United States · United States Congress · 11 May 1989
Low-Income Housing Credit Act of 1989 - Amends the Internal Revenue Code to make permanent the low-income housing income tax credit (under current law the credit will expire after tax year 1989). Permits States a one-year carryover of unused credit authority. Assigns carryovers to the Secretary of Housing and Urban Development to allocate to eligible States applying for excess credit. Allows the credit only if an extended low-income housing commitment (beyond the current 15-year period) is in effect with respect to any building for the relevant taxable year. Describes procedures to effect transition to a non-low-income use in connection with such extensions. Permits the credit in connection with the acquisition of an existing building only if the taxpayer incurs rehabilitation expenditures of at least $3,000 per unit. Revises rent restrictions to: (1) declare unnecessary a required rent reduction below the initial rent if the median gross income of the area decreases; (2) permit higher rent if units are occupied by higher income individuals and the project has an operating deficit; (3) base income limitations on the number of bedrooms in a unit; and (4) use State median gross income in certain low-income housing status determinations. Broadens categories of existing buildings eligible for a waiver of the ten-year requirement for the low-income housing credit. Revises credit provisions relating to single-room occupancy units and special needs housing. Loosens restrictions that limit credit benefits in connection with buildings financed with tax-exempt bonds and below market loans. Permits the credit to be allocated: (1) on a project basis; and (2) in connection with owner-occupied buildings of four units or less if a development plan is submitted. Directs housing credit agencies to adopt plans for allocating credit amounts among projects, prohibiting the credit with respect to any building not included in such a plan. Modifies at-risk rules in connection with buildings subject to the historic rehabilitation credit and those associated with financing provided by certain nonprofit organizations. Sets the tax credit rate on a semiannual rather than monthly basis. Increases the credit in connection with buildings in high cost areas (low-income census tracts or difficult development areas).
United States · United States Congress · 10 May 1989
Expresses the sense of the Congress that the problem of geographical variation in physician reimbursement under title XVIII (Medicare) of the Social Security Act needs to be addressed so that only those variations justified by regional differences in the cost of medical practice or the need to maintain access to high quality health care are permitted.
United States · United States Congress · 9 May 1989
Americans with Disabilities Act of 1989 - Title I: General Prohibition Against Discrimination - Declares that it shall be discriminatory, on the basis of disability, to deny opportunities or to afford them unequally, to provide opportunities less effectively (or differently or separately, unless necessary for effectiveness), to assist an organization or individual that discriminates, or to otherwise limit opportunities enjoyed by others. Prohibits the use of standards, criteria, or administrative methods that have the purpose or effect of discrimination or perpetuate discrimination. Declares it discriminatory to deny equal opportunities because of the relationship or association of an individual with another individual with a disability. Allows as a defense to a charge of discrimination that an application of standards or criteria has been demonstrated to be both necessary and substantially related to the ability of an individual to take advantage of the essential components of the opportunity, and that the taking advantage cannot be accomplished by reasonable accommodations, modifications, or the provision of auxiliary aids or services. Title II: Employment - Prohibits discrimination by any employer, employment agency, labor organization, or joint labor-management committee against any qualified individual with a disability in job application procedures, hiring or discharge, compensation, advancement, training, and other terms, conditions, and privileges of employment. Lists types of actions construed to be discrimination. Makes the remedies set forth in specified provisions of the Civil Rights Act of 1964 and other specified Federal law available to any individual who believes that he or she is being or is about to be subjected to discrimination in violation of this Act. Title III: Public Services - Declares that no qualified individual with a disability shall be excluded from the participation in, denied the benefits of, or subjected to discrimination by a State, or by an agency, political subdivision, or other instrumentality of a State. Lists types of actions deemed, for purposes of this Act and specified provisions of the Rehabilitation Act of 1973, to be discrimination with regard to public transportation. Makes the remedies and rights set forth in specified provisions of the Rehabilitation Act of 1973 available to any individual who believes that he or she is being or is about to be subjected to discrimination in violation of this Act. Title IV: Public Accommodations and Services Operated by Private Entities - Prohibits discrimination on the basis of disability in the enjoyment of any place of public accommodation. Lists types of actions construed to be discrimination. Prohibits discrimination on the basis of disability in public transportation services provided by a private entity that is primarily engaged in transporting people, but that is not in the principal business of air transportation. Lists types of actions construed to be discrimination. Makes specified provisions of the Fair Housing Act relating to enforcement available, subject to exception, to any aggrieved individual. Title V: Telecommunications Relay Services - Defines "telecommunications relay services" to mean services that enable simultaneous communication between individuals who use telecommunications devices for the deaf (TDDs) or other nonvoice terminal devices and individuals who do not use such devices. Declares it discriminatory for any common carrier that offers telephone services to the public to fail to provide interstate or intrastate telecommunication relay services that are equal to those provided to their customers who are able to use voice services, except in any State in which services are provided through an entity designated by the State. Declares it discrimination by a State that makes such a designation if the State fails to provide interstate or intrastate relay services that are equal to those provided to their voice customers. Makes specified provisions of the Fair Housing Act relating to enforcement available, subject to exception, to any aggrieved individual. Requires the Federal Communications Commission to enforce this title. Makes specified provisions of the Communications Act of 1934 apply with respect to the enforcement of this title. Provides for cease and desist orders by the Commission and for monetary penalties. Title VI: Miscellaneous Provisions - Prohibits retaliatory discrimination against any individual because of actions related to this Act. Declares that a State shall not be immune under the 11th Amendment to the Constitution from an action in Federal court for a violation of this Act. Requires the Architectural and Transportation Barriers Compliance Board to issue minimum guidelines to supplement the existing Minimum Guidelines and Requirements for Accessible Design. Allows the awarding of reasonable attorney's fees, in certain circumstances, in any action or proceeding under this Act.
United States · United States Congress · 9 May 1989
Rape Prevention Act of 1989 - Directs the Attorney General to make grants to public and nonprofit private community organizations for the purpose of establishing or operating local projects to combat rape and other forms of sexual assault. Authorizes appropriations for FY 1990 through 1994.
United States · United States Congress · 9 May 1989
Limits assessments of underpayments with respect to taxable periods beginning before July 1, 1985, in connection with the annual $250 occupational tax on retail liquor and beer dealers. Abates assessments and refunds overpayments of any post-1987 tax.
United States · United States Congress · 4 May 1989
Equity in Interstate Competition Act of 1989 - Empowers any State and the District of Columbia to require a person to collect a State sales tax imposed with respect to the sale of tangible personal property if: (1) the destination of sale is in such State; and (2) the person engages in regular or systematic soliciting of sales there and has, within a specified one-year period, gross receipts from the sale of such property that exceed either $500,000 within the State or $12,500,000 nationally. Lists requirements that will qualify certain local sales taxes for treatment as State sales taxes. Restricts the authority of a State with respect to accounting and reporting requirements applied to those collecting and paying State sales tax. Applies State law to those collecting the taxes.
United States · United States Congress · 3 May 1989
Soybean Promotion, Research, and Consumer Information Act - Authorizes the Secretary of Agriculture to issue an order (subject to producer referendum) creating a soybean promotion, research, and consumer education program. Requires any such order to provide for the establishment of a: (1) United Soybean Board; and (2) Soybean Program Coordinating Committee. Funds such program through producer assessments. Authorizes appropriations.
United States · United States Congress · 3 May 1989
Designates the Labor Day weekend beginning on September 2, 1989, as National Drive for Life Weekend. Calls on people to observe that weekend with a pledge to not drink and drive.
United States · United States Congress · 2 May 1989
Commission on the Mississippi River National Heritage Corridor Act of 1989 - Establishes the Commission on the Mississippi River National Heritage Corridor to investigate and make recommendations regarding: (1) the creation of a Mississippi River National Heritage Corridor, to run through Arkansas, Illinois, Iowa, Kentucky, Louisiana, Minnesota, Mississippi, Missouri, Tennessee, and Wisconsin; and (2) other issues affecting the growth and development of the Corridor. Terminates such Commission 90 days after submission of a specified report. Authorizes appropriations.
United States · United States Congress · 2 May 1989
National Voter Registration Act of 1989 - Requires each State to establish procedures with respect to elections for Federal office to permit voter registration by: (1) application in person simultaneously with application for a motor vehicle driver's license; (2) mail application; and (3) application in person at designated Federal, State, and private sector locations. Declares that this Act does not apply to any State that has no voter registration requirement with respect to elections for Federal office. Requires each State to establish a uniform and nondiscriminatory program to confirm the registration of voters in such State. States that challenges to the qualifications of an individual to vote in an election for Federal office may be made on the day of the election only as provided by State law. Provides for individuals with and without documentary proof of qualification to vote. Sets forth a special procedure to enable an individual to vote when his registration to vote cannot be verified. Requires each State to: (1) assure that any eligible applicant who submits his or her application 30 days before the election is registered to vote in the election; (2) require the appropriate State election official to notify each applicant of the disposition of the application; (3) provide that the name of a voter may not be removed from the official list of eligible voters for failure to vote or any other reason except death, criminal conviction, mental incapacity, change in residence, or voter request; and (4) inform those who register pursuant to this Act of voter eligibility requirements and penalties provided by law for submission of a false voter registration application. Requires the Federal Election Commission to report on the impact of this Act on the administration of elections for Federal office. Requires each State to designate a chief State election official to coordinate State functions under this Act. Provides a private right of action for an individual aggrieved by a violation of this Act. Provides for the awarding of attorney fees to the prevailing party, other than the United States. Imposes criminal penalties upon any person who: (1) intimidates, threatens, or coerces any person for registering or voting or exercising any right under this Act; or (2) deprives or defrauds the inhabitants of a State of a fair and impartially conducted election process. Authorizes appropriations necessary to carry out this Act.
United States · United States Congress · 2 May 1989
Foreign Language Competence for the Future Act of 1989 - Authorizes the Secretary of Education to make: (1) grants to higher education institutions and consortia for summer foreign language institutes for elementary and secondary school foreign language teachers; (2) allotments to State education agencies for revolving loan funds for college students majoring in elementary and secondary foreign language education; (3) matching grants to States and major metropolitan areas for foreign language institutes and world trade council units to provide language training, translation services, and information about other cultures and markets to small- and medium-sized businesses seeking to enter export markets; (4) demonstration grants to State education agencies, higher education institutions, and nonprofit education and professional associations for technology for distance learning; and (5) demonstration grants to eligible consortia for critical languages and area studies programs and other activities to improve and expand elementary and secondary foreign language instruction. Authorizes appropriations for FY 1990 through 1994.
United States · United States Congress · 2 May 1989
Privacy for Consumers and Workers Act - Requires employers who engage in electronic monitoring to provide each affected employee with prior written notice describing specified aspects of the electronic monitoring directly affecting the employee. Requires employers to notify prospective employees at personal interviews or meetings of existing forms of electronic monitoring which may directly affect them and, upon request, provide them with the written notice provided to employees. Requires employers to provide affected employees with some form of visual or aural notice that indicates that electronic monitoring is taking place, at periodic intervals unless the monitoring is continuous during each of the employee's shifts. Requires employers to provide affected customers with some form of visual or aural notice, at periodic intervals, indicating that telephone service observation is taking place. Requires employers to permit employees or their authorized agents to have access to all personal data obtained by electronic monitoring of their work. Prohibits employers from collecting personal data on an employee which is not relevant to the employee's work performance. Prohibits employers from disclosing personal data obtained by electronic monitoring to any person or business except to the individual employee to whom that data pertains or without the employee's prior written consent, unless disclosure would be: (1) to the employer's officers and employees who need it to perform their duties; (2) to a law enforcement agency for a criminal investigation or prosecution; or (3) pursuant to a proper court order. Prohibits employers from using personal data obtained by electronic monitoring as the exclusive basis for individual employee performance evaluation or disciplinary action, unless the employee is given an opportunity to review the data within a reasonable time after it is obtained. Prohibits employers from using personal data or collective data obtained by electronic monitoring as the sole basis for setting production quotas or work performance expectations. Prohibits employers from maintaining, collecting, using, or disseminating personal data obtained by electronic monitoring which describes how an employee exercises First Amendment rights, unless such use is: (1) expressly authorized by statute or by the employee; or (2) pertinent to and within the scope of an authorized law enforcement activity. Sets forth the following enforcement provisions: (1) civil penalties; (2) injunctive actions by the Secretary of Labor; and (3) private civil actions. Prohibits waiver of rights and procedures provided by this Act, unless such waiver is part of a written settlement by the parties to a pending action or complaint. Directs the Secretary of Labor to issue rules and regulations to carry out this Act within six months. Makes this Act inapplicable to otherwise permissible electronic monitoring by law enforcement agencies in criminal investigations.
United States · United States Congress · 2 May 1989
Designates September 8, 1989, as National Pledge of Allegiance Day. Expresses the sense of the Congress that the Christopher Columbus Quincentenary Jubilee Commission should include the centennial observance of the Pledge of Allegiance in its commemorative activities.
United States · United States Congress · 27 April 1989
Congratulates the Council of Europe on the 40th anniversary of its founding and on its contributions to the process of democratic European unity. Wishes the Council success in its further work towards greater unity, based on democracy and human rights, among Europe's democratic nations.
United States · United States Congress · 25 April 1989
Amends the Internal Revenue Code to extend the targeted jobs income tax credit through 1992 (under current law the credit will expire after December 31, 1989). Amends the Economic Recovery Tax Act of 1981 to authorize appropriations through FY 1992 in connection with the targeted jobs credit. Raises from 23 to 25 years the age limitation with respect to economically disadvantaged youth targeted for credit purposes. Adds as a targeted group under the credit economically disadvantaged individuals who have completed a qualified drug rehabilitation program.
United States · United States Congress · 18 April 1989
Live Performing Arts Labor Relations Amendments - Amends the National Labor Relations Act to exclude specified types of employers and performers in the live performing arts from coverage under unfair labor practice provisions: (1) prohibiting specified contracts or agreements between employers and labor organizations; and (2) prohibiting specified actions of labor organizations to force or require cessation of dealings with others, joining of labor or employer organizations, or recognition of or negotiation with labor organizations not certified as representative. Permits such employers to: (1) agree with a labor organization to make membership in it a condition of performing arts employment; and (2) make agreements with a labor organization covering performing artists even if its majority status has not yet been established. Defines "employer" to include purchasers of live musical performance services. Defines "employee" to include independent contractors engaged to perform live musical services.
United States · United States Congress · 17 April 1989
Title I: National Development Investment - Public Works and Economic Development Act Amendments of 1989 - Amends the Public Works and Economic Development Act of 1965 to cite such Act as the National Development Investment Act and to revise the emphasis of such Act from primary Federal initiative to coordination of investments between the public and the private sectors. Authorizes the Secretary of Commerce to make development investment assistance grants to qualified applicants for: (1) constructing and improving public facilities; (2) revolving loan funds; and (3) employee stock ownership plans. Authorizes the Secretary to provide technical assistance for improving and enhancing economic development. Describes qualified applicants as States, distressed local governments, economic development districts, economic development organizations, and Indian tribes. Describes a distressed local government as one with a population under 50,000 that is located outside an economic development district. Requires an application for a grant under this Act to include: (1) a certification that the area concerned meets certain distress requirements; (2) a certification relative to performance of any responsibilities which the Secretary has agreed to accept; and (3) a development investment strategy prepared in accordance with this Act. Lists as distress requirements any one of which an area must meet in order to be eligible for a grant under this Act: (1) a per capita income of 80 percent or less of the national average; (2) an unemployment rate one percent above the national average for the most recent 24-month period for which statistics are available; or (3) a sudden economic dislocation resulting in job losses. Sets forth information to be contained in a grant applicant's development investment strategy. Authorizes the Secretary to make grants to establish a revolving loan fund for making or guaranteeing loans to small businesses for initial or working capital or for the purchase of facilities or equipment. Limits to $1,000,000 the amount of any such grant. Limits the amount of any grant under this Act to a maximum of 50 percent of the cost of completing the project as determined at the time of the grant application. Permits the Secretary to reduce or waive the non-Federal share of a project in the case of an Indian tribe. Limits expenditures in any one State to a maximum of 15 percent of the appropriations made pursuant to this Act, except for expenditures to Indian tribes. Prohibits the Secretary from obligating more than $4,000,000 in any fiscal year to any person, other than grants for employee ownership organizations. Requires the Secretary, each fiscal year, to obligate minimum amounts of funds for such grants. Authorizes the Secretary to make economic development planning grants to States, economic development districts, Indian tribes, distressed counties, and distressed units of local governments with populations over 50,000 (if located outside an economic development district). Earmarks such grants for coordination of investments for community facilities, economic development, manpower training, and transportation services. Authorizes the Secretary to evaluate Federal, State, and local development investment efforts. Authorizes the Secretary to conduct demonstration programs to test the feasibility of new ways to increase productivity in the steel industry and related industries, foster innovative technology, match labor force with labor markets, or encourage economic diversity and regional balance. Requires a report to the Congress no later than 90 days after completion of any demonstration program. Authorizes the Secretary to make grants to colleges, universities, and other nonprofit educational and research organizations for management and technical assistance. Declares that the Secretary of Commerce shall administer this Act with the assistance of a specified Assistant Secretary of Commerce. Authorizes the Secretary to consult with other persons and agencies. Prohibits the approval of any grant unless the Secretary is satisfied that the project concerned will be properly and efficiently administered, operated, and maintained. Permits the Secretary to discharge responsibilities relative to a project by accepting a certification of the grant applicant's performance of such responsibilities. Requires the Secretary to make comprehensive annual reports to the Congress detailing operations under this Act. Requires all laborers and mechanics employed by contractors or subcontractors on projects assisted under this Act to be paid the prevailing rate of wages. Requires the Secretary to maintain records of approved applications available for public inspection. Requires each recipient of a grant to maintain specified records. Allows the Secretary and the Comptroller General access to all records of such recipients. Prohibits the Secretary from: (1) discriminating in favor of or against any qualified applicant based on whether it is located in an urban or rural area; (2) creating separate allocations of funds for assistance to urban or rural areas unless allocations are based on objective findings or relative levels of distress in areas qualified for assistance; or (3) denying assistance to qualified applicants because the project is located in a State with low unemployment. Authorizes appropriations. Title II: Appalachian Regional Development - Appalachian Regional Development Act Amendments of 1989 - Amends the Appalachian Regional Development Act of 1965 to declare that investments under such Act shall also be made in severely distressed and underdeveloped counties lacking resources for basic services. Authorizes appropriations through FY 1992 for administrative expenses of the Appalachian Regional Commission. Authorizes the Commission to lease office space through FY 1992. Authorizes appropriations through FY 1992 for the Appalachian development highway system. Increases from 70 to 80 percent the subsequent Federal share of an Appalachian development highway segment when a participating State proceeds to construct a segment of such a highway without the aid of Federal funds. Applies such increase to projects approved after March 31, 1979. Removes the restriction on financial assistance for the cost of industrial facilities. Declares that after October 1, 1989, grants shall not exceed 50 percent of the costs of any approved project (except projects concerning Appalachian highways). Requires that energy enterprise development loan funds established with grants previously approved by the Commission be made available for authorized purposes. Authorizes appropriations through FY 1992. Extends the termination date of such Act from 1982 to October 1, 1992.
United States · United States Congress · 13 April 1989
Local Government Infrastructure Financing Improvement Act of 1989 - Amends the Public Works and Economic Development Act of 1965 to direct the Secretary of Commerce to provide local governments technical assistance with respect to financing construction, repair, and expansion of public works facilities, including provision of information necessary to familiarize local governments about the use and availability of tax-exempt public works facility bonds for such financing. Requires the Secretary to report biennially to specified congressional committees on local government public works financing practices. Amends the Internal Revenue Code to: (1) raise to $25,000,000 the threshold amount of tax-exempt bonds that a small governmental unit may issue and still remain within the exception from arbitrage rebate requirements; and (2) increase from ten percent to 25 percent the amount of tax-exempt government bond proceeds that may be used by a nongovernmental entity for private purposes without triggering treatment of the bond issue as a taxable private activity bond. Limits the latter provision to governmental issuers whose reasonably anticipated amount of tax-exempt obligations to be issued during the calendar year is $25,000,000 or less. Caps at $25,000,000 the amount of bonds to which the issuer may apply the 25 percent private use test in any year.
United States · United States Congress · 13 April 1989
Prohibits U.S. military or security assistance to Zaire under the Arms Export Control Act or the Foreign Assistance Act of 1961. Limits U.S. economic assistance to Zaire under the Foreign Assistance Act of 1961 and the Agricultural Trade Development and Assistance Act of 1954 to assistance that benefits the majority, is for humanitarian purposes, and is channeled through private and voluntary organizations. Authorizes the President to suspend or modify any prohibition or limitation under this Act 30 days after the President determines, and notifies specified congressional committees, that the Government of Zaire has made progress towards fulfilling certain human and political rights. Requires the U.S. representatives to international financial institutions to raise the issues of human rights violations and misuse of funds in Zaire.
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 · 13 April 1989
World War I Veterans' Service Pension Act - Directs the Administrator (effective March 1989, Secretary) of Veterans Affairs to pay a monthly pension of $150 to each veteran of World War I who meets specified service requirements. Requires such veteran, if receiving another pension administered by the Veterans Administration (effective March 1989, Department of Veterans Affairs) (VA), to elect which pension he will receive. Provides for the payment of a monthly pension of $100 to surviving spouses of World War I veterans who meet certain marriage requirements. Requires such surviving spouses to choose between pensions if they are currently receiving another pension through the VA.
United States · United States Congress · 12 April 1989
Community Housing Partnership Act - Title I: Housing Education and Organizational Support Grants for Community Based Housing Projects - Authorizes the Secretary of Housing and Urban Development to provide housing education and organizational support grants directly to nonprofit organizations or indirectly to States and cities to assist such organizations. Authorizes permanent appropriations beginning with FY 1989. Title II: Community Housing and Partnership Grants - Authorizes the Secretary to provide community partnership grants directly to nonprofit organizations or indirectly to States and cities to assist such organizations. Divides appropriations among: (1) urban community housing partnership grants; (2) State community housing partnership grants; and (3) direct community housing partnership grants. Sets forth the following eligible activities: (1) technical assistance and site control loans; (2) seed-money loans; (3) matching grants or loans; and (4) technical and management assistance for nonprofit sponsors. Sets forth rental project and home ownership eligibility provisions, including: (1) occupancy by lower income families; (2) profit limitations; (3) funding coordination; (4) tax treatment; and (5) affirmative action requirements. Authorizes permanent appropriations beginning with FY 1989. Title III: General Provisions - Defines specified terms for purposes of this Act.
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
Emergency Phone System Equal Access Act - Amends the Communications Act of 1934 to require that any telecommunication system that is operated by a provider of public safety services, used to provide public safety emergency answering services, and manufactured, imported, or installed in the United States more than one year after the enactment of this Act be readily accessible to hearing- and speech-impaired individuals.
United States · United States Congress · 5 April 1989
Declares that: (1) it is the sense of the House of Representatives that child survival and development programs are to be commended; (2) the House of Representatives reaffirms its goal of improvement of the survival rates, health, and development of people in all countries and urges the President to adopt this as a major priority; (3) the President is urged to propose to the Secretary General of the United Nations that he establish an independent advisory commission with regard to programs in primary health care, nutrition, basic education, and environment by members of the Grand Alliance for Children; and (4) the House of Representatives endorses the call for a World Summit on Children as an opportunity to attain specified goals, including the goals of Universal Childhood Immunization by 1990 and Health for All by the year 2000.
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 · 3 April 1989
Aviation Security Act of 1989 - Amends the Federal Aviation Act of 1958 to direct the Administrator of the Federal Aviation Administration to require air carriers to use thermal neutron analysis (or technologically more advanced) explosive detection equipment at certain foreign and domestic airports. Amends the Airport and Airway Improvement Act of 1982 to authorize the use of Airport and Airway Trust Fund grants to pay for such equipment acquisition costs.
United States · United States Congress · 23 March 1989
Used Oil Recycling Act of 1989 - Amends the Solid Waste Disposal Act to prohibit the Administrator of the Environmental Protection Agency from listing or identifying as a hazardous waste any: (1) recycled oil; (2) used oil transferred to a person who certifies that such oil will be rerefined, processed, or reclaimed for a beneficial purpose or stored less than 12 months prior to such transfer; and (3) used oil which has been removed from the engine of a light duty motor vehicle or household appliance by the owner, transferred to a service station dealer, and stored by the dealer for less than 12 months. Requires the Administrator to determine whether to list as a hazardous waste used oil which is a solid waste and does not satisfy the above-listed criteria. Directs the Administrator to establish management standards for the storage, testing, transportation, treatment, exportation and importation, and processing of used oil. Requires such standards to be designed to protect human health and the environment by encouraging and expanding reliance on recycling of used oil. Exempts generators of used oil from recordkeeping or reporting requirements if such generators: (1) enter into an agreement for delivery of such oil to a recycling facility whose owner or operator certifies compliance with such standards or recycles such oil; (2) do not mix the oil with any hazardous wastes; and (3) maintain necessary records relating to the oil. Prohibits mixing used oil with any hazardous waste identified under such Act except where: (1) such mixing involves an identified hazardous waste and the resulting mixture does not exhibit a characteristic identified in such Act; and (2) the used oil mixture is burned to recover useful energy such that protection of human health and the environment is assured. Deems owners or operators of facilities which process used oil for fuel to have permits for recycling activities if in compliance with management standards. Directs the Administrator to conduct inspections of such facilities to determine compliance with such standards. Requires the Administrator to implement educational programs to inform the public about the environmental and safety hazards associated with improper handling of used oil and the benefits of used oil recycling. Authorizes appropriations. Directs the Administrator to promulgate regulations concerning the procurement of used oil fuel by Federal agencies subject to the requirements of the Solid Waste Disposal Act.
United States · United States Congress · 23 March 1989
Independent Federal Aviation Administration Act of 1989 - Establishes the Federal Aviation Administration as an independent regulatory agency in the executive branch to succeed the Federal Aviation Administration of the Department of Transportation. Sets forth the Administration's organizational structure and administrative parameters. Transfers to such Administration all functions previously vested in its predecessor. Declares that the Administrator of the independent Federal Aviation Administration shall neither be bound by any entity created by Executive Order nor submit decisions for the approval of any such entity.
United States · United States Congress · 23 March 1989
Homeless Family Relief Incentive Act of 1989 - Amends the Internal Revenue Code to permit an income tax deduction in connection with the charitable contribution of a leasehold interest in a dwelling that the recipient organization will use to house a homeless family for one year or less. Prescribes administrative details relating to the property and its valuation.
United States · United States Congress · 23 March 1989
Amends the Education of the Handicapped Act to authorize the Secretary of Education to make a grant to each of ten eligible State and local educational agencies and private educational institutions for demonstration programs addressing the educational needs of elementary and secondary school students with dyslexia. Authorizes appropriations for FY 1990 and thereafter.
United States · United States Congress · 22 March 1989
Child Investment and Security Act of 1989 - Title I: Prenatal Care - Amends title XIX (Medicaid) of the Social Security Act to phase-in mandatory State coverage of pregnant women and infants whose family income is below 200 percent of the Federal poverty level. Includes prenatal and postpartum home visitation services within such coverage. Deducts child and medical care costs from the income eligibility test. Requires the continuation of such coverage for women through the month in which the 60-day post-partum period expires, and for infants throughout their first year of life. Requires that States make ambulatory prenatal care available to a pregnant woman during a presumptive eligibility period which ends when she is determined to be ineligible for Medicaid benefits or 14 days after she is determined to be eligible, but fails to apply. Requires that States submit information to the Secretary of Health and Human Services, by April 1 of each year, pertaining to the supply of and demand for obstetrical and pediatric services and proposed Medicaid payment rates for such services so that the Secretary may determine whether such rates are sufficient to ensure that obstetrical and pediatric services will be at least as available to Medicaid beneficiaries as they are to the general population. Requires States to immediately revise rates determined to be insufficient. Amends title V (Maternal and Child Health Services) of the Act to increase authorized appropriations for the Maternal and Child Health Services Block Grant Program. Sets aside such additional appropriations for the expansion of prenatal care services for pregnant women and infants in target populations which include pregnant women and infants who are economically disadvantaged and who reside within areas or among populations suffering disproportionately high levels of infant mortality and inadequate maternity and infant care. Amends the Public Health Service Act to increase and permanently extend authorized appropriations for grants to community and migrant health centers for services promoting the reduction of infant mortality and the management of health services for pregnant women and infants. Title II: Preventive Child Health - Amends the Medicaid program to phase-in mandatory coverage of children under age eight whose family income is below 200 percent of the Federal poverty level. Requires States to receive and process the Medicaid applications of such children at locations which include locations other than those used for applications under part A (Aid to Families with Dependent Children) of title IV of the Act. Amends the Public Health Service Act to authorize appropriations for FY 1990 through 1993 for supplemental grants to public entities for the inclusion of immunization training and outreach services within their immunization programs. Title III: Special Supplemental Food Program for Women, Infants, and Children - Amends the Child Nutrition Act of 1966 to require the Secretary to allocate specified funds among States from FY 1990 through 1993 under the special supplemental food program for women, infants, and children (WIC). Title IV: Early Childhood Education - Amends the Head Start Act to increase and extend, through FY 1993, authorized appropriations for Head Start programs. Title V: Application Process for Certain Forms of Federal Assistance with Respect to Child Health - Directs the Secretary to develop a plan, to be implemented within nine months of this Act's enactment, for the use of a single, standardized application form for simultaneously requesting assistance for children under age six under the Social Security Act, the Public Health Service Act, the Child Nutrition Act of 1966, and the Head Start Act.
United States · United States Congress · 21 March 1989
Amends the Federal Election Campaign Act of 1971 to prohibit contributions by foreign nationals in connection with any election, initiative, referendum, recall election, primary election, convention, or caucus for any Federal, State, or local office.
United States · United States Congress · 16 March 1989
Older Women's Breast Cancer Prevention Act of 1989 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to eliminate the cap on coverage of screening mammography.
United States · United States Congress · 16 March 1989
Oil Pollution Liability and Compensation Act of 1989 - Title I: Oil Pollution Liability and Compensation - Imposes joint, several, and strict liability for specified removal costs and damages upon the party responsible for a vessel or facility from which oil is either discharged into certain waters, or which poses a substantial threat of such a discharge. Exempts from such liability certain discharges permitted under Federal, State, and local law. Defines conditions under which a mobile offshore drilling unit will be treated as either a tanker or as a facility for purposes of determining responsibility or excess liability. Sets forth defenses to liability under this Act. Sets forth limits to liability under this Act, with specified exceptions. Authorizes the Secretary of Transportation to establish by regulation a maximum liability limit. Requires the Secretary to report to the Congress from time to time regarding liability adjustments. Declares that the responsible party or his guarantor shall be liable to the claimant for interest on the amount paid in satisfaction of a claim for a specified period. Defines circumstances under which liability for injury to natural resources shall be to either: (1) the United States; (2) the affected State; or (3) a foreign government. Sets forth recovery and indemnification procedures. Sets forth the uses of the Oil Spill Liability Trust Fund (the Fund) including: (1) payment of removal costs and administrative expenses; and (2) contributions to the International Fund. Sets forth defenses to liability for such Fund and a specified maximum amount which may be paid from the Fund. Confers rights of subrogation upon the United States for payment of any claim by the Fund. Sets forth a claims procedure for removal costs or damages. Requires the Secretary to designate the source of a discharge and to immediately notify the responsible party or guarantor of such designation. Grants subrogation rights to any person (including the Fund) who pays compensation under this Act to any claimant for costs or damages. Requires the party responsible for certain vessels over 300 gross tons to establish and maintain evidence of financial responsibility to meet maximum liability limits. Requires the Secretary of the Treasury to withhold or revoke the clearance of any vessel which fails to certify such financial responsibility. Sets forth circumstances under which such vessels may be denied entry into U.S. ports or waters or have their oil cargo seized. Imposes a civil penalty for failure to comply with the financial responsibility requirement. Restricts judicial review of any regulation promulgated under this Act to the Circuit Court of Appeals for the District of Columbia. Grants the district courts original jurisdiction over all actions arising under this Act. Sets forth a limitation period for actions for removal costs, damages, or contribution. Title II: Conforming Amendments - Sets forth conforming amendments to certain related statutes. Title III: Implementation of International Conventions - States that during any period in which the Civil Liability Convention and the Fund Convention are in force with respect to the United States, owner liability for pollution damage arising from a ship-related incident shall be determined according to such Conventions. Grants recognition to the International Oil Pollution Compensation Fund as a legal person under Federal law, and deems the Director of such Fund to have irrevocably appointed the Secretary of State as the Fund's agent for service of process for legal proceedings involving the Fund within the United States. Exempts such Fund and its assets from all direct taxation in the United States. Provides that certain required contributions with respect to oil received in the United States shall be paid to the International Fund from the Oil Spill Liability Trust Fund. Grants recognition to any final judgment of a court of any country which is a party to either the Civil Liability Convention or the Fund Convention. Sets forth the financial responsibility requirements of shipowners whose vessels are subject to the Civil Liability Convention. Imposes specified sanctions and civil penalties upon persons violating the financial responsibility requirements. Waives all U.S. defenses based upon sovereign immunity with respect to any controversy arising under the Civil Liability Convention or the Fund Convention relating to any ship owned by the United States and used for commercial purposes. Authorizes the Secretary to prescribe regulations to implement this Act and all Federal obligations under the specified Oil Pollution Conventions.
United States · United States Congress · 16 March 1989
Acid Deposition Control Act of 1989 - Title I: Stationary Sources - Amends the Clean Air Act to require each Governor to submit to the Administrator of the Environmental Protection Agency for approval a two-phased plan establishing emission limitations and compliance schedules for sulfur dioxide and oxides of nitrogen emissions from fossil fuel fired electric utility steam generating units in the State. Requires reductions in sulfur dioxide emissions by 1994 (phase I) and reductions in oxides of nitrogen and further reductions in sulfur dioxide by 1998 (phase II). Directs each Governor to submit to the Administrator for approval an emissions limitations plan for such units, other than electric utilities' units, requiring both sulfur dioxide and oxides of nitrogen emissions reductions by 1998. Requires the Administrator to conduct and update an annual inventory of sulfur dioxide and oxides of nitrogen emissions from stationary sources. Directs the Administrator to identify the total statewide potential reductions in such emissions and to transmit such information to the State. Requires each Governor to submit to the Administrator a plan for establishing emission limitations from stationary sources of industrial process emissions to achieve such State's potential reductions by 1998. Requires the Administrator to study and report to the Congress by June 30, 1994, on the reductions achieved during phase I, granting the Congress an opportunity to legislate by the start of 1995 against the implementation of phase II. Grants States an opportunity to modify disapproved plans. Establishes emissions standards and Administrator-promulgated plans for States without an approved plan. Requires units in such States to submit a compliance plan and schedule to the Administrator. Directs the Administrator to impose fees on the generation and importation of electric energy if a utility is eligible for Federal subsidies to cover rate increases attributable to emission reduction requirements. Limits such fee to a maximum of 1/2 mill per kilowatt hour and makes it inapplicable to the generation of electric energy within the United States by hydroelectric or nuclear power. Prohibits the application of such fees after December 31, 1997. Prescribes civil penalties for violations in connection with such fees. Establishes the Acid Deposition Control Fund to provide for subsidies to electric utilities to cover rate increases attributable to emission reduction requirements. Prohibits the payments of subsidies to any utility, unless the State's Governor has assured that such rate increases are: (1) equivalent for residential electric utility ratepayers throughout the State; and (2) made level over the period during which such requirements are in effect. Prohibits costs for any technological system of emission reduction from being attributed to such requirements, unless such system meets specified conditions. Authorizes the Administrator to provide financial assistance to the owners or operators of stationary sources to promote the use of innovative technologies to control sulfur dioxide, nitrogen oxides, and other emissions from fossil fuels covered under the Clean Air Act. Sets forth eligibility and evaluation requirements. Allows State plans to provide for the use of innovative technology if contingent emission limitations are included in such plans. Authorizes the Administrator to impose fees on the generation of electric energy in such States to promote the use of innovative technologies. Prescribes civil penalties for violations in connection with such fees. Directs the Administrator to revise standards for emissions of nitrogen oxides for electric utility steam generating units burning bituminous or subbituminous coal. Requires the Administrator to promulgate standards for such emissions from nonelectric utility units which are new sources over a certain capacity. Title II: Emissions from Mobile Sources - Establishes emission standards for: (1) oxides of nitrogen from passenger cars and trucks manufactured after model year 1990; and (2) hydrocarbons from trucks manufactured after model year 1991. Directs the Administrator to promulgate regulations setting a maximum percentage for the sulfur content of motor vehicle diesel fuel. Prohibits any manufacturer or processor of diesel fuel from selling or introducing into commerce any fuel not in compliance with such regulations after January 1, 1991. Directs the Administrator to promulgate regulations to require the use of either hydrocarbon control technology by motor vehicles manufactured after model year 1991, or gasoline vapor recovery of hydrocarbon emissions emanating from the fueling of motor vehicles, or both.
United States · United States Congress · 15 March 1989
Student Athlete Right-to-Know Act - Requires institutions of higher education receiving Federal assistance to provide certain information with respect to the graduation rates of student-athletes. (Includes information on fields of study, race, and sex under such requirement.) Requires such institutions to report such information annually to the Secretary of Education and to include it in their letters of intent to prospective students who are candidates for athletic scholarships. Directs the Secretary to compile and publish a report containing such information and to make copies available upon request to individuals and secondary schools.
United States · United States Congress · 15 March 1989
Directs the Secretary of Defense, in the negotiation, renegotiation, and implementation of memoranda of understanding and other agreements with foreign countries relating to research, development, or production of defense equipment, to solicit and consider comments and recommendations of the Secretary of Commerce with respect to the commercial implications of such agreements and the potential impact on the U.S. international competitive position. Prohibits the implementation of any such memoranda if the President determines that implementation would have a significant adverse impact on the U.S. position. Authorizes the Secretary of Commerce to request a review of any existing memoranda or agreement that may have such an adverse impact. Directs the Secretary, after such review, to recommend to the President any appropriate modifications to such memorandum or agreement.
United States · United States Congress · 15 March 1989
Degradable Plastics Act of 1989 - Directs the Administrator of the Environmental Protection Agency to issue rules, within two years of this Act's enactment, requiring that plastic articles which are produced, distributed, or sold in the United States be made of naturally degradable material which will begin reduction to environmentally benign subunits within a specified period of time after being discarded that is not to exceed 180 days and complete such reduction within a specified period of time that is not to exceed two years. Provides that this Act does not preclude States or localities from adopting more stringent rules. Imposes civil and criminal penalties against persons who violate such rules. Requires producers of plastic articles to make records regarding the development and production of such articles available to the Administrator for inspection and copying. Makes the rules issued pursuant to this Act inapplicable to any plastic article produced before the end of the five-year period beginning after the issuance of such rules.
United States · United States Congress · 15 March 1989
Includes service in the U.S. merchant marine between May 26, 1940, and January 1, 1948, as military service for the purpose of determining civil service retirement benefits.
![Official portrait of Rep. Oberstar, James L. [D-MN-8]](https://www.congress.gov/img/member/o000006_200.jpg)