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United States · Official source
2,834 records where Rep. Mazzoli, Romano L. [D-KY-3] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 5 February 1990
Designates September 21, 1990, as National POW/MIA Recognition Day. Recognizes the National League of Families POW/MIA flag as the official symbol of the United States' commitment to resolving the fates of Americans still prisoner or missing in action in Southeast Asia.
United States · United States Congress · 1 February 1990
Medicaid Hospice Amendments of 1990 - Amends title XIX (Medicaid) of the Social Security Act to require States to provide Medicaid coverage of hospice care.
United States · United States Congress · 1 February 1990
Title I: Short Title - Medicaid Community and Facility Habilitation Services Amendments of 1990 - Title II: Community and Facility Habilitation Services Amendments - Part A: Community Habilitation and Supportive Services - Amends title XIX (Medicaid) of the Social Security Act to authorize States to cover community habilitation and supportive services for individuals with mental retardation or related conditions without regard to whether or not such individuals have been discharged from a nursing or habilitation facility. Defines community habilitation and supportive services as services which assist individuals in developing and maintaining the skills necessary to function successfully in a home or community-based setting. Requires that community habilitation and supportive services be provided to each client in accordance with an individual habilitation plan prepared and periodically reviewed and revised by an interdisciplinary team on the basis of a comprehensive functional assessment of a client's needs conducted before his or her receipt of services and at least annually thereafter. Requires that such services meet minimum requirements, to be developed by the Secretary of Health and Human Services, regarding client rights and service quality. Makes the requirements imposed on habilitation facilities (under this Act) regarding patient's rights and facility safety and sanitation applicable to residential settings in which community habilitation and supportive services are provided. Requires that residential settings: (1) disclose persons having an ownership or control interest in the setting; and (2) exclude a person from such interest if he or she has been excluded from the Medicaid program or had an interest in a residential setting repeatedly found to have provided substandard care. Requires a habilitation facility which converts to a residential setting to continue to provide continuous active treatment to residents who required such treatment at the time of conversion. Requires a residential setting to document a client's receipt of medical services. Excludes settings in which fewer than three unrelated adults reside from the definition of a "residential setting." Makes the: (1) Secretary responsible for certifying that State providers of community habilitation and supportive services and residential settings in which such services are provided comply with Medicaid requirements; and (2) States responsible for certifying that other providers of and residential settings for such services comply with Medicaid requirements. Requires each State to: (1) conduct periodic educational programs for the staff and clients in residential settings for community habilitation and supportive services regarding requirements imposed on such setting; and (2) provide, through the State agency responsible for the certification of such providers and residential settings, for the receipt, review, and investigation of allegations of client neglect and abuse and of misappropriation of client property by providers. Requires that such providers and settings be certified annually. Provides States with no Federal Medicaid coverage for the costs of carrying out such quality assurance activities. Authorizes States to reward providers of community habilitation and supportive services who provide the highest quality of care. Bases residential setting certification on an annual, unannounced survey. Directs the Secretary to: (1) develop a protocol for conducting surveys; and (2) conduct sample surveys of residential settings, within two months of State surveys, to test the adequacy of State surveys. Authorizes the Secretary to conduct a special survey of a setting or a review of the provider when there is reason to question its compliance with this Act. Prohibits the use of surveyors who have an interest in the provider or setting being surveyed or have not completed a training and testing program approved by the Secretary. Requires States and the Secretary to investigate complaints against providers or settings concerning violations of this Act's requirements. Requires that: (1) certain information regarding providers and settings and their compliance with this Act's requirements be made available to the public; and (2) the State agency responsible for the protection and advocacy system for the developmentally disabled and the guardians of clients be notified of a provider's or setting's noncompliance with this Act's requirements. Gives State Medicaid fraud and abuse control units access to provider or setting survey and certification information. Requires that when the Secretary or State determines that a provider's or setting's deficiencies immediately jeopardize the client's health and safety, immediate action be taken to remove the jeopardy and correct the deficiencies or the provider's or setting's participation in Medicaid be terminated. Directs the Secretary and States to apply certain other remedies where the health and safety of clients are not immediately jeopardized. Requires the imposition of civil money penalties against providers and settings which are, or are found to have been, out of compliance with any of this Act's requirements. Sets forth the Secretary's responsibilities relating to community habilitation and supportive service requirements. Eliminates the restriction of the Medicaid waiver for community habilitation services to individuals who have been discharged from a skilled nursing or intermediate care facility. Directs the Secretary to report to the Congress: (1) annually, on the extent to which providers and residential settings are complying with this Act's requirements and the number and type of enforcement actions taken by the Secretary and the States; and (2) by January 1, 1993, on the effectiveness of existing outcome-oriented instruments and methods in evaluating and assuring the quality of community habilitation and supportive services. Part B: Quality Assurance for Habilitation Facility Services - Defines a "habilitation facility" as an institution primarily engaged in providing health or habilitation services to individuals with mental retardation or related conditions and not primarily for the care and treatment of mental diseases. Sets forth requirements for habilitation facilities, including requirements that such facilities: (1) promote maintenance or enhancement of the quality of life, independence, productivity, and integration into the community of each client; (2) provide continuous active treatment which is coordinated and monitored by a qualified mental retardation professional; (3) provide such treatment in accordance with an individual program plan prepared and periodically reviewed and revised by an interdisciplinary team of professionals on the basis of an assessment of a client's developmental and behavioral management needs conducted upon the client's admission and at least annually thereafter; (4) not admit any new client with mental retardation or a related condition on or after January 1, 1992, unless the State mental retardation or developmental disability authority has determined on the basis of an evaluation performed independently of the facility that the individual requires habilitation facility services; (5) provide physician services 24 hours a day, annual physical examinations, licensed nursing services, comprehensive dental diagnostic and treatment services, routine and emergency drugs and biologicals, professional program services to implement each client's active treatment plan, and meal services; (6) require a physician's supervision of each patient's care, have a physician available to furnish emergency medical care, and maintain clinical records on all clients; (7) protect specified client rights, including the right to appeal a transfer or discharge and receive post-discharge preparation and planning services; (8) provide applicants and residents with information regarding the Medicaid program and not require applicants to waive their rights to such benefits or have a third party guarantee payment to the facility as a condition of their admission; (9) protect a client's personal funds upon the client's authorization and teach clients to manage their funds to the extent of their capabilities; (10) adopt certain measures to preserve facility safety and sanitation; and (11) meet such other conditions which the Secretary of Health and Human Services deems necessary for client health and safety. Sets forth the Secretary's responsibilities relating to habilitation facility requirements. Makes the Secretary responsible for certifying that State habilitation facilities comply, and States responsible for certifying that other habilitation facilities comply, with Medicaid habilitation facility requirements. Requires each State to: (1) conduct periodic educational programs for habilitation facility staff and clients regarding the requirements imposed on such facilities; and (2) provide, through the State agency responsible for the certification of habilitation facilities, for the receipt, review, and investigation of allegations of client neglect and abuse and of misappropriation of client property by facility staff. Bases habilitation facility certification on an annual, unannounced survey. Directs the Secretary to: (1) develop and test a protocol for conducting surveys; (2) establish minimum qualifications for surveyors and train them in survey and certification techniques; and (3) conduct sample surveys of habilitation facilities, within two months of State surveys, to test the adequacy of State surveys, and reduce Federal payments for State Medicaid administrative costs if such State surveys prove inadequate. Authorizes the Secretary to conduct a special survey of a facility when there is reason to question its compliance with this Act. Requires States and the Secretary to investigate complaints against a facility and monitor the compliance of a facility with this Act's requirements if the facility was previously found out of compliance or the State or Secretary has reason to question its compliance. Requires that: (1) certain information regarding habilitation facilities and their compliance with this Act's requirements be made available to the public; (2) the State agency responsible for the protection and advocacy system for the developmentally disabled and the guardians of facility clients be notified of a facility's noncompliance with this Act's requirements; and (3) mail survey results to the parents or legal representative of each client and make such results available to the public upon request. Gives State Medicaid fraud and abuse control units access to facility survey and certification information. Requires that when the Secretary or a State determines that a habilitation facility's deficiencies immediately jeopardize residents' health and safety, immediate action be taken to remove the jeopardy and correct the deficiencies or such facility's participation in Medicaid be terminated. Directs the Secretary and States to apply certain other remedies where the health and safety of facility residents are not immediately jeopardized. Authorizes the imposition of civil money penalties against facilities found to be in compliance with this Act's requirements but to have been out of compliance previously. Provides that if a facility is out of compliance with any of this Act's requirements three months after having been found out of compliance with such requirements or on three consecutive annual surveys, Medicaid payments for newly admitted residents shall be denied, civil monetary penalties assessed and collected, and, in the latter case, on-site monitoring of the facility's compliance shall be established. Allows States to establish a program rewarding habilitation facilities that provide the highest quality of care to Medicaid-eligible clients. Provides that when a facility is found to have deficiencies relating to the facility's physical plant that do not immediately jeopardize the health or safety of its clients, the State may submit to the Secretary a written plan for permanently reducing the number of certified beds in such facility within 36 months of such finding and providing services, including community habilitation and supportive services, to clients who thereby cease to receive facility services. Requires that Medicaid-eligible clients be given the option of retaining facility services. Requires the Secretary to report to the Congress annually on the extent to which habilitation facilities are complying with this Act's requirements and the number and type of enforcement actions taken by States and the Secretary. Part C: Appropriate Placement for Individuals with Mental Retardation or a Related Condition - Requires that State mental retardation or developmental disability authorities conduct preadmission and annual reviews of habilitation facility applicants and residents with mental retardation or related conditions to determine whether they require facility services or community habilitation and supportive services. Directs that such preadmission and annual reviews be conducted in accordance with criteria to be developed by the Secretary by July 1, 1991. Requires States to provide community habilitation and supportive services for facility clients who need such services but no longer need habilitation facility services. Requires States to establish an appeals procedure for individuals adversely affected by such preadmission and annual reviews. Eliminates existing utilization review and penalty provisions directed at the provision of services in an intermediate care facility for the mentally retarded. Part D: Payment for Community Habilitation and Supportive Services and Habilitation Facility Services - Covers the reasonable and adequate costs of community habilitation and supportive services and habilitation facility services, without distinguishing, in payment amounts, between State-operated providers and other providers. Prohibits Medicaid reimbursement of providers or facilities for civil monetary penalties imposed pursuant to this Act. Part E: Employee Protections and Miscellaneous - Provides employment protections for employees affected by habilitation facility closures or capacity reductions occurring after this Act's enactment. Authorizes States to assign specific management functions relating to the provision of Medicaid services to individuals with mental retardation or related conditions to State agencies responsible for developmentally disabled individuals.
United States · United States Congress · 30 January 1990
Provides for all Federal civilian and military retirees to receive the full cost-of-living adjustment in annuities payable under Federal retirement systems for FY 1991. (Includes benefits payable under the Civil Service Retirement and Disability System, military retirement and survivor benefit programs, the Foreign Service Retirement and Disability System, the Central Intelligence Agency Retirement and Disability System, and railroad retirement programs.)
United States · United States Congress · 30 January 1990
Urges the President to seek the consent of the Senate to the ratification of the Convention on the Rights of the Child, adopted by the United Nations on November 20, 1989.
United States · United States Congress · 25 January 1990
Designates April 22 through April 28, 1990, as National Crime Victims' Rights Week.
United States · United States Congress · 24 January 1990
Medicare Benefit Improvements Act of 1990 - Amends title XVIII (Medicare) of the Social Security Act to cover screening mammographies for women over age 34 at a frequency which varies on the basis of a woman's age and risk of developing breast cancer. Covers up to 80 hours of annual in-home respite care furnished to an individual who has incurred expenses equal to a specified Medicare Part B (Supplementary Medical Insurance) cost-sharing limit and, for the preceding three months, has been unable to perform at least two specified daily living activities without the assistance of an uncompensated primary caregiver with whom he or she resides. Covers nursing care and home health aide services as home health services if such services are needed less than seven days each week or are needed for up to 38 consecutive days. Amends part A (Hospital Insurance) of the Medicare program to create an extension period of hospice care for terminally ill beneficiaries which is to follow the two 90-day periods and the subsequent 30-day period of hospice care coverage currently provided in an individual's lifetime. Increases the Medicare part B premium.
United States · United States Congress · 23 January 1990
Rose Kushner Medicare Screening Mammography 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. Finances such coverage by increasing the Medicare part B (Supplementary Medical Insurance) premium.
United States · United States Congress · 23 January 1990
Designates May 6 through May 12, 1990, as Be Kind to Animals and National Pet Week.
United States · United States Congress · 23 January 1990
Designates September 1990 as International Visitors Month.
United States · United States Congress · 21 November 1989
Prohibits the Secretary of the Army from proceeding with the divestiture of specified locks and dams of the Kentucky River, Kentucky, pursuant to the Water Development Act of 1986, until he has complied with the terms of the Memorandum of Understanding between the U.S. Army Corps of Engineers and Kentucky as approved on February 22, 1985.
United States · United States Congress · 21 November 1989
Provides that, for purposes of veterans' pensions paid during 1990, the Secretary of Veterans Affairs shall consider a one-time bonus paid by a State to be a donation from a public relief organization.
United States · United States Congress · 21 November 1989
Proclaims Lech Walesa, the founder and leader of the Solidarity trade union in Poland, as an honorary citizen of the United States. Commends Solidarity for bringing democracy to Poland and starting the movement toward democracy throughout Eastern Europe.
United States · United States Congress · 20 November 1989
Stewart B. McKinney Homeless Assistance Amendments Act of 1990 - Title I: General Provisions - Provides for budget compliance of this Act for FY 1991 through 1992. Title II: Interagency Council on the Homeless - Amends the Stewart B. McKinney Homeless Assistance Act (SBMHAA) to authorize appropriations through FY 1992. Extends the Interagency Council on the Homeless through FY 1992. Title III: Federal Emergency Management Food and Shelter Program - Amends SBMHAA to authorize appropriations for the Federal Emergency Management Food and Shelter Program through FY 1992. Title IV: Housing Assistance - Amends the SBMHAA to extend through FY 1992: (1) the emergency shelter grants program; (2) the supportive housing demonstration program; (3) supplemental assistance for facilities to assist the homeless; and (4) section 8 assistance for single room occupancy dwellings. Title V: Health Care for the Homeless - Amends the Public Health Service Act to authorize through FY 1992: (1) categorical grants for primary health services and substance abuse services; (2) block grants for community mental health services; and (3) alcohol and drug abuse treatment of homeless individuals. Amends SBMHAA to authorize appropriations for Community demonstration projects. Title VI: Education, Training, and Community Services Program - Amends SBMHAA to authorize appropriations for specified education, training, and community services programs through FY 1992. Title VII: Veterans Programs - Amends the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 to authorize appropriations for veterans medical programs through FY 1992.
United States · United States Congress · 20 November 1989
Gun-Free School Zones Act of 1990 - Amends the Federal criminal code to impose criminal penalties for the possession or discharge of a firearm in a public elementary or secondary school zone, with exceptions for licensed or authorized individuals or programs.
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
Deplores the continuing violence in El Salvador and calls for a disengagement of military forces to allow international humanitarian organizations to provide medical attention and supplies to the civilian casualties. Condemns the Farabundo Marti National Liberation Front (FMLN) for initiating a military offensive on November 11, 1989. Urges the Government of El Salvador and the FMLN to resume a peaceful dialogue leading to settlement of the conflict. Deplores the murder of six Jesuit priests and two women. Demands that those responsible be brought to justice. Declares that satisfactory resolution of this case will be instrumental in determining continued U.S. support for the Government of El Salvador.
United States · United States Congress · 17 November 1989
Designates April 1990 as National Prevent-A-Litter Month.
United States · United States Congress · 16 November 1989
Asbestos School Hazard Abatement Reauthorization Act of 1989 - Amends the Asbestos School Hazard Abatement Act of 1984 to require State Governors to maintain records on asbestos in school buildings. Deletes a requirement for the submission of asbestos abatement application materials by State Governors to the Secretary of Education. Requires State Governors, in determining the adequacy of financial resources available to a local educational agency for asbestos abatement, to consider the additional costs to such agency of meeting the needs of disadvantaged students. Removes a reporting requirement concerning actions taken by State Governors in accordance with State plans. Directs the Administrator of the Environmental Protection Agency to approve applications for financial assistance no later than April 30 of each year. Prohibits the provision of such assistance to applicants who are not in compliance with title II of the Toxic Substances Control Act. Requires the proceeds from the repayment of Federal asbestos abatement loans and assistance recovery lawsuits to be deposited into the Asbestos Trust Fund. Removes a condition on the provision of financial assistance which requires the submission of an application within five years of the enactment of the Asbestos School Hazard Abatement Act of 1984. Prohibits the approval of assistance applications unless the local educational agency certifies that it is implementing an asbestos management plan and all abatement activities will be conducted by trained and accredited individuals in conformance with the Toxic Substances Control Act. Removes certain requirements for the promulgation by the Administrator of standards for asbestos removal contractors and the protection of school employees trained to carry out abatement activities. Requires the Administrator to report annually (until 1999) to the Senate Committee on Environment and Public Works and the House Committee on Energy and Commerce on the loan and grant program under the Asbestos School Hazard Abatement Act of 1984. Authorizes appropriations for the asbestos abatement program for FY 1991 through 1995. Revises provisions concerning the allocation of appropriations. Permits up to five percent of appropriations to be reserved each fiscal year for the administration of asbestos abatement activities. Authorizes the Administrator to use up to five percent of such appropriations for grants to States for: (1) assisting local educational agencies in performing periodic reinspections and training activities; and (2) maintaining programs to accredit personnel performing asbestos inspections and response actions. Makes conforming amendments to provisions of the Asbestos Hazard Emergency Response Act of 1986 concerning the Asbestos Trust Fund.
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 · 31 October 1989
Designates the week of December 10 through December 16, 1989, as National Drunk and Drugged Driving Awareness Week.
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
Designates May 1990 as National Trauma Awareness Month.
United States · United States Congress · 4 October 1989
Designates December 3 through December 9, 1989, as National Cities Fight Back Against Drugs Week.
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 · 2 October 1989
Billboard Control Act of 1989 - Revises Federal provisions with respect to restrictions on outdoor advertising adjacent to interstate and Federal-aid primary highways. Specifies that a State shall be treated as failing to provide effective control of the erection and maintenance of outdoor advertising signs, displays, and devices (signs): (1) unless the State submits to the Secretary of Transportation by December 1st of each year an inventory of conforming and non-conforming signs in such State; and (2) if the State allows vegetation located on any land on which the State owns a right-of-way for a highway to be cut to improve the visibility of such signs. Requires the Secretary to submit to the Congress a detailed annual report on the extent to which each State has complied with the requirements of this Act, including a compilation of inventories and a description of the Secretary's efforts to assure that necessary directional information about facilities providing goods and services of interest to the traveling public is available to motorists. Makes exceptions to restrictions under this Act for signs which are lawfully in existence on September 1, 1989, and those located in industrial or commercial areas.
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 · 14 September 1989
Designates October 1989 as National HIV and AIDS Awareness Month.
United States · United States Congress · 13 September 1989
Immigration Nursing Relief Act of 1989 - Provides for adjustment to immigrant status without regard to specified numerical limitations under the Immigration and Nationality Act for an alien (and accompanying spouse and children): (1) who as of September 1, 1989, had H-1 nonimmigrant registered nurse status; (2) who has been employed in that capacity for at least three years prior to applying for status adjustment; and (3) whose continued nursing employment meets certain labor certification requirements. Provides that H-1 nurses whose visas expire December 31, 1989, shall be considered to be in legal status for 120 days after the promulgation of related Immigration and Naturalization Service regulations. Amends the Immigration and Nationality Act to establish a new procedure for the admission of nonimmigrant (H-1a) nurses. Requires such an alien: (1) to be licensed as a nurse in the country where he or she received nursing education, or to have received such education in the United States or Canada; and (2) to have passed an appropriate examination or to have a license and be otherwise eligible to practice immediately in the State of intended employment. Requires the employer-facility to attest that: (1) services are necessary to avoid substantial disruption of health care services; (2) such alien's employment will not affect similarly employed nurses' wages and working conditions; (3) such alien will be paid the prevailing wage for similarly employed nurses at the facility; (4) steps are being taken to recruit and retain U.S. citizen or immigrant nurses or that the facility is subject to an approved State plan for such purpose; (5) there is no ongoing strike or labor dispute; and (6) notice of such hiring petition has been given to the nurses' bargaining representative or conspicuously posted if no such representative exists. States that a facility shall not meet the "substantial disruption of services" requirement if it has laid off registered nurses within the previous year. Enumerates facility "nurse recruitment and retention" steps, including: (1) operating or financing training or career development programs; and (2) paying wages above local wage rates or providing salary advancement opportunities. Makes such attestations valid for one year. Permits multiple petitions to be filed on the basis of one attestation. Requires the Secretary of Labor to compile and make available in Washington, D.C., a list of facility petitions and attestations. Requires the Secretary to establish a process for the receipt, investigation, and disposition of complaints with respect to a facility's failure to comply with the terms of its attestation. Authorizes: (1) an aggrieved person or organization (including a bargaining representative) to file a complaint; and (2) the Secretary to initiate an investigation. Requires: (1) the Secretary to make a determination within 120 days of a complaint; and (2) a hearing on the complaint within 60 days of such determination. Authorizes such facility's petitions for one year. Requires the payment of back wages where appropriate. Directs the Secretary to provide for a process under which a State may submit a plan for the recruitment and retention of U.S. citizen and immigrant nurses. Establishes for H-1a alien nurses an initial admission period of up to three years, with an extension period not to exceed a total admissions period of five years (six years under extraordinary circumstances). Directs the Secretary to appoint an advisory group by January 1, 1991, with regard to: (1) the impact of the H-1a program on the nursing shortage; (2) recruitment and retention of U.S. nurses; and (3) program extension. Prohibits specified H-1 regulation changes.
United States · United States Congress · 12 September 1989
Authorizes to be appropriated for FY 1990, in addition to sums already authorized, a certain amount to the National Cancer Institute for breast cancer research other than research which involves treatment or clinical trials.
United States · United States Congress · 12 September 1989
Designates October 27, 1989, as National Hostage Awareness Day in recognition of the 42d birthday of Terry Anderson and his fifth year in captivity. States that efforts should be made to have such date declared International Hostage Day by the United Nations. States that all Federal and international agencies should increase efforts to secure the release of the remaining hostages in Lebanon. Calls for prayer on such date for the release of all U.S. and foreign hostages in Lebanon.
United States · United States Congress · 4 August 1989
Amends Federal copyright law to permit the unlicensed viewing of videos in a hospital, hospice, nursing home, or other group home providing health care if the institution: (1) provides long-term health care services to individuals on a regular basis; and (2) serves as a temporary or permanent home for such individuals. Prohibits such institutions from levying a direct charge for the video viewing, and from transmitting such video viewing via closed-circuit television or other means.
United States · United States Congress · 4 August 1989
Title I: Capital Access for Small Business - Small Business Credit Availability Act of 1989 - Establishes the Venture Enhancement and Loan Development Administration for Smaller Undercapitalized Enterprises (Velda Sue) as a Federal instrumentality to: (1) develop uniform underwriting, security appraisal, and repayment standards for qualified loans; (2) determine the eligibility of certified poolers to contract with Velda Sue for specific mortgage pool guarantees; and (3) provide timely repayment guarantees of the principal and interest on certain qualified obligations. Provides for a Board of Directors to manage Velda Sue. Authorizes Velda Sue to: (1) set conditions under which it will guarantee qualified obligations and securities; and (2) issue securities based on certain pooled interests in qualified obligations. Limits the amount of Velda Sue obligations and guarantees which may be outstanding at any one time. Precludes the Secretary of the Treasury (the Secretary) from approving any such obligations or guarantees if issuance would impair the financial safety or soundness of the Corporation. Directs Velda Sue to issue certification and eligibility standards for secondary marketing for loan poolers. Limits certification to a five-year maximum period. Declares that the Corporation for Small Business Investment, at its election and without regard to eligibility standards for other poolers shall be approved as a certified pooler of qualified debentures only. Prescribes the percentages of obligations of poolers which Velda Sue shall guarantee. Directs the Board of Directors to establish standards governing the composition of each loan pool during the period in which Corporation guarantees are effective. Outlines the minimum standards for qualified loans and debenture pools. Directs Velda Sue to establish fees based upon the risk incurred in providing financial assistance or guarantees for: (1) qualified loans; (2) qualified debentures; and (3) securities issued by a qualified loan pooler. Prescribes maximum fee guidelines. Directs the Comptroller General to report annually to the Congress regarding Velda Sue's fee schedule and collection. Grants the Secretary general regulatory power over Velda Sue activities. Requires Velda Sue to publish annual financial status reports as prescribed by the Secretary. Declares that for purposes of the Securities Act of 1933, neither securities nor guarantees issued by Velda Sue shall be deemed to be a security issued by an agent of the Federal Government or a "government security." Authorizes Velda Sue to issue obligations to the Secretary solely for the purpose of fulfilling its obligations. Authorizes appropriations to the Secretary without fiscal year limitation. Confers original jurisdiction upon the Federal district courts for all civil actions to which Velda Sue is a party. Directs the Comptroller General to perform a financial audit of Velda Sue. Title II - Corporation for Small Business Investment Charter Act - Amends the Small Business Investment Act of 1958 to establish timetables to govern the promulgation of regulations by the Small Business Administration (SBA) and the qualification of licensees to do business with the Corporation for Small Business Investment and the special-purpose trust established by this Act. Establishes the Corporation for Small Business Investment as a Government-sponsored private corporation. Sets out the Corporation's stock structure. Permits only small business investment companies to hold voting common stock. Requires the Corporation to mandate certain contributions from these companies in order to accumulate capital surplus funds from private sources. Includes depository institutions as eligible contributors entitled to receive stock and dispose of it. Authorizes the Corporation to issue obligations and securities, within prescribed limits with the approval of the Velda Sue Board of Directors. Prohibits Velda Sue from approving the issuance of obligations or guarantees that would impair the financial soundness of the Corporation. Authorizes the Corporation to issue commitments or otherwise deal in small business investment securities. Directs Velda Sue to examine the Corporation's financial conditions and to exercise general regulatory power over it according to prescribed guidelines. Sets forth the procedure for perfecting a security or ownership interest in small business investment securities created by the Corporation. Authorizes the Corporation to guarantee specified securities. Directs the Corporation to establish criteria, including private capital amount requirements, for the qualification of small business investment companies to conduct business with it. Instructs the Corporation to enter into agreements with small business investment companies, which are authorized to provide equity capital and loans to small businesses. Restricts the financing activities of the investment companies, setting time limits, aggregate securities acquisition limits, and use restrictions with respect to loan funds. Prohibits the Corporation from purchasing or guaranteeing securities in excess of ten percent of its assets. Provides for both financial and compliance audits of small business investment companies. Directs the Corporation to adopt independent criteria in connection with the qualification of a special type of small business investment company to invest solely in disadvantaged small businesses. Establishes a special-purpose trust to benefit special small business investment companies. Provides for SBA conveyance to the Corporation of all right, title, and interest to all securities and outstanding debentures issued by small business investment companies that are not in liquidation. Requires the trust to apply all of the funds held in trust and income to: (1) cover any losses realized on debentures purchased or guaranteed by the Corporation; (2) reduce the interest rate on debentures issued by special small business investment companies or purchase their preferred securities; and (3) pay administrative costs. Authorizes the trustees to purchase preferred securities and the Corporation to purchase or guarantee the payment of principal and interest on debentures issued by special small business investment companies. Authorizes a special small business investment company to request that the Corporation purchase or guarantee its debentures subordinate to any other obligations of such companies. Sets forth restrictions on the interest rate on and total amount of such debentures. Requires that all outstanding preferred securities purchased by the trust from special small business investment companies be redeemed and transferred to the Treasury 50 years after the effective date of this Act. Authorizes appropriations for the trust for FY 1991 through FY 2000. Gives the SBA review authority over the Corporation and requires annual reporting in connection with this review. Mandates an annual audit, by Velda Sue of the Corporation's financial transactions with subsequent reports to the President and to the House and Senate Small Business Committees. Subjects Corporation books and records to audit by the General Accounting Office and by the Office of the Inspector General of the SBA under specified conditions. Requires annual Corporation reporting to the President, the SBA, relevant congressional committees, and Velda Sue. Requires the General Accounting Office, by January 31, 1993, to prepare a report for the House and Senate Small Business Committees on the Corporation's effectiveness in achieving the purposes of this Act. Directs the SBA to contract with the Corporation to administer all outstanding debentures issued by small business investment companies and guaranteed by Velda Sue. Confers original jurisdiction upon the Federal district courts for all civil actions to which either the Corporation or the trust is a party. Precludes the Corporation from issuing any obligations or guarantees until Velda Sue notifies it that it is ready to do business. Requires the Corporation to wind up its affairs and return all remaining funds to its shareholders on a pro rata basis if it does not receive such notice within two years of the effective date of this Act.
United States · United States Congress · 4 August 1989
Designates October 1989 as Italian-American Heritage and Culture Month.
United States · United States Congress · 4 August 1989
Designates November 12 through November 18, 1989, as National Glaucoma Awareness Week.
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 · 31 July 1989
Benjamin Franklin National Memorial Commemorative Coin Act - Requires the Secretary of the Treasury to issue a specified number of five-dollar gold coins, one-dollar silver coins, and half-dollar clad coins in commemoration of the bicentennial of the death of Benjamin Franklin. Provides that such coins shall be considered legal tender. Requires the Secretary to begin issuing such coins on October 1, 1989. Directs the Secretary to obtain silver for the minting of such coins from stocks of silver held by the Secretary or from any other federally owned stocks of silver and to obtain gold pursuant to authority under existing law. Provides that the design of such coins shall be selected by the Secretary after consultation with the Chairman of the Benjamin Franklin National Memorial at the Franklin Institute and the Chairman of the Commission of Fine Arts. Specifies the sales price of such coins as the face value plus costs. Requires that all sales of such coins include a surcharge of $35 per coin for five-dollar coins, $7 per coin for one-dollar coins, and $2 for half-dollar coins. Requires that all surcharges received by the Secretary from the sale of such coins shall be paid to the Benjamin Franklin National Memorial (The Franklin Institute): (1) to restore and renovate the Memorial; (2) to construct or renovate certain adjoining areas of the Franklin Institute; (3) to establish an endowment to ensure the continued upkeep and maintenance of the Memorial; (4) for exhibits in the Memorial or certain adjoining areas of the Institute; and (5) for funds for construction of certain facilities and for the acquisition and preservation of artifacts relating to Franklin. Authorizes the Comptroller General to audit such payments. Prohibits the minting of such coins under this Act after December 31, 1990. Requires the Secretary to ensure that the minting and issuance of such coins shall not result in any net costs to the Government.
United States · United States Congress · 27 July 1989
Expresses the sense of the Congress that the United States Postal Service should issue a postage stamp commemorating the life and work of Doctor Thomas Anthony Dooley III.
United States · United States Congress · 25 July 1989
Proclaims Christopher Columbus to be an honorary citizen of the United States.
United States · United States Congress · 24 July 1989
Designates the week of October 22 through October 29, 1989, as National Red Ribbon Week. Recognizes and commends the hard work and dedication of certain individuals and organizations and urges activities that support community and alcohol education during such week. Encourages Americans to wear or display red ribbons during such Week to present and symbolize their commitment to a healthy, drug-free lifestyle, and to develop an attitude of intolerance to the use of drugs.
United States · United States Congress · 20 July 1989
Business Incubator Review Act of 1989 - Declares it to be U.S. policy that the Federal Government should encourage the development and operation of business incubators as an economic development tool. Directs the President to create a Business Incubator Review Group, including certain cabinet officers and other appropriate individuals, to review Federal policies and programs relating to business incubators and to report to the appropriate congressional committees describing current programs and recommending improvements and changes. Terminates the Group 30 days after submission of the required report. Directs Group members to review business development regulations promulgated by their respective agencies and to take action to assure that business incubators are eligible for relevant grants and loans. Requires members of the Review Group to consult regularly with representatives of incubator operators, State and local officials, and other specified persons. Instructs the Secretary of Commerce, through the Clearinghouse for State and Local Initiatives on Productivity, Technology, and Innovation, to study and report to the appropriate congressional committees on business incubators, including descriptions of State and local programs. Authorizes appropriations for this undertaking. Amends the Stevenson-Wydler Technology Innovation Act of 1980 to assign to the Clearinghouse for State and Local Initiatives on Productivity, Technology, and Innovation the duty to collect information on Federal programs supporting business incubators and to assist and advise State and local governments with respect to such programs.
United States · United States Congress · 19 July 1989
Authorizes the use of the official expenses allowance of each Member of the House of Representatives for production of newsletters containing directories of State, local, and nonprofit private drug counseling, treatment, and information programs.
United States · United States Congress · 29 June 1989
Directs the American Battle Monuments Commission to establish a memorial on Federal land in the District of Columbia or its immediate area to honor World War II veterans and to commemorate U.S. participation in that conflict. Directs the Commission to plan, design, construct, and oversee the operation of the memorial. Specifies that such design shall provide for accessibility by, and accommodations for, the physically handicapped. Establishes the World War II Memorial Advisory Board to: (1) promote the establishment of the memorial and encourage the donation of private funds for construction maintenance; (2) assist and cooperate with the Commission in the selection of the site and design for the memorial; and (3) transmit annual reports on its activities to the Congress. Authorizes the Commission to solicit private contributions for such memorial. Establishes a fund in the Treasury which shall be made available to the Commission to carry out this Act. Authorizes Federal funding, in addition to such private funds, for site preparation, design, planning, establishment, construction, maintenance, and operation of the memorial. Authorizes assistance from specified Federal departments and agencies, including the Library of Congress. Authorizes Federal property to be transferred to the Commission. Authorizes the Commission to purchase suitable property within the District of Columbia for the establishment of such memorial. Urges the Government to encourage 50th anniversary commemorations of the U.S. role in World War II. Urges the Smithsonian Institution and other Federal museums to develop commemorative exhibitions to be shared with academic institutions.
United States · United States Congress · 29 June 1989
Constitutional Amendment - Declares that the Congress and the States shall have power to prohibit the physical desecration of the U.S. flag.
United States · United States Congress · 28 June 1989
Official Anthem of the Statute of Liberty - Dedicates "The Most Beautiful Lady in the World" as the official anthem of the Statue of Liberty.
United States · United States Congress · 28 June 1989
Designates October 29, 1989, as Fire Safety at Home Day: Change Your Clock, Change Your Battery. Directs the President to issue a proclamation to urge people to change the batteries in their smoke detectors when they reset their clocks from daylight savings time.
United States · United States Congress · 27 June 1989
Requires the head of each Federal agency to establish a program under which agency employees shall be reimbursed for expenses incurred in the adoption of a child. Allows a reimbursement only: (1) after the adoption becomes final; (2) if, at the time of adoption, the child is under 18 years of age and unmarried; and (3) if appropriate, written application has been filed as may be required. Provides that a reimbursement shall be payable only if, or to the extent that, similar benefits have not met the full amount of adoption expenses. Prohibits a reimbursement from exceeding $2,000. Provides for determining reimbursement amounts when both adopting parents are Federal employees. Prohibits the denial of a reimbursement from being based on the marital status of the applicant. Allows the Office of Personnel Management to issue general guidelines for the uniform administration of this Act. Makes this Act applicable to Postal Service employees.
United States · United States Congress · 27 June 1989
Constitutional Amendment - Declares that the Congress and the States shall have power to prohibit the act of desecration of the U.S. flag and to set criminal penalties for that act.
United States · United States Congress · 27 June 1989
Expresses the sense of the House of Representatives that individuals throughout the United States should observe Independence Day, July 4, 1989, as Take Pride in the Flag Day to celebrate the 213th anniversary of the signing of the Declaration of Independence and the 201st anniversary of the ratification of the U.S. Constitution.