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 · 4 May 1989
Davis-Bacon Reform Act of 1989 - Amends the Davis-Bacon Act to increase from $2,000 to $250,000 the threshold amount subjecting certain contracts to such Act and requiring them to specify the minimum wages to be paid to laborers and mechanics. Directs the Secretary of Labor to establish as the prevailing wage for a class of laborers or mechanics the entire range of wages being paid to a corresponding class of such workers in the particular urban or rural subdivision of the State in which the work is to be performed. Sets out the means for determining such prevailing wage in cases when more than a single wage is being paid to corresponding classes of workers. Excludes from the computation of wages the basic hourly rates of pay for workers on local Federal projects. Establishes a separate classification for helpers of laborers or mechanics, with their prevailing wages to be determined on the basis of the corresponding class of helpers. Prohibits the division of contracts into units of $250,000 or less for purposes of avoiding wage computation under such Act. Provides for administrative enforcement of such prohibition. Applies the increased contract amount threshold for coverage provided in this Act to other related Federal laws which use the Davis-Bacon Act prevailing wage rate determination requirements. Provides that wages found to be due to laborers and mechanics pursuant to the Davis-Bacon Act shall be paid to them directly from accrued payments withheld under the contract, in accordance with specified regulations issued by the Secretary of Labor. (Currently the Comptroller General makes such payments.) Directs the Administrator of General Services (rather than the Comptroller General) to distribute a list to all Federal agencies giving the names of persons or firms that the Secretary of Labor (rather than the Comptroller General) has found to have disregarded their obligations to employees and subcontractors. Amends the Copeland Act to require certain contractors or subcontractors to furnish compliance statements concerning weekly wages at the beginning, midpoint, and conclusion of the period covered by the contract, instead of every week as the wages are paid. Requires such statements at least every three months. Directs the Secretary of Labor and the Comptroller General to submit to the Congress annual reports describing the effects of the Davis-Bacon Act, the Copeland Act, and this Act on local wages and on local and national economies.
United States · United States Congress · 3 May 1989
De Soto Trail Commission Act of 1989 - Title I: De Soto Expedition Trail Commission - Establishes in the Department of the Interior the De Soto Expedition Trail Commission to assist with the establishment of a commemorative highway route of the De Soto expedition through the States of Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, and Texas. Authorizes appropriations. Title II: Highway Route of the De Soto Expedition - Directs the Secretary of the Interior to designate a vehicular route as the Highway Route of the De Soto Expedition. Authorizes appropriations.
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
Idaho Wilderness Act - Designates the following lands in Idaho as components of the National Wilderness Preservation System: (1) the Salmo-Priest Wilderness in the Idaho Panhandle National Forest; (2) the Long Canyon-Selkirk Crest Wilderness in the Idaho Panhandle National Forest; (3) the Scotchman's Peak Wilderness in the Idaho Panhandle National Forest; (4) the Grandmother Mountain Wilderness in the Idaho Panhandle National Forest; (5) the Mallard-Larkins Wilderness in the Idaho Panhandle and Clearwater National Forests; (6) the Great Burn Wilderness in the Clearwater National Forest; (7) the Moose Mountain Wilderness in the Clearwater National Forest; (8) the Elk Summit Wilderness in the Clearwater National Forest; (9) the North Fork Clearwater Wilderness in the Clearwater National Forest; (10) the Lewis and Clark Wilderness in the Clearwater National Forest; (11) the Rapid River Wilderness in the Payette National Forest; (12) the Pot Mountain Wilderness in the Clearwater National Forest; (13) the Snowbank Mountain Wilderness in the Payette and Boise National Forests; (14) Payette Crest and Salmon River Breaks of the South Fork of the Salmon River Wilderness in the Payette National Forest; (15) the French Creek/Patrick Butte Wilderness in the Payette National Forest; (16) the Peace Rock Wilderness in the Boise National Forest; (17) the Deadwood River Wilderness in the Boise National Forest; (18) the Breadwinner Wilderness in the Boise National Forest; (19) the Lime Creek Wilderness in the Boise National Forest; (20) the Red Mountain Wilderness in the Boise National Forest; (21) the Sawtooth Completion Wilderness in the Boise, Sawtooth, and Challis National Forests; (22) the Smoky Mountain Wilderness in the Boise and Sawtooth National Forests; (23) the Trinities Wilderness in the Boise National Forest; (24) the Danskin-South Fork Boise River Wilderness in the Boise National Forest; (25) the Pioneer Wilderness in the Sawtooth and Challis National Forests; (26) the Cache Peak Wilderness in the Sawtooth National Forest; (27) the Boulder-White Clouds Wilderness in the Sawtooth and Challis National Forests and the Salmon District; (28) Borah Peak, King Mountain, and the Pahsimeroi Mountains of the Lost River Wilderness in the Challis National Forest; (29) the North Lemhi's Wilderness in the Salmon and Challis National Forests; (30) the Diamond Peak Wilderness of the Targhee, Salmon, and Challis National Forests; (31) the Winegar Hole Wilderness of the Targhee National Forest; (32) Anderson Mountain and Garfield Mountain of the Continental Divide Wilderness in the Salmon and Targhee National Forests; (33) West Bigholes, Italian Peaks, Centennials, and Lionhead of the Great Divide Wilderness in Targhee, Salmon, and Challis National Forests; (34) Garns Mountain, Palisades, Bear Creek, Caribou, and Poker Peak of the Greater Palisades Wilderness of Targhee and Caribou National Forests; and (35) the Cache Crest Wilderness, Mt. Naomi Wilderness, and Stump Creek Wilderness of the Caribou National Forest. Permits livestock grazing in the North Lemhi's Wilderness. Provides that the RARE II (second roadless area review and evaluation final environmental statement (dated January 1979) with respect to national forest system lands in Idaho shall not be subject to judicial review. Releases national forest system lands in Idaho which were reviewed in the RARE II program from further review by the Department of Agriculture, pending the revision of initial national forest management plans. Releases lands in Idaho reviewed in the RARE II program and not designated as wilderness from management as wilderness areas. Prohibits the Department of Agriculture from conducting any further statewide roadless area review and evaluation of national forest system lands in Idaho without express congressional authorization.
United States · United States Congress · 2 May 1989
Elephant Protection Act - Requires the United States Trade Representative (USTR), before January 1, 1990, to identify each foreign country that has enacted sanctions against trading in ivory. Requires the USTR to: (1) determine, for each year after 1989, if each identified country has effectively enforced such sanctions; (2) determine, for each year after 1990, if each foreign country not so identified has enacted such sanctions; and (3) determine, for each year after 1990, if such countries that have implemented sanctions against trading in ivory have enforced them. Directs the USTR to: (1) make such determinations for each year; (2) notify the President of each negative determination; and (3) publish each negative determination in the Federal Register. Requires the President, after receiving a negative determination with respect to any foreign country, to revoke nondiscriminatory treatment (most-favored-nation treatment) for all products of such country that are imported into the United States. Makes it unlawful for any person to import or export ivory products. Sets forth civil and criminal penalties. Amends the Internal Revenue Code to deny foreign tax credit benefits with respect to income derived from trading in ivory. Provides that ivory-related income shall not be treated as foreign base company income.
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 · 2 May 1989
Prohibits the U.S. Government from giving its approval to the manufacturing license agreement involving the export of technology relating to the design, development, and production of the FSX aircraft in Japan.
United States · United States Congress · 26 April 1989
Amends Internal Revenue Code provisions governing the income tax deduction for the health insurance costs of self-employed individuals to: (1) make the deduction permanent (under current law it will expire after tax year 1989); and (2) phase in an increase in the allowable deduction, reaching 100 percent for taxable years beginning in 1994 and thereafter.
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 · 25 April 1989
Declares that the Air Force should continue to fly WC-130 aircraft for the purpose of collecting scientific data on hurricanes until satellites that can provide similar data are in place and functioning properly.
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 · 18 April 1989
Title I: Repeal of Certain Provisions in Medicare Catastrophic Coverage Act of 1988 - Medicare Catastrophic Coverage Amendments of 1989 - Repeals provisions of the Medicare Catastrophic Coverage Act of 1988 (the Act) establishing a Supplemental Medicare Premium and providing Medicare coverage (title XVIII of the Social Security Act) of prescription drugs and insulin, home intravenous drug therapy services, screening mammographies, and in-home care for chronically dependent individuals. Amends the Medicare program to increase the limit on Medicare part B (Supplementary Medical Insurance) out-of-pocket expenses incurred by beneficiaries for 1990. Gears future adjustments of such limit to changes in expenses of the Medicare trust funds. Modifies the Act's premium financing mechanisms. Amends title XIX (Medicaid) of the Social Security Act to require States to establish the family income eligibility level for Medicaid coverage of Medicare cost-sharing amounts at at least 85 percent of the Federal poverty level. (Currently, States must phase-in such coverage for all families whose income is below the Federal poverty level.) Requires Medicaid coverage of prescription drugs for individuals who are at least 65 years old and whose income does not exceed 150 percent of the Federal poverty level. Directs the Boards of Trustees of the Medicare trust funds to include in their reports to the Congress in April 1990 an analysis, performed by the Secretary of the Treasury, of options to strengthen the long-term solvency of such trust funds. Title II: Tax Provisions Related to Long-Term Care Insurance - Amends the Internal Revenue Code to treat certain long-term care insurance which the Secretary certifies is providing coverage to each covered person who is age 50 or older for at least one year for diagnostic, preventive, therapeutic, rehabilitation, maintenance, or personal care services provided in a setting other than the acute care unit of a hospital as accident or health insurance when taxing issuers of such insurance (hereafter referred to as qualified long-term care insurance). Provides that for the purpose of determining whether a tax exclusion applies to an employee's receipt of benefits from qualified long-term care insurance such benefits shall be considered to be for personal injury or sickness, and medical care. Excludes from taxation: (1) the portion of distributions from individual retirement plans which is used during the year to pay the premiums for qualified long-term care coverage of individuals who are age 59 1/2 or older on the date of distribution; and (2) amounts received when an individual who has attained age 65 surrenders, cancels, or exchanges a life insurance contract and used during such year to pay the premiums for qualified long-term care insurance.
United States · United States Congress · 18 April 1989
Employee Educational Assistance Act of 1989 - Repeals provisions of the Internal Revenue Code that: (1) terminated the income tax exclusion of amounts paid under employee educational assistance programs as of tax year 1989; and (2) deny benefits in connection with graduate work.
United States · United States Congress · 17 April 1989
Holloway-Schulze Toddler Tax Credit Act of 1989 - Amends the Internal Revenue Code to allow the custodial parent a refundable income tax credit for each dependent child under the age of six (five in 1990 through 1993). Establishes the credit amount as the lesser of $1,000 or 12 percent of income below $10,000 for a single qualified dependent. Limits application of the credit to two eligible dependents. Reduces the credit for taxpayers earning more than $10,000. Makes this credit and the employment-related dependent care credit mutually exclusive. Applies phase-in amounts for tax years beginning in 1990 through 1993. Indexes post-1994 credit amounts. Provides for advance toddler tax credit payments by employers to employees who provide certification of eligibility. Requires taxpayers to file information returns to reflect these payments. Reduces the amount of the employment-related dependent care credit for taxpayers with adjusted gross income above $50,000. Disallows application of the credit with respect to a taxpayer's dependent under age 13 who is physically and mentally capable of self-care. Repeals the income tax exclusion applied in connection with amounts furnished to an employee in accordance with an employer dependent care assistance program.
United States · United States Congress · 17 April 1989
Requires the Committee on House Administration, not later than December 31, 1989, to: (1) take such action as may be necessary to discontinue use of disposable polystyrene foam trays, dishes, and beverage containers in the food service operations of the House of Representatives; and (2) require that disposable trays, dishes, and beverage containers used in such operations be biodegradable.
United States · United States Congress · 13 April 1989
Oilspill Bill - Amends the Internal Revenue Code to disallow any income tax deduction for oil or hazardous substances cleanup costs, including related legal expenses, unless: (1) the Secretary of the Treasury receives certification from the relevant authority that the taxpayer has made a good faith effort to comply with specified Federal environmental law; or (2) the discharge was caused by an act of God, an act of war, negligence on the part of the U.S. Government, or an act or omission of a third party. Prohibits any loss resulting from disallowance of such a deduction from being offset by the net operating loss deduction. Transfers the revenue resulting from the disallowance to an account made available for subsequent transfer to: (1) the revolving fund under the Federal Water Pollution Control Act for expenses related to removal of discharged oil; or (2) the Hazardous Substance Superfund. Directs the Secretary of the Treasury to: (1) report to specified congressional committees an estimate of the decrease in Federal revenues between January 1, 1970, and December 31, 1988, by reason of the allowance of applicable cleanup costs; and (2) report annually to the same committees the amount expended on environmental cleanup costs and the amount accruing to the new cleanup account.
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 · 13 April 1989
Amends the Internal Revenue Code to permit an individual taxpayer an income tax deduction for travel, food, lodging, and transportation expenses paid or incurred in connection with the taxpayer's performance of services as a member of the armed forces reserves or the National Guard. Excludes the taxpayer's meal and entertainment expenses from deductibility limitations in this context.
United States · United States Congress · 13 April 1989
Expresses the sense of the Congress that the United States should: (1) give the highest priority to fully accounting for the Americans still missing in Southeast Asia and to negotiating the return of Americans still held captive; (2) maintain an ongoing dialogue with Vietnamese, Cambodian, and Lao officials so that the prisoners of war issue may be resolved; (3) continue joint field investigations with such officials; and (4) heighten public awareness of the prisoners of war issue through the dissemination of factual data.
United States · United States Congress · 12 April 1989
Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 1992, the duty on 9,10-anthracenedione (anthraquinone or AQ).
United States · United States Congress · 12 April 1989
Amends title XVIII (Medicare) of the Social Security Act to repeal Medicare participating physician and Maximum Allowable Actual Charge programs. Eliminates carrier actions to require physicians to refund amounts collected for services deemed not reasonable and necessary.
United States · United States Congress · 10 April 1989
Wetlands No Net Loss Act of 1989 - Requires the Secretary of the Interior to designate a nonprofit organization as a Wetlands Preservation Trust if such organization: (1) is established for the purpose of acquiring ownership interests in wetlands, former wetlands, and related property and for restoring, creating, or preserving wetlands; and (2) meets, and submits an application in accordance with, the Secretary's requirements. Amends the Internal Revenue Code to create special rules for contributions of land to such Trusts. Applies the 50 percent limitation on charitable contribution deductions to contributions of wetlands to such Trusts. Permits a ten-year carryover for excess contributions. Extends the deadline for the exchange of property held for productive use or investment if such contributions are made as part of such exchanges. Permits the carryover of unused deductions on a taxpayer's last return if such taxpayer dies before the close of the last taxable year for which such deductions could have been allowed. Authorizes the Secretary, acting through the Office of Wetlands Identification and Preservation, to make grants to States from the Wetlands Preservation Account for the implementation of State Wetlands Conservation Plans. Outlines requirements of such Plans. Prohibits the Secretary from approving any Plan that: (1) excludes any area of State wetlands solely on the basis of that area being less than a minimum size; or (2) excludes from Plan administration areas of wetlands the preservation of which is significant for achieving the purposes of this Act. Amends the Fish and Wildlife Act of 1956 to require the Director of the U.S. Fish and Wildlife Service to establish the Office of Wetlands Identification and Preservation within the Service. Requires the Director, acting through the Office, to: (1) identify all U.S. wetlands and associated uplands which are suitable for preservation; (2) produce and make available to the public maps of such lands; and (3) carry out title III of the Emergency Wetland Resources Act of 1986 (State and Federal Wetland Acquisition). Authorizes the Director, acting through the Office, to enter into agreements with private persons to carry out wetlands preservation. Permits such agreements to provide for: (1) the transfer of wetlands to Trusts; and (2) technical assistance to owners of wetlands who enter into such preservation agreements. Establishes the Wetlands Preservation Account. Requires at least 60 percent of Account funds to be available for grants to States. Requires the Secretary of the Treasury to deposit into such Account amounts received in the form of: (1) criminal penalties for certain permit violations of the Federal Water Pollution Control Act; and (2) civil and administrative penalties under such Act. Directs the Secretary to transfer annually to the Account $300,000,000 from the Land and Water Conservation Fund. Authorizes appropriations. Requires the head of each executive agency to: (1) complete an inventory of all wetlands and associated uplands owned or managed by the agency; and (2) implement a plan for the protection of wetlands included in the inventory. Requires such agencies to submit such plans to the head of the Office and the Secretary of the Interior. Amends the Federal Water Pollution Control Act to transfer the authority to issue permits for discharge of dredge and fill material from the Secretary of the Army to the Secretary of the Interior, acting through the Office. Revises provisions regarding reporting requirements. Repeals a provision requiring the submission of comments on permit applications. Prohibits the Secretary of the Army from authorizing any dredging of wetlands under the Rivers and Harbors Appropriations Act of 1899 without the prior approval of the Secretary of the Interior. Requires the Director of the Office of Technology Assessment to study and report to the Congress on: (1) incentives under Federal and State laws for the protection and management of wetlands; (2) potential modifications to existing Federal laws to improve their effectiveness in creating such incentives and to increase the permanence of such protection; and (3) ways in which the Federal Government may encourage State and local governments to create additional incentives for the protection and management of wetlands by private individuals.
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
Educational Excellence Act of 1989 - Title I: Improving Elementary and Secondary Education - Part A: Presidential Merit Schools - Presidential Merit Schools Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to establish the Presidential Merit Schools Program to recognize and reward public and private elementary and secondary schools that have made substantial progress in: (1) raising student educational achievement, especially in reading, writing, and mathematics; (2) creating a safe and alcohol- and drug-free school environment; and (3) reducing the dropout rate. Authorizes appropriations for FY 1990 through 1993. Authorizes State educational agencies (SEAs) to designate as a Merit School any public or private elementary or secondary school nominated through procedures established by the SEA. Sets forth requirements for selection criteria established by the Secretary of Education (the Secretary) and by SEAs. Provides that each Merit School will be awarded a Presidential Certificate of Merit, as well as funds to further its educational program. Prohibits Federal, State or local reduction of other assistance to a school because it receives such an award. Part B: Magnet Schools of Excellence - Magnet Schools of Excellence Act of 1989 - Amends ESEA to establish the Magnet Schools of Excellence Program of grants to support public elementary or secondary schools that: (1) offer the highest quality instruction in an academic or vocational discipline or create a unique and effective learning environment; (2) are open to students from beyond the immediate school attendance area; and (3) are capable of attracting students from a variety of backgrounds. Authorizes appropriations for FY 1990 through 1993. Sets forth criteria for selection of applications. Limits such grants to any one school to no more than two years, and requires satisfactory progress in order to receive the grant for the second year. Prohibits Federal, State, or local reduction of assistance to a school because it receives such an award. Part C: Alternative Certification for Teachers and Principals - Alternative Certification of Teachers and Principals Assistance Act of 1989 - Amends ESEA to establish a program of assistance for Alternative Certification of Teachers and Principals. Authorizes appropriations for FY 1990. Repeals this Part as of October 1, 1990. Part D: Presidential Awards for Excellence in Education - Amends ESEA to establish the Presidential Awards for Excellence in Education Program to recognize and reward outstanding elementary and secondary school teachers. Authorizes appropriations for FY 1990 through 1993. Makes any full-time public or private elementary or secondary school teacher of academic or vocational subjects eligible for such an award. Makes teachers of religion (other than religion as an academic discipline) ineligible. Allows various individuals, groups, or institutions to nominate teachers for such awards. Requires State panels to select award recipients using criteria approved by the Secretary. Sets the amount of such an award at $5,000, and allows the recipient to use it for any purpose. Part E: Effective Date - Sets the effective date of the amendments made by this title. Title II: National Science Scholars - Amends the Higher Education Act of 1965 (HEA) to establish the National Science Scholars Program to recognize student excellence and achievement in the physical, life, and computer sciences, mathematics, and engineering. Authorizes appropriations for FY 1990 through 1993. Authorizes the Secretary to award scholarships to outstanding students selected as National Science Scholars by the President. Allows students who satisfy certain requirements to receive such scholarships for the first year of undergraduate study and, if they satisfy additional requirements, additional scholarships to cover the remaining undergraduate years. Directs the Secretary to appoint a panel of experts to recommend academic achievement criteria for use in the nomination of scholars. Sets forth requirements for initial and continuation awards. Sets the scholarship amount at $10,000 for an academic year, but reduces such amount based on cost of attendance and other grant or scholarship assistance, and adjusts for insufficient appropriations. Requires that scholarship recipients, to the extent they are otherwise qualified, be given priority consideration for federally financed summer employment in research and development centers. Title III: Other Programs - Amends the Drug-Free Schools and Communities Act of 1986 to establish a Drug-Free Schools Urban Emergency Grants program. Authorizes appropriations for FY 1990 through 1993. Directs the Secretary ot use program funds to award a small number of one-time grants to local educational agencies in urban areas with the most severe drug problems to assist them in developing and implementing comprehensive approaches to eliminating such problems. Amends HEA to authorize appropriations for FY 1990 through 1993 for special awards to historically Black colleges and universities. Makes institutions that receive such awards ineligible for other specified awards, and makes institutions that do not receive them eligible for those other awards.
United States · United States Congress · 5 April 1989
Amends the Tax Reform Act of 1986 to delay until 1990 the effective date of the new nondiscrimination requirements for coverage and benefits under certain statutory employee benefit plans (Internal Revenue Code section 89). Amends Internal Revenue Code provisions relating to such plans to: (1) decrease from 80 percent to 70 percent the coverage requirement under the alternative coverage test; (2) increase from 17 1/2 hours to 35 hours per week the threshold number of work hours triggering requirements with respect to part-time employees; and (3) exempt a number of employee categories from the requirements.
United States · United States Congress · 5 April 1989
Tropical Forest Protection Act of 1989 - Requires the Secretary of the Treasury to instruct the U.S. executive directors of specified multilateral development banks to promote the preservation of tropical forests or other endangered ecosystems and species in debtor developing countries by enabling such countries, through debt reduction or restructuring, to buy back private debt at discount rates in the secondary market if such countries: (1) convert an agreed upon amount of debt to local currency for use in "debt-for-nature swap" programs for the protection of such forests, ecosystems, or species; or (2) demonstrate a commitment to the protection of such forests in the form of such swaps for set asides or conservation easements. Directs the Secretary to instruct such directors to consult with one another to promote debt suspension in such countries as long as environmental protection commitments are maintained. Requires the Secretary to instruct the U.S. executive director to the International Bank for Reconstruction and Development to initiate discussions with other directors and management of the Bank and propose a three-year environmental sector lending program for countries with such commitments to: (1) reduce the future need for lending for reforestation and restoration of environmentally degraded areas; and (2) be based on the estimated long-term economic return expected from the sustainable use and protection of tropical forests and the benefits from maintenance of biological diversity and climate stabilization. Directs the Secretary to instruct such directors to promote policies which: (1) assist in strengthening nongovernmental organizations in such countries by providing technical assistance and support for environmental protection activities; and (2) encourage international collaboration for information exchange and project enhancement with environmental protection organizations.
United States · United States Congress · 5 April 1989
Healthy Birth Act of 1989 - Amends title V (Maternal and Child Health Services) of the Social Security Act to increase authorized appropriations for such program. Sets aside certain appropriated amounts for comprehensive State infant mortality initiatives and Federal activities in coordination with such initiatives. Prohibits Federal assistance for such a State initiative unless the State provides assurances that it will: (1) establish a toll-free telephone information and referral system for maternal and child health services; (2) provide technical assistance and public awareness activities regarding the maternal and child health handbook to be disseminated by the Secretary of Health and Human Services; (3) develop and expand maternal and child health home visiting programs; (4) establish a "one-stop shopping," client-centered program under which pregnant women and mothers can apply for a wide range of Government programs in a coordinated manner at a location at which social and health-related services are made available to pregnant women and infants; (5) evaluate the impact of such initiative; and (6) be able to continue such initiative without Federal assistance within five years of the first receipt of such assistance. Directs the Secretary to use a specified portion of set-aside amounts to: (1) provide technical assistance to State initiatives; (2) disseminate a maternal and child health handbook to all pregnant women and new parents; (3) establish a nationwide, toll-free telephone information and referral system for maternal and child health services; (4) develop a model, coordinated application and eligibility determination system for use by States under the Medicaid program (title XIX of the Act) and the special supplemental food program for women, infants, and children; (5) improve the integration and coordination of Federal programs serving pregnant women and children; and (6) monitor and evaluate State infant mortality initiatives. Requires the Secretary to give priority to the initiatives of States demonstrating the greatest need and an ability to implement such initiatives, while recognizing the need for an equitable distribution of assistance among the States.
United States · United States Congress · 5 April 1989
Consumer Products Safe Testing Act - Prohibits Federal department or agency heads from considering LD50 test results when determining product safety, labeling, or transportation requirements for purposes of Federal regulation. (LD50 is a procedure whereby toxicity is measured in terms of the median dose that will kill 50 percent of the test animals within a specified time.) Requires Federal department and agency heads to: (1) review and evaluate directives that call for the use of an animal toxicity test; and (2) promulgate regulations specifying the use of nonanimal alternatives. Requires that animal toxicity testing regulations be subject to periodic agency review and to public comment in certain cases.
United States · United States Congress · 5 April 1989
Refuge Wildlife Protection Act of 1989 - Amends the National Wildlife Refuge System Administration Act to require that any wildlife management or other activity which affects wildlife in any area of the System be conducted in the most humane manner possible. Permits the Secretary of the Interior to authorize any killing of a member of a wildlife species within any area of the System, based upon evidence that such killing is necessary for the health and habitat of wildlife species within the area, to protect public health and safety, and that non-lethal management alternatives are not available. Requires the Secretary to provide the scientific information upon which the authorization is based as well as details such as the numbers to be killed. Authorizes public hearings on such decisions unless an emergency exists. Authorizes the Secretary to contract out such killing. Authorizes the Secretary to donate the carcass to a charitable organization for a charitable purpose.
United States · United States Congress · 5 April 1989
Amends the Internal Revenue Code to impose a three percent excise tax on wholesale sales of paper and paper products that do not contain the minimum amount of recycled materials in accordance with Environmental Protection Agency (EPA) guidelines. Increases the tax rate by one percent each year to reach a maximum 12 percent rate for sales during 2000 and thereafter. Directs the EPA Administrator to issue guidelines for products not already designated by relevant guidelines.
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
Expresses the sense of the Congress that: (1) there should be a significant increase in Federal funding for programs authorized under the Education of the Handicapped Act; and (2) appropriations made by the 101st Congress to assist States and localities in providing education to children and youth with handicaps should equal at least 15 percent of the national average per pupil expenditure.
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
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
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
Recycling Information Clearinghouse Act of 1989 - Amends the Solid Waste Disposal Act to require the Environmental Protection Agency to establish a clearinghouse for information about the recycling of municipal solid waste, to be administered by the Office of Solid Waste. Requires that the information collected and disseminated to the public by such clearinghouse include: (1) an annual estimate of the volume and rate of recycling of materials from the municipal solid waste stream; (2) an annual estimate of the balance of trade in recycled materials and products; (3) economic data comparing the costs and benefits of recycling various materials from the municipal solid waste stream; (4) a catalog of State and local laws that encourage or require the recycling of materials from the municipal solid waste stream; (5) a list of all purchases of recycled materials or products by the Federal Government, organized by agency and the type of recycled materials or products purchased; (6) a register announcing all solicitations by Federal agencies for the purchase of recycled materials or products; (7) information about state-of-the-art recycling methods, programs, or technologies; and (8) a register of all potential purchasers of recycled materials. Requires that a toll-free telephone hotline be established and made available to those seeking information from the clearinghouse. Provides that, to the extent feasible, such information should be computerized to facilitate its analysis and retrieval. Makes a State ineligible for solid waste disposal assistance after December 31, 1990, unless the State maintains and publicizes a register of potential purchasers of recycled materials known to the State solid waste planning authorities. Requires such register to be periodically updated and submitted to the clearinghouse. Authorizes appropriations for such clearinghouse.
United States · United States Congress · 23 March 1989
Uniform Product Liability Act of 1989 - Governs any product liability action brought in either State or Federal court against a manufacturer or product seller for personal injury, property damage, or commercial loss, superseding State law whenever this Act establishes a rule of law applicable to recovery for the harm in question. Describes the scope of preemption. Authorizes States to develop or implement alternative procedures, standards, or systems not inconsistent with this Act. Denies manufacturer liability for harm caused by an unreasonable or unforeseeable use or alteration of a product or by a danger known to be inherent to the product and incapable of mitigation. Describes conditions under which a manufacturer will not be held liable for harm caused by product design or failure to warn. Describes conditions governing product seller liability, holding a seller liable only if the claimant establishes by a preponderance of the evidence that: (1) the seller's failure to exercise reasonable care with respect to the product was the proximate cause of the harm in question; or (2) the harm was caused by the product's failure to conform to the seller's express warranty. Describes: (1) defenses applicable in product liability cases; (2) the respective liability of codefendants; and (3) standards and limitations to govern awards of punitive damages. Imposes a two-year statute of limitations with respect to product liability actions, with longer periods applicable in cases involving capital goods and aviation accidents. Prescribes coordination requirements in connection with product liability actions that also involve workers' compensation awards. Directs any court in which a product liability action is brought to give the parties the opportunity to engage in nonbinding arbitration with respect to the claim in question. Describes conditions to govern such arbitration.
United States · United States Congress · 23 March 1989
Amends the Internal Revenue Code to allow an income tax deduction for education loan interest accrued by a physician, nurse, or allied health professional while serving in a medically underserved area.
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.
![Official portrait of Rep. Ravenel, Arthur, Jr. [R-SC-1]](https://www.congress.gov/img/member/r000072_200.jpg)