United States · United States Congress · 13 April 1989
Tank Spill Prevention Act of 1989 - Amends the Solid Waste Disposal Act to require the Administrator of the Environmental Protection Agency to promulgate regulations applicable to above-ground storage tanks which include requirements that tank owners and operators adopt spill and leak prevention plans and construct and maintain spill and leak prevention systems. Requires that spill and leak prevention systems: (1) be capable of catching and holding 110 percent of the tank's capacity; and (2) be reviewed by the tank's owner or operator and a qualified registered professional engineer and certified as fail safe and reflective of good engineering practices. Requires that spill and leak prevention plans: (1) be designed specifically for each facility; (2) assure that adequate procedures, equipment, and trained personnel are available to control and clean up any release of a regulated substance; (3) include tank testing before beginning operations and periodically thereafter; (4) be certified by a qualified registered professional engineer as reflective of good engineering practices; (5) be updated periodically as new spill control and clean-up technology is developed; and (6) include procedures for the prompt notification of the National Response Center and the nearest local government. Authorizes the Administrator to require a tank owner or operator to undertake corrective action in response to any release of a regulated substance from the tank when such action will be done properly and promptly. Permits the Administrator, upon notification of a release, to prohibit operations in a facility until such action has been taken. Authorizes the Administrator to take corrective action where the owner or operator fails to take prompt and effective action and human health and the environment are endangered. Requires tank owners or operators to amend their spill and leak plans and systems whenever a major modification in the design, construction, operation, or maintenance of the tank materially affects the tank's potential to release substances. Prohibits a tank's use until such amended plan and system have been certified by an engineer and approved by the Administrator. Permits the establishment of financial responsibility for a spill by any means the Administrator deems appropriate. Authorizes the assertion of claims against guarantors providing evidence of financial responsibility for claims against insolvent owners or operators of tanks. Limits guarantor liability to the aggregate amount which the guarantor has provided as evidence of financial responsibility to the owner or operator. Authorizes the Administrator to establish coverage requirements which may vary among particular classes or categories of above-ground storage tanks. Authorizes a State to submit for the Administrator's review and approval a program under which such State would assume primary responsibility for the enforcement of regulations pertaining to above-ground storage tanks. Requires that State regulation and enforcement procedures be at least as stringent as those used by the Administrator. Requires the Administrator to monitor State programs for compliance with this Act's requirements. Directs the Administrator to impose a fee on all above-ground storage tanks which shall be deposited in a Tank Spill Enforcement Fund for use in providing grants to States for administering State programs. Authorizes the Administrator to issue compliance orders or commence civil actions against violators of this Act's requirements, but requires that prior notification be given to States operating their own program. Imposes criminal and civil monetary penalties for violations of this Act's requirements. Makes tank owners and operators liable for the Administrator's corrective action costs and damages arising out of or directly resulting from the unauthorized release of a regulated substance from the tank. Makes third parties liable when owners or operators can establish that the costs and damages were caused solely by third parties. Sets forth defenses to liability. Authorizes the Administrator to establish limits on total liability except where: (1) the incident was proximately caused by the willful misconduct or gross negligence of the tank owner or operator, or by the violation of applicable Federal safety, construction, or operating regulations; or (2) the tank owner or operator fails to report an incident where required by law to do so and has reason to know of such incident or fails to cooperate and assist with removal activities. Provides for the appointment of Federal and State trustees who shall act on behalf of the public to recover damages for injuries and losses to natural resources. Gives a trustee's assessment of such damages the status of a rebuttable presumption in administrative and judicial proceedings. Requires that recovered sums be used to restore or replace natural resources. Allows tank owners or operators to recover removal costs and damages to which a defense or liability limitation is applicable, provided such claim is presented within a specified period of time. Prohibits indemnification agreements from effectively transferring liability under this Act.
United States · United States Congress · 13 April 1989
United States Peace Tax Fund Act - Amends the Internal Revenue Code to establish in the Treasury the United States Peace Tax Fund (Fund) to receive payments designated on the tax returns of qualified individuals to be used for nonmilitary purposes. Directs the Secretary of the Treasury to report annually to the Congress on amounts transferred into the Fund. Requires the information to be printed in the Congressional Record. Permits conscientious objectors to designate on their income tax returns that any tax liability be paid into the Fund. Makes this designation procedure available to any individual who has demonstrated himself or herself, by reason of religious training and belief, to be opposed to participation in war in any form. Requires that each publication of general instructions accompanying income tax returns include specified information about the Fund, including the purposes of the Fund and the criteria governing one's eligibility to designate tax payments for it. Requires every taxpayer who makes such a designation for any taxable year to file a questionnaire return for the purpose of determining whether the taxpayer is an eligible individual. Permits the setting aside of criminal or civil penalties imposed upon a taxpayer for nonpayment of tax prior to 1990 if the taxpayer pays the tax due (with interest) and establishes to the satisfaction of the Secretary of the Treasury that the nonpayment was due to religious beliefs. Authorizes corresponding procedures in connection with estate and gift tax payments, under conditions prescribed by the Secretary of the Treasury. Directs the Comptroller General to determine the percentage of actual appropriations made by the United States from the Federal budget during the preceding year for military purposes. Requires publication of this information in the Congressional Record. Establishes a United States Peace Tax Fund Board of Trustees to distribute funds for eligible nonmilitary activities and research. Directs the Board to publish regulations to govern applications for funds. Authorizes appropriations.
United States · United States Congress · 12 April 1989
Basic Health Benefits for All Americans Act - Title I: Amendments to Public Health Service Act - Amends the Public Health Service Act to add provisions which require each employer to enroll each of its employees and their families in a health benefit plan. Makes State and local employers which do not so enroll their employees and their families ineligible to receive grants, contracts, loans, or loan guarantees under such Act. Title II: Amendments to Fair Labor Standards Act of 1938 and Employee Retirement Income Security Act of 1974 - Amends the Fair Labor Standards Act of 1938 to add provisions which require each employer to enroll each of its employees and their families in a health benefit plan. Amends the Employee Retirement Income Security Act of 1974 (ERISA) regarding supersedure of State laws relating to contracts or policies of insurance issued to or under a health benefit plan under title III of this Act. Title III: Requirements for Health Benefit Plans for Employees and Their Families - Subtitle A: Requirement and Definitions - Applies this title to employers required to enroll employees in health benefit plans under certain provisions of the Public Health Service Act or the Fair Labor Standards Act of 1938. Requires each small and certain large employers to use a regional insurer, subject to certain exceptions and conditions. Requires that enrollment of an employee in a health benefit plan under this title includes enrollment of the employee's family in the plan. Prohibits the employee from waiving personal or family enrollment. Provides exceptions: (1) to avoid duplicate family coverage; and (2) in the case of multiple employers. Prohibits employers from discriminating against any individual because such individual has a spouse or child required under this title to be enrolled in a health benefit plan. Subtitle B: Requirements for Health Benefit Plans - Sets forth general requirements for plans. Permits a health benefit plan to be considered as meeting such requirements provided the actuarial benefits under the plan are not less than would have applied if the plan met the requirements of this subtitle. Sets forth minimum requirements, including a limit on out-of-pocket expenses. Mandates inclusion of certain mental health benefits. Directs the Secretary of Health and Human Services to: (1) establish an advisory board to advise the Secretary on development of actuarial equivalency standards; and (2) publish, at least three months before the effective date of this Act, a table of actuarial equivalency describing as many variations as feasible. Declares a plan using variations not included in the table to be in compliance with this Act if it meets certain requirements. Directs the Secretary to establish streamlined procedures regarding employers with multiple plans. Allows new small businesses to use a tailored health benefit plan, as defined in this title. Specifies benefits which a plan must provide, including inpatient and outpatient hospital care and physician services, tests, prenatal and well-baby care, and inpatient and outpatient care for mental disorders. Prohibits placing limits on the amount, scope, or duration of benefits for hospital care, physician services, or tests, but allows plan limits on prenatal and well-baby care under regulations prescribed by the Secretary. Declares that nothing in this Act: (1) prohibits a health plan from providing benefits through a panel or other form of managed care system or establishing a different level of payments for reimbursement for different health care providers furnishing benefits; or (2) requires a plan to use a provider to provide benefits provided before the effective date of this Act other than the providers being utilized by the plan on that date or make payments to any provider that is excluded from participation in any Federal health care program. Allows an insurer to establish a fee schedule or other basis of payment that is different from actual charges if the schedule meets certain requirements. Specifies requirements regarding the date of initial coverage. Prohibits pre-existing condition provisions. Provides special requirements regarding certain part-time employees. Allows a plan to require an employee to pay for premiums, deductibles, copayments, and coinsurance not to exceed certain limits. Provides for adjustments for covered spouses with other coverage and for employed retirees. Requires each employer with an employee whose hourly wage is less than a specified amount to offer each such employee at least one plan that does not require a premium for the employee. Prohibits State laws from preventing employers from using payroll withholding for premiums due by employees. Sets forth special rules for the calculation of premiums for part-time employees. Sets limitations on: (1) deductibles, to be increased for increases in the consumer price index; (2) copayments and coinsurance, subject to exception; and (3) out-of-pocket expenses. Subtitle C: Certification of Regional Insurers - Directs the Secretary of Health and Human Services (Secretary) to designate six to eight health insurance regions and to establish procedures for the periodic certification of insurers for each region. Sets forth certification eligibility requirements. Specifies requirements for application for and consideration of applications for such certification. Directs the Secretary to periodically evaluate the performance of regional insurers and, under certain circumstances, allows the Secretary to terminate the certification of the insurer. Allows the Secretary, if the Secretary determines that there is a failure of competition among regional insurers in the region and that other conditions are met, to restrict certification, based on a competitive bidding or other system, to those qualified insurers which offer plans at lower rates. Sets forth requirements regarding the types of plans each regional insurer must offer. Requires each regional insurer to fix premiums under a community rating system. Prohibits adjustment of such premiums based on age, gender, other factors relating to the projected or actual use of services, or, subject to exception, on geographical location within the region. Permits regional insurers to enter into subcontracts. Directs the Secretary to encourage regional insurers to enter into arrangements with entities representing groups of small businesses for the provision of administrative services. Requires such insurers to reduce the premiums charged by an amount which reflects the value of such services. Directs the Secretary to provide technical assistance to employers, utilizing to the maximum extent feasible entities with experience in providing health insurance services to small businesses. Subtitle D: Regulations and Enforcement - Directs the Secretary to promulgate rules to carry out this title by specified deadlines. Provides for civil penalties for any nongovernmental employer who does not comply with certain provisions of this Act. Makes nongovernmental employers who knowingly fail to comply with certain provisions of this Act liable for damages, including health care costs incurred, to the employee or the employee's family. Allows any individual injured, adversely affected, or aggrieved by violation of certain requirements of this Act to bring an action for injunctive relief. Subtitle E: Small Business Subsidy - Directs the Secretary of Labor to provide for payment to a small employer, whose compliance cost exceeded a specified percentage of the employer's gross revenues, of 75 percent of such excess. Allows adjustments for industries for which the specified percentage is not an appropriate measure of the financial burden of providing the insurance. Title IV: Assuring Provision of Health Benefits to Under-Poverty, Near-Poverty, and Other Individuals - Amends title XIX (Medicaid) of the Social Security Act to state that any plan approved under the title: (1) must offer, starting in 1991, benefits to under-poverty individuals; (2) may offer, starting in 1991, and must offer, starting in 1996, benefits to near-poverty individuals; and (3) may offer, starting in 1996, and must offer, starting in 1999, benefits to all other individuals not covered under a health benefit plan under title III of this Act. Requires the benefits under the State benefits program to be the same as required of health benefit plans under such title plus coverage for items and services relating to early and periodic screening and diagnosis of children under the age of 21. Prohibits the benefits from including any other items or services. Prohibits the imposition of premiums, deductibles, copayments, or cost-sharing on under-poverty individuals. Allows such features, subject to limitations, for near-poverty and other covered individuals. Makes an individual who is enrolled in a health benefit plan under title III of this Act ineligible for benefits under a State benefits program, but requires or permits a State program to pay part or all of the premiums, deductibles, and other cost-sharing imposed by a title III plan on an individual who is under or near poverty. Allows a State to require an under-poverty or near-poverty individual who is eligible for but not required to be enrolled in a health benefit plan to enroll in the plan, but only if the individual's premiums and out-of-pocket expenses will be no greater than if the individual had not been required to enroll. Requires the State to determine the eligibility of an individual within 30 days of application. Provides for enrollment periods and effective dates of coverage. Declares that an individual who is determined in a month to be eligible must remain eligible for not less than six months. Requires reimbursement for physician services furnished on or after January 1, 1991, and other items and services furnished on or after January 1, 1996, to be made at rates that are not less than the rates recognized for payment of such items and services under title XVIII (Medicare) of the Social Security Act. Directs the Secretary of Health and Human Services to provide for utilization and quality control peer review organizations under Part B (Peer Review) of such title. Requires the use of such clinical practice guidelines as the Secretary may develop in determining whether items and services are medically necessary. Prohibits a State from providing benefits through a plan that restricts the provider from whom an individual may obtain items and services unless the plan meets certain requirements. Requires each State to administer its benefits program, unless the State elects to have the Secretary do so and pays for such services. Specifies provisions of title XIX (Medicaid) of the Social Security Act which do not apply to the provisions of this title, including those relating to general comparability, payment rules, cost-sharing rules, general retroactive eligibility, transition rules, the State 209(b) section option, income limits, and lien provisions. Provides for the manner in which other specified provisions of such title shall be applied to the provisions of this title. Requires States that are operating under demonstration projects to meet the requirements of this title in the same manner as if the State had in effect a Medicaid plan. Applies this title only to the 50 States and the District of Columbia. Amends title XIX to declare that, notwithstanding any other Medicaid provision, with respect to benefits described in this title, effective January 1, 1991, the State Medicaid plan may not impose any limitations on the amount, duration, or scope for individuals eligible for Medicaid benefits who are not described in specified provisions of this title. Requires State Medicaid plans to provide for payment for items and services provided under this title on or after specified dates based on rates that are not less than the rates recognized under title XVIII (Medicare) of the Social Security Act. Authorizes a State Medicaid plan, at the State's option and notwithstanding any other Medicaid provision, to make medical assistance available with respect to prescribed drugs to individuals eligible to receive benefits under this title, provided other requirements are met. Title V: Effective Date for Titles I through III - Provides for the effective dates of titles I through III of this Act and transition rules for certain circumstances. Declares that no employer will be required under title III of this Act to provide any health benefit in addition to the benefits required to be provided by specified provisions of this Act unless: (1) such additional benefit is for a service which State Medicaid plans (under title XIX of the Social Security Act) are required to cover for certain individuals; and (2) before the enactment of such requirement, the benefits and costs of requiring the provision of such additional health benefit have been analyzed and considered by the Congress, according to certain procedures.
United States · United States Congress · 12 April 1989
Older Americans Child Care Employment Amendments of 1989 - Amends the Older Americans Community Service Employment Act to require the Secretary of Labor to enter into agreements with public or private nonprofit agencies or organizations for the conduct of no more than 100 experimental projects employing individuals who are age 55 or older in providing day care to children. Requires that such agencies or organizations: (1) receive one-third of their funding from non-Federal sources; (2) charge families a day care fee which is proportional to their financial resources; (3) provide day care in facilities other than private residences; and (4) be subject to the most comprehensive State licensing requirements or regulatory standards applicable to similar day care providers in the State. Prohibits the making of grants pursuant to this Act to more than two agencies or organizations in each State in any fiscal year. Authorizes appropriations for such projects.
United States · United States Congress · 12 April 1989
Municipal Solid Waste Reduction Act of 1989 - Requires the Administrator of the Environmental Protection Agency (EPA) to establish a waste reduction information clearinghouse in the EPA Office of Solid Waste. Makes such information available to the public. Directs the Administrator to implement a public education program about municipal solid waste reduction and the ways in which reduction can alleviate waste management and disposal problems. Requires the Administrator to publish lists of: (1) the 50 most toxic constituents of the municipal waste stream arising during the recycling, treatment, disposal, or other management of such waste stream; and (2) the 50 categories of waste that are the largest contributors by volume to such stream. Directs the Administrator, acting through the Assistant Administrator for the Office of Solid Waste, to initiate studies of five of the elements on each list. Outlines the requirements of such studies, including: (1) a determination of the risks to human health and the environment involved in managing such constituents or waste categories in the waste stream; (2) a determination of strategies for reducing the quantity or toxicity of such constituents or waste categories; and (3) an examination of the economic costs and benefits associated with such reduction. Requires the President to establish a commission to study methods for labeling products and packaging to help reduce waste. Requires such study to be submitted to the President and the Congress and to be made available to the public. Terminates the Commission after submission of the study. Directs the Administrator to implement a grant program for research and development on redesigning consumer products for the purpose of reducing the volume or toxicity of waste. Requires grant recipients to report to the Administrator on the use of such grants and the success in redesigning products. Limits the amount of each grant to $50,000. Prohibits the Administrator from obligating or spending more than $5,000,000 in a fiscal year for such program. Requires the head of each executive department to: (1) review purchases of goods to determine where substitute goods could be purchased to achieve waste reduction; (2) encourage waste reduction in the practices of the department; and (3) report annually to the Administrator on waste reduction activities. Directs the Administrator to report annually to the Congress on waste reduction activities in such departments.
United States · United States Congress · 12 April 1989
Amends Internal Revenue Code provisions relating to the new (section 89) nondiscrimination requirements for coverage and benefits under certain statutory employee benefit plans to: (1) exclude group health plans from the requirements; and (2) establish a separate framework for determining whether a group health plan discriminates in favor of highly compensated employees. Revises the income tax deduction for the health insurance costs of self-employed individuals to: (1) increase from 25 percent to 100 percent the allowable deduction; and (2) make the deduction permanent (under current law it will expire after tax year 1989).
United States · United States Congress · 6 April 1989
Missing Service Personnel Act of 1989 - Requires the responsible uniformed service commander, after receiving notice that a person under his command is missing, to conduct an informal investigation to determine such person's whereabouts and, if appropriate, to place such person in a missing status. Requires the commander, if a person has been placed in such status, to notify the officer holding general court-martial authority over such person (or, in the case of a missing civilian, the Secretary concerned), who shall convene a board of initial inquiry within 45 days. Requires such board to: (1) investigate evidence relating to the disappearance of such person; (2) recommend whether to continue such person in a missing status or make a finding that such person has deserted, is absent without leave, or is dead; and (3) report its recommendations and findings. Provides for the convening of a board of further inquiry, if a board of initial inquiry recommends that such person be continued in a missing status, within one year of such recommendation. Requires such board to analyze any information which has become available since the board of initial inquiry issued its report, to determine whether such person should be continued in a missing status or declared dead, and to report its findings. Directs the Secretary concerned, upon the written request of a member of the immediate family of a missing person who, before the date of the enactment of this Act, was determined by the Secretary to be dead, to: (1) convene a board of further inquiry to determine whether such finding of death should be upheld or such person should be placed in a missing status; and (2) report its findings. Requires the Secretary, within three years after a board of further inquiry recommends a missing status for any person, to reconvene such board to review such status. Specifies the composition of such boards. Directs the Secretary to invite each member of the immediate family of the missing person to the meetings of a board of initial inquiry unless attendance would place such member in danger. Requires the Secretary to: (1) invite family members of missing persons to meetings of boards of further inquiry; (2) schedule such meetings at convenient locations and times; (3) provide such family members with reasonable notice of such meetings; and (4) open such meetings to the general public. Authorizes each board to hold meetings, take testimony, receive evidence, and secure directly from any U.S. department or agency any information necessary to carry out its duties. Provides for the appointment of counsel by the officer or Secretary concerned to represent the missing person. Requires that, if a board determines that a missing person is dead, it shall include in its report a detailed description of the location and date of death, whether the body has been recovered, and whether a licensed practitioner of forensic medicine determined that the body recovered is that of the missing person. Prohibits any such board from declaring a missing person dead unless: (1) evidence other than the passage of a period of less than 50 years suggests that such person is dead; (2) no evidence which reasonably suggests that such person is alive is in the possession of the Government; (3) representatives of the Government have made a complete search of the area where such person was last seen (unless the United States is not granted access to such area); and (4) Government representatives have checked the records of the government or entity having control over the area where such person was last seen (unless the Government is not granted access to such records). Provides for judicial review of determinations of death upon the filing of a written petition by any member of the missing person's immediate family. Directs the Secretary of the uniformed service in which a missing person serves to make certain that such person's personnel file contains all information in the possession of Federal departments and agencies pertaining to the disappearance or whereabouts of such person. Requires the Secretary to make certain that, if classified information is withheld, such file contains: (1) a notice that the information exists; and (2) a notice of the date of the most recent review of the classification status of the information. Sets forth penalties for knowingly withholding information pertaining to the disappearance or whereabouts of a missing person from that person's personnel file. Requires the Secretary concerned to make the contents of such file available to a member of the immediate family of such person upon written request.
United States · United States Congress · 5 April 1989
Authorizes the President to present a gold medal, on behalf of the Congress, to each of the following individuals in recognition of their contributions to this Nation's cultural heritage: (1) Frank Capra; (2) James Stewart; and (3) Fred Zinnemann. Requires the Secretary of the Treasury to design a different gold medal for each such individual. Authorizes appropriations. Authorizes the Secretary to strike and sell bronze duplicates of such medals at a price sufficient to cover the costs of such duplicates and the gold medals. Requires the appropriations to be reimbursed out of the sales proceeds. Designates all such medals as National Medals.
United States · United States Congress · 5 April 1989
Amends the Harmonized Tariff Schedule of the United States to exclude from their reduced duty rates any waste or scrap of iron, steel, copper, zinc, or aluminum or of alloys of any such metals that are exported from the United States, processed abroad, and reexported to the United States.
United States · United States Congress · 5 April 1989
Amends the Federal criminal code to prescribe penalties for the unauthorized use of the name Visiting Nurse Association or Visiting Nurse Service or of the name or insignia of the Visiting Nurse Association of America.
United States · United States Congress · 5 April 1989
Urges the Government of Iran to uphold the human rights of all its nationals, including members of the Baha'i faith, and to extend the rights guaranteed by the Universal Declaration of Human Rights. Calls upon the President to continue to: (1) emphasize human rights improvements as an important factor in the development of relations between the U.S. and Iranian Governments; (2) cooperate with other governments to initiate and support actions by the United Nations and its agencies to promote the protection of the religious rights of the Baha'is; and (3) provide, and urge others to provide, for refugee and humanitarian assistance for those Baha'is fleeing their homelands to escape religious repression.
United States · United States Congress · 4 April 1989
Employee Pension Protection Act of 1989 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to revise fiduciary standards applicable to pension plan assets to account for duties with respect to assets of terminated plans. Establishes fiduciary standards to apply to employer reversions upon plan termination, requiring an employer to establish and maintain a complete replacement plan or a substantial replacement plan in connection with the termination. Prescribes requirements to govern both types of plans. Links the establishment of either of these new plans to the amount of any employer reversion, requiring the new plans to have assets sufficient to pay all liabilities to participants and their beneficiaries. Considers any plan fiduciary or sponsor to be jointly and severally liable for violation of ERISA if requirements regarding complete replacement or substantial replacement plans upon plan termination are not met at any time during the five-year period beginning on the date of final distribution of assets from the terminated plan. Describes fiduciary duties to govern the distribution of plan assets to participants and beneficiaries upon plan termination in cases when the employer does not set up a replacement or substantial replacement plan. Institutes fiduciary duties with respect to distributions of plan assets upon termination in direct trustee-to-trustee transfers to individual retirement plans. Directs the Secretary of Labor to prescribe reporting requirements in connection with these transfers.
United States · United States Congress · 4 April 1989
Amends the Federal Election Campaign Act of 1971 to: (1) increase from $1,000 to $2,000 the amount a person may contribute to a candidate and his authorized political committees for an election for Federal office; and (2) decrease from $5,000 to $2,000 the amount a multicandidate political committee may contribute to a candidate and the candidate's political committees. Prohibits a candidate for Federal office from accepting contributions from multicandidate political committees once the sum of all contributions from such committees exceeds 30 percent of the total contributions to such candidate. Requires corporations, labor organizations, and each national committee of a political party to file a report with the Commission if such entities have engaged in any otherwise exempt activity during the period for which the report is filed. Describes "otherwise exempt activities" as those activities which are exempt from disclosure requirements and which include any act of furnishing or making available services, payments, or other benefits excluded from the definition of contribution or expenditure. Declares that any nonprofit corporation receiving reduced postal rates which uses the mails to engage in any otherwise exempt activity during the 90-day period prior to a general or special election shall be subject to a civil penalty. Establishes reporting requirements for persons making independent expenditures in Senate elections totaling more than $10,000, and thereafter each time such persons make independent expenditures totaling more than $5,000. Subjects to such reporting requirements the exempt activities of corporations and labor organizations. Requires the national committee of a political party to include in specified reports all funds received and disbursements made for purposes other than to influence a Federal election (soft money).
United States · United States Congress · 3 April 1989
Designates the week of October 22 through October 29, 1989, as Drug-Free America Week. Encourages every American to wear red during such week to symbolize a commitment to a drug-free lifestyle.
United States · United States Congress · 23 March 1989
Comprehensive National Nutrition Monitoring System Act - Amends the Food and Agriculture Act of 1977 to replace provisions relating to nutritional status monitoring with provisions directing the Secretary of Agriculture and the Secretary of Health and Human Services (the Secretaries) to jointly establish: (1) a National Nutrition Monitoring System (Monitoring System) to carry on assessment and surveillance regarding nutrition-related health problems; and (2) an Interagency Committee on Nutrition Monitoring to assist the Secretaries in the coordination of nutrition monitoring efforts within the Federal Government. Directs the Secretaries to jointly prepare and implement a Ten-Year National Nutrition Monitoring Plan (Plan) to commence with FY 1991. Requires the General Accounting Office to conduct an evaluation of the Monitoring System and the implementation of the Plan. Directs the Secretaries to contract with experts in nutrition data analysis for the analysis of the data collected from the Monitoring System and the Plan. Directs the Secretary of Agriculture to submit to the Congress a catalog of all nutrition education programs conducted by all Federal departments and agencies. Directs the Secretary of Health and Human Services to submit to the Congress a report on the appropriate Federal role in ensuring that medical students and practicing physicians have access to adequate nutrition training. Directs the Secretaries, at least every five years, to jointly publish a report containing nutritional and dietary information and guidelines for the general public. Requires the report to be promoted by each Federal agency in carrying out any Federal food or nutrition program. Requires any Federal agency that proposes to issue any dietary guidance to submit the text to the Secretaries for their joint approval. Requires the approval of both Secretaries for either of the Secretaries to issue any dietary guidance. Repeals provisions of the Food Security Act of 1985 relating to nutrition monitoring.
United States · United States Congress · 23 March 1989
Designates the week beginning September 1, 1989, as World War II Remembrance Week in commemoration of the 50th anniversary of the outbreak of that War.
United States · United States Congress · 22 March 1989
Medicare Catastrophic Coverage Revision Act of 1989 - Delays, for one year, the implementation of the Medicare Catastrophic Coverage Act of 1988, except for provisions of such Act expanding benefits under part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act.
United States · United States Congress · 22 March 1989
National African-American Heritage Memorial Museum Act - Establishes within the Smithsonian Institution the National African-American Heritage Memorial Museum to be operated as a center and location for education, research, events, and collection and display of items and materials relating to the historical, cultural, economic, political, and other aspects of the scope of experiences of African-Americans. Requires the Board of Trustees of the National African-American Heritage Memorial Museum to report to the Congress and the President annually on its activities and operations. Authorizes appropriations.
United States · United States Congress · 21 March 1989
National Affordable Housing Act - Title I: General Provisions and Policies - Sets forth a national housing goal and the objectives of a national housing policy. Requires State and local entities receiving direct assistance to submit to the Secretary of Housing and Urban Development a comprehensive housing affordability strategy. Title II: Homeownership - Subtitle A: FHA Amendments - Amends the National Housing Act to base Federal Housing Administration (FHA) first-time homebuyer loan ceilings on regional median home prices. Authorizes the insurance of industry accepted mortgages under specified conditions. Requires the Secretary to report annually to the Congress regarding mortgage insurance categories. Subtitle B: Savings for a Downpayment - Amends the Internal Revenue Code to: (1) authorize certain retirement plans (401(k) plans) to make equity investments in a participant's principal residence; and (2) authorize individual retirement account funds to be used as loans to purchase a home by a first-time homebuyer. Title III: Investment in Affordable Housing - HOME Corporation Act - Establishes the Government National HOME Corporation in the Department of Housing and Urban Development (HUD). Authorizes FY 1990 and 1991 appropriations for activities under this title. Subtitle A: Housing Opportunity Partnerships (HOP) - Authorizes the Secretary, acting through the HOME Corporation, to make funds available for investment in order to expand the affordable housing supply. Directs the HOME Corporation to develop model programs designed to carry out the purposes of this title. Requires participating jurisdictions to target housing for very low- and low-income families. Sets forth affordable housing qualification provisions. Allocates resources by a housing need-based formula and by incentives. Directs the HOME Corporation to establish a housing investment trust fund for each participating jurisdiction. Requires participant matching funds. Sets aside funds for nonprofit community organization housing. Provides penalties for misuse of funds. Subtitle B: Mortgage Credit Enhancement - Authorizes the HOME Corporation to guarantee affordable housing mortgage loan pools. Subtitle C: Other Support for State and Local Housing Strategies - Directs the HOME Corporation to develop the capacity of State and local agencies and profit and nonprofit entities to identify and meet the needs for increased affordable housing, including related housing research. Subtitle D: General Authority of the HOME Corporation - Sets forth operating and authority provisions for the HOME Corporation. Subtitle E: General Provisions - Sets forth administrative provisions for the HOME Corporation. Title IV: Affordable Rental Housing - Subtitle A: Preservation of Affordable Rental Housing - Amends the Department of Housing and Urban Development Act to establish in HUD an Office of Affordable Housing Preservation. Subtitle B: Low-Income Rental Assistance - Amends the United States Housing Act of 1937 to revise the section 8 rental assistance program. Increases FY 1990 and 1991 budget authority for such assistance. Title V: Housing For Persons With Special Needs - Subtitle A: Assistant Secretary for Supportive Housing - Amends the Department of Housing and Urban Development Act to establish in HUD a position of Assistant Secretary for Supportive Housing to administer programs serving elderly, handicapped, or homeless persons, or others with special housing needs. Subtitle B: Supportive Housing for the Elderly - Amends the Housing Act of 1959 to authorize assistance to expand the supply of supportive housing for the elderly. Authorizes FY 1990 and 1991 appropriations. Authorizes assistance to adapt federally assisted housing for the elderly to better meet the needs of frail elderly, handicapped, or temporarily disabled residents. Authorizes FY 1990 and 1991 appropriations. Subtitle C: Supportive Housing for the Handicapped - Authorizes assistance to expand the supply of supportive housing for the handicapped. Authorizes FY 1990 and 1991 appropriations. Subtitle D: Supportive Housing for the Homeless - Amends the Stewart B. McKinney Homeless Assistance Act to authorize grants to States and local government units for homeless housing assistance. Sets forth grant allocation provisions. Permits States and local units to use such assistance for approved activities. Requires grantees to provide matching funds. Authorizes FY 1991 and 1992 appropriations. Requires an annual report to the Congress. Sets forth the following approved activities: (1) emergency shelter; (2) transitional housing for the homeless; (3) permanent housing for the handicapped homeless; and (4) supplemental assistance for facilities to assist the homeless. Increases FY 1990 and 1991 budget authority for the section 8 single room occupancy program. Title VI: Public and Indian Housing - Subtitle A: Public Housing Development - Amends the United States Housing Act of 1937 to authorize the development of new and replacement public housing. Subtitle B: Authorization - Amends the United States Housing Act of 1937 to authorize FY 1990 and 1991 public housing appropriations. Increases FY 1990 and 1991 budget authority for rental rehabilitation and development grants. Obligates FY 1990 and 1991 funds for: (1) Indian housing; and (2) the comprehensive improvement assistance program. Subtitle C: Project Independence - Amends the United States Housing Act of 1937 to provide public housing residents with greater access to employment, day care, educational, and other services. Obligates FY 1990 and 1991 funds for such purposes. Subtitle D: National Commission on Severely Distressed Public Housing - Establishes the National Commission on Severely Distressed Public Housing to identify severely distressed public housing projects, evaluate strategies to eliminate unfit housing conditions, and develop a national plan to achieve such objectives. Authorizes FY 1990 and 1991 appropriations. Title VII: Rural Housing - Amends the Housing Act of 1949 to reauthorize through FY 1991: (1) rural housing insured or guaranteed loans; (2) rental assistance payment contract authority; (3) rental housing loan authority; and (4) mutual and self-help housing grant and loan authority. Authorizes deferred mortgage repayments under specified conditions. Sets aside FY 1990 and 1991 funds for targeted underserved areas. Title VIII: Amendment to the Internal Revenue Code - Amends the Internal Revenue Code to make permanent the low-income housing credit ceiling. Title IX: Repeals and Conforming Amendments - Sets forth specified conforming and other related amendments.
United States · United States Congress · 20 March 1989
Africa Famine Recovery and Development Act - Amends the Foreign Assistance Act of 1961 to add a chapter dealing with Africa Famine Recovery and Development. Authorizes the President to provide project and program assistance for long-term development in sub-Saharan Africa. Requires the purpose of such assistance to be to help the poor majority of men and women in sub-Saharan Africa to participate in a process of long-term development through economic growth that is equitable, participatory, environmentally sustainable, and self-reliant. Provides that such assistance should also encourage private sector development and promote individual initiatives and help to reduce the role of central governments in areas more appropriate for the private sector. Declares that the general authorities and policies of the development assistance provisions of such Act apply to this Act. Requires the agency primarily responsible for administering development assistance programs (responsible agency) to: (1) take into account the local-level perspective of the rural and urban poor in sub-Saharan Africa during the planning and review of annual country planning documents for project assistance under this Act; (2) make available funds for a significant long-term expansion of development efforts by private and voluntary organizations which have demonstrated effectiveness in or commitment to the promotion of local grass-roots activities on behalf of long-term development in sub-Saharan Africa; and (3) consult with other organizations in order to identify relevant private and voluntary organizations. Encourages the responsible agency to review procedures for the development and evaluation of projects to be carried out by private and voluntary organizations and to simplify such procedures wherever appropriate. Requires the close consultation and involvement of local people in projects that have a local focus. Requires the responsible agency to ensure the participation and integration of African women in development projects assisted by this Act. Requires that the views of women as well as men be ascertained and factored into decisions relating to development activities which affect them. Requires the responsible agency to use the program assistance provided by this Act to: (1) meet the need for maintenance and rehabilitation within the critical sectoral priorities for long-term development; and (2) promote reform of national economic policies to support these priorities. Sets forth examples of national economic policy reforms which can be supported by assistance provided by this Act. Requires such reforms to include provisions to protect vulnerable groups, especially poor farmers and the urban poor, from possible negative consequences of such reforms. Requires assistance for such reforms to take account of the need for adjustments should recurrence of drought make it impossible to achieve the goals of the reforms. Designates as the critical sectoral priorities for long-term development: (1) increased agricultural production and the maintenance and restoration of renewable natural resources; (2) improved health conditions; (3) voluntary family planning services; (4) improved relevance and efficiency of education; and (5) development of income generating opportunities for the unemployed and underemployed. Imposes minimum levels of assistance for certain critical sectors. Directs the responsible agency to provide support for strengthening and developing selected African higher education institutions in order to address the problems of food production and distribution. Prohibits the responsible agency from using less than specified amounts for in-country natural resources and environmental training in sub-Saharan Africa. Requires the responsible agency to formulate coherent country development assistance strategies. Sets forth information such strategies must analyze and address. Requires the assistance provided under this Act to be concentrated in countries that will make the most effective use of such assistance. Specifies uses for local currencies generated by assistance provided under this Act and other Acts. Provides that funds made available under this Act may be used to assist the countries in sub-Saharan Africa to increase their capacity to participate in donor coordination mechanisms at the country, regional, and sector levels. Authorizes appropriations for FY 1990 through 1994 for long-term development assistance for sub-Saharan Africa and for funding activities of certain international organizations. Expresses the sense of the Congress that the authorization should be extended whenever appropriate. Limits transfers between accounts funded by this Act. Requires the Administrator of the Agency for International Development (AID) to develop a plan for organizational changes within AID in order to carry out the long-term development assistance program for sub-Saharan Africa with maximum effectiveness. Sets forth changes the Administrator shall consider. Requires the Administrator to consult with specified congressional committees about such changes. Authorizes the Administrator to transfer certain funds in order to increase the AID resources for development assistance activities for sub-Saharan Africa. Requires the Administrator to develop a plan for evaluating AID's progress in achieving the purposes of this Act. Requires the plan to provide for: (1) interim evaluations; (2) the establishment of specific criteria for measuring the performance of U.S. development assistance for the poor majority of men and women in sub-Saharan Africa; (3) the collection and monitoring of base-line data for future measurement of the effectiveness of such assistance; and (4) the measures by which the evaluations will be used to institutionalize learning within AID. Requires the plan to be developed in consultation with specified congressional committees. Expresses the sense of the Congress that there should be independent evaluations of AID's performance in providing development assistance to the poor majority of men and women in sub-Saharan Africa. Requires that assistance from other assistance and development programs be used to provide assistance to the poor majority in sub-Saharan Africa. Authorizes the President to make available such amounts from the funds made available by this Act as the President deems appropriate to support long-term development assistance for activities of international organizations which are consistent with the purpose of providing assistance for the poor majority in sub-Saharan Africa and which are undertaken in coordination with AID. Encourages the President to use the authorities provided in this Act in coordination with activities of the multilateral development banks in sub-Saharan Africa. Urges the President to provide debt rescheduling to a country in sub-Saharan Africa if: (1) that country had an average per capita income in 1984 of less that $550; and (2) at any time between October 1, 1989, and September 30, 1994, an International Monetary Fund standby agreement is in effect with respect to that country, a structural adjustment program of the International Development Association of the International Bank for Reconstruction and Development is in effect with respect to that country, or the President makes a specified finding regarding economic policy reforms in such country. Provides that the debt rescheduling is the granting of a five-year grace period on all payments to the United States on specified types of loans. Requires the President to notify specified congressional committees of any debt rescheduling granted under this Act. Requires that it be the policy of the United States that the funds made available by this Act are not to be used by a country to repay loans, with exceptions. Requires the annual report by the President to the Congress on foreign assistance programs to include a report on the progress made in carrying out this Act. Provides that reprogramming notification requirements do not apply to funds used to carry out this Act. Makes conforming amendments to various Acts. Declares that, where appropriate, African famine relief activities should serve as the foundation for long-term development activities undertaken pursuant to this Act. Provides for the transfer of certain funds so that they may be used for management support activities associated with long-term development assistance. Expresses the sense of the Congress that the purposes of the African Development Foundation are consistent with the purposes of this Act. Amends the African Development Foundation Act to authorize appropriations for the African Development Foundation for FY 1990 and 1991. Expresses the sense of the Congress that special efforts should be undertaken to reduce trade barriers and promote economic interchange between the United States and developing countries in sub-Saharan Africa.
United States · United States Congress · 16 March 1989
Establishes the National Park System Review Board to maintain a continuing review of National Park Service programs and of existing and proposed National Park System units. Requires the Board to transmit annually to the President and the Congress: (1) a report containing the results of such review, together with recommendations for the management of the National Park System or any proposed additions; and (2) budget recommendations for the Service and the Board. Establishes a Director of the National Park Service within the Department of the Interior, to be appointed by the President, by and with the advice and consent of the Senate. Sets forth the functions of the Director. Mandates a five-year term of office.
United States · United States Congress · 16 March 1989
Directs the Secretary of Commerce, in tabulating the decennial census for the apportionment of Representatives in Congress, to provide for the inclusion of: (1) members of the uniformed services and civilian employees assigned to posts of duty outside the United States and their dependents residing at or near such posts; and (2) citizens pursuing postsecondary education programs outside the United States. Excludes from the census any alien not lawfully admitted for permanent residence. Amends the Higher Education Act of 1965 to require institutions to provide the Secretary with census information on their students who are studying outside the United States.
United States · United States Congress · 15 March 1989
Age Discrimination in Employment Waiver Protection Act of 1989 - Amends the Age Discrimination in Employment Act of 1967 (the Act) to prohibit an individual from waiving any right under the Act without the supervision of a court, except in settlement of a bona fide claim alleging a certain kind of prohibited age discrimination. Allows a settlement of a bona fide claim to occur only if the settlement is knowing and voluntary and only if certain criteria are met, including filing notice with the Equal Employment Opportunity Commission (EEOC). Defines "bona fide claim," for such purposes, as: (1) a charge of age discrimination filed with the EEOC; (2) an action alleging age discrimination filed in court by the individual or the individual's representative; or (3) a specific allegation of age discrimination communicated in writing by the individual or the individual's representative directly to the employer, employment agency, or labor organization or their representatives, and without the assistance or instigation of any such entity against which the allegation is made. Limits EEOC authority to issue rules or regulations which would permit waivers, without EEOC or court supervision, of rights or claims which are not waived in accordance with this Act. Provides that, effective upon the enactment of this Act, a specified rule on waivers issued by the EEOC shall have no force and effect.
United States · United States Congress · 15 March 1989
Directs the Bureau of Labor Statistics to collect and report, on a monthly basis, data concerning the number of jobless workers, categorized according to national, State, and metropolitan statistical area rates.
United States · United States Congress · 14 March 1989
Amends the National Labor Relations Act to make it an unfair labor practice for an employer to hire, or threaten to hire, permanent replacement workers during the first ten weeks of any strike (or to enter into agreements for such purposes).
United States · United States Congress · 14 March 1989
Eliminates post-1968 service in the National Guard as a prerequisite to civil service retirement credit for former National Guard technicians. Amends the National Guard Technicians Act of 1968 to eliminate post-1968 service as a prerequisite for National Guard technicians for receipt of credit in the determination of length of Federal civil service for purposes of leave, Federal employees' death and disability compensation, group life and health insurance, severance pay, tenure, and status. Sets forth rules for applying provisions of this Act to affected individuals.
United States · United States Congress · 14 March 1989
Constitutional Amendment - Requires Representatives to be apportioned among the States according to their respective numbers, counting the persons in each State who are citizens or lawfully admitted for permanent residence.
United States · United States Congress · 9 March 1989
Radon Gas Tax Relief Act of 1989 - Amends the Internal Revenue Code to permit a 40 percent nonrefundable income tax credit of up to $4,000 for expenditures made for radon testing in or below the taxpayer's principal residence and for the installation of property designed to reduce radon levels inside the residence. Permits an income tax deduction (both individual and corporate) for radon prevention expenditures in connection with real property development, building construction or enlargement, and certain relocation dwellings. Makes the tax credit and the tax deduction mutually exclusive with respect to the same expenditures. Amends Federal law to make funds available for the reimbursement of Federal employees for radon protection expenditures necessary to overcome a substantial obstacle to the salability of a principal residence being sold in conjunction with a transfer to a new location.
United States · United States Congress · 9 March 1989
Expresses disapproval of the refusal of the U.S.S.R. to recognize the sovereignty of the Baltic Republics. Designates June 14, 1989, as Baltic Freedom Day. Authorizes and requests the President to call upon the Soviet Union, the Federal Republic of Germany, and the Democratic Republic of Germany to renounce the acquisition or absorption of the Baltic Republics by the Soviet Union as a result of the Molotov-Ribbentrop Pact.
United States · United States Congress · 8 March 1989
Palau Compact of Free Association Implementation Act - Authorizes the entry into force of the Compact of Free Association between the United States and Palau (the Compact), subject to its approval by referendum. Directs the President to negotiate: (1) an agreement with the Government of Palau to provide assistance for maintaining offices of public auditor and special prosecutor; (2) an agreement regarding responses to an audit by the Comptroller General of the United States or the Secretary of the Interior; and (3) an agreement providing for the Palau Government to provide current information regarding its national development plan under the Compact. Directs the National Drug Policy Board to develop a plan for an anti-drug program in Palau. Requires the President to negotiate an agreement with Palau to implement such plan. Prohibits using funds appropriated for assistance to Palau to satisfy any obligation or expense incurred by Palau prior to November 14, 1986, with respect to contracts or debts related to electrical generating plants or related facilities which have not been specifically authorized by the Congress in advance, with exceptions. Directs the Secretary to: (1) provide assistance for the development and promulgation of regulations regarding expenditures, upon Palau's request; (2) provide such sums as may be necessary for a further referendum on the Compact or other costs of approval; and (3) submit a report on the range and cost of options for upgrading the Koror hospital. States that the United States will consider requests for additional financial assistance for medical facility construction based on such report. Directs the chief officer of any agency conducting annual audits of assistance provided to the Federated States of Micronesia and the Marshall Islands to certify such audits. Declares that the Compact does not restrict the President from requesting additional funding or consenting to an extension concerning the use by the United States of privately owned lands in Palau as defense sites. Directs the Secretary to submit a report on the condition of the Palau prison. States that the United States will consider requests for additional financial assistance to meet the need for prison construction based on such report. Directs the Secretary to station at least one professional staff person in each of the offices of the U.S. in Palau, Micronesia, and the Marshall Islands to provide Federal program coordination and assistance. Authorizes appropriations. Approves specified agreements between the United States and the Marshall Islands, Micronesia, and Palau. Provides for continuing availability of unobligated balances of funds provided to Palau. Authorizes the President to negotiate an agreement with the Government of Palau which shall provide the following: (1) $28,000,000 shall be provided to Palau in FY 1989; (2) Palau shall pay to the United States, on or before the 15th anniversary of the effective date of the Compact, the net economic costs of providing such funds; and (3) automatic payment to the United States if Palau has not paid such amount by the 15th anniversary of the effective date of the Compact. Amends the Act approving the Compact to provide that the authorizations for transition purposes shall decline over the first through third fiscal years after the Compact's effective date (under current law, FY 1987 through 1989).
United States · United States Congress · 7 March 1989
Amends the Internal Revenue Code to eliminate the age (55 or older) and dollar ($125,000) restrictions with respect to the one-time income tax exclusion of gain on the sale of a principal residence.
United States · United States Congress · 7 March 1989
Designates April 16, 1989, the 87th birthday of Rabbi Menachem Mendel Schneerson, as Education Day, U.S.A. Calls on heads of state of the world to join the President of the United States in this tribute by signing scrolls of honor commemorating the 40th anniversary of Schneerson's leadership of the Lubavitch movement. Welcomes the cooperation of the Department of State in extending the good office of the U.S. missions to the Lubavitcher emissaries.
United States · United States Congress · 2 March 1989
Prohibits the Federal Communications Commission from adopting revisions of the rules and policies in the proceeding "Policy and Rules Concerning Rates for Dominant Carrier," CC Docket 87-313, unless the changes expressly provide for: (1) the proper functioning of the long-term support mechanisms for the carrier common line rates administered by the National Exchange Carrier Association; (2) the maintenance of uniform nationwide long distance telephone rates by dominant interexchange carriers; and (3) the use of an industry-wide rate of return to determine costs for access tariffs and to calculate the Universal Service Fund. Requires the FCC to report to the Congress the compliance of revisions with these conditions. Postpones the effectiveness of any rule or policy revisions until 60 days have elapsed during which both Houses of the Congress are in session.
![Official portrait of Rep. Murphy, Austin J. [D-PA-20]](https://www.congress.gov/img/member/m001088_200.jpg)