United States · United States Congress · 12 September 1989
International Climate Change Prevention Act of 1989 - Title I: Focusing Forestry and Energy Cooperation with Key Newly Industrializing, Middle-Income, and Low-Income Developing Nations - Directs the Agency for International Development (AID) to submit to the Congress a report which: (1) examines the potential contributions of developing countries to future global emissions of greenhouse gases under different economic growth scenarios; (2) estimates the relative contributions of such countries to global greenhouse gas emissions; and (3) identifies specific key industrializing, middle-income, and low-income developing countries (key countries) which stand to contribute significantly to global greenhouse gas emissions and in which actions to promote energy efficiency, reliance on renewable energy resources, and conservation of forest resources could significantly reduce emissions of greenhouse gases. Authorizes AID to use funds appropriated for the Foreign Assistance Act of 1961 (the Act) to reimburse U.S. agencies, State agencies, and institutions of higher learning for the full costs of employees detailed or assigned to AID for the purposes of carrying out activities relating to forestry and energy programs aimed at reducing emissions of greenhouse gases related to global warming. Title II: Tropical Forestry Assistance - Requires AID to focus tropical forestry assistance programs on key countries. Allows funds appropriated for the Act to be used by AID to support tropical forestry programs aimed at reducing emissions of greenhouse gases related to global warming with regard to those key countries referred to in this Act in which deforestation makes a significant contribution to global warming. Directs the President, in providing assistance relating to tropical forests, to assist countries in developing a systematic analysis of the appropriate use of their total tropical forest resources. Directs the Administrator of AID to assist the Consultative Group on International Agricultural Research in its efforts to strengthen their work on tropical forestry. Directs the President, in undertaking tropical forestry-related activities with key countries, to emphasize a cooperative partnership approach. Sets forth specific items for the President to emphasize. Provides that AID's policy dialogue with key countries and other developing countries should: (1) encourage reform of economic and other policies that encourage deforestation and land misuse; and (2) encourage policies that promote sustainable forest land and resource use. States that AID should work with other bilateral and multilateral donors to increase support for assistance in conservation and sustainable use of tropical forests. Directs the Administrator and the Secretary of State to undertake initiatives to promote multilateral cooperation and stimulate actions by international institutions to reduce net greenhouse gas emissions from forests. Title III: Grassroots Involvement in Tropical Forest Ecosystem Management - Authorizes AID to undertake a program to encourage grassroots involvement in tropical forest ecosystem management. Enumerates specifically authorized activities. Title IV: Energy Assistance - Directs AID to focus energy assistance activities on key countries where such assistance would have the greatest impact on reducing emissions from greenhouse gases. Requires such assistance to be focused on improved energy efficiency, increased use of renewable energy resources, and national energy plans which include investment in end use efficiency and renewable energy resources. Allows funds appropriated for the Act to be used by AID for the purpose of supporting energy programs aimed at reducing emissions of greenhouse gases related to global warming with regard to key countries. Expresses the sense of the Congress that AID should increase its efforts in the fields of energy efficiency, renewable energy, and energy planning. States that such increase should take place with respect to key countries and countries with large Economic Support Fund project assistance. Enumerates what such efforts should include. Provides that the policy dialogue undertaken by AID should encourage: (1) reform of economic and other policies that encourage construction of new energy facilities in lieu of more cost-effective conservation and energy efficiency measures or that encourage wasteful use of existing energy; (2) the adoption of policies that provide incentives for increasing the efficiency of energy use in all sectors; (3) the development of "least cost" energy-sector investment plans; (4) the reform of energy pricing regimes so that electricity tariffs more closely meet the long-run marginal cost of supply and so that fossil fuel prices more closely meet international prices; and (5) more efficient market structures for traditional biomass fuels. Directs AID to work with other bilateral and multilateral donors to increase support for assistance in energy policy, energy planning, and energy efficiency. Authorizes appropriations for FY 1990 and 1991. Title V: Multilateral Programs - Directs the Secretary of the Treasury to instruct the U.S. Executive Director to each multilateral development bank to promote the adoption by that bank of a policy to achieve a maximum impact from activities relating to energy and tropical forestry by focusing such activities on the key countries whose actions in the areas of energy and forestry could have a substantial impact on the reduction of emissions of the greenhouse gases related to global warming.
United States · United States Congress · 6 September 1989
Amends the Internal Revenue Code to authorize individuals to designate one dollar of overpayment or a cash contribution on income tax forms to the Vietnam POW/MIA Rescue Fund. Establishes such Fund to make payments to individuals as rewards for delivering into the custody of the U.S. Government a living Vietnam POW/MIA. Authorizes the granting of political asylum to individuals receiving rewards.
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
Includes National Weather Service personnel of the Department of Commerce among other Federal forest fire fighters who are eligible to be paid overtime while serving on forest wildfire emergencies.
United States · United States Congress · 4 August 1989
Legislative Line Item Veto Act of 1989 - Amends the Impoundment Control Act of 1974 to grant the President legislative line item veto rescission authority. Authorizes the President to rescind all or part of any budget authority if the President determines that such rescission: (1) would help balance the Federal budget, reduce the Federal budget deficit, or reduce the public debt; (2) will not impair any essential Government functions; and (3) will not harm the national interest. Requires the President to notify the Congress of such a rescission by: (1) special message not later than 20 calendar days after enactment of appropriations legislation; or (2) special message accompanying the budget when such rescissions have not been proposed previously for that fiscal year. Makes such a rescission effective unless the Congress, during a review period of 20 calendar days, enacts a rescission disapproval bill. Describes: (1) information to be included in the President's message; and (2) procedures to govern consideration of rescission disapproval legislation in the Senate and the House of Representatives.
United States · United States Congress · 4 August 1989
Amends the Internal Revenue Code to remove charitable contributions of appreciated capital gain property as an item of tax preference for purposes of the alternative minimum tax.
United States · United States Congress · 4 August 1989
Requires gasoline powered vehicles owned or leased by the United States and operated in an area designated under the Clean Air Act as a nonattainment area for carbon monoxide to be supplied with fuel composed of at least three percent oxygen by weight, with exceptions.
United States · United States Congress · 4 August 1989
Prohibits the Environmental Protection Agency (EPA) from enforcing, during the 12-month period following the enactment of this Act, its underground petroleum storage tank financial responsibility regulations promulgated pursuant to the Solid Waste Disposal Act with respect to certain underground tank owners. Permits enforcement after such period if the Administrator of the EPA determines that such enforcement would not impose an unjust economic burden on the owners. Requires the Administrator to conduct a study for the purpose of identifying the principal economic difficulties associated with compliance by underground tank owners with EPA technical standards for such tanks. Directs the Administrator to report the results of such study to specified congressional committees.
United States · United States Congress · 4 August 1989
Requests: (1) the Soviet Union to release the prison records of Raoul Wallenberg and account for his whereabouts; and (2) the President to pursue such release and accounting through diplomatic actions with the Soviet Union.
United States · United States Congress · 3 August 1989
Amends the Small Business Investment Act of 1958 to authorize the Small Business Administration (SBA) to make periodic interest reduction payments (subsidies) to the holder of a debenture or to the fiscal agent of a minority enterprise small business investment company (MESBIC) to cover the difference between the amount of interest the company is required to pay on debentures it has issued and the amount of interest it would be required to pay on debentures purchased by the SBA. Provides that amounts authorized to make direct debenture purchases and preferred securities purchases shall also be available to make such interest reduction payments. Allows amounts available for guarantees of MESBIC issued debentures to be used to guarantee debentures issued by certain other licensed companies.
United States · United States Congress · 3 August 1989
Amends the Internal Revenue Code to permit tax-exempt private foundations and community foundations to establish tax-exempt cooperative service organizations to operate exclusively for charitable purposes.
United States · United States Congress · 3 August 1989
Clean Air Act Amendments of 1989 - Title I: Provisions for Attainment and Maintenance of National Ambient Air Quality Standards - Amends the Clean Air Act to authorize the Administrator of the Environmental Protection Agency (EPA), after promulgating a new or revised national ambient air quality standard, to require States to submit air quality implementation plans. Requires State Governors to designate areas within a State as nonattainment, attainment, or unclassifiable, with regard to air quality standards, and to submit such designations to the Administrator. Authorizes the Administrator to modify such designations, as necessary. Designates areas currently required to be listed under the Clean Air Act as nonattainment, attainment, or unclassifiable areas, as specified. Provides for the redesignation of areas, as appropriate. Prohibits the redesignation of any area from nonattainment to unclassifiable. Directs State Governors to submit to the Administrator a list of areas designated or redesignated as carbon monoxide and ozone attainment, nonattainment, and unclassifiable areas. Designates: (1) areas identified (in 52 Federal Register 29383) as Group I areas as particulate matter 10 (PM-10) nonattainment areas; (2) counties containing sites for which air quality monitoring data show a violation of national air quality standards for PM-10 before 1989 as PM-10 nonattainment areas; and (3) areas not meeting either description as PM-10 unclassifiable areas. Authorizes the Administrator to require States to designate areas with respect to the national air quality standard for lead. Permits the Administrator, with respect to attainment or unclassifiable areas, to require States to submit implementation plans that provide for the maintenance of such standards. Makes technical amendments to provisions concerning plan requirements. Sets forth provisions for plan approval and revisions. Requires plans to provide for attainment of national air quality standards in nonattainment areas within three years of this Act's enactment or within five years of a finding of substantial inadequacy. Retains a moratorium on construction or modification of major stationary sources in certain areas until such areas meet applicable requirements concerning permit programs or attainment standards for sulfur oxides. Repeals provisions concerning: (1) extensions of time for plan submissions and attainment dates; (2) requirements concerning parking surcharges and transportation regulations; and (3) suspensions of certain plan requirements. Requires the Administrator to publish a triennial (currently, annual) document which sets forth applicable requirements of the implementation plan for each State. Revises provisions concerning stack heights to require such heights to equal the height prescribed by the Administrator (currently, the height shall not exceed two and a half times the height of the source), unless the owner or operator demonstrates the need for the greater height and such source has met applicable emissions standards. Sets the date of attainment of national air quality standards for a nonattainment area at five years from the date such area was designated. Authorizes the Administrator to extend such attainment date, provided that such extension does not exceed 20 years and that no more than two extensions are granted to a single area. Requires States to submit nonattainment plans within three years of the designation of an area. Makes technical amendments to provisions concerning nonattainment plan requirements. Authorizes the issuance of a permit to construct or operate a new source if demonstrated that the benefits of such source significantly outweigh environmental and social costs. Prohibits the use of existing growth allowances in areas which are notified that implementation plans containing such allowances are substantially inadequate. Requires States containing ozone or carbon monoxide nonattainment areas, together with local officials of such areas, to review and update, as necessary, planning procedures for such areas. Authorizes States, in the case of areas included in more than one State, to implement jointly such planning procedures. Provides that maintenance plans required as preconditions to area redesignations shall provide for maintenance of air quality standards for at least ten years after a redesignation petition is submitted to the Administrator. Authorizes the Administrator, whenever it is determined that the interstate transport of air pollutants from one or more States contributes significantly to a violation of an air quality standard in such States, to establish a transport region for such pollutants within such States. Requires the Administrator to establish a transport commission for each such region to: (1) assess the degree of interstate transport of the pollutant or precursors to the pollutant throughout the transport region; (2) assess strategies for mitigating the interstate pollution; and (3) recommend to the Administrator such measures as may be necessary to ensure that State plans meet requirements of this Act. Permits such commissions to request the Administrator to issue a finding that one or more of the States in a transport region have inadequate implementation plans. Applies program cost limitations for interstate air quality agencies to such commissions. Imposes the following sanctions on States which fail to comply with requirements concerning nonattainment areas: (1) a moratorium on the construction or modification of any major stationary source of the relevant pollutants in the nonattainment area, or with respect to ozone, the nonattainment area and the area within 25 miles of the nonattainment area; (2) restrictions on Department of Transportation assistance to such areas; (3) restrictions on the provision of new drinking water service in such areas; or (4) a withholding of all or part of assistance for air pollution planning and control. Requires States which fail to attain air quality standards by the required attainment date to submit plan revisions. Prohibits the construction or modification of any major stationary source of a pollutant in a nonattainment area after 1992 or 42 months after the designation of such area, whichever is later, unless the Administrator has approved a plan submission for such area. Authorizes the Administrator to promulgate a Federal implementation plan if any State fails to make a required submission or such submission is not approved. Classifies ozone nonattainment areas as Marginal, Moderate, Serious, and Severe, based upon the amount by which the air quality standard is exceeded in the area. Authorizes the Administrator to adjust the classification of areas which would be classified in another area if the ozone level were five percent greater or less. Prohibits more than two one-year attainment extensions from being issued for a single nonattainment area. Sets forth the following attainment dates: (1) December 31, 1995, for Marginal and Moderate areas; (2) December 31, 2000, for Serious areas; and (3) December 31, 2010, for Severe areas. Provides for the reclassification of areas which fail to meet required standards. Requires States in which Marginal areas are located to submit to the Administrator a current inventory of actual emissions from all sources. Directs such States to submit plan revisions to require: (1) correction requirements for available control technology; (2) a vehicle inspection and maintenance program; (3) permits for the construction and operation of new or modified stationary sources; (4) triennial inventories; and (5) emissions statements from owners or operators of stationary sources of oxides of nitrogen or volatile organic compounds (VOCs). Waives requirements for the submission of triennial inventories for sources which emit less than 25 tons annually of nitrogen oxides or VOCs if the State provides an emissions inventory for such sources to the Administrator. Requires States in which Moderate areas are located to submit plan revisions which provide for emission reductions, by December 31, 1995, of at least 15 percent from baseline emissions. Prohibits the following measures from being credited to the 15 percent reduction: (1) measures relating to motor vehicle tailpipe or evaporative emissions promulgated by the Administrator; (2) regulations concerning Reid Vapor Pressure promulgated by the Administrator; (3) measures concerning required corrections to implementation plans; and (4) measures concerning motor vehicle inspection and maintenance. Provides that plan revisions shall require: (1) the implementation of reasonably available control technology with respect to all VOC sources covered by a Control Techniques Guideline document and all sources with the potential to emit at least 100 tons annually of VOCs; and (2) owners and operators of gasoline dispensing systems to install and operate systems for gasoline vapor recovery of emissions from the fueling of motor vehicles. Sets forth deadlines for the installation of such systems. Requires States in which Serious areas are located to submit the same plan revisions as those applicable to Moderate areas. Directs such States, by December 31, 1995, to submit revisions to provide for: (1) the attainment of the ozone air quality standard by the applicable attainment date; and (2) certain VOC emissions reductions from the baseline emissions averaged over three-year periods, beginning in 1996. Sets forth provisions concerning creditable emissions reductions. Permits such revisions to provide for combined VOC and nitrogen oxide emissions reductions (in lieu of sole VOC reductions) that would result in reductions equivalent to those required for VOC emissions from the baseline level. Requires such States to revise plans to provide for programs to reduce hydrocarbon emissions from in-use motor vehicles in urbanized nonattainment areas with populations over 200,000. Sets forth minimum requirements for such programs, including waiver and enforcement provisions. Requires States containing certain Serious or Severe areas with populations over 250,000 to submit plan revisions to ensure the implementation of clean-fuel vehicle programs, including measures to make the use of clean alternative fuels economical for owners. Permits the Administrator to approve substitutes for such programs if such substitutes will achieve equivalent reductions of ozone-producing emissions. Requires States with Serious areas in which the levels of vehicle miles traveled or congestion levels exceed levels projected for purposes of the area's demonstration of attainment or progress to submit plan revisions providing for transportation control measures. Requires States in which Severe areas are located to make the same submissions as those applicable to Serious areas and to submit an attainment demonstration by December 31, 2000. Provides that States containing non-self-generating ozone nonattainment areas that do not include or are not adjacent to metropolitan statistical areas (MSAs) shall be treated as satisfying the requirements of this Act if they make submissions required for Marginal areas. 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. Sets forth requirements for areas reclassified as Moderate. Requires the Administrator to: (1) issue control techniques guidelines for seven categories of stationary sources of VOC emissions for which guidelines have not been issued; and (2) issue a document analyzing alternative control techniques for stationary sources of nitrogen oxides. Directs the Administrator to: (1) report to the Congress on VOC emissions from consumer or commercial products; and (2) promulgate regulations to aid in the attainment of the ozone air quality standard by decreasing emissions from such products. Authorizes such regulations to exempt health use products for which there are no suitable substitutes. Permits the transfer of enforcement authority for such regulations to States with the approval of the Administrator. Requires the Administrator to promulgate standards applicable to air pollutant emissions from loading and unloading marine tank vessels which may endanger public health or welfare. Directs the Secretary of the department in which the Coast Guard is operating to issue regulations to ensure the safety of the equipment and operations to control such emissions. Prohibits States from adopting any less stringent emissions standards. Requires the Administrator to study and report to the Congress on whether current methodology used to establish a design value for ozone provides a reasonable indicator of the ozone air quality of ozone nonattainment areas. Subjects such study to peer review. Establishes an ozone transport region comprised of coastal States on the east coast between Maine and Maryland and the consolidated metropolitan statistical area (CMSA) including the District of Columbia. Sets a fee of $5,000 per ton of VOC emitted during a calendar year in excess of 80 percent of the baseline amount for major stationary sources in areas which fail to attain standards by the applicable date. Requires such fee to be adjusted annually. Exempts from such fee areas with populations under 200,000 if demonstrated that attainment is prevented because of ozone transported from other areas. Classifies carbon monoxide nonattainment areas as Moderate or Serious. Authorizes the Administrator to adjust such classifications under conditions parallel to those for ozone nonattainment areas. Sets forth attainment dates of December 31, 1995, and December 31, 2000, for Moderate and Serious areas, respectively. Sets forth provisions for attainment extensions and reclassifications parallel to those for ozone nonattainment areas. Requires States in which Moderate carbon monoxide areas are located to submit to the Administrator a current inventory of actual emissions from all sources. Directs such States to submit plan revisions to require: (1) vehicle inspection and maintenance programs; and (2) triennial inventories. Requires States in which Serious carbon monoxide areas are located to make the same submissions as those required for Moderate areas. Directs such States to submit plan revisions to require: (1) attainment demonstrations; (2) vehicle inspection and maintenance programs; (3) transportation control measures; and (4) the use of oxygenated fuels in CMSAs or MSAs. Classifies PM-10 nonattainment areas as Moderate or Serious. Sets forth procedures and a timetable for reclassification of such areas. Provides for attainment dates of December 31, 1994, and December 31, 2001, for Moderate and Serious areas, respectively. Sets forth provisions for attainment extensions parallel to those for ozone and carbon monoxide nonattainment areas. Permits additional extensions to be granted to Serious areas, under specified conditions. Limits such extensions to a period of five years. Authorizes the Administrator to waive any requirement or attainment date for a Serious PM-10 area if determined that anthropogenic sources of PM-10 do not contribute significantly to violations of the PM-10 standard in such area. Requires States in which Moderate PM-10 areas are located to submit plans that include a permit program for the construction and operation of new and modified PM-10 sources and a demonstration on whether attainment is practicable by the applicable date. Directs States in which Serious PM-10 areas are located to submit plans that include a demonstration on whether attainment is practicable by the applicable date and the implementation of reasonably available control measures. Sets forth a timetable for the submission of attainment demonstrations. Requires the Administrator to: (1) issue technical guidance on reasonably available control measures for urban fugitive dust and emissions from residential wood combustion and prescribed silvicultural and agricultural burning; and (2) examine other categories of sources contributing to nonattainment of PM-10 and issue any additional guidance. Directs States containing nonattainment areas with respect to air quality standards for sulfur oxides, nitrogen dioxide, or lead to submit implementation plans to the Administrator. Requires such plans to provide for: (1) attainment of such standards within five years of the date of designation or, for States without approved plans, within five years of this Act's enactment. Applies requirements of approved plans submitted by Indian tribes to all areas located within a reservation. Authorizes the Administrator to: (1) treat Indian tribes as States under the Clean Air Act, except with respect to a requirement that makes available at least one-half of one percent of annual appropriations to States; and (2) provide such tribes with grant and contract assistance to carry out air pollution control functions. Outlines requirements for such authorization. Authorizes the Administrator to promulgate other means for administering such authorities where such treatment is inappropriate. Revises provisions concerning transportation planning and guidelines to require the Administrator to update the June 1978 Transportation-Air Quality Planning Guidelines. Requires States to submit such reports as the Administrator may require concerning emissions reductions, vehicle miles traveled, congestion levels, and any other information necessary for the Administrator to assess the effectiveness, implementation, or revision of any State plan. Extends the deadlines by which the Administrator must promulgate and revise regulations concerning new source standards of performance. Sets deadlines for the promulgation of regulations for sources for which the Administrator has not proposed regulations. Applies recordkeeping, inspections, monitoring, and entry requirements to persons who manufacture emissions control or process equipment or who may have information relevant to emissions sources. Exempts from interstate pollution abatement requirements States with permit programs approved under title IV of the Clean Air Act. Exempts concentrations of particulate matter attributable to increases in fugitive emissions from surface coal mines for purposes of determining compliance with maximum allowable increases in ambient concentrations of particulate matter. Revises provisions concerning pollutant increments and preconstruction requirements to lower the ceilings on maximum allowable increases in concentrations of sulfur dioxide and particulate matter. Authorizes the Administrator, in the case of pollutants other than sulfur dioxide or particulate matter for which standards are promulgated or revised, to promulgate or revise air quality increments or other regulations to prevent the significant deterioration of air quality which would result from emissions of such pollutants. Permits the Administrator, if the indicator for the particulate matter air quality standard has been changed, to modify the maximum allowable increases in particulate matter specified under this Act. Provides that the Administrator's interpretation of State implementation plans shall, if contested by a State or other party, be given deference by a court if the interpretation concerns compliance with the requirements of the Clean Air Act and is rational. Repeals provisions concerning financial disclosure and conflicts of interest. Authorizes the Administrator to assess the risks to ecosystems from exposure to criteria air pollutants. Makes technical and conforming amendments. Title II: Provisions Relating to Mobile Sources - Directs the Administrator to promulgate regulations requiring the use of clean alternative fuel in new urban buses operated primarily in MSAs with populations over 1,000,000. Establishes a schedule for the phasing-in of such program, to require the use of such fuels by all model year 1994 buses. Limits emissions of particulate matter from such buses. Permits a delay of up to two years for the application of such requirements if the Administrator determines that such delay will advance the technology, improve the benefits, or lower the costs of the urban bus program. Requires the Administrator to establish a program to increase the number of clean-fuel vehicles in the most serious ozone nonattainment areas. Directs the Administrator to promulgate regulations to establish performance standards for such programs, based on the long-term reductions in ozone-producing and toxic air emissions anticipated to result from the use of such fuels. Requires the following amount of clean-fuel vehicles to be produced and sold: (1) 500,000 in model year 1995; (2) 750,000 in model year 1996; and (3) 1,000,000 in model years 1997 through 2004. Authorizes the Administrator to grant credits toward emissions standards compliance to manufacturers who sell clean-fuel vehicles that achieve emissions reductions greater than required or sell more of such vehicles than required. Permits such manufacturers to transfer credits to other manufacturers. Requires at least one clean fuel to be sold at service stations dispensing an average of at least 50,000 gallons per month in clean-fuel vehicle areas. Permits the Administrator, if the sale of such vehicles has created a demand for such fuels outside the areas in which they are sold, to make such fuels available in major nationwide transportation corridors. Requires clean-fuel vehicles to be sold in: (1) certain Serious or Severe ozone nonattainment areas with populations over 250,000; or (2) any other area, at the request of a State Governor and with the approval of the Administrator. Permits State Governors to request the Administrator to increase the number of clean-fuel vehicles to be sold in an area. Requires the Administrator, in developing clean-fuel regulations, to hold at least one public hearing and to consider the environmental, energy, economical, health, national security, and safety implications of such program. Authorizes the Administrator to require manufacturers, distributors, and retailers of motor vehicles or motor vehicle fuels to maintain records, make reports, and provide information regarding such vehicles and fuels. Makes such records, reports, and information available to the public, with the exception of any information considered to be a trade secret. Sets standards for emissions of: (1) hydrocarbons from light duty vehicles (passenger cars) manufactured after 1979 and light duty trucks manufactured after 1993; (2) carbon monoxide from light duty vehicles manufactured after 1980 and light duty trucks manufactured after 1993; and (3) nitrogen oxides from light duty vehicles manufactured after 1980. Applies high altitude regulations requirements to light duty trucks manufactured after 1983. Requires the Administrator to set carbon monoxide emissions standards for light duty vehicles and light duty trucks operated at 20 degrees Fahrenheit. Provides that such standards shall be met by averaging emissions levels established for engine families. Directs the Administrator, no later than December 31, 1993, to complete a study assessing the need for further reductions of carbon monoxide emissions and the maximum reductions achievable from light duty vehicles and light duty trucks manufactured after 1997 when operated at 20 degrees Fahrenheit. Authorizes the Administrator to promulgate further cold temperature regulations for carbon monoxide emissions from such vehicles and heavy duty vehicles. Permits the Administrator to promulgate regulations for evaporative emissions of hydrocarbons from gasoline-fueled motor vehicles during operation and over two or more days of nonuse, under ozone-prone summertime conditions. Requires the Administrator to study the need for and feasibility of controlling emissions of unregulated toxic air pollutants associated with motor vehicles and motor vehicle fuels. Allows the Administrator to promulgate regulations requiring: (1) manufacturers to install emissions malfunction diagnostic systems on all new motor vehicles and engines; and (2) States with implementation plans to revise such plans to provide for inspection of such systems. Revises provisions concerning the promulgation of regulations for heavy duty vehicles. Requires the Administrator to study the practice of rebuilding heavy duty engines and the impact of such rebuilding on engine emissions. Authorizes the Administrator to prescribe requirements to control rebuilding practices. Permits the Administrator to set emissions standards for nonroad engines and vehicles. Prohibits the use of emissions control systems in such engines or vehicles if the operation of such systems will cause or contribute to an unreasonable risk to public health or safety. Requires the Administrator to add test procedures to vehicle certification regulations to determine whether light duty vehicles and light duty trucks manufactured after 1992 will pass inspection methods under conditions likely to be encountered in inspection and maintenance programs. Prohibits the Administrator from granting a certificate to any vehicle or engine not passing the test. Directs the Administrator, to the maximum extent feasible, to prescribe regulations permitting manufacturers to comply with emissions standards through averaging of emissions of vehicle or engine families within a manufacturer's fleet. Requires the Administrator to apply specified standards to nonconforming emissions of: (1) hydrocarbons from light duty vehicles or engines manufactured after 1992; and (2) hydrocarbons and carbon monoxide from light duty trucks manufactured after 1993. Permits the Administrator to require a manufacturer to: (1) audit the effectiveness of repairs made to remedy such nonconformities; and (2) procure or test in-use vehicles to determine whether a notice of nonconformity or failure should be issued. Authorizes the Administrator to promulgate regulations establishing fees to recover all costs to the U.S. Government associated with vehicle or engine certification and compliance monitoring and testing and vehicle fuel economy programs under the Motor Vehicle Information and Cost Savings Act. Provides for the deposit of such fees in a special U.S. Treasury fund. Authorizes representatives of the Administrator to enter any manufacturer's establishment, at reasonable times, for purposes of inspecting or observing any activity associated with motor vehicle manufacturing or testing. Requires the Administrator to promulgate regulations to: (1) make it unlawful for any person to introduce into commerce gasoline whose Reid Vapor Pressure exceeds nine pounds per square inch; and (2) establish more stringent Reid Vapor Pressure standards to achieve comparable evaporative emissions. Provides that such regulations shall take effect no later than the high ozone season for 1992. Permits gasoline containing between nine and ten percent ethanol (by volume) to exceed the applicable Reid Vapor Pressure by up to one pound per square inch. 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 minimum of 40. Permits the Administrator to require manufacturers and importers of diesel fuel not used in motor vehicles to dye such fuel to segregate it from motor vehicle diesel fuel. Sets a sulfur content limit for diesel used in model years 1991 through 1993 heavy duty vehicles and engines. Authorizes the Administrator to control the introduction into commerce of any fuel for nonroad engines or vehicles. Makes it unlawful for manufacturers of fuels or fuel additives to introduce into commerce, or increase the concentration in use of, any fuel or fuel additive for use in motor vehicles manufactured after 1974 which is not substantially similar to a fuel or additive utilized in the certification of any subsequent model year vehicle or engine. Requires the Administrator to promulgate regulations that allow manufacturers or fuel refiners to control emissions from motor vehicles and fuels by means different than required vapor recovery measures as long as the alternative measures achieve equivalent reductions over the same time period. Requires such regulations to establish performance standards for motor vehicles and fuels marketed in certain Serious or Severe ozone nonattainment areas with populations of at least 250,000. Permits averaging of such reductions if such averaging achieves reductions equivalent to those achieved by compliance with performance standards. Prohibits the manufacture or sale of any part which bypasses or renders inoperative any device installed on motor vehicles or engines in compliance with this title. Increases penalties for certain violations of the Clean Air Act. Authorizes the Administrator to commence a civil action to recover such penalties, subject to certain limitations. Sets forth judicial review and collection provisions, including requirements for the imposition of nonpayment penalties. Expands the scope and increases the amount of penalties for fuel regulations violations. Prohibits the introduction of leaded gasoline into any motor vehicle manufactured after 1989 which is designed solely for the use of unleaded gasoline. Repeals specified provisions concerning: (1) a study concerning aircraft emissions; (2) reporting requirements; (3) waivers of emissions standards; (4) propulsion and emissions control systems; and (5) exemptions from emissions control systems modifications. Title III: Hazardous Air Pollutants - Establishes a list of hazardous air pollutants. Provides for additions to or deletions from such list, based upon the degree to which a pollutant is known to cause cancer or any other chronic or adverse health effects in humans. Permits any person to petition the Administrator for modifications to such list. Requires the Administrator to list and establish emissions standards for all categories of major and area sources of such pollutants. Authorizes the Administrator to set emissions standards for radionuclides from such sources separately from regulating such pollutants. Requires such standards to be no less stringent than standards achieved by the best controlled similar source. Directs the Administrator to review and revise such standards, as necessary. Establishes a timetable for the promulgation of such standards, requiring standards for all categories within ten years of this Act's enactment. Requires compliance by existing sources within six years of the promulgation of such standards. Directs the Administrator, within seven years of the promulgation of such standards, to evaluate the risks remaining to public health after the promulgation of such standards. Requires the Administrator, if the application of such standards presents an unreasonable risk, to promulgate standards to protect adequately against such risk. Authorizes States with approved programs to issue permits providing for alternative emissions limitations from major sources or extensions of compliance dates for certain existing sources. Requires such limitations to be approved by the Administrator. Permits the Administrator to grant compliance extensions to sources in States without approved programs. Prohibits: (1) the construction of any new major source subject to standards under this title unless the Administrator or a State with an approved program determines that such source complies with such standards; and (2) the operation of any source subject to such standards, except in compliance with such standards. Requires the Administrator to establish and maintain an air toxics clearinghouse and centers to provide technical information and assistance to State and local agencies. Authorizes the Administrator to conduct research on methods for preventing, measuring, and controlling emissions and evaluating associated health and ecological risks. Permits the President to exempt any source from standards for up to two years if it is in U.S. national security interests to do so. Authorizes additional two-year extensions of such exemptions. Requires the President to report to the Congress on each exemption or extension. Authorizes appropriations. Directs the Administrator to study and report to the Congress on the anticipated health hazards resulting from pollutant emissions by electric utility steam generating units after imposition of this Act's requirements. Requires the Administrator to describe alternative control strategies for emissions warranting regulation under this Act. Title IV: Permits - Makes it unlawful to violate any permit requirement or to operate a source subject to standards under the Clean Air Act, except in compliance with a permit. Authorizes the Administrator to exempt sources from permit requirements if consistent with the purposes of this Act. Directs the Administrator to promulgate regulations establishing the minimum elements of a permit program to be administered by any air pollution control agency. Requires such program to include requirements for: (1) permit applications; (2) monitoring and reporting; (3) permit fees of at least $25 per ton of each regulated pollutant to be increased in accordance with the Consumer Price Index; (4) adequate personnel and funding; (5) certain authorities for the permitting authority; and (6) adequate procedures for public notice and comment on permit applications. Authorizes the Administrator to collect fees from any source if determined that the permitting authority is not adequately administering or enforcing a permit program. Requires sources that fail to pay fees to the Administrator to pay penalties of 50 percent of the fee amount plus interest. Requires such fees to be used to support the air pollution control program of a State or interstate agency. Directs State Governors to submit: (1) permit programs to the Administrator within three years of this Act's enactment; and (2) legal opinions from the attorney general that the laws of the State, locality, or interstate compact provide adequate authority to carry out such program. Sets forth approval and modification procedures for such programs. Authorizes the submission and approval of partial permit programs which meet certain minimum requirements. Provides that approval of a partial program shall not relieve a State of its obligation to submit a complete program. Sets forth interim approval, administration, and enforcement procedures. Requires owners or operators of regulated sources to submit compliance plans with permit applications and to periodically certify that such facilities are in compliance with this Act's requirements. Makes permit applications, compliance plans, monitoring reports, certifications, and permits available to the public. Requires permits to include emissions limitations and standards, schedules of compliance, and such other conditions as are necessary to assure compliance with applicable requirements. Authorizes the Administrator to prescribe procedures for determining compliance and for monitoring and analysis of pollutants regulated under this Act. Requires permits to set forth inspection, entry, monitoring, compliance certification, and reporting requirements. Authorizes permitting authorities to issue: (1) general permits covering numerous similar sources; or (2) single permits authorizing emissions from similar operations at multiple temporary locations. Requires owners or operators of temporary sources to notify the permitting authority in advance of any change in location of such sources. Authorizes the permitting authority to require separate fees for operations at each location. Allows the reissuance or modification of permits which provide for less stringent emissions limitations or other requirements under certain conditions. Requires permitting authorities to: (1) submit to the Administrator any application for alternative emissions limitations or permit modifications; and (2) notify all States contiguous to the State in which the emissions originate of each permit application and provide an opportunity for such States to submit recommendations regarding such permit. Sets forth provisions concerning: (1) issuance or denial of permits; (2) waivers of notification requirements; and (3) notifications to States regarding termination, modification, revocation, or reissuance of permits. Title V: Acid Deposition Control - Declares that the purpose of this title is to achieve nationwide reductions in annual emissions of: (1) sulfur dioxides of approximately 10,000,000 tons from 1980 emissions levels (in two phases); and (2) nitrogen oxides of 2,000,000 tons relative to levels in 2000. Directs the Administrator to transfer annual allowances to owners or operators of affected sources in amounts equal to the annual tonnage emissions limitations under this Act. Continues the allocation of such allowances to an owner or operator if an existing affected unit is removed from commercial operation. Permits the transfer of such allowances between owners or operators, subject to certain limitations. Requires the Administrator to promulgate regulations to establish an allowance system which shall provide for unused allowances to be carried forward and added to allowances for subsequent years. Provides for the trading of sulfur dioxide and nitrogen oxide allowances, including the crediting of nitrogen oxide reductions in phase I against those required in phase II. Subjects trades in nonattainment areas to the approval of the Administrator. Requires owners or operators of new units to hold allowances equal to the annual tonnage of sulfur dioxide emitted by such units after December 31, 2000. Makes such units ineligible for allocations of sulfur dioxide allowances. Permits such units to obtain allowances from any unit allocated allowances under this title. Makes it unlawful to hold or transfer any allowance, except in accordance with regulations issued by the Administrator. Lists affected sources and units and their sulfur dioxide allowances. Provides that existing steam-electric units with nameplate capacities of 100 MWe or greater that emit sulfur dioxide at a specified annual rate between this Act's enactment date and 2001 shall be considered to be affected units. Sets emissions limitations for such sources. Authorizes owners or operators of affected units to submit proposals to the Administrator to reassign sulfur dioxide emissions requirements to any other unit under their control. Sets forth approval procedures for such proposals. Provides that existing steam-electric units with nameplate capacities of 75 MWe or greater and with specified 1985 emissions rates shall be affected units for purposes of this Act after December 31, 2000. Subjects such units to specified emissions limitations after such date. Prohibits existing steam-electric units, after December 31, 2000, from exceeding annual emissions rate requirements equal to actual 1985 emissions rates. Requires nitrogen oxide emissions rate requirements to be met in the second phase by coal-fired steam-electric units with nameplate capacities of 75 MWe or greater. Sets nitrogen oxide emissions limitations for such units after December 31, 2000. Requires this title to be implemented by permits that prohibit exceedances of sulfur dioxide and nitrogen oxide emissions rates, limitations, or allowances or contravention of any permit provisions. Requires permits to be accompanied by compliance plans. Authorizes the Administrator to require: (1) a demonstration of attainment of national air quality standards for sources; and (2) an integrated compliance plan from owners or operators of two or more sources. Directs the Administrator to issue permits to listed affected sources. Sets forth permit application and approval procedures. Requires the Administrator to promulgate regulations to implement a Federal permit program for affected sources. Directs owners or operators submitting phase I permit applications and compliance plans to request certifications from State Governors that such applications and plans are in compliance with State law. Permits such certifications to preclude the use of coal produced outside the State at such sources. Waives such requirements if the Governor fails to act on such a request. Establishes deadlines for phase II sulfur dioxide emissions and nitrogen oxide emissions requirements with respect to: (1) the submission of permit applications and compliance plans; (2) the issuance of permits by States to affected sources; and (3) the issuance of allowances by the Administrator. Requires the Administrator, if a State fails to issue permits by the required deadline, to issue such permits by July 1, 1997. Directs States to submit permit programs for new units to the Administrator. Sets deadlines for the submission of permit applications and compliance plans for such units. Authorizes the submission of revised applications or plans. Makes it unlawful to: (1) fail to submit an application or plan in accordance with deadlines; or (2) operate any source, except in compliance with a permit program. Requires owners or operators of existing sources to: (1) demonstrate to the permitting authority that one or more units will be repowered with a qualifying clean coal technology by January 1, 1998; and (2) provide, as part of such demonstration, documentation of a preliminary design and engineering effort for such repowering, an executed contract for the majority of the repowering equipment, and such other information as may be required, by December 31, 2000. Grants owners or operators satisfying such requirements extensions of emissions limitations or rate requirements for such units from December 31, 2000, to December 31, 2003. Provides that qualifying sources that increase emissions of a pollutant relative to potential pre-repowering levels shall not be subject to requirements of title I of the Clean Air Act for such pollutant if the owners or operators of such sources demonstrate that the increased emissions will not: (1) cause or contribute to an exceedance in any area of a national air quality standard or of a maximum allowable increase in concentrations under such Act; (2) interfere with reasonable progress; or (3) result in an adverse impact on visibility or air quality related values in any Class I area under part C of title I of such Act. Directs the Administrator, for the period of an extension, to grant annual allowances for sulfur dioxide to the owners or operators of affected sources. Prohibits the transfer or use of such allowances by any other source to meet emissions requirements under this title. Requires owners or operators to notify the Administrator in advance of the date on which the affected unit is to be removed from operation to install repowering technology. Establishes emissions rates and allowances for such sources. Makes it unlawful to fail to comply with such requirements. Authorizes owners or operators of existing units that emit sulfur dioxide or nitrogen oxides to elect to designate such sources as affected units. Requires such designations to be submitted to the Administrator for approval. Directs the Administrator to establish a baseline for such units based on fuel consumption and operating data from 1985 through 1987. Establishes emissions limitations for such sources. Applies allowance and permit requirements for affected sources to designated affected sources. Authorizes the Administrator to establish a program for the designation of process sources as affected sources. Prohibits designated sources from transferring or banking allowances produced as a result of reduced utilization or shutdown. Makes owners or operators of affected sources that emit excess sulfur dioxide and nitrogen oxides liable for the payment of an excess emissions fee based on excess tonnage. Requires such individuals to: (1) offset the excess emissions by an equal tonnage amount in the following year or such period as the Administrator may prescribe; and (2) submit a plan to achieve such offsets to the Administrator. Directs the Administrator to: (1) deduct allowances equal to the excess tonnage from those issued for the source for the years following the year in which the excess emissions occurred; and (2) adjust the fee for inflation, based on the Consumer Price Index, beginning in 1996. Makes it unlawful for liable owners or operators to fail to comply with such requirements. Requires sources subject to this title to install and operate continuous emission monitoring systems (CEMS) and to assure the data for sulfur dioxide, nitrogen oxides, opacity, and volumetric flow for each unit. Directs the Administrator to specify the requirements for CEMS, alternative methods that provide reliable and timely information, and recordkeeping and reporting of information from such systems. Sets first and second phase deadlines for compliance with such requirements. Requires the Administrator to prescribe means for calculating emissions for any unit for which CEMS data is not available. Makes it unlawful to operate any source not in compliance with CEMS requirements. Deems excess emissions from an affected source to be a violation of this Act, with each ton emitted in excess of allowances constituting a separate violation. Requires the Administrator to assess and report to the Congress on the environmental effects of emissions reductions under this title. Directs the Federal Energy Regulatory Commission (FERC) to establish a demonstration program for regulatory incentives to promote the development of clean coal technologies and other control technologies to limit power plant emissions. Requires such incentives to include: (1) an incentive rate of return for clean coal or other technologies that recognizes their inherent risk; and (2) a ten to 20 year amortization period to recover the capital costs of such technologies. Provides that: (1) the program will have a five year life; (2) the program will cover no more than four units in each technology class; and (3) technology classes eligible for the program should be likely to realize significant cost reductions when employed. Requires FERC to review the merits of the program and determine whether it should be extended or made permanent. Requires FERC to establish a process for negotiating with potential developers of clean coal or other control technologies to agree upon cost caps for future projects and preapproval of the prudency of expenses for such projects if the expenses fall within the agreed-upon cap. Directs the Administrator to promulgate regulations to revise existing clean coal technology requirements and to facilitate clean coal projects. Requires such regulations to address physical or operational changes to existing facilities for the installation, operation, or removal of such projects. Provides that the Federal share for a qualifying project shall be at least 20 percent of the total cost of such project. Encourages States and political subdivisions which regulate public utility rates and charges to provide additional incentives for the implementation of clean coal technologies. Title VI: Provisions Relating to Enforcement - Authorizes the Administrator to issue administrative penalties for certain violations of the Clean Air Act. Makes Federal enforcement procedures currently applicable to implementation plans applicable to permit programs. Authorizes the Administrator to ask the Attorney General to commence criminal actions against violators of specified provisions of such Act. Permits the Administrator to prohibit the operation of sources for specified violations. Revises penalty provisions of, and makes technical amendments to, such Act. Establishes fines and prison sentences for knowing failures to pay fees under such Act. Doubles the maximum punishment for specified subsequent violations. Prescribes fines and up to 15 years' imprisonment, or both, for knowing releases of hazardous substances that place another person in imminent danger of death or serious bodily injury. Makes organizations responsible for such releases subject to fines of up to $1,000,000 per day for each violation. Limits the Administrator's authority to assess certain administrative penalties to matters where the total penalty does not exceed $200,000 and the first violation occurred no more than 12 months prior to the initiation of the administrative action, with specified exceptions. Authorizes the Administrator to implement a field citation program for appropriate minor violations 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. Authorizes the Administrator to pay rewards of up to $10,000 for information or services leading to criminal convictions or judgments of liability for violations of the Clean Air Act. Makes Federal, State, and local officials or employees ineligible for such rewards. Authorizes the Administrator to require owners or operators of sources subject to such 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 from 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.) Authorizes the assessment of civil penalties for violations of such Act. Requires such penalties to be deposited in a special Treasury fund and to be available to finance air compliance and enforcement activities. Revises provisions concerning citizen suits under such Act. Requires the Administrator to take necessary measures to prevent the operation, construction, or modification of certain major emitting facilities. Makes noncomplying stationary sources subject to penalties. Title VII: Miscellaneous Provisions - Authorizes the Administrator to make grants to air pollution control agencies in amounts up to three-fifths of the total cost of programs for the prevention and control of air pollution or implementation of national standards. Grants agencies contributing less than the required two-fifths minimum three years to attain the minimum level. Reduces the Federal contribution to agencies which fail to meet such minimum. Requires at least one-half of one percent of the annual State grant appropriation to be for grants to air pollution control agencies. Prohibits agencies from receiving grants during any fiscal year when expenditures of non-Federal funds for recurrent expenditures for air pollution programs will be less than expenditures for such programs during the preceding fiscal year. Requires the Administrator to revise current regulations defining nonrecurrent and recurrent expenditures to consider exempting agencies with acceptable periodic increases from such limitations. Authorizes the Administrator to award grants to agencies not meeting such requirements if it is determined that a reduction in expenditures is attributable to a non-selective reduction in the expenditures of applicable Federal agencies. Decreases the Federal contribution to interstate air quality agencies. Repeals provision concerning annual reporting requirements. Requires the Administrator to study and report to the Congress on the role of ozone precursors in tropospheric ozone formation and control. Revises provisions (including deadlines) concerning the issuance and revision of criteria for national air quality standards. Establishes within the EPA an Air Pollutant Release Investigation Board to investigate major life-threatening releases of air pollutants. Excludes from such investigations releases associated with nuclear incidents and transportation-related releases. Requires the Board to make reports on such releases to the Congress and, upon reasonable cost, to the public.
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 · 1 August 1989
Amends the Regulatory Flexibility Act to provide for: (1) judicial review of certain administrative certification decisions; and (2) regulatory flexibility analysis of Internal Revenue Service (IRS) rules. Defines "impact" to mean the effects of a proposed or final rule which an agency can anticipate at the time of publication and includes the effects imposed by such rule.
United States · United States Congress · 1 August 1989
Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to exempt a nurse aide employed at an individual skilled nursing facility for over one year as of July 1, 1989, from the requirement that before a nursing facility uses a nurse aide for over four months such aide must complete a State-approved training and/or competency evaluation program.
United States · United States Congress · 31 July 1989
Child Abuse During Pregnancy Prevention Act of 1989 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services, through the Director of the Office of Substance Abuse, to award grants to States to develop and operate five pilot projects to demonstrate the effectiveness of, and expense associated with, providing outreach, education, and treatment services concerning substance abuse to pregnant and postpartum females and their infants. Sets forth application and evaluation requirements. Directs the Secretary to conduct a study regarding specified aspects of substance abused infants and to report to the appropriate committees of the Congress. Authorizes appropriations for FY 1990.
United States · United States Congress · 27 July 1989
Amends the Federal Meat Inspection Act to authorize the distribution of a meat article or animal without charge to nonprofit private entities or to Federal, State, or local entities engaged in the distribution of food without charge to individuals, if the article: (1) was inspected and found wholesome and not adulterated; and (2) is marked "Not for Sale." Relieves the United States and the person from whom the meat was seized and condemned from legal responsibility for the article if it: (1) was inspected and found wholesome and not adulterated; and (2) is marked "Not for Sale." Amend the Poultry Products Inspection Act to authorize the distribution of a poultry article without charge to nonprofit private entities or to Federal, State, or local entities engaged in the distribution of food without charge to individuals, if the article: (1) is capable of use as a human food; (2) was inspected and found wholesome and not adulterated; and (3) is marked "Not for Sale." Relieves the United States and the person from whom the poultry was seized and condemned from legal responsibility for the article if it: (1) was inspected and found wholesome and not adulterated; and (2) is marked "Not for Sale."
United States · United States Congress · 25 July 1989
Title I - Product Liability Reform Act - Declares that this Act governs any product liability action brought against a manufacturer or product seller, on any theory, for harm caused by a product. States that a civil action brought against a manufacturer or product seller for loss or damage to a product itself or commercial loss shall be governed by applicable commercial or contract law. Supersedes any inconsistent State law regarding recovery in such actions. Lists specific laws not superseded, including: (1) defense of sovereign immunity asserted by any State or by the United States; (2) any Federal law (except the Federal Employees Compensation Act and the Longshore and Harbor Workers' Compensation Act); (3) the Foreign Sovereign Immunities Act of 1976; (4) State choice-of-law rules; (5) the right of any court to transfer venue or to apply the law of a foreign nation or to dismiss a claim of a foreign nation or citizen on the ground of inconvenient forum; and (6) any statutory or common law cause of action, including an action to abate a nuisance, that authorizes a State or person to institue an action for civil damages or civil penalties, clean up costs, injunctions, restitution, cost recovery, punitive damages, or any other form of relief from contamination or pollution of the environment or the threat of it. Declares that U.S. district courts shall not have jurisdiction over any civil action under this Act, based on specified provisions of Federal law relating to district court jurisdiction. Declares that, if any provision of this Act would shorten the period during which a manufacturer or seller would otherwise be exposed to liability, the claimant may, notwithstanding that period, bring any civil action under this Act within one year after the effective date of this Act. Title II - Allows any claimant to bring a civil action for damages against a person for harm caused by a product under applicable State law, except to the extent such law is superseded by this title. Sets forth expedited settlement measures, including: (1) an option to include an offer of settlement, for a specific dollar amount, by the plaintiff in the complaint and by the defendant in a responsive pleading; and (2) awarding attorney's fees and costs, in certain circumstances, to the prevailing party if the other party does not accept the settlement offer. Sets forth alternative dispute resolution procedures, including: (1) an option, in lieu of or in addition to a settlement offer, for a claimant or a defendant to offer to proceed under any voluntary alternative dispute resolution procedure established or recognized under the law of the State in which the action is brought or maintained; and (2) awarding of attorney's fees and costs to the offering party if the court determines that a refusal to so proceed was unreasonable or not in good faith. Creates a rebuttable presumption that a refusal to so proceed was unreasonable, or not in good faith, if a verdict is rendered in favor of the offeror. Title III - Allows a person seeking to recover for harm caused by a product to bring a civil action against the manufacturer or seller under applicable State or Federal law, except to the extent such law is superseded by this Act. Establishes a standard of product seller liability for proximate causes of harm, established by a preponderance of the evidence, which fall under the categories of negligence or express warranty. Allows the trier of facts, in a negligence action, to consider the conduct of the seller with respect to: (1) the construction, inspection, or condition of the product; and (2) failure to pass on warnings or instructions from the manufacturer. Deems the seller not liable for failure to provide warnings or instructions unless the claimant establishes that the seller failed to: (1) provide warnings or instructions received while the product was in the seller's possession and control; or (2) make reasonable efforts to provide users with warnings and instructions which it received after the product left its possession and control. Deems a seller not liable except for breach of warranty where there was no opportunity to inspect the product in a manner which would or should, in the exercise of reasonable care, have revealed the aspect which allegedly caused the harm. Declares that the seller shall be treated as the manufacturer and be liable for harm caused by a product as if it were the manufacturer if: (1) the manufacturer is not subject to service of process in any State in which the action might have been brought; or (2) the court determines that the claimant would be unable to enforce a judgment against the manufacturer. Allows punitive damages, if otherwise permitted by applicable law, to be awarded in any civil action under this title to any claimant who establishes by clear and convincing evidence that the harm suffered was the result of conduct manifesting a manufacturer's or product seller's conscious, flagrant indifference to the safety of those persons who might be harmed by a product. Declares that a failure to exercise reasonable care in choosing among alternative product designs, formulations, instructions, or warnings is not of itself such conduct. Prohibits awarding punitive damages in the absence of a compensatory award, subject to exception. Prohibits punitive damages against a manufacturer or seller of a drug or medical device where: (1) the drug or device was subject to pre-market approval by the Food and Drug Administration (FDA); or (2) the drug is generally recognized as safe and effective under conditions established by the FDA. Prohibits punitive damages against a manufacturer of an aircraft where: (1) the aircraft was subject to pre-market certification by the Federal Aviation Administration (FAA); and (2) the manufacturer complied, after delivery, with FAA requirements and obligations with respect to continuing airworthiness. Provides for separate proceedings, if requested by the manufacturer or seller, with regard to punitive damages. Lists factors the trier of fact is allowed to consider in determining the amount of punitive damages. Bars any civil action under this title: (1) unless filed within two years after the claimant discovered or should have discovered the harm and its cause, subject to exception; and (2) if the product involved is a capital good that is alleged to have caused harm which is not a toxic harm unless filed within twenty-five years after delivery of the product, provided the claimant has received or would be eligible for State or Federal workers' compensation. Excludes a motor vehicle, vessel, aircraft, or railroad used primarily to transport passengers for hire from these time limitations. States that nothing in these provisions affects the right of any person who is subject to liability under this Act to obtain contribution or indemnity from any other person who is responsible for the harm. Requires reduction in the damages awarded by the sum of all State or Federal workers' compensation benefits to which the employee is or would be entitled. Requires an action to be stayed, at the sole discretion of the claimant, until a final determination is made on the amount payable as workers' compensation benefits. Declares that, unless the manufacturer or seller has expressly agreed to indemnify or hold an employer harmless, neither the employer nor the workers' compensation insurance carrier shall have a right of subrogation, contribution, or implied indemnity against the manufacturer or seller or a lien against the claimant's recovery. Prohibits a third party tortfeasor, where workers' compensation is involved, from maintaining any action for implied indemnity or contribution against the employer, any coemployee, or the exclusive representative of the injured person. Prohibits, for a person who is or would have been entitled to receive workers' compensation, any other action, unless a State or Federal workers' compensation law permits recovery based on a claim of an intentional tort. Makes these provisions inapplicable and declares that applicable State law shall control if the employer or the workers' compensation insurer asserts a right of subrogation, contribution, or implied indemnity against the manufacturer or seller or a lien against the claimant's recovery. Declares that, in any product liability action, the liability of each defendant for noneconomic damages shall be several and not joint. Requires the trier of fact to determine the proportion of responsibility of each party for the claimant's harm. Establishes a complete defense, in any civil action under this Act in which all defendants are manufacturers or sellers, that the claimant was under the influence of alcohol or any drug and that, as a result, the claimant was more than 50 percent responsible for the event which resulted in the harm. Defines "drug" to mean any non-over-the-counter drug which has not been prescribed by a physician.
United States · United States Congress · 25 July 1989
Defense Reports Reduction Act - Terminates congressional reporting requirements for the Department of Defense on January 1, 1991. Establishes a policy for exceptions to such termination when there is a compelling reporting requirement and efforts to reduce unnecessary reporting requirements have been made and such a report is still justified.
United States · United States Congress · 24 July 1989
Self-Employed Equity Act - Amends Internal Revenue Code provisions relating to the income tax deduction for the health insurance costs of self-employed individuals to: (1) increase the allowable deduction from 25 percent to 100 percent; and (2) make the deduction permanent (under current law it will expire after tax year 1989).
United States · United States Congress · 20 July 1989
Directs the Secretary of Veterans Affairs to permit burials in national cemeteries on weekends and holidays, as long as the individuals arranging such burials agree to pay the total costs involved. Directs the Secretary to permit arrangements to be made on weekends and holidays for burials in national cemeteries on weekdays.
United States · United States Congress · 20 July 1989
Emergency Chinese Immigration Relief Act of 1989 - Amends the Immigration and Nationality Act to provide for the adjustment to temporary or permanent resident status, or change to another nonimmigrant status, of certain nonimmigrant (student, exchange visitor) nationals of the People's Republic of China. (Waives the two-year home country residence requirement for "J" visa exchange visitors.) Authorizes such persons to travel abroad and to work in the United States. Establishes a deferred departure period for such persons through June 5, 1993. Authorizes the Attorney General as of June 5, 1990, to terminate such deferred departure period if the President certifies to the Congress that conditions in China have changed.
United States · United States Congress · 19 July 1989
Great Lakes Maritime Trade Act of 1989 - Title I: Eligibility of Certain Reflagged Vessels in the Great Lakes to Carry Preference Cargoes - Exempts an American Great Lakes vessel (AGLV) from provisions of the Merchant Marine Act, 1936 which prohibit a vessel which is built or rebuilt outside the United States or documented under any foreign registry from being, for purposes of cargo preference provisions, a privately owned U.S.-flag vessel. Directs the Secretary of Transportation to designate a vessel to be an AGLV if it meets certain requirements regarding U.S. documentation and if the owner enters into a construction and purchase agreement specifying that: (1) all repair, maintenance, reconditioning, and other construction (except emergency repairs) shall be performed in the United States; and (2) if the designation is revoked or terminated under provisions of this Act, the United States shall have an exclusive right to purchase the vessel under specified price terms. Declares that, notwithstanding any law, if the United States does not purchase the vessel, the owner shall not be prohibited from transferring the vessel to a foreign registry or selling it to a non-U.S. citizen. Prohibits an AGLV, except during the Great Lakes shipping off-season, from engaging in trade: (1) from a non-Great Lakes U.S. port; (2) between U.S. ports; or (3) between Great Lakes U.S. ports and Great Lakes Canadian ports. Directs the Secretary of Transportation to revoke the designation of a vessel as an AGLV on determining that the vessel does not meet a requirement for the designation, it has been operated in violation of this title, or the owner has violated a construction and purchase agreement under this title. Terminates an AGLV designation three years after the date of the designation or on an earlier date as may be requested by the vessel owner. Title II: Great Lakes Maritime Passage Enhancements - Amends the Merchant Marine Act, 1936 to extend indefinitely, with regard to certain cargo preference provisions, the requirement that the Secretary of Transportation take steps to preserve the percentage share, or metric tonnage of bagged, processed, or fortified commodities experienced in calendar year 1984, of waterborne cargoes exported from Great Lakes ports pursuant to specified provisions of the Agricultural Trade Development and Assistance Act of 1954. Directs the Secretary of the Army, notwithstanding specified requirements of the Water Resources Development Act of 1986, to initiate and complete the design, planning, and engineering of the Sault Sainte Marie lock project. Extends the authorization of such project to the end of FY 1993. Directs the Secretary of State to: (1) initiate discussions with Canada to eliminate all tolls on the Great Lakes and the Saint Lawrence Seaway; and (2) report to the Congress, by January 1, 1990, regarding those efforts, any results, and recommendations for further action. Declares that it is the sense of the Congress that: (1) funding for icebreaking capability in the Great Lakes should be maintained at a level sufficient to ensure passage under any conditions which may reasonably be expected to occur during the Great Lakes shipping season; and (2) it is essential to maintain in the Great Lakes an icebreaking vessel with horsepower and beam equivalent to those of the Coast Guard cutter Mackinaw.
United States · United States Congress · 14 July 1989
Designates October 29, 1989, as Fire Safety at Home--Change Your Clock, and Change Your Battery Day. Directs the President to issue a proclamation to urge people to change the batteries in their smoke detectors when they reset their clocks from daylight savings time.
United States · United States Congress · 13 July 1989
Comprehensive Illiteracy Elimination Act of 1989 - Title I: Literacy Coordination - Literacy Coordination, Research, and Dissemination Act of 1989 - Establishes the Cabinet Council for Literacy Coordination. Amends the Department of Education Organization Act to establish in the Department of Education an Office on Literacy, to be administered by a Director. Requires the Director to: (1) coordinate the administration of literacy programs within the Department; and (2) work with the Cabinet Council for Literacy to coordinate the related programs of other Federal agencies. Directs the Secretary of Education (the Secretary), through the Office on Literacy, to make a grant to establish and operate a nonprofit National Center for Literacy, with a Director of the Center. Requires such grant to be awarded on a competitive basis, and to be limited to not more than five years (renewable). Allows the Center to use such grant funds for: (1) basic and applied research; (2) technical assistance; (3) an information clearinghouse; (4) policy analysis and program evaluation; and (5) a model demonstrative program of remedial training and placement. Directs the Secretary to establish an advisory committee to advise the Secretary and the Director of the Center on policy issues and on Center selection and operation of major research and demonstration projects. Requires the Director of the Center to report annually to the Congress and the Cabinet Council. Authorizes appropriations for FY 1991 through 1995 for the Center, limiting the amount which may be used for its model demonstration program. Authorizes the Secretary to make grants to pay the Federal share of costs of establishing and operating State literacy resource centers. Limits the amount and duration of such grants. Allows each State to contract on a competitive basis with a volunteer or community-based or other nonprofit organization to operate such a State center. Authorizes appropriations for FY 1991 through 1995 for such purpose. Title II: Workforce Literacy - Workforce Literacy Act of 1989 - Amends the Adult Education Act (AEA) to authorize appropriations for FY 1991 through 1995. Earmarks funds to train professional teachers, volunteers, and administrators, emphasizing minority teacher training and training of teachers to recognize and better serve illiterate individuals with learning disabilities and low-level reading abilities. Provides that, if a majority of the illiterate population assisted under basic program provisions of AEA has been served, the authorization of appropriations for each of the succeeding fiscal years during FY 1991 through 1995 shall be equal to that for the fiscal year in which such determination is made. Provides that adult education programs for which AEA grants have been made to States shall be carried out by public or private nonprofit entities only if the applicable local educational agency has been consulted and has had an opportunity to comment on the application. Requires State educational agencies receiving such basic State grants to assure direct and equitable access to Federal funds to local educational agencies, public or private nonprofit agencies, community-based organizations, and institutions which serve educationally disadvantaged adults. Grants preference to those organizations which will serve adults with a reading ability below the fifth grade level. Raises from 20 percent to 25 percent the limit on the portion of a State's grant allotment earmarked for high school equivalency certificate programs. Requires that at least ten percent of funds received under provisions for business, industry, labor, and education partnerships for workplace literacy be used for research, teacher training (including learning disabled identification and teaching), and technical assistance. Extends the authorization of appropriations for such provisions through FY 1995. Directs the Comptroller General to update, within 18 months, a 1975 study of the adult basic education program. Title III: Families for Literacy - Families for Literacy Act of 1989 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to extend through FY 1995 the authorization of appropriations for Even Start programs operated by local educational agencies. Establishes a Families for Literacy program under which the Secretary may make ten demonstration grants to nonprofit entities (or consortia of businesses, nonprofit entities, and local educational agencies) to pay 80 percent of the cost of establishing intergenerational learning programs (emphasizing literacy skills) for children aged three and under and their parents. Directs the Secretary to give priority to applicants whose programs serve hard-to-serve populations. Sets forth program requirements for staff teams and community advisory councils. Authorizes the Secretary to enter into a contract with the Corporation for Public broadcasting to produce and disseminate a family literacy program to assist parents in improving their knowledge and skills regarding early childhood education, language development, and literacy. Authorizes appropriations for: (1) FY 1991 through 1995 for the Family Literacy Program demonstration grants; and (2) FY 1991 for the family literacy program public broadcasting contract. Title IV: Books for Families - Books for Families Literacy Act of 1989 - Amends ESEA provisions for the inexpensive book distribution program for reading motivation to require the contractor (the Reading Is Fundamental organization), beginning in FY 1990 and thereafter, to: (1) give priority to programs which target rural and urban areas with large concentrations of economically disadvantaged children and students; and (2) report annually to the Department of Education on the number and description of such individuals. Amends the Library Services and Construction Act (LSCA) to extend through FY 1995 the authorization of appropriations for making specified grants under title VI (Library Literacy Programs) of LSCA. Authorizes appropriations for FY 1991 through 1995 to make grants for model library literacy centers and for the inexpensive book distribution program. Authorizes the Secretary, under LSCA, to make grants to State and local public libraries to establish model library literacy centers. Requires the Secretary to establish a peer review panel to assist in establishing criteria for awarding such grants. Authorizes the Secretary, under LSCA, to contract with the Reading Is Fundamental organization to promote the establishment of reading motivation programs which include the distribution of inexpensive books. Requires such contract to provide for: (1) giving priority to programs which target rural and urban areas with large concentrations of economically disadvantaged children and students; (2) increasing access to children's books for parents of newborns through children aged five; and (3) developing motivational materials to reach parents most disconnected from the education community, by making children's books available in specified types of places. Title V: Students for Literacy - Students for Literacy Act of 1986 - Amends the Higher Education Act of 1965 to extend through FY 1995 the authorization of appropriations for: (1) the Student Literacy Corps; and (2) College Work-Study (CWS) programs. Exempts literacy training programs and the creation and placement of literacy jobs for students from specified caps on CWS funds. Sets the Federal share of the compensation of students employed in literacy work-study training programs at 100 percent. Title VI: Volunteers for Literacy - Volunteers for Literacy Act of 1989 - Amends the Domestic Volunteer Service Act of 1973 to provide that, whenever they do not exceed a specified amount the funds for the VISTA Literacy Corps shall supplement and not supplant specified VISTA services provided in FY 1989 to address the problem of illiteracy. Establishes service-learning literacy programs. Authorizes the Director of the ACTION Agency (the Director) to make grants to and contracts with public and private nonprofit entities to enable students in secondary schools, secondary vocational schools, and postsecondary schools to serve as volunteers in projects addressing illiteracy. Gives priority to projects using peer tutoring and involving partnerships to meet a wide range of needs. Requires the Director to make grants and contracts for a program of full-time volunteer service to be known as University Year for Literacy, which establishes and supports innovative ways to use full-time students enrolled in higher education institutions as volunteers: (1) in addressing the problems facing illiterate and functionally illiterate individuals; and (2) in assisting organizations which combat illiteracy and those problems. Gives priority to individuals pursuing a course of study related to a career in a field addressing the problem of illiteracy. Authorizes the Director to make grants and contracts to provide training and technical assistance to increase the effective use of full-time and part-time student volunteers to combat illiteracy. Authorizes the Director to provide technical and financial assistance to nonprofit organizations conducting operations in several areas or States that are engaged in, or wish to become involved in, activities to solve the problems of illiteracy. Authorizes the Director to provide technical assistance in obtaining, training, and integrating volunteers to employers who have established or wish to establish worksite literacy programs. Establishes a program of literacy challenge grants. Authorizes the Director to award such grants to eligible public agencies and private organizations for a portion of the costs of community or employee literacy programs that include use of volunteers. Establishes a Retired Senior Volunteer Literacy Program (which may be jointly administered with other Retired Senior Volunteer Programs). Authorizes the Director to make grants to establish such program to enhance the role of senior volunteers in addressing the problem of illiteracy. Extends through FY 1995 the authorization of appropriations for the VISTA Literacy Corps. Authorizes appropriations for FY 1991 through 1995 for specified programs established under this Act.
United States · United States Congress · 13 July 1989
Amends the Internal Revenue Code to: (1) allow a noncorporate taxpayer a 46.4 percent income tax deduction for capital gains; and (2) decrease to 15 percent the maximum income tax rate applied to the capital gains of individuals. Requires indexing, based on the gross national product deflator, of the adjusted basis of certain assets (corporate stock and tangible property that is a capital asset of property used in a trade or business) that have been held for more than one year at the time of sale or other transfer, solely for the purpose of determining gain or loss. Permits noncorporate taxpayers an income tax deduction of 28.5 percent of the gain from an investment in the stock of a small business whose outstanding stock is valued at less than $100,000,000. Allows the deduction only if the taxpayer is the initial acquirer of the particular stock and holds the stock for at least four years. Allows corporate taxpayers an income tax deduction of 41 percent of the qualified small business net capital gain. Revises the computation of the alternative tax for corporations to include 20 percent of such gain. Limits the maximum marginal tax rate on the income from such investments to 20 percent for individual taxpayers. Adds the amount of the deduction for capital gain from such investments as a tax preference item for purposes of determining alternative minimum tax liability.
United States · United States Congress · 23 June 1989
Treats Hong Kong as a separate foreign state rather than a colony or dependent area for U.S. immigration purposes, beginning in FY 1990. (Thereby increasing the number of visas chargeable to Hong Kong.)
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 · 23 June 1989
Urges the Government of Iran to extend to the Bahai community the rights guaranteed by the Universal Declaration of Human Rights and other human rights accords. Calls upon the President to: (1) emphasize the need for improvements in Iran's treatment of the Bahais and other religious minorities as an important factor in the development of U.S.-Iranian relations; (2) encourage other governments to appeal to Iran concerning the situation of the Bahais; (3) cooperate with other governments and international organizations in appealing for the protection of the religious rights of the Bahais; and (4) provide, and urge others to provide, refugee and humanitarian assistance for the those Bahais fleeing their homelands because of religious repression.
United States · United States Congress · 22 June 1989
Federal Fish Inspection Act - Amends the Federal Meat Inspection Act to add a new title relating to fish inspection. Directs the Secretary of Agriculture to establish an inspection program designed to ensure the safety and wholesomeness of fish and fish products. Requires the program to: (1) cover processing, storage, and handling; (2) include imported and domestic fish products; (3) provide for registration and inspection of fish processing facilities and vessels; and (4) identify geographic areas producing products that exceed the safety standards developed under the title added by this Act. Directs the Secretary to establish standards governing: (1) sanitary conditions and processing, storage, and handling practices; (2) the safety and wholesomeness of fish products; and (3) packaging and labeling. Directs the Secretary to carry out monitoring and surveillance to assure compliance with such standards. Requires the compliance system to: (1) be in accordance with the Hazard Analysis Critical Control Point method; (2) provide for the appointment and training of inspection officers; (3) contain reporting and recordkeeping requirements; and (4) provide for enforcement, including civil and criminal penalties. Directs the Secretary to conduct and support research with respect to: (1) testing the methodology for biological and chemical contaminants; (2) inspection techniques and procedures; and (3) sanitation practices for processing, transportation, and storage. Directs the Secretary to conduct and support public education programs in furtherance of the title added by this Act. Directs the Secretary to: (1) avoid duplication of Federal and State efforts; (2) minimize disruption in the fish industry; (3) consult with other Federal agencies; (4) provide technical, advisory, and financial assistance to States to encourage State programs consistent with the title added by this Act; and (5) ensure establishment of arrangements with foreign nations to ensure mutual acceptance of standards and inspection programs. Makes title I through IV of the Federal Meat Inspection Act inapplicable to the title added by this Act. Authorizes appropriations for each fiscal year.
United States · United States Congress · 22 June 1989
Degradable Commodity Plastics Procurement and Standards Act of 1989 - Directs the Administrator of the General Services Administration to encourage the development and use of degradable agricultural commodity-based plastics through a system of preferential Government procurement. Authorizes FY 1991 through 1995 appropriations to carry out this Act. Directs the Administrator to establish an Interagency Council to coordinate activities under this Act and to develop uniform definitions, standards, and testing methods for degradable plastic products. Requires the Council to report on its activities to specified congressional committees. Directs the Commissioner of the Food and Drug Administration to assess the safety of indirect food additives intended to increase the degradability of plastic food-packaging materials. Directs the Commissioner to report annually to the Congress on such assessment.
United States · United States Congress · 22 June 1989
Motor Vehicle Fuel Efficiency Act of 1989 - Amends the Motor Vehicle Information and Cost Savings Act to establish average fuel economy standards for passenger automobiles (for model years 1995 through 2000) and automobiles other than passenger automobiles (light trucks) (for model years 2001 and thereafter). Allows any person to petition the Secretary to modify an average fuel economy standard for model year 2001 and thereafter. Specifies procedures for response to such petition. Requires the Administrator of the Environmental Protection Agency to report annually to specified congressional committees on a study on the accuracy of fuel economy testing of passenger automobiles. Directs the Secretary of Energy to distribute at least 100 explanatory booklets each year to every dealer and additional numbers if requested. Directs the Secretary of Transportation to provide for a review of the current state of research and development in light truck fuel economy and passenger automobile fuel economy and an assessment of the remaining potential for improving fuel efficiency and reducing energy consumption of passenger automobiles and light trucks. Requires a report to the Congress on such review and an updated report every five years. Doubles the civil penalty for repeated violations of the fuel economy standard.
United States · United States Congress · 22 June 1989
Tiananmen Square Park Authorization Act - Designates the park located in front of the Chinese Embassy in the District of Columbia as Tiananmen Square Park.
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.
![Official portrait of Sen. Boschwitz, Rudy [R-MN]](https://www.congress.gov/img/member/b000647_200.jpg)