United States · United States Congress · 16 May 1989
Housing for the Frail Elderly Act of 1989 - Amends the Housing Act of 1959 to authorize FY 1990 appropriations (up to a certain number of units) for elderly or handicapped families' housing and related facilities assistance. States that such assistance shall be in the form of capital advances which shall not bear interest and not be required to be repaid as long as the housing remains available for elderly or handicapped families. (Current law provides assistance as interest-bearing loans.) Directs the Secretary of Housing and Urban Development to enter into 20-year contracts to repay landlords for monthly operating costs in excess of project income for very low and lower income units. Includes among operating costs: (1) rent and utilities; (2) renovations and improvements to make units more accessible to elderly or handicapped persons; and (3) services such as meals, health and personal care, and management expenses to coordinate such activities. Terminates section 8 assistance (United States Housing Act of 1937) for projects receiving elderly and handicapped assistance as provided by this Act. Limits efficiency apartment rent in a project receiving such assistance to not more than 25 percent of a resident's monthly adjusted income. Encourages sponsors to adopt apartment design flexibility. Amends the Housing and Urban Development Act of 1968 to provide technical assistance to train sponsors about the availability and acquisition of such assistance. Amends the United States Housing Act of 1937 to permit funds to be used to provide services and service coordinators for elderly or handicapped residents in housing assisted under such Act. Limits such assistance to not more than 15 percent of service costs. Amends the Housing Act of 1949 to provide similar assistance under: (1) the Housing Act of 1949 for rural rental housing; (2) the National Housing Act for low- and moderate-income housing; and (3) the United States Housing Act of 1937 for section 8 new construction. Directs the Secretary to maintain centralized waiting lists for elderly and handicapped housing.
United States · United States Congress · 16 May 1989
Expresses the sense of the Congress that: (1) the Exxon Company must dedicate necessary resources and pay all required expenses to compensate affected parties, mitigate impacts, and complete cleanup by September 15, 1989, of Prince William Sound and other Alaska lands and waters damaged by the Exxon Valdez oil spill; and (2) the scope and thoroughness of the cleanup shall be determined by the U.S. Coast Guard to achieve maximum benefit of fish and wildlife habitat and the Alaska environment.
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 · 11 May 1989
Low-Income Housing Preservation Tax Act of 1989 - Amends the Internal Revenue Code (IRC) with respect to gain or loss on dispositions of property to provide that for purposes of determining the allowable depreciation and the amount of gain in connection with qualified low-income housing or its disposition, the adjusted basis shall be increased to equal the adjusted cost of the housing. Modifies accounting rules governing passive losses in connection with low-income housing. Treats the exception from such rules as a tax preference for minimum tax purposes. Recaptures benefits if the taxpayer fails to operate the housing in accordance with the relevant agreement or if there is a disposition of the property. Excludes from the gross income of a noncorporate taxpayer any passive activity gain realized in connection with the disposition of a qualified low-income housing project to a qualified non-related party that agrees to continue the low-income housing use of the property. Revises the definition of "cooperative housing corporation" for purposes of the income tax deduction of taxes, interest, and business depreciated by a tenant-stockholder to delete the 80-percent income requirement for limited equity cooperative housing corporations. Requires that income derived from investment of the mandatory reserves of a limited equity cooperative housing corporation be treated, for purposes of the tax deduction incurred in transactions with members, as income derived by the corporation from its members. Recaptures such amounts if the corporation ceases to be a qualified limited equity cooperative housing corporation. Permits eligible corporations to elect retroactive application of this treatment.
United States · United States Congress · 9 May 1989
Americans with Disabilities Act of 1989 - Title I: General Prohibition Against Discrimination - Declares that it shall be discriminatory, on the basis of disability, to deny opportunities or to afford them unequally, to provide opportunities less effectively (or differently or separately, unless necessary for effectiveness), to assist an organization or individual that discriminates, or to otherwise limit opportunities enjoyed by others. Prohibits the use of standards, criteria, or administrative methods that have the purpose or effect of discrimination or perpetuate discrimination. Declares it discriminatory to deny equal opportunities because of the relationship or association of an individual with another individual with a disability. Allows as a defense to a charge of discrimination that an application of standards or criteria has been demonstrated to be both necessary and substantially related to the ability of an individual to take advantage of the essential components of the opportunity, and that the taking advantage cannot be accomplished by reasonable accommodations, modifications, or the provision of auxiliary aids or services. Title II: Employment - Prohibits discrimination by any employer, employment agency, labor organization, or joint labor-management committee against any qualified individual with a disability in job application procedures, hiring or discharge, compensation, advancement, training, and other terms, conditions, and privileges of employment. Lists types of actions construed to be discrimination. Makes the remedies set forth in specified provisions of the Civil Rights Act of 1964 and other specified Federal law available to any individual who believes that he or she is being or is about to be subjected to discrimination in violation of this Act. Title III: Public Services - Declares that no qualified individual with a disability shall be excluded from the participation in, denied the benefits of, or subjected to discrimination by a State, or by an agency, political subdivision, or other instrumentality of a State. Lists types of actions deemed, for purposes of this Act and specified provisions of the Rehabilitation Act of 1973, to be discrimination with regard to public transportation. Makes the remedies and rights set forth in specified provisions of the Rehabilitation Act of 1973 available to any individual who believes that he or she is being or is about to be subjected to discrimination in violation of this Act. Title IV: Public Accommodations and Services Operated by Private Entities - Prohibits discrimination on the basis of disability in the enjoyment of any place of public accommodation. Lists types of actions construed to be discrimination. Prohibits discrimination on the basis of disability in public transportation services provided by a private entity that is primarily engaged in transporting people, but that is not in the principal business of air transportation. Lists types of actions construed to be discrimination. Makes specified provisions of the Fair Housing Act relating to enforcement available, subject to exception, to any aggrieved individual. Title V: Telecommunications Relay Services - Defines "telecommunications relay services" to mean services that enable simultaneous communication between individuals who use telecommunications devices for the deaf (TDDs) or other nonvoice terminal devices and individuals who do not use such devices. Declares it discriminatory for any common carrier that offers telephone services to the public to fail to provide interstate or intrastate telecommunication relay services that are equal to those provided to their customers who are able to use voice services, except in any State in which services are provided through an entity designated by the State. Declares it discrimination by a State that makes such a designation if the State fails to provide interstate or intrastate relay services that are equal to those provided to their voice customers. Makes specified provisions of the Fair Housing Act relating to enforcement available, subject to exception, to any aggrieved individual. Requires the Federal Communications Commission to enforce this title. Makes specified provisions of the Communications Act of 1934 apply with respect to the enforcement of this title. Provides for cease and desist orders by the Commission and for monetary penalties. Title VI: Miscellaneous Provisions - Prohibits retaliatory discrimination against any individual because of actions related to this Act. Declares that a State shall not be immune under the 11th Amendment to the Constitution from an action in Federal court for a violation of this Act. Requires the Architectural and Transportation Barriers Compliance Board to issue minimum guidelines to supplement the existing Minimum Guidelines and Requirements for Accessible Design. Allows the awarding of reasonable attorney's fees, in certain circumstances, in any action or proceeding under this Act.
United States · United States Congress · 9 May 1989
Clean Ocean Act of 1989 - Amends the Federal Water Pollution Control Act to make persons responsible for discharges of oil or hazardous substances into navigable waters liable for all removal costs incurred by the United States. Directs the Administrator to revise the National Contingency Plan under such Act to require owners and operators of vessels or facilities to: (1) provide equipment that is adequate to minimize damage, and suitable for responding effectively to, discharges of oil or hazardous substances; (2) provide such equipment in an amount appropriate for the unique features of the environment; (3) have such equipment inspected for certification by the Coast Guard at least every three years; (4) provide response teams for Alaska, the Pacific Northwest, California, the Gulf of Mexico, the Great Lakes, the northeast, mid-, and south Atlantic coasts, and inland waters; (5) ensure that such teams are properly and immediately in use upon receiving notice of any discharge and are engaged in containment and removal activities no later than five hours after receiving such notice; and (6) subject such teams to federally approved training, review, and approval by the agency responsible for administering such team, and periodic drills without prior notice. Authorizes the Administrator to permit owners and operators to engage in cooperative efforts to comply with the Plan. Requires all activities under the Plan to be funded by persons engaged in interstate commerce in the production or transportation of oil or any hazardous substance. Authorizes the Secretary of Transportation to charge a fee for certification inspections. Requires owners and operators to meet the requirements of the revised Plan no later than December 31, 1990. Prescribes civil penalties for violations of this Act. Makes chief executive officers of owners or operators jointly and severally liable for: (1) any fines assessed against such owners or operators; and (2) all costs incurred by the United States for the removal of oil or hazardous substances pursuant to this Act.
United States · United States Congress · 4 May 1989
Construction Safety, Health, and Education Improvement Act of 1989 - Amends the Occupational Safety and Health Act of 1970 to establish in the Occupational Safety and Health Administration (OSHA) an Office of Construction Safety, Health, and Education (the Office) to ensure safe and healthy working conditions in the performance of construction work. Provides that the Office shall be headed by a Director appointed by the Secretary of Labor (the Secretary). Directs the Secretary to employ additional OSHA inspectors to carry out Office duties. Requires the Director to designate an Office employee to serve as small business liaison. Authorizes the Secretary to issue regulations providing for certain exemptions from this Act for specified types of construction projects, operations, or construction contractors, conditioned on compliance with alternative requirements capable of promoting employee safety and health. Directs the Secretary to establish an effective and fair system for construction worksite inspections, concentrating resources on construction worksites and operations with a high potential for fatalities or serious injuries and illnesses. Requires, when establishing inspection priorities, that due weight be given to employer compliance with standards and recordkeeping and reporting requirements. Gives priority to inspection of projects and worksites of owners and employers having a higher than average incidence or severity of injuries or illnesses for the type of construction involved. Requires each construction contractor to maintain accurate records of accidents and injuries at a construction worksite. Requires an employer to report to the appropriate regional office of OSHA by telephone or telegraph, within 24 hours after its occurrence, any incident involving construction work that results in: (1) a serious injury; (2) a fatality; (3) a structural failure that leads to the collapse of a place of employment; or (4) a potential collapse of a place of employment. Requires the employer to submit a written followup report with specified information. Directs the Secretary to conduct site inspections to investigate all such reports, as well as all reports of those categories of serious injuries the Secretary prescribes. Requires such inspections within 24 hours after receipt of the telephone or telegraph report, unless site conditions would make inspection dangerous. Requires the construction contractor to prevent destruction of evidence. Directs the Secretary to make public a narrative description of the occurrence. Requires the construction safety specialist to provide the Secretary a notice containing specified information on a construction project prior to commencement of work, unless it is necessary to perform such work immediately to prevent injury to persons, and notice is given to the Secretary as soon as practicable. Requires the construction safety specialist, at project completion at one-year intervals during the project, to report to the Secretary all fatalities and serious injuries and illnesses and all structural failures. Directs the Secretary to issue standard forms for such purposes. Requires a construction contractor to establish a written safety and health program, to be managed by a construction safety specialist or other employee of the contractor. Sets forth the requirements of such a program, including evaluations of perceived hazardous conditions and analyses of perceived harmful material or substance. Requires such evaluations and analyses to be conducted, upon an employee's or employee representative's request by a construction safety professional and to be reported or denied in writing. Requires a construction contractor to develop and maintain an onsite project safety and health plan for each construction project that: (1) includes a construction process plan; (2) includes a hazard analysis; and (3) meets other specified requirements. Requires the construction safety specialist to provide a copy of the plan to each employer on the project before work commences. Requires the construction safety specialist to notify the responsible contractors of, and direct them to correct, any hazards, violations of safety or health law, or failure to comply with the program. Requires such notification to be reduced to writing as soon as practicable, and copies provided to the responsible contractors and, upon request, to all affected employers, employees, employee representatives, and the Secretary. Requires a construction contractor to ensure that a construction safety specialist is hired and retained and performs the duties prescribed by the Act at a construction worksite. Gives the construction contractor overall responsibility for the safety of the construction worksite with respect to construction safety, rules, and practices. Requires the contractor to ensure that subcontractors and supervisors are informed of the construction safety specialist's identity and duties, and to require them to comply with the specialist's health and safety policies at the worksite. Requires a construction safety specialist to: (1) ensure worksite compliance with the onsite plan and with guidelines of the Secretary and the Advisory Committee on Construction Safety and Health; (2) maintain a detailed worksite safety report; and (3) upon discovery of a hazard, order the contractor to eliminate it and inform the contractor, owner, and Secretary of any imminent dangers. Sets forth required qualifications of a construction safety specialist. Sets forth other responsibilities of a specialist. Establishes in OSHA a Construction Safety and Health Training Academy, to be headed by a Director appointed by the Secretary. Directs the Academy to: (1) train employees of the Office who conduct construction worksite inspections; and (2) train and certify construction safety specialists who have fulfilled requirements of a standardized training course and testing program. Revises Federal law relating to the National Institute for Occupational Safety and Health. Increases criminal penalties for any employer's willful violations of such Act which result in serious injury or death to an employee. Makes employers who cause such results through specified criminal negligence also liable to such penalties. Amends the Contract Work Hours and Safety Standards Act to grant the Advisory Committee on Construction Safety and Health specified powers to carry out its functions. Directs the President, in the budget message, to separate the appropriation account for construction industry safety activities from that of nonconstruction activities under such Act and the Occupational Safety and Health Act of 1970.
United States · United States Congress · 4 May 1989
Amends the Older Americans Act of 1965 to require the Commissioner on Aging to give special consideration to funding demonstration projects providing older individuals with the opportunity to serve as volunteers furnishing long-term care services to nursing home residents.
United States · United States Congress · 4 May 1989
Precludes veterans entitled to benefits under the All-Volunteer Force Educational Assistance Program from receiving other veterans' educational assistance.
United States · United States Congress · 3 May 1989
Head Start Improvement Amendments of 1989 - Expresses the sense of the Congress that all Head Start programs should provide, as authorized by the Head Start Act, more than one year of Head Start services to children from age three to the age of compulsory school attendance in the State where the program is located. Amends the Head Start Act to define "full-working-day" as at least six hours per day. Requires each Head Start agency to provide full-working-day Head Start services throughout the year (excluding Saturdays, Sundays, and applicable legal public holidays). Authorizes appropriations under the Head Start Act from FY 1990 through 1994.
United States · United States Congress · 3 May 1989
Designates the Labor Day weekend beginning on September 2, 1989, as National Drive for Life Weekend. Calls on people to observe that weekend with a pledge to not drink and drive.
United States · United States Congress · 2 May 1989
Student Loan Default Prevention Act of 1989 - Amends the Higher Education Act of 1965 (the Act) to require delayed disbursement for first-year students at high default rate institutions of Federally-insured student loans (FISL) and guaranteed student loans (GSL) under the Robert T. Stafford Student Loan Program. Lowers the amount insured for any lender by the GSL program from 100 percent to 95 percent of the unpaid principal if one-third or more of the principal outstanding during any consecutive two-year period on the lender's loans consists of loans to students for attendance costs at a higher default rate institution. Defines "high default rate institutions" as ones with a default rate of 20 percent or more. Directs the Secretary of Education (the Secretary) to define "default rate" by regulation. Adds requirements with respect to disbursement and endorsement of student loans. Requires multiple disbursements, with minimum intervals. Sets forth other requirements for the initial disbursement, withholding of second disbursement, and aggregation of multiple loans, with specified exceptions. Prohibits an institution from being certified or recertified as eligible for the Stafford or other student assistance if it has lost its institutional accreditation during the preceding 24 months, unless such accreditation has been restored or the institution has demonstrated its academic integrity to the Secretary's satisfaction. Requires that officers or directors of the accrediting agency or association not be affiliated in any way with a vocational school seeking or obtaining eligibility for the student loan insurance program. Requires that testing of ability-to-benefit students be administered by an agency independent of, and at a location not owned or controlled by, the higher education institution concerned. Establishes a tuition refund policy. Directs eligible institutions to require borrowers to supply specified exit interview information. Sets forth restrictions on institutional promotional activities. Requires that an institution's graduation and placement statistics be audited by an independent public agency.
United States · United States Congress · 2 May 1989
National Voter Registration Act of 1989 - Requires each State to establish procedures with respect to elections for Federal office to permit voter registration by: (1) application in person simultaneously with application for a motor vehicle driver's license; (2) mail application; and (3) application in person at designated Federal, State, and private sector locations. Declares that this Act does not apply to any State that has no voter registration requirement with respect to elections for Federal office. Requires each State to establish a uniform and nondiscriminatory program to confirm the registration of voters in such State. States that challenges to the qualifications of an individual to vote in an election for Federal office may be made on the day of the election only as provided by State law. Provides for individuals with and without documentary proof of qualification to vote. Sets forth a special procedure to enable an individual to vote when his registration to vote cannot be verified. Requires each State to: (1) assure that any eligible applicant who submits his or her application 30 days before the election is registered to vote in the election; (2) require the appropriate State election official to notify each applicant of the disposition of the application; (3) provide that the name of a voter may not be removed from the official list of eligible voters for failure to vote or any other reason except death, criminal conviction, mental incapacity, change in residence, or voter request; and (4) inform those who register pursuant to this Act of voter eligibility requirements and penalties provided by law for submission of a false voter registration application. Requires the Federal Election Commission to report on the impact of this Act on the administration of elections for Federal office. Requires each State to designate a chief State election official to coordinate State functions under this Act. Provides a private right of action for an individual aggrieved by a violation of this Act. Provides for the awarding of attorney fees to the prevailing party, other than the United States. Imposes criminal penalties upon any person who: (1) intimidates, threatens, or coerces any person for registering or voting or exercising any right under this Act; or (2) deprives or defrauds the inhabitants of a State of a fair and impartially conducted election process. Authorizes appropriations necessary to carry out this Act.
United States · United States Congress · 2 May 1989
Facsimile Advertising Regulation Act - Amends the Communications Act of 1934 with respect to telephone facsimile machines (equipment which has the capacity to reproduce text or images into an electronic signal, transmit such signal over a regular telephone line, receive such signals, and produce a copy of the transmitted text and images). Makes it unlawful for any person in the District of Columbia or in interstate or foreign communications, by means of a telephone, to use any telephone facsimile machine (fax machine) or other electronic device to send any unsolicited advertisement to the fax machine of any person whose number is on record with a common carrier as the number of one objecting to receipt of such advertisements. Directs each common carrier to maintain a list of persons who notify them of their objection to receiving such unsolicited advertisements by fax machines. Directs the Federal Communications Commission to revise the regulations governing fax machines to require that any such machine which is manufactured six months after the enactment of this Act and used for the distribution of unsolicited advertising be equipped to identify the date and time sent, an identification of the business sending the advertising, and the telephone number of the sending machine.
United States · United States Congress · 2 May 1989
Foreign Language Competence for the Future Act of 1989 - Authorizes the Secretary of Education to make: (1) grants to higher education institutions and consortia for summer foreign language institutes for elementary and secondary school foreign language teachers; (2) allotments to State education agencies for revolving loan funds for college students majoring in elementary and secondary foreign language education; (3) matching grants to States and major metropolitan areas for foreign language institutes and world trade council units to provide language training, translation services, and information about other cultures and markets to small- and medium-sized businesses seeking to enter export markets; (4) demonstration grants to State education agencies, higher education institutions, and nonprofit education and professional associations for technology for distance learning; and (5) demonstration grants to eligible consortia for critical languages and area studies programs and other activities to improve and expand elementary and secondary foreign language instruction. Authorizes appropriations for FY 1990 through 1994.
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 · 2 May 1989
Amends the Medicare Catastrophic Coverage Act of 1988 to direct the Advisory Committee on Medicare Home Health Claims to evaluate and report to the Congress and to the Administrator of the Health Care Financing Administration by October 1, 1990, on changes in the process for denying claims for home health services under title XVIII (Medicare) of the Social Security Act. Terminates the Commission on October 1, 1990.
United States · United States Congress · 27 April 1989
Plastic Container Identification Act of 1989 - Prescribes labeling requirements for plastic containers in interstate commerce to indicate the type of plastic resin used to produce the container. Imposes criminal penalties for violations.
United States · United States Congress · 27 April 1989
Amends the Internal Revenue Code to make available to an employer a credit against income tax liability for expenses paid or incurred during the taxable year to acquire, construct, rehabilitate, or expand a qualified on-site day care facility operated by the employer for the care of enrollees, at least 30 percent of whom must be dependents of the employer's employees. Limits the amount of the credit based on the number of enrollees who may be cared for in the facility at one time. Limits use of the personal tax credit for employment-related day care expenses to taxpayers having adjusted gross income of $50,000 or less.
United States · United States Congress · 26 April 1989
Automated Telephone Solicitation Protection Act of 1989 - Amends the Communications Act of 1934 with respect to automatic telephone dialing devices (telephone terminal equipment with the capacity to store or produce numbers, dial them, and deliver a prerecorded message without manual assistance). Makes it unlawful for any person in interstate or foreign communications to use such device for a telephone solicitation to a telephone customer unless: (1) the recorded message states the name and telephone number of the person initiating the call; (2) the dialer automatically terminates its connection within five seconds after the person called fails to give consent to the recorded message or hangs up his or her telephone; (3) the device does not make calls to any emergency phone numbers; or (4) the device is used only between the hours of 9 a.m. and 5 p.m. States exceptions to such prohibition. States that a $5,000 limitation on certain forfeiture penalties under such Act does not apply to violations of such prohibition. Requires the Federal Communications Commission and the Federal Trade Commission to jointly study and report to the Congress on the practicality and constitutionality of a complete ban on the use of automatic dialing devices to deliver telephone solicitations.
United States · United States Congress · 26 April 1989
Emergency Nurse Shortage Relief Act of 1989 - Amends title VIII (Nurse Education) of the Public Health Service Act to authorize the Secretary of Health and Human Services to make grants for programs to: (1) promote nursing as a career, including promotion in public secondary schools; (2) identify and provide internships to students in such schools who show an interest in health care; and (3) recruit nursing students from groups not traditionally well represented in the profession. Authorizes appropriations. Authorizes the Secretary to make grants for programs to: (1) encourage and assist non-practicing nurses to reenter the profession; (2) train nurses as nurse practitioners or nurse midwives or in areas of needed specialized nursing skills; and (3) provide tuition assistance to students in educational programs designed to facilitate reentry. Authorizes appropriations. Authorizes the Secretary to make grants for programs to: (1) increase the attractiveness of nursing as a career through changes in wage structures, employment options and benefits, and the role of nurses in health care facilities; and (2) demonstrate innovative methods of providing for career advancement and encourage nurses and nurse assistants to continue nursing education. Authorizes appropriations. Authorizes the Secretary, subject to appropriations, to establish a program to insure educational loans to individuals with a degree as a registered nurse for educational expenses related to training nurses as nurse practitioners or nurse midwives or in areas of needed specialized nursing skills. Makes provisions of the Federal Program of Insured Loans to Graduate Students in Health Professions Schools, established by current law in the Public Health Service Act, apply to this program except as inconsistent. Authorizes the Secretary, subject to appropriations, to enter into agreements with eligible individuals to assist in repaying specified amounts of their eligible educational loans. Sets forth criteria for an individual to be eligible to receive assistance, including a requirement that the individual agree to work full-time as a registered nurse in a nursing crisis area. Sets forth a schedule for loan repayment by the Secretary to the holder of the loans based on the number of years of work completed as agreed. Amends the Internal Revenue Code to allow C corporations a tax credit for 20 percent of the amount paid or incurred as qualified nursing scholarships. Directs the Attorney General to extend for at least one additional year the status of nonimmigrant alien for those aliens admitted under specified provisions of the Immigration and Nationality Act who perform services as registered nurses in a nursing crisis area, provided the Secretary of Labor has certified that the continuing employment of the aliens will not adversely affect the wages and working conditions of U.S. registered nurses. Amends title VIII (Nurse Education) of the Public Health Service Act to direct the Secretary of Health and Human Services to designate areas that have: (1) a severe shortage in the number of nurses as nursing crisis areas; and (2) a shortage of practicing nurses with specialized nursing skills as areas of needed specialized nursing skills. Directs the Secretary to review and, if necessary, redesignate such areas at least annually.
United States · United States Congress · 26 April 1989
Amends Internal Revenue Code provisions governing the income tax deduction for the health insurance costs of self-employed individuals to: (1) make the deduction permanent (under current law it will expire after tax year 1989); and (2) phase in an increase in the allowable deduction, reaching 100 percent for taxable years beginning in 1994 and thereafter.
United States · United States Congress · 25 April 1989
Authorizes and directs the President to call on representatives of the broadcasting industry, in cooperation with public health organizations, to provide free air time to private and government organizations for antismoking public service announcements which educate the public about the dangers of cigarette smoking.
United States · United States Congress · 18 April 1989
Amends accounting provisions of the Internal Revenue Code to permit licensed used automobile dealers to use the installment method in connection with retail sales of any automobile that is more than three years old at the time of the sale if: (1) the sales price is $6,000 or less; and (2) the installment obligation arises solely from the sale in question and has a term of 36 months or less.
United States · United States Congress · 18 April 1989
Provides for the establishment of categories of aliens who are subject to persecution in the Soviet Union or in Indochina (Vietnam, Cambodia, or Laos) and therefore admissible as refugees into the United States. Deems Jews and Evangelical Christians in the Soviet Union as such a category. Provides for the adjustment of status to refugee status for certain Soviet and Indochinese parolees residing in the United States.
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
Food Labeling and Heart Disease Reduction Act of 1989 - Amends the Federal Food, Drug, and Cosmetic Act to deem foods containing fat, cholesterol, or sodium to be misbranded unless their labeling states certain information with regard to: (1) calories from fat; (2) total fat and saturated, polyunsaturated, or monounsaturated fat; (3) sodium; and (4) cholesterol.
United States · United States Congress · 18 April 1989
Employee Educational Assistance Act of 1989 - Repeals provisions of the Internal Revenue Code that: (1) terminated the income tax exclusion of amounts paid under employee educational assistance programs as of tax year 1989; and (2) deny benefits in connection with graduate work.
United States · United States Congress · 18 April 1989
Amends the Internal Revenue Code to disallow an income tax deduction for business expenses incurred as removal or liability costs resulting from a spill or other discharge of oil being transported by or for the taxpayer from a vessel onto waters subject to the Clean Water Act. Excludes discharges caused by an act of God, an act of war, negligence on the part of the U.S. Government, or an act or omission of a third party. Applies this deduction denial retroactively with respect to amounts incurred in taxable years 1989 and thereafter.
United States · United States Congress · 17 April 1989
Requires the Committee on House Administration, not later than December 31, 1989, to: (1) take such action as may be necessary to discontinue use of disposable polystyrene foam trays, dishes, and beverage containers in the food service operations of the House of Representatives; and (2) require that disposable trays, dishes, and beverage containers used in such operations be biodegradable.
United States · United States Congress · 13 April 1989
Amends the Harmonized Tariff Schedule of the United States to suspend, for a three-year period, the duty on (1) 3-Quinolinecarboxylic acid, 1-ethyl-6-fluoro-1, 4-dihydro-4-oxo-7-(1-piperazinyl).
United States · United States Congress · 13 April 1989
Amends the Older Americans Act of 1965 to require that States take into consideration the geographical distribution of individuals who are 85 years of age and older when designating planning and service areas and distributing funds under such Act.
United States · United States Congress · 13 April 1989
Imposes a retroactive moratorium with respect to: (1) New York State law that takes into account income from outside that State when determining income tax liability of nonresidents; and (2) any State law enacted in response to the New York law. Establishes the Interstate Taxation Commission, including representatives from the States of New York, New Jersey, and Connecticut, to study and report to the Congress on appropriate methods of taxing interstate income. Terminates the Commission upon submission of the required report.
United States · United States Congress · 13 April 1989
Amends the Harmonized Tariff Schedule of the United States to suspend, for a three-year period, the duty on N-amidino -3,5 - diamino -6-chloropyrazine-carboxamide monohydrochloride dihydrate, crude or advanced (amiloride hydrochloride).
United States · United States Congress · 13 April 1989
Amends the Internal Revenue Code to establish a new test for determining whether an employee health plan meets the new (section 89) nondiscrimination requirements for coverage and benefits. Considers a plan as meeting the requirements if: (1) it does not contain eligibility provisions that discriminate in favor of highly compensated employees; (2) the taxable benefit of any highly compensated employee is limited to 133 percent of the premium made available to 90 percent of the employees who are not in this category; and (3) the employer maintains at least one qualified plan that consists primarily of core health benefits and does not require employee weekly contributions of more than $10 per week ($25 for family coverage) (indexed for inflation), and at least 90 percent of all employees who are not highly paid employees are eligible to participate in such a plan. Revises the definition of "highly compensated employee." Increases from 17 1/2 hours to 25 hours per week the threshold number of work hours triggering requirements with respect to part-time employees. Adjusts benefits and requirements in connection with employees who work less than 30 hours per week. Applies the requirements separately in connection with employees covered by a collective bargaining agreement. Permits an employer to disregard leased employees in connection with requirements if specified conditions are met. Imposes a 34 percent tax on employers in connection with amounts paid or incurred during any taxable year under a specified employee benefit plan that does not meet enumerated general criteria, including that it be in writing, be maintained exclusively for the benefit of employees, and provide for employee notice about benefits. Repeals nondiscrimination provisions as applied to group-term life insurance. Amends the Technical and Miscellaneous Revenue Act of 1988 to delay application of the requirements with respect to retired employees. Requires employers to report to highly compensated employees amounts of taxable fringe benefits. Imposes a penalty for failure to report.
United States · United States Congress · 13 April 1989
Authorizes the Raoul Wallenberg Tribute Committee to establish a work to honor Raoul Wallenberg on Federal land in the District of Columbia or its environs. Prohibits the United States from paying any expense of the establishment of the work.
United States · United States Congress · 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
Recycling Act - Amends the Solid Waste Disposal Act to require all paper and paper products procured by Federal and State agencies and certain businesses under contract with Federal agencies to be composed of the highest percentage practicable of recovered materials. Requires the Administrator of the Environmental Protection Agency (EPA) to prepare guidelines for the implementation of such requirement. Requires each procuring agency that enters into a construction contract to give preference to the contractor that proposes to use the highest percentage of recovered materials in carrying out such contract, provided that such materials are of a reasonable price. Directs the Administrator to prepare guidelines to include minimum content standards for at least five items used in construction contracts that can be produced with recovered materials. Requires the Administrator to issue annual guidelines that specify standards for five additional items that may or may not be used in such contracts. Requires each Federal agency with office facilities of more than 35 office workers to carry out a recovery program of newsprint and corrugated and high-grade paper. Requires such materials to be separated at the source of generation, separately collected, sold for the purpose of recycling or used by the Government. Authorizes funds received from such sales to be retained by the agency that generated the sold item. Prohibits any State or municipality from receiving any form of Federal assistance in connection with facilities for the processing, separation, resource recovery, or reduction of solid waste unless the Administrator certifies that such State or municipality has implemented and met the targets for a program: (1) for the collection, separation, and processing of recyclable materials which provides for graduated increases in the amount of waste stream to be made available to markets for recovered materials; and (2) that requires preferences for the procurement of goods containing recovered materials. Sets forth additional requirements for State solid waste disposal plans, including: (1) the separation, collection, and recycling of tires, lead-acid batteries, and major household appliances; and (2) the separation, collection, and safe disposal of household hazardous wastes. Authorizes the Administrator to provide low-interest loans or loan guarantees for constructing and operating facilities and equipment for the collection, separation, or processing of recyclable materials. Permits the Administrator to provide technical assistance and grants to State and local governments for recycling and waste reduction programs. Authorizes appropriations. Requires all paper and paper products, effective five years after this Act's enactment, to contain the minimum percentage of recovered materials specified by the Administrator under the Solid Waste Disposal Act. Extends the date by which the Secretary of Commerce is required to take actions regarding the development of markets for recovered materials. Requires the Secretary, no later than six months after this Act's enactment, to develop a program to promote the selling of recyclable solid waste from the United States in international markets. Requires manufacturers of plastic items or packaging to label such items to indicate the type of plastic used in such materials. Prohibits any plastic, effective one year after the promulgation of regulations regarding this section, from containing, or being manufactured in a process that uses, chlorofluorocarbons. Directs the EPA Inspector General to report annually to the Congress on compliance with this Act.
United States · United States Congress · 12 April 1989
Municipal Solid Waste Reduction Act of 1989 - Requires the Administrator of the Environmental Protection Agency (EPA) to establish a waste reduction information clearinghouse in the EPA Office of Solid Waste. Makes such information available to the public. Directs the Administrator to implement a public education program about municipal solid waste reduction and the ways in which reduction can alleviate waste management and disposal problems. Requires the Administrator to publish lists of: (1) the 50 most toxic constituents of the municipal waste stream arising during the recycling, treatment, disposal, or other management of such waste stream; and (2) the 50 categories of waste that are the largest contributors by volume to such stream. Directs the Administrator, acting through the Assistant Administrator for the Office of Solid Waste, to initiate studies of five of the elements on each list. Outlines the requirements of such studies, including: (1) a determination of the risks to human health and the environment involved in managing such constituents or waste categories in the waste stream; (2) a determination of strategies for reducing the quantity or toxicity of such constituents or waste categories; and (3) an examination of the economic costs and benefits associated with such reduction. Requires the President to establish a commission to study methods for labeling products and packaging to help reduce waste. Requires such study to be submitted to the President and the Congress and to be made available to the public. Terminates the Commission after submission of the study. Directs the Administrator to implement a grant program for research and development on redesigning consumer products for the purpose of reducing the volume or toxicity of waste. Requires grant recipients to report to the Administrator on the use of such grants and the success in redesigning products. Limits the amount of each grant to $50,000. Prohibits the Administrator from obligating or spending more than $5,000,000 in a fiscal year for such program. Requires the head of each executive department to: (1) review purchases of goods to determine where substitute goods could be purchased to achieve waste reduction; (2) encourage waste reduction in the practices of the department; and (3) report annually to the Administrator on waste reduction activities. Directs the Administrator to report annually to the Congress on waste reduction activities in such departments.
United States · United States Congress · 11 April 1989
Consumer Product Safety Improvement Act of 1989 - Title I: Amendments to Acts - Amends the Consumer Product Safety Act (CPSA) to revise rulemaking procedures in cases when the Consumer Product Safety Commission finds that there may be an unreasonable risk of injury associated with a product and a consumer product safety rule would reduce the risk. Directs the Commission to study and report to the Congress on the feasibility of requiring each manufacturer of a product subject to a consumer product safety rule to help defray rulemaking costs. Permits the Commission to rely only upon existing voluntary consumer product safety standards that have been issued after consideration of the views of interested parties. Amends the CPSA, the Federal Hazardous Substances Act (FHSA), and the Flammable Fabrics Act to require the Commission to develop procedures to monitor compliance with product safety standards. Allows interested parties to petition the Commission to issue a rule or amendment to reduce the risk of injury associated with a product. Prescribes procedures in connection with such petitions, including a cause of action to compel rulemaking. Revises administrative features relating to the Commission to: (1) direct the President, when making appointments to the Commission, to consider individuals with consumer product safety backgrounds; (2) establish the position of Director of Compliance, to be filled by an attorney; (3) set a minimum personnel level; and (4) permit qualified disclosure of certain information. Authorizes any State attorney general and any other official charged with enforcing State consumer product safety laws to bring a civil action for relief in connection with violations of rules or orders issued under the CPSA or the FHSA, to determine whether a consumer product presents a substantial product hazard. Prescribes procedures in connection with these actions, including judicial appeals to compel the Commission to initiate determinations concerning product safety if a petition is ignored. Sets standards to apply when the Commission is determining whether a consumer product presents a substantial product hazard. Prohibits the Commission, in this context, from engaging in cost-benefit analysis with respect to risks presented to the public. Prohibits such analysis also in connection with both Commission and court determinations relating to actions involving imminently hazardous consumer products. Adds civil penalties to the criminal penalties imposed in connection with violations of the Federal Hazardous Substances Act. Directs the Commission to establish an agenda and priorities for its actions prior to each fiscal year. Authorizes appropriations through FY 1991 for the Commission. Title II: Related Provisions - Directs the Commission to: (1) study and report to the Congress on whether a special flammability standard is needed for sleepwear (other than for children); (2) pursue its pending proceedings to establish a safety standard for cigarette lighters; and (3) study and report to the Congress on whether a minimum age requirement should be established for operators of amusement park rides. Revises the CPSA definition of "amusement ride." Includes amusement rides expressly within the framework of such Act, subjecting them to public disclosure and inspection requirements and to notification and remedy provisions applicable to substantial product hazards when serious injury occurs. Directs the Commission to issue rules in this regard by July 1, 1990. Directs the Commission to: (1) report to the Congress on its activities to reduce exposure of individuals to an enumerated list of indoor air pollutants; (2) issue a consumer product safety standard to require cautionary labeling in connection with certain toys intended for use by children at least three years old; (3) submit to the Congress a report including specified information about particular products that pose a major hazard to children; and (4) conduct a survey to determine compliance with voluntary industry manufacturing guidelines designed to reduce the entrapment of children in reclining chairs and report the results to the Congress. Requires the Commission to initiate proceedings to establish a safety standard for reclining chairs if a substantial lack of compliance is found.
United States · United States Congress · 11 April 1989
Eliminates the requirement that a Federal employee make retroactive contributions to the Civil Service Retirement and Disability Fund upon electing survivor annuity benefits for a spouse by a post-retirement marriage. Sets forth provisions regarding the administration of this Act by the Office of Personnel Management.
![Official portrait of Rep. Dwyer, Bernard J. [D-NJ-6]](https://www.congress.gov/img/member/d000586_200.jpg)