United States · United States Congress · 13 November 1989
Amends the National Environmental Policy Act of 1969 to require the Council on Environmental Quality to promulgate regulations governing the implementation of such Act by Federal agencies, to include requirements for notification procedures for, and public review and cost-effective preparation and dissemination of, environmental impact statements.
United States · United States Congress · 7 November 1989
Declares that no person who is a retired regular officer of the U.S. armed forces shall be considered as holding a public office for purposes of provisions that require anyone who destroys public records to forfeit public office and be disqualified from holding office.
United States · United States Congress · 3 November 1989
Amends the Disaster Assistance Act of 1989 to make earthquake losses in orchards, forest crops, and rural business enterprises eligible for disaster assistance under such Act. Makes ornamentals eligible for such assistance. Increases rural business enterprise assistance limits from $200,000,000 to $300,000,000.
United States · United States Congress · 2 November 1989
Benjamin Franklin Memorial Fire Service Bill of Rights Act - Title I: Minting of Benjamin Franklin National Memorial Commemorative Coin - Benjamin Franklin National Memorial Commemorative Coin Act - Provides for the sale of Benjamin Franklin commemorative coins at a surcharge of which 25 percent shall be paid to the Benjamin Franklin National Memorial and the remainder be distributed in specified percentages to the National Fire Center and Museum Account, the National Hero Scholarship Account, the Firefighter's Tuition Assistance Account, the Hazardous Materials Response Computer Account, the In Search of Excellence Research and Education Account, and the Burn Research Grant Account of the Firefighter Assistance Trust Fund (Fund). Prohibits the issuance of such coins from resulting in any net cost to the Federal government. Title II: Fire Service Bill of Rights - Fire Service Bill of Rights Act - Amends the Federal Fire Prevention and Control Act of 1974 to establish a fire service bill of rights. Establishes the National Fire Center and Museum in the District of Columbia to provide information about the fire service and safety to the public and fire services. Funds such museum exclusively through the Fund. Establishes a National Hero Scholarship to fund the higher education of the children or spouse of a deceased firefighter. Establishes a scholarship providing tuition assistance to firefighters for higher education in fire safety or protection. Authorizes the Administrator of the United States Fire Administration to use amounts in the In Search of Excellence Research and Education Account of the Fund to fund other specified programs under the Fire Prevention and Control Act of 1974. Establishes the Firefighters Assistance Trust Fund. Places the National Academy for Fire Prevention and Control within the United States Fire Administration. Directs the Administrator to use funds from the Hazardous Materials Response Computer Account of the fund to procure computer equipment for fire services that want such equipment. Directs the Administrator to make a grant from the Burn Research Grant Account of the Fund to one national firefighter's burn foundation dedicated to reducing burn injuries. Requires the Administrator to prepare and make available to State fire marshals, upon request, a manual describing Federal procedures for disposing of surplus property and highlighting how fire services could obtain such property. Directs the Administrator to distribute to such marshals information on the infectious diseases to which firefighters are particularly vulnerable.
United States · United States Congress · 2 November 1989
Amends the Internal Revenue Code to allow an individual income tax deduction for contributions to a savings account established to pay the educational expenses (tuition, supplies, meals, and lodging) of the taxpayer's child or certain other relatives at an institution of higher education or a vocational school. Limits the deduction to $1,500 annually (adjusted for inflation) for each account. Disallows the deduction for contributions to an account maintained for any individual aged 19 or older. Requires any account balance to be distributed after the beneficiary attains age 30. Excludes from gross income any account distributions that are: (1) used to pay educational expenses of the eligible beneficiary; or (2) transferred within 60 days to an individual retirement account. Exempts an account from taxation (except for the tax on unrelated business income of a charitable organization), unless a contributor or the beneficiary engages in specified prohibited transactions in connection with it. Imposes a ten percent surtax on distributions not used for educational purposes. Requires the account trustee to report to the Secretary of the Treasury and to the account's beneficiary concerning the account. Imposes a penalty for failure to report. Allows taxpayers who do not otherwise itemize deductions to deduct for contributions to an education savings account. Imposes penalty taxes in connection with excess contributions or prohibited transactions associated with an account. Exempts from contribution limitations any distributions from education savings accounts into individual retirement accounts. Excludes from gross income distributions from individual retirement accounts into education savings accounts.
United States · United States Congress · 1 November 1989
Department of Housing and Urban Development Reform Act of 1989 - Title I: Ethics - Amends the Housing and Community Development Act of 1974 to require the Department of Housing and Urban Development (HUD) to allocate certain housing assistance on a need-based formula. Amends the Department of Housing and Urban Development Act to require HUD to make funding decisions and assistance allocations public. Prohibits advance disclosure of funding decisions and establishes civil monetary penalties for such violations. Amends the Housing and Community Development Act of 1974 to revise headquarters reserve categories. Requires that amounts made available to the reserve be approved in appropriation Acts. Repeals the Secretary of HUD's authority to make grants for technical assistance, special projects, and new communities under the community development block grant program (CDBG). Permits the Secretary to set aside .1 percent of specified appropriations for technical assistance. Amends the Department of Housing and Urban Development Act to require that all HUD regulation and handbook waivers be in writing and specify the grounds for the waiver. Authorizes the Secretary to impose civil monetary penalties on mortgagees or lenders for specified violations. Amends the National Housing Act to authorize the Secretary to impose civil monetary penalties on multifamily mortgagors for specified violations. Amends the Housing Act of 1959 to authorize the Secretary to impose civil monetary penalties on housing for the elderly or handicapped program mortgagors for specified violations. Amends the National Housing Act to authorize the Secretary to impose civil monetary penalties on Government National Mortgage Association issuers for specified violations. Amends the Interstate Land Sales Full Disclosure Act to authorize the Secretary to impose civil monetary penalties on land developers for specified violations. Amends the Department of Housing and Urban Development Act to require expenditure reporting and registration of consultants, lobbyists, and others attempting to influence HUD decisions. Establishes civil monetary penalties for reporting violations. Title II: Management Reform - Amends the Department of Housing and Urban Development Act to establish in HUD: (1) a Chief Financial Officer to serve as the Secretary's principal financial management advisor; and (2) a Federal Housing Administration (FHA) Comptroller. Amends the Housing and Urban Development Act of 1970 to authorize appropriations for program evaluation and monitoring. Authorizes the transfer of additional specified appropriations for management reform activities. Amends the Department of Housing and Urban Development Act to provide for expedited congressional review of HUD rulemaking. Authorizes the use of national comparability studies in implementing section 8 (c)(2) (lower income rent adjustments) of the United States Housing Act of 1937. Amends the Housing and Community Development Act of 1974 to target community development block grant use to low- and moderate-income persons. Nullifies State laws permitting single family mortgagors to redeem foreclosed properties under the rehabilitation loan program of the Housing Act of 1964. Title III: Federal Housing Administrative Reform - Amends the National Housing Act to require the Secretary to make available annually to the public an audited financial statement of the insurance funds established under such Act. Eliminates private investor-owners from the FHA single family mortgage insurance program. Retains program eligibility for public and nonprofit investor-owners. Limits secondary residence (vacation home) program eligibility to instances of undue mortgagor hardship. Requires credit reviews (under standards prescribed by HUD) of persons acquiring FHA-mortgaged properties at any time during the life of the mortgage. Repeals title X (mortgage insurance for new communities land development) of the National Housing Act. Prohibits dealer and loan broker participation in the organization of property improvement loans.
United States · United States Congress · 19 October 1989
Amends the Federal Aviation Act of 1958 to prohibit the Administrator of the Federal Aviation Administration from refusing to issue or renew an airman's certificate, or terminate the employment of an airman, solely by reason of the airman's age if such person is under the age of 65.
United States · United States Congress · 19 October 1989
Declares it is in the interests of the United States to support efforts to protect South Pacific marine resources (including albacore tuna, porpoises, whales, seals and other marine mammals, birds, sea turtles, and fish) from the slaughter of driftnet fishing. Supports the Tarawa Declaration and the South Pacific Commission resolution calling for an immediate ban on driftnet fishing in the South Pacific. Urges the Secretary of State to work toward an international convention banning driftnet fishing in the South Pacific. Urges Japan and Taiwan to immediately cease the use of driftnets in international South Pacific waters.
United States · United States Congress · 18 October 1989
Amends the Rehabilitation Act of 1973 to prohibit discrimination against any individual with respect to entrance to wilderness areas because of disability. Allows a wheelchair to be used in wilderness areas, notwithstanding provisions of the Wilderness Act prohibiting the use of mechanical transport in such areas.
United States · United States Congress · 16 October 1989
Pornography Victims Protection Act of 1989 - Amends the Federal criminal code with respect to the prohibition against the sexual exploitation of children to add as a condition triggering Federal penalties that the person concerned know that a minor was transported in interstate or foreign commerce for the purpose of producing pornography. Makes it a criminal offense for any person to coerce, intimidate, or fraudulently induce an individual 18 years or older to engage in any sexually explicit conduct for the purposes of producing any visual depiction of such conduct. Grants the U.S. district courts jurisdiction to prevent and restrain violations of this Act. Authorizes the Attorney General or any person threatened with loss or damage by such conduct to institute a civil suit. Provides for treble damages for a victim who suffers physical injury, emotional distress, or property damage. Imposes civil penalties for violation of the prohibition against sexual exploitation of children.
United States · United States Congress · 11 October 1989
Long-Term Health Care Markets Development Act - Title I: Tax-Free Withdrawals from IRA's Permitted for Payment of Long-Term Care Insurance Premiums - Amends the Internal Revenue Code to exclude from gross income any distribution from an individual retirement plan if: (1) the payee has attained age 59 1/2 on or before the date of the distribution; and (2) the distribution is used to pay premiums for an insurance policy covering at least 12 months of medically necessary care for the payee or a spouse meeting the same 59 1/2 year age requirement. Title II: Employers Encouraged to Offer Higher Deductibles on Employer-Provided Group Health Insurance - Amends the Internal Revenue Code to empower the trustee of an eligible individual retirement account (IRA) maintained for the benefit of an employee electing employee group health insurance coverage under a qualified high-deductible option to extend credit to the employee to pay certified medical expenses. Uses the IRA assets as security for such credit, which is subject to specified limits. Authorizes credit only in connection with plans under which the employer contributes to the employee's IRA the premium savings resulting from the employee's choice of a high deductible health care option. Title III: Elimination of Certificate of Need Programs for Nursing Facilities - Amends title XIX (Medicaid) of the Social Security Act to prohibit any State from establishing or operating any certificate of need program in connection with nursing facilities. Title IV: Tax-Free Conversion of Life Insurance Policies into Long-Term Care Insurance - Amends the Internal Revenue Code to exclude from the gross income of an individual otherwise taxable amounts derived from the whole or partial surrender, cancellation, or exchange of any life insurance policy if: (1) the individual is age 65 or older on the date of the transaction; and (2) the amounts in question are used to pay premiums for a long-term care insurance policy for the benefit of the individual or a spouse meeting the same 65-year age requirement. Title V: Reserves for Long-Term Care Insurance Treated in Same Manner as Reserves for Noncancellable Accident or Health Insurance - Amends the Internal Revenue Code to require that, for the purpose of determining the income tax liability of insurance companies, insurance contracts providing for qualified long-term health care be treated in the same way as noncancellable accident or health insurance contracts.
United States · United States Congress · 28 September 1989
Western Shoshone Claims Distribution Act - Directs the Secretary of the Interior to apportion and distribute certain funds awarded to the Western Shoshone Indians of Nevada on a per capita basis among persons enrolled as members of certain tribes and their descendants who are members of the Western Shoshone Judgment Distribution Association (the distributees). Sets forth procedures to establish a judgment roll for apportioning the award. Directs the Secretary to pay such funds directly to the distributees or their beneficiaries. Directs the Secretary to retain the funds of persons who are on the judgment roll but who are not distributees in an invested account until the Congress determines the disposition of the remaining funds. Exempts such funds from Federal and State income tax. Prohibits discrimination by tribes and bands against distributees who participate in the distribution of such funds by denying such distributees the benefits and opportunities available to other persons not receiving a share of such funds. Prohibits the receipt of such funds as construing a waiver of existing treaty or State compact rights or as a sale of ancestral lands. Declares that such funds are compensation for past damages. Prohibits executive order reservations set aside for the Western Shoshone Indians from being diminished by this Act and confirms them effective with their respective dates.
United States · United States Congress · 28 September 1989
Amends the Rail Passenger Service Act to repeal an exemption from specified communicable disease control requirements of the Public Health Service Act for waste disposal from railroads operating in intercity rail passenger service.
United States · United States Congress · 26 September 1989
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to prohibit Federal assistance to any State that has not implemented a drug testing program for targeted classes of arrestees, prisoners, and persons on conditional or supervised release before or after conviction. Directs the Attorney General to promulgate regulations for such programs based in part on scientific and technical standards determined by the Secretary of Health and Human Services to ensure the reliability and accuracy of test results. Specifies that such regulations may include guidelines or specifications concerning: (1) the classes of persons to be targeted for testing; (2) the drugs to be tested for; (3) the frequency and duration of testing; and (4) the effect of test results in decisions concerning the sentence, conditions to be imposed on release before or after conviction, and the granting, continuation, or termination of such release. Amends the Public Health Service Act to require a State, in order to receive the drug abuse portion of its allotment under such Act for a fiscal year, to develop, implement, and submit an approved Statewide Drug Treatment Plan. Requires such Plan to include a single, designated State agency for formulating and implementing the Plan and a description of: (1) the mechanisms used to assess the needs and make funding allocations for drug treatment throughout the State; (2) a statewide plan to expand treatment capacity; (3) performance-based criteria to be used to allocate funds; (4) drug-free patient and workplace programs (which must include drug testing) to be utilized in drug treatment facilities and programs; (5) actions to be taken to improve the referral of drug users to appropriate treatment facilities; (6) the program of in-service training to be implemented for employees of treatment facilities receiving Federal funds; (7) the plan to be implemented to coordinate drug treatment facilities with other social, health, correctional, and vocational services; and (8) the plan to be implemented to expand and improve efforts to contact and treat expectant women who use drugs and provide appropriate followup care to their affected newborns. Requires such Plan to be submitted to the Secretary annually for review and approval. Authorizes the Secretary to review, approve, disapprove, and propose changes to State plans. Requires each State to submit such reports as the Secretary may require and to comply with such additional provisions as the Secretary may find necessary to verify the accuracy of such reports. Authorizes the Secretary to waive any or all requirements of this Act with respect to the Plan upon the written request of a State, provided that the State implements an alternative treatment plan that fulfills the objectives of this Act. Amends the Higher Education Act of 1965 to make ineligible for Federal funds or assistance any institution of higher education which fails to certify to the Secretary that it has adopted and implemented a program to prevent illicit drug use and alcohol abuse by students and employees that includes the annual distribution to each student and employee of: (1) standards of conduct that clearly prohibit the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees on its property or as part of its activities; (2) a description of applicable sanctions under local, State, or Federal law for unlawful possession or distribution of such drugs; (3) health risks associated with such use; (4) any drug or alcohol counseling, treatment, or rehabilitation programs available to employees or students; and (5) a clear statement that the institution will impose sanctions, and a description of such sanctions, up to and including expulsion or termination of employment and referral for prosecution. Requires such program to provide for a biennial review by the institution to determine the program's effectiveness, to implement changes as needed, and to ensure that sanctions are consistently enforced. Requires: (1) each institution that provides such certification to make a copy and the results of such biennial review available, upon request, to the Secretary and to the public; and (2) the Secretary to publish regulations to implement and enforce this Act, including regulations providing for periodic review of programs and sanctions, up to and including the termination of financial assistance, for institutions of higher education that fail to implement their programs or to consistently enforce their sanctions. Allows sanctions to include the completion of an appropriate rehabilitation program. Amends the Drug-Free Schools and Communities Act of 1986 to make ineligible for Federal funds or assistance any local educational agency which fails to certify to the State educational agency that has adopted and implemented an analogous program to prevent the use of illicit drugs and alcohol by students or employees. Authorizes appropriations for FY 1990 through 1993 for the Special Forfeiture Fund. Waives provisions of the Foreign Assistance Act of 1961 and the Foreign Operations, Export Financing, and Related Appropriations Act, 1989 to make certain appropriated funds available for narcotics-related activities in Colombia, Bolivia, and Peru.
United States · United States Congress · 21 September 1989
Prohibits the Environmental Protection Agency (EPA) from enforcing, during the 12-month period following the enactment of this Act, its underground petroleum storage tank financial responsibility regulations promulgated pursuant to the Solid Waste Disposal Act with respect to certain underground tank owners. Permits enforcement after such period if the Administrator of the EPA determines that such enforcement would not impose an unjust economic burden on the owners. Requires the Administrator to conduct a study for the purpose of identifying the principal economic difficulties associated with compliance by underground tank owners with EPA technical standards for such tanks. Directs the Administrator to report the results of such study to specified congressional committees. Amends the Solid Waste Disposal Act to: (1) delete the requirement that regulations under such Act include provisions for compensation of third parties for injury and property damage caused by accidental releases from underground storage tanks; and (2) reduce financial responsibility requirements for specified underground petroleum storage tanks.
United States · United States Congress · 19 September 1989
Food Safety Assurance Act of 1989 - Title I: Cancellation and Suspension - Amends provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) relating to cancellation and changes in classification or other terms or conditions of registration with respect to the authority of the Administrator of the Environmental Protection Agency. Requires that a rulemaking under such provisions be based on a validated test or other significant evidence raising prudent concerns of unreasonable adverse effects to man or to the environment. Sets forth procedural requirements for such a rulemaking. Provides for amendment of a rule and for judicial review. Allows the Administrator, in the case of a suspension, to waive certain requirements. Allows the Administrator to elect to proceed with a special review proceeding or a public interim administrative review proceeding, if published before January 1, 1990, under the law in effect before enactment of this Act. Requires the Administrator to reassess each tolerance and exemption from the requirement for a tolerance at certain times in connection with reregistration of pesticides. Establishes the Science Review Board to assist the Scientific Advisory Panel in reviews conducted by the Panel. Revises procedures applicable after denial of an application for registration. Allows the Administrator to deny an application for registration because it does not comply with the requirements of a rule issued under provisions of this Act. Repeals provisions regulating the authority of the Administrator to initiate a public interim administrative review process. Declares a decision made after a hearing in certain circumstances during phase three of reregistration to be final. Amends provisions regulating: (1) review by district courts of suspension of registrations; and (2) public hearings. Title II: Data Collection - Directs the Secretary of Agriculture to collect by surveys on a biennial basis pesticide use data of State-level significance for all the major crops and crops of dietary significance. Authorizes appropriations. Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to add to the responsibilities of the Secretary of Agriculture that of establishing, with the Administrator of the Environmental Protection Agency (EPA), a committee to oversee coordination between the Department of Agriculture's conservation, commodity, research, and education programs and the EPA's pesticide regulatory activities. Requires the interagency coordinating committee to: (1) develop and oversee integrated pest management research and education initiatives targeted toward principal pests of crops, with an emphasis on crops which constitute significant human dietary exposure to pesticide residues and for which few pesticide alternatives exist; and (2) advise the Administrator regarding ways to take into account, in registration, reregistration, and cancellation actions, the implications of the emergency or severity of genetic resistance in pests to pesticides, or the viability and profitability of integrated pest management systems. Authorizes appropriations. Adds to the list of high priority research, for the purpose of grants by the Secretary of Agriculture under existing provisions, research to develop and refine integrated pest management techniques and other nonchemical or reduced chemical control technologies targeted toward crop pests, particularly those pests and crops which require applications of pesticides that may pose greater than a negligible risk to man or the environment. Title III: Authorizations - Increases the amount authorized to be appropriated to carry out the FIFRA for FY 1990 and 1991, earmarking the increased authorization for the implementation of regulations relating to certain ingredients in pesticide products. Title IV: Amendments to the Federal Food, Drug, and Cosmetic Act - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to define, subject to exception, "pesticide chemical" as it is defined in the FIFRA. Adds to the list of prohibited acts under the FDCA violation of provisions relating to confidentiality of data, as amended by this Act. Deems a food adulterated if it bears or contains: (1) a pesticide chemical residue that is unsafe; or (2) a new animal drug, or conversion product thereof, that is unsafe. Sets forth requirements relating to tolerances and exemptions from the requirement of a tolerance for pesticide chemical residues in food, including residues of degradation products. Prohibits establishment of a tolerance higher than a level the Administrator of the Environmental Protection Agency determines is adequate to protect the public health. Sets forth the factors the Administrator must consider. Allows a greater than negligible dietary risk if: (1) use protects from greater adverse health effects to humans or the environment; (2) use avoids greater risks from another pesticide; or (3) the unavailability of the pesticide would reduce the availability of an adequate, wholesome, and economical domestic supply of the food, and the adverse effects from the reduction would outweigh the risk posed by the residue. Allows the Administrator to issue an exemption from the requirement for a tolerance only if the Administrator determines that a tolerance is not needed to protect the public health, in view of the levels of dietary exposure that could reasonably be expected to occur. Sets forth the factors the Administrator must consider. Sets forth procedures and requirements in connection with: (1) petitions for tolerances or exemptions; (2) certain actions authorized on the Administrator's own initiative; (3) the required submission of additional data to support the continuation of a tolerance or exemption; and (4) confidentiality of data submitted to the Administrator. Provides for continuation of previously issued regulations. Sets forth transitional provisions. Prohibits a final rule that revokes, modifies, or suspends a tolerance or exemption until the Administrator has taken any necessary action under the FIFRA with respect to the registration of the pesticide involved. Requires the Administrator, if the Administrator takes certain actions with respect to the registration of a pesticide, to revoke any tolerance or exemption that allows the presence of the chemical or chemical residue. Requires the suspension of any tolerance or exemption upon the suspension of the use of an associated registered pesticide. Provides for: (1) tolerances for unavoidable residues in the case of a residue of a canceled or suspended pesticide chemical that will unavoidably persist in the environment and thereby be present in or on a food; and (2) residues resulting from an application which was lawful at the time of the application. Directs the Administrator to require the payment of fees sufficient for the Administrator's functions under these provisions. Prohibits, subject to exception, a State from establishing or enforcing any limit on a qualifying pesticide chemical residue in or on any food which is not identical to Federal requirements. Prohibits a State from enforcing a residue limit which was lawful at the time of application. Authorizes appropriations for increased monitoring by the Secretary of Health and Human Services of pesticide residues in imported and domestic food.
United States · United States Congress · 14 September 1989
Defense Production Act Amendment of 1989 - Amends the Defense Production Act of 1950 to extend the expiration date of such Act to June 30, 1990, from September 30, 1989.
United States · United States Congress · 13 September 1989
Farm Animal and Research Facilities Protection Act of 1989 - Amends the Food Security Act of 1985 to make it unlawful to disrupt or damage a farm animal facility, its animals, or property. Sets forth penalties for violations of this Act. Allows the Secretary of Agriculture to investigate such offenses. Grants U.S. district courts jurisdiction in such cases. Provides for a private right of action.
United States · United States Congress · 13 September 1989
Legislative Line Item Veto Act of 1989 - Amends the Impoundment Control Act of 1974 to grant the President legislative line item veto rescission authority. Authorizes the President to rescind all or part of any budget authority if the President determines that such rescission: (1) would help balance the Federal budget, reduce the Federal budget deficit, or reduce the public debt; (2) will not impair any essential Government functions; and (3) will not harm the national interest. Requires the President to notify the Congress of such a rescission by: (1) special message not later than 20 calendar days after enactment of appropriations legislation; or (2) special message accompanying the budget when such rescissions have not been proposed previously for that fiscal year. Makes such a rescission effective unless the Congress, during a review period of 20 calendar days, enacts a rescission disapproval bill. Describes: (1) information to be included in the President's message; and (2) procedures to govern consideration of rescission disapproval legislation in the Senate and the House of Representatives.
United States · United States Congress · 12 September 1989
Designates October 27, 1989, as National Hostage Awareness Day in recognition of the 42d birthday of Terry Anderson and his fifth year in captivity. States that efforts should be made to have such date declared International Hostage Day by the United Nations. States that all Federal and international agencies should increase efforts to secure the release of the remaining hostages in Lebanon. Calls for prayer on such date for the release of all U.S. and foreign hostages in Lebanon.
United States · United States Congress · 12 September 1989
Declares that it is the sense of the House that the Secretary of Agriculture and the United States Trade Representative should: (1) review recent conditions in the livestock trade between the United States and Mexico; and (2) work with Mexican officials to achieve free livestock trade between the two nations.
United States · United States Congress · 4 August 1989
Yosemite National Park Centennial Medal Act - Directs the Secretary of the Treasury to strike and sell not more than 750,000 gold, silver, and bronze medals in commemoration of the centennial of Yosemite National Park, California, in 1990. Requires that all sales of such medals include a surcharge of $35 per medal for the gold medals, $7 per medal for the silver medals, and $2 per medal for the bronze medals. Requires that all surcharges be paid to an endowment fund for the benefit of the Park to be administered by the National Park Foundation. Requires that the interest from the fund be paid to the Secretary of the Interior to fund special supplemental projects relating to back country trail development and rehabilitation and the preservation of Sequoia groves within the boundaries of the Park. Requires the Secretaries to enter into a memorandum agreement to allow: (1) the Secretary of the Treasury to deliver medals to the Secretary of the Interior; and (2) the Secretary of the Interior to provide for the sale of the medals in National Park facilities. Grants the Comptroller General the right to examine all records of the National Park Foundation which are related to such medals. Provides that no medals may be struck after December 31, 1991.
United States · United States Congress · 4 August 1989
Hunter Safety and Protection Act of 1989 - Prescribes civil penalties for knowingly interfering with the conduct of a lawful hunt in a national forest or on lands affected with a Federal interest. Authorizes injunctive relief, the recovery of actual and punitive damages, and the awarding of attorney's fees. Grants hunting and sportsman's organizations standing to sue under this Act.
United States · United States Congress · 4 August 1989
Catastrophic Coverage Repeal Act of 1989 - Repeals Medicare (title XVIII of the Social Security Act) catastrophic health care coverage provided under the Medicare Catastrophic Coverage Act of 1988. Makes transitional and conforming amendments.
United States · United States Congress · 4 August 1989
Calls on all countries that produce high explosives to: (1) cooperate in global efforts to develop suitable chemical taggants for preblast detection of high explosives; (2) refrain from selling high explosives to known supporters of terrorism; (3) develop controls to ensure that high explosives purchased by customers are not transferred to terrorist groups; and (4) formally agree to require that any high explosive produced in that country include a preblast detection taggant, as soon as one suitable for that form of explosive is developed.
United States · United States Congress · 3 August 1989
Public Health Response to AIDS Act of 1989 - Amends the Public Health Service Act to mandate that States receiving grants for counseling and testing with regard to the etiologic agent for acquired immune deficiency syndrome (AIDS) require any entity carrying out the testing to confidentially report to: (1) the State public health officer information sufficient to perform statistical and epidemiological analysis; and (2) the appropriate public health officer information sufficient to locate individuals determined to be infected. Requires the State to agree to provide to the Director of the Centers for Disease Control all such statistical and epidemiological information. Declares that the requirement to report locating information does not: (1) require establishing a list of names and addresses if the individuals can be located with other information; or (2) prohibit establishing a name and address list. Mandates that the State: (1) require that the appropriate public health officer carry out, to the extent appropriate in the determination of such officer, a program of partner notification with respect to cases of exposure to the etiologic agent; and (2) recommend to notified individuals that they undergo testing and provide them with information on the medical benefits of early diagnosis. Mandates that States require that testing be routinely offered: (1) in areas with 0.1 percent of the population infected with the etiologic agent, by marriage license facilities and hospitals; and (2) by providers that regularly provide treatment for sexually transmitted diseases, providers that regularly provide treatment for intravenous substance abuse, family planning clinics, and tuberculosis clinics. Mandates that States: (1) require testing of prisoners upon entering the State penal system, before and after each unsupervised leave, and during the 30-day period before release; (2) inform any penal system employee, on request of the employee, if the employee has a reasonable basis for believing that the employee may have been exposed by an individual to the etiologic agent, of that individual's test results; and (3) inform the spouse of the individual prior to each conjugal visit and prior to release. Requires all prison employees and such spouses to be informed of the availability of the test results. Mandates that States: (1) prohibit acts which knowingly expose nonconsenting other individuals to the etiologic agent through a donation of blood, semen, breast milk, or an organ, through sexual activity, through sharing of hypodermic needles, or through any behavior with the intent to expose another nonconsenting person. Requires that States: (1) authorize a civil cause of action for violation of these prohibitions; and (2) provide for commanding any public health official, in connection with such action, to disclose locating information received under this Act. Requires a State to: (1) consider cases of infection with the etiologic agent for AIDS to be communicable or sexually transmitted diseases for purposes of any State law regarding such diseases; (2) carry out activities for the protection of the public health regarding such cases to not less than the extent to which the State carries out such activities regarding other communicable or sexually transmitted diseases; and (3) impose on medical personnel prerequisites to the testing for the etiologic agent only to the extent the State does so for communicable or sexually transmitted diseases other than AIDS. Allows a State to receive a grant for such testing and counseling during FY 1990 and 1991 if the State provides assurances that it will, by the end of FY 1991, establish the requirements, authorities, prohibitions, and other provisions described in this Act. Prohibits the Secretary of Health and Human Services from requiring a State to enact any statute or issue any regulation if its chief executive officer certifies that the State is in substantial compliance with this Act. Amends the Public Health Service Act to authorize grants to States for counseling and testing with respect to the etiologic agent for AIDS, including for individuals using a pseudonym, subject to the requirements of this Act regarding reporting of sufficient information to locate individuals whose tests indicate they are infected. (Current law authorizes grants for such counseling and testing, either anonymously or through the use of pseudonym.) Directs the Secretary to: (1) consider cases of infection with the etiologic agent for AIDS to be communicable or sexually transmitted diseases for purposes of any Federal law regarding such diseases; and (2) carry out activities for the protection of the public health regarding such cases to not less than the extent to which the Secretary carries out such activities regarding other communicable or sexually transmitted diseases.
United States · United States Congress · 3 August 1989
Tobacco-Free Schools Act of 1989 - Amends the Elementary and Secondary Education Act of 1965 to condition a local educational agency's eligibility to participate in specified Federal assistance programs upon: (1) its State having in effect a law prohibiting within the buildings and on the grounds of elementary and secondary schools both the sale of tobacco products and their use by students and others under 18 years of age during school hours and school-sponsored activities; and (2) its certifying that each of its elementary and secondary schools has such a tobacco sales and use prohibition policy. Provides for reallocation of funds in cases of ineligibility relating to such requirements.
United States · United States Congress · 3 August 1989
Declares that the Congress acknowledges and appreciates the commitment, devotion, and sacrifices of present and former military families. Designates November 20, 1989, as National Military Families Recognition Day.
United States · United States Congress · 2 August 1989
Section 457 Reform and Simplification Act of 1989 - Amends the Internal Revenue Code to state that the accounting provisions applicable to the deferred compensation plans of State and local governments and of private tax-exempt organizations shall not apply to nonelective deferred compensation. Directs the Secretary of the Treasury to promulgate regulations defining nonelective deferred compensation. Applies retroactively to tax year 1988 and thereafter.
United States · United States Congress · 31 July 1989
Benjamin Franklin National Memorial Commemorative Coin Act - Requires the Secretary of the Treasury to issue a specified number of five-dollar gold coins, one-dollar silver coins, and half-dollar clad coins in commemoration of the bicentennial of the death of Benjamin Franklin. Provides that such coins shall be considered legal tender. Requires the Secretary to begin issuing such coins on October 1, 1989. Directs the Secretary to obtain silver for the minting of such coins from stocks of silver held by the Secretary or from any other federally owned stocks of silver and to obtain gold pursuant to authority under existing law. Provides that the design of such coins shall be selected by the Secretary after consultation with the Chairman of the Benjamin Franklin National Memorial at the Franklin Institute and the Chairman of the Commission of Fine Arts. Specifies the sales price of such coins as the face value plus costs. Requires that all sales of such coins include a surcharge of $35 per coin for five-dollar coins, $7 per coin for one-dollar coins, and $2 for half-dollar coins. Requires that all surcharges received by the Secretary from the sale of such coins shall be paid to the Benjamin Franklin National Memorial (The Franklin Institute): (1) to restore and renovate the Memorial; (2) to construct or renovate certain adjoining areas of the Franklin Institute; (3) to establish an endowment to ensure the continued upkeep and maintenance of the Memorial; (4) for exhibits in the Memorial or certain adjoining areas of the Institute; and (5) for funds for construction of certain facilities and for the acquisition and preservation of artifacts relating to Franklin. Authorizes the Comptroller General to audit such payments. Prohibits the minting of such coins under this Act after December 31, 1990. Requires the Secretary to ensure that the minting and issuance of such coins shall not result in any net costs to the Government.
United States · United States Congress · 27 July 1989
Commends the citizens of the Sioux City, Iowa, tri-State area for their heroism and volunteerism in providing assistance to the passengers and crew of crashed United Airlines Flight 232.
United States · United States Congress · 27 July 1989
Expresses the sense of the Congress that: (1) human rights violations in Cuba should be condemned; and (2) the President should award the Presidential Medal of Freedom to Armando Valladares.
United States · United States Congress · 24 July 1989
Designates the week of October 22 through October 29, 1989, as National Red Ribbon Week. Recognizes and commends the hard work and dedication of certain individuals and organizations and urges activities that support community and alcohol education during such week. Encourages Americans to wear or display red ribbons during such Week to present and symbolize their commitment to a healthy, drug-free lifestyle, and to develop an attitude of intolerance to the use of drugs.
United States · United States Congress · 19 July 1989
Authorizes the use of the official expenses allowance of each Member of the House of Representatives for production of newsletters containing directories of State, local, and nonprofit private drug counseling, treatment, and information programs.
United States · United States Congress · 13 July 1989
Legal Services Administration Act of 1989 - Establishes the Legal Services Administration within the Department of Justice's Office of Justice Programs. Declares that the purpose of the Administration is to provide legal assistance to eligible clients through the making of grants to providers of such assistance. Gives the Administrator of the Administration the authority to determine whether an applicant shall receive a grant under this Act. Sets forth the powers and authorized activities of the Administration. Enumerates those areas in which grant recipients are: (1) authorized to provide legal assistance; and (2) prohibited from providing legal assistance. Prohibits a grant recipient from lobbying on certain issues or engaging in specified political activities. Authorizes appropriations. Gives any person or entity a private cause of action against a recipient for the purpose of enforcing this Act. Repeals the Legal Services Corporation Act. Provides for the transfer of all assets, liabilities, obligations, property, and records of the Legal Services Corporation to the Administration. Authorizes appropriations for FY 1991 to carry out the transition from the Corporation to the Administration.
United States · United States Congress · 12 July 1989
Consolidated Maternal and Child Health Services Act of 1989 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services, for each fiscal year, to make an allotment for, and payments to, each State for maternal and child health care and related services, including: (1) for women, providing health services related to pregnancy; (2) for infants and children, providing preventive health services; (3) for infants not exceeding one year of age, providing comprehensive health services; (4) training individuals in administering such services for women, infants, and children; (5) conducting evaluations of such services; and (6) conducting surveys or studies required by the Secretary under this Act. Requires that the services for women, except for inpatient services, be provided at a single facility in the community. Imposes the same requirement on the services for infants and children. Authorizes States to expend the payments to make grants to public and nonprofit entities and to enter into contracts with public and private entities. Declares that, notwithstanding any other law, if an individual is eligible for any service or item under these provisions, the individual may not receive the service or item under specified provisions of: (1) titles V (Maternal and Child Health Services), XIX (Medicaid), and XX (Grants to States for Social Services) of the Social Security Act; (2) the Public Health Service Act; (3) the Child Nutrition Act of 1966; (4) the Agriculture and Consumer Protection Act of 1973; and (5) any other Federal program providing services or items with respect to maternal or child health. Excludes from the consolidation those programs: (1) involving nutrition services through school facilities or child-care facilities; or (2) providing cash assistance to beneficiaries, including under titles IV (Child Welfare Programs) and XVI (Supplemental Security Income) of the Social Security Act. Repeals titles X (Population Research and Voluntary Family Planning Programs) and XX (Adolescent Family Life Demonstration Projects) of the Public Health Service Act. Requires the head of the agency that administers each program consolidated by this Act to make a determination regarding any amendments which should be made to any Act affecting that program and report to the appropriate committees of the Congress. Prohibits payments to a State unless the State agrees that the payments will not be expended to pay for any abortion, or for any counseling on or referral for obtaining any abortion, except where the life of the mother would be endangered if the fetus were carried to term. Limits administrative expenditures to ten percent of the payments. Sets forth reporting and auditing requirements. Prohibits payments to a State unless the State agrees that the State will: (1) provide services without regard to the ability of an individual to pay; (2) make charges, if any, pursuant to a public schedule of charges; (3) conduct surveys and studies as required by the Secretary and submit findings to the Secretary; (4) establish criteria to evaluate the performance of entities that receive funds from payments made to the State; (5) establish procedures for procedural and substantive independent State review of the failure by the State to provide funds for any such entity; (6) permit and cooperate with Federal investigations under provisions of this Act; and (7) maintain State expenditures for services or items provided for in this Act at a level not less than that maintained in the previous fiscal year. Sets forth a formula for determining the amount of the allotments to States. Directs the Secretary, for FY 1991, to make a supplemental allotment for each State that has made satisfactory progress toward: (1) providing all State-assisted maternal and child health services and items without regard to whether the services and items are provided with Federal financial assistance; and (2) providing the services and items pursuant to a single, standardized application form through which all desired services and items can be simultaneously requested. Sets forth: (1) a formula for determining the amount of the supplemental allotments; and (2) special provisions applicable to Indian tribes or tribal organizations. Authorizes appropriations. Requires any amounts paid to a State to remain available to the State for one year after the State receives the amounts.
United States · United States Congress · 29 June 1989
Directs the American Battle Monuments Commission to establish a memorial on Federal land in the District of Columbia or its immediate area to honor World War II veterans and to commemorate U.S. participation in that conflict. Directs the Commission to plan, design, construct, and oversee the operation of the memorial. Specifies that such design shall provide for accessibility by, and accommodations for, the physically handicapped. Establishes the World War II Memorial Advisory Board to: (1) promote the establishment of the memorial and encourage the donation of private funds for construction maintenance; (2) assist and cooperate with the Commission in the selection of the site and design for the memorial; and (3) transmit annual reports on its activities to the Congress. Authorizes the Commission to solicit private contributions for such memorial. Establishes a fund in the Treasury which shall be made available to the Commission to carry out this Act. Authorizes Federal funding, in addition to such private funds, for site preparation, design, planning, establishment, construction, maintenance, and operation of the memorial. Authorizes assistance from specified Federal departments and agencies, including the Library of Congress. Authorizes Federal property to be transferred to the Commission. Authorizes the Commission to purchase suitable property within the District of Columbia for the establishment of such memorial. Urges the Government to encourage 50th anniversary commemorations of the U.S. role in World War II. Urges the Smithsonian Institution and other Federal museums to develop commemorative exhibitions to be shared with academic institutions.
United States · United States Congress · 29 June 1989
Prohibits any cable system from being required, before January 1, 1991, to delete programming pursuant to certain Federal Communications Commission rules and regulations concerning syndicated program exclusivity.
United States · United States Congress · 28 June 1989
Medicare Catastrophic Coverage Revision Amendments of 1989 - Delays, for one year, the implementation of the Medicare Catastrophic Coverage Act of 1988, except for provisions of such Act expanding benefits under part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act.
United States · United States Congress · 28 June 1989
Innocent Landowner Defense Amendment of 1989 - Amends the Comprehensive Environmental Response, Compensation and Liability Act to create a rebuttable presumption that a defendant who has acquired real property has made all appropriate inquiry into previous ownership and uses of the property if he establishes that, immediately prior to or at the time of acquisition, he obtained a Phase I Environmental Audit (i.e., an investigation of the property, conducted by environmental professionals, to determine the obviousness of the presence or likely presence of a release or threatened release of hazardous substances including a review of specified records of the previous ownership and use of such property). Specifies that no such presumption shall arise: (1) unless the defendant has maintained a compilation of the information reviewed in the course of the Audit; and (2) if the Audit discloses the presence or likely presence of a release or threatened release of hazardous substances on the property to be acquired, unless the defendant has taken reasonable steps to confirm the absence of such release or threatened release.
![Official portrait of Rep. Shumway, Norman D. [R-CA-14]](https://www.congress.gov/img/member/s000393_200.jpg)