United States · United States Congress · 23 June 1989
Designates September 1989 as National Minority Health Awareness Month. Directs the Secretary of Health and Human Services to: (1) make publicly available information on minority health problems and minority health professionals' careers and contributions; and (2) present public service announcements on health promotion and disease prevention among minority Americans.
United States · United States Congress · 22 June 1989
Amends the National Labor Relations Act to provide that a specified prohibition against certification of labor organizations representing both "guards" and other employees, for collective bargaining unit purposes, is to be applied only in the case of "plant security guards" whose primary responsibility is to prevent employee disorder and misconduct.
United States · United States Congress · 21 June 1989
Stratospheric Ozone Protection Act of 1989 - Amends the Clean Air Act to list as class I and II substances which are known or may reasonably be anticipated to contribute to stratospheric ozone depletion. Authorizes any person to petition the Administrator of the Environmental Protection Agency (EPA) to add a chemical to such lists. Requires the Administrator to: (1) add to the class I list any substance having an ozone depletion potential greater than .15; (2) add to the class II list any substance having a significant ozone depletion potential; and (3) assign each listed substance a numerical ozone depletion potential factor, based upon a comparison with chlorofluorocarbon-11. Directs producers and importers of such substances to report annually to the Administrator on the production or import levels of such substances. Makes it unlawful to produce such substances in an amount greater than 1986 levels effective 180 days after enactment of this Act. Requires a further reduction by July 1, 1993, and makes it unlawful, effective July 1, 1996, to produce such substances for other than medical purposes. Authorizes the Administrator to promulgate rules under which persons may produce such substances in annual quantities greater than those specified under this Act if such persons obtain the rights to such production from other persons who will be subject to enforceable reductions in such substances which: (1) exceed the reduction otherwise required; (2) are greater than the annual production increase; and (3) would not have occurred in the absence of such transaction. Makes it unlawful to produce any listed substance which yields an ozone depletion potential greater than the 1986 depletion level. Requires the Administrator to promulgate regulations requiring a 95 percent reduction in ozone depletion potential of such substances by 1997. Provides that if the Administrator fails to promulgate such regulations, it shall be unlawful, effective July 1, 1997, to produce such substances in annual quantities yielding ozone depletion potentials greater than five percent of the 1986 depletion level. Directs the Administrator to promulgate regulations requiring producers of such substances to reduce production more rapidly if the accelerated schedule is necessary to protect human health and the environment or if the reduction is attainable, based on the availability of substitutes for such substances. Prohibits the importation of such substances or products using such substances, unless the exporting nation has an equivalent or more stringent production reduction program. Requires the Administrator to certify national programs, such certification to be reviewed annually. Equates imports with production when determining a manufacturer's required reductions. Directs the President to prohibit: (1) the export of technologies to produce class I substances; and (2) investment in facilities for producing such substances in nations which are not certified. Requires the Administrator to: (1) review sources containing information on potential chemicals or product substitutes and alternative manufacturing processes as replacements for class I substances; (2) report such findings to the Congress; (3) require producers to provide the EPA with their unpublished health and safety studies on chemical substitutes for such substances and notify the EPA before existing chemicals are put to significant new uses as chlorofluorocarbon and halon substitutes; and (4) annually update such review and, two years after this Act's enactment, include class II substances in such review. Directs the Administrator to promulgate rules applicable to replacements for such substances to require that processes and products that reduce overall risks to public health and the environment are used. Requires the Administrator to publish a list of prohibited substitutes and safe alternatives. Authorizes any person to petition the Administrator to add or remove a substance from such list. Makes it unlawful, after 1992, to manufacture or import any household or commercial appliance containing such substances unless such appliances have apertures that allow the removal of such substances without loss into the atmosphere. Prohibits, after 1990, the introduction of such substances into interstate commerce in pressurized containers weighing less than 15 pounds. Requires the Administrator to promulgate regulations requiring the maximum feasible reductions in the use of class I substances, including measures to: (1) recover and recycle such substances in manufacturing processes and prior to disposal of products containing such substances; (2) increase the efficiency of the use of such substances; (3) provide for the use of safe alternatives; (4) achieve reductions of at least 50 percent in the use of class I substances for servicing and repairs of household and commercial appliances and in the manufacture of products in which such substances are used as solvents or blowing agents; and (5) achieve reductions, without reduced fire safety, in releases associated with discharges of such substances from fire prevention or extinguishing equipment. Prohibits business establishments from performing services on motor vehicle air conditioners involving refrigerants, unless approved refrigerant recycling equipment is used and persons performing such services have been properly trained and certified. Applies such requirement three years after this Act's enactment to establishments which performed service on fewer than 100 air conditioners during 1990. Requires such establishments to certify to the Administrator that they meet such requirements or serviced fewer than 100 air conditioners during 1990. Requires containers of listed substances to bear labels stating that such substances harm public health and the environment by destroying the ozone layer and disrupting the climate.
United States · United States Congress · 21 June 1989
Emergency Chinese Adjustment of Status Facilitation Act of 1989 - Waives the two-year home country residence requirement for nationals of the People's Republic of China in the United States on a student (J) visa. Continues the legal status of nonimmigrant nationals of the People's Republic of China in the United States for adjustment or change of status purposes.
United States · United States Congress · 21 June 1989
Provides that if the Office of Personnel Management (OPM) does not enter into a Government-wide indemnity benefit plan contract for 1990 or 1991, in order to compute the average total premium of the six health benefit plans for determining the Government's share of the Federal Employees Health Benefits Program (FEHBP) premiums, the indemnity benefit plan premium in effect at the beginning of each such contract year shall be deemed to be: (1) for 1990, the 1989 premium adjusted by the average increase or decrease of the premiums of the other five benefit plans for contract year 1990; and (2) for 1991, the premium deemed to have been in effect in 1990 adjusted by the average increase or decrease of the premiums for the other five health benefit plans for contract year 1991. Declares that separate percentages shall be computed under this Act with respect to enrollments for self alone and enrollments for self and family.
United States · United States Congress · 15 June 1989
National American Indian Museum Act - Establishes within the Smithsonian Institution a memorial to Native Americans to be known as the National Museum of the American Indian, to provide for the study, research, collection, and exhibition of Native Americans and their culture. Designates specified areas in the District of Columbia and New York City as the sites of facilities for the Museum. Requires establishment of a facility for the conservation and storage of Museum collections at the Museum Support Center in Suitland, Maryland. Authorizes the Smithsonian to: (1) provide for the transfer of certain assets of the Heye Foundation for the benefit and use of the Museum; (2) construct such facilities; (3) provide for acquisition of Native American objects and artifacts from museums or private collections; and (4) maintain or loan objects and artifacts in the Museum collection. Establishes the Board of Trustees of the Museum. Directs the Board to: (1) recommend annual budgets for the Museum; and (2) assist the Board of Regents on matters relating to the Museum. Grants the Trustees sole authority to: (1) dispose of and acquire additional Museum property; and (2) establish policy with respect to the utilization of the Museum's collections. Grants the Trustees authority to: (1) establish policy with respect to the restoration, preservation, and maintenance of Museum collections; (2) solicit funds for the Museum; (3) approve expenditures from the Museum's endowment; (4) advise the Museum's Director; (5) provide for the exhibition of Native American objects and artifacts; and (6) conduct research and evaluation and educational programs with respect to the Museum collections. Requires the Trustees to submit annual reports to the Board of Regents and the Congress. Requires the Foundation's employees serving at the time of the transfer to be offered employment by the Smithsonian. Directs the Board of Regents to: (1) loan artifacts and objects from the Smithsonian Institution traveling exhibit service to the Heye Foundation's successor; and (2) provide training and assistance to such successor to maintain and operate exhibits and a museum facility at Audubon Terrace, New York, New York. Directs the Board, in providing such services, to require such successor to: (1) designate a specified area for exhibit space; (2) ensure physical suitability of such space for exhibition of traveling collections; and (3) make an effort to coordinate exhibits. Authorizes the Board to enter into agreements with museums, educational institutions, and cultural organizations to: (1) loan Native American artifacts and objects from the Museum collection; (2) sponsor and coordinate traveling exhibitions; and (3) provide technical assistance. Directs the Board to enter into an agreement with the Secretary of the Interior to insure that certain museums have an opportunity to participate in such programs. Directs the Board to: (1) identify the geographic and tribal origins of the skeletal remains of Indians and associated grave offerings in the Smithsonian; (2) conduct a study and make recommendations on how to implement a policy of returning or repatriating such skeletal remains and associated grave offerings according to tribal custom; (3) consult with traditional Indian religious leaders in making such recommendations; and (4) report to the Congress within three years of this Act's enactment on the identity of such skeletal remains and associated grave offerings and the findings and recommendations of such study. Directs the Secretary to make grants available for assisting Indian tribes in such repatriation. Authorizes appropriations.
United States · United States Congress · 15 June 1989
Job Corps Amendments Act of 1989 - Amends the Job Training Partnership Act (the Act) to revise provisions for the Job Corps. Raises the maximum age limit for Job Corps enrollees from 22 to 25, and repeals authority to waive the age limitation for handicapped individuals. Declares that nothing in the Act prohibits transfer of Job Corps participants to and from Training Services programs for the disadvantaged. Increases from ten to 20 percent the maximum percentage of Job Corps enrollees who may be nonresident participants in any year. Prohibits the Secretary of Labor (the Secretary) from reducing the number of residential participants during any program year below their number during program year 1989. Prohibits any Department of Labor funds from being used to: (1) close any Job Corps Center that was operating during program year 1989; or (2) carry out any contract with a nongovernmental entity to administer or manage a Civilian Conservation Center of the Job Corps which was not under such a contract as of September 1, 1984. Directs the Secretary to provide child care at or near Job Corps centers for the children of Job Corps participants. Requires each Job Corps Center to provide alcohol or drug abuse counseling, treatment, and related prevention services for enrollees.
United States · United States Congress · 8 June 1989
Air Toxics Control Act of 1989 - Amends the Clean Air Act to establish a list of hazardous air pollutants. Permits any person to petition the Administrator of the Environmental Protection Agency for additions to or deletions from such list. Requires the presentation of adequate data concerning health or environmental effects for such additions or deletions. Prohibits air pollutants for which national air quality standards have been established, with specified exceptions, from being added to such list. Directs the Administrator to review and revise such list at least every five years. Requires the Administrator to list and establish emissions standards for categories of major emitting facilities. Establishes a timetable for the promulgation of such standards, requiring standards for all categories within eight years of this Act's enactment. Directs the Administrator to review and, if necessary, revise such standards at least every five years. Requires the Administrator, within four years of promulgating standards for a category, to evaluate risks to human health and the environment remaining after application of such standards. Provides for revisions of such standards for carcinogens or other pollutants not meeting emissions thresholds. Authorizes the Administrator to promulgate design, equipment, work practice, and operation standards for major emitting facilities under this Act. Directs the Administrator to promulgate such standards when it is infeasible to establish a numerical emission limitation standard for any category. Requires such standards to: (1) achieve reductions comparable to numerical emission limitations under this Act; (2) include leak prevention, detection, and correction requirements unless the Administrator finds such requirements infeasible or unnecessary; (3) require owners or operators of major emitting facilities to carry out annual safety inspections to locate leaks and unpermitted releases and to report the results of such inspections to the permitting authority; and (4) include procedures for monitoring or measuring emissions and for demonstrating compliance with such requirements. Authorizes the Administrator to establish a de minimis level for emissions from categories of facilities under this Act, provided that such level does not exceed 10 tons annually for any single hazardous air pollutant or 25 tons annually for a combination of such pollutants. Makes it unlawful to construct or modify a major emitting facility or to emit any pollutant subject to this Act's standards, except in compliance with a permit. Outlines the requirements of the permit program. Limits permits to five-year periods. Requires inspections of facilities for permit issuances or renewals. Authorizes the issuance of a temporary permit if a facility owner or operator certifies that the facility is in compliance with applicable standards. Requires the permitting authority to review and inspect such facility to determine whether a full permit should be issued. Requires compliance with standards by existing facilities within three years of the promulgation or revision of such standards. Exempts facilities from standards for carcinogens or nonthreshold air pollutants if a permit contains alternative emission limitations which will prevent adverse health or environmental effects. Grants extensions for permit compliance to existing facilities under specified conditions. Authorizes the President to exempt any facility from any standards for up to two years if the technology to implement such standards is unavailable and the operation of the facility is required for national security reasons. Authorizes additional two-year extensions of such exemptions. Requires the President to report to the Congress with respect to each exemption or extension. Allows exemptions from emission standards for facilities which achieved reductions of at least 95 percent from uncontrolled emissions of a hazardous air pollutant prior to proposal of the standard. Directs the Administrator to conduct an urban pollution research program to include: (1) ambient monitoring for a broad range of hazardous air pollutants in a representative number of urban locations; (2) analysis to characterize the area sources of such pollution and the health risks posed by such pollutants; and (3) consideration of factors which elevate such health risks. Requires State air pollution agencies which receive Federal grants and have responsibility for metropolitan areas with populations over 250,000 to establish monitoring programs to measure the concentrations of hazardous air pollutants. Directs the Administrator to list and promulgate emissions standards for categories of area sources of hazardous air pollutants. Establishes a timetable for the promulgation of such standards, requiring standards for all categories within eight years of this Act's enactment. Requires the Administrator to review and, if necessary, revise such standards at least every five years. Authorizes States to submit to the Administrator for approval programs for the implementation and enforcement of permits or standards concerning areas sources. Permits the transfer of the Administrator's enforcement authorities to a State. Requires the Administrator to publish guidance for use in program development. Sets forth provisions regarding approval of such programs. Requires the Administrator to review State programs at least every two years and to withdraw approval of any program if determined that a State is not administering or enforcing such program. Authorizes the Administrator to make grants to States for program development. Requires the Administrator to: (1) investigate the sources of atmospheric deposition of hazardous air pollutants on the Great Lakes and tributary waters and evaluate the adverse human health and environmental effects of such deposition; (2) report the results of such investigation to the Congress; and (3) promulgate further emissions standards or control measures necessary to prevent the effects of such deposition. Directs the Administrator to report to the Congress on the implementation of certain requirements under this Act and to maintain a database on pollutants and sources subject to provisions of this Act. Requires such report to identify specific metropolitan areas which experience high risks to human health as the result of hazardous air pollutant emissions and the sources of such emissions. Makes available to the public any information submitted to a permitting authority. Directs the Administrator to establish and maintain an air toxics clearinghouse, control technology center, and risk information center to provide technical assistance and information to States, local agencies, and the public on emissions reduction. Requires the Administrator to review and, if necessary, revise risk evaluation guidelines at least every five years. Require such evaluations to evaluate direct and indirect exposure pathways. Directs the Administrator to establish standards and procedures for the certification of persons preparing such evaluations. Requires the Administrator to publish a list of air pollutants which: (1) are emitted by motor vehicles into the ambient air or into the interior of a motor vehicle; and (2) cause or contribute to air pollution which may result in serious adverse effects to human health or the environment. Sets forth the same petitioning, review, revision, and risk evaluation procedures as those applicable to major emitting facilities. Establishes diesel particulates emissions standards for: (1) passenger vehicles and light trucks manufactured after 1991; and (2) heavy trucks and buses manufactured after 1990. Makes it unlawful, on the later of one year after this Act's enactment or January 1, 1991, to sell or introduce into commerce any leaded gasoline for use as a motor vehicle fuel. Requires the Administrator to promulgate regulations for the reduction of particulates from existing diesel buses. Permits requirements for municipal transit buses to be more stringent than those applicable to other buses. Directs the Administrator to list at least 100 substances which, as the result of an accidental release, may cause adverse human health or environmental effects. Treats liquids and gases identified by the Secretary of Transportation as toxic by inhalation as listed under this section if the Administrator fails to list 100 substances by the required deadline. Requires the Administrator to review substances which are not on such list but are listed under the Emergency Planning and Community Right-to-Know Act of 1986, this Act, and the list identified by the Secretary for possible additions to the list. Provides for petitioning and modification of such list, as appropriate. Requires the Administrator to update such list at least every five years. Directs the Administrator to: (1) establish de minimis quantities of listed substances; and (2) promulgate regulations to provide for prevention and detection of accidental releases of such substances from covered facilities and for response to such releases by owners or operators of such facilities. Requires such regulations to include monitoring, inspection, recordkeeping, storage, design, equipment, work practice, and operational requirements. Directs owners or operators of such facilities to implement risk management plans to detect and prevent or minimize accidental releases. Requires such plans to include hazard assessments, prevention programs, and response measures. Directs the Administrator to promulgate guidelines to assist in the preparation of such plans. Sets forth compliance and enforcement provisions. Requires the President to establish within the EPA an independent Chemical Safety and Hazard Investigation Board to: (1) investigate and report on accidental chemical releases; (2) propose corrective safety steps for chemical facilities; and (3) promulgate requirements for the reporting of such releases. Authorizes the Board to hold hearings, secure written reports from persons handling chemicals, obtain autopsy reports, and conduct inspections of any facility where an accidental release has occurred. Makes information obtained by the Board, with the exception of information concerning trade secrets, available to the public. Directs the Administrator to set forth reasons for any refusal to implement a recommendation of the Board. Requires the Board to report annually to the Congress on recommendations submitted to the Administrator regarding accidental releases. Authorizes appropriations. Repeals certain provisions of the Clean Air Act concerning the revision of stationary source regulations. Increases penalties for specified violations of such Act.
United States · United States Congress · 8 June 1989
Directs the Secretary of Health and Human Services to enter into an agreement for the transfer of specified monkeys used in research at the Institute for Behavioral Research in Silver Spring, Maryland, to Primarily Primates, Inc., an animal sanctuary in San Antonio, Texas, the teaching zoo known as Moorpark College in Moorpark, California, or the San Diego Zoo in San Diego, California.
United States · United States Congress · 6 June 1989
Designates June 21, 1989, as Chaney, Goodman, and Schwerner Day. Expresses the sense of the Congress that the Voting Rights Act of 1965 has helped to fulfill the promise of democracy in this Nation. Reaffirms the goal of removing remaining barriers to full voter participation in this Nation.
United States · United States Congress · 25 May 1989
Utility Customer Refund Act of 1989 - Describes conditions under which a normalization method of accounting will not be assumed (for purposes of recapture of certain investment tax credits) in connection with the treatment of excess deferred tax reserves of public utility companies.
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 · 16 May 1989
Amends specified Federal law providing support for the Civic Achievement Award Program in Honor of the Speaker of the House of Representatives to authorize appropriations to the Librarian of Congress to disburse funds to the Close Up Foundation for such program for FY 1990 and 1991. Changes from optional to mandatory for such program (which is for students in the fifth through eighth grades) such program elements as individual and group projects, mastery of academic skills, development of library skills, and community service. Grants individual, class, and school awards for program participation. (Currently, awards may be given only for satisfying specified standards.)
United States · United States Congress · 16 May 1989
Amends the American Folklife Preservation Act to authorize appropriations for the American Folklife Center in the Library of Congress for FY 1990 through 1992.
United States · United States Congress · 11 May 1989
Clean Air Restoration Act of 1989 - Title I: General Provisions for Nonattainment Areas - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency to publish guidelines for enhanced State monitoring of ozone, oxides of nitrogen, volatile organic compounds (VOCs), carbon monoxide, and particulate matter 10 (PM 10) and for improved inventories of emissions of such substances. Directs the Administrator to establish emissions factors for estimating emissions of such substances from stationary sources which emit less than 25 tons per year of such pollutants. Requires State plan revisions submitted after this Act's enactment for ozone, carbon monoxide, or PM 10 nonattainment areas to provide for the maintenance of the attainment standard for 20 years after such submission. Directs the Administrator to periodically review and revise such plans, as necessary, to insure the maintenance of such standard. Revises the boundaries of ozone and carbon monoxide nonattainment areas which are classified as Extreme or Severe and are located within Metropolitan Statistical Areas (MSA) or Consolidated Metropolitan Statistical Areas (CMSA) to include the entire MSA or CMSA. Authorizes the Administrator to modify nonattainment areas classified as Moderate or serious for ozone, carbon monoxide, or PM 10 to encompass the entire MSA or CMSA if such modification is necessary to attain the air quality standard. Requires permits issued in nonattainment areas for stationary sources to provide for: (1) quarterly reports to the permitting authority on monitoring measures; and (2) annual certifications to such authority demonstrating compliance with such permit. Prohibits the issuance of any permit unless such authority has conducted an on-site inspection of the source or emissions unit. Allows new or modified stationary sources to comply with any offset requirement for increased emissions of any air pollutant by obtaining enforceable emissions reductions of such pollutant from other sources in the same nonattainment area. Requires such reductions to be in effect by the time such sources commence operation and to insure that the total tonnage of increased emissions is offset by a greater reduction in the actual emissions from other area sources. Title II: Provisions Applicable to Ozone Nonattainment Areas - Classifies ozone nonattainment areas as Moderate, Serious, Severe, or Extreme, based upon the percentage by which the air quality standard is exceeded in the area. Authorizes the Administrator to adjust the classification of areas which would be classified in another category if the ozone level in such areas were ten percent greater or less. Requires the Administrator to promulgate special rules for rural nonattainment areas where area sources do not make significant contributions to the ozone concentration in such areas. Directs States with classified ozone nonattainment areas to submit compliance strategies to the Administrator. Requires such strategies to provide for: (1) meeting an initial milestone for emissions reductions; (2) improved monitoring of ozone, oxides of nitrogen, and VOCs; (3) annual statements from owners or operators of stationary sources showing emissions of oxides of nitrogen and VOCs; and (4) annual emissions inventories to be submitted to the Administrator. Waives the requirement for owners or operators of stationary sources which emit less than 25 tons annually of VOCs if the State provides an inventory of emissions of such sources. Applies requirements for State permits with respect to air quality standards to statements for stationary sources which emit 25 tons or more annually of oxides of nitrogen or VOCs. Deems such sources to be major stationary sources. Establishes fees to be collected by States for each ton of emissions of such substances and approval procedures for compliance strategies. Directs the Administrator to publish oxides of nitrogen and VOC emissions reduction targets for Serious, Severe, and Extreme ozone nonattainment areas. Provides for reductions or increases in such targets based upon percentage reductions or increases over a 1988 emissions inventory. Directs the Administrator to publish a VOC emissions reduction milestone for such areas to require a 20 percent reduction in emissions within four years of this Act's enactment based upon the 1988 emissions inventory. Requires additional milestones to be achieved within eight and 12 years of this Act's enactment. Sets forth attainment dates of four, eight, 12, and 16 years, respectively, for Moderate, Serious, Severe, and Extreme areas. Requires State implementation plans for Serious, Severe, and Extreme areas to be revised to include measures for meeting targets and milestones, conforming with compliance strategies, and attaining and maintaining revised ozone standards. Sets forth approval procedures for such plans. Requires the Administrator to audit biennially and, if necessary, revise such plans to assure compliance. Includes specified ratios for offsets of increased emissions by new or modified sources in permit requirements for Moderate areas. Requires compliance strategies or revised implementation plans for Serious and Severe areas to contain a permit program covering the construction and operation of certain new or modified emissions units. Requires certain emissions offsets by the time such units enter operation. Provides that such plans or strategies shall: (1) contain a motor vehicle inspection and maintenance program to reduce in-use emissions of VOCs and oxides of nitrogen in Serious areas; and (2) require the use of fill nozzles in such areas which prevent vapor discharge and vehicle fuel tank overflows on nozzle disconnect. Applies the nozzle requirement only to facilities which sell more than 10,000 gallons of gasoline per month (50,000 gallons per month in the case of certain independent small business gasoline marketers). Waives such requirement when the Administrator determines that onboard emissions control systems are in widespread use throughout the motor vehicle fleet. Requires such plans or strategies to require all buses which are purchased or leased by State or local governments after January 1, 1992, (for which such governments enter into contracts or for which engines are replaced after such date) and which are used for public transportation in Serious areas to be low-emission vehicles using low-emission fuels. Requires permits for the operation of certain existing stationary sources in Serious, Severe, and Extreme areas. Requires such strategies or plans to establish a schedule requiring at least 30 percent of the new motor vehicles registered in Severe areas by 1998 to be low-emission vehicles using low-emission fuels. Prohibits the use of an emissions reduction trading program to comply with the reasonably available control technology requirement applicable to such sources under the Clean Air Act. Requires tanks used for motor vehicle liquid fuel storage in such areas to be capable of storing methanol. Prohibits the use of Federal funds for transportation planning in such areas unless the Administrator determines that such planning uses all available techniques for reducing aggregate vehicle emissions. Requires all new motor vehicles owned or operated by persons owning or operating 15 or more vehicles in a Severe area after 1992 to be low-emission vehicles using low-emission fuels. Provides that compliance strategies and State implementation plans for Extreme areas shall contain the same requirements as those for Severe areas. Provides that, eight years after this Act's enactment, each electric utility and industrial and commercial boiler emitting more than 25 tons annually of oxides of nitrogen in such areas shall: (1) burn natural gas, methanol, or ethanol (or a comparably low polluting fuel) as a primary fuel; or (2) use advance control technology for reduction of such emissions. Establishes a schedule for increasing in annual increments the percentage of new motor vehicles registered in such areas which are low-emission vehicles. Requires all model year 2000 vehicles to be low-emission vehicles. Authorizes the establishment of traffic control measures during heavy traffic hours to reduce the use of high polluting vehicles in such areas. Allows an Extreme area to apply for a four-year extension of the attainment date. Directs the Administrator to grant such extension if the area is reasonably expected to meet minimum emissions reduction targets and the implementation plan is adequate to meet the attainment standard by the extended date. Sets forth procedures to be applied in the case of noncompliance with plan and compliance strategy requirements, including emissions offsets for new or modified stationary sources or emissions units at a ratio of three to one and a prohibition on the approval of, or awarding of Federal funds for, highway projects in non-complying areas. Sets forth deadlines for States to demonstrate that all measures in compliance strategies have been implemented and that milestones have been met. Provides for reclassification of areas or the implementation of additional measures, including economic incentive programs in Severe and Extreme areas, if a State fails to meet emissions reduction milestones or to submit a demonstration. Directs the Administrator to establish guidelines for such programs. Sets forth administrative procedures for making determinations, including provisional determinations, of attainment of air quality standards during a three-year period. Directs the Administrator to reclassify Moderate, Serious, or Severe areas which fail to meet attainment deadlines into the next, more stringent, category. Requires States with Extreme areas failing to meet such deadlines to submit plan revisions providing for: (1) emissions offsets at a ratio of three to one for new or modified sources or emissions units in such areas; and (2) an economic incentives program to aid in reducing the total tonnage of VOC and oxides of nitrogen emissions by at least five percent annually prior to attainment of the standard. Establishes an ozone transport region comprised of coastal States on the east coast between Maine and Maryland and the CMSA including the District of Columbia. Authorizes the creation of additional regions, as necessary. Directs the Administrator to establish an ozone transport commission for each region. Requires each State within a region to submit to the Administrator a revised implementation plan which requires compliance with emission levels as if the region were classified as a Serious area for ozone. Exempts regions within a State that do not contribute significantly to ozone concentrations in Serious, Severe, or Extreme areas. Permits States or subdivisions to petition the Administrator for the inclusion of another State or portion of a State within an ozone transport region. Requires the Administrator to develop criteria for determining transboundary pollution for ozone. Authorizes the Administrator to pay up to 100 percent of the program costs of such commissions for two years. Directs the Administrator to: (1) list all categories of commercial and consumer solvents, architectural and other surface coatings, pesticide applications, traffic coatings, and military specification coatings which release significant evaporative emissions of VOCs; and (2) promulgate standards biennially, for eight years, to reduce emissions from the highest priority group of such substances to the lowest feasible emissions rate. Requires the Administrator to publish a list of the 12 categories of stationary sources for which control technologies have not been published and which make the most significant contribution to the formation of ozone air pollution. Directs the Administrator to publish guidance for such sources, including guidelines for monitoring emissions of VOCs and oxides of nitrogen, and review and, if necessary, update such guidelines. Requires owners or operators of sources emitting ten tons or more of VOCs annually to reduce such emissions by a specified percentage if guidance for such source has not been published. Directs the Administrator to publish a control technology document regarding control of VOC emissions from the loading of petroleum products on or off of vessels. Provides that such emissions shall be considered to be direct emissions of the onshore terminal. Title III: Provisions Applicable to Carbon Monoxide Nonattainment Areas - Classifies carbon monoxide nonattainment areas as Moderate, Serious, or Severe. Authorizes the Administrator to adjust such classifications under conditions parallel to those for ozone nonattainment areas. Requires the Administrator to publish carbon monoxide concentration milestones for Serious and Severe areas to be achieved within four and eight years of this Act's enactment, respectively. Sets forth attainment dates of four, eight, and twelve years, respectively, for Moderate, Serious, and Severe areas. Sets forth requirements parallel to those for ozone nonattainment areas for State plan revisions, content, approval, and auditing. Requires plans for Serious and Severe areas to include: (1) motor vehicle inspection and maintenance programs to reduce in-use carbon monoxide emissions; and (2) provisions requiring the use of oxygenated fuels for all gasoline-powered motor vehicles during periods identified as having carbon monoxide concentrations potentially in excess of air quality standards. Directs the Administrator to promulgate guidelines allowing the use of marketable oxygen credits from fuels with higher oxygen contents than required to offset the sale or use of fuels with lower contents than required. Waives the oxygenated fuel requirement upon a demonstration that the use of such fuels would prevent or interfere with an area's attainment of a standard for any other air pollutant. Requires persons selling oxygenated fuel to label the fuel dispensing system accordingly. Sets forth requirements parallel to those for ozone nonattainment areas for: (1) permit programs and emissions offsets in Severe areas; (2) persons owning or operating more than 15 vehicles in such areas; and (3) funding for transportation planning. Provides for a $5 per vehicle annual registration fee in such areas. Makes registration revenues available to the State air pollution control agency for developing carbon monoxide emissions reduction strategies. Sets forth requirements parallel to those for ozone nonattainment areas for noncompliance procedures and State demonstrations. Provides for the implementation of an incentives program to reduce vehicle miles traveled in Severe areas if milestones or demonstration requirements have not been met. Provides for reclassification and plan revision procedures parallel to those required for Severe and Extreme ozone nonattainment areas. Title IV: Provisions Applicable to PM 10 Nonattainment Areas - Classifies PM 10 nonattainment areas as Serious or Severe. Sets forth attainment dates of four and eight years after this Act's enactment, respectively, for Serious and Severe areas. Directs the Administrator to publish PM 10 concentration milestones for Severe areas to require a 50 percent reduction in concentrations within four years of this Act's enactment. Sets forth requirements parallel to those for ozone and carbon monoxide nonattainment areas for: (1) State plan revisions, content, approval, and auditing; and (2) permit programs for Serious and Severe areas. Requires permits for the operation of: (1) certain existing sources in Severe areas; and (2) new, modified, and existing sources of PM 10 precursors where such emissions contribute significantly to PM 10 concentrations in nonattainment areas. Sets forth requirements parallel to those for ozone and carbon monoxide nonattainment areas for noncompliance, State demonstrations, reclassifications, and plan revisions. Allows States which have submitted plan revisions for Severe areas to apply for a two-year extension of the attainment date. Provides that three to one offset requirements shall not apply to areas granted such extensions. Waives any PM 10 requirements if determined that anthropogenic sources of PM 10 do not contribute significantly to the violation of the PM 10 standard in the area. Directs the Administrator to: (1) list all important categories of PM 10 emissions and precursors; and (2) publish biennial guidelines concerning the best available control technology for PM 10 emissions from stationary sources in the highest priority group. Requires the Administrator to promulgate regulations for PM 10 emissions reduction from existing diesel buses in Severe areas to require the use of lower polluting fuels. Requires State plans to include annual PM 10 emissions inventories to be submitted to the Administrator. Provides for revisions of such plans if air quality standards are modified. Requires plans to contain measures to improve the ambient monitoring of PM 10. Title V: Mobile Sources - Sets standards for emissions of hydrocarbons, oxides of nitrogen, carbon monoxide, and particulates from: (1) passenger cars and light duty trucks manufactured after 1991; and (2) heavy duty trucks and buses manufactured after 1990. Directs the Administrator to promulgate standards for vehicles using low-emissions fuel. Requires the Administrator to evaluate and, if necessary, revise such standards at least every four years. Directs the Administrator to establish a minimum percentage of new motor vehicles to be certified as low-emissions vehicles. Requires the Administrator to promulgate emissions standards for internal combustion engines used in any vehicle or machine manufactured after January 1, 1993. Requires such standards to be proportional to those for motor vehicle engines of comparable horsepower using the same fuel. Directs the Administrator to add an idle test to the Federal Test Procedure for emissions from light duty vehicles manufactured after 1991. Permits only ten percent of vehicles manufactured after 1990 in a selective enforcement audit to fail motor vehicle testing. Requires the Administrator to review and revise, as necessary, testing regulations to insure that vehicles are tested under circumstances reflecting actual current driving conditions. Requires each vehicle and engine to comply with the applicable emissions standard (Current law permits averaging). Provides that the useful life of vehicles and engines manufactured after 1994 shall be ten years or 100,000 miles. Makes technical amendments to prohibitions on tampering with vehicle emission control devices. Directs the Administrator to require the use of best available technology to control evaporative emissions from motor vehicles for a vehicle's useful life. Sets standards for emission of hydrocarbons, carbon monoxide, and evaporative hydrocarbons from motorcycles manufactured after 1991. Requires the installation of onboard emission diagnostic equipment on motor vehicles. Directs the Administrator to: (1) promulgate regulations to reduce evaporative emissions from motor vehicle fuels; and (2) establish a standard for gasoline volatility. Requires new light duty motor vehicles manufactured in the second year after standards are promulgated to be equipped with onboard evaporative emissions control systems. Provides for carbon monoxide emissions testing at 20 degrees Fahrenheit of passenger cars and light duty trucks manufactured after model year 1992. Sets emissions standards at such temperature. Title VI: Miscellaneous Provisions - Requires the Administrator to establish requirements to control air pollution from Outer Continental Shelf sources. Authorizes States adjacent to such sources to submit to the Administrator procedures for enforcing such requirements. Directs the Administrator to delegate enforcement authority to States with adequate procedures. Authorizes the Administrator to substitute maximum allowable increases in particulate matter smaller than or equal to ten micrometers (PM 10) for maximum allowable increases in such matter specified under the Clean Air Act. Authorizes the Administrator to: (1) treat Indian tribes as States under the Clean Air Act; (2) delegate to such tribes primary responsibility for assuring air pollution control; and (3) provide such tribes grant and contract assistance to carry out such functions. Outlines requirements for such authorization. Authorizes the Administrator to promulgate other means for administering such authorities where such treatment is inappropriate. Directs the Administrator to list nonattainment areas for air pollutants other than those covered by this Act when a new or revised air quality standard is promulgated. Applies the PM 10 standards, excepting attainment deadlines and provisions relating to diesel buses, to such areas. Requires the Administrator to make information regarding emissions control technology available to States and the public through a central database. Repeals provisions concerning enforcement orders and violations by owners or operators of major stationary sources. Requires States to submit plan revisions for nonattainment areas failing to meet attainment deadlines for air pollutants other than those covered by this Act. Requires new or modified sources of such pollutants to comply with provisions of this Act and applies an emissions offset ratio of three to one to such pollutants. Directs the Administrator to conduct biennial audits of motor vehicle inspection and maintenance programs in Severe or Extreme ozone or carbon monoxide nonattainment areas. Increases and expands the scope of penalties and violations of the Clean Air Act. Authorizes appropriations for FY 1990 through 1994.
United States · United States Congress · 11 May 1989
Low-Income Housing Credit Act of 1989 - Amends the Internal Revenue Code to make permanent the low-income housing income tax credit (under current law the credit will expire after tax year 1989). Permits States a one-year carryover of unused credit authority. Assigns carryovers to the Secretary of Housing and Urban Development to allocate to eligible States applying for excess credit. Allows the credit only if an extended low-income housing commitment (beyond the current 15-year period) is in effect with respect to any building for the relevant taxable year. Describes procedures to effect transition to a non-low-income use in connection with such extensions. Permits the credit in connection with the acquisition of an existing building only if the taxpayer incurs rehabilitation expenditures of at least $3,000 per unit. Revises rent restrictions to: (1) declare unnecessary a required rent reduction below the initial rent if the median gross income of the area decreases; (2) permit higher rent if units are occupied by higher income individuals and the project has an operating deficit; (3) base income limitations on the number of bedrooms in a unit; and (4) use State median gross income in certain low-income housing status determinations. Broadens categories of existing buildings eligible for a waiver of the ten-year requirement for the low-income housing credit. Revises credit provisions relating to single-room occupancy units and special needs housing. Loosens restrictions that limit credit benefits in connection with buildings financed with tax-exempt bonds and below market loans. Permits the credit to be allocated: (1) on a project basis; and (2) in connection with owner-occupied buildings of four units or less if a development plan is submitted. Directs housing credit agencies to adopt plans for allocating credit amounts among projects, prohibiting the credit with respect to any building not included in such a plan. Modifies at-risk rules in connection with buildings subject to the historic rehabilitation credit and those associated with financing provided by certain nonprofit organizations. Sets the tax credit rate on a semiannual rather than monthly basis. Increases the credit in connection with buildings in high cost areas (low-income census tracts or difficult development areas).
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
Workforce 2000 Employment Readiness Act of 1989 - Directs the Bureau of Labor Statistics (BLS) to publish reports, including interim reports, on the following employment data: (1) the total number of persons in an occupation group and in the labor force; and (2) the number of such persons, by sex, who are members of each race and ethnic category defined in Directive 15 of the Office of Management and Budget. Requires: (1) one report showing employment data for each occupation group and its hiring area as of April 1, 1990; and (2) further reports with such data as of each tenth year thereafter and any other year in which a mid-decade census is taken. Sets forth requirements for interim reports including deadlines. Requires such reports to include data quality reliability evaluations and recommended improvements. Directs the BLS to publish a biennial survey of compensation of workers, based on data from a representative sample of establishments, by each occupation group and hiring area for that group, broken down by the specified ethnic, racial, and gender categories. Requires each employer to maintain such compensation and other employment records, by employee, as the Secretary of Labor determines are necessary to carry out this Act. Requires maintenance of such records for five years after they are created, unless pending litigation or administrative proceedings require otherwise. Directs the Secretary of Labor to require such records to be maintained by the occupation group and hiring area categories established by the BLS and by the race, ethnic, and sex categories used for the required reports. Authorizes the BLS to require any person or governmental entity to furnish, onsite or offsite, the data and information the BLS needs to carry out its functions under this Act. Makes individually identifiable data and information furnished for such purpose confidential, not to be used for other purposes, and not subject to compulsory process. Sets penalties of fines or imprisonment for failure to keep or provide such data and information. Sets a deadline by which the Bureau of the Census must provide census data necessary for the BLS to perform its functions under this Act. Directs the BLS to establish an advisory council to advise on the implementation of BLS functions under this Act. Terminates such council seven years after its establishment. Directs the Secretary of Labor to report annually to the Congress on implementation of such BLS functions. Requires employers in specified categories covered by this Act to report to an entity jointly designated by the Equal Employment Opportunity Commission (EEOC) and the Assistant Secretary of Labor for Federal Contract Compliance specified employment information relating to affirmative action programs and goals. Requires all employers with 50 or more employees to report such information annually. Requires Federal contractors or subcontractors with more than 50 employees and with contracts, subcontracts, or purchase orders above a specified amount to report additional information annually. Requires construction contractors or subcontractors with ten or more employees and with a Federal or federally-assisted contract or subcontract above a specified amount to report additional information on skilled craft employees monthly. Substitutes such reports for any required under a specified program, Federal regulations, Executive Order 11246, or title VII of the Civil Rights Act of 1964. Directs the Assistant Secretary of Labor for Federal Contract Compliance to: (1) conduct random and systematic audits of such reports; (2) develop and maintain a current list of all contractors required to file them; and (3) report annually to the Congress an analysis of the overall trends they reflect. Requires such report to assess progress of the agency in creating employment opportunities for minorities, women, handicapped individuals, and Vietnam-era veterans. Establishes in the Treasury the Education Improvement Fund. Directs each contracting Federal agency, upon the transfer of any amount of money to a recipient under a contract or other arrangement to which Executive Order 11246 requirements apply, to deduct five-thousandths of such amount and transfer it to the Fund. Reduces such deduction by half in the case of a small business. Provides for reductions of such deduction by the amount contributed by a recipient to programs serving the same purposes as those supported by the Fund. Provides for the allocation of appropriations from the Fund among specified educational programs and activities. Establishes an Advisory Board of the Education Improvement Fund to advise the Secretary of Education with respect to the use of funds for grants to higher education institutions, local education agencies, State education agencies, and vocational education institutions. Directs the Board to: (1) recommend general policies and oversee program operations; (2) appoint panels of distinguished academic scholars to select grant recipients; and (3) report to the Congress at least once every three years on appropriate program modifications. Establishes the Office of the Director of the Fund in the Department of Education. Directs the Secretary of Education to award grants to higher education institutions for undergraduate and graduate scholarships to talented and needy students from underrepresented racial, ethic, or gender groups for career preparation in fields in which they are underrepresented. Limits such grants to one academic year of study and renewal of them to a total period not to exceed five years of undergraduate study and five years of graduate study. Directs the Secretary to give special consideration to awarding grants to historically black colleges and universities, traditionally black higher education institutions, institutions with significant minority populations, and historically female higher education institutions. Requires exclusive use of grant funds for direct scholarship aid to eligible students. Directs the Secretary to award grants to State education agencies, local education agencies, and vocational institutions for more effective programs of instruction for educationally disadvantaged children belonging to specified underrepresented racial, ethnic, and gender groups. Requires use of such grants to strengthen academic skills of such children and prepare them to enter postsecondary programs in fields in which their group is underrepresented and there is a national need. Earmarks certain grant funds also for specified teacher training and retraining programs. Limits grants to one school year of study, with possible annual renewals. Sets forth application and selection requirements. Directs the Secretary to give special consideration to State and local educational agencies in which there is a student population of more than 50 percent educationally disadvantaged children. Requires grant funds to be used for: (1) innovations and improvements in instruction for educationally disadvantaged children from the underrepresented groups; (2) early identification and recruitment of minority and female students to enter fields requiring substantial preparation in mathematics and science, the teaching profession, and other technical fields determined by the Board; (3) assessment of need for minority teachers and planning for current and projected minority teacher shortages; (4) incentive payments to teachers, to encourage minority teacher recruitment and teacher training and retraining in designated fields; (5) midcareer minority entry or reentry into teaching; and (6) workforce development centers composed of consortia of various entities to update teacher skills and prepare underrepresented students for careers in targets areas. Sets forth requirements for preaward review of Federal contractors, applicable in lieu of specified certificates of merit under Executive Order 11246. Prohibits a Federal agency from awarding or otherwise entering into a contract to which the requirements of Executive Order 11246 apply unless the Assistant Secretary of Labor for Federal Contract Compliance has, within the past two years, conducted and approved a preaward review of each pertinent contractor whose contract or subcontract is of a value of $5,000,000 of more. Authorizes the Assistant Secretary to require a preaward review for any other contractor. Authorizes the Assistant Secretary to grant waivers of the preaward review upon certification of the head of the contracting agency that national security and urgent and compelling circumstances require such waiver. Directs the Assistant Secretary to give notice of failure to approve a preaward review to all interested parties. Sets forth a protest procedure for interested parties denied a contract. Provides for administrative enforcement by the Secretary of Labor or the EEOC of this Act and related Executive Orders. Requires treble damages in cases of retaliation for filing a complaint. Requires cancellation, termination, or suspension of the relevant contract or part in cases of repeated failures to comply with an Executive Order or to provide required data. Sets forth civil penalties for violations and provides for judicial review of orders. Prohibits retaliation, including malicious interference with future employment, or discrimination against anyone filing a complaint under these provisions for administrative enforcement. Allows private persons to bring civil actions to obtain appropriate relief, including any relief which would be required by an administrative enforcement order, if they are harmed by a violation of specified Federal laws or orders. Allows the actions against Secretary of Labor to enforce this Act or Executive Order 11246 by any member of the labor force who belongs to a described ethnic, racial, or gender category that is underrepresented in an occupational group in the most recent BLS report. Directs the Secretary to conduct reviews and enforcement in accordance with published rules. Authorizes the Secretary to intervene as a party in such civil actions. Declares that this Act does not affect the availability of any other State or Federal remedies, except that commencing a civil action under this Act bars an individual from commencing one under title VII of the Civil Rights Act of 1964 with respect to the same claim. Directs the Secretary of Labor to coordinate administration of this Act with the contract compliance requirements of State and local government. Prohibits employers from passing through to the Federal Government specified costs incurred under this Act. Establishes the Office of the Assistant Secretary of Labor for Federal Contract Compliance. Vests the functions of the Office of Federal Contract Compliance Programs in such Assistant Secretary. Gives the force and effect of law to specified portions of Executive Order 11246, and related regulations, which mandate enforcement of nondiscrimination and affirmative action requirements in Federal contracts through the Department of Labor's Office of Federal Contract Compliance Programs. Prohibits modification or abrogation of such portions of that order and such regulations except by Act of Congress. Provides that any provision of such order or regulations inconsistent with this Act shall have no further force or effect to the extent of that inconsistency. Directs the Secretary of Labor, within 90 days, to report to the Congress a schedule for implementation of data collection and employer reports provisions of this Act. Requires full implementation within four years, except as otherwise provided. Defines "employer" as defined under title VII of the Civil Rights Act of 1964, but also including any contractor with 15 or more employees.
United States · United States Congress · 3 May 1989
Law Enforcement National Labor-Management Relations Act - Declares it to be the policy of the United States to recognize the rights of law enforcement officers employed by States, local governments, and territories and possessions of the United States to organize and bargain collectively. Establishes procedures for settlement of disputes between such employees and their employers. Sets forth the rights of such officers as employees and the rights of their employee organizations. Obliges each such employee to pay a representation fee to the exclusive representative if it has been recognized for the employees in an appropriate collective bargaining unit. Sets forth procedures for such recognition and exclusive representation. Sets forth an impasse procedure. Provides for appointment of an arbitration panel. Sets forth provisions for: (1) hearing before arbitration panels; (2) records, transcripts, and decisions; (3) awards and enforcement; and (4) arbitration costs. Sets forth unfair labor practices which are unlawful for an employer or an employee organization or exclusive representative to commit. Sets forth the nature of the duty to bargain. Empowers the Federal Labor Relations Authority to prevent any person from engaging in any unfair labor practice enumerated under this Act. Sets forth complaint procedures. Sets forth a no strike provision. Prohibits any law enforcement officer or exclusive representative from engaging in a strike or inducing, encouraging, or condoning any strike, work stoppage, slowdown, or withholding of services by law enforcement officers. Sets forth this Act's relation to other laws. Makes this Act, with a specified exception, the exclusive method for regulating the relationship between employers and their law enforcement officer employees in regard to all matters covered by the Act, preempting any provision of any Federal, State, or local law which is inconsistent with it. Allows any State, city, or territory or possession of the U.S. which establishes a system substantially equivalent to the one established by this Act to apply to the Secretary of Labor for an exemption from it. Provides for judicial review of the Secretary's determinations of such exemptions. Provides that, except as otherwise expressly provided in this Act, nothing in it shall be construed to annul, modify, or preclude the renewal or continuation of any lawful agreement entered into before enactment of this Act between an employer and an employee organization covering the terms and conditions of employment and related matters of mutual concern.
United States · United States Congress · 3 May 1989
Firefighter National Labor-Management Relations Act - Establishes within the Department of Labor the Firefighters National Labor-Management Relations Commission. Grants firefighters the right as employees to: (1) form, join, or assist employee organizations; (2) participate in collective bargaining with employers through representatives of their own choosing; and (3) engage in other activities, individually or in concert, to establish, maintain, or improve terms and conditions of employment and other matters of mutual concern relating thereto. Grants firefighter employee organizations the right to: (1) have access at reasonable times to areas in which employees work, use the employer's bulletin boards, mailboxes, and other communication media, use the employer's facilities at reasonable times for meetings concerned with the exercise of the rights guaranteed by this Act; and (2) have deducted from the salary of employees, upon receipt of an appropriate authorization form, an amount for membership fees and dues. Requires, if an exclusive representative has been recognized, each employee who is not a member of the organization to pay a representative fee in an amount equivalent to that share of dues, fees, or assessments paid by a member which are associated with the provision of exclusive representation by such organization. Requires employers to recognize an employee organization designated by the majority of employees as the exclusive bargaining representative of all the employees for collective bargaining purposes, unless the employer entertains a good faith doubt as to the validity or accuracy of the evidence demonstrating majority support in a unit, or as to the appropriateness of the claimed unit. Provides for investigations by the Commission whenever a petition is filed: (1) by an employer alleging a good faith doubt as to majority support in an appropriate unit, that a claimed unit is inappropriate, or that more than one employee organization claims to represent a substantial number of the employees in a bargaining unit; (2) by an employee organization alleging that 30 percent of the employees in a bargaining unit wish to be represented by it; or (3) by or on behalf of the unit alleging that the exclusive representative no longer represents a majority. Directs the Commission to provide for a hearing if a substantial question of representation exists and to direct an election if there is a controversy concerning representation. Directs the Commission to certify any employee organization which received a majority of votes in such election as the exclusive representative of such employees. Sets forth criteria to determine the appropriateness of a bargaining unit. Sets forth procedures for conduct of hearings, decisions, and review. Sets forth provisions for determinations as to outcome of elections. Provides that representatives selected by employees in a unit appropriate for collective bargaining purposes shall be the exclusive representative of all employees in such unit to bargain on wages, hours, and terms and conditions of employment. Grants individual employees or groups of employees the right at any time to present grievances to its employer and have them adjusted without the intervention of the bargaining representative as long as the adjustment is not inconsistent with the terms of the collective bargaining contract. Requires that the bargaining representative be given an opportunity to be present at such adjustment. Provides that any employee representative in existence on the date of enactment of this Act shall continue without the requirement of an election and certification until a question concerning representation is raised or the unit is found to be inappropriate. Prohibits any challenge to the appropriateness of the unit until expiration of any collective bargaining agreement in effect on the date of enactment of this Act. Sets forth an impasse procedure using an arbitration panel. Sets forth unfair labor practices by employers and by employee organizations. Provides that the duty to bargain collectively shall extend to matters which are or may be the subject of an enactment by a State or local government and that such duty includes the obligation of the employer to submit such agreement to the appropriate governmental body for legislative action if necessary. Empowers the Commission to prevent any person from engaging in any unfair labor practice. Imposes penalties for interference with the Commissioner. Provides for judicial enforcement and judicial review. Prohibits any firefighter or exclusive representative from engaging in a strike or inducing, encouraging, or condoning any strike, work stoppage, slowdown, or withholding of services by firefighters. Makes this Act the exclusive method for regulating the relationship between employers and their firefighter employees in regard to all matters covered herein. Preempts any provision of Federal, State, or local law inconsistent with this Act. Grants an exemption to make substantially equivalent State or local laws applicable.
United States · United States Congress · 3 May 1989
Idaho Wilderness Act - Designates the following lands in Idaho as components of the National Wilderness Preservation System: (1) the Salmo-Priest Wilderness in the Idaho Panhandle National Forest; (2) the Long Canyon-Selkirk Crest Wilderness in the Idaho Panhandle National Forest; (3) the Scotchman's Peak Wilderness in the Idaho Panhandle National Forest; (4) the Grandmother Mountain Wilderness in the Idaho Panhandle National Forest; (5) the Mallard-Larkins Wilderness in the Idaho Panhandle and Clearwater National Forests; (6) the Great Burn Wilderness in the Clearwater National Forest; (7) the Moose Mountain Wilderness in the Clearwater National Forest; (8) the Elk Summit Wilderness in the Clearwater National Forest; (9) the North Fork Clearwater Wilderness in the Clearwater National Forest; (10) the Lewis and Clark Wilderness in the Clearwater National Forest; (11) the Rapid River Wilderness in the Payette National Forest; (12) the Pot Mountain Wilderness in the Clearwater National Forest; (13) the Snowbank Mountain Wilderness in the Payette and Boise National Forests; (14) Payette Crest and Salmon River Breaks of the South Fork of the Salmon River Wilderness in the Payette National Forest; (15) the French Creek/Patrick Butte Wilderness in the Payette National Forest; (16) the Peace Rock Wilderness in the Boise National Forest; (17) the Deadwood River Wilderness in the Boise National Forest; (18) the Breadwinner Wilderness in the Boise National Forest; (19) the Lime Creek Wilderness in the Boise National Forest; (20) the Red Mountain Wilderness in the Boise National Forest; (21) the Sawtooth Completion Wilderness in the Boise, Sawtooth, and Challis National Forests; (22) the Smoky Mountain Wilderness in the Boise and Sawtooth National Forests; (23) the Trinities Wilderness in the Boise National Forest; (24) the Danskin-South Fork Boise River Wilderness in the Boise National Forest; (25) the Pioneer Wilderness in the Sawtooth and Challis National Forests; (26) the Cache Peak Wilderness in the Sawtooth National Forest; (27) the Boulder-White Clouds Wilderness in the Sawtooth and Challis National Forests and the Salmon District; (28) Borah Peak, King Mountain, and the Pahsimeroi Mountains of the Lost River Wilderness in the Challis National Forest; (29) the North Lemhi's Wilderness in the Salmon and Challis National Forests; (30) the Diamond Peak Wilderness of the Targhee, Salmon, and Challis National Forests; (31) the Winegar Hole Wilderness of the Targhee National Forest; (32) Anderson Mountain and Garfield Mountain of the Continental Divide Wilderness in the Salmon and Targhee National Forests; (33) West Bigholes, Italian Peaks, Centennials, and Lionhead of the Great Divide Wilderness in Targhee, Salmon, and Challis National Forests; (34) Garns Mountain, Palisades, Bear Creek, Caribou, and Poker Peak of the Greater Palisades Wilderness of Targhee and Caribou National Forests; and (35) the Cache Crest Wilderness, Mt. Naomi Wilderness, and Stump Creek Wilderness of the Caribou National Forest. Permits livestock grazing in the North Lemhi's Wilderness. Provides that the RARE II (second roadless area review and evaluation final environmental statement (dated January 1979) with respect to national forest system lands in Idaho shall not be subject to judicial review. Releases national forest system lands in Idaho which were reviewed in the RARE II program from further review by the Department of Agriculture, pending the revision of initial national forest management plans. Releases lands in Idaho reviewed in the RARE II program and not designated as wilderness from management as wilderness areas. Prohibits the Department of Agriculture from conducting any further statewide roadless area review and evaluation of national forest system lands in Idaho without express congressional authorization.
United States · United States Congress · 2 May 1989
Commission on the Mississippi River National Heritage Corridor Act of 1989 - Establishes the Commission on the Mississippi River National Heritage Corridor to investigate and make recommendations regarding: (1) the creation of a Mississippi River National Heritage Corridor, to run through Arkansas, Illinois, Iowa, Kentucky, Louisiana, Minnesota, Mississippi, Missouri, Tennessee, and Wisconsin; and (2) other issues affecting the growth and development of the Corridor. Terminates such Commission 90 days after submission of a specified report. Authorizes appropriations.
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
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
Consumer Telecommunications Services Act of 1989 - Amends the Communications Act of 1934 to authorize a telephone operating company or its affiliate to: (1) provide information services, including electronic publishing; and (2) manufacture and provide telecommunications equipment and customer premises equipment, notwithstanding any current restriction or obligation imposed by antitrust laws on the lines-of-business in which a telephone operating company or its affiliates may engage. Prohibits any telephone operating company (TOC) or its affiliate which is engaged in the provision of information services from failing to provide: (1) to other information service providers, opportunities for interconnection (for information services) to the telephone exchange facilities of such company which are comparable and which comply with all necessary regulations prescribed by the Federal Communications Commission (FCC); or (2) common carriage for the delivery of information services. States that any common carriage regulations prescribed by the FCC shall not relieve a TOC of the obligation to comply with certain orders or any additional regulations prescribed by the FCC concerning open network architecture plans and related requirements. Prohibits any TOC from engaging in electronic publishing in any State using such company's exchange service facilities unless the Commission determines that such TOC does not exercise monopoly control over electronic publishing services in that State. Outlines factors to be considered for the making of such a determination. Prohibits a TOC which has been permitted to commence electronic publishing pursuant to a determination by the FCC from updating information provided by any electronic yellow pages service in any State more frequently than once per month during the first two years after such TOC: (1) establishes an information services gateway system in such State; and (2) commences the provision of electronic yellow pages services using such gateway system. Provides certain exemptions from such prohibitions. Directs the FCC to consult with the Secretary of Commerce and the Attorney General in prescribing regulations to carry out the information services provisions of this Act, but to maintain the exclusive authority to prescribe such regulations. States that such regulations shall supersede all earlier regulations with respect to the provision of information services by TOCs. Prohibits a TOC that is engaged in the business of manufacturing and providing telecommunications equipment and customer premises equipment from failing to provide to other telecommunications equipment manufacturers opportunities to sell such equipment to such TOC which are comparable to the opportunities which the TOC provides to itself or any of its affiliates. Requires any such TOC to comply with all regulations prescribed by the FCC with regard to such telecommunications equipment manufacturers. Requires the FCC to ensure that: (1) manufacturing by a TOC will not harm either competition among manufacturers of telecommunications equipment in the United States or the customers of such telephone exchange services; and (2) the methods by which such companies are required to provide comparable opportunities to other telecommunications equipment manufacturers to sell such equipment to such company are consistent with the public interest. Directs the FCC to consult with the Secretary of Commerce and the Attorney General in prescribing regulations regarding telecommunications equipment manufacturers under this Act, but to maintain exclusive authority to prescribe such regulations. States that such regulations shall supersede all earlier regulations with respect to the manufacture or provision of telecommunications equipment by TOCs. Requires a TOC: (1) to comply with regulations as prescribed by the FCC concerning limitations on the disclosure of customer proprietary network information to any information service personnel of such TOC or its affiliate; (2) to disclose such information, upon request by the customer, to an information service provider designated by the customer; and (3) if such company provides such information to information service personnel of such TOC, to provide such information on the same terms and conditions to any other information service provider upon reasonable request. Prohibits any TOC engaged in either the provision of information services or the manufacture and provision of telecommunications equipment and customer premises equipment under this Act from failing to establish and administer a cost allocation system which effectively prevents the cost of providing such services or manufacturing such equipment from being subsidized by telephone exchange services, or vice versa. Directs the FCC to establish regulations regarding such cost allocation systems. Outlines requirements to be contained in such regulations and provides specific costs which must be included in the cost-allocation system used by such TOCs. Requires the FCC to ensure that economic risks of lines of business of TOCs are not borne by telephone exchange service ratepayers in the event of a business failure. Prohibits the collection of debt from a TOC engaged in the provision of telephone exchange services for a debt incurred by such TOC in its information services division or its manufacturing division. Directs the Commission to prescribe regulations governing the accountability for the transfer of assets between a telephone operating company and its affiliates. Empowers the FCC with the authority to regulate TOCs to carry out this Act. Requires each TOC engaged in any line of business authorized by this Act to comply with certain annual audit requirements. Directs the FCC to adopt rules providing for an expedited review of complaints alleging discriminatory interconnection in violation of the Communications Act of 1934. Provides time constraints for such expedited review. Provides rules of construction concerning the effect of the provisions of this Act on cable television restrictions, State law concerning the regulation of intrastate communication service, and interexchange restrictions.
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
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
Jefferson National Expansion Memorial Amendments Act of 1989 - Amends Federal law to eliminate acreage limitations on the expansion of the Jefferson National Expansion Memorial in East Saint Louis, Illinois. Authorizes the acquisition of Illinois State lands through means other than by donation. Repeals the requirement for the Secretary of the Interior's approval of a development and management plan for the East Saint Louis, Illinois, portion of the Memorial. Authorizes appropriations.
United States · United States Congress · 13 April 1989
Prohibits U.S. military or security assistance to Zaire under the Arms Export Control Act or the Foreign Assistance Act of 1961. Limits U.S. economic assistance to Zaire under the Foreign Assistance Act of 1961 and the Agricultural Trade Development and Assistance Act of 1954 to assistance that benefits the majority, is for humanitarian purposes, and is channeled through private and voluntary organizations. Authorizes the President to suspend or modify any prohibition or limitation under this Act 30 days after the President determines, and notifies specified congressional committees, that the Government of Zaire has made progress towards fulfilling certain human and political rights. Requires the U.S. representatives to international financial institutions to raise the issues of human rights violations and misuse of funds in Zaire.
United States · United States Congress · 13 April 1989
United States Peace Tax Fund Act - Amends the Internal Revenue Code to establish in the Treasury the United States Peace Tax Fund (Fund) to receive payments designated on the tax returns of qualified individuals to be used for nonmilitary purposes. Directs the Secretary of the Treasury to report annually to the Congress on amounts transferred into the Fund. Requires the information to be printed in the Congressional Record. Permits conscientious objectors to designate on their income tax returns that any tax liability be paid into the Fund. Makes this designation procedure available to any individual who has demonstrated himself or herself, by reason of religious training and belief, to be opposed to participation in war in any form. Requires that each publication of general instructions accompanying income tax returns include specified information about the Fund, including the purposes of the Fund and the criteria governing one's eligibility to designate tax payments for it. Requires every taxpayer who makes such a designation for any taxable year to file a questionnaire return for the purpose of determining whether the taxpayer is an eligible individual. Permits the setting aside of criminal or civil penalties imposed upon a taxpayer for nonpayment of tax prior to 1990 if the taxpayer pays the tax due (with interest) and establishes to the satisfaction of the Secretary of the Treasury that the nonpayment was due to religious beliefs. Authorizes corresponding procedures in connection with estate and gift tax payments, under conditions prescribed by the Secretary of the Treasury. Directs the Comptroller General to determine the percentage of actual appropriations made by the United States from the Federal budget during the preceding year for military purposes. Requires publication of this information in the Congressional Record. Establishes a United States Peace Tax Fund Board of Trustees to distribute funds for eligible nonmilitary activities and research. Directs the Board to publish regulations to govern applications for funds. Authorizes appropriations.
United States · United States Congress · 12 April 1989
Basic Health Benefits for All Americans Act - Title I: Amendments to Public Health Service Act - Amends the Public Health Service Act to add provisions which require each employer to enroll each of its employees and their families in a health benefit plan. Makes State and local employers which do not so enroll their employees and their families ineligible to receive grants, contracts, loans, or loan guarantees under such Act. Title II: Amendments to Fair Labor Standards Act of 1938 and Employee Retirement Income Security Act of 1974 - Amends the Fair Labor Standards Act of 1938 to add provisions which require each employer to enroll each of its employees and their families in a health benefit plan. Amends the Employee Retirement Income Security Act of 1974 (ERISA) regarding supersedure of State laws relating to contracts or policies of insurance issued to or under a health benefit plan under title III of this Act. Title III: Requirements for Health Benefit Plans for Employees and Their Families - Subtitle A: Requirement and Definitions - Applies this title to employers required to enroll employees in health benefit plans under certain provisions of the Public Health Service Act or the Fair Labor Standards Act of 1938. Requires each small and certain large employers to use a regional insurer, subject to certain exceptions and conditions. Requires that enrollment of an employee in a health benefit plan under this title includes enrollment of the employee's family in the plan. Prohibits the employee from waiving personal or family enrollment. Provides exceptions: (1) to avoid duplicate family coverage; and (2) in the case of multiple employers. Prohibits employers from discriminating against any individual because such individual has a spouse or child required under this title to be enrolled in a health benefit plan. Subtitle B: Requirements for Health Benefit Plans - Sets forth general requirements for plans. Permits a health benefit plan to be considered as meeting such requirements provided the actuarial benefits under the plan are not less than would have applied if the plan met the requirements of this subtitle. Sets forth minimum requirements, including a limit on out-of-pocket expenses. Mandates inclusion of certain mental health benefits. Directs the Secretary of Health and Human Services to: (1) establish an advisory board to advise the Secretary on development of actuarial equivalency standards; and (2) publish, at least three months before the effective date of this Act, a table of actuarial equivalency describing as many variations as feasible. Declares a plan using variations not included in the table to be in compliance with this Act if it meets certain requirements. Directs the Secretary to establish streamlined procedures regarding employers with multiple plans. Allows new small businesses to use a tailored health benefit plan, as defined in this title. Specifies benefits which a plan must provide, including inpatient and outpatient hospital care and physician services, tests, prenatal and well-baby care, and inpatient and outpatient care for mental disorders. Prohibits placing limits on the amount, scope, or duration of benefits for hospital care, physician services, or tests, but allows plan limits on prenatal and well-baby care under regulations prescribed by the Secretary. Declares that nothing in this Act: (1) prohibits a health plan from providing benefits through a panel or other form of managed care system or establishing a different level of payments for reimbursement for different health care providers furnishing benefits; or (2) requires a plan to use a provider to provide benefits provided before the effective date of this Act other than the providers being utilized by the plan on that date or make payments to any provider that is excluded from participation in any Federal health care program. Allows an insurer to establish a fee schedule or other basis of payment that is different from actual charges if the schedule meets certain requirements. Specifies requirements regarding the date of initial coverage. Prohibits pre-existing condition provisions. Provides special requirements regarding certain part-time employees. Allows a plan to require an employee to pay for premiums, deductibles, copayments, and coinsurance not to exceed certain limits. Provides for adjustments for covered spouses with other coverage and for employed retirees. Requires each employer with an employee whose hourly wage is less than a specified amount to offer each such employee at least one plan that does not require a premium for the employee. Prohibits State laws from preventing employers from using payroll withholding for premiums due by employees. Sets forth special rules for the calculation of premiums for part-time employees. Sets limitations on: (1) deductibles, to be increased for increases in the consumer price index; (2) copayments and coinsurance, subject to exception; and (3) out-of-pocket expenses. Subtitle C: Certification of Regional Insurers - Directs the Secretary of Health and Human Services (Secretary) to designate six to eight health insurance regions and to establish procedures for the periodic certification of insurers for each region. Sets forth certification eligibility requirements. Specifies requirements for application for and consideration of applications for such certification. Directs the Secretary to periodically evaluate the performance of regional insurers and, under certain circumstances, allows the Secretary to terminate the certification of the insurer. Allows the Secretary, if the Secretary determines that there is a failure of competition among regional insurers in the region and that other conditions are met, to restrict certification, based on a competitive bidding or other system, to those qualified insurers which offer plans at lower rates. Sets forth requirements regarding the types of plans each regional insurer must offer. Requires each regional insurer to fix premiums under a community rating system. Prohibits adjustment of such premiums based on age, gender, other factors relating to the projected or actual use of services, or, subject to exception, on geographical location within the region. Permits regional insurers to enter into subcontracts. Directs the Secretary to encourage regional insurers to enter into arrangements with entities representing groups of small businesses for the provision of administrative services. Requires such insurers to reduce the premiums charged by an amount which reflects the value of such services. Directs the Secretary to provide technical assistance to employers, utilizing to the maximum extent feasible entities with experience in providing health insurance services to small businesses. Subtitle D: Regulations and Enforcement - Directs the Secretary to promulgate rules to carry out this title by specified deadlines. Provides for civil penalties for any nongovernmental employer who does not comply with certain provisions of this Act. Makes nongovernmental employers who knowingly fail to comply with certain provisions of this Act liable for damages, including health care costs incurred, to the employee or the employee's family. Allows any individual injured, adversely affected, or aggrieved by violation of certain requirements of this Act to bring an action for injunctive relief. Subtitle E: Small Business Subsidy - Directs the Secretary of Labor to provide for payment to a small employer, whose compliance cost exceeded a specified percentage of the employer's gross revenues, of 75 percent of such excess. Allows adjustments for industries for which the specified percentage is not an appropriate measure of the financial burden of providing the insurance. Title IV: Assuring Provision of Health Benefits to Under-Poverty, Near-Poverty, and Other Individuals - Amends title XIX (Medicaid) of the Social Security Act to state that any plan approved under the title: (1) must offer, starting in 1991, benefits to under-poverty individuals; (2) may offer, starting in 1991, and must offer, starting in 1996, benefits to near-poverty individuals; and (3) may offer, starting in 1996, and must offer, starting in 1999, benefits to all other individuals not covered under a health benefit plan under title III of this Act. Requires the benefits under the State benefits program to be the same as required of health benefit plans under such title plus coverage for items and services relating to early and periodic screening and diagnosis of children under the age of 21. Prohibits the benefits from including any other items or services. Prohibits the imposition of premiums, deductibles, copayments, or cost-sharing on under-poverty individuals. Allows such features, subject to limitations, for near-poverty and other covered individuals. Makes an individual who is enrolled in a health benefit plan under title III of this Act ineligible for benefits under a State benefits program, but requires or permits a State program to pay part or all of the premiums, deductibles, and other cost-sharing imposed by a title III plan on an individual who is under or near poverty. Allows a State to require an under-poverty or near-poverty individual who is eligible for but not required to be enrolled in a health benefit plan to enroll in the plan, but only if the individual's premiums and out-of-pocket expenses will be no greater than if the individual had not been required to enroll. Requires the State to determine the eligibility of an individual within 30 days of application. Provides for enrollment periods and effective dates of coverage. Declares that an individual who is determined in a month to be eligible must remain eligible for not less than six months. Requires reimbursement for physician services furnished on or after January 1, 1991, and other items and services furnished on or after January 1, 1996, to be made at rates that are not less than the rates recognized for payment of such items and services under title XVIII (Medicare) of the Social Security Act. Directs the Secretary of Health and Human Services to provide for utilization and quality control peer review organizations under Part B (Peer Review) of such title. Requires the use of such clinical practice guidelines as the Secretary may develop in determining whether items and services are medically necessary. Prohibits a State from providing benefits through a plan that restricts the provider from whom an individual may obtain items and services unless the plan meets certain requirements. Requires each State to administer its benefits program, unless the State elects to have the Secretary do so and pays for such services. Specifies provisions of title XIX (Medicaid) of the Social Security Act which do not apply to the provisions of this title, including those relating to general comparability, payment rules, cost-sharing rules, general retroactive eligibility, transition rules, the State 209(b) section option, income limits, and lien provisions. Provides for the manner in which other specified provisions of such title shall be applied to the provisions of this title. Requires States that are operating under demonstration projects to meet the requirements of this title in the same manner as if the State had in effect a Medicaid plan. Applies this title only to the 50 States and the District of Columbia. Amends title XIX to declare that, notwithstanding any other Medicaid provision, with respect to benefits described in this title, effective January 1, 1991, the State Medicaid plan may not impose any limitations on the amount, duration, or scope for individuals eligible for Medicaid benefits who are not described in specified provisions of this title. Requires State Medicaid plans to provide for payment for items and services provided under this title on or after specified dates based on rates that are not less than the rates recognized under title XVIII (Medicare) of the Social Security Act. Authorizes a State Medicaid plan, at the State's option and notwithstanding any other Medicaid provision, to make medical assistance available with respect to prescribed drugs to individuals eligible to receive benefits under this title, provided other requirements are met. Title V: Effective Date for Titles I through III - Provides for the effective dates of titles I through III of this Act and transition rules for certain circumstances. Declares that no employer will be required under title III of this Act to provide any health benefit in addition to the benefits required to be provided by specified provisions of this Act unless: (1) such additional benefit is for a service which State Medicaid plans (under title XIX of the Social Security Act) are required to cover for certain individuals; and (2) before the enactment of such requirement, the benefits and costs of requiring the provision of such additional health benefit have been analyzed and considered by the Congress, according to certain procedures.
United States · United States Congress · 12 April 1989
Older Americans Child Care Employment Amendments of 1989 - Amends the Older Americans Community Service Employment Act to require the Secretary of Labor to enter into agreements with public or private nonprofit agencies or organizations for the conduct of no more than 100 experimental projects employing individuals who are age 55 or older in providing day care to children. Requires that such agencies or organizations: (1) receive one-third of their funding from non-Federal sources; (2) charge families a day care fee which is proportional to their financial resources; (3) provide day care in facilities other than private residences; and (4) be subject to the most comprehensive State licensing requirements or regulatory standards applicable to similar day care providers in the State. Prohibits the making of grants pursuant to this Act to more than two agencies or organizations in each State in any fiscal year. Authorizes appropriations for such projects.
United States · United States Congress · 12 April 1989
Provides an exemption from the reduction in retirement pay because of reemployment for Federal annuitants and former members of a uniformed service who become reemployed with a temporary position within the Bureau of the Census to assist in carrying out the 1990 decennial census.
United States · United States Congress · 12 April 1989
Directs the Secretary of Energy to provide for participation by businesses and other organizations controlled by socially and economically disadvantaged individuals in the development of the Superconducting Super Collider project.
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 · 12 April 1989
Community Housing Partnership Act - Title I: Housing Education and Organizational Support Grants for Community Based Housing Projects - Authorizes the Secretary of Housing and Urban Development to provide housing education and organizational support grants directly to nonprofit organizations or indirectly to States and cities to assist such organizations. Authorizes permanent appropriations beginning with FY 1989. Title II: Community Housing and Partnership Grants - Authorizes the Secretary to provide community partnership grants directly to nonprofit organizations or indirectly to States and cities to assist such organizations. Divides appropriations among: (1) urban community housing partnership grants; (2) State community housing partnership grants; and (3) direct community housing partnership grants. Sets forth the following eligible activities: (1) technical assistance and site control loans; (2) seed-money loans; (3) matching grants or loans; and (4) technical and management assistance for nonprofit sponsors. Sets forth rental project and home ownership eligibility provisions, including: (1) occupancy by lower income families; (2) profit limitations; (3) funding coordination; (4) tax treatment; and (5) affirmative action requirements. Authorizes permanent appropriations beginning with FY 1989. Title III: General Provisions - Defines specified terms for purposes of this Act.
United States · United States Congress · 12 April 1989
Amends Internal Revenue Code provisions relating to the new (section 89) nondiscrimination requirements for coverage and benefits under certain statutory employee benefit plans to: (1) exclude group health plans from the requirements; and (2) establish a separate framework for determining whether a group health plan discriminates in favor of highly compensated employees. Revises the income tax deduction for the health insurance costs of self-employed individuals to: (1) increase from 25 percent to 100 percent the allowable deduction; and (2) make the deduction permanent (under current law it will expire after tax year 1989).
United States · United States Congress · 11 April 1989
Amends Federal law relating to Interstate highway construction funds to provide that any State which voluntarily reduces the period of availability of apportioned funds for any fiscal year shall be ineligible to receive funds for the succeeding fiscal year.
United States · United States Congress · 5 April 1989
Amends the Federal Food, Drug, and Cosmetic Act to state that a food intended for human consumption shall be deemed misbranded unless it is labeled to show the amount of sodium and potassium it contains when in excess of a certain number of milligrams. Permits the Secretary of Health and Human Services to exempt a food from such requirement by requiring the information to be prominently displayed near its place of display or sale. Exempts from such labeling requirements any manufacturer of such foods whose total annual sales are less than a specified amount.
![Official portrait of Rep. Clay, William (Bill) [D-MO-1]](https://www.congress.gov/img/member/c000488_200.jpg)