United States · United States Congress · 29 September 1989
Rural Substance Abuse Information Clearinghouse and Education Act - Amends the Drug-Free Schools and Communities Act of 1986 to provide funds for substance abuse education programs serving individuals who reside in non-metropolitan areas. Directs the Administrator of the Alcohol, Drug Abuse, and Mental Health Administration to establish a special clearinghouse program to: (1) gather information pertaining to rural drug abuse treatment and education projects funded by the Administration, as well as other such projects operating throughout the United States; and (2) disseminate such information to rural hospitals, community health centers and organizations, and other interested individuals. Requires the Administrator to coordinate the clearinghouse program with the Office of National Drug Control Policy.
United States · United States Congress · 29 September 1989
Rural Substance Abuse Treatment and Education Act - Amends the Public Health Service Act to direct the Administrator of the Alcohol, Drug Abuse, and Mental Health Administration to establish a program to provide at least 100 grants to hospitals, community health centers, and chemical dependency treatment centers that serve non-metropolitan areas to assist such entities in developing projects that provide, or expand the availability of, chemical dependency treatment or education services. Authorizes appropriations.
United States · United States Congress · 28 September 1989
Repeals provisions of the Tax Reform Act of 1986 and the Technical and Miscellaneous Revenue Act of 1988 that establish nondiscrimination requirements for coverage and benefits under certain statutory employee benefit plans. (The consequence is the repeal of section 89 of the Internal Revenue Code.) Restores prior law under the Code.
United States · United States Congress · 28 September 1989
Repeals estate tax provisions of the Revenue Act of 1987 and the Technical and Miscellaneous Revenue Act of 1988 with respect to the inclusion in the gross estate of the value of certain types of transfers with a retained life estate.
United States · United States Congress · 28 September 1989
Designates November 11, 1989, as Washington Centennial Day in recognition of the economic, social, and historic contributions of Washington State to the United States over the past century.
United States · United States Congress · 27 September 1989
Savings and Investment Incentive Act of 1989 - Amends the Internal Revenue Code to exempt from the ten percent penalty tax on early distributions from qualified retirement plans: (1) first-time homebuyer distributions; and (2) qualified higher education expenses. Allows a deduction for 50 percent of the contributions made to individual retirement plans.
United States · United States Congress · 26 September 1989
Declares that: (1) Antarctica is a global ecological commons and should be managed under a new agreement among the Antarctic Treaty Consultative Parties or a protocol to the Convention on the Regulation of Antarctic Mineral Resource Activities which should for an indefinite period establish Antarctica as a region closed to commercial minerals development and related activities; (2) under such new agreement, information about minerals or other resources in Antarctica should be obtained under strictly controlled arrangements and should be openly shared in the international scientific community; (3) the Convention is not adequate to protect the environment of Antarctica and could stimulate commercial exploitation; (4) pending the negotiations and entry into force of a new agreement or protocol ensuring the full protection of Antarctica as a global ecological commons, the President should not present the Convention to the Senate for advice and consent to ratification; (5) the United States should support the interim measures presently in force among nations signatory to the Convention; and (6) the negotiation of such a new agreement or protocol should be a major item on the agenda of the pending XV Antarctic Treaty Consultative meeting opening on October 9, 1989.
United States · United States Congress · 22 September 1989
Small Business Disabilities Tax Credit Act of 1989 - Amends the Internal Revenue Code to allow a disability tax credit for qualified expenses to modify existing facilities, equipment, and materials to make them usable by individuals with disabilities and to make other accommodations for disabled persons. Allows a carry forward of excess qualified disability expenses. Repeals the treatment of expenditures to remove architectural and transportation barriers to the handicapped and elderly as an itemized deduction.
United States · United States Congress · 20 September 1989
Amends the Railroad Retirement Solvency Act of 1983 to extend for two years provisions for the transfer of tier 2 railroad retirement benefit taxation revenues from the general fund of the Treasury to the Railroad Retirement Account.
United States · United States Congress · 19 September 1989
Amends the Internal Revenue Code to reduce the occupational tax for retail dealers in liquor, wine, or beer if: (1) annual gross receipts from the sale of alcohol products equal less than $750,000; and (2) at least 33 percent of the alcohol products sold are consumed on the premises of such retail dealer.
United States · United States Congress · 18 September 1989
Drug-Free Rural America Act - Requires the Director of National Drug Control Policy to designate a Rural Drug Policy Coordinator to examine the special needs of rural areas in drug interdiction and coordinate the drug interdiction efforts of Federal agencies in such areas. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to set aside specified sums for rural areas. Directs the Attorney General to create 72 additional drug enforcement agent positions within the Drug Enforcement Administration to be assigned to drug interdiction activities in special need rural areas (i.e., States with a population density of 50 or fewer persons per square mile which experienced a rise in drug-related crime over the preceding five years). Authorizes appropriations. Requires the Director of the Bureau of Justice Assistance to establish a one-year highway drug interdiction program in which a grant of $500,000 shall be made to each of five special need rural areas. Specifies that such monies shall be used to: (1) establish a drug liaison office within the State police force to coordinate drug interdiction activities; (2) develop a plan for the most efficient use of State and local police forces responsible for highway patrol in drug interdiction; (3) provide financial support to implement such plan; and (4) evaluate and report to the Director on the effectiveness of the uses of such grant monies. Directs the Secretary of the Treasury to develop a drug interdiction training program for law enforcement officers in rural areas.
United States · United States Congress · 14 September 1989
Clean Air Restoration and Standards Attainment Act of 1989 - Title I: Provisions for Attainment and Maintenance of Ambient Air Quality Standards - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency, upon promulgation of a new or revised national ambient air quality standard, to designate areas subject to such Act as attainment, nonattainment, or unclassifiable, with regard to such standard. Designates: (1) areas not meeting standards for ozone or carbon monoxide averaged over an eight hour period as nonattainment areas; (2) areas identified in 52 Federal Register 29383 as Group I areas or areas containing a site showing violations of particulate matter 10 (PM-10) standards as PM-10 nonattainment areas; and (3) areas not fitting such descriptions for PM-10 as unclassifiable for PM-10. Revises the boundaries of ozone nonattainment areas located within metropolitan statistical areas (MSAs) or consolidated metropolitan statistical areas (CMSAs) to include the MSA or CMSA. Authorizes the Administrator to modify the boundaries of carbon monoxide nonattainment areas to include the MSA or CMSA if such modification is necessary to attain the air quality standard. Directs the Administrator to publish guidelines for enhanced State and local monitoring of emissions of pollutants for which there are national air quality standards and for improved inventories of emissions from mobile and stationary sources of such pollutants. Requires the Administrator to update periodically the June 1978 Transportation-Air Quality Planning Guidelines and to publish guidance on other measures necessary to demonstrate and attain air quality standard. Directs States to submit air quality standard implementation plans within 24 (currently, nine) months of the promulgation of a new or revised standard. Authorizes and directs the Administrator to require States containing attainment or unclassifiable areas with MSAs or CMSAs to submit implementation plans which provide for the maintenance of the standard for at least 20 years. Requires the updating of such plans every ten years. Extends the date by which the Administrator must approve or disapprove a State implementation plan to 12 (currently, four) months after the submission of such plan. Authorizes (currently, requires) the Administrator to set forth implementation plans for States which fail to submit or implement approved plans. Revises plan requirements. Requires permits issued for stationary sources to provide for: (1) terms not to exceed five years and compliance with applicable emission limitations and monitoring; (2) quarterly reports to the permitting authority on monitoring measures; (3) reports on any violations of the permit or other requirements and corrective measures; and (4) inspection and entry requirements. Provides for permit application fees to offset the costs of the permit program. Makes permit records available to the public. Prohibits the issuance of any permit unless the permitting authority has conducted an on-site inspection of the source. Directs the Administrator to publish guidelines for permit programs. Allows new or modified major stationary sources to comply with any offset requirement for increased air pollutant emissions reductions of such pollutant from other sources in the same nonattainment area. Requires such reductions to be in effect by the time such sources commence operation and to insure that the total tonnage of increased emissions is offset by a greater reduction in the actual emissions from other area sources. Requires States containing ozone, carbon monoxide, or PM-10 nonattainment areas, together with local officials of such areas, to review and update, as necessary, planning procedures for such areas. Directs the Administrator to consult with, and make recommendations to, the Secretary of Transportation on changes in Department of Transportation policies that will assist planning procedures under this Act. Authorizes States, in the case of areas included in more than one State, to implement jointly such procedures. Authorizes the imposition of the following sanctions on States which fail to comply with requirements for nonattainment areas: (1) a prohibition on the construction or modification of major stationary sources of the relevant pollutant in such areas; (2) a prohibition on the approval of highway projects or awarding of highway funds, with specified exceptions; and (3) the withholding of grants for air pollution planning and control programs. Makes Federal funds for highway projects exempt from such prohibition available without limitation. Limits the State share of such projects to ten percent of the total cost. Requires Federal transportation programs to implement all relevant transportation provisions of implementation plans. Prohibits Federal agencies from funding or approving any transportation program unless it conforms to this Act. Requires States to submit implementation plan revisions which provide for procedures for assessing the conformity of such programs. Outlines requirements for maintenance plans required for redesignations of areas. Requires such plans to: (1) provide for the maintenance of air quality standards for 20 years after the date of attainment; and (2) be updated every ten years and submitted to the Administrator for approval. Classifies ozone nonattainment areas as Moderate, Serious, Severe, or Extreme, based upon the percentage by which the air quality standard is exceeded in the area. Sets forth attainment dates of five, ten, fifteen, and twenty years from this Act's enactment, respectively, for Moderate, Serious, Severe, and Extreme areas. Requires States containing such areas to submit to the Administrator a current inventory of volatile organic compounds (VOCs) and nitrogen oxides emissions of area sources. Provides that State implementation plans for such areas shall require annual emissions statements from owners or operators of such sources, source operating permits, and vehicle registration fees. Waives emissions statements requirements for sources which emit less than 25 tons annually of VOCs or nitrogen oxides if the State provides an emissions inventory for such sources. Sets forth specified ratios for emissions reductions to increased emissions in Serious, Severe, and Extreme ozone nonattainment areas, Serious carbon monoxide nonattainment areas, and PM-10 nonattainment areas, for purposes of satisfying excess emissions offset requirements. Requires State implementation plans for Moderate areas to provide for: (1) an enhanced vehicle emissions control inspection and maintenance program to achieve reductions in VOC emissions of at least 4,700 tons per million vehicles or the use of fill nozzles by persons transferring gasoline to vehicle fuel tanks for facilities selling more than 20,000 gallons of gasoline per month; and (2) annual emissions fees, based on tonnage of VOCs and nitrogen oxides emitted by major stationary sources. Waives requirements for vehicle inspection, maintenance, and refueling programs for ozone nonattainment areas with specified design values unless compliance is needed to bring the area into attainment by the applicable deadline. Designates as major stationary sources, for purposes of Serious and Severe areas, facilities having the potential to produce at least 25 tons annually of VOCs. Requires State implementation plans for Serious areas to provide for: (1) emissions inventories for such areas and the 25-mile radius around such areas; (2) VOC emissions reductions of 12 percent from actual emissions in the year of classification to be averaged over three year periods until attainment is met; (3) annual reports; (4) transportation control measures in certain areas with emissions exceeding projected levels; (5) vehicle inspection, maintenance, and vapor recovery programs; (6) permit programs; (7) annual emissions fees; and (8) the implementation of reasonably available control technology by stationary sources of VOCs that are not covered by control technique guidelines and have the potential to emit at least 25 tons annually and stationary sources of nitrogen oxides that have the potential to emit at least 100 tons annually. Requires Severe areas to comply with requirements for Moderate and Serious areas. Increases annual emissions fees for Severe areas. Provides that implementation plans for such areas shall require: (1) employer programs to reduce employee work-related vehicle trips; and (2) employers of 100 persons or more to increase average passenger occupancy per vehicle in commutes during peak travel periods. Makes employers who fail to achieve such increase liable for fees of $50 per employee parking space provided by such employers. Defines the boundaries of an Extreme area as the entire MSA or CMSA and the area within a 25-mile radius of such areas. Designates as major stationary sources, for purposes of Extreme areas, facilities having the potential to produce at least ten tons annually of VOCs. Requires Extreme areas to comply with requirements for Moderate, Serious, and Severe areas. Increases annual emissions fees for Extreme areas. Requires States containing non-self-generating ozone nonattainment areas that do not include or are not adjacent to MSAs or CMSAs to be treated as satisfying the requirements of this Act if in compliance with regulations promulgated by the Administrator. Permits the Administrator to treat such areas as non-self-generating if found that VOC and nitrogen oxides emissions within such areas do not contribute significantly to ozone concentrations in such areas or other areas. Authorizes the Administrator, in the case of Serious nonattainment areas which fail to meet required emissions reductions, to: (1) lower the quantity of emissions of VOCs and nitrogen oxides that define a source as a major stationary source; and (2) require that Serious and Severe areas comply with requirements of Severe and Extreme areas, respectively. Provides for reclassifications to the next, more stringent, category of areas which fail to meet air quality standards by the applicable attainment date. Requires the Administrator to publish a list of 12 categories of stationary sources for which control technique guidelines have not been published and which contribute significantly to the formation of ozone air pollution. Provides for the review and updating, as necessary, of such guidelines every four years. Directs the Administrator to publish a control technique guideline regarding control of VOC emissions from the loading or unloading of petroleum products on or from vessels. Considers such emissions to be direct emissions from the onshore terminal. Requires the Administrator to: (1) report to the Congress on emissions of ozone precursors from consumer products and include recommendations for the control of such emissions; and (2) promulgate regulations to achieve emissions reductions from such products of at least three percent below the level of such emissions on the date of this Act's enactment. Exempts from such regulations health-use products for which there are no suitable substitutes. Authorizes the Administrator to delegate the enforcement of such regulations to States. Establishes an ozone transport region comprised of States on the east coast between Maine and Virginia and the CMSA including the District of Columbia. Authorizes the Administrator to add States to such region or to establish new regions if the interstate transport of pollutants from such States contributes to ozone concentrations in Serious, Severe, or Extreme ozone nonattainment areas in another State. Requires the Administrator to establish ozone transport commissions for such regions. Directs States within such regions to submit implementation plans or revisions requiring: (1) areas which are not nonattainment areas that are located in such regions and that are part of an MSA or have populations of at least 100,000 to comply with vehicle inspection and maintenance programs; and (2) major stationary sources of VOCs to comply with reasonably available control technology requirements. Authorizes interstate commissions to require additional emissions control measures, as necessary. Exempts from such requirements areas which do not contribute significantly to ozone concentrations in Serious, Severe, or Extreme areas. Permits States or political subdivisions to petition the Administrator for the inclusion of another State or portion of such State within an ozone transport region. Requires the Administrator to promulgate criteria for determining the contribution of sources in one area to concentrations of ozone in another nonattainment area. Classifies carbon monoxide areas as Moderate or Serious. Sets forth attainment dates of five and ten years from this Act's enactment, respectively, for Moderate and Serious areas. Requires State implementation plans for carbon monoxide nonattainment areas to provide for: (1) triennial emissions inventories from stationary and mobile sources; (2) mobile monitoring devices; (3) vehicle registration fees; (4) annual emissions fees from stationary sources; (5) operating permits and continuous monitoring; (6) attainment demonstrations with qualitative milestones; (7) vehicle inspection and maintenance programs; and (8) oxygenated fuels programs. Directs the Administrator to audit such plans to ensure adequate implementation and enforcement by States. Designates as major stationary sources, for purposes of such areas, sources having the potential to produce at least 50 tons annually of carbon monoxide. Requires plans for Serious areas to provide for: (1) transportation control measures; and (2) the same employer ridership program required for Severe ozone nonattainment areas. Provides for reclassification of Moderate carbon monoxide areas, as necessary. Authorizes up to two one-year attainment extensions for such areas. Requires the submission of State plan revisions for Serious areas which fail to meet the attainment deadline. Requires attainment by PM-10 nonattainment areas by December 31, 1993. Authorizes the Administrator to extend such deadline for up to ten years under specified conditions. Requires State implementation plans for PM-10 nonattainment areas to provide for: (1) triennial emissions inventories from stationary and mobile sources; (2) annual emissions fees from stationary sources; (3) operating permits and monitoring; and (4) attainment demonstrations with qualitative milestones. Designates as major stationary sources, for purposes of such areas, sources having the potential to emit more than 50 tons annually of PM-10 or PM-10 precursors. Sets forth audit and attainment extension requirements parallel to those for carbon monoxide nonattainment areas. Requires the Administrator to promulgate control techniques guidelines for reasonably and best available control technology for PM-10 emissions from major stationary sources. Authorizes the Administrator to substitute maximum allowable increases in particulate matter smaller than or equal to ten micrometers (PM-10) for maximum allowable increases in such matter specified under the Clean Air Act. Requires the Administrator to establish requirements to control air pollution from outer continental shelf sources. Authorizes States adjacent to such sources to submit to the Administrator procedures for enforcing such requirements. Directs the Administrator to delegate enforcement authority to States with adequate procedures. Authorizes the Administrator to: (1) treat Indian tribes as States under the Clean Air Act, except with respect to a certain limitation on State expenditures; (2) delegate to such tribes primary responsibility for assuring air pollution control; and (3) provide such tribes with grant and contract assistance to carry out such functions. Outlines requirements for such authorization. Authorizes the Administrator to promulgate other means for administering such authorities where such treatment is inappropriate. Applies program cost limitations for interstate air quality agencies to interstate transport commissions. Repeals provisions concerning indirect source programs and requirements for parking surcharges and transportation regulations. Title II: Provisions Relating to Mobile Sources - Sets standards for emissions of: (1) nonmethane hydrocarbons, hydrocarbons, nitrogen oxides, and particulates from light duty vehicles manufactured after model year 1992; (2) carbon monoxide from light-duty vehicles manufactured after model year 2002; (3) such substances from trucks manufactured after model year 1992; (4) nitrogen oxides from heavy duty trucks manufactured after model year 1993; and (5) particulates from heavy duty trucks manufactured after model year 1990. Requires the Administrator to promulgate standards for carbon monoxide emissions from light-duty vehicles manufactured after model year 1992 when operated at 20 degrees Fahrenheit. Directs the Administrator to promulgate regulations requiring the installation of onboard emissions control systems on light-duty vehicles manufactured after model year 1992. Requires such systems to provide for a minimum evaporative emissions capture efficiency of 95 percent. Directs the Administrator to promulgate regulations applicable to evaporative emissions of hydrocarbons from all gasoline-fueled vehicles manufactured after model year 1993. Directs the Administrator to promulgate regulations requiring manufacturers to install emissions malfunction diagnostic systems on all light-duty vehicles manufactured after model year 1993. Authorizes the Administrator to promulgate regulations requiring: (1) States with implementation plans to provide for the inspection and the maintenance of such systems; and (2) manufacturers of heavy duty vehicles and engines to install such systems. Requires the Administrator to set standards for emissions of carbon dioxide from passenger cars manufactured after model year 1994. Directs the Administrator to promulgate standards for motor vehicles burning low-polluting fuel. Sets the useful life of vehicles and engines manufactured after model year 1994 at ten years of use or 100,000 miles. Provides that the warranty period for light-duty vehicles and engines shall be: (1) the useful life (five years or 50,000 miles) for vehicles and engines manufactured after model year 1993; (2) two years or 24,000 miles for vehicles and engines manufactured after model year 1994; and (3) eight years or 80,000 miles for specified major emissions control components. Requires the Administrator to publish a list of all non-road engines and vehicles and estimates of the contribution of such engines and vehicles to ozone, carbon monoxide, and particulate concentrations in nonattainment areas. Directs the Administrator to promulgate emissions standards for engines or vehicles of at least 50 horsepower. Authorizes the Administrator to promulgate standards for engines or vehicles with less horsepower. Sets a schedule for the promulgation of such standards. Directs the Administrator to promulgate regulations that prohibit, after model year 1992, the introduction into commerce of motor vehicles and non-road engines requiring leaded gasoline. Requires the Administrator to promulgate regulations to add an idle test to the Federal Test Procedure for light-duty vehicles manufactured after model year 1991. Directs the Administrator to revise regulations regarding selective enforcement auditing of new light-duty vehicles manufactured after model year 1991 so that the maximum percentage of failing vehicles is ten percent. Requires the Administrator to review and revise, as necessary, regulations regarding testing of motor vehicles and engines to insure that vehicles are tested under circumstances which reflect actual driving conditions. Prohibits averaging of performance standards of various vehicles, engine families, or models manufactured by the same manufacturer for purposes of complying with emissions standards under the Clean Air Act. Directs the Administrator to consider information from any State vehicle emissions control inspection and maintenance program when making determinations of nonconformity with regulations. Authorizes States to petition the Administrator to make determinations based on such information. Permits the Administrator, if there is reason to believe that in-use vehicles and engines are not in conformance with regulations, to require manufacturers of such vehicles and engines to pay procurement and testing costs. Requires the Administrator to promulgate regulations to reduce evaporative emissions from motor vehicle fuels. Requires such regulations to include a gasoline volatility standard to be applied to all gasoline introduced into commerce for use during high ozone periods of the year. Sets a Reid Vapor Pressure (RVP) standard for gasoline used in Class C areas. Designates the period between May 16 and September 15, or such longer period as the Administrator establishes, as the high ozone period. Provides for an increased RVP for gasoline/ethanol fuel blends. Makes it unlawful, effective October 1, 1993, to introduce into commerce motor vehicle diesel fuel which contains sulfur in excess of .05 percent (by weight) or which fails to meet a cetane index of 40. Requires manufacturers and importers of diesel fuel not used in motor vehicles to dye such fuel to segregate it from motor vehicle diesel fuel. Limits sulfur content for diesel used in heavy duty vehicles and engines manufactured after model year 1990. Prohibits, effective January 1, 1991, the introduction into commerce of any gasoline containing lead or lead additives for use in motor vehicles. Authorizes the extension of such deadline if the Administrator determines that the unavailability of such gasoline affects farm vehicles and alternative fuels are unavailable for such vehicles. Requires the Administrator to promulgate regulations for fuel quality (effective after 1993) to minimize emissions of hazardous air pollutants over the useful life of vehicles and engines certified under this title. Provides that if the Administrator fails to promulgate such regulations, it shall be unlawful to introduce into commerce any fuel which does not prevent accumulation of deposits in fuel-injected engines. Authorizes the Administrator to promulgate regulations applicable to fuel refiners, distributors, or consumers which establish specifications for fuels to reduce emissions. Prohibits the introduction into commerce, effective October 1, 1991, of gasoline with less than a specified oxygen content in carbon monoxide nonattainment areas during October 1 to March 31 of each year. Requires the Administrator to promulgate guidelines to allow the exchange of marketable oxygen credits between sellers of fuels with a higher oxygen content than required and other sellers of fuels to offset the use of fuels with a lower oxygen content than required. Prohibits such exchanges between sellers in different nonattainment areas. Waives such requirements for States that demonstrate that the use of oxygenated fuels would interfere with attainment for pollutants other than carbon monoxide. Requires retailers of oxygenated fuels to label fuel dispensing systems with notices which identify such fuels and state that they reduce carbon monoxide emissions. Prohibits the introduction of leaded gasoline into vehicles which are designed for unleaded gasoline or are manufactured after model year 1989. Prohibits manufacturers from refusing to pay for procurement or testing of nonconforming vehicles. Prohibits the manufacture or sale of any part which bypasses or renders inoperative any emission control device. Increases penalties for certain violations of the Clean Air Act. Authorizes the Administrator to commence civil actions to recover such penalties, subject to certain limitations. Title III: Provisions Relating to Enforcement - Makes technical amendments to, and revises penalty provisions of, the Clean Air Act. Authorizes the Administrator to assess administrative penalties or commence civil or criminal actions for violations of such Act. Establishes fines and prison sentences for specified knowing violations of such Act. Doubles the maximum punishment for specified subsequent violations. Limits the Administrator's authority to assess certain administrative penalties. Authorizes the Administrator to implement a field citation program for the purpose of assessing civil penalties of up to $5,000 per day for each violation. Sets forth provisions concerning judicial review and civil actions with respect to the assessment of such penalties. Outlines criteria to be considered by the court in determining the assessment of penalties. Sets forth provisions concerning the reviewability of certain administrative orders. Authorizes the Administrator to require owners or operators of sources subject to the Clean Air Act to: (1) keep records on control equipment parameters, production variables, or other indirect data when direct emissions monitoring is impractical; and (2) submit compliance certifications. Directs the Administrator to require enhanced monitoring and submission of compliance certifications by owners or operators of major stationary sources. Authorizes the Administrator to apply such requirements to any other source. Makes such information available to the public. Removes an exemption for public disclosure of emission source records that may be trade secrets. Repeals a provision concerning penalties for violations of administrative orders. Authorizes the Administrator to extend a prohibition on Federal procurement from violators of the Clean Air Act to contracts performed at any facility owned or operated by such persons. (Current law prohibits such procurement for contracts to be performed at facilities where the violation occurred.) Requires certain penalties to be deposited in a special Treasury fund and to be available for financing air compliance and enforcement activities. Authorizes any person to petition the Administrator to issue, amend, or repeal any regulation under the Clean Air Act. Requires the Administrator to take necessary measures to prevent the operation, construction, or modification of certain major emitting facilities.
United States · United States Congress · 12 September 1989
Title I: National Commission on Natural Resources Disasters - Establishes a National Commission on Natural Resources Disasters to study the effects of natural fire disasters and make recommendations concerning a smooth transition from the loss of natural resources. Directs the Commission to study the effects of such fires on: (1) the economic stability of the affected communities; (2) the availability of sufficient timber supplies to meet future industry needs; (3) fish and wildlife habitats; (4) recreation in the affected areas; (5) the watershed and water quality protection plans in effect within National Forest Systems lands; (6) the ecosystems in the areas; and (7) management plans of the affected National Forest System lands. Requires a report to the Secretary of Agriculture by December 1, 1990. Authorizes the Commission to accept contributions of money and services in carrying out its duties. Authorizes the Secretary, if contributions are insufficient, to transfer to the Commission funds available from the general fund of the Treasury. Terminates the Commission 90 days after submission of its report to the Secretary. Title II: Forest Firefighting Planning and Cooperation - Directs the Secretary of Agriculture to report to the Congress on the rehabilitation needs of each national forest resulting from forest fire damage during the previous year. Requires the Secretary to offer training programs annually to certify volunteers for suppressing forest fires on National Forest System lands. Requires the Secretary to report to the Congress on the local fire emergency mobilization plans for fire fighting equipment in each area of the National Forest System which is prone to forest fires.
United States · United States Congress · 4 August 1989
Amends the Volunteers in the National Act of 1972 to authorize the Forest Service to pay the claims of Forest Service volunteers for personal property damage or loss while performing volunteer service as if such volunteers were Federal employees.
United States · United States Congress · 4 August 1989
Marginal Energy Producers Incentives Act of 1989 - Amends the Internal Revenue Code with respect to the oil and natural gas allowance to allow a tax deduction to the transferee in the case of a transfer of proven oil or gas property. Increases from 50 to 100 percent (thus removing) the net income limitations on the use of such depletion allowances. Sets a percentage depletion allowance of 15 percent for the marginal production of domestic crude oil or natural gas by independent producers. Makes the alternative minimum tax preference for percentage depletion inapplicable to such marginal production.
United States · United States Congress · 4 August 1989
Intellectual Property Protection Act of 1989 - Amends the Tariff Act of 1930 which provides a remedy to prevent imported products which infringe the patents of U.S. businesses from entering the U.S. market. Directs the Commissioner of Patents and Trademarks to identify those foreign countries which, because of unreasonable delays in granting or enforcing patents or unnecessarily narrow interpretations of patent claims by the authorities which determine patent validity and infringement, effectively deny adequate and effective protection for the intellectual property of U.S. nationals. Requires the Commissioner to publish such list in the Federal Register and transmit copies to the Chairman of the United States International Trade Commission (USITC), the Attorney General, and the Chairman of the Federal Trade Commission. Directs the USITC, upon determining there is reason to believe that a product from a listed country involves a violation of the patent protections of such Act, to issue appropriate orders to prevent importation of such product without considering the effect of such orders upon specified factors that otherwise might preclude their issuance. Limits the defenses available during a USITC investigation of a foreign product under this Act. Waives the requirement that a USITC determination in such a case be referred to the President for approval. Makes such determination final upon publication in the Federal Register. Eliminates the current exemption from such a USITC determination for any such products imported for the use of the Federal Government.
United States · United States Congress · 4 August 1989
Authorizes the President pro tempore of the Senate to appoint a special delegation of Senators to host an international conference on global environmental issues. Authorizes up to $500,000, to be paid from the contingent fund of the Senate, for the expenses of such delegation. Requires the delegation to submit a final report at its termination, at the end of the 101st Congress.
United States · United States Congress · 2 August 1989
Child Nutrition and WIC Reauthorization Act of 1989 - Title I: Programs Under the National School Lunch Act and the Child Nutrition Act of 1966 - Subtitle A: Programs Under the National School Lunch Act - Amends the National School Lunch Act (NSLA) to eliminate certain duplicate provisions. Requires that lunches served by schools participating in the National School Lunch Program offer students fluid whole milk and fluid unflavored lowfat milk. Makes certain private nonprofit organizations eligible to sponsor programs under the Summer Food Service Program for Children under specified conditions, including limitations on numbers of children served and on rural or urban sites. Requires that such organizations: (1) either use self-preparation facilities to prepare meals or obtain meals from a public facility or a school participating in the National School Lunch Program; and (2) provide ongoing year-round activities for children or families. Makes such organizations ineligible for such program when they are in areas where a school food authority or the local, municipal, or county government has indicated by March 1 of that year that it will operate such a program under the Summer Food Service Program for Children. Allows higher education institutions that participate in the National Youth Sports Program to receive payments for meals served to children under such Program during the academic year, as well as during May through September. Extends through FY 1993 the authorization of appropriations for the Summer Food Service Program for Children. Directs the Secretary of Agriculture (the Secretary) and State agencies, during FY 1990 and 1991, to disseminate information to potentially eligible private nonprofit organizations concerning the amendments made by this Act regarding the eligibility of private nonprofit organizations for the Summer Food Service Program for Children. Directs the Secretary to use funds for such summer program to institute one or more demonstration projects designed to provide year-round food service to homeless children under age six in emergency shelters. Allows private nonprofit organizations to be eligible to participate in such project under specified conditions. Limits the amounts to be expended by the Secretary for such projects. Requires such projects to commence before the end of FY 1990 and terminate at the end of FY 1992. Extends through FY 1993 the general authority for the Commodity Distribution Program (under which the Secretary provides commodities to participating schools for use in the school lunch program). Revises provisions relating to the computation of cash compensation to school districts under the Commodity Distribution Program. Abolishes the National Advisory Council on Child Nutrition. Provides that eligible organizations under the Child Care Food Program must be reimbursed for expansion into low-income or rural areas. Directs the Secretary to conduct demonstration projects to test innovative approaches to remove or reduce barriers to Child Care Food Program participation by family or group day care homes operating in low-income areas or primarily serving low-income children. Directs the Secretary and State agencies to provide training and technical assistance to help family and group day care home sponsoring organizations in reaching low-income children. Requires that meals served in adult day care programs, which are reimbursed under such day care food program, provide on the average at least one-third of the daily recommended dietary allowance. Requires such adult day care programs to make reasonable efforts to serve meals that meet the special dietary requirements of participants, including efforts to serve foods in forms palatable to them. Authorizes designation of a State agency other than that which administers the child care food program to administer the adult day care food program. Directs the Secretary to carry out, in Iowa and Kentucky, statewide demonstration projects in which private for-profit organizations providing nonresidential day care services shall qualify as institutions for purposes of the Child Care Food Program, if at least 25 percent of the children served by each such organization meet the income eligibility criteria for free or reduced price meals. Requires examination of: (1) the budgetary impact of such change ineligibility on the extent to which additional low-income children can be reached through such change; and (2) the most effective outreach methods. Requires such demonstration projects to begin on or after May 1, 1990, and to terminate on September 30, 1992. Extends until September 30, 1990, a selected State (Minnesota) demonstration project to test the nutritional and participatory impact of providing an additional meal to children staying in family or group day care homes for at least eight hours. Establishes a program of meal supplements for children in after-school care. Directs the Secretary to provide grants-in-aid and other assistance to States for such program in eligible elementary and secondary schools (which operate school lunch programs, sponsor after-school care programs, and participate in the child care food program as of May 15, 1989). Provides for reimbursement for such supplements for children who are not more than 12 years of age (or not more than 15 years of age, in the case of children of migrant workers or children with handicaps). Sets forth administrative provisions relating to payment rates, eligibility for supplements, and content of meal supplements. Extends until September 30, 1992, certain pilot projects under which school districts receive cash payments or commodity letters of credit, instead of donated commodities, under the school lunch program, and under which compensation for certain losses is authorized. Authorizes the Secretary to establish and maintain a Food Service Management Institute for research, training, technical assistance, and information clearinghouse activities. Authorizes appropriations for such Institute for FY 1990 through 1993. Establishes a unified system,to be prescribed and administered by the Secretary, for ensuring that participating local food service authorities comply with school lunch program requirements. Sets forth compliance monitoring duties of the Secretary and State educational agencies under such system, including a duty to minimize imposition of additional duties on local food service authorities. Authorizes appropriations for such compliance and accountability activities for FY 1990 through 1993. Directs the Secretary to provide to each appropriate State agency specified information on income eligibility of children to receive free or reduced price meals and on consideration of applications where the head of the household is less than 21 years old. Directs the Secretary and the Secretary of Health and Human Services to jointly develop and approve, and update as necessary, a publication on nutrition guidance for school food service programs. Directs the Secretary to distribute such publication to school food authorities and other organizations in the school lunch and school breakfast programs and ensure that meals and supplements under such programs are consistent with such guidance in that publication. Subtitle B: Programs Under the Child Nutrition Act of 1966 - Amends the Child Nutrition Act of 1966 (CNA) to provide for expansion of the School Breakfast Program. Requires State educational agencies (SEAs) to: (1) provide information to school boards and public officials on the benefits and availability of the School Breakfast Program; and (2) select each year, for informational efforts concerning such program, schools which do not participate in such program and in which a substantial portion of the enrollment consists of children from low-income families. Directs the Secretary of Agriculture (the Secretary) to report annually to specified congressional committees on Federal and State efforts to increase participation of schools in the School Breakfast Program. Directs the Secretary to use specified amounts from appropriations for such Program in FY 1990 through 1993 to make payments on a competitive basis to SEAs in a substantial number of States for startup costs of school breakfast programs at eligible schools which have a significant percentage of enrollment of children from low-income families and which agree to operate such a program for at least three years. Gives preference to SEAs that submit plans for expanding such programs or implement State laws requiring such expansion. Requires SEAs to give preference to schools in greatest need. Revises provisions for State administrative expenses to require appropriate reimbursements for the State agency administering the school breakfast program (if it is other than the SEA) and for the State agency administering commodity distribution under CNA and NSLA. Requires States to agree to participate fully in studies authorized by the Secretary in order to receive payments for State administrative expenses. Extends through FY 1993 the authorization of appropriations for such State administrative expenses payments. Sets forth additional activities and requirements with respect to the Special Supplemental Food Program for Women, Infants, and Children (WIC). Provides that income limits for the WIC program are met by persons who meet income limits for free or reduced price meals under the school lunch program, who receive food stamps or Aid to Families with Dependent Children (AFDC) or Medicaid, or who are members of a family in which a pregnant woman or an infant receives Medicaid. Requires State agencies to provide adult participants in and applicants for the WIC program with information on food stamps, AFDC, and the child support enforcement program. Requires State agencies to provide such participants and applicants also with information on Medicaid, and to refer them to Medicaid if they are not participating in it and appear to have family income below its limits. Requires State agencies to ensure that each local agency under the WIC program maintains and makes available for distribution a list of local resources for substance abuse counseling and treatment. Includes local breastfeeding promotion programs and alcohol and drug abuse treatment (as well as counseling) programs among those with which the WIC program is to be coordinated under the State plan. Requires the State WIC plan to include provisions for: (1) getting benefits to eligible persons most in need; (2) reaching eligible persons not participating with program information, eligibility criteria, and application procedures; (3) reaching and enrolling eligible women in the early months of pregnancy and eligible migrants; (4) getting program benefits to unserved infants and children under care of foster parents, protective services, or child welfare authorities, including infants exposed to drugs perinatally; and (5) nutrition education and breastfeeding promotion. Requires local WIC agencies operating within or in cooperation with a hospital to: (1) advise of the availability of WIC program benefits any potentially eligible individuals who receive inpatient or outpatient prenatal, maternity, or postpartum services, or accompany a child under age five receiving well-child services; and (2) provide an opportunity within the hospital for certification for WIC participation. Requires State agencies to notify participants, giving relevant categories, before suspending or terminating WIC benefits due to a shortage of funds. Requires State agencies for WIC to provide breastfeeding promotion materials and instruction in languages other than English. Allows State agencies to implement WIC income eligibility guidelines at the time the State implements such guidelines for Medicaid, as long as this is not later than July 1 of each year. Requires local WIC agencies to provide written information on other potential sources of food assistance in the local area to individuals who apply in person but cannot be served because the local WIC program is operating at capacity. Requires State agencies to require local WIC agencies to: (1) attempt to contact pregnant women to reschedule missed application appointments; and (2) if such agencies do not routinely do so, schedule application or recertification appointments to minimize the time of employed individuals' absence from their workplace. Extends through FY 1993 the authorization of appropriations for the WIC program. Sets forth provisions for availability and allocation of such funds. Increases the amount which may be reserved for studies, evaluations, and pilot projects. Directs the Secretary to conduct a study, and report to specified congressional committees, on WIC program access problems of low-income working or rural family members. Directs the Secretary, on completion of the 1990 decennial census and in coordination with the Secretary of Commerce, to make available an estimate, by State and county, of the number of women, infants, and children who are members of families with incomes below the maximum limit for WIC program participation. Requires the Secretary to make available in each fiscal year, from WIC program funds, an amount sufficient to guarantee a national average per participant grant to be allocated for costs of WIC nutrition services and administration incurred by State and local agencies. Sets forth formulas for adjusting such amount and for determining State allotments. Provides that remaining amounts shall be made available for specified food benefits. Authorizes the Secretary to reduce a State agency's operational level for costs of nutritional services and administration if that level exceeds the grant by more than 15 percent without good cause. Requires State agencies to expend a specified portion of WIC funds for nutrition education and breastfeeding promotion and support. Allows State agencies, under specified conditions, to convert allocations for food benefits to costs of nutrition services and administration. Sets forth provisions relating to WIC program cost containment systems. Requires States to use either competitive bidding, or an equally or more effective system of cost containment, for the procurement of infant formula. Requires the Secretary to inform specified congressional committees of waivers from such requirement. Directs the Secretary, during FY 1990, to review, and report to specified congressional committees on, the relationship between specified nutritional risk criteria and the priority system used under the WIC program. Directs the Secretary to review, and report on to the Congress by the end of FY 1990 and 1991, the appropriateness of foods eligible for purchase under the WIC program. Directs the Secretary to review, and report on to the appropriate congressional committees within one year, the effect on costs for nutrition services and administration incurred by State and local agencies of specified amendments made by this Act (including increases and decreases in imposed requirements). Prohibits the Secretary, in implementing specified amendments to the WIC program under this Act, from imposing any new requirement on a State or local agency to place additional paperwork in, or otherwise additionally document, any case file maintained by it. Revises CNA provisions for nutrition education and training. Authorizes appropriations in increasing amounts for FY 1989 through 1991 and subsequent fiscal years for such nutrition education and training programs. Subtitle C: Cross-Program Provisions - Eliminates the 20 percent commodity refusal option under the NSLA. Revises provisions for determination of total commodity assistance for the school lunch and child care food programs under the NSLA. Requires the Secretary of Agriculture (the Secretary) to estimate the total number of commodities to be delivered to each school or child care institution in the current year. Requires adjustments for differences between such prior year and current year numbers of meals served in subsequent estimations. Title II: Paperwork Reduction Amendments - Subtitle A: Reduction of Paperwork Under the National School Lunch Act - Requires that State-local agreements for carrying out the School Lunch Program under the NSLA shall be permanent agreements that may be amended as necessary, but does not limit an SEA's ability to suspend or terminate any such agreement in accordance with regulations prescribed by the Secretary of Agriculture (the Secretary). Authorizes the Secretary, State, or local food authority to verify data in the application. Authorizes any school food authority to certify any child for free or reduced price lunches, without further application, by directly communicating with the appropriate State or local agency to obtain documentation of the child's membership in a household receiving food stamps or a family receiving AFDC. Authorizes the Secretary, when appropriate, to request each school food authority in the school lunch program to report monthly to the SEA. Directs the Secretary to permit institutions that apply directly to a State agency to participate in the child care food program, at the option of the State agency, to reapply for such assistance at two-year intervals. Directs the Secretary, in carrying out the NSLA and CNA, to: (1) reduce, to the maximum extent possible, the paperwork required of SEAs, schools, and other agencies participating in child nutrition programs; (2) review and simplify application forms and instructions; (3) consult with State and local administrators in reducing and simplifying such paperwork; and (4) report within one year to the Congress on the extent of paperwork reduction in such programs. Subtitle B: Paperwork Reduction Under the Child Nutrition Act of 1966 - Eliminates duplicate provisions under CNA. Requires SEAs to disburse funds paid to the State under the Special Milk Program to schools in accordance with agreements approved by the Secretary. Requires that such agreements be permanent (amendable as necessary), but does not limit the SEAs ability to suspend or terminate any such agreement in accordance with regulations prescribed by the Secretary of Agriculture (the Secretary). Requires that State-local agreements for carrying out the School Breakfast Program be permanent (amendable as necessary), but does not limit an SEA's ability to suspend or terminate any such agreement in accordance with regulations prescribed by the Secretary. Allows local agencies under the WIC program to use a master file to document and monitor provision of nutritional education services to individuals required to be included by the agency in group nutrition educational classes. Authorizes State agencies under the WIC program to provide for delivery of vouchers to any participant not scheduled for nutrition education counseling or recertification interview through means, such as mailing, that do not require a participant to travel to the local agency. Requires State plans to describe mail issuance of vouchers. Prohibits disapproval of the mail issuance of vouchers in specified jurisdictions unless th Secretary finds that it would pose a significant threat to program integrity. Requires each State agency to conduct monitoring reviews of each local agency at least biennially under the WIC program. Requires plans for nutrition education and training to be updated annually. Title III: Technical Amendments - Subtitle A: Amendments to the National School Lunch Act - Makes various technical amendments to the NSLA, including elimination of gender-specific references. Subtitle B: Amendments to the Child Nutrition Act of 1966 - Makes various technical amendments to the CNA, including elimination of gender-specific references. Repeals specified provisions for nutrition education grants.
United States · United States Congress · 2 August 1989
Rural Hospital Improvements Act of 1989 - Amends title XVIII (Medicare) of the Social Security Act to provide an additional payment to each Medicare-dependent, small, rural hospital for discharges occurring from FY 1989 through 1994 equal to the amount by which such hospitals' reasonable costs exceed Medicare payments for such discharges. Maintains the regional referral center classification and payment rate of each hospital so classified as of September 30, 1989, until the Medicare urban/rural hospital reimbursement differential is eliminated.
United States · United States Congress · 26 July 1989
Essential Air Service Preservation Act of 1989 - Amends the Internal Revenue Code to make funds from the Airport and Airway Trust Fund available for the essential air transportation program under the Federal Aviation Act of 1958. Authorizes the Secretary of Transportation to enter into contracts and agreements to provide essential air services prior to September 30, 1998.
United States · United States Congress · 25 July 1989
Amends the Older Americans Act of 1965 to require that area agencies on aging located in States that have at least one area agency representing Indian tribes receive at least the same amount of funding for State and community programs on aging as they received in FY 1988.
United States · United States Congress · 19 July 1989
Rural Drug Initiative Act - Requires the Director of National Drug Control Policy to designate a Rural Drug Policy Coordinator to examine the special needs of rural areas in drug interdiction and coordinate the drug interdiction efforts of Federal agencies in such areas. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to set aside specified sums for rural areas. Directs the Attorney General to create 30 additional drug enforcement agent positions within the Drug Enforcement Administration to be assigned to drug interdiction activities in special need rural areas (i.e., States with a population density of 40 or fewer per square mile which experienced a rise in drug-related crime over the preceding five years). Authorizes appropriations. Requires the Director of the Bureau of Justice Assistance to establish a one-year highway drug interdiction program in which a grant of $500,000 shall be made to each of five special need rural areas. Specifies that such monies shall be used to: (1) establish a drug liaison office within the State police force to coordinate drug interdiction activities; (2) develop a plan for the most efficient use of State and local police forces responsible for highway patrol in drug interdiction; (3) provide financial support to implement such plan; and (4) evaluate and report to the Director on the effectiveness of the uses of such grant monies. Directs the Secretary of the Treasury to develop a drug interdiction training program for law enforcement officers in rural areas.
United States · United States Congress · 18 July 1989
Amends the Disaster Assistance Act of 1988 to require the Secretary of Agriculture to establish separate payment rates for the 1988 crops of feed barley and malting barley if advance deficiency payment refunds are made for such crops. Requires the Secretary to conduct a study and report to the appropriate congressional committees regarding the impact of establishing separate payment rates for feed barley and malting barley for deficiency payment purposes.
United States · United States Congress · 11 July 1989
Requires the Hays Lodge Pole school district in Hays, Montana, to repay to the Department of Education, in installments and without interest, certain overpayments under the Impact Aid program.
United States · United States Congress · 23 June 1989
Amends the Internal Revenue Code to allow farmers' cooperatives to elect to treat as ordinary income or loss certain capital gains and losses from the disposition of assets used in conducting business with or for patrons.
United States · United States Congress · 22 June 1989
Directs the Secretary of Agriculture to take specified actions to increase 1990 oat production, including: (1) adjusting payment rates; and (2) increasing permitted oats acreage, including the use of certain conservation-held land.
United States · United States Congress · 22 June 1989
Declares that the Senate: (1) expresses its disappointment that the Texas statute prohibiting the desecration of the flag was found to be unconstitutional; (2) expresses its commitment to preserving the honor and integrity of the flag; (3) intends to make a study of the impact of the Supreme Court decision on Federal and State laws and to seek ways to restore sanctions against such conduct; and (4) urges the American people to continue to display proudly the American flag.
United States · United States Congress · 13 June 1989
Amends the Internal Revenue Code with respect to the allocation and apportionment of qualified research and experimental expenditures to sources within and outside the United States for income tax purposes. Requires that any such expenditures made solely to meet a political jurisdiction's legal requirements concerning products or processes unlikely to yield extrajurisdictional income be allocated only to income within that political jurisdiction. Increases from 50 to 67 percent the amount of research and experimental expenditures that a company must allocate to income from U.S. sources. Requires companies to report on a consolidated basis with respect to the expenditures associated with these source rules.
United States · United States Congress · 9 June 1989
Federal Noxious Weed Act Amendments of 1989 - Amends the Federal Noxious Weed Act of 1974 to require the Secretary of Agriculture to publish an annual list of noxious weeds. Requires the Secretary to: (1) establish within the Animal and Plant Health Inspection Service a Center for Noxious Weed Management and Data Collection; (2) establish a coordinated management plan for noxious weed control in the United States; and (3) report annually to the appropriate congressional committees regarding such plan and Federal, State, and local agency compliance. Authorizes FY 1990 through 1994 appropriations.
United States · United States Congress · 8 June 1989
Amends title XVIII (Medicare) of the Social Security Act and the Internal Revenue Code to limit application of the benefits and premiums of the Medicare Catastrophic Coverage Act of 1988 to those voluntarily enrolled in part B (Supplementary Medical Insurance) of the Medicare program.
United States · United States Congress · 7 June 1989
Federal Facility Compliance Act of 1989 - Requires Federal agencies to perform assessments of hazardous substance releases from solid waste management units at each hazardous substance treatment, storage, or disposal facility owned or operated by such agencies after November 19, 1980. Requires such assessments to indicate whether such facilities are in compliance with specified environmental laws and to be provided to the Environmental Protection Agency (EPA) and to States in which such facilities are located. Directs the EPA Administrator to inspect such facilities annually to ensure compliance with such laws. Requires such inspections to include an analysis of groundwater monitoring. Makes inspection records available to the public. Amends the Solid Waste Disposal Act to waive sovereign immunity for Federal agencies with respect to certain requirements under such Act. Makes Federal employees subject to criminal sanctions under Federal or State solid or hazardous waste laws. Authorizes the Administrator to commence enforcement actions against Federal agencies pursuant to this Act.
United States · United States Congress · 7 June 1989
Designates August 1, 1989, as Helsinki Human Rights Day. Requests the President to: (1) reassert American commitment to the Helsinki Accords; (2) raise the issue of noncompliance with such Accords with any signatory nation which may be in violation, in particular, the Soviet Union, Bulgaria, Czechoslovakia, the German Democratic Republic, Hungary, Poland, and Romania; (3) convey to all signatories of such Accords that respect for human rights and fundamental freedoms is vital to progress in the ongoing Helsinki process; and (4) convey to U.S. allies the necessity of unity regarding such Accords.
United States · United States Congress · 6 June 1989
Amends the Tax Reform Act of 1986 to delay until 1990 the effective date of the nondiscrimination requirements for benefits provided under certain employee benefit plans. Amends the Internal Revenue Code to revise such nondiscrimination requirements by requiring the taxation of the excess health benefits of a highly compensated employee. Excludes from such requirements certain students, certain elderly, and prisoners. Imposes an excise tax on employers or employer plans if an employee benefit plan fails to satisfy certain administrative requirements. Restores prior law with respect to nondiscrimination requirements of group-term life insurance plans. Authorizes an employer to elect to use current nondiscrimination rules for years beginning 1990 or 1991 as they apply to health plans and dependent care assistance programs. Revises provisions relating to the nontaxable benefits of employers of leased employees, dependent care assistance, and group-term life insurance provided to highly compensated employees.
United States · United States Congress · 1 June 1989
Amends the Rural Electrification Act of 1936 to permit Rural Electrification Administration borrowers to prepay Federal Financing Bank loans without penalties if: (1) private capital is used to replace or prepay such loans; and (2) any savings will be used to mitigate future rate increases, passed on to customers, or used to improve the borrower's financial strength. Permits such borrowers to refinance outstanding long-term Federal Financing Bank loans for a specified fee. Requires the borrower to obtain a change in the interest rate on such loan from its present level to the rate then in effect for new Federal Financing Bank loans.
United States · United States Congress · 1 June 1989
Waste Minimization and Control Act of 1989 - Title I: General Amendments - Amends the Solid Waste Disposal Act to establish a waste prevention and management policy that gives priority in the following order to: (1) source reduction; (2) recycling; (3) energy recovery; (4) waste treatment; and (5) contained disposal. Establishes as a national goal the recycling of waste to the maximum extent consistent with market demand for recycled materials and the creation and expansion of markets for recycled materials. Authorizes appropriations for FY 1989 through 1993 for purposes of carrying out this Act. Title II: Solid Waste Management - Requires that State solid waste management plans: (1) identify the amount of wastes by type that are expected to be generated within the State or accepted from another State during the ensuing 20-year period; (2) identify waste management capacity needs for the same period; (3) require the development of new solid waste management facilities to satisfy such capacity needs and a process for siting such facilities; (4) identify and provide for the collection of recyclable materials, including the development and stabilization of markets for such recyclables; and (5) establish solid waste management practices, based on the State's environmental and economic conditions, which are consistent with this Act's waste reduction and recycling goals. Provides for the loss of Federal financial assistance for failure to submit an approved State plan. Sets forth a schedule for the reduction of such assistance. Prohibits the storage, treatment, disposal, or transportation of solid waste one year after this Act's enactment except in accordance with a permit issued by a State or the Environmental Protection Agency (EPA). Sets forth requirements for interim status permits. Requires the EPA to issue or deny such permits unless a State certifies that its laws provide the regulatory authority and personnel necessary to implement a permit program. Prohibits the issuance of permits by an agency or person (other than a Governor) responsible for the design, construction, or operation of a unit. Requires that such permits be issued for a fixed term not to exceed ten years and contain conditions that will assure compliance with solid waste management guidelines to be developed by the EPA Administrator. Requires such guidelines to be developed for the management of: (1) municipal solid waste; (2) municipal waste combustion ash; (3) emissions from municipal waste incineration facilities; (4) medical wastes; (5) mining wastes; (6) specified industrial solid wastes; (7) oil, gas, and geothermal wastes; and (8) other solid wastes. Requires such guidelines to include requirements regarding: (1) the siting of solid waste sources; (2) construction quality assurance with respect to the installation of sources; (3) the licensing and training of persons who install or operate sources; (4) the design, operation, and maintenance of sources; (5) the monitoring of releases to air, soil, and surface and ground water; (6) the separation or treatment of sources prior to disposal or incineration; (7) corrective action in response to such releases; (8) closure and postclosure care; (9) the maintenance of records of a leak detection, sampling, or monitoring system; and (10) the maintenance of evidence of financial responsibility. Sets forth minimum guidelines for each category of solid waste. Amends the Clean Air Act to direct the Administrator to promulgate performance standards to control emissions of particulate matter, opacity, sulfur dioxide, hydrogen chloride, oxides of nitrogen, carbon monoxide, lead, cadmium, mercury, halogenated organic compounds, dioxins, and dibenzofurans from new or modified municipal waste incineration units and from units which begin operation after July 1, 1989, with specified exceptions. Requires that such standards reflect the greatest degree of emission limitation achievable through application of the best available control technologies and practices, unless the Administrator determines that such degree will not be achievable by units for reasons that are unique to the units or locations of such units. Deems specified practices and control technologies to be available. Requires that such standards be promulgated within 18 months of this Act's enactment, take effect within six months of promulgation, and be reviewed and, if necessary, revised within five years of promulgation and every five years thereafter. Extends the effective date for such standards for units which require the installation of an acid gas scrubber to comply with such standards. Requires existing units to comply with such standards within four years of promulgation. Prohibits the issuance of permits to any unit unless a permit pursuant to the Solid Waste Disposal Act for the treatment, storage, or disposal of municipal waste combustion ash has been issued. Directs the Administrator to promulgate regulations and emission control standards requiring existing units and units which are substantially completed before January 1, 1989, to meet such standards within at least six years. Establishes specific, minimum emission limitations for carbon monoxide, particulate matter, sulfur dioxide, and hydrogen chloride emissions from such units. Requires owners or operators of municipal incinerators to: (1) monitor emissions at the point such emissions move into the ambient air and at other points as necessary to protect human health and the environment; (2) monitor other parameters relating to the operation of the unit and its pollution control technology; and (3) report the results of such monitoring. Sets monitoring standards, including ones for continuous and periodic monitoring. Authorizes the Administrator to require unit owners or operators to establish and operate or pay for a program to detect impacts of the unit on humans or the environment, including the testing for and reporting of significant levels of contaminants. Authorizes the Administrator or States to request the Administrator of the Agency for Toxic Substances and Disease Registry to conduct health assessments, studies, or surveillance when exposure to municipal waste incinerator unit emissions may pose a potential health risk. Sets a 20-year limit on unit permits. Provides for the termination of such a permit if: (1) the unit is not in compliance with permit terms and conditions; (2) compliance with additional conditions will impose minimal costs on the unit owner or operator and reduce air emissions below levels specified in the permit; or (3) capacity to treat or dispose of the ash from such unit for a five-year period has not been demonstrated. Requires permits to be reviewed at least once every five years. Authorizes concurrent State enforcement of unit emission standards, provided such enforcement is equivalent to Federal enforcement under this Act. Requires that civil penalties imposed against municipalities pursuant to this Act be applied in support of public programs and activities that enhance the protection of the health and environment of their residents. Directs the Administrator to publish guidelines identifying items or materials that should be removed from municipal waste prior to incineration. Requires unit operators to establish contractual requirements or notification and inspection procedures to assure that units do not receive such items or materials. Directs the Administrator to establish a model State program for the training and certification of municipal waste incinerator operators. Requires operators to pass such training and be certified by an authorized State program. Includes as major emitting facilities under the Clean Air Act municipal incinerators capable of charging more than 50 tons of refuse per day. (Currently, only incinerators charging more than 250 tons per day are included.) Amends the Solid Waste Disposal Act to authorize the Administrator to assess civil penalties and/or issue a compliance order, or commence a civil action against violators of permits or solid waste management guidelines, if a State fails to take action. Authorizes the imposition of civil and/or criminal penalties. Prohibits the export of solid waste for disposal, incineration, or recycling except where there is an agreement between the United States and the receiving country that establishes notice, export, and enforcement procedures and standards protective of human health and the environment for the transportation and management of such wastes. Prohibits the export to Canada of solid waste, 24 months after this Act's enactment, unless the United States and Canada have entered into such an agreement. Authorizes the Administrator to prohibit such exports when there is reason to believe that the handling of such waste may threaten human health or the environment. Requires exporters of solid waste to register with and submit specified export information to the Administrator who shall report annually to the Congress on such information. Authorizes appropriations for grants to States and rural communities for the development and implementation of solid waste reduction and recycling plans. Authorizes and directs the Administrator to make grants to all States with a population density of ten persons or less per square mile to conduct feasibility studies or operate recycling demonstration programs. Authorizes appropriations. Title III: Waste Reduction and Recycling Act of 1989 - Directs the Administrator to establish: (1) a national performance efficiency standard concerning the release of hazardous substances; (2) a national goal for each State of 25 percent municipal solid waste recycling within four years, 50 percent within ten years, and a ten percent municipal solid waste reduction within four years; (3) responsibility within the EPA for the provision of waste reduction and recycling outreach and technical assistance to States and the industrial and educational communities; (4) the requirement that the responsible office for waste reduction and recycling activities review and sign-off on EPA actions; and (5) a national packaging institute to develop voluntary packaging standards that encourage waste reduction and recycling and programs of consumer education regarding packaging. Directs the Administrator to establish within the Office of the Administrator a multimedia Office of Waste Minimization with a separate section solely responsible for waste reduction activities. Authorizes the Administrator to make grants to States to assist States in developing and implementing programs to promote the use of waste reduction and recycling techniques by businesses, local governments, or regional waste management authorities. Limits the Federal share of program funding to 50 percent. Directs the Administrator to establish a waste reduction clearinghouse to compile information generated by grant recipient States on management, technical, and operational approaches to waste reduction and recycling. Prohibits persons who are required to file a toxic chemical release form under the Superfund Amendments and Reauthorization Act of 1986 from releasing into the environment more than five percent of production throughput of hazardous substances. Authorizes the Administrator or a State to waive such standard on a plant by plant basis if meeting it is not technically feasible, the plant has installed and is operating continuous monitoring, has adopted all available waste minimization procedures, and all releases are in the form of managed waste or in compliance with applicable clean water or clean air permits. Requires plant owners or operators to submit to the State or Administrator plans to quantify and report on the manner in which each hazardous substance is consumed, used, or released. Directs the Administrator to report to the Congress on waste efficiency rates by manufacturing category or process, the efficiency levels that each industry can reasonably be expected to achieve within five years, and the extent to which technical assistance may be needed. Deems manufacturers to be in compliance with such standard if they have continuous emission and environmental monitoring equipment installed within 48 months of this Act's enactment, continue to comply with appropriate environmental permits, and report monitoring data to local, State, and Federal regulatory agencies. Requires that persons who are required to file the toxic chemical release form and are unable to account for a hazardous substance as product or permitted discharge or emissions or as managed waste to install, operate, and maintain continuous monitoring technology within one year of such failure. Requires such persons who release toxic chemicals in violation of any clean air, NPDES, or waste management permit to be required to install, operate, and maintain continuous monitoring technology as part of any enforcement action. Directs the Administrator to report to the Congress: (1) by September 30, 1990, and biennially thereafter on actions taken to implement waste reduction and recycling goals; (2) within two years of this Act's enactment, on the EPA's program to insure the consideration of multi-media impacts in EPA policies, regulations, and guidance, with recommendations for a permanent location of an office of waste minimization and recycling; and (3) within 36 months after this Act's enactment, on an evaluation of the capacity of industry to reduce waste volume and toxicity. Authorizes the Administrator to charter a National Packaging Institute which shall promote packaging standards and practices which minimize the quantity of packaging materials that are consumed, reduce litter, and do not adversely affect human health and the environment. Permits the Institute to design and license the use of a seal or symbol which may be employed by the licensed users on packages which satisfy Institute standards. Authorizes the Administrator to conduct a program of public information and education on the impact of packaging on natural resource consumption and the Nation's solid waste management system, and the benefits of implementing the Institute's standards. Authorizes appropriations through FY 1993 for grants to the Institute. Authorizes any person to petition a Federal agency to undertake a waste reduction action if such action would bring about at least a ten percent increase in recycling of the petitioned item, reduce by at least ten percent the total volume or toxic constituents of a waste described in the petition, or would bring about a net savings in true cost to the Federal Government or be neutral in effect or cost. Requires each Federal agency to designate a waste reduction officer to oversee compliance with Federal agency waste reduction requirements, prepare agency waste reduction plans, and report annually to the EPA on the implementation of such plans. Requires Federal contractors to use recycled material in performance of any contract for $1,000,000 or more, unless the contractor certifies that recycled material is not available or not available at a cost of not more than ten percent more than non-recycled materials. Directs the Administrator to publish and submit to the Congress a list of at least ten products which identifies hazardous substances most frequently found in such products which present a risk to human health and the environment when incinerated or disposed. Provides for regulation of the disposal or incineration of such products. Prohibits the land disposal and incineration of lead-acid and mercury batteries. Directs the Administrator to promulgate performance standards and other requirements necessary to protect the public health and the environment from hazards associated with recycled lead-acid and mercury batteries. Exempts transporters of lead-acid and mercury batteries from certain liability provisions of the Comprehensive Environmental Response, Compensation, and Liability Act if such batteries are not mixed with other hazardous substances and are managed in compliance with standards promulgated under the Solid Waste Disposal Act. Requires the Federal procurement of recycled materials if the recycled materials are available at no more than ten percent of the price of alternative items. Requires the EPA to reissue its paper procurement guidelines to ensure that they are consistent with such requirement and to promulgate final procurement guidelines requiring the use of recycled lead in lead-acid batteries, used tire fragments in road cover, compost from yard waste and sewage sludge, recycled plastic from discarded bottles, recycled steel from discarded cans, recycled glass from discarded containers, and recycled aluminum from discarded cans.
United States · United States Congress · 1 June 1989
Municipal Solid Waste Source Reduction and Recycling Act of 1989 - Amends the Solid Waste Disposal Act to establish as national goals: (1) a ten percent reduction in municipal solid waste by 1993 as a result of source reduction; (2) a 25 percent reduction in such waste by 1993 as a result of recycling; and (3) a 50 percent reduction in such waste by 1999 as a result of recycling. Directs the Administrator of the Environmental Protection Agency to: (1) promote source reduction and recycling methods and opportunities by providing technical assistance to States, local governments, and the business, industry, and educational communities; (2) promote public understanding of and participation in source reduction and recycling programs; and (3) propose strategies to reduce toxic constituents in consumer products. Requires the Administrator to establish an Office of Waste Reduction to carry out responsibilities under this Act. Directs the Administrator to promulgate regulations to carry out this Act to include requirements for: (1) a standardized methodology for calculating costs of solid waste management; (2) decisionmaking models to assist State and local governments in the selection and integration of waste management services; (3) criteria for use of a standardized, national recycling seal or symbol; (4) a standardized label identifying the plastic resin used in products; and (5) specified national packaging standards. Requires the Administrator to: (1) implement an education and information program to foster an understanding of the benefits of source reduction and recycling; and (2) establish a source reduction clearinghouse to collect, evaluate, and disseminate information on the effectiveness of source reduction and recycling techniques. Prohibits the use of: (1) cadmium as a pigment and the importation of products containing cadmium as a pigment; and (2) cadmium for all other nonessential purposes and the importation of products containing cadmium for such purposes. Deems the use of cadmium to be nonessential where alternative substances which present less of a threat to human health and the environment are available. Directs the Administrator to promulgate regulations concerning the production, distribution, or disposal of any product (including products containing lead, mercury, cadmium, and other heavy metals) which, on the basis of its constituents, disposal, or incineration, presents a threat to human health or the environment. Prohibits: (1) the placement of lead-acid batteries in landfills and the incineration of such batteries; (2) the placement of used lead-acid batteries in mixed municipal solid waste or the disposal of such batteries except by delivery to automotive battery retailers or wholesalers, permitted secondary lead smelters, or State-approved collection or recycling facilities; and (3) the disposal of such batteries by battery retailers or wholesalers except by delivery to permitted secondary lead smelters, State-approved collection or recycling facilities, battery manufacturers or, in the case of a retailer, agents of battery wholesalers. Provides that each improperly-disposed battery shall constitute a separate violation of this Act. Requires persons selling lead-acid batteries to accept from customers used batteries of the type and quantity equal to the number of new batteries purchased, if offered. Directs retailers of such batteries to post notices in public areas of retail establishments that: (1) state that it is illegal to throw away motor vehicle or lead-acid batteries and that Federal law requires an exchange of used batteries for new batteries purchased; and (2) encourage recycling of used batteries. Prohibits the sale of any lead-acid battery after 1989 unless such battery bears a label containing such language. Requires the Administrator to establish a Products and Packaging Advisory Board. Directs the Board to report to the Administrator on a program to: (1) minimize the quantity of packaging and other material in the waste stream; (2) minimize the consumption of scarce natural resources in production and use of packaging; (3) eliminate the use of toxic constituents in packaging; (4) maximize packaging recycling and reduce litter; (5) assure that human health and the environment will not be affected adversely by the use and disposal of packaging; and (6) include use of recycling seals for consumer information, mandatory labeling for plastic containers, and national packaging standards. Requires the Administrator to prepare guidelines for Federal agency procurement of glass, metals, plastic, compost, and rubber from ground tires. Directs the Administrator of the General Services Administration to report annually to the Congress on items procured by Federal agencies and include an analysis of the procurement of products containing recycled materials and obstacles to obtaining such materials. Requires Federal agencies to develop waste reduction plans to facilitate: (1) dual-sided copying; (2) paper waste reduction; (3) the purchase of products that contain recycled materials or can be recycled; (4) the purchase of nonhazardous products; and (5) the replacement of plastic food utensils with washable or recyclable tableware. Authorizes any person to petition a Federal agency to undertake a waste reduction action if such action would bring about at least a ten percent increase in recycling of the petitioned item, reduce by at least ten percent the total volume or toxic constituents of a waste described in the petition, or would bring about a net savings in true cost to the Federal Government or be neutral in effect or cost. Directs Federal contractors to use recycled material in performance of any contract for $1,000,000 or more, unless the contractor certifies that recycled material is not available or not available at a cost of not more than ten percent more than non-recycled materials. Requires State solid waste management plans to: (1) identify the amounts and types of municipal solid wastes and industrial wastes that are expected to be generated within the State or accepted from another State during the ensuing 20-year period; (2) include projections of State capacity to manage such wastes; (3) include estimates of the volumes of such wastes that will not require management in landfills or incinerators; (4) establish a hierarchy for solid waste management practices; (5) include provisions for the removal from the waste stream and safe management of any product designated to be a threat to human health or the environment; (6) inform taxpayers of the nature of waste management services and the amount of taxes attributable to such services; (7) identify and promote markets for recyclable materials; (8) list all municipal solid waste landfills at which the recovery of methane gas is economically and technically feasible; (9) describe current and proposed programs to promote source reduction and recycling; and (10) facilitate the siting of environmentally sound facilities for the transportation, separation, and processing of recyclable materials. Prohibits the Federal financing or the issuance of any permit under this Act, the Clean Water Act, or the Clean Air Act for any new or modified municipal waste incineration unit: (1) if the EPA Administrator determines that the State does not have an approved plan in accordance with this Act or has not taken reasonable steps to achieve the goals of this Act; and (2) unless, in the case of new units, the State or other entity designing, constructing, or operating the unit certifies that no more than 50 percent of the waste generated annually by such unit will be incinerated annually. Sets forth additional required State plan provisions (unless the State demonstrates that such provisions are not practicable) to include: (1) a policy requiring the State and political subdivisions of the State to procure products made with recycled materials whenever such products do not exceed by more than ten percent the cost of similar products using nonrecyclable materials; (2) a program to encourage composting of yard waste; (3) a system for curbside pickup of source-separated materials or separation at recycling facilities, or both; and (4) a policy requiring recyclable materials in solid waste to be separated prior to deposition in municipal landfills, waste-to-energy facilities, or waste treatment facilities and a surcharge on tipping fees for any such waste from commercial establishments or office buildings that is delivered to such facilities without being separated. Requires the Administrator to report to the Congress: (1) biennially on actions taken to implement this Act; and (2) five years after this Act's enactment on procurement requirements under the Solid Waste Disposal Act. Authorizes the Administrator to issue grants to States for encouraging source reduction and recycling. Provides that such grants shall be funded by the Source Reduction and Recycling Trust Fund. Makes ineligible to receive such grants States which do not have approved plans (or have not taken steps to implement plans) within five years of this Act's enactment. Allocates Fund moneys as follows: (1) 35 percent for annual recycling grants to States; (2) five percent for source reduction grants to States, counties, localities, and businesses to promote innovations in source reduction; (3) 30 percent for source reduction grants to States to assist in low-interest loans or guarantees to businesses and industries for implementing source reduction measures or manufacturing recyclable products; (4) ten percent for research grants to universities, businesses, and other institutions for research on source reduction, recycling, or disposal of recyclable materials; (5) five percent for rural assistance grants to States to assist rural areas in complying with State plans; and (6) 15 percent to be appropriated to the Administrator for carrying out this Act. Limits specified grants to 50 percent of the total cost of a project. Prohibits assistance from being used for the acquisition of land or interest in land. Requires the Secretary of Commerce to report biennially to the Congress on progress in implementing this Act, including recommendations on the need to continue or revise loan programs under this Act. Directs the Secretary to give priority to assisting exporters of recyclable materials and products containing such materials in identifying foreign markets and securing favorable financial terms for such exports. Requires the Secretary to report to the Congress on national and international markets for recyclable materials and include a methodology for market analysis to be made available to States. Authorizes the Administrator to assess civil penalties, issue compliance orders, or commence civil actions for violations of this Act. Prescribes criminal penalties for certain knowing violations. Provides for judicial review of final actions and citizen lawsuits.
United States · United States Congress · 31 May 1989
Orchard Disaster Assistance Act of 1989 - Amends the Disaster Assistance Act of 1988 to provide emergency disaster assistance to orchard owners or operators who suffered losses due to drought, excessive moisture, freeze damage, or related condition in 1988 or 1989. Extends: (1) such assistance to cover tree farmers with 1989 losses; and (2) the scope of such assistance from seedlings to trees. Extends rural business disaster assistance to cover 1989 losses. Makes tree farmers eligible for Federal crop insurance.
United States · United States Congress · 18 May 1989
National Environmental Education Act - Directs the Administrator of the Environmental Protection Agency (EPA) to establish an Office of Environmental Education within the Office of External Affairs to carry out this Act. Establishes an Environmental Education and Training Program to train educational professionals in the development and delivery of environmental education and training programs and studies. Directs the Administrator to make an annual grant to an institution of higher education or nonprofit research institution to establish and operate such program. Sets forth application and eligibility requirements and criteria to be considered in awarding such grants. Authorizes the Administrator to enter into cooperative agreements or provide grants to support projects to design, demonstrate, and disseminate practices related to environmental education and training. Outlines activities eligible for grant support and priorities in awarding such grants. Requires the Administrator to publish an annual solicitation for environmental education grants. Authorizes local education agencies, colleges or universities, State education or environmental agencies, or nonprofit agencies to apply for such grants. Limits Federal funds for demonstration projects to 75 percent of the total cost, except in specified instances. Limits such grants to $100,000 and requires 25 percent of all funds obligated to be for grants of no more than $5,000. Requires the Administrator to provide for internships by postsecondary students with Federal agencies involved in environmental issues. Directs the Administrator, to the extent practicable, to support at least 150 internships annually. Makes eligible for participation in such program students enrolled at accredited colleges or universities who have successfully completed at least four courses or the equivalent in environmental sciences. Requires the Administrator to provide for a series of national awards recognizing outstanding contributions to environmental education to include: (1) the Theodore Roosevelt Award for environmental teaching or administration; (2) the Henry David Thoreau Award for literature on the environment and pollution problems; and (3) the Rachel Carson Award for film or print media for public education and information on environmental issues or problems. Provides that recipients of such awards shall be nominated by the Environmental Education Advisory Council. Requires the regional administrator of each EPA office to present an "Outstanding Environmental Educator Award" annually to a teacher or faculty member from a local education agency, college or university, or nonprofit organization in recognition of an outstanding contribution to environmental education. Establishes a National Environmental Education Advisory Council. Requires the Council to report biennially to the Congress on: (1) the extent and quality of environmental education in the Nation's schools; (2) activities conducted pursuant to this Act; (3) obstacles to improving environmental education; and (4) training and skills needed to respond to environmental problems. Establishes the Environmental Education Trust Fund to carry out this Act. Allocates funding for this Act's activities and authorizes 50 percent of penalties received under specified environmental Acts to be appropriated to the Fund.
United States · United States Congress · 18 May 1989
Rural Partnerships Act of 1989 - Title I: Rural Business and Job Creation - Subtitle A: Rural Partnerships Investment Board - Establishes a Rural Partnerships Investment Board to provide lines of credit through local revolving funds for rural business expansion. Terminates the Board five years after enactment of this Act. Establishes in the Treasury the Rural Business Investment Fund to provide funds for such purpose. Limits an entity's credit line to $750,000. Stipulates that a State agency may receive up to $1,250,000. Requires a participating entity to: (1) provide matching funds at least equal to the line of credit; and (2) demonstrate financial institution participation. Requires only 50 percent matching funds in areas with per capita income levels below specified levels. Limits the maximum amount of Federal contributions to each State's revolving funds to $100,000. Obligates a specified amount of appropriated funds for businesses serving very distressed rural areas or providing specified rural services, including health care, elderly and handicapped services, educational services, or transportation. Authorizes FY 1990 through 1992 appropriations. Requires each participating entity to establish a local revolving fund to: (1) make loans, investments, or loan guarantees; and (2) pay for various training and related programs. Requires local revolving funds to enter into 50 percent matching loan or investment partnerships with banks and other financial institutions. Limits a fund's annual investments in any one business to $250,000. Sets forth compliance and enforcement provisions, including: (1) grounds for revocation of a line of credit; (2) investigatory authority of the Board; (3) unlawful acts of officers, directors, employees, or agents; (4) penalties; and (5) Board authority to bring an action in district court. Subtitle B: Rural Economic Development Promoted by the Rural Electrification Administration - Amends the Rural Electrification Act of 1936 to direct the Administrator of the Rural Electrification Administration (REA) to appoint an Assistant Administrator for Economic Development to carry out REA programs concerning the involvement of rural electric and telephone systems in community and economic development. Directs the Administrator to establish a technical assistance unit to assist borrowers with respect to community and economic development activities. Permits a borrower to defer loan repayments (five or ten years, depending on the project) for amounts invested in community or economic development projects. Limits such deferment to 50 percent of a project's cost. Authorizes and limits water and waste facility loans to the lesser of $40,000,000 or ten percent of fiscal year REA insured loan authority. Sets forth loan priority provisions. Requires private sector assistance under specified circumstances. Targets electrification borrower investments in: (1) the Incubation Fund established by this Act or other business incubators; and (2) community, business, or economic development projects. Expands the scope of REA rural economic development functions. Establishes in the Treasury a Rural Business Incubation Fund to make grants and reduced interest loans to electric and telephone borrowers in order to promote business incubation programs or to create rural business incubators. Requires such incubators to: (1) be operated on a not-for-profit basis; and (2) assist businesses to become viable business entities. Provides for funding of such incubators by assisted businesses, REA borrowers, and the Treasury. Deems investments by REA telephone borrowers in rural telecommunication or other rural development projects not to be dividends or capital distributions. Title II: Enhancing Human Resources - Establishes a grant program to increase rural educational opportunities through the use of telecommunications and related technologies. Authorizes FY 1990 through 1994 appropriations. Requires grantee partnerships to consist of: (1) REA borrowers; (2) specified national telecommunication organizations; and (3) educational institutions. Establishes the Rural Educational Opportunities Board to advise grant recipients, evaluate programs and technology, serve as a liaison with REA and the Secretary of Education, and review and make grant application recommendations. Requires REA and the Secretary of Agriculture to make an annual program report to the appropriate congressional committees. Provides for expedited REA telephone loans. Establishes: (1) a rural medical link telecommunications grant program; and (2) a rural business link telecommunications grant program. Authorizes FY 1990 through 1994 appropriations for such programs. Title III: Focus on Rural America by the Department of Agriculture - Amends the Rural Development Act of 1972 to direct the Secretary to establish an Extension Service rural economic and business program to permit State or county extension services to hire business development and related telecommunications specialists. Authorizes appropriations beginning with FY 1990. Directs the Secretary to: (1) establish a program to study economically distressed rural counties; (2) evaluate the nature and availability of assistance needed by such counties; and (3) report to the appropriate congressional committees in each of FY 1990 through 1993. Authorizes appropriations. Directs the Secretary to establish a rural development assistance information program. Authorizes appropriations. Directs the Secretary to report to the appropriate congressional committees by September 1, 1989, concerning the coordination of Department of Agriculture rural development activities. Directs the Secretary to conduct a study and report to the appropriate congressional committees with respect to the Department's data processing functions and whether they can be performed more economically in rural areas. Authorizes appropriations. Title IV: Rural Business and Employment Assistance - Directs the Secretary to make technical assistance grants for rural business development, including business support centers. Prohibits the use of such funds for political activity or business relocation. Authorizes appropriations. Amends the Consolidated Farm and Rural Development Act to direct the Secretary to make grants for rural technology assistance. Authorizes appropriations. Directs the Secretary to make rural emergency assistance loans to communities of less than 20,000 persons. Limits such loans to two-year periods, with a maximum of $50,000 to any one borrower. Authorizes appropriations. Title V: National Rural Information Center Clearinghouse - Directs the Secretary to establish within the National Agricultural Library a National Rural Information Center Clearinghouse. Authorizes FY 1990 through 1994 appropriations. Title VI: Water and Sewer Assistance - Amends the Consolidated Farm and Rural Development Act to increase the authorization of appropriations for small community water and waste facility grants. Directs the Secretary to establish an emergency water assistance grant program for rural and small communities (less than 3000 population, median household income below State nonmetropolitan level) with significant water shortages, or to enable such communities to comply with the requirements of the Federal Water Pollution Control Act or the Safe Drinking Water Act. Limits grants to: (1) $75,000 for existing system repairs; and (2) $500,000 for water shortage areas. Authorizes appropriations. Directs the Secretary to base loan rates for health care and related facilities solely on the income of the area to be served. Directs the Administrator of the Farmers Home Administration to establish a national rural waste water circuit rider program modeled after the existing National Rural Water Association rural water circuit rider program. Authorizes appropriations. Title VII: Miscellaneous - Directs the Census Bureau to: (1) expand data collection efforts to gather data on the changing economic conditions of rural America, including employment, poverty and income, and the labor force; and (2) employ rural residents for such efforts in FY 1990. Authorizes appropriations. Directs the Secretary of the Interior to establish regulations regarding projects funded under this Act with respect to the preservation of historic properties and historical and archaeological data. Authorizes certain Farm Credit System banks to make small community water and waste system loans. Amends the Food Stamp Act of 1977 to permit a State to designate State areas where the food stamp program (program) employment and training requirements shall be voluntary. Includes self-employment within the scope of such requirements. Increases rural program accessibility for people engaged in certain employment and training programs. Exempts from household financial resources for purposes of program eligibility the value of a vehicle used in rural areas to haul fuel or water. Amends Federal law to increase the amount of annual funds available to the Reforestation Trust Fund. Authorizes Fund use for economic diversification assistance to communities that are economically dependent upon the Forest Service. Directs the Secretary to establish a program of loan restructuring for distressed rural hospitals and health care facilities. Title VIII: Effective Date and Implementation - Makes this Act effective as of October 1, 1989, unless otherwise provided for. Sets forth the effective dates for specified implementing regulations under such Act.
United States · United States Congress · 18 May 1989
National Environmental Policy on International Financing Act of 1989 - Amends the National Environmental Policy Act of 1969 to require that before casting the U.S. vote on a proposed action by an international financial institution significantly affecting the quality of the environment, the appropriate Federal official request such institution to furnish an environmental impact statement. Requires such official to identify: (1) any minimum criteria not met; and (2) any pertinent information absent from the statement but available elsewhere. Requires such official to: (1) inform the management of such institutions of the expected nature of such statements; and (2) begin negotiations with their personnel to facilitate the conduct of environmental impact assessments. Directs the Secretary of the Treasury to: (1) make Federal personnel available upon request to assist an institution in making such assessments; (2) take steps with both donor and borrower nations to expand international consensus on environmental needs; and (3) file a detailed status report with specified congressional committees on the institution's implementation of procedures for systematically assessing the environmental impact of its activities. Directs the Council on Environmental Quality to report to certain congressional committees on the efficacy of U.S. efforts to encourage timely environmental impact assessment within international financial institutions.
United States · United States Congress · 18 May 1989
Small Business Rural Revitalization Act of 1989 - Title I: Capital Formation - Amends the Small Business Investment Act of 1958 to set forth: (1) the capital requirements for small business investment companies operating in designated rural areas; and (2) the maximum amount of Small Business Administration-guaranteed debentures that may be issued by a qualified, certified, rural area development company. Requires that funds obtained pursuant to such debentures be used to establish a revolving fund for specified loans to rural small businesses. Requires that at least 50 percent of a development company's paid-in capital shall be from private investors. Sets forth the maximum aggregate amount of debentures that may be guaranteed by the Small Business Administration (SBA). Title II: Procurement Assistance - Prescribes guidelines under which Federal agencies which allocate funds to States and political subdivisions shall develop mechanisms to facilitate designated rural area participation in Federal procurement activities, Federal research projects, and federally funded construction projects. Amends the Office of Federal Procurement Policy Act to direct the head of each executive agency to give equal consideration to designated rural areas when determining Federal construction activities. Title III: Business Development - Directs the SBA Administrator to make grants to State-chartered development agencies to acquire property in designated rural areas to be used to headquarter small business incubators. (An incubator is a facility fostering growth of new small businesses in which: (1) more than one business is located; (2) services and equipment are shared; and (3) access to professional, technical, and financial resources is provided.) Conditions such grant upon the: (1) provision of non-Federal matching funds; and (2) use by the small business incubator of SBA management and technical assistance resources. Requires that such grants be used to offset the interest charged in financing obtained to acquire property for use by a small business incubator. Title IV: Regulatory Simplification: Miscellaneous Amendments - Sets forth conditions under which, pursuant to an SBA written request, a regulatory agency may waive or modify its rules pertaining to community development or economic revitalization of a designated rural area. Requires the SBA Administrator to report to the Congress the results of a review of all Federal rural economic development programs and laws whose purpose is the promotion of rural area businesses, community development, and enhanced employment opportunities.
United States · United States Congress · 18 May 1989
Amends the Internal Revenue Code to increase the amount permitted as a nondeductible contribution to an individual retirement account from $2,000 to $4,000. Exempts from the ten percent penalty tax on early withdrawals from qualified individual retirement plans any distribution used to pay: (1) qualified tuition and related expenses of the taxpayer, spouse, or dependents at an educational institution; (2) educational expenses for occupational retraining; (3) acquisition or construction costs associated with a principal residence for a taxpayer who has never had a present ownership interest in one; or (4) long-term health care expenses of the taxpayer or spouse.
United States · United States Congress · 18 May 1989
Extends from December 31, 1988, to December 31, 1991, the 11 percent energy percentage used to determine the investment tax credit with respect to energy property associated with the Island Park Dam Hydropower Project in Idaho.
United States · United States Congress · 18 May 1989
Rural Health Clinic Improvement Act of 1989 - Amends title VII (Administration) of the Social Security Act to direct the Office of Rural Health Policy to provide technical assistance to entities seeking certification as rural health clinics and distribute brochures describing the services provided at rural health clinics. Amends title XVIII (Medicare) of the Act to include the services of nurse midwives within covered rural health clinic services. Requires a rural health clinic to: (1) have a nurse practitioner, physician assistant, or certified nurse midwife available to furnish patient care services at least 50 percent of the time the clinic operates; and (2) meet certain requirements for funding as a health center under the Public Health Service Act. Expands the area within which rural health clinics may operate. Amends title XIX (Medicaid) of the Act to modify the method of determining which costs are reasonable and related to Medicaid rural health clinic services when calculating Medicaid payments to such clinics. Deems clinics which are certified as meeting certain requirements for funding as health centers under the Public Health Service Act to be certified as Medicaid rural health clinics.
United States · United States Congress · 18 May 1989
Rural Primary Care Incentives Act of 1989 - Amends the Internal Revenue Code to allow a refundable income tax credit of up to $12,000 per year (lifetime total of $36,000) for any physician who provides primary health services to residents of a rural health manpower shortage area and who is not receiving assistance under specified national Health Service Corps programs. Permits advance credit payments through income tax withholding. Directs the Secretary of Health and Human Services to study and report to the Congress concerning: (1) the need for non-physician primary care providers in targeted rural areas; (2) the effectiveness of the tax credit in increasing the supply of primary care physicians in the targeted areas; and (3) alternative methods of defining rural health manpower shortage areas. Excludes from gross income any payments made on behalf of a taxpayer by the National Health Service Corps Loan Repayment program.
United States · United States Congress · 18 May 1989
Disaster Assistance Act of 1989 - Title I: Emergency Crop Loss Assistance - Amends the Disaster Assistance Act of 1988 to extend disaster assistance to winter wheat and other winter crops planted in 1988 for harvest in 1989. Title II: Emergency Livestock Assistance - Amends the Agricultural Act of 1949 to make funds available for emergency livestock transportation and water assistance in 1989. Title III: Businesses - Amends the Disaster Assistance Act of 1988 to extend Federal principal and interest guarantees on rural business loans based on 1989 winter crop losses. Title IV: Planting of Alternate Crops on Permitted Acreage - Amends the Agricultural Act of 1949 to extend alternate crop authority through 1990. Title V: Implementation - Offsets disaster payments made under this Act by deficiency payment reductions.
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