United States · United States Congress · 24 January 1990
Amends part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act 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.
United States · United States Congress · 24 January 1990
Congressional Commitment to Long-Term Care Concurrent Resolution - Expresses the sense of the Congress that payments to long-term care providers under titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act be sufficient to maintain the highest quality of patient care in nursing homes.
United States · United States Congress · 23 January 1990
Authorizes the Secretary of Education to provide financial assistance to the Washington Center for Internships and Academic Seminars for construction and related costs of a student residence and classroom building in Washington, D.C. Authorizes appropriations for FY 1991 through 1993.
United States · United States Congress · 23 January 1990
Department of Environmental Protection Act - Title I: Establishment of Department of Environmental Protection - Redesignates the Environmental Protection Agency as the Department of Environmental Protection, an executive department to be administered by a Secretary of Environmental Protection. Establishes within the Department: (1) an Office of International Environmental Affairs; (2) an Office of Enforcement; and (3) a Center for Environmental Statistics (Center). Encourages the Secretary to assist the Secretary of State in negotiating and administering international environmental protection agreements and participating in the work of international environmental protection organizations. Encourages the Secretary to continue the Department's role in conducting international environmental research and providing technical assistance to other nations to improve environmental quality. Requires the Secretary to establish an Advisory Committee on Environmental Statistics to advise the Center and the Congress on the collection and dissemination of statistical data. Directs the Secretary to maintain a comprehensive guide to the Department's environmental and public health information services. Requires the Secretary to establish an Advisory Committee on Public Access to provide recommendations on improving public access to departmental information. Directs the Secretary to: (1) study the use of computer telecommunications and other means to provide for access to such information; and (2) permit the reduction or waiver of user fees for such access. Title II: Commission on Environmental Administration - Establishes the Commission on Environmental Administration to analyze and make recommendations on specified reorganization and management issues in the Department. Authorizes appropriations.
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
Authorizes the Secretary of the military department concerned to exchange with corporations, associations, societies, or museums books, manuscripts, and other historical material for the purpose of receiving search, salvage, and restoration services which directly benefit the historical collections of the armed forces.
United States · United States Congress · 20 November 1989
Authorizes the Secretary of Veterans Affairs to conduct a five-year pilot program to demonstrate the cost-effectiveness and advantages of furnishing care to elderly veterans in nursing homes in order to treat and reactivate or maintain day-to-day living functions in those veterans. Authorizes the Secretary to set a daily rate of reimbursement for such care. Authorizes appropriations for five fiscal years for increased costs of reimbursement of non-Department of Veterans Affairs nursing homes under such program. Requires the Secretary to submit interim and final reports to the Congress concerning the effectiveness of the pilot program.
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
Amends the Internal Revenue Code to impose an excise tax on the use of virgin materials in the manufacture or production of taxable products. Establishes the Recycling Assistance and Solid Waste Management Planning Trust Fund to support certain programs under the Solid Waste Disposal Act. Provides for financing the trust fund with the excise tax on the use of virgin materials.
United States · United States Congress · 19 November 1989
Waste Export Control Act - Amends the Solid Waste Disposal Act to incorporate requirements for the export of solid waste. Exempts from this Act's requirements waste paper, glass cullet, metal, or plastic that: (1) has been separated from solid waste before export; (2) is exported for incorporation into new products with recycled content; and (3) is not a hazardous waste under the Solid Waste Disposal Act. Authorizes persons to apply to the Administrator of the Environmental Protection Agency for the exemption of other recovered materials. Requires persons exporting exempted materials to notify the Administrator prior to such exporting. Prohibits the export of solid waste from the United States unless there is an agreement between the United States and the receiving country which provides for: (1) the exchange of information regarding such export and its management; (2) cooperation on compliance with, and enforcement of, such agreement; (3) biennial review and revision or suspension of such agreement under certain circumstances; and (4) a prohibition on further transport of such waste from the country of destination without the written consent of parties to the agreement. Deems any agreement concerning shipments of hazardous waste entered into by the United States and in force on this Act's enactment date to meet this Act's requirements for two years following such enactment date. Prohibits the export of solid waste from the United States unless the exporter has obtained a permit from the Administrator. Outlines information to be included in the permit application. Requires the Director of the National Enforcement Investigations Center to submit an investigative report on each applicant to the Administrator. Provides that permittees shall have the continuing duty to provide assistance or information requested by the Administrator or the Center and to cooperate in any inquiry conducted by the Center. Directs the Administrator, before issuing a permit under this Act, to determine that the solid waste will be managed in a manner protective of human health and the environment and which is no less strict than that which would be required if the waste were managed in the United States. Provides that such determination shall assure that certain facility operation and transportation requirements are met. Limits permit terms to a period of five years. Directs the Administrator to report annually to the Congress on all solid waste exports. Prohibits the issuance of any permit unless the Administrator determines that: (1) the waste generator has used reasonable efforts to eliminate or minimize waste generation prior to export; (2) the receiving facility is capable of treating, storing, and disposing of such waste in a manner protective of human health and the environment and no less strict than that which would be required if the waste were managed in the United States; and (3) the application meets the requirements of this Act. Directs the Administrator to make inspections of any permittee and of any facility handling waste subject to a permit, as necessary. Authorizes the Administrator to revoke a permit under specified circumstances. Directs the Administrator to establish a user fee to defray the cost of administering this Act. Requires such fee system to consist of a one-time permit application fee and a waste export permit fee to be paid over the life of the permit. Prescribes civil and criminal penalties for violations of this Act.
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 · 19 November 1989
Amends the Internal Revenue Code to provide that payment under a life insurance contract to an insured who is terminally ill be treated as a death benefit, making such payment eligible for tax exclusion from gross income. Provides that any reference to life insurance shall be treated as referring to a qualified terminal illness rider. Provides for the tax treatment of such riders. Describes such a rider as one which provides for payments to an insured upon the insured's becoming terminally ill.
United States · United States Congress · 9 November 1989
Emergency Drug Abuse Treatment Expansion Act of 1989 - Title I: Separate Authorizations of Appropriations for Block Grants with Respect to Substance Abuse and Mental Health - Amends the Public Health Service Act to authorize appropriations: (1) with respect to alcohol and drug abuse, under specified provisions; and (2) with respect to mental health, under specified provisions. Title II: Categorical Grants with Respect to Substance Abuse - Establishes in the Alcohol, Drug Abuse, and Mental Health Administration (ADAMHA) the Office for Treatment Improvement (Treatment Office) to: (1) collaborate with the Director of the Office for Substance Abuse Prevention and the Director of the National Institute on Drug Abuse (NIDA); (2) evaluate State plans and carry out programs under existing provisions; (3) train providers of prehospital emergency medical services; (4) conduct or support described programs; and (5) take other actions with regard to treatment. Authorizes appropriations. Directs the Secretary of Health and Human Services, through the treatment Office Director, to make a demonstration grant for the establishment, within the national capital area, of a model program for comprehensive treatment services for drug abuse. Requires local governmental participation. Directs the Secretary to reserve, from appropriations for FY 1990, amounts for programs administered by the Treatment Office. Authorizes appropriations for FY 1991. Transfers authority from the Administrator of ADAMHA to the Director of the Treatment Office for an existing grant program for reduction of the waiting period for drug abuse treatment. Removes provisions prohibiting more than one grant for any treatment program. Allows a grantee to spend not more than 50 percent of the grant for follow-up services. Increases the authorization of appropriations. Revises requirements and other matters relating to an existing program regarding drug and alcohol abuse model projects for pregnant and postpartum women and their infants. Authorizes appropriations. Transfers authority from the Administrator of ADAMHA to the Director of NIDA to make grants for drug abuse demonstration projects of national significance. Removes authority to make grants for drug abuse treatment for pregnant and postpartum women and their infants. Directs the Secretary to act through the Treatment Office Director in establishing demonstration projects that provide grants for treatment and referrals for treatment. Allows the grants to be made to public and nonprofit private entities as well as to States. Increases the authorization of appropriations. Title III: Separate Formulas in Block Grants with Respect to Substance Abuse and Mental Health - Establishes separate formulas for allotments with respect to: (1) alcohol and drug abuse; and (2) mental health. Requires States to: (1) use at least 25 percent (currently, at least ten percent) of allotments for alcohol and drug abuse residential treatment services for pregnant women; (2) ensure that treatment services are available to each pregnant woman who seeks and would benefit from such services; and (3) ensure that a newborn infant of any woman determined to be abusing alcohol or any drug be tested and evaluated for fetal alcohol syndrome, physical drug dependency, or other congenital condition caused by substance abuse, provide for the health and safety of the infant, and provide health care to the infant and mother. Directs the Secretary, of FY 1990 appropriations with respect to alcohol and drug abuse under specified provisions of the Public Health Service Act, to make available a specified amount, notwithstanding specified other provisions of this Act, for prevention and treatment of alcohol and drug abuse. Title IV: Statewide Substance Abuse Treatment Plan - Requires States to develop and submit to the Secretary annually for review and approval a statewide Substance Abuse Treatment Plan. Requires the Director of the Treatment Office to establish a model State treatment plan. Directs the Secretary to issue standards for plans.
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 · 8 November 1989
Older Americans Long-Term Care Insurance Act of 1989 - Title I: Tax Provisions Related to Long-Term Care Insurance - Amends the Internal Revenue Code to require that, for the purpose of determining the income tax liability of issuers of qualified long-term insurance, the contracts be treated as accident or health insurance. Applies this provision to policies covering at least 12 consecutive months of necessary diagnostic, preventive, therapeutic, rehabilitative, or personal care services that are provided in a setting other than an acute care unit of a hospital. Requires policies issued after 1989 to be reinsured by the Federal National Long-Term Care Reinsurance Corporation, if the Corporation is incorporated when the policy is issued. Directs the Secretary of Health and Human Services to: (1) submit to the Congress before 1991 a study on long-term insurance policies; and (2) report annually to the Congress regarding the certification of qualified long-term care insurance. Treats qualified long-term care insurance as accident or health insurance and its benefits as benefits for personal injuries or sickness for purposes of determining appropriate tax exclusions for employer contributions or employee benefits. Excludes from gross income: (1) distributions or payments from individual retirement plans that are used during the year to pay the premiums for qualified long-term care coverage of individuals aged 59 1/2 or older; and (2) amounts received upon surrender, cancellation, or exchange of a life insurance contract and used during the year to pay the premiums for qualified long-term care insurance. Title II: Federal National Long-Term Care Reinsurance Corporation - Federal National Long-Term Care Reinsurance Corporation Act - Authorizes the Secretary to provide for the incorporation of the Federal National Long-Term Care Reinsurance Corporation (not an agency or establishment of the U.S. Government). Requires the Corporation to confine its activities to reinsuring insurance companies for extraordinary loss in the issuance or payment of qualified long-term care insurance benefits. Directs the Corporation to report annually to the President and to the Congress regarding its activities.
United States · United States Congress · 7 November 1989
Declares that no person who is a retired regular officer of the U.S. armed forces shall be considered as holding a public office for purposes of provisions that require anyone who destroys public records to forfeit public office and be disqualified from holding office.
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 · 2 November 1989
Benjamin Franklin Memorial Fire Service Bill of Rights Act - Title I: Minting of Benjamin Franklin National Memorial Commemorative Coin - Benjamin Franklin National Memorial Commemorative Coin Act - Provides for the sale of Benjamin Franklin commemorative coins at a surcharge of which 25 percent shall be paid to the Benjamin Franklin National Memorial and the remainder be distributed in specified percentages to the National Fire Center and Museum Account, the National Hero Scholarship Account, the Firefighter's Tuition Assistance Account, the Hazardous Materials Response Computer Account, the In Search of Excellence Research and Education Account, and the Burn Research Grant Account of the Firefighter Assistance Trust Fund (Fund). Prohibits the issuance of such coins from resulting in any net cost to the Federal government. Title II: Fire Service Bill of Rights - Fire Service Bill of Rights Act - Amends the Federal Fire Prevention and Control Act of 1974 to establish a fire service bill of rights. Establishes the National Fire Center and Museum in the District of Columbia to provide information about the fire service and safety to the public and fire services. Funds such museum exclusively through the Fund. Establishes a National Hero Scholarship to fund the higher education of the children or spouse of a deceased firefighter. Establishes a scholarship providing tuition assistance to firefighters for higher education in fire safety or protection. Authorizes the Administrator of the United States Fire Administration to use amounts in the In Search of Excellence Research and Education Account of the Fund to fund other specified programs under the Fire Prevention and Control Act of 1974. Establishes the Firefighters Assistance Trust Fund. Places the National Academy for Fire Prevention and Control within the United States Fire Administration. Directs the Administrator to use funds from the Hazardous Materials Response Computer Account of the fund to procure computer equipment for fire services that want such equipment. Directs the Administrator to make a grant from the Burn Research Grant Account of the Fund to one national firefighter's burn foundation dedicated to reducing burn injuries. Requires the Administrator to prepare and make available to State fire marshals, upon request, a manual describing Federal procedures for disposing of surplus property and highlighting how fire services could obtain such property. Directs the Administrator to distribute to such marshals information on the infectious diseases to which firefighters are particularly vulnerable.
United States · United States Congress · 2 November 1989
Declares that it is the policy of the United States to recognize Brazil's sovereign authority in the Amazon and that the United States should adopt a policy to encourage and support conservation efforts initiated by Brazil to protect the Amazon forest. Declares that the United States should redouble its efforts to address development within its own borders in an environmentally sound and sustainable manner.
United States · United States Congress · 1 November 1989
Amends the Internal Revenue Code to qualify displaced homemakers for the targeted jobs income tax credit. Defines "displaced homemaker" as an individual who: (1) has not worked in the labor force for a substantial number of years but has, during those years, worked in the home providing unpaid services for family members; and (2) has been dependent on public assistance or on the income of another family member but is no longer supported by that income or is receiving public assistance on account of dependent children in the home.
United States · United States Congress · 31 October 1989
Nutrition Labeling and Education Act of 1989 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to deem a food misbranded unless its label states: (1) the serving size or other unit of measure customarily used; (2) the number of servings or other units per container; (3) the number of calories per serving and derived from total fat and saturated fat; and (4) the amount of total fat, saturated fat, unsaturated fat, cholesterol, sodium, total carbohydrates, complex carbohydrates, sugars, total protein, and dietary fiber per serving or other unit. Authorizes the Secretary of Health and Human Services, if there is a significant scientific basis, to: (1) require additional nutrients to be included in the labeling; or (2) exempt nutrients from the labeling requirement. Requires, for raw agricultural commodities or raw fish or shellfish, that the nutritional information be provided in a single location in the areas in which such items are offered for sale. Directs the Secretary to exempt types of such items which are infrequently consumed. Exempts from the labeling requirements food: (1) sold for immediate consumption in restaurants, or sold to restaurants for sale or use in restaurants; (2) processed and prepared in a retail establishment and not for immediate consumption in the establishment; (3) including certain infant formulas; (4) which is a medical food; (5) which is customarily processed, labeled, or repacked in substantial quantities at establishments other than those where it was originally processed or packed; (6) in packages so small that the information would be illegible; (7) which contains insignificant amounts of all the nutrients and does not make any claim with respect to the nutritional value of the food; and (8) sold by certain small businesses. Requires certain vitamins and minerals to include nutrient information in their labeling as appropriate and as specified by the Secretary. Directs the Secretary to undertake to contract with the National Academy of Sciences (NAS) to prepare a report making recommendations regarding the manner of the labeling. Directs the Secretary to determine whether any of the nutrients required to be placed on labels before enactment of this Act shall be required under provisions of this Act. Directs the Secretary to carry out consumer education regarding nutrition labeling. Sets forth the circumstances under which nutrition and health claims may and may not be made for foods. Allows proceedings for the enforcement, or to restrain violations, of the amendments made by this Act to be brought in the name of a State in which the food that is the subject of the proceedings is located (in addition to the existing authorization to bring such actions to enforce the FDCA in the name of the United States). Declares that a food which makes a claim which characterizes the relationship of its constituents to a disease or a condition in accordance with the requirements of this Act is not, solely because of such claim, a drug under specified provisions of FDCA. Prohibits a State or its subdivision from establishing or continuing in effect any: (1) nutrition labeling requirement that differs from the requirements of this Act; or (2) prohibition respecting any label health claim which differs from the requirements of this Act. Provides for exemption petitions by States if a State or local requirement would not unduly burden interstate commerce, and if other conditions are met.
United States · United States Congress · 31 October 1989
Amends Federal law to require the Secretary of the Treasury to make timely payments of benefits under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act despite the public debt limit.
United States · United States Congress · 26 October 1989
Earthquake Hazards Reduction Act of 1977 Amendments Act - Amends the Earthquake Hazards Reduction Act of 1977 to give to the Federal Emergency Management Agency the responsibility to lead the National Earthquake Hazards Reduction Program. Revises: (1) the duties of the Director of the Agency; (2) Program objectives; (3) research elements required in the Program, including specifying that research includes basic and applied research; and (4) mitigation elements required in the Program. Sets forth the public education and planning and response elements of the Program. Requires the establishment within the U.S. Geological Survey of a Center for the International Exchange of Earthquake Information. Establishes within the U.S. Geological Survey an Earthquake Investigations Program to learn lessons which can be applied to reduce the loss of lives and property in future earthquakes. Increases the authorization of appropriations to the National Institute of Standards and Technology for responsibilities under the Act. Authorizes appropriations to the U.S. Geological Survey for earthquake investigations under this Act.
United States · United States Congress · 25 October 1989
Comprehensive Urban Transportation Act of 1989 - Establishes a strategic urbanized program for providing assistance for the Federal-aid highway systems in urbanized areas with populations of 50,000 or more for projects designed to help reduce traffic congestion and traffic flow problems. Directs the Secretary of Transportation to: (1) apportion funds authorized for expenditure under the program according to specified guidelines based on population; and (2) require that projects be selected by the State highway department of each State. Allows up to 25 percent of the amount apportioned in a fiscal year to a State under the program to be transferred for other specified uses if requested by the State highway department and approved by the Governor of such State and the Secretary as being in the public interest. Directs the Secretary to set aside $300,000,000 for discretionary projects. Sets forth criteria which must be met before a State may obtain funding. Specifies factors which the Secretary shall consider in selecting projects, including: (1) project cost; (2) traffic congestion levels; (3) importance of a project to a congestion relief planning effort; and (4) impact of a project on economic development. Specifies that the Federal share shall not exceed 50 percent of the cost of any project. Authorizes appropriations. Authorizes the use of such funds for public transportation, railway-highway crossings, carpool and vanpool projects, bicycle transportation and pedestrian walkways, and research and planning.
United States · United States Congress · 23 October 1989
Federal Inspection for Seafood Healthfulness Act of 1989 - Amends the Agricultural Marketing Act of 1946 to require the Secretary of Agriculture to develop an inspection program for seafood and seafood products to protect the public from adulterated and misbranded products. Prohibits any establishment or vessel from processing seafood (any aquatic plant or animal capable of use as human food) unless registered under the program. Requires all seafood labeling to be approved by the Secretary prior to use. Provides for the inspection of establishments and vessels registered under the program and for condemnation of adulterated or misbranded seafood. Requires the Secretary, with the Secretary of Commerce, to establish a system to sample and test seafood and seafood products to identify geographical areas having significant quantities of products not in compliance with this Act. Imposes standards, inspection requirements, and sampling requirements on imported seafood and seafood products. Requires the Secretary to review, upon request, the seafood inspection program of countries desiring to export products to the United States. Sets U.S. seafood export standards. Directs the Secretary to encourage States to establish seafood inspection programs, providing Federal assistance for such programs. Prescribes prohibited acts relating to seafood processing, sale, and transport, imposing civil and criminal penalties for violations. Exempts carriers from penalties for delivery of adulterated or misbranded seafood and products unless certain knowledge and other requirements are met. Exempts from this Act establishments and vessels processing seafood not intended for use as human food, intended for personal use, for certain restaurant processing, and vessels that do not process seafood by certain methods. Directs the implementation of a national program for seafood safety education. Authorizes appropriations. Requires reports to the Congress.
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 · 16 October 1989
Amends the Peace Corps Act to require the Director of the Peace Corps to drape a flag over the casket of a deceased Peace Corps volunteer or former volunteer. Requires such flag to be given to such individual's next-of-kin or, if no claim is made by the next-of-kin, to a close friend or associate. Prohibits a flag from being given to any other person if a flag is given to a friend or associate.
United States · United States Congress · 5 October 1989
International and South Pacific Forestry Cooperation Act of 1989 - Authorizes the Secretary of Agriculture to undertake various activities to promote sound management and conservation of forests and related natural resources in other countries and in U.S. territories in the South Pacific. Authorizes the Secretary, in cooperation with the Government of American Samoa, to establish: (1) the South Pacific Tropical Forestry Research Center; and (2) the American Samoa Experimental Forest. Authorizes appropriations.
United States · United States Congress · 4 October 1989
Polish and Hungarian Democracy Initiative of 1989 - Title I: Structural Adjustment - Requires the U.S. Government, to the extent that Poland and Hungary continue to evolve toward pluralism and democracy and develop and implement comprehensive economic reform programs, to: (1) take the leadership in mobilizing international financial institutions to provide timely and appropriate resources to help Poland and Hungary; (2) use the Exchange Stabilization Fund to support the implementation of a plan of the Polish Government to attack hyperinflation and other structural economic problems, address pressing social problems, and carry out comprehensive economic reform; (3) urge all members of the Paris Club of creditor governments and other creditor governments to adopt a generous and early rescheduling program for debts owed by the Polish Government, and reschedule payments due on the debt owed by such Government to the U.S. Government that is payable during FY 1990 through 1994; and (4) make available to Poland U.S. agricultural assistance and encourage parallel efforts by the European Community and other agricultural surplus nations. Sets a minimum level of agricultural assistance to Poland for FY 1990. Requires the President to submit a report to the Congress: (1) describing the steps taken by the U.S. Government under this Act; (2) assessing Poland's requirements for additional agricultural assistance during FY 1990 and for assistance during FY 1991 through 1992; and (3) specifying how much agricultural assistance the President proposes be provided by the United States to meet those requirements. Directs the President to provide to the Congress revised assessments of Poland's requirements for agricultural assistance during FY 1991 through 1992, as additional information becomes available. Title II: Private Sector Development - Authorizes appropriations for the three-year period beginning October 1, 1989, to support the Polish-American Enterprise Fund and the Hungarian-American Enterprise Funds (Enterprise Funds). Authorizes the President to designate two private, nonprofit organizations as eligible to receive funds and support (the Enterprise Funds). Sets forth provisions with respect to the management and administration of such funds, audits, recordkeeping, and reporting requirements. Requires each Enterprise Fund to take into account such considerations as internationally recognized worker and human rights, environmental factors, U.S. economic and employment effects, and the likelihood of commercial viability of the activity receiving assistance from the Enterprise Fund. Requires the Secretary of Labor to provide technical assistance to Poland and Hungary for the implementation of labor market reforms and to facilitate adjustment during the period of economic transition and reform. Specifies types of technical assistance authorized, including assistance pertaining to job training and retraining, labor-management relations, and worker rights. Requires the President to develop and implement a program for extending basic agribusiness, commercial, entrepreneurial, financial, scientific, and technical skills to the people of Poland and Hungary to enable them to better meet their needs and develop a market economy, including management training and agricultural extension activities. Specifies agencies, programs, and organizations participating in such program. Authorizes appropriations. Authorizes appropriations to carry out programs in Poland and Hungary under the Peace Corps Act. Directs that a portion of specified agricultural commodities be made available and sold or bartered to generate local currencies to be used to complement the assistance for Poland authorized by this Act. Title III: Trade and Investment - Amends: (1) the Trade Act of 1974 to make Poland eligible for the Generalized System of Preferences; and (2) the Foreign Assistance Act to make Poland and Hungary eligible for Overseas Private Investment Corporation (OPIC) programs. Directs the OPIC to support projects in Poland and Hungary which will result in enhancement of the nongovernmental sector and reduction of State involvement in the economy. Amends the Export-Import Bank Act of 1945 to remove Poland and Hungary from a list of Marxist-Leninist countries. Directs the Export-Import Bank and the Agency for International Development (AID) to work with certain international financial intermediaries which will facilitate trade between the United States and Poland which is eligible for financing from such Bank. Authorizes the President to provide guarantees to the Bank for liabilities incurred in connection with guarantees or insurance provided under the Export-Import Bank Act of 1945 for financing for transactions involving the export of goods and services for the use of the private sector in Poland and Hungary. Limits such guarantees to short-term guarantees and insurance extended by the Banks which shall be repayable within one year from the date of arrival at the port of importation of the goods and services covered by such guarantees or insurance. Provides that such guarantees or insurance shall: (1) be by the Administrator of AID and the Bank; and (2) provide for the establishment of a reserve fund by the administering agency. Sets forth provisions with respect to funding, the discharge of liabilities, reporting requirements, administrative and technical assistance, fees and premiums charged by the Bank, and congressional reporting requirements in connection with guarantees of insurance guaranteed by the administering agency. Authorizes appropriations. Urges the President to seek bilateral investment treaties with Poland and Hungary to establish a more stable legal framework for U.S. investment in those countries. Title IV: Educational, Cultural, and Scientific Activities - Urges the United States to: (1) expand its participation in educational and cultural exchange activities with Poland and Hungary; and (2) establish binational Fulbright commissions with Poland and Hungary to facilitate and enhance academic and scholarly exchanges with those countries. Encourages the establishment of "sister institution" programs between American and Polish, and American and Hungarian, organizations. Authorizes appropriations. Requires the Administrator to establish and administer a program to provide scholarships to enable students from Poland and Hungary to study in the United States. Authorizes the Administrator to make grants to States to provide scholarship assistance for undergraduate or graduate degree programs, and training programs of one year or longer, in study areas related to the critical development needs of Poland and Hungary. Authorizes appropriations to the Secretary of State to continue to implement the 1987 U.S.-Polish science and technology agreement for FY 1990 through 1992. Title V: Other Assistance - Authorizes appropriations to support democratic institutions and activities in Poland and Hungary. Authorizes appropriations to undertake such action (including educational, research, and technical and financial assistance) as the Administrator of the Environmental Protection Agency (EPA) deems appropriate in protecting the environment in Poland and Hungary. Authorizes the Administrator to cooperate with Polish officials and experts to: (1) establish an air quality monitoring network in the Krakow metropolitan area as part of Poland's national air monitoring network; and (2) improve both water quality and the availability of drinking water in such area. Requires the Administrator to work with the United States and Hungarian officials and private parties to establish a regional center in Budapest for facilitating cooperative environmental activities between governmental experts and public and private organizations from the United States and Europe. Authorizes appropriations for EPA activities for FY 1990 through 1992. Directs the Secretary of Energy to cooperate with Polish officials and experts to: (1) retrofit a coal-fired commercial powerplant in Krakow, Poland, with advanced clean coal technology; and (2) assess and develop the capability within Poland to manufacture boilers or other equipment that will enable industrial facilities within Poland to burn fossil fuels cleanly. Authorizes appropriations. Authorizes appropriations for medical supplies, hospital equipment, and training of Polish medical personnel. Title VI: Other Provisions - Requires: (1) the President to submit a report to the Congress on actions taken pursuant to this Act; and (2) the Secretary of State to coordinate the assistance for Poland and Hungary provided for in this Act.
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
Federal Assistance Procedures Reform Act of 1989 - Requires each applicant for Federal assistance to provide the appropriate Federal agency with written certification of consultant information, including names and addresses, fees, and covered activities. Provides civil and criminal penalties for violations of such requirements. Amends Federal law to require public notice of agency rules changes. Amends the Inspector General Act of 1978 to: (1) authorize inspectors general to subpoena witnesses; (2) authorize inspectors general to transmit a report directly to the appropriate congressional committee if the Secretary of an agency fails to do so; and (3) appoint inspectors general for ten-year terms. Establishes within the Department of Housing and Urban Development (HUD) a Comptroller to advise the Secretary on Department financial and management activities. Prohibits: (1) HUD fee arrangements tied to success in obtaining a grant or the amount of such grant; and (2) HUD officers or employees from disclosing inside information during the housing assistance selection process.
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 · 27 September 1989
Designates November 11, 1989, as Washington Centennial Day in recognition of the economic, social, and historic contributions of the State of Washington to the United States over the past century.
United States · United States Congress · 26 September 1989
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to prohibit Federal assistance to any State that has not implemented a drug testing program for targeted classes of arrestees, prisoners, and persons on conditional or supervised release before or after conviction. Directs the Attorney General to promulgate regulations for such programs based in part on scientific and technical standards determined by the Secretary of Health and Human Services to ensure the reliability and accuracy of test results. Specifies that such regulations may include guidelines or specifications concerning: (1) the classes of persons to be targeted for testing; (2) the drugs to be tested for; (3) the frequency and duration of testing; and (4) the effect of test results in decisions concerning the sentence, conditions to be imposed on release before or after conviction, and the granting, continuation, or termination of such release. Amends the Public Health Service Act to require a State, in order to receive the drug abuse portion of its allotment under such Act for a fiscal year, to develop, implement, and submit an approved Statewide Drug Treatment Plan. Requires such Plan to include a single, designated State agency for formulating and implementing the Plan and a description of: (1) the mechanisms used to assess the needs and make funding allocations for drug treatment throughout the State; (2) a statewide plan to expand treatment capacity; (3) performance-based criteria to be used to allocate funds; (4) drug-free patient and workplace programs (which must include drug testing) to be utilized in drug treatment facilities and programs; (5) actions to be taken to improve the referral of drug users to appropriate treatment facilities; (6) the program of in-service training to be implemented for employees of treatment facilities receiving Federal funds; (7) the plan to be implemented to coordinate drug treatment facilities with other social, health, correctional, and vocational services; and (8) the plan to be implemented to expand and improve efforts to contact and treat expectant women who use drugs and provide appropriate followup care to their affected newborns. Requires such Plan to be submitted to the Secretary annually for review and approval. Authorizes the Secretary to review, approve, disapprove, and propose changes to State plans. Requires each State to submit such reports as the Secretary may require and to comply with such additional provisions as the Secretary may find necessary to verify the accuracy of such reports. Authorizes the Secretary to waive any or all requirements of this Act with respect to the Plan upon the written request of a State, provided that the State implements an alternative treatment plan that fulfills the objectives of this Act. Amends the Higher Education Act of 1965 to make ineligible for Federal funds or assistance any institution of higher education which fails to certify to the Secretary that it has adopted and implemented a program to prevent illicit drug use and alcohol abuse by students and employees that includes the annual distribution to each student and employee of: (1) standards of conduct that clearly prohibit the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees on its property or as part of its activities; (2) a description of applicable sanctions under local, State, or Federal law for unlawful possession or distribution of such drugs; (3) health risks associated with such use; (4) any drug or alcohol counseling, treatment, or rehabilitation programs available to employees or students; and (5) a clear statement that the institution will impose sanctions, and a description of such sanctions, up to and including expulsion or termination of employment and referral for prosecution. Requires such program to provide for a biennial review by the institution to determine the program's effectiveness, to implement changes as needed, and to ensure that sanctions are consistently enforced. Requires: (1) each institution that provides such certification to make a copy and the results of such biennial review available, upon request, to the Secretary and to the public; and (2) the Secretary to publish regulations to implement and enforce this Act, including regulations providing for periodic review of programs and sanctions, up to and including the termination of financial assistance, for institutions of higher education that fail to implement their programs or to consistently enforce their sanctions. Allows sanctions to include the completion of an appropriate rehabilitation program. Amends the Drug-Free Schools and Communities Act of 1986 to make ineligible for Federal funds or assistance any local educational agency which fails to certify to the State educational agency that has adopted and implemented an analogous program to prevent the use of illicit drugs and alcohol by students or employees. Authorizes appropriations for FY 1990 through 1993 for the Special Forfeiture Fund. Waives provisions of the Foreign Assistance Act of 1961 and the Foreign Operations, Export Financing, and Related Appropriations Act, 1989 to make certain appropriated funds available for narcotics-related activities in Colombia, Bolivia, and Peru.
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 · 21 September 1989
Railroad Reorganization Public Interest Protection Act - Amends the Federal bankruptcy code to mandate that in any railroad reorganization scheme (except with respect to rolling stock equipment) the public interest in continued rail service must be considered by the court and the trustee in addition to the interests of debtors, creditors, and equity security holders.
United States · United States Congress · 19 September 1989
Food Safety Assurance Act of 1989 - Title I: Cancellation and Suspension - Amends provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) relating to cancellation and changes in classification or other terms or conditions of registration with respect to the authority of the Administrator of the Environmental Protection Agency. Requires that a rulemaking under such provisions be based on a validated test or other significant evidence raising prudent concerns of unreasonable adverse effects to man or to the environment. Sets forth procedural requirements for such a rulemaking. Provides for amendment of a rule and for judicial review. Allows the Administrator, in the case of a suspension, to waive certain requirements. Allows the Administrator to elect to proceed with a special review proceeding or a public interim administrative review proceeding, if published before January 1, 1990, under the law in effect before enactment of this Act. Requires the Administrator to reassess each tolerance and exemption from the requirement for a tolerance at certain times in connection with reregistration of pesticides. Establishes the Science Review Board to assist the Scientific Advisory Panel in reviews conducted by the Panel. Revises procedures applicable after denial of an application for registration. Allows the Administrator to deny an application for registration because it does not comply with the requirements of a rule issued under provisions of this Act. Repeals provisions regulating the authority of the Administrator to initiate a public interim administrative review process. Declares a decision made after a hearing in certain circumstances during phase three of reregistration to be final. Amends provisions regulating: (1) review by district courts of suspension of registrations; and (2) public hearings. Title II: Data Collection - Directs the Secretary of Agriculture to collect by surveys on a biennial basis pesticide use data of State-level significance for all the major crops and crops of dietary significance. Authorizes appropriations. Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to add to the responsibilities of the Secretary of Agriculture that of establishing, with the Administrator of the Environmental Protection Agency (EPA), a committee to oversee coordination between the Department of Agriculture's conservation, commodity, research, and education programs and the EPA's pesticide regulatory activities. Requires the interagency coordinating committee to: (1) develop and oversee integrated pest management research and education initiatives targeted toward principal pests of crops, with an emphasis on crops which constitute significant human dietary exposure to pesticide residues and for which few pesticide alternatives exist; and (2) advise the Administrator regarding ways to take into account, in registration, reregistration, and cancellation actions, the implications of the emergency or severity of genetic resistance in pests to pesticides, or the viability and profitability of integrated pest management systems. Authorizes appropriations. Adds to the list of high priority research, for the purpose of grants by the Secretary of Agriculture under existing provisions, research to develop and refine integrated pest management techniques and other nonchemical or reduced chemical control technologies targeted toward crop pests, particularly those pests and crops which require applications of pesticides that may pose greater than a negligible risk to man or the environment. Title III: Authorizations - Increases the amount authorized to be appropriated to carry out the FIFRA for FY 1990 and 1991, earmarking the increased authorization for the implementation of regulations relating to certain ingredients in pesticide products. Title IV: Amendments to the Federal Food, Drug, and Cosmetic Act - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to define, subject to exception, "pesticide chemical" as it is defined in the FIFRA. Adds to the list of prohibited acts under the FDCA violation of provisions relating to confidentiality of data, as amended by this Act. Deems a food adulterated if it bears or contains: (1) a pesticide chemical residue that is unsafe; or (2) a new animal drug, or conversion product thereof, that is unsafe. Sets forth requirements relating to tolerances and exemptions from the requirement of a tolerance for pesticide chemical residues in food, including residues of degradation products. Prohibits establishment of a tolerance higher than a level the Administrator of the Environmental Protection Agency determines is adequate to protect the public health. Sets forth the factors the Administrator must consider. Allows a greater than negligible dietary risk if: (1) use protects from greater adverse health effects to humans or the environment; (2) use avoids greater risks from another pesticide; or (3) the unavailability of the pesticide would reduce the availability of an adequate, wholesome, and economical domestic supply of the food, and the adverse effects from the reduction would outweigh the risk posed by the residue. Allows the Administrator to issue an exemption from the requirement for a tolerance only if the Administrator determines that a tolerance is not needed to protect the public health, in view of the levels of dietary exposure that could reasonably be expected to occur. Sets forth the factors the Administrator must consider. Sets forth procedures and requirements in connection with: (1) petitions for tolerances or exemptions; (2) certain actions authorized on the Administrator's own initiative; (3) the required submission of additional data to support the continuation of a tolerance or exemption; and (4) confidentiality of data submitted to the Administrator. Provides for continuation of previously issued regulations. Sets forth transitional provisions. Prohibits a final rule that revokes, modifies, or suspends a tolerance or exemption until the Administrator has taken any necessary action under the FIFRA with respect to the registration of the pesticide involved. Requires the Administrator, if the Administrator takes certain actions with respect to the registration of a pesticide, to revoke any tolerance or exemption that allows the presence of the chemical or chemical residue. Requires the suspension of any tolerance or exemption upon the suspension of the use of an associated registered pesticide. Provides for: (1) tolerances for unavoidable residues in the case of a residue of a canceled or suspended pesticide chemical that will unavoidably persist in the environment and thereby be present in or on a food; and (2) residues resulting from an application which was lawful at the time of the application. Directs the Administrator to require the payment of fees sufficient for the Administrator's functions under these provisions. Prohibits, subject to exception, a State from establishing or enforcing any limit on a qualifying pesticide chemical residue in or on any food which is not identical to Federal requirements. Prohibits a State from enforcing a residue limit which was lawful at the time of application. Authorizes appropriations for increased monitoring by the Secretary of Health and Human Services of pesticide residues in imported and domestic food.
United States · United States Congress · 18 September 1989
Applauds the actions of the Government of the Hungarian People's Republic and the Hungarian people that have allowed thousands of citizens of the German Democratic Republic to seek freedom in the West.
United States · United States Congress · 14 September 1989
Expresses the sense of the Congress that illegal aliens should not be counted in the 1990 decennial census for purposes of congressional reapportionment.
United States · United States Congress · 13 September 1989
Farm Animal and Research Facilities Protection Act of 1989 - Amends the Food Security Act of 1985 to make it unlawful to disrupt or damage a farm animal facility, its animals, or property. Sets forth penalties for violations of this Act. Allows the Secretary of Agriculture to investigate such offenses. Grants U.S. district courts jurisdiction in such cases. Provides for a private right of action.
United States · United States Congress · 13 September 1989
Legislative Line Item Veto Act of 1989 - Amends the Impoundment Control Act of 1974 to grant the President legislative line item veto rescission authority. Authorizes the President to rescind all or part of any budget authority if the President determines that such rescission: (1) would help balance the Federal budget, reduce the Federal budget deficit, or reduce the public debt; (2) will not impair any essential Government functions; and (3) will not harm the national interest. Requires the President to notify the Congress of such a rescission by: (1) special message not later than 20 calendar days after enactment of appropriations legislation; or (2) special message accompanying the budget when such rescissions have not been proposed previously for that fiscal year. Makes such a rescission effective unless the Congress, during a review period of 20 calendar days, enacts a rescission disapproval bill. Describes: (1) information to be included in the President's message; and (2) procedures to govern consideration of rescission disapproval legislation in the Senate and the House of Representatives.
United States · United States Congress · 12 September 1989
Amends the Higher Education Act of 1965 to provide reduced rates of interest under the Guaranteed Student Loan (Stafford Loan) program to individuals who enter the teaching profession.
![Official portrait of Rep. Madigan, Edward R. [R-IL-15]](https://www.congress.gov/img/member/m000041_200.jpg)