United States · United States Congress · 24 May 1989
Student Loan Abuse Prevention Act of 1989 - Amends the Higher Education Act of 1965 (the Act) to authorize the Secretary of Education (the Secretary) to take emergency action to suspend disbursement of funds to an eligible institution under title IV (Student Assistance) of the Act, to prevent misuse of funds under specified circumstances. Directs the Secretary, whenever eligibility of an institution has been terminated, to: (1) carry out a program review of each affiliated and successor institution; and (2) if any such institution is committing similar violations, carry out a proceeding to limit, suspend, or terminate eligibility or take emergency action suspending disbursement of funds. Terminates the effectiveness of any program participation agreement with an institution after it undergoes a change of ownership resulting in a change of control, if the Secretary determines that the new owner, a member of the new owner's family, or a current business associate of the new owner was substantially involved in the ownership or administration of another institution that has: (1) been limited, suspended, or terminated by the Secretary; (2) declared bankruptcy; (3) failed to pay the Department of Education a liability for program management; or (4) failed to pay refunds owed to students or lenders on behalf of students. Requires that an institution be given the opportunity to demonstrate, by a preponderance of evidence, that it continues to be eligible for student assistance purposes, if the Secretary determines not to permit its eligibility to resume after the change of control. Prohibits institutions, under student aid program participation agreements, from using any independent contractor or anyone other than a salaried employee, except in specified circumstances, to conduct any canvassing, surveying, recruiting, or similar activities, or to make final determinations that an individual meets the institution's admissions or financial aid eligibility requirements. Authorizes the Secretary to prescribe regulations for civil penalties or the limitation, suspension (up to 60 days), or termination of eligibility of an institution on account of violations by an individual or organization having a contract to administer any aspect of such institution's student assistance program. Requires the Secretary to establish the National Student Loan Data System and to assure that such computerized System is operational by October 1, 1989. (Such system is currently authorized but not mandated.)
United States · United States Congress · 18 May 1989
International Plutonium Control Act - Urges the President to seek negotiations with the Soviet Union on a verifiable agreement to end the production by both countries of plutonium and highly enriched uranium for weapons purposes. Expresses the sense of the Congress that the United States and the Soviet Union should: (1) establish verification arrangements to monitor the cessation of activities under this Act, including mutual inspections of production reactors, chemical separation and uranium enrichment facilities, and isotope separation plants; (2) furnish the equipment and personnel to implement safeguards at civilian nuclear facilities and consider transferring the safeguards mission to the International Atomic Energy Agency; and (3) consider increasing their respective contributions to the Agency to fund the assignment of fully trained inspectors to each country to assume additional safeguards responsibilities at civilian nuclear facilities. Urges the President to seek agreement with the Soviet Union that the United States and the Soviet Union will: (1) exchange information on the location, mission, and maximum annual capacity of their facilities essential to the production of tritium for stockpile replenishment; and (2) provide to each other a complete inventory of facilities dedicated to the production of plutonium and uranium for weapons purposes. Prohibits funds from being obligated or expended by the United States to operate facilities dedicated to the production of plutonium for weapons purposes unless the President certifies to the Congress that: (1) the Soviet Union has refused to enter in good faith into the negotiations; (2) the United States is unable to determine that Soviet facilities producing plutonium have ceased operation; or (3) the Soviet Union is continuing to obtain plutonium by operating civilian chemical separation plants that are not under bilateral U.S.-Soviet safeguards.
United States · United States Congress · 18 May 1989
Food Irradiation Safety and Labeling Requirement Act of 1989 - Prohibits the Secretary of Agriculture from implementing pork irradiation regulations and the Secretary of Health and Human Services from implementing other food irradiation regulations. Requires the Secretary of Health and Human Services to arrange for and report within two years on a study of the risks to human health and the environment presented by food irradiation. Amends the Federal Food, Drug, and Cosmetic Act to require that food for domestic use or export which has been irradiated be labeled in a prescribed fashion. Requires restaurant menus to indicate when foods have been irradiated. Requires persons irradiating food to report semiannually to the Secretary.
United States · United States Congress · 16 May 1989
Radiation Exposure Compensation Act - Establishes in the Treasury the Atmospheric Nuclear Testing Compensation Trust Fund for claims for injuries and death due to exposure to radiation from nuclear testing or uranium mining in Utah, Nevada, Arizona, Colorado, and New Mexico during certain time periods. Confers exclusive jurisdiction upon the Atmospheric Nuclear Testing Compensation Trust Fund Board of Directors to process personal injury claims and payments. Subjects any findings and awards made by the Board to judicial review. Prescribes guidelines for Board determination of compassionate claims relating to open air nuclear testing and uranium mining in specified areas. Sets forth a statute of limitations for filing claims, and restricts the amount of attorney's fees which may be received. Insulates the award of damages from insurance claims or payments. Declares the Federal Tort Claims Act inapplicable to radiation compensation actions and confers liability upon the United States regarding such claims to the same extent as a private individual under like circumstances.
United States · United States Congress · 16 May 1989
Directs the U.S. Postal Service to establish procedures to provide that, upon a written request of the head of any unit of general local government, ZIP code boundaries do not cross the boundaries of such general local government unit. Declares that ZIP code areas having the same first five digits shall be considered to have the same ZIP code in order to apply this Act to areas using more than five digits.
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 · 10 May 1989
Military Construction Authorization Act, 1990 and 1991 - Subdivision 1: Fiscal Year 1990 - Title I: Army - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects at specified installations and locations. Authorizes the Secretary to construct or acquire military family housing units, to carry out architectural and engineering services and construction design, and to improve existing military family housing units in specified amounts at specified installations. Authorizes appropriations to the Army for fiscal years beginning after FY 1989 for military construction projects, unspecified minor construction projects, architectural and engineering design services, and for military family housing functions within the Department. Limits the total cost of construction projects authorized by this title. Extends certain FY 1986-1988 military construction projects. Title II: Navy - Authorizes the Secretary of the Navy to acquire real property and carry out military construction projects at specified installations and locations. Authorizes the Secretary to construct or acquire military family housing units, to carry out architectural and engineering services and construction design, and to improve existing military family housing units in specified amounts at specified installations. Authorizes appropriations to the Navy for fiscal years beginning after FY 1989 for military construction, land acquisition, and military family housing functions of the Department. Limits the total cost of construction projects authorized by this title. Title III: Air Force - Authorizes the Secretary of the Air Force to acquire real property and carry out military construction projects at specified installations and locations. Authorizes the Secretary to construct or acquire military family housing units, to carry out architectural and engineering services and construction design, and to improve existing military family housing units in specified amounts at specified installations. Authorizes appropriations to the Air Force for fiscal years beginning after FY 1989 for military construction, land acquisition, and military family housing functions of the Department. Extends certain prior-year military construction projects. Title IV: Defense Agencies - Authorizes the Secretary of Defense to carry out military construction projects and acquire real property in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire military family housing units and to improve existing military family housing units in specified amounts at specified installations. Authorizes the Secretary to use specified FY 1987 through 1990 funds for the construction of conforming storage facilities. Authorizes appropriations to the Department of Defense (DOD) for fiscal years beginning after FY 1989 for military construction, land acquisition, and military family housing functions of the Department. Limits the total cost of construction projects authorized by this title. Authorizes the Secretary to undertake a military construction project at the Portsmouth Naval Hospital, Virginia, under certain conditions. Extends certain prior-year military construction projects. Title V: North Atlantic Treaty Organization Infrastructure - Authorizes the Secretary of Defense to make contributions for the North Atlantic Treaty Organization (NATO) Infrastructure program and authorizes appropriations to the Secretary for fiscal years after 1989 for such contributions. Title VI: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years after 1989 for acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve forces in specified amounts. Title VII: Expiration of Authorizations - Terminates all authorizations contained in titles I through V of this Subdivision on October 1, 1991, or the date of enactment of the Military Construction Authorization Act for FY 1992, whichever is later, with specified exceptions. Subdivision 2: Fiscal Year 1991 - Title I: Army - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects at specified installations and locations. Authorizes the Secretary to construct or acquire military family housing units, to carry out architectural and engineering services and construction design, and to improve existing military family housing units in specified amounts at specified installations. Authorizes appropriations to the Army for fiscal years beginning after FY 1990 for military construction projects, unspecified minor construction projects, architectural and engineering design services, and military family housing functions. Limits the total cost of construction projects authorized by this title. Title II: Navy - Authorizes the Secretary of the Navy to acquire real property and carry out military construction projects at specified installations and locations. Authorizes the Secretary to construct or acquire military family housing units, to carry out architectural and engineering services and construction design, and to improve existing military family housing units in specified amounts at specified installations. Authorizes appropriations to the Navy for fiscal years beginning after FY 1990 for military construction projects, unspecified minor construction projects, architectural and engineering design services, and military family housing functions. Limits the total cost of construction projects authorized by this title. Title III: Air Force - Authorizes the Secretary of the Air Force to acquire real property and carry out military construction projects at specified installations and locations. Authorizes the Secretary to construct or acquire military family housing units, to carry out architectural and engineering services and construction design, and to improve existing military family housing units in specified amounts at specified installations. Authorizes appropriations to the Air Force for fiscal years beginning after FY 1990 for military construction projects, unspecified minor military construction projects, architectural and engineering design services, and military family housing functions. Limits the total cost of construction projects authorized by this title. Title IV: Defense Agencies - Authorizes the Secretary of Defense to acquire real property and carry out military construction projects at specified installations and locations. Authorizes the Secretary to construct or acquire three military family housing units and to improve existing military family housing units in specified amounts at specified installations. Authorizes the Secretary to use specified FY 1987-1990 funds for the construction of conforming storage facilities. Authorizes appropriations to the Department of Defense (DOD) for fiscal years beginning after FY 1990 for military construction, land acquisition, and military family housing functions. Limits the total cost of construction projects authorized by this title. Title V: North Atlantic Treaty Organization Infrastructure - Authorizes the Secretary of Defense to make contributions for the North Atlantic Treaty Organization (NATO) Infrastructure program. Authorizes appropriations to the Secretary for fiscal years after 1990 for such contributions. Title VI: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years after 1990 for acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve forces. Title VII: Expiration of Authorizations - Terminates all authorizations contained in titles I through V of this subdivision on October 1, 1992, or on the date of enactment of the Military Construction Authorization Act for FY 1993, whichever is later, with specified exceptions. Subdivision 3: General Provisions - Increases the amounts to be expended for minor military construction projects not otherwise authorized by law. Amends the Military Construction Authorization Act, 1984 to provide that a contract assuring the occupancy of rental housing owned by DOD may: (1) provide that utilities, trash collection, snow removal, and entomological services will be furnished by the Government to the same extent that such services are provided to other occupants of Government-owned housing; and (2) require that rent collection and the operation and maintenance of the housing be accomplished through the use of separate agreements or the use of Government personnel. Increases the leasing and the high-cost threshold amounts for military family housing as contained in Federal armed forces law. Authorizes the Secretary of the military department concerned to accept volunteer services for a natural resources program operated by that department. Extends through FY 1991 the authority of the Secretary concerned to enter into long-term facilities contracts. Waives a certain per-unit expenditure for improvements to military family housing units for three units for each military department under certain conditions. Transfers to the Secretary of Defense jurisdiction, custody, and control of the operation and maintenance of the Pentagon office building and its related facilities and parking grounds (known as the Pentagon Reservation). Authorizes the Secretary to appoint military or civilian personnel or contract employees to perform law enforcement and security functions for the Reservation. Authorizes the Secretary to promulgate all necessary rules and regulations to ensure the safe, efficient, and secure operation of the Reservation. Provides fines and penalties for violations of such rules and regulations. Repeals a provision of the National Defense Authorization Act for Fiscal Year 1987 authorizing a Pentagon Annex by design. Provides that certain defense contract limitations shall not apply to the acquisition of military construction projects or family housing projects obtained through governments of NATO subsidiary bodies for elements of the armed forces deployed in Europe and adjacent waters. Amends Federal armed forces provisions relating to military family housing leasing to authorize the Secretaries of the Navy and the Air Force to enter into contracts for a specified number of leased family housing units. Authorizes the use of such contracts through FY 1991. Authorizes the Secretary of Defense to transfer certain funds to the Homeowners Assistance Fund, Defense, as determined necessary to extend homeowners assistance benefits to eligible homeowners. Authorizes the Secretary of Defense to enter into cooperative agreements with public or private entities willing to match Federal funds or efforts to maintain and improve natural resources or to benefit natural and historic research on DOD installations. Authorizes the heads of defense agencies (currently, only the Secretaries of the military departments) to use one-step turn-key selection procedures to enter into contracts for the construction of authorized military construction projects. Extends the authority to use such procedures through FY 1991. Revises Federal provisions concerning the authorized cost variations for a military construction project or for the construction, improvement, and acquisition of a military family housing project. Authorizes the Secretary of the Navy to: (1) design and construct a multipurpose facility at Henderson Hall, Arlington, Virginia; (2) accept from the Navy Mutual Aid Association reimbursement for all costs of the design, construction, operation and maintenance of such facility; and (3) lease to the Association at no cost approximately one-third of the square footage of the facility to be constructed. Outlines terms and conditions to such lease.
United States · United States Congress · 9 May 1989
Americans with Disabilities Act of 1989 - Title I: General Prohibition Against Discrimination - Declares that it shall be discriminatory, on the basis of disability, to deny opportunities or to afford them unequally, to provide opportunities less effectively (or differently or separately, unless necessary for effectiveness), to assist an organization or individual that discriminates, or to otherwise limit opportunities enjoyed by others. Prohibits the use of standards, criteria, or administrative methods that have the purpose or effect of discrimination or perpetuate discrimination. Declares it discriminatory to deny equal opportunities because of the relationship or association of an individual with another individual with a disability. Allows as a defense to a charge of discrimination that an application of standards or criteria has been demonstrated to be both necessary and substantially related to the ability of an individual to take advantage of the essential components of the opportunity, and that the taking advantage cannot be accomplished by reasonable accommodations, modifications, or the provision of auxiliary aids or services. Title II: Employment - Prohibits discrimination by any employer, employment agency, labor organization, or joint labor-management committee against any qualified individual with a disability in job application procedures, hiring or discharge, compensation, advancement, training, and other terms, conditions, and privileges of employment. Lists types of actions construed to be discrimination. Makes the remedies set forth in specified provisions of the Civil Rights Act of 1964 and other specified Federal law available to any individual who believes that he or she is being or is about to be subjected to discrimination in violation of this Act. Title III: Public Services - Declares that no qualified individual with a disability shall be excluded from the participation in, denied the benefits of, or subjected to discrimination by a State, or by an agency, political subdivision, or other instrumentality of a State. Lists types of actions deemed, for purposes of this Act and specified provisions of the Rehabilitation Act of 1973, to be discrimination with regard to public transportation. Makes the remedies and rights set forth in specified provisions of the Rehabilitation Act of 1973 available to any individual who believes that he or she is being or is about to be subjected to discrimination in violation of this Act. Title IV: Public Accommodations and Services Operated by Private Entities - Prohibits discrimination on the basis of disability in the enjoyment of any place of public accommodation. Lists types of actions construed to be discrimination. Prohibits discrimination on the basis of disability in public transportation services provided by a private entity that is primarily engaged in transporting people, but that is not in the principal business of air transportation. Lists types of actions construed to be discrimination. Makes specified provisions of the Fair Housing Act relating to enforcement available, subject to exception, to any aggrieved individual. Title V: Telecommunications Relay Services - Defines "telecommunications relay services" to mean services that enable simultaneous communication between individuals who use telecommunications devices for the deaf (TDDs) or other nonvoice terminal devices and individuals who do not use such devices. Declares it discriminatory for any common carrier that offers telephone services to the public to fail to provide interstate or intrastate telecommunication relay services that are equal to those provided to their customers who are able to use voice services, except in any State in which services are provided through an entity designated by the State. Declares it discrimination by a State that makes such a designation if the State fails to provide interstate or intrastate relay services that are equal to those provided to their voice customers. Makes specified provisions of the Fair Housing Act relating to enforcement available, subject to exception, to any aggrieved individual. Requires the Federal Communications Commission to enforce this title. Makes specified provisions of the Communications Act of 1934 apply with respect to the enforcement of this title. Provides for cease and desist orders by the Commission and for monetary penalties. Title VI: Miscellaneous Provisions - Prohibits retaliatory discrimination against any individual because of actions related to this Act. Declares that a State shall not be immune under the 11th Amendment to the Constitution from an action in Federal court for a violation of this Act. Requires the Architectural and Transportation Barriers Compliance Board to issue minimum guidelines to supplement the existing Minimum Guidelines and Requirements for Accessible Design. Allows the awarding of reasonable attorney's fees, in certain circumstances, in any action or proceeding under this Act.
United States · United States Congress · 4 May 1989
Amends part A (Aid to Families with Dependent Children) of title IV of the Social Security Act to require, in order to establish and maintain improved AFDC quality control standards and procedures: (1) each State to collect and submit to the Secretary of Health and Human Services a statistically reliable sample of AFDC cases; (2) the Secretary to review the sample and notify the State of its AFDC overpayment error rate; (3) the Secretary and the State to negotiate and agree upon an error rate determination plan establishing the criteria by which the State will be held accountable for errors; and (4) each State to develop and submit to the Secretary a quality improvement plan for eliminating or reducing errors. Excuses a State from submitting a quality improvement plan if it has consistently had error rates below its error rate tolerance levels. Directs the Secretary to establish procedures for quality control review of AFDC cases and criteria for State quality improvement plans. Requires each State to reimburse the Federal Government to the extent the State's overpayments exceed its overpayment error rate tolerance level. Sets State overpayment tolerance levels pursuant to a formula which takes into account variations among States in population density and caseload volume and composition. Disregards State errors that are technical in nature or result from recent changes in Federal AFDC eligibility criteria or administrative policies. Permits a State to base a request for a reduction of this Act's sanctions upon a showing that it has made a good faith effort to reduce overpayments or that the Secretary incorrectly calculated its overpayment error rate. Directs the Secretary to reduce such sanctions by the amount of State and local funds to be expended under the State's quality improvement plan to reduce errors in a fiscal year. Defines "overpayments" as: (1) payments to ineligible families; and (2) overpayments to eligible families. Makes the preceding quality control standards and procedures effective after FY 1989. Eliminates the backlog of overpayment sanctions applicable to FY 1981 through 1990 by imposing such sanctions only against those States whose error rates exceed a specified amount. Allows such States to appeal the imposition of sanctions on the basis that their quality control record does not reflect a pattern of avoidable misspending of Federal funds. Extends the AFDC quality control program to include cases involving underpayments after FY 1991. Sets forth the formula for determining the State underpayment error rate tolerance level. Requires that States set aside an amount equal to the amount by which its underpayments exceed its underpayment tolerance level and use such amount to increase AFDC payments or improve the administration of the AFDC program. Includes terminations and denials of AFDC eligibility in this Act's data collection and quality control review requirements. Directs the Secretary to develop and report to the Congress, within two years of this Act's enactment, on an improved methodology for measuring a State's performance with respect to inappropriate denials and terminations of AFDC eligibility. Includes, beginning on the first calendar quarter beginning one year or more after submission of the Secretary's report, erroneous denials or terminations of AFDC eligibility within the definition of "underpayments" to which error rate tolerance levels apply. Continues Federal liability to States for erroneous payments of federally-administered State supplements to Supplemental Security Income (title XVI of the Act) benefits.
United States · United States Congress · 4 May 1989
Workforce 2000 Employment Readiness Act of 1989 - Directs the Bureau of Labor Statistics (BLS) to publish reports, including interim reports, on the following employment data: (1) the total number of persons in an occupation group and in the labor force; and (2) the number of such persons, by sex, who are members of each race and ethnic category defined in Directive 15 of the Office of Management and Budget. Requires: (1) one report showing employment data for each occupation group and its hiring area as of April 1, 1990; and (2) further reports with such data as of each tenth year thereafter and any other year in which a mid-decade census is taken. Sets forth requirements for interim reports including deadlines. Requires such reports to include data quality reliability evaluations and recommended improvements. Directs the BLS to publish a biennial survey of compensation of workers, based on data from a representative sample of establishments, by each occupation group and hiring area for that group, broken down by the specified ethnic, racial, and gender categories. Requires each employer to maintain such compensation and other employment records, by employee, as the Secretary of Labor determines are necessary to carry out this Act. Requires maintenance of such records for five years after they are created, unless pending litigation or administrative proceedings require otherwise. Directs the Secretary of Labor to require such records to be maintained by the occupation group and hiring area categories established by the BLS and by the race, ethnic, and sex categories used for the required reports. Authorizes the BLS to require any person or governmental entity to furnish, onsite or offsite, the data and information the BLS needs to carry out its functions under this Act. Makes individually identifiable data and information furnished for such purpose confidential, not to be used for other purposes, and not subject to compulsory process. Sets penalties of fines or imprisonment for failure to keep or provide such data and information. Sets a deadline by which the Bureau of the Census must provide census data necessary for the BLS to perform its functions under this Act. Directs the BLS to establish an advisory council to advise on the implementation of BLS functions under this Act. Terminates such council seven years after its establishment. Directs the Secretary of Labor to report annually to the Congress on implementation of such BLS functions. Requires employers in specified categories covered by this Act to report to an entity jointly designated by the Equal Employment Opportunity Commission (EEOC) and the Assistant Secretary of Labor for Federal Contract Compliance specified employment information relating to affirmative action programs and goals. Requires all employers with 50 or more employees to report such information annually. Requires Federal contractors or subcontractors with more than 50 employees and with contracts, subcontracts, or purchase orders above a specified amount to report additional information annually. Requires construction contractors or subcontractors with ten or more employees and with a Federal or federally-assisted contract or subcontract above a specified amount to report additional information on skilled craft employees monthly. Substitutes such reports for any required under a specified program, Federal regulations, Executive Order 11246, or title VII of the Civil Rights Act of 1964. Directs the Assistant Secretary of Labor for Federal Contract Compliance to: (1) conduct random and systematic audits of such reports; (2) develop and maintain a current list of all contractors required to file them; and (3) report annually to the Congress an analysis of the overall trends they reflect. Requires such report to assess progress of the agency in creating employment opportunities for minorities, women, handicapped individuals, and Vietnam-era veterans. Establishes in the Treasury the Education Improvement Fund. Directs each contracting Federal agency, upon the transfer of any amount of money to a recipient under a contract or other arrangement to which Executive Order 11246 requirements apply, to deduct five-thousandths of such amount and transfer it to the Fund. Reduces such deduction by half in the case of a small business. Provides for reductions of such deduction by the amount contributed by a recipient to programs serving the same purposes as those supported by the Fund. Provides for the allocation of appropriations from the Fund among specified educational programs and activities. Establishes an Advisory Board of the Education Improvement Fund to advise the Secretary of Education with respect to the use of funds for grants to higher education institutions, local education agencies, State education agencies, and vocational education institutions. Directs the Board to: (1) recommend general policies and oversee program operations; (2) appoint panels of distinguished academic scholars to select grant recipients; and (3) report to the Congress at least once every three years on appropriate program modifications. Establishes the Office of the Director of the Fund in the Department of Education. Directs the Secretary of Education to award grants to higher education institutions for undergraduate and graduate scholarships to talented and needy students from underrepresented racial, ethic, or gender groups for career preparation in fields in which they are underrepresented. Limits such grants to one academic year of study and renewal of them to a total period not to exceed five years of undergraduate study and five years of graduate study. Directs the Secretary to give special consideration to awarding grants to historically black colleges and universities, traditionally black higher education institutions, institutions with significant minority populations, and historically female higher education institutions. Requires exclusive use of grant funds for direct scholarship aid to eligible students. Directs the Secretary to award grants to State education agencies, local education agencies, and vocational institutions for more effective programs of instruction for educationally disadvantaged children belonging to specified underrepresented racial, ethnic, and gender groups. Requires use of such grants to strengthen academic skills of such children and prepare them to enter postsecondary programs in fields in which their group is underrepresented and there is a national need. Earmarks certain grant funds also for specified teacher training and retraining programs. Limits grants to one school year of study, with possible annual renewals. Sets forth application and selection requirements. Directs the Secretary to give special consideration to State and local educational agencies in which there is a student population of more than 50 percent educationally disadvantaged children. Requires grant funds to be used for: (1) innovations and improvements in instruction for educationally disadvantaged children from the underrepresented groups; (2) early identification and recruitment of minority and female students to enter fields requiring substantial preparation in mathematics and science, the teaching profession, and other technical fields determined by the Board; (3) assessment of need for minority teachers and planning for current and projected minority teacher shortages; (4) incentive payments to teachers, to encourage minority teacher recruitment and teacher training and retraining in designated fields; (5) midcareer minority entry or reentry into teaching; and (6) workforce development centers composed of consortia of various entities to update teacher skills and prepare underrepresented students for careers in targets areas. Sets forth requirements for preaward review of Federal contractors, applicable in lieu of specified certificates of merit under Executive Order 11246. Prohibits a Federal agency from awarding or otherwise entering into a contract to which the requirements of Executive Order 11246 apply unless the Assistant Secretary of Labor for Federal Contract Compliance has, within the past two years, conducted and approved a preaward review of each pertinent contractor whose contract or subcontract is of a value of $5,000,000 of more. Authorizes the Assistant Secretary to require a preaward review for any other contractor. Authorizes the Assistant Secretary to grant waivers of the preaward review upon certification of the head of the contracting agency that national security and urgent and compelling circumstances require such waiver. Directs the Assistant Secretary to give notice of failure to approve a preaward review to all interested parties. Sets forth a protest procedure for interested parties denied a contract. Provides for administrative enforcement by the Secretary of Labor or the EEOC of this Act and related Executive Orders. Requires treble damages in cases of retaliation for filing a complaint. Requires cancellation, termination, or suspension of the relevant contract or part in cases of repeated failures to comply with an Executive Order or to provide required data. Sets forth civil penalties for violations and provides for judicial review of orders. Prohibits retaliation, including malicious interference with future employment, or discrimination against anyone filing a complaint under these provisions for administrative enforcement. Allows private persons to bring civil actions to obtain appropriate relief, including any relief which would be required by an administrative enforcement order, if they are harmed by a violation of specified Federal laws or orders. Allows the actions against Secretary of Labor to enforce this Act or Executive Order 11246 by any member of the labor force who belongs to a described ethnic, racial, or gender category that is underrepresented in an occupational group in the most recent BLS report. Directs the Secretary to conduct reviews and enforcement in accordance with published rules. Authorizes the Secretary to intervene as a party in such civil actions. Declares that this Act does not affect the availability of any other State or Federal remedies, except that commencing a civil action under this Act bars an individual from commencing one under title VII of the Civil Rights Act of 1964 with respect to the same claim. Directs the Secretary of Labor to coordinate administration of this Act with the contract compliance requirements of State and local government. Prohibits employers from passing through to the Federal Government specified costs incurred under this Act. Establishes the Office of the Assistant Secretary of Labor for Federal Contract Compliance. Vests the functions of the Office of Federal Contract Compliance Programs in such Assistant Secretary. Gives the force and effect of law to specified portions of Executive Order 11246, and related regulations, which mandate enforcement of nondiscrimination and affirmative action requirements in Federal contracts through the Department of Labor's Office of Federal Contract Compliance Programs. Prohibits modification or abrogation of such portions of that order and such regulations except by Act of Congress. Provides that any provision of such order or regulations inconsistent with this Act shall have no further force or effect to the extent of that inconsistency. Directs the Secretary of Labor, within 90 days, to report to the Congress a schedule for implementation of data collection and employer reports provisions of this Act. Requires full implementation within four years, except as otherwise provided. Defines "employer" as defined under title VII of the Civil Rights Act of 1964, but also including any contractor with 15 or more employees.
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
Excellence in Government Management Act of 1989 - Includes as a condition for designating a civil service position as a career reserved position (one reserved for a career appointee) that such position must have the principal responsibility of managing career employees. Provides that calculations of the number of noncareer appointees be based upon the number of senior executives employed in the Senior Executive Service during the preceding fiscal year. Limits the maximum number of positions excepted from competitive service because of their confidential or policy-determining character to 1000. Restricts such limitation to positions for which the basic pay is GS-13 or above. Directs the Office of Personnel Management (OPM) to report to specified congressional committees with respect to any individual who is appointed to a position within the competitive service or to the Senior Executive Service as a career appointee if, at any time during the six-month period ending on the effective date of the appointment, such individual served under a noncareer appointment in any agency, including the Executive Office of the President. Directs OPM to establish a qualifications review board to certify the executive qualifications of candidates for initial appointment as career appointees. (Currently OPM has the authority to establish one or more such boards.) Directs OPM to establish a qualifications review board to certify the executive qualifications of candidates for initial appointment as noncareer, limited term, or limited emergency appointees. Authorizes an agency to pay from its appropriations a geographic relocation benefit to any career appointee reassigned to a Senior Executive Service position outside the career appointee's commuting area, if such individual agrees to serve in the Government for 12 months after such reassignment. Authorizes the payment of such benefit for any career appointee who is transferred to another position in a different agency. Authorizes the President to prescribe regulations under which an agency may enter into an agreement with a career appointee to pay relocation benefits when such appointee is ready to retire. Provides that any days (not to exceed 60 days) during which a career appointee serves a detail or other temporary assignment apart from such appointee's regular position shall not be counted in determining the number of days that have elapsed from such individual's initial appointment. Directs OPM to provide appropriate informational services and otherwise encourage career appointees to take advantage of any opportunities relating to: (1) sabbaticals; (2) training; or (3) details or other temporary assignments in other agencies, State or local government, or the private sector. Changes from biennial to annual the report by OPM to the Congress on the Senior Executive Service. Requires the OPM to include in such report information on applications for sabbaticals. Authorizes agencies, under guidelines established by OPM, to establish a fellowship program for individuals pursuing post-secondary degrees in fields of study for which the Government requires proficiency or expertise. Sets forth general requirements, including work requirements, for participation in such program. Directs OPM to establish regulations for training programs for members of the Senior Executive Service, supervisors, and management officials. Requires the Director of OPM to establish a training program designed to acquaint noncareer appointees with government operations, civil service procedures, public management practices, and ethical standards for public servants. Provides for adjusting the presidential rank award amounts by percentage adjustments in the rates of pay under the General Schedule. Requires the Director to establish and periodically consult with: (1) a panel of career appointees recognized for their knowledge, interest, and experience with respect to matters of executive management or for the excellence of their performance as senior executives; and (2) a panel of employees holding career appointments in the civil service and recommended by labor organizations or other organizations representing the interests of employees. Declares that any payments made under this Act shall be effective only to such extent or in such amounts as are provided for in advance by appropriation Acts.
United States · United States Congress · 27 April 1989
Overseas Base Closure and Realignment Act of 1989 - Establishes the Commission on Realignment and Closure of Bases Outside the United States. Requires the Commission to make recommendations with respect to the realignment or closure of U.S. military installations outside the United States and report to the Secretary and specified congressional committees the results of such recommendations. Directs the Secretary of Defense to: (1) close all military installations located outside the United States and recommended for closure by the Commission on Realignment and Closure of Bases Outside the United States; (2) realign all military installations located outside the United States and recommended for realignment by the Commission; and (3) initiate such closure or realignment no later than the earliest date on which the United States may, pursuant to treaty or other agreement with the foreign country concerned, close or realign the military installation concerned. Prohibits the Secretary from carrying out any closure or realignment under this Act unless: (1) no later than March 15, 1990, the Secretary has reported to the Senate and House Armed Services Committees that the Secretary has approved and will implement all closures and realignments recommended by the Commission; and (2) the Commission has recommended such closures or realignments and has reported such recommendations to the Committees. Prohibits the Secretary from carrying out any such closure or realignment if a joint resolution is enacted disapproving the recommendations of the Commission within a specified time. Directs the Secretary, in closing or realigning a military installation under this Act, to carry out any actions necessary to implement such closure or realignment. Waives, for purposes of this Act, any provision of law restricting the use of funds for closing or realigning military installations included in any appropriation or authorization Act. Establishes in the Treasury the Department of Defense Overseas Base Closure Account. Provides that, when a decision is made to use funds in the Account to carry out a construction project and the cost of such project will exceed the maximum amount authorized by law for a minor construction project, the Secretary shall notify the appropriate congressional committees of the nature of, and justification for, such project and the amount of expenditures for the project. Directs the Secretary, as part of each annual budget request for the Department of Defense, to transmit to the appropriate committees of the Congress: (1) a schedule of the closures and realignments to be carried out under this Act and the cost savings to be achieved; and (2) a description of the military installations to which functions are to be transferred as a result of such closures and realignments. Directs the Secretary to report to the appropriate congressional committees the amount and nature of deposits into, and expenditures from, the Account during the prior fiscal year. Outlines the legislative process for the consideration of Commission recommendations by way of a joint resolution in the Congress.
United States · United States Congress · 26 April 1989
Amends the Federal Meat Inspection Act to authorize the distribution of a meat article or animal without charge to nonprofit private entities or to State, local, and Federal entities engaged in the distribution of food without charge to individuals, if the article or animal: (1) is in violation of the Act; (2) has been seized and condemned; (3) is capable of use as a human food; and (4) has been inspected under the Act. Relieves the United States and the person from whom the meat was seized and condemned from legal responsibility for the article or animal if it was found after inspection under the Act to be capable of use as a human food.
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 accounting provisions of the Internal Revenue Code to permit licensed used automobile dealers to use the installment method in connection with retail sales of any automobile that is more than three years old at the time of the sale if: (1) the sales price is $6,000 or less; and (2) the installment obligation arises solely from the sale in question and has a term of 36 months or less.
United States · United States Congress · 18 April 1989
Employee Educational Assistance Act of 1989 - Repeals provisions of the Internal Revenue Code that: (1) terminated the income tax exclusion of amounts paid under employee educational assistance programs as of tax year 1989; and (2) deny benefits in connection with graduate work.
United States · United States Congress · 18 April 1989
Amends the Internal Revenue Code to disallow an income tax deduction for business expenses incurred as removal or liability costs resulting from a spill or other discharge of oil being transported by or for the taxpayer from a vessel onto waters subject to the Clean Water Act. Excludes discharges 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. Applies this deduction denial retroactively with respect to amounts incurred in taxable years 1989 and thereafter.
United States · United States Congress · 13 April 1989
Prohibits U.S. military or security assistance to Zaire under the Arms Export Control Act or the Foreign Assistance Act of 1961. Limits U.S. economic assistance to Zaire under the Foreign Assistance Act of 1961 and the Agricultural Trade Development and Assistance Act of 1954 to assistance that benefits the majority, is for humanitarian purposes, and is channeled through private and voluntary organizations. Authorizes the President to suspend or modify any prohibition or limitation under this Act 30 days after the President determines, and notifies specified congressional committees, that the Government of Zaire has made progress towards fulfilling certain human and political rights. Requires the U.S. representatives to international financial institutions to raise the issues of human rights violations and misuse of funds in Zaire.
United States · United States Congress · 13 April 1989
United States Peace Tax Fund Act - Amends the Internal Revenue Code to establish in the Treasury the United States Peace Tax Fund (Fund) to receive payments designated on the tax returns of qualified individuals to be used for nonmilitary purposes. Directs the Secretary of the Treasury to report annually to the Congress on amounts transferred into the Fund. Requires the information to be printed in the Congressional Record. Permits conscientious objectors to designate on their income tax returns that any tax liability be paid into the Fund. Makes this designation procedure available to any individual who has demonstrated himself or herself, by reason of religious training and belief, to be opposed to participation in war in any form. Requires that each publication of general instructions accompanying income tax returns include specified information about the Fund, including the purposes of the Fund and the criteria governing one's eligibility to designate tax payments for it. Requires every taxpayer who makes such a designation for any taxable year to file a questionnaire return for the purpose of determining whether the taxpayer is an eligible individual. Permits the setting aside of criminal or civil penalties imposed upon a taxpayer for nonpayment of tax prior to 1990 if the taxpayer pays the tax due (with interest) and establishes to the satisfaction of the Secretary of the Treasury that the nonpayment was due to religious beliefs. Authorizes corresponding procedures in connection with estate and gift tax payments, under conditions prescribed by the Secretary of the Treasury. Directs the Comptroller General to determine the percentage of actual appropriations made by the United States from the Federal budget during the preceding year for military purposes. Requires publication of this information in the Congressional Record. Establishes a United States Peace Tax Fund Board of Trustees to distribute funds for eligible nonmilitary activities and research. Directs the Board to publish regulations to govern applications for funds. Authorizes appropriations.
United States · United States Congress · 13 April 1989
Authorizes the Raoul Wallenberg Tribute Committee to establish a work to honor Raoul Wallenberg on Federal land in the District of Columbia or its environs. Prohibits the United States from paying any expense of the establishment of the work.
United States · United States Congress · 13 April 1989
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
Government Contractor Whistleblower Protection Act of 1989 - Prohibits a Federal contractor from taking reprisal actions against its officers or employees for disclosing information to a Federal agency regarding performance of a contract with such agency which indicates: (1) a violation of law; or (2) mismanagement, gross waste of funds, abuse of authority, or a danger to public health or safety. Sets forth civil penalties and remedies for violations of this Act.
United States · United States Congress · 12 April 1989
Older Americans Child Care Employment Amendments of 1989 - Amends the Older Americans Community Service Employment Act to require the Secretary of Labor to enter into agreements with public or private nonprofit agencies or organizations for the conduct of no more than 100 experimental projects employing individuals who are age 55 or older in providing day care to children. Requires that such agencies or organizations: (1) receive one-third of their funding from non-Federal sources; (2) charge families a day care fee which is proportional to their financial resources; (3) provide day care in facilities other than private residences; and (4) be subject to the most comprehensive State licensing requirements or regulatory standards applicable to similar day care providers in the State. Prohibits the making of grants pursuant to this Act to more than two agencies or organizations in each State in any fiscal year. Authorizes appropriations for such projects.
United States · United States Congress · 12 April 1989
Provides an exemption from the reduction in retirement pay because of reemployment for Federal annuitants and former members of a uniformed service who become reemployed with a temporary position within the Bureau of the Census to assist in carrying out the 1990 decennial census.
United States · United States Congress · 6 April 1989
Missing Service Personnel Act of 1989 - Requires the responsible uniformed service commander, after receiving notice that a person under his command is missing, to conduct an informal investigation to determine such person's whereabouts and, if appropriate, to place such person in a missing status. Requires the commander, if a person has been placed in such status, to notify the officer holding general court-martial authority over such person (or, in the case of a missing civilian, the Secretary concerned), who shall convene a board of initial inquiry within 45 days. Requires such board to: (1) investigate evidence relating to the disappearance of such person; (2) recommend whether to continue such person in a missing status or make a finding that such person has deserted, is absent without leave, or is dead; and (3) report its recommendations and findings. Provides for the convening of a board of further inquiry, if a board of initial inquiry recommends that such person be continued in a missing status, within one year of such recommendation. Requires such board to analyze any information which has become available since the board of initial inquiry issued its report, to determine whether such person should be continued in a missing status or declared dead, and to report its findings. Directs the Secretary concerned, upon the written request of a member of the immediate family of a missing person who, before the date of the enactment of this Act, was determined by the Secretary to be dead, to: (1) convene a board of further inquiry to determine whether such finding of death should be upheld or such person should be placed in a missing status; and (2) report its findings. Requires the Secretary, within three years after a board of further inquiry recommends a missing status for any person, to reconvene such board to review such status. Specifies the composition of such boards. Directs the Secretary to invite each member of the immediate family of the missing person to the meetings of a board of initial inquiry unless attendance would place such member in danger. Requires the Secretary to: (1) invite family members of missing persons to meetings of boards of further inquiry; (2) schedule such meetings at convenient locations and times; (3) provide such family members with reasonable notice of such meetings; and (4) open such meetings to the general public. Authorizes each board to hold meetings, take testimony, receive evidence, and secure directly from any U.S. department or agency any information necessary to carry out its duties. Provides for the appointment of counsel by the officer or Secretary concerned to represent the missing person. Requires that, if a board determines that a missing person is dead, it shall include in its report a detailed description of the location and date of death, whether the body has been recovered, and whether a licensed practitioner of forensic medicine determined that the body recovered is that of the missing person. Prohibits any such board from declaring a missing person dead unless: (1) evidence other than the passage of a period of less than 50 years suggests that such person is dead; (2) no evidence which reasonably suggests that such person is alive is in the possession of the Government; (3) representatives of the Government have made a complete search of the area where such person was last seen (unless the United States is not granted access to such area); and (4) Government representatives have checked the records of the government or entity having control over the area where such person was last seen (unless the Government is not granted access to such records). Provides for judicial review of determinations of death upon the filing of a written petition by any member of the missing person's immediate family. Directs the Secretary of the uniformed service in which a missing person serves to make certain that such person's personnel file contains all information in the possession of Federal departments and agencies pertaining to the disappearance or whereabouts of such person. Requires the Secretary to make certain that, if classified information is withheld, such file contains: (1) a notice that the information exists; and (2) a notice of the date of the most recent review of the classification status of the information. Sets forth penalties for knowingly withholding information pertaining to the disappearance or whereabouts of a missing person from that person's personnel file. Requires the Secretary concerned to make the contents of such file available to a member of the immediate family of such person upon written request.
United States · United States Congress · 5 April 1989
United States-Mexico Border Regional Development Act of 1989 - Provides Federal assistance for economic and human resource development to the State and local governments in the U.S.-Mexico border region of Arizona, California, New Mexico, and Texas. Defines such region as the area of the United States within 150 miles of the Mexican border, excluding any standard metropolitan statistical area with a population exceeding 1,000,000. Title I: The United States-Mexico Border Regional Commission - Establishes the United States-Mexico Border Regional Commission (the Commission). Sets forth provisions for Commission membership, voting, and duties. Directs the Commission to: (1) review and approve applications for assistance for development projects in the region; (2) develop comprehensive and coordinated regional development plans and programs and priorities for their implementation; (3) provide for research and assessments of regional development needs and resources; (4) provide for technical assistance, training programs, and development projects to foster regional (and special need area) productivity and growth; (5) provide for construction of necessary facilities; (6) review, study, and recommend appropriate modifications of public and private development plans for the region; (7) provide assistance for the State development planning process in the region and the coordination of such planning with other Federal and State laws; (8) formulate and recommend appropriate interstate compacts and cooperation; (9) work with State and local agencies in developing appropriate model legislation concerning the region; (10) encourage formation of and assist local development districts; (11) encourage private investment in industrial, commercial, and recreational projects in the region; (12) coordinate development projects in the region; and (13) provide a forum for consideration of regional problems and proposed solutions, establishing and using, as part of such forum, citizens and special advisory councils and public conferences. Authorizes the Commission, in carrying out such duties, to designate areas in the region as being in special need of development assistance, specifying the characteristics of each such area that led to such designation. Limits the amount of the Commission's administrative expense payment to a local development district to 75 percent of the district's administrative expenses for a fiscal year. Limits such payment period to three years in the case of a nonprofit agency or instrumentality of a State which is certified as a local development district, or any local development district succeeding such district. Sets forth provisions for public participation and Commission recordkeeping. Authorizes the Commission to make recommendations to the President, the Congress, State Governors, and local governments in the region regarding: (1) expenditure of public funds in fields related to the purposes of this Act, such as natural resources, agriculture, education, training, health and welfare, and housing; and (2) enactment of additional legislation, and issuance of rules, necessary to further the purpose of this Act. Directs the President to provide for liaison between the Commission and other Federal entities. Authorizes the Commission to provide for liaison between the Commission and the Government of the Republic of Mexico. Sets forth provisions for the administrative expenses of the Commission. Requires member States to contribute payments for part of such expenses. Provides for Federal payment of certain salaries. Authorizes appropriations. Authorizes the President to make grants to the Commission to: (1) undertake or support research and assessment, technical assistance, training, demonstration projects, and construction of necessary facilities; (2) provide funds to member States for up to two years to strengthen the State development planning process for the region and the coordination of such planning with requirements imposed by other Federal and State laws; and (3) pay administrative expenses of local development districts, including expenses for development of economic development plans and programs for the area served and for technical assistance for persons implementing such plans and programs. Sets forth annual reporting requirements for each recipient of Federal assistance under this Act and for the Commission. Title II: Development Programs for the Region - Directs the Secretary of Health and Human Services (HHS) to make grants for planning, constructing, equipping, and operating demonstration health projects approved by the Commission, including projects for hospitals, regional diagnostic and treatment centers, community health centers, and other health facilities, and for provision of services, including nutrition and child care services, not readily available in the region. Prohibits taking such grants into account in computing any allotment or payment to a State under any other law. Sets forth provisions relating to the amounts, uses, and eligibility for construction and equipment grants, operating grants, and planning grants. Directs the Secretary of the Army to prepare a comprehensive plan for the development and efficient utilization of the water resources of the region for a variety of uses from hydroelectric power to recreation. Authorizes the Secretary to recommend to the Commission demonstration water projects to increase the supply of potable water for people in the region. Directs the Secretary to submit the plan for Commission review. Directs the Commission to submit the plan, with its recommendations, to the President, who shall transmit it with appropriate recommendations, to specified congressional officers. Authorizes the Secretary to enter into contracts necessary to prepare the plan. Authorizes appropriations. Sets forth provisions for assistance for community development and housing in the "colonias" for FY 1990 through 1992. Defines "colonia" as any identifiable community: (1) in a member State; (2) in the U.S.-Mexico border region; (3) designated as a colonia by the State or county; (4) determined to be a colonia on the basis of objective criteria, including the lack of potable water supply, adequate sewage systems, and decent, safe, sanitary housing; and (5) in existence and generally recognized as a colonia before enactment of this Act. Sets forth provisions for community development block grant assistance for colonias. Directs each member State to set aside specified funds for activities designed to meet the needs of residents of colonias in the State relating to water, sewage, and housing. Provides that such funds shall be reserved from each member State's Small Cities Community Development Block Grant allocation under the Housing and Community Development Act of 1974, as follows: (1) ten percent of such allocation for FY 1990; and (2) an appropriate percentage, up to ten percent, for each of FY 1991 and 1992, as determined by the Secretary of Housing and Urban Development after consultation with representatives of the interests of eligible residents of the colonias. Allows such assistance to be used for: (1) various specified planning activities related to community development and housing; and (2) the payment of assessments for public improvements levied against properties owned and occupied by persons of low and moderate income. Requires a distribution plan for such assistance to: (1) give priority to colonias with the greatest need; and (2) be developed by the Commission (or by the State, prior to the Commission's plan) in consultation with colonia residents and representatives of their interests. Sets forth provisions for rural housing assistance for colonias. Directs the Secretary of Agriculture to give priority for assistance to colonias when in considering applications for Rural Housing Assistance under title V of the Housing Act of 1949 for any of FY 1990, 1991, or 1992. Makes the definition of rural areas under such Act inapplicable in the case of colonia assistance. Makes specified provisions of this Act relating to applications for assistance and labor standards inapplicable to community development or rural housing assistance to colonias. Directs the Secretary of Education to make grants for demonstration vocational education projects, approved by the Commission, to construct, equip, and operate new and other school facilities needed to provide vocational education in areas of the region where such facilities are not adequate. Directs the Secretary to make grants to public entities for planning, constructing, equipping, and operating approved demonstration education projects to improve education services and programs in the region. Directs the Commission to give priority to any such projects that include; (1) vocational and technical education; (2) career education; (3) adult education; (4) guidance and counseling; and (5) bilingual education. Sets forth limits for construction and equipment grants, operation grants, and planning grants. Prohibits taking such grants into account in computing allotments or payments to a State under any other law. Directs the Administrator of the Environmental Protection Agency to make grants to assist projects approved by the Commission to construct sewage treatment works in the region. Prohibits taking such grants into account in computing allotments or payments to a State under any other law. Provides for supplements to certain Federal grants, to enable persons in the region, including local development districts, to receive Federal matching share grants for which they are ineligible solely because they cannot supply the required matching funds or for which insufficient funds are available. Authorizes the President to provide funds to the Commission chairperson to assist: (1) persons in the region to supply required matching funds (which will not be considered Federal funds); and (2) Federal officials to make matching share grants under Federal laws for which insufficient funds are available, for projects in the region. Requires States to maintain their current expenditures for the benefit of areas in the region, with specified exceptions. Declares that this Act does not require a State to participate in or carry out any project under this Act without its consent. Provides for the State developing planning process, including submission of State plans by certain Commission members and requirements for plan preparation and components. Sets forth requirements for entities which State Governors or their designees may certify to the Commission as local development districts. Provides for review and approval by the Commission of applications for assistance under this Act. Bars use of funds under this Act to: (1) assist a person to relocate a business establishment from one State to another; (2) finance the cost of creating industrial facilities, commercial facilities, equipment, or working capital; (3) enable subcontractors to undertake work previously performed in another State by other subcontractors or contractors; or (4) finance the cost of facilities for the generation, transmission, or distribution of electric energy. Prohibits funds under this Act from being expended to assist any scientific or technological research or development project unless such expenditure is conditioned upon provisions to ensure that all information, copyrights, uses, processes, patents, and other developments resulting from such project will be made freely available to the general public. Directs the Attorney General to enforce such requirement in the appropriate U.S. district court. Title III: Authorization of Appropriations and Miscellaneous Provisions - Authorizes appropriations to carry out this Act not otherwise authorized. Sets aside 50 percent of such funds to carry out provisions for research and development projects, assistance to States, and administrative expenses of local development projects, and for supplements to certain Federal grants. Sets forth applicable labor standards. Requires that all laborers and mechanics employed by contractors or subcontractors in any construction, alteration, or repair (including painting and decorating) for which funds are provided under this Act shall be paid wages at the prevailing rate for similar work in the locality, as determined by the Secretary of Labor in accordance with the Davis-Bacon Act.
United States · United States Congress · 5 April 1989
Emergency Phone System Equal Access Act - Amends the Communications Act of 1934 to require that any telecommunication system that is operated by a provider of public safety services, used to provide public safety emergency answering services, and manufactured, imported, or installed in the United States more than one year after the enactment of this Act be readily accessible to hearing- and speech-impaired individuals.
United States · United States Congress · 23 March 1989
Education of the Blind Act of 1989 - Amends Federal law relating to the education of the blind to permit the American Printing House for the Blind (APHB) to acquire from other suppliers books and other educational materials for the blind which it distributes to schools. (Current law only allows distribution of materials manufactured by APHB.)
United States · United States Congress · 23 March 1989
Nuclear Weapons Production Health and Safety Act of 1989 - Title I: Nuclear Weapons Production Health and Safety Board - Establishes as an independent agency in the executive branch the Nuclear Weapons Production Health and Safety Board (the Board) whose function is to establish environmental protection and public and occupational health and safety standards for Department of Energy (DOE) nuclear facilities. Empowers the Board to investigate: (1) any event at a DOE nuclear facility posing a threat to the environment or to the public health and safety; and (2) nuclear materials transportation to and from such facilities which may pose threats. Directs the Board periodically to review the design and operation of such nuclear facilities to determine ways to enhance environmental and public protection. Requires the Board to report to the Congress and the Secretary of Energy (the Secretary) after each review and investigation with recommendations for improved safety measures. Requires the Board to maintain an onsite investigatory and review staff at each facility. Authorizes the Board to issue subpoenas and administrative orders compelling compliance with its standards and with Federal and State standards. Requires the Board to submit a written notice to the Secretary to abate any facility activity which presents imminent and substantial danger to the environment and public health. Sets forth civil penalties for non-compliance with the Board's administrative orders. Requires the Board to establish procedures for petitions by citizens for Board action with respect to matters within its purview. Authorizes the Board to enter into agreements with the States providing for discontinuance of the Board's regulatory authority during the period in which the State assumes such authority. Requires the Board to: (1) periodically review such agreements to ensure compliance with this Act; and (2) make grants to an agreement State to cover the costs of program implementation. Authorizes appropriations for FY 1990 through 1994. Terminates the Board and the requirements of this title after six years. Requires the Board to report to the Congress five years after enactment of this Act regarding the efficacy of its oversight and regulatory activities. Title II: Licenses for Department of Energy Nuclear Facilities - Prohibits any DOE facility from commencing operations unless it has received a license from the Board issued pursuant to environmental and public health safety standards compatible with this Act. Title III: EPA Authority - Amends the Clean Water Act to include within the definition of "pollutant" any byproduct, source, and special nuclear material. Amends the Solid Waste Disposal Act to exclude source, special nuclear, or byproduct materials from the definition of "solid waste" unless such materials are a part of any mixture or combination comprising a solid waste. Title IV: Radiation Research Reorganization Act of 1989 - Radiation Research Reorganization Act of 1989 - Transfers to the Secretary of Health and Human Services the authority of the Secretary of Energy to conduct epidemiological studies of the effects of radiation. Mandates that such authority be exercised through the Director of the Centers for Disease Control with respect to health effects of radiation in places of employment. Establishes an advisory panel to be appointed by the Secretary of Health and Human Services to advise such Secretary in implementing the epidemiological studies. Title V: Department of Energy Safety and Environmental Responsibility - Transfers to the DOE Assistant Secretary assigned to environmental responsibilities and functions all functions and responsibilities relating to nuclear facilities cleanup and compliance with safety and environmental standards. Amends the Department of Energy Organization Act to establish within DOE a Chief Safety Officer, appointed by the President, by and with the advice and consent of the Senate, who shall not be under the control or supervision of any other DOE officer, to: (1) advise the Secretary regarding DOE safety management; (2) monitor DOE and contractor safety performance; (3) enforce safety policies; (4) advise the Secretary on DOE budget allocations for safety measures; and (5) report annually to the Congress on DOE safety programs.
United States · United States Congress · 23 March 1989
Trauma Care Systems Planning and Development Act of 1989 - Amends the Public Health Service Act to create a new title on trauma care. Authorizes the Secretary of Health and Human Services to make grants and enter into cooperative agreements and contracts with respect to trauma care to: (1) conduct and support research, training, evaluations, and demonstration projects; (2) foster development of trauma care systems; (3) collect and disseminate information; (4) provide technical assistance to State and local agencies; and (5) sponsor workshops and conferences. Directs the Secretary to establish the Advisory Council on Trauma Care Systems. Declares that, notwithstanding provisions of the Federal Advisory Committee Act, the Council shall continue in existence until otherwise provided by law. Directs the Secretary to make an allotment for each State for each fiscal year for developing, implementing, and monitoring the modifications to the trauma-care component of the State plan for the provision of emergency medical services. Requires non-Federal matching contributions (in cash or in kind) in specified ratios for fiscal years after the first fiscal year of payments. States that such component of the State plan will be modified with regard to: (1) trauma care regions, centers, and systems; (2) triage and transport of children; (3) accreditation and evaluation; (4) data reporting and analysis systems; (5) procedures for paramedical personnel to assess the severity of injuries; (6) transportation and transfer policies; (7) public education; (8) coordination and cooperation; and (9) other matters. Requires States to adopt guidelines for the designation of trauma centers, and for triage, transfer, and transportation policies, equivalent to the applicable guidelines developed by the American College of Surgeons and by the American College of Emergency Physicians. Authorizes the Secretary, after public notice and an opportunity for comment, to waive the requirement of adoption of such guidelines. Mandates that States: (1) require each trauma center to provide certain information to the State emergency medical system annually; (2) submit to the Secretary, at least annually, the information it receives from its data reporting and analysis system; and (3) identify and submit to the Secretary a list of rural areas lacking certain emergency medical services. Sets forth restrictions on the use of State allotments. Requires an annual report from each State to the Secretary. Sets forth a formula for determination of the amount of allotments. Provides for: (1) repayment and offset for failure to use funds as agreed; (2) criminal penalties for certain false statements; (3) technical assistance and provision of supplies and services by the Secretary in lieu of grant funds; and (4) a report by the Secretary to the Congress. Authorizes appropriations for FY 1990 through 1992. Directs the Secretary of Health and Human Services to conduct studies to: (1) identify programs established by States in order to reimburse trauma care centers and other health care providers for the uncompensated provision of health care; and (2) determine the adequacy and appropriateness of the reimbursements provided to trauma centers and ambulance service providers under title XIX (Medicaid) of the Social Security Act.
United States · United States Congress · 22 March 1989
Child Investment and Security Act of 1989 - Title I: Prenatal Care - Amends title XIX (Medicaid) of the Social Security Act to phase-in mandatory State coverage of pregnant women and infants whose family income is below 200 percent of the Federal poverty level. Includes prenatal and postpartum home visitation services within such coverage. Deducts child and medical care costs from the income eligibility test. Requires the continuation of such coverage for women through the month in which the 60-day post-partum period expires, and for infants throughout their first year of life. Requires that States make ambulatory prenatal care available to a pregnant woman during a presumptive eligibility period which ends when she is determined to be ineligible for Medicaid benefits or 14 days after she is determined to be eligible, but fails to apply. Requires that States submit information to the Secretary of Health and Human Services, by April 1 of each year, pertaining to the supply of and demand for obstetrical and pediatric services and proposed Medicaid payment rates for such services so that the Secretary may determine whether such rates are sufficient to ensure that obstetrical and pediatric services will be at least as available to Medicaid beneficiaries as they are to the general population. Requires States to immediately revise rates determined to be insufficient. Amends title V (Maternal and Child Health Services) of the Act to increase authorized appropriations for the Maternal and Child Health Services Block Grant Program. Sets aside such additional appropriations for the expansion of prenatal care services for pregnant women and infants in target populations which include pregnant women and infants who are economically disadvantaged and who reside within areas or among populations suffering disproportionately high levels of infant mortality and inadequate maternity and infant care. Amends the Public Health Service Act to increase and permanently extend authorized appropriations for grants to community and migrant health centers for services promoting the reduction of infant mortality and the management of health services for pregnant women and infants. Title II: Preventive Child Health - Amends the Medicaid program to phase-in mandatory coverage of children under age eight whose family income is below 200 percent of the Federal poverty level. Requires States to receive and process the Medicaid applications of such children at locations which include locations other than those used for applications under part A (Aid to Families with Dependent Children) of title IV of the Act. Amends the Public Health Service Act to authorize appropriations for FY 1990 through 1993 for supplemental grants to public entities for the inclusion of immunization training and outreach services within their immunization programs. Title III: Special Supplemental Food Program for Women, Infants, and Children - Amends the Child Nutrition Act of 1966 to require the Secretary to allocate specified funds among States from FY 1990 through 1993 under the special supplemental food program for women, infants, and children (WIC). Title IV: Early Childhood Education - Amends the Head Start Act to increase and extend, through FY 1993, authorized appropriations for Head Start programs. Title V: Application Process for Certain Forms of Federal Assistance with Respect to Child Health - Directs the Secretary to develop a plan, to be implemented within nine months of this Act's enactment, for the use of a single, standardized application form for simultaneously requesting assistance for children under age six under the Social Security Act, the Public Health Service Act, the Child Nutrition Act of 1966, and the Head Start Act.
United States · United States Congress · 21 March 1989
Title I: Statehood Centennial Coin - Statehood Centennial Commemorative Coin Act of 1989 - Directs the Secretary of the Treasury to mint and issue not more than a specified number of one-dollar silver coins and five-dollar palladium coins in commemoration of the 100th anniversary of the statehood of Idaho, Montana, North Dakota, South Dakota, Washington, and Wyoming. Sets forth certain features of such coins and provides for their design, issuance, and sale. Requires the Secretary to provide a specified amount of all surcharges to the Documents West exhibition program with the remaining amount of surcharges to be deposited in the Treasury to be used to reduce the national debt. Requires the Secretary to obtain silver for the one-dollar coins only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. Requires the Secretary to obtain palladium for the five-dollar coins by purchase of palladium mined and refined in the United States. Grants the Comptroller General the right to examine records and other data of the Idaho Centennial Commission. Title II: Silver Proof Sets - Silver Coin Proof Set Act - Authorizes the Secretary to mint and issue silver coin proof sets. Sets forth certain specified features of such coins and provides for their sale to the public. Requires the Secretary to obtain silver for such coins by purchase from stockpiles established under the Strategic and Critical Materials Stock Piling Act and from Treasury stocks on hand.
United States · United States Congress · 21 March 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 · 20 March 1989
Africa Famine Recovery and Development Act - Amends the Foreign Assistance Act of 1961 to add a chapter dealing with Africa Famine Recovery and Development. Authorizes the President to provide project and program assistance for long-term development in sub-Saharan Africa. Requires the purpose of such assistance to be to help the poor majority of men and women in sub-Saharan Africa to participate in a process of long-term development through economic growth that is equitable, participatory, environmentally sustainable, and self-reliant. Provides that such assistance should also encourage private sector development and promote individual initiatives and help to reduce the role of central governments in areas more appropriate for the private sector. Declares that the general authorities and policies of the development assistance provisions of such Act apply to this Act. Requires the agency primarily responsible for administering development assistance programs (responsible agency) to: (1) take into account the local-level perspective of the rural and urban poor in sub-Saharan Africa during the planning and review of annual country planning documents for project assistance under this Act; (2) make available funds for a significant long-term expansion of development efforts by private and voluntary organizations which have demonstrated effectiveness in or commitment to the promotion of local grass-roots activities on behalf of long-term development in sub-Saharan Africa; and (3) consult with other organizations in order to identify relevant private and voluntary organizations. Encourages the responsible agency to review procedures for the development and evaluation of projects to be carried out by private and voluntary organizations and to simplify such procedures wherever appropriate. Requires the close consultation and involvement of local people in projects that have a local focus. Requires the responsible agency to ensure the participation and integration of African women in development projects assisted by this Act. Requires that the views of women as well as men be ascertained and factored into decisions relating to development activities which affect them. Requires the responsible agency to use the program assistance provided by this Act to: (1) meet the need for maintenance and rehabilitation within the critical sectoral priorities for long-term development; and (2) promote reform of national economic policies to support these priorities. Sets forth examples of national economic policy reforms which can be supported by assistance provided by this Act. Requires such reforms to include provisions to protect vulnerable groups, especially poor farmers and the urban poor, from possible negative consequences of such reforms. Requires assistance for such reforms to take account of the need for adjustments should recurrence of drought make it impossible to achieve the goals of the reforms. Designates as the critical sectoral priorities for long-term development: (1) increased agricultural production and the maintenance and restoration of renewable natural resources; (2) improved health conditions; (3) voluntary family planning services; (4) improved relevance and efficiency of education; and (5) development of income generating opportunities for the unemployed and underemployed. Imposes minimum levels of assistance for certain critical sectors. Directs the responsible agency to provide support for strengthening and developing selected African higher education institutions in order to address the problems of food production and distribution. Prohibits the responsible agency from using less than specified amounts for in-country natural resources and environmental training in sub-Saharan Africa. Requires the responsible agency to formulate coherent country development assistance strategies. Sets forth information such strategies must analyze and address. Requires the assistance provided under this Act to be concentrated in countries that will make the most effective use of such assistance. Specifies uses for local currencies generated by assistance provided under this Act and other Acts. Provides that funds made available under this Act may be used to assist the countries in sub-Saharan Africa to increase their capacity to participate in donor coordination mechanisms at the country, regional, and sector levels. Authorizes appropriations for FY 1990 through 1994 for long-term development assistance for sub-Saharan Africa and for funding activities of certain international organizations. Expresses the sense of the Congress that the authorization should be extended whenever appropriate. Limits transfers between accounts funded by this Act. Requires the Administrator of the Agency for International Development (AID) to develop a plan for organizational changes within AID in order to carry out the long-term development assistance program for sub-Saharan Africa with maximum effectiveness. Sets forth changes the Administrator shall consider. Requires the Administrator to consult with specified congressional committees about such changes. Authorizes the Administrator to transfer certain funds in order to increase the AID resources for development assistance activities for sub-Saharan Africa. Requires the Administrator to develop a plan for evaluating AID's progress in achieving the purposes of this Act. Requires the plan to provide for: (1) interim evaluations; (2) the establishment of specific criteria for measuring the performance of U.S. development assistance for the poor majority of men and women in sub-Saharan Africa; (3) the collection and monitoring of base-line data for future measurement of the effectiveness of such assistance; and (4) the measures by which the evaluations will be used to institutionalize learning within AID. Requires the plan to be developed in consultation with specified congressional committees. Expresses the sense of the Congress that there should be independent evaluations of AID's performance in providing development assistance to the poor majority of men and women in sub-Saharan Africa. Requires that assistance from other assistance and development programs be used to provide assistance to the poor majority in sub-Saharan Africa. Authorizes the President to make available such amounts from the funds made available by this Act as the President deems appropriate to support long-term development assistance for activities of international organizations which are consistent with the purpose of providing assistance for the poor majority in sub-Saharan Africa and which are undertaken in coordination with AID. Encourages the President to use the authorities provided in this Act in coordination with activities of the multilateral development banks in sub-Saharan Africa. Urges the President to provide debt rescheduling to a country in sub-Saharan Africa if: (1) that country had an average per capita income in 1984 of less that $550; and (2) at any time between October 1, 1989, and September 30, 1994, an International Monetary Fund standby agreement is in effect with respect to that country, a structural adjustment program of the International Development Association of the International Bank for Reconstruction and Development is in effect with respect to that country, or the President makes a specified finding regarding economic policy reforms in such country. Provides that the debt rescheduling is the granting of a five-year grace period on all payments to the United States on specified types of loans. Requires the President to notify specified congressional committees of any debt rescheduling granted under this Act. Requires that it be the policy of the United States that the funds made available by this Act are not to be used by a country to repay loans, with exceptions. Requires the annual report by the President to the Congress on foreign assistance programs to include a report on the progress made in carrying out this Act. Provides that reprogramming notification requirements do not apply to funds used to carry out this Act. Makes conforming amendments to various Acts. Declares that, where appropriate, African famine relief activities should serve as the foundation for long-term development activities undertaken pursuant to this Act. Provides for the transfer of certain funds so that they may be used for management support activities associated with long-term development assistance. Expresses the sense of the Congress that the purposes of the African Development Foundation are consistent with the purposes of this Act. Amends the African Development Foundation Act to authorize appropriations for the African Development Foundation for FY 1990 and 1991. Expresses the sense of the Congress that special efforts should be undertaken to reduce trade barriers and promote economic interchange between the United States and developing countries in sub-Saharan Africa.
United States · United States Congress · 20 March 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 · 16 March 1989
Acid Deposition Control Act of 1989 - Title I: Stationary Sources - Amends the Clean Air Act to require each Governor to submit to the Administrator of the Environmental Protection Agency for approval a two-phased plan establishing emission limitations and compliance schedules for sulfur dioxide and oxides of nitrogen emissions from fossil fuel fired electric utility steam generating units in the State. Requires reductions in sulfur dioxide emissions by 1994 (phase I) and reductions in oxides of nitrogen and further reductions in sulfur dioxide by 1998 (phase II). Directs each Governor to submit to the Administrator for approval an emissions limitations plan for such units, other than electric utilities' units, requiring both sulfur dioxide and oxides of nitrogen emissions reductions by 1998. Requires the Administrator to conduct and update an annual inventory of sulfur dioxide and oxides of nitrogen emissions from stationary sources. Directs the Administrator to identify the total statewide potential reductions in such emissions and to transmit such information to the State. Requires each Governor to submit to the Administrator a plan for establishing emission limitations from stationary sources of industrial process emissions to achieve such State's potential reductions by 1998. Requires the Administrator to study and report to the Congress by June 30, 1994, on the reductions achieved during phase I, granting the Congress an opportunity to legislate by the start of 1995 against the implementation of phase II. Grants States an opportunity to modify disapproved plans. Establishes emissions standards and Administrator-promulgated plans for States without an approved plan. Requires units in such States to submit a compliance plan and schedule to the Administrator. Directs the Administrator to impose fees on the generation and importation of electric energy if a utility is eligible for Federal subsidies to cover rate increases attributable to emission reduction requirements. Limits such fee to a maximum of 1/2 mill per kilowatt hour and makes it inapplicable to the generation of electric energy within the United States by hydroelectric or nuclear power. Prohibits the application of such fees after December 31, 1997. Prescribes civil penalties for violations in connection with such fees. Establishes the Acid Deposition Control Fund to provide for subsidies to electric utilities to cover rate increases attributable to emission reduction requirements. Prohibits the payments of subsidies to any utility, unless the State's Governor has assured that such rate increases are: (1) equivalent for residential electric utility ratepayers throughout the State; and (2) made level over the period during which such requirements are in effect. Prohibits costs for any technological system of emission reduction from being attributed to such requirements, unless such system meets specified conditions. Authorizes the Administrator to provide financial assistance to the owners or operators of stationary sources to promote the use of innovative technologies to control sulfur dioxide, nitrogen oxides, and other emissions from fossil fuels covered under the Clean Air Act. Sets forth eligibility and evaluation requirements. Allows State plans to provide for the use of innovative technology if contingent emission limitations are included in such plans. Authorizes the Administrator to impose fees on the generation of electric energy in such States to promote the use of innovative technologies. Prescribes civil penalties for violations in connection with such fees. Directs the Administrator to revise standards for emissions of nitrogen oxides for electric utility steam generating units burning bituminous or subbituminous coal. Requires the Administrator to promulgate standards for such emissions from nonelectric utility units which are new sources over a certain capacity. Title II: Emissions from Mobile Sources - Establishes emission standards for: (1) oxides of nitrogen from passenger cars and trucks manufactured after model year 1990; and (2) hydrocarbons from trucks manufactured after model year 1991. Directs the Administrator to promulgate regulations setting a maximum percentage for the sulfur content of motor vehicle diesel fuel. Prohibits any manufacturer or processor of diesel fuel from selling or introducing into commerce any fuel not in compliance with such regulations after January 1, 1991. Directs the Administrator to promulgate regulations to require the use of either hydrocarbon control technology by motor vehicles manufactured after model year 1991, or gasoline vapor recovery of hydrocarbon emissions emanating from the fueling of motor vehicles, or both.
United States · United States Congress · 16 March 1989
Directs the Secretary of the Interior to enter into an agreement for the transfer of the Platoro Reservoir to the Conejos Water Conservancy District, Colorado, upon the early payout of the repayment obligation on a lump-sum basis. Defines the Platoro Reservoir as the Platoro Dam and Reservoir Unit of the Conejos Division of the San Luis Valley project. Transfers to the District upon such payment: (1) all lands beneath the Platoro Dam and Reservoir up to the high water line; (2) land and improvements at the operation and maintenance site in the townsite of Platoro, Colorado, including the shop and caretaker house; and (3) all associated structures and all project operating facilities and equipment. Reserves to the United States: (1) the right to make recreational use of the Platoro Reservoir, and all land underlying the high water line when such land is not inundated so long as such use does not interfere with its use for water supply, interstate compacts, and flood control; and (2) a reversionary interest in the transferred land in the event such lands are no longer used for reservoir purposes. Subjects such transfer to the following conditions: (1) the District will use its best efforts to operate the reservoir to provide that releases from the reservoir flush out the channel of the Conejos River periodically to maintain the hydrologic regime of the river subject to operation of the reservoir by the District for water supply use; and interstate compact and flood control purposes; (2) the District will maintain a permanent pool in Platoro Reservoir for fish, wildlife, and recreation purposes; (3) the District will not use or sell any of the lands conveyed to it for private, commercial, or residential development; and (4) the District shall maintain specified releases of water from Platoro Reservoir to preserve fish and wildlife habitats. Relieves the United States of responsibility and liability associated with the operation and maintenance of the project except: (1) recreation with respect to the Reservoir; and (2) flood control administration by the Secretary of the Army, acting through the Chief of Engineers. Requires the Secretary of the Army to retain authority for the management of the Platoro Dam and Reservoir for flood control purposes.
United States · United States Congress · 14 March 1989
Amends the Civil Service Retirement Spouse Equity Act of 1984 to eliminate the requirement of a post-September 15, 1978, divorce for certain former spouses of Federal employees in order for such spouses to be eligible for a survivor annuity. Extends from May 7, 1989, to May 7, 1991, the deadline for applying for such annuity. Authorizes the Director of the Office of Personnel Management to waive such deadline under certain circumstances. Makes such spouses eligible for Federal health benefits.
United States · United States Congress · 14 March 1989
Eliminates post-1968 service in the National Guard as a prerequisite to civil service retirement credit for former National Guard technicians. Amends the National Guard Technicians Act of 1968 to eliminate post-1968 service as a prerequisite for National Guard technicians for receipt of credit in the determination of length of Federal civil service for purposes of leave, Federal employees' death and disability compensation, group life and health insurance, severance pay, tenure, and status. Sets forth rules for applying provisions of this Act to affected individuals.
United States · United States Congress · 9 March 1989
Radon Gas Tax Relief Act of 1989 - Amends the Internal Revenue Code to permit a 40 percent nonrefundable income tax credit of up to $4,000 for expenditures made for radon testing in or below the taxpayer's principal residence and for the installation of property designed to reduce radon levels inside the residence. Permits an income tax deduction (both individual and corporate) for radon prevention expenditures in connection with real property development, building construction or enlargement, and certain relocation dwellings. Makes the tax credit and the tax deduction mutually exclusive with respect to the same expenditures. Amends Federal law to make funds available for the reimbursement of Federal employees for radon protection expenditures necessary to overcome a substantial obstacle to the salability of a principal residence being sold in conjunction with a transfer to a new location.
United States · United States Congress · 6 March 1989
Military Child Care Act of 1989 - Directs the Secretary of Defense (the Secretary) to make a specified portion of FY 1990 operation and maintenance funding available for military child care only. Prohibits during FY 1990 the use of nonappropriated funds from parent fees, used for purposes of military child care, for any expense other than compensation of employees directly involved in the giving of child care. Directs the Secretary to establish a uniform training program for child care employees as a condition of employment. Requires the Secretary to increase the compensation of child care employees so that their compensation is comparable to other employees on the same military installation. Requires at least one employee at each military child development center to be a training and curriculum child care employee, with appropriate educational credentials and child care experience. Gives preference to qualified military spouses for employment as child care employees. Requires that additional child care personnel positions be made available in the Department of Defense. Requires a report on child care employee turnover. Directs the Secretary to issue uniform regulations for military child development centers on fees and priority for accepting children, with first priority given to single parents who are armed forces members and second priority given to dual service couples. Provides for child abuse prevention and safety in military child care. Directs the Secretary to establish: (1) a special task force to respond to allegations of widespread abuse at a military child development center; and (2) a national telephone hotline for reporting suspected child abuse or safety violations at a development center or family day care home. Provides for: (1) assistance from local authorities; (2) safety regulations; (3) inspections; (4) deadlines for remedying violations; and (5) installation of video cameras and recorders at such centers. Requires the Secretary, the Attorney General, and the Comptroller General to study and report to the Congress on areas of mutual concern in military child care and child abuse. Directs the Secretary to require the establishment of parent boards and parent participation programs at each military child care center. Amends the National School Lunch Act to extend the child care food program to Department of Defense programs overseas. Authorizes appropriations. Directs the Secretary to submit a report and plan to the Congress on demand for child care by military and civilian personnel in the armed forces over a specified five-year period. Directs the Comptroller General to study and report to the Congress on child care supply and demand outside the continental United States with respect to armed forces members and Department of Defense civilian employees.
United States · United States Congress · 2 March 1989
Price Fixing Prevention Act of 1989 - Provides that in any civil action alleging a contract, combination, or conspiracy to set, change, or maintain prices (other than a maximum price) under the Sherman Antitrust Act: (1) evidence that a person who sells a good or service to the claimant for resale received from a competitor a communication regarding price competition by the claimant and in response terminated the claimant as a buyer (or refused to supply such goods or services) shall be sufficient to raise the inference that such person and such competitor engaged in concerted action to set, change, or maintain prices in violation of such Act (in such case, a termination or refusal to supply is in response to a communication if such communication is a substantial contributing cause of such termination or refusal to supply); (2) the fact that the seller and the purchaser of a good or service entered into an agreement shall be sufficient to constitute a violation of such Act; and (3) an agreement between the seller and the purchaser to terminate another purchaser as a dealer or to refuse to supply such other purchaser because of that purchaser's pricing policies shall constitute a violation of such Act, whether or not a specific price level is agreed upon.
United States · United States Congress · 2 March 1989
Expresses the sense of the House of Representatives that: (1) U.S. military and civilian personnel associated with those military assets that are eliminated under the INF treaty should be reassigned to duty in the United States rather than in Europe; and (2) the United States should obtain agreement by our allies to bear a greater share of the defense burden.
United States · United States Congress · 1 March 1989
Semiautomatic Assault Weapons Act of 1989 - Amends the Federal criminal code to prohibit the transfer or possession of a semiautomatic assault weapon (SAW) or ammunition feeding device, unless such weapon or device was lawfully possessed before the date this Act takes effect. Defines "semiautomatic assault weapon" to include: (1) any Kalashnikov, Uzi, or Colt AR-15 type semiautomatic firearm; (2) any semiautomatic weapon fed by an ammunition belt or feed strip; (3) any semiautomatic shotgun with a magazine, cylinder, or drum capacity exceeding six rounds of ammunition; and (4) any weapon designated as such by the Secretary of the Treasury. Specifies weapons not falling within such definition. Defines "ammunition feeding device" to include a detachable device which has a capacity of, or can be converted to accept, more than ten rounds of ammunition and which meets certain specifications. Requires the Secretary: (1) to compile and publish a list of weapons designated by the Secretary as SAWs; and (2) to periodically modify such list. Establishes guidelines in determining whether to designate a weapon as a SAW. Provides: (1) that the Secretary shall not be required to authorize the importation of SAWs; and (2) for enhanced penalties for possession or use of a SAW during a crime of violence or drug trafficking crime. Amends the Internal Revenue Code to apply firearms taxes and registration requirements to SAWs.
United States · United States Congress · 1 March 1989
Fairness for Adopting Families Act - Amends the Internal Revenue Code to permit an individual income tax deduction for qualified adoption expenses. Includes as deductible all reasonable and necessary expenses that do not violate a Federal or State law and that are directly related to a legal adoption of any child if the adoption has been arranged by a State, local, or other nonprofit agency, or through a private placement. Excludes the deduction from the two percent floor on miscellaneous itemized deductions. Excludes from an employee's gross income any amounts paid on behalf of the employee by an employer pursuant to a qualified adoption assistance program. Limits both the deduction and the exclusion to $5,000 ($7,000 in the case of an international adoption). Reduces the amount when the taxpayer's income exceeds $60,000. Permits an employer to treat an adoption assistance program as a statutory employee benefit plan, thus making the employer's contributions to such a program tax deductible as business expenses.
![Official portrait of Rep. Schroeder, Patricia [D-CO-1]](https://www.congress.gov/img/member/s000142_200.jpg)