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Official portrait of Sen. Durenberger, Dave [R-MN]

Sen. Durenberger, Dave [R-MN]

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3,436 records where Sen. Durenberger, Dave [R-MN] is listed as a sponsor, author, or other actor. Search with topics and years

Bill· SS. 1530 (101st)open

A bill to provide for the establishment of a program that shall facilitate, on a voluntary request basis, the reunion of birth parents and adopted individuals , birth siblings, or birth grandparents of adopted individuals, through a centralized computer network.

United States · United States Congress · 4 August 1989

Authorizes the Secretary of Health and Human Services to establish a National Voluntary Reunion Registry within the Department of Health and Human Services under the direction of the Secretary's designee. Provides that the Registry shall facilitate, on a voluntary mutual request basis, the reunion of birth parents and adopted persons, and birth siblings or birth grandparents of adopted persons, through a centralized computer network. Directs the Secretary to report annually to the Congress on activities under this Act. Sets forth provisions for participation in the Registry and initiation of the matching process. Directs the Secretary to establish procedures to protect the confidentiality and privacy rights and interests of all participants. Provides for the collection of reasonable fees for Registry services. Allows the Registry to include similar State systems under specified conditions. Subjects individuals or entities found to have disclosed or used confidential information in violation of this Act to fines and imprisonment. Authorizes the Secretary to promulgate regulations that require the Registry to include referral to existing programs that provide counseling services. Requires, if the Secretary promulgates such regulations, that applicants to the Registry receive a referral list of licensed agencies, professionals, and adoption triad support groups that provide counseling services. Allows such services to include adoption peer support groups, community special service agencies, health professionals, and agencies providing family counseling. Directs the Secretary to issue interim and final regulations within specified periods. Authorizes appropriations to carry out this Act for FY 1989 through 1991.

Bill· SS. 1537 (101st)referred

Intergovernmental Regulatory Relief Act of 1989

United States · United States Congress · 4 August 1989

Intergovernmental Regulatory Relief Act of 1989 - Title I: Review of Intergovernmental Regulations - Requires the President, within 30 days after submitting the annual Federal budget, to submit to the Congress a report specifying and evaluating the economic costs, noneconomic costs, and additional direct costs to State and local governments of complying with intergovernmental regulations during the most recently completed fiscal year, the fiscal year in progress, and the next two fiscal years. Specifies the contents of such report, which include: (1) an estimate of the economic and noneconomic benefits that will be provided to each State government and all local governments in such State as a result of compliance with each such regulation during each fiscal year; and (2) proposals for legislation and administrative actions to change regulations in order to reduce compliance costs or to achieve a more favorable balance between costs incurred and benefits received. Directs the President to consider the potential for reducing State and local compliance costs by promulgating intergovernmental regulations using means such as performance standards, special provisions for small governments, marketable rights, economic incentives, compliance reforms, and simplified procedures to certify the compliance of Federal assistance recipients with Federal requirements. Authorizes the President to delegate the responsibility of preparing such report to the Director of the Office of Management and Budget or the head of any other Federal agency. Directs the responsible official to prescribe standards to be used by agencies in estimating the compliance costs and benefits of intergovernmental regulations. Directs each agency to furnish such official with the information required in such report for the regulations administered by such agency. Title II: Compensation of State and Local Governments for Additional Direct Costs - Prohibits any Federal agency or U.S. court from requiring State or local governments, in any fiscal year, to comply with any intergovernmental regulation which takes effect on or after enactment of this Act and which is promulgated pursuant to a significant law, unless sufficient funds have been provided to reimburse such governments for the total amount of additional direct costs such governments will incur in complying with such regulation in such fiscal year as estimated by the Congressional Budget Office (CBO). Declares that a Federal agency or U.S. court may require such compliance in any fiscal year in which the Congress passes a joint resolution which waives the requirement for reimbursement of direct costs. Requires the Director of CBO to transmit to the President and the Congress by September 1 of each year a report specifying an estimate of the total amount of additional direct costs that will be incurred in the upcoming fiscal year and next succeeding fiscal year by State and local governments in complying with each intergovernmental regulation promulgated pursuant to a significant law. Directs the chairmen of the congressional committees having jurisdiction over any significant law under which an intergovernmental regulation is promulgated to propose, to a bill providing funds for each fiscal year in which such regulation will be in effect, an amendment to appropriate funds to reimburse State and local governments for the total amount or applicable percentage of additional direct costs they will incur in complying with such regulation. Sets forth the procedures for reimbursements of such additional direct costs by Federal agencies to States and by the States to local governments. Title III: Miscellaneous - Amends the Congressional Budget Act of 1974 to require the Congressional Budget Office to submit an estimate of the annual cost to State and local governments of implementing or complying with Federal legislation to the congressional committee reporting such legislation if such cost is likely to exceed $100,000,000 (currently, $200,000,000) annually.

Resolution· SCONRESS.Con.Res. 60 (101st)open

A concurrent resolution expressing the sense of the United States Senate that the Soviet Union should release the prison records of Raoul Wallenberg and account for his whereabouts.

United States · United States Congress · 4 August 1989

Requests: (1) the Soviet Union to release the prison records of Raoul Wallenberg and account for his whereabouts; and (2) the President to pursue such release and accounting through diplomatic actions with the Soviet Union.

Bill· SS. 1490 (101st)open

Clean Air Act Amendments of 1989

United States · United States Congress · 3 August 1989

Clean Air Act Amendments of 1989 - Title I: Provisions for Attainment and Maintenance of National Ambient Air Quality Standards - Amends the Clean Air Act to authorize the Administrator of the Environmental Protection Agency (EPA), after promulgating a new or revised national ambient air quality standard, to require States to submit air quality implementation plans. Requires State Governors to designate areas within a State as nonattainment, attainment, or unclassifiable, with regard to air quality standards, and to submit such designations to the Administrator. Authorizes the Administrator to modify such designations, as necessary. Designates areas currently required to be listed under the Clean Air Act as nonattainment, attainment, or unclassifiable areas, as specified. Provides for the redesignation of areas, as appropriate. Prohibits the redesignation of any area from nonattainment to unclassifiable. Directs State Governors to submit to the Administrator a list of areas designated or redesignated as carbon monoxide and ozone attainment, nonattainment, and unclassifiable areas. Designates: (1) areas identified (in 52 Federal Register 29383) as Group I areas as particulate matter 10 (PM-10) nonattainment areas; (2) counties containing sites for which air quality monitoring data show a violation of national air quality standards for PM-10 before 1989 as PM-10 nonattainment areas; and (3) areas not meeting either description as PM-10 unclassifiable areas. Authorizes the Administrator to require States to designate areas with respect to the national air quality standard for lead. Permits the Administrator, with respect to attainment or unclassifiable areas, to require States to submit implementation plans that provide for the maintenance of such standards. Makes technical amendments to provisions concerning plan requirements. Sets forth provisions for plan approval and revisions. Requires plans to provide for attainment of national air quality standards in nonattainment areas within three years of this Act's enactment or within five years of a finding of substantial inadequacy. Retains a moratorium on construction or modification of major stationary sources in certain areas until such areas meet applicable requirements concerning permit programs or attainment standards for sulfur oxides. Repeals provisions concerning: (1) extensions of time for plan submissions and attainment dates; (2) requirements concerning parking surcharges and transportation regulations; and (3) suspensions of certain plan requirements. Requires the Administrator to publish a triennial (currently, annual) document which sets forth applicable requirements of the implementation plan for each State. Revises provisions concerning stack heights to require such heights to equal the height prescribed by the Administrator (currently, the height shall not exceed two and a half times the height of the source), unless the owner or operator demonstrates the need for the greater height and such source has met applicable emissions standards. Sets the date of attainment of national air quality standards for a nonattainment area at five years from the date such area was designated. Authorizes the Administrator to extend such attainment date, provided that such extension does not exceed 20 years and that no more than two extensions are granted to a single area. Requires States to submit nonattainment plans within three years of the designation of an area. Makes technical amendments to provisions concerning nonattainment plan requirements. Authorizes the issuance of a permit to construct or operate a new source if demonstrated that the benefits of such source significantly outweigh environmental and social costs. Prohibits the use of existing growth allowances in areas which are notified that implementation plans containing such allowances are substantially inadequate. Requires States containing ozone or carbon monoxide nonattainment areas, together with local officials of such areas, to review and update, as necessary, planning procedures for such areas. Authorizes States, in the case of areas included in more than one State, to implement jointly such planning procedures. Provides that maintenance plans required as preconditions to area redesignations shall provide for maintenance of air quality standards for at least ten years after a redesignation petition is submitted to the Administrator. Authorizes the Administrator, whenever it is determined that the interstate transport of air pollutants from one or more States contributes significantly to a violation of an air quality standard in such States, to establish a transport region for such pollutants within such States. Requires the Administrator to establish a transport commission for each such region to: (1) assess the degree of interstate transport of the pollutant or precursors to the pollutant throughout the transport region; (2) assess strategies for mitigating the interstate pollution; and (3) recommend to the Administrator such measures as may be necessary to ensure that State plans meet requirements of this Act. Permits such commissions to request the Administrator to issue a finding that one or more of the States in a transport region have inadequate implementation plans. Applies program cost limitations for interstate air quality agencies to such commissions. Imposes the following sanctions on States which fail to comply with requirements concerning nonattainment areas: (1) a moratorium on the construction or modification of any major stationary source of the relevant pollutants in the nonattainment area, or with respect to ozone, the nonattainment area and the area within 25 miles of the nonattainment area; (2) restrictions on Department of Transportation assistance to such areas; (3) restrictions on the provision of new drinking water service in such areas; or (4) a withholding of all or part of assistance for air pollution planning and control. Requires States which fail to attain air quality standards by the required attainment date to submit plan revisions. Prohibits the construction or modification of any major stationary source of a pollutant in a nonattainment area after 1992 or 42 months after the designation of such area, whichever is later, unless the Administrator has approved a plan submission for such area. Authorizes the Administrator to promulgate a Federal implementation plan if any State fails to make a required submission or such submission is not approved. Classifies ozone nonattainment areas as Marginal, Moderate, Serious, and Severe, based upon the amount by which the air quality standard is exceeded in the area. Authorizes the Administrator to adjust the classification of areas which would be classified in another area if the ozone level were five percent greater or less. Prohibits more than two one-year attainment extensions from being issued for a single nonattainment area. Sets forth the following attainment dates: (1) December 31, 1995, for Marginal and Moderate areas; (2) December 31, 2000, for Serious areas; and (3) December 31, 2010, for Severe areas. Provides for the reclassification of areas which fail to meet required standards. Requires States in which Marginal areas are located to submit to the Administrator a current inventory of actual emissions from all sources. Directs such States to submit plan revisions to require: (1) correction requirements for available control technology; (2) a vehicle inspection and maintenance program; (3) permits for the construction and operation of new or modified stationary sources; (4) triennial inventories; and (5) emissions statements from owners or operators of stationary sources of oxides of nitrogen or volatile organic compounds (VOCs). Waives requirements for the submission of triennial inventories for sources which emit less than 25 tons annually of nitrogen oxides or VOCs if the State provides an emissions inventory for such sources to the Administrator. Requires States in which Moderate areas are located to submit plan revisions which provide for emission reductions, by December 31, 1995, of at least 15 percent from baseline emissions. Prohibits the following measures from being credited to the 15 percent reduction: (1) measures relating to motor vehicle tailpipe or evaporative emissions promulgated by the Administrator; (2) regulations concerning Reid Vapor Pressure promulgated by the Administrator; (3) measures concerning required corrections to implementation plans; and (4) measures concerning motor vehicle inspection and maintenance. Provides that plan revisions shall require: (1) the implementation of reasonably available control technology with respect to all VOC sources covered by a Control Techniques Guideline document and all sources with the potential to emit at least 100 tons annually of VOCs; and (2) owners and operators of gasoline dispensing systems to install and operate systems for gasoline vapor recovery of emissions from the fueling of motor vehicles. Sets forth deadlines for the installation of such systems. Requires States in which Serious areas are located to submit the same plan revisions as those applicable to Moderate areas. Directs such States, by December 31, 1995, to submit revisions to provide for: (1) the attainment of the ozone air quality standard by the applicable attainment date; and (2) certain VOC emissions reductions from the baseline emissions averaged over three-year periods, beginning in 1996. Sets forth provisions concerning creditable emissions reductions. Permits such revisions to provide for combined VOC and nitrogen oxide emissions reductions (in lieu of sole VOC reductions) that would result in reductions equivalent to those required for VOC emissions from the baseline level. Requires such States to revise plans to provide for programs to reduce hydrocarbon emissions from in-use motor vehicles in urbanized nonattainment areas with populations over 200,000. Sets forth minimum requirements for such programs, including waiver and enforcement provisions. Requires States containing certain Serious or Severe areas with populations over 250,000 to submit plan revisions to ensure the implementation of clean-fuel vehicle programs, including measures to make the use of clean alternative fuels economical for owners. Permits the Administrator to approve substitutes for such programs if such substitutes will achieve equivalent reductions of ozone-producing emissions. Requires States with Serious areas in which the levels of vehicle miles traveled or congestion levels exceed levels projected for purposes of the area's demonstration of attainment or progress to submit plan revisions providing for transportation control measures. Requires States in which Severe areas are located to make the same submissions as those applicable to Serious areas and to submit an attainment demonstration by December 31, 2000. Provides that States containing non-self-generating ozone nonattainment areas that do not include or are not adjacent to metropolitan statistical areas (MSAs) shall be treated as satisfying the requirements of this Act if they make submissions required for Marginal areas. Permits the Administrator to treat such areas as non-self-generating if found that VOC and nitrogen oxides emissions within such areas do not contribute significantly to ozone concentrations in such areas or other areas. Sets forth requirements for areas reclassified as Moderate. Requires the Administrator to: (1) issue control techniques guidelines for seven categories of stationary sources of VOC emissions for which guidelines have not been issued; and (2) issue a document analyzing alternative control techniques for stationary sources of nitrogen oxides. Directs the Administrator to: (1) report to the Congress on VOC emissions from consumer or commercial products; and (2) promulgate regulations to aid in the attainment of the ozone air quality standard by decreasing emissions from such products. Authorizes such regulations to exempt health use products for which there are no suitable substitutes. Permits the transfer of enforcement authority for such regulations to States with the approval of the Administrator. Requires the Administrator to promulgate standards applicable to air pollutant emissions from loading and unloading marine tank vessels which may endanger public health or welfare. Directs the Secretary of the department in which the Coast Guard is operating to issue regulations to ensure the safety of the equipment and operations to control such emissions. Prohibits States from adopting any less stringent emissions standards. Requires the Administrator to study and report to the Congress on whether current methodology used to establish a design value for ozone provides a reasonable indicator of the ozone air quality of ozone nonattainment areas. Subjects such study to peer review. Establishes an ozone transport region comprised of coastal States on the east coast between Maine and Maryland and the consolidated metropolitan statistical area (CMSA) including the District of Columbia. Sets a fee of $5,000 per ton of VOC emitted during a calendar year in excess of 80 percent of the baseline amount for major stationary sources in areas which fail to attain standards by the applicable date. Requires such fee to be adjusted annually. Exempts from such fee areas with populations under 200,000 if demonstrated that attainment is prevented because of ozone transported from other areas. Classifies carbon monoxide nonattainment areas as Moderate or Serious. Authorizes the Administrator to adjust such classifications under conditions parallel to those for ozone nonattainment areas. Sets forth attainment dates of December 31, 1995, and December 31, 2000, for Moderate and Serious areas, respectively. Sets forth provisions for attainment extensions and reclassifications parallel to those for ozone nonattainment areas. Requires States in which Moderate carbon monoxide areas are located to submit to the Administrator a current inventory of actual emissions from all sources. Directs such States to submit plan revisions to require: (1) vehicle inspection and maintenance programs; and (2) triennial inventories. Requires States in which Serious carbon monoxide areas are located to make the same submissions as those required for Moderate areas. Directs such States to submit plan revisions to require: (1) attainment demonstrations; (2) vehicle inspection and maintenance programs; (3) transportation control measures; and (4) the use of oxygenated fuels in CMSAs or MSAs. Classifies PM-10 nonattainment areas as Moderate or Serious. Sets forth procedures and a timetable for reclassification of such areas. Provides for attainment dates of December 31, 1994, and December 31, 2001, for Moderate and Serious areas, respectively. Sets forth provisions for attainment extensions parallel to those for ozone and carbon monoxide nonattainment areas. Permits additional extensions to be granted to Serious areas, under specified conditions. Limits such extensions to a period of five years. Authorizes the Administrator to waive any requirement or attainment date for a Serious PM-10 area if determined that anthropogenic sources of PM-10 do not contribute significantly to violations of the PM-10 standard in such area. Requires States in which Moderate PM-10 areas are located to submit plans that include a permit program for the construction and operation of new and modified PM-10 sources and a demonstration on whether attainment is practicable by the applicable date. Directs States in which Serious PM-10 areas are located to submit plans that include a demonstration on whether attainment is practicable by the applicable date and the implementation of reasonably available control measures. Sets forth a timetable for the submission of attainment demonstrations. Requires the Administrator to: (1) issue technical guidance on reasonably available control measures for urban fugitive dust and emissions from residential wood combustion and prescribed silvicultural and agricultural burning; and (2) examine other categories of sources contributing to nonattainment of PM-10 and issue any additional guidance. Directs States containing nonattainment areas with respect to air quality standards for sulfur oxides, nitrogen dioxide, or lead to submit implementation plans to the Administrator. Requires such plans to provide for: (1) attainment of such standards within five years of the date of designation or, for States without approved plans, within five years of this Act's enactment. Applies requirements of approved plans submitted by Indian tribes to all areas located within a reservation. Authorizes the Administrator to: (1) treat Indian tribes as States under the Clean Air Act, except with respect to a requirement that makes available at least one-half of one percent of annual appropriations to States; and (2) provide such tribes with grant and contract assistance to carry out air pollution control functions. Outlines requirements for such authorization. Authorizes the Administrator to promulgate other means for administering such authorities where such treatment is inappropriate. Revises provisions concerning transportation planning and guidelines to require the Administrator to update the June 1978 Transportation-Air Quality Planning Guidelines. Requires States to submit such reports as the Administrator may require concerning emissions reductions, vehicle miles traveled, congestion levels, and any other information necessary for the Administrator to assess the effectiveness, implementation, or revision of any State plan. Extends the deadlines by which the Administrator must promulgate and revise regulations concerning new source standards of performance. Sets deadlines for the promulgation of regulations for sources for which the Administrator has not proposed regulations. Applies recordkeeping, inspections, monitoring, and entry requirements to persons who manufacture emissions control or process equipment or who may have information relevant to emissions sources. Exempts from interstate pollution abatement requirements States with permit programs approved under title IV of the Clean Air Act. Exempts concentrations of particulate matter attributable to increases in fugitive emissions from surface coal mines for purposes of determining compliance with maximum allowable increases in ambient concentrations of particulate matter. Revises provisions concerning pollutant increments and preconstruction requirements to lower the ceilings on maximum allowable increases in concentrations of sulfur dioxide and particulate matter. Authorizes the Administrator, in the case of pollutants other than sulfur dioxide or particulate matter for which standards are promulgated or revised, to promulgate or revise air quality increments or other regulations to prevent the significant deterioration of air quality which would result from emissions of such pollutants. Permits the Administrator, if the indicator for the particulate matter air quality standard has been changed, to modify the maximum allowable increases in particulate matter specified under this Act. Provides that the Administrator's interpretation of State implementation plans shall, if contested by a State or other party, be given deference by a court if the interpretation concerns compliance with the requirements of the Clean Air Act and is rational. Repeals provisions concerning financial disclosure and conflicts of interest. Authorizes the Administrator to assess the risks to ecosystems from exposure to criteria air pollutants. Makes technical and conforming amendments. Title II: Provisions Relating to Mobile Sources - Directs the Administrator to promulgate regulations requiring the use of clean alternative fuel in new urban buses operated primarily in MSAs with populations over 1,000,000. Establishes a schedule for the phasing-in of such program, to require the use of such fuels by all model year 1994 buses. Limits emissions of particulate matter from such buses. Permits a delay of up to two years for the application of such requirements if the Administrator determines that such delay will advance the technology, improve the benefits, or lower the costs of the urban bus program. Requires the Administrator to establish a program to increase the number of clean-fuel vehicles in the most serious ozone nonattainment areas. Directs the Administrator to promulgate regulations to establish performance standards for such programs, based on the long-term reductions in ozone-producing and toxic air emissions anticipated to result from the use of such fuels. Requires the following amount of clean-fuel vehicles to be produced and sold: (1) 500,000 in model year 1995; (2) 750,000 in model year 1996; and (3) 1,000,000 in model years 1997 through 2004. Authorizes the Administrator to grant credits toward emissions standards compliance to manufacturers who sell clean-fuel vehicles that achieve emissions reductions greater than required or sell more of such vehicles than required. Permits such manufacturers to transfer credits to other manufacturers. Requires at least one clean fuel to be sold at service stations dispensing an average of at least 50,000 gallons per month in clean-fuel vehicle areas. Permits the Administrator, if the sale of such vehicles has created a demand for such fuels outside the areas in which they are sold, to make such fuels available in major nationwide transportation corridors. Requires clean-fuel vehicles to be sold in: (1) certain Serious or Severe ozone nonattainment areas with populations over 250,000; or (2) any other area, at the request of a State Governor and with the approval of the Administrator. Permits State Governors to request the Administrator to increase the number of clean-fuel vehicles to be sold in an area. Requires the Administrator, in developing clean-fuel regulations, to hold at least one public hearing and to consider the environmental, energy, economical, health, national security, and safety implications of such program. Authorizes the Administrator to require manufacturers, distributors, and retailers of motor vehicles or motor vehicle fuels to maintain records, make reports, and provide information regarding such vehicles and fuels. Makes such records, reports, and information available to the public, with the exception of any information considered to be a trade secret. Sets standards for emissions of: (1) hydrocarbons from light duty vehicles (passenger cars) manufactured after 1979 and light duty trucks manufactured after 1993; (2) carbon monoxide from light duty vehicles manufactured after 1980 and light duty trucks manufactured after 1993; and (3) nitrogen oxides from light duty vehicles manufactured after 1980. Applies high altitude regulations requirements to light duty trucks manufactured after 1983. Requires the Administrator to set carbon monoxide emissions standards for light duty vehicles and light duty trucks operated at 20 degrees Fahrenheit. Provides that such standards shall be met by averaging emissions levels established for engine families. Directs the Administrator, no later than December 31, 1993, to complete a study assessing the need for further reductions of carbon monoxide emissions and the maximum reductions achievable from light duty vehicles and light duty trucks manufactured after 1997 when operated at 20 degrees Fahrenheit. Authorizes the Administrator to promulgate further cold temperature regulations for carbon monoxide emissions from such vehicles and heavy duty vehicles. Permits the Administrator to promulgate regulations for evaporative emissions of hydrocarbons from gasoline-fueled motor vehicles during operation and over two or more days of nonuse, under ozone-prone summertime conditions. Requires the Administrator to study the need for and feasibility of controlling emissions of unregulated toxic air pollutants associated with motor vehicles and motor vehicle fuels. Allows the Administrator to promulgate regulations requiring: (1) manufacturers to install emissions malfunction diagnostic systems on all new motor vehicles and engines; and (2) States with implementation plans to revise such plans to provide for inspection of such systems. Revises provisions concerning the promulgation of regulations for heavy duty vehicles. Requires the Administrator to study the practice of rebuilding heavy duty engines and the impact of such rebuilding on engine emissions. Authorizes the Administrator to prescribe requirements to control rebuilding practices. Permits the Administrator to set emissions standards for nonroad engines and vehicles. Prohibits the use of emissions control systems in such engines or vehicles if the operation of such systems will cause or contribute to an unreasonable risk to public health or safety. Requires the Administrator to add test procedures to vehicle certification regulations to determine whether light duty vehicles and light duty trucks manufactured after 1992 will pass inspection methods under conditions likely to be encountered in inspection and maintenance programs. Prohibits the Administrator from granting a certificate to any vehicle or engine not passing the test. Directs the Administrator, to the maximum extent feasible, to prescribe regulations permitting manufacturers to comply with emissions standards through averaging of emissions of vehicle or engine families within a manufacturer's fleet. Requires the Administrator to apply specified standards to nonconforming emissions of: (1) hydrocarbons from light duty vehicles or engines manufactured after 1992; and (2) hydrocarbons and carbon monoxide from light duty trucks manufactured after 1993. Permits the Administrator to require a manufacturer to: (1) audit the effectiveness of repairs made to remedy such nonconformities; and (2) procure or test in-use vehicles to determine whether a notice of nonconformity or failure should be issued. Authorizes the Administrator to promulgate regulations establishing fees to recover all costs to the U.S. Government associated with vehicle or engine certification and compliance monitoring and testing and vehicle fuel economy programs under the Motor Vehicle Information and Cost Savings Act. Provides for the deposit of such fees in a special U.S. Treasury fund. Authorizes representatives of the Administrator to enter any manufacturer's establishment, at reasonable times, for purposes of inspecting or observing any activity associated with motor vehicle manufacturing or testing. Requires the Administrator to promulgate regulations to: (1) make it unlawful for any person to introduce into commerce gasoline whose Reid Vapor Pressure exceeds nine pounds per square inch; and (2) establish more stringent Reid Vapor Pressure standards to achieve comparable evaporative emissions. Provides that such regulations shall take effect no later than the high ozone season for 1992. Permits gasoline containing between nine and ten percent ethanol (by volume) to exceed the applicable Reid Vapor Pressure by up to one pound per square inch. Makes it unlawful, effective October 1, 1993, to introduce into commerce motor vehicle diesel fuel which contains sulfur in excess of .05 percent (by weight) or which fails to meet a cetane index minimum of 40. Permits the Administrator to require manufacturers and importers of diesel fuel not used in motor vehicles to dye such fuel to segregate it from motor vehicle diesel fuel. Sets a sulfur content limit for diesel used in model years 1991 through 1993 heavy duty vehicles and engines. Authorizes the Administrator to control the introduction into commerce of any fuel for nonroad engines or vehicles. Makes it unlawful for manufacturers of fuels or fuel additives to introduce into commerce, or increase the concentration in use of, any fuel or fuel additive for use in motor vehicles manufactured after 1974 which is not substantially similar to a fuel or additive utilized in the certification of any subsequent model year vehicle or engine. Requires the Administrator to promulgate regulations that allow manufacturers or fuel refiners to control emissions from motor vehicles and fuels by means different than required vapor recovery measures as long as the alternative measures achieve equivalent reductions over the same time period. Requires such regulations to establish performance standards for motor vehicles and fuels marketed in certain Serious or Severe ozone nonattainment areas with populations of at least 250,000. Permits averaging of such reductions if such averaging achieves reductions equivalent to those achieved by compliance with performance standards. Prohibits the manufacture or sale of any part which bypasses or renders inoperative any device installed on motor vehicles or engines in compliance with this title. Increases penalties for certain violations of the Clean Air Act. Authorizes the Administrator to commence a civil action to recover such penalties, subject to certain limitations. Sets forth judicial review and collection provisions, including requirements for the imposition of nonpayment penalties. Expands the scope and increases the amount of penalties for fuel regulations violations. Prohibits the introduction of leaded gasoline into any motor vehicle manufactured after 1989 which is designed solely for the use of unleaded gasoline. Repeals specified provisions concerning: (1) a study concerning aircraft emissions; (2) reporting requirements; (3) waivers of emissions standards; (4) propulsion and emissions control systems; and (5) exemptions from emissions control systems modifications. Title III: Hazardous Air Pollutants - Establishes a list of hazardous air pollutants. Provides for additions to or deletions from such list, based upon the degree to which a pollutant is known to cause cancer or any other chronic or adverse health effects in humans. Permits any person to petition the Administrator for modifications to such list. Requires the Administrator to list and establish emissions standards for all categories of major and area sources of such pollutants. Authorizes the Administrator to set emissions standards for radionuclides from such sources separately from regulating such pollutants. Requires such standards to be no less stringent than standards achieved by the best controlled similar source. Directs the Administrator to review and revise such standards, as necessary. Establishes a timetable for the promulgation of such standards, requiring standards for all categories within ten years of this Act's enactment. Requires compliance by existing sources within six years of the promulgation of such standards. Directs the Administrator, within seven years of the promulgation of such standards, to evaluate the risks remaining to public health after the promulgation of such standards. Requires the Administrator, if the application of such standards presents an unreasonable risk, to promulgate standards to protect adequately against such risk. Authorizes States with approved programs to issue permits providing for alternative emissions limitations from major sources or extensions of compliance dates for certain existing sources. Requires such limitations to be approved by the Administrator. Permits the Administrator to grant compliance extensions to sources in States without approved programs. Prohibits: (1) the construction of any new major source subject to standards under this title unless the Administrator or a State with an approved program determines that such source complies with such standards; and (2) the operation of any source subject to such standards, except in compliance with such standards. Requires the Administrator to establish and maintain an air toxics clearinghouse and centers to provide technical information and assistance to State and local agencies. Authorizes the Administrator to conduct research on methods for preventing, measuring, and controlling emissions and evaluating associated health and ecological risks. Permits the President to exempt any source from standards for up to two years if it is in U.S. national security interests to do so. Authorizes additional two-year extensions of such exemptions. Requires the President to report to the Congress on each exemption or extension. Authorizes appropriations. Directs the Administrator to study and report to the Congress on the anticipated health hazards resulting from pollutant emissions by electric utility steam generating units after imposition of this Act's requirements. Requires the Administrator to describe alternative control strategies for emissions warranting regulation under this Act. Title IV: Permits - Makes it unlawful to violate any permit requirement or to operate a source subject to standards under the Clean Air Act, except in compliance with a permit. Authorizes the Administrator to exempt sources from permit requirements if consistent with the purposes of this Act. Directs the Administrator to promulgate regulations establishing the minimum elements of a permit program to be administered by any air pollution control agency. Requires such program to include requirements for: (1) permit applications; (2) monitoring and reporting; (3) permit fees of at least $25 per ton of each regulated pollutant to be increased in accordance with the Consumer Price Index; (4) adequate personnel and funding; (5) certain authorities for the permitting authority; and (6) adequate procedures for public notice and comment on permit applications. Authorizes the Administrator to collect fees from any source if determined that the permitting authority is not adequately administering or enforcing a permit program. Requires sources that fail to pay fees to the Administrator to pay penalties of 50 percent of the fee amount plus interest. Requires such fees to be used to support the air pollution control program of a State or interstate agency. Directs State Governors to submit: (1) permit programs to the Administrator within three years of this Act's enactment; and (2) legal opinions from the attorney general that the laws of the State, locality, or interstate compact provide adequate authority to carry out such program. Sets forth approval and modification procedures for such programs. Authorizes the submission and approval of partial permit programs which meet certain minimum requirements. Provides that approval of a partial program shall not relieve a State of its obligation to submit a complete program. Sets forth interim approval, administration, and enforcement procedures. Requires owners or operators of regulated sources to submit compliance plans with permit applications and to periodically certify that such facilities are in compliance with this Act's requirements. Makes permit applications, compliance plans, monitoring reports, certifications, and permits available to the public. Requires permits to include emissions limitations and standards, schedules of compliance, and such other conditions as are necessary to assure compliance with applicable requirements. Authorizes the Administrator to prescribe procedures for determining compliance and for monitoring and analysis of pollutants regulated under this Act. Requires permits to set forth inspection, entry, monitoring, compliance certification, and reporting requirements. Authorizes permitting authorities to issue: (1) general permits covering numerous similar sources; or (2) single permits authorizing emissions from similar operations at multiple temporary locations. Requires owners or operators of temporary sources to notify the permitting authority in advance of any change in location of such sources. Authorizes the permitting authority to require separate fees for operations at each location. Allows the reissuance or modification of permits which provide for less stringent emissions limitations or other requirements under certain conditions. Requires permitting authorities to: (1) submit to the Administrator any application for alternative emissions limitations or permit modifications; and (2) notify all States contiguous to the State in which the emissions originate of each permit application and provide an opportunity for such States to submit recommendations regarding such permit. Sets forth provisions concerning: (1) issuance or denial of permits; (2) waivers of notification requirements; and (3) notifications to States regarding termination, modification, revocation, or reissuance of permits. Title V: Acid Deposition Control - Declares that the purpose of this title is to achieve nationwide reductions in annual emissions of: (1) sulfur dioxides of approximately 10,000,000 tons from 1980 emissions levels (in two phases); and (2) nitrogen oxides of 2,000,000 tons relative to levels in 2000. Directs the Administrator to transfer annual allowances to owners or operators of affected sources in amounts equal to the annual tonnage emissions limitations under this Act. Continues the allocation of such allowances to an owner or operator if an existing affected unit is removed from commercial operation. Permits the transfer of such allowances between owners or operators, subject to certain limitations. Requires the Administrator to promulgate regulations to establish an allowance system which shall provide for unused allowances to be carried forward and added to allowances for subsequent years. Provides for the trading of sulfur dioxide and nitrogen oxide allowances, including the crediting of nitrogen oxide reductions in phase I against those required in phase II. Subjects trades in nonattainment areas to the approval of the Administrator. Requires owners or operators of new units to hold allowances equal to the annual tonnage of sulfur dioxide emitted by such units after December 31, 2000. Makes such units ineligible for allocations of sulfur dioxide allowances. Permits such units to obtain allowances from any unit allocated allowances under this title. Makes it unlawful to hold or transfer any allowance, except in accordance with regulations issued by the Administrator. Lists affected sources and units and their sulfur dioxide allowances. Provides that existing steam-electric units with nameplate capacities of 100 MWe or greater that emit sulfur dioxide at a specified annual rate between this Act's enactment date and 2001 shall be considered to be affected units. Sets emissions limitations for such sources. Authorizes owners or operators of affected units to submit proposals to the Administrator to reassign sulfur dioxide emissions requirements to any other unit under their control. Sets forth approval procedures for such proposals. Provides that existing steam-electric units with nameplate capacities of 75 MWe or greater and with specified 1985 emissions rates shall be affected units for purposes of this Act after December 31, 2000. Subjects such units to specified emissions limitations after such date. Prohibits existing steam-electric units, after December 31, 2000, from exceeding annual emissions rate requirements equal to actual 1985 emissions rates. Requires nitrogen oxide emissions rate requirements to be met in the second phase by coal-fired steam-electric units with nameplate capacities of 75 MWe or greater. Sets nitrogen oxide emissions limitations for such units after December 31, 2000. Requires this title to be implemented by permits that prohibit exceedances of sulfur dioxide and nitrogen oxide emissions rates, limitations, or allowances or contravention of any permit provisions. Requires permits to be accompanied by compliance plans. Authorizes the Administrator to require: (1) a demonstration of attainment of national air quality standards for sources; and (2) an integrated compliance plan from owners or operators of two or more sources. Directs the Administrator to issue permits to listed affected sources. Sets forth permit application and approval procedures. Requires the Administrator to promulgate regulations to implement a Federal permit program for affected sources. Directs owners or operators submitting phase I permit applications and compliance plans to request certifications from State Governors that such applications and plans are in compliance with State law. Permits such certifications to preclude the use of coal produced outside the State at such sources. Waives such requirements if the Governor fails to act on such a request. Establishes deadlines for phase II sulfur dioxide emissions and nitrogen oxide emissions requirements with respect to: (1) the submission of permit applications and compliance plans; (2) the issuance of permits by States to affected sources; and (3) the issuance of allowances by the Administrator. Requires the Administrator, if a State fails to issue permits by the required deadline, to issue such permits by July 1, 1997. Directs States to submit permit programs for new units to the Administrator. Sets deadlines for the submission of permit applications and compliance plans for such units. Authorizes the submission of revised applications or plans. Makes it unlawful to: (1) fail to submit an application or plan in accordance with deadlines; or (2) operate any source, except in compliance with a permit program. Requires owners or operators of existing sources to: (1) demonstrate to the permitting authority that one or more units will be repowered with a qualifying clean coal technology by January 1, 1998; and (2) provide, as part of such demonstration, documentation of a preliminary design and engineering effort for such repowering, an executed contract for the majority of the repowering equipment, and such other information as may be required, by December 31, 2000. Grants owners or operators satisfying such requirements extensions of emissions limitations or rate requirements for such units from December 31, 2000, to December 31, 2003. Provides that qualifying sources that increase emissions of a pollutant relative to potential pre-repowering levels shall not be subject to requirements of title I of the Clean Air Act for such pollutant if the owners or operators of such sources demonstrate that the increased emissions will not: (1) cause or contribute to an exceedance in any area of a national air quality standard or of a maximum allowable increase in concentrations under such Act; (2) interfere with reasonable progress; or (3) result in an adverse impact on visibility or air quality related values in any Class I area under part C of title I of such Act. Directs the Administrator, for the period of an extension, to grant annual allowances for sulfur dioxide to the owners or operators of affected sources. Prohibits the transfer or use of such allowances by any other source to meet emissions requirements under this title. Requires owners or operators to notify the Administrator in advance of the date on which the affected unit is to be removed from operation to install repowering technology. Establishes emissions rates and allowances for such sources. Makes it unlawful to fail to comply with such requirements. Authorizes owners or operators of existing units that emit sulfur dioxide or nitrogen oxides to elect to designate such sources as affected units. Requires such designations to be submitted to the Administrator for approval. Directs the Administrator to establish a baseline for such units based on fuel consumption and operating data from 1985 through 1987. Establishes emissions limitations for such sources. Applies allowance and permit requirements for affected sources to designated affected sources. Authorizes the Administrator to establish a program for the designation of process sources as affected sources. Prohibits designated sources from transferring or banking allowances produced as a result of reduced utilization or shutdown. Makes owners or operators of affected sources that emit excess sulfur dioxide and nitrogen oxides liable for the payment of an excess emissions fee based on excess tonnage. Requires such individuals to: (1) offset the excess emissions by an equal tonnage amount in the following year or such period as the Administrator may prescribe; and (2) submit a plan to achieve such offsets to the Administrator. Directs the Administrator to: (1) deduct allowances equal to the excess tonnage from those issued for the source for the years following the year in which the excess emissions occurred; and (2) adjust the fee for inflation, based on the Consumer Price Index, beginning in 1996. Makes it unlawful for liable owners or operators to fail to comply with such requirements. Requires sources subject to this title to install and operate continuous emission monitoring systems (CEMS) and to assure the data for sulfur dioxide, nitrogen oxides, opacity, and volumetric flow for each unit. Directs the Administrator to specify the requirements for CEMS, alternative methods that provide reliable and timely information, and recordkeeping and reporting of information from such systems. Sets first and second phase deadlines for compliance with such requirements. Requires the Administrator to prescribe means for calculating emissions for any unit for which CEMS data is not available. Makes it unlawful to operate any source not in compliance with CEMS requirements. Deems excess emissions from an affected source to be a violation of this Act, with each ton emitted in excess of allowances constituting a separate violation. Requires the Administrator to assess and report to the Congress on the environmental effects of emissions reductions under this title. Directs the Federal Energy Regulatory Commission (FERC) to establish a demonstration program for regulatory incentives to promote the development of clean coal technologies and other control technologies to limit power plant emissions. Requires such incentives to include: (1) an incentive rate of return for clean coal or other technologies that recognizes their inherent risk; and (2) a ten to 20 year amortization period to recover the capital costs of such technologies. Provides that: (1) the program will have a five year life; (2) the program will cover no more than four units in each technology class; and (3) technology classes eligible for the program should be likely to realize significant cost reductions when employed. Requires FERC to review the merits of the program and determine whether it should be extended or made permanent. Requires FERC to establish a process for negotiating with potential developers of clean coal or other control technologies to agree upon cost caps for future projects and preapproval of the prudency of expenses for such projects if the expenses fall within the agreed-upon cap. Directs the Administrator to promulgate regulations to revise existing clean coal technology requirements and to facilitate clean coal projects. Requires such regulations to address physical or operational changes to existing facilities for the installation, operation, or removal of such projects. Provides that the Federal share for a qualifying project shall be at least 20 percent of the total cost of such project. Encourages States and political subdivisions which regulate public utility rates and charges to provide additional incentives for the implementation of clean coal technologies. Title VI: Provisions Relating to Enforcement - Authorizes the Administrator to issue administrative penalties for certain violations of the Clean Air Act. Makes Federal enforcement procedures currently applicable to implementation plans applicable to permit programs. Authorizes the Administrator to ask the Attorney General to commence criminal actions against violators of specified provisions of such Act. Permits the Administrator to prohibit the operation of sources for specified violations. Revises penalty provisions of, and makes technical amendments to, such Act. Establishes fines and prison sentences for knowing failures to pay fees under such Act. Doubles the maximum punishment for specified subsequent violations. Prescribes fines and up to 15 years' imprisonment, or both, for knowing releases of hazardous substances that place another person in imminent danger of death or serious bodily injury. Makes organizations responsible for such releases subject to fines of up to $1,000,000 per day for each violation. Limits the Administrator's authority to assess certain administrative penalties to matters where the total penalty does not exceed $200,000 and the first violation occurred no more than 12 months prior to the initiation of the administrative action, with specified exceptions. Authorizes the Administrator to implement a field citation program for appropriate minor violations for the purpose of assessing civil penalties of up to $5,000 per day for each violation. Sets forth provisions concerning judicial review and civil actions with respect to the assessment of such penalties. Outlines criteria to be considered by the court in determining the assessment of penalties. Authorizes the Administrator to pay rewards of up to $10,000 for information or services leading to criminal convictions or judgments of liability for violations of the Clean Air Act. Makes Federal, State, and local officials or employees ineligible for such rewards. Authorizes the Administrator to require owners or operators of sources subject to such Act to: (1) keep records on control equipment parameters, production variables, or other indirect data when direct emissions monitoring is impractical; and (2) submit compliance certifications. Directs the Administrator to require enhanced monitoring and submission of compliance certifications from owners or operators of major stationary sources. Authorizes the Administrator to apply such requirements to any other source. Makes such information available to the public. Removes an exemption for public disclosure of emission source records that may be trade secrets. Repeals a provision concerning penalties for violations of administrative orders. Authorizes the Administrator to extend a prohibition on Federal procurement from violators of the Clean Air Act to contracts performed at any facility owned or operated by such persons. (Current law prohibits such procurement for contracts to be performed at facilities where the violation occurred.) Authorizes the assessment of civil penalties for violations of such Act. Requires such penalties to be deposited in a special Treasury fund and to be available to finance air compliance and enforcement activities. Revises provisions concerning citizen suits under such Act. Requires the Administrator to take necessary measures to prevent the operation, construction, or modification of certain major emitting facilities. Makes noncomplying stationary sources subject to penalties. Title VII: Miscellaneous Provisions - Authorizes the Administrator to make grants to air pollution control agencies in amounts up to three-fifths of the total cost of programs for the prevention and control of air pollution or implementation of national standards. Grants agencies contributing less than the required two-fifths minimum three years to attain the minimum level. Reduces the Federal contribution to agencies which fail to meet such minimum. Requires at least one-half of one percent of the annual State grant appropriation to be for grants to air pollution control agencies. Prohibits agencies from receiving grants during any fiscal year when expenditures of non-Federal funds for recurrent expenditures for air pollution programs will be less than expenditures for such programs during the preceding fiscal year. Requires the Administrator to revise current regulations defining nonrecurrent and recurrent expenditures to consider exempting agencies with acceptable periodic increases from such limitations. Authorizes the Administrator to award grants to agencies not meeting such requirements if it is determined that a reduction in expenditures is attributable to a non-selective reduction in the expenditures of applicable Federal agencies. Decreases the Federal contribution to interstate air quality agencies. Repeals provision concerning annual reporting requirements. Requires the Administrator to study and report to the Congress on the role of ozone precursors in tropospheric ozone formation and control. Revises provisions (including deadlines) concerning the issuance and revision of criteria for national air quality standards. Establishes within the EPA an Air Pollutant Release Investigation Board to investigate major life-threatening releases of air pollutants. Excludes from such investigations releases associated with nuclear incidents and transportation-related releases. Requires the Board to make reports on such releases to the Congress and, upon reasonable cost, to the public.

Bill· SS. 1480 (101st)referred

Economic Equity Act of 1989

United States · United States Congress · 2 August 1989

Economic Equity Act of 1989 - Title I: Employment - Subtitle A: Pay Equity Technical Assistance to Public and Private Sector - Pay Equity Technical Assistance Act - Directs the Secretary of Labor to develop and implement a continuing program of information dissemination, research, and technical assistance to public and private entities with respect to correction of wage-setting practices, and reduction or elimination of wage disparities, to the extent that they are based on the sex, race, or national origin of the employee, rather than on the work performed and other appropriate factors. Subtitle B: Extension of Benefits to Part-Time and Temporary Workers - Part-Time and Temporary Workers Protection Act of 1989 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to bring certain part-time employees within the participation, vesting, and accrual rules governing pension plans. Addresses any employee who, within a relevant 12-month period: (1) has customarily completed more than 500 but fewer than 1,000 hours of service; or (2) is employed in a type of position in which employment customarily consists of such a number of hours. Provides that completion of such hours of service will be treated as completion of 1,000 hours of service (thereby bringing the employee within the ERISA benefit framework). Permits a reduction in the employer-provided premium under a group health plan in the case of a part-time employee only when such employee: (1) has customarily completed fewer than 30 hours of service per week; or (2) is employed in a type of position in which employment customarily consists of such a number of hours. Limits such a premium reduction, when permissible, to not less than a ratable portion of the premium ordinarily provided in the case of an employee who completes 30 hours of service per week. Revises the ERISA definition of "employee" to include non-employees who, pursuant to a contract or agreement, provide employee-like services to an employer for at least one year at the rate of 500 or more hours per year. Subtitle C: Federal Council on Women - Federal Council on Women Act - Establishes a Federal Council on Women to: (1) collect and evaluate information with respect to any problems that are particular to women in the United States; (2) review and evaluate Federal policy related to any such problems; (3) coordinate the activities of the Council with similar activities conducted by States, local governments, and concerned organizations; and (4) make recommendations. Directs the Council to report its findings and recommendations to the Congress. Authorizes appropriations. Subtitle D: Women in Business Procurement Assistance - Women's Business Procurement Assistance Act of 1989 - Amends the Small Business Act to add to existing goals for participation of small business concerns in Federal procurement contracts the participation of small business concerns owned and controlled by women. Requires the head of each Federal agency to report to the Small Business Administration (SBA) on the extent that small business concerns owned and controlled by women participate in procurement contracts and subcontracts. Declares it is the policy of the United States that small business concerns owned and controlled by women shall have the maximum opportunity to participate in the performance of contracts and subcontracts let by any Federal agency. Precludes the award of any contract unless the procurement authority determines that the offeror's plan includes the maximum opportunity for participation of small business concerns owned and controlled by women. Authorizes any Federal agency, when dealing with negotiated contracts, to provide such incentives as it may deem appropriate in order to encourage subcontracting opportunities for small business concerns owned and controlled by women. Requires the SBA to report annually to certain congressional committees on subcontracting plans found acceptable by any Federal agency which the SBA determines do not contain maximum opportunities for small business concerns owned and controlled by women. Requires the Director of Small and Disadvantaged Business Utilization for each Federal agency to designate an employee of that Director's office to be a Women-in-Business Specialist. Requires each Federal agency having procurement powers to affirmatively solicit offers from small business concerns owned and controlled by women and socially and economically disadvantaged individuals. Title II: Economic Security - Subtitle A: Earnings Sharing by Married Couples - Social Security Equity Act of 1989 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that the combined earnings of a married couple which are attributable to the period of their marriage shall be shared equally between them for purposes of determining the eligibility for, and amount of, OASDI benefits to which each spouse is or may become separately entitled. Credits the survivor of the marriage with 100 percent of the combined total wages for the period of the marriage. Provides that this Act shall not apply in specified cases where it would result in a reduction of OASDI benefits. Sets forth certain age and marriage requirements with which married couples must comply in order for this Act to apply. Subtitle B: Treatment of Disabled Widows and Widowers - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to repeal the separate definition of disability applicable to widows and widowers. Permits the months of a widow's or widower's entitlement to Supplemental Security Income (SSI) benefits (title XVI of the Social Security Act) on the basis of a disability to be counted towards the 24 months needed to become entitled to hospital insurance benefits under Medicare (title XVIII of the Social Security Act) on that basis. Subtitle C: Eligibility of Displaced Homemakers for First-Time Homebuyers Assistance - 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. Subtitle D: Section 8 Housing Assistance for Domestic Violence Victims - Family Housing Options Program Act of 1989 - Amends the United States Housing Act of 1937 to reserve at least five percent of section 8 housing assistance for families affected by domestic violence and for homeless families. Requires administration of such program through the local public housing agencies. Permits assistance to be used in shared housing arrangements if the family receiving assistance so consents. States that rent contributions made by a family in such an arrangement shall not be considered income to the participating family for purposes of specified housing assistance eligibility. Includes among State allocation factors the number of transitional and emergency shelters, domestic violence shelters, and the number of families served by such programs. Requires: (1) each State to make an annual program report to the Secretary of Housing and Urban Development; and (2) the Secretary to include a summary of such reports in the annual section 8 report. Title III: Dependent Care - Subtitle A: Dependent Care Tax Credit Expansion - Repeals the Internal Revenue Code's nonrefundable income tax credit for employment-related dependent care expenses, replacing it with a corresponding refundable 50 percent credit, reduced (but not below 20 percent) as the taxpayer's adjusted gross income exceeds $15,000 (adjusted for inflation). Includes within the scope of the new credit up to $1,200 ($2,400 in the case of more than one qualifying individual) of respite care expenses incurred in the care of: (1) a dependent of the taxpayer who is at least 15 years old; or (2) a spouse or other dependent who is physically or mentally incapable of self-care. Subtitle B: Mortgage Financing for Family Day Care Centers - Small Day Care Center Assistance Act - Amends the Federal National Mortgage Association Charter Act and the Federal Home Loan Mortgage Corporation Act to define the term "mortgage" to include a mortgage secured by a one-to-four family residential property that is occupied as a residence and in which child care service is legally provided. Subtitle C: Child Care Services in Transitional Housing - Transitional Housing Child Care Services Act - Amends the Stewart B. McKinney Homeless Assistance Act to authorize the Secretary of Housing and Urban Development to provide child care assistance for transitional housing residents. Subtitle D: Title XX Funding Increase - Amends title XX (Block Grants to States for Social Services) of the Social Security Act to: (1) increase the amount authorized for such program for FY 1990 through 1992; and (2) remove provisions authorizing appropriations for each succeeding fiscal year. Subtitle E: School-Based Child Care - State Dependent Care Grants Amendments Act of 1989 - Amends the State Dependent Care Development Grants Act to authorize the use of funds for operation of school-age child care services before and after school. Requires that such amounts be earmarked to enable children whose families lack adequate financial resources to participate in before or after school child care programs. Requires State Governors to include specified information in their reports on programs assisted under such Act. Extends until September 30, 1993, the period during which descriptions of intended uses of State allotments must be revised to reflect substantial changes. Title IV: Health - Subtitle A: Maternal and Child Health Funding Increases - Amends title V (Maternal and Child Health Services) of the Social Security Act to increase authorized appropriations for such program. Requires States, as a condition of receiving additional funds, to conduct a statewide needs assessment of maternity and infant care, including prenatal care and prevention of low birthweight and infant mortality, and to develop a plan to meet those needs. Changes State reporting requirements to monitor plan implementation results. Subtitle B: Coordination of Health Services for Pregnant Women - Amends title V (Maternal and Child Health Services) of the Social Security Act to increase authorized appropriations for such program. Sets aside certain appropriated amounts for comprehensive State infant mortality initiatives and Federal activities in coordination with such initiatives. Prohibits Federal assistance for such a State initiative unless the State provides assurances that it will: (1) establish a toll-free telephone information and referral system for maternal and child health services; (2) provide technical assistance and public awareness activities regarding the maternal and child health handbook to be disseminated by the Secretary of Health and Human Services; (3) develop and expand maternal and child health home visiting programs; (4) establish a "one-stop shopping," client-centered program under which pregnant women and mothers can apply for a wide range of Government programs in a coordinated manner at a location at which social and health-related services are made available to pregnant women and infants; (5) evaluate the impact of such initiative; and (6) be able to continue such initiative without Federal assistance within five years of the first receipt of such assistance. Directs the Secretary to use a specified portion of set-aside amounts to: (1) provide technical assistance to State initiatives; (2) disseminate a maternal and child health handbook to all pregnant women and new parents; (3) establish a nationwide, toll-free telephone information and referral system for maternal and child health services; (4) develop a model, coordinated application and eligibility determination system for use by States under the Medicaid program (title XIX of the Act) and the special supplemental food program for women, infants, and children; (5) improve the integration and coordination of Federal programs serving pregnant women and children; and (6) monitor and evaluate State infant mortality initiatives. Requires the Secretary to give priority to the initiatives of States demonstrating the greatest need and an ability to implement such initiatives, while recognizing the need for an equitable distribution of assistance among the States. Subtitle C: Infant Mortality - Amends title XIX (Medicaid) of the Social Security Act to require States to cover children born after September 30, 1983, whose family income is below the Federal poverty level. Authorizes States to continue such coverage for one year after the family's income rises above the Federal poverty level. Phases in mandatory State coverage of pregnant women and infants whose family income is below 185 percent of the Federal poverty level. Deducts child and medical care costs from the income eligibility test. Requires the continuation of such coverage for women through the month in which the 60-day post-partum period expires, and for infants throughout their first year of life. Directs the Secretary of Health and Human Services to report to the Congress by July 1, 1990, on State error rates in determining the Medicaid eligibility of pregnant women and infants. Suspends error rate penalties attributable to such eligibility determinations made from July 1, 1989, until one year after the Secretary's report. Permits States to provide Medicaid coverage to all children whose family income is below the Federal poverty level. Requires that States make ambulatory prenatal care available to a pregnant woman during a presumptive eligibility period which ends when she is determined to be ineligible for Medicaid benefits or 14 days after she is determined to be eligible, but fails to apply. Amends title V (Maternal and Child Health Services) of the Act to require States to provide outreach services for Medicaid-eligible pregnant women and infants under such title. Amends the Medicaid program to reimburse States, at the Federal Medicaid assistance percentage, for outreach services identifying Medicaid-eligible pregnant women and infants and assisting them in applying for Medicaid coverage. Requires that States submit information to the Secretary, by April 1 of each year, pertaining to the supply of and demand for obstetrical and pediatric services and proposed Medicaid payment rates for such services so that the Secretary may determine whether such rates are sufficient to ensure that obstetrical and pediatric services will be at least as available to Medicaid beneficiaries as they are to the general population. Requires States to immediately revise rates determined to be insufficient. Increases, by 25 percent, the Federal share of Medicaid costs attributable to State demonstration projects to reduce infant mortality and childhood morbidity by improving the access of Medicaid-eligible pregnant women, infants, and children to obstetricians and pediatricians. Limits FY 1990 expenditures for such projects. Directs States to adjust Medicaid payments to disproportionate share hospitals to take into account exceptionally costly and lengthy inpatient hospital services for children. Requires States to: (1) coordinate Medicaid services with the special supplemental food program for women, infants, and children (WIC) under the Child Nutrition Act of 1966; and (2) notify Medicaid-eligible pregnant, breastfeeding, or postpartum women and children under age five of WIC program benefits. Directs the Secretary to develop, for use by January 1, 1990, a national toll-free phone number providing basic health information and health care referrals to pregnant women, new mothers, and other interested persons. Subtitle D: Perinatal Services in Public Housing - Public Housing One-Stop Perinatal Services Act of 1989 - Directs the Secretary of Housing and Urban Development to carry out a program to demonstrate the effectiveness of grants to public housing agencies for providing facilities for one-stop perinatal services programs for pregnant women who reside in public housing. Sets forth preferences in selecting the agencies to receive grants. Limits the aggregate amount provided under these provisions for any public housing project to a specified sum. Requires services and facilities provided or assisted with grants under these provisions to comply with all applicable State and local laws, regulations, and ordinances, and all requirements established by the Secretary of Health and Human Services for such services and facilities. Authorizes appropriations. Subtitle E: Domestic Violence Judiciary Training Grants - State Justice Institute Amendments Act - Amends the State Justice Institute Act of 1984 to authorize the use of Institute funds to conduct up to five projects to: (1) carry out research regarding State judicial decisions relating to child custody litigation involving domestic violence; (2) develop training curricula to assist State courts to develop an understanding of, and appropriate responses to, child custody litigation involving domestic violence; and (3) disseminate the results of such research and the curricula to State courts. Authorizes appropriations for FY 1989 and 1990. Subtitle F: Immigration Reform for Domestic Violence Victims - Amends the Immigration and Nationality Act to permit certain battered alien spouses to apply for permanent residence without filing a joint petition (and interview) with the citizen spouse. Requires such an alien spouse to demonstrate: (1) that the marriage was entered into with good faith; and (2) evidence of physical abuse or extreme mental cruelty. Subtitle G: Long-Term Care Workers Demonstration Projects - Amends the Older Americans Act of 1965 to require the Commissioner on Aging to give special consideration to funding demonstration projects providing older individuals with the opportunity to serve as volunteers furnishing long-term care services to nursing home residents. Subtitle H: Sense of Congress on Caregivers - Declares that it is the sense of the Congress that: (1) recognition and further attention should be given to the professional and personal needs of long-term care aides; (2) expanded access to health and pension benefits should be provided to such aides; (3) policy makers should recognize that problems of female household heads and minority workers affect most nursing care aides; (4) more data is needed on home health and nursing home aides; (5) expanded recruitment of specified groups should be considered to abate the long-term care aide shortage; and (6) changes should be made in nursing aide positions to ensure integration into management structures and to enhance attraction to careers in long-term care.

Bill· SS. 1431 (101st)open

A bill to amend the Education of the Handicapped Act to permit an action to be brought against a State under the Eleventh Amendment of the Constitution for a violation of such Act, and for other purposes.

United States · United States Congress · 31 July 1989

Amends the Education of the Handicapped Act to provide that: (1) a State shall not be immune under the Eleventh Amendment of the Constitution of the United States from suit in Federal court for a violation of such Act; and (2) the same remedies are available for such a violation in a suit against a State as are available against any other public or private entity.

Law· SS. 1430 (101st)enacted

National and Community Service Act of 1990

United States · United States Congress · 27 July 1989

National and Community Service Act of 1989- Title I: School Based Community Service - Part A: School Based Community Service - Serve America, the Service to America Act of 1989 - Authorizes the Secretary of Education (the Secretary) to make grants to States or local applicants to create or expand service opportunities for students and out-of-school youth and for community members, particularly senior citizens, to volunteer in schools. Limits the term of such grants to three years. Authorizes the Secretary to fund: (1) one or more national or regional clearinghouses on service; (2) national model youth service programs; and (3) development of innovative curriculum materials for use in student community service programs and school volunteer and partnership programs. Authorizes appropriations for FY 1991 through 1995. Part B: Higher Education - Amends the Higher Education Act of 1965 (HEA) to revise and rename a certain program Innovative Projects for Community Service. Provides that grants for innovative projects are to encourage student participation in community service activities before, during, or after the completion of the student's higher education. Authorizes the Secretary to appoint a limited number of technical employees to administer Postsecondary Improvement Programs. Authorizes appropriations for FY 1991 through 1995 for grants for innovative projects for community service. Part C: Work Study Programs - Amends HEA provisions relating to grants for State student incentives to direct the Secretary to make an additional reservation and allotment of funds for campus-based community work learning study jobs whenever appropriations exceed a specified amount. Amends HEA provisions for Work Study Programs to: (1) decrease the maximum Federal share of compensation of students employed in the work study program from 70 percent to 60 percent for academic year 1992-1993; and (2) increase the maximum Federal share of compensation of students employed in the work study for community service-learning programs from 90 percent to 100 percent. Part D: Publication - Amends HEA provisions for the direct (Perkins) and guaranteed (Stafford) student loan programs to require publicizing of the current loan repayment deferral program for full-time volunteers with the Peace Corps, VISTA, ad tax-exempt organizations. Requires informing students of this deferral program option in their exit counseling. Requires the Secretary of Education to: (1) provide students with specified information on the deferral program; and (2) gather data on loan deferrals and cancellations for such volunteers. Part E: Direct Loans to Students in Institutions of Higher Education - Amends HEA provisions for the direct (Perkins) student loan program to provide for partial loan cancellation for full-time volunteer service with a tax-exempt organization. (Current law provides for such partial cancellation for service in the Peace Corps or VISTA.) Part F: Loan Forgiveness - Amends HEA provisions for the guaranteed (Stafford) student loan program to provide for partial loan cancellation for service in the Peace Corps or VISTA or for comparable full-time service as a volunteer with a tax-exempt organization. Title II: Youth Service Corps - American Conservation and Youth Service Corps Act of 1989 - Authorizes the National Service Board (the Board, established under title IV of this Act) to provide grants to State and local applicants to create or expand full-time or summer youth service corps programs. Sets forth provisions for grant duration and renewal, allocation of funds, and State and lcoal applications. Sets forth authorized project for conservation corps programs and for human services corps programs. Sets forth ineligible service categories. Encourages use of program services by related programs administered under the authority of the Secretary of Health and Human Services. Directs the Board to: (1) fund only programs that involve projects on public lands or Indian lands or provide a public benefit; and (2) consult with the Department of the Interior in reviewing applications proposing programs or projects on public lands or Indian lands. Requires program agencies to provide to participants: (1) in-service training and education; and (2) post-service education and training assistance. Limits enrollment in programs under this title to individuals who at the time of enrollment are: (1) 16 through 25 years of age (15 through 21 for summer programs); and (2) U.S. citizens or nationals or lawful permanent resident aliens. Requires program agencies to provide post-service education and training benefits in specified amounts for each participant. Excludes such amounts from gross income for specified purposes of the Internal Revenue Code. Authorizes the program agency to provide certain services. Requires the program agency to provide necessary job guidance and placement information and assistance to participants, in coordination with other appropriate entities. Requires that each participant in a full-time youth service corps program receive a living allowance and health insurance. Authorizes the Board to develop regulations and standards for joint projects coordinating activities under this title with activities under employment and training programs administered by the Department of Labor (including the Job Training Partnership Act programs). Makes participants, crew leaders, and volunteers responsible to, and the responsibility of, the program agency administering the project. Provides that participants and crew leaders shall not be considered Federal employees, except for purposes of work-related injuries, tort claims procedure, and allowances for quarters. Authorizes appropriations for FY 1991 through 1995 to carry out this title. Title III: National Service Demonstration Program - National and Community Service Demonstration Act - Directs the National Service Board, not later than one year from the date of enactment of this title, to make grants to States to create full-time and part-time national service demonstration programs. Limits authorization to exercise an alternative voucher option to no more than 25 percent of the States. Requires that at least 25 percent of funded programs include full-time, part-time, and special senior service participants. Limits the number of States authorized to operate full-time or part-time programs in specified fiscal years. Requires program participants to perform national service to meet unmet educational, human, environmental, and public safety needs, especially those relating to poverty. Sets forth various authorized types of such national service. Requires part-time volunteers to agree to serve for: (1) at least three years but not more than six years, at the individual's discretion; and (2) two weekends a month and two weeks during the year, or an average of nine hours per week. Requires full-time volunteers to agree to serve for: (1) at least one year but not more than two years, at the individual's discretion; and (2) at least 40 hours per week. Requires special senior service participants to serve either part-time or full-time as allowed by the Board. Authorizes the Board to provide a participant with a portion of specified financial assistance if the State releases the participant from completion of service for compelling personal circumstances. Allows individuals to serve part-time if they are: (1) age 17 or over; and (2) U.S. citizens or lawful permanent U.S. residents. Requires States, in selecting part-time participants, to give priority to applicants who are currently employed. Allows individuals to serve full-time if they: (1) are age 17 or over; (2) have received a high school diploma or equivalent, or agree to work toward it while participating; and (3) are U.S. citizens or lawful permanent U.S. residents. Allows individuals to serve as special senior service members if they: (1) are age 60 or over; and (2) meet eligibility criteria established by the Board. Directs the Board to provide to each participant annually a nontransferable voucher equal to: (1) $3,000 for each year of part-time service; and (2) $8,500 for each year of full-time service. Makes special senior service participants ineligible for such vouchers. Limits use of such vouchers to payment of: (1) a student loan; (2) downpayment or closing costs for a first home; or (3) tuition at an institution of higher education on a full-time basis, or expenses of full-time participation in an approved apprenticeship program. Allows some States to apply to the Board for authorization to offer an alternative option limiting voucher use to either those education or those housing purposes. Excludes such vouchers from gross income for specified Internal Revenue Code purposes. Requires that each full-time participant receive a living allowance and health insurance. Requires that each full-time special senior service participant receive an equivalent living allowance and such other assistance as the Board considers necessary and appropriate. Requires that each participant receive three weeks of specified training conducted by the Board in cooperation with the State. Authorizes States to provide additional training. Requires that each participant receive additional training from the sponsoring organization in relevant skills. Sets forth prohibited and allowable uses of Federal funds. Requires each State receiving funds under this title to provide to each full-time participant in-service educational services and materials to enable such participant to obtain a high school diploma or equivalent. Sets forth provisions relating to the treatment of such vouchers or living allowances for purposes of certain student aid determinations under the Higher Education Act of 1965. Authorizes appropriations for FY 1991 through 1995 to carry out this title. Title IV: Corporation for National Service - Establishes the Corporation for National Service (the Corporation), as a nonprofit corporation that shall not be considered an agency or establishment of the U.S. Government. Declares that the Corporation shall be directed by a National Service Board consisting of members appointed by the President, by and with the advice and consent of the Senate. Directs the Corporation, pursuant to title III of this Act, to: (1) issue housing and education vouchers; and (2) establish living allowances, taking account of variations in the cost of living. Requires each State receiving funds under specified provisions of this Act to report annually to the Board on the status of national and community youth service programs in that State and on compliance with specified nonduplication and nondisplacement requirements. Authorizes States to require local grantees to supply necessary information for such reports. Requires the Board to report annually to specified congressional committees. Requires each State applying for funds under titles IA, II, or III of this Act to form a State Advisory Board for National and Community Service, with members appointed by the Governor. Sets forth State board duties, including coordinating service programs with related programs, disseminating information, recruiting participants, and developing materials and activities. Directs the National Board to provide for continuing evaluation of programs assisted under titles II and III of this Act. Sets a deadline for the evaluation of title III programs' effectiveness in reaching specified objectives. Directs the Board to: (1) administer programs under titles II and III; (2) provide training and technical assistance; (3) provide one or more service information clearinghouses; (4) consult with appropriate Federal agencies; and (5) arrange for program evaluation. Authorizes the President to make Presidential Awards for service to: (1) individuals demonstrating outstanding community service; and (2) outstanding service programs. Authorizes one individual award and one program award in each congressional district, and one statewide program award in each State. Provides for dissemination of information on such individuals and programs. Directs the President to design a comprehensive Federal service strategy including specified elements. Title V: Expansion of Volunteers in Service to America - VISTA Expansion Act of 1989 - Amends the Domestic Volunteer Service Act of 1973 to authorize appropriations increasing amounts for FY 1990 through 1993 for the Volunteers in Service to American (VISTA) program. Title VI: National Older Americans Volunteer Programs - National Older American Volunteer Programs Expansion Act of 1989 - Amends the Domestic Volunteer Service Act of 1973 to require the Director of the ACTION Agency to establish, within each National Older American Volunteer Program, grants to support activities that address national problems on a local level. Sets forth award criteria and grant uses. Gives grant priority for activities assisting: (1) those with chronic debilitating illnesses such as AIDS; (2) drug and alcohol abuse prevention and treatment; (3) teenage parents; (4) mentoring of youth needing guidance; (5) adult and school-based literacy; (6) respite care; (7) before and after-school programs serving children of working parents; (8) boarder babies; (9) child care, especially of children with special needs; and (10) developmentally disabled adult individuals (and, when appropriate, involvement of such individuals as volunteers). Limits funding of such grants to those years when program funding is increased by a specified amount. Authorizes appropriations in increasing amounts for FY 1990 through 1993 for: (1) the Retired Senior Volunteer Program; (2) the Foster Grandparent Program; and (3) the Senior Companion Program.

Bill· SS. 1412 (101st)referred

Essential Air Service Preservation Act of 1989

United States · United States Congress · 26 July 1989

Essential Air Service Preservation Act of 1989 - Amends the Internal Revenue Code to make funds from the Airport and Airway Trust Fund available for the essential air transportation program under the Federal Aviation Act of 1958. Authorizes the Secretary of Transportation to enter into contracts and agreements to provide essential air services prior to September 30, 1998.

Resolution· SCONRESS.Con.Res. 56 (101st)referred

A concurrent resolution relating to the establishment of new comprehensive national aviation policy for the United States.

United States · United States Congress · 25 July 1989

Declares it is U.S. policy to provide a national air transportation system which: (1) enhances the general welfare and security of the United States; and (2) is free of regulations which unreasonably burden or restrict the right of citizens to travel by air. Requires the President to submit to the Congress a plan for a new comprehensive national aviation policy.

Bill· SS. 1387 (101st)referred

Alternative Agricultural Products Research Act of 1989

United States · United States Congress · 24 July 1989

Alternative Agricultural Products Research Act of 1989 - Establishes in the Department of Agriculture the New Products Research Board to be administered by the Assistant Secretary of Agriculture for Science and Education. States that the Board shall advise the Assistant Secretary with respect to research project selection and evaluation under this Act. Authorizes a plant modification research program focusing on the development and production of new (non-food and -fiber) industrial and commercial products. Gives priority to biotechnological research projects. Sets forth project selection criteria. Authorizes FY 1990 through 2008 appropriations.

Bill· SS. 1361 (101st)open

A bill to amend title 38, United States Code, to require that burials be permitted in national cemeteries on weekends and holidays under certain conditions, and for other purposes.

United States · United States Congress · 20 July 1989

Directs the Secretary of Veterans Affairs to permit burials in national cemeteries on weekends and holidays, as long as the individuals arranging such burials agree to pay the total costs involved. Directs the Secretary to permit arrangements to be made on weekends and holidays for burials in national cemeteries on weekdays.

Bill· SS. 1358 (101st)referred

A bill to amend the Social Security Act to take into account monthly earnings in determining the amount of disability benefits payable to a recipient of disabled adult child's benefits and certain other beneficiaries and to provide for continued entitlement to disability and Medicare benefits for such individuals, and for other purposes.

United States · United States Congress · 19 July 1989

Title I: Special Status for Persons with Disabilities Whose Earnings Exceed Substantial Gainful Activity - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to continue an individual's entitlement to disability benefits and disability-based child's insurance benefits (other than those based on blindness) while such individual is under a special status, meaning that such individual is earning enough to be considered engaged in substantial gainful activity (currently, $85 per month), but would otherwise continue to satisfy eligibility requirements. Reduces such monthly benefits by 50 percent of a beneficiary's monthly earnings in excess of $85. Applies Supplemental Security Income (SSI) program (title XVI of the Social Security Act), rather than OASDI, benefit reduction rules to the total benefits of an individual who is entitled to disability-based child's insurance benefits and SSI benefits. Prohibits the recovery of overpayments from persons on the same wage record as an individual whose disability-based child's insurance benefits are reduced to recover overpayments resulting from the failure to take such individual's wages into account. Extends to current OASDI disability beneficiaries the rule preventing reductions in the primary insurance amount for prior recipients. Title II: Amendments to Section 1619 of the Social Security Act - Amends the SSI program to deem OASDI disability benefiticaries who lose disability benefits after their trial work period to have been eligible for SSI benefits and thus qualified to participate in the SSI work incentive program if yet disabled. Title III: Conforming Amendments Relating to Title XVI - Excludes spousal income and all costs of attendant care in determining whether a disabled individual should be considered as receiving SSI benefits for Medicaid (title XIX of the Social Security Act) eligibility purposes. Excludes impairment-related work expenses from an individual's income in determing the amount of, and his or her eligibility for, a State supplementary payment under the SSI program. Preserves the Medicaid eligibility of individuals who become ineligible for SSI benefits due to a cost-of-living increase in OASDI benefits. Eliminates the requirement that an individual be under age 65 to be considered to be receiving SSI benefits for Medicaid eligibility purposes. Requires States to provide supplementary payments to individuals participating in the SSI work incentive program. Treats royalties, grants, honorariums, scholarships, and fellowships as earned income for SSI eligibility purposes. Title IV: Amendments Relating to Medicare and Medicaid Programs - Amends the OASDI program to set a four-year limit on the Medicare hospital insurance (part A of the Medicare program) eligibility of individuals who owe their eligibility to their special status under the OASDI program. Amends the Medicare program to authorize such individuals to enroll for hospital insurance benefits upon the termination of such four-year limit, provided they enroll for Medicare supplementary insurance benefits under part B. Gives such option to the blind when their hospital insurance eligibility is set to expire. Amends the Medicaid program to cover Medicare cost-sharing amounts for individuals of special status and the blind who are entitled to enroll for Medicare hospital insurance benefits and whose income and resources do not exceed 250 or, at the State's option, 350 percent of the Federal poverty level and the SSI resource eligibility limit, respectively. Requires States to collect a coinsurance percentage from such individuals pursuant to a sliding scale which increases such percentage from 0 to 100 percent in reasonable increments as incomes move from 150 to 250 or 350 percent of the Federal poverty level.

Bill· SS. 1350 (101st)referred

Great Lakes Maritime Trade Act of 1989

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.

Bill· SS. 1349 (101st)referred

A bill to amend the Internal Revenue Code of 1986 to exclude small transactions and to make certain clarifications relating to broker reporting requirements.

United States · United States Congress · 18 July 1989

Amends provisions of the Internal Revenue Code relating to returns of brokers to provide that specified tangible personal property (including works of art, rugs, antiques, metals, gems, stamps, coins, alcoholic beverages, and guns) shall not be included in reported brokered property. Provides that except for stocks, bonds, and other intangible personal property, broker reporting requirements shall apply only to transactions the gross proceeds of which are more than $10,000.

Resolution· SCONRESS.Con.Res. 54 (101st)referred

A concurrent resolution relating to a White House conference on water resources.

United States · United States Congress · 18 July 1989

Expresses the sense of the Congress that the President should convene a White House conference on water resources to focus national attention on water and the need to develop a national policy which ensures its availability for current and future generations.

Bill· SS. 1310 (101st)referred

National Literacy Act of 1990

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.

Bill· SS. 1297 (101st)referred

Small Day Care Center Assistance Act

United States · United States Congress · 12 July 1989

Small Day Care Center Assistance Act - Amends the Federal National Mortgage Association Charter Act and the Federal Home Loan Mortgage Corporation Act to define the term "mortgage" to include a mortgage secured by a one-to-four family residential property that is occupied as a residence and in which child care service is legally provided.

Bill· SS. 1291 (101st)open

Library Services and Construction Act Amendments of 1989

United States · United States Congress · 11 July 1989

Library Services and Construction Act Amendments of 1989 - Amends the Library Services and Construction Act (the Act) to revise its programs and extend the authorization of appropriations. Authorizes appropriations for FY 1990 through 1994 for grants (or activities) relating to: (1) library services; (2) public library and construction technology enhancement; (3) interlibrary cooperation and resource sharing; (4) library services for Indian tribes; (5) foreign language materials acquisition; (6) library literacy programs; and (7) evaluation and assessment. Revises allocations to Indian tribes and to Alaskan native villages, regional corporations, and village corporations. Provides for interlibrary cooperation and resource sharing under long-range State programs. Directs the Secretary of Education (the Secretary) to: (1) coordinate specified programs; and (2) give the head of the State library administrative agency opportunity for comment on applications for foreign language and for library literacy grants before the award, to assure that the purposes of such grants are consistent with the long-range State program. Permits each State library agency, in FY 1990 and every fifth year thereafter, to review its expenditures under the programs from State and local sources and file with the Secretary a statement to establish a current, revised expenditure level to be used for measuring maintenance of effort. Requires library service programs to provide for assistance to libraries: (1) in developing intergenerational library programs matching older volunteers with libraries interested in developing after school literacy and reading skills programs for unsupervised school children; (2) in extending for mobile library services and programs to licensed or certified child-care providers or centers; (3) in establishing model library literacy centers to reduce the number of functionally illiterate individuals and help them reach full employment; and (4) in making effective use of technology to improve services. Authorizes a State, in carrying out its library services program, to make subgrants to library systems or networks which include libraries other than public libraries, if the purpose of the subgrant is to improve services for public library patrons. Allows States to ratably reduce payments to major urban resource libraries only under specified conditions. Revises services for institutionalized individuals under certain maintenance of effort requirements to make them services to handicapped individuals generally. Requires State library services programs to provide assistance to public libraries for technology enhancement to improve services. Provides for grants to develop the technological capacity of libraries for interlibrary cooperation and resource sharing. Requires that public library construction projects follow policies and procedures that will promote the preservation of library and information resources in such facilities. Requires that a statewide resource sharing plan be directed toward attaining compliance with specified provisions. Authorizes the State long-range interlibrary cooperation and resource sharing program to: (1) include a statewide preservation cooperation plan; and (2) identify the preservation objectives to be achieved during the period covered by the long-range plans. Authorizes: (1) the use of funds to carry out such preservation cooperation plan; and (2) part or all of such preservation program to be contracted to other agencies or institutions. Raises the maximum limit on the amount of a single Library Literacy Program grant from $25,000 to $35,000. Authorizes the Secretary, directly or by grants or contracts, to evaluate and assess programs under the Act. Retitles title I of the Act as Public Library Services.

Resolution· SCONRESS.Con.Res. 53 (101st)open

A concurrent resolution concerning Iranian persecution of the Baha'is.

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.

Resolution· SCONRESS.Con.Res. 52 (101st)referred

A concurrent resolution to express the sense of the Congress that science, mathematics, and technology education should be a national priority.

United States · United States Congress · 23 June 1989

Expresses the sense of the Congress that science, mathematics, and technology education should be a national priority (with emphasis on an educated citizenry, curriculum planning, teacher preparation, and service to traditionally underserved students, including those from inner cities and remote areas).

Bill· SS. 1227 (101st)open

Missile Control Act of 1989

United States · United States Congress · 22 June 1989

Missile Control Act of 1989 - Amends the Arms Export Control Act to set forth measures the United States shall take to improve the control and reduce the proliferation of missiles and missile equipment and technology. Requires the Secretary of State and Secretary of Defense to deny government contracts to any domestic or foreign firms or state entity that has transferred missile equipment and technology in violation of the Missile Technology Control Regime (MTCR) guidelines. Directs the Secretary of State to report to the Congress annually on transfers of missile equipment and technology MTCR nonadherents. Amends the Export Administration Act of 1979 to require the Secretary of Commerce to direct the Office of Export Licensing to refer all license applications for the export of items on the MTCR annex, excluding those directed to MTCR adherents and NATO programs, to the Secretary of State and, if requested, to the Secretary of Defense. Directs the Secretary of Commerce to establish a procedure that would permit the Secretaries of State and Defense to have access to computer lists of license applications for missile equipment and technology. Provides for licensing of missile equipment and technology exports. Requires the Secretary of Commerce to report to the Congress annually on requests for and the granting of missile equipment and technology export licenses.

Bill· SS. 1223 (101st)open

Oil Spill Cleanup and Enforcement Act of 1989

United States · United States Congress · 22 June 1989

Oil Spill Cleanup and Enforcement Act of 1989 - Amends the Clean Water Act to make technical amendments to a provision concerning judicial relief for discharges of oil or hazardous substances which threaten public health or welfare or the environment. Makes persons who fail to comply with presidential orders regarding such discharges subject to fines of up to $25,000 per day of violation. Exempts presidential determinations concerning such discharges from judicial review. Authorizes the reimbursement of persons in compliance with presidential orders. Makes persons who fail to provide removal actions for such discharges liable to the United States for punitive damages in an amount at least three times the amount of costs incurred by the United States as a result of such failure to take action. Prescribes penalties of up to $25,000 per day or $1,000 per barrel of oil or hazardous substance (currently, up to $5,000 for each offense) for discharges of oil or hazardous substances on U.S. navigable waters, shorelines, or waters of the contiguous zone. Requires penalties of at least $250,000 to be imposed where the discharge was the result of willful negligence, willful misconduct, or a violation of applicable safety, construction, or operating regulations. Repeals a provision which prohibits the assessment of civil penalties under two sections of the Clean Water Act for the same discharge. Prohibits persons who knowingly fail to provide notice of any discharge to the U.S. Government from being entitled to any of the defenses to liability under such Act. Directs (currently, authorizes) the President to arrange for the removal of oil or hazardous substances discharges on U.S. navigable waters, shorelines, or waters of the contiguous zone. Revises provisions concerning liability for removal costs to make responsible parties jointly and severally liable for: (1) all removal costs incurred by the U.S. Government or a State; (2) any removal costs incurred by any other person, consistent with the National Contingency Plan; and (3) all damages for economic loss or loss of natural resources resulting from such discharges. Makes the U.S. Government or any State liable for injuries or destruction to their respective natural resources resulting from such discharges. Requires the President or the authorized State representative to act as trustee of such natural resources to recover any damages. Prohibits double recovery for such damages. Authorizes the Secretary of the department in which the Coast Guard is operating to assess administrative penalties for certain violations of the Clean Water Act.

Bill· SS. 1224 (101st)open

Motor Vehicle Fuel Efficiency Act of 1990

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.

Bill· SS. 1226 (101st)referred

Pornography Victims' Compensation Act of 1989

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.

Bill· SS. 1210 (101st)open

National Sediment Contamination Survey Act of 1989

United States · United States Congress · 20 June 1989

National Sediment Contamination Survey Act of 1989 - Amends the Federal Water Pollution Control Act to require the Administrator of the Environmental Protection Agency to conduct a comprehensive national survey of bottom sediment contamination in all lakes, rivers, harbors, estuaries, and streams of the United States and report findings to the Congress. Authorizes appropriations.

Bill· SJRESS.J.Res. 157 (101st)referred

A joint resolution designating June 16, 1989, as "Soweto Remembrance Day".

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.

Bill· SS. 1183 (101st)open

Democracy in Eastern Europe Act of 1989

United States · United States Congress · 14 June 1989

Democracy in Eastern Europe Act of 1989 - Amends the Trade Act of 1974 to remove Poland from the list of countries ineligible for designation as beneficiary developing countries. Requires the Overseas Private Investment Corporation to support projects in Poland and Hungary to enhance the nongovernmental sector and reduce state involvement in the economy. Authorizes appropriations for FY 1990 and 1991 to implement the 1987 United States-Polish science and technology agreement. Authorizes additional appropriations for FY 1990 and 1991 to carry out the Foreign Assistance Act of 1961 to be available only for: (1) the provision of medical supplies and hospital equipment to Poland and for training of Polish medical personnel; and (2) unconditional support of democratic institutions in Poland and Hungary. Expresses the sense of the Congress that the President should: (1) encourage privately administered educational and cultural exchanges between the United States and Poland and the United States and Hungary through the International Research and Exchanges Board, the National Academy of Sciences, the Fulbright Educational Exchange Program, and the United States Information Agency; (2) consider establishing reciprocal cultural centers in the United States and such countries to facilitate government and privately funded educational exchanges; and (3) consult with western allies and Japan on establishing a comprehensive economic recovery program in Hungary and Poland in the context of binding commitments by such countries to establish democracies and free economies.

Bill· SS. 1173 (101st)referred

A bill to amend the Internal Revenue Code of 1986 with respect to the allocation of research and experimental expenditures.

United States · United States Congress · 13 June 1989

Amends the Internal Revenue Code with respect to the allocation and apportionment of qualified research and experimental expenditures to sources within and outside the United States for income tax purposes. Requires that any such expenditures made solely to meet a political jurisdiction's legal requirements concerning products or processes unlikely to yield extrajurisdictional income be allocated only to income within that political jurisdiction. Increases from 50 to 67 percent the amount of research and experimental expenditures that a company must allocate to income from U.S. sources. Requires companies to report on a consolidated basis with respect to the expenditures associated with these source rules.

Bill· SJRESS.J.Res. 155 (101st)referred

A joint resolution designating June 23, 1989, as "United States Coast Guard Auxiliary Day".

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.