Bill· HRH.R. 2548 (101st)referred
United States · United States Congress · 6 June 1989
Directs the Secretary of the Interior to establish the Laguna de Santa Rosa National Wildlife Refuge in Sonoma County, California. Requires the Secretary to implement a resource management plan for the Refuge. Directs the Secretary to enter into a memorandum of understanding with the Director of the California Department of Fish and Game to set forth the responsibilities of parties implementing the plan. Authorizes appropriations.
Resolution· HCONRESH.Con.Res. 141 (101st)open
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.
Bill· HRH.R. 2493 (101st)open
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.
Law· HJRESH.J.Res. 278 (101st)enacted
United States · United States Congress · 18 May 1989
Designates the period of November 20 through November 26, 1989, as National Adoption Week.
Bill· HRH.R. 2403 (101st)open
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.
Law· HJRESH.J.Res. 276 (101st)enacted
United States · United States Congress · 18 May 1989
Designates September 14, 1989, as National DARE (Drug Abuse Resistance Education) Day.
Bill· HRH.R. 2353 (101st)referred
United States · United States Congress · 16 May 1989
Amends the Internal Revenue Code to allow farmers' cooperatives to elect to treat as ordinary income or loss certain capital gains and losses from the disposition of assets used in conducting business with or for patrons.
Bill· HJRESH.J.Res. 269 (101st)referred
United States · United States Congress · 16 May 1989
Designates October 1 through October 7, 1989, as National Disability Awareness Week.
Law· HRH.R. 2358 (101st)enacted
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.)
Bill· HRH.R. 2323 (101st)open
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.
Bill· HJRESH.J.Res. 264 (101st)referred
United States · United States Congress · 10 May 1989
Constitutional Amendment - Repeals the 22d amendment to the Constitution (limitation on presidential terms).
Bill· HRH.R. 2269 (101st)referred
United States · United States Congress · 9 May 1989
Alternative Fuels Incentive Act of 1989 - Amends the Internal Revenue Code to permit an income tax credit for investments in qualified clean-burning (natural gas, liquefied petroleum gas, or alcohol) motor vehicle fuel property. Permits a 20 percent credit from 1990 through 1999, phasing out the credit in five percent increments annually thereafter to reach zero percent at the end of 2002. Applies the credit to depreciable property that is: (1) equipment designed either to modify a motor vehicle so that it will be propelled only be a clean-burning fuel or to assist in delivering such fuel into such vehicles; or (2) a motor vehicle propelled by clean-burning fuel. Authorizes the Secretary of the Treasury to make credit-equivalent payments to States and to local governments in connection with qualified property.
Bill· HRH.R. 2273 (101st)open
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.
Bill· HJRESH.J.Res. 260 (101st)referred
United States · United States Congress · 4 May 1989
Designates the week of May 29 through June 4, 1989, as National Polio Awareness Week.
Bill· HRH.R. 2257 (101st)open
United States · United States Congress · 4 May 1989
Potato Research and Promotion Act Amendments of 1989 - Amends the Potato Research and Promotion Act to subject imported potatoes to marketing assessments (on the same basis as domestic potatoes). Defines "importer" for purposes of such Act. Requires importers to: (1) pay the assessment to the Potato Promotion Board; and (2) maintain specified records. Makes potato marketing orders applicable to potatoes produced in the United States and abroad. Prohibits assessment refunds. Includes importers on the Potato Promotion Board. Exempts changes under this Act to potato plans from producer referendum requirements.
Bill· HRH.R. 2263 (101st)referred
United States · United States Congress · 4 May 1989
Long-Term Home Care Act of 1989 - Amends part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act to provide part A coverage of long-term home care furnished to chronically ill beneficiaries. Provides such coverage to otherwise uncovered chronically ill or disabled individuals who are age 65 or older and unable to perform at least two daily living activities. Amends title II (Old Age, Survivors and Disability Insurance) of such Act to cover, under part A of the Medicare program, long-term home care provided to children under age 19 who: (1) are chronically ill or disabled and unable to perform at least two daily living activities; or (2) require a medical device to compensate for the loss of a vital body function and substantial and ongoing nursing care to avert death or further disability. Holds monthly payments for the latter category of children to the amount which would be payable under the Medicaid program (title XIX of the Act) if such children were institutionalized. Limits monthly payments for other individuals to 65 percent of the average monthly Medicaid payment for full-time skilled nursing facility services if such individuals have a severe impairment and to 50 percent if they have a moderate impairment. Requires that long-term home care be provided pursuant to a written plan of care established, on the basis of an in-person assessment of the individual, and periodically reviewed by a trained case management team of a public or nonprofit private long-term care management agency and approved by the individual and the individual's physician. Lists the services which comprise long-term home care. Defines a "chronically ill individual" as an individual who requires assistance with at least two daily living activities or has a similar level of dependency due to cognitive impairment. Directs the Secretary of Health and Human Services to establish a prospective payment methodology and uniform national payment rates for long-term home care services. Provides that when expenditures for this Act's benefits exceed revenues raised pursuant to this Act, a copayment shall be imposed on long-term care, payment limits for such care shall be reduced, and prior surpluses shall be used to eliminate such deficit. Directs the Secretary to promulgate a long-term home care consumers' bill of rights which includes rights: (1) facilitating consumer participation in the planning and delivery of services; (2) requiring consumer notification regarding services, charges for services, and the termination or reduction of services; (3) protecting consumer dignity, privacy, and property; and (4) ensuring service from properly trained and competent individuals. Requires home health agencies to: (1) comply with the home care consumers' bill of rights and provide consumers with copies of such bill of rights; (2) implement prompt grievance review procedures and provide copies of such procedures to consumers; (3) ensure that each long-term home care provider whom they employ or have under contract receives training; and (4) evaluate annually and supervise each long-term home care provider whom they employ or have under contract. Conditions coverage of durable medical equipment services on providers: (1) issuing written instructions to and training the long-term home care consumer and staff in the operation of such equipment; and (2) formulating an emergency plan for providing services to the consumer. Requires long-term care management agencies to: (1) comply with the home care consumers' bill of rights and provide consumers with copies of such bill of rights; (2) implement prompt grievance review procedures and provide copies of such procedures to consumers; (3) provide consumers with schedules of the services to be provided; (4) provide consumers with statements on how to appeal agency benefit decisions; (5) maintain procedures assuring prompt access to long-term home care services; (6) ensure that case management personnel receive adequate training; and (7) establish and implement care management processes which include methods for measuring the progress of care and a statement of the criteria and procedures for the transfer or discharge of a consumer to another agency, program, or service. Directs the Secretary to establish procedures for conducting unannounced surveys of long-term care management agencies' compliance with Medicare participation conditions, with more frequent surveys required for agencies with poor compliance records. Authorizes the Secretary to contract with States having survey and enforcement procedures equivalent to those the Secretary would otherwise apply to conduct such compliance surveys and transmit their results to the Secretary annually. Directs the Secretary to develop procedures for reviewing State surveys. Directs the Secretary to promulgate regulations pursuant to which peer review organizations (PROs) shall monitor the provision of home health services and long-term home care, devoting at least 75 percent of their efforts to quality assurance. Requires the inclusion of: (1) both documentary review and personal interviews of home care consumers and providers in the PRO review process; and (2) representatives of home care providers and consumers in PRO membership. Requires the Secretary to establish a Consumer Board to oversee the review activities of PROs. Directs the Board to report to the Secretary and the State's chief executive on October 1 of each year regarding such review activities. Requires the Secretary to develop methods for monitoring continuity in the provision of home health care and outcome-oriented criteria for monitoring the quality of such care. Requires that PROs: (1) establish and operate statewide toll-free hotlines for receiving home care questions and complaints; and (2) assist consumers in resolving problems related to home care quality and case management services. Directs Consumer Boards and PROs to cooperate with State and local officials in educating consumers regarding quality assurance programs and the assistance available for consumers with quality assurance programs. Requires States to establish community advisory boards to monitor the activities of long-term care management agencies and annually report their findings to the Secretary. Requires the Secretary to: (1) develop a range of sanctions for, and procedures to implement such sanctions against, long-term care management agencies that fail to comply with this Act's requirements; and (2) report to the Congress on January 1 of each year regarding the availability, adequacy, and use of sanctions. Directs the Secretary to: (1) encourage States to develop home care provider licensing and certification policies; and (2) issue a biennial report on State implementation of such policies. Requires the Director of the Office of Technology Assessment to appoint a Long-Term Care Advisory Council with which the Secretary must consult in implementing and administering this Act. Directs the Secretary to award grants for home health agency, long-term care management agency, and long-term home care provider training programs and to furnish States and such agencies and providers with training materials. Directs the Secretary to: (1) conduct, and issue a report regarding, studies on long-term home care quality assurance measures; and (2) report to the Congress on January 1 of each year regarding the nature and performance during the preceding fiscal year of the home care quality assurance system. Authorizes appropriations from the Federal Hospital Insurance Trust Fund to carry out the long-term home care quality assurance program. Directs the Secretary to issue regulations, within six months of this Act's enactment, for implementing the long-term home care quality assurance program. Directs the Secretary to conduct demonstration projects to: (1) determine the relative effectiveness, cost, and impact on the quality of long-term home care of using different models of providing and reimbursing Medicare case management services; (2) determine the relative effectiveness, cost, and impact on quality of long-term home care of using different models of providing and reimbursing long-term home care services for seriously mentally ill individuals and family caregivers; (3) determine the feasibility of providing Medicare long-term care benefits for working-age individuals with severe functional limitations; and (4) test the feasibility of including adult day care within Medicare long-term home care coverage. Provides for the inclusion of adult day care within Medicare long-term home care coverage if the Secretary finds that its inclusion will not result in expenditures for adult day care exceeding savings in other long-term health care and will maintain the quality of Medicare long-term home care. Permits disabled individuals to purchase part A Medicare coverage during the 24-month waiting period preceding their entitlement to such coverage. Gives such individuals the option of enrolling for long-term home care benefits, for part A benefits other than long-term home care benefits, or for both. Amends the Internal Revenue Code to subject all of an individual's wages and self-employment income to the Hospital Insurance tax.
Bill· HRH.R. 2190 (101st)open
United States · United States Congress · 2 May 1989
National Voter Registration Act of 1989 - Requires each State to establish procedures with respect to elections for Federal office to permit voter registration by: (1) application in person simultaneously with application for a motor vehicle driver's license; (2) mail application; and (3) application in person at designated Federal, State, and private sector locations. Declares that this Act does not apply to any State that has no voter registration requirement with respect to elections for Federal office. Requires each State to establish a uniform and nondiscriminatory program to confirm the registration of voters in such State. States that challenges to the qualifications of an individual to vote in an election for Federal office may be made on the day of the election only as provided by State law. Provides for individuals with and without documentary proof of qualification to vote. Sets forth a special procedure to enable an individual to vote when his registration to vote cannot be verified. Requires each State to: (1) assure that any eligible applicant who submits his or her application 30 days before the election is registered to vote in the election; (2) require the appropriate State election official to notify each applicant of the disposition of the application; (3) provide that the name of a voter may not be removed from the official list of eligible voters for failure to vote or any other reason except death, criminal conviction, mental incapacity, change in residence, or voter request; and (4) inform those who register pursuant to this Act of voter eligibility requirements and penalties provided by law for submission of a false voter registration application. Requires the Federal Election Commission to report on the impact of this Act on the administration of elections for Federal office. Requires each State to designate a chief State election official to coordinate State functions under this Act. Provides a private right of action for an individual aggrieved by a violation of this Act. Provides for the awarding of attorney fees to the prevailing party, other than the United States. Imposes criminal penalties upon any person who: (1) intimidates, threatens, or coerces any person for registering or voting or exercising any right under this Act; or (2) deprives or defrauds the inhabitants of a State of a fair and impartially conducted election process. Authorizes appropriations necessary to carry out this Act.
Bill· HJRESH.J.Res. 254 (101st)open
United States · United States Congress · 2 May 1989
Prohibits the U.S. Government from giving its approval to the manufacturing license agreement involving the export of technology relating to the design, development, and production of the FSX aircraft in Japan.
Bill· HRH.R. 2187 (101st)open
United States · United States Congress · 2 May 1989
Fresh Mushroom Promotion, Research, and Consumer Information Act - Authorizes the Secretary of Agriculture to issue an order creating (subject to producer and importer referendum) a fresh mushroom (domestic and imported) promotion, research, and consumer education program. Requires any such order to provide for the establishment of a Mushroom Council. Funds such program through producer, handler, and importer assessments. Authorizes appropriations.
Bill· HRH.R. 2166 (101st)referred
United States · United States Congress · 1 May 1989
Amends the International Claims Settlement Act of 1949 to provide for the vesting in such officer or agency as the President may designate of a portion of Vietnamese property (other than property of private persons) in which transactions were prohibited as of April 30, 1975, under specified regulations. Requires the property vested to be a portion of property which, when liquidated, will render: (1) an amount necessary to pay all certified awards made by the Foreign Claims Settlement Commission of the United States for claims against Vietnam; and (2) an amount equal to five percent of the total of such certified awards to pay the costs of the Commission and the Department of the Treasury. Directs the designee of the President to liquidate the vested property as expeditiously as possible. Requires the proceeds from such liquidation to be covered over into the Claims Fund established for claims against Vietnam. Requires the United States, upon full payment of such certified awards, to succeed to all of the rights against Vietnam which form the basis of such awards. Directs the Secretary of the Treasury to require the recipients of such awards to release to the U.S. Government all claims against the U.S. Government or Vietnam arising from the expropriations that are the basis of such awards. Requires the Secretary of State, in developing the U.S. position for balancing of claims in future negotiations with Vietnam, to give full credit to Vietnam upon the establishment of formal diplomatic relations between Vietnam and the United States for the property vested under the provisions of this Act.
Bill· HRH.R. 2026 (101st)open
United States · United States Congress · 18 April 1989
Amends the Agricultural Adjustment Act, as reenacted by the Agricultural Marketing Agreement Act of 1937, to prohibit the importation of kiwifruit, peaches, pears, nectarines, and plums that do not comply with marketing order grade, size, quality, and maturity requirements.
Bill· HJRESH.J.Res. 240 (101st)open
United States · United States Congress · 13 April 1989
Authorizes the Raoul Wallenberg Tribute Committee to establish a work to honor Raoul Wallenberg on Federal land in the District of Columbia or its environs. Prohibits the United States from paying any expense of the establishment of the work.
Law· HRH.R. 1750 (101st)enacted
United States · United States Congress · 10 April 1989
Declares that the purpose of this Act is to implement the Bipartisan Accord on Central America of March 24, 1989. Authorizes the President to transfer to the Agency for International Development (AID) unobligated funds from specified defense appropriations accounts for: (1) humanitarian assistance (including transportation expenses) to the Nicaraguan Resistance to be available through February 28, 1990; and (2) operating expenses of AID. Limits the total amount of funds that may be transferred for such purposes. Requires the transportation of such assistance to be arranged solely by AID in a manner consistent with the Bipartisan Accord. Prohibits the transportation of any assistance not specified by this Act. Authorizes the President to transfer to AID an additional amount from the specified accounts for medical assistance for the civilian victims of Nicaraguan civil strife. Requires such assistance to be transported and administered by the Nicaraguan Catholic Church. Encourages the President to submit proposals for actions to: (1) provide additional economic assistance to the democratic countries of Central America; (2) facilitate the ability of Central American economies to grow through the development of infrastructure, expansion of exports, and increased investment opportunities; (3) provide a plan to assist Central American countries in managing debt; and (4) develop such initiatives in concert with Western Europe, Japan, and other democratic allies. Defers the availability of certain military procurement funds for FY 1989. Prohibits the obligation or expenditure of funds available under this Act to assist the Nicaraguan Resistance in military or paramilitary operations. Prohibits providing assistance under this Act to any group including an individual who has been found to engage in: (1) gross violations of internationally recognized human rights; or (2) drug smuggling or significant misuse of funds. Grants congressional oversight for assistance under this Act to specified congressional committees. Applies provisions of a specified Act concerning management and delivery of assistance to the Nicaraguan Resistance to assistance under this Act. Prohibits additional assistance to the Nicaraguan Resistance unless authorized specifically by a subsequent Act. Repeals title IX (Assistance for the Nicaraguan Resistance) of the Department of Defense Appropriations Act, 1989. Requires the Secretary of State to report to the Congress on progress in the peace and democratization process, including the use of assistance under this Act.
Law· HRH.R. 1677 (101st)open
United States · United States Congress · 5 April 1989
Children's Television Act of 1989 - Requires the Federal Communications Commission to prescribe standards for commercial television broadcast licensees that limit the duration of advertising in programs for children to a specified number of minutes per hour. Instructs the FCC to initiate appropriate rulemaking proceedings within 30 days of this Act's enactment and to promulgate the final standards within 150 days of enactment. Authorizes modifications of the standards after January 1, 1993, if FCC review and public comments demonstrate that the public interest would be served by the changes. Directs the FCC, when reviewing any application for a television broadcast license renewal, to consider compliance with these advertising standards, as well as the licensee's programming in connection with the educational and information needs of children.
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