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 · 9 May 1989
Alternative Fuels Incentive Act of 1989 - Amends the Internal Revenue Code to permit an income tax credit for investments in qualified clean-burning (natural gas, liquefied petroleum gas, or alcohol) motor vehicle fuel property. Permits a 20 percent credit from 1990 through 1999, phasing out the credit in five percent increments annually thereafter to reach zero percent at the end of 2002. Applies the credit to depreciable property that is: (1) equipment designed either to modify a motor vehicle so that it will be propelled only be a clean-burning fuel or to assist in delivering such fuel into such vehicles; or (2) a motor vehicle propelled by clean-burning fuel. Authorizes the Secretary of the Treasury to make credit-equivalent payments to States and to local governments in connection with qualified property.
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 · 2 May 1989
National Voter Registration Act of 1989 - Requires each State to establish procedures with respect to elections for Federal office to permit voter registration by: (1) application in person simultaneously with application for a motor vehicle driver's license; (2) mail application; and (3) application in person at designated Federal, State, and private sector locations. Declares that this Act does not apply to any State that has no voter registration requirement with respect to elections for Federal office. Requires each State to establish a uniform and nondiscriminatory program to confirm the registration of voters in such State. States that challenges to the qualifications of an individual to vote in an election for Federal office may be made on the day of the election only as provided by State law. Provides for individuals with and without documentary proof of qualification to vote. Sets forth a special procedure to enable an individual to vote when his registration to vote cannot be verified. Requires each State to: (1) assure that any eligible applicant who submits his or her application 30 days before the election is registered to vote in the election; (2) require the appropriate State election official to notify each applicant of the disposition of the application; (3) provide that the name of a voter may not be removed from the official list of eligible voters for failure to vote or any other reason except death, criminal conviction, mental incapacity, change in residence, or voter request; and (4) inform those who register pursuant to this Act of voter eligibility requirements and penalties provided by law for submission of a false voter registration application. Requires the Federal Election Commission to report on the impact of this Act on the administration of elections for Federal office. Requires each State to designate a chief State election official to coordinate State functions under this Act. Provides a private right of action for an individual aggrieved by a violation of this Act. Provides for the awarding of attorney fees to the prevailing party, other than the United States. Imposes criminal penalties upon any person who: (1) intimidates, threatens, or coerces any person for registering or voting or exercising any right under this Act; or (2) deprives or defrauds the inhabitants of a State of a fair and impartially conducted election process. Authorizes appropriations necessary to carry out this Act.
United States · United States Congress · 2 May 1989
Facsimile Advertising Regulation Act - Amends the Communications Act of 1934 with respect to telephone facsimile machines (equipment which has the capacity to reproduce text or images into an electronic signal, transmit such signal over a regular telephone line, receive such signals, and produce a copy of the transmitted text and images). Makes it unlawful for any person in the District of Columbia or in interstate or foreign communications, by means of a telephone, to use any telephone facsimile machine (fax machine) or other electronic device to send any unsolicited advertisement to the fax machine of any person whose number is on record with a common carrier as the number of one objecting to receipt of such advertisements. Directs each common carrier to maintain a list of persons who notify them of their objection to receiving such unsolicited advertisements by fax machines. Directs the Federal Communications Commission to revise the regulations governing fax machines to require that any such machine which is manufactured six months after the enactment of this Act and used for the distribution of unsolicited advertising be equipped to identify the date and time sent, an identification of the business sending the advertising, and the telephone number of the sending machine.
United States · United States Congress · 2 May 1989
Privacy for Consumers and Workers Act - Requires employers who engage in electronic monitoring to provide each affected employee with prior written notice describing specified aspects of the electronic monitoring directly affecting the employee. Requires employers to notify prospective employees at personal interviews or meetings of existing forms of electronic monitoring which may directly affect them and, upon request, provide them with the written notice provided to employees. Requires employers to provide affected employees with some form of visual or aural notice that indicates that electronic monitoring is taking place, at periodic intervals unless the monitoring is continuous during each of the employee's shifts. Requires employers to provide affected customers with some form of visual or aural notice, at periodic intervals, indicating that telephone service observation is taking place. Requires employers to permit employees or their authorized agents to have access to all personal data obtained by electronic monitoring of their work. Prohibits employers from collecting personal data on an employee which is not relevant to the employee's work performance. Prohibits employers from disclosing personal data obtained by electronic monitoring to any person or business except to the individual employee to whom that data pertains or without the employee's prior written consent, unless disclosure would be: (1) to the employer's officers and employees who need it to perform their duties; (2) to a law enforcement agency for a criminal investigation or prosecution; or (3) pursuant to a proper court order. Prohibits employers from using personal data obtained by electronic monitoring as the exclusive basis for individual employee performance evaluation or disciplinary action, unless the employee is given an opportunity to review the data within a reasonable time after it is obtained. Prohibits employers from using personal data or collective data obtained by electronic monitoring as the sole basis for setting production quotas or work performance expectations. Prohibits employers from maintaining, collecting, using, or disseminating personal data obtained by electronic monitoring which describes how an employee exercises First Amendment rights, unless such use is: (1) expressly authorized by statute or by the employee; or (2) pertinent to and within the scope of an authorized law enforcement activity. Sets forth the following enforcement provisions: (1) civil penalties; (2) injunctive actions by the Secretary of Labor; and (3) private civil actions. Prohibits waiver of rights and procedures provided by this Act, unless such waiver is part of a written settlement by the parties to a pending action or complaint. Directs the Secretary of Labor to issue rules and regulations to carry out this Act within six months. Makes this Act inapplicable to otherwise permissible electronic monitoring by law enforcement agencies in criminal investigations.
United States · United States Congress · 2 May 1989
Prohibits the U.S. Government from giving its approval to the manufacturing license agreement involving the export of technology relating to the design, development, and production of the FSX aircraft in Japan.
United States · United States Congress · 27 April 1989
Overseas Base Closure and Realignment Act of 1989 - Establishes the Commission on Realignment and Closure of Bases Outside the United States. Requires the Commission to make recommendations with respect to the realignment or closure of U.S. military installations outside the United States and report to the Secretary and specified congressional committees the results of such recommendations. Directs the Secretary of Defense to: (1) close all military installations located outside the United States and recommended for closure by the Commission on Realignment and Closure of Bases Outside the United States; (2) realign all military installations located outside the United States and recommended for realignment by the Commission; and (3) initiate such closure or realignment no later than the earliest date on which the United States may, pursuant to treaty or other agreement with the foreign country concerned, close or realign the military installation concerned. Prohibits the Secretary from carrying out any closure or realignment under this Act unless: (1) no later than March 15, 1990, the Secretary has reported to the Senate and House Armed Services Committees that the Secretary has approved and will implement all closures and realignments recommended by the Commission; and (2) the Commission has recommended such closures or realignments and has reported such recommendations to the Committees. Prohibits the Secretary from carrying out any such closure or realignment if a joint resolution is enacted disapproving the recommendations of the Commission within a specified time. Directs the Secretary, in closing or realigning a military installation under this Act, to carry out any actions necessary to implement such closure or realignment. Waives, for purposes of this Act, any provision of law restricting the use of funds for closing or realigning military installations included in any appropriation or authorization Act. Establishes in the Treasury the Department of Defense Overseas Base Closure Account. Provides that, when a decision is made to use funds in the Account to carry out a construction project and the cost of such project will exceed the maximum amount authorized by law for a minor construction project, the Secretary shall notify the appropriate congressional committees of the nature of, and justification for, such project and the amount of expenditures for the project. Directs the Secretary, as part of each annual budget request for the Department of Defense, to transmit to the appropriate committees of the Congress: (1) a schedule of the closures and realignments to be carried out under this Act and the cost savings to be achieved; and (2) a description of the military installations to which functions are to be transferred as a result of such closures and realignments. Directs the Secretary to report to the appropriate congressional committees the amount and nature of deposits into, and expenditures from, the Account during the prior fiscal year. Outlines the legislative process for the consideration of Commission recommendations by way of a joint resolution in the Congress.
United States · United States Congress · 26 April 1989
Amends the Federal Meat Inspection Act to authorize the distribution of a meat article or animal without charge to nonprofit private entities or to State, local, and Federal entities engaged in the distribution of food without charge to individuals, if the article or animal: (1) is in violation of the Act; (2) has been seized and condemned; (3) is capable of use as a human food; and (4) has been inspected under the Act. Relieves the United States and the person from whom the meat was seized and condemned from legal responsibility for the article or animal if it was found after inspection under the Act to be capable of use as a human food.
United States · United States Congress · 26 April 1989
Emergency Nurse Shortage Relief Act of 1989 - Amends title VIII (Nurse Education) of the Public Health Service Act to authorize the Secretary of Health and Human Services to make grants for programs to: (1) promote nursing as a career, including promotion in public secondary schools; (2) identify and provide internships to students in such schools who show an interest in health care; and (3) recruit nursing students from groups not traditionally well represented in the profession. Authorizes appropriations. Authorizes the Secretary to make grants for programs to: (1) encourage and assist non-practicing nurses to reenter the profession; (2) train nurses as nurse practitioners or nurse midwives or in areas of needed specialized nursing skills; and (3) provide tuition assistance to students in educational programs designed to facilitate reentry. Authorizes appropriations. Authorizes the Secretary to make grants for programs to: (1) increase the attractiveness of nursing as a career through changes in wage structures, employment options and benefits, and the role of nurses in health care facilities; and (2) demonstrate innovative methods of providing for career advancement and encourage nurses and nurse assistants to continue nursing education. Authorizes appropriations. Authorizes the Secretary, subject to appropriations, to establish a program to insure educational loans to individuals with a degree as a registered nurse for educational expenses related to training nurses as nurse practitioners or nurse midwives or in areas of needed specialized nursing skills. Makes provisions of the Federal Program of Insured Loans to Graduate Students in Health Professions Schools, established by current law in the Public Health Service Act, apply to this program except as inconsistent. Authorizes the Secretary, subject to appropriations, to enter into agreements with eligible individuals to assist in repaying specified amounts of their eligible educational loans. Sets forth criteria for an individual to be eligible to receive assistance, including a requirement that the individual agree to work full-time as a registered nurse in a nursing crisis area. Sets forth a schedule for loan repayment by the Secretary to the holder of the loans based on the number of years of work completed as agreed. Amends the Internal Revenue Code to allow C corporations a tax credit for 20 percent of the amount paid or incurred as qualified nursing scholarships. Directs the Attorney General to extend for at least one additional year the status of nonimmigrant alien for those aliens admitted under specified provisions of the Immigration and Nationality Act who perform services as registered nurses in a nursing crisis area, provided the Secretary of Labor has certified that the continuing employment of the aliens will not adversely affect the wages and working conditions of U.S. registered nurses. Amends title VIII (Nurse Education) of the Public Health Service Act to direct the Secretary of Health and Human Services to designate areas that have: (1) a severe shortage in the number of nurses as nursing crisis areas; and (2) a shortage of practicing nurses with specialized nursing skills as areas of needed specialized nursing skills. Directs the Secretary to review and, if necessary, redesignate such areas at least annually.
United States · United States Congress · 26 April 1989
Amends Internal Revenue Code provisions governing the income tax deduction for the health insurance costs of self-employed individuals to: (1) make the deduction permanent (under current law it will expire after tax year 1989); and (2) phase in an increase in the allowable deduction, reaching 100 percent for taxable years beginning in 1994 and thereafter.
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
Department of Veterans' Affairs Minority Affairs Act - Directs the Secretary of Veterans Affairs to designate the Assistant Secretary in the Department of Veterans Affairs (VA), whose functions include equal opportunity functions as the Chief Minority Affairs Officer. Outlines the duties of the Chief Minority Affairs Officer (the Chief), including the following: (1) investigating and examining VA activities affecting minority group members who are veterans or who receive benefits from the VA; (2) assessing the needs of minority veterans within the VA; (3) advising the Secretary regarding the effect on minority veterans of policies, regulations, and programs of the VA and of methods to ensure that minority veterans are afforded an opportunity to participate fully in the activities and benefits of the VA; and (4) carrying out any other additional functions as the Secretary may prescribe. Establishes within the VA five Deputy Officers of Minority Affairs, each of whom shall be appointed by the Secretary. Requires each officer to be responsible for one of the following areas: (1) Asian American affairs; (2) Black American affairs; (3) Hispanic American affairs; (4) Native American affairs; and (5) women's affairs. Requires the Secretary, no less than annually, to report to the Congress a detailed description of any activities and policies of the VA relating to minority group members who are veterans or who receive benefits from the VA and the duties of the Chief and the Deputy Officers of Minority Affairs.
United States · United States Congress · 18 April 1989
Amends Federal bankruptcy law to define "swap agreement" and "swap participant." Exempts various transactions in connection with interest rate and currency swap agreements from the automatic stay triggered by the filing of a bankruptcy petition. Prohibits the trustee in bankruptcy from avoiding any transfer made under a swap agreement before commencement of the bankruptcy case or any setoff in connection with a swap agreement if the offset is made within 90 days prior to the bankruptcy filing. Provides that the contractual right of a nonbankrupt party to a swap agreement to terminate the agreement shall not be stayed or otherwise limited under Federal bankruptcy law or by related judicial or administrative proceedings.
United States · United States Congress · 18 April 1989
Amends accounting provisions of the Internal Revenue Code to permit licensed used automobile dealers to use the installment method in connection with retail sales of any automobile that is more than three years old at the time of the sale if: (1) the sales price is $6,000 or less; and (2) the installment obligation arises solely from the sale in question and has a term of 36 months or less.
United States · United States Congress · 18 April 1989
Live Performing Arts Labor Relations Amendments - Amends the National Labor Relations Act to exclude specified types of employers and performers in the live performing arts from coverage under unfair labor practice provisions: (1) prohibiting specified contracts or agreements between employers and labor organizations; and (2) prohibiting specified actions of labor organizations to force or require cessation of dealings with others, joining of labor or employer organizations, or recognition of or negotiation with labor organizations not certified as representative. Permits such employers to: (1) agree with a labor organization to make membership in it a condition of performing arts employment; and (2) make agreements with a labor organization covering performing artists even if its majority status has not yet been established. Defines "employer" to include purchasers of live musical performance services. Defines "employee" to include independent contractors engaged to perform live musical services.
United States · United States Congress · 18 April 1989
Organ Transportation Good Samaritan Act - Limits to gross negligence the liability of persons who without compensation transport by air in interstate commerce human transplant organs.
United States · United States Congress · 18 April 1989
Employee Educational Assistance Act of 1989 - Repeals provisions of the Internal Revenue Code that: (1) terminated the income tax exclusion of amounts paid under employee educational assistance programs as of tax year 1989; and (2) deny benefits in connection with graduate work.
United States · United States Congress · 18 April 1989
Amends the Internal Revenue Code to disallow an income tax deduction for business expenses incurred as removal or liability costs resulting from a spill or other discharge of oil being transported by or for the taxpayer from a vessel onto waters subject to the Clean Water Act. Excludes discharges 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. Applies this deduction denial retroactively with respect to amounts incurred in taxable years 1989 and thereafter.
United States · United States Congress · 13 April 1989
Childless Veterans Assistance Act of 1989 - Authorizes the Secretary of Veterans Affairs to provide procreative services and reimbursement for adoption expenses to veterans (or their spouses) with a service-connected inability to procreate. Prohibits the Secretary from reimbursing a veteran for adoption expenses: (1) until after the adoption is final; (2) that are paid to or for the veteran under any other program administered by the Federal Government or by a State or local government; or (3) in an amount greater than $2,000 per child or $4,000 total per veteran.
United States · United States Congress · 13 April 1989
Amends the Low-Level Radioactive Waste Policy Act to prohibit the Nuclear Regulatory Commission from granting a license for any low-level radioactive waste disposal facility at a site within 60 miles of the border of a neighboring State or nation, unless the relevant interstate compact (or State that is not a member of a compact) provides notice and detailed information about the project to the neighboring noncompact State or nation and to each local government and Indian tribal unit in the targeted area, giving them the chance to comment. Requires that the compact determine that the relevant site meets listed criteria before a decision to construct the disposal facility is made.
United States · United States Congress · 13 April 1989
Authorizes the Raoul Wallenberg Tribute Committee to establish a work to honor Raoul Wallenberg on Federal land in the District of Columbia or its environs. Prohibits the United States from paying any expense of the establishment of the work.
United States · United States Congress · 13 April 1989
Expresses the sense of the Congress that the United States should: (1) give the highest priority to fully accounting for the Americans still missing in Southeast Asia and to negotiating the return of Americans still held captive; (2) maintain an ongoing dialogue with Vietnamese, Cambodian, and Lao officials so that the prisoners of war issue may be resolved; (3) continue joint field investigations with such officials; and (4) heighten public awareness of the prisoners of war issue through the dissemination of factual data.
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
Nuclear Investigations Improvement Act of 1989 - Amends the Energy Reorganization Act of 1974 to establish within the Nuclear Regulatory Commission the Office of Investigations, to be headed by a Director of Investigations appointed by the Commission. Confers responsibility upon the Office to investigate violations within the Commission's jurisdiction when information indicates that the violations either were willfully caused or were the result of careless disregard for regulatory requirements. Requires the Director to report violations of Federal criminal law to the Commission and the Justice Department. Requires Commission employees to report to the Office information indicating that violations either were willfully caused or were the result of careless disregard for regulatory requirements.
United States · United States Congress · 12 April 1989
United States-Soviet Peace Corps Agreements Act - Expresses the sense of the Congress that the President should negotiate agreements with the Government of the Soviet Union to provide for the mutual establishment, organization, administration, and management of a United States-Soviet Peace Corps (Corps). Declares that the Corps should establish projects in both countries and in developing countries to: (1) aid elderly and disabled persons and children; (2) protect health and the environment; and (3) provide for assistance in instances of emergencies and natural disasters. Declares that the Corps should select and employ individuals from the United States and the Soviet Union to carry out such projects. Divides the cost of operations of the Corps between the United States and the Soviet Union. Declares that the duties of operation of the Corps belonging to the United States should be the responsibility of the Director of the Peace Corps. Requires the President to submit a report to the Congress for each such concluded Peace Corps agreement within 90 days after it is completed.
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
Natural Gas Decontrol Act of 1989 - Amends the Natural Gas Policy Act of 1978 to declare that the price guidelines for the first sale of natural gas do not apply to: (1) expired, terminated or post-enactment contracts executed after the date of enactment of this Act; (2) certain renegotiated contracts; and (3) gas produced from a well the surface drilling of which began after a specified date. Repeals wellhead price controls.
United States · United States Congress · 5 April 1989
Children's Television Act of 1989 - Requires the Federal Communications Commission to prescribe standards for commercial television broadcast licensees that limit the duration of advertising in programs for children to a specified number of minutes per hour. Instructs the FCC to initiate appropriate rulemaking proceedings within 30 days of this Act's enactment and to promulgate the final standards within 150 days of enactment. Authorizes modifications of the standards after January 1, 1993, if FCC review and public comments demonstrate that the public interest would be served by the changes. Directs the FCC, when reviewing any application for a television broadcast license renewal, to consider compliance with these advertising standards, as well as the licensee's programming in connection with the educational and information needs of children.
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
Amends the Federal criminal code to prescribe penalties for the unauthorized use of the name Visiting Nurse Association or Visiting Nurse Service or of the name or insignia of the Visiting Nurse Association of America.
United States · United States Congress · 5 April 1989
United States-Mexico Border Regional Development Act of 1989 - Provides Federal assistance for economic and human resource development to the State and local governments in the U.S.-Mexico border region of Arizona, California, New Mexico, and Texas. Defines such region as the area of the United States within 150 miles of the Mexican border, excluding any standard metropolitan statistical area with a population exceeding 1,000,000. Title I: The United States-Mexico Border Regional Commission - Establishes the United States-Mexico Border Regional Commission (the Commission). Sets forth provisions for Commission membership, voting, and duties. Directs the Commission to: (1) review and approve applications for assistance for development projects in the region; (2) develop comprehensive and coordinated regional development plans and programs and priorities for their implementation; (3) provide for research and assessments of regional development needs and resources; (4) provide for technical assistance, training programs, and development projects to foster regional (and special need area) productivity and growth; (5) provide for construction of necessary facilities; (6) review, study, and recommend appropriate modifications of public and private development plans for the region; (7) provide assistance for the State development planning process in the region and the coordination of such planning with other Federal and State laws; (8) formulate and recommend appropriate interstate compacts and cooperation; (9) work with State and local agencies in developing appropriate model legislation concerning the region; (10) encourage formation of and assist local development districts; (11) encourage private investment in industrial, commercial, and recreational projects in the region; (12) coordinate development projects in the region; and (13) provide a forum for consideration of regional problems and proposed solutions, establishing and using, as part of such forum, citizens and special advisory councils and public conferences. Authorizes the Commission, in carrying out such duties, to designate areas in the region as being in special need of development assistance, specifying the characteristics of each such area that led to such designation. Limits the amount of the Commission's administrative expense payment to a local development district to 75 percent of the district's administrative expenses for a fiscal year. Limits such payment period to three years in the case of a nonprofit agency or instrumentality of a State which is certified as a local development district, or any local development district succeeding such district. Sets forth provisions for public participation and Commission recordkeeping. Authorizes the Commission to make recommendations to the President, the Congress, State Governors, and local governments in the region regarding: (1) expenditure of public funds in fields related to the purposes of this Act, such as natural resources, agriculture, education, training, health and welfare, and housing; and (2) enactment of additional legislation, and issuance of rules, necessary to further the purpose of this Act. Directs the President to provide for liaison between the Commission and other Federal entities. Authorizes the Commission to provide for liaison between the Commission and the Government of the Republic of Mexico. Sets forth provisions for the administrative expenses of the Commission. Requires member States to contribute payments for part of such expenses. Provides for Federal payment of certain salaries. Authorizes appropriations. Authorizes the President to make grants to the Commission to: (1) undertake or support research and assessment, technical assistance, training, demonstration projects, and construction of necessary facilities; (2) provide funds to member States for up to two years to strengthen the State development planning process for the region and the coordination of such planning with requirements imposed by other Federal and State laws; and (3) pay administrative expenses of local development districts, including expenses for development of economic development plans and programs for the area served and for technical assistance for persons implementing such plans and programs. Sets forth annual reporting requirements for each recipient of Federal assistance under this Act and for the Commission. Title II: Development Programs for the Region - Directs the Secretary of Health and Human Services (HHS) to make grants for planning, constructing, equipping, and operating demonstration health projects approved by the Commission, including projects for hospitals, regional diagnostic and treatment centers, community health centers, and other health facilities, and for provision of services, including nutrition and child care services, not readily available in the region. Prohibits taking such grants into account in computing any allotment or payment to a State under any other law. Sets forth provisions relating to the amounts, uses, and eligibility for construction and equipment grants, operating grants, and planning grants. Directs the Secretary of the Army to prepare a comprehensive plan for the development and efficient utilization of the water resources of the region for a variety of uses from hydroelectric power to recreation. Authorizes the Secretary to recommend to the Commission demonstration water projects to increase the supply of potable water for people in the region. Directs the Secretary to submit the plan for Commission review. Directs the Commission to submit the plan, with its recommendations, to the President, who shall transmit it with appropriate recommendations, to specified congressional officers. Authorizes the Secretary to enter into contracts necessary to prepare the plan. Authorizes appropriations. Sets forth provisions for assistance for community development and housing in the "colonias" for FY 1990 through 1992. Defines "colonia" as any identifiable community: (1) in a member State; (2) in the U.S.-Mexico border region; (3) designated as a colonia by the State or county; (4) determined to be a colonia on the basis of objective criteria, including the lack of potable water supply, adequate sewage systems, and decent, safe, sanitary housing; and (5) in existence and generally recognized as a colonia before enactment of this Act. Sets forth provisions for community development block grant assistance for colonias. Directs each member State to set aside specified funds for activities designed to meet the needs of residents of colonias in the State relating to water, sewage, and housing. Provides that such funds shall be reserved from each member State's Small Cities Community Development Block Grant allocation under the Housing and Community Development Act of 1974, as follows: (1) ten percent of such allocation for FY 1990; and (2) an appropriate percentage, up to ten percent, for each of FY 1991 and 1992, as determined by the Secretary of Housing and Urban Development after consultation with representatives of the interests of eligible residents of the colonias. Allows such assistance to be used for: (1) various specified planning activities related to community development and housing; and (2) the payment of assessments for public improvements levied against properties owned and occupied by persons of low and moderate income. Requires a distribution plan for such assistance to: (1) give priority to colonias with the greatest need; and (2) be developed by the Commission (or by the State, prior to the Commission's plan) in consultation with colonia residents and representatives of their interests. Sets forth provisions for rural housing assistance for colonias. Directs the Secretary of Agriculture to give priority for assistance to colonias when in considering applications for Rural Housing Assistance under title V of the Housing Act of 1949 for any of FY 1990, 1991, or 1992. Makes the definition of rural areas under such Act inapplicable in the case of colonia assistance. Makes specified provisions of this Act relating to applications for assistance and labor standards inapplicable to community development or rural housing assistance to colonias. Directs the Secretary of Education to make grants for demonstration vocational education projects, approved by the Commission, to construct, equip, and operate new and other school facilities needed to provide vocational education in areas of the region where such facilities are not adequate. Directs the Secretary to make grants to public entities for planning, constructing, equipping, and operating approved demonstration education projects to improve education services and programs in the region. Directs the Commission to give priority to any such projects that include; (1) vocational and technical education; (2) career education; (3) adult education; (4) guidance and counseling; and (5) bilingual education. Sets forth limits for construction and equipment grants, operation grants, and planning grants. Prohibits taking such grants into account in computing allotments or payments to a State under any other law. Directs the Administrator of the Environmental Protection Agency to make grants to assist projects approved by the Commission to construct sewage treatment works in the region. Prohibits taking such grants into account in computing allotments or payments to a State under any other law. Provides for supplements to certain Federal grants, to enable persons in the region, including local development districts, to receive Federal matching share grants for which they are ineligible solely because they cannot supply the required matching funds or for which insufficient funds are available. Authorizes the President to provide funds to the Commission chairperson to assist: (1) persons in the region to supply required matching funds (which will not be considered Federal funds); and (2) Federal officials to make matching share grants under Federal laws for which insufficient funds are available, for projects in the region. Requires States to maintain their current expenditures for the benefit of areas in the region, with specified exceptions. Declares that this Act does not require a State to participate in or carry out any project under this Act without its consent. Provides for the State developing planning process, including submission of State plans by certain Commission members and requirements for plan preparation and components. Sets forth requirements for entities which State Governors or their designees may certify to the Commission as local development districts. Provides for review and approval by the Commission of applications for assistance under this Act. Bars use of funds under this Act to: (1) assist a person to relocate a business establishment from one State to another; (2) finance the cost of creating industrial facilities, commercial facilities, equipment, or working capital; (3) enable subcontractors to undertake work previously performed in another State by other subcontractors or contractors; or (4) finance the cost of facilities for the generation, transmission, or distribution of electric energy. Prohibits funds under this Act from being expended to assist any scientific or technological research or development project unless such expenditure is conditioned upon provisions to ensure that all information, copyrights, uses, processes, patents, and other developments resulting from such project will be made freely available to the general public. Directs the Attorney General to enforce such requirement in the appropriate U.S. district court. Title III: Authorization of Appropriations and Miscellaneous Provisions - Authorizes appropriations to carry out this Act not otherwise authorized. Sets aside 50 percent of such funds to carry out provisions for research and development projects, assistance to States, and administrative expenses of local development projects, and for supplements to certain Federal grants. Sets forth applicable labor standards. Requires that all laborers and mechanics employed by contractors or subcontractors in any construction, alteration, or repair (including painting and decorating) for which funds are provided under this Act shall be paid wages at the prevailing rate for similar work in the locality, as determined by the Secretary of Labor in accordance with the Davis-Bacon Act.
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
Consumer Products Safe Testing Act - Prohibits Federal department or agency heads from considering LD50 test results when determining product safety, labeling, or transportation requirements for purposes of Federal regulation. (LD50 is a procedure whereby toxicity is measured in terms of the median dose that will kill 50 percent of the test animals within a specified time.) Requires Federal department and agency heads to: (1) review and evaluate directives that call for the use of an animal toxicity test; and (2) promulgate regulations specifying the use of nonanimal alternatives. Requires that animal toxicity testing regulations be subject to periodic agency review and to public comment in certain cases.
United States · United States Congress · 5 April 1989
Amends the Internal Revenue Code to impose a three percent excise tax on wholesale sales of paper and paper products that do not contain the minimum amount of recycled materials in accordance with Environmental Protection Agency (EPA) guidelines. Increases the tax rate by one percent each year to reach a maximum 12 percent rate for sales during 2000 and thereafter. Directs the EPA Administrator to issue guidelines for products not already designated by relevant guidelines.
United States · United States Congress · 5 April 1989
Urges the President to encourage the major private creditors of Mexico to enter into and conclude negotiations with the Mexican Government to reduce Mexico's debt and debt-service costs before July 15, 1989.
United States · United States Congress · 4 April 1989
Torture Victim Protection Act of 1989 - Imposes civil liability on anyone who, under color of law of any foreign nation, subjects any individual to torture or extrajudicial killing. Grants jurisdiction over such cases to U.S. district courts only after claimants have exhausted all available remedies in the place where the conduct giving rise to the claim occurred.
United States · United States Congress · 4 April 1989
Employee Pension Protection Act of 1989 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to revise fiduciary standards applicable to pension plan assets to account for duties with respect to assets of terminated plans. Establishes fiduciary standards to apply to employer reversions upon plan termination, requiring an employer to establish and maintain a complete replacement plan or a substantial replacement plan in connection with the termination. Prescribes requirements to govern both types of plans. Links the establishment of either of these new plans to the amount of any employer reversion, requiring the new plans to have assets sufficient to pay all liabilities to participants and their beneficiaries. Considers any plan fiduciary or sponsor to be jointly and severally liable for violation of ERISA if requirements regarding complete replacement or substantial replacement plans upon plan termination are not met at any time during the five-year period beginning on the date of final distribution of assets from the terminated plan. Describes fiduciary duties to govern the distribution of plan assets to participants and beneficiaries upon plan termination in cases when the employer does not set up a replacement or substantial replacement plan. Institutes fiduciary duties with respect to distributions of plan assets upon termination in direct trustee-to-trustee transfers to individual retirement plans. Directs the Secretary of Labor to prescribe reporting requirements in connection with these transfers.
United States · United States Congress · 23 March 1989
Amends title XIX (Medicaid) of the Social Security Act to phase-in, over four years, the requirement that nursing facilities pay nursing personnel at a rate at least equal to the mean rate paid nursing personnel employed outside such facilities.
United States · United States Congress · 23 March 1989
Used Oil Recycling Act of 1989 - Amends the Solid Waste Disposal Act to prohibit the Administrator of the Environmental Protection Agency from listing or identifying as a hazardous waste any: (1) recycled oil; (2) used oil transferred to a person who certifies that such oil will be rerefined, processed, or reclaimed for a beneficial purpose or stored less than 12 months prior to such transfer; and (3) used oil which has been removed from the engine of a light duty motor vehicle or household appliance by the owner, transferred to a service station dealer, and stored by the dealer for less than 12 months. Requires the Administrator to determine whether to list as a hazardous waste used oil which is a solid waste and does not satisfy the above-listed criteria. Directs the Administrator to establish management standards for the storage, testing, transportation, treatment, exportation and importation, and processing of used oil. Requires such standards to be designed to protect human health and the environment by encouraging and expanding reliance on recycling of used oil. Exempts generators of used oil from recordkeeping or reporting requirements if such generators: (1) enter into an agreement for delivery of such oil to a recycling facility whose owner or operator certifies compliance with such standards or recycles such oil; (2) do not mix the oil with any hazardous wastes; and (3) maintain necessary records relating to the oil. Prohibits mixing used oil with any hazardous waste identified under such Act except where: (1) such mixing involves an identified hazardous waste and the resulting mixture does not exhibit a characteristic identified in such Act; and (2) the used oil mixture is burned to recover useful energy such that protection of human health and the environment is assured. Deems owners or operators of facilities which process used oil for fuel to have permits for recycling activities if in compliance with management standards. Directs the Administrator to conduct inspections of such facilities to determine compliance with such standards. Requires the Administrator to implement educational programs to inform the public about the environmental and safety hazards associated with improper handling of used oil and the benefits of used oil recycling. Authorizes appropriations. Directs the Administrator to promulgate regulations concerning the procurement of used oil fuel by Federal agencies subject to the requirements of the Solid Waste Disposal Act.
United States · United States Congress · 23 March 1989
Copyright Fees and Technical Amendments Act of 1989 - Amends Federal copyright law to increase the copyright fees. Prescribes guidelines under which the Register of Copyrights is authorized to increase the fees.
United States · United States Congress · 23 March 1989
Natural Gas Decontrol Act of 1989 - Amends the Natural Gas Policy Act of 1978 to declare that the price guidelines for the first sale of natural gas do not apply to deliveries taking place under: (1) expired, terminated, or post-enactment contracts executed after the date of enactment of this Act; (2) certain renegotiated contracts; and (3) gas produced from a well the surface drilling of which began after a specified date. Repeals wellhead price controls.
United States · United States Congress · 23 March 1989
Amends the Education of the Handicapped Act to authorize the Secretary of Education to make a grant to each of ten eligible State and local educational agencies and private educational institutions for demonstration programs addressing the educational needs of elementary and secondary school students with dyslexia. Authorizes appropriations for FY 1990 and thereafter.
United States · United States Congress · 23 March 1989
Declares it to be the policy of the United States that Federal records, books, and publications of enduring value be produced on acid-free permanent papers. Makes recommendations relating to such papers to Federal agencies and to American publishers. Recommends that the Secretary of State make known such national policy to foreign governments and appropriate international agencies. Directs the Librarian of Congress, the Archivist of the United States, the Director of the National Library of Medicine, and the Administrator of the National Agricultural Library to monitor progress in implementing such policy.
United States · United States Congress · 22 March 1989
Amends title V (Maternal and Child Health Services) of the Social Security Act to increase authorized appropriations for such program. Requires States, as a condition of receiving additional funds, to conduct a statewide needs assessment of maternity and infant care, including prenatal care and prevention of low birthweight and infant mortality, and to develop a plan to meet those needs. Changes State reporting requirements to monitor plan implementation results.
United States · United States Congress · 22 March 1989
National African-American Heritage Memorial Museum Act - Establishes within the Smithsonian Institution the National African-American Heritage Memorial Museum to be operated as a center and location for education, research, events, and collection and display of items and materials relating to the historical, cultural, economic, political, and other aspects of the scope of experiences of African-Americans. Requires the Board of Trustees of the National African-American Heritage Memorial Museum to report to the Congress and the President annually on its activities and operations. Authorizes appropriations.