employers who have duplicated Medicare (title XVIII of the Social Security Act) coverage in their employee benefit package from consideration as wages or compensation for OASDI or taxation purposes. Amends the OASDI program to eliminate carryover reductions in retirement or disability benefits due to the receipt of widow's or widower's benefits before age 62. Amends the Internal Revenue Code to exempt certain church employees from the self-employment tax if their services are exempt from the employment tax on wages. Clarifies the inclusion of partnerships among employers eligible for religious exemption from employment taxes. Subjects to railroad retirement taxes: (1) payments for group-term life insurance which is includable in the employee's gross income as compensation; and (2) certain deferred compensation. Excludes the value of meals or lodging from railroad retirement taxes if at the time of such furnishing it was unreasonable to believe that the employee could exclude such items from income. Title III: Additional Amendments - Makes individuals who attained age 18 prior to being adopted by parents who were already entitled to old-age or disability insurance benefits eligible for child's insurance benefits if they lived with or were dependent upon such parents for the year preceding their adoption. Deems an individual who failed to apply for OASDI or SSI (title XVI (Supplemental Security Income) of the Social Security Act) benefits due to misinformation presented by an officer or employee of the Social Security Administration (SSA) to have applied for such benefits on the later of the date such information was provided to such individual or the date such individual met all eligibility requirements for such benefits. Guarantees that individuals whose visit to an SSA Office is occasioned by their receipt of a notice requiring a timely response or their loss or nonreceipt of OASDI or SSI benefits will be seen for an interview that same day. Restricts the Secretary of Health and Human Services' authority to amend wage records after the expiration of the time limit for such amendments. Requires the Secretary to take into account an OASDI or SSI beneficiary's physical, mental, educational or linguistic limitations in specified situations when deciding whether his or her action or omission should result in the discontinuance of benefits or forfeiture of payments. Provides that individuals who are applying for or receiving OASDI benefits on the basis of blindness may elect to receive notice of decisions made and actions taken with respect to their rights under the program: (1) by certified mail and by telephone five days after such mailing; or (2) by some alternative procedure established by the Secretary. Requires the Secretary to: (1) maintain the names of representatives of OASDI and SSI claimants in the SSA's electronic information retrieval system; and (2) provide written notice to such claimants of the availability of attorneys to represent them in presenting their cases before the Secretary. Amends part A (General Provisions) of title XI of the Social Security Act to require the Secretary to provide, upon request, beginning by October 1, 1990, a social security account statement to individuals who have a social security number, have wages or self-employment earnings, and have attained age 25 (hereinafter referred to as "eligible individuals"). Directs the Secretary to assure that eligible individuals are informed of the availability of the statement. Makes the provision of such statement to each eligible individual who attains age 60 and is not receiving benefits under title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Act mandatory from FY 1995 through 1999, if his or her mailing address can be determined. Requires the provision of such statement biennially by FY 2000 to each eligible individual who is not receiving OASDI benefits and for whom a mailing address can be determined. Title IV: Human Resource and Income Security Provisions - Amends part B (Child Welfare Services) of title IV of the Social Security Act to increase authorized appropriations under such part. Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to extend through FY 1992: (1) the ceiling on Federal payments to States for foster care expenditures; and (2) the authority for States to use such payments to cover expenditures under the Child Welfare Services program. Increases the appropriations level which triggers the foster care ceiling. Makes miscellaneous technical corrections to the Family Support Act of 1988, the Tax Reform Act of 1986, and the Social Security Act. Provides for the conduct of demonstration projects in up to ten communities to determine the extent to which the use of volunteer senior aides in the provision of basic medical assistance and support to families with disabled or chronically ill children reduces the cost of caring for such children. Excludes Agent Orange settlement payments from income or resources in determining eligibility for benefits under certain Federal or federally assisted programs. Prohibits the Secretary from penalizing States under parts B or E of title IV of the Social Security Act before FY 1991 by reason of a determination made in connection with any triennial review of State compliance with foster care protections. Title V: Medicare, Medicaid, and Miscellaneous Health - Subtitle A: Miscellaneous Amendments Relating to Part A of Medicare - Amends the Medicare program to require that payments for blood clotting factors administered to inpatient hemophiliacs be made on the basis of a predetermined price per unit consumed. Allows individuals under age 65 whose entitlement to OASDI disability benefits ended due to their employment earnings to enroll in part A (Hospital Insurance) of the Medicare program. Requires the Secretary, at the request of a State, to permit qualified Medicare beneficiaries in the State (enrolled under part B of the Medicare program) to enroll in the Hospital Insurance program. Requires studies into the appropriateness of an adjustment to the methodology of determining payment amounts for hospitals serving a disproportionate share of Medicare beneficiaries and on methods of compensating hospices for high-cost care. Authorizes the Secretary to assign a new base period to a hospital in determining Medicare hospital payment amounts when such hospital's costs are skewed by events beyond the hospital's control or extraordinary circumstances. Imposes obligations on hospitals regarding the treatment of emergency medical conditions and indigent care. Provides for the release of hospital accreditation surveys to the Secretary and the Secretary's release of survey information which relates to an enforcement action. Permits the Secretary to withdraw a hospital's Medicare-approved status on the basis of information other than accreditation surveys. Establishes intermediate sanctions for psychiatric hospitals. Permits certain merged or consolidated hospitals to receive Medicare periodic interim payments. Alters the basis for judging the effectiveness of a waiver of Medicare hospital reimbursement mechanisms in favor of a State hospital reimbursement control system. Prohibits the Secretary from requiring a hospital to change its bad debt recognition policy approved as of August 1, 1987. Requires the Secretary to determine a nursing facilities routine service costs using data collected no earlier than October 1985. Permits dentists to serve as hospital medical directors. Directs the Comptroller General to conduct a study of the differences in costs and case-mix between hospital-based and freestanding skilled nursing facilities. Prohibits the Secretary from collecting overpayments from hospitals in Massachusetts prior to May 1990 occurring during a specified statewide hospital reimbursement demonstration project. Permits nurse practitioners and clinical nurse specialists to certify an individual's need for Medicare extended care and hospice services. Provides for the future annual recalibration of diagnosis-related group (DRG) weights on a budget-neutral basis. Establishes a demonstration program under which the Secretary makes grants to no more than seven States for use in: (1) planning and implementing a rural health care plan and rural health networks; (2) designating hospitals or facilities as essential access community hospitals or rural primary care hospitals; and (3) developing and supporting communication and emergency transportation systems. Authorizes hospitals and facilities in grant States to apply, subject to the State's approval, to the Secretary for a grant to finance the costs it incurs in converting itself to a primary care hospital or in becoming part of a rural health network in the State in which it is located. Requires that hospitals designated as essential access community hospitals be isolated rural hospitals that have at least 75 inpatient beds and provide emergency and medical backup services to rural primary care hospitals in their rural health network and throughout their service area. Requires that rural primary care hospitals provide 24-hour emergency care and no more than 72 hours of inpatient care for no more than six inpatients. Requires States, in designating facilities as rural primary care hospitals, to give preference to facilities participating in the rural health network. Defines a "rural health network" as an organization consisting of at least one essential access community hospital, rural referral center, or urban regional referral center and at least one rural primary care hospital which cooperate in the deliverance of health care. Authorizes appropriations for FY 1990 through 1992 for such demonstration program. Amends the Omnibus Budget Reconciliation Act of 1987 to extend the Rural Health Care Transition Grant Program through FY 1992, and permit hospitals to use grants received under such Program to provide instruction and consultation via telecommunications to physicians in rural health manpower shortage areas, to develop a plan for converting to rural primary care hospitals or to develop a rural health network, if located in a State participating in the preceding demonstration program. Amends the Medicare program to treat essential access community hospitals as sole community hospitals. Covers inpatient rural primary care hospital services. Establishes the Medicare Geographical Classification Review Board which shall consider hospital requests for changes in their geographical classification pursuant to guidelines to be issued by the Secretary. Directs the Secretary to fashion a legislative proposal eliminating the system of determining separate average standardized payment amounts for hospitals located in large urban, other urban, or rural areas. Requires the Prospective Payment Assessment Commission to conduct a study regarding Medicare reimbursement of small rural hospitals and rural sole community hospitals. Subtitle B: Miscellaneous Amendments Relating to Part B of the Medicare Program - Amends part B (Supplementary Medical Insurance) of the Medicare program to extend maximum allowable actual charge limits for nonparticipating physicians through 1991. Permits the coverage of additional inserts for therapeutic shoes for individuals with severe diabetic foot disease and the substitution of shoe modifications for inserts. Extends indefinitely the coverage of certified registered nurse anesthetist services as inpatient hospital services when furnished at rural hospitals with 500 or fewer surgical procedures requiring anesthesia services per year. Increases the payment limit for physical and occupational therapy services. Requires studies into payments for portable X-ray services, ambulance services, hospital outpatient services, assistants at surgery, blood clotting factor for hemophilia patients, and standards for the use of and payment for durable medical equipment. Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to terminate four specified municipal health service demonstration projects by January 1, 1994. Amends the Medicare program to narrow the range of acceptable purchase prices for durable medical equipment. Covers diagnostic tests performed in physician office labs which meet specified certification requirements. Subtitle C: Miscellaneous Amendments Relating to Parts A and B of the Medicare Program - Sets forth hospital responsibilities with respect to the treatment or transfer of individuals having emergency medical conditions. Imposes penalties against physicians who engage in specified acts related to the examination, treatment, or transfer of individuals with emergency medical conditions. Amends the Omnibus Budget Reconciliation Act of 1986 to extend, through 1993, the application of a waiver of the Medicare requirement that health maintenance organizations (HMOs) must have an enrolled population of which not more than 50 percent are Medicare or Medicaid (title XIX of the Social Security Act) beneficiaries to HMOs which had a pre-existing waiver of such requirement and received specified grants in FY 1987. Amends the Medicare program to limit physician charges for emergency services or out-of-area coverage provided to an HMO enrollee by a person who is not under contract with such HMO. Amends the Deficit Reduction Act of 1984 to make the authority for HMO benefit stabilization funds permanent. Amends the Medicare program to require rural health clinics to have a nurse practitioner, physician assistant, or certified nurse-midwife available to furnish patient care at least 50 percent of the time the clinic operates. Covers social worker services furnished to outpatients of rural health clinics. Expands the area within which rural health clinics may be located. Requires the dissemination of rural health clinic application information and materials. Prohibits the Secretary from denying the certification of a facility as a rural health clinic if such facility is located on an island and would meet certification requirements but for the requirement that physician assistant or nurse practitioner services be provided in the facility. Expands the functions of the Office of Rural Health Policy. Alters the home health claims denial process. Extends the Secretary's authority to contract with fiscal intermediaries and carriers on other than a cost basis. Amends the Omnibus Budget Reconciliation Act of 1987 to expand a rural health medical education demonstration project. Establishes a triage demonstration project in a public hospital located in a large urban area. Directs the Comptroller General to conduct a study of the administrative burden of Medicare regulations and program requirements on providers, fiscal intermediaries, and carriers. Gives the Secretary guidelines to consider in distributing remaining payment amounts to end stage renal disease network organizations after covering their administrative costs. Makes liability limitations and information disclosure prohibitions established under part B (Peer Review) of title IX of the Social Security Act applicable to network organizations. Directs the Secretary to report to the Congress on the methodology and rationale used to establish a Medicare payment rate for the drug erythropoietin. Amends the Medicare Catastrophic Coverage Act of 1988 and part A (General Provisions) of title XI of the Social Security Act to make miscellaneous amendments affecting the United States Bipartisan Commission on Comprehensive Health Care and the National Commission on Children. Continues the use of the home health wage index in effect prior to July 1, 1989, until July 1, 1990. Directs the Secretary to conduct a study regarding staffing at the Health Care Financing Administration. Amends part B (Peer Review) of title XI of the Social Security Act to require Peer Review Organizations (PRO) which review non-physician services to include practitioners of such services within their review body. Requires PROs to give providers whose services are denied Medicare coverage an opportunity for reconsideration of the determination before patients or organizations responsible for paying claims are notified of such determination. Subtitle D: Miscellaneous Amendments Relating to Medicaid - Makes miscellaneous technical amendments to the Medicaid program. Subtitle E: Miscellaneous Amendments Relating to Nursing Home Reform - Makes miscellaneous amendments to Medicaid and Medicare requirements imposed on nursing facilities by the Omnibus Budget Reconciliation Act of 1987. Subtitle F: Extension of COBRA Continuation Coverage for Disabled Employees - Amends the Internal Revenue Code to extend group health plan coverage of the spouse or dependent of an employee from 18 to 29 months after the employee's job is terminated, if such spouse or dependent was disabled at such time.
United States · United States Congress · 19 November 1989
Amends the Internal Revenue Code to provide for the treatment of rental and nonrental real estate activities under the limitations on losses from passive activities.
United States · United States Congress · 17 November 1989
Screening Mammography Medicare Coverage Act of 1989 - Amends title XVIII (Medicare) of the Social Security Act to cover screening mammographies for women over age 34 under part B (Supplementary Medical Insurance) of the Medicare program.
United States · United States Congress · 17 November 1989
Amends the Trade Act of 1974 to require the United States Trade Representative to impose practices that prohibit or limit the foreign investment in the United States on those foreign countries that have similar practices against U.S. investment.
United States · United States Congress · 17 November 1989
Sets forth the tax treatment of any waiver of an interest adjustment clause under obligations issued to tax-exempt organizations with respect to the pro rata allocation of the interest expense of financial institutions to tax-exempt interest.
United States · United States Congress · 16 November 1989
Social Security Claimants Representation Act of 1989 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to set limits on the fees recoverable by attorneys who represent OASDI claimants in favorable determinations before the Secretary of Health and Human Services. Establishes procedures for recovering such fees.
United States · United States Congress · 8 November 1989
Authorizes the President, on behalf of the Congress, to present a gold medal to Laurance Spelman Rockefeller in recognition of his leadership on behalf of natural resource conservation and historic preservation. Authorizes appropriations. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal.
United States · United States Congress · 7 November 1989
Directs the heads of Federal departments or agencies which hold or receive records and information which have or could possibly have been correlated to U.S. personnel listed as prisoners of war or missing in action in World War II and the Korean and Vietnam conflicts to publicly disclose such records and information, except where such disclosure would compromise national security. Requires the Department of Defense to publicly disclose a complete list of such personnel including those killed in action (body not returned) in such hostilities with each service member's current classification as well as any changes in such classification occurring during or after such hostilities.
United States · United States Congress · 7 November 1989
Directs the Secretary of the Treasury to reduce a former President's retirement allowance by a certain amount if the Secretary determines that such individual's earned income exceeds his or her initial retirement allowance. Requires such determination to be done one month after the anniversary of an individual becoming a former President. Requires each former President to provide the information required by the Secretary to make such a determination in order to continue receiving such allowance.
United States · United States Congress · 7 November 1989
Extends past December 31, 1989 (the current deadline), the provision of educational assistance benefits to those veterans who: (1) are not entitled to benefits under the All-Volunteer Force Educational Assistance program; and (2) were prevented from completing a program of education before such date because of a physical or mental disability which was not the result of the veteran's own willful misconduct. Terminates such assistance in any case after December 31, 1995.
United States · United States Congress · 24 October 1989
Federal Reserve Reform Act of 1989 - Amends the Federal Reserve Act to direct the Federal Open Market Committee to meet and consult with the Secretary of the Treasury, the Director of the Office of Management and Budget, and the chairman of the Council of Economic Advisors during certain periods related to the submission of: (1) certain reports by the Board of Governors to the Congress; and (2) the President's budget for the coming fiscal year. Changes the term of office of the Chairman of the Board of Governors of the Federal Reserve System from four years to the period ending on January 31 of the first calendar year beginning after the end of the term of the President who appointed the Chairman expires. Provides that in the event of the absence or unavailability of the chairman, the vice chairman (or in the vice chairman's absence, another member of the Board) may be designated acting chairman. Provides that the vice chairman shall perform the duties of the chairman until a successor takes office if a vacancy occurs in the office of the chairman. Provides that in the case of vacancies in both offices chairman and vice chairman, the member of the Board with the most years of service shall perform the duties of the chairman until a successor takes office. Requires each change in the intermediate targets for monetary policy adopted by the Federal Open Market Committee to be disclosed to the public on the date of adoption. Defines "intermediate targets" as any policy objectives regarding monetary aggregates, credit aggregates, prices, interest rates, or bank reserves. Repeals provisions which exempt from Comptroller General audit any transactions made under the direction of the Federal Open Market Committee and deliberations, decisions, or actions on monetary policy by the Federal Reserve Board and Federal Reserve banks. Requires the estimated expenditures and receipts and proposed appropriations for the Board to be submitted to the President by October 16 each year and included, unchanged, in the annual Federal budget submitted by the President to the Congress.
United States · United States Congress · 23 October 1989
Social Security Solvency Protection Act of 1989 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to require that when legislation increases OASDI benefits in excess of a specified amount there be a corresponding increase in social security taxes and when legislation decreases such taxes in excess of a specified amount there be a corresponding decrease in OASDI benefits. Requires an affirmative vote of three-fifths of the members of the Senate before legislation breaching such requirements may be considered. Requires the Board of Trustees of the OASDI trust funds to annually report to the Congress on the actuarial balance of such funds.
United States · United States Congress · 19 October 1989
Amends the Federal Aviation Act of 1958 to prohibit the Administrator of the Federal Aviation Administration from refusing to issue or renew an airman's certificate, or terminate the employment of an airman, solely by reason of the airman's age if such person is under the age of 65.
United States · United States Congress · 19 October 1989
Declares it is in the interests of the United States to support efforts to protect South Pacific marine resources (including albacore tuna, porpoises, whales, seals and other marine mammals, birds, sea turtles, and fish) from the slaughter of driftnet fishing. Supports the Tarawa Declaration and the South Pacific Commission resolution calling for an immediate ban on driftnet fishing in the South Pacific. Urges the Secretary of State to work toward an international convention banning driftnet fishing in the South Pacific. Urges Japan and Taiwan to immediately cease the use of driftnets in international South Pacific waters.
United States · United States Congress · 18 October 1989
Amends the Federal criminal code to prohibit secret service protection, other than on a reimbursable basis, for any former President or family member who is away from his or her domicile and who directly or indirectly obtains income from activities while away.
United States · United States Congress · 18 October 1989
Approves the location of a commemorative work to honor women who served in the armed forces of the United States in Vietnam during the Vietnam era on certain Federal land in the District of Columbia.
United States · United States Congress · 6 October 1989
Requires the Secretary of Transportation to revise Federal motor vehicle safety standards with respect to light trucks and multi-purpose passenger vehicles under the National Traffic and Motor Vehicle Safety Act of 1966. Amends the Motor Vehicle Information and Cost Savings Act to require the Secretary to promulgate regulations to require manufacturers of motor vehicles to affix a label disclosing a bumper impact speed which meets specified damage criteria. Directs the Secretary to revise a certain bumper standard to conform with an earlier standard. Requires the Secretary to establish a program requiring all passenger automobiles used by the Federal Government to be equipped with driver-side and front seat passenger side airbags by September 30, 1990, and September 30, 1993, respectively.
United States · United States Congress · 3 October 1989
Expresses the sense of the Congress that in determining the allocation of foreign assistance the Department of State should: (1) weigh heavily the persecution, torture, and execution of innocent Somalis by the armed forces of Siad Barre; and (2) insist upon significant improvements in human rights as a precondition to the resumption of foreign assistance to Somalia.
United States · United States Congress · 28 September 1989
Amends the Rail Passenger Service Act to repeal an exemption from specified communicable disease control requirements of the Public Health Service Act for waste disposal from railroads operating in intercity rail passenger service.
United States · United States Congress · 26 September 1989
Requires the Secretary of Veterans Affairs, in any case in which there has been either a disallowance of a veterans benefits claim or a partially awarded claim, to provide to the claimant a written statement setting forth notice of procedural rights of the claimant and the rationale for the disallowance. Requires that such statement: (1) be provided at each procedural stage relating to the disposition of a claim; (2) include a summary of the evidence supporting the disallowance or the partial award; (3) be in such forms as the Secretary prescribes by regulation; (4) include a description of each subsequent procedural stage before the Department of Veterans Affairs; (5) include a description of all rights of the claimant expressly provided for in the veterans' benefits code, the claimant's right to a hearing, to reconsideration, to appeal, and to representation, and any specific procedures necessary to obtain the various forms of review available for consideration of the claim; and (6) include such other information as the Secretary determines would be useful and practical to assist the claimant in obtaining full consideration of the claim. Adds parallel requirements with respect to the Chairman of the Board of Veterans' Appeals.
United States · United States Congress · 21 September 1989
Prohibits the Environmental Protection Agency (EPA) from enforcing, during the 12-month period following the enactment of this Act, its underground petroleum storage tank financial responsibility regulations promulgated pursuant to the Solid Waste Disposal Act with respect to certain underground tank owners. Permits enforcement after such period if the Administrator of the EPA determines that such enforcement would not impose an unjust economic burden on the owners. Requires the Administrator to conduct a study for the purpose of identifying the principal economic difficulties associated with compliance by underground tank owners with EPA technical standards for such tanks. Directs the Administrator to report the results of such study to specified congressional committees. Amends the Solid Waste Disposal Act to: (1) delete the requirement that regulations under such Act include provisions for compensation of third parties for injury and property damage caused by accidental releases from underground storage tanks; and (2) reduce financial responsibility requirements for specified underground petroleum storage tanks.
United States · United States Congress · 14 September 1989
Congressional and Judicial Equal Employment Opportunity Act of 1989 - Amends the Civil Rights Act of 1964 to require that personnel actions affecting employees or applicants in the legislative and judicial branches of the Government be free from any discrimination based on race, color, national origin, religion, sex, handicap, or age. Allows Members of Congress to take into consideration an individual's domicile and political affiliation. Establishes within the judicial branch an Employment Review Board. Provides that members of the Board be appointed from the retired judges of the Supreme Court and Courts of Appeals. Authorizes an aggrieved individual to file a written complaint with the Board. Establishes procedures for the Board to investigate, settle, hear, and determine the claims alleged. Provides that if a violation is found an order for relief may compel the defendant to: (1) employ or reinstate such individual on such terms and conditions as may be appropriate, except that the Board may not compel any committee or Member of Congress to employ or reinstate, or modify the terms and conditions of employment of, any individual; (2) pay compensatory damages; and (3) pay fees and allowances of witnesses and reasonable attorneys' fees. Authorizes the U.S. Court of Appeals for the District of Columbia Circuit to review, enjoin, set aside, suspend, modify, or enforce orders of the Board. Requires members of the Board to submit written reports to the Committee on Standards of Official Conduct of the House of Representatives and the Senate Select Committee on Ethics describing complaints during the reporting period.
United States · United States Congress · 11 September 1989
Disadvantaged Minority Health Improvement Act of 1989 - Title I: Health Promotion and Disease Prevention for Minorities - Subtitle A: Programs for Minorities Generally - Amends the Public Health Service Act (PHSA) to provide for the establishment of an Office of Minority Health. Authorizes the Secretary of Health and Human Services to make grants and contracts for research, training, education, epidemiological studies, and data collection with respect to the prevention and control among minority groups of diseases or other adverse health conditions. Authorizes appropriations. Directs the Secretary to administer provisions of the PHSA in cooperation with specified types of individuals, agencies, and organizations. Directs the Secretary to make grants or contracts for new and innovative programs in health information and health promotion, preventive health services, and education in the appropriate use of health care, specifically targeted at improving the health status of disadvantaged minorities. Authorizes appropriations. Subtitle B: Programs for American Samoa - Directs the Secretary to make grants or contracts for health promotion and disease prevention services for American Samoans living in the continental United States and the State of Hawaii. Authorizes appropriations. Title II: Disadvantaged Minorities in Health Professions - Subtitle A: Health Professions Generally - Requires that the Federal capital contribution and the school contribution to a student loan fund under existing provisions be used only for making loans to individuals from disadvantaged backgrounds. Authorizes appropriations. Authorizes the Secretary to make grants to health professions schools for scholarships to full-time students who are members of underrepresented minority groups and are from disadvantaged backgrounds. Authorizes appropriations. Directs the Secretary to establish a loan repayment program to assure an adequate supply of health professionals who are members of underrepresented minority groups and from disadvantaged backgrounds. Requires that loan recipients agree to accept a full-time faculty appointment at certain schools for at least two years. Authorizes appropriations. Subtitle B: Nursing - Authorizes the Secretary to make grants to schools of nursing for scholarships for full-time students who are members of underrepresented minority groups and from disadvantaged backgrounds. Authorizes appropriations. Directs the Secretary to establish a loan repayment program for full-time students in their final year of study who are members of underrepresented minority groups and from disadvantaged backgrounds. Requires that loan recipients agree to accept a full-time faculty appointment at certain schools for at least two years. Authorizes appropriations. Title III: Coordination of Federal Expenditures for Health Programs of Trust Territories of the Pacific Islands - Directs the Secretary to establish the Pacific Basin Health Services Council to monitor the need for health services and health professions development in the Pacific Basin and to establish priorities for the expenditure of public health funds in the Pacific Basin. Defines Pacific Basin to mean the federated States of Micronesia, the Republic of Palau, the Republic of the Marshall Islands, the Commonwealth of the Northern Mariana Islands, Guam, and American Samoa. Requires the Council to give first priority in expending funds to continuing a specified medical officer training program. Authorizes appropriations.
United States · United States Congress · 4 August 1989
Older Workers Benefit Protection Act - Amends the Age Discrimination in Employment Act of 1967 (ADEA) to specify that it prohibits discrimination against older workers in all employee benefits except when age-based reductions in employee benefit plans are justified by significant cost considerations. Declares that, as used in ADEA, the phrase "compensation, terms, conditions, or privileges of employment" encompasses all employee benefits, including those provided under a bona fide employee benefit plan. Requires that the actual amount of payment made or cost incurred on behalf of an older worker be no less than that made or incurred on behalf of a younger worker, for each benefit or benefit package, in order for an employee benefit plan not to violate ADEA. Places on the employer, employment agency, or labor organization the burden of proving, in any civil enforcement proceeding brought under ADEA, that specified actions are lawful. Requires a seniority system or employee benefit plan to comply with ADEA regardless of the date of adoption of such system or plan. Applies this Act to all actions or proceedings under ADEA that were brought after June 23, 1989, or that were pending on such date (which is the date on which the Supreme Court issued the decision in Public Employees Retirement System of Ohio v. Betts).
United States · United States Congress · 4 August 1989
Yosemite National Park Centennial Medal Act - Directs the Secretary of the Treasury to strike and sell not more than 750,000 gold, silver, and bronze medals in commemoration of the centennial of Yosemite National Park, California, in 1990. Requires that all sales of such medals include a surcharge of $35 per medal for the gold medals, $7 per medal for the silver medals, and $2 per medal for the bronze medals. Requires that all surcharges be paid to an endowment fund for the benefit of the Park to be administered by the National Park Foundation. Requires that the interest from the fund be paid to the Secretary of the Interior to fund special supplemental projects relating to back country trail development and rehabilitation and the preservation of Sequoia groves within the boundaries of the Park. Requires the Secretaries to enter into a memorandum agreement to allow: (1) the Secretary of the Treasury to deliver medals to the Secretary of the Interior; and (2) the Secretary of the Interior to provide for the sale of the medals in National Park facilities. Grants the Comptroller General the right to examine all records of the National Park Foundation which are related to such medals. Provides that no medals may be struck after December 31, 1991.
United States · United States Congress · 4 August 1989
Catastrophic Coverage Repeal Act of 1989 - Repeals Medicare (title XVIII of the Social Security Act) catastrophic health care coverage provided under the Medicare Catastrophic Coverage Act of 1988. Makes transitional and conforming amendments.
United States · United States Congress · 4 August 1989
Amends the Rural Electrification Act of 1936 to permit prepayment and refinancing of Rural Electrification Administration guaranteed loans made to rural electrification and telephone systems if: (1) private capital is used for such prepayment; and (2) the borrower certifies that any savings incurred will be passed on to customers, used to improve the borrower's financial strength, or used to mitigate future rate increases. Sets forth the interest rate for such loans. Prohibits any additional loan charges.
United States · United States Congress · 3 August 1989
Adult Literacy and Employability Act of 1989 - Title I: Literacy Coordination - Establishes a Joint Presidential-Congressional Task Force on Adult Literacy. Requires the Task Force to report to the Council for Literacy Coordination established by this Act. Terminates the Task Force six months after its last member is appointed. Authorizes appropriations for the Task Force for FY 1990. Establishes the Cabinet Council for Literacy Coordination (the Council). Requires the Council to report annually to the Congress and the President. Authorizes appropriations for the Council for FY 1990 through 1993. Amends the Department of Education Organization Act to establish in the Department of Education an Office of Adult Literacy, to be administered by a Director of such Office. Requires the Director to: (1) coordinate the administration of literacy programs within the Department; and (2) work with the Cabinet Council for Literacy to coordinate related activities. Establishes the National Center for Adult Literacy as a nonprofit corporation which will not be an agency or establishment of the Federal Government. Divides the Center into a research institute, a technical assistance and training institute, and a policy analysis institute. Requires an annual report to the Congress. Authorizes appropriations for the Center for FY 1990 through 1994. Directs the Chairperson of the Council to make grants to States for a network of State or regional adult literacy resource centers. Authorizes appropriations for such grants for FY 1990 through 1992 and succeeding fiscal years. Requires each State that receives adult literacy assistance under an applicable Federal program to: (1) establish a State advisory board on literacy; and (2) submit a State literacy coordination plan. Requires the State Governor to report annually to the Council. Title II: Investment in Literacy - Amends the Adult Education Act (AEA) to increase and extend through FY 1995 the authorization of appropriations for AEA programs. Revises allotment provisions. Requires limitations on the use of funds to: (1) eliminate a cap on high school equivalency certificate programs; and (2) require that a specified amount be used to support adult education and literacy services provided by community-based organizations and nonprofit volunteer agencies. Includes among projects for which State must expand a portion of their AEA allotments: (1) development and expansion of innovative programs; and (2) support for statewide volunteer technical assistance activities. Eliminates certain maintenance of effort requirements. Authorizes the Chairperson of the Council to make matching challenge grants to State for investment in adult literacy instruction staff training and educational technology. Allows States, for purposes of matching such grants, to reserve specified portions of funds for FY 1990 through 1995 under specified Federal laws. Requires that States receiving such grants make available federally-assisted adult literacy program equipment, facilities, or training services, when not in program use or when surplus capacity exists, to other adult literacy programs (without charge or in certain circumstances at cost). Authorizes appropriations for such challenge grants for FY 1990 and succeeding fiscal years. Establishes a Literacy Leader Training Fund. Directs the Secretary of Education (the Secretary), through the Office of Adult Literacy, to make scholarship grants from the Fund to individuals pursuing careers in adult education, instruction, management, research, or innovation, for education or research to expand their expertise. Authorizes appropriations for such purposes for FY 1990 and succeeding fiscal years. Amends the Library Services and Construction Act (LSCA) to establish a library literacy demonstration program. Directs the Secretary to make grants to State and local public libraries for model innovative programs for delivery of adult literacy services, including development of technology-based centers. Requires that a peer review panel advise on grant criteria and application review, and that an expert in library literacy activities administer such program in the Department of Education. Authorizes appropriations for FY 1990 through 1994 for such library literacy demonstration program. Extends through FY 1994 the authorization of appropriations for other LSCA library literacy programs. Title III: Family Literacy - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary to carry out through the Office of Adult Literacy the Secretary's functions under the Even Start program (which integrates early childhood education and adult education for parents). Title IV: Workplace Literacy - Amends the Job Training Partnership Act (JTPA) to provide for workplace literacy skills and programs. Revises State education coordination and grant programs to provide financial assistance for any State education, labor, or economic development agency (or consortia) to enhance provision of statewide workplace literacy training and education through cooperative agreements between appropriate agencies and organizations. Requires that at least 75 percent of funds for such activities be used to improve program quality by means such as application of learning technology, model program development, and investment in staff training and services targeted at participants lacking workplace skills. Revises general program requirements for the service delivery system to require private industry councils to give priority to participant placements with businesses and industries that have a workplace literacy program or are willing to develop one with other public and private agencies. Makes individuals lacking workplace literacy skills eligible for adult and youth training program services. Requires, beginning in program year 1990, that at least 40 percent of adult program participants in each service delivery area (SDA) be in need of and be offered basic training through an individual workplace literacy plan. Requires assessment and testing of each potential participant's workplace literacy skills and employment skills. Allows participants who have been placed in employment to continue workplace literacy training until they have achieved their goal or for at least two years, whichever is earlier. Requires SDAs to provide such training for such duration to participants who need and would benefit from it. Allows such training to include workplace literacy training and English-as-a-second-language. Requires such activities to be described in an individualized workplace literacy plan for each participant, including goals based on participant needs. Requires that eligible dislocated workers lacking workplace literacy be offered basic skills training for at least a two-year period from the date of entry into the program. Establishes a Workplace Literacy Demonstration Program. Authorizes the Secretary of Labor to make grants for joint ventures of business, industry, or labor (or consortia) cooperating with State, County, or local governments or private industry councils (or consortia) to provide large-scale model development approaches to improving the basic workplace skills of the workforce. Requires the use of such funds for: (1) basic skills training; (2) specific program offerings; (3) assessments of individual and workplace skill needs; (4) program evaluations; and (5) technology-based learning environments. Sets forth matching requirements for grantees. Requires independent evaluation of such programs. Authorizes appropriations for FY 1990 through 1995 for such programs.
United States · United States Congress · 3 August 1989
Agricultural Extended Retirement Credit Act of 1990 - Extends creditable service under the Civil Service Retirement System for periods of service in certain Federal-State cooperative programs which had agricultural or related purposes. Establishes a hiring limitation period of four fiscal years after 60 days following enactment of this Act on the replacement of retirees in the United States Department of Agriculture. Prohibits the obligation or expenditure of any budget authority or outlays saved in any fiscal year by reason of reduced pay and personnel resulting from implementation of this Act. Requires that the budget authority and outlays thus saved: (1) be carried to the surplus fund of the Department of Agriculture and deposited by the Secretary of Agriculture in the Treasury to the credit of the Civil Service Retirement Fund, as a Government contribution; and (2) credited against pay and other personnel costs required to be sequestered under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Requires the Comptroller General to notify the Congress, of of each instance of noncompliance with the requirements of this Act. Directs the Director of the Office of Personnel Management to report to the Congress on an evaluation of the extended credit retirement program and the limitation on replacement of retirees provided under this Act.
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