United States · United States Congress · 25 January 1989
National Nutrition Monitoring and Related Research Act of 1989 - Title I: Nutrition Monitoring and Related Research - Establishes a ten-year coordinated program, to be known as the National Nutrition Monitoring and Related Research Program, which will be implemented by the Secretaries of Health and Human Services (HHS) and Agriculture. Establishes an Interagency Board for Nutrition Monitoring and Related Research to facilitate program implementation. Authorizes the Secretaries to appoint an Administrator of Nutrition Monitoring and Related Research. Sets forth the program functions of the Secretaries, including: (1) establishing matching grants programs for specified nutritional and dietary purposes; and (2) submitting a biennial report to the President for transmittal to the Congress. Requires the Secretaries to implement a comprehensive national nutrition monitoring and related research plan which shall: (1) assess and report on U.S. nutritional and dietary trends; (2) sample representative subsets of identifiable low income populations and assess and report on food and household expenditures; (3) sponsor and conduct research; (4) develop and update a national dietary and nutritional status data bank; (5) assist State and local agencies in developing procedures and networks for nutrition monitoring and surveillance; and (6) focus the activities of Federal agencies. Requires the plan to allocate the project functions and activities among the various Federal agencies and offices involved. Provides that the comprehensive plan shall be carried out during the period ending with the close of the ninth fiscal year following the fiscal year in which the final comprehensive plan is submitted. Requires the Secretaries to coordinate and enter into contracts for such scientific research and development as may be necessary to support the coordinated program and comprehensive plan. Requires the President, at the time of the submission of the annual budget to the Congress, to submit a report to specified congressional committees on expenditures required for carrying out the coordinated program and implementing the comprehensive plan. Title II: National Nutrition Monitoring Advisory Council - Establishes a nine-member National Nutrition Monitoring Advisory Council to: (1) provide scientific and technical advice on the development and implementation of all components of the coordinated program and the comprehensive plan; (2) evaluate such program and plan; and (3) submit an annual report to the Secretaries. Title III: Dietary Guidance - Directs the Secretaries, by the start of 1990 and every five years thereafter, to publish and review dietary guidelines for the general public. Requires the Secretary of HHS to submit a report describing the appropriate Federal role in assuring that medical students and physicians practicing in the United States have adequate training in the field of nutrition and its relationship to health.
United States · United States Congress · 25 January 1989
World Environment Policy Act of 1989 - Title I: Establishment of the Council on World Environmental Policy - Requires the President to establish a Council on World Environmental Policy to replace the existing Council on Environmental Quality and to be chaired by the Administrator of the Environmental Protection Agency (EPA). Outlines the duties of the Council, including: (1) the submission to the Congress of a Strategic Plan for coordinating policy responses to world environmental problems; (2) the advisement of the President and the Congress on the effects of U.S. policy on such problems; (3) the publication of an annual report detailing the Nation's progress toward meeting the goals of the Plan; and (4) the implementation by all Federal agencies of criteria to minimize the impact of Federal policies on the world environment. Authorizes the President to appoint an Ambassador to represent the United States in negotiations relevant to global environmental issues. Title II: Research, Development of Policy Responses, and Promotion of Public Awareness - Expresses the sense of the Congress that: (1) the United States should participate in and support the International Geosphere-Biosphere Program (IGBP); and (2) the President should periodically, but not less than biennially, transmit to the Congress a plan for U.S. participation in such program. Declares that: (1) the Antarctic region is a critical area in the study of global change; and (2) the United States should support the development of an Antarctic research component to IGBP to include specific recommendations of the ad hoc Scientific Committee on Antarctic Research of the International Council of Scientific Unions. States that the National Aeronautics and Space Administration's Mission to Planet Earth initiative should enjoy public and congressional support. Requests the President to establish a cooperative international research program concerning the greenhouse effect of increased concentration of carbon dioxide and greenhouse gases in the Earth's atmosphere. Requires any such program established by the President to be started before 1990, which shall be known as the International Year of the Greenhouse Effect. Provides that such program should be coordinated on behalf of the United States by the Secretary of State, the National Research Council, and the Federal Coordinating Council for Science, Engineering, and Technology. Title III: Regulation and Phase-Out of Anthropogenic Emissions That Degrade The Environment - Part A: Phase-Out of Substances that Deplete the Stratospheric Ozone Layer - States that this Act's objectives are to restore and maintain the chemical and physical integrity of the Earth's atmosphere and to protect human health and the global environment from all known and potential dangers due to atmospheric or climatic modification. Directs the Administrator to: (1) publish a priority list of manufactured substances which are known, or may reasonably be anticipated, to cause or contribute to atmospheric or climatic modification, including chlorofluorocarbon-11, chlorofluorocarbon-12, chlorofluorocarbon-13, halon-1211, halon-1301, and carbon tetrachloride; (2) create and annually update a list of other manufactured substances which meet such criteria; and (3) assign to each listed substance a numerical value representing the ozone depletion potential of such substance. Imposes reporting requirements on producers or importers of listed substances. Phases out, by January 1, 1996, the production or release of priority-listed substances for any use other than medical purposes. Prohibits the use or introduction into interstate commerce of a priority-listed substance after 1994 or a listed substance after 1999, except for medical purposes or, for ten more years, to maintain and service household appliances. Directs the Administrator to require a producer of a listed substance to reduce its production of such substance more rapidly if new information indicates that expedition is necessary for the protection of human health or the environment or the availability of substitutes makes expedited reductions attainable. Authorizes the President to issue orders exempting from this Act's requirements the production and use of halon-1211 and halon-1301 at any specified site or facility if the President finds that adequate substitutes are not available and the production and use of such substances is necessary to protect national security interests. Directs the Secretary of Defense to: (1) seek to eliminate all emissions of halon-1211 and halon-1301 that occur during the testing of fire-extinguishing equipment; and (2) investigate the feasibility of alternative testing methods that do not result in the release of such substances. Prohibits the importation of a priority-listed substance, any product containing such substance, or any product manufactured with a process that used such substance unless the Administrator has certified that the nations in which such substance or product was manufactured and from which such substance or product was imported have programs that require reduced production of such substance and limit the production of other substances covered by this Act pursuant to a schedule and limitations at least as stringent as those applicable under this Act. Deems a person who imports a listed substance or a product containing such substance to have produced such substance for purposes of this Act's requirements. Requires that containers in which listed substances are stored or transported, products containing such substances, and products manufactured with a process using such substances be labeled as harmful to public health and the environment by reason of the effect such substances have on the ozone and climate. Deems listed substances to be hazardous wastes to be disposed of by a means which assure 99.999 percent destruction of such substances. Requires that goods which contain a listed substance in bulk be disposed of by persons licensed to accept such goods and only after the listed substance has been removed from confinement and destroyed. Provides that when such substance is an inherent element of a product, such product must be disposed of by a means assuring 99.999 percent destruction. Prohibits the release of listed substances in other than de minimis quantities. Prohibits the use of listed substances in goods if more than five percent of such substance will be released during the ordinary use of the goods or the goods cannot be serviced with no more than a de minimis release of such substances. Part B: Control of Methane Emission From Landfills and Sewage Treatment Facilities - Directs the Administrator to report to the Congress by January 1, 1991, on (1) the contribution of methane gas to global climate change; (2) the sources and sinks of methane; (3) the methods of controlling methane emissions; and (4) the relationship between methane emissions and concentrations of other trace gases. Requires that State solid waste management plans provide for the minimization of emissions of methane and other gases during the operation and after the closure of sanitary landfills. Provides that sewage treatment facilities constructed after January 1, 1990, shall be designed and operated to minimize emissions of methane. Requires existing facilities to be modified for such purposes prior to 1993. Prohibits, after 1993, mass releases and flaring of methane. Part C: Control of Other Pollutant Emissions - Directs the Administrator to set oxides of nitrogen emission controls for stationary and vehicular sources of such emissions. Sets the oxides of nitrogen emission limit at .4 gram per mile for light duty vehicles manufactured in model year 1990 and thereafter. Requires the Administrator to set hydrocarbon emission controls for stationary and vehicular sources of such emissions. Requires that existing stationary sources: (1) meet the hydrocarbon emission control achievable through the adoption of reasonably available control technologies; and (2) comply, upon the 35th anniversary of their construction, with hydrocarbon emission standards applicable to new major stationary sources. Directs the Administrator to set a hydrocarbon emission limit of .25 gram per vehicle mile for light duty vehicles manufactured in model year 1992 and thereafter. Requires vehicles manufactured during and after model year 1991 to have on-board hydrocarbon control technology to recover fueling emissions. Requires the promulgation of standards concerning certain other vehicular emissions. Prohibits, beginning with model year 1991, the manufacture, sale, or introduction into commerce of any engine that requires leaded gasoline. Sets the useful life of a light duty vehicle, during which emission standards remain applicable, at ten years or one hundred thousand miles, whichever first occurs. Adds an idle test mode to the Federal Test Procedure for light duty vehicles. Requires the Administrator to establish at least one high altitude site for testing vehicles for conformity with emission and fuel standards. Imposes civil monetary penalties against individuals who remove or render inoperative any emission control device, except as necessary in the course of routine proper maintenance. Directs each State which is required to implement a vehicle inspection and maintenance program to adopt quality control audits to assure that such inspections detect and report to the Administrator any patterns of defects in any manufacturer's emission control systems. Requires the Administrator to annually report to the Congress, with respect to each manufacturer, any significant finding of repeated or common emission system defects and the actions taken to remedy such nonconformity. Requires vehicle manufacturers to affix on vehicles manufactured during and after model year 1990, a label indicating the full cost of applying the warranty assuring compliance with emission and fuel standards for the useful life of the vehicle. Authorizes manufacturers to sell extended warranties, but permits purchasers to buy an extended warranty from any other vendor of such warranties. Makes purchasers responsible for replacing and maintaining, at their expense and at any service facility of their choosing, devices related to, but not designed for, emission control, unless such device is covered by an extended warranty. Sets limits on the sulfur content of diesel fuel and the Reid vapor pressure of gasoline and ethanol/gasoline blends, and a floor on the oxygen content of fuel in carbon monoxide nonattainment areas. Sets forth reporting requirements. Imposes civil monetary penalties on violators of fuel regulations. Requires each State to implement a vehicle emission control inspection and maintenance program to reduce in-use emissions of hydrocarbons, carbon monoxide, oxides of nitrogen, and diesel particulates from motor vehicles. Part D: Miscellaneous Provisions - Authorizes the Administrator to respond to violations of this title's requirements by assessing a civil penalty against violators and/or requiring their immediate compliance, or commencing a civil action in the U.S. district court in the district in which the violation occurred for appropriate relief. Imposes civil and criminal penalties for violations of this title's requirements. Provides for judicial review of the Administrator's final actions. Authorizes citizen suits to enforce any permit, regulation, condition, requirement, prohibition, or order which has become effective pursuant to this title. Title IV: Vehicle Fuel Efficiency Improvements - Vehicle Energy Efficiency Performance Standards Act of 1989 - Amends the Motor Vehicle Information and Cost Savings Act to increase the average fuel economy standards for passenger automobiles and light duty trucks for model year 1993 and thereafter according to prescribed guidelines. Exempts manufacturers of fewer than 10,000 light trucks and emergency vehicles from such prescribed standards. Establishes an incentives schedule for manufacturers of passenger automobiles and light trucks. Authorizes the Secretary of Transportation to assess a tax against any manufacturer who fails to comply with the prescribed average fuel economy standards. Sets forth procedural guidelines for the imposition of such tax. States that the current civil penalty shall not apply to any model year for a passenger automobile or light truck after model year 1990. Prescribes a fleet average fuel economy schedule for all Federal passenger automobiles and light trucks for model years 1993 and thereafter. Requires the Administrator of the Environmental Protection Agency to consult with the Secretary of Energy before establishing testing and calculation procedures for measuring automobile fuel economy. Authorizes (current law directs) the Administrator to require fuel economy tests in conjunction with emissions tests conducted under the Clean Air Act. Directs the Administrator to measure a sampling of production passenger automobiles for each model type and year during the first month of manufacture for sale. Requires the adjustment of average fuel economy standards when necessary. Requires manufacturers to reflect any changes in such standards on automobile labels affixed more than 90 days after such changes are available. Requires that Federal testing and calculation procedures be repeated over a period of years to monitor automobile performance in use to determine the extent of decline in fuel economy. Directs the Administrator to periodically review procedures for testing fuel economy. Directs the Administrator to update the booklet containing fuel economy data at least twice a year. Directs the Secretary of Energy to distribute at least 100 booklets each year to each dealer and additional numbers if requested. Cites conditions under which manufacturers of light vehicles with certain increased fuel economies shall be considered to have offered the Government a specified discounted bid. Directs the Secretary, within two years of enactment of this Act, to submit suggestions to the Congress for additional legislation to carry out its purposes and the purposes of the Motor Vehicle Information and Cost Savings Act. Directs the National Academy of Sciences to report to the Congress on the results of its review of the research and development status of the fuel efficiency and energy consumption reduction of light vehicles, trucks, and passenger vehicles. Directs the Secretary of Energy to make changes in the Department of Energy's transportation research and development program based upon such report. Outlines criteria and procedures for amended vehicle fuel economy standards. Amends the Internal Revenue Code to prescribe a gas guzzler tax schedule applicable to 1990 and later model year automobiles. Sets forth a tax credit schedule for the purchase of certain fuel efficient passenger vehicles. Title V: Waste Minimization and Recycling - Directs the Secretary of Commerce to study and report to the Congress concerning: (1) means to increase the use of degradable materials in manufactured goods; (2) technologies for recycling nondurable consumer products; and (3) ways to expand the marketing of recycled products. Directs the Secretary of Health and Human Services to study and report to the Congress concerning the feasibility of recycling nondegradable medical supplies and of substituting degradable for nondegradable materials in medical equipment and supplies. Directs the Secretary of Defense to study and report to the Congress on the national defense and security implications of requiring the use of degradable materials in defense items. Instructs the Secretary of Agriculture to initiate a pilot project to develop and demonstrate viable technology for composting municipal waste and sewage sludge. Prescribes required features of the project. Requires the Secretary to report project results to the Congress. Directs the Administrator of the Environmental Protection Agency to establish an Office of Recycling and Waste Minimization to: (1) make grants to support research into innovative recycling technology; and (2) gather and disseminate information on waste disposal and recycling technology. Describes possible research grant activities. Requires the Administrator and the Secretary of Education to conduct a five-year outreach program to provide information regarding the importance of proper waste disposal and the benefits of, and methods to encourage, voluntary recycling. Sets forth a potential format for such program. Authorizes appropriations. Prohibits, effective two years after this Act's enactment, the production, manufacture, distribution, sale, or delivery of nonrecycled consumer goods, fast food in nondegradable containers, and packaging for specified purposes that contains any material that is not naturally degradable. Establishes both civil and criminal penalties for violations. Directs the Administrator to issue regulations to govern the designation of goods and materials for noncompliance purposes. Prescribes criteria with respect to these regulations, including exemptions. Directs the Administrator to publish and periodically update lists of items and materials affected by the prohibition on activities involving nonrecyclable items. Directs the Administrator to promulgate guidelines to assist States in the development of recycling and waste minimization plans. Requires each State to submit such plans to the Administrator for approval. Sets forth requirements for such plans. Directs the Administrator to establish a Federal program in any State that is not enforcing such a plan. Provides that failure by a State to implement such a plan may result in the loss of assistance. Title VI: The World Bank and Sustainable Economic Development - Directs the Secretary of the Treasury to enter into discussions with the president of the World Bank and with officials of the governments of other major contributors to the Bank to work out guidelines for advance disclosure of prospective bank loans prior to their approval within the Bank. Requires the President to instruct U.S. representatives to the Bank to request that all future energy-sector lending for new energy supplies be contingent on a finding that the quantity of services specified in the loan proposal could not be delivered at the same or lower cost by improving the efficiency of energy use. Title VII: Assistance to International Family Planning Organizations - Expresses the sense of the Congress that the United States should provide funds for family planning to organizations operating in foreign countries, provided that such organizations can guarantee that no U.S. funds will be used to pay for performing abortions. Provides that the Foreign Assistance Act of 1961 shall be understood to permit U.S. funds to support family planning in foreign countries. Title VIII: Conservation of World Biodiversity - Declares that conservation of biological diversity is a national goal of the United States and that efforts toward conservation are a national priority. Amends the National Environmental Policy Act of 1969 to require that environmental impact statements on proposed Federal actions include any impacts on biological diversity. Requires the President's Council on World Environmental Policy to: (1) establish guidelines for consideration of biological diversity in the preparation of environmental impact statements; and (2) identify biotic communities, species, and populations that appear to be in decline or that are of special concern and to include such information in its annual report. Establishes a National Center for Biological Diversity and Environmental Research to set national priorities and provide leadership and coordination for the promotion of knowledge of the Nation's biota and the effects on such biota of the activities of people. Outlines the functions of the Center. Authorizes any Federal agency to detail its personnel to the Center to assist in carrying out the Center's duties under this Act. Allows the Center to accept gifts or donations of services or property. Requires the Director of the Center to report annually to the President and the Congress on the activities of the Center during the preceding year. Establishes an Interagency Working Committee on Biological Diversity to be composed of representatives from specified Federal agencies and to coordinate and implement Federal and international activities and strategies for the conservation of biological diversity. Directs the Committee to report biennially to the Congress on the progress of such strategy. Authorizes agencies on the Committee to engage in partnership grants, provided that the Federal funds are matched by the grantee, except in the case where the grantee is a State. Requires each Committee agency, other than the Council on World Environmental Policy, to give high priority to research and personnel training and to assess the adequacy of such research and training. Establishes a National Scientific Advisory Committee on Biological Diversity to include as members nominees recommended by the National Academy of Sciences and appointed by the President. Outlines the functions of the Committee, including: (1) providing scientific and technical advice to the Interagency Committee in the preparation of Federal strategy; and (2) assisting in the evaluation of the impacts of proposed Federal actions on biological diversity. Authorizes appropriations. Limits expenditures for biological diversity grants. Title IX: Replanting and Conserving the World's Forests - Sets forth congressional findings on tropical wood. Directs the Secretary of State to enter into negotiations with Japan and the European Communities to: (1) reach agreement on a Phased Tropical Hardwoods Agreement to restrain consumption of tropical hardwoods; and (2) establish an international agreement in support of a special Tropical Forest Conservation Lending Facility to be vested within the World Bank and to finance regimes of sustained yield management for tropical woods. Sets forth congressional findings on global deforestation. Requires the Director of AID to: (1) prepare an assessment of the potential for, and the costs of, raising the productivity of small-holders of land on a country specific basis; (2) frame proposals for the expansion of regional microenterprise lending focused on small-holding agriculture in environmentally stressed regions, to be supported by the World Bank; and (3) prepare an estimate of the full global potential for reforestation, its impact on regional ecological and economic problems, its effect on the global carbon balance, its estimated costs, and a proposal for sharing such costs with the international community. Sets forth congressional findings on the preservation of the Amazon Basin. Encourages the Brazilian Government to begin a process of international consultation toward a program for resource conservation in such Basin. Expresses the sense of the Congress that: (1) the Secretary of State should declare that the United States is ready to participate in such consultations; and (2) members of the international community should reassess their investment policies to assure that they do not contribute to the accelerated destruction of such Basin's rain forest. Directs U.S. directors of multilateral development banks and other development assistance institutions to urge restraint pending the development of an approach which blends Brazil's requirements for national development with global environmental imperatives. Title X: International Cooperation - Directs the President to request the United Nations to establish a temporary new agency, to be headed by the director of the United Nations Environmental Program, to: (1) coordinate international efforts to minimize and mitigate the effects of unavoidable environmental alterations; and (2) provide financial, technical, and other assistance to developing nations to facilitate improvements in their standard of living while minimizing or eliminating their contributions to global, continental, and subcontinental scale environmental damages. Directs the President to request the United Nations to establish a temporary program of forestation to: (1) assist and encourage nations in halting activities that are destroying forests; and (2) undertake a global reforestation program. Requires the President to instruct U.S. representatives to other bilateral and multilateral organizations to assure that the activities of such organizations are consistent with this Act's goals and objectives.
United States · United States Congress · 25 January 1989
Amends the Federal Tort Claims Act to allow members of the armed forces to bring claims for damages against the United States for personal injury or death arising out of medical or dental care furnished by a Department of Defense hospital or medical facility.
United States · United States Congress · 25 January 1989
Homeownership Assistance Act of 1989 - Amends the National Housing Act to create a special mortgage insurance program for first-time homebuyers, including homebuyers of manufactured homes. Authorizes the Secretary of Housing and Urban Development to insure a mortgage loan of up to 97 percent of appraised value for the first $50,000 (currently $25,000) of a home's value. Repeals the current dollar cap on FHA insured mortgages in high cost areas. Authorizes the Federal Housing Administration (FHA) to insure adjustable rate mortgages with annual interest rate increases of up to two percent (currently one percent). Repeals the aggregate annual limit on such insured loans. Defines "first-time homebuyer" as an individual who or whose spouse has not owned a principal residence during the 18 months prior to an FHA insured home purchase. Authorizes an FHA demonstration program to insure mortgages for first-time homebuyer downpayments where the purchase is primarily financed or assisted by tax-exempt or other government assistance. Amends the Federal National Mortgage Association Charter Act to authorize the Government National Mortgage Association to create a secondary market for first-time homebuyer downpayment loans. Authorizes an FHA demonstration program to insure 100 percent of a home's value for a first-time homebuyer provided that the downpayment will be paid within three years by an additional monthly payment. Requires participants to receive financial counseling. Amends the Deficit Reduction Act of 1984 to empower the Internal Revenue Service to confiscate defaulting taxpayers' tax refunds. Requires the Secretary to submit annual program reports to the Congress.
United States · United States Congress · 25 January 1989
Department of Environmental Protection Act - Redesignates the Environmental Protection Agency as the Department of Environmental Protection, an executive department to be administered by a Secretary of Environmental Protection appointed by the President.
United States · United States Congress · 25 January 1989
AFDC Quality Control Improvement Act of 1989 - Amends part A (Aid to Families with Dependent Children) of title IV of the Social Security Act to require, in order to establish and maintain improved AFDC quality control standards and procedures: (1) each State to collect and submit to the Secretary of Health and Human Services a statistically reliable sample of AFDC cases; (2) the Secretary to review the sample and notify the State of its error rates for overpayments and underpayments; and (3) the State to develop and submit to the Secretary a quality improvement plan for eliminating or reducing errors. Excuses a State from submitting a quality improvement plan if it has consistently had error rates below its error rate tolerance levels. Directs the Secretary to establish procedures for quality control review of AFDC cases and criteria for State quality improvement plans. Reduces Federal AFDC payments to a State to the extent the State's overpayments exceed its overpayment error rate tolerance level. Sets State overpayment tolerance levels pursuant to a formula which takes into account variations among States in population density and caseload volume and composition. Disregards State errors resulting from recent changes in Federal AFDC eligibility criteria or administrative policies. Permits a State to base a request for the waiver of this Act's sanctions upon a showing that it has made a good faith effort to reduce or eliminate overpayments or underpayments, or that the Secretary incorrectly calculated its overpayment or underpayment error rate. Directs the Secretary to grant such a waiver to a State which expends additional State or local funds, equal to or exceeding one-half of the sanctions which would otherwise be applied against such State, to reduce overpayments or underpayments. Defines "overpayments" as (1) payments to ineligible families; and (2) overpayments to eligible families. Defines "underpayments" as underpayments to eligible families. Makes the preceding quality control standards and procedures effective with respect to FY 1987 and thereafter. Eliminates the backlog of overpayment sanctions applicable to FY 1981 through 1986 by imposing such sanctions only against those States, in each such fiscal year, whose error rates are significantly outside the distribution of such rates among States. Directs the Secretary to report to specified congressional committees, three years after this Act's enactment, regarding the appropriateness of the error rate tolerance levels established pursuant to this Act. Sets State underpayment error rate tolerance levels, applicable beginning in FY 1989, considering the same factors used in determining overpayment tolerance levels. Requires that States set aside an amount equal to the amount by which its underpayments exceed its underpayment tolerance level and use such amount to increase AFDC payments or improve the administration of the AFDC program. Provides an incentive payment to States whose overpayment error rate is below three percent. Sets incentive payments at one-half of the reduction in Federal payments attributable to error rates being below three percent. Includes terminations and denials of AFDC eligibility in this Act's data collection and quality control review requirements. Directs the Secretary to develop and report to the Congress, within two years of this Act's enactment, on an improved methodology for measuring a State's performance with respect to inappropriate denials and terminations of AFDC eligibility. Includes, beginning on the first calendar quarter beginning one year or more after this Act's enactment, erroneous denials or terminations of AFDC eligibility within the definition of "underpayments" to which error rate tolerance levels apply.
United States · United States Congress · 25 January 1989
National Global Change Research Act of 1989 - Amends the National Science and Technology Policy, Organization, and Priorities Act of 1976 to provide for assignment to the Federal Coordinating Council for Science, Engineering, and Technology of responsibilities to make long-range plans for cooperative scientific and technical research among Federal agencies. Directs the President, through the Council, to develop a National Global Change Research Plan for a ten-year national research effort concerning both human-induced and natural processes of global change. Requires submission of the Plan to the Congress within one year and revision at least triennially thereafter. Directs each participating Federal agency to include global change research funding requirements in its annual budget request. Directs the Chairman of the Council to submit to the President and to the Congress an annual report on global change research efforts.
United States · United States Congress · 25 January 1989
Computer Software Rental Amendments Act of 1989 - Amends Federal copyright law to prohibit the person in possession of a computer software program from renting, leasing, or lending it for direct or indirect commercial advantage unless authorized to do so by the copyright owner (or licensee). Grants remedies for copyright infringement in cases of violations of this Act.
United States · United States Congress · 25 January 1989
Emergency Medical Services and Trauma Care Improvement Act of 1989 - Amends the Public Health Service Act to create a new title on trauma care. Directs the Secretary of Health and Human Services to provide for the establishment and operation of a National Clearinghouse on Emergency Medical Services and Trauma Care. Authorizes appropriations for FY 1990 through 1992 or for the first three fiscal years for which funds are appropriated. Authorizes the Secretary to make grants and enter into cooperative agreements and contracts with respect to emergency medical services and trauma care systems to: (1) conduct and support research, training, evaluations, and demonstration projects; (2) provide technical assistance to State and local agencies; and (3) establish guidelines for the development of uniform State data reporting systems. Directs the Secretary to make an allotment for each State for each fiscal year, mandating that at least 35 percent, subject to adjustment, be used for planning, implementing, monitoring, and evaluating the operation of county, regional, or State trauma care systems. Sets forth requirements for such systems. Requires States to use at least 35 percent of the amount available to them for a fiscal year to reimburse designated trauma centers for uncompensated trauma care expenditures. Requires non-Federal matching contributions (in cash or in kind) in a specified ratio for fiscal years after FY 1990. Requires each State, for each fiscal year beginning with FY 1990, to submit the trauma care component of the State emergency medical services plan (State plan) to the Secretary. Sets forth requirements for the State plan. Requires that hospital emergency departments, within their capability, if an individual appears and requests examination and treatment: (1) examine for the existence of an emergency medical condition or active labor and, if such a condition or labor exists, treat the individual until stable, subject to exception; and (2) transfer such individual to other facilities only according to stated criteria. Requires States to adopt guidelines for the designation of trauma centers, and for triage, transfer, and transportation policies, at least as stringent as the applicable guidelines developed by the American College of Surgeons and by the American College of Emergency Physicians. Mandates that States: (1) require each trauma center to provide certain information to the State central data reporting system annually; (2) submit, to the Secretary at least annually, the information it receives from its data reporting and analysis system; and (3) identify and submit to the Secretary a list of rural areas lacking certain emergency medical services. Sets forth restrictions on the use of State allotments. Requires an annual report from each State to the Secretary. Sets forth a formula for determination of the amount of allotments. Provides for: (1) repayment and offset for failure to use funds as agreed; (2) criminal penalties for certain false statements; (3) technical assistance and provision of supplies and services by the Secretary in lieu of grant funds; and (4) a report by the Secretary to the Congress. Authorizes appropriations for FY 1990 through 1992. Directs the Secretary of Health and Human Services to conduct studies: (1) to determine the adequacy and appropriateness of the reimbursements provided to trauma centers under title XIX (Medicaid) of the Social Security Act; and (2) of the long-term economic effects of trauma. Amends the Public Health Service Act to revise the application procedure for Preventive Health and Health Services Block Grants to provide the State officer responsible for the administration of the State highway safety program an opportunity to participate in the development of any plan relating to emergency medical services as such plan relates to highway safety. Allows the State official responsible for the provision of emergency medical services the opportunity to participate in the development of the State highway safety program as such program relates to emergency medical services. Amends the Public Health Service Act and the Consolidated Farm and Rural Development Act to allow certain grant allotments to be used for the purchase of communications equipment. Requires the Federal Communications Commission to: (1) study the availability of radio frequency channels for emergency medical services communications; (2) establish a plan to ensure that the needs of emergency medical services communications are provided for in the allocations of frequencies for public safety; and (3) submit a report to committees of the Congress containing such study and plan.
United States · United States Congress · 25 January 1989
Family Planning Amendments of 1989 - Amends the Public Health Service Act to remove, from provisions relating to project grants and contracts for family planning services, provisions allowing the Secretary of Health and Human Services (Secretary), at the request of a grant recipient, to reduce the amount of the grant by the value of supplies or equipment furnished by the Secretary. Authorizes appropriations for such grants and contracts for FY 1990 through 1992. Repeals existing formula grant provisions. Authorizes appropriations for FY 1990 through 1992 for technical assistance and personnel training, including clinical training for obstetric-gynecologic nurse practitioners and training for educators and counselors. States that research grants and contracts may be made for evaluation as well as for development of contraceptives, and to improve clinical management and direct delivery of family planning services. Authorizes the Secretary to conduct, make grants, and enter into contracts for applied research into the development, evaluation, and bringing to the marketplace of contraceptive devices, drugs, and methods. Authorizes appropriations for FY 1990 through 1992. Authorizes the Secretary to make grants or enter into contracts for community-based information and education programs regarding sexuality, pregnancy, parenthood, and sexually transmitted diseases. Directs the Secretary to make grants and enter into contracts for the development, evaluation, and dissemination of educational and informational materials consistent with the objectives of such programs. Authorizes appropriations for FY 1990 through 1992. Directs the Secretary to collect data annually on: (1) the number of low-income and marginal-income individuals and adolescents at risk of unintended pregnancies; (2) the sources of funding available for family planning services in the United States; (3) the numbers and age, gender, race, and family income of persons who receive family planning services; and (4) the types of services chosen by individuals receiving services.
United States · United States Congress · 25 January 1989
Permits certain veterans with service-connected disabilities who are retired members of the uniformed services to receive compensation concurrently with retired pay, without a reduction in either. Prohibits retirement pay and compensation from being paid concurrently to a person if the payment of each is based upon the same disability.
United States · United States Congress · 25 January 1989
Senatorial Election Campaign Act of 1989 - Amends the Federal Election Campaign Act of 1971 to provide for spending limits and benefits for Senate general elections. Sets forth eligibility requirements for such benefits, including: (1) that a candidate has raised contributions totaling a specified minimum amount based on the State voting age population; (2) that such contributions have come from individuals, and that no individual has contributed more than $250; (3) that a candidate will abide by spending and other limitations of this Act; (4) that a specified percentage of contributions have come from constituents; (5) that at least one other candidate has qualified for the same general election; and (6) that a candidate apply for benefits under this Act. Provides that a contribution may not be counted unless: (1) it is made on a written instrument identifying the person making the contribution; (2) it is not made through an intermediary or conduit; (3) it is made by an individual and does not exceed the aggregate of $250; and (4) it was received after January 1 of the year preceding the election. Provides for increasing threshold amounts under this Act in accordance with increases in the price index. Limits personal expenditures during an election cycle to $20,000 and aggregate spending to $400,000 plus: (1) 30 cents multiplied by the voting age population of States having a voting age population of 4,000,000 or less; or (2) 30 cents multiplied by 4,000,000 plus 25 cents multiplied by the voting age population over 4,000,000 in States having a voting age population over 4,000,000. Limits overall spending to not less than $950,000 nor more than $5,500,000. Prohibits benefits to an eligible candidate who spends for the primary election more than 67 percent of the limitation on expenditures for the general election or more than $2,750,000, whichever amount is less. Prohibits payments to a candidate who spends for a runoff election more than 20 percent of the maximum amount of the limitation applicable to such candidate. Establishes spending limitations for a candidate in a State with no more than one transmitter for a commercial VHF television station. Allows a candidate to establish a fund with private contributions of up to ten percent of the general election spending limit to defray the costs of legal and accounting services provided solely to insure compliance with this Act. Permits the candidate to petition the Federal Election Commission for a waiver of such limitation if such costs exceed the limitation. Requires, upon the termination or dissolution of such fund, that remaining amounts be contributed to the Treasury to reduce the budget deficit or transferred to a subsequent compliance fund. Increases the primary and runoff election spending limits by the amount of independent expenditures against a candidate or for his opponent during the two-year election cycle. Allows a candidate to accept private contributions in the event of a prorated payment from the Senate Fund. Establishes formulae for determining entitlements of candidates of a major party and for those not of a major party. Entitles candidates to certain broadcast media rates and mailing rates. Provides for additional payments and suspension of spending limits in cases where non-participating candidates and their committees exceed spending limitations. Permits candidates who receive such additional benefits to use funds to defray expenditures in the general election. Prohibits the use of such benefits to: (1) make any payments directly or indirectly to the candidate or the candidate's immediate family; (2) make expenditures other than to further the general election; (3) make expenditures in violation of State or Federal law; or (4) repay any loan except to the extent the proceeds of such loan were used to further the general election. Requires the Federal Election Commission to certify the eligibility of candidates to the Secretary of the Treasury in order for such candidates to receive benefits. Requires the Secretary to maintain in the Presidential Election Campaign Fund the Senate Fund for the deposit of funds for payments to eligible candidates. Makes candidates liable for repayment to the Fund for any excess amounts they receive. Provides for prorating payments when monies in such Fund are insufficient. Directs the Commission, after each general election, to audit the campaign expenses of publicly financed candidates. Establishes criminal penalties for knowing or willful violations of this Act. Subjects Commission actions under this Act to judicial review by the United States Court of Appeals for the District of Columbia Circuit. Directs the Commission, after each election, to report to the Senate on actions taken under this Act. Authorizes appropriations to the Commission as necessary. Amends the Internal Revenue Code to increase the amount an individual may designate to the Presidential Election Campaign Fund from $1 to $2 (and in the case of joint returns, from $2 to $4). Sets forth reporting requirements for Senate candidates relating to spending limitations, candidacy eligibility, and independent expenditures. Requires each political committee active in non-Federal elections and maintaining separate accounts for such purpose to file with the Commission reports of funds received into, and disbursements made from, such accounts for activities which may influence elections to Federal office. Requires, when two or more persons make expenditures in concert to promote the election or defeat of a candidate, each such person to report to the Commission on such expenditures. Requires political committees to report the name and address of secondary payees who provide goods and services to the candidate. Requires a Senate candidate, within 15 days of qualifying for a primary ballot, to file a declaration with the Commission stating whether he or she intends to expend from personal funds, and the funds of the candidate's immediate family, and incur personal loans in connection with the campaign in the aggregate of $250,000 or more for the election cycle. Requires a candidate who makes such expenditures to report to the Commission within 24 hours after such expenditures have been made, and thereafter, each time an expenditure exceeds $10,000. Requires the Commission to notify eligible candidates of such reports. Limits the amount that political committees may contribute to House elections to $100,000 for a general or special election and $25,000 for a runoff election. Limits contributions to Senate elections to 30 percent of spending limits established by this Act for Senate candidates. Limits contributions to State committees of a political party to: (1) $25,000; or (2) two cents multiplied by the voting age population of the State, whichever is greater. Declares such contributions to State committees applicable to each two-year election cycle. Prohibits a congressional campaign committee from accepting, during a two-year election cycle, contributions from multicandidate political committees and separate segregated funds which exceed 30 percent of the total expenditures which may be made during such cycle by that committee on behalf of congressional candidates. Prohibits a national committee of a political party from accepting contributions from multicandidate political committees and separate segregated funds during the election cycle which equal an amount in excess of two cents multiplied by the voting age population of the United States. Provides that such prohibition does not apply to direct mail communications designed for fundraising purposes which make only incidental reference to Federal candidates. Provides for the accountability of contributions made by intermediaries or conduits. Describes when an expenditure shall not constitute an independent expenditure for purposes of this Act. Requires, when independent expenditures are made for television broadcast communications, that a statement appear continuously during such broadcast showing the name of the person or committee making such expenditure. Requires any type of general public communication to include such statement. Prohibits the use of campaign contributions to repay loans by a candidate to the candidate or the candidate's authorized committees. Makes referral to the Justice Department by the Commission mandatory in the case of criminal matters. Includes as a contribution to a Senate candidate an extension of credit for more than 60 days in an amount of more than $1,000. Amends provisions of law regarding the Postal Service to provide for reduced rates for eligible Senate candidates. Amends the Federal Election Campaign Act of 1971 to require a non-eligible Senate candidate to disclose in advertisements or announcements that such candidate has not agreed to spending limits set forth under this Act. Repeals the exception which permits a Member of Congress who was such a Member on January 8, 1980, to convert excess campaign contributions to personal use. Requires presidential candidates to certify to the Commission that during the presidential primary and general election period, the candidate and his authorized committees and agents have not and will not solicit, receive, or spend, directly or indirectly, any funds in connection with a Federal, State, or local election unless such funds are subject to Federal fundraising and expenditure limitations. Prohibits a State committee of a political party from making any expenditure in connection with the general election campaign of any presidential candidate affiliated with such party which exceeds an amount equal to four cents multiplied by the voting age population of that State. Subjects to Federal fundraising and expenditure limitations any amount solicited, received, or spent by a national, State, or local committee of a political party, if such amount is solicited, received, or spent in connection with a Federal election. Amends the Federal Election Campaign Act of 1971 to revise membership requirements of the Federal Election Commission.
United States · United States Congress · 25 January 1989
Chemical and Biological Weapons Control Act of 1989 - Requires the imposition of certain sanctions against any foreign country which uses chemical or biological weapons in violation of international law or against its own citizens. Specifies such sanctions as: (1) a prohibition against the sale or export to any such country of any item on the U.S. Munitions List; (2) a prohibition against the exportation to any such country of any goods or technology listed on the control list established pursuant to the Export Administration Act of 1979; (3) U.S. opposition to any loan or financial or technical assistance to any such country by international financial institutions; (4) a prohibition against U.S. military or economic assistance to the sanctioned country; (5) a prohibition against the importation of any goods or services from any such country; (6) a prohibition against credit or credit guarantees through the Export-Import Bank of the United States; (7) a prohibition against U.S. banks making any loan or providing any credit to any such country; and (8) a denial of landing rights in the United States to any airline owned by the government of any such country. Authorizes the President to waive some or all of such sanctions for a period not to exceed nine months upon a determination that such a waiver would be in the national interest. Requires the President to notify the Congress of the imposition of such sanctions not later than five days after such sanctions become effective. Provides for the removal of such sanctions after specified conditions are met. Provides for the sanctity of contracts entered into prior to the date on which Congress is notified of the imposition of sanctions. Requires the President to report to the Congress every 180 days on: (1) efforts by Iran, Iraq, Libya, Syria, and other developing nations to acquire materials and technology to produce and deliver chemical and biological weapons; and (2) an assessment of such countries' present and future capability to produce and deliver such weapons. Urges the President to cooperate in multilateral efforts to control chemical and biological weapons and to give full support to United Nations involvement in such efforts.
United States · United States Congress · 25 January 1989
Hatch Act Reform Amendments of 1989 - Declares that a Federal employee may take an active part in political management or in political campaigns, except that an employee may not: (1) use official authority or influence for the purpose of interfering with or affecting the result of an election; (2) knowingly solicit, accept, or receive a political contribution from any person, unless such person is a member of the same Federal employee organization and the solicitation is for a contribution to the multicandidate political committee of such organization; or (3) run for the nomination or as a candidate for election to a partisan political office. Prohibits an employee from engaging in political activity: (1) while on duty; (2) in any room or building occupied in the discharge of official duties by a Federal employee or official; (3) while wearing a uniform or official insignia identifying the office or position of the employee; or (4) while using any vehicle owned or leased by the Government. Exempts certain high level political appointees from such prohibitions if the costs associated with the political activity are not paid for by money derived from the Treasury. Includes U.S. Postal Service, Postal Rate Commission, and District of Columbia employees within the coverage of this Act.
United States · United States Congress · 25 January 1989
Act for Better Child Care Services of 1989 - Makes eligible for services under this Act children: (1) who are less than 16 years of age; (2) whose family income does not exceed the State median income for a family of the same size; and (3) who either reside with a parent or parents who are working, seeking employment, or enrolled in a job training or educational program, or reside with a parent or parents not thus described and receive or need to receive protective services. Authorizes appropriations for FY 1990 through 1994. Directs the Secretary of Health and Human Services (the Secretary) to make grants to applicant Indian tribes or tribal organizations for programs and activities under this Act for the benefit of Indian children. Requires the designation of a lead agency in each State which participates in the program under this Act. Requires States to submit, in order to qualify for assistance under this Act, an application and five-year plan to the Secretary. Requires the plan to specify that at least 75 percent of the State allotment will be used to provide qualified child care services to eligible children, on a sliding fee scale basis (according to specified funding methods) with priority given to services to children of families with very low incomes for their size. Requires that child care services provided out of a State allotment be provided by: (1) contracts directly with or direct grants to eligible child care providers; (2) grants to local governments to contract with such providers to provide such services directly; or (3) child care certificates distributed to parents of eligible children to enable them to purchase such services from such providers. Requires that a specified portion of State allotment funds be used to enable providers to extend the hours of operation of part-day programs to provide full-working-day child care services throughout the year. Prohibits financial assistance under this Act from being expended for the construction of a new facility, and sets forth limitations on such assistance for renovation or repair of existing facilities. Authorizes the Secretary to make planning grants, in the first year of their program participation, to States which desire to participate under this Act but cannot fully satisfy the requirements of a State plan without financial assistance. Provides for a review of the operation of a State plan during the five-year period to determine the State's continued eligibility for funds. Directs the Governors of each participating State to establish, and appoint members of, a State advisory committee on child care to assist the lead agency, review and evaluate services, make recommendations on standards and practices, and perform other functions to improve the quantity and quality of child care services. Requires the committee to have a subcommittee on licensing to review the laws applicable to, and the licensing requirements and policies of, each licensing agency regulating child care services and programs in the State (unless the State has done such a review during the four years before the establishment of the committee). Requires the subcommittee to report to the Governor on specified matters, and the Governor to report to the Secretary with comments and a plan for correcting or improving licensing, regulating, and monitoring of child care services and programs. Requires States receiving funds under this Act to designate private nonprofit community-based organizations or public organizations, including local governments, as resource and referral agencies for particular areas, and to provide assistance to such agencies. Requires each participating State to require that all employed or self-employed persons providing licensed or regulated child care complete at least 15 hours per year of specified training. Directs the State to make grants, and enter into contracts with, specified entities to provide such training to eligible providers, including family child care providers. Requires participating States to provide scholarship assistance to: (1) individuals who seek a nationally recognized child development associate credential for center-based or family child care and whose income is not more than 50 percent above the poverty line; and (2) caregivers who seek to obtain the 15-hour minimum annual training and whose income is not above the poverty line. Requires States to establish in the lead agency a clearinghouse to collect and disseminate training materials to resource and referral agencies and child care providers. Provides for child care public-private partnership. Requires participating States to carry out activities designed to encourage businesses to support or provide child care services to a reasonable mix of children of employees and nonemployees, including those from different socioeconomic backgrounds. Establishes the President's Award for Responsive Management Policy to honor public and private sector employers who have: (1) successfully implemented personnel programs and policies responsive to child care needs of working parents; or (2) made significant contributions to child care projects. Directs the Secretary of Labor to promulgate regulations for annual awards by the President. Establishes in the Department of Health and Human Services the position of Administrator of Child Care who shall: (1) coordinate all activities of the Department and of other Federal agencies relating to child care; (2) annually collect and publish State child care standards, including periodic modifications; (3) evaluate activities funded under this Act; (4) act as a clearinghouse for specified matters, including studies on salaries of child care workers; and (5) provide technical assistance to States to carry out this Act. Establishes enforcement provisions for review of State plans and monitoring of State compliance. Sets the Federal share for funding activities under a State plan at 80 percent, but raises it to 85 percent when the State demonstrates that all child care providers are appropriately licensed and regulated and that those receiving assistance meet certain requirements and minimum standards. Requires the Secretary to establish a National Advisory Committee on Minimum Child Care Standards to: (1) review Federal policies on child care services and such other data as appropriate; (2) submit to the Secretary proposed minimum standards for child care programs; and (3) develop and make available to lead agencies model regulations for resource and referral agencies. Terminates the Committee after the Secretary establishes such standards. Prohibits financial assistance under this Act from being used for: (1) any sectarian purpose or activity, including sectarian worship and instruction; and (2) with regard to services to students in grades one through 12, any services during the regular school day, or for which academic credit is given toward graduation, or which supplant or duplicate a public or private school academic program. States that financial assistance under this Act constitutes Federal financial assistance for purposes of various civil rights and nondiscrimination laws. Prohibits a child care provider from discriminating against any child on the basis of religion in providing child care services in return for a fee paid, reimbursement received, or certificate redeemed, in whole or in part with financial assistance provided under this Act. Provides that nothing in this Act shall be construed or applied in any manner to infringe upon or usurp the the moral and legal rights and responsibilities of parents or legal guardians. Authorizes any State to assist in the establishment and operation of a child care liability risk retention group (i.e., a corporation or other limited liability association whose members are child care providers licensed or accredited pursuant to State and local law and standards, and which otherwise satisfies specified criteria for risk retention groups). Directs the Secretary to make allotments to each State for such child care liability risk retention groups, on the basis of a specified formula.
United States · United States Congress · 25 January 1989
Amends the Foreign Agents Registration Act of 1938 to declare that a foreign principal shall be considered to control a person in major part if: (1) such principal holds more than 50 percent of equitable ownership in such person; or (2) such principal, subject to rebuttal evidence, holds at least 20 percent but not more than 50 percent of equitable ownership in such person. Requires agents of foreign principals who have filed registration statements to file supplements to such statements with the Attorney General on January 31 and July 31 of each year. Repeals a provision exempting agents of foreign principals who are qualified to practice law from filing registration statements. Imposes civil penalties upon persons who have: (1) failed to file such registration statements; or (2) omitted a material fact or made false statements on such registration statements.
United States · United States Congress · 25 January 1989
1991 Mount Rushmore Commemorative Coin Act - Requires the Secretary of the Treasury to issue a specified number of five-dollar gold coins, one-dollar silver coins, and half-dollar clad coins in commemoration of the Mount Rushmore National Memorial. Provides that such coins shall be considered legal tender. Requires the Secretary to begin issuing such coins on January 1, 1991. Allows the Secretary to obtain silver for the minting of such coins from stockpiles established under the Strategic and Critical Minerals Stock Piling Act and to obtain gold pursuant to authority under existing law. Provides that the design of such coins shall be selected by the Secretary after consultation with the Mount Rushmore National Memorial Society of Black Hills. Specifies the sales price of such coins as the face value plus costs. Requires that all sales of such coins include a surcharge of $35 per coin for five-dollar coins, $7 per coin for one-dollar coins, and $1 for half-dollar coins. Requires that of the total surcharges received by the Secretary from the sale of such coins: (1) 50 percent shall be returned to the Treasury for purposes of reducing the national debt; and (2) 50 percent shall be paid to the Society to assist efforts to improve the Mount Rushmore National Memorial. Authorizes the Comptroller General to audit such payments. Requires the Secretary to take such actions as may be necessary to ensure that the minting and issuance of such coins shall not result in any net costs to the Government.
United States · United States Congress · 25 January 1989
Veterans Benefits and Health Care Act of 1989 - Title I: Compensation and Other Benefits - Part A: Cost-of-Living Adjustments - Directs the Secretary of Veterans Affairs to increase the following: (1) the rates of, and limitations on, Department of Veterans Affairs disability compensation and dependency and indemnity compensation; and (2) rates of certain disability compensation that were increased to coincide with benefit increases under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act. Authorizes rate increases or increased allowance for the following: (1) rehabilitation subsistence allowances for veterans with service-connected disabilities; and (2) educational assistance for veterans' survivors and dependents. Part B: Other Benefits Provisions - Expands the eligibility for a veterans' clothing allowance to authorize such allowance for veterans who, because of a compensable disability, use medication for a service-connected skin condition which stains or damages such veteran's clothing. Increases the monthly pension payments authorized for veterans being furnished domiciliary care in a Department facility. Extends the period authorized for payment of full pension benefits for veterans being furnished hospital or nursing home care by the Department. Authorizes the Secretary to extend the period during which such a veteran's pension is not reduced in specified circumstances. Limits such extensions. Extends through 1991 the authority for veterans' readjustment appointments within the Federal Government for eligible veterans of the Vietnam era. Part C: Program Administration - Expands the authority for multiyear contract procurement to include the procurement of non-medical items within the Department. Title II: Health Care - Part A: Programs Relating to Post-Traumatic Stress Disorder and Mental Health - Authorizes the provision of health care and services for: (1) veterans who served on active duty during World War I or II, the Korean Conflict, the Vietnam Era, or in any other area during a period in which hostilities occurred; and (2) veterans whom a mental health professional designated by the Chief Medical Director has diagnosed to be suffering from post-traumatic stress disorder related to such service. Directs the Special Committee on Post-Traumatic Stress Disorder to submit to the Secretary and the Senate and House Veterans' Affairs Committees no later than June 1, 1989, a report on the Committee's evaluation of the results of a study required under the Veteran's Health Care Amendments of 1983 relating to the diagnosis and treatment of veterans suffering from post-traumatic stress disorder. Directs the Secretary to comment to the veterans' committees concerning such report. Requires the Committee to update certain reports required of the Committee under the Veterans' Health Care Act of 1984 and requires the Secretary to comment to the veterans' committees concerning such updates. Directs the Secretary to provide for the conduct of a study of the psychological problems among Asian-American, American-Indian, Native-Hawaiian, other Native-American Pacific Islander, and Alaska Native Vietnam veterans. Directs the Secretary to study particularly such veterans who have service-connected disabilities and women veterans. Requires a report from the Secretary to the veterans' committees on such study. Directs the Secretary, in certain papers required to be submitted to the President annually, to identify the amounts in the appropriations requests for the VA that are estimated to be obligated for payments and treatments for veterans suffering from post-traumatic stress disorder, and for education, training, research, and the operation of the National Center on Post-Traumatic Stress Disorder. Part B: Other Health-Care Programs - Includes within the definition of "medical services" for coverage under Federal veterans' benefits' provisions services to achieve pregnancy in a veteran or a veteran's spouse when such services are necessary to overcome a service-connected disability impairing the veteran's procreative ability. Authorizes the Secretary to contract with an element of the Department or any other Federal entity to provide for therapeutic work for patients and members in Department health-care facilities. (Currently, the Secretary may contract with private industry or other sources outside the Department.) Extends through FY 1992 the authorization of appropriations to assist States in the construction of State nursing home facilities. Directs the Secretary, during FY 1990 through 1993, to conduct a pilot program for providing assistive animals to aid veterans in the performance of daily living tasks which they are unable to perform due to certain disabilities or handicaps. Outlines administrative provisions and requires reports from the Secretary to the veterans' committees concerning such program. Directs the Secretary, during FY 1990 through 1993, to conduct a pilot program for furnishing signal dogs to not more than 20 veterans who have service-connected hearing impairments and are in need of the assistance of such dogs. Provides that the Secretary is not required to conduct such pilot program if the provision of such dogs to such veterans is currently authorized. Outlines administrative provisions and requires reports from the Secretary to the veterans' committees concerning such program. Part C: Health-Care Administration - Requires the Assistant Secretary for the Department who is assigned management, productivity, and logistic support functions to be responsible for the functional and technical supervision of the performance of security and law enforcement functions within the Department. Directs the Secretary to report to the veterans' committees concerning certain security and law enforcement matters. Includes health-care facilities in a provision authorizing the sharing of specialized medical resources with medical schools, hospitals, and medical research centers. Revises the authority to share specialized medical resources. Includes coverage of Veterans Health Services and Research Administration personnel under Federal employees' collective bargaining rights and procedures. Revises provisions concerning disciplinary actions and grievances within the Department's Veterans Health Services and Research Administration. Directs the Secretary to establish a task force to recommend policies and legislation for the elimination of inconsistencies among provisions of law relating to veterans' eligibility for certain health-care benefits. Directs the Secretary to review the report submitted by the task force and either approve the recommendations for legislation contained therein or prepare alternative legislative proposals appropriate for the elimination of the inconsistencies identified by the task force. Requires a report from the Secretary to the veterans' committees concerning the recommendation of such legislative proposals.
United States · United States Congress · 25 January 1989
Smart Start: The Community Collaborative for Early Childhood Development Act of 1989 - Directs the Secretary of Education (the Secretary) to make grants to States and localities with approved plans and applications to assist them to expand or establish full-day early childhood development services for prekindergarten children. Authorizes appropriations for FY 1990 through 1994. Sets forth requirements relating to State and local eligibility for Federal assistance under this Act, including establishment or designation of a State Advisory Task Force and a Local Policy Group. Provides for Federal assistance to localities in States which elect not to participate. Prohibits any locality funded under specified provisions from receiving less than $25,000 in total Federal and State funds provided under this Act. Allows any locality to apply for a six-month planning grant to the State or, if the State does not participate, to the Secretary. Provides for State Advisory Task Forces. Requires each Task Force to report annually to the Governor and the Secretary on the status of early childhood development programs and child care programs operating within the States. Allows a State to use an existing comparable task force for such purposes. Directs the Governor to designate a Lead State Agency to administer the early childhood development programs assisted under this Act. Requires any locality desiring to receive a grant under this Act to form a Local Policy Group. Requires each Group to report annually to the State Advisory Task Force on the status of early childhood development programs and child care within the locality. Requires selection of a local administering agency by specified local officials from among specified types of local agencies. Makes a child eligible to participate in programs assisted under this Act in the school year two years prior to the school year in which the child would be eligible under State law to enter first grade. Permits any State or locality which has served all children of the eligible age group requesting services to use funds to serve children in the school year three years prior to the school year in which they would be eligible under State law to enter first grade. Sets forth family contribution requirements. Provides services under this Act without charge to eligible children in families with incomes under 115 percent of the poverty line. Requires, for eligible children from families with incomes at or above 115 percent of the poverty line, payment of fees on a sliding scale up to the full cost of such services. Sets forth minimum standards for service providers, including maximum group size and child to adult ratios, staff training and credentials, parental involvement, and health, safety, and nutrition requirements. Requires Local Policy Groups to: (1) arrange for periodic on-site evaluation of local programs; and (2) report annually to the Task Force. Requires the Task Force to: (1) arrange for periodic on-site monitoring, inspection, and evaluation of programs; and (2) report annually to the Governor and the Secretary. Directs the Secretary, either directly or by grant or contract, to provide for continuing evaluation of programs, especially on the use of nonparticipant control groups. Authorizes the Secretary to require States or localities to provide for independent evaluations. Directs the Secretary to: (1) publish results of evaluations within 90 days of their completion; and (2) submit copies to the appropriate congressional committees. Directs the Secretary to report annually to the appropriate congressional committees.
United States · United States Congress · 25 January 1989
Whistleblower Protection Act of 1989 - Separates the Office of Special Counsel from the Merit Systems Protection Board. Empowers the Special Counsel to represent and act as legal counsel on behalf of employees alleging prohibited personnel practices, especially whistleblowers. Revises current law with respect to the Special Counsel to reflect its advocate status. Authorizes the Board to grant protective orders to protect a witness or other individual from harassment either during a proceeding before the Board or during a Special Counsel investigation. Requires the Board, when it considers alternative places for conducting hearings or proceedings, to select the place closest to the location of the individual involved, unless the total administrative costs to the Government in conducting such hearings or proceedings would be less elsewhere. Authorizes the Special Counsel to file a petition to the Board against an official for: (1) engaging in prohibited personnel practices; (2) violating a law within the jurisdiction of the Special Counsel; or (3) failing to comply with an order of the Board. Sets forth procedures for disciplining such officials. Prohibits the Special Counsel from intervening in cases without the employee's consent, except: (1) where the employee is charged with a prohibited personnel practice; or (2) where the Special Counsel allows an agency to take disciplinary action against an employee under Special Counsel investigation. Prohibits the Special Counsel from providing information concerning any person making an allegation of a prohibited personnel practice, except in accordance with applicable law, without the consent of such person. Prescribes procedures for the Special Counsel when disclosures are made by persons other than an employee, former employee, applicant for employment, or employee who obtained information in connection with official duties. Requires the Special Counsel to report annually to the Congress on its activities. Establishes requirements for the Special Counsel to make public certain information, including noncriminal matters. Authorizes employees who have been adversely affected by a prohibited personnel practice to bring an action before the Board (instead of or in addition to taking such action to the Special Counsel). Prohibits reprisals against an employee for disclosing information to the Inspector General of an agency or to the Special Counsel, or for failing to follow orders to disobey a law. Authorizes Federal agencies to give preference in granting transfers to whistleblowers. Provides interim relief for certain appellants to the Board. Authorizes appropriations for the Merit Systems Protection Board for FY 1989 through 1993 and for the Office of Special Counsel for FY 1989 through 1991. Provides that the relevant agency shall be named respondent in employee appeals of Board decisions where the appeal involves the underlying personnel action or a request for attorney fees.
United States · United States Congress · 25 January 1989
Cable Compulsory License Non-Discrimination Act of 1989 - Amends Federal copyright laws to subject certain secondary transmissions by cable systems to compulsory licensing if: (1) such transmissions take place entirely within the local service area of the primary transmitter and the cable system complies with specified requirements of the Communications Act of 1934; or (2) such transmission takes place wholly or partially beyond the local service area of the primary transmitter. Requires in both instances that carriage of the signals be permissible under Federal Communications Commission rules. Amends the Communications Act of 1934 to define the must-carry requirements with which cable service providers must comply. Redefines "local service area of a primary transmitter."
United States · United States Congress · 25 January 1989
Civil Rights Amendments Act of 1989 - Amends the Civil Rights Act of 1964 to prohibit discrimination on the basis of affectional or sexual orientation. Provides that this Act shall not be construed to permit a finding of discrimination based on statistical differences or the fashioning of any remedy requiring a quota.
United States · United States Congress · 25 January 1989
Pay Equity Technical Assistance Act - Directs the Secretary of Labor to develop and implement a continuing program of information dissemination, research, and technical assistance to public and private entities with respect to correction of wage-setting practices, and a reduction or elimination of wage disparities, to the extent that they are based on the sex, race, or national origin of the employee, rather than on the work performed and other appropriate factors.
United States · United States Congress · 25 January 1989
Employee Educational Assistance Act of 1989 - Amends the Internal Revenue Code to make permanent the income tax exclusion of amounts paid under employee educational assistance programs. (Under current law the exclusion expires as of tax year 1989.)
United States · United States Congress · 25 January 1989
Amends the National Flood Insurance Act of 1968 to extend the program of flood insurance for structures on land subject to imminent collapse or subsidence through September 30, 1992 (currently, September 30, 1989). Expands the area on the southern shore of Long Island, New York, to which such program shall not apply.
United States · United States Congress · 25 January 1989
National Acid Rain Control Act of 1989 - Title I: Acid Deposition Control and Assistance Program - Amends the Clean Air Act to require fossil fuel fired electric utility generating plants burning coal with excessive sulfur content to clean that coal prior to combustion. Requires such plants using flue gas desulfurization units to use adipic acid treatment. Directs the Administrator of the Environmental Protection Agency (EPA), within 18 months after the enactment of this Act, to compute a State share for each of the 48 contiguous States of a 12,000,000 ton reduction in annual emissions of sulfur dioxide by the year 2000 below that of 1985. Sets forth a formula for determining State shares. Permits States to reallot shares among themselves if the required total reduction in annual emissions of sulfur dioxide is still achieved. Sets deadlines and procedures for submission and approval of State plans for such State shares. Requires the owner or operator of any fossil fuel fired facility which is a major but not new stationary source to comply with an emission limitation equivalent to an average of 1.0 pounds of sulfur dioxide per million Btu's of heat input on a rolling 30-day average, if its State has not submitted or implemented an approved plan. Requires such owners or operators to submit a compliance plan to the Administrator for approval. Establishes in the Treasury the Acid Deposition Control Fund to provide funding for emissions reductions from specified appropriations. Sets forth conditions and administrative provisions for such Fund. Imposes a fee on each kilowatt hour of electric energy generated by an electric utility in the contiguous States. Directs the Administrator to make grants and contracts to accelerate research for developing other advanced industrial processes to reduce levels of sulfur dioxide and oxides of nitrogen, including limestone injected multistaged burner (LIMB) technology. Authorizes appropriations for FY 1990 through 1994. Title II: Control of Emissions of Oxides of Nitrogen - Directs the Administrator to revise nitrogen oxides emissions standards for electric utility steam generating units which burn bituminous or subbituminous coal. Sets maximum subbituminous emissions at 0.30 pounds per million Btu's and maximum bituminous coal emissions at 0.40 pounds per million Btu's, based on a 30-day rolling average. Requires the Administrator to promulgate emissions standards for new, large fossil fuel fired steam generating units. Establishes oxides of nitrogen emissions standards for light duty trucks after model year 1990. Title III: Motor Vehicle Fuel Conservation Act of 1989 - Motor Vehicle Fuel Conservation Act of 1989 - Amends the Motor Vehicle Information and Cost Savings Act to make passenger automobiles for model years 1992 and thereafter subject to new average fuel economy standards under this Act. Includes the term "light truck" within the definitions of such Act and makes conforming amendments. Exempts manufacturers of fewer than 10,000 light trucks per year from average fuel economy standards. Applies testing and calculation procedures of average fuel economy for passenger automobiles to light trucks. Establishes new average fuel economy standards for passenger automobiles and light trucks to set graduated increases over economy achieved for model year 1988 for model years 1992 and thereafter. Authorizes manufacturers to apply to the Secretary of Transportation for modification of such standards. Prohibits the adjustment of such standard if such adjustment would increase or decrease such standard by an amount in excess of 0.5 miles per gallon. Requires the Secretary to report annually to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Energy and Commerce on any such adjustment. Alters the average fuel economy standards established by this Act for model years 1992 through 2002 for manufacturers of passenger automobiles and light trucks which achieved average fuel economies of 27.5 and 21 miles per gallon, respectively, for model year 1985. Directs the Secretary, upon determining that a manufacturer failed to meet the applicable average fuel economy standard, to require such manufacturer to pay a vehicle fuel conservation fee. Substitutes such fee for the current requirement of a civil penalty and makes conforming amendments. Requires 50 percent of each fee to be deposited in the Vehicle Fuel Conservation Fund. Allows the Fund to be used for grants for vehicle fuel conservation research and authorizes appropriations for such research. Establishes average fuel economy standards for all passenger automobiles and light trucks acquired by executive agencies after model year 1991. Provides that any manufacturer that offers for sale to an executive agency a fleet of such vehicles which achieves at least ten percent more fuel efficiency than a fleet of similarly sized vehicles shall have its bid reduced by two percent. Requires the Administrator to consult with the Secretary of Energy before establishing testing and calculation procedures for measuring average fuel economy for passenger automobiles and light trucks. Authorizes (current law requires) fuel economy tests to be conducted in conjunction with emissions tests under the Clean Air Act. Directs the Administrator to measure a sampling of production passenger automobiles for each model type and year during the first month of manufacture for sale. Requires the adjustment of average fuel economy standards when necessary. Requires manufacturers to reflect any changes in such standards on automobile labels not more than 90 days after such changes are available. Requires that Federal testing and calculation procedures be repeated over a period of years to monitor automobile performance in use to determine the extent of decline in fuel economy. Directs the Secretary of Transportation to report biennially to the President, the Senate Committee on Commerce, Science, and Transportation, and the House Committee on Energy and Commerce on such measurements and calculations. Directs the Administrator to update the booklet containing fuel economy data at least twice a year. Directs the Secretary of Energy to distribute at least 100 booklets each year to each dealer and additional numbers if requested. Directs the Secretary, within two years of enactment of this Act, to submit suggestions to the Congress for additional legislation to carry out the purposes of the Motor Vehicle Information and Cost Savings Act. Requires the National Academy of Sciences to: (1) review the current state of research and development in passenger automobile and light truck fuel economy; (2) assess the potential for improving fuel efficiency and reducing energy consumption of such vehicles; and (3) report to the Congress on such review and recommend research priorities that could result in improvements in commercialization through the next century. Directs the Secretary of Transportation, no later than FY 1994, to develop and adopt post-2000 vehicle energy efficiency standards. Requires the Secretary to evaluate the economic justification for such standards and directs the Attorney General to determine the impact of any lessening of competition likely to result from such standards. Amends gas guzzler tax provisions of the Internal Revenue Code to: (1) revise the fuel economy standards used to determine the tax for automobile model years 1988 and later; and (2) increase the tax rate with respect to these same model years. Revises the definition of "model type" for purposes of these provisions. Allows tax credits for the purchase of fuel efficient passenger vehicles for model years 1992 through 2000. Title IV: Acid Deposition Damage Mitigation Program - Establishes a grants program for States with Administrator-approved plans for mitigating water quality damage caused by acid deposition. Limits such grants to 80 percent of State-expended funds for mitigation. Apportions funds among the States upon the basis of need.
United States · United States Congress · 25 January 1989
Social Security Equity Act of 1989 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that the combined earnings of a married couple which are attributable to the period of their marriage shall be shared equally between them for purposes of determining the eligibility for, and amount of, OASDI benefits to which each spouse is or may become separately entitled. Credits the survivor of the marriage with 100 percent of the combined total wages for the period of the marriage. Provides that this Act shall not apply in specified cases where it would result in a reduction of OASDI benefits. Sets forth certain age and marriage requirements with which married couples must comply in order for this Act to apply.
United States · United States Congress · 25 January 1989
Designates the Arctic Coastal Plain Wilderness within the Arctic National Wildlife Refuge, Alaska, as a component of the National Wilderness Preservation System.
United States · United States Congress · 25 January 1989
Anti-Drug Abuse Supplemental Appropriations Act of 1989 - Makes supplemental appropriations for FY 1989 for purposes specified in titles I through VIII and for drug treatment and rehabilitation services and assistance to law enforcement agencies. Title I: Departments of Justice and State and the Judiciary - Makes appropriations for the Department of Justice for: (1) salaries and expenses for the Federal Bureau of Investigation, the Drug Enforcement Administration, the Immigration and Naturalization Service, the General Legal Activities Account, U.S. Attorneys, the U.S. Marshals Service, and the Federal Prison System (FPS); (2) support of U.S. prisoners; (3) buildings and facilities of the FPS; (4) the National Institute of Corrections; (5) Office of Justice programs; (6) the National Institute of Justice; (7) the Bureau of Justice Statistics; (8) the Office of Juvenile Justice and Delinquency Prevention; (9) the Bureau of Justice Assistance; and (10) the State Justice Institute. Makes appropriations for the Department of State for: (1) expenses for development, procurement, and implementation of a machine-readable travel and identity document border security program; and (2) rewards for information concerning narcotics-related offenses. Makes appropriations for the Judiciary for: (1) salaries and expenses for courts of appeals, district courts, and other judicial services; (2) defender services; (3) fees of jurors and commissioners; and (4) security equipment. Title II: Departments of Labor, Health and Human Services, and Related Agencies - Makes appropriations for: (1) the Department of Labor for substance abuse employee assistance programs in the workplace; (2) the Department of Health and Human Services for certain substance abuse prevention and treatment activities; (3) the Department of Education for school improvement programs and for the National Commission on Drug-Free Schools; and (4) related agency substance abuse prevention and education activities. Title III: Department of Agriculture - Makes appropriations to the Department of Agriculture for: (1) the Food and Nutrition Service for preparing and distributing drug abuse education materials; and (2) the National Forest Service for Federal law enforcement activities relating to the use and production of narcotics and controlled substances on lands administered by the Service. Title IV: Department of Transportation - Makes appropriations to the Department of Transportation for: (1) the Coast Guard for drug interdiction program operating expenses; (2) acquisition, construction, and improvements; (3) the Federal Highway Administration for drunk driving prevention programs; and (4) the National Highway Traffic Safety Administration to establish a regional pilot program for training law enforcement officers to identify individuals operating a motor vehicle while under the influence of alcohol or controlled substances. Title V: Department of the Treasury - Makes appropriations to the Department of the Treasury for: (1) salaries and expenses for the Bureau of Alcohol, Tobacco and Firearms; (2) salaries and expenses for the U.S. Customs Service, including funding for development, procurement, and implementation of a machine-readable travel and identity document border security program; (3) operations and maintenance for the Customs Service's air interdiction program; and (4) the Federal law Enforcement Training Center. Makes appropriations for: (1) the National Commission on Measured Responses to Achieve a Drug-Free America by 1995; and (2) the President's Media Commission on Alcohol and Drug Abuse Prevention. Title VI: Foreign Assistance - Makes appropriations to the Department of State for: (1) multilateral assistance authorized by the International Narcotics Control Act of 1988; and (2) military assistance to the armed forces of Colombia to combat illicit narcotics production and trafficking. Title VII: Departments of Housing and Urban Development and Veterans Affairs - Makes appropriations to the: (1) Department of Housing and Urban Development for the Public Housing Drug Elimination Pilot Program; and (2) Department of Veterans Affairs for drug and alcohol treatment programs. Title VIII: Department of the Interior - Makes appropriations for: (1) Indian alcohol and substance abuse prevention and treatment; (2) Federal law enforcement activities related to the use and production of narcotics and controlled substances on Bureau of Land Management public lands and in National Park System units; and (3) grants to the Governments of American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, the Virgin Islands, and Palau for specified anti-drug abuse purposes under the United States Insular Areas Drug Abuse Act of 1986. Title IX: General Provisions - Precludes any part of any appropriation contained in this Act from remaining available for obligation beyond the current fiscal year unless expressly so provided. Expresses the sense of the Congress that Federal anti-drug abuse program funding levels for FY 1990 should be maintained at the FY 1989 levels provided under specified Acts together with increases authorized by the Anti-Drug Abuse Act of 1988.
United States · United States Congress · 25 January 1989
Prohibits all U.S. military and economic assistance for Turkey until the President certifies to the Congress that negotiations have achieved significant progress toward establishing a constitutional democracy in Cyprus and that the Turkish Government has: (1) withdrawn all Turkish military forces, in excess of those permitted by the 1960 Treaty of Guarantee, and all illegal Turkish colonists from Cyprus; (2) returned the area of Famagusta/Varosha to the Government of Cyprus; (3) returned the five Americans abducted by the Turkish invasion forces in 1974 and the 1,614 Greek Cypriots who have been missing since the Turkish invasion; (4) withdrawn its recognition of the Turkish Republic of Northern Cyprus; and (5) taken steps to reverse the illegal declaration of an independent state in northern Cyprus.
United States · United States Congress · 25 January 1989
Constitutional Amendment - Declares that equality of rights under the law shall not be denied or abridged by the United States or any State on account of sex.
United States · United States Congress · 25 January 1989
Expresses the sense of the Senate that the President's 1990 budget proposals for municipal sewage treatment should be rejected and that the Congress should assure the appropriation of the amount authorized for such program by the Water Quality Act of 1987.
United States · United States Congress · 25 January 1989
Declares that the Secretary of Transportation should refrain from adopting regulations to implement Essential Air Service reductions for 1989 and from taking action that would result in a reduction in Essential Air Service subsidies, until the Congress has had the opportunity to appropriate supplemental funding for the Essential Air Service Program for FY 1989.
United States · United States Congress · 3 October 1988
Commends the Honorable Robert C. Byrd, Majority Leader of the Senate, for his dedication to the ideals of representative democracy and for his outstanding service to the United States.
United States · United States Congress · 1 October 1988
Links resumption of U.S. assistance to the Government of Haiti to actions by the Haitian Government to: (1) embark upon a credible transition to democracy; (2) strictly observe human and civil rights and institute a judicial process to investigate and prosecute violations of human rights; (3) reform a corrupt bureaucracy; (4) promote economic development that will benefit the Haitian people; (5) improve cooperation with the United States in dealing with narcotics trafficking through Haiti and take steps to halt the involvement of the Haitian military in the transshipment of illicit drugs; and (6) demonstrate the willingness of the Haitian armed forces to submit to legally constituted civil authority and to respect and abide by the Haitian Constitution. States that: (1) there will be no resumption of regularized and sustained government-to-government assistance until the election of a civilian government pursuant to free, fair, and open elections; and (2) the appropriate executive branch officials should consult with the Congress before any kind of assistance is made available by the United States to the Government of Haiti. Declares support for the people of Haiti and their desire for democratic government and economic development. Directs the appropriate committees of the Congress to conduct hearings to determine appropriate and necessary legislative actions to promote free, fair, and open elections leading to civilian government in Haiti. States that the appropriate executive branch officials should examine ways that the United States can work with its allies and appropriate international organizations to develop a consistent and sustainable multilateral policy toward Haiti.
United States · United States Congress · 28 September 1988
Expresses the sense of the Congress that the United States should: (1) encourage all parties in Lebanon to support the constitutional mandate to elect a new president; (2) support actions which promote the unity of Lebanon; and (3) endorse national sovereignty for Lebanon.
United States · United States Congress · 28 September 1988
Links resumption of U.S. assistance to the Government of Haiti to actions by the Haitian Government to: (1) embark upon a credible transition to democracy; (2) strictly observe human and civil rights and institute a judicial process to investigate and prosecute violations of human rights; (3) reform a corrupt bureaucracy; (4) promote economic development that will benefit the Haitian people; (5) improve cooperation with the United States in dealing with narcotics trafficking through Haiti and take steps to halt the involvement of the Haitian military in the transshipment of illicit drugs; and (6) demonstrate the willingness of the Haitian armed forces to submit to legally constituted civil authority and to respect and abide by the Haitian Constitution. States that: (1) there will be no resumption of regularized and sustained government-to-government assistance until the election of a civilian government pursuant to free, fair, and open elections; and (2) the appropriate executive branch officials should consult with the Congress before any kind of assistance is made available by the United States to the Government of Haiti. Declares support for the people of Haiti and their desire for democratic government and economic development. Directs the appropriate committees of the Congress to conduct hearings to determine appropriate and necessary legislative actions to promote free, fair, and open elections leading to civilian government in Haiti. States that the appropriate executive branch officials should examine ways that the United States can work with its allies and appropriate international organizations to develop a consistent and sustainable multilateral policy toward Haiti.
United States · United States Congress · 23 September 1988
Amends the United States Institute of Peace Act to provide a permanent authorization of appropriations for the United States Institute of Peace. Repeals a provision prohibiting the use of Federal funds to pay for private fringe benefit programs.
United States · United States Congress · 20 September 1988
Marine Mammal Protection Act Amendments of 1988 - Amends the Marine Mammal Protection Act (the Act) to provide for an interim exemption period for commercial fishing operations (other than commercial yellowfin tuna fishing) from specified provisions of the Act governing the incidental taking of marine mammals. Sets forth requirements which supersede such provisions during the interim period (from the enactment of this Act until October 1, 1993). Makes such exemptions available only to owners of vessels which: (1) are vessels of the United States; and (2) have valid fishing permits issued by the Secretary of Commerce (the Secretary) under the Magnuson Fishery Conservation and Management Act. Declares the immediate goal that the incidental kill or serious injury of marine mammals permitted in the course of commercial fishing operations be reduced to insignificant levels approaching a zero mortality and serious injury rate. Sets forth procedures to be used during such interim period for identifying categories of fisheries and registering vessels and vessel owners in order to comply with the Act. Directs the Secretary to compile and publish lists of fisheries in three categories based on frequency of incidental taking of marine mammals by vessels in those fisheries. Requires proposed lists within 60 days after enactment of this Act, final lists within 120 days after enactment, and at least annual updating and revising of such lists based on specified information-gathering programs, other relevant sources, and public comment. Directs the Secretary to grant an exemption for a vessel engaged in a fishery identified under either of the two categories of frequent or incidental taking of marine mammals, upon the receipt of a completed registration form. (The third category is "remote likelihood of or no known incidental taking.") Directs the Secretary to issue annually a decal or other physical evidence that the exemption is current and valid. Provides that such exemptions shall authorize the incidental taking of marine mammals, other than California sea otters, from any species or stock, including a depleted population stock. Prohibits such exemptions from authorizing the intentional lethal taking of any Steller sea lion, any cetacean, or any marine mammal from a population stock designated as depleted. Establishes a 240-day grace period after the enactment of this Act, after which owners of vessels in fisheries where there is either frequent or occasional taking of marine mammals must: (1) have registered with the Secretary to obtain an exemption for each vessel; (2) ensure that the decal or other physical evidence of exemption is displayed on or in the possession of the master of each vessel; and (3) comply with specified reporting requirements. Requires owners of vessels receiving an exemption for any fishery where there is frequent taking to take on board a marine mammal observer if requested to do so by the Secretary, as a condition of such exemption. Subjects to penalties under the Act any owners and masters of vessels engaged in fisheries where there is frequent or occasional taking who fail to obtain, or to maintain a current and valid exemption, or to ensure that the decal is displayed or held. Exempts from such penalties any unknowing violations committed before January 1, 1990. Provides that owners, masters, and crew members of vessels engaged in any fishery not identified as a place of frequent or occasional taking of marine mammals shall not be subject to penalties if the owner reports to the Secretary instances of lethal incidental taking in the course of that fishery. Directs the Secretary to develop means by which to integrate and coordinate the granting and administration of exemptions with existing fishery licenses, registrations, and related programs. Directs the Secretary to use a variety of means of communicating to commercial fishermen the requirements of such interim exemption period. Authorizes the Secretary to charge a fee to cover administrative costs for granting an exemption. Requires owners of exempt vessels to compile information regularly for a report to the Secretary submitted either at the close of the fishing season or annually, as the Secretary may prescribe. Requires such reports to contain specified information relating to the incidental taking of marine mammals. Directs the Secretary to establish a program to enhance the quality of and to verify such information. Directs the Secretary to place observers on from 20 to 35 percent of exempted vessels for each fishery identified as having frequent taking of marine mammals, in order to obtain statistically reliable information on species and number of marine mammals incidentally taken in the fishery. Directs the Secretary to implement an alternative observation program if fewer than 20 percent of the fishing operations will be monitored. Sets forth guidelines for determining the distribution of observers among fisheries and vessels. Sets forth priorities for allocating observers among fisheries when the required level of coverage cannot be met. Requires collection of additional biological and scientific information on target and non-target fishery resources and seabirds, to be gathered upon request of appropriate entities. Sets forth conditions under which the Secretary is not required to place an observer on a vessel. Bars an observer (under this exemption program or the tuna vessel program under the Act), from suing a vessel owner under any law of the United States for any injury or fatality incurred during service as an observer, except in cases of the owner's willful misconduct or engaging the observer to perform any duties in service to the vessel. Authorizes appropriations for FY 1990 through 1993 to the Department of Commerce for such observer program. Directs the Secretary to establish an alternative observation program to provide statistically reliable information on the species and number of marine mammals incidentally taken: (1) in those fisheries identified as places of frequent taking for which the required (20 percent) level of observer coverage has not been met; or (2) for any other fisheries for which such reliable information is not otherwise available. Includes under such program direct observation of fishing activities from vessels, airplanes, or points on shore. Directs the Secretary to review information on the incidental taking of marine mammals and evaluate the effects of such taking on the affected population stocks. Directs the Secretary, upon finding that such taking is having an immediate and significant adverse impact on a marine mammal population stock, or such taking results in the annual killing of higher than specified numbers of Steller sea lions and North Pacific fur seals, to consult with appropriate Regional Fishery Management Councils and State fishery managers and prescribe emergency regulations to prevent any further taking. Sets forth requirements relating to such emergency regulations. Directs the Secretary, upon finding that such taking is not having an immediate and significant adverse impact but will likely have such an impact over a period of time longer than one year, to request the appropriate Regional Fishery Management Council or State to initiate, recommend, or take such action within its authority as it considers necessary to mitigate the impact, including adjustments to requirements on fishing times or areas, or imposition of restrictions on the use of vessels or gear. Directs the Secretary to impose appropriate conditions and restrictions on an exemption if: (1) a Regional Fishery Management Council or State does not act on such request in a reasonable period of time; or (2) the Secretary determines after notice and opportunity for public comment that the purposes of the interim exemption program would be better served by such action. Directs the Secretary to: (1) design and implement an information management system to process and analyze reports received from specified programs and other relevant sources on marine mammals; and (2) make such information accessible to the public on a continuing basis, no later than six months after it is received, subject to certain confidentiality requirements. Directs the Secretary, in carrying out duties during the interim exemption period, to use the services of various entities on a reimbursable or other basis. Authorizes the Secretary to enter into contracts and agreements to carry out such responsibilities. Requires the Secretary to establish appropriate guidelines for such other programs. Requires contractors providing observer services to provide evidence of financial responsibility to compensate employees for injury or fatality. Makes confidential any information collected under specified programs of the interim exemption period, and prohibits its disclosure, except to Federal, State, or Regional Fishery Management Council employees under certain conditions, or when required by court order. Directs the Secretary to prescribe procedures to preserve such confidentiality, but to release or make public any such information in a form which does not disclose the identity or business of any person. Directs the Secretary, in consultation with an affected Federal agency, to prescribe regulations for the interim exemption period. Directs the Chairman of the Marine Mammal Commission, after consultation with interested parties and not later than February 1, 1990, to transmit to the Secretary and make available to the public recommended guidelines to govern the incidental taking of marine mammals in the course of commercial fishing operations (other than certain commercial yellowfin tuna fishing) after October 1, 1993. Requires such guidelines to be developed by the Commission and its Committee of Scientific Advisors on Marine Mammals. Directs the Secretary, by February 1, 1991, to publish for public comment the suggested regime which the Secretary considers should, if authorized by enactment of additional legislation, govern incidental taking of marine mammals (other than in commercial yellowfin tuna fishing) after October 1, 1993. Sets forth requirements for such regime. Directs the Secretary, by January 1, 1992, after consultation with the Commission and consideration of public comment, to transmit to specified congressional committees recommendations pertaining to the incidental taking of marine mammals (other than in commercial yellowfin tuna fishing) after October 1, 1993. Sets forth requirements for such recommendations. Directs the Secretary to consult with the Secretary of the Interior before taking actions or making determinations for the interim exemption period that affect or relate to species or population stocks of marine mammals for which the Secretary of the Interior is responsible under the Act. Deems owners of fixed or other commercial fishing gear deployed with or without the use of a vessel to be owners of vessels engaged in the fishery in which that gear is deployed, for purposes of the interim exemption period. Sets forth new provisions relating to status review and to conservation plans. Directs the Secretary to make determinations of whether a species or stock should be (or should no longer be) designated as depleted only by issuance of a rule, after notice and opportunity for public comment and after a call for information in accordance with specified procedures. Directs the Secretary to do so regardless of whether such determination action is taken on the Secretary's own initiative or in response to a petition for status review. Directs the Secretary to publish: (1) calls for assistance in obtaining the best scientific information available; (2) notices of receipt of petitions for status review and their availability for public review; (3) within 60 days after receipt, findings as to whether petitions present substantial information that the petitioned action may be warranted; (4) findings as to whether such review will be commenced promptly or is precluded by other pending status determination petitions; (5) within 210 days after receipt of petition, a proposed rule as to status, with reasons (with at least a 60-day public comment period on such rule); and (6) within 90 days after the close of such comment period, a final rule on the status, with reasons. Allows the Secretary to delay issuance of a final rule for up to six months to solicit additional information where there is substantial disagreement regarding sufficiency or accuracy of available information. Authorizes the Secretary to issue a final rule as to status any time 60 or more days after a positive finding, upon determination that there is substantial information available to warrant such final status determination and further delay would pose significant risk to the well-being of any species or stock. Requires the Secretary to publish detailed reasons for the expedited determination. Directs the Secretary to prepare conservation plans: (1) by December 31, 1989, for North Pacific fur seals; (2) by December 31, 1990, for Steller sea lions; and (3) as soon as possible, for any species or stock designated as depleted under the Act, unless the Secretary determines such a plan will not promote their conservation. Requires such plans to: (1) have the purpose of conserving and restoring the species or stock to its optimum sustainable population; and (2) be modeled on specified recovery plans under the Endangered Species Act of 1973. Directs the Secretary to implement such plans expeditiously and report on them in the annual report under the Act. Revises provisions relating to the taking of porpoise in a tuna fishery. Prohibits the Secretary from finding that the regulatory program of a foreign nation is comparable to the U.S. program unless it has met specified standards relating to such taking, for purposes of importation embargo provisions. Requires any intermediary nation from which yellowfin tuna or tuna products will be exported to the United States to certify and provide reasonable proof that it has acted to prohibit their importation from any nation from which direct export to the United States is banned under such embargo, within 60 days after the effective date of such ban. Directs the Secretary to certify such bans to the President within six months after they come into effect, for purposes of the Fishermen's Protective Act of 1967. Directs the Secretary, through the Secretary of State, to initiate: (1) negotiations with foreign nations for treaties to protect marine mammals; and (2) discussions with foreign nations whose vessels harvest yellowfin tuna with purse seines in the eastern tropical Pacific Ocean to conclude international arrangements to conserve marine mammals taken incidentally in the course of harvesting. Requires such arrangements to include specified provisions. Directs the Secretary to describe the annual results of such discussions, and proposals for further action, in the annual report under the Act. Directs the Secretary, by January 1, 1989, to promulgate regulations to ensure that sets of the purse seine net on marine mammals are completed no later than 30 minutes after sundown. Authorizes the Secretary to waive or otherwise modify such regulations for either a designated certificate holder on an observed trip or all certificate holders on an observed trip upon determination that they are using techniques and equipment that assure that the incidental mortality rate will be no higher during sundown sets than during daylight sets. Allows the Secretary to: (1) authorize, after public notice and opportunity for comment, designated certificate holders to conduct experimental fishing operations on observed trips to test proposed improvements in fishing techniques and equipment to reduce incidental mortality of marine mammals in commercial yellowfin tuna fishing operations; and (2) waive general permit and other requirements as necessary for such experimental fishing (except for quotas on incidental taking and the prohibition against encircling pure schools of certain species). Directs the Secretary, after public notice and opportunity for comment and consultation with the shippers' panel of experts established pursuant to the general permit to develop and implement by the beginning of the 1990 fishing season a system of performance standards for certificate holders in the use of best marine mammal safety techniques and equipment that are economically and technologically practicable. Sets forth requirements for such system. Makes it unlawful to use class A explosive devices in the course of commercial yellowfin tuna fishing subject to the general permit. Directs the Secretary to prescribe regulations, effective April 1, 1990, to prohibit or restrict the use of class C explosive devices in the course of commercial yellowfin tuna fishing, unless a study determines that the use of such devices does not result in physical impairment or increased mortality of marine mammals. Requires, during the 1989 and subsequent fishing seasons, each certificated vessel to carry an official observer acceptable to the Secretary to conduct research and observe fishing operations, unless such an observer is not available for reasons beyond the Secretary's control. Authorizes the Secretary to waive such requirement after the 1991 season and establish a less extensive observer program upon determination, after notice and opportunity for comment, that such alternative program is adequate. Directs the Secretary to convene annual meetings with representatives of conservation and environmental organizations, the commercial tuna fishing industry, and other interested persons to discuss results of efforts to reduce incidental mortality and serious injury of marine mammals and to develop plans for such efforts during the next year. Directs the Secretary, by April 1, 1992, to submit to specified congressional committees a comprehensive report on the results of such efforts. Sets forth requirements for such report. Directs the Secretary to contract for an independent review, to be conducted by the National Academy of Sciences, of information on potential alternative methods of locating and catching yellowfin tuna without incidental taking of marine mammals. Requires such review to be submitted to the Secretary by September 8, 1989. Directs the Secretary to submit such review, with a proposed plan for research, development, and implementation of alternative fishing techniques, to specified congressional committees by December 5, 1989. Allows Federal, State, or local officials or employees, or designated persons, to take in the course of their duties a marine mammal in a humane manner for: (1) the mammal's welfare or protection; (2) protection of public health or welfare; or (3) nonlethal removal of nuisance animals. Allows the Secretary or a designated person to import a marine mammal if necessary to render medical treatment. Requires return of the mammal to its natural habitat where feasible after such a taking or importation. Authorizes the Secretary to issue permits for: (1) importation of a marine mammal for the protection or welfare of that animal; and (2) the taking or importation of a marine mammal for scientific research, public display, or for enhancing the survival or recovery of a species or stock, under certain conditions. Sets forth limitations on such permits. Extends through FY 1993 the authorization of appropriations to the Department of Commerce, the Department of the Interior, and the Marine Mammal Commission to carry out specified duties under the Act. Directs the Secretary to study the east coast epidemic during 1987 and 1988 which has caused substantial mortality within the North Atlantic coastal population of Atlantic bottle-nosed dolphin. Sets forth requirements for such study. Directs the Secretary to submit a plan for such study to specified congressional committees by January 1, 1989. Amends the Fishermen's Protective Act of 1967 to authorize the President to direct the Secretary of the Treasury to prohibit the bringing or the importation into the United States of any products (currently, only fish products) from an offending foreign nation that diminishes the effectiveness of an international fishery conservation program. Amends the Fur Seal Act of 1966 to authorize appropriations to the Secretary to fund the Saint Paul Island Trust (which is one portion of the Trust for the benefit of the Natives of the Pribilof Islands) for FY 1989 and 1990.
![Official portrait of Sen. Kerry, John F. [D-MA]](https://www.congress.gov/img/member/k000148_200.jpg)