United States · United States Congress · 11 May 1989
Constitutional Amendment - Requires the Congress and the President, prior to each fiscal year, to agree on an estimate of total receipts (except those derived from borrowing) for that fiscal year by enactment of a joint single subject resolution. Prohibits outlays for that year (except those for repayment of debt principal) from exceeding this amount unless the Congress, by a three-fifths roll call vote of each House, authorizes a specific excess of outlays over receipts. Requires a three-fifths roll call vote of each House to increase the public debt. Directs the President to submit a balanced budget to the Congress. Requires the approval of a majority of the total membership of each House by roll call vote before any bill to increase revenue may become law. Waives these provisions when a declaration of war is in effect.
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
Clean Ocean Act of 1989 - Amends the Federal Water Pollution Control Act to make persons responsible for discharges of oil or hazardous substances into navigable waters liable for all removal costs incurred by the United States. Directs the Administrator to revise the National Contingency Plan under such Act to require owners and operators of vessels or facilities to: (1) provide equipment that is adequate to minimize damage, and suitable for responding effectively to, discharges of oil or hazardous substances; (2) provide such equipment in an amount appropriate for the unique features of the environment; (3) have such equipment inspected for certification by the Coast Guard at least every three years; (4) provide response teams for Alaska, the Pacific Northwest, California, the Gulf of Mexico, the Great Lakes, the northeast, mid-, and south Atlantic coasts, and inland waters; (5) ensure that such teams are properly and immediately in use upon receiving notice of any discharge and are engaged in containment and removal activities no later than five hours after receiving such notice; and (6) subject such teams to federally approved training, review, and approval by the agency responsible for administering such team, and periodic drills without prior notice. Authorizes the Administrator to permit owners and operators to engage in cooperative efforts to comply with the Plan. Requires all activities under the Plan to be funded by persons engaged in interstate commerce in the production or transportation of oil or any hazardous substance. Authorizes the Secretary of Transportation to charge a fee for certification inspections. Requires owners and operators to meet the requirements of the revised Plan no later than December 31, 1990. Prescribes civil penalties for violations of this Act. Makes chief executive officers of owners or operators jointly and severally liable for: (1) any fines assessed against such owners or operators; and (2) all costs incurred by the United States for the removal of oil or hazardous substances pursuant to this Act.
United States · United States Congress · 4 May 1989
Amends the Older Americans Act of 1965 to require the Commissioner on Aging to give special consideration to funding demonstration projects providing older individuals with the opportunity to serve as volunteers furnishing long-term care services to nursing home residents.
United States · United States Congress · 4 May 1989
Marine and Coastal Natural Resource Assessment Act - Requires moneys received by the United States for marine and coastal natural resource damage assessment to be retained and used by the Secretary of Commerce for reimbursement of costs and to conduct new damage assessments. Authorizes appropriations.
United States · United States Congress · 4 May 1989
Precludes veterans entitled to benefits under the All-Volunteer Force Educational Assistance Program from receiving other veterans' educational assistance.
United States · United States Congress · 3 May 1989
Cable Consumer Protection Act of 1989 - Amends the Communications Act of 1934 to repeal certain limitations on the authority of a State or local government to regulate the rates for cable television service. Authorizes a State or franchising authority to require the alteration of rates following any change in service by a cable operator (such as the rearrangement of cable service tiers). Requires such State or franchising authority to issue a final decision on such an alteration of rates within 60 days of public notice and opportunity for hearing. Authorizes a State or franchising authority to prohibit the ownership or control of a cable system by a person because of such person's ownership or control of media of mass communications or other media interest, but limits the enforcement of such prohibition to either: (1) granting or denying a renewal of the franchise; or (2) granting or denying an application to transfer ownership or control of the cable system. Amends Federal copyright law with respect to compulsory licensing requirements for the secondary transmission by a State or local franchising authority of a primary transmission made by a broadcast station licensed by the Federal Communications Commission (FCC) to require cable system compliance with certain must-carry requirements. Provides that a cable system complies with the must-carry requirements if the FCC certifies that such cable system: (1) carries, as part of their basic tier of cable service, specified signals of television broadcast stations; and (2) carries each station on the cable channel on which it was carried on July 19, 1985, or on the channel number assigned to such station by the FCC, or on such other cable channel as may be acceptable to the television broadcast station.
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
Amends the Medicare Catastrophic Coverage Act of 1988 to direct the Advisory Committee on Medicare Home Health Claims to evaluate and report to the Congress and to the Administrator of the Health Care Financing Administration by October 1, 1990, on changes in the process for denying claims for home health services under title XVIII (Medicare) of the Social Security Act. Terminates the Commission on October 1, 1990.
United States · United States Congress · 2 May 1989
Precludes veterans entitled to benefits under the All Volunteer Force Educational Assistance Program from receiving other veterans' educational assistance. Terminates other veterans' educational assistance as of June 30, 1993.
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
Prince William Sound Oil Spill Response Act of 1989 - Title I: Oil Spill Prevention and Response - Requires the Secretary of the department in which the Coast Guard is operating, in the event of an unlawful discharge of oil into or upon Arctic waters or adjoining shorelines, to take all necessary actions to remove the oil and mitigate damage to living marine resources. Directs the Secretary to require: (1) tank vessels transporting oil from the Trans-Alaska Pipeline within Prince William Sound to be escorted by at least one towing or other appropriate vessel; (2) the use of an additional pilot licensed by the State of Alaska, for all tank vessels navigating between the Port of Valdez, Alaska, and a certain point in the Sound; (3) tank vessels operating in the Sound to carry equipment and materials sufficient to minimize environmental damage and respond quickly in the event of an oil spill. Directs the Secretary to prepare a plan to modify radar coverage of the Sound. Requires such plan to include construction of new radar sites to cover the Vessel Traffic System within the Sound and a review of existing radar surveillance and maintenance policies. Directs the Secretary to issue regulations for the Sound to: (1) require the prepositioning of oil spill containment and cleanup equipment in the Port of Valdez, the City of Cordova, and other locations within the geographic boundaries of the Sound; (2) require the person in charge of the Port to provide adequate reception facilities for oil removed from the Sound; (3) establish an oil spill response team at appropriate locations in the Sound; and (4) conduct periodic oil spill response exercises and provide training in oil spill containment and recovery techniques for individuals engaged in fish cultivation or production in the Sound. Title II: Sanctions - Amends Federal provisions concerning shipping licenses, certificates of registry, or merchant mariners documents to revoke any such document if the holder: (1) has been convicted of an alcohol-related offense within ten years of a hearing under such provisions; or (2) has been addicted to alcohol, unless the holder provides satisfactory proof that the addiction is controlled. Directs the Secretary to report to the House Committee on Merchant Marine and Fisheries and the Senate Committee on Commerce, Science, and Transportation on the adequacy of civil penalties for violations of laws governing the operation of tank vessels by individuals under the influence of alcohol and any proposed changes to such laws. Title III: Environmental Monitoring and Research and Development in Prince William Sound - Requires the Under Secretary for Oceans and Atmosphere of the Department of Commerce to expend at least $5,000,000 annually out of amounts available for FY 1990 through 1992 to conduct living marine resource damage assessments and to monitor the environmental effects on such resources in Arctic waters due to the Exxon Valdez oil spill in the Sound. Directs the Secretary of Commerce, whenever possible, to recover such sums from the owner or operator of the Exxon Valdez. Requires such sums to be credited to the appropriations of the National Oceanic and Atmospheric Administration. Authorizes appropriations for FY 1990 to: (1) the Coast Guard to conduct research on and develop techniques and systems to respond to oil spills in Arctic waters; and (2) the Maritime Administration to conduct technical and program studies on the safety of tank vessels operating in such waters. Title IV: Plans and Recommendations - Directs the Secretary of the department in which the Coast Guard is operating to report to the House Committee on Merchant Marine and Fisheries and the Senate Committee on Commerce, Science, and Transportation on: (1) actions taken by the Secretary to correct inadequacies of existing contingency plans for the Sound; (2) a list of oil pollution exercises conducted in the Port of Valdez and the Sound during the operation of the Trans-Alaska Pipeline; and (3) recommendations for changes in existing plans or laws to provide prompt response to oil spills and any other matters the Secretary considers important regarding oil spills in the Sound.
United States · United States Congress · 27 April 1989
Plastic Container Identification Act of 1989 - Prescribes labeling requirements for plastic containers in interstate commerce to indicate the type of plastic resin used to produce the container. Imposes criminal penalties for violations.
United States · United States Congress · 26 April 1989
Automated Telephone Solicitation Protection Act of 1989 - Amends the Communications Act of 1934 with respect to automatic telephone dialing devices (telephone terminal equipment with the capacity to store or produce numbers, dial them, and deliver a prerecorded message without manual assistance). Makes it unlawful for any person in interstate or foreign communications to use such device for a telephone solicitation to a telephone customer unless: (1) the recorded message states the name and telephone number of the person initiating the call; (2) the dialer automatically terminates its connection within five seconds after the person called fails to give consent to the recorded message or hangs up his or her telephone; (3) the device does not make calls to any emergency phone numbers; or (4) the device is used only between the hours of 9 a.m. and 5 p.m. States exceptions to such prohibition. States that a $5,000 limitation on certain forfeiture penalties under such Act does not apply to violations of such prohibition. Requires the Federal Communications Commission and the Federal Trade Commission to jointly study and report to the Congress on the practicality and constitutionality of a complete ban on the use of automatic dialing devices to deliver telephone solicitations.
United States · United States Congress · 26 April 1989
Amends the Internal Revenue Code to exclude from gross income any distribution from an individual retirement plan if: (1) the payee has attained age 59 1/2 on or before the date of distribution; and (2) the distribution is used during the taxable year to pay premiums for a long-term health care insurance policy covering necessary diagnostic, preventive, therapeutic, rehabilitative, maintenance, or personal care services for the payee or a spouse meeting the same 59 1/2 year age requirement.
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 · 26 April 1989
Amends the Internal Revenue Code to exclude from the gross income of an individual otherwise taxable amounts derived from the whole or partial surrender, cancellation, or exchange of any life insurance policy if: (1) the individual is age 65 or older on the date of the transaction; and (2) the amounts in question are used to pay premiums for an insurance policy covering at least 12 months of medically necessary nonemergency care for the individual or a spouse meeting the same 65-year age requirement.
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
Tropical Forestry Initiative Act - Requires the Secretary of Agriculture to conduct a research program that focuses on methods to slow or reverse tropical deforestation. Directs the Secretary to enter into a memorandum of understanding with the Secretary of the Interior setting forth the methods by which the Secretary of the Interior will assist in accomplishing the purposes of this Act. Requires the President's proposed budget to the Congress to specifically identify funds to be spent on such research. Authorizes and directs the Secretary to administer an Institute of Tropical Forestry in Puerto Rico to: (1) conduct long-term research that includes the designation and management of units that protect tropical forests, the relationship between the atmosphere and such forests, sustainable economic development and regeneration and restoration of such forests, and the effects of deforestation on various environmental and economic factors; and (2) provide assistance that includes technology transfer from such research, the training of foreign researchers, and the promotion of research by other institutions. Authorizes and directs the Secretary to manage the Caribbean National Forest (also known as the Luquillo Experimental Forest) as a model of tropical forest management for use in international outreach, study, training, and research. Requires the Secretary to construct the necessary training and educational facilities in such forest. Authorizes appropriations.
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 · 18 April 1989
Expresses the sense of the Congress that, in seeking to reduce the Federal deficit, any proposal which would diminish, defer, or otherwise adversely affect periodic cost-of-living adjustments in Federal retirement benefits should be uniformly applied.
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
Drug-Free Housing Act of 1989 - Amends the United States Housing Act of 1937 to make ineligible for public housing assistance, and expedite procedure for evicting, persons involved in drug-related criminal activity.
United States · United States Congress · 12 April 1989
Child Care Assistance Act - Title I: Amendments to the Internal Revenue Code of 1986 - Subtitle A: Young Child Tax Credit - Amends the Internal Revenue Code to establish a new refundable tax credit, the Young Child Tax Credit. Allows families with incomes not exceeding $10,000 the credit of 12 percent of their earned income for one of their children under age five, plus six percent for each of up to two additional children under age five. Sets the maximum credit at $1,000 per year for one qualifying child, $1,500 for two, and $2,000 for three or more. Phases out the credit by reducing it by ten percent of so much of the adjusted gross income (or, if greater, the earned income) as exceeds $10,000. Allows advance payments of the credit. Subtitle B: Incentives for Employer Provided Child Care - Establishes a new business-related tax credit, the Dependent Care Assistance Program Credit. Allows the credit to employers for ten percent of their expenditures for payment or provision of services under a qualified dependent care assistance program for their employees. Directs the Secretary of Labor to: (1) study barriers to employers providing child care services for their employees; and (2) report within 540 days to specified congressional committees on such study, with recommendations on removal of barriers and on incentives for employers to provide such services. Title II: Block Grants to States for Activities Relating to Dependent Care Services - Amends the State Dependent Care Development Grants Act to increase the authorization of appropriations for FY 1990 and to extend it through FY 1992, for grants to States for planning and development of dependent care programs. Revises and expands the authorized uses of allotments of such block grants to States. Requires the Secretary of Health and Human Services to report annually to specified congressional committees on State programs carried out with such block grants. Requires States to submit such reports on their use of grants as the Secretary may require. Changes the short title of such Act to the State Dependent Care Block Grants Act. Title III: Child Care Liability Risk Retention Group - Authorizes any State to assist in the establishment and operation of a child care liability risk retention group (i.e. a corporation or other limited liability association whose members are child care providers licensed or accredited pursuant to State or local law or standards, and which otherwise satisfies specified criteria for risk retention groups). Sets forth State application requirements. Requires State plans to: (1) identify the lead agency designated and responsible for the administration of funds under this part; (2) provide that all participants in the child care liability risk retention group are child care providers who are licensed or accredited pursuant to State or local law or standards; (3) provide for maximum membership of family-based child care providers in the group; (4) provide that the State shall use at least the amount allotted to establish or maintain a liability risk retention group for child care providers; and (5) specify how any such liability risk retention group will continue to be financed after FY 1992, including by contributions by the State or by members of such pool. Directs the Secretary of Health and Human Services to review and approve State plans and to monitor State compliance with requirements of this title. Provides for suspension of payments upon a finding of noncompliance. Authorizes appropriations for FY 1990 to carry out this title and to remain available for assistance to States for FY 1990 through 1992. Directs the Secretary of Commerce to reserve specified portions of such funds for payments to specified U.S. territories and for administrative costs. Directs the Secretary of Commerce to allot the remainder to States on the basis of the number of children under 13 years of age. Permits a portion of such allotments to be used for State administrative costs. Sets forth provisions relating to entitlement, method, and State spending of allotment payments. Title IV: Revolving Loan Fund - Provides assistance for State-established revolving loan funds to enable family-based child care providers to meet accreditation or licensing standards. Requires each applicant State to establish a revolving loan fund, along with specified procedures and guidelines. Authorizes appropriations for FY 1990, to remain available for assistance to States for FY 1990 through 1992. Directs the Secretary to make allotments to States through a formula based on the number of children under 12 years of age.
United States · United States Congress · 11 April 1989
Declares that it is the sense of the Congress that the President should use full authority under specified provisions of the Fisherman's Protective Act of 1967 to prohibit importation of fishery products from each country that has failed to enter into and implement driftnet monitoring and enforcement agreements as provided in specified provisions of the Driftnet Impact Monitoring, Assessment, and Control Act of 1987.
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
Elementary School Improvement Project Act - Directs the Secretary of Education to make demonstration grants to local educational agencies (LEAs) to conduct programs designed to reduce the student-to-teacher ratio in the primary grades of elementary schools. Requires each LEA that receives such a grant to establish and maintain in schools under its jurisdiction an average student-to-teacher ratio of not more than 15 students per teacher, and a maximum ratio of not more than 18 students per teacher. Applies such ratios to: (1) the first grades of such schools for each year for which the grant is received; (2) the second grades for the second and third years of the grant; and (3) the third grades for the third year of the grant. Sets the Federal share of the cost of activities carried out under such a grant at: (1) 90 percent for the first year; (2) 70 percent for the second year; and (3) 50 percent for the third year. Allows the non-Federal share to be in cash or in kind. Authorizes appropriations for FY 1989 and succeeding fiscal years.
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
National Guardianship Rights Act of 1989 - Grants the following rights to allegedly incapacitated individuals with respect to guardianship proceedings: (1) the nonwaivable right of prompt notice that includes specified required contents; (2) the right to a convenient forum; (3) the right to be present at all proceedings, unless disability prevents attendance; (4) the right to counsel; and (5) the right to an independent professional guardianship evaluation team of specified membership to examine the individual, report, and be available for cross examination during the guardianship proceedings. Requires dismissal of the guardianship action if the team determines the individual to be free of any incapacity. Grants the right to a jury in a guardianship proceeding, as well as the right to present evidence, call witnesses, and cross examine. Requires clear and convincing evidence that an individual is incapacitated and that no less restrictive form of intervention is available before a guardianship order may be issued. Discounts age as a basis for determining incapacity. Limits both the scope and duration of transfers of responsibility for the care and protection of an incapacitated person or the management of his or her estate to the minimum necessitated by the particular incapacity. Permits the individual to retain all rights not expressly transferred in the guardianship order. Dissolves the order if its justification ceases to exist. Grants to an incapacitated individual the right to a competent and trained guardian. Prohibits convicted felons from serving as guardians. Permits the right of appeal and the right to a prompt reconsideration of the determination of incapacity, the guardianship order, or the choice of guardian. Requires: (1) guardians to report to the court at least annually on the financial, mental, physical, and personal status of the incapacitated person; and (2) courts to investigate at least annually the well-being of persons protected under their guardianship orders. Directs States to submit to the Attorney General implementation plans indicating compliance with this Act. Describes procedures and timetables associated with these plans, including mandatory sanctions for States that fail to comply. Empowers the Attorney General to make grants to the States to enable compliance with this Act. Enumerates permitted grant uses. Describes application and selection procedures. Authorizes appropriations. Permits States to impose additional or more extensive protections that do not conflict with this Act.
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
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
Targeted Relief Disclosure Resolution of 1989 - Amends rule X of the Rules of the House of Representatives to require each report accompanying each bill or joint resolution of a public character reported by the Committee on Ways and Means to identify: (1) each provision which is intended to provide special benefits with respect to five or fewer taxpayers, transactions, events, items of property, projects, or issuances of bonds; (2) each beneficiary of such provision; (3) the Member of Congress who sponsored the inclusion of each such beneficiary; and (4) an estimate by the Joint Committee on Taxation of the loss in revenues resulting from such provision with respect to each such beneficiary for the fiscal year for which such loss in revenues first occurs and each of the five fiscal years thereafter.
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 · 23 March 1989
Amends title XIX (Medicaid) of the Social Security Act to phase-in, over four years, the requirement that nursing facilities pay nursing personnel at a rate at least equal to the mean rate paid nursing personnel employed outside such facilities.
United States · United States Congress · 23 March 1989
Amends the War Claims Act of 1948 to authorize the Foreign Claims Settlement Commission of the United States to provide for the payment of claims filed by covered World War II underground fighters. Defines a "covered World War II underground fighter" as any individual who: (1) as a member of the U.S. armed forces between December 7, 1941, and August 16, 1945, served as a guerrilla fighter resisting forces hostile to the United States or concealed himself from a hostile force for more than ten days while in danger of capture or after escaping as a prisoner of war; (2) is, or was at death, a U.S. citizen, national, or permanent resident alien; and (3) was never separated from the U.S. armed forces, except under honorable conditions. Provides that the compensation allowed to any covered World War II underground fighter shall be five dollars for each day he served as a guerrilla fighter or concealed himself from hostile forces. Provides that any claim allowed by the Commission shall be certified to the Secretary of the Treasury and paid by such Secretary. Declares that any claim must be filed with the Commission within one year after enactment of this Act. Requires the Commission to complete its determination for any such claim no later than one year after such claim is filed. Authorizes appropriations.
United States · United States Congress · 23 March 1989
Common Sense Budget Act of 1989 - Amends Federal law to require both the President and the Congress to draft a budget based on estimates of current fiscal year spending, proposing increases or decreases based on this level (rather than on an estimated baseline). Amends the Congressional Budget Act of 1974 to require the Congressional Budget Office to use such a current fiscal year baseline in its report to the congressional budget committees, projecting growth for entitlement and discretionary spending based on current fiscal year spending.
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
Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act to disregard support and maintenance furnished in kind in the form of room or rent by a member of an individual's immediate family in determining the income which may be counted against such individual's SSI benefits.
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.
![Official portrait of Rep. Saiki, Patricia [R-HI-1]](https://www.congress.gov/img/member/s000014_200.jpg)