United States · United States Congress · 23 March 1989
Child Care Services Improvement Act of 1989 - Title I: Choices for Working Families Credit - Amends the Internal Revenue Code to increase the amount of the earned income tax credit and to adjust it according to the number of children in a family. Title II: Child Care Block Grant - Subtitle A: Child Care Block Grant - Amends title XX of the Social Security Act to authorize appropriations for FY 1990 through 1992 for allotments to States for grants to eligible entities for child care related projects. Directs the Secretary of Health and Human Services (the Secretary for purposes of this title) to make allotments to States through a formula based on the number of children under 13 years of age living in a household whose income is not greater than 200 percent of the poverty level, adjusted for family size. Sets the Federal share at 80 percent of the project grants. Makes eligible for such grants: (1) local government units, including school districts; (2) nonprofit organizations; (3) professional or employee associations; (4) one or more small businesses; (5) higher education institutions; (6) hospitals or health care facilities; (7) family care providers; or (8) entities the State considers able and appropriate to carry out such a project. Allows a State to make such grants to eligible entities for: (1) child care certificate programs or scholarships enabling low-income families to obtain adequate child care; (2) community or neighborhood child care centers and homes, including renovation of public buildings for such purposes; (3) after school child care programs; (4) grants or loans for start-up costs of employer-sponsored child care programs; (5) training programs for child care providers; (6) temporary care of sick children unable to attend their regular child care programs; (7) expansion of existing part-day child care programs into full-day child care programs; (8) child care programs for homeless children; and (9) child care programs with programs to assist the elderly. Requires States to meet specified certification requirements, including establishment of standards of accreditation or licensing for family-based and group child care providers and methods of inspection and certification based on such standards. Requires annual State reports. Directs the Secretary to summarize State reports annually for the Congress. Requires grant recipients to cover between ten percent and 50 percent of the project cost with non-Federal funds. Directs each State Governor to establish an advisory council on child care. Directs the Secretary to conduct and support: (1) research on the effectiveness of early childhood education and quality child care on child growth and development; and (2) demonstration programs to test the effectiveness of innovative child care arrangements and programs (including at least ten grants to entities in accordance with subtitle B of this title). Subtitle B: Quality Child Care Demonstration Projects - Authorizes the Secretary to make grants to not more than ten eligible public agencies and private entities, in urban and rural areas, to administer child development models. Directs the Secretary to report to the Congress by April 1, 1992, on the operation of the child development models that received grants, with a summary of their evaluation reports. Subtitle C: Revolving Loan Fund - Provides assistance for State-established revolving loan funds to enable family-based child care providers to meet accreditation or licensing standards. Requires each applicant State to provide in its plan for such assistance to have established a revolving loan fund along with specified procedures and guidelines. Authorizes appropriations for FY 1990, to remain available for assistance to States for FY 1990 through 1992. Directs the Secretary to make allotments to States through a formula based on the number of children under 13 years of age. Title III: Building Blocks for Employer/Employee Child Care Partnerships - Amends the Internal Revenue Code to provide that a plan shall not be treated as a cafeteria plan unless it provides an option to choose benefits under a dependent care assistance program. Establishes a tax credit for employers who provide qualified child care facilities. Provides that certain earnings from the provision of qualified family-based or in-home child care services are entitled to: (1) special rules for and a lower rate of self-employment tax; and (2) exemptions from wage withholding and estimated tax requirements (under the Internal Revenue Code and the Social Security Act). Title IV: Child Care Liability - Subtitle A: Child Care Liability Reform - Applies the provisions of this subtitle, with specified exceptions, to any civil action, in any State or Federal court, against any child care provider who is in compliance with the licensing or accreditation requirements of the State in which the provider is located. Makes this part inapplicable to civil actions for intentional torts. Provides that this part shall preempt and supersede Federal or State law only to the extent such law is inconsistent with this part. Sets forth certain defenses, rules, and rights which are not affected by this part. Makes joint and several liability inapplicable to any action subject to this subtitle. Makes an exception for concerted actions. Provides for reduction of awards for damages in cases of collateral sources of compensation. Sets forth standards and procedures for the award of punitive or exemplary damages in civil actions to which this subtitle applies. Provides that nonprofit corporations or local educational agencies are not liable for damages in any civil action to which this subtitle applies which is brought against a separate child care-providing corporation or business organization of which they are the parent or majority owners. Encourages States to establish expedited and simplified procedures under which nonprofit organizations and local educational agencies may inexpensively and quickly incorporate or otherwise organize such entities as separate child care providers. Subtitle B: Child Care Liability Risk Retention Group - Authorizes any State to assist in the establishment and operation of a child care liability risk retention group (i.e. a corporation or other limited liability association whose members are child care providers licensed or accredited pursuant to State or local law or standards and which otherwise satisfies specified criteria for risk retention groups). Requires State plans to: (1) identify the lead agency designated and responsible for the administration of funds under this part; (2) provide that all participants in the child care liability risk retention group are child care providers who are licensed or accredited pursuant to State or local law or standards; (3) provide for maximum membership of family-based child care providers in the group; (4) provide that the State shall use at least the amount allotted to establish or maintain a liability risk retention group for child care providers; and (5) specify how any such liability risk retention group will continue to be financed after FY 1992, including financing through contributions by the State or by members of such pool. Directs the Secretary of Health and Human Services to review and approve State plans and to monitor State compliance with requirements of this subtitle. Provides for suspension of payments upon a finding of noncompliance. Authorizes appropriations for FY 1990 to remain available for assistance to States for FY 1990 through 1992. Directs the Secretary of Commerce to allot funds to States on the basis of the number of children under 13 years of age. Title V: President's Award for Responsive Management Policy - Establishes the President's Award for Responsive Management Policy to honor public and private sector employers who have: (1) successfully implemented in their businesses family-oriented personnel programs and policies responsive to child care needs of working parents; or (2) made significant contributions to child care projects in their communities. Directs the President, through the Secretary of Labor, to solicit nominations.
United States · United States Congress · 23 March 1989
Honest Compensation Act - Amends the Supplemental Appropriations Act, 1983 to prohibit Members of Congress from accepting honoraria after December 31, 1990. Amends the Legislative Reorganization Act of 1946 to defer pay adjustments for Members until the beginning of the next Congress. Amends the Federal Salary Act of 1967 to prohibit the recommendations of the President with respect to congressional salaries from taking effect unless a joint resolution of approval is passed by the House of Representatives and the Senate by a recorded vote. Amends the Federal Election Campaign Act of 1971 to prohibit the personal use of campaign funds by congressional candidates.
United States · United States Congress · 23 March 1989
Family Educational Opportunity Act of 1989 - Amends the Higher Education Act of 1965 to remove from the computation of expected family contribution in the determination of need for assistance under the title IV (Student Assistance) Pell Grant program and other title IV student assistance programs the following assets: (1) the family's principal place of residence; (2) a family farm on which the family resides; or (3) a small business substantially owned and managed by a member or members of the family.
United States · United States Congress · 23 March 1989
Recycling Information Clearinghouse Act of 1989 - Amends the Solid Waste Disposal Act to require the Environmental Protection Agency to establish a clearinghouse for information about the recycling of municipal solid waste, to be administered by the Office of Solid Waste. Requires that the information collected and disseminated to the public by such clearinghouse include: (1) an annual estimate of the volume and rate of recycling of materials from the municipal solid waste stream; (2) an annual estimate of the balance of trade in recycled materials and products; (3) economic data comparing the costs and benefits of recycling various materials from the municipal solid waste stream; (4) a catalog of State and local laws that encourage or require the recycling of materials from the municipal solid waste stream; (5) a list of all purchases of recycled materials or products by the Federal Government, organized by agency and the type of recycled materials or products purchased; (6) a register announcing all solicitations by Federal agencies for the purchase of recycled materials or products; (7) information about state-of-the-art recycling methods, programs, or technologies; and (8) a register of all potential purchasers of recycled materials. Requires that a toll-free telephone hotline be established and made available to those seeking information from the clearinghouse. Provides that, to the extent feasible, such information should be computerized to facilitate its analysis and retrieval. Makes a State ineligible for solid waste disposal assistance after December 31, 1990, unless the State maintains and publicizes a register of potential purchasers of recycled materials known to the State solid waste planning authorities. Requires such register to be periodically updated and submitted to the clearinghouse. Authorizes appropriations for such clearinghouse.
United States · United States Congress · 23 March 1989
Uniform Product Liability Act of 1989 - Governs any product liability action brought in either State or Federal court against a manufacturer or product seller for personal injury, property damage, or commercial loss, superseding State law whenever this Act establishes a rule of law applicable to recovery for the harm in question. Describes the scope of preemption. Authorizes States to develop or implement alternative procedures, standards, or systems not inconsistent with this Act. Denies manufacturer liability for harm caused by an unreasonable or unforeseeable use or alteration of a product or by a danger known to be inherent to the product and incapable of mitigation. Describes conditions under which a manufacturer will not be held liable for harm caused by product design or failure to warn. Describes conditions governing product seller liability, holding a seller liable only if the claimant establishes by a preponderance of the evidence that: (1) the seller's failure to exercise reasonable care with respect to the product was the proximate cause of the harm in question; or (2) the harm was caused by the product's failure to conform to the seller's express warranty. Describes: (1) defenses applicable in product liability cases; (2) the respective liability of codefendants; and (3) standards and limitations to govern awards of punitive damages. Imposes a two-year statute of limitations with respect to product liability actions, with longer periods applicable in cases involving capital goods and aviation accidents. Prescribes coordination requirements in connection with product liability actions that also involve workers' compensation awards. Directs any court in which a product liability action is brought to give the parties the opportunity to engage in nonbinding arbitration with respect to the claim in question. Describes conditions to govern such arbitration.
United States · United States Congress · 23 March 1989
Amends the Education of the Handicapped Act to authorize the Secretary of Education to make a grant to each of ten eligible State and local educational agencies and private educational institutions for demonstration programs addressing the educational needs of elementary and secondary school students with dyslexia. Authorizes appropriations for FY 1990 and thereafter.
United States · United States Congress · 23 March 1989
Rural Hospital Recovery Act of 1989 - Directs the Secretary of Health and Human Services to draft and submit to the Congress and the Prospective Payment Assessment Commission, within one year of this Act's enactment, legislation eliminating the differences in average standardized Medicare payments (under title XVIII of the Social Security Act) to large urban, other urban, and rural hospitals while recognizing certain cost differences among hospitals and within diagnosis related groups. Amends the Medicare program to require the Secretary to pay additional amounts to Medicare-dependent, small, rural hospitals before October 1, 1994, and to critical access facilities thereafter to ensure that their reasonable operating costs for inpatient hospital services are covered. Establishes an application process for rural hospitals which choose to be treated as urban hospitals by reason of their proximity to urban areas. Requires the recomputation of Medicare sole community hospital payment rates using the most recent information on hospital-specific costs per case and, if greater, national rather than regional prospective payment rates. Treats hospitals which are located 30 miles or more from other like hospitals, or hospitals which provide inpatient hospital services to at least 60 percent of the residents or part A (Hospital Insurance) Medicare beneficiaries within a 30-mile radius of the hospital as sole community hospitals. Requires the Secretary to report to the Congress by October 1, 1990, on the process by which sole community hospitals may appeal the Secretary's decision not to make a volume adjustment to its Medicare payment. Establishes the Medicare Geographical Classification/Critical Access Facility Review Board which shall: (1) designate certain hospitals as critical access facilities; (2) hear appeals from rural hospitals which the Secretary determines do not qualify for treatment as being located in an adjacent urban area; and (3) conduct hearings with respect to the Secretary's refusal to consider a hospital to be a sole community hospital. Defines a "critical access facility" as a small, rural hospital which due to its location, prolonged severe weather conditions, or the availability of other hospitals to serve part A Medicare beneficiaries residing in the area must receive additional payments in order to continue to deliver critical health care services. Extends the regional referral center classification of hospitals so classified as of September 30, 1989, and the Medicare payment rates applicable to such hospitals until the implementation of unified average standardized Medicare payments for large urban, other urban, and rural hospitals. Amends the Omnibus Budget Reconciliation Act of 1987 to alter the Rural Health Care Transition Grant Program by: (1) extending from two to three years the limit on the provision of grants to small, rural hospitals for modification of their services; (2) permitting the Secretary to waive the hospital grant limit; and (3) increasing and extending the authorization of appropriations for such program through FY 1992. Requires the Secretary to submit a report to the Congress by April 1, 1990, identifying laws, rules, and regulations which prevent rural hospitals from providing innovative patient services. Directs the Secretary to conduct a five-year demonstration program in five rural hospitals treating the costs of nursing services obtained pursuant to an existing agreement with a nursing school as the costs of approved educational activities for Medicare payment purposes. Amends the Omnibus Budget Reconciliation Act of 1987 to expand, from four to ten hospitals, a Medicare demonstration program covering additional costs incurred by teaching hospitals in sending their residents to small rural hospitals for training. Extends the permissible duration of such training from three months to two years. Favors projects which provide small rural hospitals with resident physicians for longer periods of time and give physicians from the small rural hospital the opportunity to work or study at the sponsoring hospital. Makes consortiums of small rural hospitals eligible to accept the services of such a resident physician.
United States · United States Congress · 23 March 1989
Designates the week beginning September 1, 1989, as World War II Remembrance Week in commemoration of the 50th anniversary of the outbreak of that War.
United States · United States Congress · 22 March 1989
Medicare Catastrophic Coverage Revision Act of 1989 - Delays, for one year, the implementation of the Medicare Catastrophic Coverage Act of 1988, except for provisions of such Act expanding benefits under part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act.
United States · United States Congress · 22 March 1989
National African-American Heritage Memorial Museum Act - Establishes within the Smithsonian Institution the National African-American Heritage Memorial Museum to be operated as a center and location for education, research, events, and collection and display of items and materials relating to the historical, cultural, economic, political, and other aspects of the scope of experiences of African-Americans. Requires the Board of Trustees of the National African-American Heritage Memorial Museum to report to the Congress and the President annually on its activities and operations. Authorizes appropriations.
United States · United States Congress · 21 March 1989
Title I: Statehood Centennial Coin - Statehood Centennial Commemorative Coin Act of 1989 - Directs the Secretary of the Treasury to mint and issue not more than a specified number of one-dollar silver coins and five-dollar palladium coins in commemoration of the 100th anniversary of the statehood of Idaho, Montana, North Dakota, South Dakota, Washington, and Wyoming. Sets forth certain features of such coins and provides for their design, issuance, and sale. Requires the Secretary to provide a specified amount of all surcharges to the Documents West exhibition program with the remaining amount of surcharges to be deposited in the Treasury to be used to reduce the national debt. Requires the Secretary to obtain silver for the one-dollar coins only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. Requires the Secretary to obtain palladium for the five-dollar coins by purchase of palladium mined and refined in the United States. Grants the Comptroller General the right to examine records and other data of the Idaho Centennial Commission. Title II: Silver Proof Sets - Silver Coin Proof Set Act - Authorizes the Secretary to mint and issue silver coin proof sets. Sets forth certain specified features of such coins and provides for their sale to the public. Requires the Secretary to obtain silver for such coins by purchase from stockpiles established under the Strategic and Critical Materials Stock Piling Act and from Treasury stocks on hand.
United States · United States Congress · 21 March 1989
Anti-Terrorism Sanctions Act of 1989 - Requires the President to revoke the most-favored-nation trade status of certain foreign countries that repeatedly support international terrorism. Prohibits duty-free treatment for the products of such countries under the Trade Act of 1974 or the Caribbean Basin Economic Recovery Act. Prohibits the Secretary of Commerce from consulting with the governments of such countries regarding international travel and tourism. Allows the President to waive any sanction under this Act with respect to any foreign country if such waiver would be in the best interests of the United States. Requires the President to give 30 days' notice to the Congress concerning any waiver.
United States · United States Congress · 20 March 1989
Utah Public Lands Wilderness Act of 1989 - Designates certain specified lands in Utah as components of the National Wilderness Preservation System. Provides for continuation of existing grazing on such lands. Requires those areas in Utah administered by the Secretary of the Interior which are not designated as wilderness to be managed for multiple use.
United States · United States Congress · 20 March 1989
Requires the cost-of-living adjustments in FY 1990 for persons receiving military retired pay or an annuity under a veterans' survivors' benefits program to take effect. Prohibits any reduction or suspension of such adjustments under any presidential order or any other provision of law, except applicable Federal armed forces provisions.
United States · United States Congress · 20 March 1989
Repeals provisions of the Internal Revenue Code that limit the deductibility of contributions to individual retirement plans by active participants in employer-maintained retirement plans.
United States · United States Congress · 16 March 1989
Older Women's Breast Cancer Prevention Act of 1989 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to eliminate the cap on coverage of screening mammography.
United States · United States Congress · 16 March 1989
Designates specified lands in the Los Padres National Forest, California, as the Sespe, Matilija, and San Rafael Wilderness Areas, which shall be components of the National Wilderness Preservation System. Authorizes the Secretary of Agriculture to take necessary actions for fire prevention and watershed protection in such areas and for the management of the Sespe Condor Sanctuary. Authorizes the Secretary of the Interior to issue oil and gas leases for the Sespe Wilderness which prohibit surface occupancy and allow only directional drilling from outside the Wilderness. Releases the Sespe-Frazier and Matilija Wilderness Areas from further statewide roadless area review and evaluation for purposes of determining their suitability for inclusion in the System. Directs the Secretary of Agriculture to conduct a study of the Johnston Ridge Trail located on the Ojai Ranger District, Los Padres National Forest, for purposes of ascertaining the appropriate management of the trail in relation to other portions of the District. Specifies that such study shall consider the environmental impacts of mechanized vehicles and shall require preparation of an environmental assessment. Requires the study to be completed within two years after enactment of this Act and submitted to specified congressional committees. Declares that, pending completion of such study and a final management determination, it is the intent of the Congress that the trail shall remain open to off-highway vehicle use. Amends the Wild and Scenic Rivers Act to designate segments of the Sespe Creek and Sisquoc River, California, as components of the National Wild and Scenic Rivers System.
United States · United States Congress · 16 March 1989
Oil Pollution Liability and Compensation Act of 1989 - Title I: Oil Pollution Liability and Compensation - Imposes joint, several, and strict liability for specified removal costs and damages upon the party responsible for a vessel or facility from which oil is either discharged into certain waters, or which poses a substantial threat of such a discharge. Exempts from such liability certain discharges permitted under Federal, State, and local law. Defines conditions under which a mobile offshore drilling unit will be treated as either a tanker or as a facility for purposes of determining responsibility or excess liability. Sets forth defenses to liability under this Act. Sets forth limits to liability under this Act, with specified exceptions. Authorizes the Secretary of Transportation to establish by regulation a maximum liability limit. Requires the Secretary to report to the Congress from time to time regarding liability adjustments. Declares that the responsible party or his guarantor shall be liable to the claimant for interest on the amount paid in satisfaction of a claim for a specified period. Defines circumstances under which liability for injury to natural resources shall be to either: (1) the United States; (2) the affected State; or (3) a foreign government. Sets forth recovery and indemnification procedures. Sets forth the uses of the Oil Spill Liability Trust Fund (the Fund) including: (1) payment of removal costs and administrative expenses; and (2) contributions to the International Fund. Sets forth defenses to liability for such Fund and a specified maximum amount which may be paid from the Fund. Confers rights of subrogation upon the United States for payment of any claim by the Fund. Sets forth a claims procedure for removal costs or damages. Requires the Secretary to designate the source of a discharge and to immediately notify the responsible party or guarantor of such designation. Grants subrogation rights to any person (including the Fund) who pays compensation under this Act to any claimant for costs or damages. Requires the party responsible for certain vessels over 300 gross tons to establish and maintain evidence of financial responsibility to meet maximum liability limits. Requires the Secretary of the Treasury to withhold or revoke the clearance of any vessel which fails to certify such financial responsibility. Sets forth circumstances under which such vessels may be denied entry into U.S. ports or waters or have their oil cargo seized. Imposes a civil penalty for failure to comply with the financial responsibility requirement. Restricts judicial review of any regulation promulgated under this Act to the Circuit Court of Appeals for the District of Columbia. Grants the district courts original jurisdiction over all actions arising under this Act. Sets forth a limitation period for actions for removal costs, damages, or contribution. Title II: Conforming Amendments - Sets forth conforming amendments to certain related statutes. Title III: Implementation of International Conventions - States that during any period in which the Civil Liability Convention and the Fund Convention are in force with respect to the United States, owner liability for pollution damage arising from a ship-related incident shall be determined according to such Conventions. Grants recognition to the International Oil Pollution Compensation Fund as a legal person under Federal law, and deems the Director of such Fund to have irrevocably appointed the Secretary of State as the Fund's agent for service of process for legal proceedings involving the Fund within the United States. Exempts such Fund and its assets from all direct taxation in the United States. Provides that certain required contributions with respect to oil received in the United States shall be paid to the International Fund from the Oil Spill Liability Trust Fund. Grants recognition to any final judgment of a court of any country which is a party to either the Civil Liability Convention or the Fund Convention. Sets forth the financial responsibility requirements of shipowners whose vessels are subject to the Civil Liability Convention. Imposes specified sanctions and civil penalties upon persons violating the financial responsibility requirements. Waives all U.S. defenses based upon sovereign immunity with respect to any controversy arising under the Civil Liability Convention or the Fund Convention relating to any ship owned by the United States and used for commercial purposes. Authorizes the Secretary to prescribe regulations to implement this Act and all Federal obligations under the specified Oil Pollution Conventions.
United States · United States Congress · 16 March 1989
Acid Deposition Control Act of 1989 - Title I: Stationary Sources - Amends the Clean Air Act to require each Governor to submit to the Administrator of the Environmental Protection Agency for approval a two-phased plan establishing emission limitations and compliance schedules for sulfur dioxide and oxides of nitrogen emissions from fossil fuel fired electric utility steam generating units in the State. Requires reductions in sulfur dioxide emissions by 1994 (phase I) and reductions in oxides of nitrogen and further reductions in sulfur dioxide by 1998 (phase II). Directs each Governor to submit to the Administrator for approval an emissions limitations plan for such units, other than electric utilities' units, requiring both sulfur dioxide and oxides of nitrogen emissions reductions by 1998. Requires the Administrator to conduct and update an annual inventory of sulfur dioxide and oxides of nitrogen emissions from stationary sources. Directs the Administrator to identify the total statewide potential reductions in such emissions and to transmit such information to the State. Requires each Governor to submit to the Administrator a plan for establishing emission limitations from stationary sources of industrial process emissions to achieve such State's potential reductions by 1998. Requires the Administrator to study and report to the Congress by June 30, 1994, on the reductions achieved during phase I, granting the Congress an opportunity to legislate by the start of 1995 against the implementation of phase II. Grants States an opportunity to modify disapproved plans. Establishes emissions standards and Administrator-promulgated plans for States without an approved plan. Requires units in such States to submit a compliance plan and schedule to the Administrator. Directs the Administrator to impose fees on the generation and importation of electric energy if a utility is eligible for Federal subsidies to cover rate increases attributable to emission reduction requirements. Limits such fee to a maximum of 1/2 mill per kilowatt hour and makes it inapplicable to the generation of electric energy within the United States by hydroelectric or nuclear power. Prohibits the application of such fees after December 31, 1997. Prescribes civil penalties for violations in connection with such fees. Establishes the Acid Deposition Control Fund to provide for subsidies to electric utilities to cover rate increases attributable to emission reduction requirements. Prohibits the payments of subsidies to any utility, unless the State's Governor has assured that such rate increases are: (1) equivalent for residential electric utility ratepayers throughout the State; and (2) made level over the period during which such requirements are in effect. Prohibits costs for any technological system of emission reduction from being attributed to such requirements, unless such system meets specified conditions. Authorizes the Administrator to provide financial assistance to the owners or operators of stationary sources to promote the use of innovative technologies to control sulfur dioxide, nitrogen oxides, and other emissions from fossil fuels covered under the Clean Air Act. Sets forth eligibility and evaluation requirements. Allows State plans to provide for the use of innovative technology if contingent emission limitations are included in such plans. Authorizes the Administrator to impose fees on the generation of electric energy in such States to promote the use of innovative technologies. Prescribes civil penalties for violations in connection with such fees. Directs the Administrator to revise standards for emissions of nitrogen oxides for electric utility steam generating units burning bituminous or subbituminous coal. Requires the Administrator to promulgate standards for such emissions from nonelectric utility units which are new sources over a certain capacity. Title II: Emissions from Mobile Sources - Establishes emission standards for: (1) oxides of nitrogen from passenger cars and trucks manufactured after model year 1990; and (2) hydrocarbons from trucks manufactured after model year 1991. Directs the Administrator to promulgate regulations setting a maximum percentage for the sulfur content of motor vehicle diesel fuel. Prohibits any manufacturer or processor of diesel fuel from selling or introducing into commerce any fuel not in compliance with such regulations after January 1, 1991. Directs the Administrator to promulgate regulations to require the use of either hydrocarbon control technology by motor vehicles manufactured after model year 1991, or gasoline vapor recovery of hydrocarbon emissions emanating from the fueling of motor vehicles, or both.
United States · United States Congress · 16 March 1989
Capital Punishment Procedures Act of 1989 - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits evidence to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Sets forth special aggravating factors for espionage, treason, homicide, and the attempted murder of the President. Directs the court, or the jury by unanimous vote, to impose the death penalty upon a finding that such sentence is justified based on consideration of both the aggravating and mitigating factors. States that no person who was under 18 years of age at the time of the offense may be sentenced to death. Requires the court to instruct the jury not to consider the race, color, religious beliefs, national origin, or sex of the defendant or of any victim in its consideration of the sentence. Establishes procedures for appeal from a death sentence. Requires the court of appeals, upon consideration of the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under the influence of passion, prejudice, or any other arbitrary factor; and (2) the information supports the finding of every aggravating factor upon which sentence was based, together with any mitigating factors. Requires the court to provide a written explanation of its determination. Provides for representation by counsel for a defendant who is, or becomes, financially unable to obtain adequate representation or investigative, expert, or other reasonably necessary services before or after judgment. Sets qualifications and provides for compensation of attorneys and the setting of specified fees and expenses. Sets forth procedures for the implementation of the sentence of death. Prohibits requiring any employee of any State department of corrections or the Federal Bureau of Prisons and any employee providing services to that department or bureau under contract to participate in any execution against his or her moral or religious convictions. Limits the circumstances under which the offense of delivering defense information to aid foreign governments is punishable by death. Provides for the imposition of the death penalty for: (1) murder committed by prisoners in Federal prisons; (2) kidnappings which result in the death of any person; (3) hostage takings which result in the death of any person; (4) attempting to kill the President of the United States (if such attempt results in bodily injury or comes dangerously close to causing the President's death); (5) "murder for hire"; (6) murder in the aid of a racketeering activity; (7) international terrorism (where the killing is a first degree murder); and (8) engaging in a criminal enterprise activity which results in death. Increases the minimum sentence to life imprisonment for the crime of bank robbery which results in death.
United States · United States Congress · 16 March 1989
Apex Project, Nevada Land Transfer and Authorization Act of 1989 - Directs the Secretary of the Interior to convey certain lands designated as the Kerr-McGee Site and to grant specified utility and transportation rights-of-way to Clark County, Nevada, for sale and subsequent grant to Kerr-McGee Chemical Corporation. Authorizes the Secretary to sell additional lands outside the boundaries of such Site and to grant rights-of-way necessary for development of an industrial park within the Apex Site to Clark County over a ten-year period. Requires the funds received from such sales to be deposited in the Treasury for acquisition of environmentally sensitive lands in Nevada by the Secretary. Reserves certain right-of-way corridors to the United States. Requires the Secretary to administer such corridors.
United States · United States Congress · 16 March 1989
International Financial Security Act of 1989 - Amends the Export Administration Act to state congressional findings that loans and other transfers of capital to the Soviet Union and its allies increase the ability of those countries to obtain sensitive goods and technology and to more easily divert funds to purposes inimical to U.S. interests. Declares that it is U.S. policy to use export controls to: (1) restrict the export of capital, the extension of credit, or the transfer of financial resources to destinations or persons abroad in order to promote the national security, including antiterrorism, the foreign policy interests of the United States, the advancement of emigration of Soviet Jews and other ethnic minorities, and human rights policies of the Soviet Union and other East Bloc countries; and (2) restrict the export of goods and technology where such export will likely support terrorism against U.S. citizens or benefit terrorists or countries supporting international terrorism. Authorizes the President to restrict the export or transfer of: (1) goods and technology if such export will likely support terrorism against U.S. citizens or benefit terrorists or countries supporting international terrorism; and (2) money or other financial assets to the governments of Warsaw Pact countries or countries supporting international terrorism. Provides for negotiations with other countries to obtain their cooperation with such export controls on capital, goods, and technology. Requires export license applications for the export of capital to be submitted to the Secretary of the Treasury, who shall make all determinations with respect to such application. Requires the annual report on the administration of the Export Administration Act of 1979 to include a report on actions taken to carry out export controls on capital. Amends the Federal Deposit Insurance Act to require that any notice of a change in control of an insured bank include the nationality of the person or persons making the acquisition. Sets forth criminal penalties for violation of any change in control requirement. Requires Federal banking agencies to disapprove any proposed acquisition which would result in the ownership or control of an insured bank by a Warsaw Pact country or a national agency or instrumentality of any such country. Requires federally-insured banks to include in reports of condition and reports to shareholders, and make available to the public, information concerning the number and amount of each untied loan made to any Warsaw Pact country.
United States · United States Congress · 16 March 1989
Expresses the sense of the Congress that the States should ratify the 1789 proposed amendment to the Constitution which provides that no law varying the compensation for the services of Members of Congress shall take effect until an election of Representatives has intervened.
United States · United States Congress · 15 March 1989
Marine Research Act of 1989 - Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to support and implement regional marine research programs to plan, coordinate, and support research, monitoring, and assessment activities concerned with the quality of the marine environment. Directs the Regional Marine Research Oversight Board (Board) to consider proposals for such programs if the chief executive officers of a majority of States in a marine research region submit a proposal identifying the research organizations which will participate in the program and the goals of such program. Requires proposals for such programs to be developed by a Regional Marine Research Organizing Committee consisting of the Director of the Sea Grant Program in each State in the region. Identifies the marine research regions as the Gulf of Maine, Greater New York Bight, Mid-Atlantic Bight, Tropical, Gulf of Mexico, Southern California Bight, North Pacific, Gulf of Alaska and Arctic Seas, Insular Pacific, and Great Lakes Regions. Requires each program to develop and submit to the Board a three-year marine research and assessment plan which: (1) identifies research needs and priorities in the region over the next ten years; (2) inventories all projects regarding the marine environment expected to be conducted in the region; (3) describes each project expected to be assisted by grants made available under this Act; (4) reviews and discusses coordination of research and assessment projects which address issues common to neighboring regions; and (5) lists the equipment and supplies commonly used for projects in the region. Authorizes the Board to make annual administrative, research, and equipment grants to programs which submit applications for such grants. Limits and establishes preferences for such grants. Sets forth reporting requirements. Requires each program to support baseline monitoring of fundamental marine environmental conditions and submit periodic reports on the status of marine environmental quality and resources in the region to the Board. Requires such reports to be made available to the public, State chief executive officers, and local, State, and Federal agencies. Establishes a Regional Marine Research Oversight Board at the Federal level to manage and coordinate the efforts of the programs and report periodically to the Congress on the activities and findings of such programs. Establishes the Regional Marine Research Trust Fund. Authorizes and allocates appropriations from the Fund to carry out this Act. Amends the Outer Continental Shelf Lands Act Amendments of 1978 to make moneys from the Offshore Oil Pollution Compensation Fund available for transfer to the Regional Marine Research Trust Fund.
United States · United States Congress · 15 March 1989
Waste Reduction Act - Makes it the national policy to reduce or prevent pollution at its source whenever feasible. Directs the Administrator of the Environmental Protection Agency (EPA) to establish an office within the EPA which will be independent of the EPA's single-medium program offices and have the authority to review and advise such offices on their activities to promote a multi-media approach to source reduction. Directs the Administrator to develop and implement a strategy to promote source reduction. Identifies several review, coordination, outreach, and organizational actions that the Administrator must take as part of such strategy. Requires the Administrator to: (1) make matching grants to States for programs promoting the use of source reduction techniques by businesses; and (2) establish a Source Reduction Clearinghouse to compile information generated by States receiving grants on management, technical, and operational approaches to source reduction. Requires that such information be made available to the public. Requires filings of annual toxic chemical release forms required under the Superfund Amendments and Reauthorization Act of 1986 to include toxic chemical source reduction and recycling reports for toxic chemicals which are the subject of such filings. Includes in such reports information, on a facility-by-facility basis, as to: (1) the amounts and disposition of each toxic chemical; (2) the source reduction practices used with respect to such chemicals; (3) measurements of changes from past to anticipated levels of chemical reduction and recycling; and (4) the techniques used to identify source reduction opportunities. Makes such information available to the public. Directs the Administrator to report to the Congress within one year of this Act's enactment and biennially thereafter on the results of actions taken to implement source reduction strategies. Authorizes appropriations.
United States · United States Congress · 15 March 1989
Directs the Office of Personnel Management and the Director of the Federal Bureau of Investigation (FBI) to implement a demonstration project under which certain FBI personnel will receive additional periodic compensation payments if they are assigned to one of the following field divisions: (1) Los Angeles, California; (2) Boston, Massachusetts; (3) San Francisco, California; or (4) Newark, New Jersey.
United States · United States Congress · 15 March 1989
Terrorist Alien Removal Act of 1989 - Amends the Immigration and Nationality Act to make terrorist activity (as defined by this Act) grounds for deportation. Establishes removal procedures for alien terrorists, including a special removal hearing which shall be open to the public.
United States · United States Congress · 15 March 1989
Degradable Plastics Act of 1989 - Directs the Administrator of the Environmental Protection Agency to issue rules, within two years of this Act's enactment, requiring that plastic articles which are produced, distributed, or sold in the United States be made of naturally degradable material which will begin reduction to environmentally benign subunits within a specified period of time after being discarded that is not to exceed 180 days and complete such reduction within a specified period of time that is not to exceed two years. Provides that this Act does not preclude States or localities from adopting more stringent rules. Imposes civil and criminal penalties against persons who violate such rules. Requires producers of plastic articles to make records regarding the development and production of such articles available to the Administrator for inspection and copying. Makes the rules issued pursuant to this Act inapplicable to any plastic article produced before the end of the five-year period beginning after the issuance of such rules.
United States · United States Congress · 15 March 1989
Includes service in the U.S. merchant marine between May 26, 1940, and January 1, 1948, as military service for the purpose of determining civil service retirement benefits.
United States · United States Congress · 15 March 1989
Amends the Perishable Agricultural Commodities Act, 1930 to require commission merchants, dealers, and brokers to label perishable agricultural commodities with the name of the country of origin.
United States · United States Congress · 15 March 1989
Foreign Aid Impact Assessment Act - Requires the President to submit to the Congress, by December 31, 1989, and December 31 of each third year thereafter, a report analyzing the impact and effectiveness of U.S. economic assistance provided during the preceding three fiscal years. Directs that such report include for each recipient country: (1) an analysis of the impact of such assistance on the country's economic development, including a description of the specific objectives sought and the extent to which they were not achieved and why; (2) a description of the amount and nature of the assistance provided by other donors during that period; (3) a discussion of the commitment of the host government to addressing the country's needs in each development sector; (4) a description of the trends in each sector; (5) statistical and other information necessary to the evaluation; and (6) a comparison of the analysis provided in the report with relevant analyses by international or nongovernmental organizations or donor countries. Requires that each report: (1) be submitted to the Congress as a separate document; and (2) identify those countries in which economic assistance has been most and least successful, explain why the assistance was not more successful, and specify what the United States has done as a result.
United States · United States Congress · 15 March 1989
Research and Experimental Credit Extension and Reform Act of 1989 - Amends the Internal Revenue Code to make permanent the income tax credit for qualified research expenditures by repealing the provisions that would terminate the credit for expenses incurred or paid after 1989. Revises the method for computing: (1) base period research expenses, adding a factor reflecting the gross national product growth rate; and (2) the tax credit, adding an alternative computation component. Applies the credit to in-house research expenses that the taxpayer pays or incurs for the principal purpose of using the research results in the active conduct of a future trade or business.
United States · United States Congress · 14 March 1989
Television Violence Act of 1989 - Exempts from the antitrust laws any joint discussion, consideration, review, action, or agreement by or among persons in the television industry for the purpose of, and limited to, developing and disseminating voluntary guidelines designed to alleviate the negative impact of violence in telecast material, provided the joint action does not result in a boycott of any person. Terminates such exemption three years after enactment of this Act.
United States · United States Congress · 14 March 1989
Amends the Internal Revenue Code to permit an additional standard deduction of $600 for a taxpayer or spouse who is deaf or who is a paraplegic, a quadriplegic, a hemiplegic, or an amputee.
United States · United States Congress · 14 March 1989
Amends the Internal Revenue Code to exclude from the gross income of an individual up to $10,000 of distributions from an individual retirement account or qualified pension plan used within 180 days to purchase a residence that will be the first residence in which the taxpayer has a present ownership interest. Reduces the excludible amount for taxpayers with adjusted gross income above $30,000 ($50,000 for joint returns). Exempts from the penalty tax on early distributions from qualified retirement plans comparable withdrawals used to purchase the first residence in which the taxpayer's child has a present ownership interest.
United States · United States Congress · 14 March 1989
Eliminates post-1968 service in the National Guard as a prerequisite to civil service retirement credit for former National Guard technicians. Amends the National Guard Technicians Act of 1968 to eliminate post-1968 service as a prerequisite for National Guard technicians for receipt of credit in the determination of length of Federal civil service for purposes of leave, Federal employees' death and disability compensation, group life and health insurance, severance pay, tenure, and status. Sets forth rules for applying provisions of this Act to affected individuals.
![Official portrait of Rep. Lagomarsino, Robert J. [R-CA-19]](https://www.congress.gov/img/member/l000020_200.jpg)