United States · United States Congress · 7 March 1990
Nonindigenous Aquatic Nuisance Act of 1990 - Title I: United States Coast Guard Regulations - Directs the Secretary of the department in which the Coast Guard is operating, through the Commandant of the Coast Guard, to promulgate regulations to prevent and control the transportation into U.S. waters of viable biological materials in ship ballast waters. Mandates the use of a high sea ballast water exchange or alternative methods developed and recommended by the Secretary. Directs the Secretary to promulgate regulations to prevent the unintentional transfer or introduction of nonindigenous species by ships operating exclusively within U.S. territorial waters or contiguous coastal waters of North America. Exempts such ships from the high seas exchange requirement of this Act. Exempts from the high seas exchange requirement a ship that is subject to requirements regarding the treatment of ballast water for the removal of chemical contaminants. Authorizes the Secretary to assess civil monetary penalties for violation of the regulations. Makes civil penalties available, as provided by appropriation Acts, to endow research on the control of nonindigenous species. Title II: Zebra Mussel and Aquatic Nuisance Species Research, Control, and Educational Program - Directs the Secretary of the Interior, through the Director of the United States Fish and Wildlife Service, and the Secretary of Commerce, through the Administrator of the National Oceanic and Atmospheric Administration (National Cooperative Action Group - NCAG), to jointly coordinate national research, control, and educational efforts associated with the infestation of the zebra mussel and other aquatic nuisance species in U.S. waters. Authorizes the NCAG to establish and coordinate regional commissions as necessary and to facilitate information transfer among the commissions. Authorizes Federal agency heads, on request of the chairman of any commission, to detail personnel to the commission. Requires the NCAG to provide advice to the Secretary of State concerning aquatic nuisance species that infest water resources shared with other countries. Requires the NCAG to establish a regional commission for the Great Lakes region and to request that the Great Lakes Fishery Commission: (1) designate a representative to serve on it; (2) advise, coordinate, and provide secretarial services on matters related to Great Lakes fisheries, related environmental concerns, and interactions with the Government of Canada; and (3) provide technical services for any technical committee established by the NCAG. Requires that the NCAG request that the Great Lakes Commission (established under the Great Lakes Basin Compact): (1) designate a representative to serve on the regional commission; (2) advise, coordinate, and provide secretarial services on matters related to the economic impacts of the zebra mussel on the geographic area of the Great Lakes; and (3) provide technical services for any technical committee established by the NCAG. Requires that research activities under this Act be carried out only in drainage basins infested with an aquatic nuisance species, with research funds allocated, to the extent possible, to existing facilities within infested areas. Sets forth research priorities. Directs the Secretary of State to initiate negotiations with foreign governments concerning prevention, research, education, and control programs for shared water resources. Requires compliance with specified treaties relating to the Great Lakes. Directs the Secretary of the Interior to declare the zebra mussel an injurious species. Requires the appropriate lead agency to allocate funds authorized under this Act for competitive university research grants to be administered through the Sea Grant College program to study aquatic nuisance species. Authorizes the program to conduct education and assistance services related to the prevention and control of such species. Authorizes appropriations.
United States · United States Congress · 6 March 1990
Medicaid State Share Protection Amendments of 1990 - Amends title XIX (Medicaid) of the Social Security Act to allow State Medicaid matching payments to include private funds donated by hospitals to the State and State taxes imposed with respect to the provision of Medicaid items and services.
United States · United States Congress · 1 March 1990
Comprehensive Health Care for All Americans Act (Claude Pepper Comprehensive Health Care Act) - Division A: Health Security Partnership Act - Health Security Partnership Act - Title I: Universal Eligibility and Enrollment - Makes a U.S. resident who is a lawful resident alien or a U.S. citizen or national eligible to enroll in a health plan approved by the Health Security Partnership (HSP) program of the State in which he or she resides. Makes the enrollment of Medicare (title XVIII of the Social Security Act) beneficiaries applicable only to benefits not covered by the Medicare program. Title II: Benefits and Providers - Lists the basic health services which health plans must provide, to which Federal funding will be limited, and which may not include items or services for which Medicare coverage is unavailable. Permits States or health plans to offer additional health care benefits. Prohibits private health insurance from duplicating basic health service coverage. Restricts limitations on the amount, duration, or scope of basic health services to be provided to enrollees. Makes Medicare provider standards applicable to providers of basic health services. Authorizes the National HSP Board to impose additional conditions on providers of high-risk, high-cost, elective, or over-utilized items or services. Title III: Financing - Sets forth the procedure for determining NSP program budgets and the formula for determining the Federal share of expenditures. Establishes a Health Security Partnership Fund for each State into which revenues to finance the NSP program shall be placed. Requires each State HSP program to make monthly payments to health plans equal to their adjusted average per capita costs for required services provided to each class of enrollee they serve. Requires providers to accept payment from health plans on an assigned basis. Directs the National HSP Board to develop financial incentives in payment methods to promote a continuum of care. Pays institutional providers pursuant to a biennial prospective budgeting system to be developed by each State. Pays physicians pursuant to payment schedules based on a national relative value scale to be developed by the National HSP Board, though alternative payment mechanisms may be used if they are no more costly than the payment schedules. Makes HSP payment methodologies established in a State applicable to Medicare payments for services furnished in such State. Provides States with Federal funds for implementing their HSP programs. Limits the cost-sharing amounts health plans may charge enrollees. Bans the imposition of any cost-sharing requirements on individuals whose family income is less than 200 percent of the Federal poverty level. Establishes the Federal Long-Term Care Trust Fund from which Federal payments to States for long-term care benefits in the State shall be made. Tilte IV: Administration - Establishes a National HSP Board as an independent agency responsible for the overall administration of the Health Security Partnership Act. Directs each State to submit its HSP program to the National HSP Board for review of the program's compliance with specified requirements. Imposes sanctions against States whose program fails to meet such requirements and who fail to take corrective action within 90 days of a finding of noncompliance. Requires the National HSP Board to establish a National Commission on Quality to establish, evaluate, and update national minimum standards to assure the quality of HSP services and to monitor State HSP Boards' quality assurance efforts. Requires each State HSP Board to establish a State Commission on Quality to implement national minimum standards in each State. Directs the National HSP Board to establish a National Advisory Commission on Technology Assessment and Clinical Effectiveness of health care items and procedures, and the possible coverage of new drugs and technological procedures and discontinuance from coverage of inefficient procedures. Establishes a National Resources Equalization Fund to be administered by the National HSP Board and to be used to augment the capability of medically under-developed areas to provide HSP services and to strengthen their abilities to provide local services. Authorizes appropriations for such Fund. Title V: Effective Dates; Transition; Relation to Other Programs - Makes the HSP program applicable to health care services furnished during the third calendar year beginning after this Act's enactment. Authorizes appropriations for the planning and development of State HSP programs. Requires Federal Employee Health Benefit Plans to be HSP-approved. Establishes the HSP program's relationship to other health care programs, making the Medicare program the primary payor in the event of duplicative HSP program coverage and the Medicaid program (title XIX of the Social Security Act) inapplicable in States having an operative State HSP program. Division B: Life Care Long-Term Protection Act - Lifecare Long-Term Care Protection Act - Adds a new title to the Public Health Service Act: Lifecare Long-Term Care Protection Program. Requires Long-Term Care Screening Agencies to assess individuals' eligibility for home and community-based care and Long-Term Care Case Management Agencies to conduct comprehensive needs assessments of eligible individuals, develop plans of care for such individuals, review such plans at least once every three months, and maintain a registry of qualified providers of home and community-based and nursing home care to assist individuals in choosing qualified providers to carry out their care plan. Sets the method for determining State fund contributions. Sets forth eligibility requirements for home and community-based care services, including requirements that the individual be: (1) 65 or older, under age 19, or eligible for benefits under part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act as the result of a disability; and (2) dependent, cognitively impaired, or unable to perform daily living activities without assistance or supervision. Enumerates the criteria for receipt of respite care benefits. Lists those entities considered to be qualified service providers, including adult day health care centers certified by the State. Directs the Secretary of Health and Human Services to make monthly payments to each case management agency equal to amounts allotted by the screening agency for eligible individuals in the case management agency's jurisdiction. Requires such agencies to make direct payments to qualified providers of home and community-based care which shall be accepted as payment in full for such services. Limits payments for home health and community-based care for the next three years to 65 percent of the average amount payable for Medicare nursing home care and, for subsequent years, to the costs of nursing home care minus the costs of room and board. Allots payments among individuals on the basis of severity of need, with chronically-ill individuals receiving amounts equivalent to Medicaid (title XIX of the Social Security Act) payments for institutional care. Requires a copayment by beneficiaries. Establishes the Home and Community-Based Care Advisory Council to review and assist the Secretary in the implementation of home and community-based care. Requires States to establish quality assurance boards to monitor quality of care and a community advisory board for each case management agency. Establishes a home and community-based care consumers' bill of rights. Imposes quality assurance requirements on providers of such care, including the requirement that they implement consumer grievance review mechanisms, ensure that their employees and other providers whom they have under contract have received adequate training, and annually evaluate the care furnished by such employees and providers. Establishes certification procedures for a survey of home care agencies, home health agencies, and adult day care health centers to determine eligibility for participation in the program under this Act. Outlines reimbursement procedures. Provides, subject to certain limitations, for nursing facility services for up to six months for individuals who are eligible for home and community-based care services. Allows additional nursing home coverage if: (1) the individual has not been an inpatient for at least six consecutive months; (2) the diagnosis is different; or (3) there has been a substantial worsening of the individual's condition since the latest discharge. Directs the Secretary to establish an optional insurance program for individuals 45 and over to cover nursing home stays that exceed six months. Prescribes procedures for setting premium rates and requires annual rate revisions by the Secretary. States that the rates are expected to cover 45 percent of the estimated nursing home costs of stays exceeding six months. Covers a portion of a low-income individuals' premium and room and board costs. Requires the Secretary to give individuals the option of purchasing coverage of nursing home stays exceeding six months without regard to age. Requires the Secretary, to the extent feasible, to establish a prospective payment mechanism for payment of nursing home services that takes into account the expected resource utilization of the patient based on the degree of disability and other factors. Requires the making of grants to schools of nursing, social work, allied health, and public health of universities to develop training programs for the provision of home and community-based care and nursing home care for the elderly, the disabled, and chronically ill children and in the administration of such programs. Authorizes appropriations through FY 1993. Requires that grants be made to State approved programs to train individuals in the provision of home health aide services. Authorizes appropriations through FY 1993. Requires the making of grants to university schools of nursing to develop model consumer training programs regarding the delivery of home care services. Authorizes appropriations through FY 1993. Requires that grants or contracts be made to assist public and private nonprofit entities in meeting the costs of developing centers for multidisciplinary health planning development and assistance. Authorizes appropriations through FY 1994. Directs the Secretary to conduct demonstration projects to determine: (1) the relative effectiveness, cost, and impact on quality of long-term home care of using different models of providing and reimbursing long-term home care services for seriously mentally ill individuals and family caregivers; and (2) the feasibility of providing long-term home care benefits for working-age individuals with severe functional limitations. Division C: Grants to States for Establishment and Implementation of State Health Objectives Plans - Health Objectives 2000 Act - Amends the Public Health Service Act to authorize appropriations for allotments to States for developing and implementing a plan to develop and collect data on the public health needs and status of State residents. Requires the plan to provide, for FY 1993 and thereafter, for use of the allotments for additional purposes described in specified provisions relating to preventive health and health services block grants. Requires the State plan to contain, among other elements, a set of at least five State health objectives chosen from the National Health Priorities described by the Secretary of Health and Human Services under this Act. Directs the Secretary to establish: (1) the National Health Objectives Advisory Committee; (2) National Health Priorities (NHPs) to form the basis for all activities that receive assistance under this Act; (3) from the NHPs, a set of Core Priorities that shall be included in each State Plan; and (4) an estimate of the personnel and training needed to accomplish the NHPs. Directs the Secretary, from the amounts made available for allotments, to use: (1) a limited amount for the professional training of public health personnel; and (2) remaining amounts to assist research, pilot and demonstration projects and programs the Secretary determines to show the potential impact of regional or national significance with respect to NHPs. Repeals specified provisions relating to preventive health and health services block grants. Division D: Independence for Older Americans - Independence for Older Americans Act - Title I: Task Force on Independence for Older Americans - Establishes a Task Force on Independence for Older Americans in the Department of Health and Human Services to: (1) coordinate Federal research on conditions and diseases leading to dependence among the elderly; (2) establish mechanisms for the use of research results in improving the quality of life for older Americans; and (3) review and evaluate public and private spending on such research. Authorizes appropriations for such Task Force. Title II: Geriatric Research and Training Centers - Amends the Public Health Service Act to require the Director of the National Institute on Aging to enter into cooperative agreements with, and make grants to, public and private nonprofit entities for the development of comprehensive centers of excellence for geriatric research and training of researchers and for the demonstration and dissemination of the applications of such research. Authorizes appropriations for such centers. Title III: Availability of Information to Health Professionals, Older Americans, and the General Public - Directs the Secretary of Health and Human Services to prepare a comprehensive plan for a National Independence for Older Americans Information Program. Provides for the establishment of an information clearinghouse, a toll-free telephone communications system, and public information campaigns concerning the maintenance and improvement of the health and independence of older Americans. Authorizes appropriations to carry out this title. Title IV: Prevention of and Recovery from Chronic Illness - Requires the National Institute on Aging to support research, and report to the Congress, on the most effective: (1) techniques of geriatric assessment; (2) method of targeting comprehensive geriatric assessment to appropriate populations of older persons to determine their health care needs; and (3) means of providing for such needs to maximize health and independence. Directs the Secretary to develop: (1) model techniques to aid in the prevention and rehabilitation of older persons from frailty and other mobility problems; and (2) model curricula for the health professions for training in the use of such techniques. Authorizes the National Institute on Aging to establish up to five demonstration programs at Comprehensive Independence Research Training and Demonstration Centers to prevent the loss of mobility and to help frail older persons regain independence, using existing and experimental techniques. Directs the Secretary to conduct research on the extent to which falls are associated with the loss of an individual's confidence in functioning independently and his or her need for long-term care. Requires the Secretary to develop and report to the Congress on the development of: (1) model techniques to aid in the recovery and rehabilitation of older persons from chronic and debilitating illness; and (2) model curricula for the health professions for training in the use of such techniques. Authorizes appropriations to carry out this title. Title V: Research on Health, Retirement, and Independence - Directs the Secretary to: (1) commence a ten-year health and retirement history survey and; (2) establish an advisory panel on data collection to review existing government surveys and census data to coordinate information on the health and retirement status of older Americans. Requires the National Center for Health Statistics to: (1) include persons age 75 and over in the National Health and Nutrition Examination Survey; (2) develop questions related to health promotion and disease prevention for older persons for inclusion in the National Health Interview Survey and the National Health and Nutrition Examination Survey; and (3) develop questions related to the health promotion and disease prevention practices of health care providers with special relevance to older persons for inclusion in the National Ambulatory Medical Care Survey. Directs the National Institute on Aging to request proposals from individual and team investigators on behavioral, social, and environmental mechanisms for promoting the health and independence of older Americans. Authorizes appropriations for carrying out this title. Title VI: Authorization of Appropriations for NIH - Authorizes FY 1991 appropriations to be added to the National Institute on Aging and other institutes in proportion to their current spending levels on aging research. Division E: Authorization of Additional Funds for Research for AIDS, Hypertension, Sickle Cell Anemia, Infant Mortality, and Breast Cancer - Authorizes additional appropriations for research for acquired immune deficiency syndrome (AIDS), hypertension, sickle cell anemia, infant mortality, and breast cancer.
United States · United States Congress · 22 February 1990
Lifecare Long-Term Care Protection Act - Adds a new title to the Social Security Act: Lifecare Long-Term Care Protection Program. Requires Long-Term Care Screening Agencies to assess individuals' eligibility for home and community-based care and Long-Term Care Case Management Agencies to conduct comprehensive needs assessments of eligible individuals, develop plans of care for such individuals, review such plans at least once every three months, and maintain a registry of qualified providers of home and community-based and nursing home care to assist individuals in choosing qualified providers to carry out the care plan. Sets the method for determining State fund contributions. Sets forth eligibility requirements for home and community-based care services, including requirements that the individual be: (1) 65 or older, under age 19, or eligible for benefits under part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act as the result of a disability; and (2) dependent, cognitively impaired, or unable to perform daily living activities without assistance or supervision. Enumerates the criteria for receipt of respite care benefits. Lists those entities considered to be qualified service providers, including adult day health care centers certified by the State. Directs the Secretary of Health and Human Services to make monthly payments to each case management agency equal to amounts allotted by the screening agency for eligible individuals in the case management agency's jurisdiction. Requires such agencies to make direct payments to qualified providers of home and community-based care which shall be accepted as payment in full for such services. Limits payments for home health and community-based care for the next three years to 65 percent of the average amount payable for Medicare nursing home care and, for subsequent years, to the costs of nursing home care minus the costs of room and board. Allots payments among individuals on the basis of severity of need, with chronically-ill individuals receiving amounts equivalent to Medicaid (title XIX of the Social Security Act) payments for institutional care. Requires a copayment by beneficiaries. Establishes the Home and Community-Based Care Advisory Council to review and assist the Secretary in the implementation of home and community-based care. Requires States to establish quality assurance boards to monitor quality of care and a community advisory board for each case management agency. Establishes a home and community-based care consumers' bill of rights. Imposes quality assurance requirements on providers of such care, including the requirement that they implement consumer grievance review mechanisms, ensure that their employees and other providers whom they have under contract have received adequate training, and annually evaluate the care furnished by such employees and providers. Establishes certification procedures for a survey of home care agencies, home health agencies, and adult day care health centers to determine eligibility for participation in the program under this Act. Outlines reimbursement procedures. Provides, subject to certain limitations, for nursing facility services for up to six months for individuals who are eligible for home and community-based care services. Allows additional nursing home coverage if: (1) the individual has not been an inpatient for at least six consecutive months; (2) the diagnosis is different; or (3) there has been a substantial worsening of the individual's condition since the latest discharge. Directs the Secretary to establish an optional insurance program for individuals 45 and over to cover nursing home stays that exceed six months. Prescribes procedures for setting premium rates and requires annual rate revisions by the Secretary. States that the rates are expected to cover 45 percent of the estimated nursing home costs of stays exceeding six months. Covers a portion of a low-income individual's premium and room and boards costs. Requires the Secretary to give individuals the option of purchasing coverage of nursing home stays exceeding six months without regard to age. Requires the Secretary, to the extent feasible, to establish a prospective payment mechanism for payment of nursing home services that takes into account the expected resource utilization of the patient based on the degree of disability and other factors. Requires the making of grants to schools of nursing, social work, allied health, and public health of universities to develop training programs for the provision of home and community-based care and nursing home care for the elderly, the disabled, and chronically ill children and in the administration of such programs. Authorizes appropriations through FY 1993. Requires that grants be made to State approved programs to train individuals in the provision of home health aide services. Authorizes appropriations through FY 1993. Requires the making of grants to university schools of nursing to develop model consumer training programs regarding the delivery of home care services. Authorizes appropriations through FY 1993. Requires that grants or contracts be made to assist public and private nonprofit entities in meeting the costs of developing centers for multidisciplinary health planning development and assistance. Authorizes appropriations through FY 1994. Directs the Secretary to conduct demonstration projects to determine: (1) the relative effectiveness of using different models of long-term home care services for seriously mentally ill individuals and family caregivers; and (2) the feasibility of providing long-term home care benefits for working-age individuals with severe functional limitations.
United States · United States Congress · 22 February 1990
Calls for the retention of sanctions against South Africa under the Comprehensive Anti-Apartheid Act until all conditions for the termination of sanctions are fulfilled and a democratic political process is established.
United States · United States Congress · 21 February 1990
Depositor Protection and Fraud Act of 1990 - Amends the Federal Deposit Insurance Act to prohibit an insured depository institution from marketing any stocks or bonds in its affiliates in any office space which is commonly accessible to the general public for the purpose of accepting deposits. Grants a Federal banking agency regulatory authority either to prohibit such sales or to impose conditions upon them if the agency determines that any stock or bond of the institution is likely to be confused by the general public with an insured deposit.
United States · United States Congress · 20 February 1990
Amends Federal law to extend from six months to nine months the period in which the retirement pay of certain Federal retirees will not be reduced by their temporary employment with the Bureau of the Census to assist with the 1990 decennial census. Excludes from the excess earnings test under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act an individual's wages for up to nine months of temporary employment with the Bureau of the Census relating to the 1990 census. Requires the Bureau of the Census to report to certain congressional committees regarding recruitment of such retirees and Social Security recipients.
United States · United States Congress · 7 February 1990
Federal Employees Pay Comparability Act of 1990 - Creates the Federal Salary Council to define local pay areas and occupational group categories that include professional, administrative, technical, clerical, law enforcement, firefighter, and health care positions. Directs the Bureau of Labor Statistics (BLS) to: (1) survey the Federal employees in such occupational categories in each local pay area at least once every three years to compare Federal rates of pay to non-Federal rates of pay for the same work; and (2) prepare appropriate alternative pay schedules. Directs the President, based on the resulting BLS report, to establish alternative pay schedules or adjust existing pay schedules where necessary to ensure the competitiveness of the Government in recruiting or retaining well-qualified employees. Requires higher rates under such schedules to be implemented through equal percentage increments over three years. Prohibits an alternative pay schedule from applying with respect to any employee who is employed outside the continental United States or elsewhere where an allowance based on living costs or environmental conditions may be paid. Prohibits employees becoming subject to an alternative pay schedule from being paid less than they would otherwise be paid under a statutory pay system schedule. Prohibits any reduction of a rate of pay under an alternative pay schedule as a result of any adjustment under this Act. Provides that if pay surveys determine that no adjustment in pay rates under an alternative pay schedule is required, such rates shall be adjusted at the same time that any pay adjustment occurs and by the overall average percentage of any adjustment in General Schedule pay rates. Provides annual pay adjustments for employees under each statutory pay system equal to the annual increase in the Employment Cost Index (a quarterly measure of the cost of labor in the private sector). Declares that increases in rates of pay under this Act are not equivalent increases in pay under provisions regarding periodic step-increases. Grants the President authority to provide for special pay rates if the Government's efforts to recruit or retain well-qualified individuals are significantly handicapped by: (1) the remoteness of the area or location involved; (2) undesirable working conditions including exposure to toxic substances; or (3) any other circumstances which the President considers appropriate. Prohibits a minimum special pay rate from exceeding the maximum statutory pay rate for the applicable grade or level. Authorizes the Director of the Office of Management and Budget to grant authority to executive department and agency heads to fix the basic pay rate of up to 400 Government-wide positions which such heads determine to be critical positions at an annual rate that does not exceed the rate for level I of the Executive Schedule. Directs agency heads, in determining whether a position is critical, to consider to the extent to which: (1) the position requires scientific, technical, professional, or administrative qualifications; and (2) additional compensation is necessary to recruit or retain exceptionally qualified individuals. Allows such authority to be reexercised when such a position becomes vacant and is refilled if: (1) an agency head determines that the position remains a critical position; and (2) the Director reconfirms his or her original allocation of critical-position pay authority among executive departments and agencies. Eliminates the GS-11 grade requirement for paying new employees above the minimum rate of the appropriate grade. Creates a new pay system for administrative law judges and contract appeals board members consisting of at least three pay rates to be established and thereafter adjusted by the President. Sets the maximum rate at level IV of the Executive Schedule and the minimum rate at a grade GS-16, Step 1. Requires the Office of Personnel Management to determine which of such rates shall be paid to individual administrative law judges or contract appeals board members according to criteria prescribed by the Office.
United States · United States Congress · 7 February 1990
Economic Stabilization, Adjustment, and Defense Industry Conversion Act of 1990 - Title I: The President's Economic Stabilization and Adjustment Council - Establishes the President's Economic Stabilization and Adjustment Council, headed by a Chairperson, to design and establish an economic adjustment program to assist local communities in the alleviation of adverse economic and social effects of defense realignments, including military installation or defense facility closures or realignments and the cancellation or curtailment of major defense contracts (contracts in excess of $10,000,000). Requires the Council: (1) upon receiving notification of the annual budget proposals of the Secretary of Defense, to commence a preliminary study of the potential adverse economic effects of such proposals on any region, locality, or community; (2) to study and prepare a policy to facilitate the conversion of defense facilities, military installations, and other portions of the defense industry which are no longer needed for defense purposes into productive uses in the civilian economy; (3) to take appropriate action to encourage the private sector and State and local governments to develop plans for the conversion of former defense industry facilities into private enterprises and public projects; (4) to establish within the executive office an Office of Economic Stabilization and Adjustment to provide staff support for the Council; and (5) to prepare and submit to the Congress an economic stabilization and adjustment report on an annual basis. Title II: Community Economic Adjustment Planning - Requires the Secretary of Defense, upon release of the President's budget or any announcement of the realignment or closure of any military installation or defense facility, to notify any State or local government which may be affected by such realignment or closure or by the termination or curtailment of a major defense contract. Allows any community which is likely to be substantially and seriously affected to be eligible for economic adjustment planning assistance under this Act. Requires such communities to prepare certain analyses and forecasts in order to receive such assistance. Requires the Council to review such analyses and forecasts to determine which communities are eligible for such assistance. Title III: Economic Planning and Adjustment Assistance - Makes all communities determined eligible for economic adjustment planning assistance eligible for community planning assistance under Federal armed forces provisions and for economic adjustment assistance under the Public Works and Economic Development Act of 1965. Increases the amount of such Federal armed forces community planning assistance. Title IV: Economic Adjustment Assistance for Employees - Subtitle A: Qualification of Group Eligibility - Outlines procedures under which workers may petition the Secretary of Labor for economic adjustment assistance under this Act. Provides for public hearings, a determination by the Secretary that such group meets such requirements, and issuance by the Secretary of a certificate of eligibility. Outlines administrative limitations and procedures in connection with such certification. Requires the Secretary to provide notice and information to affected workers about the benefit allowances, training, and other employment services available and about application procedures in connection with such assistance. Subtitle B: Program Benefits - Chapter 1: Economic Readjustment Allowances - Authorizes the payment of economic readjustment allowances to adversely affected workers who are covered by such a certification, who file appropriate applications, and who meet specified conditions concerning length and amount of former employment in the defense-related industry before the layoff or termination took place. Requires such workers to be enrolled in or have completed a worker retraining program approved by the Secretary of Labor, unless the Secretary or the State or a State agency determines that such a program is not feasible or appropriate. Sets forth amounts of the economic readjustment allowance payable, reduced by any payments received during approved retraining. Requires such payments to be coordinated with benefits provided under other Federal training programs. Limits the dollar and time-period amounts of such assistance. Chapter 2: Training, Other Employment Services, and Allowances - Directs the Secretary of Labor to make every reasonable effort to secure for adversely affected workers covered by a certification under subtitle A counseling, testing, and placement services and supportive and other services provided under any other Federal law. Authorizes the Secretary to approve worker training under specified conditions and give priority to on-the-job training. Limits the maximum amount of payments for such training. Requires such benefits to be coordinated with other Federal training programs. Outlines other training program conditions, requirements, and limitations. Allows any adversely affected worker covered by an appropriate certification to file with the Secretary an application for a job search allowance. Allows such workers to apply for a relocation allowance to cover required relocation expenses, under certain conditions. Subtitle C: General Provisions - Outlines general and administrative provisions concerning: (1) agreements between the Secretary and a State for the provision of economic adjustment assistance under this Act; (2) the determination and provision of economic adjustment assistance by the Secretary in the absence of any State agreement; (3) payments to States under an agreement concerning sums necessary to make economic adjustment assistance payments to affected workers; (4) liabilities of certifying and disbursing officers; (5) fraud and the recovery of overpayments in the provision of such assistance; and (6) penalties in connection with the disclosure of false information in order to receive such assistance. Gives the Secretary subpoena power in order to make eligibility determinations under this Act. Title V: Expansion of Development and Venture Capital Programs - Allows any industry identified by the Council as an industry adversely affected by reductions in the Federal budget for defense production to be eligible for technical assistance under the Trade Act of 1974. Expresses congressional recognition of the success over the past three decades of the small business investment company program established under the Small Business Investment Act of 1958. Directs the President, before the end of FY 1990, to prepare and submit to the Congress a plan for doubling the amount of Federal assistance provided under the small investment company program of such Act. Expresses congressional recognition of the success of the Small Business Innovation Research Program in rewarding inventors. Directs the President, before the end of FY 1990, to develop and submit to the Congress a program for assisting inventors in developing their inventions, including doubling the percentage of the total budgets for research and development of Federal agencies that is devoted to the Small Business Innovation Research Program. Expresses congressional recognition of the success of the certified development company program established under the Small Business Investment Act of 1958. Directs the President, before the end of FY 1990, to transmit to the Congress a program for expanding the amount of assistance provided to the certified development company program under such Act by 50 percent over a five-year period. Amends the Small Business Investment Act to prohibit certain restrictive capital-to-jobs ratios from being imposed upon any certified development company under such Act.
United States · United States Congress · 7 February 1990
Civil Rights Act of 1990 - Amends the Civil Rights Act of 1964 to provide that: (1) once a complainant has demonstrated that an employment practice results in a disparate impact on the basis of race, color, religion, sex, or national origin, the respondent has the burden of proving that the practice is justified by business necessity; (2) a complainant need not demonstrate which of a group of practices results in the demonstrated disparate impact; and (3) a respondent need not show business necessity for a specific practice within a group of practices if the respondent shows that that practice does not contribute to the disparate impact. Declares that an unlawful employment practice is established on a demonstration that race, color, religion, sex, or national origin was a motivating factor for any employment practice, even though such practice was also motivated by other factors, but bars certain types of relief if the respondent establishes that it would have taken the same action in the absence of any discrimination. Prohibits a challenge to an employment practice that implements a litigated or consent judgment or order resolving a claim of employment discrimination: (1) by a person who had certain types of notice and opportunity; (2) by a person whose interests were adequately represented by another person who challenged the judgment or order; or (3) if reasonable efforts were made to provide notice to interested persons. Increases to two years the time limit within which a charge of an unlawful employment practice must be filed. Removes provisions setting a separate time limit for charges initially filed with a State or local agency. Declares that a seniority system or practice which is part of a collective bargaining agreement is an unlawful employment practice if it was included in the agreement with the intent to discriminate. Allows, except for disparate impact cases, for compensatory damages (but not back pay) and, where there is malice or reckless or callous indifference, for punitive damages. Allows any party, where compensatory or punitive damages are sought, to demand a jury trial. Includes expert fees and other litigation expenses in any attorney's fees awarded. Prohibits a consent order or judgment settling a claim unless the parties and their counsel attest that a waiver of attorneys' fees was not compelled as a condition of the settlement. Allows to the prevailing party in the original action an award of attorney's fees and costs in defending a challenged judgment or order. Increases to 90 days after final action by a Federal agency the time limit for a Federal employee to bring a civil action. Allows to Federal employees the same interest to compensate for delay in payment as in cases involving non-public parties. Requires Federal civil rights laws to be broadly construed to effect their purpose to eliminate discrimination and provide effective remedies. Prohibits, except as expressly provided, any Federal civil rights law from being construed to restrict or limit the rights, procedures, or remedies available under any other Federal civil rights law. Declares that, for purposes of provisions relating to equal rights under the law, the right to make and enforce contracts includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship.
United States · United States Congress · 7 February 1990
B-2 Production Termination Act - Prohibits funds appropriated to the Department of Defense (DOD) after FY 1990 from being used to commence production of B-2 aircraft. Limits the use of funds already appropriated to DOD for the B-2 to: (1) the completion of the production of such aircraft which began with funds appropriated for a fiscal year before FY 1991; and (2) research, development, test, and evaluation, including flight testing. Directs the Secretary of Defense to preserve production facilities and tooling for production of such aircraft in order to maintain an option to produce such aircraft in the future.
United States · United States Congress · 7 February 1990
Comprehensive Services Program for Homeless Veterans Act of 1990 - Directs the Secretary of Veterans Affairs to establish a comprehensive services program to address fully the needs of homeless veterans through housing, medical care, vocational rehabilitation, transportation, and social services provided through this Act and other programs administered by the Department of Veterans Affairs. Requires each director of a medical center of the Department to carry out jointly with the veterans' benefits director of the region concerned an assessment concerning the number of homeless veterans in the area and current services provided. Requires joint preparation, for each of FY 1991 through 1994, of a plan for meeting the needs of homeless veterans in the area, to be submitted to the Secretary. Provides funding from the Secretary to the directors for such assessment and plans. Authorizes appropriations for FY 1991 through 1994. Directs the Secretary to provide for the establishment of outreach service centers in areas where there are significant numbers of homeless veterans. Outlines staffing and services of such centers. Directs the Secretary to provide mobile support teams to assist in the provision of benefits through medically-equipped vans in areas high in homeless veterans and in rural areas lacking adequate access to Department medical facilities. Expands the current veterans' benefits available to homeless veterans to include dental, optometric, and podiatric services. Requires the director of each medical center of the Department to use funds provided by the Secretary for homeless veterans assistance to make monthly assistance available for housing for homeless veterans and their families, under specified conditions. Prohibits such assistance for longer than one year for each homeless veteran. Requires a homeless veteran receiving such assistance to be employed at least 18 hours a week or to be involved in a compensated work therapy program administered by the Department. Requires each director to establish a program for the provision of housing owned or leased by the Department in which veterans with chronic mental illness or veterans recovering from alcohol or drug abuse may reside. Outlines program requirements similar to housing assistance program requirements. Requires each director to establish a revolving fund to make loans for the cost of establishing programs for the provision of housing to mentally ill veterans or veterans recovering from alcohol or drug abuse. Outlines loan conditions and guidelines. Directs the Secretary, for each of FY 1991 through 1994, to carry out evaluations of the programs established under this Act and to make specified congressional reports. Authorizes the Secretary to accept donations of services and equipment in furtherance of the purposes of this Act.
United States · United States Congress · 7 February 1990
Calls upon the President to urge Soviet President Gorbachev to publicly condemn the emergence of popular anti-Semitism in the Soviet Union and to protect Soviet Jews from harassment and violence.
United States · United States Congress · 6 February 1990
Medicare Supplemental Insurance Reform Act of 1990 - Amends title XVIII (Medicare) of the Social Security Act to prohibit a Medicare supplemental policy from being sold in any State if the policy's premium exceeds its premium for the previous year by a percentage greater than the projected percentage increase in Medicare costs, unless the premium increase has been approved by the State pursuant to a specified process providing for the detailed review of the reasonableness of such increase. Prohibits the sale of a Medicare supplemental policy which has neither been certified by the Secretary of Health and Human Services as meeting NAIC (National Association of Insurance Commissioners) Model Standards and returning a specified percentage of premiums as benefits, nor determined by a State regulatory program to be returning the requisite percentage of premiums as benefits. Increases the percentage of premiums which must be returned to policyholders as benefits. Requires that each State having a Medicare supplemental policy regulatory program maintain and make available to consumers a listing of the most recent year's ratio of benefits provided to, and premiums collected for, each policy sold in the State.
United States · United States Congress · 6 February 1990
Harvest of Peace Resolution - Expresses the sense of the Congress that the United States should establish as a primary foreign and domestic policy objective the achievement of common security by: (1) negotiating agreements with the Soviet Union and urging other nations to reduce military forces and spending with the goal of halving worldwide military spending by the year 2000; (2) reducing military assistance and arms sales to developing nations; (3) encouraging the peaceful settlement of conflicts; (4) providing increased assistance to developing nations to overcome hunger and poverty, reduce debt burdens, promote human rights, ensure sustainable development, and protect the environment; (5) increasing support domestically for programs that address human needs; (6) helping defense industries and their employees convert to productive nondefense work; and (7) reducing the Federal deficit.
United States · United States Congress · 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
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 · 31 January 1990
Home Repairs for Older and Disabled Homeowners Act of 1989 - Directs the Secretary of Housing and Urban Development to make grants to locally based nonprofit organizations, local governments, and Indian tribes to provide home repair services for low-income older homeowners and disabled homeowners. Authorizes appropriations. Limits grants to two-year terms. Requires the Secretary to develop and distribute a program manual.
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) 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 · 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
Government Printing Office Improvement Act of 1990 - Prohibits the obligation or expenditure of appropriated funds by any executive branch entity to: (1) establish any in-plant printing facility unless such facility has been specifically authorized by law; or (2) procure any printing or other information products and services related to the production of Government publications (including forms) from commercial sources unless such procurement is by or through the Government Printing Office (GPO). Requires printing and other information products and services authorized by law, which the Public Printer is not able or equipped to do at GPO, to be produced elsewhere under contracts made by the Public Printer with the approval of the Joint Committee on Printing. Requires the Superintendent of Documents to include data on information services in the comprehensive index of public documents. Authorizes the Superintendent to allow depository libraries access to information services subject to agreement between the Superintendent and the Government component issuing the service on the terms and conditions of access, including cost sharing arrangements.
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 · 21 November 1989
Amends Federal law to authorize and request the President to designate May as Asian/Pacific American Heritage Month annually, beginning in 1990. (Current law designates a seven-day period beginning on May 4, 1979).
United States · United States Congress · 20 November 1989
Stewart B. McKinney Homeless Assistance Amendments Act of 1990 - Title I: General Provisions - Provides for budget compliance of this Act for FY 1991 through 1992. Title II: Interagency Council on the Homeless - Amends the Stewart B. McKinney Homeless Assistance Act (SBMHAA) to authorize appropriations through FY 1992. Extends the Interagency Council on the Homeless through FY 1992. Title III: Federal Emergency Management Food and Shelter Program - Amends SBMHAA to authorize appropriations for the Federal Emergency Management Food and Shelter Program through FY 1992. Title IV: Housing Assistance - Amends the SBMHAA to extend through FY 1992: (1) the emergency shelter grants program; (2) the supportive housing demonstration program; (3) supplemental assistance for facilities to assist the homeless; and (4) section 8 assistance for single room occupancy dwellings. Title V: Health Care for the Homeless - Amends the Public Health Service Act to authorize through FY 1992: (1) categorical grants for primary health services and substance abuse services; (2) block grants for community mental health services; and (3) alcohol and drug abuse treatment of homeless individuals. Amends SBMHAA to authorize appropriations for Community demonstration projects. Title VI: Education, Training, and Community Services Program - Amends SBMHAA to authorize appropriations for specified education, training, and community services programs through FY 1992. Title VII: Veterans Programs - Amends the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 to authorize appropriations for veterans medical programs through FY 1992.
United States · United States Congress · 20 November 1989
Firefighters Equity Act of 1989 - Establishes a work schedule for Federal firefighters consisting of a biweekly work period of 108 hours, computed on the basis of a period of 28 consecutive days. Revises provisions regarding biweekly pay periods and the computation of pay to require the hourly rate for Federal firefighters to be determined in the same manner as is currently determined for other Federal employees. Provides that hours of work officially ordered or approved in excess of 108 in a biweekly work period performed by a Federal firefighter are overtime work and shall be compensated in the manner provided for other Federal employees. Requires firefighters in positions requiring them regularly to remain at their stations longer than ordinary periods of duty, a substantial part of which consists of remaining in a standby status rather than performing work, to receive premium pay that does not exceed 25 percent of such part of their basic pay rate. Entitles Federal firefighters to hazardous duty pay when subjected to unusual hazards including exposure to toxic chemicals and firefighting at air crash sites. Sets forth procedures for calculating average pay and actual services for computing annuities for retiring firefighters.
United States · United States Congress · 20 November 1989
Amends the Controlled Substances Act to impose a mandatory minimum sentence for the illegal manufacture, distribution, or dispensation of 50 grams or more of smokable crystal methamphetamine.
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.
![Official portrait of Rep. Oakar, Mary Rose [D-OH-20]](https://www.congress.gov/img/member/o000001_200.jpg)