United States · United States Congress · 22 February 1990
Calls for the retention of sanctions against South Africa under the Comprehensive Anti-Apartheid Act until all conditions for the termination of sanctions are fulfilled and a democratic political process is established.
United States · United States Congress · 21 February 1990
Coalfield Environment Enhancement Act of 1990 - Amends the Surface Mining Control and Reclamation Act of 1977 to authorize any State with an approved abandoned mine reclamation program to establish a State-administered Remining Insurance Program which shall include a State Self-Sustaining Remining Insurance Fund. Declares that such a Fund shall assume the liability of member surface mining operators to mitigate adverse environmental effects resulting from specified unanticipated conditions. Sets forth a matching State and Federal contributions schedule to fund the Remining Insurance Fund. Authorizes State surface mining reclamation programs to include a separate permit system for the reprocessing or removal of abandoned coal refuse or disposal piles. Authorizes the Secretary of the Interior to increase the annual Federal assistance grant for State surface mining control programs if a State has insufficient fiscal resources for a program enforcement.
United States · United States Congress · 7 February 1990
Civil Rights Act of 1990 - Amends the Civil Rights Act of 1964 to provide that: (1) once a complainant has demonstrated that an employment practice results in a disparate impact on the basis of race, color, religion, sex, or national origin, the respondent has the burden of proving that the practice is justified by business necessity; (2) a complainant need not demonstrate which of a group of practices results in the demonstrated disparate impact; and (3) a respondent need not show business necessity for a specific practice within a group of practices if the respondent shows that that practice does not contribute to the disparate impact. Declares that an unlawful employment practice is established on a demonstration that race, color, religion, sex, or national origin was a motivating factor for any employment practice, even though such practice was also motivated by other factors, but bars certain types of relief if the respondent establishes that it would have taken the same action in the absence of any discrimination. Prohibits a challenge to an employment practice that implements a litigated or consent judgment or order resolving a claim of employment discrimination: (1) by a person who had certain types of notice and opportunity; (2) by a person whose interests were adequately represented by another person who challenged the judgment or order; or (3) if reasonable efforts were made to provide notice to interested persons. Increases to two years the time limit within which a charge of an unlawful employment practice must be filed. Removes provisions setting a separate time limit for charges initially filed with a State or local agency. Declares that a seniority system or practice which is part of a collective bargaining agreement is an unlawful employment practice if it was included in the agreement with the intent to discriminate. Allows, except for disparate impact cases, for compensatory damages (but not back pay) and, where there is malice or reckless or callous indifference, for punitive damages. Allows any party, where compensatory or punitive damages are sought, to demand a jury trial. Includes expert fees and other litigation expenses in any attorney's fees awarded. Prohibits a consent order or judgment settling a claim unless the parties and their counsel attest that a waiver of attorneys' fees was not compelled as a condition of the settlement. Allows to the prevailing party in the original action an award of attorney's fees and costs in defending a challenged judgment or order. Increases to 90 days after final action by a Federal agency the time limit for a Federal employee to bring a civil action. Allows to Federal employees the same interest to compensate for delay in payment as in cases involving non-public parties. Requires Federal civil rights laws to be broadly construed to effect their purpose to eliminate discrimination and provide effective remedies. Prohibits, except as expressly provided, any Federal civil rights law from being construed to restrict or limit the rights, procedures, or remedies available under any other Federal civil rights law. Declares that, for purposes of provisions relating to equal rights under the law, the right to make and enforce contracts includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship.
United States · United States Congress · 7 February 1990
Bovine Growth Hormone Moratorium Act of 1990 - Amends the Agricultural Act of 1949 to prohibit the sale of milk produced by cows injected with bovine growth hormone. Requires a person who sells or injects bovine growth hormone to maintain records as determined by the Secretary of Agriculture. Establishes civil penalties for violations of this Act. Directs the Secretary to carry out a bovine growth hormone study.
United States · United States Congress · 7 February 1990
B-2 Production Termination Act - Prohibits funds appropriated to the Department of Defense (DOD) after FY 1990 from being used to commence production of B-2 aircraft. Limits the use of funds already appropriated to DOD for the B-2 to: (1) the completion of the production of such aircraft which began with funds appropriated for a fiscal year before FY 1991; and (2) research, development, test, and evaluation, including flight testing. Directs the Secretary of Defense to preserve production facilities and tooling for production of such aircraft in order to maintain an option to produce such aircraft in the future.
United States · United States Congress · 1 February 1990
Medicaid Frail Elderly Community Care Amendments of 1990 - Amends title XIX (Medicaid) of the Social Security Act to permit States to provide Medicaid coverage of community care for functionally disabled elderly individuals. Considers individuals who are unable to perform at least two daily living activities or who have Alzheimer's disease and require substantial assistance or supervision as functionally disabled individuals. Defines a covered community care setting as a nonresidential setting or a residential setting in which more than two unrelated adults reside and personal services are provided. Requires that community care be provided to each client in accordance with an individual community care plan (ICCP) prepared and periodically reviewed and revised by a community care case manager on the basis of the manager's consultation with the client and a comprehensive functional assessment of a client's needs conducted by an interdisciplinary team before his or her receipt of care and at least annually thereafter. Sets a ceiling on Medicaid payments to States for community care. Reduces Federal Medicaid payments to States that reduce their Medicaid community care expenditures below their FY 1990 expenditures for such care. Requires that community care and community care settings meet requirements, to be developed by the Secretary of Health and Human Services, concerning client rights, the quality of such care, and safety and sanitation. Imposes specified minimum requirements on such care and settings, including certain Medicaid requirements currently applicable to nursing facilities. Requires that community care settings: (1) disclose persons having an ownership or control interest in the setting; and (2) exclude a person from such interest if he or she has been excluded from the Medicaid program or had an interest in a community care setting repeatedly found to have provided substandard care. Makes: (1) the Secretary responsible for certifying that State community care providers and settings comply with Medicaid requirements; and (2) States responsible for certifying that other community care providers and settings comply with Medicaid requirements. Requires that providers and settings be certified annually. Bases community care setting certification on an annual, unannounced survey. Directs the Secretary to: (1) develop a protocol for conducting surveys; and (2) conduct sample surveys of community care settings, within two months of State surveys, to test the adequacy of State surveys. Authorizes the Secretary to conduct a special survey of a setting or a review of a provider when there is reason to question its compliance with this Act. Prohibits the use of surveyors who have an interest in the provider or setting being surveyed. Requires States and the Secretary to investigate complaints against providers or settings concerning violations of this Act's requirements. Requires each State to provide, through the State agency responsible for the certification of such providers and settings, for the receipt, review, and investigation of allegations of client neglect and abuse, and of misappropriation of client property by providers. Requires that: (1) certain information regarding providers and settings and their compliance with this Act's requirements be made available to the public; and (2) State Medicaid fraud and abuse control units be given access to provider or setting survey and certification information. Requires that when the Secretary or State determines that a provider's or setting's deficiencies immediately jeopardize the client's health and safety, immediate action be taken to remove the jeopardy and correct the deficiencies or the provider's or setting's participation in Medicaid be terminated. Authorizes the Secretary or States to terminate a community care provider's participation in the Medicaid program and to impose a civil monetary penalty for failure to meet this Act's requirements. Sets forth the Secretary's responsibilities relating to community care requirements. Requires that State Medicaid payment rates for community care be reasonable and adequate to meet the costs of providing such care efficiently, economically, and in accordance with applicable laws, regulations, and standards. Prohibits the coverage of substandard community care, penalties imposed for such care, and community care furnished by family members.
United States · United States Congress · 1 February 1990
Amends the National Labor Relations Act to make it an unfair labor practice for an employer to offer or grant: (1) permanent replacement employee status during a labor dispute; or (2) any employment preference to an individual who worked or indicated a willingness to work during a labor dispute over an employee who exercised specified rights during such dispute.
United States · United States Congress · 30 January 1990
Provides for all Federal civilian and military retirees to receive the full cost-of-living adjustment in annuities payable under Federal retirement systems for FY 1991. (Includes benefits payable under the Civil Service Retirement and Disability System, military retirement and survivor benefit programs, the Foreign Service Retirement and Disability System, the Central Intelligence Agency Retirement and Disability System, and railroad retirement programs.)
United States · United States Congress · 30 January 1990
Expresses the sense of the Congress that: (1) the current inquiries into the activities of the British West Midlands Crime Squad must be extended to cover the period of the Birmingham bombings of November 21, 1974; (2) the British Prime Minister should call upon the British Home Secretary to reopen the case of the Birmingham Six (those convicted for the bombings); (3) the convictions of such individuals should be quashed; and (4) the President should raise with the British Prime Minister concern for the basic human rights violations and miscarriage of justice arising from the continued incarceration of such individuals.
United States · United States Congress · 30 January 1990
Expresses the sense of the Congress that: (1) it would be inequitable for Civil Service retirees to receive smaller cost-of-living adjustments to their pensions than Social Security retirement beneficiaries; and (2) any budget adopted by the Congress should provide for full cost-of-living adjustments for all individuals receiving a Federal retirement pension or benefit.
United States · United States Congress · 29 January 1990
Energy and Environmental Security Act of 1990 - Title I: Extension and Modification of Tax Incentives for Ethanol - Amends the Internal Revenue Code to extend excise tax reductions for specified alcohol fuel mixtures for nine years. Directs the U.S. Comptroller General to study the options for reimbursing the Highway Trust Fund for the reduction in its receipts due to such reductions. Extends a tax credit for alcohol fuels to December 31, 2002. Prohibits carryovers of such credits after 2004. Extends such credits to alcohol used to produce ethyl tertiary butyl ether (ETBE). Amends the Harmonized Tariff Schedule of the United States to extend: (1) the tariff treatment for ethanol to ETBE; and (2) the effective period of the temporary duty on ethanol to December 31, 2002. Title II: Oxygenated Fuels and Aromatic Compounds - Amends the Clean Air Act to prohibit, during October to March of each year, the introduction into commerce in any carbon monoxide nonattainment area of gasoline with an oxygen content of less than 3.1 percent. Provides for the exchange of oxygen credits between sellers of fuels with an oxygen content higher than required and other sellers of fuels to offset the use of fuels with a lower content than required. Prohibits such exchanges between sellers in different nonattainment areas. Requires retailers of oxygenated fuels to label fuel dispensing systems with a notice that the fuel is oxygenated and will reduce carbon monoxide emissions. Directs the Administrator of the Environmental Protection Agency to develop environmental profiles for each of the aromatic compounds in gasoline and to take action to limit the use of such compounds in accordance with the profiles. Title III: Development and Use of Ethanol - Requires the Secretary of Energy to: (1) give funding priority to ethanol development projects that have high potential for immediate benefits; and (2) establish a program to promote the development and use of ethanol in motor fuel.
United States · United States Congress · 23 January 1990
Amends the National Trails System Act to require the Secretary of the Interior to study the historical significance of the Underground Railroad, the route taken by escaping slaves during the Civil War. Requires the Secretary to designate such route the Underground Railroad Historic Trail and examine the possibility of extending it into Canada and Mexico. Authorizes appropriations.
United States · United States Congress · 23 January 1990
Authorizes the Secretary of Education to provide financial assistance to the Washington Center for Internships and Academic Seminars for construction and related costs of a student residence and classroom building in Washington, D.C. Authorizes appropriations for FY 1991 through 1993.
United States · United States Congress · 23 January 1990
Makes supplemental FY 1990 appropriations for the Department of Health and Human Services' low-income home energy assistance program for States with specified home heating cost increases.
United States · United States Congress · 21 November 1989
Amends Federal law to authorize and request the President to designate May as Asian/Pacific American Heritage Month annually, beginning in 1990. (Current law designates a seven-day period beginning on May 4, 1979).
United States · United States Congress · 21 November 1989
Amends the Wild and Scenic Rivers Act to designate certain segments of Salmon Creek and the Little South Fork and South Fork of the Elk River, California, for potential addition to the wild and scenic rivers system.
United States · United States Congress · 20 November 1989
National Forest Hunter Safety and Protection Act of 1989 - Prescribes civil penalties for knowingly interfering with the conduct of a lawful hunt in a national forest or on lands affected with a Federal interest. Authorizes injunctive relief, the recovery of actual and punitive damages, and the awarding of attorney's fees. Grants hunting and sportsman's organizations standing under this Act.
United States · United States Congress · 20 November 1989
Prohibits the Secretary of the Interior from issuing any oil or gas exploration leases or licenses on submerged lands off the coastlines of the eastern seaboard, western seaboard, and Alaska (the Outer Continental Shelf). Retains the leases, licenses, and permits in effect on the date of enactment of this Act. Directs the Secretary to cancel (with compensation) specified leases or permits in effect on such date. Directs the Secretary to report to the Congress on alternative options for compensating leaseholders of specified land tracts.
United States · United States Congress · 19 November 1989
Waste Materials Management Act of 1989 - Authorizes appropriations for FY 1990 through 1993 to carry out the Solid Waste Disposal Act. Title I: Provisions Relating Primarily to Subtitles A and B of the Solid Waste Disposal Act - Amends the Solid Waste Disposal Act to revise provisions concerning congressional findings and objectives. Declares it to be U.S. national policy that: (1) the creation of surplus and remnant material from production processes shall be reduced and residuals from post-consumer products shall be managed as material resources; (2) materials are to be managed at Federal, State, and local levels using specified waste reduction and management strategies; and (3) the Administrator of the Environmental Protection Agency (EPA) and the States shall not differentiate in the enforcement of this Act on the basis of whether an owner or person engaged in waste disposal activities is a public or private person, whether a facility is located on or off the premises where waste is generated, or whether an activity is carried out on or off the premises where the waste is generated. Requires the Inspector General of the EPA to report annually to the Congress on the implementation of, and compliance with, the Solid Waste Disposal Act. Adds specified annual reporting requirements. Directs the Administrator, for five years following the date of enactment of this Act, to identify five of the most toxic and common constituents of municipal waste. Requires the Administrator to consider, with respect to each of the constituents, imposing the following: (1) a ban on the use of such a constituent in production; (2) a ban on disposal in landfills or treatment in incinerators of any product containing such a constituent; (3) a requirement for special management standards for such products after discard; and (4) a requirement for the use of a substitute constituent. Permits the Administrator to impose such bans or requirements only by promulgating regulations. Requires the Administrator to publish annually in the Federal Register any information on such actions. Prohibits the disposal of used lead-acid batteries other than by recycling in accordance with this Act. Requires persons to dispose of such batteries only by delivery to: (1) battery retailers or wholesalers; or (2) secondary lead smelters or collection or recycling facilities permitted by a State or the Administrator. Sets forth battery disposal requirements for retailers, wholesalers, and manufacturers. Makes violators of such requirements subject to fines under the Federal criminal code. Requires battery retailers, wholesalers, and manufacturers to accept from customers used batteries of the same type as the batteries sold. Directs retailers to post a notice for customers containing information about the illegality of improperly disposed batteries, the requirements for accepting and disposing of batteries, and the merits of conservation. Permits the Administrator to inspect any establishment pursuant to this Act and to issue warnings and citations for noncompliance. Subjects persons who fail to post notices after receiving a warning to penalties of up to $1,000 per day. Requires battery wholesalers who sell batteries to retailers to provide for removal of batteries from the retailers' place of business. Prohibits the charging of fees for accepting batteries from customers. Considers violations of battery collection requirements to be misdemeanors. Requires the Administrator to study and report to the Congress on the disposal and potential recyclability of household dry-cell batteries and the need for legislation, regulation, or further study on the disposal and recyclability of such batteries. Title II: Provisions Relating Primarily to Subtitle C of the Solid Waste Disposal Act - Identifies as a hazardous waste a waste containing more than .1 percent of any constituent listed in appendix VIII to part 261 of title 40 of the Code of Federal Regulations, unless the Administrator establishes another level for such constituent. Provides that: (1) the mixing of a hazardous waste with any other matter constitutes treatment requiring a permit; and (2) dilution of a hazardous waste through such mixing, such that the resulting mixture does not exceed the established concentration levels, does not alter the character of the material as a hazardous waste. Authorizes the granting of petitions to remove from the list a hazardous waste for periods of up to five years. Permits subsequent renewals of such petitions. Requires the Administrator to charge fees for the submission of such petitions. Directs the Administrator to promulgate regulations on the following characteristics of hazardous waste: (1) acute and aquatic toxicity; (2) persistence and bioaccumulation potential; (3) radioactivity; (4) carcinogenicity; (5) mutagenicity; and (6) phytotoxicity. Directs the Administrator to promulgate regulations requiring: (1) owners or operators of facilities which use materials containing hazardous constituents listed in the Code of Federal Regulations in a manufacturing process to test the waste generated for the presence of such constituents; and (2) owners or operators of facilities generating hazardous waste subject to land disposal prohibitions to test the waste to determine if it meets applicable treatment standards. Provides for routine testing at least every two years and additional testing when a significant change in generation or waste management processes occurs. Requires the Administrator to carry out hazardous waste programs directly in States unless a State is authorized to administer such requirements. Requires the Administrator, if a State's program is equivalent, to grant interim authorization to such State to administer such program in lieu of direct administration by the Administrator. Directs States with hazardous waste programs to report annually to the Administrator on such programs. Prohibits the Administrator from identifying used oil as a hazardous waste under the Solid Waste Disposal Act. Provides that any fuel derived from used oil that does not meet used oil specifications established by the Administrator and would otherwise be identified as a hazardous waste shall be deemed to be a hazardous waste. Directs the Administrator to promulgate regulations for persons who generate, transport, recycle, or dispose of used oil. Requires the Administrator, in developing such regulations, to conduct an analysis of the economic impact of such regulations on the used oil recycling industry. Provides that regulations for used oil generators shall: (1) prohibit the storage of used oil in an underground storage tank unless such tank meets requirements under this Act; (2) prohibit the storage of used oil for more than 12 months; (3) require generators to transfer such oil to specified permitted used oil recycling or disposal facilities or transporters; and (4) require generators to keep specified records on such oil. Requires used oil transporter regulations to provide that such transporters: (1) acquire identification numbers from EPA; (2) meet applicable financial responsibility requirements; and (3) keep specified records. Provides that used oil recycler regulations shall require recyclers to: (1) keep specified records; (2) test fuel produced from the recycling process before departure from the facility; and (3) obtain certain permits. Requires used oil disposal regulations to prohibit mixing used oil with any hazardous waste identified under the Solid Waste Disposal Act unless the resulting mixture does not exhibit hazardous waste characteristics or the mixture is burned to recover useful energy in a device designed such that protection of human health and the environment is assured. Directs the Administrator to promulgate regulations requiring owners or operators of new and existing recycling facilities to have class permits. Provides for annual inspections of such facilities to assure permit compliance. Sets forth requirements for interim class permits. Exempts from permit requirements: (1) facilities which refine at least 10,000 barrels daily of crude oil into petroleum products, are classified as S.I.C. number 2911 (pursuant to the Office of Management and Budget Standard Classification Manual) facilities, and whose volume of refined used oil is less than one percent of the total crude oil refined into lubricant base stock annually; and (2) facilities which compound or blend lubricating base oil into finished lubricant products as their principal activity, are classified as S.I.C. number 2899 or 2992 facilities, and whose volume of used oil compounded or blended into such products is no more than ten percent of the lubricating base oil compounded or blended annually. Exempts from used oil regulation requirements on-site activities at facilities classified as S.I.C. number 4911 facilities. Directs the Administrator to promulgate regulations governing such facilities. Requires the Administrator to promulgate regulations establishing specification standards for fuel derived from used oil to be burned in furnaces and boilers. Sets forth requirements to be effective if the Administrator fails to promulgate used oil regulations by the applicable deadline. Requires the Administrator to implement education programs to inform the public and small businesses about the environmental and safety hazards associated with improper handling and disposal of used oil and the benefits derived from used oil recycling. Authorizes appropriations. Requires producers or importers of lubricating oil to recycle for a period of ten years an amount of used oil equal to at least the amount determined by multiplying the amount of lubricating oil produced or imported that year by such persons by the recycling percentage established by the Administrator. Authorizes such individuals to comply with this Act by: (1) recycling (through re-refining) used oil or purchasing re-refined oil for purposes of producing lubricating oil; or (2) purchasing recycling credits under this Act. Requires producers and importers to report annually to the Administrator on the amount of oil produced or imported by such persons. Directs the Administrator to establish a recycling percentage that is two points higher than the existing recycling rate for lubricating oil. Provides for increases in such percentage of two points annually for ten years. Requires the Administrator to promulgate regulations allowing recyclers to create credits for used oil recycling and producers or importers of lubricating oil to purchase such credits. Provides that such regulations shall require: (1) owners or operators of used oil collection centers to keep receipts issued by transporters who take delivery of such oil and copies of agreements under which the transporter agrees to take such oil to a recycling facility; (2) such owners or operators to certify that oil taken by transporters is not mixed with hazardous wastes; (3) owners or operators of recycling facilities to be the only persons to create a recycling credit for the recycling credit system; (4) recyclers to certify that the substance being recycled is used oil that has not been mixed with hazardous wastes; (5) oil proposed to be recycled to have come from a used oil collection place or a transporter with an identification number; (6) specified records to be kept by recyclers and by importers or producers; and (7) recyclers to sell or distribute in commerce such oil as specification used oil, off-specification used oil, industrial specification used oil, or re-refined oil. Directs the Administrator to report to the Congress on such regulations and to include: (1) a discussion of the effects of such regulations on the oil industry and the environment; and (2) an evaluation of the level of the recycling percentage and whether such percentage should be increased in future years. Requires an updated version of such report to be submitted within ten years of this Act's enactment. Applies recycling requirements to persons who import or produce more than 100,000 gallons of lubricating oil annually. Sets the recycling percentage at 40 percent if the Administrator fails to promulgate such regulations. Directs the Administrator to promulgate regulations requiring owners or operators of existing and new hazardous waste facilities to have class permits. Requires such permits to include provisions for: (1) public notice and comment; (2) environmental monitoring; (3) closure and post closure requirements; (4) financial responsibility; (5) annual on-site inspections; and (6) penalties for noncompliance. Requires the Administrator to impose additional requirements, as necessary. Requires the following facilities, unless excluded from regulation, to have such permits: (1) recycling facilities; (2) facilities engaged in precious metal recovery; (3) facilities engaged in spent lead-acid battery reclamation; and (4) hazardous waste storage facilities. Title III: Provisions Relating Primarily to Subtitle D of the Solid Waste Disposal Act - Subtitle A: Provisions Relating to Solid Waste Management Plans - Revises requirements for State solid waste management plans. Requires such plans to include: (1) an estimate of the capacity of the State to manage such waste; (2) permit programs; (3) solid waste recycling, reduction, incineration, and land disposal elements; (4) an overall waste materials strategy to cover one of two specified planning periods; (5) waste inventories; (6) personnel training and public education; (7) requirements for the management of household hazardous waste, tires, yard waste, and large household appliances; and (8) annual reporting requirements. Sets forth submission, approval, and implementation procedures for State plans. Authorizes a State with an approved plan and certification of compliance to: (1) prohibit the transportation of solid waste generated from another State into such State for disposal, storage, or incineration purposes; (2) prohibit the incineration, disposal, or storage of such waste; and (3) levy fees on solid waste or solid waste transporters that differentiate rates or other aspects of payment on the basis of waste origin. Requires such State, prior to exercising such authority, to certify to the Administrator that it has: (1) completed construction on facilities that will provide at least 70 percent of the capacity for solid waste management needed to implement the State plan; and (2) completed siting approval on facilities that will provide 100 percent of such capacity. Prohibits the interstate transport of solid waste in any State: (1) that does not have an approved plan within a specified time period; (2) that cannot certify continuing compliance; or (3) for which that the Administrator has withdrawn approval of the State plan. Permits the Administrator to develop a plan for, and charge, any State that has not submitted a plan. Requires States to establish permit programs and issue permits to solid waste management facilities in compliance with this Act. Prohibits the incineration, storage, or disposal of such waste at, or the transportation of such waste to, facilities without permits. Sets forth transitional permit requirements and deadlines. Limits permit terms to ten years and provides for permit modifications, as appropriate. Authorizes States to grant variances from permit requirements if demonstrated that no adverse effects to human health or the environment will result from such variances. Subtitle B: Provisions Relating to Federal Requirements - Directs the Administrator to promulgate standards, guidelines, and regulations for: (1) municipal solid waste landfills; (2) municipal solid waste incinerators; (3) industrial waste; (4) above-ground storage tanks; and (5) other waste categories, as appropriate. Permits State Governors to petition the Administrator for the promulgation of additional standards, guidelines, and regulations. Sets forth requirements for municipal solid waste landfills, to include: (1) specified detection and monitoring controls; (2) daily cover; (3) closure and postclosure requirements; (4) financial responsibility and corrective action requirements; (5) groundwater monitoring; (6) liners and leachate collection and removal systems, as appropriate; (7) construction quality assurance plans; and (8) prohibitions on landfills being located within the 100-year flood plain, within specified distances of faults, or within seismic impact zones or other unstable areas, unless certain conditions have been met. Requires the Administrator to publish guidelines for identifying materials which should be removed from solid waste before its incineration in a municipal solid waste incinerator. Directs the Administrator to promulgate regulations applicable to the operation and management of municipal solid waste incinerators and to the disposal or recycling and reuse of municipal solid waste incinerator ash. Prohibits the disposal of ash in units that are created as a result of vertical expansion of an existing waste disposal facility unless it is demonstrated that there will be no settling of waste that would impair the integrity of the liners. Requires that landfills into which such ashes are disposed provide for groundwater monitoring and: (1) place such ashes in a monofill having a leachate collection system and a single liner designed and operated to prevent the migration of any constituent into such liner; or (2) have two or more liners and a leachate collection system above and between such liners. Provides that landfill design requirements shall not apply to alternatively-designed units if demonstrated that such designs prevent such migration. Directs the Administrator to prescribe criteria and testing procedures for identifying the hazardous properties of municipal incinerator ash so that ash which does not exhibit such properties may be placed in sanitary landfills meeting current criteria under specified conditions. Requires ash which is hazardous to human health or the environment to be treated prior to recycling or reuse. Prohibits, four years after this Act's enactment, the operation of incinerators and the receipt of ash for treatment, storage, disposal, reuse, or recycling without a permit or prior approval under a State program. Requires civil penalties imposed against local governments for violations of this Act to be deposited into a trust fund for programs that serve to enhance the protection of human health and the environment. Sets forth transitional provisions. Requires the Administrator to identify, classify, and report to the Congress and States on specified types of industrial waste. Directs generators or transporters of such waste and owners or operators of facilities handling such waste to file notifications with the State concerning facility locations and descriptions of activities and wastes handled. Sets forth requirements for industrial waste management, to include: (1) authorizations to operate; (2) monitoring, recordkeeping, and reporting requirements; (3) performance standards; (4) financial responsibility assurances; (5) design, operating, closure, and postclosure criteria; and (6) corrective action requirements. Applies such requirements to the following facilities: (1) industrial waste facilities that produce such waste and are not implementing closure or postclosure plans; and (2) inactive or abandoned facilities that are reactivated. Requires the Administrator to study the adverse effects on human health and the environment of the disposal of other nonhazardous waste. Directs the Administrator to promulgate solid waste storage regulations. Excludes from such regulations storage at transportation-related facilities. Requires State plans and permits to include requirements for municipal solid waste landfills and incinerators and for industrial wastes. Subtitle C: Other Provisions - Directs the Administrator to compile and periodically update a non-hazardous solid waste inventory to determine, by State or region: (1) an estimate of the amount of such waste to be generated annually and likely to be generated in each of the next 20 years; and (2) the capacity of existing and proposed waste management facilities. Sets forth Federal enforcement provisions. Prescribes civil and criminal penalties for violations of solid waste management requirements. Title IV: Provisions Relating Primarily to Subtitle H of the Solid Waste Disposal Act - Requires the Administrator to: (1) develop model recycling programs for States and localities; and (2) carry out a continuing program to evaluate demonstrated waste management technologies that could be used by municipalities and report periodically on such program. Prohibits the Administrator from funding the development or demonstration of such technologies. Title V: Provisions Relating Primarily to Subtitle I of the Solid Waste Disposal Act - Directs the Administrator to promulgate regulations applicable to above-ground storage tanks. Applies such requirements to all tanks except those subject to the requirements of subtitle C of the Solid Waste Disposal Act. Exempts from this Act's requirements releases of small quantities of regulated substances which will not endanger human health and the environment and particular tanks, as appropriate. Requires such regulations to include requirements for field-erected tanks. Directs owners and operators of such tanks to implement release prevention plans which provide for release prevention systems capable of: (1) catching and holding 110 percent of the full capacity of the tank and preventing releases beyond tank boundaries; and (2) restraining drainage and preventing contamination of soil and water. Requires the plan and system to be inspected by a registered engineer who is not employed by the owner or operator. Directs the engineer, if the system does not reflect good engineering practices or the tank does not comply with the regulations, to notify the Administrator or the State. Provides for amendments of release prevention plans whenever there is a major modification in the tank which affects the tank's potential to release substances. Sets forth recordkeeping and reporting requirements for field-operated tanks. Prohibits the operation of such tanks after a release unless the Administrator determines that such prohibition is not necessary. Requires the regulations to include requirements for shop-fabricated tanks. Directs the Administrator to: (1) establish an inspection program for such tanks in the factory when construction is complete and before the tanks enter interstate commerce; and (2) require such tanks to bear labels with specified manufacturing, capacity, and use information. Provides for requirements relating to the installation of such tanks. Directs the Administrator, as necessary, to promulgate financial responsibility requirements for taking corrective action and compensating third parties for bodily injury and property damage caused by accidental releases from above-ground storage tanks. Permits the establishment of financial responsibility for a spill by any means the Administrator deems appropriate. Authorizes the assertion of claims against guarantors providing evidence of financial responsibility for claims against insolvent owners or operators of tanks. Limits guarantor liability to the aggregate amount which the guarantor has provided as evidence of financial responsibility to the owner or operator. Authorizes the Administrator to establish coverage requirements which may vary among particular classes or categories of above-ground storage tanks. Permits the Administrator to make grants to States for carrying out enforcement requirements. Authorizes a State to submit for the Administrator's review and approval a program under which such State would assume primary responsibility for the enforcement of regulations pertaining to above-ground storage tanks. Requires that State regulation and enforcement procedures be at least as stringent as those used by the Administrator. Requires the Administrator to: (1) monitor State programs for compliance with this Act's requirements; and (2) provide technical assistance to assist States, local governments, and owners and operators in complying with this title. Authorizes the Administrator to issue compliance orders or commence civil actions against violators of this Act's requirements, but requires that prior notification be given to States operating their own programs. Imposes criminal and civil monetary penalties for violations of this Act's requirements. Makes tank owners and operators liable for the Administrator's corrective action costs and damages. Authorizes the Administrator to require a tank owner or operator to undertake corrective action in response to any release of a regulated substance from the tank when such action will be done properly and promptly. Permits the Administrator, upon notification of a release, to prohibit operations in a facility until such action has been taken. Authorizes the Administrator to take corrective action where the owner or operator fails to take prompt and effective action and human health and the environment are endangered. Prohibits indemnification agreements from transferring liability under this title. Prohibits States or political subdivisions from enforcing requirements for shop-fabricated tanks that are more stringent than those imposed under this title. Authorizes appropriations. Prohibits the Administrator from enforcing financial responsibility regulations with respect to an owner or operator of an underground storage tank if such owner or operator has applied for insurance. Revises provisions concerning financial responsibility for such tanks. Requires the Administrator to evaluate and report to the Congress on the effects of financial responsibility regulations on the cost and availability of insurance used to demonstrate financial responsibility. Title VI: Waste Materials Reduction - Authorizes any person to petition a Federal agency to undertake a waste reduction action if such action would bring about at least a ten percent increase in recycling of the petitioned item, reduce by at least ten percent the total volume or toxic constituents of a waste described in the petition, or would bring about a net savings in true cost to the Federal Government or be neutral in effect or cost. Requires each Federal agency to designate a waste reduction officer to oversee compliance with Federal agency waste reduction requirements, prepare agency waste reduction plans, and report annually to the Administrator on the implementation of such plans. Directs the Administrator to establish a clearinghouse within EPA to collect and disseminate information on waste reduction and recycling. Makes such information available to the public. Requires the Administrator to establish a commission to study and report to the President and the Congress on waste reduction with respect to consumer products and packaging. Provides for the submission of periodic reports by the commission on the status of waste reduction efforts by the Federal Government and industry. Terminates the commission five years after the date of its establishment. Title VII: Procurement and Marketing of Recycled Materials - Applies Federal procurement requirements concerning recycled goods to States or other entities if such entities use funds appropriated to a Federal agency to which such procurement requirements apply. Directs the Administrator for Federal Procurement Policy to report to the Congress on the effect of a certain price preference concerning the procurement of recycled paper products. Requires affirmative procurement programs to include: (1) programs for monitoring compliance by States, political subdivisions, and contractors with recovered materials procurement requirements; and (2) a requirement that paper procured for uses which have enduring value be permanent paper. Requires such agencies to report annually to the Administrator on such programs and on the amount and value of recovered materials procured. Makes such report available to the public. Directs the EPA Administrator to: (1) report biennially to the Congress on the progress made by Federal agencies in implementing recovered materials procurement programs; and (2) review and revise, if necessary, guidelines concerning such programs which were prepared before this Act's enactment. Prohibits Federal agencies from entering into procurement contracts with any persons convicted of specified offenses of the Solid Waste Disposal Act if such a contract is to be performed at the facility at which the violation occurred. Authorizes the President to make exemptions to such prohibition. Requires the President to report annually to the Congress on the implementation of such prohibition. Directs the Secretary of Commerce to conduct a biennial survey that: (1) identifies the major domestic uses for, and users of, recovered and recycled materials; (2) documents or estimates the amounts of such materials used, exported, and imported annually; and (3) identifies the markets for such materials and the products made from such materials. Requires the Secretary and the Administrator to establish an interagency working group to: (1) promote markets in recovered and recycled materials and link sources of such materials with potential markets; (2) work cooperatively with generators, collectors, transporters, users, and regulators of such materials and with manufacturers of products containing such materials; (3) link businesses dealing in such materials with potential sources of capital; (4) educate government and business officials about potential commerce in such materials; (5) coordinate efforts to promote lawful commerce in such materials; (6) encourage reuse and recycling of solid waste; and (7) identify the institutional, economic, and technical barriers to the use of such materials. Directs the Secretary to take such actions as may be necessary to stimulate the development of new domestic markets for such materials. Requires the Secretary and the U.S. Trade Representative to: (1) identify foreign markets for recovered materials and products containing a high content of recycled materials; and (2) assist exporters in selling such materials and products in foreign markets. Title VIII: Financial Assistance - Authorizes the Administrator to provide financial assistance to States with approved solid waste management plans to develop programs to encourage and facilitate recycling. Permits the Administrator to: (1) provide financial assistance to States and local authorities for solid waste management planning; (2) make bonus grants to municipalities or other agencies that demonstrate achievement of a recycling rate greater than 25 percent; (3) make loans to States for waste reduction activities and programs in rural areas to collect household hazardous waste and waste from small quantity generators. Title IX: Other Provisions - Permits Government agencies to retain any amounts received from sales of materials or energy recovered from solid waste. Requires the Administrator to promulgate regulations for the use and composition of compost made from yard waste. Revises oil labeling requirements to direct the Administrator to promulgate regulations requiring packages of lubricating oil (of less than five gallons) sold in commerce to bear a label stating that used oil should be taken to collection centers. Directs the Administrator to promulgate regulations requiring rigid and semi-rigid plastic packaging and products sold in commerce to bear a label identifying the plastic resin used in such packaging and products. Authorizes the Administrator, subject to certain conditions, to: (1) treat Indian tribes as States under the Solid Waste Disposal Act; (2) delegate to such tribes primary enforcement responsibility for programs under such Act; and (3) provide such tribes grant and contract assistance to carry out such functions. Permits States and Indian tribes, subject to the Administrator's approval, to enter into cooperative agreements to administer such Act. Requires the Administrator to report to the Congress on measures for addressing hazardous and solid wastes and underground storage tanks in Indian country. Directs the Administrator to undertake a continuing program to establish an inventory of hazardous waste sites and solid waste open dumps in Indian country. Requires the Administrator to assist Indian tribes that operate such dumps in upgrading such facilities.
United States · United States Congress · 19 November 1989
Amends the Internal Revenue Code to provide for the treatment of rental and nonrental real estate activities under the limitations on losses from passive activities.
United States · United States Congress · 17 November 1989
Economic Development Loan Assistance Program Act of 1989 - Authorizes the Secretary of Housing and Urban Development to make grants to community development corporations to reduce interest rates on urban economic development loans. Limits grant amounts to $2,000,000. Requires the Secretary to report annually to the Congress. Authorizes FY 1990 through 1992 appropriations.
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 · 16 November 1989
Education and Space Act of 1989 - Establishes the National Council on Education and Space. Directs the Council to develop and administer a Congressional Space Education Achievement Award Program for elementary and secondary school students of mathematics, science, space, and related fields. Requires the Council to report annually to specified congressional committees on programs to encourage study in such fields. Authorizes appropriations for FY 1990 and subsequent fiscal years.
United States · United States Congress · 8 November 1989
Authorizes the President, on behalf of the Congress, to present a gold medal to Laurance Spelman Rockefeller in recognition of his leadership on behalf of natural resource conservation and historic preservation. Authorizes appropriations. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal.
United States · United States Congress · 7 November 1989
Directs the Secretary of the Treasury to reduce a former President's retirement allowance by a certain amount if the Secretary determines that such individual's earned income exceeds his or her initial retirement allowance. Requires such determination to be done one month after the anniversary of an individual becoming a former President. Requires each former President to provide the information required by the Secretary to make such a determination in order to continue receiving such allowance.
United States · United States Congress · 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 · 26 October 1989
Puerto Rico Status Referendum Act - Title I - Requires an island-wide referendum to be held in Puerto Rico in which voters will be presented a choice of three status options for Puerto Rico as follows: (1) statehood; (2) independence; or (3) commonwealth. Specifies a time period during which such referendum must occur. Provides for a runoff referendum between the two status options which received the largest number of votes if there is not a majority in favor of one of the options. Requires such referendum to include "None of the Above" as an option. Requires the Governor of Puerto Rico to certify to the President and the Congress the decision of the people which receives a majority of the votes cast, if a majority is obtained. Requires the Attorney General to provide for adequate monitoring of the referendum by U.S. marshals. Authorizes any aggrieved person to institute an action to challenge the choice certified by the Governor. Gives a three-judge court exclusive jurisdiction over all such claims. Provides that an appeal from a final judgment of such court will be to the U.S. Supreme Court by way of certiorari. Requires the certified option to go into effect on October 1, 1991, in accordance with the appropriate title (II, III, or IV) of this Act. Directs the President to appoint a Referendum Information Officer to be responsible for the translation and distribution of information and educational materials on the referendum. Authorizes appropriations. Title II: Statehood - Declares Puerto Rico to be a State of the United States admitted in the Union on an equal footing with the other States. Accepts the current Constitution as the constitution of the State of Puerto Rico. Provides that any lands and other properties that are set aside pursuant to law for the use of the United States shall remain the property of the United States. Requires each Federal agency having control over such lands or property retained by the United States to report to the President and the Congress on the continued need for such land or property. Provides for the election of U.S. Senators and Representatives. States that the office of Resident Commissioner shall cease to exist upon the swearing in of the first Member of the House. Increases the permanent membership of the House of Representatives to account for the additional Representatives from Puerto Rico. Continues in force all of the local laws in force at the the time of Puerto Rico's admission into the Union. States that all of the laws of the United States shall have the same force and effect within Puerto Rico as on the date immediately prior to the date of admission, with enumerated exceptions. Directs the President to appoint a Commission on Federal Laws to survey U.S. laws and to make recommendations to the Congress as to which laws should apply to Puerto Rico. Requires the Commission to report to the Congress on such recommendations. Authorizes appropriations. Provides for the continuation of civil causes of action and criminal offenses. Preserves the right of judicial review of final decisions of the U.S. District Court for the District of Puerto Rico or the Supreme Court of Puerto Rico. Reserves authority in the United States for the exercise by the Congress of the power of exclusive legislation over lands held by the United States for defense or Coast Guard purposes. States that Puerto Rico shall always have the right to serve civil or criminal process within such lands for acts committed within the State but outside such lands. Provides that no provision of this title will operate to confer, terminate, or restore U.S. nationality. Title III: Independence - Requires the Legislative Assembly of Puerto Rico to provide for the election of delegates to a Constitutional Convention to serve until the proclamation of independence and to draft a Constitution for the Republic of Puerto Rico. Requires such Convention to draft a Constitution establishing a republican form of government which is required to guarantee the protection of fundamental human rights. Provides for the adjustment of U.S. property rights and for ratification of the Constitution. Requires the Governor to issue a proclamation calling for the election of such officers of the Republic of Puerto Rico as may be required by the Constitution. Provides for a Joint Transition Commission which shall be responsible for expediting the orderly transfer of all functions currently exercised by the United States in Puerto Rico. Requires that the costs of the Transition Commission be evenly divided between the United States and Puerto Rico. Authorizes appropriations for the U.S. share of such costs. Directs U.S. agencies to provide technical assistance to the Commission on a reimbursable basis. Directs that any action arising from title filed in U.S. Court be stayed and referred to the Joint Transition Commission for resolution. Directs the President, within one month of the certification of the elected officers and approval of specified agreements, to: (1) withdraw and surrender all rights of possession, supervision, jurisdiction, control, or sovereignty then existing and exercised by the United States over Puerto Rico; and (2) recognize on behalf of the United States the independence of Puerto Rico. Vests all property, rights, and interests which the United States may have acquired over Puerto Rico, with an exception, in the Republic of Puerto Rico. Withdraws the application of all U.S. laws applicable to Puerto Rico immediately prior to independence. Requires Puerto Rico to recognize all orders and judgements rendered by U.S. or Commonwealth courts prior to independence. Declares that upon the proclamation of independence, the judicial power of the United States shall no longer extend to Puerto Rico. Provides for pending proceedings . Deems the Government of the Republic of Puerto Rico the successor to the Government of the Commonwealth of Puerto. Directs the President to notify the governments with which the United States is in diplomatic correspondence, the United Nations, and the Organization of American State that: (1) the United States has recognized the independence of Puerto Rico; and (2) all obligations and responsibilities of the U.S. Government which arise from any valid international instruments affecting Puerto Rico shall cease. Provides that all matters pertaining to Puerto Rican citizenship shall be regulated pursuant to the Constitution and laws of the Republic. States that upon the certification of the referendum under this Act, Puerto Rico shall no longer be deemed to be a part of the United States for the purposes of acquiring U.S. citizenship by place of birth. States that no person born outside of the United States after the Proclamation of Independence shall be a U.S. citizen at birth if the parents of such person acquired U.S. citizenship solely by virtue of being born in Puerto Rico prior to the Proclamation. Authorizes certain non-U.S. citizens to enter into, lawfully engage in occupations, and establish residence as immigrants in the United States. Requires that specific arrangements for the use of military areas by the United States in Puerto Rico be negotiated by a task force established by the Joint Transition Commission. Requires such arrangements to come into effect simultaneously with the proclamation of independence. Continues all Federal programs in Puerto Rico until the end of the fiscal year in which independence is proclaimed. Requires that specific arrangements for the continuation or phaseout of Federal programs be negotiated by a Task Force on Economic Assistance established by the Joint Transition Commission. Requires such arrangements to come into effect simultaneously with the proclamation of independence. Directs the Joint Transition Commission to: (1) establish a Task Force on Social Security to protect the rights of workers who have permanently insured status under the Old Age, Survivors and Disability Insurance (OASDI) programs under title II of the Social Security Act, as of five years subsequent to the certification of the referendum; and (2) negotiate agreements necessary for the coordination of the U.S. social security system with a similar system to be established in the new Republic Requires the Joint Transition Commission to establish a Task Force on Medicare to negotiate agreements for the coordination of the U.S. Medicare system with a similar system to be established in the Republic. Directs the Commission to establish a Task Force on Currency and Finance to negotiate an agreement to: (1) assist Puerto Rico in the design and establishment of a deposit insurance system; (2) determine the extent of financial support to be provided for the system by U.S. insurance organizations in which Puerto Rico's financial institutions currently participate; and (3) make the necessary arrangements with respect to the use of U.S. currency by Puerto Rico if requested by Puerto Rico. Maintains until maturity the guarantees provided by the U.S. Government to investors in the secondary market for existing loans which originated in Puerto Rico. Requires the Republic of Puerto Rico to assume the outstanding debts, liabilities, and obligations of the Commonwealth of Puerto Rico and its municipalities and instrumentalities. Title IV: Commonwealth - Makes this title effective October 1, 1991, should Commonwealth be certified as having obtained a majority of the votes cast in the referendum. States that Puerto Rico is a self-governing body politic joined in political relationship with the United States and is under U.S. sovereignty. Makes this relationship permanent unless revoked by mutual consent. Allows the Governor of Puerto Rico to certify that the Puerto Rico legislature has adopted a resolution that states that a Federal law should no longer apply to Puerto Rico because there is no overriding national interest in having such law apply to Puerto Rico. Provides that a Federal law so certified shall no longer apply to Puerto Rico if a joint resolution approving the recommendation of the Puerto Rican Government is enacted. Sets out procedures for consideration of such joint resolution. Authorizes the Governor of Puerto Rico to enter into international agreements to promote the international interests of Puerto Rico as authorized by the President. Details procedures for agencies to follow with respect to rulemaking and in carrying out their duties. Provides for judicial review of such rulemaking decisions. Directs the officials of the Departments of State and Transportation to seek the advice of appropriate officials of Puerto Rico when negotiating any air transportation agreements which would affect air traffic to or from Puerto Rico. Adds Puerto Rico to the congressional declaration of policy respecting "Insular Areas." Requires the heads of Federal agencies to consult with the Governor of Puerto Rico as to whether there are special circumstances or qualifications which should be considered in making appointments to specified positions. Requires the President, prior to nominating any person to serve in Puerto Rico whose appointment requires the advice and consent of the Senate, to consult with the Governor as to whether such circumstances or qualifications should be considered in deciding on a nomination. Makes consultation requirements inapplicable with respect to the U.S. armed forces, Coast Guard, and law enforcement agency positions. Establishes the Office of Senate Liaison for the Commonwealth of Puerto Rico. States that the purpose of such Office shall be to facilitate the exchange of information between the Senate and the Puerto Rican Government. Authorizes appropriations for such Office. Directs the Secretary of State to establish a Passport Office for the Caribbean in San Juan, Puerto Rico. Directs the Secretary and the Attorney General to consult with Puerto Rico's Governor to determine what administrative actions can be taken to expedite the processing of visas. Requires the Secretary and Attorney General to report to the Congress on such consultations by March 15, 1990. Sets forth provisions with respect to antitrust laws and the development of voluntary guidelines designed to alleviate the negative impact of violence, sexually explicit material, and illegal drug use in telecast material and to promote local programming in Puerto Rico. Directs the President to report to the Congress on eight specified Federal properties. Requires such report to include an assessment of: (1) the Federal need for each property; (2) the costs and/or benefits of disposal of each property; and (3) the comments of the Puerto Rican Government regarding each property. States that unless the President finds that there is a national interest which requires continued Federal ownership, he should transfer such properties to Puerto Rico. Establishes the San Juan National Historic Site Advisory Commission. Requires the Commission to regularly advise the Secretary of the Interior on the operation, management, and administration of the San Juan National Historic Site. Waives the renewal provision of the Federal Advisory Committee Act with respect to the Commission. Requires the Commission to report annually to the Secretary and specified congressional committees.
United States · United States Congress · 26 October 1989
Rural Assistance and Revitalization Act of 1989 - Title I: Rural Business and Job Creation - Subtitle A: Rural Partnerships Investment Board - Establishes a Rural Partnerships Investment Board to provide lines of credit to enable eligible entities to develop rural business development revolving funds. Establishes in the Treasury a Rural Business Investment Fund. Subtitle B: Rural Capital Access Program - Directs the Secretary of Agriculture to establish a rural capital access program to encourage lending institutions to provide rural business loans. Subtitle C: Rural Economic Development Administered by the Secretary and the Rural Electrification Administration - Amends the Rural Electrification Act of 1936 to establish a position of Assistant Administrator for Economic Development in the Rural Electrification Administration (REA). Establishes within REA a technical assistance unit to advise borrowers with regard to economic and community development activities. Provides for deferred payment on economic development loans. Amends the Consolidated Farm and Rural Development Act to authorize water and waste facility loans for certain REA borrowers. Amends the Rural Electrification Act of 1936 to establish in the Treasury a Rural Business Incubator Fund to fund REA borrowers in order to create or operate rural business incubators. Title II: Administration - Renames the Department of Agriculture and the Secretary of Agriculture the Department of Agriculture and Rural Development (Department) and the Secretary of Agriculture and Rural Development, respectively. Establishes in the Department the Rural Electrification and Development Administration (Administration) to be headed by an Assistant Secretary for Electrification and Rural Development. Transfers to the Administration: (1) the REA; (2) the community facilities, water and waste disposal, and business and industry loan programs administered by the Farmers Home Administration; and (3) other development programs as the Secretary may assign to the Administration. Establishes in the Rural Development Administration (sic) an Office of Rural Policy. Title III: Information - Directs the Census Bureau to expand its data collection efforts with regard to changing rural economic conditions. Amends the Rural Development Act of 1972 to establish a rural development research grant program. Directs the Secretary to establish: (1) a National Center for Cooperative Research, Education, Training, and Development; and (2) similar regional centers. Title IV: Human Capacity - Amends the Rural Development Act of 1972 to direct the Secretary to establish an Extension Service rural economic and business development program. Amends the Farm Credit Act of 1971 to authorize Farm Credit System (System) institutions to provide technical assistance to rural communities. Amends the Consolidated Farm and Rural Development Act to increase the authorization of appropriations for technical assistance. Title V: Rural Infrastructure - Amends the Consolidated Farm and Rural Development Act to: (1) establish local income-based loan rates for health care and related facilities; (2) increase the ceiling for water and waste facility grants; and (3) establish an emergency community water assistance grant program. Title VI: Provisions Relating to Institutions of the Farm Credit System - Amends the Farm Credit Act of 1971 to authorize System institutions to participate in specified agricultural real estate and operating loan guarantee programs. Increases the scope of System institution credit. Title VII: Regulations - Requires final implementing regulations to be issued within six months of enactment of this Act.
United States · United States Congress · 25 October 1989
Nuclear Facilities Occupational Safety Improvement Act of 1989 - Amends the Occupational Safety and Health Act of 1970 (OSHA) to apply it to certain Department of Energy (DOE) nuclear facilities (including specified defense, production, utilization, and waste storage or disposal facilities). Directs the Secretary of Labor to promulgate specific regulations and standards to govern the application of OSHA to such facilities. Requires the Secretary of Energy and each contractor operating such a facility to: (1) cooperate with the Secretary of Labor and the Secretary of Health and Human Services in the conduct of an inspection or investigation under OSHA at such facility; (2) grant access to it to enable the conduct of such inspection or investigation; and (3) provide all information necessary for such inspection or investigation. Authorizes the Secretary of Energy, to protect the confidentiality of information, to deny access to any person who has not been granted a security clearance or access authorization. Provides for transfer and allocation of appropriations and personnel. Directs the Secretary of Labor, by specified deadlines, to promulgate interim regulations and propose and promulgate final regulations to provide for specified types of health and safety training of employees at such DOE nuclear facilities. Requires the National Institute for Occupational Safety and Health (NIOSH) and its Director to: (1) perform functions authorized by OSHA at such facilities; and (2) conduct health hazard evaluations, including ionizing radiation evaluations, at such facilities. Requires medical examinations of employees at such DOE nuclear facilities. Requires all such employees to be given baseline medical examinations in accordance with guidelines developed by the Health Advisory Committee, and subsequent examinations, as recommended by the Committee, for their lifetime. Requires, where appropriate, such examinations for family members determined to be at high risk of disease because of an employee's exposure at the workplace. Requires that all former employees at such facilities and their families be offered participation in a medical surveillance program designed to focus on work-related exposure to toxic substances and radiation, including treatment for occupationally related illness. Requires all contractors with such facilities to maintain a full-time occupational health physician and supporting medical staff, in accordance with Committee guidelines. Establishes a Health Advisory Committee to: (1) review existing medical studies relating to the administration of such medical examination program; and (2) issue the aforementioned guidelines and standards for such program. Requires that all information from such medical examinations be available to individual employees and their representatives and that aggregate information from such examinations be available to the public. Requires that program costs be borne by DOE. Directs the Secretary of Labor, in coordination with the Secretary of Energy, to promulgate necessary regulations. Requires each such DOE nuclear facility to establish a labor-management health and safety committee in accordance with specified guidelines.
United States · United States Congress · 25 October 1989
Amends the Internal Revenue Code to reduce the occupational tax for retail dealers in liquor, wine, or beer if: (1) annual gross receipts from the sale of alcohol products equal less than $750,000; and (2) at least 33 percent of the alcohol products sold are consumed on the premises of such retail dealer.
![Official portrait of Rep. Murphy, Austin J. [D-PA-20]](https://www.congress.gov/img/member/m001088_200.jpg)