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United States · Official source
2,495 records where Sen. Gorton, Slade [R-WA] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 4 August 1989
Amends the Volunteers in the National Act of 1972 to authorize the Forest Service to pay the claims of Forest Service volunteers for personal property damage or loss while performing volunteer service as if such volunteers were Federal employees.
United States · United States Congress · 4 August 1989
Legislative Line Item Veto Act of 1989 - Amends the Impoundment Control Act of 1974 to grant the President legislative line item veto rescission authority. Authorizes the President to rescind all or part of any budget authority if the President determines that such rescission: (1) would help balance the Federal budget, reduce the Federal budget deficit, or reduce the public debt; (2) will not impair any essential Government functions; and (3) will not harm the national interest. Requires the President to notify the Congress of such a rescission by: (1) special message not later than 20 calendar days after enactment of appropriations legislation; or (2) special message accompanying the budget when such rescissions have not been proposed previously for that fiscal year. Makes such a rescission effective unless the Congress, during a review period of 20 calendar days, enacts a rescission disapproval bill. Describes: (1) information to be included in the President's message; and (2) procedures to govern consideration of rescission disapproval legislation in the Senate and the House of Representatives.
United States · United States Congress · 4 August 1989
Amends Federal copyright law to permit the unlicensed viewing of videos in a hospital, hospice, nursing home, or other group home providing health care if the institution: (1) provides long-term health care services to individuals on a regular basis; and (2) serves as a temporary or permanent home for such individuals. Prohibits such institutions from levying a direct charge for the video viewing and from transmitting such video viewing via closed-circuit television or other means.
United States · United States Congress · 4 August 1989
Prohibits the Environmental Protection Agency (EPA) from enforcing, during the 12-month period following the enactment of this Act, its underground petroleum storage tank financial responsibility regulations promulgated pursuant to the Solid Waste Disposal Act with respect to certain underground tank owners. Permits enforcement after such period if the Administrator of the EPA determines that such enforcement would not impose an unjust economic burden on the owners. Requires the Administrator to conduct a study for the purpose of identifying the principal economic difficulties associated with compliance by underground tank owners with EPA technical standards for such tanks. Directs the Administrator to report the results of such study to specified congressional committees.
United States · United States Congress · 4 August 1989
Designates November 12 through November 18, 1989, as National Glaucoma Awareness Week.
United States · United States Congress · 4 August 1989
Designates October 1989 as Italian-American Heritage and Culture Month.
United States · United States Congress · 4 August 1989
Requests: (1) the Soviet Union to release the prison records of Raoul Wallenberg and account for his whereabouts; and (2) the President to pursue such release and accounting through diplomatic actions with the Soviet Union.
United States · United States Congress · 4 August 1989
Urges the President to ensure that the United States does not submit a proposal to include maritime transportation in the forthcoming General Agreement on Tariffs and Trade (GATT) discussions regarding trade-in-services industries and to oppose any proposals by foreign nations which are similar or which could result in a contraction of the U.S.-flag merchant marine.
United States · United States Congress · 3 August 1989
Amends the Internal Revenue Code to exclude from the gross income of an individual the following qualified employer-provided transportation benefits: (1) the value of transportation in a commuter highway vehicle between the employee's residence and workplace; and (2) up to $30 per month of the value of any transit pass entitling the employee to transportation on mass transit facilities.
United States · United States Congress · 3 August 1989
Clean Air Act Amendments of 1989 - Title I: Provisions for Attainment and Maintenance of National Ambient Air Quality Standards - Amends the Clean Air Act to authorize the Administrator of the Environmental Protection Agency (EPA), after promulgating a new or revised national ambient air quality standard, to require States to submit air quality implementation plans. Requires State Governors to designate areas within a State as nonattainment, attainment, or unclassifiable, with regard to air quality standards, and to submit such designations to the Administrator. Authorizes the Administrator to modify such designations, as necessary. Designates areas currently required to be listed under the Clean Air Act as nonattainment, attainment, or unclassifiable areas, as specified. Provides for the redesignation of areas, as appropriate. Prohibits the redesignation of any area from nonattainment to unclassifiable. Directs State Governors to submit to the Administrator a list of areas designated or redesignated as carbon monoxide and ozone attainment, nonattainment, and unclassifiable areas. Designates: (1) areas identified (in 52 Federal Register 29383) as Group I areas as particulate matter 10 (PM-10) nonattainment areas; (2) counties containing sites for which air quality monitoring data show a violation of national air quality standards for PM-10 before 1989 as PM-10 nonattainment areas; and (3) areas not meeting either description as PM-10 unclassifiable areas. Authorizes the Administrator to require States to designate areas with respect to the national air quality standard for lead. Permits the Administrator, with respect to attainment or unclassifiable areas, to require States to submit implementation plans that provide for the maintenance of such standards. Makes technical amendments to provisions concerning plan requirements. Sets forth provisions for plan approval and revisions. Requires plans to provide for attainment of national air quality standards in nonattainment areas within three years of this Act's enactment or within five years of a finding of substantial inadequacy. Retains a moratorium on construction or modification of major stationary sources in certain areas until such areas meet applicable requirements concerning permit programs or attainment standards for sulfur oxides. Repeals provisions concerning: (1) extensions of time for plan submissions and attainment dates; (2) requirements concerning parking surcharges and transportation regulations; and (3) suspensions of certain plan requirements. Requires the Administrator to publish a triennial (currently, annual) document which sets forth applicable requirements of the implementation plan for each State. Revises provisions concerning stack heights to require such heights to equal the height prescribed by the Administrator (currently, the height shall not exceed two and a half times the height of the source), unless the owner or operator demonstrates the need for the greater height and such source has met applicable emissions standards. Sets the date of attainment of national air quality standards for a nonattainment area at five years from the date such area was designated. Authorizes the Administrator to extend such attainment date, provided that such extension does not exceed 20 years and that no more than two extensions are granted to a single area. Requires States to submit nonattainment plans within three years of the designation of an area. Makes technical amendments to provisions concerning nonattainment plan requirements. Authorizes the issuance of a permit to construct or operate a new source if demonstrated that the benefits of such source significantly outweigh environmental and social costs. Prohibits the use of existing growth allowances in areas which are notified that implementation plans containing such allowances are substantially inadequate. Requires States containing ozone or carbon monoxide nonattainment areas, together with local officials of such areas, to review and update, as necessary, planning procedures for such areas. Authorizes States, in the case of areas included in more than one State, to implement jointly such planning procedures. Provides that maintenance plans required as preconditions to area redesignations shall provide for maintenance of air quality standards for at least ten years after a redesignation petition is submitted to the Administrator. Authorizes the Administrator, whenever it is determined that the interstate transport of air pollutants from one or more States contributes significantly to a violation of an air quality standard in such States, to establish a transport region for such pollutants within such States. Requires the Administrator to establish a transport commission for each such region to: (1) assess the degree of interstate transport of the pollutant or precursors to the pollutant throughout the transport region; (2) assess strategies for mitigating the interstate pollution; and (3) recommend to the Administrator such measures as may be necessary to ensure that State plans meet requirements of this Act. Permits such commissions to request the Administrator to issue a finding that one or more of the States in a transport region have inadequate implementation plans. Applies program cost limitations for interstate air quality agencies to such commissions. Imposes the following sanctions on States which fail to comply with requirements concerning nonattainment areas: (1) a moratorium on the construction or modification of any major stationary source of the relevant pollutants in the nonattainment area, or with respect to ozone, the nonattainment area and the area within 25 miles of the nonattainment area; (2) restrictions on Department of Transportation assistance to such areas; (3) restrictions on the provision of new drinking water service in such areas; or (4) a withholding of all or part of assistance for air pollution planning and control. Requires States which fail to attain air quality standards by the required attainment date to submit plan revisions. Prohibits the construction or modification of any major stationary source of a pollutant in a nonattainment area after 1992 or 42 months after the designation of such area, whichever is later, unless the Administrator has approved a plan submission for such area. Authorizes the Administrator to promulgate a Federal implementation plan if any State fails to make a required submission or such submission is not approved. Classifies ozone nonattainment areas as Marginal, Moderate, Serious, and Severe, based upon the amount by which the air quality standard is exceeded in the area. Authorizes the Administrator to adjust the classification of areas which would be classified in another area if the ozone level were five percent greater or less. Prohibits more than two one-year attainment extensions from being issued for a single nonattainment area. Sets forth the following attainment dates: (1) December 31, 1995, for Marginal and Moderate areas; (2) December 31, 2000, for Serious areas; and (3) December 31, 2010, for Severe areas. Provides for the reclassification of areas which fail to meet required standards. Requires States in which Marginal areas are located to submit to the Administrator a current inventory of actual emissions from all sources. Directs such States to submit plan revisions to require: (1) correction requirements for available control technology; (2) a vehicle inspection and maintenance program; (3) permits for the construction and operation of new or modified stationary sources; (4) triennial inventories; and (5) emissions statements from owners or operators of stationary sources of oxides of nitrogen or volatile organic compounds (VOCs). Waives requirements for the submission of triennial inventories for sources which emit less than 25 tons annually of nitrogen oxides or VOCs if the State provides an emissions inventory for such sources to the Administrator. Requires States in which Moderate areas are located to submit plan revisions which provide for emission reductions, by December 31, 1995, of at least 15 percent from baseline emissions. Prohibits the following measures from being credited to the 15 percent reduction: (1) measures relating to motor vehicle tailpipe or evaporative emissions promulgated by the Administrator; (2) regulations concerning Reid Vapor Pressure promulgated by the Administrator; (3) measures concerning required corrections to implementation plans; and (4) measures concerning motor vehicle inspection and maintenance. Provides that plan revisions shall require: (1) the implementation of reasonably available control technology with respect to all VOC sources covered by a Control Techniques Guideline document and all sources with the potential to emit at least 100 tons annually of VOCs; and (2) owners and operators of gasoline dispensing systems to install and operate systems for gasoline vapor recovery of emissions from the fueling of motor vehicles. Sets forth deadlines for the installation of such systems. Requires States in which Serious areas are located to submit the same plan revisions as those applicable to Moderate areas. Directs such States, by December 31, 1995, to submit revisions to provide for: (1) the attainment of the ozone air quality standard by the applicable attainment date; and (2) certain VOC emissions reductions from the baseline emissions averaged over three-year periods, beginning in 1996. Sets forth provisions concerning creditable emissions reductions. Permits such revisions to provide for combined VOC and nitrogen oxide emissions reductions (in lieu of sole VOC reductions) that would result in reductions equivalent to those required for VOC emissions from the baseline level. Requires such States to revise plans to provide for programs to reduce hydrocarbon emissions from in-use motor vehicles in urbanized nonattainment areas with populations over 200,000. Sets forth minimum requirements for such programs, including waiver and enforcement provisions. Requires States containing certain Serious or Severe areas with populations over 250,000 to submit plan revisions to ensure the implementation of clean-fuel vehicle programs, including measures to make the use of clean alternative fuels economical for owners. Permits the Administrator to approve substitutes for such programs if such substitutes will achieve equivalent reductions of ozone-producing emissions. Requires States with Serious areas in which the levels of vehicle miles traveled or congestion levels exceed levels projected for purposes of the area's demonstration of attainment or progress to submit plan revisions providing for transportation control measures. Requires States in which Severe areas are located to make the same submissions as those applicable to Serious areas and to submit an attainment demonstration by December 31, 2000. Provides that States containing non-self-generating ozone nonattainment areas that do not include or are not adjacent to metropolitan statistical areas (MSAs) shall be treated as satisfying the requirements of this Act if they make submissions required for Marginal areas. Permits the Administrator to treat such areas as non-self-generating if found that VOC and nitrogen oxides emissions within such areas do not contribute significantly to ozone concentrations in such areas or other areas. Sets forth requirements for areas reclassified as Moderate. Requires the Administrator to: (1) issue control techniques guidelines for seven categories of stationary sources of VOC emissions for which guidelines have not been issued; and (2) issue a document analyzing alternative control techniques for stationary sources of nitrogen oxides. Directs the Administrator to: (1) report to the Congress on VOC emissions from consumer or commercial products; and (2) promulgate regulations to aid in the attainment of the ozone air quality standard by decreasing emissions from such products. Authorizes such regulations to exempt health use products for which there are no suitable substitutes. Permits the transfer of enforcement authority for such regulations to States with the approval of the Administrator. Requires the Administrator to promulgate standards applicable to air pollutant emissions from loading and unloading marine tank vessels which may endanger public health or welfare. Directs the Secretary of the department in which the Coast Guard is operating to issue regulations to ensure the safety of the equipment and operations to control such emissions. Prohibits States from adopting any less stringent emissions standards. Requires the Administrator to study and report to the Congress on whether current methodology used to establish a design value for ozone provides a reasonable indicator of the ozone air quality of ozone nonattainment areas. Subjects such study to peer review. Establishes an ozone transport region comprised of coastal States on the east coast between Maine and Maryland and the consolidated metropolitan statistical area (CMSA) including the District of Columbia. Sets a fee of $5,000 per ton of VOC emitted during a calendar year in excess of 80 percent of the baseline amount for major stationary sources in areas which fail to attain standards by the applicable date. Requires such fee to be adjusted annually. Exempts from such fee areas with populations under 200,000 if demonstrated that attainment is prevented because of ozone transported from other areas. Classifies carbon monoxide nonattainment areas as Moderate or Serious. Authorizes the Administrator to adjust such classifications under conditions parallel to those for ozone nonattainment areas. Sets forth attainment dates of December 31, 1995, and December 31, 2000, for Moderate and Serious areas, respectively. Sets forth provisions for attainment extensions and reclassifications parallel to those for ozone nonattainment areas. Requires States in which Moderate carbon monoxide areas are located to submit to the Administrator a current inventory of actual emissions from all sources. Directs such States to submit plan revisions to require: (1) vehicle inspection and maintenance programs; and (2) triennial inventories. Requires States in which Serious carbon monoxide areas are located to make the same submissions as those required for Moderate areas. Directs such States to submit plan revisions to require: (1) attainment demonstrations; (2) vehicle inspection and maintenance programs; (3) transportation control measures; and (4) the use of oxygenated fuels in CMSAs or MSAs. Classifies PM-10 nonattainment areas as Moderate or Serious. Sets forth procedures and a timetable for reclassification of such areas. Provides for attainment dates of December 31, 1994, and December 31, 2001, for Moderate and Serious areas, respectively. Sets forth provisions for attainment extensions parallel to those for ozone and carbon monoxide nonattainment areas. Permits additional extensions to be granted to Serious areas, under specified conditions. Limits such extensions to a period of five years. Authorizes the Administrator to waive any requirement or attainment date for a Serious PM-10 area if determined that anthropogenic sources of PM-10 do not contribute significantly to violations of the PM-10 standard in such area. Requires States in which Moderate PM-10 areas are located to submit plans that include a permit program for the construction and operation of new and modified PM-10 sources and a demonstration on whether attainment is practicable by the applicable date. Directs States in which Serious PM-10 areas are located to submit plans that include a demonstration on whether attainment is practicable by the applicable date and the implementation of reasonably available control measures. Sets forth a timetable for the submission of attainment demonstrations. Requires the Administrator to: (1) issue technical guidance on reasonably available control measures for urban fugitive dust and emissions from residential wood combustion and prescribed silvicultural and agricultural burning; and (2) examine other categories of sources contributing to nonattainment of PM-10 and issue any additional guidance. Directs States containing nonattainment areas with respect to air quality standards for sulfur oxides, nitrogen dioxide, or lead to submit implementation plans to the Administrator. Requires such plans to provide for: (1) attainment of such standards within five years of the date of designation or, for States without approved plans, within five years of this Act's enactment. Applies requirements of approved plans submitted by Indian tribes to all areas located within a reservation. Authorizes the Administrator to: (1) treat Indian tribes as States under the Clean Air Act, except with respect to a requirement that makes available at least one-half of one percent of annual appropriations to States; and (2) provide such tribes with grant and contract assistance to carry out air pollution control functions. Outlines requirements for such authorization. Authorizes the Administrator to promulgate other means for administering such authorities where such treatment is inappropriate. Revises provisions concerning transportation planning and guidelines to require the Administrator to update the June 1978 Transportation-Air Quality Planning Guidelines. Requires States to submit such reports as the Administrator may require concerning emissions reductions, vehicle miles traveled, congestion levels, and any other information necessary for the Administrator to assess the effectiveness, implementation, or revision of any State plan. Extends the deadlines by which the Administrator must promulgate and revise regulations concerning new source standards of performance. Sets deadlines for the promulgation of regulations for sources for which the Administrator has not proposed regulations. Applies recordkeeping, inspections, monitoring, and entry requirements to persons who manufacture emissions control or process equipment or who may have information relevant to emissions sources. Exempts from interstate pollution abatement requirements States with permit programs approved under title IV of the Clean Air Act. Exempts concentrations of particulate matter attributable to increases in fugitive emissions from surface coal mines for purposes of determining compliance with maximum allowable increases in ambient concentrations of particulate matter. Revises provisions concerning pollutant increments and preconstruction requirements to lower the ceilings on maximum allowable increases in concentrations of sulfur dioxide and particulate matter. Authorizes the Administrator, in the case of pollutants other than sulfur dioxide or particulate matter for which standards are promulgated or revised, to promulgate or revise air quality increments or other regulations to prevent the significant deterioration of air quality which would result from emissions of such pollutants. Permits the Administrator, if the indicator for the particulate matter air quality standard has been changed, to modify the maximum allowable increases in particulate matter specified under this Act. Provides that the Administrator's interpretation of State implementation plans shall, if contested by a State or other party, be given deference by a court if the interpretation concerns compliance with the requirements of the Clean Air Act and is rational. Repeals provisions concerning financial disclosure and conflicts of interest. Authorizes the Administrator to assess the risks to ecosystems from exposure to criteria air pollutants. Makes technical and conforming amendments. Title II: Provisions Relating to Mobile Sources - Directs the Administrator to promulgate regulations requiring the use of clean alternative fuel in new urban buses operated primarily in MSAs with populations over 1,000,000. Establishes a schedule for the phasing-in of such program, to require the use of such fuels by all model year 1994 buses. Limits emissions of particulate matter from such buses. Permits a delay of up to two years for the application of such requirements if the Administrator determines that such delay will advance the technology, improve the benefits, or lower the costs of the urban bus program. Requires the Administrator to establish a program to increase the number of clean-fuel vehicles in the most serious ozone nonattainment areas. Directs the Administrator to promulgate regulations to establish performance standards for such programs, based on the long-term reductions in ozone-producing and toxic air emissions anticipated to result from the use of such fuels. Requires the following amount of clean-fuel vehicles to be produced and sold: (1) 500,000 in model year 1995; (2) 750,000 in model year 1996; and (3) 1,000,000 in model years 1997 through 2004. Authorizes the Administrator to grant credits toward emissions standards compliance to manufacturers who sell clean-fuel vehicles that achieve emissions reductions greater than required or sell more of such vehicles than required. Permits such manufacturers to transfer credits to other manufacturers. Requires at least one clean fuel to be sold at service stations dispensing an average of at least 50,000 gallons per month in clean-fuel vehicle areas. Permits the Administrator, if the sale of such vehicles has created a demand for such fuels outside the areas in which they are sold, to make such fuels available in major nationwide transportation corridors. Requires clean-fuel vehicles to be sold in: (1) certain Serious or Severe ozone nonattainment areas with populations over 250,000; or (2) any other area, at the request of a State Governor and with the approval of the Administrator. Permits State Governors to request the Administrator to increase the number of clean-fuel vehicles to be sold in an area. Requires the Administrator, in developing clean-fuel regulations, to hold at least one public hearing and to consider the environmental, energy, economical, health, national security, and safety implications of such program. Authorizes the Administrator to require manufacturers, distributors, and retailers of motor vehicles or motor vehicle fuels to maintain records, make reports, and provide information regarding such vehicles and fuels. Makes such records, reports, and information available to the public, with the exception of any information considered to be a trade secret. Sets standards for emissions of: (1) hydrocarbons from light duty vehicles (passenger cars) manufactured after 1979 and light duty trucks manufactured after 1993; (2) carbon monoxide from light duty vehicles manufactured after 1980 and light duty trucks manufactured after 1993; and (3) nitrogen oxides from light duty vehicles manufactured after 1980. Applies high altitude regulations requirements to light duty trucks manufactured after 1983. Requires the Administrator to set carbon monoxide emissions standards for light duty vehicles and light duty trucks operated at 20 degrees Fahrenheit. Provides that such standards shall be met by averaging emissions levels established for engine families. Directs the Administrator, no later than December 31, 1993, to complete a study assessing the need for further reductions of carbon monoxide emissions and the maximum reductions achievable from light duty vehicles and light duty trucks manufactured after 1997 when operated at 20 degrees Fahrenheit. Authorizes the Administrator to promulgate further cold temperature regulations for carbon monoxide emissions from such vehicles and heavy duty vehicles. Permits the Administrator to promulgate regulations for evaporative emissions of hydrocarbons from gasoline-fueled motor vehicles during operation and over two or more days of nonuse, under ozone-prone summertime conditions. Requires the Administrator to study the need for and feasibility of controlling emissions of unregulated toxic air pollutants associated with motor vehicles and motor vehicle fuels. Allows the Administrator to promulgate regulations requiring: (1) manufacturers to install emissions malfunction diagnostic systems on all new motor vehicles and engines; and (2) States with implementation plans to revise such plans to provide for inspection of such systems. Revises provisions concerning the promulgation of regulations for heavy duty vehicles. Requires the Administrator to study the practice of rebuilding heavy duty engines and the impact of such rebuilding on engine emissions. Authorizes the Administrator to prescribe requirements to control rebuilding practices. Permits the Administrator to set emissions standards for nonroad engines and vehicles. Prohibits the use of emissions control systems in such engines or vehicles if the operation of such systems will cause or contribute to an unreasonable risk to public health or safety. Requires the Administrator to add test procedures to vehicle certification regulations to determine whether light duty vehicles and light duty trucks manufactured after 1992 will pass inspection methods under conditions likely to be encountered in inspection and maintenance programs. Prohibits the Administrator from granting a certificate to any vehicle or engine not passing the test. Directs the Administrator, to the maximum extent feasible, to prescribe regulations permitting manufacturers to comply with emissions standards through averaging of emissions of vehicle or engine families within a manufacturer's fleet. Requires the Administrator to apply specified standards to nonconforming emissions of: (1) hydrocarbons from light duty vehicles or engines manufactured after 1992; and (2) hydrocarbons and carbon monoxide from light duty trucks manufactured after 1993. Permits the Administrator to require a manufacturer to: (1) audit the effectiveness of repairs made to remedy such nonconformities; and (2) procure or test in-use vehicles to determine whether a notice of nonconformity or failure should be issued. Authorizes the Administrator to promulgate regulations establishing fees to recover all costs to the U.S. Government associated with vehicle or engine certification and compliance monitoring and testing and vehicle fuel economy programs under the Motor Vehicle Information and Cost Savings Act. Provides for the deposit of such fees in a special U.S. Treasury fund. Authorizes representatives of the Administrator to enter any manufacturer's establishment, at reasonable times, for purposes of inspecting or observing any activity associated with motor vehicle manufacturing or testing. Requires the Administrator to promulgate regulations to: (1) make it unlawful for any person to introduce into commerce gasoline whose Reid Vapor Pressure exceeds nine pounds per square inch; and (2) establish more stringent Reid Vapor Pressure standards to achieve comparable evaporative emissions. Provides that such regulations shall take effect no later than the high ozone season for 1992. Permits gasoline containing between nine and ten percent ethanol (by volume) to exceed the applicable Reid Vapor Pressure by up to one pound per square inch. Makes it unlawful, effective October 1, 1993, to introduce into commerce motor vehicle diesel fuel which contains sulfur in excess of .05 percent (by weight) or which fails to meet a cetane index minimum of 40. Permits the Administrator to require manufacturers and importers of diesel fuel not used in motor vehicles to dye such fuel to segregate it from motor vehicle diesel fuel. Sets a sulfur content limit for diesel used in model years 1991 through 1993 heavy duty vehicles and engines. Authorizes the Administrator to control the introduction into commerce of any fuel for nonroad engines or vehicles. Makes it unlawful for manufacturers of fuels or fuel additives to introduce into commerce, or increase the concentration in use of, any fuel or fuel additive for use in motor vehicles manufactured after 1974 which is not substantially similar to a fuel or additive utilized in the certification of any subsequent model year vehicle or engine. Requires the Administrator to promulgate regulations that allow manufacturers or fuel refiners to control emissions from motor vehicles and fuels by means different than required vapor recovery measures as long as the alternative measures achieve equivalent reductions over the same time period. Requires such regulations to establish performance standards for motor vehicles and fuels marketed in certain Serious or Severe ozone nonattainment areas with populations of at least 250,000. Permits averaging of such reductions if such averaging achieves reductions equivalent to those achieved by compliance with performance standards. Prohibits the manufacture or sale of any part which bypasses or renders inoperative any device installed on motor vehicles or engines in compliance with this title. Increases penalties for certain violations of the Clean Air Act. Authorizes the Administrator to commence a civil action to recover such penalties, subject to certain limitations. Sets forth judicial review and collection provisions, including requirements for the imposition of nonpayment penalties. Expands the scope and increases the amount of penalties for fuel regulations violations. Prohibits the introduction of leaded gasoline into any motor vehicle manufactured after 1989 which is designed solely for the use of unleaded gasoline. Repeals specified provisions concerning: (1) a study concerning aircraft emissions; (2) reporting requirements; (3) waivers of emissions standards; (4) propulsion and emissions control systems; and (5) exemptions from emissions control systems modifications. Title III: Hazardous Air Pollutants - Establishes a list of hazardous air pollutants. Provides for additions to or deletions from such list, based upon the degree to which a pollutant is known to cause cancer or any other chronic or adverse health effects in humans. Permits any person to petition the Administrator for modifications to such list. Requires the Administrator to list and establish emissions standards for all categories of major and area sources of such pollutants. Authorizes the Administrator to set emissions standards for radionuclides from such sources separately from regulating such pollutants. Requires such standards to be no less stringent than standards achieved by the best controlled similar source. Directs the Administrator to review and revise such standards, as necessary. Establishes a timetable for the promulgation of such standards, requiring standards for all categories within ten years of this Act's enactment. Requires compliance by existing sources within six years of the promulgation of such standards. Directs the Administrator, within seven years of the promulgation of such standards, to evaluate the risks remaining to public health after the promulgation of such standards. Requires the Administrator, if the application of such standards presents an unreasonable risk, to promulgate standards to protect adequately against such risk. Authorizes States with approved programs to issue permits providing for alternative emissions limitations from major sources or extensions of compliance dates for certain existing sources. Requires such limitations to be approved by the Administrator. Permits the Administrator to grant compliance extensions to sources in States without approved programs. Prohibits: (1) the construction of any new major source subject to standards under this title unless the Administrator or a State with an approved program determines that such source complies with such standards; and (2) the operation of any source subject to such standards, except in compliance with such standards. Requires the Administrator to establish and maintain an air toxics clearinghouse and centers to provide technical information and assistance to State and local agencies. Authorizes the Administrator to conduct research on methods for preventing, measuring, and controlling emissions and evaluating associated health and ecological risks. Permits the President to exempt any source from standards for up to two years if it is in U.S. national security interests to do so. Authorizes additional two-year extensions of such exemptions. Requires the President to report to the Congress on each exemption or extension. Authorizes appropriations. Directs the Administrator to study and report to the Congress on the anticipated health hazards resulting from pollutant emissions by electric utility steam generating units after imposition of this Act's requirements. Requires the Administrator to describe alternative control strategies for emissions warranting regulation under this Act. Title IV: Permits - Makes it unlawful to violate any permit requirement or to operate a source subject to standards under the Clean Air Act, except in compliance with a permit. Authorizes the Administrator to exempt sources from permit requirements if consistent with the purposes of this Act. Directs the Administrator to promulgate regulations establishing the minimum elements of a permit program to be administered by any air pollution control agency. Requires such program to include requirements for: (1) permit applications; (2) monitoring and reporting; (3) permit fees of at least $25 per ton of each regulated pollutant to be increased in accordance with the Consumer Price Index; (4) adequate personnel and funding; (5) certain authorities for the permitting authority; and (6) adequate procedures for public notice and comment on permit applications. Authorizes the Administrator to collect fees from any source if determined that the permitting authority is not adequately administering or enforcing a permit program. Requires sources that fail to pay fees to the Administrator to pay penalties of 50 percent of the fee amount plus interest. Requires such fees to be used to support the air pollution control program of a State or interstate agency. Directs State Governors to submit: (1) permit programs to the Administrator within three years of this Act's enactment; and (2) legal opinions from the attorney general that the laws of the State, locality, or interstate compact provide adequate authority to carry out such program. Sets forth approval and modification procedures for such programs. Authorizes the submission and approval of partial permit programs which meet certain minimum requirements. Provides that approval of a partial program shall not relieve a State of its obligation to submit a complete program. Sets forth interim approval, administration, and enforcement procedures. Requires owners or operators of regulated sources to submit compliance plans with permit applications and to periodically certify that such facilities are in compliance with this Act's requirements. Makes permit applications, compliance plans, monitoring reports, certifications, and permits available to the public. Requires permits to include emissions limitations and standards, schedules of compliance, and such other conditions as are necessary to assure compliance with applicable requirements. Authorizes the Administrator to prescribe procedures for determining compliance and for monitoring and analysis of pollutants regulated under this Act. Requires permits to set forth inspection, entry, monitoring, compliance certification, and reporting requirements. Authorizes permitting authorities to issue: (1) general permits covering numerous similar sources; or (2) single permits authorizing emissions from similar operations at multiple temporary locations. Requires owners or operators of temporary sources to notify the permitting authority in advance of any change in location of such sources. Authorizes the permitting authority to require separate fees for operations at each location. Allows the reissuance or modification of permits which provide for less stringent emissions limitations or other requirements under certain conditions. Requires permitting authorities to: (1) submit to the Administrator any application for alternative emissions limitations or permit modifications; and (2) notify all States contiguous to the State in which the emissions originate of each permit application and provide an opportunity for such States to submit recommendations regarding such permit. Sets forth provisions concerning: (1) issuance or denial of permits; (2) waivers of notification requirements; and (3) notifications to States regarding termination, modification, revocation, or reissuance of permits. Title V: Acid Deposition Control - Declares that the purpose of this title is to achieve nationwide reductions in annual emissions of: (1) sulfur dioxides of approximately 10,000,000 tons from 1980 emissions levels (in two phases); and (2) nitrogen oxides of 2,000,000 tons relative to levels in 2000. Directs the Administrator to transfer annual allowances to owners or operators of affected sources in amounts equal to the annual tonnage emissions limitations under this Act. Continues the allocation of such allowances to an owner or operator if an existing affected unit is removed from commercial operation. Permits the transfer of such allowances between owners or operators, subject to certain limitations. Requires the Administrator to promulgate regulations to establish an allowance system which shall provide for unused allowances to be carried forward and added to allowances for subsequent years. Provides for the trading of sulfur dioxide and nitrogen oxide allowances, including the crediting of nitrogen oxide reductions in phase I against those required in phase II. Subjects trades in nonattainment areas to the approval of the Administrator. Requires owners or operators of new units to hold allowances equal to the annual tonnage of sulfur dioxide emitted by such units after December 31, 2000. Makes such units ineligible for allocations of sulfur dioxide allowances. Permits such units to obtain allowances from any unit allocated allowances under this title. Makes it unlawful to hold or transfer any allowance, except in accordance with regulations issued by the Administrator. Lists affected sources and units and their sulfur dioxide allowances. Provides that existing steam-electric units with nameplate capacities of 100 MWe or greater that emit sulfur dioxide at a specified annual rate between this Act's enactment date and 2001 shall be considered to be affected units. Sets emissions limitations for such sources. Authorizes owners or operators of affected units to submit proposals to the Administrator to reassign sulfur dioxide emissions requirements to any other unit under their control. Sets forth approval procedures for such proposals. Provides that existing steam-electric units with nameplate capacities of 75 MWe or greater and with specified 1985 emissions rates shall be affected units for purposes of this Act after December 31, 2000. Subjects such units to specified emissions limitations after such date. Prohibits existing steam-electric units, after December 31, 2000, from exceeding annual emissions rate requirements equal to actual 1985 emissions rates. Requires nitrogen oxide emissions rate requirements to be met in the second phase by coal-fired steam-electric units with nameplate capacities of 75 MWe or greater. Sets nitrogen oxide emissions limitations for such units after December 31, 2000. Requires this title to be implemented by permits that prohibit exceedances of sulfur dioxide and nitrogen oxide emissions rates, limitations, or allowances or contravention of any permit provisions. Requires permits to be accompanied by compliance plans. Authorizes the Administrator to require: (1) a demonstration of attainment of national air quality standards for sources; and (2) an integrated compliance plan from owners or operators of two or more sources. Directs the Administrator to issue permits to listed affected sources. Sets forth permit application and approval procedures. Requires the Administrator to promulgate regulations to implement a Federal permit program for affected sources. Directs owners or operators submitting phase I permit applications and compliance plans to request certifications from State Governors that such applications and plans are in compliance with State law. Permits such certifications to preclude the use of coal produced outside the State at such sources. Waives such requirements if the Governor fails to act on such a request. Establishes deadlines for phase II sulfur dioxide emissions and nitrogen oxide emissions requirements with respect to: (1) the submission of permit applications and compliance plans; (2) the issuance of permits by States to affected sources; and (3) the issuance of allowances by the Administrator. Requires the Administrator, if a State fails to issue permits by the required deadline, to issue such permits by July 1, 1997. Directs States to submit permit programs for new units to the Administrator. Sets deadlines for the submission of permit applications and compliance plans for such units. Authorizes the submission of revised applications or plans. Makes it unlawful to: (1) fail to submit an application or plan in accordance with deadlines; or (2) operate any source, except in compliance with a permit program. Requires owners or operators of existing sources to: (1) demonstrate to the permitting authority that one or more units will be repowered with a qualifying clean coal technology by January 1, 1998; and (2) provide, as part of such demonstration, documentation of a preliminary design and engineering effort for such repowering, an executed contract for the majority of the repowering equipment, and such other information as may be required, by December 31, 2000. Grants owners or operators satisfying such requirements extensions of emissions limitations or rate requirements for such units from December 31, 2000, to December 31, 2003. Provides that qualifying sources that increase emissions of a pollutant relative to potential pre-repowering levels shall not be subject to requirements of title I of the Clean Air Act for such pollutant if the owners or operators of such sources demonstrate that the increased emissions will not: (1) cause or contribute to an exceedance in any area of a national air quality standard or of a maximum allowable increase in concentrations under such Act; (2) interfere with reasonable progress; or (3) result in an adverse impact on visibility or air quality related values in any Class I area under part C of title I of such Act. Directs the Administrator, for the period of an extension, to grant annual allowances for sulfur dioxide to the owners or operators of affected sources. Prohibits the transfer or use of such allowances by any other source to meet emissions requirements under this title. Requires owners or operators to notify the Administrator in advance of the date on which the affected unit is to be removed from operation to install repowering technology. Establishes emissions rates and allowances for such sources. Makes it unlawful to fail to comply with such requirements. Authorizes owners or operators of existing units that emit sulfur dioxide or nitrogen oxides to elect to designate such sources as affected units. Requires such designations to be submitted to the Administrator for approval. Directs the Administrator to establish a baseline for such units based on fuel consumption and operating data from 1985 through 1987. Establishes emissions limitations for such sources. Applies allowance and permit requirements for affected sources to designated affected sources. Authorizes the Administrator to establish a program for the designation of process sources as affected sources. Prohibits designated sources from transferring or banking allowances produced as a result of reduced utilization or shutdown. Makes owners or operators of affected sources that emit excess sulfur dioxide and nitrogen oxides liable for the payment of an excess emissions fee based on excess tonnage. Requires such individuals to: (1) offset the excess emissions by an equal tonnage amount in the following year or such period as the Administrator may prescribe; and (2) submit a plan to achieve such offsets to the Administrator. Directs the Administrator to: (1) deduct allowances equal to the excess tonnage from those issued for the source for the years following the year in which the excess emissions occurred; and (2) adjust the fee for inflation, based on the Consumer Price Index, beginning in 1996. Makes it unlawful for liable owners or operators to fail to comply with such requirements. Requires sources subject to this title to install and operate continuous emission monitoring systems (CEMS) and to assure the data for sulfur dioxide, nitrogen oxides, opacity, and volumetric flow for each unit. Directs the Administrator to specify the requirements for CEMS, alternative methods that provide reliable and timely information, and recordkeeping and reporting of information from such systems. Sets first and second phase deadlines for compliance with such requirements. Requires the Administrator to prescribe means for calculating emissions for any unit for which CEMS data is not available. Makes it unlawful to operate any source not in compliance with CEMS requirements. Deems excess emissions from an affected source to be a violation of this Act, with each ton emitted in excess of allowances constituting a separate violation. Requires the Administrator to assess and report to the Congress on the environmental effects of emissions reductions under this title. Directs the Federal Energy Regulatory Commission (FERC) to establish a demonstration program for regulatory incentives to promote the development of clean coal technologies and other control technologies to limit power plant emissions. Requires such incentives to include: (1) an incentive rate of return for clean coal or other technologies that recognizes their inherent risk; and (2) a ten to 20 year amortization period to recover the capital costs of such technologies. Provides that: (1) the program will have a five year life; (2) the program will cover no more than four units in each technology class; and (3) technology classes eligible for the program should be likely to realize significant cost reductions when employed. Requires FERC to review the merits of the program and determine whether it should be extended or made permanent. Requires FERC to establish a process for negotiating with potential developers of clean coal or other control technologies to agree upon cost caps for future projects and preapproval of the prudency of expenses for such projects if the expenses fall within the agreed-upon cap. Directs the Administrator to promulgate regulations to revise existing clean coal technology requirements and to facilitate clean coal projects. Requires such regulations to address physical or operational changes to existing facilities for the installation, operation, or removal of such projects. Provides that the Federal share for a qualifying project shall be at least 20 percent of the total cost of such project. Encourages States and political subdivisions which regulate public utility rates and charges to provide additional incentives for the implementation of clean coal technologies. Title VI: Provisions Relating to Enforcement - Authorizes the Administrator to issue administrative penalties for certain violations of the Clean Air Act. Makes Federal enforcement procedures currently applicable to implementation plans applicable to permit programs. Authorizes the Administrator to ask the Attorney General to commence criminal actions against violators of specified provisions of such Act. Permits the Administrator to prohibit the operation of sources for specified violations. Revises penalty provisions of, and makes technical amendments to, such Act. Establishes fines and prison sentences for knowing failures to pay fees under such Act. Doubles the maximum punishment for specified subsequent violations. Prescribes fines and up to 15 years' imprisonment, or both, for knowing releases of hazardous substances that place another person in imminent danger of death or serious bodily injury. Makes organizations responsible for such releases subject to fines of up to $1,000,000 per day for each violation. Limits the Administrator's authority to assess certain administrative penalties to matters where the total penalty does not exceed $200,000 and the first violation occurred no more than 12 months prior to the initiation of the administrative action, with specified exceptions. Authorizes the Administrator to implement a field citation program for appropriate minor violations for the purpose of assessing civil penalties of up to $5,000 per day for each violation. Sets forth provisions concerning judicial review and civil actions with respect to the assessment of such penalties. Outlines criteria to be considered by the court in determining the assessment of penalties. Authorizes the Administrator to pay rewards of up to $10,000 for information or services leading to criminal convictions or judgments of liability for violations of the Clean Air Act. Makes Federal, State, and local officials or employees ineligible for such rewards. Authorizes the Administrator to require owners or operators of sources subject to such Act to: (1) keep records on control equipment parameters, production variables, or other indirect data when direct emissions monitoring is impractical; and (2) submit compliance certifications. Directs the Administrator to require enhanced monitoring and submission of compliance certifications from owners or operators of major stationary sources. Authorizes the Administrator to apply such requirements to any other source. Makes such information available to the public. Removes an exemption for public disclosure of emission source records that may be trade secrets. Repeals a provision concerning penalties for violations of administrative orders. Authorizes the Administrator to extend a prohibition on Federal procurement from violators of the Clean Air Act to contracts performed at any facility owned or operated by such persons. (Current law prohibits such procurement for contracts to be performed at facilities where the violation occurred.) Authorizes the assessment of civil penalties for violations of such Act. Requires such penalties to be deposited in a special Treasury fund and to be available to finance air compliance and enforcement activities. Revises provisions concerning citizen suits under such Act. Requires the Administrator to take necessary measures to prevent the operation, construction, or modification of certain major emitting facilities. Makes noncomplying stationary sources subject to penalties. Title VII: Miscellaneous Provisions - Authorizes the Administrator to make grants to air pollution control agencies in amounts up to three-fifths of the total cost of programs for the prevention and control of air pollution or implementation of national standards. Grants agencies contributing less than the required two-fifths minimum three years to attain the minimum level. Reduces the Federal contribution to agencies which fail to meet such minimum. Requires at least one-half of one percent of the annual State grant appropriation to be for grants to air pollution control agencies. Prohibits agencies from receiving grants during any fiscal year when expenditures of non-Federal funds for recurrent expenditures for air pollution programs will be less than expenditures for such programs during the preceding fiscal year. Requires the Administrator to revise current regulations defining nonrecurrent and recurrent expenditures to consider exempting agencies with acceptable periodic increases from such limitations. Authorizes the Administrator to award grants to agencies not meeting such requirements if it is determined that a reduction in expenditures is attributable to a non-selective reduction in the expenditures of applicable Federal agencies. Decreases the Federal contribution to interstate air quality agencies. Repeals provision concerning annual reporting requirements. Requires the Administrator to study and report to the Congress on the role of ozone precursors in tropospheric ozone formation and control. Revises provisions (including deadlines) concerning the issuance and revision of criteria for national air quality standards. Establishes within the EPA an Air Pollutant Release Investigation Board to investigate major life-threatening releases of air pollutants. Excludes from such investigations releases associated with nuclear incidents and transportation-related releases. Requires the Board to make reports on such releases to the Congress and, upon reasonable cost, to the public.
United States · United States Congress · 3 August 1989
Designates the week of March 1 through March 7, 1990, as National Quarter Horse Week.
United States · United States Congress · 3 August 1989
Designates the periods of November 19 through November 26, 1989, and November 18 through November 25, 1990, as National Adoption Week.
United States · United States Congress · 3 August 1989
Commends the Honorable John O. Marsh, Jr., Secretary of the Army, for his dedicated and exemplary public service.
United States · United States Congress · 2 August 1989
Child Nutrition and WIC Reauthorization Act of 1989 - Title I: Programs Under the National School Lunch Act and the Child Nutrition Act of 1966 - Subtitle A: Programs Under the National School Lunch Act - Amends the National School Lunch Act (NSLA) to eliminate certain duplicate provisions. Requires that lunches served by schools participating in the National School Lunch Program offer students fluid whole milk and fluid unflavored lowfat milk. Makes certain private nonprofit organizations eligible to sponsor programs under the Summer Food Service Program for Children under specified conditions, including limitations on numbers of children served and on rural or urban sites. Requires that such organizations: (1) either use self-preparation facilities to prepare meals or obtain meals from a public facility or a school participating in the National School Lunch Program; and (2) provide ongoing year-round activities for children or families. Makes such organizations ineligible for such program when they are in areas where a school food authority or the local, municipal, or county government has indicated by March 1 of that year that it will operate such a program under the Summer Food Service Program for Children. Allows higher education institutions that participate in the National Youth Sports Program to receive payments for meals served to children under such Program during the academic year, as well as during May through September. Extends through FY 1993 the authorization of appropriations for the Summer Food Service Program for Children. Directs the Secretary of Agriculture (the Secretary) and State agencies, during FY 1990 and 1991, to disseminate information to potentially eligible private nonprofit organizations concerning the amendments made by this Act regarding the eligibility of private nonprofit organizations for the Summer Food Service Program for Children. Directs the Secretary to use funds for such summer program to institute one or more demonstration projects designed to provide year-round food service to homeless children under age six in emergency shelters. Allows private nonprofit organizations to be eligible to participate in such project under specified conditions. Limits the amounts to be expended by the Secretary for such projects. Requires such projects to commence before the end of FY 1990 and terminate at the end of FY 1992. Extends through FY 1993 the general authority for the Commodity Distribution Program (under which the Secretary provides commodities to participating schools for use in the school lunch program). Revises provisions relating to the computation of cash compensation to school districts under the Commodity Distribution Program. Abolishes the National Advisory Council on Child Nutrition. Provides that eligible organizations under the Child Care Food Program must be reimbursed for expansion into low-income or rural areas. Directs the Secretary to conduct demonstration projects to test innovative approaches to remove or reduce barriers to Child Care Food Program participation by family or group day care homes operating in low-income areas or primarily serving low-income children. Directs the Secretary and State agencies to provide training and technical assistance to help family and group day care home sponsoring organizations in reaching low-income children. Requires that meals served in adult day care programs, which are reimbursed under such day care food program, provide on the average at least one-third of the daily recommended dietary allowance. Requires such adult day care programs to make reasonable efforts to serve meals that meet the special dietary requirements of participants, including efforts to serve foods in forms palatable to them. Authorizes designation of a State agency other than that which administers the child care food program to administer the adult day care food program. Directs the Secretary to carry out, in Iowa and Kentucky, statewide demonstration projects in which private for-profit organizations providing nonresidential day care services shall qualify as institutions for purposes of the Child Care Food Program, if at least 25 percent of the children served by each such organization meet the income eligibility criteria for free or reduced price meals. Requires examination of: (1) the budgetary impact of such change ineligibility on the extent to which additional low-income children can be reached through such change; and (2) the most effective outreach methods. Requires such demonstration projects to begin on or after May 1, 1990, and to terminate on September 30, 1992. Extends until September 30, 1990, a selected State (Minnesota) demonstration project to test the nutritional and participatory impact of providing an additional meal to children staying in family or group day care homes for at least eight hours. Establishes a program of meal supplements for children in after-school care. Directs the Secretary to provide grants-in-aid and other assistance to States for such program in eligible elementary and secondary schools (which operate school lunch programs, sponsor after-school care programs, and participate in the child care food program as of May 15, 1989). Provides for reimbursement for such supplements for children who are not more than 12 years of age (or not more than 15 years of age, in the case of children of migrant workers or children with handicaps). Sets forth administrative provisions relating to payment rates, eligibility for supplements, and content of meal supplements. Extends until September 30, 1992, certain pilot projects under which school districts receive cash payments or commodity letters of credit, instead of donated commodities, under the school lunch program, and under which compensation for certain losses is authorized. Authorizes the Secretary to establish and maintain a Food Service Management Institute for research, training, technical assistance, and information clearinghouse activities. Authorizes appropriations for such Institute for FY 1990 through 1993. Establishes a unified system,to be prescribed and administered by the Secretary, for ensuring that participating local food service authorities comply with school lunch program requirements. Sets forth compliance monitoring duties of the Secretary and State educational agencies under such system, including a duty to minimize imposition of additional duties on local food service authorities. Authorizes appropriations for such compliance and accountability activities for FY 1990 through 1993. Directs the Secretary to provide to each appropriate State agency specified information on income eligibility of children to receive free or reduced price meals and on consideration of applications where the head of the household is less than 21 years old. Directs the Secretary and the Secretary of Health and Human Services to jointly develop and approve, and update as necessary, a publication on nutrition guidance for school food service programs. Directs the Secretary to distribute such publication to school food authorities and other organizations in the school lunch and school breakfast programs and ensure that meals and supplements under such programs are consistent with such guidance in that publication. Subtitle B: Programs Under the Child Nutrition Act of 1966 - Amends the Child Nutrition Act of 1966 (CNA) to provide for expansion of the School Breakfast Program. Requires State educational agencies (SEAs) to: (1) provide information to school boards and public officials on the benefits and availability of the School Breakfast Program; and (2) select each year, for informational efforts concerning such program, schools which do not participate in such program and in which a substantial portion of the enrollment consists of children from low-income families. Directs the Secretary of Agriculture (the Secretary) to report annually to specified congressional committees on Federal and State efforts to increase participation of schools in the School Breakfast Program. Directs the Secretary to use specified amounts from appropriations for such Program in FY 1990 through 1993 to make payments on a competitive basis to SEAs in a substantial number of States for startup costs of school breakfast programs at eligible schools which have a significant percentage of enrollment of children from low-income families and which agree to operate such a program for at least three years. Gives preference to SEAs that submit plans for expanding such programs or implement State laws requiring such expansion. Requires SEAs to give preference to schools in greatest need. Revises provisions for State administrative expenses to require appropriate reimbursements for the State agency administering the school breakfast program (if it is other than the SEA) and for the State agency administering commodity distribution under CNA and NSLA. Requires States to agree to participate fully in studies authorized by the Secretary in order to receive payments for State administrative expenses. Extends through FY 1993 the authorization of appropriations for such State administrative expenses payments. Sets forth additional activities and requirements with respect to the Special Supplemental Food Program for Women, Infants, and Children (WIC). Provides that income limits for the WIC program are met by persons who meet income limits for free or reduced price meals under the school lunch program, who receive food stamps or Aid to Families with Dependent Children (AFDC) or Medicaid, or who are members of a family in which a pregnant woman or an infant receives Medicaid. Requires State agencies to provide adult participants in and applicants for the WIC program with information on food stamps, AFDC, and the child support enforcement program. Requires State agencies to provide such participants and applicants also with information on Medicaid, and to refer them to Medicaid if they are not participating in it and appear to have family income below its limits. Requires State agencies to ensure that each local agency under the WIC program maintains and makes available for distribution a list of local resources for substance abuse counseling and treatment. Includes local breastfeeding promotion programs and alcohol and drug abuse treatment (as well as counseling) programs among those with which the WIC program is to be coordinated under the State plan. Requires the State WIC plan to include provisions for: (1) getting benefits to eligible persons most in need; (2) reaching eligible persons not participating with program information, eligibility criteria, and application procedures; (3) reaching and enrolling eligible women in the early months of pregnancy and eligible migrants; (4) getting program benefits to unserved infants and children under care of foster parents, protective services, or child welfare authorities, including infants exposed to drugs perinatally; and (5) nutrition education and breastfeeding promotion. Requires local WIC agencies operating within or in cooperation with a hospital to: (1) advise of the availability of WIC program benefits any potentially eligible individuals who receive inpatient or outpatient prenatal, maternity, or postpartum services, or accompany a child under age five receiving well-child services; and (2) provide an opportunity within the hospital for certification for WIC participation. Requires State agencies to notify participants, giving relevant categories, before suspending or terminating WIC benefits due to a shortage of funds. Requires State agencies for WIC to provide breastfeeding promotion materials and instruction in languages other than English. Allows State agencies to implement WIC income eligibility guidelines at the time the State implements such guidelines for Medicaid, as long as this is not later than July 1 of each year. Requires local WIC agencies to provide written information on other potential sources of food assistance in the local area to individuals who apply in person but cannot be served because the local WIC program is operating at capacity. Requires State agencies to require local WIC agencies to: (1) attempt to contact pregnant women to reschedule missed application appointments; and (2) if such agencies do not routinely do so, schedule application or recertification appointments to minimize the time of employed individuals' absence from their workplace. Extends through FY 1993 the authorization of appropriations for the WIC program. Sets forth provisions for availability and allocation of such funds. Increases the amount which may be reserved for studies, evaluations, and pilot projects. Directs the Secretary to conduct a study, and report to specified congressional committees, on WIC program access problems of low-income working or rural family members. Directs the Secretary, on completion of the 1990 decennial census and in coordination with the Secretary of Commerce, to make available an estimate, by State and county, of the number of women, infants, and children who are members of families with incomes below the maximum limit for WIC program participation. Requires the Secretary to make available in each fiscal year, from WIC program funds, an amount sufficient to guarantee a national average per participant grant to be allocated for costs of WIC nutrition services and administration incurred by State and local agencies. Sets forth formulas for adjusting such amount and for determining State allotments. Provides that remaining amounts shall be made available for specified food benefits. Authorizes the Secretary to reduce a State agency's operational level for costs of nutritional services and administration if that level exceeds the grant by more than 15 percent without good cause. Requires State agencies to expend a specified portion of WIC funds for nutrition education and breastfeeding promotion and support. Allows State agencies, under specified conditions, to convert allocations for food benefits to costs of nutrition services and administration. Sets forth provisions relating to WIC program cost containment systems. Requires States to use either competitive bidding, or an equally or more effective system of cost containment, for the procurement of infant formula. Requires the Secretary to inform specified congressional committees of waivers from such requirement. Directs the Secretary, during FY 1990, to review, and report to specified congressional committees on, the relationship between specified nutritional risk criteria and the priority system used under the WIC program. Directs the Secretary to review, and report on to the Congress by the end of FY 1990 and 1991, the appropriateness of foods eligible for purchase under the WIC program. Directs the Secretary to review, and report on to the appropriate congressional committees within one year, the effect on costs for nutrition services and administration incurred by State and local agencies of specified amendments made by this Act (including increases and decreases in imposed requirements). Prohibits the Secretary, in implementing specified amendments to the WIC program under this Act, from imposing any new requirement on a State or local agency to place additional paperwork in, or otherwise additionally document, any case file maintained by it. Revises CNA provisions for nutrition education and training. Authorizes appropriations in increasing amounts for FY 1989 through 1991 and subsequent fiscal years for such nutrition education and training programs. Subtitle C: Cross-Program Provisions - Eliminates the 20 percent commodity refusal option under the NSLA. Revises provisions for determination of total commodity assistance for the school lunch and child care food programs under the NSLA. Requires the Secretary of Agriculture (the Secretary) to estimate the total number of commodities to be delivered to each school or child care institution in the current year. Requires adjustments for differences between such prior year and current year numbers of meals served in subsequent estimations. Title II: Paperwork Reduction Amendments - Subtitle A: Reduction of Paperwork Under the National School Lunch Act - Requires that State-local agreements for carrying out the School Lunch Program under the NSLA shall be permanent agreements that may be amended as necessary, but does not limit an SEA's ability to suspend or terminate any such agreement in accordance with regulations prescribed by the Secretary of Agriculture (the Secretary). Authorizes the Secretary, State, or local food authority to verify data in the application. Authorizes any school food authority to certify any child for free or reduced price lunches, without further application, by directly communicating with the appropriate State or local agency to obtain documentation of the child's membership in a household receiving food stamps or a family receiving AFDC. Authorizes the Secretary, when appropriate, to request each school food authority in the school lunch program to report monthly to the SEA. Directs the Secretary to permit institutions that apply directly to a State agency to participate in the child care food program, at the option of the State agency, to reapply for such assistance at two-year intervals. Directs the Secretary, in carrying out the NSLA and CNA, to: (1) reduce, to the maximum extent possible, the paperwork required of SEAs, schools, and other agencies participating in child nutrition programs; (2) review and simplify application forms and instructions; (3) consult with State and local administrators in reducing and simplifying such paperwork; and (4) report within one year to the Congress on the extent of paperwork reduction in such programs. Subtitle B: Paperwork Reduction Under the Child Nutrition Act of 1966 - Eliminates duplicate provisions under CNA. Requires SEAs to disburse funds paid to the State under the Special Milk Program to schools in accordance with agreements approved by the Secretary. Requires that such agreements be permanent (amendable as necessary), but does not limit the SEAs ability to suspend or terminate any such agreement in accordance with regulations prescribed by the Secretary of Agriculture (the Secretary). Requires that State-local agreements for carrying out the School Breakfast Program be permanent (amendable as necessary), but does not limit an SEA's ability to suspend or terminate any such agreement in accordance with regulations prescribed by the Secretary. Allows local agencies under the WIC program to use a master file to document and monitor provision of nutritional education services to individuals required to be included by the agency in group nutrition educational classes. Authorizes State agencies under the WIC program to provide for delivery of vouchers to any participant not scheduled for nutrition education counseling or recertification interview through means, such as mailing, that do not require a participant to travel to the local agency. Requires State plans to describe mail issuance of vouchers. Prohibits disapproval of the mail issuance of vouchers in specified jurisdictions unless th Secretary finds that it would pose a significant threat to program integrity. Requires each State agency to conduct monitoring reviews of each local agency at least biennially under the WIC program. Requires plans for nutrition education and training to be updated annually. Title III: Technical Amendments - Subtitle A: Amendments to the National School Lunch Act - Makes various technical amendments to the NSLA, including elimination of gender-specific references. Subtitle B: Amendments to the Child Nutrition Act of 1966 - Makes various technical amendments to the CNA, including elimination of gender-specific references. Repeals specified provisions for nutrition education grants.
United States · United States Congress · 1 August 1989
Amends the Regulatory Flexibility Act to provide for: (1) judicial review of certain administrative certification decisions; and (2) regulatory flexibility analysis of Internal Revenue Service (IRS) rules. Defines "impact" to mean the effects of a proposed or final rule which an agency can anticipate at the time of publication and includes the effects imposed by such rule.
United States · United States Congress · 31 July 1989
Designates the periods of November 26 through December 2, 1989, and November 28 through December 2, 1990, as National Home Care Week.
United States · United States Congress · 26 July 1989
Safe and Decent Housing Act of 1989 - Amends the Housing Act of 1937 to permit a housing agency to waive administrative eviction hearings in cases of tenant criminal activity, including drug-related activity. Requires the agency to notify the local post office of any such tenant eviction.
United States · United States Congress · 25 July 1989
Title I - Product Liability Reform Act - Declares that this Act governs any product liability action brought against a manufacturer or product seller, on any theory, for harm caused by a product. States that a civil action brought against a manufacturer or product seller for loss or damage to a product itself or commercial loss shall be governed by applicable commercial or contract law. Supersedes any inconsistent State law regarding recovery in such actions. Lists specific laws not superseded, including: (1) defense of sovereign immunity asserted by any State or by the United States; (2) any Federal law (except the Federal Employees Compensation Act and the Longshore and Harbor Workers' Compensation Act); (3) the Foreign Sovereign Immunities Act of 1976; (4) State choice-of-law rules; (5) the right of any court to transfer venue or to apply the law of a foreign nation or to dismiss a claim of a foreign nation or citizen on the ground of inconvenient forum; and (6) any statutory or common law cause of action, including an action to abate a nuisance, that authorizes a State or person to institue an action for civil damages or civil penalties, clean up costs, injunctions, restitution, cost recovery, punitive damages, or any other form of relief from contamination or pollution of the environment or the threat of it. Declares that U.S. district courts shall not have jurisdiction over any civil action under this Act, based on specified provisions of Federal law relating to district court jurisdiction. Declares that, if any provision of this Act would shorten the period during which a manufacturer or seller would otherwise be exposed to liability, the claimant may, notwithstanding that period, bring any civil action under this Act within one year after the effective date of this Act. Title II - Allows any claimant to bring a civil action for damages against a person for harm caused by a product under applicable State law, except to the extent such law is superseded by this title. Sets forth expedited settlement measures, including: (1) an option to include an offer of settlement, for a specific dollar amount, by the plaintiff in the complaint and by the defendant in a responsive pleading; and (2) awarding attorney's fees and costs, in certain circumstances, to the prevailing party if the other party does not accept the settlement offer. Sets forth alternative dispute resolution procedures, including: (1) an option, in lieu of or in addition to a settlement offer, for a claimant or a defendant to offer to proceed under any voluntary alternative dispute resolution procedure established or recognized under the law of the State in which the action is brought or maintained; and (2) awarding of attorney's fees and costs to the offering party if the court determines that a refusal to so proceed was unreasonable or not in good faith. Creates a rebuttable presumption that a refusal to so proceed was unreasonable, or not in good faith, if a verdict is rendered in favor of the offeror. Title III - Allows a person seeking to recover for harm caused by a product to bring a civil action against the manufacturer or seller under applicable State or Federal law, except to the extent such law is superseded by this Act. Establishes a standard of product seller liability for proximate causes of harm, established by a preponderance of the evidence, which fall under the categories of negligence or express warranty. Allows the trier of facts, in a negligence action, to consider the conduct of the seller with respect to: (1) the construction, inspection, or condition of the product; and (2) failure to pass on warnings or instructions from the manufacturer. Deems the seller not liable for failure to provide warnings or instructions unless the claimant establishes that the seller failed to: (1) provide warnings or instructions received while the product was in the seller's possession and control; or (2) make reasonable efforts to provide users with warnings and instructions which it received after the product left its possession and control. Deems a seller not liable except for breach of warranty where there was no opportunity to inspect the product in a manner which would or should, in the exercise of reasonable care, have revealed the aspect which allegedly caused the harm. Declares that the seller shall be treated as the manufacturer and be liable for harm caused by a product as if it were the manufacturer if: (1) the manufacturer is not subject to service of process in any State in which the action might have been brought; or (2) the court determines that the claimant would be unable to enforce a judgment against the manufacturer. Allows punitive damages, if otherwise permitted by applicable law, to be awarded in any civil action under this title to any claimant who establishes by clear and convincing evidence that the harm suffered was the result of conduct manifesting a manufacturer's or product seller's conscious, flagrant indifference to the safety of those persons who might be harmed by a product. Declares that a failure to exercise reasonable care in choosing among alternative product designs, formulations, instructions, or warnings is not of itself such conduct. Prohibits awarding punitive damages in the absence of a compensatory award, subject to exception. Prohibits punitive damages against a manufacturer or seller of a drug or medical device where: (1) the drug or device was subject to pre-market approval by the Food and Drug Administration (FDA); or (2) the drug is generally recognized as safe and effective under conditions established by the FDA. Prohibits punitive damages against a manufacturer of an aircraft where: (1) the aircraft was subject to pre-market certification by the Federal Aviation Administration (FAA); and (2) the manufacturer complied, after delivery, with FAA requirements and obligations with respect to continuing airworthiness. Provides for separate proceedings, if requested by the manufacturer or seller, with regard to punitive damages. Lists factors the trier of fact is allowed to consider in determining the amount of punitive damages. Bars any civil action under this title: (1) unless filed within two years after the claimant discovered or should have discovered the harm and its cause, subject to exception; and (2) if the product involved is a capital good that is alleged to have caused harm which is not a toxic harm unless filed within twenty-five years after delivery of the product, provided the claimant has received or would be eligible for State or Federal workers' compensation. Excludes a motor vehicle, vessel, aircraft, or railroad used primarily to transport passengers for hire from these time limitations. States that nothing in these provisions affects the right of any person who is subject to liability under this Act to obtain contribution or indemnity from any other person who is responsible for the harm. Requires reduction in the damages awarded by the sum of all State or Federal workers' compensation benefits to which the employee is or would be entitled. Requires an action to be stayed, at the sole discretion of the claimant, until a final determination is made on the amount payable as workers' compensation benefits. Declares that, unless the manufacturer or seller has expressly agreed to indemnify or hold an employer harmless, neither the employer nor the workers' compensation insurance carrier shall have a right of subrogation, contribution, or implied indemnity against the manufacturer or seller or a lien against the claimant's recovery. Prohibits a third party tortfeasor, where workers' compensation is involved, from maintaining any action for implied indemnity or contribution against the employer, any coemployee, or the exclusive representative of the injured person. Prohibits, for a person who is or would have been entitled to receive workers' compensation, any other action, unless a State or Federal workers' compensation law permits recovery based on a claim of an intentional tort. Makes these provisions inapplicable and declares that applicable State law shall control if the employer or the workers' compensation insurer asserts a right of subrogation, contribution, or implied indemnity against the manufacturer or seller or a lien against the claimant's recovery. Declares that, in any product liability action, the liability of each defendant for noneconomic damages shall be several and not joint. Requires the trier of fact to determine the proportion of responsibility of each party for the claimant's harm. Establishes a complete defense, in any civil action under this Act in which all defendants are manufacturers or sellers, that the claimant was under the influence of alcohol or any drug and that, as a result, the claimant was more than 50 percent responsible for the event which resulted in the harm. Defines "drug" to mean any non-over-the-counter drug which has not been prescribed by a physician.
United States · United States Congress · 25 July 1989
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.
United States · United States Congress · 24 July 1989
Drug War Bond Act of 1989 - Directs the Secretary of the Treasury to issue: (1) Drug War Bonds for a three-year period with a 12-year maturity date; and (2) Drug War Stamps to evidence payments for or on account of such bonds. Amends the Internal Revenue Code to exclude the interest earned on such War Bonds from an individual's gross income. Authorizes a taxpayer to designate a specified portion of any tax overpayment or make cash contributions to the War on Drugs Trust Fund (established by this Act). Provides that as of FY 1990, unobligated funds remaining in the Department of Justice Assets Forfeiture Fund shall be deposited in the War on Drugs Trust Fund. Amends the Anti-Drug Abuse Act of 1988 to terminate the Special Forfeiture Fund. Amends the Internal Revenue Code to establish the War on Drugs Trust Fund. Transfers to such Fund: (1) proceeds from the sale of Drug War Bonds and Drug War Stamps; (2) certain cash contributions and portions of tax overpayments; and (3) amounts made available from excess monies in the Department of Justice Assets Foreifeiture Fund. Prescribes expenditures from the War on Drugs Trust Fund, including construction of Federal prison facilities and education and rehabilitation programs. Exempts receipts of and expenditures from the War on Drugs Trust Fund from: (1) statutory expenditures and lending limitations; and (2) certain orders issued under the Balanced Budget and Emergency Deficit Control Act of 1985. Requires the Secretary to report to the Congress on programs established by this Act. Directs the Attorney General to make recommendations to the Congress regarding the merits of privatizing Federal prisons. Declares that it is not in order for the Congress to consider any proposal for spending less on drug related programs than the total established for the prior fiscal year (plus an additional amount to compensate for inflation).
United States · United States Congress · 21 July 1989
Corporate Environmental Responsibility Act of 1989 - Amends the Clean Water Act to require owners or operators of vessels or onshore or offshore facilities from which oil or a hazardous substance is discharged to be assessed a civil penalty by the Secretary of the department in which the Coast Guard is operating in an amount equal to removal costs and costs for the restoration or replacement of damaged natural resources. Doubles such penalties for discharges attributable to negligence. Requires the Secretary, in the case of a discharge that was both catastrophic and attributable to negligence or misconduct of an owner or operator, to assess a civil penalty in an amount equal to 25 percent of the profits made by such individual in the preceding fiscal year or to 25 percent of the average of such profits in the preceding five fiscal years. Establishes a Resources Restoration and Environmental Fund to be used for the restoration of natural resources damaged by such discharges and for other appropriate purposes. Requires certain amounts of the penalties recovered under this Act to be deposited in the Fund. Authorizes persons who are damaged as a result of such discharges to recover from owners, operators, or importers the amount of damages directly sustained by such persons. Requires civil actions to commence within two years after the claimant has had a reasonable opportunity to discover the violation. Makes owners or operators jointly and severally liable to the U.S. Government for discharge removal costs. Provides that such costs shall constitute a maritime lien on any vessel recovered in a U.S. district court. Makes importers of oil or hazardous substances jointly and severally liable for discharges for which owners or operators are liable. Repeals provisions of the Clean Water Act concerning third party liability and recovery of removal costs.
United States · United States Congress · 20 July 1989
Emergency Chinese Immigration Relief Act of 1989 - Amends the Immigration and Nationality Act to provide for the adjustment to temporary or permanent resident status, or change to another nonimmigrant status, of certain nonimmigrant (student, exchange visitor) nationals of the People's Republic of China. (Waives the two-year home country residence requirement for "J" visa exchange visitors.) Authorizes such persons to travel abroad and to work in the United States. Establishes a deferred departure period for such persons through June 5, 1993. Authorizes the Attorney General as of June 5, 1990, to terminate such deferred departure period if the President certifies to the Congress that conditions in China have changed.
United States · United States Congress · 20 July 1989
Commends all volunteers of the United States and the Hugh O'Brian Youth Foundation.
United States · United States Congress · 19 July 1989
Designates 1992 as the Year of Clean Water and October 1992 as Clean Water Month.
United States · United States Congress · 18 July 1989
Biden-Roth-Cohen Flag Protection Act of 1989 - Amends the Federal criminal code to apply criminal penalties for desecration of the U.S. flag to maintaining the flag on the floor or ground. Eliminates knowingly casting contempt on the flag as an element of desecration.
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.
United States · United States Congress · 18 July 1989
Constitutional Amendment - Declares that the Congress and the States shall have power to prohibit the physical desecration of the U.S. flag.
United States · United States Congress · 14 July 1989
Amends the Export Administration Act of 1979 to extend indefinitely the restrictions on the export of Alaskan North Slope oil.
United States · United States Congress · 14 July 1989
Designates October 29, 1989, as Fire Safety at Home--Change Your Clock, and Change Your Battery Day. Directs the President to issue a proclamation to urge people to change the batteries in their smoke detectors when they reset their clocks from daylight savings time.
United States · United States Congress · 13 July 1989
Designates the week beginning September 16, 1990, as Emergency Medical Services Week.
United States · United States Congress · 12 July 1989
Amends the Internal Revenue Code to restrict the partial exclusion from income of interest on loans used to acquire employer securities to cases where the employee stock ownership plan owns at least 30 percent of: (1) each class of outstanding stock of the issuing corporation; or (2) the total value of all outstanding stock of the corporation. Limits securities acquisition loans to terms of 15 years and requires voting rights for members of the plan for the acquired stock. Imposes an excise tax on: (1) the disposition of employer securities within three years of acquisition; and (2) any disposition of such securities before allocation to participant accounts, where the proceeds of disposition are not allocated to such accounts.
United States · United States Congress · 11 July 1989
National Indian Forest and Woodland Enhancement Act - Title I: Administrative Provisions - Sets forth congressional findings, purposes, and definitions. Title II: Forest and Woodland Enhancement - Directs the Secretary of the Interior to manage commercial forest lands and woodlands, either directly or through self-determination contracts and grants under the Indian Self-Determination and Education Assistance Act, with the following objectives: (1) development, maintenance, and enhancement of such lands in a perpetually productive state by providing effective management and protection; (2) regulation of such lands through the establishment and development of forest and woodland product marketing programs in a manner that makes possible continuous production and perpetual forest and woodland business; (3) sale of such products on the open market when the quantity of such products available for harvest exceeds the quantity harvested by the landowner; (4) development of such lands by Indians to promote self-sustaining communities so that they may receive the labor and profit yielded by their property in addition to its stumpage value; (5) preservation of such lands in their natural state when authorized Indian representatives determine that recreational, aesthetic, or cultural values of such lands represent their best use to the Indians; and (6) management and protection of such lands and their resources to retain the beneficial effects to Indian trust lands of regulating water runoff and minimizing soil erosion and to maintain and improve timber productivity, grazing, wildlife, and fisheries and other traditional values. Directs the Secretary to withhold deductions from the gross sale proceeds of Indian forest and woodland products to cover timber sale administration or forest regeneration costs. Limits such administrative fee deductions to ten percent or the percentage of the gross sale proceeds of such products currently collected as forest management deductions, whichever is less, unless the recognized tribal government consents to an increase in such deductions. Declares that such deductions are not intended to cover the costs that are paid from funds appropriated specifically for fire suppression or pest control. Directs the Secretary to promulgate regulations that: (1) establish penalties for the commission of forest and woodland trespass; (2) designate the agency officials who will be responsible for detecting forest and woodland trespass and assessing and collecting penalties; and (3) set forth procedures for the assessment and collection of such penalties. Directs the Secretary to submit a report to the Congress that: (1) describes and evaluates the nature and extent of forest and woodland trespass that is occurring; and (2) describes any legal or practical impediments to the curbing of forest and woodland trespass and the enforcement of regulations prescribing penalties for such trespass. Allows restitution to the landowner out of the penalties collected for such trespass. Title III: Indian Forestry Education Assistance Programs - Establishes the Forester Intern Program to provide financial assistance to Indian students who are pursuing a bachelor's or post-graduate degree in forestry or a forestry-related field while attending an approved post-secondary school in a full-time forestry-related curriculum and who have been appointed to forester intern positions. Directs the Secretary to establish and maintain at least ten salaried forester intern positions for Indian students in the Bureau of Indian Affairs (BIA). Requires forester interns to enter into an agreement obligating them to serve two years as a professional forester with either BIA or a tribal government for each year of education for which they received financial assistance. Requires the Secretary to maintain, through BIA, a cooperative education program to recruit Indian students who are enrolled in secondary or post-secondary schools for employment as professional foresters in BIA. Directs the Secretary to provide financial assistance to students who: (1) are enrolled in a course of study at an educational institution with which the Secretary has entered into a cooperative agreement; and (2) are interested in a career with BIA in commercial forest land and woodland management. Authorizes the Secretary to grant forestry scholarships to Indians enrolled as full-time students in schools with accredited programs for post-secondary forestry and forestry-related programs of study. Requires scholarship recipients to enter into an obligated service agreement with the Secretary in which they agree to accept employment, following their course of study, with: (1) BIA; (2) a forestry program conducted under a contract, grant, or cooperative agreement entered into under the Indian Self-Determination and Education Assistance Act; or (3) an Indian enterprise engaged in a forestry or forestry-related business. Requires the Secretary to administer the programs described under this title until a sufficient number of Indians are trained to ensure that there is an adequate number of qualified, professional Indian foresters to manage BIA forestry programs and forestry programs maintained by or for Indian tribes. Title IV: Authorization of Appropriations - Authorizes appropriations for FY 1990 and each succeeding fiscal year.
United States · United States Congress · 11 July 1989
Designates July 20, 1989, as Space Exploration Day.
United States · United States Congress · 23 June 1989
Amends the Internal Revenue Code to allow farmers' cooperatives to elect to treat as ordinary income or loss certain capital gains and losses from the disposition of assets used in conducting business with or for patrons.
United States · United States Congress · 23 June 1989
Amends the Indian Health Care Improvement Act to direct the Secretary of Health and Human Services to competitively award at least ten mental health demonstration grants of no more than $1,000,000 each to assist Indian tribes and tribal organizations in meeting the costs of planning, developing, and implementing mental health care programs. Requires the Secretary to prescribe regulations for the awarding of such grants to ensure the consideration of the extent to which such programs would provide Indians with access to a mental health service delivery system that combines clinical approaches with traditional cultural approaches. Requires grant recipients to furnish certain information and to report to the Secretary at the close of the grant term. Requires the Secretary to report periodically to the Congress. Authorizes appropriations for FY 1990 through 1993. Directs the Secretary to establish within the Office of Research and Development of the Indian Health Service a technical assistance section to act as an information center for Indian tribes and tribal organizations regarding on-going mental health activities, programs, and services within Indian country. Terminates such section after submission of a final report to the Congress.
United States · United States Congress · 23 June 1989
Designates the decade beginning January 1, 1990, as the Decade of the Brain.
United States · United States Congress · 23 June 1989
Designates July 20, 1989, and July 20, 1990, as Space Exploration Day.
United States · United States Congress · 23 June 1989
Urges the Government of Iran to extend to the Bahai community the rights guaranteed by the Universal Declaration of Human Rights and other human rights accords. Calls upon the President to: (1) emphasize the need for improvements in Iran's treatment of the Bahais and other religious minorities as an important factor in the development of U.S.-Iranian relations; (2) encourage other governments to appeal to Iran concerning the situation of the Bahais; (3) cooperate with other governments and international organizations in appealing for the protection of the religious rights of the Bahais; and (4) provide, and urge others to provide, refugee and humanitarian assistance for the those Bahais fleeing their homelands because of religious repression.
United States · United States Congress · 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).
United States · United States Congress · 22 June 1989
Motor Vehicle Fuel Efficiency Act of 1989 - Amends the Motor Vehicle Information and Cost Savings Act to establish average fuel economy standards for passenger automobiles (for model years 1995 through 2000) and automobiles other than passenger automobiles (light trucks) (for model years 2001 and thereafter). Allows any person to petition the Secretary to modify an average fuel economy standard for model year 2001 and thereafter. Specifies procedures for response to such petition. Requires the Administrator of the Environmental Protection Agency to report annually to specified congressional committees on a study on the accuracy of fuel economy testing of passenger automobiles. Directs the Secretary of Energy to distribute at least 100 explanatory booklets each year to every dealer and additional numbers if requested. Directs the Secretary of Transportation to provide for a review of the current state of research and development in light truck fuel economy and passenger automobile fuel economy and an assessment of the remaining potential for improving fuel efficiency and reducing energy consumption of passenger automobiles and light trucks. Requires a report to the Congress on such review and an updated report every five years. Doubles the civil penalty for repeated violations of the fuel economy standard.
United States · United States Congress · 22 June 1989
Pornography Victims' Compensation Act of 1989 - Creates a cause of action against a producer, distributor, exhibitor, or seller of sexually explicit material by a victim of a rape, sexual assault, or sexual crime, or by the estate, guardian, or survivors of any such victim. Conditions the recovery of damages on proof by a preponderance of the evidence that: (1) the victim was a victim of a rape, sexual assault, or a sexual crime; (2) the material is sexually explicit and was a proximate cause of the offense; and (3) the defendant is a producer or distributor of the material or exhibited or sold it to the sexual offender and should have known that the material was sexually explicit. Sets forth criteria by which the finder of fact may reasonably infer that such material was a proximate cause of the offense, including unusual similarities between the acts depicted and the actual offense, testimony of the offender, and testimony of experts who have examined the offender that such material influenced or incited the commission of the offense. Lists additional factors to be considered by the finder of fact, including: (1) possession by the offender of material produced, distributed, exhibited, or sold by the defendant; (2) whether such material depicts violent behavior or children participating in sexual activity; and (3) whether anything contained in such material would tend to promote violent sexual acts or the sexual abuse of children. Authorizes the award of damages for economic loss, compensation for pain and suffering, reasonable attorney's fees, and costs to prevailing plaintiffs. Sets a statute of limitations of six years from the date the right of action first accrued or, in the case of a legal disability, not later than three years after the termination of such disability. Authorizes injunctive relief to enjoin the production, distribution, exhibition, or sale of any such material found to have influenced or incited the sexual offender to commit the offense. Sets forth additional requirements for the granting of injunctive relief.
United States · United States Congress · 22 June 1989
Designates 1990 as the International Year of Bible Reading.
United States · United States Congress · 22 June 1989
Designates the period of September 16 through October 9, 1989, as Coastweeks '89, recognizing the importance of coastal zones. Designates September 16, 1989, as National Estuaries Day and September 23, 1989, as National Beach Cleanup Day.
United States · United States Congress · 20 June 1989
Chinese Foreign Student and Exchange Visitor Relief Act - Grants U.S. permanent resident status to certain nonimmigrant (students and exchange visitors) nationals of the People's Republic of China.
United States · United States Congress · 20 June 1989
Indian Economic Development Act of 1989 - Amends the Internal Revenue Code to allow businesses an additional investment tax credit for investment in certain tangible property located on Indian reservations. Limits such credit to five percent for reservation personal property, 20 percent for new reservation construction property, and ten percent for reservation infrastructure investment as these respective categories are defined in this Act. Provides for the recapture of such credit upon the early disposition of the property. Provides for the nonrecognition of gain on the sale or exchange of Indian reservation property where reinvestment in such property occurs within one year. Makes members of Indian tribes living in Indian reservation areas subject to pervasive poverty and unemployment eligible for the targeted jobs tax credit. Allows an income tax credit in an amount equal to the tax attributable to income received on the reservation from an Indian reservation business. Prohibits such a credit against environmental, accumulated earnings, and personal holding company taxes. Sets forth eligibility requirements for such credits.
United States · United States Congress · 20 June 1989
Designates April 22, 1990, as Earth Day for public activities that promote global environmental preservation.
United States · United States Congress · 20 June 1989
Designates December 7, 1989, as National Pearl Harbor Remembrance Day.
United States · United States Congress · 13 June 1989
Amends the Internal Revenue Code with respect to the allocation and apportionment of qualified research and experimental expenditures to sources within and outside the United States for income tax purposes. Requires that any such expenditures made solely to meet a political jurisdiction's legal requirements concerning products or processes unlikely to yield extrajurisdictional income be allocated only to income within that political jurisdiction. Increases from 50 to 67 percent the amount of research and experimental expenditures that a company must allocate to income from U.S. sources. Requires companies to report on a consolidated basis with respect to the expenditures associated with these source rules.
United States · United States Congress · 8 June 1989
Authorizes the Secretary of the department in which the Coast Guard is operating to issue a certificate of documentation for a named vessel.
United States · United States Congress · 8 June 1989
Authorizes the Secretary of Transportation to allow, and the Secretary of the department in which the Coast Guard is operating to issue a certificate of documentation for, a named vessel to engage in the fisheries trade.