United States · United States Congress · 4 August 1989
Radiation and Toxic Substances Research Reorganization Act of 1989 - Transfers to the Secretary of Health and Human Services (Health Secretary) the authority of the Secretary of Energy (Energy Secretary) to conduct, under specified provisions of the Energy Reorganization Act of 1974 and any other law, epidemiological studies of the effects of workplace and public exposure to radiation and toxic substances. Transfers related positions, property, records, obligations, commitments, and unexpended appropriations. Directs the Health Secretary to undertake a comprehensive program of epidemiological research into the health effects of workplace and public exposure to radiation and toxic substances with the aim of identifying the nature and magnitude of the risk to the public and to the workforce of Department of Energy (DOE) facilities resulting from activities of the DOE and its predecessors. Directs the Energy Secretary to submit to the Health Secretary and the Congress: (1) a complete listing of data and records held or maintained by the DOE and of potential use in the conduct and evaluation of epidemiological and related studies; and (2) a complete record of funds expended by that department on research related to the health effects of workplace and public exposure to radiation and toxic substances during each of the five years preceding enactment of this Act. Directs the Energy Secretary to provide to the Health Secretary access to all data and records not transferred to the Department of Health and Human Services (HHS) under other provisions of this Act if the records are deemed by the Health Secretary to be useful to epidemiological research, health risk assessments, and related studies, and if confidentiality requirements are met. Directs the Health Secretary to grant access to the public to data held or developed by HHS, including data obtained from DOE, in accordance with the established practices of HHS. Authorizes the Health Secretary to: (1) undertake such research into radiation releases, dose reconstruction, toxic substances exposures, and health risk assessments, as necessary to carry out the function transferred under specified provisions of this Act; and (2) review research conducted by DOE, after enactment of this Act, relating to such matters. Directs the Health Secretary to conduct a comprehensive review of: (1) existing epidemiological studies relating to health effects of exposure to such radiation and toxic substances as may present a threat to occupational or public health at DOE facilities; and (2) existing and ongoing health risk assessments and studies relating to such radiation releases, dose reconstruction, and toxic substance exposures as may present a threat to occupational or public health at DOE facilities. Establishes the Advisory Panel on Radiation and Toxic Substances Research to advise the Health Secretary in carrying out the function transferred from the Energy Secretary under this Act. Declares that it is the sense of the Congress that the funding level to be provided each fiscal year to HHS for carrying out the function transferred by this Act should be at least as much as the greatest of the annual amounts reported by the Energy Secretary under provisions of this Act. Directs the Energy Secretary to reimburse HHS for all costs of carrying out the transferred function out of funds appropriated to the Energy Secretary. Allows funds provided to HHS for the purposes of this Act to be used to support: (1) a program of epidemiological research into the health effects of workplace and public exposure to radiation and toxic substances, and for other uses as the Secretary considers appropriate; and (2) activities of State public health agencies that are compatible with the purposes of this Act.
United States · United States Congress · 4 August 1989
Department of Energy Minority Economic Impact Revitalization Act - Title I: Minority Economic Impact Revitalization - Requires the Director of the Office of Minority Economic Impact of the Department of Energy (the Office) to establish a working capital program providing loans and venture capital to minority and women-owned business enterprises to commercialize technologies developed through the Department, provide start-up capital for enterprises in the energy technology fields, and strengthen businesses dealing with the Department. Prescribes the eligibility criteria for such businesses. Requires the Director to select from among bids submitted to the Office an administrative financial institution (AFI) to administer the loan program component. Requires the AFI to establish a loan committee to oversee loan applications. Requires such committee and the Director to jointly establish a scheme for the participation of additional financial institutions. Authorizes a minority business enterprise (MBE) to request the participation of a specific financial institution with which it conducts business. Outlines loan application procedures. Sets a five-year maximum loan term. Authorizes an MBE to request technical or managerial assistance through the central Energy Related Minority Business Enterprise Center of the Department. Requires the Director to establish venture capital partnerships with venture capital organizations. Amends the Department of Energy Organization Act to direct the Secretary of the Department of Energy to: (1) provide financial assistance in the form of grants to an MBE to assist its full participation in the Department's research, development, and contract activities; and (2) limit the use of such assistance to providing funds necessary for such MBEs to bid for and obtain contracts. Directs the Secretary to hire a specified number of additional personnel to administer the working capital program. Authorizes appropriations for FY 1990 to the Department for a working capital program and for an economic development program involving the establishment of a central energy-related minority business enterprise development center in the Office. Directs the Office to coordinate and develop: (1) Department of Energy programs involving historically black colleges and universities; and (2) the Minority Financial Institution Deposit Program. Title II: Nuclear Waste Fund - Amends the Nuclear Waste Policy Act of 1982 to authorize the Secretary of Energy to request the Secretary of the Treasury to invest excess Nuclear Waste Fund monies in the Minority Bank Deposit Program of the Department of the Treasury.
United States · United States Congress · 3 August 1989
Senior Executives Salary Act of 1989 - Increases by 25 percent annual salary rates for positions in the Executive Schedule beginning on or after January 1, 1990. Authorizes the Director of the Office of Management and Budget to allocate critical position pay authority (the authority of an agency head to fix the compensation for any position he determines to be a critical position at the time it is filled at an annual rate that does not exceed the rates for level I of the Executive Schedule) for not more than 200 positions among executive branch departments and agencies. Authorizes any agency head who receives an allocation of critical position pay authority to exercise such authority only for the number of positions for which such authority is received from the Director. Requires such authority to be reexercised when a position becomes vacant and is refilled based upon the agency head's redetermination that the position is a critical position, but only if the Director reconfirms the allocation of such authority for the position at the time of such reexercise. Directs agency heads, in determining whether a position is a critical position, to consider: (1) the extent to which the position requires scientific, technical, expert, or professional qualifications; and (2) the extent to which additional compensation is necessary to attract exceptionally qualified individuals. Provides for the indexing of the annual maximum pay rate for critical positions to allow pay increases for such positions to increase to the same extent as provided under the Executive Schedule. Provides that senior executives, Senior Foreign Service members, and career Executive Schedule employees shall be recertified every three years after demonstrating to their supervising authority that their performance for the previous three-year period has been outstanding. Provides for a reduction in pay or position for employees who fail to make such a demonstration. Grants career employees the right to appeal any adverse actions to the Merit Systems Protection Board.
United States · United States Congress · 3 August 1989
Declares that the Congress acknowledges and appreciates the commitment, devotion, and sacrifices of present and former military families. Designates November 20, 1989, as National Military Families Recognition Day.
United States · United States Congress · 2 August 1989
Economic Equity Act of 1989 - Title I: Employment - Subtitle A: Pay Equity Technical Assistance to Public and Private Sector - Pay Equity Technical Assistance Act - Directs the Secretary of Labor to develop and implement a continuing program of information dissemination, research, and technical assistance to public and private entities with respect to correction of wage-setting practices, and reduction or elimination of wage disparities, to the extent that they are based on the sex, race, or national origin of the employee, rather than on the work performed and other appropriate factors. Subtitle B: Legislative Pay Equity Commission and Study - Establishes a Commission on Employment Discrimination in the Legislative Branch. Directs the Commission to: (1) employ a nongovernmental consultant to study the compensation paid to Library of Congress personnel and analyze personnel policies of the Library; (2) evaluate the compensation system of the Library for compliance with title VII of the Civil Rights Act of 1964 and make any recommendations needed to achieve compliance; (3) develop a plan for the application of title VII throughout the legislative branch; and (4) make recommendations to the Congress for improvement of personnel policies and practices in the legislative branch. Directs the Commission to submit a final report to the Congress 18 months after enactment of this Act. Terminates the Commission 30 days after submission of the final report. Subtitle C: Extension of Benefits to Part-Time and Temporary Workers - Part-Time and Temporary Workers Protection Act of 1989 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to bring certain part-time employees within the participation, vesting, and accrual rules governing pension plans. Addresses any employee who, within a relevant 12-month period: (1) has customarily completed more than 500 but fewer than 1,000 hours of service; or (2) is employed in a type of position in which employment customarily consists of such a number of hours. Provides that completion of such hours of service will be treated as completion of 1,000 hours of service (thereby bringing the employee within the ERISA benefit framework). Permits a reduction in the employer-provided premium under a group health plan in the case of a part-time employee only when such employee: (1) has customarily completed fewer than 30 hours of service per week; or (2) is employed in a type of position in which employment customarily consists of such a number of hours. Limits such a premium reduction, when permissible, to not less than a ratable portion of the premium ordinarily provided in the case of an employee who completes 30 hours of service per week. Revises the ERISA definition of "employee" to include non-employees who, pursuant to a contract or agreement, provide employee-like services to an employer for at least one year at the rate of 500 or more hours per year. Subtitle D: Federal Council on Women - Federal Council on Women Act - Establishes a Federal Council on Women to: (1) collect and evaluate information with respect to any problems that are particular to women in the United States; (2) review and evaluate Federal policy related to any such problems; (3) coordinate the activities of the Council with similar activities conducted by States, local governments, and concerned organizations; and (4) make recommendations. Directs the Council to report its findings and recommendations to the Congress. Authorizes appropriations. Subtitle E: Maintenance of Sex Equity Set-Asides in Vocational Education Programs - Amends the Carl D. Perkins Vocational Education Act (the Act) to include displaced homemakers in the vocational education program for single parents or homemakers. Makes single pregnant women eligible for such program. Directs the administrator of such program, and of the sex equity program, to: (1) distribute to community-based organizations the State allotment for such programs on a competitive basis; and (2) develop procedures for appropriate data collection from fund recipients for program evaluation. Requires States to: (1) develop an annual plan for use of funds; (2) manage funds distribution; (3) monitor recipients' use of funds; and (4) evaluate program effectiveness. Provides for pre-vocational services to single parents, single pregnant women, homemakers, and displaced homemakers. Allows use of funds for dependent care (currently only child care) as part of such services. Directs the Secretary of Education to conduct biennial oversight visits to the States to determine if funds for programs for single parents, single pregnant women, and for elimination of sex bias and stereotyping in secondary and postsecondary education are being allocated, distributed, and used in accordance with the Act. Provides that assistance under the Act shall not effect an individual's eligibility for assistance under other Federal programs. Directs the General Accounting Office, within 18 months, to conduct a study of State compliance with specified assurances required under the Act. Subtitle F: Women in Business Procurement Assistance - Women's Business Procurement Assistance Act of 1989 - Amends the Small Business Act to add 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 is 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. Authorizes any Federal agency, when dealing with negotiated contracts, to provide such incentives as it may deem appropriate in order to encourage subcontracting opportunities for 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 the Director of Small and Disadvantaged Business Utilization for each Federal agency to designate an employee of that Director's office to be a Women-in-Business Specialist. Requires each Federal agency having procurement powers to affirmatively solicit offers from small business concerns owned and controlled by women and socially and economically disadvantaged individuals. Title II: Economic Security - Subtitle A: Earnings Sharing by Married Couples - Social Security Modernization Act - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that the combined earnings of a married couple which are attributable to the period of their marriage shall be shared equally between them for purposes of determining the eligibility for and amount of OASDI benefits to which each spouse is or may become separately entitled. Credits the survivor of the marriage with 100 percent of the combined total wages for the period of the marriage. Provides that this subtitle shall not apply in specified cases where it would result in a reduction of OASDI benefits. Subtitle B: Treatment of Disabled Widows and Widowers - Social Security Disabled Widow's and Widower's Equity Act of 1989 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to repeal the separate definition of disability applicable to widows and widowers. Permits the months of a widow's or widower's entitlement to Supplemental Security Income (SSI) benefits (title XVI of the Social Security Act) on the basis of a disability to be counted towards the 24 months needed to become entitled to hospital insurance benefits under Medicare (title XVIII of the Social Security Act) on that basis. Provides full widow's or widower's insurance benefits to disabled widows or widowers without regard to age. Amends the SSI program to preserve the Medicaid (title XIX of the Social Security Act) eligibility of disabled widows or widowers who become ineligible for SSI benefits upon the implementation of this Act's amendments making them eligible for, or increasing their, widow's or widower's insurance benefits. Amends the OASDI program to extend the time period during which a surviving spouse or a surviving divorced spouse must have initially become disabled in order to qualify for widow's or widower's insurance benefits before reaching age 60 in cases where such surviving spouse or surviving divorced spouse has quarters of coverage based on his or her own work after the death of the insured individual on whose wages such benefits are based. Subtitle C: Private Pension Reform - Pension Reform Act of 1989 - Amends the Tax Reform Act of 1986 to extend to all accrued benefits existing in plan year 1989 and thereafter the amendments made with regard to the nondiscriminatory coordination of defined contribution plans with Old Age, Survivors and Disability Insurance (OASDI). Amends the Internal Revenue Code (IRC) to repeal provisions that permit a certain disparity in simplified employee pension plan contributions with respect to nondiscriminatory coordination with OASDI. Provides for the repeal, effective for plan year 2000 and thereafter, of IRC rules with respect to: (1) the nondiscriminatory coordination of defined contribution plans with OASDI; and (2) pension integration exceptions. Amends the IRC to establish distinct minimum employee coverage requirements applicable in cases when an employer with respect to a plan is treated as operating a single line of business. Requires such a plan to benefit all the employer's employees. Limits the exception to minimum coverage requirements available to employers treated as operating separate lines of business for a year. Amends the IRC and the Employee Retirement Income Security Act of 1974 to eliminate the special vesting requirements governing multiemployer plans. Directs the Comptroller General of the United States, as soon as possible after this Act's enactment, to undertake thorough studies with respect to: (1) possible methods of requiring employee pension plans to provide cost of living and other adjustments to plan benefits; and (2) potential pension portability mechanisms, including ways to preserve and enhance the real value of deferred vested pension benefits. Lists specific items to be addressed in each study. Requires submission of the studies to specified congressional committees within two years of this Act's enactment. Subtitle D: Eligibility of Displaced Homemakers for First-Time Homebuyers Assistance - Displaced Homemakers and Single Parents Homeownership Assistance Act - States that displaced homemakers and single parents shall not be deemed ineligible for Federal assistance for first-time homebuyers on the basis of previous home ownership or residence while married or a homemaker. Subtitle E: Section 8 Housing Assistance for Domestic Violence Victims - Family Housing Options Program Act of 1989 - Amends the United States Housing Act of 1937 to reserve at least five percent of section 8 housing assistance for families affected by domestic violence and for homeless families. Requires administration of such program through the local public housing agencies. Permits assistance to be used in shared housing arrangements if the family receiving assistance so consents. States that rent contributions made by a family in such an arrangement shall not be considered income to the participating family for purposes of specified housing assistance eligibility. Includes among State allocation factors the number of transitional and emergency shelters, domestic violence shelters, and the number of families served by such programs. Requires: (1) each State to make an annual program report to the Secretary of Housing and Urban Development; and (2) the Secretary to include a summary of such reports in the annual section 8 report. Title III: Dependent Care - Subtitle A: Quality Child Care Demonstration Projects - Authorizes the Secretary of Health and Human Services to make grants to not more than ten eligible public agencies and private entities, in urban and rural areas, to administer child development models to increase the quality and availability of child care services. Defines "child development model," with respect to child care services, as an entity capable of providing training and on-going assistance to satellites that provide child care services to sick children or exceptional children, and which is either: (1) a child care development center providing services at a single site (or at multiple sites in reasonably close proximity) to infants, toddlers, preschool children, and school-age children; or (2) a high quality child care program capable of recruiting, training, supporting, and monitoring family child care providers. Directs the Secretary to report by April 1, 1992, to the Congress on such program. Subtitle B: Dependent Care Tax Credit Expansion - Repeals the Internal Revenue Code's nonrefundable income tax credit for employment-related dependent care expenses, replacing it with a corresponding refundable 50 percent credit, reduced (but not below 20 percent) as the taxpayer's adjusted gross income exceeds $15,000 (adjusted for inflation). Includes within the scope of the new credit up to $1,200 ($2,400 in the case of more than one qualifying individual) of respite care expenses incurred in the care of: (1) a dependent of the taxpayer who is at least 15 years old; or (2) a spouse or other dependent who is physically or mentally incapable of self-care. Subtitle C: Mortgage Financing for Family Day Care Centers - Small Day Care Center Assistance Act - Amends the Federal National Mortgage Association Charter Act and the Federal Home Loan Mortgage Corporation Act to define the term "mortgage" to include a mortgage secured by a one-to-four family residential property that is occupied as a residence and in which child care service is legally provided. Subtitle D: Flexible Work Force Tax Credit - Amends the Internal Revenue Code to permit an employer tax credit (to a maximum of two percent of wages) for one-third of the aggregate wages (to a maximum of $6,000) attributable to services performed by a full-time employee of the taxpayer who is permitted to work at home or during nonbusiness hours solely in order to reduce dependent care needs. Requires that there be at least a 20 percent reduction in the time of dependent care provided outside the employee's home. Terminates these provisions, subject to exception, after December 31, 1993. Subtitle E: Child Care Services in Transitional Housing - Transitional Housing Child Care Services Act - Amends the Stewart B. McKinney Homeless Assistance Act to authorize the Secretary of Housing and Urban Development to provide child care assistance for transitional housing residents. Subtitle F: Title XX Funding Increase - Amends title XX (Block Grants to States for Social Services) of the Social Security Act to increase the amount authorized for such program in FY 1991 and thereafter. Subtitle G: School-Based Child Care - State Dependent Care Grants Amendments Act of 1989 - Amends the State Dependent Care Development Grants Act to authorize the use of funds for operation of school-age child care services before and after school. Requires that such amounts be earmarked to enable children whose families lack adequate financial resources to participate in before or after school child care programs. Requires State Governors to include specified information in their reports on programs assisted under such Act. Extends until September 30, 1993, the period during which descriptions of intended uses of State allotments must be revised to reflect substantial changes. Title IV: Health - Subtitle A: Breast Cancer Prevention - 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. Subtitle B: Maternal and Child Health Funding Increase - Amends title V (Maternal and Child Health Services) of the Social Security Act to increase authorized appropriations for such program. Requires States, as a condition of receiving additional funds, to conduct a statewide needs assessment of maternity and infant care, including prenatal care and prevention of low birthweight and infant mortality, and to develop a plan to meet those needs. Changes State reporting requirements to monitor plan implementation results. Subtitle C: Infant Mortality Education and Health Services in Public Housing - Public Housing One-Stop Perinatal Services Act of 1989 - Directs the Secretary of Housing and Urban Development to carry out a program to demonstrate the effectiveness of grants to public housing agencies for providing facilities for one-stop perinatal services programs for pregnant women who reside in public housing. Sets forth preferences in selecting the agencies to receive grants. Limits the aggregate amount provided under these provisions for any public housing project to a specified sum. Requires services and facilities provided or assisted with grants under these provisions to comply with all applicable State and local laws, regulations, and ordinances, and all requirements established by the Secretary of Health and Human Services for such services and facilities. Authorizes appropriations. Subtitle D: Domestic Violence Judiciary Training Grants - Amends the State Justice Institute Act of 1984 to authorize the use of Institute funds to conduct up to five projects to: (1) investigate and carry out research regarding State judicial decisions relating to child custody litigation involving domestic violence; (2) develop training curricula to assist State courts to develop an understanding of, and appropriate responses to, child custody litigation involving domestic violence; and (3) disseminate the results of such investigation and research and the curricula to State courts. Authorizes appropriations through FY 1992. Subtitle E: Sense of Congress on Child Custody - Expresses the sense of the Congress that, for purposes of determining child custody, evidence of spousal abuse should create a statutory presumption that it is detrimental to the child to be placed in the custody of the abusive parent. Subtitle F: Immigration Reform for Domestic Violence Victims - Amends the Immigration and Nationality Act to permit certain battered alien spouses to apply for permanent residence without filing a joint petition (and interview) with the citizen spouse. Requires such an alien spouse to demonstrate: (1) that the marriage was entered into with good faith; and (2) evidence of physical abuse or extreme mental cruelty. Subtitle G: Long-Term Care Workers Demonstration Projects - Amends the Older Americans Act of 1965 to require the Commissioner on Aging to give special consideration to funding demonstration projects providing older individuals with the opportunity to serve as volunteers furnishing long-term care services to nursing home residents. Subtitle H: Sense of Congress on Caregivers - Declares that it is the sense of the House of Representatives that: (1) recognition and further attention should be given to the professional and personal needs of long-term care aides; (2) expanded access to health and pension benefits should be provided to such aides; (3) long-term care policy makers should recognize that problems of female household heads and minority workers affect most nursing care aides; (4) more data is needed on home health and nursing home aides; (5) expanded recruitment of specified groups should be considered to abate the long-term care aide shortage; and (6) changes should be made in nursing aide positions to ensure integration into management structures and to enhance attraction to careers in long-term care.
United States · United States Congress · 27 July 1989
Veterans PTSD Treatment and Psychological Readjustment Act of 1989 - Directs the Secretary of Veterans Affairs to increase the number of: (1) vet centers currently in existence by 20 additional units by December 31, 1991, and by 20 more units by December 31, 1994; and (2) post-traumatic stress disorder (PTSD) treatment facilities currently in existence by 15 additional units by December 31, 1991, and by 15 more units by December 31, 1994. Requires new vet centers to be established in cities which do not have such centers. Earmarks a specified amount of FY 1990 PTSD funding for contracts with private facilities and therapists for the provision of PTSD treatment. Requires the Secretary, in administering the Health Professionals Educational Assistance Program, to encourage the participation of individuals in the program who desire to become psychiatrists, psychologists, and psychiatric nurses specializing in the treatment of PTSD. Directs the Secretary to establish the Advisory Committee on Readjustment of Veterans. Requires the Secretary to consult with, and seek the advice of, the Committee with respect to: (1) the administration of Department benefits for veterans, particularly Vietnam veterans; (2) reports and studies pertaining to veterans, particularly Vietnam veterans; and (3) the needs of all veterans with respect to compensation, health care, readjustment, outreach, and other benefits and programs administered by the Department. Requires the Committee to report annually to the Secretary pertaining to the social, economic, educational, and psychological readjustment of veterans. Requires the Secretary to submit such reports to the Congress, along with comments and recommendations. Authorizes the Secretary to conduct a pilot program to contract for care and treatment and rehabilitative services in halfway houses, therapeutic communities, psychiatric residential treatment centers, and other community-based treatment facilities for eligible veterans suffering from PTSD. Requires the Chief Medical Director (CMD) to plan, design, and conduct such program. Requires the Secretary to approve the quality and effectiveness of a program operated by a contract facility before allowing veterans to be furnished treatment there under the pilot program. Directs the Secretary to: (1) urge all public and private entities to provide appropriate employment and training opportunities to veterans who have been provided treatment and rehabilitative services under this Act for PTSD and who have been determined to be sufficiently rehabilitated to be employable; and (2) provide all possible assistance to the Secretary of Labor in placing such veterans in such opportunities. Requires the Secretary to provide referral services and advice to veterans discharged or released from active service who are not eligible for PTSD treatment and services. Outlines provisions concerning the transfer of veterans to contract care facilities for treatment of PTSD, requiring such transfer only within 30 days of such member's enlisted tour of duty and only if such person requests such a transfer while on active duty. Limits the period of such care and rehabilitative services to five years after the fiscal year in which the pilot program is initiated. Requires the Secretary to report to the Senate and House Veterans' Affairs Committees on findings and recommendations pertaining to the operation of the pilot program authorized under this Act. Directs the CMD of the Department to conduct a research program relating to the treatment of PTSD.
United States · United States Congress · 26 July 1989
Designates the second Saturday in August 1989 as Duck Day USA in recognition of the practice of holding duck races as a means of providing support to institutions for learning disabled children.
United States · United States Congress · 25 July 1989
Fastener Quality Act - Prohibits the offering for sale or sale in commerce of any fastener (screw, nut, bolt, stud, similar threaded device, or washer) unless it is part of a lot which: (1) conforms to standards and specifications represented by the manufacturer; and (2) has been inspected, tested, and certified according to this Act. Sets forth special rules for small lots. Requires manufacturers to have a fastener lot sample inspected by a laboratory accredited under an approved system (including one owned or affiliated with the manufacturer if it is so accredited). Requires the laboratory, upon determination of conformance with the appropriate standards and specifications, to provide the manufacturer certificates with respect to such lot. Directs the Secretary of Commerce, through the Director of the National Institute of Standards and Technology, to establish: (1) a program for the accreditation of laboratories engaged in the inspection and testing of fasteners; (2) conditions under which accreditation by private entities using standards issued by consensus standards organizations shall be deemed to satisfy the accreditation requirements of this Act; and (3) conditions, no less stringent than those for private accrediting entities, under which accreditation of foreign laboratories by their governments shall be deemed to satisfy the requirements of this Act. Limits accreditation to three years. Requires that laboratory accreditation standards issued by one or more consensus standards organizations selected by the Director be used to accredit laboratories under the accreditation program. Authorizes the Director to hire contractors as necessary to carry out the accreditation program. Requires costs for the establishment and operation of the program to be fully reimbursable through fees or other charges for accreditation services. Directs the Secretary to ensure that private accrediting entities and laboratories accredited by such entities or by foreign governments comply with conditions and requirements in this Act. Requires the Director to periodically transmit recommendations to consensus standards organizations. Prohibits any manufacturer from selling any container of fasteners manufactured in the United States unless delivery to the first purchaser is accompanied by a written notification of testing and certification by an accredited laboratory. Prohibits any person from selling any container of fasteners manufactured outside the United States to any importer or end user unless delivery is accompanied by an original certificate from an accredited laboratory. Allows delivery to an importer or private label distributor without the required certificate if: (1) the manufacturer discloses in writing the appropriate standards and specifications; and (2) the importer or private label distributor assumes responsibility in writing for inspection and testing. Requires that, in a sale of any quantity for resale at wholesale, the container be conspicuously marked with the lot number. Requires persons who make significant alterations to a fastener subsequent to manufacture to have the altered fastener inspected and tested unless delivery is accompanied by a disclosure of the alteration and a warning. Requires subsequent disclosures of the alteration in resales. Prohibits commingling of fasteners from different lots in the same container. Requires fastener manufacturers or private label distributors to comply with requirements of a program for recordation of insignias. Directs the Secretary to establish such a program, including regulations to ensure traceability. Sets forth civil remedies, including declaratory and injunctive relief, and criminal penalties, including fines and imprisonment, for violations of this Act. Provides that nothing in this Act shall be construed to: (1) preempt any rights or causes of action that any buyer may have with respect to any seller of fasteners under the law of any State, except insofar as such State law conflicts with this Act; and (2) limit or otherwise affect the authority of any consensus standards organization to establish, modify, or withdraw any standards and specifications under any other law or authority in effect on the date of enactment of this Act.
United States · United States Congress · 25 July 1989
Veterans Agent Orange Exposure and Vietnam Service Benefits Act of 1989 - Provides that the disease of chloracne in Vietnam veterans shall be considered to have been service-connected if such disease became manifest to a ten percent or more degree of disability within one year after the last date on which the veteran performed such service in Vietnam. Presumes the following diseases to be service-connected for veterans who performed active service in Vietnam during the Vietnam era, notwithstanding that there is no record of evidence of such disease during the period of such service: (1) non-Hodgkins lymphoma; (2) soft-tissue sarcoma; and (3) melanoma and basal cell carcinoma. Provides a presumption of service-connection in the case of a Vietnam veteran suffering from a disease associated with effects of exposure to certain dioxins or other herbicide agents during such service in Vietnam. Directs the Secretary to prescribe regulations listing a positive association between any disease and the biological effects of exposure to an herbicide agent in Vietnam. Requires the Secretary to update such list continually. Requires the Secretary, in prescribing and revising such list, to obtain by contract the determinations and estimates of a contract scientific organization. Requires such organization to: (1) determine which diseases have any degree of association with the biological effects of exposure to an herbicide agent; and (2) estimate the extent of association between each such disease and each such biological effects. Requires the organization to determine such association specifically with respect to non-Hodgkins lymphoma, each soft-tissue sarcoma, lung cancer, and each other cancer. Outlines contract provisions required in such agreements between the Secretary and the scientific organization, including surveys, evaluations, and periodic determinations. Requires such scientific organization to provide reports to the Secretary and the Senate and House Veterans' Affairs Committees regarding its determinations and evaluations. Requires such organization to determine, in the effect of a positive association, whether there is a reasonable basis for concluding that a Vietnam veteran with the highest level of exposure to that herbicide agent in Vietnam was exposed to such agent under the circumstances necessary for such biological effects. Requires a report from the organization to the Secretary and the veterans' committees when there is no such reasonable basis found. Requires the Secretary to make certain determinations and follow-up reports after receiving such reports from the contract scientific organization, including the issuance of a report to the veterans' committees and the promulgation of positive association regulations, if necessary. Requires benefits to be continued even though a disease is removed from the regulations listing diseases having positive associations. Terminates such contracting authority ten years after the first day of the fiscal year in which a scientific organization transmits its first report to the Secretary. Provides special effective dates. Directs the Secretary to compile and analyze all clinical data that: (1) is obtained by the Department in connection with examinations and treatment of veterans for disabilities related to exposure to certain herbicides or to service in Vietnam; and (2) is likely to be scientifically useful in determining the association, if any, between the disabilities of such veterans and their exposure to such herbicides and other toxic substances. Requires the Secretary to submit an annual report to the veterans' committees concerning such analysis and its results. Directs the Secretary to consult with the Director of the National Institutes of Health Research and Grants Division (NIH) before compiling and analyzing such information. Requires the Director of NIH to review each annual report submitted by the Secretary and transmit to the Secretary an evaluation of the contents of each report. Directs the Secretary to establish and maintain a system for the collection and storage of voluntarily contributed samples of blood and tissue of veterans who performed active service in Vietnam during the Vietnam era. Outlines provisions concerning the security and authorized uses of such specimens, as well as limitations on the acceptance of such samples. Requires the Secretary to consult with the National Academy of Sciences (NAS) to the extent that an agreement has been reached with the NAS serving as the contract scientific organization for the Secretary. Requires the Secretary to consult with the Director of the Medical Follow-up Agency in the event of no agreement with NAS. Directs the Secretary to establish a program to provide for the conduct of studies of the feasibility of conducting additional scientific research on health hazards resulting from: (1) exposure to dioxin; (2) exposure to other toxic agents in herbicides used in support of U.S. and allied military operations in Vietnam during the Vietnam era; and (3) active military, naval, or air service there. Requires the Secretary to report to the veterans' committees on the results of such studies. Requires the Secretary to consult with the NAS before undertaking such studies and requires the NAS, to review such studies and report recommendations to the Secretary and the veterans' committees, to the extent provided under any agreement between the Secretary and NAS. Amends the Veterans' Benefits Improvement Act of 1988 to require the Secretary to annually furnish updated information to veterans listed in the Department of Veterans Affairs' Agent Orange Registry on health risks resulting from exposure to dioxin or other toxic agents in herbicides as a result of service in Vietnam during the Vietnam era. Directs the Secretary of Health and Human Services to report to the veterans' committees on the research being conducted to develop treatments for psychological absorption of dioxin and other toxic agents used in herbicides by the United States in Vietnam, including research relating to exposure to dioxin and other toxic agents outside Vietnam. Extends through December 31, 2000, the eligibility for hospital and nursing home care for veterans exposed to toxic substances in Vietnam. Amends the Veterans' Benefits Improvement Act of 1988 to authorize direct consultation between the Ranch Hand Advisory Committee and Department of the Air Force scientists conducting the Ranch Hand Study (a study of the long-term health effects of exposure to phenoxy herbicides and contaminants). Requires the preparation and submission of annual reports and a final report in connection with such study.
United States · United States Congress · 21 July 1989
Emerging Telecommunications Technologies Act of 1989 - Directs the Secretary of Commerce to submit to the President and the Congress a report identifying, and recommending for reassignment, frequencies that: (1) are assigned to Government stations pursuant to the Communications Act of 1934 (the Act); (2) are not required for the present or identifiable future needs of the Government; (3) could be made available for use under the Act (other than for Government stations); and (4) are most likely to have the greatest potential for commercial uses. Sets forth criteria for identifying, and recommending for reassignment, such frequencies. Requires the Secretary to submit to the Congress a report which makes a preliminary identification of reassignable frequencies. Directs the Secretary to convene a private sector advisory committee to: (1) review the frequencies identified in the preliminary report; (2) advise the Secretary with respect to the frequencies which should be included in the final report; and (3) prepare and submit to the Secretary and specified congressional committees a report on recommendations for the reform of the process of allocating the electromagnetic spectrum for civilian and Government use. Directs the President, after receiving the final report, to: (1) withdraw the assignment to a Government station of any frequency which such report recommends for reassignment; (2) limit the assignment to a Government station of any frequency which such report recommends be made available for mixed use; (3) assign or reassign other frequencies to Government stations as necessary to adjust to such withdrawal or limitation of assignments; and (4) notify the Federal Communications Commission (FCC) and each House of Congress of the actions taken. Authorizes the President to substitute alternative frequencies in the interest of national defense, important governmental needs, or public health or safety. Directs the FCC to submit to the President and the Congress a plan for the distribution of the reassigned frequencies. Prohibits the use of any auction or comparable device to allocate frequencies. Authorizes the President to reclaim reassigned frequencies for reassignment to Government stations. Sets forth procedures for reclaiming frequencies. Authorizes appropriations to cover the costs of reclaiming frequencies.
United States · United States Congress · 21 July 1989
Public Access to Captioned Television Act of 1989 - Amends part A (General Provisions) of title XI of the Social Security Act to permit participation in the Medicaid and Medicare programs only to hospitals which certify that each patient is provided, upon request, with a room furnished with a television capable of displaying closed-captioning and that notice of this service is given to the patient at the time of admission. Exempts hospitals that do not make televisions available to patients. Institutes comparable requirements for nursing care facilities and intermediate care facilities for the mentally retarded, requiring that televisions in common areas of the relevant facility be capable of displaying closed-captioning. Amends the Public Health Service Act and other Federal law to institute the same requirements for Public Health Service facilities and for hospitals, nursing homes, and domiciliary facilities under the direct jurisdiction of the Veterans Administration (effective March 1989, Department of Veterans Affairs). Amends the Higher Education Act of 1965 to require institutions of higher education and vocational schools, in order to be eligible for student assistance programs, to certify that televisions capable of displaying closed-captioning are available for use in classrooms and common areas, unless the Secretary of Education determines that waiver or modification is appropriate. Amends the Elementary and Secondary Education Act of 1965 to require any local educational agency conducting programs that include television program viewing to certify that the televisions used are capable of displaying closed-captioning, unless the Secretary of Education determines that waiver or modification is appropriate. Directs all Federal entities that use television or video programming to provide public information or educational services to make reasonable efforts to caption the programming and make it available to the general public and to organizations that serve the hearing-impaired. Prohibits Federal funding of conferences, seminars, or similar activities held in a public lodging establishment that does not, upon request, provide guests with rooms furnished with televisions capable of displaying closed-captioning. Permits the Secretary of the Treasury to waive this prohibition if the entity sponsoring or funding the event certifies that the waiver would be appropriate. Requires federally funded or federally sponsored public service announcements to be closed-captioned.
United States · United States Congress · 21 July 1989
Emergency Chinese Immigration Relief Act of 1989 - Amends the Immigration and Nationality Act to provide for the adjustment to temporary or permanent resident status, or change to another nonimmigrant status, of certain nonimmigrant (student, exchange visitor) nationals of the People's Republic of China. (Waives the two-year home country residence requirement for "J" visa exchange visitors.) Authorizes such persons to travel abroad and to work in the United States. Establishes a deferred departure period for such persons through June 5, 1993. Authorizes the Attorney General as of June 5, 1990, to terminate such deferred departure if the President certifies to the Congress that conditions in China have changed.
United States · United States Congress · 19 July 1989
Dolphin Protection Consumer Information Act of 1989 - Provides for the labeling of all tuna products as "DOLPHIN SAFE" if the products are, in their entirety: (1) not caught with specified nets or technologies; and (2) regardless of the country of origin, sold or consumed in the United States. Requires tuna products sold or consumed in the United States and not so labeled to bear the statement: "The tuna in this product has been captured with technologies that are known to kill dolphins." Deems a can, box, or package containing any tuna product mislabeled if it is not labeled as required by these provisions, or if its label contains any false or misleading information pertaining to dolphins, whales, or other cetaceans. Directs the Secretary of Health and Human Services, through the Food and Drug Administration, to conduct inspections to determine if tuna products are being labeled in accordance with provisions of this Act. Authorizes any person to commence a civil action against the Secretary where there is alleged a failure of the Secretary to perform the inspection. Provides for injunction proceedings, jurisdiction, burden of proof, trial by jury, and awarding of costs. Authorizes any U.S. citizen to seek an injunction or restraining order. Provides for criminal penalties.
United States · United States Congress · 17 July 1989
Establishes the Commission on the Goddess of Democracy Statue to erect a statue on Federal land in the District of Columbia resembling the statue displayed in June 1989 by prodemocracy demonstrators in Tiananmen Square, Beijing, China. Specifies the duties of the Commission, its membership, and sources of funding. Authorizes the President to offer such statue to the Chinese people to be displayed in China when the President determines that the Chinese Government will respect the democratic principles that led to the display of the original statue.
United States · United States Congress · 13 July 1989
Department of Defense Acquisition Reorganization Act of 1989 - Establishes in the Department of Defense (DOD) a defense acquisition system that shall be administered by the Under Secretary of Defense for Acquisition (Under Secretary). Requires all DOD functions relating to the acquisition of property and services to be performed using the defense acquisition system. Terminates the separate defense procurement authority currently held by the Secretaries of the Army, Navy, and Air Force. Establishes in DOD a Defense Acquisition Corps (DAC), to be headed by the Under Secretary. Requires the Secretary of Defense to make appointments to DAC from the best-qualified civilian applicants. Directs the Secretary to establish a personnel program for civilian personnel within DAC. Outlines personnel rules to be issued by the Secretary in connection with such program. Exempts DAC personnel from certain competitive service and other requirements applicable to other Federal employees. Authorizes the Secretary to establish a merit pay program for such members of the DAC as the Secretary considers appropriate. Provides for assignment of civilian personnel to positions within DAC, requiring the Secretary to review current acquisition-related positions within the military departments and to make initial appointments to DAC from the best-qualified civilian and military personnel currently assigned to acquisition-related functions within DOD. Directs the Secretary to review each major defense acquisition program before such program proceeds into each of the following stages: (1) validations of plans and requirements; (2) initial research and development; (3) full-scale development; and (4) production. Prohibits the Secretary or the Secretary of a military department from obligating or expending funds with respect to a stage of such a program unless the Secretary approves such program at the beginning of such stage. Prohibits the Secretary from delegating any such approval power to the Secretary of a military department. Directs the Secretary to establish and operate a Defense Acquisition University which shall include all acquisition-related defense schools in existence as of the enactment of this Act. Outlines rules to be issued by the Secretary in establishing and operating such University.
United States · United States Congress · 12 July 1989
Requests: (1) the Soviet Union to release the prison records of Raoul Wallenberg and account for his whereabouts; and (2) the President to pursue such release and accounting through diplomatic actions with the Soviet Union.
United States · United States Congress · 29 June 1989
Authorizes any Army, Navy, Marine Corps, Air Force, or Coast Guard band to produce recordings for commercial sale. Allows proceeds to be credited to the appropriations of the Departments of the Army, Navy, Air Force, and the Coast Guard for the expenses of such bands. Directs the Secretaries of the Army, Navy, Air Force, and Transportation to prescribe regulations governing the accounting of such proceeds.
United States · United States Congress · 29 June 1989
Federal Fire Service Pay Schedule Act of 1989 - Establishes a pay schedule for Federal fire service personnel. Excludes employees of the District of Columbia from such schedule. Provides for periodic and additional step increases, minimum hours of work, the computation of overtime, educational incentive service step increases, retirement, pay comparability, and additional compensation for technicians.
United States · United States Congress · 29 June 1989
Postal Service Voter Registration Facilitation Acts of 1989 - Directs the Postal Service to provide voter registration forms whenever change-of-address forms are provided to postal patrons. Declares that the Postal Service shall not be obligated to provide voter registration forms in any State whose voter registration authority has not provided voter registration forms to the Postal Service. Directs the Postal Service to notify State voter registration authorities of this Act's enactment.
United States · United States Congress · 29 June 1989
Postal Service Voter Registration Facilitation Acts of 1989 - Directs the U.S. Postal Service to make space available in post offices for State voter registration authorities to place voter registration forms and materials. Directs the U.S. Postal Service to notify State voter registration authorities of this Act's enactment and mail a copy of the public law to such authorities.
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 · 23 June 1989
Designates September 1989 as National Minority Health Awareness Month. Directs the Secretary of Health and Human Services to: (1) make publicly available information on minority health problems and minority health professionals' careers and contributions; and (2) present public service announcements on health promotion and disease prevention among minority Americans.
United States · United States Congress · 21 June 1989
Stratospheric Ozone Protection Act of 1989 - Amends the Clean Air Act to list as class I and II substances which are known or may reasonably be anticipated to contribute to stratospheric ozone depletion. Authorizes any person to petition the Administrator of the Environmental Protection Agency (EPA) to add a chemical to such lists. Requires the Administrator to: (1) add to the class I list any substance having an ozone depletion potential greater than .15; (2) add to the class II list any substance having a significant ozone depletion potential; and (3) assign each listed substance a numerical ozone depletion potential factor, based upon a comparison with chlorofluorocarbon-11. Directs producers and importers of such substances to report annually to the Administrator on the production or import levels of such substances. Makes it unlawful to produce such substances in an amount greater than 1986 levels effective 180 days after enactment of this Act. Requires a further reduction by July 1, 1993, and makes it unlawful, effective July 1, 1996, to produce such substances for other than medical purposes. Authorizes the Administrator to promulgate rules under which persons may produce such substances in annual quantities greater than those specified under this Act if such persons obtain the rights to such production from other persons who will be subject to enforceable reductions in such substances which: (1) exceed the reduction otherwise required; (2) are greater than the annual production increase; and (3) would not have occurred in the absence of such transaction. Makes it unlawful to produce any listed substance which yields an ozone depletion potential greater than the 1986 depletion level. Requires the Administrator to promulgate regulations requiring a 95 percent reduction in ozone depletion potential of such substances by 1997. Provides that if the Administrator fails to promulgate such regulations, it shall be unlawful, effective July 1, 1997, to produce such substances in annual quantities yielding ozone depletion potentials greater than five percent of the 1986 depletion level. Directs the Administrator to promulgate regulations requiring producers of such substances to reduce production more rapidly if the accelerated schedule is necessary to protect human health and the environment or if the reduction is attainable, based on the availability of substitutes for such substances. Prohibits the importation of such substances or products using such substances, unless the exporting nation has an equivalent or more stringent production reduction program. Requires the Administrator to certify national programs, such certification to be reviewed annually. Equates imports with production when determining a manufacturer's required reductions. Directs the President to prohibit: (1) the export of technologies to produce class I substances; and (2) investment in facilities for producing such substances in nations which are not certified. Requires the Administrator to: (1) review sources containing information on potential chemicals or product substitutes and alternative manufacturing processes as replacements for class I substances; (2) report such findings to the Congress; (3) require producers to provide the EPA with their unpublished health and safety studies on chemical substitutes for such substances and notify the EPA before existing chemicals are put to significant new uses as chlorofluorocarbon and halon substitutes; and (4) annually update such review and, two years after this Act's enactment, include class II substances in such review. Directs the Administrator to promulgate rules applicable to replacements for such substances to require that processes and products that reduce overall risks to public health and the environment are used. Requires the Administrator to publish a list of prohibited substitutes and safe alternatives. Authorizes any person to petition the Administrator to add or remove a substance from such list. Makes it unlawful, after 1992, to manufacture or import any household or commercial appliance containing such substances unless such appliances have apertures that allow the removal of such substances without loss into the atmosphere. Prohibits, after 1990, the introduction of such substances into interstate commerce in pressurized containers weighing less than 15 pounds. Requires the Administrator to promulgate regulations requiring the maximum feasible reductions in the use of class I substances, including measures to: (1) recover and recycle such substances in manufacturing processes and prior to disposal of products containing such substances; (2) increase the efficiency of the use of such substances; (3) provide for the use of safe alternatives; (4) achieve reductions of at least 50 percent in the use of class I substances for servicing and repairs of household and commercial appliances and in the manufacture of products in which such substances are used as solvents or blowing agents; and (5) achieve reductions, without reduced fire safety, in releases associated with discharges of such substances from fire prevention or extinguishing equipment. Prohibits business establishments from performing services on motor vehicle air conditioners involving refrigerants, unless approved refrigerant recycling equipment is used and persons performing such services have been properly trained and certified. Applies such requirement three years after this Act's enactment to establishments which performed service on fewer than 100 air conditioners during 1990. Requires such establishments to certify to the Administrator that they meet such requirements or serviced fewer than 100 air conditioners during 1990. Requires containers of listed substances to bear labels stating that such substances harm public health and the environment by destroying the ozone layer and disrupting the climate.
United States · United States Congress · 21 June 1989
Emergency Chinese Adjustment of Status Facilitation Act of 1989 - Waives the two-year home country residence requirement for nationals of the People's Republic of China in the United States on a student (J) visa. Continues the legal status of nonimmigrant nationals of the People's Republic of China in the United States for adjustment or change of status purposes.
United States · United States Congress · 15 June 1989
United States-Cuba Communications Act of 1989 - Requires the U.S. Postal Service to provide direct mail service to Cuba. Authorizes any common carrier to install, maintain, and repair telephone communications equipment and facilities in Cuba, notwithstanding any current restrictions on dealings with Cuba under specified Federal law. Directs the President to provide for the transfer of assets to the extent necessary to allow for: (1) the reasonable compensation of a common carrier for the installation of facilities in Cuba; and (2) payment to Cuba of its share of the revenues from telephone communications between the United States and Cuba.
United States · United States Congress · 14 June 1989
Maternal and Child Health Block Grant Amendments of 1989 - Amends title V (Maternal and Child Health Services) of the Social Security Act to increase authorized appropriations under such title. Adds the promotion and provision of family-centered, community-based, coordinated care for children with special health care needs to the purposes to which title V block grants to States shall be devoted. Increases amounts set aside from the block grant program to enable the Secretary of Health and Human Services to develop and expand: (1) maternal and infant health home visiting programs; (2) integrated maternal and child health service delivery systems; (3) maternal and child health centers; and (4) maternal and child health projects serving rural populations. Authorizes States to use block grant funds to pay the salaries of National Health Service Corps personnel. Prohibits States from using more than ten percent of block grant funds for administering such funds. Requires States to use at least: (1) 30 percent of block grant funds for preventive and primary care for pregnant women, mothers, and infants; (2) 30 percent of such funds for preventive and primary care for children; and (3) 30 percent of such funds on children with special health care needs. Permits a waiver of such requirement if a State demonstrates an extraordinary unmet need for one of the activities. Requires State agencies administering a State's title V program to assist individuals who are eligible for assistance under title XIX (Medicaid) of the Social Security Act in applying for Medicaid benefits. Requires title V providers to provide Medicaid services. Imposes maternal and child health reporting requirements on States and the Secretary of Health and Human Services. Provides States with Federal, technical assistance in developing consistent and accurate maternal and child health data collection mechanisms. Directs the Secretary to develop: (1) a model application form for use in applying, simultaneously, for assistance for a pregnant woman or a child under age six under specified maternal and child assistance programs; and (2) a national system for linking an infant's birth record, such infant's death record, and information on Medicaid claims submitted with respect to such infant or his or her birth.
United States · United States Congress · 8 June 1989
Air Toxics Control Act of 1989 - Amends the Clean Air Act to establish a list of hazardous air pollutants. Permits any person to petition the Administrator of the Environmental Protection Agency for additions to or deletions from such list. Requires the presentation of adequate data concerning health or environmental effects for such additions or deletions. Prohibits air pollutants for which national air quality standards have been established, with specified exceptions, from being added to such list. Directs the Administrator to review and revise such list at least every five years. Requires the Administrator to list and establish emissions standards for categories of major emitting facilities. Establishes a timetable for the promulgation of such standards, requiring standards for all categories within eight years of this Act's enactment. Directs the Administrator to review and, if necessary, revise such standards at least every five years. Requires the Administrator, within four years of promulgating standards for a category, to evaluate risks to human health and the environment remaining after application of such standards. Provides for revisions of such standards for carcinogens or other pollutants not meeting emissions thresholds. Authorizes the Administrator to promulgate design, equipment, work practice, and operation standards for major emitting facilities under this Act. Directs the Administrator to promulgate such standards when it is infeasible to establish a numerical emission limitation standard for any category. Requires such standards to: (1) achieve reductions comparable to numerical emission limitations under this Act; (2) include leak prevention, detection, and correction requirements unless the Administrator finds such requirements infeasible or unnecessary; (3) require owners or operators of major emitting facilities to carry out annual safety inspections to locate leaks and unpermitted releases and to report the results of such inspections to the permitting authority; and (4) include procedures for monitoring or measuring emissions and for demonstrating compliance with such requirements. Authorizes the Administrator to establish a de minimis level for emissions from categories of facilities under this Act, provided that such level does not exceed 10 tons annually for any single hazardous air pollutant or 25 tons annually for a combination of such pollutants. Makes it unlawful to construct or modify a major emitting facility or to emit any pollutant subject to this Act's standards, except in compliance with a permit. Outlines the requirements of the permit program. Limits permits to five-year periods. Requires inspections of facilities for permit issuances or renewals. Authorizes the issuance of a temporary permit if a facility owner or operator certifies that the facility is in compliance with applicable standards. Requires the permitting authority to review and inspect such facility to determine whether a full permit should be issued. Requires compliance with standards by existing facilities within three years of the promulgation or revision of such standards. Exempts facilities from standards for carcinogens or nonthreshold air pollutants if a permit contains alternative emission limitations which will prevent adverse health or environmental effects. Grants extensions for permit compliance to existing facilities under specified conditions. Authorizes the President to exempt any facility from any standards for up to two years if the technology to implement such standards is unavailable and the operation of the facility is required for national security reasons. Authorizes additional two-year extensions of such exemptions. Requires the President to report to the Congress with respect to each exemption or extension. Allows exemptions from emission standards for facilities which achieved reductions of at least 95 percent from uncontrolled emissions of a hazardous air pollutant prior to proposal of the standard. Directs the Administrator to conduct an urban pollution research program to include: (1) ambient monitoring for a broad range of hazardous air pollutants in a representative number of urban locations; (2) analysis to characterize the area sources of such pollution and the health risks posed by such pollutants; and (3) consideration of factors which elevate such health risks. Requires State air pollution agencies which receive Federal grants and have responsibility for metropolitan areas with populations over 250,000 to establish monitoring programs to measure the concentrations of hazardous air pollutants. Directs the Administrator to list and promulgate emissions standards for categories of area sources of hazardous air pollutants. Establishes a timetable for the promulgation of such standards, requiring standards for all categories within eight years of this Act's enactment. Requires the Administrator to review and, if necessary, revise such standards at least every five years. Authorizes States to submit to the Administrator for approval programs for the implementation and enforcement of permits or standards concerning areas sources. Permits the transfer of the Administrator's enforcement authorities to a State. Requires the Administrator to publish guidance for use in program development. Sets forth provisions regarding approval of such programs. Requires the Administrator to review State programs at least every two years and to withdraw approval of any program if determined that a State is not administering or enforcing such program. Authorizes the Administrator to make grants to States for program development. Requires the Administrator to: (1) investigate the sources of atmospheric deposition of hazardous air pollutants on the Great Lakes and tributary waters and evaluate the adverse human health and environmental effects of such deposition; (2) report the results of such investigation to the Congress; and (3) promulgate further emissions standards or control measures necessary to prevent the effects of such deposition. Directs the Administrator to report to the Congress on the implementation of certain requirements under this Act and to maintain a database on pollutants and sources subject to provisions of this Act. Requires such report to identify specific metropolitan areas which experience high risks to human health as the result of hazardous air pollutant emissions and the sources of such emissions. Makes available to the public any information submitted to a permitting authority. Directs the Administrator to establish and maintain an air toxics clearinghouse, control technology center, and risk information center to provide technical assistance and information to States, local agencies, and the public on emissions reduction. Requires the Administrator to review and, if necessary, revise risk evaluation guidelines at least every five years. Require such evaluations to evaluate direct and indirect exposure pathways. Directs the Administrator to establish standards and procedures for the certification of persons preparing such evaluations. Requires the Administrator to publish a list of air pollutants which: (1) are emitted by motor vehicles into the ambient air or into the interior of a motor vehicle; and (2) cause or contribute to air pollution which may result in serious adverse effects to human health or the environment. Sets forth the same petitioning, review, revision, and risk evaluation procedures as those applicable to major emitting facilities. Establishes diesel particulates emissions standards for: (1) passenger vehicles and light trucks manufactured after 1991; and (2) heavy trucks and buses manufactured after 1990. Makes it unlawful, on the later of one year after this Act's enactment or January 1, 1991, to sell or introduce into commerce any leaded gasoline for use as a motor vehicle fuel. Requires the Administrator to promulgate regulations for the reduction of particulates from existing diesel buses. Permits requirements for municipal transit buses to be more stringent than those applicable to other buses. Directs the Administrator to list at least 100 substances which, as the result of an accidental release, may cause adverse human health or environmental effects. Treats liquids and gases identified by the Secretary of Transportation as toxic by inhalation as listed under this section if the Administrator fails to list 100 substances by the required deadline. Requires the Administrator to review substances which are not on such list but are listed under the Emergency Planning and Community Right-to-Know Act of 1986, this Act, and the list identified by the Secretary for possible additions to the list. Provides for petitioning and modification of such list, as appropriate. Requires the Administrator to update such list at least every five years. Directs the Administrator to: (1) establish de minimis quantities of listed substances; and (2) promulgate regulations to provide for prevention and detection of accidental releases of such substances from covered facilities and for response to such releases by owners or operators of such facilities. Requires such regulations to include monitoring, inspection, recordkeeping, storage, design, equipment, work practice, and operational requirements. Directs owners or operators of such facilities to implement risk management plans to detect and prevent or minimize accidental releases. Requires such plans to include hazard assessments, prevention programs, and response measures. Directs the Administrator to promulgate guidelines to assist in the preparation of such plans. Sets forth compliance and enforcement provisions. Requires the President to establish within the EPA an independent Chemical Safety and Hazard Investigation Board to: (1) investigate and report on accidental chemical releases; (2) propose corrective safety steps for chemical facilities; and (3) promulgate requirements for the reporting of such releases. Authorizes the Board to hold hearings, secure written reports from persons handling chemicals, obtain autopsy reports, and conduct inspections of any facility where an accidental release has occurred. Makes information obtained by the Board, with the exception of information concerning trade secrets, available to the public. Directs the Administrator to set forth reasons for any refusal to implement a recommendation of the Board. Requires the Board to report annually to the Congress on recommendations submitted to the Administrator regarding accidental releases. Authorizes appropriations. Repeals certain provisions of the Clean Air Act concerning the revision of stationary source regulations. Increases penalties for specified violations of such Act.
United States · United States Congress · 8 June 1989
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 · 8 June 1989
Urges the President to address basic human needs as a priority of foreign assistance to Central America. Urges the Administrator of the Agency for International Development to: (1) strengthen programs to address the needs of victims of war, including amputees; (2) increase the number of immunizations provided to Central Americans; (3) strengthen programs to reduce child mortality from diarrheal disease; (4) develop strategies to provide universal literacy for primary school age children; and (5) develop a program to provide safe water supplies to rural areas. Urges the President to increase funding for targeted assistance under the Agricultural Trade Development and Assistance Act of 1954, and structure food assistance consistent with the recommendations of the International Commission for Central American Recovery and Development. Urges the President to request full funding for payment of the United States assessed contribution to the Pan American Health Organization, including payment of all arrearages.
United States · United States Congress · 6 June 1989
White House Conference on Homelessness Act - Directs the President to call a National White House Conference on Homelessness. Provides for State and regional conferences. Requires a report to the President and to the Congress. Authorizes appropriations.
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
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
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: (1) establish a national trust for African-American museums; and (2) report to the Congress and the President annually on its activities and operations. Authorizes appropriations.
United States · United States Congress · 24 May 1989
Racial Justice Act - Prohibits the imposition or the carrying out of the death penalty in a racially disproportionate pattern. States that a racially disproportionate pattern occurs when the penalty of death is imposed: (1) more frequently upon persons of one race; or (2) more frequently as punishment for crimes against persons of one race. Provides that ordinary methods of statistical proof shall suffice to establish a racially disproportionate pattern. States that it shall not be necessary to show discriminatory motive, intent, or purpose on the part of any individual or institution. Establishes the requirements for a prima facie showing that a racially disproportionate pattern exists. States that the Government may rebut a prima facie showing by establishing by clear and convincing evidence that identifiable nondiscriminatory factors explain the racial disparities constituting the disproportion. Requires any State or Federal entity that provides for the imposition of the death penalty to collect and maintain pertinent data on the charging, disposition, and sentencing patterns for all cases of death-eligible crimes. Provides for the appointment of counsel for all indigent clients (and the furnishing of investigative and other services) for habeas corpus actions arising under this Act. Provides that no State court determination on the merits of a factual issue pertinent to a claim under this Act shall be presumed to be correct unless: (1) the State has collected and maintained the necessary death penalty data; and (2) the determination was made in a court proceeding where the defendant was afforded his rights required under this Act. States that the failure to raise such a claim before the enactment of this Act shall not bar future claims.
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
International Plutonium Control Act - Urges the President to seek negotiations with the Soviet Union on a verifiable agreement to end the production by both countries of plutonium and highly enriched uranium for weapons purposes. Expresses the sense of the Congress that the United States and the Soviet Union should: (1) establish verification arrangements to monitor the cessation of activities under this Act, including mutual inspections of production reactors, chemical separation and uranium enrichment facilities, and isotope separation plants; (2) furnish the equipment and personnel to implement safeguards at civilian nuclear facilities and consider transferring the safeguards mission to the International Atomic Energy Agency; and (3) consider increasing their respective contributions to the Agency to fund the assignment of fully trained inspectors to each country to assume additional safeguards responsibilities at civilian nuclear facilities. Urges the President to seek agreement with the Soviet Union that the United States and the Soviet Union will: (1) exchange information on the location, mission, and maximum annual capacity of their facilities essential to the production of tritium for stockpile replenishment; and (2) provide to each other a complete inventory of facilities dedicated to the production of plutonium and uranium for weapons purposes. Prohibits funds from being obligated or expended by the United States to operate facilities dedicated to the production of plutonium for weapons purposes unless the President certifies to the Congress that: (1) the Soviet Union has refused to enter in good faith into the negotiations; (2) the United States is unable to determine that Soviet facilities producing plutonium have ceased operation; or (3) the Soviet Union is continuing to obtain plutonium by operating civilian chemical separation plants that are not under bilateral U.S.-Soviet safeguards.
United States · United States Congress · 18 May 1989
Food Irradiation Safety and Labeling Requirement Act of 1989 - Prohibits the Secretary of Agriculture from implementing pork irradiation regulations and the Secretary of Health and Human Services from implementing other food irradiation regulations. Requires the Secretary of Health and Human Services to arrange for and report within two years on a study of the risks to human health and the environment presented by food irradiation. Amends the Federal Food, Drug, and Cosmetic Act to require that food for domestic use or export which has been irradiated be labeled in a prescribed fashion. Requires restaurant menus to indicate when foods have been irradiated. Requires persons irradiating food to report semiannually to the Secretary.
![Official portrait of Rep. Leland, Mickey [D-TX-18]](https://www.congress.gov/img/member/l000237_200.jpg)