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Official portrait of Sen. Durenberger, Dave [R-MN]

Sen. Durenberger, Dave [R-MN]

United States · Official source

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3,436 records where Sen. Durenberger, Dave [R-MN] is listed as a sponsor, author, or other actor. Search with topics and years

Law· SJRESS.J.Res. 150 (101st)enacted

A joint resolution to designate August 1, 1989, as "Helsinki Human Rights Day".

United States · United States Congress · 7 June 1989

Designates August 1, 1989, as Helsinki Human Rights Day. Requests the President to: (1) reassert American commitment to the Helsinki Accords; (2) raise the issue of noncompliance with such Accords with any signatory nation which may be in violation, in particular, the Soviet Union, Bulgaria, Czechoslovakia, the German Democratic Republic, Hungary, Poland, and Romania; (3) convey to all signatories of such Accords that respect for human rights and fundamental freedoms is vital to progress in the ongoing Helsinki process; and (4) convey to U.S. allies the necessity of unity regarding such Accords.

Bill· SS. 1129 (101st)reported

A bill to amend the Internal Revenue Code of 1986 to simplify the antidiscrimination rules applicable to certain employee benefit plans.

United States · United States Congress · 6 June 1989

Amends the Tax Reform Act of 1986 to delay until 1990 the effective date of the nondiscrimination requirements for benefits provided under certain employee benefit plans. Amends the Internal Revenue Code to revise such nondiscrimination requirements by requiring the taxation of the excess health benefits of a highly compensated employee. Excludes from such requirements certain students, certain elderly, and prisoners. Imposes an excise tax on employers or employer plans if an employee benefit plan fails to satisfy certain administrative requirements. Restores prior law with respect to nondiscrimination requirements of group-term life insurance plans. Authorizes an employer to elect to use current nondiscrimination rules for years beginning 1990 or 1991 as they apply to health plans and dependent care assistance programs. Revises provisions relating to the nontaxable benefits of employers of leased employees, dependent care assistance, and group-term life insurance provided to highly compensated employees.

Resolution· SCONRESS.Con.Res. 41 (101st)referred

A concurrent resolution expressing the sense of the Congress relating to the human rights conditions of Jews in Ethiopia.

United States · United States Congress · 2 June 1989

Expresses the sense of the Congress that: (1) a primary condition for improvement of U.S.-Ethiopian relations should be progress in human rights conditions for Ethiopian Jews; (2) the President and the Congress should condition any potential resumption of U.S. aid to Ethiopia on that government's progress in respecting human rights; and (3) the President should instruct U.S. representatives at international forums to exert pressure on the government to implement a policy for the sustained emigration of Ethiopian Jews and the reunification of separated Ethiopian families.

Bill· SS. 1089 (101st)open

A bill to authorize appropriations for the Office of Environmental Quality, for fiscal years 1989, 1990, 1991, 1992, and 1993, and for other purposes.

United States · United States Congress · 1 June 1989

Amends the National Environmental Policy Act to include extraterritorial actions, with specified exceptions, within the category of Federal actions which affect the quality of the human environment and require the submission of environmental impact statements. Modifies provisions regarding the content of such statements. Requires the President to report annually to the Congress on a strategy for achieving certain environmental policy goals under such Act. Directs the Council on Environmental Quality to promulgate regulations implementing such Act for all Federal agencies, including independent regulatory commissions. Requires the Council to establish guidelines for Federal agencies to review and report to the Council on a statistically significant sample of environmental impact statements prepared by such agencies in which measures were specified for the mitigation of adverse environmental effects, including impacts on fish and wildlife populations and habitat, that were predicted to result from the action. Requires each review to assess the implementation of mitigation measures and the accuracy and effectiveness of predicted adverse impacts and their mitigation. Directs the Council to include a summary of the results of such reviews in its annual report to the Congress. Amends the Environmental Quality Improvement Act of 1970 to authorize appropriations for FY 1989 through 1993 for the operations of the Office of Environmental Quality and the Council on Environmental Quality.

Bill· SS. 1115 (101st)referred

A bill to amend the Rural Electrification Act of 1936 to permit the prepayment and refinancing of Federal Financing Bank loans made to rural electrification and telephone systems, and for other purposes.

United States · United States Congress · 1 June 1989

Amends the Rural Electrification Act of 1936 to permit Rural Electrification Administration borrowers to prepay Federal Financing Bank loans without penalties if: (1) private capital is used to replace or prepay such loans; and (2) any savings will be used to mitigate future rate increases, passed on to customers, or used to improve the borrower's financial strength. Permits such borrowers to refinance outstanding long-term Federal Financing Bank loans for a specified fee. Requires the borrower to obtain a change in the interest rate on such loan from its present level to the rate then in effect for new Federal Financing Bank loans.

Bill· SS. 1113 (101st)open

Waste Minimization and Control Act of 1989

United States · United States Congress · 1 June 1989

Waste Minimization and Control Act of 1989 - Title I: General Amendments - Amends the Solid Waste Disposal Act to establish a waste prevention and management policy that gives priority in the following order to: (1) source reduction; (2) recycling; (3) energy recovery; (4) waste treatment; and (5) contained disposal. Establishes as a national goal the recycling of waste to the maximum extent consistent with market demand for recycled materials and the creation and expansion of markets for recycled materials. Authorizes appropriations for FY 1989 through 1993 for purposes of carrying out this Act. Title II: Solid Waste Management - Requires that State solid waste management plans: (1) identify the amount of wastes by type that are expected to be generated within the State or accepted from another State during the ensuing 20-year period; (2) identify waste management capacity needs for the same period; (3) require the development of new solid waste management facilities to satisfy such capacity needs and a process for siting such facilities; (4) identify and provide for the collection of recyclable materials, including the development and stabilization of markets for such recyclables; and (5) establish solid waste management practices, based on the State's environmental and economic conditions, which are consistent with this Act's waste reduction and recycling goals. Provides for the loss of Federal financial assistance for failure to submit an approved State plan. Sets forth a schedule for the reduction of such assistance. Prohibits the storage, treatment, disposal, or transportation of solid waste one year after this Act's enactment except in accordance with a permit issued by a State or the Environmental Protection Agency (EPA). Sets forth requirements for interim status permits. Requires the EPA to issue or deny such permits unless a State certifies that its laws provide the regulatory authority and personnel necessary to implement a permit program. Prohibits the issuance of permits by an agency or person (other than a Governor) responsible for the design, construction, or operation of a unit. Requires that such permits be issued for a fixed term not to exceed ten years and contain conditions that will assure compliance with solid waste management guidelines to be developed by the EPA Administrator. Requires such guidelines to be developed for the management of: (1) municipal solid waste; (2) municipal waste combustion ash; (3) emissions from municipal waste incineration facilities; (4) medical wastes; (5) mining wastes; (6) specified industrial solid wastes; (7) oil, gas, and geothermal wastes; and (8) other solid wastes. Requires such guidelines to include requirements regarding: (1) the siting of solid waste sources; (2) construction quality assurance with respect to the installation of sources; (3) the licensing and training of persons who install or operate sources; (4) the design, operation, and maintenance of sources; (5) the monitoring of releases to air, soil, and surface and ground water; (6) the separation or treatment of sources prior to disposal or incineration; (7) corrective action in response to such releases; (8) closure and postclosure care; (9) the maintenance of records of a leak detection, sampling, or monitoring system; and (10) the maintenance of evidence of financial responsibility. Sets forth minimum guidelines for each category of solid waste. Amends the Clean Air Act to direct the Administrator to promulgate performance standards to control emissions of particulate matter, opacity, sulfur dioxide, hydrogen chloride, oxides of nitrogen, carbon monoxide, lead, cadmium, mercury, halogenated organic compounds, dioxins, and dibenzofurans from new or modified municipal waste incineration units and from units which begin operation after July 1, 1989, with specified exceptions. Requires that such standards reflect the greatest degree of emission limitation achievable through application of the best available control technologies and practices, unless the Administrator determines that such degree will not be achievable by units for reasons that are unique to the units or locations of such units. Deems specified practices and control technologies to be available. Requires that such standards be promulgated within 18 months of this Act's enactment, take effect within six months of promulgation, and be reviewed and, if necessary, revised within five years of promulgation and every five years thereafter. Extends the effective date for such standards for units which require the installation of an acid gas scrubber to comply with such standards. Requires existing units to comply with such standards within four years of promulgation. Prohibits the issuance of permits to any unit unless a permit pursuant to the Solid Waste Disposal Act for the treatment, storage, or disposal of municipal waste combustion ash has been issued. Directs the Administrator to promulgate regulations and emission control standards requiring existing units and units which are substantially completed before January 1, 1989, to meet such standards within at least six years. Establishes specific, minimum emission limitations for carbon monoxide, particulate matter, sulfur dioxide, and hydrogen chloride emissions from such units. Requires owners or operators of municipal incinerators to: (1) monitor emissions at the point such emissions move into the ambient air and at other points as necessary to protect human health and the environment; (2) monitor other parameters relating to the operation of the unit and its pollution control technology; and (3) report the results of such monitoring. Sets monitoring standards, including ones for continuous and periodic monitoring. Authorizes the Administrator to require unit owners or operators to establish and operate or pay for a program to detect impacts of the unit on humans or the environment, including the testing for and reporting of significant levels of contaminants. Authorizes the Administrator or States to request the Administrator of the Agency for Toxic Substances and Disease Registry to conduct health assessments, studies, or surveillance when exposure to municipal waste incinerator unit emissions may pose a potential health risk. Sets a 20-year limit on unit permits. Provides for the termination of such a permit if: (1) the unit is not in compliance with permit terms and conditions; (2) compliance with additional conditions will impose minimal costs on the unit owner or operator and reduce air emissions below levels specified in the permit; or (3) capacity to treat or dispose of the ash from such unit for a five-year period has not been demonstrated. Requires permits to be reviewed at least once every five years. Authorizes concurrent State enforcement of unit emission standards, provided such enforcement is equivalent to Federal enforcement under this Act. Requires that civil penalties imposed against municipalities pursuant to this Act be applied in support of public programs and activities that enhance the protection of the health and environment of their residents. Directs the Administrator to publish guidelines identifying items or materials that should be removed from municipal waste prior to incineration. Requires unit operators to establish contractual requirements or notification and inspection procedures to assure that units do not receive such items or materials. Directs the Administrator to establish a model State program for the training and certification of municipal waste incinerator operators. Requires operators to pass such training and be certified by an authorized State program. Includes as major emitting facilities under the Clean Air Act municipal incinerators capable of charging more than 50 tons of refuse per day. (Currently, only incinerators charging more than 250 tons per day are included.) Amends the Solid Waste Disposal Act to authorize the Administrator to assess civil penalties and/or issue a compliance order, or commence a civil action against violators of permits or solid waste management guidelines, if a State fails to take action. Authorizes the imposition of civil and/or criminal penalties. Prohibits the export of solid waste for disposal, incineration, or recycling except where there is an agreement between the United States and the receiving country that establishes notice, export, and enforcement procedures and standards protective of human health and the environment for the transportation and management of such wastes. Prohibits the export to Canada of solid waste, 24 months after this Act's enactment, unless the United States and Canada have entered into such an agreement. Authorizes the Administrator to prohibit such exports when there is reason to believe that the handling of such waste may threaten human health or the environment. Requires exporters of solid waste to register with and submit specified export information to the Administrator who shall report annually to the Congress on such information. Authorizes appropriations for grants to States and rural communities for the development and implementation of solid waste reduction and recycling plans. Authorizes and directs the Administrator to make grants to all States with a population density of ten persons or less per square mile to conduct feasibility studies or operate recycling demonstration programs. Authorizes appropriations. Title III: Waste Reduction and Recycling Act of 1989 - Directs the Administrator to establish: (1) a national performance efficiency standard concerning the release of hazardous substances; (2) a national goal for each State of 25 percent municipal solid waste recycling within four years, 50 percent within ten years, and a ten percent municipal solid waste reduction within four years; (3) responsibility within the EPA for the provision of waste reduction and recycling outreach and technical assistance to States and the industrial and educational communities; (4) the requirement that the responsible office for waste reduction and recycling activities review and sign-off on EPA actions; and (5) a national packaging institute to develop voluntary packaging standards that encourage waste reduction and recycling and programs of consumer education regarding packaging. Directs the Administrator to establish within the Office of the Administrator a multimedia Office of Waste Minimization with a separate section solely responsible for waste reduction activities. Authorizes the Administrator to make grants to States to assist States in developing and implementing programs to promote the use of waste reduction and recycling techniques by businesses, local governments, or regional waste management authorities. Limits the Federal share of program funding to 50 percent. Directs the Administrator to establish a waste reduction clearinghouse to compile information generated by grant recipient States on management, technical, and operational approaches to waste reduction and recycling. Prohibits persons who are required to file a toxic chemical release form under the Superfund Amendments and Reauthorization Act of 1986 from releasing into the environment more than five percent of production throughput of hazardous substances. Authorizes the Administrator or a State to waive such standard on a plant by plant basis if meeting it is not technically feasible, the plant has installed and is operating continuous monitoring, has adopted all available waste minimization procedures, and all releases are in the form of managed waste or in compliance with applicable clean water or clean air permits. Requires plant owners or operators to submit to the State or Administrator plans to quantify and report on the manner in which each hazardous substance is consumed, used, or released. Directs the Administrator to report to the Congress on waste efficiency rates by manufacturing category or process, the efficiency levels that each industry can reasonably be expected to achieve within five years, and the extent to which technical assistance may be needed. Deems manufacturers to be in compliance with such standard if they have continuous emission and environmental monitoring equipment installed within 48 months of this Act's enactment, continue to comply with appropriate environmental permits, and report monitoring data to local, State, and Federal regulatory agencies. Requires that persons who are required to file the toxic chemical release form and are unable to account for a hazardous substance as product or permitted discharge or emissions or as managed waste to install, operate, and maintain continuous monitoring technology within one year of such failure. Requires such persons who release toxic chemicals in violation of any clean air, NPDES, or waste management permit to be required to install, operate, and maintain continuous monitoring technology as part of any enforcement action. Directs the Administrator to report to the Congress: (1) by September 30, 1990, and biennially thereafter on actions taken to implement waste reduction and recycling goals; (2) within two years of this Act's enactment, on the EPA's program to insure the consideration of multi-media impacts in EPA policies, regulations, and guidance, with recommendations for a permanent location of an office of waste minimization and recycling; and (3) within 36 months after this Act's enactment, on an evaluation of the capacity of industry to reduce waste volume and toxicity. Authorizes the Administrator to charter a National Packaging Institute which shall promote packaging standards and practices which minimize the quantity of packaging materials that are consumed, reduce litter, and do not adversely affect human health and the environment. Permits the Institute to design and license the use of a seal or symbol which may be employed by the licensed users on packages which satisfy Institute standards. Authorizes the Administrator to conduct a program of public information and education on the impact of packaging on natural resource consumption and the Nation's solid waste management system, and the benefits of implementing the Institute's standards. Authorizes appropriations through FY 1993 for grants to the Institute. 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 EPA on the implementation of such plans. Requires Federal contractors to use recycled material in performance of any contract for $1,000,000 or more, unless the contractor certifies that recycled material is not available or not available at a cost of not more than ten percent more than non-recycled materials. Directs the Administrator to publish and submit to the Congress a list of at least ten products which identifies hazardous substances most frequently found in such products which present a risk to human health and the environment when incinerated or disposed. Provides for regulation of the disposal or incineration of such products. Prohibits the land disposal and incineration of lead-acid and mercury batteries. Directs the Administrator to promulgate performance standards and other requirements necessary to protect the public health and the environment from hazards associated with recycled lead-acid and mercury batteries. Exempts transporters of lead-acid and mercury batteries from certain liability provisions of the Comprehensive Environmental Response, Compensation, and Liability Act if such batteries are not mixed with other hazardous substances and are managed in compliance with standards promulgated under the Solid Waste Disposal Act. Requires the Federal procurement of recycled materials if the recycled materials are available at no more than ten percent of the price of alternative items. Requires the EPA to reissue its paper procurement guidelines to ensure that they are consistent with such requirement and to promulgate final procurement guidelines requiring the use of recycled lead in lead-acid batteries, used tire fragments in road cover, compost from yard waste and sewage sludge, recycled plastic from discarded bottles, recycled steel from discarded cans, recycled glass from discarded containers, and recycled aluminum from discarded cans.

Bill· SS. 1112 (101st)open

Municipal Solid Waste Source Reduction and Recycling Act of 1989

United States · United States Congress · 1 June 1989

Municipal Solid Waste Source Reduction and Recycling Act of 1989 - Amends the Solid Waste Disposal Act to establish as national goals: (1) a ten percent reduction in municipal solid waste by 1993 as a result of source reduction; (2) a 25 percent reduction in such waste by 1993 as a result of recycling; and (3) a 50 percent reduction in such waste by 1999 as a result of recycling. Directs the Administrator of the Environmental Protection Agency to: (1) promote source reduction and recycling methods and opportunities by providing technical assistance to States, local governments, and the business, industry, and educational communities; (2) promote public understanding of and participation in source reduction and recycling programs; and (3) propose strategies to reduce toxic constituents in consumer products. Requires the Administrator to establish an Office of Waste Reduction to carry out responsibilities under this Act. Directs the Administrator to promulgate regulations to carry out this Act to include requirements for: (1) a standardized methodology for calculating costs of solid waste management; (2) decisionmaking models to assist State and local governments in the selection and integration of waste management services; (3) criteria for use of a standardized, national recycling seal or symbol; (4) a standardized label identifying the plastic resin used in products; and (5) specified national packaging standards. Requires the Administrator to: (1) implement an education and information program to foster an understanding of the benefits of source reduction and recycling; and (2) establish a source reduction clearinghouse to collect, evaluate, and disseminate information on the effectiveness of source reduction and recycling techniques. Prohibits the use of: (1) cadmium as a pigment and the importation of products containing cadmium as a pigment; and (2) cadmium for all other nonessential purposes and the importation of products containing cadmium for such purposes. Deems the use of cadmium to be nonessential where alternative substances which present less of a threat to human health and the environment are available. Directs the Administrator to promulgate regulations concerning the production, distribution, or disposal of any product (including products containing lead, mercury, cadmium, and other heavy metals) which, on the basis of its constituents, disposal, or incineration, presents a threat to human health or the environment. Prohibits: (1) the placement of lead-acid batteries in landfills and the incineration of such batteries; (2) the placement of used lead-acid batteries in mixed municipal solid waste or the disposal of such batteries except by delivery to automotive battery retailers or wholesalers, permitted secondary lead smelters, or State-approved collection or recycling facilities; and (3) the disposal of such batteries by battery retailers or wholesalers except by delivery to permitted secondary lead smelters, State-approved collection or recycling facilities, battery manufacturers or, in the case of a retailer, agents of battery wholesalers. Provides that each improperly-disposed battery shall constitute a separate violation of this Act. Requires persons selling lead-acid batteries to accept from customers used batteries of the type and quantity equal to the number of new batteries purchased, if offered. Directs retailers of such batteries to post notices in public areas of retail establishments that: (1) state that it is illegal to throw away motor vehicle or lead-acid batteries and that Federal law requires an exchange of used batteries for new batteries purchased; and (2) encourage recycling of used batteries. Prohibits the sale of any lead-acid battery after 1989 unless such battery bears a label containing such language. Requires the Administrator to establish a Products and Packaging Advisory Board. Directs the Board to report to the Administrator on a program to: (1) minimize the quantity of packaging and other material in the waste stream; (2) minimize the consumption of scarce natural resources in production and use of packaging; (3) eliminate the use of toxic constituents in packaging; (4) maximize packaging recycling and reduce litter; (5) assure that human health and the environment will not be affected adversely by the use and disposal of packaging; and (6) include use of recycling seals for consumer information, mandatory labeling for plastic containers, and national packaging standards. Requires the Administrator to prepare guidelines for Federal agency procurement of glass, metals, plastic, compost, and rubber from ground tires. Directs the Administrator of the General Services Administration to report annually to the Congress on items procured by Federal agencies and include an analysis of the procurement of products containing recycled materials and obstacles to obtaining such materials. Requires Federal agencies to develop waste reduction plans to facilitate: (1) dual-sided copying; (2) paper waste reduction; (3) the purchase of products that contain recycled materials or can be recycled; (4) the purchase of nonhazardous products; and (5) the replacement of plastic food utensils with washable or recyclable tableware. 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. Directs Federal contractors to use recycled material in performance of any contract for $1,000,000 or more, unless the contractor certifies that recycled material is not available or not available at a cost of not more than ten percent more than non-recycled materials. Requires State solid waste management plans to: (1) identify the amounts and types of municipal solid wastes and industrial wastes that are expected to be generated within the State or accepted from another State during the ensuing 20-year period; (2) include projections of State capacity to manage such wastes; (3) include estimates of the volumes of such wastes that will not require management in landfills or incinerators; (4) establish a hierarchy for solid waste management practices; (5) include provisions for the removal from the waste stream and safe management of any product designated to be a threat to human health or the environment; (6) inform taxpayers of the nature of waste management services and the amount of taxes attributable to such services; (7) identify and promote markets for recyclable materials; (8) list all municipal solid waste landfills at which the recovery of methane gas is economically and technically feasible; (9) describe current and proposed programs to promote source reduction and recycling; and (10) facilitate the siting of environmentally sound facilities for the transportation, separation, and processing of recyclable materials. Prohibits the Federal financing or the issuance of any permit under this Act, the Clean Water Act, or the Clean Air Act for any new or modified municipal waste incineration unit: (1) if the EPA Administrator determines that the State does not have an approved plan in accordance with this Act or has not taken reasonable steps to achieve the goals of this Act; and (2) unless, in the case of new units, the State or other entity designing, constructing, or operating the unit certifies that no more than 50 percent of the waste generated annually by such unit will be incinerated annually. Sets forth additional required State plan provisions (unless the State demonstrates that such provisions are not practicable) to include: (1) a policy requiring the State and political subdivisions of the State to procure products made with recycled materials whenever such products do not exceed by more than ten percent the cost of similar products using nonrecyclable materials; (2) a program to encourage composting of yard waste; (3) a system for curbside pickup of source-separated materials or separation at recycling facilities, or both; and (4) a policy requiring recyclable materials in solid waste to be separated prior to deposition in municipal landfills, waste-to-energy facilities, or waste treatment facilities and a surcharge on tipping fees for any such waste from commercial establishments or office buildings that is delivered to such facilities without being separated. Requires the Administrator to report to the Congress: (1) biennially on actions taken to implement this Act; and (2) five years after this Act's enactment on procurement requirements under the Solid Waste Disposal Act. Authorizes the Administrator to issue grants to States for encouraging source reduction and recycling. Provides that such grants shall be funded by the Source Reduction and Recycling Trust Fund. Makes ineligible to receive such grants States which do not have approved plans (or have not taken steps to implement plans) within five years of this Act's enactment. Allocates Fund moneys as follows: (1) 35 percent for annual recycling grants to States; (2) five percent for source reduction grants to States, counties, localities, and businesses to promote innovations in source reduction; (3) 30 percent for source reduction grants to States to assist in low-interest loans or guarantees to businesses and industries for implementing source reduction measures or manufacturing recyclable products; (4) ten percent for research grants to universities, businesses, and other institutions for research on source reduction, recycling, or disposal of recyclable materials; (5) five percent for rural assistance grants to States to assist rural areas in complying with State plans; and (6) 15 percent to be appropriated to the Administrator for carrying out this Act. Limits specified grants to 50 percent of the total cost of a project. Prohibits assistance from being used for the acquisition of land or interest in land. Requires the Secretary of Commerce to report biennially to the Congress on progress in implementing this Act, including recommendations on the need to continue or revise loan programs under this Act. Directs the Secretary to give priority to assisting exporters of recyclable materials and products containing such materials in identifying foreign markets and securing favorable financial terms for such exports. Requires the Secretary to report to the Congress on national and international markets for recyclable materials and include a methodology for market analysis to be made available to States. Authorizes the Administrator to assess civil penalties, issue compliance orders, or commence civil actions for violations of this Act. Prescribes criminal penalties for certain knowing violations. Provides for judicial review of final actions and citizen lawsuits.

Bill· SS. 1067 (101st)referred

High-Performance Computing Act of 1990

United States · United States Congress · 18 May 1989

National High-Performance Computer Technology Act of 1989 - Title I: National High-Performance Computer Technology Program - Amends the National Science and Technology Policy, Organization, and Priorities Act of 1976 to direct the President, through the Federal Coordinating Council for Science, Engineering, and Technology (Council), to develop and implement a National High-Performance Computer Technology Plan, to be submitted to the Congress within one year of this title's enactment and revised at least biennially. Requires the plan to recommend a five-year proposal of goals and priorities for a Federal high-performance computer technology program. Describes required plan contents, including funding requirements and suggested roles for various Federal agencies. Designates the Council as the lead entity responsible for development and implementation of the plan, directing it to coordinate related activities among the agencies, review budget estimates, and work with the National Research Council and other researchers and potential users of the research. Suggests responsibilities appropriate to specified Federal agencies. Directs each Federal entity involved in high-performance computing to submit, as part of its annual budget request, a report to the Office of Management and Budget on the role of its activities with regard to the plan and relevant budget requests. Instructs the Chairman of the Council to submit to the President and to the Congress, by March 1 annually, a report on plan achievements and progress. Title II: National Research and Education Network - Directs the National Science Foundation (NSF) to provide for the establishment of a three gigabit-per-second computer network, to be known as the National Research and Education Network, with provisions for certain user charges, to link government, industry, and higher education. Requires the Council to: (1) establish a National Network Advisory Committee; (2) submit a report to the Congress evaluating effective mechanisms for providing operating funds for the long-term maintenance and use of the Network; and (3) allow Federal research grant recipients to use grant moneys to pay for computer networking and other telecommunications expenses. Requires the Department of Defense, through the Defense Advanced Research Projects Agency, to be responsible for research and development of needed advanced fiber optics technology, switches, and protocols. Requires the National Institute of Standards and Technology (NIST) (formerly the National Bureau of Standards) to develop common standards for network activities to provide interoperability, common user interfaces to systems, and enhanced security. Directs the National Telecommunications and Information Administration to determine the effect of current telecommunications regulations on private industry participation in the data transmission field and to report its findings to the Congress within one year of this Act's enactment. Authorizes FY 1990 through 1994 appropriations. Title III: National Information Infrastructure - Directs the NSF to coordinate the development of a national science and technology information infrastructure of data bases and knowledge banks accessible through the Network. Title IV: Software - Requires the Office of Science and Technology Policy (OSTP) to oversee the cooperative efforts of Federal departments and agencies in the research and development of high-performance computer software. Requires the NSF to: (1) establish clearinghouses to validate and distribute unclassified software developed by federally funded researchers and other software in the public domain; and (2) place special emphasis on the development of artificial intelligence (AI) and establish joint research programs among government, industry, and higher education to develop AI applications. Requires the NIST to develop standards for software programs purchased or developed by the Federal Government that promote development of interoperable software systems. Requires procurement regulations of departments and agencies to be changed so that contractors providing software to the Government are no longer required to forfeit the proprietary software development tools that they used to develop the software. Authorizes appropriations to the OSTP for distribution to relevant agencies for computer software research and development for FY 1990 through 1994. Title V: Computer Systems - Requires the NSF to ensure that the national supercomputer centers in the United States continue to have the most advanced, commercially available supercomputers produced by U.S. manufacturers. Requires Federal agencies to procure prototype or early production models of new high-performance computer systems and subsystems to stimulate development in the American high-performance computer industry. Directs the Secretary of Commerce, within 60 days of enactment of this Act, to review and report to the Congress on export controls that hinder the development of foreign markets for U.S. supercomputer and other high-performance computer technology manufacturers. Authorizes appropriations to the OSTP, for distribution as specified in the Plan, for research in computational science and engineering for FY 1990 through 1994. Title VI: Basic Research and Education - Requires the OSTP to: (1) support basic computer technology research; (2) create technology transfer mechanisms to make basic research results readily available to U.S. industry; (3) promote basic research in computer science, computational science, electrical engineering, and material science; and (4) educate more researchers in computer science and computational science. Authorizes appropriations to the NSF to support basic research and training of scientists and engineers in specified fields for FY 1990 through 1994.

Bill· SS. 1045 (101st)open

National Environmental Policy on International Financing Act of 1989

United States · United States Congress · 18 May 1989

National Environmental Policy on International Financing Act of 1989 - Amends the National Environmental Policy Act of 1969 to require that before casting the U.S. vote on a proposed action by an international financial institution significantly affecting the quality of the environment, the appropriate Federal official request such institution to furnish an environmental impact statement. Requires such official to identify: (1) any minimum criteria not met; and (2) any pertinent information absent from the statement but available elsewhere. Requires such official to: (1) inform the management of such institutions of the expected nature of such statements; and (2) begin negotiations with their personnel to facilitate the conduct of environmental impact assessments. Directs the Secretary of the Treasury to: (1) make Federal personnel available upon request to assist an institution in making such assessments; (2) take steps with both donor and borrower nations to expand international consensus on environmental needs; and (3) file a detailed status report with specified congressional committees on the institution's implementation of procedures for systematically assessing the environmental impact of its activities. Directs the Council on Environmental Quality to report to certain congressional committees on the efficacy of U.S. efforts to encourage timely environmental impact assessment within international financial institutions.

Bill· SS. 1053 (101st)referred

Title V Infant Mortality Reduction Act of 1989

United States · United States Congress · 18 May 1989

Title V Infant Mortality Reduction Act of 1989 - 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.

Resolution· SCONRESS.Con.Res. 40 (101st)open

A concurrent resolution to designate June 21, 1989, as Chaney, Goodman, and Schwerner Day.

United States · United States Congress · 18 May 1989

Designates June 21, 1989, as Chaney, Goodman, and Schwerner Day. Expresses the sense of the Congress that the Voting Rights Act of 1965 has helped to fulfill the promise of democracy in this Nation. Reaffirms the goal of removing remaining barriers to full voter participation in this Nation.

Bill· SS. 1000 (101st)referred

A bill to amend the Agricultural Act of 1949 to require the Secretary of Agriculture to exclude the malting barley price from the national weighted market price for barley in determining the payment rate used to calculate deficiency payments for the 1989 and 1990 crops of barley, and for other purposes.

United States · United States Congress · 16 May 1989

Amends the Agricultural Act of 1949 to exclude the malting barley price from 1989 and 1990 barley deficiency payment rate determinations.

Bill· SS. 1002 (101st)referred

A bill to amend the Solid Waste Disposal Act.

United States · United States Congress · 16 May 1989

Amends the Solid Waste Disposal Act, with respect to the standards applicable for cleanup of hazardous waste at steel and aluminum manufacturing facilities, to require that groundwater correction measure standards be met at the facility's property boundary (rather than at the boundary of each individual solid waste management unit). Requires groundwater monitoring at facility boundaries and other locations. Requires the establishment by facility owners or operators of a fund to provide financial responsibility for monitoring and corrective measures for 30 years following cessation of operations.

Bill· SS. 979 (101st)referred

Rural Medical Assistance Facilities Act of 1989

United States · United States Congress · 11 May 1989

Rural Medical Assistance Facilities Act of 1989 - Directs the Secretary of Health and Human Services to make ten to 15, four-year grants to no more than six States covering 90 percent of the costs of transforming a rural hospital into a medical assistance facility. Authorizes appropriations for such grant program. Amends title XVIII (Medicare) of the Social Security Act to cover services provided by medical assistance facilities. Requires that such facilities: (1) be located in rural areas at least 30 miles from a hospital; (2) have less than 50 beds; (3) provide emergency care, stabilization care, and basic inpatient care for stays not exceeding four days; (4) provide ambulatory care in accordance with standards to be established by the Secretary; (5) receive quality assurance and utilization review services; (6) agree to participate in the Medicaid program (title XIX of the Act); and (7) have transfer and discharge planning agreements with referral hospitals. Authorizes such facilities to provide obstetric services and outpatient surgical care pursuant to protocols to be established by the Secretary. Makes Medicare rural hospital staffing requirements applicable to medical assistance facilities, but authorizes facility care to be provided by nurse practitioners or physician assistance pursuant to protocols developed by the Secretary so that such facilities have flexibility in meeting physician "on-call" requirements. Exempts such facilities from hospital 24-hour service requirements. Authorizes the Secretary to develop a methodology for reimbursing medical assistance facilities which differs from that used in reimbursing hospitals. Amends the Medicaid program to cover services provided by medical assistance facilities. Sets forth reporting requirements.

Bill· SS. 980 (101st)referred

Low-Income Housing Credit Act of 1989

United States · United States Congress · 11 May 1989

Low-Income Housing Credit Act of 1989 - Amends the Internal Revenue Code to make permanent the low-income housing income tax credit (under current law the credit will expire after tax year 1989). Permits States a one-year carryover of unused credit authority. Assigns carryovers to the Secretary of Housing and Urban Development to allocate to eligible States applying for excess credit. Allows the credit only if an extended low-income housing commitment (beyond the current 15-year period) is in effect with respect to any building for the relevant taxable year. Describes procedures to effect transition to a non-low-income use in connection with such extensions. Permits the credit in connection with the acquisition of an existing building only if the taxpayer incurs rehabilitation expenditures of at least $3,000 per unit. Revises rent restrictions to: (1) declare unnecessary a required rent reduction below the initial rent if the median gross income of the area decreases; (2) permit higher rent if units are occupied by higher income individuals and the project has an operating deficit; (3) base income limitations on the number of bedrooms in a unit; and (4) use State median gross income in certain low-income housing status determinations. Broadens categories of existing buildings eligible for a waiver of the ten-year requirement for the low-income housing credit. Revises credit provisions relating to single-room occupancy units and special needs housing. Revises restrictions that limit credit benefits in connection with buildings financed with tax-exempt bonds and below market loans. Permits the credit to be allocated: (1) on a project basis; and (2) in connection with owner-occupied buildings of four units or less if a development plan is submitted. Directs housing credit agencies to adopt plans for allocating credit amounts among projects, prohibiting the credit with respect to any building not included in such a plan. Modifies at-risk rules in connection with buildings subject to the historic rehabilitation credit and those associated with financing provided by certain nonprofit organizations. Sets the tax credit rate on a semiannual basis rather than monthly. Increases the credit in connection with buildings in high cost areas (low-income census tracts or difficult development areas). Establishes special rules for determining the eligible basis and applying at-risk rules in connection with qualified buildings acquired in foreclosures.

Resolution· SCONRESS.Con.Res. 36 (101st)referred

A concurrent resolution expressing the sense of Congress regarding the problem of geographical variations under the current medicare physician reimbursement system.

United States · United States Congress · 10 May 1989

Expresses the sense of the Congress that the problem of geographical variation in physician reimbursement under title XVIII (Medicare) of the Social Security Act needs to be addressed so that only those variations justified by regional differences in the cost of medical practice or the need to maintain access to high quality health care are permitted.

Bill· SS. 949 (101st)referred

Medicaid Children's Health Improvement Act of 1989

United States · United States Congress · 9 May 1989

Medicaid Children's Health Improvement Act of 1989 - Amends title XIX (Medicaid) of the Social Security Act to give States the option of covering children under age five whose family income does not exceed 185 percent of the Federal poverty level and covering children age five through seven whose family income does not exceed the Federal poverty level. Authorizes States to provide Medicaid coverage to children under age 21 during a presumptive eligibility period. Requires that such children apply for Medicaid within a State specified number of days after the determination, on the basis of preliminary income information, that such children are presumptively eligible. Allows States to provide Medicaid coverage to foster children under age 21 whose incomes do not exceed the Federal poverty level. Prohibits a State from discontinuing the Medicaid coverage of a child under age 21 due to a change in the eligibility status of the child's family until the State determines that such child is not eligible on a basis other than the basis upon which the child is currently receiving assistance. Directs the Secretary of Health and Human Services to report to the Congress by July 1, 1990, on State error rates in determining the Medicaid eligibility of children under age 21. Suspends error rate penalties attributable to payments made on behalf of such children from July 1, 1989, to the first calendar quarter beginning more than 12 months after receipt of the Secretary's error rate report. Requires that States set Medicaid payment rates at levels sufficient to induce enough providers to participate in Medicaid so that services are available to Medicaid beneficiaries to the same extent they are available to the general population. Directs each State to annually submit for the Secretary's approval an amendment to its Medicaid plan which sets forth the payment rates to be used for pediatric services for children under age 21, including certain data to assist the Secretary in evaluating the sufficiency of such payments. Prohibits this Act from being construed as prohibiting higher payment levels for pediatric services furnished in rural areas than those furnished in urban areas. Requires the Secretary to report to the Congress by July 1, 1990, on providers and inpatient hospital departments serving Medicaid beneficiaries under age 21. Includes in such report: (1) information on the financial viability of such providers and their relationship to other publicly financed programs; (2) information on reimbursement methodologies; and (3) recommendations or methods to improve provider reimbursement methodologies and participation in the Medicaid program. Requires that Medicaid payment rates for outpatient hospital services take into account the situation of hospitals serving a disproportionate number of low income patients with special needs in their outpatient departments. Directs the Secretary to report to the Congress, within one year after this Act's enactment, on the effects of such requirement. Provides for the establishment of State demonstration projects using innovative approaches to: (1) improve the coordination of health services provided to pregnant women and children under age 21 under titles V (Maternal and Child Health Services) and XVIII (Medicare) of the Social Security Act and the special supplemental food program for women, infants and children (WIC) of the Child Nutrition Act of 1966; and (2) increase provider participation in delivering early and periodic screening and diagnostic services to improve the detection and provide for the early treatment of mental and physical defects in Medicaid children. Increases the Federal medical assistance percentage for project expenditures by 25 percent. Limits aggregate project expenditures in FY 1990. Directs the Secretary to report to the Congress, by March 1, 1992, on such projects and on how their results may be used to lower infant mortality and morbidity by improving the access of indigent pregnant women and infants to physician services.

Law· SS. 933 (101st)enacted

Americans with Disabilities Act of 1990

United States · United States Congress · 9 May 1989

Americans with Disabilities Act of 1989 - Title I: General Prohibition Against Discrimination - Declares that it shall be discriminatory, on the basis of disability, to deny opportunities or to afford them unequally, to provide opportunities less effectively (or differently or separately, unless necessary for effectiveness), to assist an organization or individual that discriminates, or to otherwise limit opportunities enjoyed by others. Prohibits the use of standards, criteria, or administrative methods that have the purpose or effect of discrimination or perpetuate discrimination. Declares it discriminatory to deny equal opportunities because of the relationship or association of an individual with another individual with a disability. Allows as a defense to a charge of discrimination that an application of standards or criteria has been demonstrated to be both necessary and substantially related to the ability of an individual to take advantage of the essential components of the opportunity, and that the taking advantage cannot be accomplished by reasonable accommodations, modifications, or the provision of auxiliary aids or services. Title II: Employment - Prohibits discrimination by any employer, employment agency, labor organization, or joint labor-management committee against any qualified individual with a disability in job application procedures, hiring or discharge, compensation, advancement, training, and other terms, conditions, and privileges of employment. Lists types of actions construed to be discrimination. Makes the remedies set forth in specified provisions of the Civil Rights Act of 1964 and other specified Federal law available to any individual who believes that he or she is being or is about to be subjected to discrimination in violation of this Act. Title III: Public Services - Declares that no qualified individual with a disability shall be excluded from the participation in, denied the benefits of, or subjected to discrimination by a State, or by an agency, political subdivision, or other instrumentality of a State. Lists types of actions deemed, for purposes of this Act and specified provisions of the Rehabilitation Act of 1973, to be discrimination with regard to public transportation. Makes the remedies and rights set forth in specified provisions of the Rehabilitation Act of 1973 available to any individual who believes that he or she is being or is about to be subjected to discrimination in violation of this Act. Title IV: Public Accommodations and Services Operated by Private Entities - Prohibits discrimination on the basis of disability in the enjoyment of any place of public accommodation. Lists types of actions construed to be discrimination. Prohibits discrimination on the basis of disability in public transportation services provided by a private entity that is primarily engaged in transporting people, but that is not in the principal business of air transportation. Lists types of actions construed to be discrimination. Makes specified provisions of the Fair Housing Act relating to enforcement available, subject to exception, to any aggrieved individual. Title V: Telecommunications Relay Services - Defines "telecommunications relay services" to mean services that enable simultaneous communication between individuals who use telecommunications devices for the deaf (TDDs) or other nonvoice terminal devices and individuals who do not use such devices. Declares it discriminatory for any common carrier that offers telephone services to the public to fail to provide interstate or intrastate telecommunication relay services that are equal to those provided to their customers who are able to use voice services, except in any State in which services are provided through an entity designated by the State. Declares it discrimination by a State that makes such a designation if the State fails to provide interstate or intrastate relay services that are equal to those provided to their voice customers. Makes specified provisions of the Fair Housing Act relating to enforcement available, subject to exception, to any aggrieved individual. Requires the Federal Communications Commission to enforce this title. Makes specified provisions of the Communication Act of 1934 apply with respect to the enforcement of this title. Provides for cease and desist orders by the Commission and for monetary penalties. Title VI: Miscellaneous Provisions - Prohibits retaliatory discrimination against any individual because of actions related to this Act. Declares that a State shall not be immune under the 11th Amendment to the Constitution from an action in Federal court for a violation of this Act. Requires the Architectural and Transportation Barriers Compliance Board to issue minimum guidelines to supplement the existing Minimum Guidelines and Requirements for Accessible Design. Allows the awarding of reasonable attorney's fees, in certain circumstances, in any action or proceeding under this Act.

Resolution· SRESS.Res. 120 (101st)passed

A resolution relating to free and fair elections in Panama.

United States · United States Congress · 4 May 1989

Expresses support for the right of the Panamanian people to full democracy in Panama. Condemns the Noriega regime's attempts to curtail the rights of participation in the election process. Calls upon the Noriega regime to: (1) guarantee free and open access to polling places, public access to voting lists, and public tabulation of ballots; and (2) accord full access for electoral activities to the official U.S. observer team, the Carter-Ford election observer group, and other international observer teams. Urges President Bush to: (1) encourage other democracies to send international observer teams to Panama; (2) report to the Congress on the extent to which the May 7, 1989, elections in Panama were conducted in a free and fair manner; and (3) consult with the Congress on the future course of action for U.S. policy in Panama.

Bill· SS. 919 (101st)reported

Soybean Promotion, Research, and Consumer Information Act

United States · United States Congress · 3 May 1989

Soybean Promotion, Research, and Consumer Information Act - Authorizes the Secretary of Agriculture to issue an order (subject to producer referendum) creating a soybean promotion, research, and consumer education program. Requires any such order to provide for the establishment of a: (1) United Soybean Board; and (2) Soybean Program Coordinating Committee. Funds such program through producer assessments. Authorizes appropriations.

Bill· SS. 902 (101st)referred

Medicaid Pregnant Women, Infants, and Children Amendments of 1989

United States · United States Congress · 3 May 1989

Medicaid Pregnant Women, Infants, and Children Amendments of 1989 - Amends title XIX (Medicaid) of the Social Security Act to require States to provide Medicaid coverage to pregnant women and infants whose family income does not exceed 130 percent of the Federal poverty level. Requires States to make ambulatory prenatal care available to pregnant women during a 60-day presumptive eligibility period unless they fail to apply for Medicaid coverage within 14 days after the commencement of such period. Deems a food stamp card issued in a pregnant woman's name to be sufficient evidence of presumptive eligibility. Directs States to provide outreach and public education services in geographic areas with high rates of adverse pregnancy outcomes to inform low-income women of the need for and availability of prenatal care. Requires States to provide Medicaid coverage for the immunization of children under age six who are eligible for Medicaid or are receiving food stamps. Reduces Federal Medicaid administrative cost matching rates in excess of 50 percent.

Resolution· SRESS.Res. 119 (101st)passed

A resolution concerning the 1986 agreement between the United States and Japan regarding the Japanese semiconductor market.

United States · United States Congress · 3 May 1989

Expresses the sense of the Senate that: (1) Japan has not lived up to the terms of the 1986 agreement regarding the Japanese semiconductor market; (2) the administration should convey this message to Japan; (3) the President, the U.S. Trade Representative (USTR), the Secretary of State, and the Secretary of Commerce should seek full access to the Japanese market for semiconductors; and (4) the President and the USTR should take measures to achieve compliance with such agreement.

Bill· SS. 894 (101st)referred

Radon Mitigation Clarification Act of 1989

United States · United States Congress · 2 May 1989

Radon Mitigation Clarification Act of 1989 - Treats amounts paid for home improvements necessary to mitigate measured harmful levels of radon gas exposure as medical care expenses for purposes of the medical care expense income tax deduction.