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Official portrait of Rep. Staggers, Harley O., Jr. [D-WV-2]

Rep. Staggers, Harley O., Jr. [D-WV-2]

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1,529 records where Rep. Staggers, Harley O., Jr. [D-WV-2] is listed as a sponsor, author, or other actor. Search with topics and years

Bill· HRH.R. 4000 (101st)open

Civil Rights Act of 1990

United States · United States Congress · 7 February 1990

Civil Rights Act of 1990 - Amends the Civil Rights Act of 1964 to provide that: (1) once a complainant has demonstrated that an employment practice results in a disparate impact on the basis of race, color, religion, sex, or national origin, the respondent has the burden of proving that the practice is justified by business necessity; (2) a complainant need not demonstrate which of a group of practices results in the demonstrated disparate impact; and (3) a respondent need not show business necessity for a specific practice within a group of practices if the respondent shows that that practice does not contribute to the disparate impact. Declares that an unlawful employment practice is established on a demonstration that race, color, religion, sex, or national origin was a motivating factor for any employment practice, even though such practice was also motivated by other factors, but bars certain types of relief if the respondent establishes that it would have taken the same action in the absence of any discrimination. Prohibits a challenge to an employment practice that implements a litigated or consent judgment or order resolving a claim of employment discrimination: (1) by a person who had certain types of notice and opportunity; (2) by a person whose interests were adequately represented by another person who challenged the judgment or order; or (3) if reasonable efforts were made to provide notice to interested persons. Increases to two years the time limit within which a charge of an unlawful employment practice must be filed. Removes provisions setting a separate time limit for charges initially filed with a State or local agency. Declares that a seniority system or practice which is part of a collective bargaining agreement is an unlawful employment practice if it was included in the agreement with the intent to discriminate. Allows, except for disparate impact cases, for compensatory damages (but not back pay) and, where there is malice or reckless or callous indifference, for punitive damages. Allows any party, where compensatory or punitive damages are sought, to demand a jury trial. Includes expert fees and other litigation expenses in any attorney's fees awarded. Prohibits a consent order or judgment settling a claim unless the parties and their counsel attest that a waiver of attorneys' fees was not compelled as a condition of the settlement. Allows to the prevailing party in the original action an award of attorney's fees and costs in defending a challenged judgment or order. Increases to 90 days after final action by a Federal agency the time limit for a Federal employee to bring a civil action. Allows to Federal employees the same interest to compensate for delay in payment as in cases involving non-public parties. Requires Federal civil rights laws to be broadly construed to effect their purpose to eliminate discrimination and provide effective remedies. Prohibits, except as expressly provided, any Federal civil rights law from being construed to restrict or limit the rights, procedures, or remedies available under any other Federal civil rights law. Declares that, for purposes of provisions relating to equal rights under the law, the right to make and enforce contracts includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship.

Bill· HRH.R. 3992 (101st)referred

Comprehensive Services Program for Homeless Veterans Act of 1990

United States · United States Congress · 7 February 1990

Comprehensive Services Program for Homeless Veterans Act of 1990 - Directs the Secretary of Veterans Affairs to establish a comprehensive services program to address fully the needs of homeless veterans through housing, medical care, vocational rehabilitation, transportation, and social services provided through this Act and other programs administered by the Department of Veterans Affairs. Requires each director of a medical center of the Department to carry out jointly with the veterans' benefits director of the region concerned an assessment concerning the number of homeless veterans in the area and current services provided. Requires joint preparation, for each of FY 1991 through 1994, of a plan for meeting the needs of homeless veterans in the area, to be submitted to the Secretary. Provides funding from the Secretary to the directors for such assessment and plans. Authorizes appropriations for FY 1991 through 1994. Directs the Secretary to provide for the establishment of outreach service centers in areas where there are significant numbers of homeless veterans. Outlines staffing and services of such centers. Directs the Secretary to provide mobile support teams to assist in the provision of benefits through medically-equipped vans in areas high in homeless veterans and in rural areas lacking adequate access to Department medical facilities. Expands the current veterans' benefits available to homeless veterans to include dental, optometric, and podiatric services. Requires the director of each medical center of the Department to use funds provided by the Secretary for homeless veterans assistance to make monthly assistance available for housing for homeless veterans and their families, under specified conditions. Prohibits such assistance for longer than one year for each homeless veteran. Requires a homeless veteran receiving such assistance to be employed at least 18 hours a week or to be involved in a compensated work therapy program administered by the Department. Requires each director to establish a program for the provision of housing owned or leased by the Department in which veterans with chronic mental illness or veterans recovering from alcohol or drug abuse may reside. Outlines program requirements similar to housing assistance program requirements. Requires each director to establish a revolving fund to make loans for the cost of establishing programs for the provision of housing to mentally ill veterans or veterans recovering from alcohol or drug abuse. Outlines loan conditions and guidelines. Directs the Secretary, for each of FY 1991 through 1994, to carry out evaluations of the programs established under this Act and to make specified congressional reports. Authorizes the Secretary to accept donations of services and equipment in furtherance of the purposes of this Act.

Bill· HRH.R. 3933 (101st)open

Medicaid Frail Elderly Community Care Amendments of 1990

United States · United States Congress · 1 February 1990

Medicaid Frail Elderly Community Care Amendments of 1990 - Amends title XIX (Medicaid) of the Social Security Act to permit States to provide Medicaid coverage of community care for functionally disabled elderly individuals. Considers individuals who are unable to perform at least two daily living activities or who have Alzheimer's disease and require substantial assistance or supervision as functionally disabled individuals. Defines a covered community care setting as a nonresidential setting or a residential setting in which more than two unrelated adults reside and personal services are provided. Requires that community care be provided to each client in accordance with an individual community care plan (ICCP) prepared and periodically reviewed and revised by a community care case manager on the basis of the manager's consultation with the client and a comprehensive functional assessment of a client's needs conducted by an interdisciplinary team before his or her receipt of care and at least annually thereafter. Sets a ceiling on Medicaid payments to States for community care. Reduces Federal Medicaid payments to States that reduce their Medicaid community care expenditures below their FY 1990 expenditures for such care. Requires that community care and community care settings meet requirements, to be developed by the Secretary of Health and Human Services, concerning client rights, the quality of such care, and safety and sanitation. Imposes specified minimum requirements on such care and settings, including certain Medicaid requirements currently applicable to nursing facilities. Requires that community care settings: (1) disclose persons having an ownership or control interest in the setting; and (2) exclude a person from such interest if he or she has been excluded from the Medicaid program or had an interest in a community care setting repeatedly found to have provided substandard care. Makes: (1) the Secretary responsible for certifying that State community care providers and settings comply with Medicaid requirements; and (2) States responsible for certifying that other community care providers and settings comply with Medicaid requirements. Requires that providers and settings be certified annually. Bases community care setting certification on an annual, unannounced survey. Directs the Secretary to: (1) develop a protocol for conducting surveys; and (2) conduct sample surveys of community care settings, within two months of State surveys, to test the adequacy of State surveys. Authorizes the Secretary to conduct a special survey of a setting or a review of a provider when there is reason to question its compliance with this Act. Prohibits the use of surveyors who have an interest in the provider or setting being surveyed. Requires States and the Secretary to investigate complaints against providers or settings concerning violations of this Act's requirements. Requires each State to provide, through the State agency responsible for the certification of such providers and settings, for the receipt, review, and investigation of allegations of client neglect and abuse, and of misappropriation of client property by providers. Requires that: (1) certain information regarding providers and settings and their compliance with this Act's requirements be made available to the public; and (2) State Medicaid fraud and abuse control units be given access to provider or setting survey and certification information. Requires that when the Secretary or State determines that a provider's or setting's deficiencies immediately jeopardize the client's health and safety, immediate action be taken to remove the jeopardy and correct the deficiencies or the provider's or setting's participation in Medicaid be terminated. Authorizes the Secretary or States to terminate a community care provider's participation in the Medicaid program and to impose a civil monetary penalty for failure to meet this Act's requirements. Sets forth the Secretary's responsibilities relating to community care requirements. Requires that State Medicaid payment rates for community care be reasonable and adequate to meet the costs of providing such care efficiently, economically, and in accordance with applicable laws, regulations, and standards. Prohibits the coverage of substandard community care, penalties imposed for such care, and community care furnished by family members.

Bill· HRH.R. 3936 (101st)open

To amend the National Labor Relations Act to prevent discrimination based on participation in labor disputes.

United States · United States Congress · 1 February 1990

Amends the National Labor Relations Act to make it an unfair labor practice for an employer to offer or grant: (1) permanent replacement employee status during a labor dispute; or (2) any employment preference to an individual who worked or indicated a willingness to work during a labor dispute over an employee who exercised specified rights during such dispute.

Bill· HRH.R. 3914 (101st)open

To provide for cost-of-living adjustments in 1991 under certain Government retirement programs.

United States · United States Congress · 30 January 1990

Provides for all Federal civilian and military retirees to receive the full cost-of-living adjustment in annuities payable under Federal retirement systems for FY 1991. (Includes benefits payable under the Civil Service Retirement and Disability System, military retirement and survivor benefit programs, the Foreign Service Retirement and Disability System, the Central Intelligence Agency Retirement and Disability System, and railroad retirement programs.)

Resolution· HCONRESH.Con.Res. 249 (101st)referred

Expressing the grave concern of the Congress regarding human rights violations resulting from a gross miscarriage of justice in Great Britain.

United States · United States Congress · 30 January 1990

Expresses the sense of the Congress that: (1) the current inquiries into the activities of the British West Midlands Crime Squad must be extended to cover the period of the Birmingham bombings of November 21, 1974; (2) the British Prime Minister should call upon the British Home Secretary to reopen the case of the Birmingham Six (those convicted for the bombings); (3) the convictions of such individuals should be quashed; and (4) the President should raise with the British Prime Minister concern for the basic human rights violations and miscarriage of justice arising from the continued incarceration of such individuals.

Bill· HRH.R. 3880 (101st)open

Medicare Benefit Improvements Act of 1990

United States · United States Congress · 24 January 1990

Medicare Benefit Improvements Act of 1990 - Amends title XVIII (Medicare) of the Social Security Act to cover screening mammographies for women over age 34 at a frequency which varies on the basis of a woman's age and risk of developing breast cancer. Covers up to 80 hours of annual in-home respite care furnished to an individual who has incurred expenses equal to a specified Medicare Part B (Supplementary Medical Insurance) cost-sharing limit and, for the preceding three months, has been unable to perform at least two specified daily living activities without the assistance of an uncompensated primary caregiver with whom he or she resides. Covers nursing care and home health aide services as home health services if such services are needed less than seven days each week or are needed for up to 38 consecutive days. Amends part A (Hospital Insurance) of the Medicare program to create an extension period of hospice care for terminally ill beneficiaries which is to follow the two 90-day periods and the subsequent 30-day period of hospice care coverage currently provided in an individual's lifetime. Increases the Medicare part B premium.

Bill· HRH.R. 3859 (101st)passed

To authorize assistance to the Washington Center for Internships and Academic Seminars.

United States · United States Congress · 23 January 1990

Authorizes the Secretary of Education to provide financial assistance to the Washington Center for Internships and Academic Seminars for construction and related costs of a student residence and classroom building in Washington, D.C. Authorizes appropriations for FY 1991 through 1993.

Bill· HRH.R. 3831 (101st)open

Federal Fire Service Pay Schedule Act of 1989

United States · United States Congress · 21 November 1989

Federal Fire Service Pay Schedule Act of 1989 - Establishes a pay schedule for Federal fire service personnel. Excludes employees of the District of Columbia from such schedule. Provides for periodic and additional step increases, minimum hours of work, the computation of overtime, educational incentive service step increases, retirement, pay comparability, and additional compensation for technicians.

Bill· HRH.R. 3735 (101st)open

Waste Materials Management Act of 1989

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.

Bill· HRH.R. 3677 (101st)open

Asbestos School Hazard Abatement Reauthorization Act of 1989

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.

Bill· HRH.R. 3684 (101st)open

National Environmental Education Act

United States · United States Congress · 16 November 1989

National Environmental Education Act - Directs the Administrator of the Environmental Protection Agency (EPA) to establish an Office of Environmental Education within the Office of External Affairs to carry out this Act. Establishes an Environmental Education and Training Program to train educational professionals in the development and delivery of environmental education and training programs and studies. Directs the Administrator to make an annual grant to an institution of higher education or nonprofit research institution to establish and operate such program. Sets forth application and eligibility requirements and criteria to be considered in awarding such grants. Authorizes the Administrator to enter into cooperative agreements or provide grants to support projects to design, demonstrate, and disseminate practices related to environmental education and training. Outlines activities eligible for grant support and priorities in awarding such grants. Requires the Administrator to publish an annual solicitation for environmental education grants. Authorizes local education agencies, colleges or universities, State education or environmental agencies, or nonprofit agencies to apply for such grants. Limits Federal funds for demonstration projects to 75 percent of the total cost, except in specified instances. Limits such grants to $100,000 and requires 25 percent of all funds obligated under this section to be for grants of no more than $5,000. Requires the Administrator to provide for internships by postsecondary students with Federal agencies involved in environmental issues. Directs the Administrator, to the extent practicable, to support at least 150 internships annually. Makes eligible for participation in such program students enrolled at accredited colleges or universities who have successfully completed at least four courses or the equivalent in environmental sciences. Requires the Administrator to provide for a series of national awards recognizing outstanding contributions to environmental education to include: (1) the Theodore Roosevelt Award for environmental teaching or administration; (2) the Henry David Thoreau Award for literature on the environment and pollution problems; and (3) the Rachel Carson Award for film or print media for public education and information on environmental issues or problems. Provides that recipients of such awards shall be nominated by the Environmental Education Advisory Council. Requires the regional administrator of each EPA office to present an "Outstanding Environmental Educator Award" annually to a teacher or faculty member from a local education agency, college or university, or nonprofit organization in recognition of an outstanding contribution to environmental education. Establishes a National Environmental Education Advisory Council. Requires the Council to report biennially to the Congress on: (1) the extent and quality of environmental education in the Nation's schools; (2) activities conducted pursuant to this Act; (3) obstacles to improving environmental education; and (4) training and skills needed to respond to environmental problems. Establishes the Environmental Education Trust Fund to carry out this Act. Allocates funding for this Act's activities and authorizes 50 percent of penalties received under specified environmental Acts to be appropriated to the Fund.

Bill· HRH.R. 3625 (101st)open

To award a congressional gold medal to Laurance Spelman Rockefeller.

United States · United States Congress · 8 November 1989

Authorizes the President, on behalf of the Congress, to present a gold medal to Laurance Spelman Rockefeller in recognition of his leadership on behalf of natural resource conservation and historic preservation. Authorizes appropriations. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal.

Bill· HRH.R. 3621 (101st)referred

Older Americans Long-Term Care Insurance Act of 1989

United States · United States Congress · 8 November 1989

Older Americans Long-Term Care Insurance Act of 1989 - Title I: Tax Provisions Related to Long-Term Care Insurance - Amends the Internal Revenue Code to require that, for the purpose of determining the income tax liability of issuers of qualified long-term insurance, the contracts be treated as accident or health insurance. Applies this provision to policies covering at least 12 consecutive months of necessary diagnostic, preventive, therapeutic, rehabilitative, or personal care services that are provided in a setting other than an acute care unit of a hospital. Requires policies issued after 1989 to be reinsured by the Federal National Long-Term Care Reinsurance Corporation, if the Corporation is incorporated when the policy is issued. Directs the Secretary of Health and Human Services to: (1) submit to the Congress before 1991 a study on long-term insurance policies; and (2) report annually to the Congress regarding the certification of qualified long-term care insurance. Treats qualified long-term care insurance as accident or health insurance and its benefits as benefits for personal injuries or sickness for purposes of determining appropriate tax exclusions for employer contributions or employee benefits. Excludes from gross income: (1) distributions or payments from individual retirement plans that are used during the year to pay the premiums for qualified long-term care coverage of individuals aged 59 1/2 or older; and (2) amounts received upon surrender, cancellation, or exchange of a life insurance contract and used during the year to pay the premiums for qualified long-term care insurance. Title II: Federal National Long-Term Care Reinsurance Corporation - Federal National Long-Term Care Reinsurance Corporation Act - Authorizes the Secretary to provide for the incorporation of the Federal National Long-Term Care Reinsurance Corporation (not an agency or establishment of the U.S. Government). Requires the Corporation to confine its activities to reinsuring insurance companies for extraordinary loss in the issuance or payment of qualified long-term care insurance benefits. Directs the Corporation to report annually to the President and to the Congress regarding its activities.

Bill· HRH.R. 3603 (101st)referred

To direct the heads of Federal departments and agencies to disclose information concerning United States personnel classified as prisoners of war or missing in action from World War II, the Korean Conflict, and the Vietnam Conflict.

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.

Bill· HRH.R. 3581 (101st)open

Rural Economic Development Act of 1990

United States · United States Congress · 2 November 1989

Rural Economic Development Act of 1989 - Title I: Reorganization of the Department of Agriculture - Amends the Consolidated Farm and Rural Development Act to establish in the Department of Agriculture the Rural Development Administration. Title II: Local Prioritization of Project Funding - Amends the Consolidated Farm and Rural Development Act to set out the framework for certain rural development programs, which shall include: (1) an area plan for long range rural development; and (2) State rural economic development review panels. Authorizes grants for State revolving funds for loans to very small businesses. Title III: Enhancement of Existing Rural Development Programs - Amends the Rural Electrification Act of 1936 to establish in the Rural Electrification Administration a technical assistance unit. Amends the Farm Credit Act of 1971 to authorize banks for cooperatives to make loans for water or waste disposal systems. Title VII: Rural Electrification Provisions - Rural Telecommunications Improvements Act of 1989 - Subtitle A: Amendments Relating to Title I of the 1936 Act - Amends the Rural Electrification Act of 1936 (the Act) to include the balance of all rescinded loans and obligations among the unexpended or unobligated funds which may be carried over for loans by the Administrator (the Administrator) of the Rural Electrification Administration (REA). Prohibits the Administrator and the Governor of the Rural Telephone Bank (the Governor) from: (1) denying or reducing any loan based on a borrower's fund level; or (2) making any loan, guarantee, or grant, unless the borrower has obtained the consent of the State regulatory authority and the loan or grant will not duplicate existing facilities or systems. Subtitle B: Amendments Relating to Title II of the 1936 Act - Prohibits the Administrator and the Governor from making or guaranteeing a telephone grant or a loan which would result in facilities or service duplication. Prohibits the Administrator and the Governor from requiring a telephone loan applicant to increase: (1) rates charged to customers or subscribers; or (2) the ratio of net income or margins before interest to the interest requirements on all the applicant's outstanding and proposed loans. Prohibits the Administrator from treating certain rural development investments as dividends or capital distributions. Requires the Administrator and the Governor to: (1) publish telephone policy standards; (2) use only specified depreciation rates in loan evaluations; and (3) make loans for all authorized purposes. Prohibits the Administrator and the Governor from: (1) rescinding certain telephone loans without the borrower's consent; (2) regulating the order or sequence of advances of funds to any borrower under any combination of approved telephone loans from specified entities; or (3) denying a loan or taking adverse action against a borrower for any reason not based on a published policy standard. Subtitle C: Amendments Relating to Title III of the 1936 Act - Directs the Administrator to maintain separate electric and telephone accounts within the Rural Electric and Telephone Revolving Fund. Sets forth a tier requirement for the interest rates of insured telephone loans. Provides for full use of REA insured loan authority. Prohibits the Administrator from providing guarantee assistance unless the borrower specifically applies for it. Subtitle D: Amendments Relating to Title IV of the 1936 Act - Revises provisions for the Rural Telephone Bank (RTB) Board of Directors. Revises (RTB) provisions relating to: (1) capitalization; (2) pro rata stock purchases by RTB borrowers; (3) authority to set loan levels; and (4) the overcharge on RTB loans made before FY 1988. Provides for full use of RTB loan authority. Title VIII: Miscellaneous - Amends the Consolidated Farm and Rural Development Act to establish local income-based loan rates for health care and related facilities. Increases assistance for communities dependent on natural resources. Directs the Secretary to establish a loan restructuring and servicing program for distressed community facility program borrowers. Amends the Consolidated Farm and Rural Development Act to direct the Secretary to provide water and waste facility loans and grants to alleviate health risks.

Law· HRH.R. 3545 (101st)enacted

To amend the Chesapeake and Ohio Canal Development Act to make certain changes relating to the Chesapeake and Ohio Canal National Historical Park Commission.

United States · United States Congress · 31 October 1989

Amends the Chesapeake and Ohio Canal Development Act to allow a member of the Chesapeake and Ohio Canal National Historical Park Commission to serve after the expiration of his or her term until a successor has been appointed. Extends the authority of the Commission through January 8, 2001.

Bill· HRH.R. 3542 (101st)referred

To amend the Food Stamp Act of 1977 to require that certain children's clothing allowances, and certain costs associated with seeing eye dogs and hearing dogs, be deducted from income for purposes of determining benefits, and for other purposes.

United States · United States Congress · 27 October 1989

Amends the Food Stamp Act of 1977 to deduct or exclude from household income for purposes of food stamp program eligibility and benefits: (1) certain costs associated with seeing eye dogs and hearing dogs; and (2) certain children's clothing allowances.

Bill· HRH.R. 3519 (101st)referred

Rural Economic Sustainability Act of 1989

United States · United States Congress · 25 October 1989

Rural Economic Sustainability Act of 1989 - Amends the Rural Development Act of 1972 to provide assistance to rural counties to develop rural economic sustainability plans.

Bill· HRH.R. 3475 (101st)referred

To direct the Director of the Peace Corps to drape a flag of the United States over the casket of each deceased Peace Corps volunteer or former volunteer.

United States · United States Congress · 16 October 1989

Amends the Peace Corps Act to require the Director of the Peace Corps to drape a flag over the casket of a deceased Peace Corps volunteer or former volunteer. Requires such flag to be given to such individual's next-of-kin or, if no claim is made by the next-of-kin, to a close friend or associate. Prohibits a flag from being given to any other person if a flag is given to a friend or associate.

Bill· HRH.R. 3435 (101st)open

Rural Water and Waste Water Management Consolidation Act of 1989

United States · United States Congress · 11 October 1989

Rural Water and Waste Water Management Consolidation Act of 1989 - Directs the Secretary of Agriculture, during FY 1990 through 1994, to allocate at least 25 percent of specified rural water and waste facility grants for: (1) certain consolidated rural water and waste water cooperatives; and (2) unconsolidated cooperatives formed after the date of enactment of this Act. Sets forth the order of assistance priority.

Bill· HRH.R. 3413 (101st)referred

Coal Industry Health Benefit Stabilization Act of 1989

United States · United States Congress · 5 October 1989

Coal Industry Health Benefit Stabilization Act of 1989 - Authorizes the transfer of surplus assets from a coal industry pension plan to a coal industry health benefits plan, under specified conditions, without certain adverse effects in tax treatment under the Internal Revenue Code. Obliges specified employers to continue to contribute to multiemployer coal industry health benefits plans. Provides that nothing in this Act shall diminish or adversely affect any cause of action of such a plan, or its board of trustees, against an employer for contributions based on a collective bargaining agreement between the employer and a labor organization which is a settlor of the plan. Directs the United Mine Workers of America and the Bituminous Coal Operators' Association to report by February 1, 1994, on the effect of this Act on the delivery of retiree health benefits in the bituminous coal industry.

Bill· HRH.R. 3390 (101st)referred

To amend title 38, United States Code, with respect to certain veterans' education programs, and for other purposes.

United States · United States Congress · 2 October 1989

Directs the Secretary of Veterans Affairs to prepare a document containing a detailed description of the benefits, limitations, procedures, requirements, and other aspects of the education programs administered by the Department. Requires the Secretary to distribute the document: (1) to individuals applying for benefits under an education program administered by the Department and to such individuals receiving benefits at least annually thereafter; (2) to education and training institution officials on at least an annual basis; and (3) upon request, to other individuals affected by education programs administered by the Secretary, including military education personnel. Adds the chapter which pertains to training and rehabilitation for veterans with service-connected disabilities to existing law provisions which: (1) require the veteran and the educational institution offering a course in which such veteran is enrolled to report to the Secretary such enrollment and any interruption or termination of the education of such veteran; (2) require the Secretary, prior to making payment of a reporting fee to an educational institution, to require such institution to certify that it has exercised reasonable diligence in determining whether such institution or any course offered by such institution approved for the enrollment of veterans meets certain applicable requirements and that it will report any failure to meet any such requirement to the Secretary; and (3) authorize the Secretary to pay to any educational institution or to any joint apprenticeship training committee acting as a training establishment a reporting fee which will be in lieu of any other compensation or reimbursement for reports or certifications which such institution or training committee is required to submit to the Secretary. Repeals portions of the work-study allowance provision relating to the number of hours worked by veterans-students and the compensation received for such work. Changes the eligibility for such allowance from veteran-students who are pursuing full-time programs of rehabilitation, education, or training to individuals who are pursuing such programs at least half-time. Authorizes the Secretary to renew payment of previously discontinued educational assistance allowances only upon finding that: (1) the veteran will be resuming enrollment at the same educational institution in the same program and such institution has both approved the veteran's reenrollment and certified it to the Department of Veterans Affairs; or (2) in the case of a proposed change of either educational institution or program of education by the veteran, the cause of the unsatisfactory conduct or progress has been removed; the program proposed to be pursued is suitable to the veteran's aptitudes, interests, and abilities; and if a proposed change of program is involved, the change meets the requirements for approval under the change of program provisions of the Veterans' Benefits statute. Makes parallel changes with respect to the survivors' and dependents' educational assistance program. Provides that payment of an educational assistance allowance in the case of an eligible individual pursuing a program of education on less than a half-time basis shall be made in a lump-sum amount for the entire quarter, semester, or term not later than the last day of the month immediately following the month in which certification is received from the educational institution that such individual has enrolled and is pursuing a program at such institution. Provides for the reduction of the entitlement provided pursuant to the apprenticeship or other on-job training provisions.

Bill· HRH.R. 3382 (101st)referred

To provide grants to aid rural business and job creation in rural areas, to provide grants for emergency water assistance projects, and for other purposes.

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.

Bill· HRH.R. 3343 (101st)referred

To amend title 38, United States Code, to improve procedural rights of persons whose claims for benefits from the Department of Veterans Affairs are denied in whole or in part.

United States · United States Congress · 26 September 1989

Requires the Secretary of Veterans Affairs, in any case in which there has been either a disallowance of a veterans benefits claim or a partially awarded claim, to provide to the claimant a written statement setting forth notice of procedural rights of the claimant and the rationale for the disallowance. Requires that such statement: (1) be provided at each procedural stage relating to the disposition of a claim; (2) include a summary of the evidence supporting the disallowance or the partial award; (3) be in such forms as the Secretary prescribes by regulation; (4) include a description of each subsequent procedural stage before the Department of Veterans Affairs; (5) include a description of all rights of the claimant expressly provided for in the veterans' benefits code, the claimant's right to a hearing, to reconsideration, to appeal, and to representation, and any specific procedures necessary to obtain the various forms of review available for consideration of the claim; and (6) include such other information as the Secretary determines would be useful and practical to assist the claimant in obtaining full consideration of the claim. Adds parallel requirements with respect to the Chairman of the Board of Veterans' Appeals.

Bill· HRH.R. 3292 (101st)open

Food Safety Assurance Act of 1989

United States · United States Congress · 19 September 1989

Food Safety Assurance Act of 1989 - Title I: Cancellation and Suspension - Amends provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) relating to cancellation and changes in classification or other terms or conditions of registration with respect to the authority of the Administrator of the Environmental Protection Agency. Requires that a rulemaking under such provisions be based on a validated test or other significant evidence raising prudent concerns of unreasonable adverse effects to man or to the environment. Sets forth procedural requirements for such a rulemaking. Provides for amendment of a rule and for judicial review. Allows the Administrator, in the case of a suspension, to waive certain requirements. Allows the Administrator to elect to proceed with a special review proceeding or a public interim administrative review proceeding, if published before January 1, 1990, under the law in effect before enactment of this Act. Requires the Administrator to reassess each tolerance and exemption from the requirement for a tolerance at certain times in connection with reregistration of pesticides. Establishes the Science Review Board to assist the Scientific Advisory Panel in reviews conducted by the Panel. Revises procedures applicable after denial of an application for registration. Allows the Administrator to deny an application for registration because it does not comply with the requirements of a rule issued under provisions of this Act. Repeals provisions regulating the authority of the Administrator to initiate a public interim administrative review process. Declares a decision made after a hearing in certain circumstances during phase three of reregistration to be final. Amends provisions regulating: (1) review by district courts of suspension of registrations; and (2) public hearings. Title II: Data Collection - Directs the Secretary of Agriculture to collect by surveys on a biennial basis pesticide use data of State-level significance for all the major crops and crops of dietary significance. Authorizes appropriations. Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to add to the responsibilities of the Secretary of Agriculture that of establishing, with the Administrator of the Environmental Protection Agency (EPA), a committee to oversee coordination between the Department of Agriculture's conservation, commodity, research, and education programs and the EPA's pesticide regulatory activities. Requires the interagency coordinating committee to: (1) develop and oversee integrated pest management research and education initiatives targeted toward principal pests of crops, with an emphasis on crops which constitute significant human dietary exposure to pesticide residues and for which few pesticide alternatives exist; and (2) advise the Administrator regarding ways to take into account, in registration, reregistration, and cancellation actions, the implications of the emergency or severity of genetic resistance in pests to pesticides, or the viability and profitability of integrated pest management systems. Authorizes appropriations. Adds to the list of high priority research, for the purpose of grants by the Secretary of Agriculture under existing provisions, research to develop and refine integrated pest management techniques and other nonchemical or reduced chemical control technologies targeted toward crop pests, particularly those pests and crops which require applications of pesticides that may pose greater than a negligible risk to man or the environment. Title III: Authorizations - Increases the amount authorized to be appropriated to carry out the FIFRA for FY 1990 and 1991, earmarking the increased authorization for the implementation of regulations relating to certain ingredients in pesticide products. Title IV: Amendments to the Federal Food, Drug, and Cosmetic Act - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to define, subject to exception, "pesticide chemical" as it is defined in the FIFRA. Adds to the list of prohibited acts under the FDCA violation of provisions relating to confidentiality of data, as amended by this Act. Deems a food adulterated if it bears or contains: (1) a pesticide chemical residue that is unsafe; or (2) a new animal drug, or conversion product thereof, that is unsafe. Sets forth requirements relating to tolerances and exemptions from the requirement of a tolerance for pesticide chemical residues in food, including residues of degradation products. Prohibits establishment of a tolerance higher than a level the Administrator of the Environmental Protection Agency determines is adequate to protect the public health. Sets forth the factors the Administrator must consider. Allows a greater than negligible dietary risk if: (1) use protects from greater adverse health effects to humans or the environment; (2) use avoids greater risks from another pesticide; or (3) the unavailability of the pesticide would reduce the availability of an adequate, wholesome, and economical domestic supply of the food, and the adverse effects from the reduction would outweigh the risk posed by the residue. Allows the Administrator to issue an exemption from the requirement for a tolerance only if the Administrator determines that a tolerance is not needed to protect the public health, in view of the levels of dietary exposure that could reasonably be expected to occur. Sets forth the factors the Administrator must consider. Sets forth procedures and requirements in connection with: (1) petitions for tolerances or exemptions; (2) certain actions authorized on the Administrator's own initiative; (3) the required submission of additional data to support the continuation of a tolerance or exemption; and (4) confidentiality of data submitted to the Administrator. Provides for continuation of previously issued regulations. Sets forth transitional provisions. Prohibits a final rule that revokes, modifies, or suspends a tolerance or exemption until the Administrator has taken any necessary action under the FIFRA with respect to the registration of the pesticide involved. Requires the Administrator, if the Administrator takes certain actions with respect to the registration of a pesticide, to revoke any tolerance or exemption that allows the presence of the chemical or chemical residue. Requires the suspension of any tolerance or exemption upon the suspension of the use of an associated registered pesticide. Provides for: (1) tolerances for unavoidable residues in the case of a residue of a canceled or suspended pesticide chemical that will unavoidably persist in the environment and thereby be present in or on a food; and (2) residues resulting from an application which was lawful at the time of the application. Directs the Administrator to require the payment of fees sufficient for the Administrator's functions under these provisions. Prohibits, subject to exception, a State from establishing or enforcing any limit on a qualifying pesticide chemical residue in or on any food which is not identical to Federal requirements. Prohibits a State from enforcing a residue limit which was lawful at the time of application. Authorizes appropriations for increased monitoring by the Secretary of Health and Human Services of pesticide residues in imported and domestic food.

Bill· HRH.R. 3274 (101st)open

To fund the essential air service program from the Airport and Airways Trust Fund, and for other purposes.

United States · United States Congress · 14 September 1989

Amends the Internal Revenue Code to make funds from the Airport and Airway Trust Fund available for the essential air transportation program under the Federal Aviation Act of 1958. Authorizes the Secretary of Transportation to enter into contracts and agreements to provide essential air services prior to September 30, 1998.