United States · United States Congress · 6 October 1988
Global Warming Prevention Act of 1988 - Establishes as national goals: (1) that the amount of carbon dioxide in the atmosphere be reduced from 1987 levels by at least 20 percent by the year 2005 through a mix of Federal and State energy policies; and (2) the establishment of an International Global Agreement on the Atmosphere by 1992. Requires the Secretary of Energy (the Secretary) and the Administrator of the Environmental Protection Agency to report to the Congress within two years regarding whether a higher level of carbon dioxide emissions reduction is desirable after 2005, together with any necessary policy actions and their costs and benefits. Title I: National Least-Cost Energy Plan - Requires the Secretary to prepare for the President, and transmit to the Congress, a new National Energy Least-Cost Policy Plan in lieu of other authorized national energy plans. Prescribes plan contents. Directs the Secretary to implement such plan immediately following its submission to the Congress. Outlines a program for public involvement in the formulation of the Plan. Directs the Secretary to establish an intervenor funding mechanism based upon certain State models. Grants the Secretary final discretion concerning the commitment of funds. Authorizes appropriations for FY 1990 through 1992. Requires the Secretary to submit a review of all government subsidies for energy-related expenditures to determine if they are consistent with the National Least-Cost Energy Plan. Amends the Department of Energy Organization Act to repeal the National Energy Policy Plan. Title II: Energy Efficiency - Directs the Secretary to grant the highest priority to energy efficiency improvements in: (1) energy-consuming devices; (2) federally owned and leased buildings and equipment; (3) federally assisted housing; and (4) the Federal vehicle fleet. Mandates that the President's budget request for FY 1990 through 1994 include the Secretary's recommendations regarding the increased efficiency of energy-consuming devices. Directs the Secretary to establish an Energy Research Advisory Board Panel on end-use energy technologies. Requires the Panel to submit an annual report to the Energy Research Advisory Board regarding its assessment of promising energy efficiency research and development opportunities and policies. Requires the Secretary to submit to the Congress: (1) a long-term research and development plan that accelerates by five years the current Department of Energy multiyear program goals for energy efficiency; and (2) an estimate of the funding increase needed to achieve such accelerated goals. Authorizes appropriations for FY 1990 through 1992. Directs the National Bureau of Standards to provide financial assistance, in consultation with the Department of Energy, to ten research centers to achieve multiple improvements in energy-intensive industrial and manufacturing processes. Sets forth an operations timetable for such centers. Authorizes appropriations for such centers for FY 1990 through 1992. Directs the Secretary to: (1) establish energy efficiency goals resulting in specified primary energy savings for federally owned or leased buildings, as well as federally assisted housing; and (2) include the use of renewable forms of energy within the energy efficiency options for such buildings. Authorizes appropriations for such program for FY 1990 through 1992. Directs the Secretary to establish a technical assistance program to support utilities and local and State governments in adopting building labeling and information programs. Requires the Secretary to report the results of such programs to the Congress. Authorizes appropriations for such program for FY 1990 through 1993. Mandates that certain institutions which offer federally assisted home mortgage loans integrate funding within such loans for cost-effective energy efficiency improvements based upon a home energy audit and rating scheme. Directs the Secretary to promulgate energy efficiency standards for incandescent and fluorescent lamps and windows. Requires the Secretary to: (1) implement a research, development and demonstration program on technologies to reduce chlorofluorocarbon use; (2) report to the Congress on the projected impact of certain chlorofluorocarbon production restrictions; (3) expand the Department of Energy's existing technology transfer initiative on least-cost electric utility planning; and (4) implement a least-cost gas utility initiative. Requires the Secretary of Transportation to: (1) establish an evaluation program regarding car-pooling arrangements and high-occupancy vehicle lanes; (2) report to the Congress on nonmotorized transportation alternatives, as well as a fuel-savings mass transportation assistance program for State and local governments. Requires such Secretary to report to the Congress on the use of Highway Trust Fund moneys for non-motorized transportation alternatives and for carbon-dioxide emissions reductions. Directs the Federal Energy Regulatory Commission to: (1) take certain prescribed actions to ensure the adoption of least-cost utility planning principles; and (2) detail for the Congress any amendments to the Federal Power Act which are necessary for the Commission to adopt such planning principles. Requires the Secretary of Energy to report to the Congress on the results of a national power survey emphasizing policies and technologies within the electric utility industry which are designed to diminish global warming. Amends the National Energy Conservation Policy Act to repeal the prohibition against the supply or installation by a public utility of a residential energy conservation measure for residential customers. Amends the Federal Power Act to add new definitions regarding "qualifying efficiency." Amends the Public Utility Regulatory Policies Act of 1978 to direct the Federal Energy Regulatory Commission (FERC) to prescribe within one year after the date of enactment of this Act rules encouraging the achievement of qualifying efficiency. Mandates that such rules: (1) require that electric utilities offer to purchase qualifying conservation from qualifying cogeneration or small power production facilities; and (2) provide for the verification of conservation achievement. Prescribes rate guidelines for such electric utilities purchases. Title III: State Energy Conservation Program - Amends the Energy Policy and Conservation Act to mandate that State energy conservation feasibility reports submitted to the Secretary include a reduction of ten percent or more in the total amount of energy consumed in such State in the year 2000 from the projected energy consumption for such State in the year 2000. Adds to Federal assistance eligibility prerequisites for proposed State energy conservation plans, including an emergency planning program for energy supply disruption. Cites optional State energy conservation programs. Repeals the mandate for supplemental State energy conservation plans. Repeals the National Energy Extension Service Act. Authorizes appropriations for energy conservation programs for FY 1990 through 1993. Establishes a State Energy Advisory Board to: (1) review and advise on the programs under this Act; (2) serve as liaison between the States and the Department of Energy on energy efficiency; and (3) report at least annually to the Secretary and the Congress on the status of State energy conservation programs. Authorizes the use of loan programs and performance contracting for the non-Federal share of energy conservation project costs under the grant program. Amends the Energy Conservation and Production Act regarding limitations upon Federal weatherization assistance for low income persons to provide that: (1) at least 80 percent of the administrative costs incurred shall be available to subgrantees performing program measures; and (2) subgrantees with small programs shall have adequate administrative funding. Cites conditions under which the Secretary is authorized to approve a State application for a waiver of: (1) the requirement that at least 40 percent of Federal weatherization assistance be used for weatherization materials; and (2) the limitations placed upon expenditures per dwelling unit for weatherization measures. Authorizes appropriations for FY 1991 through 1992 for a weatherization research and technical assistance program which shall include the monitoring of indoor air quality in low-income homes. Title IV: Vehicle Energy Efficiency Performance Standards Act of 1988 - Amends the Motor Vehicle Information and Cost Savings Act to increase the average fuel economy standards for passenger automobiles and light duty trucks for model year 1992 and thereafter according to prescribed guidelines. Exempts manufacturers of fewer than 10,000 light trucks and emergency vehicles from such prescribed standards. Establishes an incentives schedule for manufacturers of passenger automobiles and light trucks. Authorizes the Secretary of Transportation to assess a tax against any manufacturer who fails to comply with the prescribed average fuel economy standards. Sets forth procedural guidelines for the imposition of such tax. States that the current civil penalty shall not apply to any model year for a passenger automobile or light truck after model year 1989. Prescribes a fleet average fuel economy schedule for all Federal passenger automobiles and light trucks for model years 1992 and thereafter. Amends the Information and Cost Savings Act to require the Administrator of the Environmental Protection Agency to consult with the Secretary of Energy before establishing testing and calculation procedures for measuring automobile fuel economy. Authorizes (currently, directs) the Administrator to require fuel economy tests in conjunction with emissions tests conducted under the Clean Air Act. Directs the Administrator to measure a sampling of production passenger automobiles for each model type and year during the first month of manufacture for sale. Requires the adjustment of average fuel economy standards when necessary. Requires manufacturers to reflect any changes in such standards on automobile labels affixed more than 90 days after such changes are available. Requires that Federal testing and calculation procedures be repeated over a period of years to monitor automobile performance in use to determine the extent of decline in fuel economy. Directs the Administrator to periodically review procedures for testing fuel economy. Directs the Administrator to update the booklet containing fuel economy data at least twice a year. Directs the Secretary of Energy to distribute at least 100 booklets each year to each dealer and additional numbers if requested. Cites conditions under which manufacturers of light vehicles with certain increased fuel economies shall be considered to have offered the Government a specified discounted bid. Directs the Secretary, within two years of enactment of this Act, to submit suggestions to the Congress for additional legislation to carry out its purposes and the purposes of the Motor Vehicle Information and Cost Savings Act. Directs the National Academy of Sciences to report to the Congress on the results of its review of the research and development status of the fuel efficiency and energy consumption reduction of light vehicles, trucks, and passenger vehicles. Directs the Secretary of Energy to make changes in the Department of Energy's transportation research and development program based upon such report. Outlines criteria and procedures for amended vehicle fuel economy standards. Amends the Internal Revenue Code to prescribe a gas guzzler tax schedule applicable to 1989 and later model year automobiles. Sets forth a tax credit schedule for the purchase of certain fuel efficient passenger vehicles. Title V: Solar and Renewable Resources - Requires the Secretary of Energy to report to the Congress regarding a long-term research, development and demonstration program with policy options necessary to achieve a quadrupling of renewable energy production and use by 2015. Requires the Secretary of Energy to work closely with specified Federal departments regarding the Federal Government's biofuels program, and to report to the Congress on the progress being made in the development of solar and renewable resources. Mandates that the President's budget requests for FY 1990 - FY 1993 include the Secretary of Energy's recommendations for civilian research and development budgets necessary to implement such long-term program. Directs the Secretary to establish an Energy Research Advisory Board Panel on Solar and Renewable Resources and Technologies which shall report annually to the Energy Research Advisory Board regarding the status of the solar and renewable resources program. Authorizes appropriations for FY 1990 through 1993 for such program. Mandates that the President's budget request for FY 1990 include the Secretary's recommendations for proof-of-concept or near-commercialization demonstration projects in specified categories. Directs the Secretary to: (1) establish and provide financial assistance to a joint research and development venture to develop advanced district cooling technologies applicable in cities with high cooling loads; and (2) appoint members to an Advisory Committee on Advanced District Cooling Technology to assist in the implementation of such joint venture. Authorizes appropriations for such venture. Directs the Secretary of Energy to implement a research program regarding: (1) fuel cell use of methane gas generated from biomass forms; (2) technologies using renewable energy sources (such as wind and solar energy) to produce hydrogen for fuel cell use; and (3) fuel cell technology for electric power production as backup spinning reserve components to renewable power systems in rural and isolated areas. Authorizes the Secretary to make grants to, and enter into contracts with, private research laboratories. Requires the Secretary to report to the Congress regarding the fuel cell research program. Directs the Secretary to appoint members to an Advisory Committee on Energy Conservation and Renewable Energy Technology Exports to assist in the implementation of such program. Authorizes appropriations for FY 1990 through 1992. Directs the Administrator of the Environmental Protection Agency to prepare Federal guidelines for use by cities and municipalities, specifying environmental and safety standards for the use of fuel cell technology. Requires the Secretary of Commerce to report to the Congress regarding the export market potential for integrated fuel cells systems with renewable power technologies. Requires such Secretary to report to the Congress on the activities of the Committee on Renewable Energy, Commerce, and Trade to promote exports of renewable energy technology. Requires each participating member of such Committee to report annually to the Congress on the Committee actions regarding renewable energy technology exports. Requires the Committee to establish a joint government-industry plan to promote the U.S. market share in international trade in renewable energy technologies, including the development of administrative guidelines for Federal export loan programs. Authorizes appropriations for FY 1990 through 1992. Title VI: Solar Hydrogen Fuels - Directs the Secretary of Energy to prepare and submit to specified congressional committees a comprehensive five-year program management plan for a research and development program designed to permit the development of a domestic hydrogen fuel production capability within the shortest practicable time. Requires the Secretary to send the Congress annual plan descriptions including any necessary plan modifications. Directs the Secretary to establish such program within the Department of Energy. Requires that the areas to be addressed in such program include production, liquefaction, transmission, distribution, storage, and utilization. Requires priority to be given to production techniques that use renewable energy sources as their primary energy sources. Directs the Secretary to conduct demonstrations to evaluate technical and nontechnical parameters to determine commercial applicability of hydrogen technology and to prepare a comprehensive large-scale hydrogen demonstration technology plan. Requires the Secretary to consult with other Federal agencies and departments in carrying out this program. Requires the establishment of a Hydrogen Technical Advisory Panel of the Energy Research Advisory Board to advise the Secretary on the conduct of the hydrogen program. Requires the Panel to submit an annual report on the program to the Energy Research Advisory Board which shall subsequently report to the Secretary. Authorizes appropriations to carry out this title for FY 1990 through 1994. Directs the Administrator of the National Aeronautics and Space Administration (NASA) to prepare and submit to specified congressional committees on a comprehensive five-year program management plan for a research and development program for the development of a domestic hydrogen-fueled aircraft capability within the shortest practicable time. Requires the Administrator to transmit to Congress an annual plan description including any necessary modifications with respect to the plan. Requires the Administrator to establish such program within NASA and to prepare and transmit to the Congress a comprehensive flight demonstration plan which shall confirm the technical feasibility, economic viability, and safety of liquid hydrogen as a fuel for commercial transport aircraft. Provides that the research and development program under this title shall include, at a minimum, the development of the systems associated with the production, transportation, storage, and handling of liquid hydrogen for commercial aircraft application. Provides that the Administrator shall consult with other Federal agencies and departments in carrying out the program. Establishes a Hydrogen-Fueled Aircraft Advisory Committee to advise the Administrator on the programs established by this title. Requires the Committee to report annually to the Administrator on its activities and on the status of such programs. Authorizes appropriations to carry out this title for FY 1990 through 1994. Title VII: Natural Gas and Coal - Part A: Natural Gas - Directs the Secretary of Energy to enter into cooperative agreements with and provide financial assistance to appropriate parties to construct and demonstrate the commercial operation of intercooled steam-injected gas turbines for generating electricity. Authorizes appropriations for FY 1990 through 1993. Requires the Secretary to report to the Congress on the implementation of this program. Directs the Secretary to enter into cooperative agreements with and to provide financial assistance to municipal governments to demonstrate the feasibility of using natural gas as a fuel for urban area mass transit. Sets as a prerequisite to such agreements that the participating municipal government provide at least 25 percent of the demonstation costs. Authorizes appropriations for FY 1990 through 1992. Requires the Secretary to submit a feasibility report to the Congress within nine months after the date of enactment of this Act pertaining to the use of natural gas in diesel-powered vehicles to facilitate compliance with emissions requirements. Part B: Coal - Requires the Secretary, within nine months after the date of enactment of this Act, to provide the Congress with a comprehensive review of clean coal technologies to be developed in Federally funded projects under the Department of Energy's clean coal technology program. Directs the Secretary to establish and implement research and development technologies for preventing, reducing, recycling, recovering, or offsetting carbon-dioxide emissions from combusted coal. Requires the Secretary to report to the Congress on the implementation of such technologies. Authorizes appropriations for FY 1990 through 1992. Title VIII: Forest and Agriculture Policies - Part A: Forest Policies - Directs the Secretary of Agriculture, in cooperation with the Secretary of the Interior, to report to the President and the Congress on the feasibility of a national forestation initiative. Requires the Secretary of Agriculture to submit an analysis to the President and the Congress of the potential for reducing carbon emissions by undertaking targeted urban tree plantings to reduce air conditioning needs and mitigate the "heat island effect" in cities. Part B: Agricultural Policies - Mandates that specified Federal agencies conduct a joint study on critical linkages between agricultural production and global climate change. Cites study contents. Directs specified Federal agencies to establish an interagency task force to ensure that all satellite and remote sensing information pertinent to agricultural needs and climate modeling are made available to the Department of Agriculture. Directs the Secretary of Agriculture to use the "Low-Input Farming Systems Research and Education Program." Authorizes appropriations for FY 1990 through 1994. Part C: Integrated Farming Policies - Directs the Secretary of Agriculture to consult with the agriculture community and sustainable agriculture advocates for the purpose of developing an integrated farming research, development, and demonstration program. Authorizes appropriations for FY 1990 through 1992. Directs the Secretary of Energy to establish a national farm ethanol program. Authorizes appropriations for FY 1990 through 1992. Title IX: Development Assistance - Directs the Secretary of State, in conjunction with the Administrator of the Agency for International Development and other specified officials, to report to the Congress on the status of forest resources in tropical countries, including a forest and agroforestry plan with goals for each tropical country. Requires: (1) the Administrator to ensure that all activities supported by U.S. bilateral foreign assistance are consistent with such plan; and (2) the Administrator take into account each country's measure of success in meeting plan goals when allocating development assistance monies. Prescribes guidelines under which the Secretaries of State and of the Treasury are directed to promote multilateral tropical forestry programs, and to report to the Congress regarding the progress made by each of the multilateral development banks, the United Nations Food and Agriculture Program, the United Nations Development Program, and the International Tropical Timber Organization. Directs the Secretary of Commerce to promulgate regulations within one year after the date of enactment of this Act requiring wood and projects containing imported wood to bear a label disclosing the names of such wood and the countries of origin. Requires such Secretary to promulgate regulations prohibiting the importation of wood and wood products containing wood from: (1) tropical forest countries that have not achieved the forest plan goals; (2) countries that import wood or products containing wood harvested in tropical countries that have not achieved forest plan goals; and (3) countries that permit transit of wood or products containing wood harvested in tropical countries that have not achieved forest plan goals. Requires the Secretary to report annually to the Congress on the status of import controls with respect to tropical forest countries that have not achieved the forest plan goals. Amends the Foreign Assistance Act of 1961 to authorize the President to assist developing countries with research and development programs aimed at energy efficiency and energy transmission facilities. Prohibits assistance for large-scale production of energy. Prescribes guidelines under which the President is directed to provide support to aid-receiving countries with emphasis upon least-cost energy planning. Requires the President to report annually to the Congress regarding the bilateral energy program, including the progress made in reducing greenhouse gas emission. Directs the Secretary of the Treasury to instruct the U.S. Executive Director of each multilateral development bank to: (1) vigorously promote the adoption by each bank of a least-cost energy planning program containing specified components; and (2) oppose, except in certain instances, financial or technical assistance to any borrowing country if a least-cost energy plan is not in place. Directs the Secretary of State to instruct the Ambassador to the United Nations to: (1) vigorously encourage the United Nations Development Program implementing energy conservation and efficiency programs for recipient countries; and (2) oppose the adoption of country programs for any country for which a least-cost energy planning program giving priority to energy conservation, end use energy efficiency, and renewable energy sources is not in place. Requires the Secretary of the Treasury and the Secretary of State to report annually to the Congress regarding the progress of the multilateral development banks and the United Nations Development Program in implementing energy conservation measures. Declares that it is the policy of the United States that its economic assistance programs to developing countries should encourage least-cost, sustainable transportation policies and practices based on a diverse mix of motorized and nonmotorized transport modes which minimize fuel needs and reduce carbon-dioxide emissions. Directs the Administrator of the Agency for International Development to: (1) implement a study of the Agency's transportation-related programs and of the multilateral development bank policies regarding their transportation-related lending practices to recipient countries; and (2) redirect part of the Agency's resources to providing nonmotorized low-cost vehicles that can be sustained in the long term. Directs the Secretary of the Treasury to instruct the U.S. Executive Director to each multilateral development bank to increase the emphasis on nonmotorized, low-cost and energy efficient alternatives to private motor vehicles. Directs the Peace Corps to encourage the use of nonmotorized transport technologies in the projects it undertakes. Specifies non-motorized transportation policies to be promoted by the U.S. Government in implementing its development assistance programs. Authorizes the Secretary of the Treasury to modify the loan terms on up to one-half of the sovereign debt owed the United States by developing countries as a condition of adopting forest and energy conservation programs. Directs the Secretary to promulgate regulations implementing such environmental conservation and debt reduction program within one year after the enactment of this Act. Directs the Secretary to encourage the adoption of joint initiatives of debt reduction and conversion by the public and private sectors in member countries of the Organization for Economic Cooperation and Development. Directs the Administrator of the Agency for International Development to report biennially to the Congress regarding the status of energy conservation and efficiency for each country receiving Federal development assistance monies. Requires the Administrator of the Agency for International Development to report to the Congress regarding the options and strategies for the use of bilateral and multilateral development assistance programs sponsored by the United States to control emissions of certain greenhouse gases into the atmosphere. Title X: International Activities - Directs the Secretary of State to convene an international meeting in the United States by the end of 1992 to adopt a global climate protection agreement with measures at least as stringent as those in this Act. Sets forth a percentage reductions schedule for emissions of specified gases. Directs the Secretary of State to: (1) initiate negotiations for the adoption of a binding multilateral agreement requiring specified reductions of nitrogen oxide emissions by 1998; (2) request and, if necessary, convene the parties to the Montreal protocol on substances that deplete the ozone layer for possible control measures reassessment; and (3) convene an international meeting to exchange information regarding energy efficiency and solar/renewable energy resources that are environmentally sustainable. Directs the Secretary of the Treasury to instruct the U.S. Executive Directors of multilateral development banks to promote lending policies which emphasize specified aspects of energy conservation, renewable energy source, greenhouse gas emissions, and least-cost non-motorized transportation systems. Directs the Administrator of the Agency for International Development to take specified measures concerning: (1) biological diversity conservation; (2) renewable energy resources and conservation; and (3) assistance to developing countries in the use of agricultural and industrial chemicals. Declares U.S. policy with respect to domestic and international efforts to deal with the greenhouse effect. Requests the President to take steps to establish a long-term study of the greenhouse effect, beginning with a one-year cooperative international research program started during or before 1991. Names the year of such program the "International Year of the Greenhouse Effect." Title XI: World Population Growth -Declares it is the policy of the United States that family planning services should be made available to all persons requesting them. Authorizes appropriations for FY 1990 through 1994 for international population and family planning assistance. Prohibits the use of such funds for: (1) involuntary sterilization or abortion; or (2) the coercion of any person to accept family planning services. Requests the President to initiate an international conference on population, and to seek an international agreement on population growth. Establishes a National Commission on Population, Environment, and Natural Resources to prepare reports and convene conferences. Terminates such Commission three years after the enactment of this Act. Authorizes appropriations for FY 1990 through 1992. Title XII: Recyclable Materials - Directs the Secretary of Commerce and the Secretary of Health and Human Services to report to the Congress the results of a study regarding degradable materials and recycling methodologies. Requires the Secretary of Defense to report to the Congress the results of a study regarding the national security implications of requiring the use of degradable materials in items procured by the Department of Defense, and of requiring the Department to comply with specified prohibitions against the use of nondegradable materials. Requires the Administrator of the Environmental Protection Agency biennially to submit an updated report to the President and the Congress regarding Federal, State, and local policies and practices in recycling government wastes and procuring recyclable materials. Directs the Secretary of Agriculture to report to the Congress the results of a pilot project to develop and demonstrate a viable technology for composting municipal waste and sewage sludge. Directs the Secretary of Commerce to appoint a Director of Recycling Research and Information to: (1) make grants for recycling research and development; (2) establish a national database information clearinghouse for recyclable materials; (3) report annually to the Congress regarding the status of recyclable wastes; and (4) make grants for scientific research on the use of plastic materials as part of a recycling program. Authorizes appropriations for FY 1990. Sets forth civil and criminal penalties for offenses involving the production, manufacturing, distribution or selling of specified nonrecycled consumer goods which have been proscribed by the Secretary of Commerce under regulations jointly issued with the Administrator of the Environmental Protection Agency. Requires the Secretary of Commerce periodically to update the list of proscribed nonrecycled consumer goods.
United States · United States Congress · 4 October 1988
Age Discrimination in Employment Waiver Protection Act of 1988 - Amends the Age Discrimination in Employment Act of 1967 (the Act) to prohibit an individual from waiving any right under the Act without the supervision of the Equal Employment Opportunity Commission (EEOC) or a court, except in settlement of a bona fide claim alleging a certain kind of prohibited age discrimination. Allows an individual who makes a bona fide claim arising from an early retirement incentive or other employment termination program that involves an offer of enhanced benefits to a group or class of individuals to settle the claim in accordance with specified conditions, but only if represented by counsel and the consideration received for settlement is additional to the enhanced benefit. Allows a settlement of a bona fide claim to occur only if the settlement is knowing and voluntary and only if: (1) a settlement agreement applicable to such claim is in writing and specifically refers to rights or claims arising under the Act; (2) the agreement does not waive rights or claims that may arise after the date the agreement is entered into; (3) the rights or claims are waived in exchange for consideration other than benefits to which the individual already is entitled; (4) the individual is given a reasonable period of time in which to consider the agreement; and (5) the individual is advised in writing to consult an attorney prior to entering into the agreement. Defines "bona fide claim," for such purposes, as: (1) a charge of age discrimination filed with the EEOC; or (2) a specific allegation of age discrimination communicated in writing by the individual or the individual's representative directly to the employer, employment agency, or their representatives. Directs the EEOC, on January 1, 1990, to issue a rule or interpretative regulation relating to the prohibition against discrimination on the basis of age in early retirement incentive or other employment termination programs that involve an offer of enhanced benefits to a group or class of individuals. Provides that, effective upon the enactment of this Act, a specified rule on waivers issued by the EEOC shall have no force and effect.
United States · United States Congress · 3 October 1988
Commends the Honorable Robert C. Byrd, Majority Leader of the Senate, for his dedication to the ideals of representative democracy and for his outstanding service to the United States.
United States · United States Congress · 23 September 1988
Amends the United States Institute of Peace Act to provide a permanent authorization of appropriations for the United States Institute of Peace. Repeals a provision prohibiting the use of Federal funds to pay for private fringe benefit programs.
United States · United States Congress · 22 September 1988
Handicapped Programs Technical Amendments Act of 1988 - Title I: Amendments to the Education of the Handicapped Act - Amends the Education of the Handicapped Act (EHA) to make technical and conforming amendments, including making terminology gender neutral, updating cross-references, and revising language referring to people with handicaps or disabilities. Removes references to the National Advisory Committee on the Education of the Handicapped (whose statutory authority has already been repealed under other Federal law). Specifies that the term "institution of higher education" includes community colleges receiving funding from the Secretary of the Interior under the Tribally Controlled Community College Assistance Act of 1978. Revises provisions for preschool grants for special education and related services for handicapped children aged three through five to provide that appropriations for such grants program for FY 1987 and 1988 received by a State whose allotment for the succeeding fiscal year is adjusted downwards shall remain available for obligation by such State, and by its local educational agencies and intermediate educational units, during the two fiscal years succeeding the fiscal year for which they were made. Revises provisions for grants to State educational agencies and institutions of higher education for traineeships. Directs the Secretary of Education (the Secretary) to make a grant of sufficient size and scope to each State educational agency which applies, and to an institution of higher education in any State where the State educational agency does not apply for such a grant. Authorizes the Secretary also to make a limited number of such grants to State educational agencies on a competitive basis (up to ten percent of the total amount expended in the preceding year). Authorizes the Secretary to make continuation grants for FY 1989 to institutions of higher education that received competitive grants for FY 1987. Sets forth a special rule for FY 1987 preschool grants. Allows a State educational agency to use funds made available in FY 1986 under the preschool grants program in FY 1987 in accordance with statutory and regulatory provisions in effect for FY 1986 and its application for FY 1986. Makes inapplicable to children aged three through five in any State for any fiscal year for which the State receives a preschool grant under EHA certain Federal regulations requiring a public agency to make free public education available to all of its handicapped children of the same age in the same disability category, if it provides education to 50 percent or more of its handicapped children in any disability category in the three to five age group. Title II: Amendments to the Rehabilitation Act of 1973 - Amends the Rehabilitation Act of 1973 (RA) to make technical and conforming amendments, including making terminology gender neutral and updating cross-references, and revising language referring to people with handicaps and disabilities. Renames: (1) the National Council on the Handicapped as the National Council on Disability; (2) the Interagency Committee on Handicapped Research as the Interagency Committee on Disability Research; and (3) the Office of Information and Resources for the Handicapped as the Office of Information and Resources for Individuals with Disabilities. Revises provisions relating to membership and expiration of members' terms on the Architectural and Transportation Barriers Compliance Board. Changes the wording of certain provisions from "employment of the handicapped" to "employment of people with disabilities," and from "handicapped individuals" to "individuals with handicaps." Corrects provisions for an authorization of appropriations to reflect an authorization through FY 1991. Title III: Amendments Relating to the President's Committee on Employment of People with Disabilities - Amends a specified Joint Resolution to change: (1) a certain commemorative week to a commemorative month; (2) the name from National Employ the Physically Handicapped (Week) to National Disability Employment Awareness Month; and (3) references to "handicapped workers" to references to "workers with disabilities." Amends another specified Joint Resolution to change the name of the President's Committee on National Employ the Physically Handicapped Week to the President's Committee on People with Disabilities. Authorizes such Committee to: (1) accept voluntary and uncompensated services; and (2) accept, use, and dispose of money or property received by gift, devise, bequest, or otherwise. Title IV: Amendments Relating to the American Printing House for the Blind - American Printing House for the Blind Amendments of 1988 - Terminates on October 1, 1989, the perpetual trust fund and the permanent annual appropriations established under specified Federal law providing for the American Printing House for the Blind (APHB). Makes a conforming amendment to another specified Federal law, thereby preserving its authorization of appropriations for APHB, while removing a reference to the permanent annual appropriation. Deems compensated by the appropriation to APHB for FY 1990 any and all rights of APHB determined to have vested in the permanent trust fund. Provides that references to the permanent trust fund and permanent annual appropriations shall not be given any effect, notwithstanding any Federal law. Title V: Amendments to the Helen Keller National Center Act - Amends the Helen Keller National Center Act to extend through FY 1991 the authorization of appropriations for the Helen Keller National Center for Deaf-Blind Youths and Adults.
United States · United States Congress · 14 September 1988
Provides for the printing of a history of the Senate Committee on Environment and Public Works as a Senate document. Authorizes additional printing for the use of the Committee.
United States · United States Congress · 9 September 1988
Community Youth Activities Act of 1988 - Amends title V (Administration and Coordination of the National Institute of Mental Health, the National Institute on Alcohol Abuse and Alcoholism, and the National Institute on Drug Abuse) of the Public Health Service Act to direct the Secretary of Health and Human Services to make grants to States to carry out activities as described in this Act. Sets forth a minimum grant amount. Directs the Secretary to reserve five percent of the amount appropriated for any fiscal year to carry out this Act for projects of national significance which are expected to have a significant impact in preventing use of drugs among youth. Requires, if the amount appropriated is under a specified amount, that 25 percent of the amount appropriated be allotted equally among the 50 States, with the remainder apportioned according to stated priorities. Sets forth general priorities in making the grants. Declares that the assistance received under this Act may be used for: (1) State regional substance abuse education and prevention centers designed to provide technical assistance, outreach, consultation, training, and referral services; (2) community services and partnerships designed to develop community activities targeted at substance abuse prevention through education, training, and recreation projects; and (3) other projects or proposals consistent with the intent of this Act. Authorizes appropriations for FY 1989 through 1993. Directs the Secretary to evaluate projects conducted with assistance under this Act. Requires grant applications to include a description of the method to be used in evaluating the impact the program is having on the drug problem within the community.
United States · United States Congress · 11 August 1988
Directs the American Battle Monuments Commission to construct a memorial on Federal land in the District of Columbia or its environs to honor World War II veterans and commemorate U.S. participation in that conflict. Requires the Commission to plan, design, and oversee such construction. Establishes the World War II Memorial Advisory Board to: (1) promote and encourage donation of private funds for the construction of such memorial; and (2) recommend the site and assist the Commission in selecting the design for such memorial. Authorizes the Commission to solicit private contributions for the construction of such memorial. Authorizes assistance from specified Federal departments and agencies. Authorizes Federal property to be transferred to the Commission and authorizes the Commission to purchase suitable property within the District of Columbia for the establishment of such memorial. Absolves the United States from any liability for any expense incurred for the construction of such memorial. Provides that the maintenance of such memorial and the surrounding grounds shall be the responsibility of the Secretary of the Interior. Provides that all requirements and authority established in this Act shall lapse unless: (1) the construction of the memorial is commenced within five years after enactment of this Act; and (2) funds are certified to be available, prior to such construction, to insure completion of the memorial.
United States · United States Congress · 11 August 1988
National Commission on Human Resources Act - Establishes a National Commission on Human Resources. Directs the Commission to: (1) advise the Congress, the President, and the U.S. public on policies and programs designed to facilitate the attainment of fuller human potential; (2) solicit views from the public on the role of the individual, family, community, and government in researching, educating, and implementing techniques designed to increase human potential in body, mind, and spirit; (3) identify private and foundation financial resources to fund the Commission's operation; (4) establish a scientific advisory panel to assist in the evaluation of technologies and procedures calculated to develop fuller human potential; and (5) after consultation with the Secretary of State, communicate with foreign governments and international organizations on the establishment of counterpart commissions, and prepare for an international meeting of such commissions (if they are established) prior to the preparation of its final report. Directs the Commission to prepare and transmit to the President and the Congress: (1) a report on its activities and recommendations within 18 months after the effective date of this joint resolution; and (2) a proposal for implementation of its recommendations within 24 months after such effective date. Sets forth provisions for Commission members. Directs the President and specified congressional officers to appoint such members, from representatives of an appropriate executive department, both Houses of the Congress, the field of extraordinary human performance research, physicians, the field of higher education, the clergy, organized labor, business management, retired individuals, high school students, and the general public. Terminates the Commission 30 days after submission of its final report, unless other provisions are made.
United States · United States Congress · 11 August 1988
Declares that, on the return of Joseph Biden to the Senate after a six-month absence to recuperate from surgery, the Members of the Senate extend their warmest welcome and personal happiness as well as their best wishes for his continued good health.
United States · United States Congress · 10 August 1988
Directs the Secretary of Health and Human Services to transfer specified monkeys used in research at the Institute for Behavioral Research in Silver Spring, Maryland, to Primarily Primates, Inc., an animal sanctuary in San Antonio, Texas.
United States · United States Congress · 10 August 1988
Amends the Export Administration Act of 1979 to prohibit the export of petroleum products (from Alaska and from the rest of the United States) that are domestically produced by an oil refinery which commits or has committed to export such products as a condition of obtaining financing and which commences commercial operations on or after enactment of this Act. Sets forth specified exceptions.
United States · United States Congress · 10 August 1988
Designates January 28, 1989, as National Challenger Center Day. (The Challenger Center is an institution offering children and teachers activities and information derived from American space research.)
United States · United States Congress · 9 August 1988
National Board for Professional Teaching Standards Act of 1988 - Directs the Secretary of Education to provide financial assistance to the National Board for Professional Teaching Standards (a private non-profit organization) for research and development relating to teacher assessment and certification procedures. Authorizes appropriations for FY 1989 through 1991 for such purpose. Sets forth terms and conditions for such assistance. Requires the Board to: (1) establish a Research and Development Advisory Committee; and (2) consult with the Secretary and other specified entities in appointing the ten Committee members (with the Secretary selecting two of those). Requires funds under this Act to be used only for research and development of teacher assessment and certification procedures for elementary and secondary school teachers. Requires that priority be given to activities relating to teaching: (1) the subject areas of mathematics, the sciences, foreign languages, and literacy (including reading, writing, and analytical ability); and (2) special educational populations, including limited English proficient children, gifted and talented children, handicapped children, and economically and educationally disadvantaged children. Sets forth application requirements. Sets the Federal share of the cost of such Board activities at 50 percent. Requires the Board to report annually to the appropriate committees of Congress. Requires the Department of Education, the National Science Foundation, and the National Research Council to review and comment on the Board's report and to report to such committees on the Board's compliance with this Act. Sets forth auditing provisions. Sets forth limitations on the ways this Act may be construed.
United States · United States Congress · 5 August 1988
PCB Control Act of 1988 - Amends the Toxic Substances Control Act to require those who intend to deal in the transportation, storage, or disposal of polychlorinated biphenyls (PCBs) to notify the Administrator of the Environmental Protection Agency of such intent and receive an identification number from the Administrator before engaging in such activities. Directs such individuals to comply with the requirements of a manifest system set forth in rules to be promulgated by the Administrator within 60 days of this Act's enactment. Directs the Administrator to promulgate rules, within 60 days of this Act's enactment, for the transportation of PCBs and the implementation of a PCB storage approval process. Conditions the Administrator's approval of the storage or disposal of PCBs on the applicant's compliance with financial responsibility, contingency plan, and closure and post-closure requirements. Requires that each approval for PCB disposal or storage be reviewed and, if necessary, modified within five years of its issuance or reissuance. Authorizes the Administrator to revoke such approval for an individual's noncompliance with this Act's requirements. Directs the Administrator to thoroughly inspect PCB storage and disposal facilities at least once every two years. Requires the Administrator to publish notice, by June 30 of each year, of the identify of, and the amount of civil penalty assessed from, each person against whom the Administrator has concluded an enforcement action for noncompliance with this Act's requirements during the previous calendar year. Amends the Resource Conservation and Recovery Act (RCRA) to designate PCBs as a hazardous waste to be regulated under such Act six months after this Act's enactment. Directs the Administrator, within two years of this Act's enactment, to revise Toxic Substances Control Act requirements where necessary to protect human health and the environment or satisfy RCRA requirements
United States · United States Congress · 5 August 1988
Asbestos Information Act of 1988 - Requires asbestos or asbestos-containing material manufacturers to report to the Administrator of the Environmental Protection Agency, within 90 days after this Act's enactment, on the years of manufacture, the types or classes of product, and other identifying characteristics reasonably necessary to identify or distinguish such material. Requires the Administrator to publish such information within 180 days after this Act's enactment.
United States · United States Congress · 29 July 1988
Amends Senate Resolution 381, 100th Congress, to increase the limitation on expenditures by the Committee on Environment and Public Works for the procurement of consultants with funds transferred from those authorized for administrative expenses.
United States · United States Congress · 28 July 1988
National Energy Policy Act of 1988 - Establishes as national goals: (1) that the amount of carbon dioxide in the atmosphere be reduced from 1988 levels by at least 20 percent by the year 2000 through a mix of Federal and State energy policies; and (2) the establishment of an International Global Agreement on the Atmosphere by 1992. Title I: National Energy Plan - Requires the Secretary of Energy (the Secretary) to transmit to the Congress within 18 months after the enactment of this Act a "Least Cost National Energy Plan" for meeting such national goals. Sets forth the Plan's contents. Mandates revision and resubmission of the Plan to the Congress every two years. Title II: Office of Climate Protection - Establishes the Office of Climate Protection which shall be responsible for: (1) participation by the Department of Energy in various domestic and international agencies involved in global climate change analysis; and (2) the monitoring of U.S. energy policies for atmospheric and global warming effects, with annual reports on such effects. Title III: Energy Efficiency - Subtitle A - Directs the Secretary to: (1) assign a high priority to energy efficiency in departmental programs, buildings, and equipment; and (2) submit to the Congress within one year after the enactment of this Act (and triennially thereafter) an evaluations report regarding the policy options necessary to produce a two to four percent annual decrease in the energy use per unit of gross national product through the year 2005. Mandates that the President's budget request for FY 1990 through 1992 include the Secretary's recommendations of amounts to be set aside for innovative energy efficiency research and development. Authorizes appropriations for energy efficiency research and development programs for FY 1990 through 1992. Requires the Secretary, within one year after the date of enactment of this Act, to issue a general request for proposals dealing with energy efficiency technology. Sets forth guidelines for Federal financial assistance for such proposals. Directs the Secretary to establish and provide financial assistance to joint research and development ventures with specialized private firms and investors in order to establish at least five regional centers for energy-intensive industries. Requires such industries to conduct research and development on common industrial processes to improve energy efficiency and reduce production and emission of carbon dioxide and trace gases into the atmosphere. Authorizes appropriations for such centers, and requires the industries for which the centers are established to contribute matching funds starting in 1991. Directs the Secretary to establish a Federal Energy Analysis Team to analyze and make recommendations regarding energy efficiency and the use of renewable energy in Federal buildings. Sets guidelines for the Federal building energy conservation program to be implemented by the Secretary and Federal agencies. Amends the National Energy Conservation Policy Act to repeal the prohibition against the supply or installation by a public utility of a residential energy conservation measure for residential customers. Requires the Secretary to promulgate guidelines for regulations to be formulated and implemented by State governments requiring the assignment of an energy efficiency rating to residential buildings. Declares that after October 1, 1990, no State shall be eligible to receive certain funds appropriated under the Energy Policy and Conservation Act unless it has adopted such energy efficiency ratings. Adds incandescent and fluorescent lamps to the list of covered consumer products to which energy efficiency standards apply. Requires the Secretary to prescribe energy conservation standards and test procedures for such projects by January 1, 1990. Subtitle B - Amends the Federal Power Act to add new definitions regarding "qualifying conservation." Amends the Public Utility Regulatory Policies Act of 1978 to direct the Federal Energy Regulatory Commission (FERC) to prescribe within one year after the date of enactment of this Act rules encouraging the achievement of qualifying conservation. Mandates that such rules: (1) require that electric utilities offer to purchase qualifying conservation from qualifying cogeneration or small power production facilities; and (2) provide for the verification of conservation achievement. Prescribes rate guidelines for such electric utilities purchases. Title IV: Energy Research and Development Priorities - Directs the Secretary to establish priorities for research and development programs using prescribed criteria. Title V: State Energy Conservation Program - Amends the Energy Policy and Conservation Act to mandate that State energy conservation feasibility reports submitted to the Secretary include a reduction of ten percent or more in the total amount of energy consumed in such State in the year 2000 from the projected energy consumption for such State in that year. Adds to Federal assistance eligibility prerequisites for proposed State energy conservation plans, including an emergency planning program for energy supply disruption. Cites optional State energy conservation programs. Repeals the mandate for supplemental State energy conservation plans. Repeals the National Energy Extension Service Act. Authorizes appropriations for energy conservation programs for FY 1989 through 1992. Establishes a State Energy Advisory Board to: (1) review and advise on the programs under this Act; (2) serve as liaison between the States and the Department of Energy on energy efficiency; and (3) report at least annually to the Secretary and the Congress on the status of State energy conservation programs. Authorizes the use of loan programs and performance contracting for the non-Federal share of energy conservation project costs under the grant program. Amends the Energy Conservation and Production Act regarding limitations upon Federal weatherization assistance for low income persons to provide that: (1) at least 80 percent of the administrative costs incurred shall be available to subgrantees performing program measures; and (2) subgrantees with small programs shall have adequate administrative funding. Cites conditions under which the Secretary is authorized to approve a State application for a waiver of: (1) the requirement that at least 40 percent of Federal weatherization assistance be used for weatherization materials; and (2) the limitations placed upon expenditures per dwelling unit for weatherization measures. Title VI: Renewable Energy - Subtitle A - Solar Development Initiative Act of 1988 - Directs the Secretary of Energy to develop a complementary solar and renewable energy research program which: (1) has near-term commercial applications; and (2) enhances the international competitiveness of the solar and renewable energy industries. Requires the Secretary to include funding for such program in the FY 1990 budget. Directs the Secretary of Energy to establish an information dissemination program for Federal procurement and loan officers regarding the application of solar heating and cooling technology in Federal buildings. Declares that it is the sense of the Congress that the renewable energy technologies programs established by the Secretary of Commerce should be funded in FY 1988 through 1990 through the Department of Energy at a specified maximum level. Amends the Caribbean Basin Economic Recovery Act to direct the President to take into account, when determining whether to designate a beneficiary country, the degree to which it undertakes self-help measures to promote energy self-sufficiency using locally available renewable energy resources. Mandates that the design for new Federal facilities for specified agencies include consideration of energy systems using solar energy or other renewable energy forms. Amends the Export-Import Bank Act of 1945 to mandate that a specified minimum percentage of loan authority be available only for solar and renewable energy loans. Amends the Foreign Assistance Act of 1961 to authorize the Overseas Private Investment Corporation to include among its special projects incentives, grants, and studies for renewable energy and other small business activities. Prohibits the use of administrative funds for such projects. Amends the Small Business Act to: (1) repeal provisions regarding loans to small business concerns for solar energy and energy conservation measures; (2) mandate that a certain percentage of loan authority be used only for small business energy measures; and (3) direct the Administrator of the Small Business Administration to give due consideration to the export potential of solar and renewable energy loan guarantees in an annual report to the Congress. Subtitle B - Renewable Energy Technology Competitiveness Act of 1988 - Sets forth specified national goals for the current wind, photovoltaics, and solar thermal energy programs. Requires the President's budget requests for FY 1989 to contain the recommendations of the Secretary of Energy for specified Department of Energy research and development programs for 1995, including biofuels energy systems, solar buildings energy systems, ocean energy systems, and geothermal energy. Authorizes appropriations for FY 1990 through 1992 for: (1) the wind energy research program; (2) the photovoltaic energy systems program; (3) the solar thermal energy systems program; (4) the biofuels energy systems program; (5) the solar buildings energy systems program; (6) the ocean energy systems program; and (7) the geothermal program. Mandates that the President's budget requests for FY 1990 include the Secretary's recommendation for proof of concept proposals for certain renewable energy projects. Requires the Secretary to submit an options analysis to the Congress regarding the accelerated commercialization of specified renewable energy technologies. Directs the Secretary to establish joint research and development ventures in specified energy technologies, and to report to the Congress on the implementation of such plans. Directs the Secretary to establish the following advisory bodies: (1) Advisory Committee on Photovoltaic Village Energy Systems; (2) Advisory Committee on Wind Energy Village Energy Systems; (3) Advisory Committee on Solar Thermal Community Total Energy Systems; (4) Advisory Committee on Energy Performance in Factory-Made Housing; (5) Advisory Committee on Advanced District Cooling Technology; (6) Advisory Committee on Integrated Renewable Energy Systems; and (7) Advisory Committee on Energy Conservation and Renewable Energy Technology Exports. Authorizes appropriations for FY 1990 through 1992 for such joint ventures. Requires the Secretary to evaluate and report to the Congress on the efforts of the Committee on Renewable Energy, Commerce and Trade to promote renewable energy technology exports. Authorizes appropriations for such Committee activities for FY 1990 through 1992. Requires the Secretary to make annual reports to the Congress regarding the research programs and ventures under this Act. Requires each annual submission of the National Energy Policy Plan to be accompanied by a three-year strategic plan for energy technology research, development, and demonstration, including energy conservation and renewable energy technologies. Subtitle C - Renewable Energy/Fuel Cell Systems Integration Act of 1988 - Directs the Secretary of Energy to implement a research program regarding: (1) fuel cell use of methane gas generated from biomass forms; (2) technologies using renewable energy sources (such as wind and solar energy) to produce hydrogen for fuel cell use; and (3) fuel cell technology for electric power production as backup spinning reserve components to renewable power systems in rural and isolated areas. Authorizes the Secretary to make grants to, and enter into contracts with, private research laboratories. Requires the Secretary to report to the Congress regarding the fuel cell research program. Authorizes appropriations for FY 1989. Amends the Energy Policy and Conservation Act to include industries using fuel cell technology under the Renewable Energy Industry Development Act. Directs the Administrator of the Environmental Protection Agency to prepare Federal guidelines, within 180 days after enactment of this Act, for cities and municipalities specifying environmental and safety standards for use of fuel cell technology. Directs the Secretary of Commerce, within the same period of time, to report to the Congress an assessment of the export market potential for integrated systems of fuel cells with renewable power technologies. Subtitle D - Hydrogen Research and Development Act - Directs the Secretary of Energy to prepare and submit to specified congressional committees a comprehensive five-year program management plan for a research and development program designed to permit the development of a domestic hydrogen fuel production capability within the shortest practicable time. Requires the Secretary to send the Congress annual plan descriptions including any necessary plan modifications. Directs the Secretary to establish such program within the Department of Energy. Requires that the areas to be addressed in such program include production, liquefaction, transmission, distribution, storage, and utilization. Requires priority to be given to production techniques that use renewable energy sources as their primary energy sources. Directs the Secretary to conduct demonstrations to evaluate technical and nontechnical parameters to determine commercial applicability of hydrogen technology and to prepare a comprehensive large-scale hydrogen demonstration technology plan. Requires the Secretary to prepare a comprehensive technology application plan which shall include: (1) the potential applications for the use of hydrogen; (2) technical market and economic readiness assessments for such potential applications; (3) an assessment of Government actions needed to develop such application; and (4) an analysis of the impact of such applications on domestic energy supplies. Requires the Secretary to consult with other Federal agencies and departments in carrying out this program. Requires the establishment of a Hydrogen Technical Advisory Panel of the Energy Research Advisory Board to advise the Secretary on the conduct of the hydrogen program. Requires the Panel to submit an annual report on the program to the Energy Research Advisory Board which shall subsequently report to the Secretary. Authorizes appropriations to carry out this title for FY 1991 through 1995. Directs the Administrator of the National Aeronautics and Space Administration (NASA) to prepare and submit to specified congressional committees a comprehensive five-year program management plan for a research and development program for the development of a domestic hydrogen-fueled aircraft capability within the shortest practicable time. Requires the Administrator to transmit to Congress an annual plan description including any necessary modifications with respect to the plan. Requires the Administrator to establish such program within NASA and to prepare and transmit to the Congress a comprehensive flight demonstration plan which shall confirm the technical feasibility, economic viability, and safety of liquid hydrogen as a fuel for commercial transport aircraft. Provides that the research and development program under this title shall include, at a minimum, the development of the systems associated with the production, transportation, storage, and handling of liquid hydrogen for commercial aircraft application. Provides that the Administrator shall consult with other Federal agencies and departments in carrying out the program. Establishes a Hydrogen-Fueled Aircraft Advisory Committee to advise the Administrator on the programs established by this title. Requires the Committee to report annually to the Administrator on its activities and on the status of such programs. Authorizes appropriations to carry out this title for FY 1991 through 1995. Title VII: Advanced Civilian Reactor Programs - Directs the Secretary to implement, according to certain guidelines, a research, development, and demonstration program for the generation of commercial electric power from nuclear fission. Authorizes appropriations for FY 1991 through 1993. Mandates that a portion of such appropriations be used to support construction of a commercial-scale advanced civilian nuclear power reactor demonstration project which is to be connected to a utility grid by the year 2000. Outlines conditions under which proposals for such project may be submitted and accepted, including licensing and cost-sharing with non-Federal funds. Title VIII: Fusion - Requires the Secretary to report to the Congress within one year after enactment of this Act regarding international collaboration in research, development, and demonstration in technology for the production of electricity from thermonuclear fusion. Outlines report contents. Title IX: Coal - Requires the Secretary, within nine months after the date of enactment of this Act, to provide the Congress with a comprehensive review of clean coal technologies to be developed in federally funded projects under the Department of Energy's Clean Coal Technology Program. Directs the Secretary to establish and implement: (1) research and development programs demonstrating techniques for carbon dioxide recovery and disposal from motor vehicles, electric utility power operations, and industrial manufacturing processes; and (2) a comprehensive program in the fundamental physics and chemistry of coal combustion. Directs the Secretary to support research to improve the efficiency of coal-generated electricity and industrial processes, giving priority to those projects with the greatest potential for reducing the generation of carbon dioxide. Authorizes appropriations for FY 1990 through 1992. Title X: Natural Gas - Directs the Secretary to enter into cooperative agreements with and to provide financial assistance to municipal governments to demonstrate the feasibility of using natural gas as a fuel for urban area mass transit. Sets as a prerequisite to such agreements that the participating municipal government provide at least 25 percent of the demonstration costs. Authorizes appropriations for FY 1990 through 1992. Requires the Secretary to submit a feasibility report to the Congress within nine months after the date of enactment of this Act pertaining to the use of natural gas in diesel-powered vehicles to facilitate compliance with emissions requirements. Directs the Secretary to implement a research, development, and demonstration program (including joint research and development ventures) on nonconventional natural gas recovery techniques, as well as improved techniques for recovering gas from discovered reservoirs. Title XI: Northeast Natural Gas Pipeline Capacity - Requires the Chairman of the Federal Energy Regulatory Commission to transmit to the Congress within 90 days after enactment of this Act recommendations for enacting legislation to expedite final Commission approval of new pipeline projects serving markets in the Northeast United States. Mandates that such legislation require the Commission to take final action by March 31, 1990, on any application currently pending in the Northeast pipeline certificate proceeding which the Commission determines merits certification. Title XII: Natural Resource Policy - Directs the Secretary of the Interior to conduct a study of the ecological and environmental resources that would be affected by a global climate change. Outlines study contents. Directs such Secretary and the Secretary of Agriculture to consider the relative impact on global warming of all Federal forest land management programs, including timber sales and reforestation. Amends the Alaska National Interest Lands Conservation Act to repeal: (1) the annual appropriation for the Tongass National Forest timber utilization program; (2) specified land management provisions; and (3) the mandate given to the Secretary of the Interior to monitor timber supply and demand, and to report thereon to the Congress. Title XIII: Basic Science Initiatives - Authorizes appropriations for FY 1990 through 1992 to specified Federal agencies to conduct certain climatological and ecological research. Title XIV: Development Assistance - Directs the Secretary of State, in conjunction with the Administrator of the Agency for International Development and other specified officials, to report to the Congress on the status of forest resources in tropical countries, including a forest plan with goals for each tropical country. Requires the Administrator to: (1) make financial support available to implement such plan; (2) ensure that all activities supported by U.S. bilateral foreign assistance are consistent with such plan; and (3) take into account each country's measure of success in meeting plan goals when allocating development assistance monies. Prescribes guidelines under which the Secretaries of State and of the Treasury are directed to promote multilateral tropical forestry programs, and to report to the Congress regarding the progress made by each of the multilateral development banks, the United Nations Food and Agriculture Program, the United Nations Development Program, and the International Tropical Timber Organization. Directs the Secretary of Commerce to promulgate regulations within one year after the date of enactment of this Act requiring wood and products containing imported wood to bear a label disclosing the names of such wood and the countries of origin. Requires such Secretary to promulgate regulations prohibiting the importation of wood and wood products containing wood from: (1) tropical forest countries that have not achieved the forest plan goals; (2) countries that import wood or products containing wood harvested in tropical countries that have not achieved forest plan goals; and (3) countries that permit transit of wood or products containing wood harvested in tropical countries that have not achieved forest plan goals. Requires the Secretary to report annually to the Congress on the status of import controls with respect to tropical forest countries that have not achieved the forest plan goals. Amends the Foreign Assistance Act of 1961 to authorize the President to assist developing countries with research and development programs aimed at energy efficiency and energy transmission facilities in rural areas. Prohibits assistance for large-scale production of energy from fossil fuels. Prescribes guidelines under which the President is directed to provide support to aid-receiving countries with emphasis upon end use energy efficiency, least-cost energy planning, and energy conservation. Requires the President to report annually to the Congress regarding the bilateral energy program, including the progress made in reducing greenhouse gas emission. Directs the Secretary of the Treasury to instruct the U.S. Executive Director of each multilateral development bank to: (1) vigorously promote the adoption by each bank of an energy conservation and efficiency program containing specified components; and (2) oppose, except in certain instances, financial or technical assistance to any borrowing country if a least-cost energy plan prioritizing energy conservation, end use energy efficiency, and renewable energy sources is not in place. Directs the Secretary of State to instruct the Ambassador to the United Nations to: (1) vigorously encourage the United Nations Development Program implementing energy conservation and efficiency programs for recipient countries; and (2) oppose the adoption of country programs for any country for which a least-cost energy planning program giving priority to energy conservation, end use energy efficiency, and renewable energy sources is not in place. Requires the Secretary of the Treasury and the Secretary of State to report annually to the Congress regarding the progress of the multilateral development banks and the United Nations Development Program in implementing energy conservation measures. Authorizes the Secretary of the Treasury to modify the loan terms on up to one-half of the sovereign debt owed the United States by developing countries as a condition of adopting forest and energy conservation programs. Directs the Secretary to promulgate regulations implementing such environmental conservation and debt reduction program within one year after the enactment of this Act. Directs the Secretary to encourage the adoption of joint initiatives of debt reduction and conversion by the public and private sectors in member countries of the Organization for Economic Cooperation and Development. Directs the Administrator of the Agency for International Development to report biennially to the Congress regarding the status of energy conservation and efficiency for each country receiving Federal development assistance monies. Directs the Secretary of the Treasury to: (1) instruct the U.S. Executive Director to notify the staff of each multilateral development bank that future Federal contributions will be conditioned upon the successful implementation of a specified energy efficiency program; and (2) report annually to the Congress on the progress made by each multilateral development bank in implementing the energy efficiency program. Requires the Administrator of the Agency for International Development to report to the Congress regarding the options and strategies for the use of bilateral and multilateral development assistance programs sponsored by the United States to control emissions of certain greenhouse gases into the atmosphere. Title XV: International Activities - Declares that it is the policy of the United States that the Secretary of State shall convene an international meeting in the United States by the end of 1992 to adopt a global climate protection convention with measures at least as stringent as those in this Act. Sets forth a percentage reductions schedule for emissions of specified gases. Directs the Secretary of State to: (1) initiate negotiations for the adoption of a binding multilateral agreement requiring specified reductions of nitrogen oxide emissions by 1998; (2) request and, if necessary, convene the parties to the Montreal protocol on substances that deplete the ozone layer for possible control measures reassessment; and (3) convene an international meeting to exchange information regarding nuclear safety issues, including nuclear waste disposal. Directs the Secretary of the Treasury to instruct the U.S. Executive Directors of multilateral development banks to promote lending policies which emphasize specified aspects of energy conservation, renewable energy sources, and greenhouse and promote energy conservation and efficiency, including measures for international energy cooperation, and world population reduction. Directs the Administrator of the Agency for International Development to take specified measures concerning: (1) biological diversity conservation; (2) renewable energy resources and conservation; (3) assistance to developing countries in the use of agricultural and industrial chemicals; and (4) report to the Congress on Agency practices regarding the overseas use of renewable energy technologies. Declares U.S. policy with respect to domestic and international efforts to deal with the greenhouse effect. Requests the President to take steps to establish a long term study of the greenhouse effect, beginning with a one-year cooperative international research program started during or before 1991. Names the year of such program the International Year of the Greenhouse Effect. Title XVI: Moderating World Population Growth - Authorizes appropriations for FY 1990 through 1992 for international population and family planning assistance. Prohibits the use of such funds for: (1) involuntary sterilization; (2) abortion; or (3) the coercion of any person to accept family planning services.
United States · United States Congress · 28 July 1988
Global Environmental Protection Act of 1988 - Title I: Elimination and Regulation of Global Change Pollutants - Part A: Chlorofluorocarbons and Related Chemicals - Act to Eliminate Chlorofluorocarbons and Related Chemicals - States that this Act's objectives are to restore and maintain the chemical and physical integrity of the Earth's atmosphere and to protect human health and the global environment from all known and potential dangers due to atmospheric or climatic modification. Directs the Administrator of the Environmental Protection Agency (EPA) to: (1) publish a priority list of manufactured substances which are known, or may reasonably be anticipated, to cause or contribute to atmospheric or climatic modification, including chlorofluorocarbon-11, chlorofluorocarbon-12, chlorofluorocarbon-13, halon-1211, and halon-1301; (2) create and annually update a list of other manufactured substances which meet such criteria; (3) assign to each listed substance a numerical value representing the ozone depletion potential of such substance. Imposes reporting requirements on producers of listed substances. Phases out, by January 1, 1995, the production or release of other listed substances for any use other than medical purposes. Prohibits the use or introduction into interstate commerce of a priority-listed substance after 1993 or a listed substance after 1998, except for medical purposes or, for ten more years, to maintain and service household appliances. Directs the Administrator to require a producer of a listed substance to reduce its production of such substance more rapidly if new information indicates that expedition is necessary for the protection of human health or the environment or the availability of substitutes makes expedited reductions attainable. Authorizes the President to issue orders exempting from this Act's requirements the production and use of halon-1211 and halon-1301 at any specified site or facility if the President finds that adequate substitutes are not available and the production and use of such substance is necessary to protect national security interests. Prohibits the importation of a priority listed substance, any product containing such substance, or any product manufactured with a process that uses such substance unless the Administrator has certified that the nations in which such substance or product was manufactured and from which such substance or product was imported have programs that require reduced production of such substance and limit the production of other substances covered by this Act pursuant to a schedule and limitations at least as stringent as those applicable under this Act. Deems a person who imports a listed substance or a product containing such substance to have produced such substance for purposes of this Act's requirements. Requires that containers in which listed substances are stored or transported, products containing such substances, and products manufactured with a process using such substances be labeled as harmful to public health and the environment by reason of the effect such substances have on the ozone and climate. Deems listed substances to be hazardous wastes to be disposed of by a means which assure 99.999 percent destruction of such substances. Requires that goods which contain a listed substance in bulk be disposed of by persons licensed to accept such goods and be disposed of only after the listed substance has been removed from confinement and destroyed. Provides that when such substance is an inherent element of a product, such product must be disposed of by a means assuring 99.999 percent destruction. Prohibits the release of listed substances in other than de minimis quantities. Prohibits the use of listed substances in goods if more than five percent of such substance will be released during the ordinary use of the goods or the goods cannot be serviced with no more than a de minimis release of such substances. Part B: Carbon Dioxide - Act to Reduce and Stabilize Atmospheric Concentrations of Carbon Dioxide - Requires the Administrator to revise stationary source emission standards by January 1, 1990, and express such standards in terms of carbon dioxide emitted per unit of electricity output. Sets carbon dioxide emission standards for fossil fuel fired electric utility generating units. Amends the Clean Air Act to set motor vehicle carbon dioxide emission standards which require a reduction of such emissions of at least ten percent by 1990, 25 percent by 1995, 50 percent by 2000, and 75 percent by 2010 from 1985 carbon dioxide emission levels. Requires that, after January 1, 1992, new homes which are equipped with a central furnace, central air-conditioner, or hot-water heater be equipped only with one that satisfies the carbon dioxide emission limitation achieved by the best available residential control technology. Requires that each replacement central furnace, central air-conditioner, or hot-water heater installed in a home after 1992 satisfy such limitation. Part C: Ground Level Ozone - Act to Minimize Ground Level Ozone - Directs the Administrator to set oxides of nitrogen emission controls for stationary and vehicular sources of such emissions. Sets the oxides of nitrogen emission limit at .4 gram per mile for light duty vehicles manufactured in model year 1990 and thereafter. Requires the Administrator to set hydrocarbon emission controls for stationary and vehicular sources of such emissions. Requires that existing stationary sources: (1) meet the hydrocarbon emission control achievable through the adoption of reasonably available control technologies; and (2) comply, upon the 35th anniversary of their construction, with hydrocarbon emission standards applicable to new major stationary sources. Directs the Administrator to set a hydrocarbon emission limit of .25 gram per vehicle mile for light duty vehicles manufactured in model year 1992 and thereafter. Requires vehicles manufactured during and after model year 1991 to have on board hydrocarbon control technology to recover fueling emissions. Requires the promulgation of standards concerning certain other vehicular emissions. Prohibits, beginning with model year 1991, the manufacture, sale, or introduction into commerce of any engine that requires leaded gasoline. Sets the useful life of a light duty vehicle, during which emission standards remain applicable, at ten years or one hundred thousand miles, whichever first occurs. Adds an idle test mode to the Federal Test Procedure for light-duty vehicles. Requires the Administrator to establish at least one high altitude site for testing vehicles for conformity with emission and fuel standards. Imposes civil monetary penalties against individuals who remove or render inoperative any emission control device, except as necessary in the course of routine proper maintenance. Directs each State which is required to implement a vehicle inspection and maintenance program to adopt quality control audits to assure that such inspections detect and report to the Administrator any patterns of defects in any manufacturer's emission control systems. Requires the Administrator to annually report to the Congress, with respect to each manufacturer, any significant finding of repeated or common emission system defects and the actions taken to remedy such nonconformity. Requires vehicle manufacturers to affix on vehicles manufactured during and after model year 1990, a label indicating the full cost of applying the warranty assuring compliance with emission and fuel standards for the useful life of the vehicle. Authorizes manufacturers to sell extended warranties, but permits purchasers to buy an extended warranty from any other vendor of such warranties. Makes purchasers responsible for replacing and maintaining, at their expenses and at any service facility of their choosing, devices related to but not designed for emission control, unless such device is covered by an extended warranty. Sets limits on the sulfur content of diesel fuel and the Reid vapor pressure of gasoline and ethanol/gasoline blends, and a floor on the oxygen content of fuel in carbon monoxide nonattainment areas. Sets forth reporting requirements. Imposes civil monetary penalties on violators of fuel regulations. Requires each State to implement a vehicle emission control inspection and maintenance program to reduce in-use emissions of hydrocarbons, carbon monoxide, oxides of nitrogen, and diesel particulates from motor vehicles. Part D: Methane - Methane Emissions Elimination Act - Directs the Administrator to report to the Congress by January 1, 1991, on: (1) the contribution of methane gas to global climate change; (2) the sources and sinks of methane; (3) the methods of controlling methane emissions; and (4) the relationship between methane emissions and concentrations of other trace gases. Requires that State solid waste management plans provide for the minimization of emissions of methane and other gases during the operation and after the closure of sanitary landfills. Prohibits, after 1993, mass releases and flaring of methane. Part E: Miscellaneous Provisions - Authorizes the Administrator to respond to violations of this title's requirements by assessing a civil penalty against violators and/or requiring their immediate compliance, or commencing a civil action in the U.S. district court in the district in which the violation occurred for appropriate relief. Imposes civil and criminal penalties for violations of this title's requirements. Provides for judicial review of the Administrator's final actions. Authorizes citizens suits to enforce any permit, regulation, condition, requirement, prohibition, or order which has become effective pursuant to this title. Title II: Global Change Adjustment and Mitigation - Environmental Adjustment Act of 1988 - Amends the National Environmental Policy Act of 1969 to add at the end thereof a new title entitled, "Title III: Global Protection." Atmosphere Protection Act of 1987 - Authorizes and directs that, to the fullest extent possible: (1) policies, regulations, and laws of the United States be interpreted and administered in accordance with such title's policies; and (2) all Federal agencies minimize the impacts of proposed actions on the global environment and prepare environmental impact statements regarding such actions. Requires the Federal Government to undertake a systematic and comprehensive survey of all Federal lands and structures, by January 1, 1990, to ascertain their vulnerability to changes associated with global environmental changes. Directs the President to report to the Congress, by January 1, 1992, on the results of such survey, including recommendations for generic and site-specific actions and policies to preclude further public or private investment in susceptible areas and minimize and mitigate the loss or damage likely to occur. Ground Water Recharge Research and Demonstration Act - Authorizes the Secretary of the Army to undertake a program of research, development, and demonstration of artificial groundwater recharge techniques. Requires the Secretary of the Army to submit to specified congressional committees a final report, by May 30, 1993, and a brief interim report, within 30 months of this Act's enactment, on such activities. Title III: International Cooperation - Directs the President to request the United Nations to promptly establish a temporary new agency, to be headed by the director of the United Nations Environmental Program, to: (1) coordinate international efforts to minimize and mitigate the effects of unavoidable environmental alterations; (2) provide financial, technical, and other assistance to developing nations to facilitate improvements in their standard of living while minimizing or eliminating their contributions to global, continental, and subcontinental scale environmental damages. Directs the President to request the United Nations to establish a temporary program of forestation to: (1) assist and encourage nations in halting activities that are destroying forests; and (2) undertake a global reforestation program. Requires the President to instruct U.S. representatives to other bilateral and multilateral organizations to assure that the activities of such organizations are consistent with this Act's goals and objectives. Title IV: Development of Nonpolluting Energy Sources - Establishes the National Commission on Inherently Safe Nuclear Energy to report to the President and to the Congress by October 30, 1994, on: (1) the nature and magnitude of public fears concerning the safety of nuclear energy and ways to allay such fears by responding to them substantively; (2) the prospects for developing inherently safe nuclear technologies by the year 2010; (3) the reasons for different safety records between domestic companies and between the United States and other nations and changes designed to assure that the best records become the industry standard; and (4) the prospects for developing a nuclear industry capable of supplying at least 50 percent of the Nation's electricity needs through the year 2100 in a manner which enjoys public support. Terminates the Commission on January 1, 1995. Authorizes appropriations for such Commission for FY 1989 through 1995. Establishes as a national goal the generation of 50 percent of the national supply of energy from nonpolluting technologies and practices by the year 2000 and 100 percent by the year 2050.
United States · United States Congress · 27 July 1988
Global Environmental Protection Act of 1988 - Title I: Elimination and Regulation of Global Change Pollutants - Part A: Chlorofluorocarbons and Related Chemicals - Act to Eliminate Chlorofluorocarbons and Related Chemicals - States that this Act's objectives are to restore and maintain the chemical and physical integrity of the Earth's atmosphere and to protect human health and the global environment from all known and potential dangers due to atmospheric or climatic modification. Directs the Administrator, to: (1) publish a priority list of manufactured substances which are known, or may reasonably be anticipated, to cause or contribute to atmospheric or climatic modification, including chlorofluorocarbon-11, chlorofluorocarbon-12, chlorofluorocarbon-13, halon-1211, and halon-1301; (2) create and annually update a list of other manufactured substances which meet such criteria; and (3) assign to each listed substance a numerical value representing the ozone depletion potential of such substance. Imposes reporting requirements on producers of listed substances. Phases out, by January 1, 1999, the production or release of priority-listed substances for any use other than medical purposes. Prohibits the use or introduction into interstate commerce of a priority-listed Phase out, by January 1, 1999, the production or release of other listed substances for any use other than medical purposes. substance after 1993 or a listed substance after 1998, except for medical purposes or, for ten more years, to maintain and service household appliances. Directs the Administrator to require a producer of a listed substance to reduce its production of such substance more rapidly if new information indicates that expedition is necessary for the protection of human health or the environment or the availability of substitutes makes expedited reductions attainable. Authorizes the President to issue orders exempting from this Act's requirements the production and use of halon-1211 and halon-1301 at any specified site or facility if the President finds that adequate substitutes are not available and the production and use of such substance is necessary to protect national security interests. Prohibits the importation of a priority-listed substance, any product containing such substance, or any product manufactured with a process that uses such substance unless the Administrator has certified that the nations in which such substance or product was manufactured and from which such substance or product was imported have programs that require reduced production of such substance and limit the production of other substances covered by this Act pursuant to a schedule and limitations at least as stringent as those applicable under this Act. Deems a person who imports a listed substance or a product containing such substance to have produced such substance for purposes of this Act's requirements. Requires that containers in which listed substances are stored or transported, products containing such substances, and products manufactured with a process using such substances be labeled as harmful to public health and the environment by reason of the effect such substances have on the ozone and climate. Deems listed substances to be hazardous wastes to be disposed of by a means which assure 99.999 percent destruction of such substances. Requires that goods, which contain a listed substance in bulk be disposed of by persons licensed to accept such goods and be disposed of only after the listed substance has been removed from confinement and destroyed. Provides that when such substance is an inherent element of a product, such product must be disposed of by a means assuring 99.999 percent destruction. Prohibits the release of listed substances in other than de minimis quantities. Prohibits the use of listed substances in goods if more than five percent of such substance will be released during the ordinary use of the goods or the goods cannot be serviced with no more than a de minimis release of such substances. Part B: Carbon Dioxide - Act to reduce and stabilize atmospheric concentrations of carbon dioxide - Requires the Administrator to revise stationary source emission standards by January 1, 1990, and express such standards in terms of carbon dioxide emitted per unit of electricity output. Sets carbon dioxide emission standards for fossil fuel fired electric utility generating units. Amends the Clean Air Act to set motor vehicle carbon dioxide emission standards which require a reduction of such emissions of at least ten percent by 1990, 25 percent by 1995, 50 percent by 2000, and 75 percent by 2010 from 1985 carbon dioxide emission levels. Requires that, after January 1, 1992, new homes which are equipped with a central furnace, central air-conditioner, or hot-water heater, be equipped only with one that satisfies the carbon dioxide emission limitation achieved by the best available residential control technology. Requires that each replacement central furnace, central air-conditioner, or hot-water heater installed in a home after 1992 satisfy such limitation. Part C: Ground Level Ozone - Act to minimize ground level ozone - Directs the Administrator to set oxides of nitrogen emission controls for stationary and vehicular sources of such emissions. Sets the oxides of nitrogen emission limit at .4 gram per mile for light duty vehicles manufactured in model year 1990 and thereafter. Requires the Administrator to set hydrocarbon emission controls for stationary and vehicular sources of such emissions. Requires that existing stationary sources: (1) meet the hydrocarbon emission control achievable through the adoption of reasonably available control technologies; and (2) comply, upon the 35th anniversary of their construction, with hydrocarbon emission standards applicable to new major stationary sources. Directs the Administrator to set a hydrocarbon emission limit of .25 gram per vehicle mile for light duty vehicles manufactured in model year 1992 and thereafter. Requires vehicles manufactured during and after model year 1991 to have on-board hydrocarbon control technology to recover fueling emissions. Requires the promulgation of standards concerning certain other vehicular emissions. Prohibits, beginning with model year 1991, the manufacture, sale, or introduction into commerce of any engine that requires leaded gasoline. Sets the useful life of a light duty vehicle, during which emission standards remain applicable, at ten years or one hundred thousand miles, whichever first occurs. Adds an idle test mode to the Federal Test Procedure for light-duty vehicles. Requires the Administrator to establish at least one high altitude site for testing vehicles for conformity with emission and fuel standards. Imposes civil monetary penalties against individuals who remove or render inoperative any emission control device, except as necessary in the course of routine proper maintenance. Directs each State which is required to implement a vehicle inspection and maintenance program to adopt quality control audits to assure that such inspections detect and report to the Administrator any patterns of defects in any manufacturer's emission control systems. Requires the Administrator to annually report to the Congress, with respect to each manufacturer, any significant finding of repeated or common emission system defects and the actions taken to remedy such nonconformity. Requires vehicle manufacturers to affix on vehicles manufactured during and after model year 1990, a label indicating the full cost of applying the warranty assuring compliance with emission and fuel standards for the useful life of the vehicle. Authorizes manufacturers to sell extended warranties, but permits purchasers to buy an extended warranty from any other vendor of such warranties. Makes purchasers responsible for replacing and maintaining, at their expense and at any service facility of their choosing, devices related to, but not designed for, emission control, unless such device is covered by an extended warranty. Sets limits on the sulfur content of diesel fuel and the Reid vapor pressure of gasoline and ethanol/gasoline blends, and a floor on the oxygen content of fuel in carbon monoxide nonattainment areas. Sets forth reporting requirements. Imposes civil monetary penalties on violators of fuel regulations. Requires each State to implement a vehicle emission control inspection and maintenance program to reduce in-use emissions of hydrocarbons, carbon monoxide, oxides of nitrogen, and diesel particulates from motor vehicles. Part D: Methane - Methane Emissions Elimination Act - Directs the Administrator to report to the Congress by January 1, 1991, on: (1) the contribution of methane gas to global climate change; (2) the sources and sinks of methane; (3) the methods of controlling methane emissions; and (4) the relationship between methane emissions and concentrations of other trace gases. Requires that State solid waste management plans provide for the minimization of emissions of methane and other gases during the operation and after the closure of sanitary landfills. Prohibits, after 1993, mass releases and flaring of methane. Part E: Miscellaneous Provisions - Authorizes the Administrator to respond to violations of this title's requirements by assessing a civil penalty against violators and/or requiring their immediate compliance, or commencing a civil action in the United States district court in the district in which the violation occurred for appropriate relief. Imposes civil and criminal penalties for violations of this title's requirements. Provides for judicial review of the Administrator's final actions. Authorizes citizen suits to enforce any permit, regulation, condition, requirement, prohibition, or order which has become effective pursuant to this title. Title II: Global Change Adjustment and Mitigation - Environmental Adjustment Act of 1988 - Amends the National Environmental Policy Act of 1969 to add at the end thereof a new title entitled, "Title III: Global Protection." Atmosphere Protection Act of 1987 - Authorizes and directs that, to the fullest extent possible: (1) policies, regulations, and laws of the United States be interpreted and administered in accordance with such title's policies; and (2) all Federal agencies minimize the impacts of proposed actions on the global environment and prepare environmental impact statements regarding such actions. Requires the Federal Government to undertake a systematic and comprehensive survey of all Federal lands and structures, by January 1, 1990, to ascertain their vulnerability to changes associated with global environmental changes. Directs the President to report to the Congress, by January 1, 1992, on the results of such survey, including recommendations for generic and site-specific actions and policies to preclude further public or private investment in susceptible areas and minimize and mitigate the loss or damage likely to occur. Ground Water Recharge Research and Demonstration Act - Authorizes the Secretary of the Army to undertake a program of research, development, and demonstration of artificial groundwater recharge techniques. Requires the Secretary of the Army to submit to specified congressional committees a final report, by May 30, 1993, and a brief interim report, within 30 months of this Act's enactment, on such activities. Title III: International Cooperation - Directs the President to request the United Nations to promptly establish a temporary new agency, to be headed by the director of the United Nations Environmental Program, to: (1) coordinate international efforts to minimize and mitigate the effects of unavoidable environmental alterations; (2) provide financial, technical, and other assistance to developing nations to facilitate improvements in their standard of living while minimizing or eliminating their contributions to global, continental, and subcontinental-scale environmental damages. Directs the President to request the United Nations to establish a temporary program of forestation to: (1) assist and encourage nations in halting activities that are destroying forests; and (2) undertake a global reforestation program. Requires the President to instruct U.S. representatives to other bilateral and multilateral organizations to assure that the activities of such organizations are consistent with this Act's goals and objectives. Title IV: Elevation of the Environmental Protection Agency to Cabinet Level - Redesignates the Environmental Protection Agency as the Department of Environmental Protection, an executive department to be administered by a Secretary of Environmental Protection appointed by the President. Title V: Development of Nonpolluting Energy Sources - Establishes the National Commission on Inherently Safe Nuclear Energy to report to the President and to the Congress by October 30, 1994, on: (1) the nature and magnitude of public fears concerning the safety of nuclear energy and ways to allay such fears by responding to them substantively; (2) the prospects for developing inherently safe nuclear technologies by the year 2010; (3) the reasons for different safety records between domestic companies and between the United States and other nations, and changes designed to assure that the best records become the industry standard; and (4) the prospects for developing a nuclear industry capable of supplying at least 50 percent of the Nation's electricity needs through the year 2100 in a manner which enjoys public support. Terminates the Commission on January 1, 1995. Authorizes appropriations for such Commission for FY 1989 through 1995. Establishes as a national goal the generation of 50 percent of the national supply of energy from nonpolluting technologies and practices by the year 2000 and 100 percent by the year 2050.
United States · United States Congress · 14 July 1988
Stafford Student Loan Default Prevention and Management Act of 1988 - Title I: Default Management - Amends the Higher Education Act of 1965 (the Act) to require default management plans to be developed and carried out by certain guaranty agencies, eligible lenders, and eligible institutions with high default rates under part B (the Robert T. Stafford Student Loan Program, formerly known as the Guaranteed Student Loan Program) of title IV (Student Assistance) of the Act. Directs the Secretary of Education (the Secretary) to determine the default rates for guaranty agencies, eligible lenders, and eligible institutions. Requires those guaranty agencies, lenders, and institutions with default rates in excess of 25 percent to develop and carry out default management plans. Subjects guaranty agencies, lenders, and institutions with high volume default rates in the highest five percent by volume of defaulted student loans to program review by the Secretary (in the case of guaranty agencies) or by the State guaranty agency (in the case of lenders or institutions). Directs the Secretary (or the State guaranty agency, as the case may be) to develop and implement a default management plan for such guaranty agencies, lenders, or institutions if it is determined that their management practices substantially contribute to the high volume default. Sets forth default management provisions which may be required under such plans. Sets forth procedural requirements relating to such plans. Sets forth plan enforcement procedures, including limitation, suspension, or termination proceedings. Sets forth formulas for the calculation of default rates. Revises definitions of guaranty agency, eligible lender, and eligible institution to disqualify those that fail or refuse to develop default management plans. Title II: Improved Stafford Student Loan Collection Provisions - Requires each eligible institution to transmit financial aid transcripts (necessary for loan need determination statements) within 30 days of receiving a request from another such institution. Requires lenders or holders of the loan to notify the borrower, within 180 days after the student borrower leaves the eligible institution, of the month in which the repayment period begins, for both federally-insured student loans (FISL loans) and guaranteed student loans under the Stafford program (Stafford loans). Requires lenders of Stafford loans to notify the guaranty agency (and the borrower, if the loan is to be paid at a new address) of any sale or transfer of the loan to another holder, and the address and phone number through which to contact such other holder concerning loan repayment, within 60 days of such sale or transfer. Authorizes guaranty agencies, when the location of a student borrower is unknown or unavailable to them, to enter into agreements for the appropriate State licensing board to provide that information. Authorizes guaranty agencies to enter into agreements for eligible institutions to make payments on loans in default. Prohibits such eligible institutions from: (1) adversely affecting the rights of borrowers in entering into agreements with them to pay their loans; or (2) being relieved of responsibility for carrying out a default management plan, for more than one year. Eliminates loan repayment deferments that are based on the status of the child rather than the parent, under the parent loan (PLUS) program. Requires lenders to obtain a credit check of applicants for PLUS loans. Allows the lender to charge the applicant for the actual cost of such credit check, up to $25. Requires applicants with negative credit histories to obtain credit-worthy cosigners. Requires an administrative fee, not to exceed five percent of the principal, to be charged to the borrower and paid to the Secretary by the lender, under the Supplemental Loans for Students (SLS) and PLUS loan programs. Requires that the amount to be consolidated be greater than $7,500, in order for a borrower to consolidate loans borrowed for an enrollment period of 12 months or less. Sets forth additional requirements with respect to disbursement of student loans. Requires multiple disbursement of student loans under the Stafford Student Loan program. Requires that any such loan for $1,000 or more for an enrollment period ending more than 180 days or six months after the disbursement date, be disbursed in two or more installments, none of which exceeds one-half of the loan. Requires a minimum interval between the first and second installments. Requires such interval to be at least one-half of the enrollment period, except as necessary to permit disbursement of the second installment at the beginning of the second semester, quarter, or similar division of such enrollment period. Sets forth requirements for the initial disbursement. Prohibits disbursement of the first installment to a new student borrower entering the first undergraduate year until: (1) 30 days after the beginning of the enrollment period; and (2) the institution certifies to the lender that the student continues to be enrolled in good standing at the institution and has received specified loan counseling. Prohibits disbursement of loans to any other student more than 30 days before the beginning of the enrollment period. Sets forth requirements for methods of multiple disbursement. Requires the lender or escrow agent to withhold a second or succeeding installment if the borrower has ceased to be enrolled on at least a half-time basis. Provides that all loans issued for the same enrollment period shall be considered a single loan for specified purposes. Excludes from such additional disbursement requirements parent (PLUS) loans, consolidation loans, and loans to cover study at an institution outside the United States. Provides for transmittal of institutional disbursement schedules to lenders. Applies such additional disbursement requirements to the Stafford, SLS, and FISL programs. Directs the Secretary, guaranty agency, eligible lender, or subsequent holder to disclose to credit bureau organizations any information concerning the date a delinquency began and the repayment status of any loan that has been delinquent for 90 days. Requires that the borrower be informed that such organizations will be notified of such delinquency. Requires eligible lenders to furnish appropriate eligible institutions and guaranty agencies with lists of delinquent Stafford loan borrowers within 120 days of the date on which the loan is delinquent. Disqualifies guaranty agencies which sell lists of student borrowers with Stafford loans. Requires student borrowers to provide the lender at the time of loan application with their driver's license number and the name and address of their next of kin. Requires each eligible institution to require, during the exit interview, student borrowers to submit their address, name and address of next of kin, and driver's license number. Requires institutions, under student aid program participating agreements, to withhold academic transcripts of student borrowers in default on any title IV loan unless this will prevent the borrower from obtaining employment and repaying the loan. Prohibits institutions, under student aid program participation agreements, from: (1) using any contractor or anyone other than a salaried employee to make final determinations that an individual meets the institution's admissions requirements; or (2) paying any commission, bonus, or other incentive to any person making such final determination. Requires an institution to use the same definition of "academic year" for all programs authorized by title IV of the Act. Authorizes the Secretary to prescribe regulations for the limitation, suspension, or termination of eligibility of an individual or organization to administer any aspect of an institution's student assistance program. Limits such suspensions to 60 days, unless the organization and the Secretary agree to an extension, or unless limitation or termination proceedings are initiated. Directs the Comptroller General to: (1) conduct a study relating to the discharge of student loan indebtedness in bankruptcy proceedings; and (2) report the results of such study to the Congress within three years after enactment of this Act. Title III: Federal Responsibilities - Directs the Secretary to develop and publish an annual default report to the Congress, beginning on September 30, 1988, which includes: (1) the annual default rate for the Stafford Student Loan program; (2) a summary of the default rates for guaranty agencies, lenders, and institutions determined under default management plan positions; and (3) the net dollar volume in default for each such entity. Directs the Secretary to: (1) prepare a list of guaranty agencies, a list of eligible lenders, and a list of eligible institutions in the order of the volume of Stafford student loans in default for each such entity; and (2) identify the highest five percent of entities on each such list. Directs the Secretary to: (1) develop a plan, to be published in the Federal Register for public comment, for conducting program reviews of all guaranty agencies, eligible lenders, and eligible institutions; (2) report annually to the Congress on the results of such reviews; and (3) give priority to conducting program reviews of guaranty agencies and eligible institutions with the highest default rates and the highest dollar value of loans in default. Directs the Secretary to promulgate regulations specifying legal restrictions and requirements for eligible institutions relating to loan counseling and reporting, including disclosure of borrower records to third parties, the Fair Debt Collection Practices Act, and other applicable Federal laws. Prohibits an institution from being certified or recertified as eligible for the Stafford Student Loan program or other title IV programs if it: (1) has had its accreditation withdrawn, revoked, or otherwise terminated for cause during the preceding 24 months; or (2) has withdrawn from accreditation voluntarily under a show cause or suspension order during such period. Authorizes the Secretary to carry out limitation, suspension, or termination proceedings against an institution if it: (1) withdraws from an accrediting agency or association during a show cause or suspension proceeding; or (2) is denied institutional accreditation. Authorizes the Secretary to arrange with accrediting agencies and associations to assure notice of such denials of institutional accreditation. Prohibits the Secretary from approving the accreditation of an eligible institution if such institution is in the process of receiving a new accreditation unless the institution submits to the Secretary all materials relating to the prior accreditation, including its reasons, if applicable, for changing the accrediting agency or association. Directs the Secretary to contract for, or establish, and publicize a toll-free telephone number as a consumer hotline for use by the public, to permit students to inform the Department of alleged fraud or unfair practices by eligible institutions. Directs the Secretary to make such hotline generally available to students receiving title IV financial assistance, through arrangements to use the facilities of institutions with program participation agreements. Requires (current law authorizes) the Secretary to establish the National Student Loan Data System and to assure that such computerized System is operable by October 1, 1989. Requires guaranty agencies to: (1) furnish the Department with information to be used in the System, on the amount of, and other relevant data about, each loan under the Stafford Student Loan program; (2) expand and standardize the confirmation reports required by this Act to assure such information is provided at least bimonthly on delinquencies, defaults, and borrower status changes; and (3) provide the Secretary with complete and accurate data for the System on a quarterly basis. Authorizes the Secretary to require an institution to refund the student's tuition and fees in cases of violation, failure, or misrepresentation under title IV of the Act. Directs the Secretary to establish refund procedures which first require payment to the Federal Government and then require payment to the lender. Title IV: Amendments to the Needs Analysis Provisions - Revises need analysis provisions under title IV of the Act. Revises the definition of independent student. Modifies provisions for the computation of parents' contribution, for purposes of Pell Grant need analysis and general need analysis, to require that a family member be enrolled at an eligible institution in a postsecondary education program which meets specified requirements that it lead to a degree, certificate, or other recognized educational credential, in order for that family member to be counted as in college. Modifies Pell Grant need analysis provisions relating to student income. Revises eligibility determinations for single independent students or married independent students without other dependents, with respect to: (1) computations of student aid index and standard contribution from student's and spouse's income; (2) determinations of effective family income for single independent students without other dependents and for married independent students without other dependents; (3) total offsets against income; (4) assessment of discretionary income; and (5) contribution from student's and spouse's assets. Modifies general need analysis provisions relating to student income, with respect to determinations of appropriate income contributions. Reduces from 70 percent to 40 percent the amount of student income considered for purposes of expected contribution by: (1) a dependent student; and (2) an independent student without dependents. Sets forth special rules allowing student financial aid administrators to make necessary adjustments in need analysis with respect to the following groups in the following ways. Allows the costs of food and shelter for dependent care to be included in the cost of attendance, in the case of independent students with dependents and with incomes less than the Standard Maintenance Allowance. Allows projected income for the award year to be considered instead of income reported for the preceding tax year, and allows the primary residence to be excluded, in the calculation of the expected family contribution in the case of dislocated workers. Allows the net value of investments and real estate, including the primary residence, to be excluded in the calculation of expected family contribution, in the case of displaced homemakers. Excludes the net value of the principal place of residence from determinations of expected contributions under both Pell Grant and general need analysis. Title V: Other Higher Education Amendments - Revises provisions relating to the period of eligibility for Pell Grants to limit such period to the full-time equivalent of: (1) the number of academic years that the undergraduate degree normally requires, plus one academic year; or (2) six academic years in the case of a degree or certificate program normally requiring more than four academic years. Revises College Work-Study program eligibility standards to require that only need-based employment (employment that directly offsets educational expenses) be monitored for purposes of such eligibility determinations. Specifies that individuals serving in a medical internship or residency program leading to a degree or certificate awarded by a hospital or health care facility are eligible for certain two-year deferments from student loan repayment (but not eligible for certain others) under the FISL, Stafford Student Loan, and Direct Student Loan programs. Revises provisions relating to the Student Loan Marketing Association (Sallie Mae). Revises provisions for its Board of Directors with respect to: (1) composition; (2) terms of elected and appointed members; (3) election of Chairman; (4) meetings; and (5) functions. Requires that there be a single class of voting common stock, and that previously held non-voting stock be converted to voting stock. Entitles these revisions as the Student Loan Marketing Association Amendments of 1988. Revises provisions for forms and regulations. Requires that the common Federal student aid application contain the minimum data elements necessary for determination of a student's financial need. Provides for collection and use of additional data. Requires competitive bidding to determine qualified processors, and sets forth criteria for participation in such bidding process. Requires eligible institutions to provide statements to student aid recipients listing the estimated student assistance, specifying the amount and type of assistance awarded under title IV of the Act, and indicating that such aid is federally supported. Amends the General Education Provisions Act (GEPA) to no longer exclude programs under the Higher Education Act of 1965 from GEPA audit provisions. Title VI: Effective Dates - Sets forth effective dates for various provisions of this Act.
United States · United States Congress · 14 July 1988
Oil Pollution Liability and Compensation Act of 1988 - Title I: Oil Pollution Liability and Compensation - Establishes the Oil Spill Compensation Fund. Makes vessel owners or operators of onshore or offshore facilities liable for removal costs and for economic or natural resource damages including: (1) injury or loss of real or personal property or natural resources; (2) loss of use (including subsistence use) of natural resources; (3) loss or impairment of income, profits, or earning capacity; and (4) loss of Federal and State tax, royalty, rental, or net profits share revenue for up to one year. Establishes liability limits for: (1) owners and operators of tankers; (2) other vessel owners; (3) lessees and permittees of Outer Continental Shelf facilities; (4) deepwater port facility owners; and (5) other facility owners. Excludes interest (including prejudgment interest) from such limits. Authorizes the President to establish lower liability limits for other onshore or offshore facilities. Requires the periodic adjustment of liability limits to reflect increases in the Consumer Price Index. Makes the President (or the authorized representative of any State or foreign government) the trustee to act on behalf of the public to recover damages for injury to Federal, State, or foreign government natural resources. Requires the President, acting through the Administrator of the National Oceanic and Atmospheric Administration, to promulgate regulations within two years of enactment of this Act for the assessment of damages for injury to natural resources resulting from an oil discharge. Requires that such regulations be reviewed and revised (if necessary) every two years. Makes the owner or operator of a vessel liable under: (1) this Act; (2) maritime tort law; and (3) the Clean Water Act. Directs the President to use the money in the Oil Spill Compensation Fund for specified removal costs and damages. Requires the President to publish regulations regarding implementation of the authority to obligate the Fund or enter into agreements. Authorizes the States to obligate the Fund for a maximum of $250,000 per discharge or substantial threat of discharge of oil and to enter into agreements with the President for additional Fund monies. Provides that the Attorney General, (upon request of the President) shall commence an action against the responsible foreign government or other responsible party to recover any costs paid from the Fund as a result of oil discharge or substantial threat of discharge from a foreign offshore unit. Requires the owner or operator of certain-size vessels and offshore facilities to establish financial responsibility sufficient to meet the maximum amount of liability to which such persons could be subjected under this Act. Provides for judicial review of regulations and actions under this Act. Grants State courts jurisdiction to hear cases under this Act, as well as under State law. Permits the States to impose additional liability or requirements regarding oil discharges within their borders. Retains the rights of the States to maintain a fund for oil pollution compensation. Authorizes the States to enforce the financial responsibility requirements of this Act. Requires the President to consult with the affected States regarding removal actions. Requires the President to report to the Congress within one year after enactment of this Act regarding a study on improved methods for oil discharge prevention in restricted waters. Title II: Conforming Amendments - Makes conforming amendments to the following Acts: (1) the Trans-Alaska Pipeline Authorization Act; (2) the Intervention on the High Seas Act; (3) the Clean Water Act; (4) the Deepwater Port Act; and (5) the Outer Continental Shelf Lands Act. Amends the Trans-Alaska Pipeline Authorization Act to abolish the Trans-Alaska Pipeline Liability Fund. Replaces the Trans-Alaska Pipeline Liability Fund and the Deepwater Port Liability Fund with the Oil Spill Compensation Fund of this Act. Repeals the oil spill liability provisions of the Outer Continental Shelf Lands Act Amendments of 1978 (thereby replacing the Offshore Oil Pollution Compensation Fund under that Act with the Oil Spill Compensation Fund established in this Act). Amends the Clean Water Act to: (1) require persons in charge of a vessel or onshore facility who have knowledge of an oil discharge to immediately notify the affected State; and (2) increase from one year to three years the prison term for failure to report such discharge.
United States · United States Congress · 13 July 1988
National Geography Studies Centers Act - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to enter into a contract with the Education Foundation of the National Geographic Society (the contractor) to pay the Federal share (75 percent) of the cost of establishing and operating National Geography Studies Centers for the study of geography in elementary and secondary schools. Authorizes the contractor to enter into contracts with or make grants to local educational agencies, State educational agencies, State higher educational agencies, institutions of higher education, or consortia thereof, to establish and operate such Centers. Requires each Center to: (1) support programs for geography study by elementary and secondary school students, that may include laboratory schools and summer institutes; (2) support programs which provide elementary and secondary school teacher retraining and inservice training in geography; and (3) establish procedures, through an advisory panel, for selecting students and teachers for center-supported programs. Requires such procedures to take account of geographic distribution and the needs of students and teachers from historically underrepresented groups. Authorizes each Center to: (1) support development and dissemination of innovative geography cirricula; (2) develop geography curricula to be used in other subject areas; and (3) provide technical and resource assistance in geography to schools in the region served. Raises from six to seven percent the maximum portion of funds for Federal, State, and Local Partnerships for Educational Improvement which the Secretary is to reserve for National Programs and Activities. Includes the National Geography Studies Centers among such National Programs and Activities, and requires that a specified minimum amount be made available for such Centers, subject to the availability of funds for any fiscal year for National Programs and Activities.
United States · United States Congress · 13 July 1988
Designates the Labor Day Weekend beginning on September 3, 1988, as National Drive for Life Weekend. Calls on people to observe that weekend with a pledge to not drink and drive.
United States · United States Congress · 28 June 1988
Department of Environmental Protection Act - Redesignates the Environmental Protection Agency as the Department of Environmental Protection, an executive department to be administered by a Secretary of Environmental Protection appointed by the President.
United States · United States Congress · 28 June 1988
Expresses the sense of the Congress: (1) encouraging and supporting the Amateur Radio Service and its emergency communications efforts; and (2) urging Government agencies to avoid actions that would reduce amateur radio frequency allocations used for emergency communications.
United States · United States Congress · 23 June 1988
Hunger Prevention Act of 1988 - Title I: Emergency Hunger Prevention - Subtitle A: Temporary Emergency Food Assistance Program - Amends the Temporary Emergency Food Assistance Act of 1983 to state that the dairy export incentive program and the export sales of dairy products program shall not be operated in a way that will reduce the dairy products available for the temporary emergency food assistance program (TEFAP) or any other domestic feeding program. Directs the Secretary of Agriculture to establish procedures for non-Federal commodity contributions to Federal food assistance programs. Authorizes States and feeding organizations to use TEFAP funds, equipment, and facilities to store, handle, and distribute such commodity contributions. Permits States to use up to three percent of TEFAP funds for food assistance information programs. Directs State and local agencies to continue to use volunteers and donated food stuffs in food distribution programs. Extends TEFAP, including storage and distribution authorizations, through FY 1990. Increases the amount of TEFAP funds for emergency feeding organizations. Extends TEFAP commodity estimate requirements through FY 1990. Directs the Secretary, during each of FY 1989 and 1990, to purchase and makes available for food assistance at least $145,000,000 worth of high protein additional commodities. Establishes a State distribution formula based on 60 percent poverty level and 40 percent unemployment. Authorizes appropriations. Directs States to use TEFAP funds for the costs of distributing additional commodities to emergency feeding organizations, soup kitchens, and other meal sites and charitable organizations. Amends the Food Security Act of 1985 to extend through FY 1991: (1) the dairy export incentive program; and (2) the export sales of dairy products program. Subtitle B: Soup Kitchens and Other Emergency Food Aid - Directs the Secretary, during each of FY 1989 through 1991, to purchase and make available to soup kitchens and other meal sites and charitable organizations $40,000,000 of additional commodities. Establishes a State distribution formula based on 60 percent poverty level and 40 percent unemployment. Authorizes appropriations. Subtitle C: Basic Food Stamp Benefit Levels - Amends the Food Stamp Act of 1977 to increase basic food stamp benefit levels as follows: (1) for the period of January 1, 1989, through September 30, 1989, basic benefits would be set at 79 percent of the Department of Agriculture's low-cost food plan; (2) for FY 1990 at 79.5 percent of such plan; and (3) for post-FY 1990 at 80 percent of such plan. Subtitle D: Commodity Supplemental Food Program - Directs the Commodity Credit Corporation (CCC) to make 7,000,000 pounds of cheese available in each of FY 1989 and 1990 to the commodity supplemental food program. Title II: Nutrition Improvements - Subtitle A: Food Stamp Act of 1977 - Amends the Food Stamp Act of 1977 to prohibit parents living with their minor children from applying for food stamps as a "household" separate from their co-residents (even if meals are purchased and prepared separately). Makes permanent categorical food stamp program (program) eligibility based on eligibility for specified social security programs. Exempts households with an elderly or disabled member from monthly income tests. States that: (1) household not required to submit monthly income reports shall have their income calculated on a prospective basis; and (2) households required to submit monthly income reports shall have their income calculated on a retrospective basis, except under specified circumstances. Repeals the requirement of prior approval by the Secretary for less than monthly income reporting of certain households. Prohibits a state agency from requiring periodic reporting of households: (1) made up entirely of migrant or seasonal farm workers; (2) made up entirely of homeless persons; or (3) with no earned income and in which all adult members are elderly or disabled. Requires that households reporting monthly be provided with clear and understandable reporting forms. Provides full program benefits for breaks in certification of 30 days of less. Permits households subject to benefit prorating to receive an aggregate benefit allotment. Extends the scope of program information activities. Amends the Homeless Eligibility Clarification Act to make permanent the authority for homeless persons in shelters to receive food stamps. Subtitle B: Child Nutrition Act of 1966, and National School Lunch Act - Amends the Child Nutrition Act of 1966 to increase the school breakfast program reimbursement rate by three cents per meal. Amends the National School Lunch Act to provide an additional meal or snack to children who attend day care centers which are open more than eight hours a day. Amends the Child Nutrition Act of 1966 to define "homeless individual" for purposes of the special supplemental food program (WIC) as an individual who: (1) lacks a fixed and regular nighttime residence; or (2) has a primary nighttime residence that is a publicly or privately operated temporary shelter, an institution providing temporary residence for persons intended to be institutionalized, temporary accommodation in another individual's residence, or a public or private place not normally used as a sleeping accommodation. Makes homeless individuals eligible for the special supplemental food program. Requires State WIC plans to include homeless outreach programs. Amends the National School Lunch Act to permit public or private nonprofit higher education institutions participating in the National Youth Sports program and certain private nonprofit organizations to participate in the summer food program. Title III: Administrative Improvements and Simplification - Subtitle A: Reducing Unnecessary Paperwork - Amends the Food Stamp Act of 1977 to require State agencies to attempt to conciliate a dispute with a program participant before terminating program benefits. Sets forth specified categories of program ineligibility (income, program violations, status) where such procedure shall not be required. Directs the Secretary, in consultation with the Secretary of Health and Human Services, to assist States to develop simple application forms for food stamps, aid to families with dependent children, and Medicaid. Requires State agencies to provide applicant households with a statement of required program verification. Bars program denial because of the failure of a person outside the household to cooperate in such verification. Requires State plans of operation to provide for opportunities to make reports (in person or by telephone) to food stamp offices. Subtitle B: Assuring Accurate Issuance of Benefits - Requires State agencies to promptly restore improperly denied, terminated, or underissued benefits when a household's loss is discovered through a review procedure. Authorizes State agencies to provide special training to: (1) certifying personnel relating to households that include members who are self-employed or engaged in farming; and (2) personnel working with volunteer or nonprofit organizations that offer program screening or information services. Requires the Secretary to annually publish instructional materials for such certifying personnel. Requires State agencies to provide households with a statement describing the household's reporting responsibilities at the time of each certification and recertification. Subtitle C: Reducing Barriers in rural America - Requires State plans of operation to include a procedure for designating rural project areas with transportation problems as appropriate for certification and coupon issuance by mail. Requires such plans to provide that a community of more than 5,000 persons that is more than 30 miles from its certification office be visited at least twice a month by a certification officer unless such community is otherwise served in a manner that provides reasonable program access. Requires the Secretary to set standards for food stamp office closings or relocations which shall seek to minimize the adverse impact on program access, with special emphasis on the needs of rural areas, the elderly, the disabled, and the homeless. Subtitle D: Eliminating Inequities for Farmers and Others - Continues program benefits to participants who receive pay-outs, including direct cash payments, from other Federal assistance programs. Permits households with self-employed farming income and irregular expenses to annualize income and expenses. Excludes from financial resources farm property (land, equipment, or supplies) for a one-year period after a self-employed farmer ceases farming. Prohibits making a household ineligible for program benefits due to its failure to dispose of a farming asset which would produce no funds in excess of any liens, mortgages, or other security interests, or be contrary to a legal duty. Subtitle E: Reducing Barriers for the Elderly and Disabled - Amends the definition of "disabled person" for program purposes to include the following benefits if such benefits are conditioned on criteria at least as stringent as those used under the Social Security Act: (1) interim supplemental security income-type benefits; (2) disability-related medical assistance under Medicaid; and (3) disability-based State assistance. Provides elderly and disabled persons with a simplified procedure for claiming excess medical deductions. Provides for a coordinated aid to families with dependent children-food stamp application. Title IV: Family Self-Sufficiency - Excludes from being considered as income for food stamp program purposes: (1) advance earned income tax credit payments; and (2) dependent care reimbursements under an employment and training program. Increases such maximum reimbursements from $160 per household per month to $160 per dependent per month. Increases the resource limit on automobiles from $4,500 to: (1) $4,700 in FY 1989; (2) $4,900 in FY 1990; (3) $5,150 in FY 1991; (4) $5,400 in FY 1992; and (5) $5,500 in FY 1993. Includes the following within the definition of "employment and training program": (1) high school or equivalent programs; (2) remedial literacy programs; (3) English-as-a-second-language instructional programs; (4) on-the-job training programs; and (5) job readiness programs. Provides, with regard to such employment and training programs, that: (1) the Secretary shall issue regulations under which State agencies shall establish conciliation procedures; (2) Federal funds shall not be used to supplant non-Federal funds for existing services; (3) State or local funds for such services shall be maintained at not less than FY 1987 levels; (4) transportation costs up to $100 per participant per month shall be covered; (5) the Secretary shall establish State performance standards based on employment and achievement of self-sufficiency; (6) Indian tribal organizations may conduct programs on reservations, with State program amounts of Federal assistance reduced as specified; and (7) the Secretary shall develop and transmit to the appropriate congressional committees incentive payment proposals. Title V: Demonstration Projects - Amends the Child Nutrition Act of 1966 to authorize three-year demonstration project grants in ten States to provide coupons (between ten and 20 dollars' worth) to WIC recipients for use at farmers' markets. Requires at least 30 percent State matching funds. Prohibits the use of funds to construct or operate a farmers' market. Limits the use of funds for administrative costs. Requires: (1) State recipients to make annual reports to the Secretary; and (2) the Secretary to provide the appropriation congressional committees with a project evaluation report within two years after the last grant award. Authorizes FY 1989 through 1991 appropriations. Authorizes the Secretary to carry out food bank commodity distribution projects. Requires the Secretary to submit a program report to the appropriate congressional committees by January 3, 1990. Terminates program authority on September 30, 1991. Authorizes FY 1989 through 1991 appropriations. Directs the Secretary, within 30 days after enactment of this Act but not earlier than October 1, 1988, to conduct a one-State demonstration project to reimburse family or group day care centers for providing an additional meal or supplement in order to determine: (1) if such additional meal or supplement increases child care food program participation; (2) the extent to which meal services increase in such homes; and (3) the nutritional impact of such meals and supplements. Requires the Secretary to submit a report to the appropriate congressional committees. Terminates the project not later than 12 months after its initiation. Title VI: Implementation - Sets forth specified effective dates for provisions of this Act.
United States · United States Congress · 23 June 1988
Technology-Related Assistance for Individuals With Disabilities Act of 1988 - Title I: Grants to States - Directs the Secretary of Education to make grants to States for consumer-responsive comprehensive statewide programs of technology-related assistance for individuals of all ages with disabilities. Lists functions and activities which may be included in the programs. Directs the Secretary to award to States three-year grants for statewide programs of technology-related assistance for individuals with disabilities. Provides for the number and amounts of the grants. Gives States receiving grants in one fiscal year priority in the availability of amounts appropriated in the next fiscal year. Directs the Secretary to award grants in a manner that is geographically equitable and that distributes them among States that have differing levels of development of programs of technology-related assistance. Sets forth information and assurances which must accompany an application. Authorizes the Secretary to award a two-year extension grant to any State that demonstrates significant progress of a statewide program of technology-related assistance under a grant provided for in this Act. Provides for the amounts of the extension grants and for priority for previously-participating States. Specifies elements which must be included in an extension grant application. Requires each State that receives a grant under this title to submit an annual report to the Secretary. Sets forth specific requirements for reports with respect to extension grants. Directs the Secretary to establish a system to assess the extent to which States which receive grants under this title are making significant progress. Subjects any State which fails to comply with the requirements of this title to a corrective action plan. Declares that nothing in this title shall be construed to permit the State or any Federal agency to reduce medical or other assistance available or to alter eligibility under: (1) title II (Old Age, Survivors and Disability Insurance), title V (Maternal and Child Health), title XVI (Supplemental Security Income), title XVIII (Medicare), title XIX (Medicaid), or title XX (Block Grants for States for Social Services) of the Social Security Act; (2) the Education of the Handicapped Act; (3) the Rehabilitation Act; or (4) laws relating to veterans' benefits. Authorizes appropriations for FY 1989 through 1993. Directs the Secretary to reserve from amounts appropriated one percent for provision to States of information and technical assistance. Authorizes the Secretary to reserve sums as necessary to cover the cost of on-site visits. Directs the Secretary, directly or by contract, to: (1) conduct a national evaluation of the grant program authorized by this title; and (2) report to the Congress not later than October 1, 1992. Authorizes the Secretary to work with the States to consider and develop a uniform information system designed to report and compile a qualitative and quantitive description of the impact of the grant program. Title II: Programs of National Significance - Part A: Study on Financing of Assistive Technology Devices and Assistive Technology Services for Individuals with Disabilities - Requires the National Council on the Handicapped to: (1) conduct a study and make recommendations to the Congress and the President concerning financing and other aspects of technology-related assistance, devices, and services; and (2) appoint an advisory committee in accordance with the Rehabilitation Act of 1973 to assist the Council in carrying out the Council's duties under this part. Directs the heads of all Federal agencies, to the extent not prohibited by law, to cooperate with the Council. Authorizes the Council, with the consent of the agency involved, to use the resources of Federal, State, local, and private agencies, with or without reimbursement. Sets forth reporting requirements. Part B: National Information and Program Referral Network - Directs the Secretary to enter into any contract or cooperative agreement necessary in order to establish a national information and program referral network to assist States regarding such technology-related assistance, if the Secretary determines it appropriate to establish the network. Requires the contracts or agreements, if any, to be entered into before the end of 30 months after appropriations are enacted. Directs the Secretary to conduct a study of the feasibility and desirability of creating such a network. Authorizes the Secretary to enter into a contract or cooperative agreement necessary to conduct the study. Provides for the content and timetable of the study. Part C: Training and Public Awareness Projects - Directs the Secretary to enter into contracts or cooperative agreements concerning training with regard to the provision of technology-related assistance. Specifies eligible activities. Directs the Secretary to make grants to assist institutions of higher education to prepare personnel for careers relating to the provision of technology-related assistance. Sets forth priorities and specifies allowed uses of funds. Directs the Secretary to make grants or enter into contracts to carry out national projects that build awareness of the importance and efficacy of assistive technology devices and services for individuals of all ages with disabilities functioning in various settings of daily life. Sets forth allowed uses of the funds. Directs the Secretary to establish priorities for the grants and to publish the priorities, along with an explanation of how the priorities were determined, in the Federal Register. Part D: Demonstration and Innovation Projects - Directs the Secretary to make grants or enter into contracts or cooperative agreements to pay all or part of the cost of demonstration and innovation projects concerning technology-related assistance for individuals with disabilities. Sets forth allowed uses of the funds. Part E: Authorization of Appropriations - Authorizes appropriations for FY 1989 through 1993. Sets forth priorities depending on specified levels of appropriations.
United States · United States Congress · 21 June 1988
Expresses the sense of the Senate that the Internal Revenue Service tax offset program should be: (1) reauthorized as soon as possible; and (2) permanently authorized.
United States · United States Congress · 17 June 1988
College Savings Bond Act of 1988 - Authorizes the Secretary of the Treasury to issue college savings bonds in the interest of encouraging long-term savings for postsecondary education. Amends the Internal Revenue Code to exclude from the gross income of an individual any interest on college savings bonds to the extent these proceeds are used to pay the qualified educational expenses (tuition, fees, books, supplies, reasonable living expenses) of the taxpayer, spouse, child, or dependent at an institution of higher education, including a postsecondary vocational school. Decreases the permissible exclusion for taxpayers having adjusted gross income above $60,000, allowing no exclusion if income exceeds $80,000.
United States · United States Congress · 16 June 1988
Worker Adjustment and Retraining Notification Act - Prohibits an employer from ordering a plant closing or mass layoff until the end of a 60-day period after the employer serves written notice of a proposal to issue such an order to: (1) the representative of the affected employees, or if there is no representative, to each affected employee; and (2) the State dislocated worker unit and the affected local government. Defines "employer" as any business enterprise that employs: (1) 100 or more employees, excluding part-time employees; or (2) 100 or more employees who in the aggregate work at least 4,000 hours per week (excluding overtime). Defines "plant closing" as the permanent or temporary shutdown of a single site of employment, or one or more facilities or operating units within a single site of employment, if the shutdown results in an employment loss at the single site of employment during any 30-day period for 50 or more employees, excluding any part-time employees. Defines "mass layoff" as a reduction in force which is not the result of a plant closing and results in an employment loss (excluding part-time employees) at the single site of employment during any 30-day period for: (1) at least 33 percent of the employees and at least 50 employees; or (2) at least 500 employees. Defines "part-time employee" as one who is employed for an average of fewer than 20 hours per week or who has been employed for fewer than six of the 12 months preceding the date of the required notice. Defines "employment loss" as: (1) an employment termination, other than a discharge for cause voluntary departure, or retirement; (2) a layoff exceeding six months; or (3) a reduction in hours of work of more than 50 percent during each month of any six-month period. Excludes from such definition closings or layoffs resulting from part or all of the employer's business being: (1) sold, if the purchaser either agrees to offer employment to the employee with no more than a six-month break in employment or, within 30 days after the purchase, offers such employment to the employee with no more than such a six-month break; or (2) relocated or consolidated, if, prior to the closing or layoff, the employer offers to transfer the employee, with no more than a six-month break in employment, either to a different site of employment within a reasonable commuting distance or to any other site of employment regardless of distance, if in the latter case the employee accepts such transfer within 30 days after the offer or closing or layoff, whichever is later. Provides for reduction of such 60-day notification period if: (1) the closing or layoff is caused by business circumstances not reasonably foreseeable; or (2) giving notification of the shutdown of a single site of employment would have precluded (in the employer's reasonable and good faith belief) obtaining the capital or business which it was actively seeking and which would enable it to avoid or indefinitely postpone the shutdown. Requires employers who rely on exemptions from the 60-day notification period requirement to give as much notice as is practicable, along with a brief statement of the basis for reducing the notification period. Treats as employment losses layoffs of more than six months which, at their outset, were announced to be layoffs of six months or less, unless: (1) the extension beyond six months is caused by business circumstances (including unforeseeable changes in price or cost) not reasonably foreseeable at the time of the initial layoff; and (2) notice is given at the time it becomes reasonably foreseeable that the extension beyond six months will be required. Treats as a plant closing or mass layoff employment losses within any 90-day period for two or more groups at a single site of employment each of which separately is less than the minimum required to trigger notification but which in the aggregate exceed such minimum, unless the employer demonstrates that such employment losses are the result of separate and distinct actions and causes and are not an attempt by the employer to evade the requirements of this Act. Exempts from the notification requirements of this Act a plant closing or mass layoff if: (1) it results from completion of a particular project or undertaking, or the closing of a temporary facility, and the affected employees were hired with the understanding that their employment was limited to the duration of such project, undertaking, or facility; or (2) it constitutes a strike or a lockout not intended to evade the requirements of this Act. Makes an employer who orders a plant closing or mass layoff in violation of the notice requirements of this Act liable to employees for back pay and benefits and subject to civil penalties for violations with respect to a local government. Creates a cause of action in the appropriate U.S. district court to enforce such liability. Authorizes the court in such cases to require the defendant to pay reasonable attorneys' fees, along with the costs of the action. States that such remedies shall be the exclusive remedies for any violation of this Act. States that the rights and remedies provided to employees by this Act are in addition to any other contractual or statutory rights and remedies of the employees. Declares that it is the sense of the Congress that any employer not subject to the notice requirements should, to the extent possible, notify its employees about a proposal to close a plant or permanently reduce its workforce. Directs the Secretary of Labor to prescribe regulations to carry out this Act, including interpretative regulations describing the methods by which employers may provide for appropriate service of notice. Provides that the giving of notice in good faith compliance with this Act shall not constitute a violation of the National Labor Relations Act or the Railway Labor Act.
United States · United States Congress · 16 June 1988
Worker Adjustment and Retraining Notification Act - Prohibits an employer from ordering a plant closing or mass layoff until the end of a 60-day period after the employer serves written notice of a proposal to issue such an order to: (1) the representative of the affected employees, or if there is no representative, to each affected employee; and (2) the State dislocated worker unit and the affected local government. Defines "employer" as any business enterprise that employs: (1) 100 or more employees, excluding part-time employees; or (2) 100 or more employees who in the aggregate work at least 4,000 hours per week (excluding overtime). Defines "plant closing" as the permanent or temporary shutdown of a single site of employment, or one or more facilities or operating units within a single site of employment, if the shutdown results in an employment loss at the single site of employment during any 30-day period for 50 or more employees, excluding any part-time employees. Defines "mass layoff" as a reduction in force which is not the result of a plant closing and results in an employment loss (excluding part-time employees) at the single site of employment during any 30-day period for: (1) at least 33 percent of the employees and at least 50 employees; or (2) at least 500 employees. Defines "part-time employee" as one who is employed for an average of fewer than 20 hours per week or who has been employed for fewer than six of the 12 months preceding the date of the required notice. Defines "employment loss" as: (1) an employment termination, other than a discharge for cause voluntary departure, or retirement; (2) a layoff exceeding six months; or (3) a reduction in hours of work of more than 50 percent during each month of any six-month period. Excludes from such definition closings or layoffs resulting from part or all of the employer's business being: (1) sold, if the purchaser either agrees to offer employment to the employee with no more than a six-month break in employment or, within 30 days after the purchase, offers such employment to the employee with no more than such a six-month break; or (2) relocated or consolidated, if, prior to the closing or layoff, the employer offers to transfer the employee, with no more than a six-month break in employment, either to a different site of employment within a reasonable commuting distance or to any other site of employment regardless of distance, if in the latter case the employee accepts such transfer within 30 days after the offer or closing or layoff, whichever is later. Provides for reduction of such 60-day notification period if: (1) the closing or layoff is caused by business circumstances not reasonably foreseeable; or (2) giving notification of the shutdown of a single site of employment would have precluded (in the employer's reasonable and good faith belief) obtaining the capital or business which it was actively seeking and which would enable it to avoid or indefinitely postpone the shutdown. Requires employers who rely on exemptions from the 60-day notification period requirement to give as much notice as is practicable, along with a brief statement of the basis for reducing the notification period. Treats as employment losses layoffs of more than six months which, at their outset, were announced to be layoffs of six months or less, unless: (1) the extension beyond six months is caused by business circumstances (including unforeseeable changes in price or cost) not reasonably foreseeable at the time of the initial layoff; and (2) notice is given at the time it becomes reasonably foreseeable that the extension beyond six months will be required. Treats as a plant closing or mass layoff employment losses within any 90-day period for two or more groups at a single site of employment each of which separately is less than the minimum required to trigger notification but which in the aggregate exceed such minimum, unless the employer demonstrates that such employment losses are the result of separate and distinct actions and causes and are not an attempt by the employer to evade the requirements of this Act. Exempts from the notification requirements of this Act a plant closing or mass layoff if: (1) it results from completion of a particular project or undertaking, or the closing of a temporary facility, and the affected employees were hired with the understanding that their employment was limited to the duration of such project, undertaking, or facility; or (2) it constitutes a strike or a lockout not intended to evade the requirements of this Act. Makes an employer who orders a plant closing or mass layoff in violation of the notice requirements of this Act liable to employees for back pay and benefits and subject to civil penalties for violations with respect to a local government. Creates a cause of action in the appropriate U.S. district court to enforce such liability. Authorizes the court in such cases to require the defendant to pay reasonable attorneys' fees, along with the costs of the action. States that such remedies shall be the exclusive remedies for any violation of this Act. States that the rights and remedies provided to employees by this Act are in addition to any other contractual or statutory rights and remedies of the employees. Declares that it is the sense of the Congress that any employer not subject to the notice requirements should, to the extent possible, notify its employees about a proposal to close a plant or permanently reduce its workforce. Directs the Secretary of Labor to prescribe regulations to carry out this Act, including interpretative regulations describing the methods by which employers may provide for appropriate service of notice. Provides that the giving of notice in good faith compliance with this Act shall not constitute a violation of the National Labor Relations Act or the Railway Labor Act.
United States · United States Congress · 16 June 1988
Expresses the sense of the Senate that the President should call upon the leaders of the seven major industrial nations at the June Summit to take steps to protect the Earth's stratospheric ozone layer by agreeing to: (1) deposit, by October 1, 1988, all instruments of ratification, acceptance, and approval of the Montreal Protocol on Substances that Deplete the Ozone Layer; (2) call for a meeting of the parties to the Protocol as soon as possible to consider the latest scientific evidence and the necessity for further measures; (3) identify and eliminate, within one year, institutional and legal barriers to encourage recycling and conservation to the maximum extent feasible of specified ozone-depleting substances; and (4) implement, within one year, such recycling and conservation domestically.
United States · United States Congress · 15 June 1988
Construction Safety and Health Improvement Act of 1988 - Amends the Occupational Safety and Health Act of 1970 (the Act) to provide for construction industry accident reporting, recordkeeping, investigation, and work-suspension procedures, for a permit system for hazardous construction operations, and for health and safety planning and supervision of all construction projects. Involves professional engineer-architects in such procedures. Increases civil and criminal violations and penalties under the Act. Defines a Professional Engineer-Architect (E-A) as an individual who: (1) has attained, through engineering education and science, a thorough knowledge of mathematical, physical, and engineering sciences and principles and methods of engineering analysis and design; and (2) is registered, where permitted, as a professional engineer in the State where such work is to be performed. Defines serious injury as one requiring professional medical treatment. Defines hazard analysis as a report: (1) detailing the potential safety hazards (including structural collapses, cave-ins, fires, flooding or other water hazards, explosions, and lightning) that could occur on a construction site throughout the construction process; and (2) containing instructions and provisions for the prevention or handling of potential safety hazards. Sets forth incident reporting, recordkeeping, and investigation procedures relating to construction site accidents. Requires the E-A responsible for the worksite to: (1) immediately investigate any incident upon its occurrence; and (2) report all reportable incidents on the construction worksite to the appropriate regional office of the Occupational Safety and Health Administration (OSHA) by telephone or telegraph immediately after their occurrence. Defines the term "reportable incident" as one that: (1) causes serious injury or death; (2) could have caused serious injury or death, as determined by the E-A; (3) involves a structural failure that leads to a collapse of a building; or (4) involves a near-collapse of a building. Excludes from such term an incident that causes serious injury or death, if an E-A determines that the incident was not a violation of: (1) the project construction process and hazard analysis or the Project Safety and Health Program and Procedures; or (2) the Act or a standard promulgated pursuant to the Act. Sets forth the types of information which such report must specify. Requires the employer, appropriate contractor, or the owner to bar ingress to and egress from, or other interference with, an incident site until OSHA completed its investigation, on the occurrence of a reportable incident involving: (1) three or more serious injuries; (2) a fatality; (3) a life-threatening injury; (4) a structural failure that leads to the collapse of a building; or (5) the near-collapse of a building. Allows necessary medical treatment or medical transportation and rescue and recovery work to take place at such site. Prohibits any work from being done at such site until OSHA completes its investigation and certifies that it is safe for work to continue. Requires the employer, appropriate contractor, or owner to take appropriate measures, as defined by regulations promulgated by the Secretary of Labor (the Secretary), to prevent the destruction of relevant evidence. Directs OSHA to conduct an investigation of such an incident (including site inspection) as soon as practicable after it is reported. Requires the employer, appropriate contractor, or owner to grant OSHA immediate access to the incident site. Requires OSHA to ensure a full investigation. Requires such investigation to take place within 24 hours following receipt of the report unless rescue and recovery operations are in progress or OSHA determines that conditions at the site would make investigation dangerous. Directs OSHA to determine during the investigation whether the incident site is an imminent danger or to certify that work may resume at the site. Directs OSHA, following such investigation, to prepare a description of the incident (including all items specified for E-A reports) and submit it to the area office as soon as possible, but no later than one week following commencement of the investigation. Requires each employer engaged in construction work to file a report with OSHA upon completion of such work at a construction project. Requires such reports to include information on work incidents, injuries, and deaths. Requires that such information be used to: (1) determine the national incident rate average for each type of construction work; and (2) target for inspections high hazard construction operations, and employers that have a higher than average incident rate. Revises provisions for civil and criminal penalties under the Act. Raises to $25,000 the maximum civil penalty for each: (1) willful or repeated violation (currently $10,000); (2) citation for a serious violation (currently $1,000); (3) citation for a violation determined not serious (currently $1,000); and (4) failure (per day) to correct a violation (currently $1,000). Makes mandatory (currently discretionary) the assessment of a civil penalty against employers who fail to correct a violation against which a citation has been issued. Adds criminal penalties for repeated violations of specified standards, rules, or orders under the Act and for failure to correct a violation for which a citation has been issued (as well as for willful violations), if that violation or failure caused death, serious injury, or illness to any employee, or was a serious violation under new provisions covering directors, officers, or agents of a corporate employer who knowingly authorize, order, or carry out violations, failures, or refusals to comply with orders under the Act. Increases the maximum criminal penalties for such violations (after having increased their scope beyond willful violations resulting in an employee death) to $250,000 in fines and/or 20 years' imprisonment (currently $10,000 and/or six months), and, for violations committed after a first conviction, to $500,000 and/or ten years (currently $20,000 and/or one year). Increases the maximum criminal penalties for giving advance notice of an inspection (without the authority of the Secretary or a designee under the Act) to $50,000 in fines and/or one year's imprisonment (currently, $1,000 and/or six months). Increases the maximum criminal penalties for false statements, representations, or certifications under the Act to $100,000 in fines and/or one year's imprisonment (currently $10,000 and/or six months). Increases the maximum civil penalty for a violation of posting requirements to $25,000 (currently $1,000). Revises procedures for the payment of civil penalties to require that interest be charged against a person on any final order of the Occupational Safety and Health Review Commission (the Commission) or the U.S. district court. Specifies such interest rate and requires accrual to begin 30 days after issuance of such order. Subjects any director, officer, or agent of a corporate employer, who knowingly authorized, ordered, or carried out the employer's violation of a safety or health standard or knowing violation or failure or refusal to comply with an order issued under the Act, to the same civil penalties, criminal fines, and imprisonment that may be imposed on a person under applicable provisions of the Act. Prohibits the use of the assets of any business entity to pay, directly or indirectly, a penalty or fine imposed on a director, officer, or agent. Establishes criminal penalties for any director, officer, or agent of any employer who discovers an occupational hazard at the workplace that could cause serious injury or illness to any employee and who fails, during the 15 day-period after such discovery (or immediately, if there is an imminent risk of bodily injury or death), to: (1) inform the Assistant Secretary in writing, unless such person has actual knowledge that the Assistant Secretary has been so informed; and (2) warn affected employees in writing, unless such person has actual knowledge that such employees have been so warned. Sets the maximum penalty for such violation at $250,000 in fines and/or ten years' imprisonment. Prohibits fines from being paid, directly or indirectly, out of the assets of any business entity on behalf of such individual. Establishes criminal penalties for any person who knowingly discriminates against any person in the terms or conditions of employment or in retention in employment or in hiring because of such person's having informed the Assistanct Secretary or warned employees of a serious concealed occupational hazard at the workplace. Sets the maximum penalty for such a violation at $250,000 in fines and/or ten years' imprisonment. Prohibits such fines from being paid, directly or indirectly, out of the assets of any business entity on behalf of such an individual. Prohibits compromise, mitigation, or settlement of any proposed civil penalty that has been: (1) issued under provisions for enforcement procedures under the Act, unless the affected employees or their representative have been given a full opportunity to participate in the process resulting in such an outcome; or (2) contested before the Commission under the Act, except with the Commission's approval. Prohibits compromise, mitigation, or settlement of any penalty assessment that has become a final order of the Commission, except with court approval. Makes each instance a separate violation, for purposes of assessing civil penalties and fines, where there are multiple instances of a violation of a standard under the Act. Considers a serious violation to exist in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition that exists there, or from one or more practices, means, methods, operations, or processes that have been adopted or in use there, unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation. Subjects to criminal penalties, upon conviction, any person who knowingly distributes, offers for sale, introduces, or delivers in commerce any equipment (or components or accessories) for use at a construction site, if such equipment: (1) is represented as complying with the provisions of the Act or any applicable specification or regulation of the Secretary; but (2) does not so comply. Provides that no State or local law shall be superseded by any provision, order, or standard under the Act, unless such law is in conflict with it. Provides that State or local safety and health laws are not in conflict with the Act if they provide standards which are either more stringent than or not provided by the Act. Provides that nothing in the Act shall preclude State and local law enforcement agencies from engaging in criminal prosecutions in accordance with State or local laws. Establishes a permit system for certain construction operations under the Act. Requires the issuance of a permit by an E-A for an employment or place of employment prior to the commencement of any of the following covered operations: (1) the construction of trenches and excavations that are five feet or deeper and into which a person is required to descend; (2) the erection of scaffolding that is more than three stories high; (3) the demolition of any building, structure, or the dismantling of scaffolding, that is more than three stories high; (4) operations involving exposure to asbestos; (5) any other operation that OSHA determines involves an exposure of employees to death or serious bodily harm; and (6) any other operation on a specific project which involves an exposure to death or serious bodily harm. Requires a construction industry employer to obtain such a permit by submitting an application demonstrating that the employer knows, complies with, and intends to comply with, all statutes, regulations, standards, and agency directives applicable to construction work generally and to the covered operation or operations specifically, including all requirements set forth in the Act. Requires such an application to include a copy of: (1) the Project Safety and Health Program Procedures; and (2) the Construction Process Plan and Hazard Analysis. Requires only one application and one permit for two or more operations to be performed concurrently by the same employer. Allows an employer who complies with the general application demonstration requirements to obtain an annual permit in lieu of an application and permit for each covered operation of that employer. Requires the employer, before commencement of work on each new covered operation within the year covered by the annual permit, to: (1) notify the project E-A of the nature, location, and intended date of commencement of such operation; and (2) certify that the demonstration made to obtain such annual permit continues to apply to such new operation. Requires such notification to include copies of that portion of the Project Safety and Health Program and Procedures and the Construction Process Plan and Hazard Analysis that are applicable to such new operation or that have been revised since submission of the permit application. Requires permit applications to be submitted to an E-A for certification (or to OSHA in the absence of a permit certified by an E-A). Directs OSHA to establish a schedule of fees to cover the costs involved in investigating and issuing permits. Requires employers to pay such fees to the E-A or OSHA prior to permit issuance. Requires every employer issued a permit to post a copy or copies at or near each place of employment involving a covered operation (or at the nearest practicable location of such employer if the posting is impracticable at the site of an excavation). Makes specified Federal criminal law penalties applicable to false statements made with respect to permit applications and information. Requires that all construction projects be under the supervision of a professional E-A who is registered in the State where the project is located. Makes the owner of the project responsible for designating the E-A. (Considers the owner to have joint responsibility where the project contract specifically assigns such responsibility to a project or construction manager or a prime or general contractor.) Makes the E-A responsible for: (1) determining whether a project's size or complexity requires the designation of qualified representatives of the E-A to ensure that the work is performed in compliance with all provisions, orders, and standards under the Act; (2) assuring that an adequate number of qualified designated representatives (meeting requirements for being competent persons) are assigned to the project; and (3) the actions, and compliance with the Act, of the designated representatives. Makes the E-A liable to the same extent that the supervisor is liable for violations of the Act. Requires posting at each construction project, near the OSHA poster, of the name and registration number of the E-A and the names of all designated representatives. Allows, in such instances, work on the project to be performed only when the E-A's designated representative or representatives will be present on the work site. Allows work on a construction project to be performed only when the E-A is present on the site, unless the E-A determines and certifies that a designated representative will be present on the site and will be sufficient to assure that the work will be performed in compliance with all provisions, orders, and standards under this Act. Makes the owner responsible for the development and implementation on the project of Project Safety and Health Program and Procedures (project procedures). (Considers the owner to have joint responsibility where the project contract assigns such responsibility to a project or construction manager, contractor, or other person.) Requires project procedures to be job-site specific, with benchmarks for monitoring compliance with the program. Requires that specific duties and responsibilities for monitoring compliance with such procedures be assigned to the E-A or designated representatives. Prohibits certain liability claims against labor-management committee members or labor unions if such a committee participates in monitoring project procedures. Directs the E-A to review project procedures, and to certify approval after determining that they: (1) will adequately address safety and health-related conditions anticipated on the project; and (2) contain appropriate provisions for education and training of employers, supervisors, and employees in the recognition, avoidance, and prevention of unsafe and unhealthy conditions. Requires an E-A to perform or supervise, and the project E-A to verify, any required design (or alterations or modifications in the design) of equipment, structures, temporary structures, drawings, or processes. Requires the E-A to notify in writing the appropriate contractors and subcontractors performing work on the project of the existence of hazardous conditions or work practices that violate any Federal, State, or local safety and health laws or regulations, and of noncompliance with any project procedures. Directs the E-A to notify the owner and to require that work be stopped or affected employees be removed from areas where an imminent danger exists. Requires certification of designated representatives in the appropriate State. Directs the Secretary to review and approve such State certification programs and to provide such certification where such State programs are not provided. Requires every owner to prepare a construction process plan and hazard analysis for every construction project prior to commencement of work on that project. (Considers the owner to have joint responsibility where the project contract assigns such responsibility to a project or construction manager or a project or general contractor.) Requires E-A review and approval of such plan and analysis prior to commencement of work on the project. Requires such plan and analysis to include specified components. Requires the prime or general contractor to provide every other contractor and subcontractor, prior to their commencement of work on the project, with a copy of such plan and analysis. Requires every contractor and subcontractor to maintain the plan and analysis throughout its presence on the project and to make such available for review by its employees and employee representatives. Requires all contractors and subcontractors on the project to observe the construction process plan, unless the E-A certifies an exception from one or more aspects of the plan. Requires the project E-A, prior to the commencement of work on a construction project, to certify to OSHA project compliance with all requirements relating to the permit system for certain hazardous construction operations, and with the health and safety supervisory rules for all construction projects under the Act. Authorizes the Secretary, with the approval of the Advisory Committee on Construction, Safety and Health, to exempt from such requirements for all construction projects: (1) certain sizes or types of construction operations, as determined appropriate by the Secretary; and (2) other construction operations, if they are being performed according to a specific plan that includes adequate safety and health procedures approved by an E-A.