Designating July 2, 1989, as "National Literacy Day".
United States · United States Congress · 18 May 1989
Designates July 2, 1989, as National Literacy Day.
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United States · United States Congress · 18 May 1989
Designates July 2, 1989, as National Literacy Day.
United States · United States Congress · 18 May 1989
Designates September 14, 1989, as National DARE (Drug Abuse Resistance Education) Day.
United States · United States Congress · 18 May 1989
Designates January 7 through January 13, 1990, as National Law Enforcement Training Week.
United States · United States Congress · 18 May 1989
Designates the week beginning June 11, 1989, as National Scleroderma Awareness Week.
United States · United States Congress · 18 May 1989
Expresses the sense of the Congress that the Secretary of State should direct the Agency for International Development to restore the annual contribution of the United States to the United Nations Population Fund.
United States · United States Congress · 17 May 1989
Irrigation Subsidies Reform Act of 1989 - Amends the Agricultural Act of 1949 to prohibit a producer who receives Federal irrigation water at less than full cost from participating in any agricultural price and income support program.
United States · United States Congress · 17 May 1989
Amends the Internal Revenue Code to: (1) extend for three years, through 1992, the investment tax credit in connection with depreciable solar energy property and geothermal property; and (2) permit this credit against the taxpayer's entire regular tax liability and minimum tax liability.
United States · United States Congress · 17 May 1989
Expresses the sense of the House of Representatives that the Commission on the Bicentennial of the United States Constitution and the Secretary of Commerce should observe the U.S. census bicentennial with appropriate ceremonies and activities.
United States · United States Congress · 16 May 1989
Cable Television Consumer Protection Act of 1989 - Amends the Communications Act of 1934 to authorize a cable television franchising authority, in its request for proposals for a franchise, to require: (1) that the cable system carry the signal of any broadcast station if any portion of the area covered by such franchise lies within the local service area of such broadcast station; (2) that the cable systems carry the commercially available video transmissions of the games of any organized professional sports team if any portion of the area covered by such franchise lies within the home territory of such team; or (3) both. Authorizes a franchising authority to modify cable television franchise agreements in effect to impose such requirements, unless the cable operator demonstrates commercial impracticability. Considers the law of any State or franchising authority which imposed such requirements as a consumer protection law consistent with the Communications Act of 1934. Requires the cable franchising authority (currently the cable operator) to set the price, terms, and conditions of the commercial use of cable television channel capacity by a person unaffiliated with a cable franchising authority. Places a ten-year limitation on cable television franchise agreements. Prohibits any cable operator from entering into any agreement with a producer, distributor, or supplier of cable programming which: (1) gives that operator exclusive rights to that programming within the franchise area; or (2) prevents or hinders another multichannel video program distribution system from purchasing or retransmitting that programming. States that nothing in this Act shall prohibit a common carrier from leasing telephone facilities or equipment to any franchising authority, cable operator, or other applicant that is not owned by, controlled by, or under common control with such common carrier.
United States · United States Congress · 16 May 1989
Correctional Alternatives Act of 1989 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Director of the Bureau of Justice Assistance to make grants to States to carry out: (1) projects that demonstrate alternatives to incarcerating individuals who are convicted of nonviolent crimes; and (2) jointly with private entities, vocational educational projects, and job training projects, that are also alternatives to incarcerating such individuals. Sets forth the application procedure for such grants. Authorizes appropriations for FY 1990 through 1993.
United States · United States Congress · 16 May 1989
Requires the joint committee print entitled "The Education Deficit," dated December 14, 1988, to be printed as a House document. Directs that an additional 3,000 copies of such document be printed for the use of the Joint Economic Committee.
United States · United States Congress · 11 May 1989
Clean Air Restoration Act of 1989 - Title I: General Provisions for Nonattainment Areas - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency to publish guidelines for enhanced State monitoring of ozone, oxides of nitrogen, volatile organic compounds (VOCs), carbon monoxide, and particulate matter 10 (PM 10) and for improved inventories of emissions of such substances. Directs the Administrator to establish emissions factors for estimating emissions of such substances from stationary sources which emit less than 25 tons per year of such pollutants. Requires State plan revisions submitted after this Act's enactment for ozone, carbon monoxide, or PM 10 nonattainment areas to provide for the maintenance of the attainment standard for 20 years after such submission. Directs the Administrator to periodically review and revise such plans, as necessary, to insure the maintenance of such standard. Revises the boundaries of ozone and carbon monoxide nonattainment areas which are classified as Extreme or Severe and are located within Metropolitan Statistical Areas (MSA) or Consolidated Metropolitan Statistical Areas (CMSA) to include the entire MSA or CMSA. Authorizes the Administrator to modify nonattainment areas classified as Moderate or serious for ozone, carbon monoxide, or PM 10 to encompass the entire MSA or CMSA if such modification is necessary to attain the air quality standard. Requires permits issued in nonattainment areas for stationary sources to provide for: (1) quarterly reports to the permitting authority on monitoring measures; and (2) annual certifications to such authority demonstrating compliance with such permit. Prohibits the issuance of any permit unless such authority has conducted an on-site inspection of the source or emissions unit. Allows new or modified stationary sources to comply with any offset requirement for increased emissions of any air pollutant by obtaining enforceable emissions reductions of such pollutant from other sources in the same nonattainment area. Requires such reductions to be in effect by the time such sources commence operation and to insure that the total tonnage of increased emissions is offset by a greater reduction in the actual emissions from other area sources. Title II: Provisions Applicable to Ozone Nonattainment Areas - Classifies ozone nonattainment areas as Moderate, Serious, Severe, or Extreme, based upon the percentage by which the air quality standard is exceeded in the area. Authorizes the Administrator to adjust the classification of areas which would be classified in another category if the ozone level in such areas were ten percent greater or less. Requires the Administrator to promulgate special rules for rural nonattainment areas where area sources do not make significant contributions to the ozone concentration in such areas. Directs States with classified ozone nonattainment areas to submit compliance strategies to the Administrator. Requires such strategies to provide for: (1) meeting an initial milestone for emissions reductions; (2) improved monitoring of ozone, oxides of nitrogen, and VOCs; (3) annual statements from owners or operators of stationary sources showing emissions of oxides of nitrogen and VOCs; and (4) annual emissions inventories to be submitted to the Administrator. Waives the requirement for owners or operators of stationary sources which emit less than 25 tons annually of VOCs if the State provides an inventory of emissions of such sources. Applies requirements for State permits with respect to air quality standards to statements for stationary sources which emit 25 tons or more annually of oxides of nitrogen or VOCs. Deems such sources to be major stationary sources. Establishes fees to be collected by States for each ton of emissions of such substances and approval procedures for compliance strategies. Directs the Administrator to publish oxides of nitrogen and VOC emissions reduction targets for Serious, Severe, and Extreme ozone nonattainment areas. Provides for reductions or increases in such targets based upon percentage reductions or increases over a 1988 emissions inventory. Directs the Administrator to publish a VOC emissions reduction milestone for such areas to require a 20 percent reduction in emissions within four years of this Act's enactment based upon the 1988 emissions inventory. Requires additional milestones to be achieved within eight and 12 years of this Act's enactment. Sets forth attainment dates of four, eight, 12, and 16 years, respectively, for Moderate, Serious, Severe, and Extreme areas. Requires State implementation plans for Serious, Severe, and Extreme areas to be revised to include measures for meeting targets and milestones, conforming with compliance strategies, and attaining and maintaining revised ozone standards. Sets forth approval procedures for such plans. Requires the Administrator to audit biennially and, if necessary, revise such plans to assure compliance. Includes specified ratios for offsets of increased emissions by new or modified sources in permit requirements for Moderate areas. Requires compliance strategies or revised implementation plans for Serious and Severe areas to contain a permit program covering the construction and operation of certain new or modified emissions units. Requires certain emissions offsets by the time such units enter operation. Provides that such plans or strategies shall: (1) contain a motor vehicle inspection and maintenance program to reduce in-use emissions of VOCs and oxides of nitrogen in Serious areas; and (2) require the use of fill nozzles in such areas which prevent vapor discharge and vehicle fuel tank overflows on nozzle disconnect. Applies the nozzle requirement only to facilities which sell more than 10,000 gallons of gasoline per month (50,000 gallons per month in the case of certain independent small business gasoline marketers). Waives such requirement when the Administrator determines that onboard emissions control systems are in widespread use throughout the motor vehicle fleet. Requires such plans or strategies to require all buses which are purchased or leased by State or local governments after January 1, 1992, (for which such governments enter into contracts or for which engines are replaced after such date) and which are used for public transportation in Serious areas to be low-emission vehicles using low-emission fuels. Requires permits for the operation of certain existing stationary sources in Serious, Severe, and Extreme areas. Requires such strategies or plans to establish a schedule requiring at least 30 percent of the new motor vehicles registered in Severe areas by 1998 to be low-emission vehicles using low-emission fuels. Prohibits the use of an emissions reduction trading program to comply with the reasonably available control technology requirement applicable to such sources under the Clean Air Act. Requires tanks used for motor vehicle liquid fuel storage in such areas to be capable of storing methanol. Prohibits the use of Federal funds for transportation planning in such areas unless the Administrator determines that such planning uses all available techniques for reducing aggregate vehicle emissions. Requires all new motor vehicles owned or operated by persons owning or operating 15 or more vehicles in a Severe area after 1992 to be low-emission vehicles using low-emission fuels. Provides that compliance strategies and State implementation plans for Extreme areas shall contain the same requirements as those for Severe areas. Provides that, eight years after this Act's enactment, each electric utility and industrial and commercial boiler emitting more than 25 tons annually of oxides of nitrogen in such areas shall: (1) burn natural gas, methanol, or ethanol (or a comparably low polluting fuel) as a primary fuel; or (2) use advance control technology for reduction of such emissions. Establishes a schedule for increasing in annual increments the percentage of new motor vehicles registered in such areas which are low-emission vehicles. Requires all model year 2000 vehicles to be low-emission vehicles. Authorizes the establishment of traffic control measures during heavy traffic hours to reduce the use of high polluting vehicles in such areas. Allows an Extreme area to apply for a four-year extension of the attainment date. Directs the Administrator to grant such extension if the area is reasonably expected to meet minimum emissions reduction targets and the implementation plan is adequate to meet the attainment standard by the extended date. Sets forth procedures to be applied in the case of noncompliance with plan and compliance strategy requirements, including emissions offsets for new or modified stationary sources or emissions units at a ratio of three to one and a prohibition on the approval of, or awarding of Federal funds for, highway projects in non-complying areas. Sets forth deadlines for States to demonstrate that all measures in compliance strategies have been implemented and that milestones have been met. Provides for reclassification of areas or the implementation of additional measures, including economic incentive programs in Severe and Extreme areas, if a State fails to meet emissions reduction milestones or to submit a demonstration. Directs the Administrator to establish guidelines for such programs. Sets forth administrative procedures for making determinations, including provisional determinations, of attainment of air quality standards during a three-year period. Directs the Administrator to reclassify Moderate, Serious, or Severe areas which fail to meet attainment deadlines into the next, more stringent, category. Requires States with Extreme areas failing to meet such deadlines to submit plan revisions providing for: (1) emissions offsets at a ratio of three to one for new or modified sources or emissions units in such areas; and (2) an economic incentives program to aid in reducing the total tonnage of VOC and oxides of nitrogen emissions by at least five percent annually prior to attainment of the standard. Establishes an ozone transport region comprised of coastal States on the east coast between Maine and Maryland and the CMSA including the District of Columbia. Authorizes the creation of additional regions, as necessary. Directs the Administrator to establish an ozone transport commission for each region. Requires each State within a region to submit to the Administrator a revised implementation plan which requires compliance with emission levels as if the region were classified as a Serious area for ozone. Exempts regions within a State that do not contribute significantly to ozone concentrations in Serious, Severe, or Extreme areas. Permits States or subdivisions to petition the Administrator for the inclusion of another State or portion of a State within an ozone transport region. Requires the Administrator to develop criteria for determining transboundary pollution for ozone. Authorizes the Administrator to pay up to 100 percent of the program costs of such commissions for two years. Directs the Administrator to: (1) list all categories of commercial and consumer solvents, architectural and other surface coatings, pesticide applications, traffic coatings, and military specification coatings which release significant evaporative emissions of VOCs; and (2) promulgate standards biennially, for eight years, to reduce emissions from the highest priority group of such substances to the lowest feasible emissions rate. Requires the Administrator to publish a list of the 12 categories of stationary sources for which control technologies have not been published and which make the most significant contribution to the formation of ozone air pollution. Directs the Administrator to publish guidance for such sources, including guidelines for monitoring emissions of VOCs and oxides of nitrogen, and review and, if necessary, update such guidelines. Requires owners or operators of sources emitting ten tons or more of VOCs annually to reduce such emissions by a specified percentage if guidance for such source has not been published. Directs the Administrator to publish a control technology document regarding control of VOC emissions from the loading of petroleum products on or off of vessels. Provides that such emissions shall be considered to be direct emissions of the onshore terminal. Title III: Provisions Applicable to Carbon Monoxide Nonattainment Areas - Classifies carbon monoxide nonattainment areas as Moderate, Serious, or Severe. Authorizes the Administrator to adjust such classifications under conditions parallel to those for ozone nonattainment areas. Requires the Administrator to publish carbon monoxide concentration milestones for Serious and Severe areas to be achieved within four and eight years of this Act's enactment, respectively. Sets forth attainment dates of four, eight, and twelve years, respectively, for Moderate, Serious, and Severe areas. Sets forth requirements parallel to those for ozone nonattainment areas for State plan revisions, content, approval, and auditing. Requires plans for Serious and Severe areas to include: (1) motor vehicle inspection and maintenance programs to reduce in-use carbon monoxide emissions; and (2) provisions requiring the use of oxygenated fuels for all gasoline-powered motor vehicles during periods identified as having carbon monoxide concentrations potentially in excess of air quality standards. Directs the Administrator to promulgate guidelines allowing the use of marketable oxygen credits from fuels with higher oxygen contents than required to offset the sale or use of fuels with lower contents than required. Waives the oxygenated fuel requirement upon a demonstration that the use of such fuels would prevent or interfere with an area's attainment of a standard for any other air pollutant. Requires persons selling oxygenated fuel to label the fuel dispensing system accordingly. Sets forth requirements parallel to those for ozone nonattainment areas for: (1) permit programs and emissions offsets in Severe areas; (2) persons owning or operating more than 15 vehicles in such areas; and (3) funding for transportation planning. Provides for a $5 per vehicle annual registration fee in such areas. Makes registration revenues available to the State air pollution control agency for developing carbon monoxide emissions reduction strategies. Sets forth requirements parallel to those for ozone nonattainment areas for noncompliance procedures and State demonstrations. Provides for the implementation of an incentives program to reduce vehicle miles traveled in Severe areas if milestones or demonstration requirements have not been met. Provides for reclassification and plan revision procedures parallel to those required for Severe and Extreme ozone nonattainment areas. Title IV: Provisions Applicable to PM 10 Nonattainment Areas - Classifies PM 10 nonattainment areas as Serious or Severe. Sets forth attainment dates of four and eight years after this Act's enactment, respectively, for Serious and Severe areas. Directs the Administrator to publish PM 10 concentration milestones for Severe areas to require a 50 percent reduction in concentrations within four years of this Act's enactment. Sets forth requirements parallel to those for ozone and carbon monoxide nonattainment areas for: (1) State plan revisions, content, approval, and auditing; and (2) permit programs for Serious and Severe areas. Requires permits for the operation of: (1) certain existing sources in Severe areas; and (2) new, modified, and existing sources of PM 10 precursors where such emissions contribute significantly to PM 10 concentrations in nonattainment areas. Sets forth requirements parallel to those for ozone and carbon monoxide nonattainment areas for noncompliance, State demonstrations, reclassifications, and plan revisions. Allows States which have submitted plan revisions for Severe areas to apply for a two-year extension of the attainment date. Provides that three to one offset requirements shall not apply to areas granted such extensions. Waives any PM 10 requirements if determined that anthropogenic sources of PM 10 do not contribute significantly to the violation of the PM 10 standard in the area. Directs the Administrator to: (1) list all important categories of PM 10 emissions and precursors; and (2) publish biennial guidelines concerning the best available control technology for PM 10 emissions from stationary sources in the highest priority group. Requires the Administrator to promulgate regulations for PM 10 emissions reduction from existing diesel buses in Severe areas to require the use of lower polluting fuels. Requires State plans to include annual PM 10 emissions inventories to be submitted to the Administrator. Provides for revisions of such plans if air quality standards are modified. Requires plans to contain measures to improve the ambient monitoring of PM 10. Title V: Mobile Sources - Sets standards for emissions of hydrocarbons, oxides of nitrogen, carbon monoxide, and particulates from: (1) passenger cars and light duty trucks manufactured after 1991; and (2) heavy duty trucks and buses manufactured after 1990. Directs the Administrator to promulgate standards for vehicles using low-emissions fuel. Requires the Administrator to evaluate and, if necessary, revise such standards at least every four years. Directs the Administrator to establish a minimum percentage of new motor vehicles to be certified as low-emissions vehicles. Requires the Administrator to promulgate emissions standards for internal combustion engines used in any vehicle or machine manufactured after January 1, 1993. Requires such standards to be proportional to those for motor vehicle engines of comparable horsepower using the same fuel. Directs the Administrator to add an idle test to the Federal Test Procedure for emissions from light duty vehicles manufactured after 1991. Permits only ten percent of vehicles manufactured after 1990 in a selective enforcement audit to fail motor vehicle testing. Requires the Administrator to review and revise, as necessary, testing regulations to insure that vehicles are tested under circumstances reflecting actual current driving conditions. Requires each vehicle and engine to comply with the applicable emissions standard (Current law permits averaging). Provides that the useful life of vehicles and engines manufactured after 1994 shall be ten years or 100,000 miles. Makes technical amendments to prohibitions on tampering with vehicle emission control devices. Directs the Administrator to require the use of best available technology to control evaporative emissions from motor vehicles for a vehicle's useful life. Sets standards for emission of hydrocarbons, carbon monoxide, and evaporative hydrocarbons from motorcycles manufactured after 1991. Requires the installation of onboard emission diagnostic equipment on motor vehicles. Directs the Administrator to: (1) promulgate regulations to reduce evaporative emissions from motor vehicle fuels; and (2) establish a standard for gasoline volatility. Requires new light duty motor vehicles manufactured in the second year after standards are promulgated to be equipped with onboard evaporative emissions control systems. Provides for carbon monoxide emissions testing at 20 degrees Fahrenheit of passenger cars and light duty trucks manufactured after model year 1992. Sets emissions standards at such temperature. Title VI: Miscellaneous Provisions - Requires the Administrator to establish requirements to control air pollution from Outer Continental Shelf sources. Authorizes States adjacent to such sources to submit to the Administrator procedures for enforcing such requirements. Directs the Administrator to delegate enforcement authority to States with adequate procedures. Authorizes the Administrator to substitute maximum allowable increases in particulate matter smaller than or equal to ten micrometers (PM 10) for maximum allowable increases in such matter specified under the Clean Air Act. Authorizes the Administrator to: (1) treat Indian tribes as States under the Clean Air Act; (2) delegate to such tribes primary responsibility for assuring air pollution control; and (3) provide such tribes grant and contract assistance to carry out such functions. Outlines requirements for such authorization. Authorizes the Administrator to promulgate other means for administering such authorities where such treatment is inappropriate. Directs the Administrator to list nonattainment areas for air pollutants other than those covered by this Act when a new or revised air quality standard is promulgated. Applies the PM 10 standards, excepting attainment deadlines and provisions relating to diesel buses, to such areas. Requires the Administrator to make information regarding emissions control technology available to States and the public through a central database. Repeals provisions concerning enforcement orders and violations by owners or operators of major stationary sources. Requires States to submit plan revisions for nonattainment areas failing to meet attainment deadlines for air pollutants other than those covered by this Act. Requires new or modified sources of such pollutants to comply with provisions of this Act and applies an emissions offset ratio of three to one to such pollutants. Directs the Administrator to conduct biennial audits of motor vehicle inspection and maintenance programs in Severe or Extreme ozone or carbon monoxide nonattainment areas. Increases and expands the scope of penalties and violations of the Clean Air Act. Authorizes appropriations for FY 1990 through 1994.
United States · United States Congress · 11 May 1989
Low-Income Housing Credit Act of 1989 - Amends the Internal Revenue Code to make permanent the low-income housing income tax credit (under current law the credit will expire after tax year 1989). Permits States a one-year carryover of unused credit authority. Assigns carryovers to the Secretary of Housing and Urban Development to allocate to eligible States applying for excess credit. Allows the credit only if an extended low-income housing commitment (beyond the current 15-year period) is in effect with respect to any building for the relevant taxable year. Describes procedures to effect transition to a non-low-income use in connection with such extensions. Permits the credit in connection with the acquisition of an existing building only if the taxpayer incurs rehabilitation expenditures of at least $3,000 per unit. Revises rent restrictions to: (1) declare unnecessary a required rent reduction below the initial rent if the median gross income of the area decreases; (2) permit higher rent if units are occupied by higher income individuals and the project has an operating deficit; (3) base income limitations on the number of bedrooms in a unit; and (4) use State median gross income in certain low-income housing status determinations. Broadens categories of existing buildings eligible for a waiver of the ten-year requirement for the low-income housing credit. Revises credit provisions relating to single-room occupancy units and special needs housing. Loosens restrictions that limit credit benefits in connection with buildings financed with tax-exempt bonds and below market loans. Permits the credit to be allocated: (1) on a project basis; and (2) in connection with owner-occupied buildings of four units or less if a development plan is submitted. Directs housing credit agencies to adopt plans for allocating credit amounts among projects, prohibiting the credit with respect to any building not included in such a plan. Modifies at-risk rules in connection with buildings subject to the historic rehabilitation credit and those associated with financing provided by certain nonprofit organizations. Sets the tax credit rate on a semiannual rather than monthly basis. Increases the credit in connection with buildings in high cost areas (low-income census tracts or difficult development areas).
United States · United States Congress · 11 May 1989
Designates October 16, 1989, and October 16, 1990, as World Food Day.
United States · United States Congress · 10 May 1989
Recognizes the two centuries of service by the U.S. Coast Guard.
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
Science, Engineering, and Mathematics Educator Award Act - Requires the Director of the National Science Foundation to establish a Science, Engineering, and Mathematics Educator Award program. Provides that each award shall be for three years. Provides that academic institutions shall nominate science faculty members with significant commitments to undergraduate education. Requires a merit review process with certain selection criteria for such awards. Earmarks a majority of awards for traditional sciences. Requires consideration of proposals focusing: (1) on science education for all Americans or for traditionally underrepresented groups; and (2) on projects combining science and the humanities, or several institutions, or involving industry. Encourages award recipients to develop curricular materials with a broad impact on undergraduate science education. Authorizes appropriations for FY 1990 and subsequent fiscal years.
United States · United States Congress · 4 May 1989
Hazardous Materials Rail Safety Act - Amends the Hazardous Materials Transportation Act to direct the Secretary of Transportation to issue regulations regarding emergency response procedures for rail carriers in accident or emergency situations involving the transportation and storage of hazardous materials. Prohibits railroad tank cars from being used in commercial hazardous materials transportation unless they comply with standards for attachments imposed by the Secretary. Directs the Secretary to enter into a contract with the National Academy of Sciences for a study of railroad tank car design and to report the results of such study to the Congress. Authorizes appropriations.
United States · United States Congress · 4 May 1989
Authorizes the President, on behalf of the Congress, to present a gold medal to George Mantello in recognition of his efforts to save the lives of thousands of Jews and other Europeans from extermination during the Holocaust. Authorizes appropriations. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal.
United States · United States Congress · 4 May 1989
Expresses the sense of the Congress that the Vatican should grant recognition to and establish diplomatic relations with Israel.
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 · 3 May 1989
Designates the Labor Day weekend beginning on September 2, 1989, as National Drive for Life Weekend. Calls on people to observe that weekend with a pledge to not drink and drive.
United States · United States Congress · 2 May 1989
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
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 · 27 April 1989
Prohibits the United States from making any voluntary or assessed contributions to the United Nations or any of its affiliated organizations if such entity grants full membership as a state to any organization or group that does not have the internationally recognized attributes of statehood.
United States · United States Congress · 27 April 1989
Inter-American Scientific Cooperation Act of 1989 - Requires the National Science Foundation to establish the Inter-American Scientific Cooperation Program to increase the level of science and technology cooperation between the United States and Latin America. Requires the Program to identify and cooperate with private and governmental funding bodies, both in Latin America and in the United States, which will bear a share of the financing of cooperative projects. Sets forth required Program elements, including establishment of an Inter-American Scientific Educational Development Fund. Sets forth required Fund activities, including graduate and post-doctoral fellowships in science and technology. Authorizes appropriations for FY 1990 and 1991.
United States · United States Congress · 27 April 1989
Urban and Community Forestry Act of 1989 - Directs the Secretary of Agriculture to submit an urban and community forestry report to the Congress. Amends the Cooperative Forestry Assistance Act to provide for an expanded urban forestry education and technical assistance program. Directs the Secretary to: (1) establish an urban and community forestry matching grant program; (2) make plants available to urban areas and assist in their selection, planting, and maintenance; and (3) establish a National Urban and Community Forestry Advisory Council which shall prepare a national urban and community forestry action plan for the Secretary and the Congress. Authorizes FY 1990 through 1999 appropriations.
United States · United States Congress · 26 April 1989
Emergency Nurse Shortage Relief Act of 1989 - Amends title VIII (Nurse Education) of the Public Health Service Act to authorize the Secretary of Health and Human Services to make grants for programs to: (1) promote nursing as a career, including promotion in public secondary schools; (2) identify and provide internships to students in such schools who show an interest in health care; and (3) recruit nursing students from groups not traditionally well represented in the profession. Authorizes appropriations. Authorizes the Secretary to make grants for programs to: (1) encourage and assist non-practicing nurses to reenter the profession; (2) train nurses as nurse practitioners or nurse midwives or in areas of needed specialized nursing skills; and (3) provide tuition assistance to students in educational programs designed to facilitate reentry. Authorizes appropriations. Authorizes the Secretary to make grants for programs to: (1) increase the attractiveness of nursing as a career through changes in wage structures, employment options and benefits, and the role of nurses in health care facilities; and (2) demonstrate innovative methods of providing for career advancement and encourage nurses and nurse assistants to continue nursing education. Authorizes appropriations. Authorizes the Secretary, subject to appropriations, to establish a program to insure educational loans to individuals with a degree as a registered nurse for educational expenses related to training nurses as nurse practitioners or nurse midwives or in areas of needed specialized nursing skills. Makes provisions of the Federal Program of Insured Loans to Graduate Students in Health Professions Schools, established by current law in the Public Health Service Act, apply to this program except as inconsistent. Authorizes the Secretary, subject to appropriations, to enter into agreements with eligible individuals to assist in repaying specified amounts of their eligible educational loans. Sets forth criteria for an individual to be eligible to receive assistance, including a requirement that the individual agree to work full-time as a registered nurse in a nursing crisis area. Sets forth a schedule for loan repayment by the Secretary to the holder of the loans based on the number of years of work completed as agreed. Amends the Internal Revenue Code to allow C corporations a tax credit for 20 percent of the amount paid or incurred as qualified nursing scholarships. Directs the Attorney General to extend for at least one additional year the status of nonimmigrant alien for those aliens admitted under specified provisions of the Immigration and Nationality Act who perform services as registered nurses in a nursing crisis area, provided the Secretary of Labor has certified that the continuing employment of the aliens will not adversely affect the wages and working conditions of U.S. registered nurses. Amends title VIII (Nurse Education) of the Public Health Service Act to direct the Secretary of Health and Human Services to designate areas that have: (1) a severe shortage in the number of nurses as nursing crisis areas; and (2) a shortage of practicing nurses with specialized nursing skills as areas of needed specialized nursing skills. Directs the Secretary to review and, if necessary, redesignate such areas at least annually.
United States · United States Congress · 26 April 1989
Mandates that each State, by December 31, 1990, have in effect laws and regulations requiring any health insurance policy issued within the State to provide certain minimum coverage for drug and alcohol abuse treatment. Requires such rules and regulations to meet minimum Federal standards established by the Secretary of Health and Human Services. Directs the Secretary: (1) within 90 days after enactment of this Act, to establish such standards; and (2) within 90 days after establishment of such standards, to review the laws and regulations of each State. Makes the Federal standards effective in any State which does not have in effect such laws and regulations by December 31, 1990.
United States · United States Congress · 25 April 1989
Renewable Energy Trade Equity and Promotion Act of 1989 - Requires the United States Trade Representative to submit to the Congress a report on: (1) the extent to which countries impose protective tariffs and other requirements on renewable energy products or services; (2) a description by country of such tariffs and requirements; and (3) the need for the imposition of reciprocal tariffs by the United States if such tariffs are not removed. Amends the Foreign Assistance Act of 1961 to include under the special projects and programs of the Overseas Private Investment Corporation the initiation of incentives, grants, and studies for renewable energy and other small business activities. Prohibits the use of administrative funds for such activities. Amends the Export-Import Bank Act of 1945 and the Small Business Act to provide that in order to encourage the development of markets for U.S. renewable energy and related services industries, the Export-Import Bank and the Administrator of the Small Business Administration shall attempt to provide, in each fiscal year, loans, including loans to small businesses, for the promotion of renewable energy technology for export in an aggregate amount of at least five percent of the aggregate amount of loans provided in the previous fiscal year for all forms of energy technology. Amends the Foreign Assistance Act of 1961 to include feasibility studies for renewable energy projects as an authorized purpose with respect to the provision by the President of financial assistance for the development of indigenous energy resources of developing countries. Requires the agency responsible for administering such assistance to develop an information exchange with the renewable energy industry in the United States in order to facilitate the use of renewable energy equipment in developing countries. Amends the Energy Policy and Conservation Act to make potential end users, including other industry sectors (such as health care, rural development, communications, and refrigeration) in foreign countries eligible to receive technical information about the domestic renewable energy industry and related service industries. Establishes a program to provide information concerning export financing opportunities to such domestic industries. Requires an interagency working group to establish a program to inform other countries of the benefits of policies that would allow small facilities which produce renewable energy to compete with producers of energy from nonrenewable sources. Authorizes appropriations to such group for FY 1990. Requires the Secretary of the Treasury to instruct the Executive Directors of the International Monetary Fund and the Inter-American Development Bank to urge such institutions to: (1) provide financing for renewable energy purposes; (2) submit to recipient countries plans for renewable energy development; and (3) appoint an officer to facilitate the use of renewable energy technologies in such countries. Amends the Foreign Assistance Act of 1961 to include renewable energy equipment as a "defense article" for purposes of military assistance programs.
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
Authorizes and directs the President to call on representatives of the broadcasting industry, in cooperation with public health organizations, to provide free air time to private and government organizations for antismoking public service announcements which educate the public about the dangers of cigarette smoking.
United States · United States Congress · 25 April 1989
Designates October 22 through October 28, 1989, as World Population Awareness Week.
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
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
Supports the application of the Greater Buffalo Athletic Corporation to have Buffalo, New York, host the 1993 summer World University Games.
United States · United States Congress · 18 April 1989
Provides for the appointment of a delegation of Members of Congress to participate in ceremonies to be held in New York City in April 1989 commemorating the 200th anniversaries of: (1) the implementation of the Constitution as the form of government of the United States; (2) the inauguration of George Washington as the first President; (3) the proposal of the Bill of Rights as the first ten amendments to the Constitution; and (4) the convening of the first Congress. Invites the President to join the delegation in participating in the ceremonies. Requires the specific planning of the ceremonies to be coordinated directly with the Historian of the Senate and the Historian of the House of Representatives.
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
Prohibits U.S. military or security assistance to Zaire under the Arms Export Control Act or the Foreign Assistance Act of 1961. Limits U.S. economic assistance to Zaire under the Foreign Assistance Act of 1961 and the Agricultural Trade Development and Assistance Act of 1954 to assistance that benefits the majority, is for humanitarian purposes, and is channeled through private and voluntary organizations. Authorizes the President to suspend or modify any prohibition or limitation under this Act 30 days after the President determines, and notifies specified congressional committees, that the Government of Zaire has made progress towards fulfilling certain human and political rights. Requires the U.S. representatives to international financial institutions to raise the issues of human rights violations and misuse of funds in Zaire.
United States · United States Congress · 13 April 1989
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
Authorizes the Raoul Wallenberg Tribute Committee to establish a work to honor Raoul Wallenberg on Federal land in the District of Columbia or its environs. Prohibits the United States from paying any expense of the establishment of the work.
United States · United States Congress · 13 April 1989
Designates the week of September 24, 1989, as Religious Freedom Week.
United States · United States Congress · 12 April 1989
Basic Health Benefits for All Americans Act - Title I: Amendments to Public Health Service Act - Amends the Public Health Service Act to add provisions which require each employer to enroll each of its employees and their families in a health benefit plan. Makes State and local employers which do not so enroll their employees and their families ineligible to receive grants, contracts, loans, or loan guarantees under such Act. Title II: Amendments to Fair Labor Standards Act of 1938 and Employee Retirement Income Security Act of 1974 - Amends the Fair Labor Standards Act of 1938 to add provisions which require each employer to enroll each of its employees and their families in a health benefit plan. Amends the Employee Retirement Income Security Act of 1974 (ERISA) regarding supersedure of State laws relating to contracts or policies of insurance issued to or under a health benefit plan under title III of this Act. Title III: Requirements for Health Benefit Plans for Employees and Their Families - Subtitle A: Requirement and Definitions - Applies this title to employers required to enroll employees in health benefit plans under certain provisions of the Public Health Service Act or the Fair Labor Standards Act of 1938. Requires each small and certain large employers to use a regional insurer, subject to certain exceptions and conditions. Requires that enrollment of an employee in a health benefit plan under this title includes enrollment of the employee's family in the plan. Prohibits the employee from waiving personal or family enrollment. Provides exceptions: (1) to avoid duplicate family coverage; and (2) in the case of multiple employers. Prohibits employers from discriminating against any individual because such individual has a spouse or child required under this title to be enrolled in a health benefit plan. Subtitle B: Requirements for Health Benefit Plans - Sets forth general requirements for plans. Permits a health benefit plan to be considered as meeting such requirements provided the actuarial benefits under the plan are not less than would have applied if the plan met the requirements of this subtitle. Sets forth minimum requirements, including a limit on out-of-pocket expenses. Mandates inclusion of certain mental health benefits. Directs the Secretary of Health and Human Services to: (1) establish an advisory board to advise the Secretary on development of actuarial equivalency standards; and (2) publish, at least three months before the effective date of this Act, a table of actuarial equivalency describing as many variations as feasible. Declares a plan using variations not included in the table to be in compliance with this Act if it meets certain requirements. Directs the Secretary to establish streamlined procedures regarding employers with multiple plans. Allows new small businesses to use a tailored health benefit plan, as defined in this title. Specifies benefits which a plan must provide, including inpatient and outpatient hospital care and physician services, tests, prenatal and well-baby care, and inpatient and outpatient care for mental disorders. Prohibits placing limits on the amount, scope, or duration of benefits for hospital care, physician services, or tests, but allows plan limits on prenatal and well-baby care under regulations prescribed by the Secretary. Declares that nothing in this Act: (1) prohibits a health plan from providing benefits through a panel or other form of managed care system or establishing a different level of payments for reimbursement for different health care providers furnishing benefits; or (2) requires a plan to use a provider to provide benefits provided before the effective date of this Act other than the providers being utilized by the plan on that date or make payments to any provider that is excluded from participation in any Federal health care program. Allows an insurer to establish a fee schedule or other basis of payment that is different from actual charges if the schedule meets certain requirements. Specifies requirements regarding the date of initial coverage. Prohibits pre-existing condition provisions. Provides special requirements regarding certain part-time employees. Allows a plan to require an employee to pay for premiums, deductibles, copayments, and coinsurance not to exceed certain limits. Provides for adjustments for covered spouses with other coverage and for employed retirees. Requires each employer with an employee whose hourly wage is less than a specified amount to offer each such employee at least one plan that does not require a premium for the employee. Prohibits State laws from preventing employers from using payroll withholding for premiums due by employees. Sets forth special rules for the calculation of premiums for part-time employees. Sets limitations on: (1) deductibles, to be increased for increases in the consumer price index; (2) copayments and coinsurance, subject to exception; and (3) out-of-pocket expenses. Subtitle C: Certification of Regional Insurers - Directs the Secretary of Health and Human Services (Secretary) to designate six to eight health insurance regions and to establish procedures for the periodic certification of insurers for each region. Sets forth certification eligibility requirements. Specifies requirements for application for and consideration of applications for such certification. Directs the Secretary to periodically evaluate the performance of regional insurers and, under certain circumstances, allows the Secretary to terminate the certification of the insurer. Allows the Secretary, if the Secretary determines that there is a failure of competition among regional insurers in the region and that other conditions are met, to restrict certification, based on a competitive bidding or other system, to those qualified insurers which offer plans at lower rates. Sets forth requirements regarding the types of plans each regional insurer must offer. Requires each regional insurer to fix premiums under a community rating system. Prohibits adjustment of such premiums based on age, gender, other factors relating to the projected or actual use of services, or, subject to exception, on geographical location within the region. Permits regional insurers to enter into subcontracts. Directs the Secretary to encourage regional insurers to enter into arrangements with entities representing groups of small businesses for the provision of administrative services. Requires such insurers to reduce the premiums charged by an amount which reflects the value of such services. Directs the Secretary to provide technical assistance to employers, utilizing to the maximum extent feasible entities with experience in providing health insurance services to small businesses. Subtitle D: Regulations and Enforcement - Directs the Secretary to promulgate rules to carry out this title by specified deadlines. Provides for civil penalties for any nongovernmental employer who does not comply with certain provisions of this Act. Makes nongovernmental employers who knowingly fail to comply with certain provisions of this Act liable for damages, including health care costs incurred, to the employee or the employee's family. Allows any individual injured, adversely affected, or aggrieved by violation of certain requirements of this Act to bring an action for injunctive relief. Subtitle E: Small Business Subsidy - Directs the Secretary of Labor to provide for payment to a small employer, whose compliance cost exceeded a specified percentage of the employer's gross revenues, of 75 percent of such excess. Allows adjustments for industries for which the specified percentage is not an appropriate measure of the financial burden of providing the insurance. Title IV: Assuring Provision of Health Benefits to Under-Poverty, Near-Poverty, and Other Individuals - Amends title XIX (Medicaid) of the Social Security Act to state that any plan approved under the title: (1) must offer, starting in 1991, benefits to under-poverty individuals; (2) may offer, starting in 1991, and must offer, starting in 1996, benefits to near-poverty individuals; and (3) may offer, starting in 1996, and must offer, starting in 1999, benefits to all other individuals not covered under a health benefit plan under title III of this Act. Requires the benefits under the State benefits program to be the same as required of health benefit plans under such title plus coverage for items and services relating to early and periodic screening and diagnosis of children under the age of 21. Prohibits the benefits from including any other items or services. Prohibits the imposition of premiums, deductibles, copayments, or cost-sharing on under-poverty individuals. Allows such features, subject to limitations, for near-poverty and other covered individuals. Makes an individual who is enrolled in a health benefit plan under title III of this Act ineligible for benefits under a State benefits program, but requires or permits a State program to pay part or all of the premiums, deductibles, and other cost-sharing imposed by a title III plan on an individual who is under or near poverty. Allows a State to require an under-poverty or near-poverty individual who is eligible for but not required to be enrolled in a health benefit plan to enroll in the plan, but only if the individual's premiums and out-of-pocket expenses will be no greater than if the individual had not been required to enroll. Requires the State to determine the eligibility of an individual within 30 days of application. Provides for enrollment periods and effective dates of coverage. Declares that an individual who is determined in a month to be eligible must remain eligible for not less than six months. Requires reimbursement for physician services furnished on or after January 1, 1991, and other items and services furnished on or after January 1, 1996, to be made at rates that are not less than the rates recognized for payment of such items and services under title XVIII (Medicare) of the Social Security Act. Directs the Secretary of Health and Human Services to provide for utilization and quality control peer review organizations under Part B (Peer Review) of such title. Requires the use of such clinical practice guidelines as the Secretary may develop in determining whether items and services are medically necessary. Prohibits a State from providing benefits through a plan that restricts the provider from whom an individual may obtain items and services unless the plan meets certain requirements. Requires each State to administer its benefits program, unless the State elects to have the Secretary do so and pays for such services. Specifies provisions of title XIX (Medicaid) of the Social Security Act which do not apply to the provisions of this title, including those relating to general comparability, payment rules, cost-sharing rules, general retroactive eligibility, transition rules, the State 209(b) section option, income limits, and lien provisions. Provides for the manner in which other specified provisions of such title shall be applied to the provisions of this title. Requires States that are operating under demonstration projects to meet the requirements of this title in the same manner as if the State had in effect a Medicaid plan. Applies this title only to the 50 States and the District of Columbia. Amends title XIX to declare that, notwithstanding any other Medicaid provision, with respect to benefits described in this title, effective January 1, 1991, the State Medicaid plan may not impose any limitations on the amount, duration, or scope for individuals eligible for Medicaid benefits who are not described in specified provisions of this title. Requires State Medicaid plans to provide for payment for items and services provided under this title on or after specified dates based on rates that are not less than the rates recognized under title XVIII (Medicare) of the Social Security Act. Authorizes a State Medicaid plan, at the State's option and notwithstanding any other Medicaid provision, to make medical assistance available with respect to prescribed drugs to individuals eligible to receive benefits under this title, provided other requirements are met. Title V: Effective Date for Titles I through III - Provides for the effective dates of titles I through III of this Act and transition rules for certain circumstances. Declares that no employer will be required under title III of this Act to provide any health benefit in addition to the benefits required to be provided by specified provisions of this Act unless: (1) such additional benefit is for a service which State Medicaid plans (under title XIX of the Social Security Act) are required to cover for certain individuals; and (2) before the enactment of such requirement, the benefits and costs of requiring the provision of such additional health benefit have been analyzed and considered by the Congress, according to certain procedures.
United States · United States Congress · 12 April 1989
Recycling Act - Amends the Solid Waste Disposal Act to require all paper and paper products procured by Federal and State agencies and certain businesses under contract with Federal agencies to be composed of the highest percentage practicable of recovered materials. Requires the Administrator of the Environmental Protection Agency (EPA) to prepare guidelines for the implementation of such requirement. Requires each procuring agency that enters into a construction contract to give preference to the contractor that proposes to use the highest percentage of recovered materials in carrying out such contract, provided that such materials are of a reasonable price. Directs the Administrator to prepare guidelines to include minimum content standards for at least five items used in construction contracts that can be produced with recovered materials. Requires the Administrator to issue annual guidelines that specify standards for five additional items that may or may not be used in such contracts. Requires each Federal agency with office facilities of more than 35 office workers to carry out a recovery program of newsprint and corrugated and high-grade paper. Requires such materials to be separated at the source of generation, separately collected, sold for the purpose of recycling or used by the Government. Authorizes funds received from such sales to be retained by the agency that generated the sold item. Prohibits any State or municipality from receiving any form of Federal assistance in connection with facilities for the processing, separation, resource recovery, or reduction of solid waste unless the Administrator certifies that such State or municipality has implemented and met the targets for a program: (1) for the collection, separation, and processing of recyclable materials which provides for graduated increases in the amount of waste stream to be made available to markets for recovered materials; and (2) that requires preferences for the procurement of goods containing recovered materials. Sets forth additional requirements for State solid waste disposal plans, including: (1) the separation, collection, and recycling of tires, lead-acid batteries, and major household appliances; and (2) the separation, collection, and safe disposal of household hazardous wastes. Authorizes the Administrator to provide low-interest loans or loan guarantees for constructing and operating facilities and equipment for the collection, separation, or processing of recyclable materials. Permits the Administrator to provide technical assistance and grants to State and local governments for recycling and waste reduction programs. Authorizes appropriations. Requires all paper and paper products, effective five years after this Act's enactment, to contain the minimum percentage of recovered materials specified by the Administrator under the Solid Waste Disposal Act. Extends the date by which the Secretary of Commerce is required to take actions regarding the development of markets for recovered materials. Requires the Secretary, no later than six months after this Act's enactment, to develop a program to promote the selling of recyclable solid waste from the United States in international markets. Requires manufacturers of plastic items or packaging to label such items to indicate the type of plastic used in such materials. Prohibits any plastic, effective one year after the promulgation of regulations regarding this section, from containing, or being manufactured in a process that uses, chlorofluorocarbons. Directs the EPA Inspector General to report annually to the Congress on compliance with this Act.
United States · United States Congress · 11 April 1989
Consumer Product Safety Improvement Act of 1989 - Title I: Amendments to Acts - Amends the Consumer Product Safety Act (CPSA) to revise rulemaking procedures in cases when the Consumer Product Safety Commission finds that there may be an unreasonable risk of injury associated with a product and a consumer product safety rule would reduce the risk. Directs the Commission to study and report to the Congress on the feasibility of requiring each manufacturer of a product subject to a consumer product safety rule to help defray rulemaking costs. Permits the Commission to rely only upon existing voluntary consumer product safety standards that have been issued after consideration of the views of interested parties. Amends the CPSA, the Federal Hazardous Substances Act (FHSA), and the Flammable Fabrics Act to require the Commission to develop procedures to monitor compliance with product safety standards. Allows interested parties to petition the Commission to issue a rule or amendment to reduce the risk of injury associated with a product. Prescribes procedures in connection with such petitions, including a cause of action to compel rulemaking. Revises administrative features relating to the Commission to: (1) direct the President, when making appointments to the Commission, to consider individuals with consumer product safety backgrounds; (2) establish the position of Director of Compliance, to be filled by an attorney; (3) set a minimum personnel level; and (4) permit qualified disclosure of certain information. Authorizes any State attorney general and any other official charged with enforcing State consumer product safety laws to bring a civil action for relief in connection with violations of rules or orders issued under the CPSA or the FHSA, to determine whether a consumer product presents a substantial product hazard. Prescribes procedures in connection with these actions, including judicial appeals to compel the Commission to initiate determinations concerning product safety if a petition is ignored. Sets standards to apply when the Commission is determining whether a consumer product presents a substantial product hazard. Prohibits the Commission, in this context, from engaging in cost-benefit analysis with respect to risks presented to the public. Prohibits such analysis also in connection with both Commission and court determinations relating to actions involving imminently hazardous consumer products. Adds civil penalties to the criminal penalties imposed in connection with violations of the Federal Hazardous Substances Act. Directs the Commission to establish an agenda and priorities for its actions prior to each fiscal year. Authorizes appropriations through FY 1991 for the Commission. Title II: Related Provisions - Directs the Commission to: (1) study and report to the Congress on whether a special flammability standard is needed for sleepwear (other than for children); (2) pursue its pending proceedings to establish a safety standard for cigarette lighters; and (3) study and report to the Congress on whether a minimum age requirement should be established for operators of amusement park rides. Revises the CPSA definition of "amusement ride." Includes amusement rides expressly within the framework of such Act, subjecting them to public disclosure and inspection requirements and to notification and remedy provisions applicable to substantial product hazards when serious injury occurs. Directs the Commission to issue rules in this regard by July 1, 1990. Directs the Commission to: (1) report to the Congress on its activities to reduce exposure of individuals to an enumerated list of indoor air pollutants; (2) issue a consumer product safety standard to require cautionary labeling in connection with certain toys intended for use by children at least three years old; (3) submit to the Congress a report including specified information about particular products that pose a major hazard to children; and (4) conduct a survey to determine compliance with voluntary industry manufacturing guidelines designed to reduce the entrapment of children in reclining chairs and report the results to the Congress. Requires the Commission to initiate proceedings to establish a safety standard for reclining chairs if a substantial lack of compliance is found.
United States · United States Congress · 6 April 1989
Food Safety Amendments of 1989 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to revise the definition of "pesticide chemical" by including pesticide chemical residues in processed foods, inert ingredients of pesticide chemicals, and substances resulting from the metabolism or degradation of a pesticide chemical. Specifies that pesticide chemical residues in or on a raw agricultural commodity or processed food (defined as any food other than a raw agricultural commodity that has been subject to processing) and pesticide chemicals used in the production, storage, or transportation of processed food (current law does not cover residues or apply to processed foods) are not food additives. Specifies that pesticide chemical residues in processed food, if within the tolerances set under this Act, do not make the food "adulterated" within the meaning of the FDCA. Establishes the general rule that any pesticide chemical or its residue in or on food, and any pesticide chemical added to food, requires either a tolerance or an exemption and that the residue remaining on food must be within the tolerance limit or consistent with the exemption. Provides for inclusion of inert ingredients in a pesticide chemical or its residue. Specifies that: (1) pesticide chemical residues in or on processed food which do not have a separate tolerance are lawful if those residues have been removed to the extent possible in good manufacturing practice and are within the tolerance for the raw agricultural commodity from which the processed food was made; and (2) raw agricultural commodities and processed food that contain pesticide chemicals or their residues pursuant to such a tolerance or exemption shall not be considered adulterated. Authorizes the Administrator of the Environmental Protection Agency to: (1) promulgate regulations that establish, modify, or revoke tolerances either in response to a petition or on the Administrator's initiative; and (2) establish expiration dates for such tolerances. Provides that a tolerance may be established for a pesticide chemical or pesticide chemical residue only if the risk to human health, including the health of identifiable population groups with special food consumption patterns, from dietary exposure to the chemical or residue is negligible. Revokes or modifies such tolerance if such risk is greater than negligible. Creates exceptions to such rule under certain circumstances. Sets forth the following criteria for determining negligible risk: (1) for pesticide chemical residues which are not likely to have any adverse human health effect below an identifiable level, the level at which the chemical will not cause or contribute to any known or anticipated adverse human health effects (including an ample margin of safety); and (2) for pesticide chemical residues which are likely to have an adverse human health effect at any level, the level at which the residue is not likely to cause or contribute to any additional adverse human health effects in the exposed population and will not cause or contribute to a risk of adverse human health effects, using conservative models, which exceeds a rate of one in a million. Sets forth guidelines for determining dietary exposure to pesticide chemical residues. Directs the Administrator to: (1) take into account all dietary exposure to the chemical, including exposure under the proposed tolerance (or the tolerance in effect in the case of a petition to modify and revoke an existing tolerance), all other sources of dietary exposure (including drinking water) to the same chemical; and (2) consider the level of exposure based on the assumption that residues are on all authorized raw agricultural commodities and processed food at tolerance levels and exposure occurs for a lifetime, with specified exceptions. Specifies that: (1) the tolerance level for a pesticide chemical residue in or on food shall be no higher than the Administrator determines is necessary for such chemical to have its intended effect; and (2) where tolerances or an exemption are revoked and the residue will unavoidably persist in the environment and contaminate food, the Administrator must establish a new tolerance not greater than that which permits the unavoidable levels to remain in the food. Precludes, subject to exception, the establishment or continuation of a tolerance unless the Administrator determines that there is a practical method for detecting and measuring residues. Specifies that such method must be the best available practical method and that it shall be considered practical only if it can be performed by the Secretary of Health and Human Services on a routine basis with the personnel, equipment, and other resources available to the Secretary. Sets forth factors to be considered by the Administrator in determining whether to establish, modify, or revoke a tolerance for a pesticide chemical residue, including: (1) the probable consumption of treated food by the population group which consumes the greatest amounts of the food or which is most sensitive to the chemical; (2) the cumulative effect of the residue, taking into account related chemicals and non-dietary routes of exposure; and (3) safety factors that are appropriate for animal experiments. Authorizes the Administrator to establish, modify, or revoke an exemption from the requirement for a tolerance in response to a petition or on the Administrator's own initiative. Specifies that an exemption may have an expiration date. Authorizes an exemption to be established, or left in effect, only if the pesticide chemical residue presents no risk to human health, including the health of identifiable population groups with special food consumption patterns, from dietary exposure at any level of residue that could result from use of the chemical on food. Directs the Administrator, in determining dietary exposure, to take into account: (1) all dietary exposure to the pesticide chemical, including exposure under the proposed exemption, all other tolerances or exemptions in effect for the same chemical, and all other sources of dietary exposure (including drinking water) to the same chemical; and (2) the maximum amount of residue that could reasonably be expected to occur if the instructions for use of the pesticide were not followed. Prohibits, subject to exception, the Administrator from establishing or continuing in effect an exemption unless the Administrator determines that there is a method for detecting and measuring the levels of such chemical or residue and that such method is the best available practical method. Allows any person to file a petition for the issuance of a regulation that establishes, modifies, or revokes a tolerance, or establishes or revokes an exemption. Specifies the information and data that must be contained in a petition to establish a new tolerance or new exemption for an active or an inert ingredient, or both, including: (1) a summary of the scientific reports respecting the safety of, and exposure to, the pesticide chemical; and (2) a statement that the petitioner authorizes the publication of such summary by the Administrator. Authorizes the Administrator to establish requirements for petitions to modify or revoke tolerances or exemptions. Directs the Administrator to publish a notice of the filing of a complete petition within 30 days of such filing, announcing the availability of a complete description of the analytical methods for the detection and measurement of the pesticide chemical in food and including the summary required in the petition to establish a tolerance or exemption. Specifies the Administrator's options after considering the petition and other available information, including publication of a final regulation approving or disapproving the petition, or proposing a regulation that is different from that requested in the petition. Makes a final regulation issued under this section effective upon the date of publication, subject to exception. Sets forth procedures for filing and considering objections to the final regulation. Provides for judicial review for any person adversely affected (including a person without an economic interest) by the Administrator's decision. Specifies that such review would not operate to stay the Administrator's decision unless specifically ordered by the court. Authorizes the Administrator to establish, modify, or revoke a tolerance or to establish or revoke an exemption on his own initiative. Requires the Administrator to issue a notice of any proposed rule and provide for at least a 30 day period for public comment on the proposed regulation (unless the public interest requires a shorter period). Authorizes the Administrator to revoke an exemption, or to revoke or modify a tolerance, without following the required procedure if such action is necessary to prevent an imminent hazard. Directs the Administrator, in such case, to provide notice of the action and to hold a public hearing within five days of a request (which request was made within five days of the Administrator's action) for a hearing. Specifies that the effective date of the action shall not be delayed because of the hearing and the order may not be judicially reviewed until after the hearing or set aside while the order is being judicially reviewed. Requires the Administrator to request additional data, or initiate an action to modify or revoke the exemption, if the data contained in a petition (including a petition submitted before the date of enactment) to establish a tolerance or exemption is inadequate to support the continuation of such tolerance or exemption. Specifies that: (1) when the Administrator requires the submission of data, the Administrator shall publish an order in the Federal Register that establishes deadlines for the identification of the persons who will submit the data and the submission of necessary data and reports; (2) if such deadlines are not met, the tolerance or exemption shall be considered revoked, subject to exception; and (3) an order issued under this section shall be subject to administrative and judicial review. Provides for the confidentiality of data contained in a petition (upon request of the petitioner) until publication of a regulation or order unless disclosure has been made previously, or is allowed under this Act or otherwise required by law. Specifies the persons to whom confidential data may be disclosed. Authorizes the Administrator to publish the informative summary required in the petition and other summaries of the data relating to the proposed or final regulation or order. Sets forth procedures by which the public may obtain access to the health and safety data submitted or cited in support of a petition. Directs the Secretary of Health and Human Services to conduct surveillance and compliance sampling of raw agricultural commodities and processed foods for pesticide chemical residues. Directs the Administrator to require fees sufficient to provide, equip, and maintain an adequate service for the performance of the Administrator's functions under these provisions. Directs the Administrator to evaluate each pesticide chemical residue which is required to have a tolerance or an exemption to determine whether it exceeds the negligible risk standard, requiring the submission of data if necessary in order to make the determination. Lists actions the Administrator must take if the standard is exceeded, including: (1) requiring the submission of data supporting continuation of the tolerance or exemption; and (2) lowering one or more tolerances or revoking tolerances or exemptions. Allows the Administrator, if the risk is not significantly greater than the negligible risk standard, to issue a notice with specified contents in the Federal Register. Requires, within two years of the notice: (1) submission of data regarding the lowest residue level required to accomplish the intended effect; (2) a method for measuring levels of residue which meets certain requirements; (3) lowering of the risk under each tolerance to meet the standard; and (4) revocation of an exemption and establishment of one or more tolerances so as to meet the standard. Requires that, within four years of the notice, the risk meet the standard. Sets forth the consequences of failing to meet these deadlines. Provides for administrative and judicial review. Revises the negligible risk standard, effective six years after enactment of this Act, to consider the risk of the residue in question combined with the risk of all other pesticide chemical residues usually used on the same raw agricultural commodity or processed food. Directs the Administrator, within one year of the revision, to revoke or modify all tolerances which do not meet the new standard. Directs the Administrator to review tolerances and exemptions in effect on the date of enactment of this Act and to take actions as required by this Act. Provides for administrative and judicial review. Directs the Administrator to publish: (1) a list of inert ingredients which are safe, which are required to have a tolerance, or which are required to be included in the tolerance for an active ingredient; and (2) an order requiring, by deadlines specified in the order, the submission of necessary data, concerning inert ingredients which are not on the safe list, to establish a tolerance. Requires that, if deadlines in the order are not met, the ingredient be considered unsafe, subject to exception. Provides for administrative and judicial review. Declares that pesticide chemicals or chemical residues which do not have tolerances or exemptions before the date of enactment of this Act because they are generally recognized as safe shall not be considered unsafe solely because they do not have a tolerance or exemption. Requires the Administrator, within one year of enactment, to establish deadlines for the submission of necessary data to establish tolerances or exemptions for any pesticide chemicals which, on the date of enactment, do not have tolerances or exemptions because they are generally recognized as safe. Authorizes the Administrator to issue an order declaring such chemicals to be unsafe if such deadlines are not met. Provides for administrative and judicial review of such order. Directs the Administrator to: (1) determine, for each method of measuring levels of certain residues, whether the requirements of this Act relating to practical methods of analysis have been met; and (2) publish a notice identifying methods which do not meet the requirements. Declares that, if any method does not meet the requirements within three years of the publication, any tolerance or exemption for the residue subject to the method shall be considered revoked.
United States · United States Congress · 6 April 1989
Urges the President to: (1) sign and submit to the Senate for ratification the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal; and (2) submit to the Congress proposed legislation to reform U.S. hazardous waste export laws and regulations.
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
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.