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
Democracy in El Salvador Act of 1989 - Makes El Salvador ineligible for any American assistance or military financing, except for humanitarian assistance. Provides that such assistance shall be disbursed directly to private voluntary relief organizations. Makes such sanctions inapplicable if the President certifies (and the Congress approves such certification by joint resolution) that the Government of El Salvador: (1) has prosecuted those responsible for the murders of certain faculty members of the Jose Simeon Canas Central American University; (2) has removed from public office and responsibilities all those connected with death squad activity; (3) has established a judiciary free from political pressures; (4) is taking every measure to avoid civilian casualties and is allowing neutral humanitarian organizations to evacuate the dead and wounded and to provide emergency relief to civilians; (5) is abiding by the Geneva Convention with regard to combatants; and (6) is seeking to establish a cease-fire in the civil war. Provides that a motion to consider such a joint resolution shall be treated as highly privileged in the Congress.
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
Pollution Prevention Advancement Act - Directs the Administrator of the Environmental Protection Agency to provide for the conduct of research and development activities with respect to new or improved practices and technologies for pollution prevention. Requires at least 50 percent of the funds appropriated for such activities to be used for grants to universities or research institutions. Directs the Administrator to earmark a portion of such funds for participation in the Small Business Innovation Research Program. Requires the Administrator to report to the Congress on the impact of products on pollution prevention capabilities, including a list of 50 constituents that have adverse environmental or public health effects when recycled, discarded, incinerated, or treated before disposal and an identification of as many of the products containing such constituents as is practicable. Directs the Administrator to provide funding for projects demonstrating new pollution prevention practices and technologies to: (1) entities responsible for municipal solid waste disposal; and (2) public and private entities. Limits such grants to specified percentages of the total cost of a project. Sets forth criteria to be considered in the awarding of such grants. Requires the Administrator to evaluate such projects to determine the effectiveness and life-cycle costs of such technologies or practices and related social impacts. Directs the Administrator to establish a program of research grants to State and local governments that have solid waste prevention and recycling programs to enable such governments to evaluate the effectiveness of such programs. Requires such governments to report the results of such research to the Administrator. Limits the Federal share of the cost of such research to 50 percent of the total amount. Requires the Administrator to promote the use of, and provide technical assistance for, pollution prevention practices and technologies. Directs the Administrator to establish a Pollution Prevention Information Clearinghouse. Establishes priorities for the Administrator in undertaking pollution prevention research and development and demonstration activities with respect to hazardous and other wastes. Requires the Administrator to report annually to the Congress on the activities carried out under this Act. Authorizes and allocates appropriations.
United States · United States Congress · 7 November 1989
Hurricane Hugo Emergency Relief Act - Requires the Chief of Engineers, upon the request of the Governor of the Virgin Islands, to provide assistance to the Virgin Islands in carrying out any project for repair, restoration, reconstruction, or replacement of any facility eligible for assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act with respect to damages resulting from Hurricane Hugo. Directs that the Chief be reimbursed for such expenditures from funds appropriated for carrying out such Act. Provides that the Federal share for such assistance shall be 100 percent. Requires the Chief, upon request of the Governor of the Virgin Islands or Puerto Rico, to restore beaches in the Virgin Islands and Puerto Rico damaged by Hurricane Hugo for purposes of preventing and mitigating storm damages and assisting in the recovery of damages resulting from such hurricane. Directs that the Chief be reimbursed for such expenditures from funds appropriated for carrying out such Act. Sets forth cost sharing allocations. Provides that upon request of the Governor of the Virgin Islands, the Federal official administering assistance for a construction project in the Virgin Islands may make such assistance available to the Chief to carry out such project. Provides for reimbursement of certain administrative costs incurred by the Chief. Declares that the maximum amount which may be allotted under the Flood Control Act of 1948 for the flood control project for Savan Gut, Virgin Islands, shall be $10,000,000 instead of $5,000,000. States that any expenses incurred by the Administrator of General Services for repair, restoration, reconstruction, or replacement of any public building damaged or destroyed by Hurricane Hugo and for relocating Federal employees shall be reimbursed from funds appropriated to the Federal Emergency Management Agency to carry out the Robert T. Stafford Disaster Relief and Emergency Assistance Act. Waives the $5,000,000 limitation on obligations for projects in a fiscal year in the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands with respect to obligations for projects resulting from Hurricane Hugo. Directs the Secretary of Transportation to provide not less than two Federal Highway Administration technicians to provide assistance in repairing and reconstructing portions of the Federal-aid highway system in the Virgin Islands damaged or destroyed as a result of Hurricane Hugo.
United States · United States Congress · 7 November 1989
Directs the heads of Federal departments or agencies which hold or receive records and information which have or could possibly have been correlated to U.S. personnel listed as prisoners of war or missing in action in World War II and the Korean and Vietnam conflicts to publicly disclose such records and information, except where such disclosure would compromise national security. Requires the Department of Defense to publicly disclose a complete list of such personnel including those killed in action (body not returned) in such hostilities with each service member's current classification as well as any changes in such classification occurring during or after such hostilities.
United States · United States Congress · 7 November 1989
Expresses the sense of the House of Representatives that the President should vote in support of increasing the international minimum age for combat to 17 years of age in the United Nations Convention on the Rights of the Child.
United States · United States Congress · 1 November 1989
Expresses the sense of the Congress that railroad retirement benefits are exempt from reduction under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) and that supplemental annuities payable under the Railroad Retirement Act of 1974 and sequestered under a specified presidential order should be restored.
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 · 23 October 1989
Hurricane Hugo and Loma Prieta Earthquake Emergency Relief Act - Title I: Highway Emergency Assistance Program - Authorizes $1,000,000,000 in additional appropriations out of the Highway Trust Fund to the emergency relief fund for FY 1990 for the repair or reconstruction of highways, roads, and trails damaged from natural disasters or catastrophic failures within the United States. (Provides that obligations incurred and expenditures made from such funds shall not be charged against the Budget Act, the Gramm-Rudman-Hollings Act, or other ceilings.) Waives limitations on emergency relief fund expenditures and obligations with respect to projects resulting from Hurricane Hugo or the Loma Prieta Earthquake of 1989. Specifies that the Federal share of any such project on the interstate and Federal-aid highway systems shall be 100 percent of the costs incurred within 180 days of each such natural disaster. Makes projects on the San Francisco-Oakland Bay Bridge in California resulting from such earthquake eligible for emergency relief funds, provided the Governor of California certifies in writing to the Secretary of Transportation that the State has established and will maintain insurance or other evidence of financial responsibility for damages to, or destruction of, such bridge resulting from earthquakes. Specifies that allocations for emergency relief for highways, roads, and trails for projects resulting from Hugo or Loma Prieta shall be excluded for purposes of provisions regarding the allocation of funds for interstate and Federal-aid highway programs among the States. Requires the Secretary of Transportation to provide at least two technicians from the Federal Highway Administration to assist in repairing and reconstructing portions of the Federal-aid highway system in the Virgin Islands damaged or destroyed as a result of Hugo. Requires: (1) the Secretary of Transportation to transmit to the Congress a report on the adequacy of current Federal and State standards in areas which are likely to be subject to earthquakes for ensuring that highway, mass transit, and airport construction projects will withstand earthquakes; and (2) the Comptroller General to transmit to the Congress a report on the reasons for the failure of the Cyprus Street segment of Interstate Route I-880 and the San Francisco-Oakland Bay Bridge on Interstate Route I-80. Title II: Federal Emergency Management Agency and Other Emergency Assistance Programs - Directs the Chief of Engineers of the Corps of Engineers, upon request of the appropriate Governor, to: (1) provide assistance to the Virgin Islands in carrying out any project for repair, restoration, reconstruction, or replacement of any facility eligible for assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) with respect to damages resulting from Hugo; and (2) restore beaches in the Virgin Islands and Puerto Rico damaged by Hugo. Specifies the Federal share of the costs of such projects. Increases the maximum amount which may be allotted under the Flood Control Act of 1948 for the flood control project for Savan Gut, Virgin Islands. Provides for the reimbursement of the Administrator of General Services of expenses incurred for repair, restoration, reconstruction, or replacement of any public building damaged or destroyed by Hugo or Loma Prieta, and for relocating Federal employees. Requires the President to suspend and, for reasons of economic hardship, waive provisions of the Flood Disaster Protection Act of 1973 relating to coverage of flood insurance for approval of Federal financial assistance with regard to grants to individuals or families adversely affected by Hugo under the Stafford Act. Permits Federal assistance under such Act to be provided with respect to damages incurred as a result of Hugo or Loma Prieta by a nonprofit educational institution without regard to whether State assistance may be provided with respect to such damages.
United States · United States Congress · 19 October 1989
Declares it is in the interests of the United States to support efforts to protect South Pacific marine resources (including albacore tuna, porpoises, whales, seals and other marine mammals, birds, sea turtles, and fish) from the slaughter of driftnet fishing. Supports the Tarawa Declaration and the South Pacific Commission resolution calling for an immediate ban on driftnet fishing in the South Pacific. Urges the Secretary of State to work toward an international convention banning driftnet fishing in the South Pacific. Urges Japan and Taiwan to immediately cease the use of driftnets in international South Pacific waters.
United States · United States Congress · 17 October 1989
Newsprint Recycling Incentives Act of 1989 - Amends the Solid Waste Disposal Act to require producers or importers of newsprint to recycle, through methods specified under this Act, an amount of newsprint equal to at least the amount determined by multiplying the amount of newsprint produced or imported annually by such individuals by the recycling percentage established by the Administrator of the Environmental Protection Agency (EPA). Authorizes such individuals to comply with this Act by: (1) recycling (through deinking) newsprint; (2) purchasing recycled newsprint to combine with shipments of virgin newsprint; or (3) purchasing recycling credits under this Act. Directs the Administrator to establish a recycling percentage that is two points higher than the existing recycling rate for newsprint. Provides for increases in such percentage of two points annually until 1999. Requires the Administrator to promulgate regulations to allow newsprint producers or importers to create or purchase recycling credits. Provides that such regulations shall require: (1) producers and importers to keep specified records; (2) producers of recycled newsprint to notify EPA of capacity to recycle old newsprint; (3) importers of recycled newsprint to notify the U.S. Customs Service of the amount of newsprint being imported and to have certifications of the accuracy of such amount from the trade representative of the country shipping such newsprint to the United States; and (4) producers and importers to report to the Administrator on the amount of recycled newsprint produced or imported annually and the number of credits purchased from, or sold to, other producers or importers. 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 newsprint and newspaper 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 report to be submitted with ten years of this Act's enactment. Applies recycling requirements to persons who produce or import more than ten tons of newsprint annually. Sets the recycling percentage at 20 percent if the Administrator fails to promulgate such regulations. Prescribes civil penalties for violations of this Act. Authorizes appropriations.
United States · United States Congress · 11 October 1989
Amends the Federal Aviation Act of 1958 to prohibit any person from acquiring any voting securities of a major air carrier or person who controls a major air carrier, if such acquisition constitutes 15 percent or more of the voting securities, unless such person complies with specified requirements under the Act and the Secretary of Transportation has not disapproved the acquisition. Requires the Secretary to disapprove an acquisition if he or she finds that: (1) it is likely to weaken the acquired person financially; (2) the intent of the acquired person is to make a major reduction of the air carrier; (3) the acquisition would result in a non-U.S. citizen having control over the air carrier; or (4) the acquiring person is not providing the documentary material and information required by the Secretary to make a decision regarding such acquisition.
United States · United States Congress · 5 October 1989
Declares that: (1) Antarctica is a global ecological commons and should be managed under a new agreement among the Antarctic Treaty Consultative Parties or a protocol to the Convention on the Regulation of Antarctic Mineral Resource Activities which should for an indefinite period establish Antarctica as a region closed to commercial minerals development and related activities; (2) under such new agreement, information about minerals or other resources in Antarctica should be obtained under strictly controlled arrangements and should be openly shared in the international scientific community; (3) the Convention is not adequate to protect the environment of Antarctica and could stimulate commercial exploitation; (4) pending the negotiations and entry into force of a new agreement or protocol ensuring the full protection of Antarctica as a global ecological commons, the President should not present the Convention to the Senate for advice and consent to ratification; (5) the United States should support the interim measures presently in force among nations signatory to the Convention; and (6) the negotiation of such a new agreement or protocol should be a major item on the agenda of the pending XV Antarctic Treaty Consultative meeting opening on October 9, 1989.
United States · United States Congress · 4 October 1989
Global Environmental Standards Reporting Act - Directs the Environmental Protection Agency to report annually to the Congress on: (1) environmental laws in major trading countries, including members of the Organization for Economic Cooperation and Development, Brazil, Mexico, South Korea, and Taiwan; (2) progress in compliance with such laws in such countries and the United States; and (3) governmental financial assistance, including tax incentives, grants, and low interest loans to industry to achieve compliance with such laws.
United States · United States Congress · 3 October 1989
Amends rule XLVIII of the Rules of the House of Representatives to prohibit a Member from serving as a member of the Select Committee on Intelligence during more than three Congresses during any period of five successive Congresses. (Current rules prohibit a Member from serving for more than six continuous years.) Provides for the reappointment of an incumbent chairman or ranking minority member.
United States · United States Congress · 2 October 1989
Safe Transportation of Food Act - Prohibits any person from: (1) using a refrigerated motor vehicle in the transportation of solid waste; or (2) using a cargo tank that has been used in the transport of hazardous materials for the transportation of food. Authorizes the Secretary of Transportation to waive such prohibition if such waiver is not contrary to the public interest. Requires the Secretary to study measures that will provide for the safe transportation of food and hazardous materials. Directs the Secretary to submit to the Congress a report containing results of such study. Sets forth both civil and criminal penalties. Empowers the Attorney General, at the Secretary's request, to bring action in U.S. district court for equitable relief to redress any violation of this Act or any regulations issued under it.
United States · United States Congress · 28 September 1989
Special Needs Adoption Assistance Act of 1989 - Amends the Internal Revenue Code to authorize a deduction for the expenses of adopting a child with special needs. Limits deductible adoption expenses to $3,000. Prohibits a deduction of any such expense for which a deduction or credit is allowable under other Internal Revenue Code provisions. Provides that any reimbursement of such expenses shall be includible in the taxpayer's gross income. Allows such a deduction whether or not a taxpayer itemizes deductions. Directs the Office of Personnel Management (OPM) to establish a demonstration program requiring executive agencies to reimburse employees for the expenses of adopting a child with special needs. Authorizes agencies to require employees applying for reimbursement of such expenses to obtain State or private adoption agency certification that the adoptive child is a child with special needs. Limits such adoption expenses to $2,000 per child and $5,000 in any calendar year. Prohibits such reimbursement in any adoption: (1) in which one of the adopting parents is a biological parent; (2) of a child 18 years of age or older; (3) of a child who, immediately prior to the adoption, was not a citizen or legal resident of the United States; (4) in which the employee separated from the service before the adoption is final; or (5) for which the employee made payment or received reimbursement under other governmental adoption programs. Requires such reimbursement to be made from the fund available for payment of such employee's pay. Directs OPM to: (1) prescribe regulations and provide assistance to administer the reimbursement of special needs adoption expenses; and (2) report to the President and the Congress on the operation of such demonstration program. Repeals this Act on December 31, 1993, and prohibits further reimbursement of such expenses unless this Act is extended by the Congress.
United States · United States Congress · 28 September 1989
Employee Health and Safety Whistleblower Protection Act - Sets forth uniform Federal procedures to protect employees, former employees, and applicants for employment who engage in whistleblowing with respect to employer activities which endanger employee or public health and safety. Prohibits employers from discharging or discriminating against any employee who: (1) discloses (or demonstrates an intent to disclose) an activity, policy, or practice that the employee believes is a violation of Federal health or safety law; (2) initiates, assists, or participates (or demonstrates an intent to do so in a proceeding with respect to an activity, policy, or practice that the employee believes is a violation of Federal health or safety law, or with respect to consideration of enactment, adoption, promulgation, issuance, or amendment of such a law, or with respect to administration or enforcement of such a law or of this Act; or (3) refuses to participate in an activity, policy, or practice that violates Federal health or safety law or that the employee reasonably believes poses a bona fide danger to the health or safety of the employee, other employees, or the public (and the employee promptly reported such danger to a representative of the employer). Voids as contrary to public policy any waiver or modification of employee rights under this Act, except under certain settlements or dispute resolutions. Makes this Act inapplicable to employees who, acting without consent from the employer, deliberately cause a violation of Federal laws. Sets forth procedures for remedy of violations under this Act. Provides that the statute of limitations for filing a complaint pursuant to this Act or an existing Federal whistleblower protection law shall be 180 days after the later of the date: (1) an alleged violation occurs; (2) the discharge or other discrimination has taken effect; or (3) the employee first learns or reasonably should have learned of the violation. Provides for filing complaints with the Secretary of Labor (the Secretary). Directs the Secretary to create or designate an identifiable office or unit within the Department of Labor to investigate such complaints and to issue orders providing relief where appropriate. Provides for administrative law hearings upon request when such orders are not issued, or are questioned. Allows the Secretary or complainant to petition any U.S. district court to enforce an order. Requires the investigation office, if it determines that there is reasonable cause to believe that a violation of this Act has occurred, to intervene on behalf of the complainant in proceedings under this Act. Provides for an administrative appeal procedure. Makes the decision of the administrative law judge the final order of the Secretary (subject to specified judicial review), unless there is a petition or order for review by the Secretary within a specified period. Directs the Secretary to issue a final order after such review within a specified period. Sets forth provisions for remedies. Provides for orders of abatement, reinstatement (with compensation and restoration of lost pay, benefits, and privileges), consequential damages, double damages for willful and wanton violations, equitable relief, and legal cost payments. Provides for judicial review of orders. Provides for settlements or alternative dispute resolutions. Requires employers to post specified information about this Act. Sets forth provisions for enforcement of orders under this Act by the parties in U.S. district court. Provides for complaint referral by directing the Secretary to send copies of final orders (including settlement orders) to each Federal agency with jurisdiction over the activity, policy, or practice alleged in the complaint. Directs such agency to take appropriate action and report on such action to the Secretary, the parties, and the relevant congressional committees. Provides that such provisions do not limit any Federal agency authority under any other law. Declares that rights and remedies under this Act: (1) are in addition to any other rights and remedies provided under a contract or State law; and (2) supersede existing Federal whistleblower protection laws with respect to any discharge or discrimination based on employee conduct protected by this Act. Provides that the enforcement and administration procedures of this Act supersede those of any existing Federal whistleblower protection laws in such respects.
United States · United States Congress · 28 September 1989
Authorizes the Secretary of Agriculture to make grants to aid businesses unable to secure credit and create jobs in rural areas. Amends the Consolidated Farm and Rural Development Act to increase annual water and waste facility assistance limits. Authorizes the Secretary to provide water and waste facilities loans to specified rural entities. Authorizes the Farm Credit System to provide loans and other financial assistance to rural sewer and water projects. Establishes in the Farmers Home Administration a national rural waste water circuit rider grant program. Amends the Rural Electrification Act of 1936 to establish: (1) a technical assistance unit; and (2) an Assistant Administrator for Economic Development. Amends the Consolidated and Rural Development Act to authorize a rural business development grant program. Directs the Secretary to establish within the National Agricultural Library a National Rural Assistance Information Clearinghouse. Treats a rural county experiencing specified population reduction as a labor surplus area.
United States · United States Congress · 19 September 1989
Amends the Federal Cigarette Labeling Advertising Act to make unlawful cigarette and little cigar advertisements which appear in publications with readerships primarily under age 21, which suggest smoking is related to social success or sexual attraction, which depict individuals appearing to be under age 25, which depict smoking by well-known athletes, which depict smoking in association with stamina or athletic conditioning, or which depict as a smoker a celebrity having special appeal to youth. Makes it unlawful to distribute samples of cigarettes or little cigars to youth, near youth centers and schools, or at youth events.
United States · United States Congress · 14 September 1989
Expresses the sense of the Congress that illegal aliens should not be counted in the 1990 decennial census for purposes of congressional reapportionment.
United States · United States Congress · 13 September 1989
Farm Animal and Research Facilities Protection Act of 1989 - Amends the Food Security Act of 1985 to make it unlawful to disrupt or damage a farm animal facility, its animals, or property. Sets forth penalties for violations of this Act. Allows the Secretary of Agriculture to investigate such offenses. Grants U.S. district courts jurisdiction in such cases. Provides for a private right of action.
United States · United States Congress · 12 September 1989
Amends the Higher Education Act of 1965 to provide reduced rates of interest under the Guaranteed Student Loan (Stafford Loan) program to individuals who enter the teaching profession.
United States · United States Congress · 4 August 1989
Older Workers Benefit Protection Act - Amends the Age Discrimination in Employment Act of 1967 (ADEA) to specify that it prohibits discrimination against older workers in all employee benefits except when age-based reductions in employee benefit plans are justified by significant cost considerations. Declares that, as used in ADEA, the phrase "compensation, terms, conditions, or privileges of employment" encompasses all employee benefits, including those provided under a bona fide employee benefit plan. Requires that the actual amount of payment made or cost incurred on behalf of an older worker be no less than that made or incurred on behalf of a younger worker, for each benefit or benefit package, in order for an employee benefit plan not to violate ADEA. Places on the employer, employment agency, or labor organization the burden of proving, in any civil enforcement proceeding brought under ADEA, that specified actions are lawful. Requires a seniority system or employee benefit plan to comply with ADEA regardless of the date of adoption of such system or plan. Applies this Act to all actions or proceedings under ADEA that were brought after June 23, 1989, or that were pending on such date (which is the date on which the Supreme Court issued the decision in Public Employees Retirement System of Ohio v. Betts).
United States · United States Congress · 4 August 1989
Amends Federal copyright law to permit the unlicensed viewing of videos in a hospital, hospice, nursing home, or other group home providing health care if the institution: (1) provides long-term health care services to individuals on a regular basis; and (2) serves as a temporary or permanent home for such individuals. Prohibits such institutions from levying a direct charge for the video viewing, and from transmitting such video viewing via closed-circuit television or other means.
United States · United States Congress · 4 August 1989
Department of Housing and Urban Development Accountability Act of 1989 - Requires the Secretary of Housing and Urban Development to provide for the following in the housing assistance selection process: (1) publication in the Federal Register of selection criteria and assistance availability; (2) documentation of selection decisions, including individual program documentation standards published in the Federal Register; and (3) specified applicant disclosure. Requires: (1) the Secretary to report to the Congress regarding such activities and a related consultant fee limitation plan; and (2) the Inspector General of the Department of Housing and Urban Development (HUD) to include in his semiannual reports an assessment of compliance with the requirements of this Act. Prohibits during any housing assistance selection process: (1) an applicant from soliciting or obtaining any covered selection information from any HUD officer or employee; or (2) a HUD officer or employee from knowingly disclosing such information to any person other than a person authorized by the Secretary to receive it. Sets forth administrative, civil, and criminal penalties for disclosure violations. Directs the Secretary to consider any applicable low-income tax credit in establishing assisted housing owner profit levels.
United States · United States Congress · 4 August 1989
Recycling of Existing Assets for Cost-Effective Housing Act of 1989 - Authorizes the Secretary of Housing and Urban Development to make grants to establish State revolving funds for: (1) homebuyer loans (priority for first-time or lower-income homebuyers); and (2) multifamily dwelling grants and loans. Requires State matching funds. Prohibits property conveyance for five years. Sets forth property eligibility requirements. Directs the Secretary to make a State listing of such properties available upon request. Requires at least annual program reports by: (1) State housing finance agencies to the Secretary; and (2) the Secretary to the Congress. Requires the General Accounting Office to audit the program at least annually. Authorizes FY 1990 and 1991 appropriations.
United States · United States Congress · 4 August 1989
Escrow Account Statement Act - Amends the Real Estate Settlement Procedures Act of 1974 to mandate that an escrow servicer or lender that has established an escrow account in connection with a federally related mortgage loan submit to the borrower statements which clearly itemize: (1) at the opening or closing of the account, the charges which are reasonably anticipated to be paid from the account; and (2) annually, the amounts actually paid from such account as well as the annual balance. Establishes a civil penalty for failure to submit such itemized statements. Prohibits a lender from imposing preparation fees for escrow account statements.
United States · United States Congress · 4 August 1989
Amends the Rural Electrification Act of 1936 to permit prepayment and refinancing of Rural Electrification Administration guaranteed loans made to rural electrification and telephone systems if: (1) private capital is used for such prepayment; and (2) the borrower certifies that any savings incurred will be passed on to customers, used to improve the borrower's financial strength, or used to mitigate future rate increases. Sets forth the interest rate for such loans. Prohibits any additional loan charges.
United States · United States Congress · 4 August 1989
Expresses the sense of the Congress that the President: (1) is to be commended for his actions thus far in combatting terrorism; (2) should aggressively pursue increased cooperation with our allies and with the Soviet Union in preventing and responding to terrorism; and (3) should immediately conduct a comprehensive assessment of U.S. antiterrorism policy by reviewing the 1986 Report of the Vice President's Task Force on Combatting Terrorism. Specifies that such review should include recommendations for changes in laws, policies, and regulations necessary to protect commercial air transport and on policy criteria for determining when, if, and how to use force to preempt, react to, and retaliate in the event of terrorist incidents. Provides that the result of such review should be made available to the Congress and the public in an unclassified form. Urges the President to: (1) take actions in cooperation with the Congress designed to implement recommendations resulting from such review; (2) persist in his efforts to combat terrorism; and (3) announce publicly the determination of the United States to act firmly and decisively in pursuing every available legal means to eliminate terrorism and bring terrorists to justice.
United States · United States Congress · 3 August 1989
Adult Literacy and Employability Act of 1989 - Title I: Literacy Coordination - Establishes a Joint Presidential-Congressional Task Force on Adult Literacy. Requires the Task Force to report to the Council for Literacy Coordination established by this Act. Terminates the Task Force six months after its last member is appointed. Authorizes appropriations for the Task Force for FY 1990. Establishes the Cabinet Council for Literacy Coordination (the Council). Requires the Council to report annually to the Congress and the President. Authorizes appropriations for the Council for FY 1990 through 1993. Amends the Department of Education Organization Act to establish in the Department of Education an Office of Adult Literacy, to be administered by a Director of such Office. Requires the Director to: (1) coordinate the administration of literacy programs within the Department; and (2) work with the Cabinet Council for Literacy to coordinate related activities. Establishes the National Center for Adult Literacy as a nonprofit corporation which will not be an agency or establishment of the Federal Government. Divides the Center into a research institute, a technical assistance and training institute, and a policy analysis institute. Requires an annual report to the Congress. Authorizes appropriations for the Center for FY 1990 through 1994. Directs the Chairperson of the Council to make grants to States for a network of State or regional adult literacy resource centers. Authorizes appropriations for such grants for FY 1990 through 1992 and succeeding fiscal years. Requires each State that receives adult literacy assistance under an applicable Federal program to: (1) establish a State advisory board on literacy; and (2) submit a State literacy coordination plan. Requires the State Governor to report annually to the Council. Title II: Investment in Literacy - Amends the Adult Education Act (AEA) to increase and extend through FY 1995 the authorization of appropriations for AEA programs. Revises allotment provisions. Requires limitations on the use of funds to: (1) eliminate a cap on high school equivalency certificate programs; and (2) require that a specified amount be used to support adult education and literacy services provided by community-based organizations and nonprofit volunteer agencies. Includes among projects for which State must expand a portion of their AEA allotments: (1) development and expansion of innovative programs; and (2) support for statewide volunteer technical assistance activities. Eliminates certain maintenance of effort requirements. Authorizes the Chairperson of the Council to make matching challenge grants to State for investment in adult literacy instruction staff training and educational technology. Allows States, for purposes of matching such grants, to reserve specified portions of funds for FY 1990 through 1995 under specified Federal laws. Requires that States receiving such grants make available federally-assisted adult literacy program equipment, facilities, or training services, when not in program use or when surplus capacity exists, to other adult literacy programs (without charge or in certain circumstances at cost). Authorizes appropriations for such challenge grants for FY 1990 and succeeding fiscal years. Establishes a Literacy Leader Training Fund. Directs the Secretary of Education (the Secretary), through the Office of Adult Literacy, to make scholarship grants from the Fund to individuals pursuing careers in adult education, instruction, management, research, or innovation, for education or research to expand their expertise. Authorizes appropriations for such purposes for FY 1990 and succeeding fiscal years. Amends the Library Services and Construction Act (LSCA) to establish a library literacy demonstration program. Directs the Secretary to make grants to State and local public libraries for model innovative programs for delivery of adult literacy services, including development of technology-based centers. Requires that a peer review panel advise on grant criteria and application review, and that an expert in library literacy activities administer such program in the Department of Education. Authorizes appropriations for FY 1990 through 1994 for such library literacy demonstration program. Extends through FY 1994 the authorization of appropriations for other LSCA library literacy programs. Title III: Family Literacy - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary to carry out through the Office of Adult Literacy the Secretary's functions under the Even Start program (which integrates early childhood education and adult education for parents). Title IV: Workplace Literacy - Amends the Job Training Partnership Act (JTPA) to provide for workplace literacy skills and programs. Revises State education coordination and grant programs to provide financial assistance for any State education, labor, or economic development agency (or consortia) to enhance provision of statewide workplace literacy training and education through cooperative agreements between appropriate agencies and organizations. Requires that at least 75 percent of funds for such activities be used to improve program quality by means such as application of learning technology, model program development, and investment in staff training and services targeted at participants lacking workplace skills. Revises general program requirements for the service delivery system to require private industry councils to give priority to participant placements with businesses and industries that have a workplace literacy program or are willing to develop one with other public and private agencies. Makes individuals lacking workplace literacy skills eligible for adult and youth training program services. Requires, beginning in program year 1990, that at least 40 percent of adult program participants in each service delivery area (SDA) be in need of and be offered basic training through an individual workplace literacy plan. Requires assessment and testing of each potential participant's workplace literacy skills and employment skills. Allows participants who have been placed in employment to continue workplace literacy training until they have achieved their goal or for at least two years, whichever is earlier. Requires SDAs to provide such training for such duration to participants who need and would benefit from it. Allows such training to include workplace literacy training and English-as-a-second-language. Requires such activities to be described in an individualized workplace literacy plan for each participant, including goals based on participant needs. Requires that eligible dislocated workers lacking workplace literacy be offered basic skills training for at least a two-year period from the date of entry into the program. Establishes a Workplace Literacy Demonstration Program. Authorizes the Secretary of Labor to make grants for joint ventures of business, industry, or labor (or consortia) cooperating with State, County, or local governments or private industry councils (or consortia) to provide large-scale model development approaches to improving the basic workplace skills of the workforce. Requires the use of such funds for: (1) basic skills training; (2) specific program offerings; (3) assessments of individual and workplace skill needs; (4) program evaluations; and (5) technology-based learning environments. Sets forth matching requirements for grantees. Requires independent evaluation of such programs. Authorizes appropriations for FY 1990 through 1995 for such programs.
United States · United States Congress · 3 August 1989
Agricultural Extended Retirement Credit Act of 1990 - Extends creditable service under the Civil Service Retirement System for periods of service in certain Federal-State cooperative programs which had agricultural or related purposes. Establishes a hiring limitation period of four fiscal years after 60 days following enactment of this Act on the replacement of retirees in the United States Department of Agriculture. Prohibits the obligation or expenditure of any budget authority or outlays saved in any fiscal year by reason of reduced pay and personnel resulting from implementation of this Act. Requires that the budget authority and outlays thus saved: (1) be carried to the surplus fund of the Department of Agriculture and deposited by the Secretary of Agriculture in the Treasury to the credit of the Civil Service Retirement Fund, as a Government contribution; and (2) credited against pay and other personnel costs required to be sequestered under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Requires the Comptroller General to notify the Congress, of of each instance of noncompliance with the requirements of this Act. Directs the Director of the Office of Personnel Management to report to the Congress on an evaluation of the extended credit retirement program and the limitation on replacement of retirees provided under this Act.
United States · United States Congress · 3 August 1989
Amends the Food Security Act of 1985 to extend the Secretary of Agriculture's authority to enter into multiyear vegetative cover set-asides through the 1993 crop year. Authorizes special set-asides to establish wildlife habitats and feeding areas. Limits the Federal share for such set-asides to 25 percent. Requires State: (1) matching funds; and (2) producer incentives, including property tax reimbursements.
United States · United States Congress · 2 August 1989
Steel Fair Trade Review Act - Requires the President to submit to the Congress a report concerning progress achieved, pursuant to the steel trade liberalization program, on an international consensus to remove trade distorting practices in global steel markets. Specifies the issues such report must address.
United States · United States Congress · 2 August 1989
Economic Equity Act of 1989 - Title I: Employment - Subtitle A: Pay Equity Technical Assistance to Public and Private Sector - Pay Equity Technical Assistance Act - Directs the Secretary of Labor to develop and implement a continuing program of information dissemination, research, and technical assistance to public and private entities with respect to correction of wage-setting practices, and reduction or elimination of wage disparities, to the extent that they are based on the sex, race, or national origin of the employee, rather than on the work performed and other appropriate factors. Subtitle B: Legislative Pay Equity Commission and Study - Establishes a Commission on Employment Discrimination in the Legislative Branch. Directs the Commission to: (1) employ a nongovernmental consultant to study the compensation paid to Library of Congress personnel and analyze personnel policies of the Library; (2) evaluate the compensation system of the Library for compliance with title VII of the Civil Rights Act of 1964 and make any recommendations needed to achieve compliance; (3) develop a plan for the application of title VII throughout the legislative branch; and (4) make recommendations to the Congress for improvement of personnel policies and practices in the legislative branch. Directs the Commission to submit a final report to the Congress 18 months after enactment of this Act. Terminates the Commission 30 days after submission of the final report. Subtitle C: Extension of Benefits to Part-Time and Temporary Workers - Part-Time and Temporary Workers Protection Act of 1989 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to bring certain part-time employees within the participation, vesting, and accrual rules governing pension plans. Addresses any employee who, within a relevant 12-month period: (1) has customarily completed more than 500 but fewer than 1,000 hours of service; or (2) is employed in a type of position in which employment customarily consists of such a number of hours. Provides that completion of such hours of service will be treated as completion of 1,000 hours of service (thereby bringing the employee within the ERISA benefit framework). Permits a reduction in the employer-provided premium under a group health plan in the case of a part-time employee only when such employee: (1) has customarily completed fewer than 30 hours of service per week; or (2) is employed in a type of position in which employment customarily consists of such a number of hours. Limits such a premium reduction, when permissible, to not less than a ratable portion of the premium ordinarily provided in the case of an employee who completes 30 hours of service per week. Revises the ERISA definition of "employee" to include non-employees who, pursuant to a contract or agreement, provide employee-like services to an employer for at least one year at the rate of 500 or more hours per year. Subtitle D: Federal Council on Women - Federal Council on Women Act - Establishes a Federal Council on Women to: (1) collect and evaluate information with respect to any problems that are particular to women in the United States; (2) review and evaluate Federal policy related to any such problems; (3) coordinate the activities of the Council with similar activities conducted by States, local governments, and concerned organizations; and (4) make recommendations. Directs the Council to report its findings and recommendations to the Congress. Authorizes appropriations. Subtitle E: Maintenance of Sex Equity Set-Asides in Vocational Education Programs - Amends the Carl D. Perkins Vocational Education Act (the Act) to include displaced homemakers in the vocational education program for single parents or homemakers. Makes single pregnant women eligible for such program. Directs the administrator of such program, and of the sex equity program, to: (1) distribute to community-based organizations the State allotment for such programs on a competitive basis; and (2) develop procedures for appropriate data collection from fund recipients for program evaluation. Requires States to: (1) develop an annual plan for use of funds; (2) manage funds distribution; (3) monitor recipients' use of funds; and (4) evaluate program effectiveness. Provides for pre-vocational services to single parents, single pregnant women, homemakers, and displaced homemakers. Allows use of funds for dependent care (currently only child care) as part of such services. Directs the Secretary of Education to conduct biennial oversight visits to the States to determine if funds for programs for single parents, single pregnant women, and for elimination of sex bias and stereotyping in secondary and postsecondary education are being allocated, distributed, and used in accordance with the Act. Provides that assistance under the Act shall not effect an individual's eligibility for assistance under other Federal programs. Directs the General Accounting Office, within 18 months, to conduct a study of State compliance with specified assurances required under the Act. Subtitle F: Women in Business Procurement Assistance - Women's Business Procurement Assistance Act of 1989 - Amends the Small Business Act to add to existing goals for participation of small business concerns in Federal procurement contracts the participation of small business concerns owned and controlled by women. Requires the head of each Federal agency to report to the Small Business Administration (SBA) on the extent that small business concerns owned and controlled by women participate in procurement contracts and subcontracts. Declares it is the policy of the United States that small business concerns owned and controlled by women shall have the maximum opportunity to participate in the performance of contracts and subcontracts let by any Federal agency. Precludes the award of any contract unless the procurement authority determines that the offeror's plan includes the maximum opportunity for participation of small business concerns owned and controlled by women. Authorizes any Federal agency, when dealing with negotiated contracts, to provide such incentives as it may deem appropriate in order to encourage subcontracting opportunities for small business concerns owned and controlled by women. Requires the SBA to report annually to certain congressional committees on subcontracting plans found acceptable by any Federal agency which the SBA determines do not contain maximum opportunities for small business concerns owned and controlled by women. Requires the Director of Small and Disadvantaged Business Utilization for each Federal agency to designate an employee of that Director's office to be a Women-in-Business Specialist. Requires each Federal agency having procurement powers to affirmatively solicit offers from small business concerns owned and controlled by women and socially and economically disadvantaged individuals. Title II: Economic Security - Subtitle A: Earnings Sharing by Married Couples - Social Security Modernization Act - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that the combined earnings of a married couple which are attributable to the period of their marriage shall be shared equally between them for purposes of determining the eligibility for and amount of OASDI benefits to which each spouse is or may become separately entitled. Credits the survivor of the marriage with 100 percent of the combined total wages for the period of the marriage. Provides that this subtitle shall not apply in specified cases where it would result in a reduction of OASDI benefits. Subtitle B: Treatment of Disabled Widows and Widowers - Social Security Disabled Widow's and Widower's Equity Act of 1989 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to repeal the separate definition of disability applicable to widows and widowers. Permits the months of a widow's or widower's entitlement to Supplemental Security Income (SSI) benefits (title XVI of the Social Security Act) on the basis of a disability to be counted towards the 24 months needed to become entitled to hospital insurance benefits under Medicare (title XVIII of the Social Security Act) on that basis. Provides full widow's or widower's insurance benefits to disabled widows or widowers without regard to age. Amends the SSI program to preserve the Medicaid (title XIX of the Social Security Act) eligibility of disabled widows or widowers who become ineligible for SSI benefits upon the implementation of this Act's amendments making them eligible for, or increasing their, widow's or widower's insurance benefits. Amends the OASDI program to extend the time period during which a surviving spouse or a surviving divorced spouse must have initially become disabled in order to qualify for widow's or widower's insurance benefits before reaching age 60 in cases where such surviving spouse or surviving divorced spouse has quarters of coverage based on his or her own work after the death of the insured individual on whose wages such benefits are based. Subtitle C: Private Pension Reform - Pension Reform Act of 1989 - Amends the Tax Reform Act of 1986 to extend to all accrued benefits existing in plan year 1989 and thereafter the amendments made with regard to the nondiscriminatory coordination of defined contribution plans with Old Age, Survivors and Disability Insurance (OASDI). Amends the Internal Revenue Code (IRC) to repeal provisions that permit a certain disparity in simplified employee pension plan contributions with respect to nondiscriminatory coordination with OASDI. Provides for the repeal, effective for plan year 2000 and thereafter, of IRC rules with respect to: (1) the nondiscriminatory coordination of defined contribution plans with OASDI; and (2) pension integration exceptions. Amends the IRC to establish distinct minimum employee coverage requirements applicable in cases when an employer with respect to a plan is treated as operating a single line of business. Requires such a plan to benefit all the employer's employees. Limits the exception to minimum coverage requirements available to employers treated as operating separate lines of business for a year. Amends the IRC and the Employee Retirement Income Security Act of 1974 to eliminate the special vesting requirements governing multiemployer plans. Directs the Comptroller General of the United States, as soon as possible after this Act's enactment, to undertake thorough studies with respect to: (1) possible methods of requiring employee pension plans to provide cost of living and other adjustments to plan benefits; and (2) potential pension portability mechanisms, including ways to preserve and enhance the real value of deferred vested pension benefits. Lists specific items to be addressed in each study. Requires submission of the studies to specified congressional committees within two years of this Act's enactment. Subtitle D: Eligibility of Displaced Homemakers for First-Time Homebuyers Assistance - Displaced Homemakers and Single Parents Homeownership Assistance Act - States that displaced homemakers and single parents shall not be deemed ineligible for Federal assistance for first-time homebuyers on the basis of previous home ownership or residence while married or a homemaker. Subtitle E: Section 8 Housing Assistance for Domestic Violence Victims - Family Housing Options Program Act of 1989 - Amends the United States Housing Act of 1937 to reserve at least five percent of section 8 housing assistance for families affected by domestic violence and for homeless families. Requires administration of such program through the local public housing agencies. Permits assistance to be used in shared housing arrangements if the family receiving assistance so consents. States that rent contributions made by a family in such an arrangement shall not be considered income to the participating family for purposes of specified housing assistance eligibility. Includes among State allocation factors the number of transitional and emergency shelters, domestic violence shelters, and the number of families served by such programs. Requires: (1) each State to make an annual program report to the Secretary of Housing and Urban Development; and (2) the Secretary to include a summary of such reports in the annual section 8 report. Title III: Dependent Care - Subtitle A: Quality Child Care Demonstration Projects - Authorizes the Secretary of Health and Human Services to make grants to not more than ten eligible public agencies and private entities, in urban and rural areas, to administer child development models to increase the quality and availability of child care services. Defines "child development model," with respect to child care services, as an entity capable of providing training and on-going assistance to satellites that provide child care services to sick children or exceptional children, and which is either: (1) a child care development center providing services at a single site (or at multiple sites in reasonably close proximity) to infants, toddlers, preschool children, and school-age children; or (2) a high quality child care program capable of recruiting, training, supporting, and monitoring family child care providers. Directs the Secretary to report by April 1, 1992, to the Congress on such program. Subtitle B: Dependent Care Tax Credit Expansion - Repeals the Internal Revenue Code's nonrefundable income tax credit for employment-related dependent care expenses, replacing it with a corresponding refundable 50 percent credit, reduced (but not below 20 percent) as the taxpayer's adjusted gross income exceeds $15,000 (adjusted for inflation). Includes within the scope of the new credit up to $1,200 ($2,400 in the case of more than one qualifying individual) of respite care expenses incurred in the care of: (1) a dependent of the taxpayer who is at least 15 years old; or (2) a spouse or other dependent who is physically or mentally incapable of self-care. Subtitle C: Mortgage Financing for Family Day Care Centers - Small Day Care Center Assistance Act - Amends the Federal National Mortgage Association Charter Act and the Federal Home Loan Mortgage Corporation Act to define the term "mortgage" to include a mortgage secured by a one-to-four family residential property that is occupied as a residence and in which child care service is legally provided. Subtitle D: Flexible Work Force Tax Credit - Amends the Internal Revenue Code to permit an employer tax credit (to a maximum of two percent of wages) for one-third of the aggregate wages (to a maximum of $6,000) attributable to services performed by a full-time employee of the taxpayer who is permitted to work at home or during nonbusiness hours solely in order to reduce dependent care needs. Requires that there be at least a 20 percent reduction in the time of dependent care provided outside the employee's home. Terminates these provisions, subject to exception, after December 31, 1993. Subtitle E: Child Care Services in Transitional Housing - Transitional Housing Child Care Services Act - Amends the Stewart B. McKinney Homeless Assistance Act to authorize the Secretary of Housing and Urban Development to provide child care assistance for transitional housing residents. Subtitle F: Title XX Funding Increase - Amends title XX (Block Grants to States for Social Services) of the Social Security Act to increase the amount authorized for such program in FY 1991 and thereafter. Subtitle G: School-Based Child Care - State Dependent Care Grants Amendments Act of 1989 - Amends the State Dependent Care Development Grants Act to authorize the use of funds for operation of school-age child care services before and after school. Requires that such amounts be earmarked to enable children whose families lack adequate financial resources to participate in before or after school child care programs. Requires State Governors to include specified information in their reports on programs assisted under such Act. Extends until September 30, 1993, the period during which descriptions of intended uses of State allotments must be revised to reflect substantial changes. Title IV: Health - Subtitle A: Breast Cancer Prevention - Older Women's Breast Cancer Prevention Act of 1989 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to eliminate the cap on coverage of screening mammography. Subtitle B: Maternal and Child Health Funding Increase - Amends title V (Maternal and Child Health Services) of the Social Security Act to increase authorized appropriations for such program. Requires States, as a condition of receiving additional funds, to conduct a statewide needs assessment of maternity and infant care, including prenatal care and prevention of low birthweight and infant mortality, and to develop a plan to meet those needs. Changes State reporting requirements to monitor plan implementation results. Subtitle C: Infant Mortality Education and Health Services in Public Housing - Public Housing One-Stop Perinatal Services Act of 1989 - Directs the Secretary of Housing and Urban Development to carry out a program to demonstrate the effectiveness of grants to public housing agencies for providing facilities for one-stop perinatal services programs for pregnant women who reside in public housing. Sets forth preferences in selecting the agencies to receive grants. Limits the aggregate amount provided under these provisions for any public housing project to a specified sum. Requires services and facilities provided or assisted with grants under these provisions to comply with all applicable State and local laws, regulations, and ordinances, and all requirements established by the Secretary of Health and Human Services for such services and facilities. Authorizes appropriations. Subtitle D: Domestic Violence Judiciary Training Grants - Amends the State Justice Institute Act of 1984 to authorize the use of Institute funds to conduct up to five projects to: (1) investigate and carry out research regarding State judicial decisions relating to child custody litigation involving domestic violence; (2) develop training curricula to assist State courts to develop an understanding of, and appropriate responses to, child custody litigation involving domestic violence; and (3) disseminate the results of such investigation and research and the curricula to State courts. Authorizes appropriations through FY 1992. Subtitle E: Sense of Congress on Child Custody - Expresses the sense of the Congress that, for purposes of determining child custody, evidence of spousal abuse should create a statutory presumption that it is detrimental to the child to be placed in the custody of the abusive parent. Subtitle F: Immigration Reform for Domestic Violence Victims - Amends the Immigration and Nationality Act to permit certain battered alien spouses to apply for permanent residence without filing a joint petition (and interview) with the citizen spouse. Requires such an alien spouse to demonstrate: (1) that the marriage was entered into with good faith; and (2) evidence of physical abuse or extreme mental cruelty. Subtitle G: Long-Term Care Workers Demonstration Projects - Amends the Older Americans Act of 1965 to require the Commissioner on Aging to give special consideration to funding demonstration projects providing older individuals with the opportunity to serve as volunteers furnishing long-term care services to nursing home residents. Subtitle H: Sense of Congress on Caregivers - Declares that it is the sense of the House of Representatives that: (1) recognition and further attention should be given to the professional and personal needs of long-term care aides; (2) expanded access to health and pension benefits should be provided to such aides; (3) long-term care policy makers should recognize that problems of female household heads and minority workers affect most nursing care aides; (4) more data is needed on home health and nursing home aides; (5) expanded recruitment of specified groups should be considered to abate the long-term care aide shortage; and (6) changes should be made in nursing aide positions to ensure integration into management structures and to enhance attraction to careers in long-term care.
United States · United States Congress · 2 August 1989
Amends the Solid Waste Disposal Act to require recycled paper procured by the Federal Government for printing, writing, or archival uses which have enduring value to be permanent paper and, wherever practicable, to have a pH of 7.5 or higher.
United States · United States Congress · 1 August 1989
Displaced Homemakers Employment Training and Self-Sufficiency Act - Amends the Job Training Partnership Act (JTPA) to add a new title VII, Displaced Homemakers. Directs the Secretary of Labor (the Secretary to allot funds to States annually for services for displaced homemakers. Requires that such funds supplement and not supplant other Federal, State and local public funds for such services. Reserves specified portions of such funds for: (1) discretionary funds for technical assistance, bonus grants, and additional service assistance; and (2) national data collection and related activities. Makes eligible for such bonus grants States that demonstrate an increase in State funding and services directed to displaced homemakers. Sets forth requirements for State plans, performance standards, and State administration. Requires each State Governor to designate a State displaced homemaker administrator, if one does not already exist, and a State displaced homemaker advisory council, to administer the program. Requires the State administrator to direct funds to local service providers, evaluate area service providers' meeting the needs of displaced homemakers, and perform other specified functions in cooperation with the State council. Requires the State council to assist in formulating, implementing, and coordinating the State plan, and to provide technical assistance to the State administrator and area service providers in program design and services improvement. Set forth requirements relating to council membership and meetings. Sets forth various services for which funds may be used under this Act for education, training, and supportive, coordination, linkage, and referral services for displaced homemakers. Required that specified portions of each State's allotment be allocated for: (1) State and local information gathering; (2) assistance or expansion of administration and delivery of services; (3) State administrative expenses, including those of the State administrator's office and the State council; (4) support service assistance to individuals; (5) linkages between public entities and local service providers; and (6) awards to local service providers, based on successful completion of training and paid employment placement of individuals. Requires no State matching funds for qualification for title VII assistance. Allows States to use title VII allotted funds to qualify for State matching funds required by other Federal, state, and local programs which serve displaced homemakers. Directs State administrators to select service providers that demonstrate ability to deliver effectively training, education, and supportive services to displaced homemakers, giving priority in assigning individual to those providers experienced in providing such services, giving special consideration to directing funds to providers which are community-based organizations, and giving priority to providers demonstrating coordination and referral abilities. Directs the Secretary to implement a uniform data collection system to assist displaced homemaker services. Directs the Secretary to report biennially, with recommendations, to the Congress on progress in providing training and other work-related services to displaced homemakers, with each State's recommendations for legislation. Directs the Secretary, through grants and contracts, and with guidance from the Women's Bureau, to: (1) conduct research into the economic conditions of the labor markets associated with displaced homemakers; (2) provide technical assistance to States and interested parties; and (3) serve as a national clearinghouse to disseminate materials and information from exemplary programs. Makes displaced homemakers receiving title VII assistance ineligible for assistance under title III (Employment and Training Assistance for Dislocated Workers) of the JTPA in any fiscal year in which the appropriation for title VII equals or exceeds a specified amount; but provides that they shall not be excluded from participation under title II (Training services for the Disadvantaged) of JTPA. Authorizes appropriations for FY 1990 and succeeding fiscal years for such new title VII Displaced Homemakers program under JTPA, as established by this Act.
United States · United States Congress · 1 August 1989
High Risk Occupational Disease Notification and Prevention Act - Establishes a Risk Assessment Board (the Board), within the Department of Health and Human Services (HHS), to: (1) review pertinent medical and scientific reports on the incidence of disease associated with exposure to occupational health hazards; (2) identify and designate populations at risk that should receive notification; (3) develop a form and method of notification that will be used by the Secretary of Health and Human Services (the Secretary); and (4) determine the appropriate type of medical monitoring or beneficial health counseling. Sets forth factors for Board consideration and priorities in designating populations at risk of disease for notification. Directs the Secretary to make every reasonable effort to ensure that each individual within a population at risk of disease is notified of the risk. Requires the Secretary, through the National Institute for Occupational Safety and Health (NIOSH), to conduct the required notification, with specified exceptions. Allows an employer to apply to NIOSH for an exemption from such employee notification because that employer's employees are not at risk of disease because of significant mitigating factors. Provides for telephone "hot lines" and other dissemination of information. Authorizes the Secretary to certify a private employer or a State or local government to conduct notification. Provides for judicial review of Board determinations. Requires the Secretary to establish and certify ten occupational and environmental health centers to: (1) provide education, training, and technical assistance to personal physicians and health and social service professionals who serve employees notified that they are at risk under this Act; and (2) provide diagnosis, treatment, and medical monitoring and family services for such employees. Directs the Secretary to make grants to conduct research, training, and education aimed at improving the means of identifying employees exposed to occupational health hazards and improving medical assistance to such employees. Authorizes the Secretary to make grants and contracts for training and curriculum development in occupational medicine or health to schools of medicine and of nursing. Provides that such assistance shall be for projects: (1) at schools with occupational medicine or health programs, for faculty continuing education, curricula and training materials for undergraduate medical or nursing training, and clinical training for residents in graduate medical programs; and (2) at schools without such programs, for faculty training. Directs the Secretary, during FY 1991 through 1993, to make such grants and contracts to at least ten schools of medicine or nursing. Requires that the medical monitoring recommended by the Board be provided by the current employer: (1) at no additional cost to the employee (above any existing employee health care contribution), if any part of the exposure occurred in the course of employment by that employer; or (2) at a charge to the employee not exceeding the additional cost to the employer (above any existing employer health care contribution), or at no charge, if no part of such exposure occurred in the course of employment by that employer. Sets forth special rules for medical monitoring by small businesses and of seasonal agricultural workers. Prohibits discharging or discriminating against employees, or applicants for employment, on the basis that they are or have been members of a population at risk. Makes an exception to such prohibition if the position which the applicant seeks requires exposure to the occupational health hazard which is the subject to the notice. Allows an employer with 50 or fewer employees to transfer an employee who is or has been a member of a population at risk to another job if earnings, seniority, and other employment rights and benefits are as comparable as possible to the old job and if the terms of an applicable collective bargaining agreement are not violated. Grants the option of being transferred to a less hazardous or nonexposed job to any employee member of a population at risk who is determined by a physician to show evidence of developing the disease described in the notice or other symptoms or conditions increasing the likelihood or incidence of such disease. Requires that the employee maintain earnings, seniority, and other employment rights and benefits of the former job. Sets forth procedures for independent reconsideration of the initial medical determination. Sets forth special rules for medical removal. Makes such protection inapplicable to seasonal agricultural workers with less than six months continuous employment with an employer. Exempts from the requirement of medical removal protection any employer who has 50 or fewer employees and who has made or is making a reasonable good faith effort to eliminate the occupational health hazard that is the basis for the medical removal decision. Provides for confidentiality of employee records unless disclosure is authorized by and is necessary to carry out a provision of this Act, or is authorized by the employee. Permits employees aggrieved by violations of provisions involving medical monitoring, medical removal, discrimination, and confidentiality to apply, within six months after the violation occurs, to the Secretary of Labor for a review of the alleged violation. Sets forth provisions for investigations, actions, defenses, determinations, and appeals in such cases. Provides for reinstatement and other relief for employees injured by such violations. Sets forth civil penalties for such violations. Authorizes the Secretary (of HHS) to bring an action in U.S. district court to enjoin an employer from violating this Act. Directs the Secretary of Labor to report annually to the Congress on the implementation and enforcement of the hazard communication standard. Directs the Secretary of HHS to report annually to the Congress on the implementation and enforcement of notification under this Act. Authorizes appropriations for FY 1989 through 1993.
![Official portrait of Rep. Oberstar, James L. [D-MN-8]](https://www.congress.gov/img/member/o000006_200.jpg)