United States · United States Congress · 28 June 1989
Directs the Secretary of the Interior to prepare an environmental impact statement (EIS) for the reintroduction of gray wolves to Yellowstone National Park and adjacent public lands. Requires such EIS to consider: (1) the potential for wolves to leave the recovery area and cause damage to domestic livestock; (2) the wildlife management responsibilities and objectives of the States of Wyoming, Montana, and Idaho; and (3) the possibility of reintroducing gray wolves as an experimental population under the Endangered Species Act. Establishes a timetable for the Secretary to select an alternative for such reintroduction and to implement the decision. Directs the Secretary to provide financial assistance to Wyoming, Montana, and Idaho for the implementation of wolf conservation and management plans.
United States · United States Congress · 28 June 1989
Designates October 29, 1989, as Fire Safety at Home Day: Change Your Clock, Change Your Battery. Directs the President to issue a proclamation to urge people to change the batteries in their smoke detectors when they reset their clocks from daylight savings time.
United States · United States Congress · 28 June 1989
Declares it is U.S. policy to provide a national air transportation system which: (1) enhances the general welfare and security of the United States; and (2) is free of regulations which unreasonably burden or restrict the right of citizens to travel by air. Requires the President to submit to the Congress a plan for a new comprehensive national aviation policy.
United States · United States Congress · 27 June 1989
Christopher Columbus Coin and Fellowship Act - Title I: Christopher Columbus Quincentenary Coins - Christopher Columbus Quincentenary Coin Act - Directs the Secretary of the Treasury to mint and issue not more than a specified number of five dollar gold coins, one dollar silver coins, and half dollar clad coins emblematic of the quincentary of the discovery of America. Sets forth certain features of such coins and provides for their design, issuance, and sale. Terminates the minting of such coins after June 30, 1993. Requires the Secretary to deposit surcharges from the sale of such coins in the Christopher Columbus Fellowship Fund for use by the Christopher Columbus Fellowship Foundation. Declares that no law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out this Act, except that this provision shall not relieve any person from complying with any law relating to equal employment opportunity. Title II: Christopher Columbus Fellowship Foundation - Christopher Columbus Fellowship Act - Establishes the Christopher Columbus Fellowship Foundation to award fellowships to outstanding individuals to encourage new discoveries in all fields of endeavor for the benefit of mankind. Establishes the Christopher Columbus Fellowship Fund. Directs the Foundation to report to the President and to the Congress annually on its operations.
United States · United States Congress · 27 June 1989
United Services Organization's 50th Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than a specified number of five dollar gold coins, one dollar silver coins, and half dollar clad coins to commemorate the 50th anniversary of the United Services Organization (USO). Requires such coins to be emblematic of USO Services to military service personnel and families. Sets forth certain features of such coins and provides for their design, issuance, and sale. Terminates the minting of such coins after February 4, 1991. Requires surcharges from the sale of such coins to be deposited in a coinage profit fund and used for USO programs and to reduce the national debt. Directs the Secretary to report to the Congress semiannually through December 31, 1992, on activities under this Act.
United States · United States Congress · 27 June 1989
Expresses the sense of the House of Representatives that individuals throughout the United States should observe Independence Day, July 4, 1989, as Take Pride in the Flag Day to celebrate the 213th anniversary of the signing of the Declaration of Independence and the 201st anniversary of the ratification of the U.S. Constitution.
United States · United States Congress · 22 June 1989
National Ground Water Research Act of 1989 - Directs the President to coordinate Federal ground water research, monitoring, and protection activities through the establishment of an Interagency Ground Water Research Committee. Requires the Committee to appoint an Education Committee to review the academic and related institutional capabilities for education and training of ground water research related professionals and to identify opportunities for improving such education and training. Directs the Secretary of the Interior, acting through the U.S. Geological Survey, to prepare a report assessing ground water quality and quantity information systems and data collection and monitoring. Requires the Secretary to submit such report to the Congress with biennial updates. Directs the Secretary to conduct a national ground water assessment program to assist State and local governments in ground water protection and remediation of contamination and depletion and in the design of monitoring programs, including recommendations for protocols to assist such governments in meeting their data collection responsibilities under specified Federal environmental statutes. Directs the Administrator of the Environmental Protection Agency (EPA) to establish and coordinate a research, development, and demonstration program for ground water protection and remediation of contamination, to include surveys, the development of cost-effective prevention, detection, and remediation techniques, and the provision of technical assistance. Sets forth demonstration project selection criteria and procedures, based upon the seriousness of the contaminant addressed and a project's applicability to other locations and circumstances. Requires that such project be monitored and evaluated by the Administrator. Authorizes the Administrator to pay the costs of such evaluation, but limits Federal cost sharing for the project in general. Requires the Administrator to publish an environmental profile for each significant ground water contaminant. Requires such profiles to include risk assessment analyses to assess the risk to human health and the environment within a range of concentrations of such contaminants. Directs the Administrator to implement research programs for the development of information necessary to conduct risk assessments and make risk management decisions regarding the presence of such contaminants in ground water. Establishes a timetable for the publication of such profiles. Requires the Administrator, in publishing such profiles, to give priority to the most toxic contaminants. Directs the Secretary and the Administrator each to establish a technical assistance program to serve other Federal and governmental agencies, including assistance for research, surveys, training, and technology transfer. Directs the Secretary, acting through the U.S. Geological Survey, to establish and maintain a National Groundwater Information Clearinghouse. Directs the Administrator to establish a ground water research committee for ground water resources. Directs the Science Advisory Board established by the Environmental Research, Development, and Demonstration Act of 1978 to review and report to the Congress on EPA's ground water research programs. Authorizes the Administrator to establish and maintain research fellowships. Directs the Administrator to make grants for ground water research institutes. Requires that funds be equitably distributed throughout the United States and that one of the institutes be the National Center for Ground Water Research, a consortium between Oklahoma, Oklahoma State, and Rice Universities. Limits the Federal share to 50 percent of costs and earmarks funds for technology transfer. Requires the Administrator to review and evaluate such institutes and subjects the institute's research to peer review. Directs the President to report annually to the Congress on activities carried out under this Act. Authorizes appropriations for FY 1990 through 1992. Authorizes the Administrator to make grants to States to support the development and implementation of State strategies designed to detect, prevent, and correct ground water contamination and control sources of contaminants. Sets forth allotment requirements. Limits such grants to 50 percent of a project's total cost. Authorizes appropriations for such grants for FY 1990 through 1992.
United States · United States Congress · 21 June 1989
Spending Control Enhancement Act of 1989 - Adds a title to the Impoundment Control Act of 1974 to authorize the President to rescind all or part of any budget authority provided in an appropriations bill by notifying the Congress of the rescission by a special message within ten calendar days after enactment of the Act in question. Makes such rescission effective unless the Congress, within ten days after receiving the special message, completes action on a bill disapproving the proposal. Describes: (1) information to be included in the President's message; and (2) procedures to govern consideration of rescission disapproval legislation in the Senate and the House of Representatives.
United States · United States Congress · 21 June 1989
Product Liability Reform Act of 1989 - Declares that this Act governs any product liability action brought in any State or Federal court against a manufacturer or product seller, on any theory, for harm. States that a civil action brought against a manufacturer or product seller for commercial loss shall be governed by applicable commercial or contract law. Supersedes any inconsistent State law regarding recovery in such actions. Lists specific laws not superseded, including: (1) defense of sovereign immunity asserted by any State or by the United States; (2) any Federal law (except the Federal Employees Compensation Act and the Longshore and Harbor Workers' Compensation Act); (3) the Foreign Sovereign Immunities Act of 1976; (4) State choice-of-law rules; (5) the right of any court to transfer venue or to apply the law of a foreign nation or to dismiss a claim of a foreign nation or citizen on the ground of inconvenient forum; and (6) any statutory or common law cause of action which is not an action for harm caused by a product or an action to abate a nuisance and which is for civil damages or civil penalties, clean up costs, injunctions, restitution, cost recovery, punitive damages, or any other form of relief from contamination or pollution of the environment or the threat of it. Makes this Act (except provisions relating to workers' compensation offset) inapplicable to any product liability action brought in State or Federal court, on any theory, for harm caused by asbestos or asbestos products. Provides that, with respect to civil actions brought for vaccine-related injury or death, if specified provisions of the Public Health Service Act (PHSA) take effect and establish a Federal rule of law or defense applicable to such actions, then this Act does not affect the application of such rule of law or defense and any conflicting rule or defense prescribed by this Act shall not apply to such an action. Provides that if there is an aspect of such an action for which a PHSA rule or defense does not apply, then this Act or otherwise applicable law will apply to such aspect. Establishes a standard of manufacturer liability in product liability actions for proximate causes of harm, established by a preponderance of the evidence, which fall under the categories of: (1) negligence; (2) strict product liability; or (3) intentional wrongdoing. Provides that negligence shall be in terms of a manufacturer's failure to act as a reasonably prudent person would with respect to product design, construction, warnings, or instructions. Provides that strict liability shall be with respect to a product's being in an unreasonably dangerous defective condition in: (1) deviation from standards; (2) nonconformance with an express warranty; (3) failure to contain adequate warnings or instructions; or (4) design (in which case State law governs with respect to establishment of a prima facie case). Provides that a manufacturer's intentional wrongdoing shall be determined under applicable State law. Sets forth a defense to manufacturer liability based on a product's inherent characteristics. Provides that a product shall not be considered to be in an unreasonably dangerous defective condition if the product aspect which allegedly caused the harm cannot be made safe and is not dangerous to an extent beyond that which would be contemplated by the ordinary person who uses or consumes the product with the knowledge common to the community as to its characteristics. Provides that such defense does not limit a manufacturer's liability solely because the risk of harm is patent, open, or obvious. Provides that a manufacturer shall not be relieved of liability on the grounds that the product that allegedly caused the harm was unavoidably unsafe, unless the product is a drug or medical device. Provides that in product liability actions involving an improperly designed and unavoidably unsafe drug or medical device, the manufacturer's liability shall be determined under State law (and the state-of-the-art defense under this Act shall not apply). Sets forth a state-of-the-art defense. Provides that the manufacturer shall not be liable for the design of the product if the manufacturer establishes by a preponderance of the evidence that at the time the product left its control: (1) the manufacturer did not and could not know that the product was in an unreasonably dangerous defective condition because of its design in light of knowledge reasonably available to experts; or (2) there was not a feasible alternative design that would have prevented the harm without substantially impairing the reasonably anticipated or intended function of the product (considering specified factors). Makes the state-of-the-art defense inapplicable if the court finds, on its own or on a party's motion, that a claimant has established by a preponderance of the evidence that the product is so unsafe compared to its usefulness that it should not have been marketed. Sets forth standards for product warnings and instructions. Provides that a product is in an unreasonably dangerous defective condition because it failed to contain adequate warnings and instructions if reasonably prudent, adequate warnings or instructions, in the light of knowledge reasonably available to experts, on the aspect (including a design aspect) which caused the harm: (1) did not accompany the product at the time it left the manufacturer's control; or (2) were not given on a timely basis by the manufacturer before the harm. Requires that specified factors be considered. Establishes, in addition to the general standard of manufacturer's liability, a presumption of liability applicable to manufacturers of fire fighting equipment or protective clothing for harm suffered by any fire fighter performing interior structural firefighting if: (1) the harm was the result of the use of such equipment or clothing which left the manufacturer's control after the enactment of this Act; and (2) the equipment or clothing did not comply with the OSHA (Occupational Safety and Health Act) fire brigade occupational safety and health standards or a more stringent State standard. Establishes a standard of product seller liability in product liability actions for proximate causes of harm, established by a preponderance of the evidence, which fall under the categories of: (1) negligence; (2) express warranty; or (3) intentional wrongdoing. Provides that such negligence shall be in terms of a product seller's failure to exercise reasonable care with respect to the product. Provides that it shall not be such a failure based on an alleged failure to inspect a product where there was no reasonable opportunity to inspect it in a manner which would or should, in the exercise of reasonable care, have revealed the aspect which allegedly caused the harm. Provides that such product seller's express warranty must be independent of any express warranty of the manufacturer. Provides that a product seller's intentional wrongdoing shall be determined under applicable State law. Establishes an additional product seller liability as a manufacturer. Makes the product seller liable as if it were the manufacturer if: (1) the manufacturer is not subject to service of process under the laws of the State in which the claimant brings the action; or (2) the court determines that the claimant would be unable to enforce a judgment against the manufacturer. Sets forth a defense based on a claimant's being, as a result of the influence of intoxicating alcohol or any non-over-the-counter drug which has not been prescribed for the claimant by a physician, more than 50 percent at fault for the harm. Reduces the manufacturer's or product seller's liability for damages by the percentage of responsibility for the harm attributable to misuse or alteration of a product. Allows punitive damages to be awarded, to the extent provided by applicable State law, if the claimant establishes by clear and convincing evidence that the manufacturer or product seller engaged in conduct giving rise to punitive damages under applicable State law, with the following exception. Provides that a failure to exercise reasonable care in selecting among alternative product designs, formulations, instructions, or warnings shall not, by itself, constitute conduct that may give rise to punitive damages. Requires separate proceedings for punitive damages if such separate proceedings are requested by the defendant. Makes evidence in such separate proceedings which is relevant only to the claim of punitive damages inadmissible in any proceeding for compensatory damages. Directs the trier of fact, in determining the amount of punitive damages, to consider all relevant evidence, including specified factors. Prohibits punitive damages against a manufacturer of a drug or medical device unless the claimant establishes by clear and convincing evidence that the manufacturer or product seller engaged in conduct giving rise to punitive damages under applicable State law and unless the manufacturer engaged in: (1) intentional and wrongful withholding or misrepresentation of information, material and relevant to the harm, which either was required to be submitted before the approval of the drug or device or was related to the safety and efficacy of the drug or device after its approval, under the Federal Food, Drug, and Cosmetic Act (FFDCA) or the Public Health Service Act; or (2) a violation of the FFDCA which was material and relevant to the harm and was committed with the intent to defraud or mislead, as determined by the court and proven by clear and convincing evidence. Prohibits punitive damages against a drug manufacturer where the harm is alleged to relate to the adequacy of the packaging or labeling of a drug required to have tamper-resistant packaging (and related labeling), unless the drug is found by clear and convincing evidence to be substantially out of compliance with Federal regulations. Makes findings with respect to punitive damages relating to drugs and medical devices inadmissible in any criminal proceeding. Requires that civil actions subject to this Act be brought within two years from the time the individual discovered or should have discovered the harm and its cause, with the following exception. Bars actions for harm caused by a product which is a capital good unless the complaint is served and filed within 25 years of the date of delivery of the product to its first purchaser or lessee who was not engaged in the business of selling or leasing it or using it as a component in the manufacture of another product. Applies this capital goods rule only if: (1) the court determines that the claimant has received or would be eligible to receive State or Federal workers' compensation for the harm; and (2) the harm did not include chronic illness. Reduces any damages awarded under this Act by the amount paid in workers' compensation benefits which the claimant-employee is or would be entitled to receive. Provides for such reduction only where the employer or the employer's workers' compensation insurance carrier does not have a lien against the claimant's recovery in a product liability action against a claimant or product seller. Provides that determinations under this Act of workers' compensation benefits shall have no binding effect on, and shall not be used as evidence in, any other proceeding. Allows the claimant to stay product liability actions under this Act until the workers' compensation benefits have been determined. Provides that the employer and its insurance carrier shall have no right of subrogation, contribution, or implied indemnity against an award made under this Act, unless the employer establishes, and the trier of fact determines, that the harm was not caused in any way by fault of the employer or a co-employee. Prohibits any third-party tortfeasor from maintaining any action for implied indemnity or contributions against the employer, any co-employee, or the exclusive representative of the injured party. Provides that nothing in this Act shall affect any provision of State or Federal workers' compensation law which: (1) prohibits a person who is or would have been entitled to receive compensation under such law, or any derivative claim, from recovering in any other action against an employer, employer's insurer, co-employee, or exclusive representative; or (2) permits recovery based on an intentional tort by the employer or co-employee. Declares that this Act's restrictions on third-party claim tortfeasors shall not apply and applicable State law shall control if the employer or its insurer, in a product liability action subject to this Act, asserts or attempts to assert, because of provisions relating to its lack of fault under this Act, a right of subrogation, contribution, or implied indemnity against the manufacturer or product seller or a lien against the claimant's recovery from them. Sets forth standards, procedures, and sanctions relating to frivolous pleadings under this Act. Provides for the availability of information under this Act. Provides that U.S. district courts shall not have jurisdiction over any civil action arising under this Act. Requires the court in which any action is brought under this Act, upon the application of any party to the action, to refer the action to mediation, unless the court determines that the action involves novel or unsettled issues of law or is otherwise unsuitable for mediation. Allows the court to impose fees to cover the costs of the mediation. Makes mediation statements, briefs, and summaries inadmissable in any court or any other evidentiary proceeding. Requires the evaluation by the mediation panel to include a separate award for each claim, crossclaim, counterclaim, or third-party claim. Requires each party to file an acceptance or rejection of the panel's award, with special procedures for multiple parties. Requires that the action proceed to trial with respect to any claim for which any party rejects the mediation award. Makes the findings, evaluations, and awards of the panel and the parties' acceptance or rejection inadmissable at trial. Requires the rejecting party to pay the opposing party's costs, upon request, unless the verdict is more favorable to the rejecting party than the mediation award. Requires each State Attorney General and the Administrative Office of the U.S. Courts to report to the Attorney General, and the Attorney General to report to the Congress regarding implementation of the mediation provisions of this Act. Sets forth definitions under this Act. Excludes commercial loss from the definition of harm. Defines harm as any of the following caused by a product: (1) personal physical illness, injury, or death; (2) mental anguish or emotional harm caused by or causing personal physical illness or injury; or (3) physical damage to property other than the product itself. Directs the Secretary of Commerce (the Secretary) to report to the Congress on the effect of the implementation of this Act upon the cost and availability of product liability insurance. Sets forth requirements relating to the information on which such report is based. Requires such a report annually for ten years, after which the Secretary shall report on the costs and benefits of continuing such reports and continue them only if so requested by a majority of specified congressional committees. Directs the Secretary to report to the Congress on what information is needed to enable the Congress to measure the effect of product liability reforms on product liability actions. Requires consultation with specified entities in making such report. Requires specified information to be included in such report. Requires the report to be submitted within 18 months after the enactment of this Act. Directs the Secretary to report to the Congress on the effect of this Act upon product liability actions, product manufacturers, and product sellers (including small businesses), claimants, and Federal and State courts. Requires such report to assess specified factors. Requires such a report to be made biennially five times, after which the Secretary shall report on the costs and benefits of continuing such reports and continue them only if so requested by a majority of specified congressional committees. Directs the Secretary, upon determining that sufficient data does not exist to measure the effect of product liability reform on litigation, to report on what information is needed to enable the Congress to measure the effect of product liability reforms on product liability actions. Requires consultation with specified entities in making such report. Requires specified information to be included in such report. Requires the report to be submitted within 18 months after enactment of this Act. Declares that this Act shall not apply to any product liability cause of action arising from the use of a product before the date of enactment of this Act against a person who is a debtor in a case commenced on a specified date under bankruptcy provisions of Federal law.
United States · United States Congress · 21 June 1989
Broadcast Radio Quality Improvements Act of 1989 - Amends the Communications Act of 1934 to require, by January 1, 1992, that radio reception devices designed for consumer use that are imported or shipped in interstate commerce for sale and resale to the public be capable of: (1) receiving all broadcast radio frequencies; and (2) receiving stereophonic sound on the amplitude modulation broadcast band, if such device is capable of receiving such sound on such band. Provides for the enforcement of such provision. Requires the Federal Communications Commission (FCC), in considering applications for radio licenses, to grant licenses which further locally oriented service and which will assure provision of interference-free radio service to the public. Prohibits the FCC from adopting a rule or policy which would generally increase interference on either the amplitude modulation or frequency modulation broadcast bands. Requires the FCC to adopt rules and policies which would reduce such types of interferences. Provides as one such rule or policy the voluntary reassignment of licensees of certain existing daytime-only amplitude modulation stations to the expanded amplitude modulation band. Outlines conditions for such reassigned broadcasting arrangements. Directs the FCC to conduct a study of, and report to the Congress on, the nonbroadcast sources of technical interference to the amplitude modulation broadcast band. Places certain limitations on the rebroadcasting by FM translator stations of the radio signals of local broadcast stations.
United States · United States Congress · 15 June 1989
Satellite Public Education and Information Act of 1989 - Amends the Communications Act of 1934 to prohibit the encryption of any broadcast program intended for private viewing if the production or broadcasting is subsidized by the Government. Defines a program or broadcast as subsidized by the Government if: (1) tax-derived funds defray any part of the cost of producing the program; (2) tax-derived sources have paid for at least part of the broadcast's direct cost; (3) tax-exempt organizations provide any direct grant or other payment for defraying production or broadcasting costs; or (4) tax-exempt organizations produce or broadcast the program.
United States · United States Congress · 15 June 1989
Space Transportation Services Purchase Act of 1989 - Requires the Federal Government to purchase space transportation services from commercial providers, unless on a case-by-case basis: (1) the Secretary of Defense certifies to the National Space Council that national security reasons require otherwise; (2) the Administrator of the National Aeronautics and Space Administration certifies to the Council that the unique capabilities of the space shuttle are required; or (3) the Secretary of Transportation finds that the services required are unavailable at a reasonable cost from commercial providers. Requires the Federal Government to acquire only space transportation vehicles manufactured in the United States of primarily U.S.-made components, and only as required under this Act or by NASA for conducting research and development on space transportation technology. Requires contracts to provide space transportation services to be awarded through the competitive bidding process among U.S. persons. Requires other activities of the Government relating to: (1) commercial payloads on the space shuttle; (2) grants for space transportation services; (3) expenditures for international activities or organizations using space transportation services; and (4) studies on future space transportation services.
United States · United States Congress · 15 June 1989
Solid Waste Prevention Act - Directs the Administrator of the Environmental Protection Agency to establish within the Office of Research and Development a program to support the development of technologies and other means of assisting State and local governments in preventing solid wastes. Requires the Administrator, through grants, contracts, or other means, to emphasize research into: (1) developing improved solid waste prevention and recycling technologies and methods; (2) determining types of materials and packaging that could be recycled more easily; and (3) identifying markets for recycled materials. Directs: (1) the Administrator to establish a program of research grants to State and local governments that have solid waste prevention and recycling programs to enable such governments to evaluate the effectiveness of their programs and determine ways in which they could be improved; and (2) each State or local government receiving such a grant to report to the Administrator on the results of such research. Specifies that such grants, in combination with any other Federal funds, shall not exceed 50 percent of the costs of any project assisted under this Act. Requires the Administrator to: (1) disseminate to the public and private sectors information obtained from solid waste prevention research or State evaluation research grants; (2) provide technical assistance to State and local governments; and (3) submit to the Congress, by January 1, 1991, and annually thereafter, a report describing program accomplishments, identifying and ranking technical or other management actions that could be taken by State and local governments according to their cost and effectiveness in preventing solid wastes, and outlining future research needs. Authorizes appropriations for FY 1990 through 1994.
United States · United States Congress · 14 June 1989
Living Wage Act of 1990 - Title I: Earned Income Tax Credit - Amends Internal Revenue Code provisions governing the earned income tax credit to: (1) increase from $5,714 to $7,000 the amount of earned income subject to the credit; (2) increase the basic credit from 14 percent to 15 percent; and (3) add additional credits to apply to not more than four children of five percent for each dependent school age child between age six and age 16 and ten percent for each preschool age child. Reduces the amount of the credit for taxpayers with adjusted gross income over $40,000. Indexes amounts relating to the credit beginning in 1992. Disallows application of the nonrefundable dependent care income tax credit with respect to a taxpayer's dependents under age 13, unless the child is physically or mentally incapable of self-care. Permits the credit with respect to handicapped children under age 15 only if the taxpayer elects not to include the child within the framework of the earned income credit. Repeals provisions of the Family Support Act of 1988 that revise the way in which the earned income credit is treated in the context of needs analysis for purposes of State plans for aid and services to needy families with children under title IV of the Social Security Act. Title II: Federal Minimum Wage - Amends the Fair Labor Standards Act of 1938 (the Act) to increase the minimum wage per hour from $3.35 in 1989 to: (1) $3.65 in 1990; (2) $3.95 in 1991; and (3) $4.25 in 1992 and thereafter. Increases the tip credit under the Act from 40 percent to 50 percent. (The tip credit deems the amount paid to a tipped employee, for minimum wage purposes, to be increased by an amount determined by the employer, but not by an amount in excess of the specified percentage of the applicable minimum wage rate). Increases the small business exemption by revising the definition of an enterprise engaged in commerce, for purposes of coverage under the Act ("the enterprise test"). Exempts from such coverage enterprises whose annual gross volume of sales or business is less than $500,000 (currently $362,500), effective in 1990. Requires employers who were covered in 1988, but who are exempt under the new threshold, to continue to pay the $3.35 per hour minimum wage. Authorizes employers, in lieu of the minimum wage, to pay a newly hired employee not less than $3.35 an hour and thereafter not less than 80 percent of the increased minimum wage. Applies the rights and protections of the Fair Labor Standards Act of 1938 to employees in the House of Representatives, employees under the Architect of the Capitol, and employing authorities of the House of Representatives. Authorizes employers to employ any employee for periods of not more than ten hours in excess of the 40-hour maximum without paying overtime if during such periods the employee is receiving remedial education.
United States · United States Congress · 13 June 1989
Prohibits nondiscriminatory treatment (most-favored-nation treatment) to the products of China. Amends the Foreign Assistance Act of 1961, as amended, to prohibit the Overseas Private Investment Corporation from extending loans, credits, or insurance to such country.
United States · United States Congress · 13 June 1989
Amends the Internal Revenue Code to permit tax-exempt private foundations and community foundations to establish tax-exempt cooperative service organizations to operate exclusively for charitable purposes.
United States · United States Congress · 13 June 1989
Designates August 1, 1989, as Helsinki Human Rights Day. Authorizes and requests the President to: (1) reassert American commitment to the Helsinki Accords; (2) raise the issue of noncompliance with such Accords with any signatory nation which may be in violation, in particular, the Soviet Union, Bulgaria, Czechoslovakia, the German Democratic Republic, Hungary, Poland, and Romania; (3) convey to all signatories of such Accords that respect for human rights and fundamental freedoms is vital to progress in the ongoing Helsinki process; and (4) convey to U.S. allies the necessity of unity regarding such Accords.
United States · United States Congress · 13 June 1989
Amends rule XXXIII of the Rules of the House of Representatives to require that a portion of the House gallery be set aside for use by scholars of the Congress.
United States · United States Congress · 8 June 1989
Hazardous Materials Transportation Act Amendments of 1989 - Amends the Hazardous Materials Transportation Act (the Act) to require the Secretary of Transportation to issue regulations requiring any generator of a shipment of hazardous materials to transmit a manifest of its contents and the license plate or other identifying number of the carrier to the central reporting system and data center. Requires the Secretary to enter into a contract under which a private entity shall establish a central reporting system and data center to provide law enforcement and firefighting personnel with information and advice on dealing with emergencies connected with the transportation of hazardous materials (currently the Secretary is required to establish and maintain such a system and data center). Prohibits the appropriation of Federal funds for such system and data center. Permits the private entity to impose a fee for manifesting such a shipment if the generator is a Federal agency. Directs the Secretary to study the flow of hazardous materials in the United States. Requires the Secretary, in collaboration with the private entity, to report the results of such study to the Congress. Increases both civil and criminal penalties for violations under the Act. Sets forth specified terms and conditions with respect to the private entity's establishment and maintenance of the reporting system and data center.
United States · United States Congress · 6 June 1989
Designates June 21, 1989, as Chaney, Goodman, and Schwerner Day. Expresses the sense of the Congress that the Voting Rights Act of 1965 has helped to fulfill the promise of democracy in this Nation. Reaffirms the goal of removing remaining barriers to full voter participation in this Nation.
United States · United States Congress · 24 May 1989
Requires the Secretary of the Army, when maintaining, repairing, rehabilitating, or reconstructing a water resources project which will result in a change in its configuration, to carry out construction in a manner which will not adversely affect any recreational use. Directs the Secretary to take action as necessary to restore recreational use or provide alternative opportunities for comparable recreational use, if maintenance, repair, rehabilitation, or reconstruction of a water resources project results in a change in the configuration of such project and has an adverse effect on a recreational use. Requires the Secretary to cooperate and consult with the affected Federal, State, and local governments and local interests.
United States · United States Congress · 24 May 1989
Child Labor Deterrence Act of 1989 - Urges the President to propose to the United Nations Economic and Social Rights Committee that the Convention for the Rights of the Child include a worldwide ban on trade in products of child labor. Requires the Secretary of Labor to identify foreign countries that: (1) have not adopted, or enforced, prohibitions against the use of child labor in the manufacture of products; and (2) have exported products of child labor to the United States. Authorizes any person to file a petition with the Secretary requesting that a particular country be identified. Requires the Secretary, before making such identification, to: (1) consult with the U.S. Trade Representative, the Secretary of State, and the Secretary of the Treasury; and (2) publish notice in the Federal Register that such identification is being considered and invite public comment. Directs the Secretary of Labor to transmit to the Congress a report with respect to the national laws and practices of foreign countries pertaining to the commercial exploitation of children. Prohibits the importation of products which have been produced by child labor. Sets forth civil and criminal penalties.
United States · United States Congress · 24 May 1989
Older Americans' Freedom to Work Act of 1989 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to remove the limitation on the amount of outside income which beneficiaries who have attained retirement age may earn without incurring a reduction in benefits.
United States · United States Congress · 23 May 1989
American Family Act of 1989 - Title I: Programs Focusing on Education - Directs the Secretary of Education (the Secretary for purposes of this title) to make five-year grants to not more than ten State educational agencies for school-based management projects in one or more local educational agencies (LEAs) in those States. Authorizes appropriations for FY 1990 through 1994. Amends the Elementary and Secondary Education Act of 1965 (ESEA) to authorize the Secretary to make grants to LEAs for parental choice open enrollment programs in public schools. Requires an independent evaluation of such programs to be reported to the Congress by October 1, 1992. Authorizes appropriations for FY 1990. Amends ESEA to direct the Secretary to make grants to eligible LEAs for character education programs. Requires LEAs, as a condition of eligibility for such grants, to certify that the Pledge of Allegiance to the Flag is part of the daily program of each of their elementary and secondary schools. Directs the Secretary to disseminate information on successful character education programs. Authorizes appropriations for FY 1990. Directs the Secretary to make bootstrap school program competitive grants to eligible LEAs which serve qualified areas to enhance the quality of primary and secondary education. Requires that special consideration be given to applications that describe programs which will serve poverty areas. Authorizes appropriations for FY 1990. Directs the Secretary to make three-year grants to not more than five States to provide bonus pay to special education teachers as an incentive to keep them in that field. Authorizes appropriations for FY 1990 through 1992. Title II: Family Support and Stability - Requires congressional committees to include family impact statements in their reports of public bills or joint resolutions. Makes it not in order for either House of the Congress to consider a public bill or joint resolution if the committee report does not contain such a statement. Amends the Congressional Budget Act of 1974 to direct the Congressional Budget Office to assist such committees, at their request, to prepare such statements. Requires each executive agency to include a family impact statement in every recommendation or report on a proposal for legislation or other major Federal action significantly affecting families in the United States. Requires each agency to use approaches and develop procedures to give appropriate consideration to potential effects of its proposed actions, decisions, and activities on such families. Requires agency review of existing authorities, rules, and policies and procedures, and a report to the President and the Congress on such review, with recommendations, within one year after enactment of this Act. Amends the Internal Revenue Code to provide for a refundable child tax credit and a refundable child and dependent care tax credit. Amends the United States Housing Act of 1937, as amended by the Housing and Community Development Act of 1987, to direct public housing agencies to set maximum monthly rents for their tenants. Amends the Federal criminal code to make it a Federal criminal offense to leave or remain outside a State for the purpose of avoiding payment of arrearages in child support. Title III: Programs Focusing on Children - Directs the Secretary of Health and Human Services (HHS) to make grants to eligible applicant organizations to improve health, family, and preschool services for families with children under age 13. Sets forth eligibility requirements for such organizations, including location in or near a high risk area for infant mortality, teenage pregnancy, or high school dropouts. Includes among such services prenatal and postnatal care, nutritional lunches, on-site nurse practitioners, family drop-in centers, Head Start program associated services, parenting education, drug abuse prevention, family- or center-based child care, and after-school child care. Gives primary consideration to the service delivery location. Limits such grants to a specified portion of start-up costs. Authorizes appropriations for FY 1990. Directs the Secretary of Education to allot funds to State education agencies, according to a formula based on State population, for demonstration grants for LEA early childhood education programs. Authorizes appropriations for FY 1990. Directs the Secretary of Education to make a grant to each of 20 eligible applicant LEAs for early childhood family education programs in public schools that are in the greatest need. Authorizes appropriations for FY 1990 for grants to schools in greatest need. Directs the Secretary of Education to disseminate to States and LEAs information on the Parents as Teachers Program National Center sponsored by the State of Missouri and the Early Childhood Education Project sponsored by the State of Minnesota. Authorizes appropriations for FY 1990. Directs the Secretary of HHS to make grants to eligible applicant organizations for family preservation programs to assist families in order to prevent the placement of children in foster care. Requires that such assistance include all of the following: (1) clothing; (2) cleaning and housing locator services; (3) family counseling and communication skills services; and (4) referrals to other organizations and State agencies. Gives preference to applicants in areas with the highest percentages of children in foster care, but requires that a diversity of geographical areas be represented among grant recipient locations. Requires that ten grants for training, technical assistance, and program implementation be made in ten different geographical areas. Directs the Secretary of HHS to enter into a contract with a selected organization to study and report on the effectiveness of programs receiving such grants. Authorizes appropriations for FY 1990. Amends the Internal Revenue Code to allow a tax deduction for certain limited expenses of adopting a child with special needs. Amends Federal law relating to the Armed Forces to authorize the Secretary of Defense to reimburse any member of the armed forces serving on active duty for certain limited expenses of adopting a child under age 18. Repeals specified provisions of the National Defense Authorization Act for Fiscal Years 1988 and 1989 which provided for a test program for reimbursement of adoption expenses. Amends the Internal Revenue Code to provide for an exclusion from the gross income of an employee of certain limited amounts paid or expenses incurred by the employer for adoption assistance provided to the employee if it is furnished under an adoption assistance program. Amends Federal law to provide for reimbursement to a Federal employee of certain limited expenses of adopting a child under age 18 (but not including an adoption in which one of the adopting parents is the biological parent). Requires the Director of the Office of Personnel Management to prescribe regulations for such child adoption benefits, except that specified officials of legislative and judicial branches shall prescribe regulations for their respective employees. Directs the Attorney General to make incentive grants to eligible States which by September 30, 1990, enact and enforce State laws requiring juvenile offenders and their parents to pay restitution to their victims. Sets forth reporting requirements. Authorizes appropriations for FY 1990. Directs the Attorney General to make incentive grants to eligible States which by September 30, 1990, enact and enforce State laws that require juvenile offenders to pay restitution to their victims and to: (1) serve a term of confinement at a correctional facility if their offense was violent; or (2) perform community service if their offense was nonviolent. Sets forth eligibility requirements identical to those for the aforementioned grants for restitution laws. Authorizes appropriations for FY 1990. Directs the Administrator of the Office of Juvenile Justice and Delinquency Prevention (the Administrator) to make incentive grants to eligible States which by September 30, 1990, enact and enforce State laws that: (1) provide for appropriate treatment for alcohol and drug abuse, counseling, and employment of juvenile offenders upon release; and (2) require that a single caseworker be assigned to each such juvenile to obtain available services, coordinate the juvenile's activities, and perform all required supervisory functions. Bases such grants on need, giving special consideration to States containing areas in which a large number of juveniles participate in activities of gangs that commit crimes. Authorizes appropriations for FY 1990. Authorizes the Administrator to make grants to eligible States to carry out not fewer than ten demonstration projects to provide character education to juveniles confined to juvenile detention facilities for being delinquent. Authorizes appropriations for FY 1990. Directs the Administrator to establish and operate a clearinghouse on juvenile justice in the Office of Juvenile Justice and Delinquency Prevention for information on criminal gangs with juvenile members. Authorizes appropriations for FY 1990. Authorizes the Administrator to make grants to private nonprofit community-based organizations for activities to prevent or reduce the participation of juveniles in the activities of gangs that commit crimes. Authorizes appropriations for FY 1990. Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to eliminate restrictions on the child's insurance eligibility of individuals who are legally adopted in the United States by parents who are already entitled to old-age or disability insurance benefits. Directs the Secretary of Education to make three-year grants to not more than five States to provide bonus pay to special education teachers as an incentive to keep them in that field. Authorizes appropriations for FY 1990 through 1992. (These provisions are identical to provisions at the end of title I of this Act.) Amends the Family Violence Prevention and Services Act to authorize the Secretary of HHS to make not more than eight grants to nonprofit private entities for demonstration projects to provide model shelters for victims of family violence and their dependents. Requires grant recipients to: (1) also use non-Federal contributions; (2) provide a variety of specified services; (3) utilize a significant number of volunteers; (4) respond to emergencies at all hours; (5) encourage victims and dependents to reside at the shelter for from three to 12 months; (6) provide at least 40 beds; and (7) assure their future access to other resources to continue operation. Requires equitable geographic distribution, including one grant for a model shelter in the District of Columbia. Requires evaluation of such projects and dissemination of results. Authorizes appropriations for FY 1990. Terminates such grants program after a specified aggregate amount has been obligated. Amends the Public Health Service Act to direct the Secretary of HHS to establish, and the Assistant Secretary of Health to administer, a program of demonstration grants to teaching hospitals or community mental health centers with staff affiliations with teaching hospitals to provide comprehensive family drug treatment programs and social work follow-up for individuals in such programs. Directs the Assistant Secretary of Health to award ten such grants in limited amounts and terms. Requires grant recipients to provide program evaluation data to media agencies within their State and to State and local agencies involved in drug-related activities. Authorizes appropriations. Title IV: Sunset Provision - Terminates the grant programs established by this Act at the end of the last fiscal year for which appropriations are authorized.
United States · United States Congress · 22 May 1989
Cable Competition Act - Amends the Communications Act of 1934 to authorize a State or cable television franchising authority to regulate the rates that a cable operator may charge for the provision of lifeline television services for any franchising area which is not provided with cable service by two or more cable operators. Defines the "lifeline television service" as the provision of: (1) channels of the three major networks; (2) a public television channel; and (3) one channel carrying each independent local television station. Repeals a provision of such Act which prohibits a telephone company from providing video programming in its telephone service area. Allows a telephone company to: (1) provide video programming directly to subscribers; or (2) provide rental arrangements to any entity which is owned or controlled by, or under common control with, such telephone company for the provision of such video programming. Directs the Federal Communications Commission (FCC) to prescribe regulations to ensure that: (1) the economic risks of video programming business of a telephone company are not borne by telephone service ratepayers in any way; and (2) a common carrier providing video services allocates costs in a manner which protects basic telephone ratepayers from subsidizing the provision of cable video programming. Prohibits a telephone company from providing video programming services if prohibited from doing so by Federal antitrust laws. Makes it unlawful for any person (including a common carrier) to purchase or otherwise acquire control of a cable system without the permission of the franchising authority for that cable system. Prohibits a franchising authority from granting such authority unless: (1) it determines that cable subscribers will benefit from such acquisition; (2) it determines that the number of channels, the signal quality, and the types of services will be expanded; and (3) the person acquiring the cable system agrees to include an obligation to achieve such expanded benefits and services for its customers. Requires a cable operator to: (1) provide cable system access to any program service, except under specified conditions; (2) provide cable system access to any unaffiliated program service under the same rates, terms, and conditions as provided to an affiliated program; and (3) comply with regulations prescribed by the FCC which ensure such access. States that any regulations prescribed by the FCC shall not relieve a common carrier who provides cable service from any regulations under the above Act or any other regulations concerning open network architecture plans and related requirements. Makes it unlawful for any person affiliated with a cable operator who provides programming to any cable operator to engage in any unjust or unreasonable discrimination in charges, practices, regulations, facilities, or services against any person seeking to obtain such programming for distribution over another capable system or over any other medium capable of making the programming available for private viewing. Empowers U.S. district courts with jurisdiction to enforce such prohibitions. Directs the FCC to initiate a proceeding to investigate: (1) the extent to which affiliated persons are engaged in producing and distributing video programming for carriage on cable television systems; and (2) the degree to which such operations result in higher rates for television service or unfair or anticompetitive acts or practices with respect to such programming. Requires the FCC to report immediately to the Attorney General or the Federal Trade Commission (FTC) any acts or practices found during such investigation that appear to violate any law within the jurisdiction of the Attorney General or the FTC. Directs the FCC to report to the Congress on the results of such investigation within one year after the enactment of this Act. Directs the FCC to initiate a proceeding to investigate: (1) the extent to which video programming is being delivered to residents of rural areas by means of cable television systems and other media; and (2) methods which might be used to improve and extend the delivery of such programming by such media. Directs the FCC to report the results of such investigations to the Congress within one year after enactment of this Act.
United States · United States Congress · 18 May 1989
Chemical and Biological Weapons Nonproliferation Act - Sets forth U.S. policy concerning chemical and biological weapons. Requires the Secretary of Commerce to issue such regulations, licenses, and orders as may be required to control the export of materials, equipment, and technology having significance for the manufacture or use of chemical and biological weapons. Makes subject to the penalties imposed by the Export Administration Act of 1979 any person who violates any regulation, license, or order issued by the Secretary. Requires the Secretary of State to assess the risk of the proliferation of chemical and biological weapons. Specifies particular matters to be considered by such assessment and requires such assessment to give particular attention to the materials, equipment, and technology that have direct significance for the production and use of chemical and biological weapons. Requires the Secretary of State to submit to the Congress a biannual report describing the status of: (1) control of the proliferation of chemical and biological weapons; (2) efforts to prevent the spread of such weapons; and (3) programs to control the export of materials, equipment, and technology having direct significance for the production of chemical and biological weapons. Requires the Secretary of State to establish a Chemical Industry Advisory Group to provide advice to the Secretary concerning such assessment and such biannual report. Requires the Secretary of State to inform the appropriate committees of the Congress of developments of significance to the proliferation and control of chemical and biological weapons.
United States · United States Congress · 17 May 1989
Irrigation Subsidies Reform Act of 1989 - Amends the Agricultural Act of 1949 to prohibit a producer who receives Federal irrigation water at less than full cost from participating in any agricultural price and income support program.
United States · United States Congress · 17 May 1989
Public Housing Resident Empowerment Act of 1989 - Amends the United States Housing Act of 1937 with respect to public housing resident management corporations (RMC) to: (1) require lump-sum comprehensive improvement assistance to enable projects to establish rehabilitation reserves; (2) increase and extend resident management technical assistance through FY 1991; and (3) require specified public housing agencies to develop resident management and homeownership plans. Amends such Act with respect to public housing homeownership to: (1) limit annual individual and aggregate assistance limits; and (2) make assistance authority permanent.
United States · United States Congress · 17 May 1989
Prohibits the President from relinquishing or transferring to any country any land, U.S. territory, exclusive economic zone, fishery conservation zone, or any U.S. claim to such areas unless provided for in a treaty between the United States and such country. Declares that a boundary between the United States and any other country may be established only by treaty.
United States · United States Congress · 17 May 1989
Amends the Internal Revenue Code to: (1) extend for three years, through 1992, the investment tax credit in connection with depreciable solar energy property and geothermal property; and (2) permit this credit against the taxpayer's entire regular tax liability and minimum tax liability.
United States · United States Congress · 16 May 1989
Amends the Federal judicial code to prohibit States from: (1) imposing a higher tax assessment ratio upon natural gas transmission property than is imposed upon other commercial and industrial property; (2) collecting an ad valorem property tax on natural gas transmission property at a tax rate that exceeds the rate applicable to commercial and industrial property in the same assessment jurisdiction; and (3) imposing any other tax that discriminates against a natural gas company subject to the jurisdiction of the Federal Energy Regulatory Commission, with an exception for fees charged gas companies for safety, environmental, or land use purposes. Grants Federal district courts concurrent jurisdiction (without regard to the amount in controversy or the citizenship of the parties) to enjoin, suspend, restrain, or set aside such discriminatory tax treatment. Permits relief only if the ratio of assessed value to true market value of natural gas transmission property exceeds by at least five percent that of other commercial and industrial property in the taxing jurisdiction.
United States · United States Congress · 16 May 1989
Correctional Alternatives Act of 1989 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Director of the Bureau of Justice Assistance to make grants to States to carry out: (1) projects that demonstrate alternatives to incarcerating individuals who are convicted of nonviolent crimes; and (2) jointly with private entities, vocational educational projects, and job training projects, that are also alternatives to incarcerating such individuals. Sets forth the application procedure for such grants. Authorizes appropriations for FY 1990 through 1993.
United States · United States Congress · 16 May 1989
Women's Business Equity Act - Amends the Small Business Act to establish the Office of Women Business Enterprise (the Office) to promote executive branch programs which facilitate women's business enterprises. Authorizes the Office to develop comprehensive interagency plans and specific program goals for women's business enterprises. Sets forth certification guidelines for such enterprises. Adds to existing goals for participation of small business concerns in Federal procurement contracts the participation of small business concerns owned and controlled by women. Requires the head of each Federal agency to report to the Small Business Administration (SBA) on the extent that small business concerns owned and controlled by women participate in procurement contracts and subcontracts. Declares it to be the policy of the United States that small business concerns owned and controlled by women shall have the maximum opportunity to participate in the performance of contracts and subcontracts let by any Federal agency. Precludes the award of any contract unless the procurement authority determines that the offeror's plan includes the maximum opportunity for participation of small business concerns owned and controlled by women. Requires the SBA to report annually to certain congressional committees on subcontracting plans found acceptable by any Federal agency which the SBA determines do not contain maximum opportunities for small business concerns owned and controlled by women. Requires each Federal agency having procurement powers to: (1) affirmatively solicit offers from small business concerns owned and controlled by women and socially and economically disadvantaged individuals; and (2) include at least one bid from a women-owned business enterprise for specified small purchases of such agency. Imposes penalties for the misrepresentation of a business concern as one owned or controlled by women.
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.
United States · United States Congress · 16 May 1989
Slepak Principles Act - Declares it is the purpose of this Act to create principles, similar to those proposed by Vladamir Slepak (a founding member of the Moscow Helsinki Monitoring Group) governing the conduct of industrial cooperation projects of U.S. nationals in the Soviet Union and the Baltic States. Expresses the sense of the Congress that U.S. nationals engaged in such projects should adhere to the Slepak Principles and thus: (1) provide no assistance for the Soviet military; (2) suspend the use of goods produced by forced labor; (3) seek the protection of human rights as it relates to Soviet employee rights; (4) decline to participate in any project if it uses a structure used for religious activities; (5) pose no danger to Soviet employees; (6) refuse to extend untied loans to the Soviet Union; and (7) strive to use business enterprises that are not controlled by the Soviet Union. Sets forth specified registration and reporting requirements. Declares that U.S. agencies may intercede with a foreign government or foreign national regarding export marketing activity on behalf of a U.S. national if such national adheres to the Slepak Principles.
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
Amends the Federal Aviation Act of 1958 to prohibit a person from acquiring control of an air carrier unless the Secretary of Transportation finds that such acquisition would not result in an increase in the carrier's debt-to-equity ratio to a level greater than one-to-one. Declares that the Secretary may approve an acquisition of control of an air carrier which would result in a debt-to-equity ratio increase to a level greater than one-to-one if the Secretary finds that: (1) such air carrier would continue to be fit, willing, and able following such acquisition; and (2) such acquisition would not be to the detriment of the public interest.
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).
![Official portrait of Rep. Henry, Paul B. [R-MI-5]](https://www.congress.gov/img/member/h000514_200.jpg)