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United States · Official source
4,138 records where Sen. D'Amato, Alfonse [R-NY] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 25 July 1989
Amends the Harmonized Tariff Schedule of the United States to grant duty-free treatment of corned beef contained in airtight containers. Repeals the temporary reduction of duty on such product.
United States · United States Congress · 25 July 1989
Urban and Community Forestry Act of 1989 - Directs the Secretary of Agriculture to submit an urban and community forestry report to the Congress. Amends the Cooperative Forestry Assistance Act to provide for an expanded urban forestry education and technical assistance program. Directs the Secretary to: (1) establish an urban and community forestry matching grant program; (2) make plants available to urban areas and assist in their selection, planting, and maintenance; and (3) establish a National Urban and Community Forestry Advisory Council which shall prepare a national urban and community forestry action plan for the Secretary and the Congress. Authorizes FY 1990 through 1999 appropriations.
United States · United States Congress · 25 July 1989
Displaced Homemakers and Single Parents Homeownership Assistance Act - States that displaced homemakers and single parents shall not be deemed ineligible for Federal assistance for first-time homebuyers on the basis of previous home ownership or residence while married or a homemaker.
United States · United States Congress · 25 July 1989
Amends the Defense Authorization Amendments and Base Closure and Realignment Act to direct the Secretary of Defense, after notifying all departments and instrumentalities within the Department of Defense of the availability of real property and facilities to be closed or realigned, to notify the Attorney General of the availability of such property. Requires the Secretary to transfer such property or facility to the Bureau of Prisons if the Attorney General certifies that such property will be used primarily in the incarceration of prisoners convicted of controlled substances offenses and that such property is essential to Bureau program objectives.
United States · United States Congress · 24 July 1989
Defense Production Act Amendments of 1989 - Title I: Amendments to the Defense Production Act of 1950 - Part A: Declaration of Policy - Revises the declaration of policy under the Defense Production Act of 1950 to state that such Act affords the President an array of authorities to shape defense preparedness programs and to take appropriate steps to maintain and enhance the defense industrial and technology base. Part B: Amendments to Title III of the Defense Production Act - Expands the existing loan guarantee authority of the President to include providing such authority for the procurement of a critical technology for the national defense. Increases from $25,000,000 to $50,000,000 the maximum loan guarantee amount that may be made before a specific authorization by law is needed. Waives such loan guarantee requirements upon a determination by the President, on a nondelegable basis, that a specific loan guarantee is needed to avert an industrial resource or critical technology shortfall that would severely impair national defense capability. Makes the same changes identically for loans made to private business enterprises under such Act. Authorizes the President to provide for purchases or purchase commitments for an industrial resource or a critical technology (currently, such purchases or purchase commitments are permitted for the purchase of metals, minerals, and other material). Prohibits the President from executing a contract for purchase or purchase commitment unless: (1) the industrial resource or critical technology is essential to the national defense; (2) U.S. industry cannot reasonably provide such resource or technology in a timely manner; or (3) U.S. national defense demand for the resource or technology is equal to or greater than the output of domestic industrial capability determined to be available for national defense. Increases from $25,000,000 to $50,000,000 the maximum industrial resource shortfall authorized to be reached by the President before a specific authorization by law is required. Waives such purchase and purchase commitment requirements when the President determines, on a nondelegable basis, that such purchase or purchase commitment must be made promptly to avert an industrial resource or critical technology shortfall that would severely impair national defense capability. Extends the term for such purchases or purchase commitments from September 30, 1995, to a date not more than ten years from the date such purchase, commitment, or sale was initially made. Requires excess industrial resources to be sold for industrial use pursuant to other Government programs or transferred to the National Defense Stockpile. Requires such sales or transfers to be charged against, or reimbursed from, funds appropriated to such other government programs or the Stockpile to which such resources were sold or transferred. Establishes in the Treasury the Defense Production Act Fund to carry out the purposes of title III of such Act. Establishes a maximum Fund balance. Directs the Secretary of the Treasury to designate a Fund manager to manage such Fund and report to the Congress annually on Fund activities. Provides for the determination of liabilities against the Fund. Amends the Strategic and Critical Materials stock Piling Act to provide for deposit into the Fund of certain amounts received from the sale of materials in the National Defense Stockpile. Transfers a specified amount to such Fund from the National Defense Stockpile Trans-Action Fund. Requires the Department of Commerce (currently, the President) to prepare a report on the impact of offsets on the defense preparedness, industrial competitiveness, employment, and trade of the United States, as required under the Defense Production Act of 1950. Provides that if a U.S. firm enters into a contract for the sale of a weapon system or defense-related item to a foreign country or foreign firm and such contract is subject to an offset agreement exceeding $5,000,000, such firm shall furnish an offset agreement to a designated defense official and information concerning such sale. Provides for the protection of confidential information provided to such defense official. Outlines information to be included in the reports prepared by the Department of Commerce. Requires findings and recommendations contained in such reports to be considered by representatives of the United States during bilateral and multilateral negotiations aimed at minimizing the adverse effects of offsets. Part C: Amendments to Title VII of the Defense Production Act - Requires small business concerns to be given the maximum practicable opportunity to participate as contractors and subcontractors in all programs to maintain and strengthen the nation's industrial base undertaken under such Act. Requires the President to allocate a fair share of material authorized under the Act to small business concerns, especially to new concerns or individual firms facing undue hardship. Adds new definitions as required by changes made under this Act. Authorizes any agency head or officer to appoint civilian personnel to carry out any authority required under this Act. Authorizes the President to establish sanctioned industry consortia to provide industrial resources or critical technologies found to be essential for the preservation or enhancement of the industrial or technology base of the United States supporting the national defense. Prohibits criminal or civil actions to be brought under the antitr.ust laws against any participant in such a consortia for related activities. Defines a "sanctioned industry consortia" as an arrangement among two or more entities for joint research, research and development, production, marketing, or a combination of such activities in order to attain the industrial resources or critical technologies desired. Outlines provisions relating to the formation and sanctioning of industry consortia, the establishment of a consortium advisory council, and termination and regulation of such a consortium. Exempts the activities of a sanctioned industry consortium from the provisions of the Federal Advisory Committee Act. Outlines civil procedures for remedies against a sanctioned industry consortium, requiring that a person within the consortium must have failed to comply with the scope and limitations of its charter in order to grant injunctive relief or damages to a person bringing such an action. Exempts any rule, regulation, order, or amendment thereto promulgated under the authority of the Defense Production Act of 1950 from the Administrative Procedure Act. Authorizes the President to review certain mergers, acquisitions, or takeovers involving foreign persons if it is believed that such an action may threaten to impair the national security. Part D: Technical Amendments - Limits the use of presidential authority to prioritize contracts having a bearing on national defense over other contracts or orders. Increases from $1,000 to $10,000 the possible fine for the willful violation of certain information disclosure rules. Revises provisions concerning certain employment appointment procedures in connection with appointments made by the President in order to carry out the provisions of the Defense Production Act. Part E: Repealers and Conforming Amendments - Repeals specified provisions of such Act which: (1) require the President to transmit any synthetic fuel action to both Houses of the Congress on the same day; (2) provide for voluntary agreements and plans of action for international agreements concerning the international allocation of petroleum products and related information systems; (3) provide for the accrual of interest on remaining funds authorized and appropriated to carry out such Act; (4) establish the Joint Committee on Defense Production; (5) disqualify certain persons for employment under such Act; (6) require a feasibility study of the application of uniform cost accounting standards under defense procurement contracts; and (7) establish the National Commission on Supplies and Shortages. Part F: Reauthorization of Selected Provisions - Extends through FY 1993 the authorization of appropriations to carry out such Act. Revises termination dates of specified provisions of such Act. Title II: Additional Provisions to Improve Industrial Preparedness - Part A: Industrial Capability and National Security - Directs the President to promptly establish an Industrial Capabilities Committee or other appropriate forum to exercise certain responsibilities in connection with the industrial capability of the United States as it relates to national security. Expresses the sense of the Congress that: (1) the national security of the United States would benefit from a greater integration of national economic policies with national security policies; and (2) such objective would be fostered by designating the Secretary of Defense as a member of the Economic Policy Council and establishing a Defense Working Group within such Council. Expresses the sense of the Congress that the President should conduct exercises periodically to assess the defense industry's capability to respond to increased demands for defense material and service under graduated mobilization response conditions. Part B: Encouraging Improving of the Defense Industrial Base - Directs the President, acting through the Administrator for Federal Procurement Policy, to prescribe an acquisition policy that encourages contractors to invest in advanced manufacturing technology, advanced production equipment, and advanced manufacturing processes. Directs the President to prescribe an acquisition policy which requires that the acquisition plan for any major system acquisition encourage competing offerors to acquire modern industrial facilities and production systems and other modern production equipment that increase the productivity of the offerors and reduce the costs of production. Sets forth authorized solicitation provisions to be included in such contract solicitations. Directs the President to prescribe an acquisition policy authorizing a departmental secretary or agency head to restrict to domestic sources the competition for all or a portion of a contract opportunity to fulfill the requirements for materials or items of supply that are products of, or manufactured through, the application of a critical technology. Directs the President to prescribe an acquisition policy authorizing a departmental secretary or agency head to make a noncompetitive contract award for the procurement of any critical item of supply from a domestic source in order to maintain at least one domestic source determined to be essential to national security. Provides certain subcontracting procedures in connection with the procurement of such critical items of supply through domestic sources. Directs the President, acting through the Secretary of Defense, to: (1) determine items of supply that are critical items; and (2) publish a list of such critical items in the Federal Acquisition Regulation. Part C: Unfair Foreign Competition - Directs the President to prescribe an acquisition policy for evaluating contract offers received from nondomestic sources with respect to a price advantage that a nondomestic source may have over a domestic source as a result of any unfair advantage. Requires such policy to provide for the application of price evaluation factors to the offers of nondomestic sources when necessary to counter any such unfair advantage. Provides that a finding that a contractor has engaged in an unfair trade practice shall indicate a lack of business integrity or honesty that seriously and directly affects the responsibility of the contractor to perform any Government contract. Subjects such a contractor to suspension and debarment from participation in Government contracts. Title III: Amendments to Related Laws - Amends the Federal Property and Administrative Service Act of 1949 to require the proceeds from the sale of excess industrial plant equipment and facilities to be deposited in the Treasury as miscellaneous receipts, with certain exceptions. Requires the Defense Production Act Fund to be credited in circumstances where the property transferred or disposed of was industrial plant equipment or production facilities determined to be no longer required for mobilization of the defense industrial base. Amends the Strategic and Critical Material Stock Piling Act to revise the definition of "strategic and critical materials." Title IV: Effective Dates - Sets forth effective dates for this Act.
United States · United States Congress · 24 July 1989
Drug War Bond Act of 1989 - Directs the Secretary of the Treasury to: (1) issue U.S. Government drug war bonds; (2) buy, redeem, and make refunds of such bonds; and (3) transfer amounts attributable to bond proceeds into the Anti-Drug Abuse Trust Fund to be established under this Act. Requires that such proceeds be used to fund the Anti-Drug Abuse Act of 1988.
United States · United States Congress · 24 July 1989
Amends the Internal Revenue Code to exclude from the minimum coverage requirements for pensions all railroad employees who are not covered by a collective bargaining agreement which includes a qualified cash or deferred arrangement pension plan.
United States · United States Congress · 24 July 1989
Drug War Bond Act of 1989 - Directs the Secretary of the Treasury to issue: (1) Drug War Bonds for a three-year period with a 12-year maturity date; and (2) Drug War Stamps to evidence payments for or on account of such bonds. Amends the Internal Revenue Code to exclude the interest earned on such War Bonds from an individual's gross income. Authorizes a taxpayer to designate a specified portion of any tax overpayment or make cash contributions to the War on Drugs Trust Fund (established by this Act). Provides that as of FY 1990, unobligated funds remaining in the Department of Justice Assets Forfeiture Fund shall be deposited in the War on Drugs Trust Fund. Amends the Anti-Drug Abuse Act of 1988 to terminate the Special Forfeiture Fund. Amends the Internal Revenue Code to establish the War on Drugs Trust Fund. Transfers to such Fund: (1) proceeds from the sale of Drug War Bonds and Drug War Stamps; (2) certain cash contributions and portions of tax overpayments; and (3) amounts made available from excess monies in the Department of Justice Assets Foreifeiture Fund. Prescribes expenditures from the War on Drugs Trust Fund, including construction of Federal prison facilities and education and rehabilitation programs. Exempts receipts of and expenditures from the War on Drugs Trust Fund from: (1) statutory expenditures and lending limitations; and (2) certain orders issued under the Balanced Budget and Emergency Deficit Control Act of 1985. Requires the Secretary to report to the Congress on programs established by this Act. Directs the Attorney General to make recommendations to the Congress regarding the merits of privatizing Federal prisons. Declares that it is not in order for the Congress to consider any proposal for spending less on drug related programs than the total established for the prior fiscal year (plus an additional amount to compensate for inflation).
United States · United States Congress · 24 July 1989
Commends Little League Baseball on its 50th anniversary.
United States · United States Congress · 20 July 1989
Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 1993, the duty on wicker products.
United States · United States Congress · 20 July 1989
Rural Housing Revitalization Act of 1989 - Amends the Housing Act of 1949 to extend the Secretary of Agriculture's rural housing loan insurance and guarantee, rental assistance payment contract, rental housing loan, and mutual and self-help housing grant and loan authorities through FY 1991. Authorizes appropriations to the Farmers Home Administration through FY 1991 to carry out this Act. Authorizes the Secretary to defer payment of up to 20 percent of the principal on a loan made or insured for housing and buildings on adequate farms where deferral is necessary to enable the borrower to afford payment on the loan and certain other conditions are met. Directs the Secretary to designate as targeted underserved areas 60 counties and communities in FY 1990 and 100 counties and communities in FY 1991 that have severe, unmet housing needs. Defines eligibility criteria and requires an outreach program and set-asides of assistance for such areas. Authorizes the Secretary to provide grants for such areas for the development of housing assistance capacity (capacity building grants). Directs the Secretary to provide 90 percent-guaranteed loans to moderate income borrowers with less than the median income of an area for the acquisition or construction of a single-family principal residence. Mandates priority to first-time buyers and permits as a loan condition successful completion of a homebuyer counseling program. Requires the Secretary also to provide 90 percent-guaranteed loans for housing rehabilitation in certain areas the Secretary shall target. Requires the Secretary to provide technical assistance to borrowers, lenders, and realtors in the guaranteed loan program. Authorizes appropriations. Authorizes the Secretary to make grants to nonprofit organizations to demonstrate effective public-private partnerships for the development of low-income rural housing. Authorizes appropriations for FY 1990 and 1991. Provides for the continuing availability of deobligated funds and the reallocation of other funds under housing preservation grants. Directs the Secretary, in the event of default involving a security interest in tribal allotted or trust land, to pursue liquidation only after offering to transfer the account to, and after liquidation to sell, transfer, or otherwise alienate the property only to, an eligible tribal member, the tribe, or an Indian housing authority. Provides for the transfer of inventory under the loan program for housing and buildings on adequate farms to the insured loan program for housing and related facilities for domestic farm labor.
United States · United States Congress · 20 July 1989
Innovative Alternatives to Imprisonment Act of 1989 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize grants to States to carry out projects that demonstrate innovative alternatives to incarceration for individuals convicted of nonviolent offenses. Includes boot camp prisons as such alternatives, in conjunction with drug treatment, literacy education, vocational education, and job training programs. Makes drug treatment mandatory for drug offenders. Sets forth: (1) application procedures and requirements for grants; and (2) procedures for review of applications. Authorizes appropriations.
United States · United States Congress · 20 July 1989
Commends all volunteers of the United States and the Hugh O'Brian Youth Foundation.
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 · 19 July 1989
Designates 1992 as the Year of Clean Water and October 1992 as Clean Water Month.
United States · United States Congress · 18 July 1989
Constitutional Amendment - Declares that the Congress and the States shall have power to prohibit the physical desecration of the U.S. flag.
United States · United States Congress · 17 July 1989
Declares that the Senate strongly objects to: (1) the inclusion of offset provisions in the memorandum of understanding (MOU) governing the proposed co-production by the United States and the Republic of Korea of the Korean Fighter Program; (2) the transfer of U.S. aerospace technology to such country; and (3) the failure of the executive branch to adhere to specified sections of the National Defense Authorization Act, Fiscal 1989, relating to coordination of the negotiation of defense MOUs. Expresses the sense of the Senate that the President should instruct the Secretary of Defense to postpone the signing of such MOU until: (1) a thorough review of such program is conducted by the Comptroller General; and (2) a specified report is submitted by the Republic of Korea to the Committees on Foreign Relations and Armed Services.
United States · United States Congress · 14 July 1989
Comprehensive Alzheimer's Assistance, Research, and Education Act of 1989 (CARE) - Title I: Public Health Service Programs with respect to Alzheimer's Disease - Amends the Public Health Service Act to create a new title on Alzheimer's disease. Authorizes the Secretary of Health and Human Services to make grants and enter into cooperative agreements to assist grantees in establishing and maintaining, with respect to Alzheimer's and related disorders, centers for: (1) conducting basic and clinical research, training, and dissemination of clinical information; (2) demonstrating advanced diagnostic, prevention, treatment, and management methods; (3) conducting programs of community education; and (4) maximizing research. Directs the Secretary, in carrying out these provisions, to consult with the directors of specified National Institutes of Health. Specifies purposes for which grant funds may and may not be used. Limits support for a center to five years, with extensions by the Secretary of up to five years if recommended by a technical and scientific peer review group. Authorizes the Secretary to make grants to and enter into cooperative agreements with entities receiving financial assistance under these provisions for off-site research on the diagnosis and treatment of Alzheimer's and related disorders. Authorizes appropriations for FY 1990 through 1992. Authorizes the Secretary, acting through the Director of the National Institutes of Health and the Director of the National Institute of Mental Health, to make grants and enter into contracts to enable grantees to conduct basic and clinical research regarding Alzheimer's and related disorders. Directs the Secretary, in carrying out these provisions, to consult with the directors of specified National Institutes of Health. Specifies the research areas to which minimum allocations of appropriated funds must be made. Authorizes appropriations for FY 1990 through 1992. Authorizes the Secretary, acting through the Director of the National Institute of Mental Health, to make grants and enter into contracts to enable grantees to conduct research and demonstration projects with respect to teaching the families of individuals with Alzheimer's or related disorders methods for providing appropriate care and managing stress. Authorizes appropriations for FY 1990 through 1992. Authorizes the Secretary, acting through the Commissioner on Aging, to make grants and enter into contracts to enable grantees to conduct demonstration projects with respect to teaching the families of individuals with Alzheimer's or related disorders methods for providing appropriate care and managing stress. Authorizes appropriations for FY 1990 through 1992. Authorizes the Secretary, acting through the Director of the National Institute on Aging, to make grants and enter into contracts to enable grantees to conduct long-term care research with respect to Alzheimer's disease and related disorders and with respect to the coordination of long-term care services. Authorizes appropriations for FY 1990 through 1992. Authorizes the Secretary, acting through the Director of the National Center for Health Services Research, to make grants and enter into contracts to enable grantees to conduct research with respect to developing methods for improving the delivery of supportive services to individuals with Alzheimer's disease or related disorders and with respect to the coordination of long-term care services. Authorizes appropriations for FY 1990 through 1992. Directs the Secretary to develop a plan for a research program for the study of Alzheimer's and related disorders. Specifies elements for which the plan must provide. Requires research under the plan to be carried out through the National Institutes of Health. Directs the Secretary to submit the plan to the President and the Congress. Directs the Secretary to make grants to States to plan, establish, and operate programs to provide specified services regarding Alzheimer's or related disorders. Specifies purposes for which grant funds may not be used. Limits grants to three years, subject to annual evaluation by the Secretary. Limits the amount of a grant and its portion of the costs of the program for which it is made. Directs the Secretary to annually evaluate the grant programs. Authorizes the Secretary to contract with private entities to conduct the evaluation. Authorizes appropriations for FY 1990 through 1992. Directs the Secretary, acting through the Administrator of the Alcohol, Drug Abuse, and Mental Health Administration, to require, as a condition of receiving funds under provisions of part B (Alcohol and Drug Abuse and Mental Health Services Block Grant) of the Public Health Service Act, that a State must agree that activities carried out under a specified provision will include increased provision of mental health services related to Alzheimer's and related disorders. Authorizes appropriations for FY 1990 through 1992. Authorizes the Secretary, acting through the Director of the National Institute on Aging, to make grants to assist grantees in providing training programs and continuing education programs, regarding Alzheimer's or related disorders, to health care professionals, health care paraprofessionals, and family caregivers. Specifies eligible types of grant recipients. Directs the Secretary to ensure that grants are equitably geographically distributed. Authorizes the Secretary, acting through the Director of the National Institute on Aging, to make grants to the Alzheimer's centers established by this Act to assist in developing curricula for such training programs and continuing education programs. Authorizes appropriations for FY 1990 through 1992. Directs the Secretary, acting through the Administrator of the Health Resources and Services Administration, to initiate a study regarding specified health manpower needs related to Alzheimer's disease, related disorders, and other disorders requiring long-term care services. Authorizes appropriations for FY 1990 through 1992. Directs the Secretary to establish a National Alzheimer's Disease Education Program for: (1) promoting the coordination of health care financing, service, research, education, and training programs; (2) collecting, through the Clearinghouse on Alzheimer's Disease, information on research and treatment programs; (3) making such information available to specified groups and to the general public; and (4) providing technical assistance to States and public and private organizations. Authorizes appropriations for FY 1990 through 1992. Authorizes the Secretary, through the Director of the National Institute on Aging, to make grants to educate health care providers and the families of individuals with Alzheimer's disease or related disorders on caring for individuals with such diseases or disorders and on the availability of sources of assistance. Requires grants to be equitably geographically distributed. Authorizes appropriations for FY 1990 through 1992. Title II: Improvement of Services Under Medicare and Medicaid Programs - Directs the Secretary of Health and Human Services to review the levels of reimbursement provided under title XVIII (Medicare) of the Social Security Act for home health services, extended care services, and inpatient hospital services relating to an advanced stage of Alzheimer's or a related disorder and adjust the levels to accurately reflect the reasonable amount required to provide adequately for services furnished. Requires each State plan approved under title XIX (Medicaid) of the Social Security Act to report to the Secretary on how the levels of reimbursement under the plan for home health services, nursing facility services, inpatient hospital services, and community-based care take into account special needs regarding an advanced stage of Alzheimer's or a related disorder. Directs the Secretary to modify contracts with utilization and quality control peer review organizations under part B (Peer Review) of title XI of the Social Security Act to ensure that the organizations conduct adequate and representative quality of care reviews on patients who require intensive home health services or extended care services. Requires States, as a condition of approval of a State plan under Medicaid, to provide assurances that the State is providing for the conduct of adequate and representative quality of care reviews on patients who require intensive home health services, nursing facility services, or other long-term care services. Directs the Secretary to review and report to the Congress regarding whether specified types of facilities participating under the Medicare or Medicaid program limit or restrict the services they provide to individuals with Alzheimer's or a related disorder. Directs the Secretary to provide for research and demonstration projects concerning methods of improving the delivery of health care services to Medicare and Medicaid beneficiaries with Alzheimer's disease or a related disorder. Specifies projects to be included. Directs the Secretary to provide for an evaluation of the research and demonstration projects and submit a report to the Congress. Authorizes appropriations for FY 1990 through 1992. Requires funds, to the extent that research and demonstration projects relate to Medicare beneficiaries, to be appropriated from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. Authorizes the Secretary to waive compliance with the requirements of part B (Peer Review) of title XI, title XVIII (Medicare), and title XIX (Medicaid) of the Social Security Act as necessary to conduct these research and demonstration projects.
United States · United States Congress · 14 July 1989
Amends the Export Administration Act of 1979 to extend indefinitely the restrictions on the export of Alaskan North Slope oil.
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 Harmonized Tariff Schedule of the United States to reduce, on or before December 31, 1992, the column two rate of duty on paper cutting machines for making up paper pulp, paper, or paperboard.
United States · United States Congress · 13 July 1989
Drug Intelligence Assistance Act of 1989 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize grants to States, cities, and units of local government to establish local and regional drug intelligence units. Specifies the uses of such grants as the establishment, maintenance, and improvement of antinarcotics and money laundering intelligence units at the State and local level and the enhancement of State and local efforts to apprehend and prosecute significant narcotics trafficking or money laundering operations, including individuals involved in youth gangs engaged in such activities. Provides for the allocation and distribution of funds under formula grants to States, cities, and units of local government based on population and giving priority to those jurisdictions with the greatest need. Authorizes appropriations.
United States · United States Congress · 13 July 1989
Designates the week beginning September 16, 1990, as Emergency Medical Services Week.
United States · United States Congress · 13 July 1989
Designates September 29, 1989, as National Siblings Day.
United States · United States Congress · 11 July 1989
Northern Ireland Fair Employment Practices Act - Prohibits an article from being imported into the United States from Northern Ireland unless documentation is presented at the time of entry indicating that the enterprise which manufactured or assembled such article complied at the time of manufacture with certain fair employment principles (such as freedom from religious discrimination). Bases such principles on the MacBride Principles, a nine point set of guidelines for fair employment in Northern Ireland. Requires any U.S. person who has a branch or office in Northern Ireland or who controls an enterprise in Northern Ireland in which more than 20 people are employed to insure implementation of such employment principles and compliance with this Act. Requires reports to the Secretary of Commerce on compliance with this Act. Sets forth the fair employment principles. Authorizes the President to waive the requirements of this Act in the interest of national security. Requires such waiver to become effective 90 days after the President submits a justification of such waiver to the Congress unless the Congress adopts a joint resolution disapproving the waiver. Provides for expedited consideration of such resolution.
United States · United States Congress · 11 July 1989
Designates July 20, 1989, as Space Exploration Day.
United States · United States Congress · 23 June 1989
Chinese Student Relief Act of 1989 - Amends the Immigration and Nationality Act to permit certain nationals of the People's Republic of China entitled to deferral of enforced departure to adjust to temporary U.S. resident status. Allows such persons to work in the United States. Waives the foreign (home country) residence requirement for certain Chinese students and exchange visitors applying for temporary resident status.
United States · United States Congress · 23 June 1989
Designates July 20, 1989, and July 20, 1990, as Space Exploration Day.
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
Comprehensive Violent Crime Control Act of 1989 - Title I: Firearms and Related Amendments - Amends the Federal criminal code to prohibit the transfer of firearms to non-residents of the State in which the transferor resides. Provides for the disposition of forfeited firearms. Classifies as serious drug offenses for purposes of the Armed Career Criminal Act of 1984 serious drug offenses committed by juveniles. Specifies that if a conviction was for a violent felony involving the threatened or actual use of a firearm or explosives, or was for a serious drug offense, such person shall be considered convicted for purposes of this Act irrespective of any pardon, setting aside, expunction, or restoration of civil rights. Permits the judicial officer to consider pretrial detention with respect to certain firearms and explosives offenses. Provides for enhanced penalties for: (1) the use of a semiautomatic firearm during a crime of violence or drug trafficking offense, with exceptions; and (2) possession of a firearm or explosive during the commission of such offenses. Sets forth penalties for smuggling firearms in aid of drug trafficking and for theft of firearms and explosives. Bars the sale or possession of firearms and explosives to or by persons convicted of violent or serious misdemeanor drug or narcotic offenses. Provides for the mandatory revocation of the supervised release of an individual for possession of a firearm. Increases penalties for: (1) making knowingly false, material statements in connection with the acquisition of a firearm from a licensed dealer; and (2) a second offense of using an explosive to commit a Federal felony. Prohibits the assembly of semiautomatic rifles or shotguns which are prohibited from being imported into the United States, with exceptions. Title II: Capital Punishment - Capital Punishment Procedures Act of 1989 - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits evidence to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Sets forth special aggravating factors for espionage, treason, homicide, and the attempted murder of the President. Directs the court, or the jury by unanimous vote, to impose the death penalty upon a finding that such sentence is justified based on consideration of both the aggravating and mitigating factors. States that no person who was under 18 years of age at the time of the offense may be sentenced to death. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant or victim in its consideration of the sentence. Establishes procedures for appeal from a death sentence. Requires the court of appeals, upon consideration of the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under the influence of passion, prejudice, or any other arbitrary factor; and (2) the information supports the finding of aggravating factors. Requires the court to provide a written explanation of its determination. Sets forth procedures for the implementation of the sentence of death. Limits the circumstances under which the offense of delivering defense information to aid foreign governments is punishable by death. Provides for the imposition of the death penalty for: (1) murder committed by prisoners in Federal prisons; (2) kidnappings which result in the death of any person; (3) hostage takings which result in the death of any person; (4) attempting to kill the President of the United States (if such attempt results in bodily injury or comes dangerously close to causing the President's death); (5) "murder for hire"; (6) murder in the aid of a racketeering activity; (7) international terrorism (where the killing is a first-degree murder); and (8) engaging in a criminal enterprise activity which results in death. Increases the minimum sentence to life imprisonment for the crime of bank robbery which results in death. Provides for appointment of counsel where a defendant is charged with a crime with respect to which a sentence of death is sought and is or becomes financially unable to obtain adequate representation. Title III: Prohibited Gun Clips and Magazines - Includes ammunition feeding devices (AFDs) within the definition of firearms for purposes of Federal firearms laws. Defines an AFD to include any detachable magazine, feed strip, or similar device which has a capacity of, or which can be readily converted to accept, more than 15 rounds of ammunition, with exceptions. Prohibits the importation, manufacture, transfer, receipt, or possession of AFDs, with exceptions. Requires the Secretary of the Treasury to maintain a central registry of all such devices transferred after the effective date of this Act which, after such transfer, are not under the control of the United States or any State or political subdivision. Specifies that such registry shall include: (1) identification of the device; (2) date of registration; (3) identification and address of the person entitled to possess the device; and (4) such other information as may be required by regulations promulgated by the Secretary. Establishes additional registration procedures. Requires all AFDs to be identified by a serial number and such other identification as the Secretary may prescribe. Provides for criminal penalties for violation of provisions of this Act relative to AFDs. Authorizes specified individuals engaged in the manufacture or importation of AFDs requiring a license to continue to engage in such business pending final action on the application. Title IV: Drug Testing of Defendants on Post-Conviction Release - Requires: (1) the Director of the Administrative Office of the U.S. Courts to establish a program of drug testing of criminal defendants on post-conviction release; and (2) the chief probation officer in each district to arrange for the drug testing of such defendants. Requires, as an explicit condition of probation, parole, or supervised release of a defendant involving a felony or a specified violent or drug offense, that the defendant refrain from any unlawful use of a controlled substance and submit to periodic drug tests. Sets limitations on the authority to require such tests and to take action against a defendant based on test results. Title V: Exclusionary Rule - Exclusionary Rule Reform Act of 1989 - Amends the Federal criminal code to provide that evidence obtained by a search or seizure undertaken in an objectively reasonable belief that it was in conformity with the fourth amendment to the U.S. Constitution is admissible. States that evidence obtained pursuant to and within the scope of a warrant constitutes prima facie evidence of such a reasonable belief. States that, except as provided by statute or a rule of procedure prescribed by the Supreme Court pursuant to statutory authority, evidence which is otherwise admissible shall not be excluded on the ground that the evidence was obtained in violation of a law, rule, or regulation. Title VI: Habeas Corpus Reform - Reform of Federal Intervention in State Proceedings Act of 1989 - Amends the Federal judicial code to condition consideration of a habeas corpus claim by a prisoner on a showing of actual prejudice resulting from the Federal right violated and that: (1) State or Federal Government action precluded assertion of that right; (2) the Federal right did not previously exist; (3) the factual basis of the claim could not have been discovered by reasonable diligence; or (4) the violation asserted probably resulted in an erroneous conviction, a sentence predicated on an erroneous conviction, or a sentence predicated on an erroneous factual determination. Establishes a one-year statute of limitations for habeas corpus actions brought by State prisoners and a two-year statute of limitations for similar motions made by Federal prisoners. Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. Prohibits the granting of a habeas corpus writ with respect to any claim which has been fully and fairly adjudicated in State proceedings. Provides for appointment of counsel for a petitioner who is or becomes financially unable to afford counsel at the court's discretion, with exceptions. Title VII: 1990 Fiscal Year Authorization - Authorizes appropriations for FY 1990 to the Department of Justice for: (1) general administration; (2) the Office of Inspector General; (3) the United States Parole Commission; (4) general legal activities; (5) the Antitrust Division; (6) the Foreign Claims Settlement Commission; (7) United States Attorneys; (8) the United States Marshals Service; (9) the support of United States prisoners in non-Federal institutions; (10) fees and expenses of witnesses; (11) the Community Relations Service; (12) the United States Trustees System Fund; (13) the Assets Forfeiture Fund; (14) organized crime drug enforcement; (15) the Federal Bureau of Investigation; (16) the Drug Enforcement Administration; (17) the Immigration and Naturalization Service; (18) the Federal Prison System; and (19) Office of Justice Programs.
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
Pornography Victims' Compensation Act of 1989 - Creates a cause of action against a producer, distributor, exhibitor, or seller of sexually explicit material by a victim of a rape, sexual assault, or sexual crime, or by the estate, guardian, or survivors of any such victim. Conditions the recovery of damages on proof by a preponderance of the evidence that: (1) the victim was a victim of a rape, sexual assault, or a sexual crime; (2) the material is sexually explicit and was a proximate cause of the offense; and (3) the defendant is a producer or distributor of the material or exhibited or sold it to the sexual offender and should have known that the material was sexually explicit. Sets forth criteria by which the finder of fact may reasonably infer that such material was a proximate cause of the offense, including unusual similarities between the acts depicted and the actual offense, testimony of the offender, and testimony of experts who have examined the offender that such material influenced or incited the commission of the offense. Lists additional factors to be considered by the finder of fact, including: (1) possession by the offender of material produced, distributed, exhibited, or sold by the defendant; (2) whether such material depicts violent behavior or children participating in sexual activity; and (3) whether anything contained in such material would tend to promote violent sexual acts or the sexual abuse of children. Authorizes the award of damages for economic loss, compensation for pain and suffering, reasonable attorney's fees, and costs to prevailing plaintiffs. Sets a statute of limitations of six years from the date the right of action first accrued or, in the case of a legal disability, not later than three years after the termination of such disability. Authorizes injunctive relief to enjoin the production, distribution, exhibition, or sale of any such material found to have influenced or incited the sexual offender to commit the offense. Sets forth additional requirements for the granting of injunctive relief.
United States · United States Congress · 22 June 1989
Designates 1990 as the International Year of Bible Reading.
United States · United States Congress · 22 June 1989
Designates the period of September 16 through October 9, 1989, as Coastweeks '89, recognizing the importance of coastal zones. Designates September 16, 1989, as National Estuaries Day and September 23, 1989, as National Beach Cleanup Day.
United States · United States Congress · 22 June 1989
Constitutional Amendment - Declares that the Congress shall have the power to protect the integrity and dignity of the U.S. flag.
United States · United States Congress · 22 June 1989
Constitutional Amendment - Declares that the Congress and the States have the power to prohibit the desecrating, mutilating, defacing, defiling, or burning of the U.S. flag.
United States · United States Congress · 22 June 1989
Declares that the Senate: (1) expresses its disappointment that the Texas statute prohibiting the desecration of the flag was found to be unconstitutional; (2) expresses its commitment to preserving the honor and integrity of the flag; (3) intends to make a study of the impact of the Supreme Court decision on Federal and State laws and to seek ways to restore sanctions against such conduct; and (4) urges the American people to continue to display proudly the American flag.
United States · United States Congress · 21 June 1989
Establishes a rebuttable presumption of eligibility for U.S. asylum for certain nationals (including students and teachers) of the People's Republic of China.
United States · United States Congress · 21 June 1989
Live Performing Arts Labor Relations Amendments - Amends the National Labor Relations Act to exclude specified types of employers and performers in the live performing arts from coverage under unfair labor practice provisions: (1) prohibiting specified contracts or agreements between employers and labor organizations; and (2) prohibiting specified actions of labor organizations to force or require cessation of dealings with others, joining of labor or employer organizations, or recognition of or negotiation with labor organizations not certified as representative. Permits such employers to: (1) agree with a labor organization to make membership in it a condition of performing arts employment; and (2) make agreements with a labor organization covering performing artists even if its majority status has not yet been established. Defines "employer" to include purchasers of live musical performance services. Defines "employee" to include independent contractors engaged to perform live musical services.
United States · United States Congress · 21 June 1989
Designates October 22 through October 28, 1989, and October 21 through October 27, 1990, as National Adult Immunization Awareness Week.
United States · United States Congress · 20 June 1989
Designates April 22, 1990, as Earth Day for public activities that promote global environmental preservation.
United States · United States Congress · 15 June 1989
Drug Dependent Offender Rehabilitation Act of 1989 - Authorizes appropriations to the Federal Prison System for FY 1990 through 1992 for substance abuse treatment services, including the hiring and training of staff and intensive supervision of drug dependent offenders while they are on parole or supervised release. Requires the Bureau of Prisons to separate drug dependent offenders undergoing treatment from the general prison population and avoid returning such offenders to the general prison population after the completion of the treatment program. Authorizes the sentencing court to modify the term of imprisonment of a qualified drug dependent offender by reducing the period of incarceration by not more than one year and imposing a one year period of supervised release, or extending such release by one year if already imposed. Sets forth criteria by which to qualify for such early supervised release, based on the period of incarceration, the charge for which the offender has been convicted, the sentence, successful completion of an approved substance abuse treatment program, and the approval of the sentencing judge (acting upon the recommendation of the administrator of such treatment program). Sets conditions for supervised release, including: (1) intensive counseling and supervision at a half-way house for six months after release; and (2) submitting to periodic urine drug testing, regularly attending support group meetings, and participation in an outpatient substance abuse counseling program for one year after release. Specifies circumstances for revocation of release based on testing positive for illegal use of a controlled substance. Establishes requirements for urine drug testing, including chain of custody procedures, procedures for reconfirmation of an initially positive testing using gas chromatography or equally accurate techniques, and recordkeeping and confidentiality provisions.
United States · United States Congress · 15 June 1989
Designates June 16, 1989, as Soweto Remembrance Day. Encourages Americans to participate in local activities designed to commemorate the victims of Soweto and to show solidarity with those who are fighting to end apartheid.
United States · United States Congress · 14 June 1989
Marine Protection Act of 1989 - Title I: Water Quality Protection Programs - Amends the Federal Water Pollution Control Act to require the Administrator of the Environmental Protection Agency, within 18 months of this Act's enactment and biennially thereafter, to designate all estuaries and coastal waters which are experiencing a general degradation of environmental conditions and do not support a balanced, indigenous population of fish and wildlife or allow for recreational activities in and on the water. Outlines elements to be considered in making such designations and requires the Administrator to conduct studies, research, and assessments, as necessary. Directs the Administrator to consider designations of specific estuaries and waterbodies. (All are currently listed as priority considerations under the Federal Water Pollution Control Act, with the exception of Casco Bay, Maine.) Authorizes the Governor of any State to nominate to the Administrator an estuary or coastal waterbody within such State for designation. Requires the Chesapeake Bay to be treated as a designated coastal waterbody pursuant to this Act. Directs the Administrator or, under certain circumstances, an approved State to: (1) exercise authorities concerning discharges to coastal waters and a prohibition on discharges of sewage from vessels pursuant to the Federal Water Pollution Control Act; (2) issue permits for industrial and municipal discharges of storm water to such waters; (3) consider prohibiting the specification of a designated area as a disposal site; (4) require public treatment works discharging to such waters to develop and enforce facility specific programs for the pretreatment of industrial wastes; and (5) conduct an assessment and prepare a management program for the watershed of a designated waterbody for States without approved programs. Applies such requirements to estuaries and coastal waterbodies designated after January 1, 1989. Makes technical amendments to provisions concerning management conferences, grants, and reporting requirements for the National Estuary Program. Authorizes the Administrator to require any person whose alleged activities cause or contribute to pollution to file a report concerning pollution prevention or reduction practices with the Administrator. Authorizes appropriations for FY 1990 through 1993. Requires penalties paid as a result of enforcement actions for violations of this Act to be deposited into the Estuaries Protection Fund. Directs the Administrator, in the case of any waterbody designated after January 1, 1989, to issue or renew a permit only if the applicant demonstrates: (1) a need to discharge to the designated waterbody based on a showing of the full utilization of waste minimization practices and the lack of alternative disposal options; and (2) that a proposed new discharge or an increase in volume or toxicity of an existing discharge will be offset by a decrease in other discharges and result in no net increase in pollutant loading to the waterbody. Applies such requirements to all new and existing discharges (except for existing discharges composed entirely of storm water). Authorizes the Administrator to modify such requirements, with respect to existing dischargers, if the owner or operator of a point source shows that such requirements will: (1) represent the maximum use of technology within the economic capability of the owner or operator; and (2) result in reasonable further progress toward the elimination of the discharge of pollutants. Requires applicants for Federal flood insurance for activities which may result in discharges or pollution to navigable waters to certify that such discharges will comply with applicable provisions of the Federal Water Pollution Control Act. Directs the Administrator to: (1) establish a national registry of coastal land; and (2) list such land in the registry based on submission of a completed application by the property owner. Provides that inclusion of land in the registry shall be at the sole discretion of the land owner. Directs the Administrator to operate a program to provide registrants of coastal land with informational and educational materials concerning: (1) land management and related practices to prevent water pollution and protect habitat; (2) activities and measures to protect aquatic life, wildlife, and significant natural features of land or natural resources; (3) the activities of Federal, State, and local agencies to protect coastal waters; and (4) the various requirements of Federal and State laws concerning land management, discharges to water, and other related activities. Permits the Administrator, at the request of a State Governor, to delegate operation of such program to a State agency. Requires the Administrator to publish periodically a National Coastal Registry document summarizing the listed land and to provide a copy to any applicant. Authorizes local public agencies or organizations, beginning on August 4, 1989, to take actions to implement a State management program for coastal waters without the State's approval if such State has failed to submit an approved program. Includes within the list of programs to receive priority consideration for grant assistance programs to control nonpoint source pollution of designated waters. Requires the Administrator to prohibit the discharge from a vessel of sewage into any designated waterbody. Directs the Administrator to: (1) study the availability of adequate facilities for the safe and sanitary removal and treatment of sewage from vessels operating on coastal waters; and (2) report and make recommendations to the Congress on such study to assure that such facilities are reasonably available. Requires States in which a municipality discharges overflows from combined storm water and sanitary sewers into coastal waters to submit biennially to the Administrator an inventory of such discharges which shall: (1) identify the location of each discharge and the affected waterbody; (2) identify the municipal entity responsible for the discharge; (3) identify the estimated volume and pollutant loading of the discharge over a one-year period; (4) assess the proportion of the volume of the combined discharge to the volume capacity of the appropriate treatment works over a specified time period; (5) assess the potential to eliminate the discharge through flow reduction methods; and (6) identify the nature and status of any existing programs to eliminate discharges. Directs such municipalities to submit to the Administrator a program for the elimination of such discharges. Outlines program requirements and procedures for approval and modification. Makes municipalities which fail to implement such programs subject to penalties. Directs the Administrator to modify or issue permits for discharges of combined storm water and sanitary sewers by such municipalities to set forth a schedule for treatment. Requires the Administrator to publish guidance describing best management practices and other measures for the elimination of combined storm water and sanitary sewer overflows. Provides for the establishment of a water pollution control revolving fund for States which implement a combined storm water and sanitary sewer elimination program. Requires certain assistance to be provided only for development of such programs. Directs the Administrator, in allocating such assistance, to give priority to municipalities discharging into coastal waters. Limits the amount of Federal funding for such programs to 75 percent of the total cost of a project. Directs the Administrator to promulgate numeric coastal water and sediment quality standards for pollutants for which certain criteria have been published under the Federal Water Pollution Control Act. Authorizes any person to petition the Administrator for the development of additional criteria. Provides that State standards shall take precedence over Federal standards, unless the Federal standard pursuant to this Act is more stringent or protective of human health and the environment. Authorizes State Governors to petition the Administrator for lower numerical standards if proven that such standards will assure an equal degree of protection of human health and the environment and are appropriate because of significant differences in the biological, physical, and chemical characteristics of the waters in question and U.S. coastal waters. Permits the Administrator to comply with requirements to establish sediment quality standards by establishing a scientific method, to be approved by the EPA Science Advisory Board, to convert numerical water quality standards to numerical sediment quality standards. Prohibits the issuance of permits for discharges into the territorial sea, the waters of the contiguous zone, the oceans, or coastal waters if the Administrator determines that a discharge will: (1) prevent the protection and propagation of a balanced, indigenous population of fish and wildlife and will not provide for recreation in and on the water; or (2) prevent the attainment of standards established pursuant to this Act. Deems regulations creating exemptions to ocean discharge requirements to be invalid. Title II: Marine Sediment Contamination - Requires the Administrator to provide that criteria for any pollutant address coastal sediment to an extent adequate for the development of sediment standards. Amends the Marine Protection, Research, and Sanctuaries Act to set forth permit requirements for contaminated dredge material. Directs the Administrator to publish a description of best management practices for the dredging, transport, and disposal of contaminated dredge material. Prohibits the issuance of a general permit for such material. Permits States to adopt criteria and regulations relating to ocean dumping if such criteria and regulations are more stringent and protective of waters than those issued pursuant to such Act. Directs the Administrator to develop and implement site management plans for designated ocean dumping sites. Provides for: (1) the review and redesignation, if necessary, of such sites every five years; and (2) public comment on such designations. Revises general permit provisions for ocean dumping. Limits general permits to a period of two years. Directs the Administrator to revise guidelines to require permit applicants to dispose of dredge or fill material in coastal waters to establish whether such material contains pollutants in excess of concentrations established in sediment standards. Directs the Secretary of the Army to deny any such permit if such material is contaminated and the disposal site is located within an area designated as a priority estuary or coastal waterbody pursuant to this Act. Title III: Other Provisions - Requires the Administrator to report to the Congress on the extent and seriousness of airborne disposition of contaminants in coastal waters. Directs the Administrator to: (1) conduct research and monitoring, as necessary, to identify currently unregulated pollutants in the estuarine zone and coastal waters not addressed under the Federal Water Pollution Control Act; and (2) report and provide a plan to the Congress for controls of such pollutants. Requires the Administrator to report to the Congress on the potential use of microorganisms to degrade organic materials or chemical pollutants in municipal or industrial wastes both before and after disposal in the marine environment.
United States · United States Congress · 14 June 1989
Comprehensive Ocean Assessment and Strategy (Coast) Act of 1989 - Directs the Administrator of the Environmental Protection Agency (EPA) to designate marine areas which are in need of protection. Sets forth criteria to be considered in such designations, including: (1) the status and effects of pollutants and floatables found in the water and marine resources; (2) loss of coastal habitat; and (3) anticipated increases in pollutants and floatables in the area. Requires the Administrator to designate as a marine area in need of protection: (1) any area of the marine environment for which a State's most recent Water Quality Inventory, prepared pursuant to the Federal Water Pollution Control Act, reported that the waters did not meet water, sediment, and living marine resource biological quality standards; (2) any estuary for which a management conference has been convened pursuant to the National Estuary Program. Directs the Administrator, in designating any area, to: (1) specify the reason for, and sources of, pollution resulting in the designation; and (2) submit to the Congress an analysis of each designated area which assesses trends, identifies research and monitoring needs, and describes actions and strategies. Amends the Federal Water Pollution Control Act to require States to submit to the Administrator individual management strategies for designated areas. Requires such strategies to include water quality effluent limitations, nonpoint source management, and monitoring programs for permittees. Directs the Administrator to develop plans for States that fail to do so. Requires the Administrator to convene management conferences for estuaries which are designated as marine protection areas and are located in more than one State. Directs the Administrator to submit to the Congress a Marine Environment Toxics Release Inventory Assessment and Strategy to: (1) analyze industrial categories of sources and receiving waters of toxic discharges into the marine environment and into publicly owned treatment works which discharge into such environment; and (2) identify sources which discharge the greatest amount of toxic chemicals on the Inventory, and the greatest amount of the most toxic chemical; and (3) identify the geographical areas receiving the greatest amount of discharges from such chemicals. Provides that the Strategy shall contain the Administrator's plan for using Assessment information to improve the EPA's marine environment programs. Includes criteria for marine water, sediment, and resource biological quality within criteria required to be published for water quality standards under the Federal Water Pollution Control Act. Directs the Administrator to: (1) submit a schedule for the development of such criteria to specified congressional committees; and (2) develop or revise criteria for specified pollutants. Requires States to establish numerical standards for pollutants to prevent degradation of the marine environment. Directs the Administrator to establish such standards for States which fail to do so. Prohibits the issuance of permits for discharges into the marine environment if found that such discharges can be expected to result in the degradation of the environment or are likely to prevent the attainment of standards pursuant to this Act. Requires the Administrator to revise guidelines for determining degradation of waters. Includes within the list of programs to receive priority consideration for grant assistance programs to control nonpoint source pollution of waters designated under this Act. Directs the Administrator to: (1) provide technical assistance to the Secretary of Agriculture in utilizing the Secretary's authorities to reduce cropland sources of nonpoint source pollution of the marine environment; (2) identify those lands which, if enrolled in the Conservation Reserve Program, would contribute to protection of water quality and the marine environment by reducing such pollution; and (3) furnish a list of such lands to the Secretary for establishing priorities for expenditures under the Program. Requires the Secretary to provide the Administrator with actions in response to such list. Directs the Administrator to: (1) publish regulations to eliminate marine combined sewer overflows; and (2) publish guidance on additional measures to bring such overflows into compliance with this Act. Requires such guidance to identify monitoring standards designed to characterize and evaluate water quality impacts of discharges and determine compliance with permit requirements. Directs States with such overflows to submit biennially to the Administrator an inventory of discharges which shall: (1) identify the location of each discharge and the receiving waterbody; (2) identify the entities which operate the overflow system; and (3) determine whether each discharge point is permitted and in compliance with this Act. Requires permitting authorities to: (1) establish a schedule to bring each discharge point into compliance with this Act; and (2) establish priorities for issuing permits and controlling discharges. Directs municipalities or publicy owned treatment works to submit to the Administrator or, under certain circumstances, a State a permit program for the elimination of such discharges. Outlines program requirements and approval procedures. Makes owners or operators of sewer operators without permits subject to penalties. Directs the Administrator or a State, when determined that a publicly owned treatment works discharges toxic pollutants contributing to the degradation of the marine environment or in violation of marine water, sediment, or resource standards, to require the treatment works to establish or revise a pretreatment program to eliminate pollutants contributing to such degradation. Requires the Administrator to: (1) develop and test guidelines for treatment works to identify the sources of toxics in waste waters; and (2) establish a data base of identified sources. Directs the Administrator and the Under Secretary of Commerce for Oceans and Atmosphere to: (1) implement a joint program of research and monitoring to determine the effects of atmospheric pollutants on degradation of the marine environment; and (2) report biennially to specified congressional committees on such program. Requires the Administrator to: (1) establish a nationwide system for monitoring and quantifying the accumulation of floatables along coastal shorelines and waterways and the costs of cleanup of floatables; and (2) report annually to the Congress on such program. Directs the Administrator to promulgate protocols for monitoring water, sediments, and living marine resources in the marine environment. Provides for the use of whole effluent biological toxicity testing in such monitoring. Directs the Under Secretary to study the nature of any relationship between contact with pollutants in the marine environment and shellfish consumption with the incidence of human illnesses. Requires the Administrator to report to specified congressional committees on such study. Directs the Under Secretary to study and report to the Congress on: (1) a quantification of economic impacts caused by marine degradation; and (2) the impact that enhanced nitrogen levels in the marine environment may have on stimulating toxic algal blooms. Requires the Under Secretary to establish a Marine Environment Information Center to compile, analyze, and disseminate information on marine degradation and protection. Directs the Administrator and the Under Secretary to study and report to the Congress on activities of Federal agencies that may result in degradation of the marine environment, along with recommendations to reduce such degradation. Requires Federal agencies to take actions to minimize such degradation and to evaluate the potential effects of any actions on the marine environment. Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to require fines under the Federal criminal code (currently, fines up to $50,000) or imprisonment of up to five (currently, one) years, or both, for ocean dumping violations. Authorizes appropriations. Limits the amount of grants to any State for the implementation of management strategies under this Act to 50 percent of the total cost of the program. Amends the Federal Water Pollution Control Act to provide for the establishment of a water pollution control revolving fund for States for implementing management strategies under this Act and marine combined sewer overflow correction programs. Requires certain assistance to be used only for implementation of approved marine combined sewer overflow elimination permits. Directs the Administrator to give priority for assistance to municipalities discharging into marine areas designated under this Act. Limits such grants to 50 percent of the total cost of a project.
United States · United States Congress · 14 June 1989
Allows the obsolete destroyer U.S.S. Edson to be transferred to the Intrepid Sea-Air-Space Museum in New York before the expiration of the otherwise applicable congressional review period.
United States · United States Congress · 13 June 1989
Designates June 23, 1989, as United States Coast Guard Auxiliary Day. Authorizes the President to: (1) issue a proclamation commemorating the 50 years of Coast Guard volunteer service to enhance the safety of water-related activities; and (2) call for the observation of such day with appropriate ceremonies, educational activities, and boating safety achievement programs.