United States · United States Congress · 16 May 1989
Condemns General Manuel Noriega's actions with respect to the May 7th Panamanian election, the violent attack on Guillermo Endara and others by armed thugs acting on Noriega's behalf, and the expulsion of nine international journalists. Calls on General Noriega and the Panamanian Defense Forces to: (1) honor the election by recognizing Guillermo Endara as the victorious presidential candidate; and (2) respect the internationally recognized human rights of the Panamanian people. Calls on the world community of democratic nations to rebuke General Noriega's actions. Calls on the President to consult with the Western Hemisphere democracies in developing a common effort to urge the General to honor the election results. Supports the President's policy steps as an appropriate response to the Panamanian crisis. Expresses Congress' desire to work with the President to determine U.S. foreign policy in Panama.
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 · 9 May 1989
Americans with Disabilities Act of 1989 - Title I: General Prohibition Against Discrimination - Declares that it shall be discriminatory, on the basis of disability, to deny opportunities or to afford them unequally, to provide opportunities less effectively (or differently or separately, unless necessary for effectiveness), to assist an organization or individual that discriminates, or to otherwise limit opportunities enjoyed by others. Prohibits the use of standards, criteria, or administrative methods that have the purpose or effect of discrimination or perpetuate discrimination. Declares it discriminatory to deny equal opportunities because of the relationship or association of an individual with another individual with a disability. Allows as a defense to a charge of discrimination that an application of standards or criteria has been demonstrated to be both necessary and substantially related to the ability of an individual to take advantage of the essential components of the opportunity, and that the taking advantage cannot be accomplished by reasonable accommodations, modifications, or the provision of auxiliary aids or services. Title II: Employment - Prohibits discrimination by any employer, employment agency, labor organization, or joint labor-management committee against any qualified individual with a disability in job application procedures, hiring or discharge, compensation, advancement, training, and other terms, conditions, and privileges of employment. Lists types of actions construed to be discrimination. Makes the remedies set forth in specified provisions of the Civil Rights Act of 1964 and other specified Federal law available to any individual who believes that he or she is being or is about to be subjected to discrimination in violation of this Act. Title III: Public Services - Declares that no qualified individual with a disability shall be excluded from the participation in, denied the benefits of, or subjected to discrimination by a State, or by an agency, political subdivision, or other instrumentality of a State. Lists types of actions deemed, for purposes of this Act and specified provisions of the Rehabilitation Act of 1973, to be discrimination with regard to public transportation. Makes the remedies and rights set forth in specified provisions of the Rehabilitation Act of 1973 available to any individual who believes that he or she is being or is about to be subjected to discrimination in violation of this Act. Title IV: Public Accommodations and Services Operated by Private Entities - Prohibits discrimination on the basis of disability in the enjoyment of any place of public accommodation. Lists types of actions construed to be discrimination. Prohibits discrimination on the basis of disability in public transportation services provided by a private entity that is primarily engaged in transporting people, but that is not in the principal business of air transportation. Lists types of actions construed to be discrimination. Makes specified provisions of the Fair Housing Act relating to enforcement available, subject to exception, to any aggrieved individual. Title V: Telecommunications Relay Services - Defines "telecommunications relay services" to mean services that enable simultaneous communication between individuals who use telecommunications devices for the deaf (TDDs) or other nonvoice terminal devices and individuals who do not use such devices. Declares it discriminatory for any common carrier that offers telephone services to the public to fail to provide interstate or intrastate telecommunication relay services that are equal to those provided to their customers who are able to use voice services, except in any State in which services are provided through an entity designated by the State. Declares it discrimination by a State that makes such a designation if the State fails to provide interstate or intrastate relay services that are equal to those provided to their voice customers. Makes specified provisions of the Fair Housing Act relating to enforcement available, subject to exception, to any aggrieved individual. Requires the Federal Communications Commission to enforce this title. Makes specified provisions of the Communications Act of 1934 apply with respect to the enforcement of this title. Provides for cease and desist orders by the Commission and for monetary penalties. Title VI: Miscellaneous Provisions - Prohibits retaliatory discrimination against any individual because of actions related to this Act. Declares that a State shall not be immune under the 11th Amendment to the Constitution from an action in Federal court for a violation of this Act. Requires the Architectural and Transportation Barriers Compliance Board to issue minimum guidelines to supplement the existing Minimum Guidelines and Requirements for Accessible Design. Allows the awarding of reasonable attorney's fees, in certain circumstances, in any action or proceeding under this Act.
United States · United States Congress · 9 May 1989
Infectious Disease Control Act of 1989 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to establish a National Program for Tropical Medicine to achieve optimal prevention of human infectious diseases originating in the tropics and to plan and coordinate governmental and non-governmental activities. Requires the Program to be administered by a Director selected by the Secretary. Sets forth Program responsibilities of the Director and requires the Director to prepare a plan for the implementation of those responsibilities. Establishes the National Committee on Tropical Medicine to advise the Director. Authorizes appropriations for FY 1990 through 1992.
United States · United States Congress · 9 May 1989
Advanced Television Competitiveness Act of 1989 - Directs the Secretary of Commerce to provide for the establishment of an industry-led consortium, to be known as TV Tech, to conduct research, development, and manufacturing activities in the field of high definition television and other advanced television systems. Outlines membership provisions concerning TV Tech. Requires the Directorate of TV Tech (the controlling group) to appoint from among employees of firms that are members of TV Tech a Commercial Coordinating Group to coordinate and advise on the commercially related activities of TV Tech and a Technical Coordinating Group to coordinate and advise on the technical activities of TV Tech. Requires the Directorate to establish a variety of projects related to advanced television system technologies, each to be supervised by a project leader. Provides a Project Leaders Coordinating Group to facilitate the sharing among projects of costs, planning, and the dissemination of obtained information. Establishes an Advisory Council on Federal Participation in TV Tech to: (1) advise the Directorate on appropriate goals for activities; and (2) conduct an annual review of TV Tech activities to determine progress made in achieving the purposes of this Act. Outlines membership and funding provisions for the Council. Provides that the conduct of any person making or performing a contract to carry out activities authorized by this Act shall not be considered illegal per se under antitrust laws, but shall be judged on the basis of its reasonableness. Provides that, for the purposes of damages recovery and attorneys' fees, conduct authorized by this Act shall be considered within the scope of a notification under appropriate provisions of the National Cooperative Research Act of 1984. Permits TV Tech to enter into contracts which would result in the transfer to any person outside the United States of technology developed in the United States only when authorized by the Directorate, in consultation with the Advisory Council. Permits a non-U.S.-owned firm to obtain licensing rights from TV Tech with respect to technology developed in the United States only if: (1) all royalties connected with such license are retained by TV Tech or a U.S.-owned firm; and (2) all components are manufactured in the United States, unless special circumstances warrant otherwise. Provides for reversion to TV Tech of all patents held by a member firm of TV Tech which ceases to be a U.S.-owned firm. Allows research and development programs undertaken by TV Tech to culminate in pilot projects as appropriate. Authorizes TV Tech to enter into agreements with a State to encourage development of full-scale projects at the State level.
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 · 4 May 1989
Amends the Older Americans Act of 1965 to require the Commissioner on Aging to give special consideration to funding demonstration projects providing older individuals with the opportunity to serve as volunteers furnishing long-term care services to nursing home residents.
United States · United States Congress · 4 May 1989
Motor Vehicle Theft Law Enforcement Improvement Act of 1989 - Amends the Tariff Act of 1930 (as amended by the Trade and Tariff Act of 1984) to require customs officers to verify the identification numbers of certain vehicles with the National Crime Information Center before such vehicles are exported.
United States · United States Congress · 4 May 1989
Rural Health Improvement Act of 1989 - Title I: Medicare Program Changes - Amends title XVIII (Medicare) of the Social Security Act to update Medicare payments for inpatient hospital services for FY 1990 by the percentage recommended by the Prospective Payment Assessment Commission with respect to all hospitals located in the respective type of area and by the market basket percentage increase for hospitals in all areas thereafter. Directs the Secretary of Health and Human Services to report recommendations to the Congress, within one year of this Act's enactment: (1) for adjusting Medicare payments for inpatient hospital services so that they reflect differences in the severity of illnesses that are classified within the same diagnosis-related group; (2) to modify hospital area wage factors to reflect, in the case of rural hospitals, wages for professional personnel on a regional, rather than strictly rural, basis and take into account the differential impact of contract labor costs and non-contract labor costs on rural hospitals; and (3) to recalculate standardized Medicare payments for inpatient hospital services using the most current information on hospital costs. Requires the Secretary to annually update area wage factors used in determining what portion of a hospital's costs are attributable to wages. Directs the Secretary to study and report to the Congress, within six months of this Act's enactment, on alternative Medicare reimbursement systems for small rural hospitals. Requires the Prospective Payment Assessment Commission to submit a written review of the preceding reports to the Congress within 60 days of their transmittal to the Congress. Provides additional payments to Medicare-dependent, small rural hospitals up to FY 1992 (when the transition to a single average standardized Medicare payment rate is required to begin), ensuring the coverage of such hospitals' reasonable operating costs for Medicare inpatient hospital services. Requires the recomputation of Medicare sole community hospital payment rates using the most recent information on hospital-specific costs per case and, if greater, national rather than regional prospective payment rates. Includes, in the Secretary's determination as to whether a hospital is a sole community hospital, consideration of the travel time to the nearest alternative source of inpatient care and the number of patients who seek health services which are unavailable in the hospital's area. Establishes the Medicare Geographical Classification Review Board to decide on a rural hospital's application for classification as an urban hospital for Medicare payment purposes. Amends the Omnibus Budget Reconciliation Act of 1987 to require that the Secretary give special attention to grants for demonstration projects establishing new cooperative models for rural health care delivery as part of the grant program assisting small rural hospitals and their communities to adjust to changes in the need for their services. Extends the regional referral center classification of hospitals so classified as of September 30, 1989, and the payment rates applicable to such hospitals under the Medicare program, through FY 1991. Amends title VII (Administration) of the Act to place the Office of Rural Health Care in the Office of the Assistant Secretary for Health in the Department of Health and Human Services. Requires the Director of the Office of Rural Health Care to establish a program to set policy and make grants with respect to agricultural health and safety. Requires such Director and the Administrator of the Health Care Financing Administration to establish a liaison to coordinate policies concerning rural health under the Social Security Act and under the Public Health Service Act. Title II: Public Health Service Act Programs - Amends the Public Health Service Act to direct the Secretary to give special emphasis to the health manpower needs of rural areas when assigning National Health Service Corps members to health manpower shortage areas. Requires the Secretary to set aside at least 50 percent of the amounts appropriated for National Health Service Corps scholarship and loan repayment programs for individuals attending nurse practitioner education programs and agreeing to serve in a nurse practitioner health manpower shortage area. Deems the shortage of nurse practitioners to be a sufficient criterion for designating an area, facility, or population group as a health manpower shortage area. Directs the Secretary to establish an agricultural health and safety education and training program. Requires the Secretary to study and report to the Congress, within six months of this Act's enactment, on a model State law providing health insurance to individuals who lack adequate health insurance.
United States · United States Congress · 4 May 1989
Precludes veterans entitled to benefits under the All-Volunteer Force Educational Assistance Program from receiving other veterans' educational assistance.
United States · United States Congress · 3 May 1989
De Soto Trail Commission Act of 1989 - Title I: De Soto Expedition Trail Commission - Establishes in the Department of the Interior the De Soto Expedition Trail Commission to assist with the establishment of a commemorative highway route of the De Soto expedition through the States of Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, and Texas. Authorizes appropriations. Title II: Highway Route of the De Soto Expedition - Directs the Secretary of the Interior to designate a vehicular route as the Highway Route of the De Soto Expedition. Authorizes appropriations.
United States · United States Congress · 3 May 1989
Cable Consumer Protection Act of 1989 - Amends the Communications Act of 1934 to repeal certain limitations on the authority of a State or local government to regulate the rates for cable television service. Authorizes a State or franchising authority to require the alteration of rates following any change in service by a cable operator (such as the rearrangement of cable service tiers). Requires such State or franchising authority to issue a final decision on such an alteration of rates within 60 days of public notice and opportunity for hearing. Authorizes a State or franchising authority to prohibit the ownership or control of a cable system by a person because of such person's ownership or control of media of mass communications or other media interest, but limits the enforcement of such prohibition to either: (1) granting or denying a renewal of the franchise; or (2) granting or denying an application to transfer ownership or control of the cable system. Amends Federal copyright law with respect to compulsory licensing requirements for the secondary transmission by a State or local franchising authority of a primary transmission made by a broadcast station licensed by the Federal Communications Commission (FCC) to require cable system compliance with certain must-carry requirements. Provides that a cable system complies with the must-carry requirements if the FCC certifies that such cable system: (1) carries, as part of their basic tier of cable service, specified signals of television broadcast stations; and (2) carries each station on the cable channel on which it was carried on July 19, 1985, or on the channel number assigned to such station by the FCC, or on such other cable channel as may be acceptable to the television broadcast station.
United States · United States Congress · 3 May 1989
Oil Spill Resource Restoration Act - Requires the Commandant of the Coast Guard, in the case of a major spill on navigable water, the Secretary of the Interior, in the case of any other spill, and the Governor of the State in which the spill occurs to submit to the Administrator of the Environmental Protection Agency petitions for the initiation of an expedited damage assessment proceeding. Authorizes trustees and any persons affected by such spill to submit petitions to the Administrator. Directs the Administrator, upon receiving a petition, to immediately initiate an expedited assessment of the damages to natural resources caused by the spill. Requires the Administrator to issue an order making a finding whether the spill is a major spill and, upon finding that it is a major spill, to: (1) designate lead Federal and State trustees, based on which Federal and State trustees' natural resources are most likely to be severely affected by such spill; (2) establish a natural resources trustee commission to be composed of such trustees and the Administrator; and (3) direct the responsible parties to establish a trust fund which is accessible to such commission and in an amount adequate to pay costs incurred by the commission in conducting a full assessment of the damages to natural resources and preparing a restoration and replacement plan. Authorizes the Administrator to revise such order upon submission of a petition asserting that the amount deposited in the trust fund is insufficient to carry out a full damage assessment. Requires the commission to present a final claim to the responsible parties for the cost of repairing and replacing natural resources damaged by a spill. Authorizes the Commission to amend such claim upon receiving new information regarding the nature or extent of damages or destruction caused by such spill. Requires the responsible parties to deposit the final claim amount into the trust fund. Terminates the commission on a finding that natural resources were not significantly destroyed or damaged or that such resources have been restored to the extent practicable. Provides for automatic termination of the commission six years after the commission presents its final claim unless the commission finds specific reason to continue assessment and oversight functions. Provides for judicial review of any order, final claim, or termination of the commission pursuant to this Act. Creates a rebuttable presumption that such orders and final claims shall be valid unless proven to be arbitrary, capricious, or otherwise not in accordance with law. Makes responsible parties who fail to meet the requirements of this Act liable for specified punitive damages. Amends the Internal Revenue Code to disallow any income tax deduction for oil or hazardous substances cleanup costs, including related legal expenses, unless: (1) the Secretary of the Treasury receives certification from the relevant authority that the taxpayer has made a good faith effort to comply with specified Federal environmental law; or (2) the discharge was caused by an act of God, an act of war, negligence on the part of the U.S. Government, or an act or omission of a third party.
United States · United States Congress · 3 May 1989
Head Start Improvement Amendments of 1989 - Expresses the sense of the Congress that all Head Start programs should provide, as authorized by the Head Start Act, more than one year of Head Start services to children from age three to the age of compulsory school attendance in the State where the program is located. Amends the Head Start Act to define "full-working-day" as at least six hours per day. Requires each Head Start agency to provide full-working-day Head Start services throughout the year (excluding Saturdays, Sundays, and applicable legal public holidays). Authorizes appropriations under the Head Start Act from FY 1990 through 1994.
United States · United States Congress · 3 May 1989
Designates the Labor Day weekend beginning on September 2, 1989, as National Drive for Life Weekend. Calls on people to observe that weekend with a pledge to not drink and drive.
United States · United States Congress · 2 May 1989
Facsimile Advertising Regulation Act - Amends the Communications Act of 1934 with respect to telephone facsimile machines (equipment which has the capacity to reproduce text or images into an electronic signal, transmit such signal over a regular telephone line, receive such signals, and produce a copy of the transmitted text and images). Makes it unlawful for any person in the District of Columbia or in interstate or foreign communications, by means of a telephone, to use any telephone facsimile machine (fax machine) or other electronic device to send any unsolicited advertisement to the fax machine of any person whose number is on record with a common carrier as the number of one objecting to receipt of such advertisements. Directs each common carrier to maintain a list of persons who notify them of their objection to receiving such unsolicited advertisements by fax machines. Directs the Federal Communications Commission to revise the regulations governing fax machines to require that any such machine which is manufactured six months after the enactment of this Act and used for the distribution of unsolicited advertising be equipped to identify the date and time sent, an identification of the business sending the advertising, and the telephone number of the sending machine.
United States · United States Congress · 2 May 1989
Foreign Language Competence for the Future Act of 1989 - Authorizes the Secretary of Education to make: (1) grants to higher education institutions and consortia for summer foreign language institutes for elementary and secondary school foreign language teachers; (2) allotments to State education agencies for revolving loan funds for college students majoring in elementary and secondary foreign language education; (3) matching grants to States and major metropolitan areas for foreign language institutes and world trade council units to provide language training, translation services, and information about other cultures and markets to small- and medium-sized businesses seeking to enter export markets; (4) demonstration grants to State education agencies, higher education institutions, and nonprofit education and professional associations for technology for distance learning; and (5) demonstration grants to eligible consortia for critical languages and area studies programs and other activities to improve and expand elementary and secondary foreign language instruction. Authorizes appropriations for FY 1990 through 1994.
United States · United States Congress · 2 May 1989
Elephant Protection Act - Requires the United States Trade Representative (USTR), before January 1, 1990, to identify each foreign country that has enacted sanctions against trading in ivory. Requires the USTR to: (1) determine, for each year after 1989, if each identified country has effectively enforced such sanctions; (2) determine, for each year after 1990, if each foreign country not so identified has enacted such sanctions; and (3) determine, for each year after 1990, if such countries that have implemented sanctions against trading in ivory have enforced them. Directs the USTR to: (1) make such determinations for each year; (2) notify the President of each negative determination; and (3) publish each negative determination in the Federal Register. Requires the President, after receiving a negative determination with respect to any foreign country, to revoke nondiscriminatory treatment (most-favored-nation treatment) for all products of such country that are imported into the United States. Makes it unlawful for any person to import or export ivory products. Sets forth civil and criminal penalties. Amends the Internal Revenue Code to deny foreign tax credit benefits with respect to income derived from trading in ivory. Provides that ivory-related income shall not be treated as foreign base company income.
United States · United States Congress · 2 May 1989
Child Welfare and Foster Care Amendments of 1989 - Title I: Provisions Relating to Older Children in Foster Care Independent Living Program - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to authorize States to continue foster care payments for children under age 21 who are participating in an independent living program but have exceeded the age limit (age 18 or, for full-time secondary school students, 19) for such payments. Extends, indefinitely, Federal funding for State programs to assist children who have attained age 16 in making the transition from foster care to independent living. Title II: Health Care Plans for Foster Care Children - Requires that: (1) the written case plan developed for each foster care child include a health care record and plan for each child indicating how the child's health care needs have been and are being met; and (2) foster care children who are under a State's responsibility and not covered under title XIX (Medicaid) of the Act receive comprehensive health assessments comparable to those required under the Medicaid early and periodic screening, diagnosis, and treatment program. Reimburses States for a percentage of assessment costs equal to the Medicaid Federal assistance percentage. Directs the Secretary of Health and Human Services to: (1) develop and disseminate foster children health care standards; and (2) provide technical assistance to foster care agencies and providers to ensure the development and management of health care plans and records for foster children and the adequate provision of health care assessments and services to such children. Title III: Training and Compensation of Foster Care Parents, Staff, and Providers - Directs States to require foster parents and staff members of child-care institutions to satisfactorily participate in training designed to familiarize them with the special needs and problems of foster children. Requires States to develop specific training and retraining requirements and provide free child care services to foster parents who are receiving such training. Covers 75 percent of State costs of providing such training and child care. Requires that in conducting periodic reviews of foster care payment amounts States give full consideration to increases in the cost of providing foster care and the costs relating to the care of children with extraordinary physical or mental health care needs. Directs the Secretary to periodically (at least biennially) collect information on each State's level of foster care payments and distribute such information to all States. Title IV: Increase in Authorization for Child Welfare Services under Title IV - B of the Social Security Act and Extension of Transfer of Funds Provisions - Amends part B (Child Welfare Services) of title IV of the Act to increase authorized appropriations under such program. Amends the Foster Care and Adoption Assistance program to extend through FY 1991: (1) the ceiling on Federal payments to States for foster care expenditures; and (2) the authority for States to use such payments to cover expenditures under part B (Child Welfare Services) of title IV of the Act. (Currently, such ceiling and authorization runs through FY 1989.) Title V: Effective Date - Makes this Act's amendments effective on October 1, 1989, unless otherwise specified.
United States · United States Congress · 2 May 1989
Enclave Fire Protection Act of 1989 - Requires a Federal, State, or regional enclave which relies on the services of the emergency response personnel of a subordinate jurisdiction to cooperate with such personnel when such personnel are planning for and responding to emergencies involving the enclave. Permits such enclaves to take the steps necessary to protect national security information.
United States · United States Congress · 2 May 1989
Precludes veterans entitled to benefits under the All Volunteer Force Educational Assistance Program from receiving other veterans' educational assistance. Terminates other veterans' educational assistance as of June 30, 1993.
United States · United States Congress · 27 April 1989
Urban and Community Forestry Act of 1989 - Directs the Secretary of Agriculture to submit an urban and community forestry report to the Congress. Amends the Cooperative Forestry Assistance Act to provide for an expanded urban forestry education and technical assistance program. Directs the Secretary to: (1) establish an urban and community forestry matching grant program; (2) make plants available to urban areas and assist in their selection, planting, and maintenance; and (3) establish a National Urban and Community Forestry Advisory Council which shall prepare a national urban and community forestry action plan for the Secretary and the Congress. Authorizes FY 1990 through 1999 appropriations.
United States · United States Congress · 26 April 1989
Automated Telephone Solicitation Protection Act of 1989 - Amends the Communications Act of 1934 with respect to automatic telephone dialing devices (telephone terminal equipment with the capacity to store or produce numbers, dial them, and deliver a prerecorded message without manual assistance). Makes it unlawful for any person in interstate or foreign communications to use such device for a telephone solicitation to a telephone customer unless: (1) the recorded message states the name and telephone number of the person initiating the call; (2) the dialer automatically terminates its connection within five seconds after the person called fails to give consent to the recorded message or hangs up his or her telephone; (3) the device does not make calls to any emergency phone numbers; or (4) the device is used only between the hours of 9 a.m. and 5 p.m. States exceptions to such prohibition. States that a $5,000 limitation on certain forfeiture penalties under such Act does not apply to violations of such prohibition. Requires the Federal Communications Commission and the Federal Trade Commission to jointly study and report to the Congress on the practicality and constitutionality of a complete ban on the use of automatic dialing devices to deliver telephone solicitations.
United States · United States Congress · 26 April 1989
Asbestos Hazard Emergency Response Amendments of 1989 - Amends the Toxic Substances Control Act to prohibit persons from having a financial interest in both the contractor who prepares a school asbestos plan and the contractor who implements such plan. Directs the Administrator of the Environmental Protection Agency to promulgate regulations concerning air monitoring for asbestos to require that: (1) such monitoring be based on electron microscopy with a certain analytical sensitivity; (2) such monitoring be conducted in a manner most likely to detect asbestos; and (3) no person may have a financial interest in both the monitoring contractor and the contractor performing the response action. Requires the model school asbestos contractor accreditation plan for States to include a State-approved contractor training course and require that those who have passed the accreditation exam engage in supervised work experience before achieving accreditation. Directs the Administrator and the States to establish procedures for terminating accreditation. Requires the Administrator to review and report to the Congress on procedures in effect in some States to expedite accreditation reciprocity and the need and feasibility of developing a model procedure. Authorizes the Administrator to distribute an advisory model to States. Directs the Administrator to: (1) develop and implement a plan for conducting random, on-site school inspections to ensure that asbestos response actions are carried out in a manner that protects human health and the environment; (2) promulgate regulations to require school asbestos contractors to provide assurances of financial responsibility for all liabilities resulting from their work; and (3) promulgate regulations to delineate the division of responsibility between the EPA and the Occupational Safety and Health Administration for worker safety under the Asbestos Hazard Emergency Response program. Authorizes school employees who are directed to conduct emergency repairs or operations and maintenance activities which may involve asbestos to refuse to conduct such activities unless they are provided with proper equipment and training and allowed to follow safe work practices. Directs the Administrator to promulgate regulations requiring owners of Federal, State, and commercial buildings to conduct asbestos inspections and, if asbestos is present, develop and implement asbestos management plans for such buildings. Sets deadlines for the implementation and completion of such activities. Provides for notification of the building occupants and the State Governor or Administrator, as appropriate, prior to undertaking such activities. Imposes civil monetary penalties against building owners who violate such regulations. Directs the Administrator to develop and report to the Congress on a system for monitoring asbestos-containing material removed from schools to assure that it is transported and disposed of in a manner protective of human health and the environment. Establishes an Asbestos Abatement Scientific Commission to assess available asbestos response actions for their effectiveness and appropriateness in protecting human health and the environment. Sets forth reporting requirements.
United States · United States Congress · 26 April 1989
Federal Prison Improvement Act of 1989 - Requires the President to direct the Attorney General and the heads of specified Federal departments and agencies jointly to identify and propose Federal facilities, property, and land to be used for emergency confinement facilities. Directs the Bureau of Prisons to: (1) identify specific categories of prisoners who could be reassigned from current Federal correctional facilities or who could be sentenced initially to emergency confinement facilities; (2) review and recommend the technology and programs necessary to establish, staff, and operate emergency confinement facilities; and (3) develop a five-year prison construction plan to eliminate the need for emergency confinement facilities. Requires the President to submit to the Congress a report including: recommendations, the five-year plan, and implementing legislation.
United States · United States Congress · 25 April 1989
Economic Growth Zone Act of 1989 - Title I: Designation of Economic Growth Zones - Directs the Secretary of Housing and Urban Development to designate between 200 and 250 nominated areas as economic growth zones over a five-year period. Sets forth the authorities that a State or local government must have in order to nominate an area for such designation. Sets forth the eligibility requirements that an area must meet in order to be nominated for designation, including pervasive poverty, unemployment, and general distress. Permits the Secretary to give preliminary approval to a nominated area as an economic growth zone if: (1) the local government involved has prepared a preliminary economic growth zone development plan containing specified information; and (2) the local government involved prepares a preliminary plan for comprehensive improvement of the infrastructure of such area so as to improve general economic conditions. Permits the Secretary to approve such designation if preliminary approval has been given and specified conditions are met. Sets forth considerations for the final review and approval of an application for designation. Title II: Advisory Neighborhood Councils - Requires the State or local government in which an economic growth zone is designated to establish a neighborhood council to advise the local government on all matters relating to economic growth zone activities. Title III: Assistance for Economic Growth Zones - Requires each local government in which an economic growth zone is located to establish an economic growth zone development fund to be used as a revolving fund for making or guaranteeing loans to small businesses for initial or working capital, or facilities and equipment. Requires each such local government which is a metropolitan city or urban county receiving a community development block grant to dedicate a specified amount of such grant to such fund for at least two consecutive years. Authorizes appropriations for grants to match such amounts dedicated by local governments for FY 1990 through 1994. Sets forth the procedures for making such loans and guarantees. Permits the Secretary to guarantee the notes or other public obligations issued by units of local government for the acquisition, construction, rehabilitation, or repair of the infrastructure of economic growth zones located in such units of general local government. Requires that a certain percentage of funds appropriated for urban development action grants for FY 1990 through 1994 be set aside for the purpose of making grants to units of general local government on behalf of projects located within economic growth zones. Requires that preference in the Department of Housing and Urban Development programs be given to any program or organization located in or primarily serving an economic growth zone and to any local government which has an economic growth zone. Permits the Secretary to make mortgage insurance available for eligible properties within an economic growth zone. Provides for the use of vacant or underdeveloped dwellings for economic and community development within such areas. Permits the Secretary to make grants to units of local government and nonprofit organizations for the development of facilities in economic growth zones to be used by new businesses. Authorizes appropriations for FY 1990 through 1994. Amends the Neighborhood Reinvestment Corporation Act to require the Neighborhood Reinvestment Corporation to carry out neighborhood preservation projects in appropriate economic growth zones. Authorizes appropriations for FY 1990 through 1994. Amends the Housing Act of 1964 to permit the Secretary to make loans for the rehabilitation of commercial property in economic growth zones. Authorizes appropriations for FY 1990 through 1994. Prohibits assistance for facility relocation if it adversely affects the employment or economic base of the location from which the facility is to be relocated. Title IV: General Provisions - Requires the Secretary to coordinate the economic growth zone program with other Federal programs. Requires the Secretary to issue regulations to carry out the provisions of this Act. Requires the Secretary to make annual reports to the Congress on the effects of the designation of such economic growth zones in accomplishing the purposes of this Act.
United States · United States Congress · 25 April 1989
Department of Veterans' Affairs Minority Affairs Act - Directs the Secretary of Veterans Affairs to designate the Assistant Secretary in the Department of Veterans Affairs (VA), whose functions include equal opportunity functions as the Chief Minority Affairs Officer. Outlines the duties of the Chief Minority Affairs Officer (the Chief), including the following: (1) investigating and examining VA activities affecting minority group members who are veterans or who receive benefits from the VA; (2) assessing the needs of minority veterans within the VA; (3) advising the Secretary regarding the effect on minority veterans of policies, regulations, and programs of the VA and of methods to ensure that minority veterans are afforded an opportunity to participate fully in the activities and benefits of the VA; and (4) carrying out any other additional functions as the Secretary may prescribe. Establishes within the VA five Deputy Officers of Minority Affairs, each of whom shall be appointed by the Secretary. Requires each officer to be responsible for one of the following areas: (1) Asian American affairs; (2) Black American affairs; (3) Hispanic American affairs; (4) Native American affairs; and (5) women's affairs. Requires the Secretary, no less than annually, to report to the Congress a detailed description of any activities and policies of the VA relating to minority group members who are veterans or who receive benefits from the VA and the duties of the Chief and the Deputy Officers of Minority Affairs.
United States · United States Congress · 25 April 1989
Amends rule IV of the Rules of the House of Representatives to direct the Sergeant-at-Arms to obtain and distribute the customary metal tags provided for under the District of Columbia Traffic Act, 1925 which identify congressional vehicles.
United States · United States Congress · 18 April 1989
Tropical Forestry Initiative Act - Requires the Secretary of Agriculture to conduct a research program that focuses on methods to slow or reverse tropical deforestation. Directs the Secretary to enter into a memorandum of understanding with the Secretary of the Interior setting forth the methods by which the Secretary of the Interior will assist in accomplishing the purposes of this Act. Requires the President's proposed budget to the Congress to specifically identify funds to be spent on such research. Authorizes and directs the Secretary to administer an Institute of Tropical Forestry in Puerto Rico to: (1) conduct long-term research that includes the designation and management of units that protect tropical forests, the relationship between the atmosphere and such forests, sustainable economic development and regeneration and restoration of such forests, and the effects of deforestation on various environmental and economic factors; and (2) provide assistance that includes technology transfer from such research, the training of foreign researchers, and the promotion of research by other institutions. Authorizes and directs the Secretary to manage the Caribbean National Forest (also known as the Luquillo Experimental Forest) as a model of tropical forest management for use in international outreach, study, training, and research. Requires the Secretary to construct the necessary training and educational facilities in such forest. Authorizes appropriations.
United States · United States Congress · 18 April 1989
Live Performing Arts Labor Relations Amendments - Amends the National Labor Relations Act to exclude specified types of employers and performers in the live performing arts from coverage under unfair labor practice provisions: (1) prohibiting specified contracts or agreements between employers and labor organizations; and (2) prohibiting specified actions of labor organizations to force or require cessation of dealings with others, joining of labor or employer organizations, or recognition of or negotiation with labor organizations not certified as representative. Permits such employers to: (1) agree with a labor organization to make membership in it a condition of performing arts employment; and (2) make agreements with a labor organization covering performing artists even if its majority status has not yet been established. Defines "employer" to include purchasers of live musical performance services. Defines "employee" to include independent contractors engaged to perform live musical services.
United States · United States Congress · 18 April 1989
Food Labeling and Heart Disease Reduction Act of 1989 - Amends the Federal Food, Drug, and Cosmetic Act to deem foods containing fat, cholesterol, or sodium to be misbranded unless their labeling states certain information with regard to: (1) calories from fat; (2) total fat and saturated, polyunsaturated, or monounsaturated fat; (3) sodium; and (4) cholesterol.
United States · United States Congress · 18 April 1989
Amends title XVIII (Medicare) of the Social Security Act to require the Secretary of Health and Human Services to use the most current data available when updating hospital area wage index factors (used in determining the amount of Medicare payments to be made to hospitals for wage-related costs).
United States · United States Congress · 18 April 1989
Employee Educational Assistance Act of 1989 - Repeals provisions of the Internal Revenue Code that: (1) terminated the income tax exclusion of amounts paid under employee educational assistance programs as of tax year 1989; and (2) deny benefits in connection with graduate work.
United States · United States Congress · 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 · 18 April 1989
Designates December 21, 1989, as a national day of mourning for the victims of the crash of Pan American Airways Flight 103. Expresses the sense of the Congress that the United States should: (1) determine the cause of the crash; and (2) identify those responsible for the crash and bring them to justice.
United States · United States Congress · 17 April 1989
Requires the Committee on House Administration, not later than December 31, 1989, to: (1) take such action as may be necessary to discontinue use of disposable polystyrene foam trays, dishes, and beverage containers in the food service operations of the House of Representatives; and (2) require that disposable trays, dishes, and beverage containers used in such operations be biodegradable.
United States · United States Congress · 13 April 1989
Childless Veterans Assistance Act of 1989 - Authorizes the Secretary of Veterans Affairs to provide procreative services and reimbursement for adoption expenses to veterans (or their spouses) with a service-connected inability to procreate. Prohibits the Secretary from reimbursing a veteran for adoption expenses: (1) until after the adoption is final; (2) that are paid to or for the veteran under any other program administered by the Federal Government or by a State or local government; or (3) in an amount greater than $2,000 per child or $4,000 total per veteran.
United States · United States Congress · 13 April 1989
Amends the Internal Revenue Code to permit an individual taxpayer an income tax deduction for travel, food, lodging, and transportation expenses paid or incurred in connection with the taxpayer's performance of services as a member of the armed forces reserves or the National Guard. Excludes the taxpayer's meal and entertainment expenses from deductibility limitations in this context.
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.
![Official portrait of Rescom. Fuster, Jamie B. [D-PR-At Large]](https://www.congress.gov/img/member/f000435_200.jpg)