United States · United States Congress · 31 May 1989
SDI Research and Innovative Technology Act of 1989 - Earmarks specified funds, originally made available to the Department of Defense for FY 1990 and 1991 for research, development, test, and evaluation, for projects carried out by the Innovative Science and Technology Office of the Strategic Defense Initiative Organization for FY 1990 and 1991. Limits the use of such funds to innovative research projects in fundamental science and technology. Prohibits any such funds from being used for any demonstration or validation project.
United States · United States Congress · 24 May 1989
Title I: General Provisions - Merchant Marine and Defense Act of 1989 - Sets forth congressional findings regarding the maritime industries and national defense. Declares that it is the policy of the United States to develop the necessary maritime resources to meet U.S. national defense and economic security requirements. Title II: Operating Differential Subsidy Reform - Amends provisions of the Merchant Marine Act, 1936 relating to the operating-differential subsidy (ODS) to: (1) allow the Secretary of Transportation, in determining whether to approve an application or revise a contract, to consider the availability of funding; and (2) prohibit the Secretary, in making such determinations, from making a distinction between persons already receiving such aid and new applicants. Revises the definition of "essential service" to include any operation determined by the Secretary to be necessary for national defense or for competitive and economical operation of U.S.-flag vessels in foreign commerce. Requires, for ODS aid, that a vessel be a militarily useful dry cargo vessel less than 20 years old and U.S.-documented. Directs the Secretary, notwithstanding any other law, to allow any qualified U.S. operator to qualify any militarily useful vessels for an ODS if the operator applies within one year of enactment of this Act, meets the requirements for such aid, and meets other requirements. Defines "qualified operator" to mean a U.S. citizen who owned, during the two years ending on the date of enactment of this Act, oceangoing vessels documented in the United States. Ends the Secretary's authority to determine suitable ocean routes and lines to foreign ports. Ends the ODS eligibility requirement that vessels be operating in an essential service. Directs the Secretary to designate ocean services, routes, and lines to not be essential services for purposes of ODS. Prohibits the Secretary from designating a route after two years after enactment of this Act unless operation on that route under an ODS is essential for national security. Repeals provisions excluding certain vessels from eligibility for an ODS. Reduces the maximum period for ODS contracts from 20 to ten years. Modifies the formula for determining the amount of ODS payments. Eliminates ODS coverage for insurance, maintenance and repair, and subsistence of officers and crews. Shields contracts in effect on the date of enactment of this Act from the changes until specified events occur. Changes the definition of "collective bargaining costs." Requires wage subsidies to be paid semimonthly rather than monthly. Prohibits the Secretary from entering into or making payments on ODS contracts for a dry cargo or dry bulk vessel that is more than 25 years old or a tanker vessel that is more than 20 years old. (Current law prohibits ODS payments for vessels that are more than 25 years old.) Directs the Secretary, in awarding and revising ODS contracts, to ensure that disruptions to parties to existing contracts are minimized. Provides for a reduction of ODS payments for a particular voyage in proportion to the amount of revenue payable under cargo preference provisions, subject to exception. Authorizes the Secretary to carry out ODS provisions so as to provide incentives for improving the efficiency of operation of vessels for which an ODS is paid. Allows the Secretary to authorize a contractor receiving an ODS for operations of a line haul vessel to own or operate certain foreign flag vessels that act as feeder vessels for that line hall vessel. Authorizes the Secretary, notwithstanding specified provisions, to enter into ODS contracts with U.S. citizens for the operation of any militarily useful vessel built in a foreign shipyard if the citizen has a foreign vessel acquisition right issued by the Secretary and if other requirements are met. Directs the Secretary to establish a program for the issuance of a foreign vessel acquisition right with respect to each oceangoing merchant vessel over a specified number of deadweight tons for which construction in the United States is started on or after enactment of this Act. Requires the program to provide for the assignment by the Secretary of the rights to any U.S. citizen. Requires amounts received as revenue under the program to be deposited in the Procure and Charter Shipyard Improvement Fund established under title XIV of the Merchant Marine Act, 1936 for use under that title. Declares that these provisions shall not be construed to authorize any vessel built or acquired outside the United States to engage in the coastwise trade. Authorizes the Secretary: (1) notwithstanding specified provisions, to enter into ODS contracts for one year after enactment of this Act with any qualified operator for the operation of any militarily useful vessel built in a foreign shipyard if the vessel meets certain requirements; and (2) on and after the date of enactment of this Act to enter into ODS contracts for operation of any vessels eligible for such subsidies by reason of these provisions, the contracts to be effective after the vessels are delivered and documented under U.S. laws. Amends the Merchant Marine Act, 1936 to modify the definition, for purposes of provisions relating to cargo preference, of the term "privately owned United States-flag commercial vessels" so as to allow certain foreign-built vessels to carry preference cargo, subject to limitation. Authorizes the Secretary, notwithstanding cargo preference limitations, to declare a foreign-built vessel eligible for preference cargo, if the Secretary is authorized to enter into an ODS contract with respect to that vessel and if other conditions are met. Title III: Procure and Charter Program - Part A: Design and Construction of Vessels and Improvement of Shipyards - Directs the Secretary of Transportation (Secretary) and the Secretary of Defense to establish a program under which amounts in the Procure and Charter Revolving Fund (Fund) must be used to: (1) fund contracts for the design in the United States of military useful merchant vessels; (2) fund contracts for the construction of such vessels in privately owned U.S. shipyards; and (3) provide assistance to such shipyards for improvements to equipment, systems, and techniques. Directs the Secretary to enter into contracts for the: (1) design and construction of prototypes of militarily useful merchant vessels; and (2) construction of militarily useful merchant vessels in accordance with such designs and prototypes. Sets forth vessel requirements, contractor eligibility requirements, and contract restrictions. Directs the Secretary to require that, as part of the contract, any person awarded a contract improve facilities and management systems of the person and achieve improvements in productivity and cost reductions through serial construction. Authorizes the Secretary to provide vessel construction contractors under these provisions financial assistance in an amount equal to one-half of the costs of improvements in vessel construction equipment, systems, and techniques to be used in carrying out the contract. Prohibits the assistance unless the Secretary determines that the assistance will result in reduced total costs and increased productivity in carrying out construction under these provisions. Limits the amount of the assistance. Authorizes appropriations from the fund as necessary for constructing an average of 12 vessels in each of the FY 1989 through 2000. Part B: Vessel Charter and Sale - Directs the Secretary to establish a program for the chartering and disposing of vessels constructed under part A of this title. Authorizes the Secretary to enter into contracts with any eligible person for the charter by the person of such vessels. Sets forth charter contract terms. Directs the Secretary, as a condition of a contract, to require: (1) a deposit to ensure the faithful performance of all requirements of the contracts, including indemnity against liens on the vessel; and (2) insurance at the expense of the person entering into the contract. Sets forth contracting procedures. Allows the Secretary to terminate a contract: (1) on a presidential proclamation that termination is required for national defense; and (2) during a national emergency declared by the President. Directs the Secretary, in chartering vessels, to avoid conferring any unfair advantage on a charterer. Authorizes the Secretary of Transportation (Secretary) and the Secretary of Defense to contract for the charter of any vessel constructed under part A of this title, for use by the Department of the Navy, at rates determined by the Secretary (but not less than the prevailing commercial rate) for not more than two years. Authorizes the Secretary of Defense to contract with any private person to subcharter any vessel constructed under part A, unless the operation of the vessel under that contract will adversely affect the commercial operation of a vessel documented under U.S. laws. Authorizes the Secretary of Transportation (Secretary) to sell or otherwise dispose (including by transfer to the National Defense Reserve Fleet) of a vessel constructed under this title if the vessel is not under contract and no reasonable contract offers have been received, and if other conditions are met. Mandates that the Secretary require as compensation for a vessel sold or disposed of an amount at least as much as the U.S. cost in constructing the vessel, less depreciation. Directs the Secretary, in disposing of vessels, to avoid conferring any unfair advantage on any person who acquires the vessel. Authorizes the Secretary to dispose of a vessel to any person for purposes of scrapping the vessel. Part C: Procure and Charter Revolving Fund - Establishes in the Treasury the Procure and Charter Revolving Fund, to consist of amounts deposited in and transferred to the Fund under these provisions. Directs the Secretary of the Treasury to: (1) deposit in the Fund all proceeds of charters, sales, and disposals under part B of this title, all duties under specified provisions of the Tariff Act of 1930, all proceeds of issuance of foreign vessel acquisition rights under provisions of the Merchant Marine Act, 1936 as amended by this Act, and interest on such amounts; and (2) transfer to the Fund, for each of the FY 1990 through 2000, any difference between the deposited amounts and the amount authorized to be appropriated under part A of this title. Makes amounts in the Fund available to the Secretary for vessel design and construction and shipyard assistance. Terminates the Fund, with the balance reverting to the general fund of the Treasury, upon a finding by the Secretary that amounts in the Fund plus anticipated receipts are insufficient for funding construction contracts. Mandates deposit in the general fund of the Treasury of any amounts received after termination of the Fund. Part D: General Provisions - Directs the Secretary to: (1) submit an annual report to the Congress regarding matters under this title; and (2) issue regulations to carry out this title. Title IV: Simplification of Procedure for Long-Term Military Leases - Amends Federal law to exempt noncombatant oceangoing vessels from provisions relating to authorization required for certain long-term leases of vessels and aircraft by military departments. Directs the Secretary of Defense to submit an annual report to specified committees of the Congress describing each case in which the Department of the Navy is seeking, or considering seeking, to enter into a long-term charter of an oceangoing vessel under the provisions amended by this title. Title V: Vessel Prototype Design and Construction Program - Directs the Secretary of Transportation to: (1) establish a program for the design and construction of dry and liquid cargo vessel prototypes and troop carrying vessel prototypes; (2) establish guidelines for such design and construction; and (3) conduct a series of competitions for the selection of designs for vessel prototypes. Sets forth design criteria. Authorizes the Secretary to contract for the production of vessel prototype designs. Directs the Secretary to encourage such cooperation between naval architecture firms and ship building firms as may facilitate the use of modern production techniques. Directs the Secretary to contract for the construction in private U.S. shipyards of one of each vessel prototype design. Sets forth criteria for selection of shipyards. Directs the Secretary to base contract awards, to the maximum extent practicable, on consideration (in addition to other considerations required by law) of maintaining the U.S. ship building mobilization base. Requires prototypes constructed under this title to be chartered or otherwise disposed of under the program established under part B of title III of this Act. Requires information obtained through the design and construction of prototypes to be made available to private shipyards and ship suppliers. Title VI: Federal Ship Mortgage Insurance - Amends the Merchant Marine Act, 1936 to exclude from the definition of "vessel," as used in provisions relating to Federal ship mortgage insurance: (1) any vessel used primarily for offshore exploration or exploitation of petroleum; and (2) barges, tugs, towboats, and workboats. Title VII: Tax Incentives for Modernization of U.S. Shipyards - Amends provisions of the Merchant Marine Act, 1936 and the Internal Revenue Code regarding tax incentives and relating to merchant marine capital construction funds to define "reconstruction" to include general repairs to a qualified vessel to the extent that their costs exceeds a specified amount. Adds references to shipyards to the same provisions of both Acts. (Current law provides the incentives only for certain vessels and related barges or containers.) Amends the Internal Revenue Code to add qualified vessels and qualified shipyards to the list of exceptions to the termination of the regular percentage, for purposes of determining the amount of the investment tax credit. Restores, for such vessels and shipyards, the depreciation schedule which was in effect on the day before the enactment of the Tax Reform Act of 1986. Title VIII: Tariff and Trade Reform for Vessel Construction and Operation - Amends the Tariff Act of 1930 to impose, when purchased or performed in a foreign country, an ad valorem duty on: (1) modifications and permanent additions to the hull, fittings, or superstructure of a vessel, including inspections required by the classifications societies, insurers, and governmental entities; and (2) vessel drydocking and all services necessary for drydocking. Excluding emergency repairs from imposition of such duty. Relieves the owner or operator of a vessel from liability for the duty if the owner or operator elects to spend, in a shipyard in the United States within five years, for equipment, repair parts or materials, or repairs, a cumulative amount at least equal to the duty. Makes an owner or operator who fails to so spend liable for the duty plus accrued interest. Requires amounts received as a duty to be deposited into the Procure and Charter Revolving Fund established by this Act. Title IX: Expansion of Cargo Reserved for U.S. Vessels - Amends cargo preference provisions of the Merchant Marine Act, 1936 to require that 100 percent of the agricultural and nonagricultural ocean-borne cargoes generated by the U.S. Government, including cargoes generated as a result of a foreign aid cash transfer program, be transported on privately owned U.S.-flag commercial vessels, subject to exception. (Current law requires that 50 percent of nonagricultural and 25 percent of certain agricultural commodities be transported on U.S.-flag commercial vessels.) States that, in authorizing a vessel which is not U.S.-registered to transport any cargo which is foreign assistance subject to the provisions being amended, the Secretary of Transportation must require that 50 percent of the cargo be transported on U.S.-registered vessels and the remainder on vessels registered in the country receiving the assistance. Title X: Increasing Defense Readiness of United States Merchant Marine - Amends the Merchant Marine Act, 1936 to direct the Secretary of Transportation, before approving any assistance under such Act for the construction of a vessel intended for use in the coastwise trade, to submit the plans to the Secretary of Defense for review and approval. Directs the Secretary of Defense to either: (1) certify that the plans are suitable for construction of a vessel which is capable of economical and expeditious conversion to use during war or national defense emergency; or (2) request changes in the plans necessary to enable that conversion. Directs the Secretary of Transportation, subject to appropriations, to pay to a person constructing a vessel in the United States after enactment of this Act to be operated in the coastwise trade, before construction begins, the costs of: (1) constructing any national defense features; (2) maintaining the features for 15 years; (3) additional operating expenses because of the features during that period; and (4) lost revenue during that period because of reduced cargo space. Declares that it is the sense of the Congress that: (1) rates paid by the Department of Defense for the carriage of ocean-borne cargoes should fully compensate the vessel owner and could be based on established commercial rates; and (2) contracts for such carriage should be awarded, compatible with sound business practice (including cost minimization), so as to enhance the strategic sealift capabilities of the U.S.-flag commercial merchant fleet. Prohibits the Department of Defense, subject to exception and after enactment of this Act, from entering into any contract for carriage of cargoes on a vessel which was: (1) not U.S.-built; or (2) documented in the United States after enactment of this Act. Directs the Secretary of Transportation (Secretary) and the Secretary of Defense to establish a national maritime industries research and development program to carry out commercial water-borne and commercial intermodal transportation and strategic sealift-related research and development. Makes the Secretary responsible for administering the program and lists areas which must be included in the program. Directs the two Secretaries to jointly establish the Maritime Research and Development Advisory Board. Directs the Secretary, as a condition of a research and development project under these provisions, to require that private industry pay a portion of the cost of the project. Limits the Federal share to 66 percent and the non-Federal share to a specified dollar amount for each fiscal year. Authorizes appropriations for FY 1991 through 2001. Title XI: Maritime Labor Reform - Repeals provisions of Federal law relating to merchant mariners' documents. Authorizes the Secretary of Transportation, notwithstanding any law, to issue regulations to: (1) allow performance of both deck and engine duties on vessels by qualified personnel; (2) establish the numbers and qualifications of the crew and the watch on vessels; (3) create and keep current licensed and unlicensed personnel ratings; and (4) govern the requirements and standards for documentation of licensed and unlicensed personnel of vessel crews. Directs the Secretary to conduct a study and report to the Congress regarding methods for reducing allowable compensation for port and shipyard workers' injuries and disabilities under the Longshoremen's and Harbor Workers' Compensation Act to a level comparable to other industrial occupations. Title XII: Miscellaneous - Directs the Secretary of State, the Secretary of Transportation, the Secretary of Commerce, the Administrator of the Federal Maritime Commission, and the U.S. Trade Representative to jointly submit an annual report to the Congress regarding unfair foreign trade practices that affect the U.S.-flag merchant marine and maritime industries. Directs the Secretary of Defense to submit an annual report to the Congress regarding specified current and projected maritime defense matters. Directs the Secretary of Transportation to include certain information in an annual report to the Congress required by specified provisions of the Merchant Marine Act, 1936.
United States · United States Congress · 24 May 1989
Older Americans' Freedom to Work Act of 1989 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to remove the limitation on the amount of outside income which beneficiaries who have attained retirement age may earn without incurring a reduction in benefits.
United States · United States Congress · 24 May 1989
Prohibits a senior civilian official of the Department of Defense (DOD), a general officer, or a Navy flag officer from accepting compensation from a defense contractor for two years after such person's separation or release. Defines a senior civilian official of DOD as a civilian officer or employee serving in a position for which the rate of pay is greater than or equal to the rate of pay for a position in the Senior Executive Service. Makes applicable current Federal provisions that: (1) set forth civil penalties for the violation of such prohibition; and (2) allow a person who may fall under such prohibition to request the appropriate official for advice as to the applicability of such prohibition to his or her situation.
United States · United States Congress · 23 May 1989
Amends Federal law relating to merchant seamen licenses, including licenses as masters, mates, engineers, pilots, operators, and radio officers, to prohibit the Secretary of the Department in which the Coast Guard is operating from issuing or renewing a license, and to require the Secretary to suspend or revoke a license issued, to an individual who the Secretary determines is a current or chronic abuser of alcohol or who fails to make available to the Secretary all information contained in the National Driver Register regarding that individual's motor vehicle driving record. Directs the Secretary to conduct investigations to determine if an individual who holds a license issued by the Secretary is a current or chronic abuser of alcohol if the Secretary receives information regarding any alcohol-related misconduct of the individual or that the individual has been found guilty of an alcohol-related infraction resulting in suspension or revocation of a motor vehicle operator license. Authorizes the Secretary to request an individual who holds a license issued by the Secretary to make available to the Secretary all information contained in the National Driver Register regarding the motor vehicle driving record of that individual. Prohibits the Secretary from terminating a license suspension until the individual provides sufficient proof that the individual is no longer a current or chronic abuser of alcohol. Amends the National Driver Register Act of 1982 to authorize applicants for and holders of such licenses to request the chief State driver licensing official to transmit to the Secretary information regarding such applicants' or holders' motor vehicle driving records. Prescribes the use of such information by the Secretary. Precludes access to information that was entered more than five years before the date of request unless it relates to revocations or suspensions which are still in effect on the date of request.
United States · United States Congress · 18 May 1989
Filipino World War II Veterans Naturalization Act of 1989 - Amends the Immigration and Nationality Act to provide for the naturalization of certain Filipino World War II veterans. Authorizes appropriations.
United States · United States Congress · 18 May 1989
International Plutonium Control Act - Urges the President to seek negotiations with the Soviet Union on a verifiable agreement to end the production by both countries of plutonium and highly enriched uranium for weapons purposes. Expresses the sense of the Congress that the United States and the Soviet Union should: (1) establish verification arrangements to monitor the cessation of activities under this Act, including mutual inspections of production reactors, chemical separation and uranium enrichment facilities, and isotope separation plants; (2) furnish the equipment and personnel to implement safeguards at civilian nuclear facilities and consider transferring the safeguards mission to the International Atomic Energy Agency; and (3) consider increasing their respective contributions to the Agency to fund the assignment of fully trained inspectors to each country to assume additional safeguards responsibilities at civilian nuclear facilities. Urges the President to seek agreement with the Soviet Union that the United States and the Soviet Union will: (1) exchange information on the location, mission, and maximum annual capacity of their facilities essential to the production of tritium for stockpile replenishment; and (2) provide to each other a complete inventory of facilities dedicated to the production of plutonium and uranium for weapons purposes. Prohibits funds from being obligated or expended by the United States to operate facilities dedicated to the production of plutonium for weapons purposes unless the President certifies to the Congress that: (1) the Soviet Union has refused to enter in good faith into the negotiations; (2) the United States is unable to determine that Soviet facilities producing plutonium have ceased operation; or (3) the Soviet Union is continuing to obtain plutonium by operating civilian chemical separation plants that are not under bilateral U.S.-Soviet safeguards.
United States · United States Congress · 18 May 1989
Clearcutting Restraint Act of 1989 - Amends the Forest and Rangeland Renewable Resources Planning Act to revise the guidelines for land management plans with respect to preserving plant communities in national forests. Limits the use of clearcutting and other cutting methods.
United States · United States Congress · 16 May 1989
Amends the Animal Welfare Act to permit citizen suits to compel enforcement of such Act. Authorizes the court in such suits to award litigation expenses, including attorney fees, to: (1) a prevailing plaintiff; or (2) a prevailing defendant if such action is found to be frivolous, unreasonable, or without foundation.
United States · United States Congress · 11 May 1989
Constitutional Amendment - Requires the Congress and the President, prior to each fiscal year, to agree on an estimate of total receipts (except those derived from borrowing) for that fiscal year by enactment of a joint single subject resolution. Prohibits outlays for that year (except those for repayment of debt principal) from exceeding this amount unless the Congress, by a three-fifths roll call vote of each House, authorizes a specific excess of outlays over receipts. Requires a three-fifths roll call vote of each House to increase the public debt. Directs the President to submit a balanced budget to the Congress. Requires the approval of a majority of the total membership of each House by roll call vote before any bill to increase revenue may become law. Waives these provisions when a declaration of war is in effect.
United States · United States Congress · 9 May 1989
Americans with Disabilities Act of 1989 - Title I: General Prohibition Against Discrimination - Declares that it shall be discriminatory, on the basis of disability, to deny opportunities or to afford them unequally, to provide opportunities less effectively (or differently or separately, unless necessary for effectiveness), to assist an organization or individual that discriminates, or to otherwise limit opportunities enjoyed by others. Prohibits the use of standards, criteria, or administrative methods that have the purpose or effect of discrimination or perpetuate discrimination. Declares it discriminatory to deny equal opportunities because of the relationship or association of an individual with another individual with a disability. Allows as a defense to a charge of discrimination that an application of standards or criteria has been demonstrated to be both necessary and substantially related to the ability of an individual to take advantage of the essential components of the opportunity, and that the taking advantage cannot be accomplished by reasonable accommodations, modifications, or the provision of auxiliary aids or services. Title II: Employment - Prohibits discrimination by any employer, employment agency, labor organization, or joint labor-management committee against any qualified individual with a disability in job application procedures, hiring or discharge, compensation, advancement, training, and other terms, conditions, and privileges of employment. Lists types of actions construed to be discrimination. Makes the remedies set forth in specified provisions of the Civil Rights Act of 1964 and other specified Federal law available to any individual who believes that he or she is being or is about to be subjected to discrimination in violation of this Act. Title III: Public Services - Declares that no qualified individual with a disability shall be excluded from the participation in, denied the benefits of, or subjected to discrimination by a State, or by an agency, political subdivision, or other instrumentality of a State. Lists types of actions deemed, for purposes of this Act and specified provisions of the Rehabilitation Act of 1973, to be discrimination with regard to public transportation. Makes the remedies and rights set forth in specified provisions of the Rehabilitation Act of 1973 available to any individual who believes that he or she is being or is about to be subjected to discrimination in violation of this Act. Title IV: Public Accommodations and Services Operated by Private Entities - Prohibits discrimination on the basis of disability in the enjoyment of any place of public accommodation. Lists types of actions construed to be discrimination. Prohibits discrimination on the basis of disability in public transportation services provided by a private entity that is primarily engaged in transporting people, but that is not in the principal business of air transportation. Lists types of actions construed to be discrimination. Makes specified provisions of the Fair Housing Act relating to enforcement available, subject to exception, to any aggrieved individual. Title V: Telecommunications Relay Services - Defines "telecommunications relay services" to mean services that enable simultaneous communication between individuals who use telecommunications devices for the deaf (TDDs) or other nonvoice terminal devices and individuals who do not use such devices. Declares it discriminatory for any common carrier that offers telephone services to the public to fail to provide interstate or intrastate telecommunication relay services that are equal to those provided to their customers who are able to use voice services, except in any State in which services are provided through an entity designated by the State. Declares it discrimination by a State that makes such a designation if the State fails to provide interstate or intrastate relay services that are equal to those provided to their voice customers. Makes specified provisions of the Fair Housing Act relating to enforcement available, subject to exception, to any aggrieved individual. Requires the Federal Communications Commission to enforce this title. Makes specified provisions of the Communications Act of 1934 apply with respect to the enforcement of this title. Provides for cease and desist orders by the Commission and for monetary penalties. Title VI: Miscellaneous Provisions - Prohibits retaliatory discrimination against any individual because of actions related to this Act. Declares that a State shall not be immune under the 11th Amendment to the Constitution from an action in Federal court for a violation of this Act. Requires the Architectural and Transportation Barriers Compliance Board to issue minimum guidelines to supplement the existing Minimum Guidelines and Requirements for Accessible Design. Allows the awarding of reasonable attorney's fees, in certain circumstances, in any action or proceeding under this Act.
United States · United States Congress · 4 May 1989
Marine and Coastal Natural Resource Assessment Act - Requires moneys received by the United States for marine and coastal natural resource damage assessment to be retained and used by the Secretary of Commerce for reimbursement of costs and to conduct new damage assessments. Authorizes appropriations.
United States · United States Congress · 3 May 1989
De Soto Trail Commission Act of 1989 - Title I: De Soto Expedition Trail Commission - Establishes in the Department of the Interior the De Soto Expedition Trail Commission to assist with the establishment of a commemorative highway route of the De Soto expedition through the States of Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, and Texas. Authorizes appropriations. Title II: Highway Route of the De Soto Expedition - Directs the Secretary of the Interior to designate a vehicular route as the Highway Route of the De Soto Expedition. Authorizes appropriations.
United States · United States Congress · 3 May 1989
Medicare Catastrophic Equity Act of 1989 - Title I: One-Year Delay in Implementation of Certain Provisions in the Medicare Catastrophic Coverage Act of 1988 - Delays, for one year, the implementation of the Medicare Catastrophic Coverage Act of 1988, except for provisions of such Act expanding benefits under part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act. Title II: GAO Report on Cost and Effect of Medicare Catastrophic Coverage Act of 1988 - Directs the Comptroller General to provide for a study and report to the Congress, within six months of this Act's enactment, on the cost and effect of the Medicare Catastrophic Coverage Act of 1988, including: (1) the effect such Act has on Medicare beneficiaries who have Medicare supplemental health insurance coverage or who otherwise have full health insurance coverage; (2) the increase in the part B (Supplementary Medical Insurance) monthly premium which would be required if the supplemental Medicare premium were repealed; (3) a comparison of Medicare benefits added by such Act and the benefits offered under Medicare supplemental health insurance policies; and (4) alternative equitable levels for deductibles, premiums, and out-of-pocket expense limits for Medicare catastrophic health care coverage.
United States · United States Congress · 2 May 1989
Elephant Protection Act - Requires the United States Trade Representative (USTR), before January 1, 1990, to identify each foreign country that has enacted sanctions against trading in ivory. Requires the USTR to: (1) determine, for each year after 1989, if each identified country has effectively enforced such sanctions; (2) determine, for each year after 1990, if each foreign country not so identified has enacted such sanctions; and (3) determine, for each year after 1990, if such countries that have implemented sanctions against trading in ivory have enforced them. Directs the USTR to: (1) make such determinations for each year; (2) notify the President of each negative determination; and (3) publish each negative determination in the Federal Register. Requires the President, after receiving a negative determination with respect to any foreign country, to revoke nondiscriminatory treatment (most-favored-nation treatment) for all products of such country that are imported into the United States. Makes it unlawful for any person to import or export ivory products. Sets forth civil and criminal penalties. Amends the Internal Revenue Code to deny foreign tax credit benefits with respect to income derived from trading in ivory. Provides that ivory-related income shall not be treated as foreign base company income.
United States · United States Congress · 27 April 1989
Prince William Sound Oil Spill Response Act of 1989 - Title I: Oil Spill Prevention and Response - Requires the Secretary of the department in which the Coast Guard is operating, in the event of an unlawful discharge of oil into or upon Arctic waters or adjoining shorelines, to take all necessary actions to remove the oil and mitigate damage to living marine resources. Directs the Secretary to require: (1) tank vessels transporting oil from the Trans-Alaska Pipeline within Prince William Sound to be escorted by at least one towing or other appropriate vessel; (2) the use of an additional pilot licensed by the State of Alaska, for all tank vessels navigating between the Port of Valdez, Alaska, and a certain point in the Sound; (3) tank vessels operating in the Sound to carry equipment and materials sufficient to minimize environmental damage and respond quickly in the event of an oil spill. Directs the Secretary to prepare a plan to modify radar coverage of the Sound. Requires such plan to include construction of new radar sites to cover the Vessel Traffic System within the Sound and a review of existing radar surveillance and maintenance policies. Directs the Secretary to issue regulations for the Sound to: (1) require the prepositioning of oil spill containment and cleanup equipment in the Port of Valdez, the City of Cordova, and other locations within the geographic boundaries of the Sound; (2) require the person in charge of the Port to provide adequate reception facilities for oil removed from the Sound; (3) establish an oil spill response team at appropriate locations in the Sound; and (4) conduct periodic oil spill response exercises and provide training in oil spill containment and recovery techniques for individuals engaged in fish cultivation or production in the Sound. Title II: Sanctions - Amends Federal provisions concerning shipping licenses, certificates of registry, or merchant mariners documents to revoke any such document if the holder: (1) has been convicted of an alcohol-related offense within ten years of a hearing under such provisions; or (2) has been addicted to alcohol, unless the holder provides satisfactory proof that the addiction is controlled. Directs the Secretary to report to the House Committee on Merchant Marine and Fisheries and the Senate Committee on Commerce, Science, and Transportation on the adequacy of civil penalties for violations of laws governing the operation of tank vessels by individuals under the influence of alcohol and any proposed changes to such laws. Title III: Environmental Monitoring and Research and Development in Prince William Sound - Requires the Under Secretary for Oceans and Atmosphere of the Department of Commerce to expend at least $5,000,000 annually out of amounts available for FY 1990 through 1992 to conduct living marine resource damage assessments and to monitor the environmental effects on such resources in Arctic waters due to the Exxon Valdez oil spill in the Sound. Directs the Secretary of Commerce, whenever possible, to recover such sums from the owner or operator of the Exxon Valdez. Requires such sums to be credited to the appropriations of the National Oceanic and Atmospheric Administration. Authorizes appropriations for FY 1990 to: (1) the Coast Guard to conduct research on and develop techniques and systems to respond to oil spills in Arctic waters; and (2) the Maritime Administration to conduct technical and program studies on the safety of tank vessels operating in such waters. Title IV: Plans and Recommendations - Directs the Secretary of the department in which the Coast Guard is operating to report to the House Committee on Merchant Marine and Fisheries and the Senate Committee on Commerce, Science, and Transportation on: (1) actions taken by the Secretary to correct inadequacies of existing contingency plans for the Sound; (2) a list of oil pollution exercises conducted in the Port of Valdez and the Sound during the operation of the Trans-Alaska Pipeline; and (3) recommendations for changes in existing plans or laws to provide prompt response to oil spills and any other matters the Secretary considers important regarding oil spills in the Sound.
United States · United States Congress · 26 April 1989
Interest on Escrow Accounts Deposit Act of 1989 - Amends the Real Estate Settlement Procedures Act of 1974 to reduce the maximum amount of accumulated funds permitted in federally related mortgage loan escrow accounts. Establishes minimum lender interest rates for such accounts. Requires lenders to provide borrowers with statements of charges and payments. Prohibits lenders from charging statement fees. Authorizes civil penalties for violations of this Act.
United States · United States Congress · 26 April 1989
Expresses the sense of the House of Representatives that the Bankruptcy Court and all involved parties should facilitate the prompt restoration of Eastern Airlines to full operations through appropriate action which may include appointment of a trustee, pending the sale of the company.
United States · United States Congress · 25 April 1989
Amends the Internal Revenue Code to extend the targeted jobs income tax credit through 1992 (under current law the credit will expire after December 31, 1989). Amends the Economic Recovery Tax Act of 1981 to authorize appropriations through FY 1992 in connection with the targeted jobs credit. Raises from 23 to 25 years the age limitation with respect to economically disadvantaged youth targeted for credit purposes. Adds as a targeted group under the credit economically disadvantaged individuals who have completed a qualified drug rehabilitation program.
United States · United States Congress · 25 April 1989
Declares that the Air Force should continue to fly WC-130 aircraft for the purpose of collecting scientific data on hurricanes until satellites that can provide similar data are in place and functioning properly.
United States · United States Congress · 13 April 1989
Prohibits products that are manufactured in a foreign country or customs union from entering the United States unless the manufacturer of such products or an agent of the manufacturer posts a surety bond with the Customs Service. Requires such bond to be equal to 20 percent of the appraised value of such products. Sets forth specified requirements with respect to such bonds.
United States · United States Congress · 13 April 1989
Oilspill Bill - Amends the Internal Revenue Code to disallow any income tax deduction for oil or hazardous substances cleanup costs, including related legal expenses, unless: (1) the Secretary of the Treasury receives certification from the relevant authority that the taxpayer has made a good faith effort to comply with specified Federal environmental law; or (2) the discharge was caused by an act of God, an act of war, negligence on the part of the U.S. Government, or an act or omission of a third party. Prohibits any loss resulting from disallowance of such a deduction from being offset by the net operating loss deduction. Transfers the revenue resulting from the disallowance to an account made available for subsequent transfer to: (1) the revolving fund under the Federal Water Pollution Control Act for expenses related to removal of discharged oil; or (2) the Hazardous Substance Superfund. Directs the Secretary of the Treasury to: (1) report to specified congressional committees an estimate of the decrease in Federal revenues between January 1, 1970, and December 31, 1988, by reason of the allowance of applicable cleanup costs; and (2) report annually to the same committees the amount expended on environmental cleanup costs and the amount accruing to the new cleanup account.
United States · United States Congress · 13 April 1989
Amends the Outer Continental Shelf Lands Act to require the approval of the affected State before Federal approval of a proposed offshore leasing development, exploration, or production plan becomes effective.
United States · United States Congress · 13 April 1989
Military Training in Drug Interdiction Areas Act - Requires the Secretary of Defense to direct all branches of the armed forces to conduct military training exercises in areas within the jurisdiction of the United States within which the smuggling of drugs into the United States has occurred. Requires a report from the Secretary to the Congress on the implementation of this Act and other programs for military interdiction and deterrence of the smuggling of drugs into the United States.
United States · United States Congress · 13 April 1989
Amends the Internal Revenue Code to permit an individual taxpayer an income tax deduction for travel, food, lodging, and transportation expenses paid or incurred in connection with the taxpayer's performance of services as a member of the armed forces reserves or the National Guard. Excludes the taxpayer's meal and entertainment expenses from deductibility limitations in this context.
United States · United States Congress · 13 April 1989
Expresses the sense of the House of Representatives that efforts to combat drug trafficking and abuse should be funded for FY 1990 at the levels authorized in the Anti-Drug Abuse Act of 1988.
United States · United States Congress · 12 April 1989
Government Contractor Whistleblower Protection Act of 1989 - Prohibits a Federal contractor from taking reprisal actions against its officers or employees for disclosing information to a Federal agency regarding performance of a contract with such agency which indicates: (1) a violation of law; or (2) mismanagement, gross waste of funds, abuse of authority, or a danger to public health or safety. Sets forth civil penalties and remedies for violations of this Act.
United States · United States Congress · 12 April 1989
Municipal Solid Waste Reduction Act of 1989 - Requires the Administrator of the Environmental Protection Agency (EPA) to establish a waste reduction information clearinghouse in the EPA Office of Solid Waste. Makes such information available to the public. Directs the Administrator to implement a public education program about municipal solid waste reduction and the ways in which reduction can alleviate waste management and disposal problems. Requires the Administrator to publish lists of: (1) the 50 most toxic constituents of the municipal waste stream arising during the recycling, treatment, disposal, or other management of such waste stream; and (2) the 50 categories of waste that are the largest contributors by volume to such stream. Directs the Administrator, acting through the Assistant Administrator for the Office of Solid Waste, to initiate studies of five of the elements on each list. Outlines the requirements of such studies, including: (1) a determination of the risks to human health and the environment involved in managing such constituents or waste categories in the waste stream; (2) a determination of strategies for reducing the quantity or toxicity of such constituents or waste categories; and (3) an examination of the economic costs and benefits associated with such reduction. Requires the President to establish a commission to study methods for labeling products and packaging to help reduce waste. Requires such study to be submitted to the President and the Congress and to be made available to the public. Terminates the Commission after submission of the study. Directs the Administrator to implement a grant program for research and development on redesigning consumer products for the purpose of reducing the volume or toxicity of waste. Requires grant recipients to report to the Administrator on the use of such grants and the success in redesigning products. Limits the amount of each grant to $50,000. Prohibits the Administrator from obligating or spending more than $5,000,000 in a fiscal year for such program. Requires the head of each executive department to: (1) review purchases of goods to determine where substitute goods could be purchased to achieve waste reduction; (2) encourage waste reduction in the practices of the department; and (3) report annually to the Administrator on waste reduction activities. Directs the Administrator to report annually to the Congress on waste reduction activities in such departments.
United States · United States Congress · 10 April 1989
Wetlands No Net Loss Act of 1989 - Requires the Secretary of the Interior to designate a nonprofit organization as a Wetlands Preservation Trust if such organization: (1) is established for the purpose of acquiring ownership interests in wetlands, former wetlands, and related property and for restoring, creating, or preserving wetlands; and (2) meets, and submits an application in accordance with, the Secretary's requirements. Amends the Internal Revenue Code to create special rules for contributions of land to such Trusts. Applies the 50 percent limitation on charitable contribution deductions to contributions of wetlands to such Trusts. Permits a ten-year carryover for excess contributions. Extends the deadline for the exchange of property held for productive use or investment if such contributions are made as part of such exchanges. Permits the carryover of unused deductions on a taxpayer's last return if such taxpayer dies before the close of the last taxable year for which such deductions could have been allowed. Authorizes the Secretary, acting through the Office of Wetlands Identification and Preservation, to make grants to States from the Wetlands Preservation Account for the implementation of State Wetlands Conservation Plans. Outlines requirements of such Plans. Prohibits the Secretary from approving any Plan that: (1) excludes any area of State wetlands solely on the basis of that area being less than a minimum size; or (2) excludes from Plan administration areas of wetlands the preservation of which is significant for achieving the purposes of this Act. Amends the Fish and Wildlife Act of 1956 to require the Director of the U.S. Fish and Wildlife Service to establish the Office of Wetlands Identification and Preservation within the Service. Requires the Director, acting through the Office, to: (1) identify all U.S. wetlands and associated uplands which are suitable for preservation; (2) produce and make available to the public maps of such lands; and (3) carry out title III of the Emergency Wetland Resources Act of 1986 (State and Federal Wetland Acquisition). Authorizes the Director, acting through the Office, to enter into agreements with private persons to carry out wetlands preservation. Permits such agreements to provide for: (1) the transfer of wetlands to Trusts; and (2) technical assistance to owners of wetlands who enter into such preservation agreements. Establishes the Wetlands Preservation Account. Requires at least 60 percent of Account funds to be available for grants to States. Requires the Secretary of the Treasury to deposit into such Account amounts received in the form of: (1) criminal penalties for certain permit violations of the Federal Water Pollution Control Act; and (2) civil and administrative penalties under such Act. Directs the Secretary to transfer annually to the Account $300,000,000 from the Land and Water Conservation Fund. Authorizes appropriations. Requires the head of each executive agency to: (1) complete an inventory of all wetlands and associated uplands owned or managed by the agency; and (2) implement a plan for the protection of wetlands included in the inventory. Requires such agencies to submit such plans to the head of the Office and the Secretary of the Interior. Amends the Federal Water Pollution Control Act to transfer the authority to issue permits for discharge of dredge and fill material from the Secretary of the Army to the Secretary of the Interior, acting through the Office. Revises provisions regarding reporting requirements. Repeals a provision requiring the submission of comments on permit applications. Prohibits the Secretary of the Army from authorizing any dredging of wetlands under the Rivers and Harbors Appropriations Act of 1899 without the prior approval of the Secretary of the Interior. Requires the Director of the Office of Technology Assessment to study and report to the Congress on: (1) incentives under Federal and State laws for the protection and management of wetlands; (2) potential modifications to existing Federal laws to improve their effectiveness in creating such incentives and to increase the permanence of such protection; and (3) ways in which the Federal Government may encourage State and local governments to create additional incentives for the protection and management of wetlands by private individuals.
United States · United States Congress · 6 April 1989
Everglades National Park Protection and Expansion Act of 1989 - Title I: Everglades National Park Expansion - Modifies the boundaries of the Everglades National Park, Florida. Authorizes the Secretary of the Interior to acquire lands for addition to the Park. Authorizes appropriations. Authorizes the Secretary to expedite the construction of a visitor center facility at Everglades City, Florida. Designates the facility the Marjory Stoneman Douglas Center. Title II: Fort Jefferson National Monument Redesignation Study - Requires the Secretary, within two years after enactment of this Act, to transmit to specified congressional committees a study of the feasibility of expanding and redesignating Fort Jefferson National Monument as Fort Jefferson National Park.
United States · United States Congress · 5 April 1989
Authorizes the President to present a gold medal, on behalf of the Congress, to each of the following individuals in recognition of their contributions to this Nation's cultural heritage: (1) Frank Capra; (2) James Stewart; and (3) Fred Zinnemann. Requires the Secretary of the Treasury to design a different gold medal for each such individual. Authorizes appropriations. Authorizes the Secretary to strike and sell bronze duplicates of such medals at a price sufficient to cover the costs of such duplicates and the gold medals. Requires the appropriations to be reimbursed out of the sales proceeds. Designates all such medals as National Medals.
United States · United States Congress · 5 April 1989
Tropical Forest Protection Act of 1989 - Requires the Secretary of the Treasury to instruct the U.S. executive directors of specified multilateral development banks to promote the preservation of tropical forests or other endangered ecosystems and species in debtor developing countries by enabling such countries, through debt reduction or restructuring, to buy back private debt at discount rates in the secondary market if such countries: (1) convert an agreed upon amount of debt to local currency for use in "debt-for-nature swap" programs for the protection of such forests, ecosystems, or species; or (2) demonstrate a commitment to the protection of such forests in the form of such swaps for set asides or conservation easements. Directs the Secretary to instruct such directors to consult with one another to promote debt suspension in such countries as long as environmental protection commitments are maintained. Requires the Secretary to instruct the U.S. executive director to the International Bank for Reconstruction and Development to initiate discussions with other directors and management of the Bank and propose a three-year environmental sector lending program for countries with such commitments to: (1) reduce the future need for lending for reforestation and restoration of environmentally degraded areas; and (2) be based on the estimated long-term economic return expected from the sustainable use and protection of tropical forests and the benefits from maintenance of biological diversity and climate stabilization. Directs the Secretary to instruct such directors to promote policies which: (1) assist in strengthening nongovernmental organizations in such countries by providing technical assistance and support for environmental protection activities; and (2) encourage international collaboration for information exchange and project enhancement with environmental protection organizations.
United States · United States Congress · 5 April 1989
Refuge Wildlife Protection Act of 1989 - Amends the National Wildlife Refuge System Administration Act to require that any wildlife management or other activity which affects wildlife in any area of the System be conducted in the most humane manner possible. Permits the Secretary of the Interior to authorize any killing of a member of a wildlife species within any area of the System, based upon evidence that such killing is necessary for the health and habitat of wildlife species within the area, to protect public health and safety, and that non-lethal management alternatives are not available. Requires the Secretary to provide the scientific information upon which the authorization is based as well as details such as the numbers to be killed. Authorizes public hearings on such decisions unless an emergency exists. Authorizes the Secretary to contract out such killing. Authorizes the Secretary to donate the carcass to a charitable organization for a charitable purpose.
United States · United States Congress · 5 April 1989
Targeted Relief Disclosure Resolution of 1989 - Amends rule X of the Rules of the House of Representatives to require each report accompanying each bill or joint resolution of a public character reported by the Committee on Ways and Means to identify: (1) each provision which is intended to provide special benefits with respect to five or fewer taxpayers, transactions, events, items of property, projects, or issuances of bonds; (2) each beneficiary of such provision; (3) the Member of Congress who sponsored the inclusion of each such beneficiary; and (4) an estimate by the Joint Committee on Taxation of the loss in revenues resulting from such provision with respect to each such beneficiary for the fiscal year for which such loss in revenues first occurs and each of the five fiscal years thereafter.
United States · United States Congress · 23 March 1989
Native American Grave and Burial Protection Act - Prohibits the sale, use for profit, or interstate transport of Native American Indian skeletal remains without the written consent of the heirs of the deceased or the governing body of the Indian tribe culturally affiliated with such remains. Prescribes penalties for violations. Provides that any remains which have not been excavated or discovered by the date of this Act's enactment shall be disposed of according to the wishes of the heirs or the culturally affiliated tribe. Deems grave goods or sacred ceremonial objects found on public or tribal land to be owned by the tribe: (1) on whose reservation such items were discovered; (2) who aboriginally occupied the land on which the items were discovered; or (3) who can show a cultural affiliation with the items. Requires Federal agencies which possess or control any Native American skeletal remains or sacred objects to: (1) inventory such items and, to the extent possible, identify such items as to tribal origin; and (2) notify each tribe of the possession of such items. Directs tribes to decide which remains or objects they agree to accept and to notify the appropriate Federal agency. Requires Federal agencies and museums receiving Federal funds to return items to the tribe unless such items: (1) were acquired with the consent of the tribe or the legitimate Native American owners; or (2) are indispensable for the completion of a specific scientific study. Makes ineligible for further Federal funding museums not in compliance with this Act.
![Official portrait of Rep. Bennett, Charles E. [D-FL-3]](https://www.congress.gov/img/member/b000371_200.jpg)