United States · United States Congress · 16 May 1989
Declares that it is U.S. policy to: (1) work with and furnish assistance to tropical forest nations to ensure maintenance and sustainable uses of such forests; (2) encourage nongovernmental organizations to implement sustainable forest management programs for conservation of tropical forests and biological diversity; (3) support model demonstration projects for sustainable use and conservation and support increased research and training in forest ecology and management; and (4) establish bilateral agreements with interested nations to share technology, experience, training, and research in tropical forest conservation. Requires the President to report to the Congress on the progress made in carrying out this Act.
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
Constitutional Amendment - Requires the Congress and the President, prior to each fiscal year, to agree on an estimate of total receipts (except those derived from borrowing) for that fiscal year by enactment of a joint single subject resolution. Prohibits outlays for that year (except those for repayment of debt principal) from exceeding this amount unless the Congress, by a three-fifths roll call vote of each House, authorizes a specific excess of outlays over receipts. Requires a three-fifths roll call vote of each House to increase the public debt. Directs the President to submit a balanced budget to the Congress. Requires the approval of a majority of the total membership of each House by roll call vote before any bill to increase revenue may become law. Waives these provisions when a declaration of war is in effect.
United States · United States Congress · 9 May 1989
Americans with Disabilities Act of 1989 - Title I: General Prohibition Against Discrimination - Declares that it shall be discriminatory, on the basis of disability, to deny opportunities or to afford them unequally, to provide opportunities less effectively (or differently or separately, unless necessary for effectiveness), to assist an organization or individual that discriminates, or to otherwise limit opportunities enjoyed by others. Prohibits the use of standards, criteria, or administrative methods that have the purpose or effect of discrimination or perpetuate discrimination. Declares it discriminatory to deny equal opportunities because of the relationship or association of an individual with another individual with a disability. Allows as a defense to a charge of discrimination that an application of standards or criteria has been demonstrated to be both necessary and substantially related to the ability of an individual to take advantage of the essential components of the opportunity, and that the taking advantage cannot be accomplished by reasonable accommodations, modifications, or the provision of auxiliary aids or services. Title II: Employment - Prohibits discrimination by any employer, employment agency, labor organization, or joint labor-management committee against any qualified individual with a disability in job application procedures, hiring or discharge, compensation, advancement, training, and other terms, conditions, and privileges of employment. Lists types of actions construed to be discrimination. Makes the remedies set forth in specified provisions of the Civil Rights Act of 1964 and other specified Federal law available to any individual who believes that he or she is being or is about to be subjected to discrimination in violation of this Act. Title III: Public Services - Declares that no qualified individual with a disability shall be excluded from the participation in, denied the benefits of, or subjected to discrimination by a State, or by an agency, political subdivision, or other instrumentality of a State. Lists types of actions deemed, for purposes of this Act and specified provisions of the Rehabilitation Act of 1973, to be discrimination with regard to public transportation. Makes the remedies and rights set forth in specified provisions of the Rehabilitation Act of 1973 available to any individual who believes that he or she is being or is about to be subjected to discrimination in violation of this Act. Title IV: Public Accommodations and Services Operated by Private Entities - Prohibits discrimination on the basis of disability in the enjoyment of any place of public accommodation. Lists types of actions construed to be discrimination. Prohibits discrimination on the basis of disability in public transportation services provided by a private entity that is primarily engaged in transporting people, but that is not in the principal business of air transportation. Lists types of actions construed to be discrimination. Makes specified provisions of the Fair Housing Act relating to enforcement available, subject to exception, to any aggrieved individual. Title V: Telecommunications Relay Services - Defines "telecommunications relay services" to mean services that enable simultaneous communication between individuals who use telecommunications devices for the deaf (TDDs) or other nonvoice terminal devices and individuals who do not use such devices. Declares it discriminatory for any common carrier that offers telephone services to the public to fail to provide interstate or intrastate telecommunication relay services that are equal to those provided to their customers who are able to use voice services, except in any State in which services are provided through an entity designated by the State. Declares it discrimination by a State that makes such a designation if the State fails to provide interstate or intrastate relay services that are equal to those provided to their voice customers. Makes specified provisions of the Fair Housing Act relating to enforcement available, subject to exception, to any aggrieved individual. Requires the Federal Communications Commission to enforce this title. Makes specified provisions of the Communications Act of 1934 apply with respect to the enforcement of this title. Provides for cease and desist orders by the Commission and for monetary penalties. Title VI: Miscellaneous Provisions - Prohibits retaliatory discrimination against any individual because of actions related to this Act. Declares that a State shall not be immune under the 11th Amendment to the Constitution from an action in Federal court for a violation of this Act. Requires the Architectural and Transportation Barriers Compliance Board to issue minimum guidelines to supplement the existing Minimum Guidelines and Requirements for Accessible Design. Allows the awarding of reasonable attorney's fees, in certain circumstances, in any action or proceeding under this Act.
United States · United States Congress · 9 May 1989
Clean Ocean Act of 1989 - Amends the Federal Water Pollution Control Act to make persons responsible for discharges of oil or hazardous substances into navigable waters liable for all removal costs incurred by the United States. Directs the Administrator to revise the National Contingency Plan under such Act to require owners and operators of vessels or facilities to: (1) provide equipment that is adequate to minimize damage, and suitable for responding effectively to, discharges of oil or hazardous substances; (2) provide such equipment in an amount appropriate for the unique features of the environment; (3) have such equipment inspected for certification by the Coast Guard at least every three years; (4) provide response teams for Alaska, the Pacific Northwest, California, the Gulf of Mexico, the Great Lakes, the northeast, mid-, and south Atlantic coasts, and inland waters; (5) ensure that such teams are properly and immediately in use upon receiving notice of any discharge and are engaged in containment and removal activities no later than five hours after receiving such notice; and (6) subject such teams to federally approved training, review, and approval by the agency responsible for administering such team, and periodic drills without prior notice. Authorizes the Administrator to permit owners and operators to engage in cooperative efforts to comply with the Plan. Requires all activities under the Plan to be funded by persons engaged in interstate commerce in the production or transportation of oil or any hazardous substance. Authorizes the Secretary of Transportation to charge a fee for certification inspections. Requires owners and operators to meet the requirements of the revised Plan no later than December 31, 1990. Prescribes civil penalties for violations of this Act. Makes chief executive officers of owners or operators jointly and severally liable for: (1) any fines assessed against such owners or operators; and (2) all costs incurred by the United States for the removal of oil or hazardous substances pursuant to this Act.
United States · United States Congress · 9 May 1989
Human Needs and Mobility Resolution - Directs the Administrator of the Agency for International Development to: (1) encourage the use of a variety of transportation options, particularly those which are nonmotorized and low in cost, as solutions for the mobility needs of poor people in developing nations; (2) redirect a portion of Agency resources to providing access to such vehicles that can be sustained in the long term; and (3) analyze and report to the Congress regarding the effectiveness of the current policies of multilateral development banks in which the United States is a member regarding lending for transportation in meeting the mobility needs of poor people in developing nations. Requires: (1) the Secretary of the Treasury to direct the United States Executive Directors of the multilateral development banks to increase the emphasis those banks place on nonmotorized, low cost, and energy efficient alternatives to private motor vehicles; (2) the Director of the Peace Corps to encourage the use of nonmotorized transportation technologies in its projects and by its volunteers; and (3) the President to submit a report to the Congress, within one year, concerning the implementation of this Act.
United States · United States Congress · 3 May 1989
Oil Spill Resource Restoration Act - Requires the Commandant of the Coast Guard, in the case of a major spill on navigable water, the Secretary of the Interior, in the case of any other spill, and the Governor of the State in which the spill occurs to submit to the Administrator of the Environmental Protection Agency petitions for the initiation of an expedited damage assessment proceeding. Authorizes trustees and any persons affected by such spill to submit petitions to the Administrator. Directs the Administrator, upon receiving a petition, to immediately initiate an expedited assessment of the damages to natural resources caused by the spill. Requires the Administrator to issue an order making a finding whether the spill is a major spill and, upon finding that it is a major spill, to: (1) designate lead Federal and State trustees, based on which Federal and State trustees' natural resources are most likely to be severely affected by such spill; (2) establish a natural resources trustee commission to be composed of such trustees and the Administrator; and (3) direct the responsible parties to establish a trust fund which is accessible to such commission and in an amount adequate to pay costs incurred by the commission in conducting a full assessment of the damages to natural resources and preparing a restoration and replacement plan. Authorizes the Administrator to revise such order upon submission of a petition asserting that the amount deposited in the trust fund is insufficient to carry out a full damage assessment. Requires the commission to present a final claim to the responsible parties for the cost of repairing and replacing natural resources damaged by a spill. Authorizes the Commission to amend such claim upon receiving new information regarding the nature or extent of damages or destruction caused by such spill. Requires the responsible parties to deposit the final claim amount into the trust fund. Terminates the commission on a finding that natural resources were not significantly destroyed or damaged or that such resources have been restored to the extent practicable. Provides for automatic termination of the commission six years after the commission presents its final claim unless the commission finds specific reason to continue assessment and oversight functions. Provides for judicial review of any order, final claim, or termination of the commission pursuant to this Act. Creates a rebuttable presumption that such orders and final claims shall be valid unless proven to be arbitrary, capricious, or otherwise not in accordance with law. Makes responsible parties who fail to meet the requirements of this Act liable for specified punitive damages. 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.
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
Expresses the sense of the House that: (1) Japan has not lived up to the terms of the 1986 agreement regarding the Japanese semiconductor market; (2) the administration should convey this message to Japan; (3) the President, the U.S. Trade Representative (USTR), the Secretary of State, and the Secretary of Commerce should seek full access to the Japanese market for semiconductors; and (4) the President and the USTR should take measures to achieve compliance with such agreement.
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 · 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
Authorizes the Blackstone River Valley National Heritage Corridor Commission to make grants for historic and natural resources preservation, an interpretative exhibit, and cultural and educational programs within the Blackstone River Valley National Heritage Corridor in Massachusetts and Rhode Island. Authorizes appropriations through 1992.
United States · United States Congress · 26 April 1989
Amends Internal Revenue Code provisions governing the income tax deduction for the health insurance costs of self-employed individuals to: (1) make the deduction permanent (under current law it will expire after tax year 1989); and (2) phase in an increase in the allowable deduction, reaching 100 percent for taxable years beginning in 1994 and thereafter.
United States · United States Congress · 25 April 1989
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
Amends the Federal criminal code to provide enhanced criminal penalties for kidnapping children. Provides a minimum sentence of ten years' imprisonment (life imprisonment if any listed aggravating conduct exists) for such violation. States that persons sentenced under this Act shall not be granted a probationary or suspended sentence, and shall not be eligible for parole during the first five years (20 years if the offender engaged in any listed aggravating conduct) of such imprisonment. Includes as aggravating conduct: (1) selling the victim of such offense; (2) sexually abusing such victim; (3) using such victim for pornography; or (4) intentionally harming such victim physically to a life-threatening extent.
United States · United States Congress · 18 April 1989
Directs the Administrator of General Services to convey specified lands in the District of Columbia to the Columbia Hospital for Women. Requires that such lands be used for medical purposes, unless use for such other purpose is approved by the Administrator or by Act of Congress. Retains to the United States the right to use the building and parking lot on such lands until the Hospital provides one-year notice of its need for such facilities.
United States · United States Congress · 18 April 1989
Amends title XVIII (Medicare) of the Social Security Act to require the Secretary of Health and Human Services to use the most current data available when updating hospital area wage index factors (used in determining the amount of Medicare payments to be made to hospitals for wage-related costs).
United States · United States Congress · 18 April 1989
Employee Educational Assistance Act of 1989 - Repeals provisions of the Internal Revenue Code that: (1) terminated the income tax exclusion of amounts paid under employee educational assistance programs as of tax year 1989; and (2) deny benefits in connection with graduate work.
United States · United States Congress · 17 April 1989
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
Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 1992, the duty on 1-Amino-8-hydroxy-4, 6-naphthalene disulfonic acid mono sodium salt (K-acid).
United States · United States Congress · 13 April 1989
Amends the Internal Revenue Code (IRC) to permit a pension or annuity plan to make a one-time distribution to a participant for use to acquire, construct, or substantially rehabilitate his or her principal residence without losing its status as a qualified tax-deferred compensation plan for IRC purposes.
United States · United States Congress · 13 April 1989
Expresses the sense of the House of Representatives that the President should: (1) call for an immediate cease-fire among the parties in Lebanon, the removal of all foreign military forces, and the disbanding of all paramilitary forces there; (2) urge all parties in Lebanon to respond to the international call for an immediate cease-fire and to undertake immediate discussions regarding internal reconciliation; (3) support international efforts to implement a cease-fire and start a process of internal reconciliation; and (4) support actions to encourage the election of a new president in Lebanon.
United States · United States Congress · 13 April 1989
Establishes a Commission on Employment Discrimination in the Legislative Branch. Directs the Commission to: (1) employ a nongovernmental consultant to study the compensation paid to Library of Congress personnel and analyze personnel policies of the Library; (2) evaluate the compensation system of the Library for compliance with title VII of the Civil Rights Act of 1964 and make any recommendations needed to achieve compliance; (3) develop a plan for the application of title VII through the legislative branch; and (4) make recommendations to the Congress for improvement of personnel policies and practices in the legislative branch. Directs the Commission to submit a final report to the Congress 18 months after enactment of this Act. Terminates the Commission 30 days after submission of the final report.
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 · 12 April 1989
Child Care Assistance Act - Title I: Amendments to the Internal Revenue Code of 1986 - Subtitle A: Young Child Tax Credit - Amends the Internal Revenue Code to establish a new refundable tax credit, the Young Child Tax Credit. Allows families with incomes not exceeding $10,000 the credit of 12 percent of their earned income for one of their children under age five, plus six percent for each of up to two additional children under age five. Sets the maximum credit at $1,000 per year for one qualifying child, $1,500 for two, and $2,000 for three or more. Phases out the credit by reducing it by ten percent of so much of the adjusted gross income (or, if greater, the earned income) as exceeds $10,000. Allows advance payments of the credit. Subtitle B: Incentives for Employer Provided Child Care - Establishes a new business-related tax credit, the Dependent Care Assistance Program Credit. Allows the credit to employers for ten percent of their expenditures for payment or provision of services under a qualified dependent care assistance program for their employees. Directs the Secretary of Labor to: (1) study barriers to employers providing child care services for their employees; and (2) report within 540 days to specified congressional committees on such study, with recommendations on removal of barriers and on incentives for employers to provide such services. Title II: Block Grants to States for Activities Relating to Dependent Care Services - Amends the State Dependent Care Development Grants Act to increase the authorization of appropriations for FY 1990 and to extend it through FY 1992, for grants to States for planning and development of dependent care programs. Revises and expands the authorized uses of allotments of such block grants to States. Requires the Secretary of Health and Human Services to report annually to specified congressional committees on State programs carried out with such block grants. Requires States to submit such reports on their use of grants as the Secretary may require. Changes the short title of such Act to the State Dependent Care Block Grants Act. Title III: Child Care Liability Risk Retention Group - Authorizes any State to assist in the establishment and operation of a child care liability risk retention group (i.e. a corporation or other limited liability association whose members are child care providers licensed or accredited pursuant to State or local law or standards, and which otherwise satisfies specified criteria for risk retention groups). Sets forth State application requirements. Requires State plans to: (1) identify the lead agency designated and responsible for the administration of funds under this part; (2) provide that all participants in the child care liability risk retention group are child care providers who are licensed or accredited pursuant to State or local law or standards; (3) provide for maximum membership of family-based child care providers in the group; (4) provide that the State shall use at least the amount allotted to establish or maintain a liability risk retention group for child care providers; and (5) specify how any such liability risk retention group will continue to be financed after FY 1992, including by contributions by the State or by members of such pool. Directs the Secretary of Health and Human Services to review and approve State plans and to monitor State compliance with requirements of this title. Provides for suspension of payments upon a finding of noncompliance. Authorizes appropriations for FY 1990 to carry out this title and to remain available for assistance to States for FY 1990 through 1992. Directs the Secretary of Commerce to reserve specified portions of such funds for payments to specified U.S. territories and for administrative costs. Directs the Secretary of Commerce to allot the remainder to States on the basis of the number of children under 13 years of age. Permits a portion of such allotments to be used for State administrative costs. Sets forth provisions relating to entitlement, method, and State spending of allotment payments. Title IV: Revolving Loan Fund - Provides assistance for State-established revolving loan funds to enable family-based child care providers to meet accreditation or licensing standards. Requires each applicant State to establish a revolving loan fund, along with specified procedures and guidelines. Authorizes appropriations for FY 1990, to remain available for assistance to States for FY 1990 through 1992. Directs the Secretary to make allotments to States through a formula based on the number of children under 12 years of age.
United States · United States Congress · 11 April 1989
Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 1992, the duty on 2-Naphthyl amine-1, 5-disulfonic acid and the mono sodium salt (D salt).
United States · United States Congress · 11 April 1989
Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 1992, the duty on 1-naphtol-4-sulfonic acid and the mono sodium salt (Neville and Winter's acid).
United States · United States Congress · 11 April 1989
Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 1992, the duty on 2, naphthyl amine-6-sulfonic acid (Broenner's acid).
United States · United States Congress · 11 April 1989
Amends the Carl D. Perkins Vocational Education Act (the Act) to include displaced homemakers in the vocational education program for single parents or homemakers. Makes single pregnant women eligible for such program. Directs the administrator of such program, and of the sex equity program, to: (1) distribute to community-based organizations the State allotment for such programs on a competitive basis; and (2) develop procedures for appropriate data collection from fund recipients for program evaluation. Requires States to: (1) develop an annual plan for use of funds; (2) manage funds distribution; (3) monitor recipients' use of funds; and (4) evaluate program effectiveness. Provides for pre-vocational services to single parents, single pregnant women, homemakers, and displaced homemakers. Allows use of funds for dependent care (currently only child care) as part of such services. Directs the Secretary of Education to conduct biennial oversight visits to the States to determine if funds for programs for single parents, single pregnant women, and for elimination of sex bias and stereotyping in secondary and postsecondary education are being allocated, distributed, and used in accordance with the Act. Provides that assistance under the Act shall not effect an individual's eligibility for assistance under other Federal programs. Directs the General Accounting Office, within 18 months, to conduct a study of State compliance with specified assurances required under the Act.
United States · United States Congress · 10 April 1989
Wetlands No Net Loss Act of 1989 - Requires the Secretary of the Interior to designate a nonprofit organization as a Wetlands Preservation Trust if such organization: (1) is established for the purpose of acquiring ownership interests in wetlands, former wetlands, and related property and for restoring, creating, or preserving wetlands; and (2) meets, and submits an application in accordance with, the Secretary's requirements. Amends the Internal Revenue Code to create special rules for contributions of land to such Trusts. Applies the 50 percent limitation on charitable contribution deductions to contributions of wetlands to such Trusts. Permits a ten-year carryover for excess contributions. Extends the deadline for the exchange of property held for productive use or investment if such contributions are made as part of such exchanges. Permits the carryover of unused deductions on a taxpayer's last return if such taxpayer dies before the close of the last taxable year for which such deductions could have been allowed. Authorizes the Secretary, acting through the Office of Wetlands Identification and Preservation, to make grants to States from the Wetlands Preservation Account for the implementation of State Wetlands Conservation Plans. Outlines requirements of such Plans. Prohibits the Secretary from approving any Plan that: (1) excludes any area of State wetlands solely on the basis of that area being less than a minimum size; or (2) excludes from Plan administration areas of wetlands the preservation of which is significant for achieving the purposes of this Act. Amends the Fish and Wildlife Act of 1956 to require the Director of the U.S. Fish and Wildlife Service to establish the Office of Wetlands Identification and Preservation within the Service. Requires the Director, acting through the Office, to: (1) identify all U.S. wetlands and associated uplands which are suitable for preservation; (2) produce and make available to the public maps of such lands; and (3) carry out title III of the Emergency Wetland Resources Act of 1986 (State and Federal Wetland Acquisition). Authorizes the Director, acting through the Office, to enter into agreements with private persons to carry out wetlands preservation. Permits such agreements to provide for: (1) the transfer of wetlands to Trusts; and (2) technical assistance to owners of wetlands who enter into such preservation agreements. Establishes the Wetlands Preservation Account. Requires at least 60 percent of Account funds to be available for grants to States. Requires the Secretary of the Treasury to deposit into such Account amounts received in the form of: (1) criminal penalties for certain permit violations of the Federal Water Pollution Control Act; and (2) civil and administrative penalties under such Act. Directs the Secretary to transfer annually to the Account $300,000,000 from the Land and Water Conservation Fund. Authorizes appropriations. Requires the head of each executive agency to: (1) complete an inventory of all wetlands and associated uplands owned or managed by the agency; and (2) implement a plan for the protection of wetlands included in the inventory. Requires such agencies to submit such plans to the head of the Office and the Secretary of the Interior. Amends the Federal Water Pollution Control Act to transfer the authority to issue permits for discharge of dredge and fill material from the Secretary of the Army to the Secretary of the Interior, acting through the Office. Revises provisions regarding reporting requirements. Repeals a provision requiring the submission of comments on permit applications. Prohibits the Secretary of the Army from authorizing any dredging of wetlands under the Rivers and Harbors Appropriations Act of 1899 without the prior approval of the Secretary of the Interior. Requires the Director of the Office of Technology Assessment to study and report to the Congress on: (1) incentives under Federal and State laws for the protection and management of wetlands; (2) potential modifications to existing Federal laws to improve their effectiveness in creating such incentives and to increase the permanence of such protection; and (3) ways in which the Federal Government may encourage State and local governments to create additional incentives for the protection and management of wetlands by private individuals.
United States · United States Congress · 6 April 1989
Missing Service Personnel Act of 1989 - Requires the responsible uniformed service commander, after receiving notice that a person under his command is missing, to conduct an informal investigation to determine such person's whereabouts and, if appropriate, to place such person in a missing status. Requires the commander, if a person has been placed in such status, to notify the officer holding general court-martial authority over such person (or, in the case of a missing civilian, the Secretary concerned), who shall convene a board of initial inquiry within 45 days. Requires such board to: (1) investigate evidence relating to the disappearance of such person; (2) recommend whether to continue such person in a missing status or make a finding that such person has deserted, is absent without leave, or is dead; and (3) report its recommendations and findings. Provides for the convening of a board of further inquiry, if a board of initial inquiry recommends that such person be continued in a missing status, within one year of such recommendation. Requires such board to analyze any information which has become available since the board of initial inquiry issued its report, to determine whether such person should be continued in a missing status or declared dead, and to report its findings. Directs the Secretary concerned, upon the written request of a member of the immediate family of a missing person who, before the date of the enactment of this Act, was determined by the Secretary to be dead, to: (1) convene a board of further inquiry to determine whether such finding of death should be upheld or such person should be placed in a missing status; and (2) report its findings. Requires the Secretary, within three years after a board of further inquiry recommends a missing status for any person, to reconvene such board to review such status. Specifies the composition of such boards. Directs the Secretary to invite each member of the immediate family of the missing person to the meetings of a board of initial inquiry unless attendance would place such member in danger. Requires the Secretary to: (1) invite family members of missing persons to meetings of boards of further inquiry; (2) schedule such meetings at convenient locations and times; (3) provide such family members with reasonable notice of such meetings; and (4) open such meetings to the general public. Authorizes each board to hold meetings, take testimony, receive evidence, and secure directly from any U.S. department or agency any information necessary to carry out its duties. Provides for the appointment of counsel by the officer or Secretary concerned to represent the missing person. Requires that, if a board determines that a missing person is dead, it shall include in its report a detailed description of the location and date of death, whether the body has been recovered, and whether a licensed practitioner of forensic medicine determined that the body recovered is that of the missing person. Prohibits any such board from declaring a missing person dead unless: (1) evidence other than the passage of a period of less than 50 years suggests that such person is dead; (2) no evidence which reasonably suggests that such person is alive is in the possession of the Government; (3) representatives of the Government have made a complete search of the area where such person was last seen (unless the United States is not granted access to such area); and (4) Government representatives have checked the records of the government or entity having control over the area where such person was last seen (unless the Government is not granted access to such records). Provides for judicial review of determinations of death upon the filing of a written petition by any member of the missing person's immediate family. Directs the Secretary of the uniformed service in which a missing person serves to make certain that such person's personnel file contains all information in the possession of Federal departments and agencies pertaining to the disappearance or whereabouts of such person. Requires the Secretary to make certain that, if classified information is withheld, such file contains: (1) a notice that the information exists; and (2) a notice of the date of the most recent review of the classification status of the information. Sets forth penalties for knowingly withholding information pertaining to the disappearance or whereabouts of a missing person from that person's personnel file. Requires the Secretary concerned to make the contents of such file available to a member of the immediate family of such person upon written request.
United States · United States Congress · 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
Educational Excellence Act of 1989 - Title I: Improving Elementary and Secondary Education - Part A: Presidential Merit Schools - Presidential Merit Schools Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to establish the Presidential Merit Schools Program to recognize and reward public and private elementary and secondary schools that have made substantial progress in: (1) raising student educational achievement, especially in reading, writing, and mathematics; (2) creating a safe and alcohol- and drug-free school environment; and (3) reducing the dropout rate. Authorizes appropriations for FY 1990 through 1993. Authorizes State educational agencies (SEAs) to designate as a Merit School any public or private elementary or secondary school nominated through procedures established by the SEA. Sets forth requirements for selection criteria established by the Secretary of Education (the Secretary) and by SEAs. Provides that each Merit School will be awarded a Presidential Certificate of Merit, as well as funds to further its educational program. Prohibits Federal, State or local reduction of other assistance to a school because it receives such an award. Part B: Magnet Schools of Excellence - Magnet Schools of Excellence Act of 1989 - Amends ESEA to establish the Magnet Schools of Excellence Program of grants to support public elementary or secondary schools that: (1) offer the highest quality instruction in an academic or vocational discipline or create a unique and effective learning environment; (2) are open to students from beyond the immediate school attendance area; and (3) are capable of attracting students from a variety of backgrounds. Authorizes appropriations for FY 1990 through 1993. Sets forth criteria for selection of applications. Limits such grants to any one school to no more than two years, and requires satisfactory progress in order to receive the grant for the second year. Prohibits Federal, State, or local reduction of assistance to a school because it receives such an award. Part C: Alternative Certification for Teachers and Principals - Alternative Certification of Teachers and Principals Assistance Act of 1989 - Amends ESEA to establish a program of assistance for Alternative Certification of Teachers and Principals. Authorizes appropriations for FY 1990. Repeals this Part as of October 1, 1990. Part D: Presidential Awards for Excellence in Education - Amends ESEA to establish the Presidential Awards for Excellence in Education Program to recognize and reward outstanding elementary and secondary school teachers. Authorizes appropriations for FY 1990 through 1993. Makes any full-time public or private elementary or secondary school teacher of academic or vocational subjects eligible for such an award. Makes teachers of religion (other than religion as an academic discipline) ineligible. Allows various individuals, groups, or institutions to nominate teachers for such awards. Requires State panels to select award recipients using criteria approved by the Secretary. Sets the amount of such an award at $5,000, and allows the recipient to use it for any purpose. Part E: Effective Date - Sets the effective date of the amendments made by this title. Title II: National Science Scholars - Amends the Higher Education Act of 1965 (HEA) to establish the National Science Scholars Program to recognize student excellence and achievement in the physical, life, and computer sciences, mathematics, and engineering. Authorizes appropriations for FY 1990 through 1993. Authorizes the Secretary to award scholarships to outstanding students selected as National Science Scholars by the President. Allows students who satisfy certain requirements to receive such scholarships for the first year of undergraduate study and, if they satisfy additional requirements, additional scholarships to cover the remaining undergraduate years. Directs the Secretary to appoint a panel of experts to recommend academic achievement criteria for use in the nomination of scholars. Sets forth requirements for initial and continuation awards. Sets the scholarship amount at $10,000 for an academic year, but reduces such amount based on cost of attendance and other grant or scholarship assistance, and adjusts for insufficient appropriations. Requires that scholarship recipients, to the extent they are otherwise qualified, be given priority consideration for federally financed summer employment in research and development centers. Title III: Other Programs - Amends the Drug-Free Schools and Communities Act of 1986 to establish a Drug-Free Schools Urban Emergency Grants program. Authorizes appropriations for FY 1990 through 1993. Directs the Secretary ot use program funds to award a small number of one-time grants to local educational agencies in urban areas with the most severe drug problems to assist them in developing and implementing comprehensive approaches to eliminating such problems. Amends HEA to authorize appropriations for FY 1990 through 1993 for special awards to historically Black colleges and universities. Makes institutions that receive such awards ineligible for other specified awards, and makes institutions that do not receive them eligible for those other awards.
United States · United States Congress · 5 April 1989
Tropical Forest Protection Act of 1989 - Requires the Secretary of the Treasury to instruct the U.S. executive directors of specified multilateral development banks to promote the preservation of tropical forests or other endangered ecosystems and species in debtor developing countries by enabling such countries, through debt reduction or restructuring, to buy back private debt at discount rates in the secondary market if such countries: (1) convert an agreed upon amount of debt to local currency for use in "debt-for-nature swap" programs for the protection of such forests, ecosystems, or species; or (2) demonstrate a commitment to the protection of such forests in the form of such swaps for set asides or conservation easements. Directs the Secretary to instruct such directors to consult with one another to promote debt suspension in such countries as long as environmental protection commitments are maintained. Requires the Secretary to instruct the U.S. executive director to the International Bank for Reconstruction and Development to initiate discussions with other directors and management of the Bank and propose a three-year environmental sector lending program for countries with such commitments to: (1) reduce the future need for lending for reforestation and restoration of environmentally degraded areas; and (2) be based on the estimated long-term economic return expected from the sustainable use and protection of tropical forests and the benefits from maintenance of biological diversity and climate stabilization. Directs the Secretary to instruct such directors to promote policies which: (1) assist in strengthening nongovernmental organizations in such countries by providing technical assistance and support for environmental protection activities; and (2) encourage international collaboration for information exchange and project enhancement with environmental protection organizations.
United States · United States Congress · 5 April 1989
Consumer Products Safe Testing Act - Prohibits Federal department or agency heads from considering LD50 test results when determining product safety, labeling, or transportation requirements for purposes of Federal regulation. (LD50 is a procedure whereby toxicity is measured in terms of the median dose that will kill 50 percent of the test animals within a specified time.) Requires Federal department and agency heads to: (1) review and evaluate directives that call for the use of an animal toxicity test; and (2) promulgate regulations specifying the use of nonanimal alternatives. Requires that animal toxicity testing regulations be subject to periodic agency review and to public comment in certain cases.
United States · United States Congress · 5 April 1989
Refuge Wildlife Protection Act of 1989 - Amends the National Wildlife Refuge System Administration Act to require that any wildlife management or other activity which affects wildlife in any area of the System be conducted in the most humane manner possible. Permits the Secretary of the Interior to authorize any killing of a member of a wildlife species within any area of the System, based upon evidence that such killing is necessary for the health and habitat of wildlife species within the area, to protect public health and safety, and that non-lethal management alternatives are not available. Requires the Secretary to provide the scientific information upon which the authorization is based as well as details such as the numbers to be killed. Authorizes public hearings on such decisions unless an emergency exists. Authorizes the Secretary to contract out such killing. Authorizes the Secretary to donate the carcass to a charitable organization for a charitable purpose.
United States · United States Congress · 5 April 1989
Amends the Internal Revenue Code to impose a three percent excise tax on wholesale sales of paper and paper products that do not contain the minimum amount of recycled materials in accordance with Environmental Protection Agency (EPA) guidelines. Increases the tax rate by one percent each year to reach a maximum 12 percent rate for sales during 2000 and thereafter. Directs the EPA Administrator to issue guidelines for products not already designated by relevant guidelines.
United States · United States Congress · 23 March 1989
Amends provisions of Federal law relating to protection and relief of merchant seamen to require an individual in charge of a documented vessel to report to the Secretary of the department in which the Coast Guard is operating a complaint of a sexual offense prohibited under provisions of Federal criminal law relating to sexual abuse. Amends the Magnuson Fishery Conservation and Management Act to make it unlawful to assault or interfere with an observer on a vessel under the Act. Adds such actions to provisions listing criminal offenses and their punishments.
United States · United States Congress · 23 March 1989
Emergency Refugee Act of 1989 - Authorizes additional FY 1989 refugee admissions from the Soviet Union, Eastern Europe, Vietnam, the Near East, and East Asia First Asylum countries. Transfers unused FY 1989 State legalization impact assistance grant (SLIAG) funds to cover specified costs related to such admissions. Authorizes additional SLIAG FY 1990 and 1991 appropriations. Authorizes FY 1990 and 1991 appropriations for anti-discrimination in employment activities. Authorizes SLIAG funds to be used for: (1) employment training and educational outreach programs for legalized aliens; and (2) State enforcement of anti-discrimination activities. Establishes an administrative appeals process for States applying for SLIAG assistance. Gives education priority under such grants to basic citizenship skills (English language and United States history and government).
United States · United States Congress · 22 March 1989
Medicare Catastrophic Coverage Revision Act of 1989 - Delays, for one year, the implementation of the Medicare Catastrophic Coverage Act of 1988, except for provisions of such Act expanding benefits under part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act.
United States · United States Congress · 22 March 1989
International Security and Satellite Monitoring Act of 1989 - Establishes the Commission on International Security and Satellite Monitoring. Requires the Commission to: (1) study areas in which the sharing of information collected by civilian remote-sensing satellites could increase international security and stability, including environmental monitoring, disaster preparedness, drug trafficking, and weapons monitoring; (2) review the status of U.S. civilian remote-sensing programs to recommend development of a coordinated policy; and (3) determine how a revised open skies policy could enhance the national security strategy of the United States. Sets forth specific factors for the Commission to consider in conducting such study. Requires the Commission to transmit a report to the President and to the Congress containing a detailed statement of its findings, conclusions, and recommendations. Terminates the Commission two years after this Act's enactment. Authorizes appropriations.
United States · United States Congress · 21 March 1989
Indoor Air Quality Act of 1989 - Directs the Administrator of the Environmental Protection Agency to establish a national research, development, and demonstration program to assure the quality of indoor air, including coordinating and accelerating efforts related to the causes, detection, and correction of contaminated air. Requires such program to include information collection and dissemination, cooperative research, grants, studies, development of techniques, facility construction, and conferences. Requires that research focus on human health effects and the identification of types and levels of contaminants likely to cause harm, including the development of methodology and techniques for detection and control. Authorizes the Administrator to assist technology demonstration activities based on a technology's potential to cost effectively control sources of contaminants. Limits Federal funding to 75 percent of the costs of such projects. Requires the Administrator to publish: (1) general reports on the findings of such demonstration projects; and (2) bulletins assessing technology and management practices for controlling and measuring indoor air contaminants, which shall be provided to the Indoor Air Quality Information Clearinghouse. Directs the Administrator to develop protocols, within six months of this Act's enactment, for the measurement of radon gas in child care facilities and disseminate information regarding techniques for measuring and mitigating radon in such facilities. Authorizes the Administrator to take certain other actions conducive to the detection and reduction of radon in such facilities. Directs the Administrator to publish and biennially revise a list of contaminants known to occur in indoor air. Provides for additions to such list upon application of a State Governor. Requires the Administrator to publish advisory materials addressing the human health effects of listed contaminants which describe the properties, effects, risks, and concentrations of such contaminants. Directs the Indoor Air Panel of the EPA Science Advisory Board to assist in the listing and advisories. Requires advisories to be updated at least once every five years. Directs the Administrator to develop and publish a national indoor air quality response plan to reduce human exposure to the listed indoor air contaminants and reduce, to the fullest extent practicable, indoor air contaminant concentration levels to levels at which there is no known or anticipated human health effect, with an adequate margin of safety. Requires the response plan to identify the contaminant, the basis for the action, the nature of the response, the responsible Federal authority, the necessary financial resources, and the technological or legislative changes required for further reduction of the contaminant. Requires the Administrator and the Administrator of the General Services Administration (GSA) to develop and implement a program to respond to and reduce indoor air contamination in Federal buildings and to demonstrate methods of reducing indoor air contamination in new Federal buildings. Directs the Administrator of the GSA to prepare a specific response plan for Federal buildings which lists buildings and the reduction and response actions to be taken and identifies those buildings for which there is sufficient evidence of indoor air contamination to warrant their assessment under this Act's Building Assessment Demonstration Program. Exempts specified buildings for national security, demolition, or special use purposes. Requires the Administrator of the GSA to provide a method and format for filing comments and complaints concerning indoor air quality in Federal buildings. Requires response plans to be submitted to the Congress on a biennial basis. Directs the Administrator of the GSA to reserve 0.5 percent of any funds appropriated for construction of new Federal buildings for design and construction of measures to reduce indoor air contaminant concentrations within such buildings. Requires that any new EPA building be designed, constructed, maintained, and operated as a model to demonstrate principles and practices for protecting indoor air quality. Authorizes grants to States for the development and implementation of management strategies and indoor air quality assessment and response programs similar to those of the Federal program. Directs the Administrator to establish the Office of Indoor Air Quality within the EPA's Office of Air and Radiation to implement agency responsibilities under this Act. Establishes a Council on Indoor Air Quality to coordinate Federal indoor air quality activities and review and comment on the national indoor air response program and the Federal building response plan. Requires the Council to report to the Congress on a biennial basis. Directs the Administrator to establish a national indoor air quality clearinghouse which shall operate a toll-free hotline on indoor air quality. Requires the Director of the National Institute for Occupational Safety and Health to implement a Building Assessment Demonstration Program to support the development of methods, techniques, and protocols for assessing indoor air contamination in non-residential, non-industrial buildings and to provide contamination reduction assistance and guidance to building owners and occupants. Sets forth building assessment report requirements. Authorizes appropriations for FY 1990 through 1994.
![Official portrait of Rep. Schneider, Claudine [R-RI-2]](https://www.congress.gov/img/member/s000136_200.jpg)