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Official portrait of Sen. Riegle, Donald W., Jr. [D-MI]

Sen. Riegle, Donald W., Jr. [D-MI]

United States · Official source

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4,376 records where Sen. Riegle, Donald W., Jr. [D-MI] is listed as a sponsor, author, or other actor. Search with topics and years

Bill· SS. 1628 (101st)referred

Special Needs Adoption Assistance Act of 1989

United States · United States Congress · 14 September 1989

Special Needs Adoption Assistance Act of 1989 - Amends the Internal Revenue Code to allow a tax deduction for qualified adoption expenses. Allows such deduction whether or not a taxpayer itemizes deductions. Directs the Office of Personnel Management to establish a demonstration program under which an employee is reimbursed for qualifying adoption expenses incurred in connection with the adoption of a child with special needs. Requires a report to the President and the Congress by October 1, 1992, on such program.

Resolution· SCONRESS.Con.Res. 69 (101st)referred

A concurrent resolution relating to the right of self-determination of the peoples of Latvia, Estonia, and Lithuania, and for other purposes.

United States · United States Congress · 14 September 1989

Urges the President to raise the issue of the political rights of the Baltic peoples in all diplomatic contacts with the Soviet Union, particularly the talks between Secretary of State Baker and Soviet Foreign Minister Shevardnaze scheduled for September 1989, and to call upon the Soviet Union to: (1) honor international agreements and the bilateral agreements it has entered into with Latvia, Estonia, and Lithuania; (2) allow the people of Latvia, Estonia, and Lithuania their right of self-determination; (3) recognize the human rights of all peoples within the Soviet Union and under Soviet influence; and (4) replace the policy of aggressive industrialization in the Baltic states with one of environmental responsibility.

Bill· SS. 1606 (101st)open

Disadvantaged Minority Health Improvement Act of 1989

United States · United States Congress · 12 September 1989

Disadvantaged Minority Health Improvement Act of 1989 - Title I: Health Promotion and Disease Prevention for Minorities - Subtitle A: Programs for Minorities Generally - Amends the Public Health Service Act (PHSA) to provide for the establishment of an Office of Minority Health. Authorizes the Secretary of Health and Human Services to make grants and contracts for research, training, education, epidemiological studies, and data collection with respect to the prevention and control among minority groups of diseases or other adverse health conditions. Authorizes appropriations. Directs the Secretary to administer provisions of the PHSA in cooperation with specified types of individuals, agencies, and organizations. Directs the Secretary to make grants or contracts for new and innovative programs in health information and health promotion, preventive health services, and education in the appropriate use of health care, specifically targeted at improving the health status of disadvantaged minorities. Authorizes appropriations. Subtitle B: Programs for American Samoa - Directs the Secretary to make grants or contracts for health promotion and disease prevention services for American Samoans living in the continental United States and the State of Hawaii. Authorizes appropriations. Title II: Disadvantaged Minorities in Health Professions - Subtitle A: Health Professions Generally - Requires that the Federal capital contribution and the school contribution to a student loan fund under existing provisions be used only for making loans to individuals from disadvantaged backgrounds. Authorizes appropriations. Authorizes the Secretary to make grants to health professions schools for scholarships to full-time students who are members of underrepresented minority groups and are from disadvantaged backgrounds. Authorizes appropriations. Directs the Secretary to establish a loan repayment program to assure an adequate supply of health professionals who are members of underrepresented minority groups and from disadvantaged backgrounds. Requires that loan recipients agree to accept a full-time faculty appointment at certain schools for at least two years. Authorizes appropriations. Subtitle B: Nursing - Authorizes the Secretary to make grants to schools of nursing for scholarships for full-time students who are members of underrepresented minority groups and from disadvantaged backgrounds. Authorizes appropriations. Directs the Secretary to establish a loan repayment program for full-time students in their final year of study who are members of underrepresented minority groups and from disadvantaged backgrounds. Requires that loan recipients agree to accept a full-time faculty appointment at certain schools for at least two years. Authorizes appropriations. Title III: Coordination of Federal Expenditures for Health Programs of Trust Territories of the Pacific Islands - Directs the Secretary to establish the Pacific Basin Health Services Council to monitor the need for health services and health professions development in the Pacific Basin and to establish priorities for the expenditure of public health funds in the Pacific Basin. Defines Pacific Basin to mean the Federated States of Micronesia, the Republic of Palau, the Republic of the Marshall Islands, the Commonwealth of the Northern Mariana Islands, Guam, and American Samoa. Requires the Council to give first priority in expending funds to continuing a specified medical officer training program. Authorizes appropriations.

Bill· SS. 1582 (101st)open

Investment in Freedom and Democracy in Poland Act of 1989

United States · United States Congress · 6 September 1989

Support for East European Democracy (SEED) Act of 1989 - Expresses the sense of the Congress that the United States should implement, beginning in FY 1990, a program of support for East European democracy to provide assistance to Eastern European countries which have taken substantive steps toward institutionalizing political democracy and economic pluralism. Title I: Structural Adjustment - Directs the U.S. Government, to the extent that Poland and Hungary continue to evolve toward pluralism and democracy and to develop and implement economic reforms, to: (1) mobilize international financial institutions to provide resources to help Poland and Hungary; (2) seek to coordinate within the Group of 7 by January 1990 a reserve made available to Poland through the International Monetary Fund (IMF) to facilitate monetary reforms; (3) support the Government of Poland in attacking hyperinflation and other economic and social problems and relieve urgent balance of payments requirements in Poland; and (4) urge all creditor governments to adopt a generous and early debt rescheduling program for Poland and expedite consultations between Poland and such governments to facilitate such rescheduling. Requires the Secretary of the Treasury to direct the U.S. executive director of the International Bank for Reconstruction and Development to: (1) urge approval of a certain amount of financing in the next three years for Poland; and (2) urge expeditious approval and disbursement by the Bank of a structural adjustment loan to Poland to facilitate major economic reforms scheduled for early 1990. Declares that the U.S. Government, to the extent that the IMF review of the Polish economy projects a probable balance of payments shortage for the fourth quarter of 1989, should work closely with the European Community and international financial institutions to determine the extent of emergency assistance required by Poland and consider extending a bridge loan to relieve urgent balance of payments requirements. Authorizes the President to furnish assistance for Polish economic stabilization programs. Declares that the President should call an urgent meeting of the industrialized democracies to respond to Poland's request to support its economic stabilization program. Makes available funds to carry out such program. Directs the United States, to the extent that Poland and Hungary continue to evolve toward pluralism and democracy and to develop and implement economic reforms, to: (1) make available agricultural assistance to Poland to alleviate food shortages and to facilitate the transition to a free market economy; and (2) encourage parallel efforts by the European Community and other agricultural surplus nations. Authorizes the provision of agricultural assistance to Poland. Requires the President to encourage innovative approaches to debt reduction of East European countries which have taken substantive steps toward political democracy and economic pluralism. Grants the President the authority to undertake the discounted sale to private purchasers of U.S. Government debt obligations of such countries. Permits such sale only if it will facilitate a debt-for-equity or debt-for-development swap. Title II: Private Sector Development - Authorizes the President to designate two private, nonprofit organizations as the Polish-American Enterprise Fund and the Hungarian-American Enterprise Fund to promote development of the Polish and Hungarian private sectors. Authorizes appropriations for the Funds for FY 1990 through 1992. Requires at least 80 percent of monies made available to the Funds under this and other Acts to be used for interest-bearing loans repayable to the Funds and for other investments. Permits grants to be made to the Funds only if the Funds are in compliance with this title. Sets forth provisions with respect to the administration of the Funds and auditing, recordkeeping, and reporting requirements. Prohibits the Funds and the Overseas Private Investment Corporation (OPIC) from financing any venture that: (1) benefits the Polish or Hungarian military or security forces or the military of the Soviet Union or any Warsaw Pact member state; (2) has more than 20 percent of ownership or interest, or was established, by the Polish or Hungarian Governments or Communist parties; (3) has a board of directors more than 20 percent of which is composed of high officials of the Polish or Hungarian Governments or Communist parties; or (4) is required to accede to the rules of the Council for Mutual Economic Assistance. Earmarks Fund monies for the economic foundation of NSZZ Solidarnosc and the Confederacy of Independent Poland, provided they meet Fund criteria. Requires the Secretary of Labor to provide technical assistance to Poland and Hungary for the implementation of labor market reform and to facilitate adjustment during the period of economic transition and reform. Outlines administrative authorities and types of assistance authorized. Authorizes appropriations. Directs the Agency for International Development (AID) to implement a technical training program for Poland and Hungary to enable such countries to develop market economies. Permits AID to use the Polish-American and Hungarian-American Enterprise Funds and other appropriate Federal and private agencies and programs to carry out such training. Authorizes appropriations for FY 1990 through 1992. Prohibits funding for the Farmer-to-Farmer program to be made available under the Food Security Act of 1985 or a similar provision of law. Authorizes appropriations for FY 1990 through 1992 to carry out Peace Corps programs in Poland and Hungary. Permits the use of local currencies generated by the sale of agricultural commodities made available to Poland to: (1) complement certain assistance made available under this Act; and (2) support the activities of a joint commission established under the American Aid to Poland Act of 1988. States that the use of such currencies should emphasize agricultural development in Poland. Permits AID to use a specified amount of funds made available under this Act for administrative expenses. Title III: Trade and Investment - Amends the Trade Act of 1974 to remove Poland from the list of countries ineligible for designations as beneficiary developing countries with respect to U.S. trade practices. Requires OPIC to support projects in Poland and Hungary to enhance the nongovernmental sector and reduce state involvement in the economy. Authorizes the Export-Import Bank to extend financial services to Poland and Hungary. Urges the President to seek bilateral investment treaties with Poland and Hungary to establish a more stable legal framework for U.S. investment in such countries. Title IV: Educational, Cultural, and Scientific Activities - Declares that the United States should: (1) expand its participation in and encourage educational and cultural exchange activities in Poland and Hungary; and (2) take action to establish binational Fulbright commissions with Poland and Hungary. Encourages the establishment of "sister institution" programs between American and Polish, and American and Hungarian, organizations. Authorizes appropriations for FY 1990 through 1992 to implement the 1987 U.S.-Polish science and technology agreement and the 1989 U.S.-Hungarian science and technology agreement. Expresses the sense of the Congress that the President should consider the establishment of reciprocal cultural centers in Poland and the United States and Hungary and the United States. Earmarks a specified amount of funds made available to the U.S. Information Agency for exchange activities in such countries. Title V: Other Assistance - Authorizes appropriations for FY 1990 through 1992 for the support of democratic institutions and activities in Poland and Hungary. Authorizes the Administrator of the Environmental Protection Agency to: (1) undertake environmental protection activities in Poland and Hungary; and (2) use a certain amount of funds under environmental statutes for such activities. Requires the Administrator to cooperate with Polish officials and experts on appropriate environmental projects, including: (1) the establishment of an air quality monitoring network in the Krakow metropolitan area; and (2) the improvement of water quality and the availability of drinking water in such area. Directs the Administrator to work with U.S. and Hungarian officials and private parties to establish and support a center in Budapest, Hungary, for facilitating cooperative environmental activities between governmental experts and U.S. and Eastern and Western European organizations. Requires the Secretary of Energy to give high priority to assisting Poland and Hungary in improving energy efficiency. Expresses the sense of the Congress that the Bush Administration should work with the Hungarian Government to achieve environmentally safe alternative investments in energy efficiency, particularly with regard to projects along the Danube River. Authorizes additional appropriations under the Foreign Assistance Act of 1961 for FY 1990 through 1992 to be available only for the provision of medical supplies and hospital equipment to Poland and for the training of Polish medical personnel.' Prohibits any of the assistance provided to Poland under this title from being used to: (1) perform or promote abortions; or (2) support the defense or security forces of any Warsaw Pact country. Expresses the sense of the Congress that the President should encourage national monetary and food contributions for assistance to Poland and Romanian refugees in Hungary. Declares that the President should draw upon all available authorities, use resources of the National Guard and Department of Defense, request additional authorities, as necessary, and encourage maximum participation by recognized private voluntary organizations to transport nonfinancial contributions to Poland. Title VI: "Take-off" Telecommunications Grant to Poland - Authorizes appropriations for FY 1990 to support the modernization of Poland's telephone and telecommunication infrastructure by means of competitively-bid contracts to U.S. corporations. Requires the President, in providing such support, to ensure the protection of militarily-significant telecommunications technology. Title VII: Policy Coordination and "SEED" Information System - Requires the President to designate a Coordinator of SEED Program Action within the Department of State. Declares that oversight of all programs under this Act and programs to assist Poland should be exercised by an interagency group. Commends the President for agreeing to send a high level team of experts to assess the transition taking place in Poland. Requires the interagency group to consult with such team of experts and make available findings to the Congress and the public. Directs the President to establish a SEED information center system to serve as a clearinghouse for information relating to business needs and opportunities in, and voluntary assistance to, Eastern Europe. Requires such system to encourage economically sound proposals to the Polish-American and Hungarian-American Enterprise Funds and other finance sources for the development of private enterprise in Eastern Europe. Provides that such sysem shall be based in Washington, D.C., and, until expanded, in Budapest and Warsaw. Amends the Tax Reform Act of 1986 to exempt certain Polish bonds from rules relating to below-market loans. Title VIII: Program Action and Reporting - Requires the President to report to the Congress on the SEED program and on democracy and free enterprise in Poland and Hungary. Makes funding under this Act unavailable to Hungary or Poland, respectively, if martial law or a state of emergency is declared for reasons other than a natural disaster or foreign invasion in either country or if a member of the Polish Senate or Sejm or the Hungarian National Assembly is arrested or removed from office through extraconstitutional processes. Requires the President to terminate assistance under this Act to Poland or Hungary unless he certifies to the Speaker of the House and the President pro tempore of the Senate that all arms transfers and security assistance provided by such countries to Cuba or Nicaragua have ceased. Title IX: General Provisions - Congratulates the Hungarian people on the declaration of the democratic Hungarian Republic and expresses the Senate's desire to enhance the friendly relations between the Hungarian and American peoples and Governments. Authorizes the AID Administrator to establish and administer a program to enable Polish and Hungarian students to study business and economics in the United States. Makes available economic support fund and development assistance for grants to States to carry out such program. Authorizes additional appropriations for FY 1990 through 1992. Expresses the sense of the Congress that: (1) the U.S. embassies in Budapest and Warsaw, the U.S. Trade Center in Warsaw, and the U.S. mission in Krakow should be assigned additional economic and commercial officers; and (2) such officers shall help the private sector in Poland and Hungary do business with nations of the Organization for Economic Cooperation and Development (OECD). Expresses the sense of the Congress that the U.S. ambassador of the OECD should enter into discussions with other member nations to establish a working group on providing assistance to Eastern European economies. Declares that the working group should: (1) provide technical assistance to Eastern European nations that the President determines have taken substantive steps toward instituting political democracy and economic pluralism and to members of the private sector of such nations attempting to make the transition to a free market economy; and (2) monitor economic changes in Eastern Europe. States that the U.S. ambassador should also enter into discussions with other member nations about the possibility of admitting Poland and Hungary to the OECD as observers for a one-year period. Requires the U.S. mission to the OECD to report to the Speaker of the House, the President pro tempore of the Senate, and the Commission on Security and Cooperation in Europe on the progress of such discussions and the activities of the working group. Authorizes the administrator of title I of the Foreign Assistance Act of 1961, during FY 1990, to use excess foreign currencies for: (1) purposes for which economic assistance is provided under such Act; and (2) any institution providing education to a significant number of U.S. nationals. Prohibits such currencies from being used in Communist countries listed under such Act. Directs the Secretaries of Commerce and Energy to establish a task force to analyze, and report to the Congress on, the current supply and demand situation of coal in the Soviet Union. Permits funds provided through the Hungarian-American and Polish-American Enterprise Funds to be used for the establishment of employee stock ownership plans. Requires the Secretary of State to report to the Congress on the confidence building measures that Poland and Hungary could undertake to facilitate the negotiation of agreements that would encourage greater private sector investments in such countries. Prohibits the U.S. Government from assisting any Chinese missile program until the President certifies to the Congress that China is not supplying ballistic missiles or missile technology to Iran, Iraq, Syria, or Libya, and has provided reasonable assurances that no future sales of missiles or missile technology to such countries are planned. Title X: Temporary Extension of Expiring Tax Provisions - Subtitle A: Temporary Extension of Expiring Tax Provisions - Amends the Internal Revenue Code to provide extensions for: (1) employer-provided educational assistance programs; (2) employer-provided group legal services plans; (3) the targeted jobs tax credit, with modifications; (4) the qualified small issue bond exemption; (5) the deduction for health insurance costs of self-employed individuals; (6) the energy investment credit for solar, geothermal, and ocean thermal property; (7) qualified mortgage bonds; (8) the low-income housing credit, with modifications; (9) the credit for increasing research activities; and (10) the waiver of early withdrawal tax penalty for distributions from employee stock ownership plans. Provides a tax exclusion for otherwise taxable employer-provided educational assistance that qualifies as a working condition fringe benefit. Provides for the allocation of research and experimental expenditures with respect to sources of income inside and outside of the United States. Amends the Railroad Retirement Solvency Act of 1983 to extend the deadline for transfers of certain revenue increases to the Railroad Retirement Account. Subtitle B: Acceleration of Deposit Requirements - Amends the Internal Revenue Code to change the time of deposit of social security taxes and withheld income taxes.

Bill· SS. 1530 (101st)open

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

United States · United States Congress · 4 August 1989

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

Bill· SS. 1569 (101st)referred

A bill to establish the Grand Island National Recreation Area in the State of Michigan, and for other purposes.

United States · United States Congress · 4 August 1989

Establishes the Grand Island National Recreation Area, Michigan, to provide for the conservation of the natural resources of such Area. Requires the Secretary of Agriculture to develop a management plan. Directs the Secretary to establish the Grand Island Development Commission to provide for non-Federal development on Grand Island. Authorizes appropriations.

Bill· SS. 1571 (101st)referred

A bill to amend the Social Security Act to establish in the Social Security Administration the Office of Chief Administrative Law Judge, and for other purposes.

United States · United States Congress · 4 August 1989

Amends title VII (Administration) of the Social Security Act to establish within the Social Security Administration (Administration) of the Department of Health and Human Services an Office of the Chief Administrative Law Judge which shall be headed by a Chief Administrative Law Judge who has completed at least three years of employment as an administrative law judge (ALJ). Directs the Secretary of Health and Human Services to establish in the Administration a Social Security Judicial Nomination Commission which shall: (1) be comprised of an Administrative Conference of the United States representative, an American Bar Association representative, and a Federal Bar Association representative; and (2) submit a list of three candidates to the Secretary from which the Secretary shall appoint a Chief Administrative Law Judge. Directs the Secretary to make all appointments of ALJs that conduct hearings or other administrative activities in the Administration. Requires ALJs who conduct a hearing in the Administration to make a decision on the record after such hearing. Requires that Medicare (title XVIII of the Act) hearings be conducted by ALJs serving in the Administration under procedures applied by the Secretary under title II (Old Age, Survivors and Disability Insurance) of the Act. Directs the Secretary and the Comptroller General to each report to the Congress by July 1, 1992, with recommendations concerning the participation of Administration ALJs in Medicare hearings.

Bill· SS. 1570 (101st)referred

A bill to amend the Social Security Act to partially deregulate the collection of fees for the representation of claimant in administrative proceedings.

United States · United States Congress · 4 August 1989

Amends titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVI (Supplemental Security Income) (SSI) of the Social Security Act to allow the representative of a claimant in an administrative proceeding to collect the fee agreed upon between the claimant and such representative which is specified in a written agreement filed with the Secretary of Health and Human Services. Requires the Secretary to approve such fee if it does not exceed the lesser of: (1) $4,000; or (2) 25 percent of past-due benefits (including any interim benefits paid during appeal) or, in the absence of such benefits, the lesser of three times the basic monthly benefit amount or the monthly benefit amount. Directs the Secretary to review a fee upon receipt of a written request for such review from the claimant, representative, administrative law judge, or other decision maker. Calculates such fees before reducing past-due OASDI benefits by the amount of worker's compensation and SSI benefits which would not have been received were OASDI benefits paid when due.

Bill· SS. 1552 (101st)referred

Allied Health Professionals Promotion Act of 1989

United States · United States Congress · 4 August 1989

Allied Health Professionals Promotion Act of 1989 - Amends provisions of the Public Health Service Act relating to grants and contracts concerning training of allied health personnel to direct the Secretary of Health and Human Services to allocate 75 percent of the funds authorized to those allied health fields or specialties the Secretary determines to have: (1) the most significant shortages of practitioners; and (2) a significant role in the care and rehabilitation of patients who are elderly or disabled. Changes the amount of currently authorized appropriations for FY 1990 and 1991. Directs the Secretary to make grants and enter into contracts to assist allied health students in meeting the costs of entry level education. Requires the amounts to be used for tuition, fees, and stipends and allowances. Directs the Secretary to allocate 75 percent of the funds authorized to those allied health fields the Secretary determines to have: (1) the most significant shortages of practitioners; and (2) a significant role in the care and rehabilitation of patients who are elderly or disabled. Makes payments of tuition under these provisions to, or on behalf of, a participating student, notwithstanding other law, exempt from taxation. Authorizes appropriations for FY 1990 and 1991. Changes the amount of currently authorized appropriations for traineeships for advanced training of allied health personnel for FY 1990 and 1991. Establishes the Division of Allied Health Professions within the Health Resources and Services Administration's Bureau of Health Professions in order to consolidate and focus the efforts of the Federal Government in support of allied health education, training, and research. Establishes within the Division the Advisory Council on Allied Health. Directs the Secretary to establish a two-year pilot program to make grants to support innovative allied health research projects. Requires the program to be administered through the Division. Authorizes appropriations for FY 1990 and 1991.

Resolution· SRESS.Res. 169 (101st)passed

A resolution supporting the efforts of Dobroslav Paraga to bring about increased respect for human rights in Yugoslavia.

United States · United States Congress · 4 August 1989

Expresses the sense of the Senate that the Government of Yugoslavia should: (1) guarantee its citizens fundamental human rights and freedoms; (2) grant unconditional amnesty to all political prisoners; (3) dismiss the charges against human rights activist Dobroslav Paraga, allow him and his family to return to their home, and stop harassing them; and (4) investigate the death of Ernest Brajder, who reportedly died under "mysterious circumstances," and make the findings public.

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

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

United States · United States Congress · 4 August 1989

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

Resolution· SCONRESS.Con.Res. 63 (101st)referred

A concurrent resolution to recognize the uniqueness of and express strong support for the maritime policy of the United States, and to urge the President in the strongest possible terms to ensure that the United States does not propose maritime transportation services for inclusion in the General Agreement on Tariffs and Trade discussions and that any proposal that would consider maritime transportation as an area for negotiation is actively opposed by the United States.

United States · United States Congress · 4 August 1989

Urges the President to ensure that the United States does not submit a proposal to include maritime transportation in the forthcoming General Agreement on Tariffs and Trade (GATT) discussions regarding trade-in-services industries and to oppose any proposals by foreign nations which are similar or which could result in a contraction of the U.S.-flag merchant marine.

Law· SS. 1511 (101st)enacted

Older Workers Benefit Protection Act

United States · United States Congress · 3 August 1989

Older Workers Benefit Protection Act - Amends the Age Discrimination in Employment Act of 1967 (ADEA) to specify that it prohibits discrimination against older workers in all employee benefits except when age-based reductions in employee benefit plans are justified by significant cost considerations. Declares that, as used in ADEA, the phrase "compensation, terms, conditions, or privileges of employment" encompasses all employee benefits, including those provided under a bona fide employee benefit plan. Requires that the actual amount of payment made or cost incurred on behalf of an older worker be no less than that made or incurred on behalf of a younger worker, for each benefit or benefit package, in order for an employee benefit plan not to violate ADEA. Places on the employer, employment agency, or labor organization the burden of proving, in any civil enforcement proceeding brought under ADEA, that specified actions are lawful. Requires a seniority system or employee benefit plan to comply with ADEA regardless of the date of adoption of such system or plan. Applies this Act to all actions or proceedings under ADEA that were brought after June 23, 1989, or that were pending on such date (which is the date on which the Supreme Court issued the decision in Public Employees Retirement System of Ohio V. Betts).

Bill· SS. 1490 (101st)open

Clean Air Act Amendments of 1989

United States · United States Congress · 3 August 1989

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

Bill· SS. 1480 (101st)referred

Economic Equity Act of 1989

United States · United States Congress · 2 August 1989

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

Resolution· SRESS.Res. 163 (101st)referred

A resolution designating the 50th Anniversary of the Nazi-Soviet Non-aggression Pact of August 23, 1939 as Black Ribbon Day in observance of the illegal annexation of the Baltic States.

United States · United States Congress · 2 August 1989

Designates August 23, 1989, as Black Ribbon, Hitler-Stalin Pact Denunciation Day as a symbol of the solidarity between the people of the United States with the Baltic peoples of Estonia, Latvia, and Lithuania in observance of the 50th anniversary of the Nazi-Soviet Non-aggression Pact of 1939. Supports the Baltic peoples in protesting the events of 1939-1940 which lead to their illegal annexation into the Soviet Union and supports their demands for self-determination. Urges the Soviet Union to renounce the Pact and its secret supplemental protocols as well as all claims to the Baltic States which are based on such protocols. Reaffirms U.S. policy of nonrecognition of the forcible incorporation of the Baltic States into the Soviet Union.

Law· SS. 1430 (101st)enacted

National and Community Service Act of 1990

United States · United States Congress · 27 July 1989

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

Bill· SS. 1400 (101st)open

Product Liability Reform Act

United States · United States Congress · 25 July 1989

Title I - Product Liability Reform Act - Declares that this Act governs any product liability action brought against a manufacturer or product seller, on any theory, for harm caused by a product. States that a civil action brought against a manufacturer or product seller for loss or damage to a product itself or commercial loss shall be governed by applicable commercial or contract law. Supersedes any inconsistent State law regarding recovery in such actions. Lists specific laws not superseded, including: (1) defense of sovereign immunity asserted by any State or by the United States; (2) any Federal law (except the Federal Employees Compensation Act and the Longshore and Harbor Workers' Compensation Act); (3) the Foreign Sovereign Immunities Act of 1976; (4) State choice-of-law rules; (5) the right of any court to transfer venue or to apply the law of a foreign nation or to dismiss a claim of a foreign nation or citizen on the ground of inconvenient forum; and (6) any statutory or common law cause of action, including an action to abate a nuisance, that authorizes a State or person to institue an action for civil damages or civil penalties, clean up costs, injunctions, restitution, cost recovery, punitive damages, or any other form of relief from contamination or pollution of the environment or the threat of it. Declares that U.S. district courts shall not have jurisdiction over any civil action under this Act, based on specified provisions of Federal law relating to district court jurisdiction. Declares that, if any provision of this Act would shorten the period during which a manufacturer or seller would otherwise be exposed to liability, the claimant may, notwithstanding that period, bring any civil action under this Act within one year after the effective date of this Act. Title II - Allows any claimant to bring a civil action for damages against a person for harm caused by a product under applicable State law, except to the extent such law is superseded by this title. Sets forth expedited settlement measures, including: (1) an option to include an offer of settlement, for a specific dollar amount, by the plaintiff in the complaint and by the defendant in a responsive pleading; and (2) awarding attorney's fees and costs, in certain circumstances, to the prevailing party if the other party does not accept the settlement offer. Sets forth alternative dispute resolution procedures, including: (1) an option, in lieu of or in addition to a settlement offer, for a claimant or a defendant to offer to proceed under any voluntary alternative dispute resolution procedure established or recognized under the law of the State in which the action is brought or maintained; and (2) awarding of attorney's fees and costs to the offering party if the court determines that a refusal to so proceed was unreasonable or not in good faith. Creates a rebuttable presumption that a refusal to so proceed was unreasonable, or not in good faith, if a verdict is rendered in favor of the offeror. Title III - Allows a person seeking to recover for harm caused by a product to bring a civil action against the manufacturer or seller under applicable State or Federal law, except to the extent such law is superseded by this Act. Establishes a standard of product seller liability for proximate causes of harm, established by a preponderance of the evidence, which fall under the categories of negligence or express warranty. Allows the trier of facts, in a negligence action, to consider the conduct of the seller with respect to: (1) the construction, inspection, or condition of the product; and (2) failure to pass on warnings or instructions from the manufacturer. Deems the seller not liable for failure to provide warnings or instructions unless the claimant establishes that the seller failed to: (1) provide warnings or instructions received while the product was in the seller's possession and control; or (2) make reasonable efforts to provide users with warnings and instructions which it received after the product left its possession and control. Deems a seller not liable except for breach of warranty where there was no opportunity to inspect the product in a manner which would or should, in the exercise of reasonable care, have revealed the aspect which allegedly caused the harm. Declares that the seller shall be treated as the manufacturer and be liable for harm caused by a product as if it were the manufacturer if: (1) the manufacturer is not subject to service of process in any State in which the action might have been brought; or (2) the court determines that the claimant would be unable to enforce a judgment against the manufacturer. Allows punitive damages, if otherwise permitted by applicable law, to be awarded in any civil action under this title to any claimant who establishes by clear and convincing evidence that the harm suffered was the result of conduct manifesting a manufacturer's or product seller's conscious, flagrant indifference to the safety of those persons who might be harmed by a product. Declares that a failure to exercise reasonable care in choosing among alternative product designs, formulations, instructions, or warnings is not of itself such conduct. Prohibits awarding punitive damages in the absence of a compensatory award, subject to exception. Prohibits punitive damages against a manufacturer or seller of a drug or medical device where: (1) the drug or device was subject to pre-market approval by the Food and Drug Administration (FDA); or (2) the drug is generally recognized as safe and effective under conditions established by the FDA. Prohibits punitive damages against a manufacturer of an aircraft where: (1) the aircraft was subject to pre-market certification by the Federal Aviation Administration (FAA); and (2) the manufacturer complied, after delivery, with FAA requirements and obligations with respect to continuing airworthiness. Provides for separate proceedings, if requested by the manufacturer or seller, with regard to punitive damages. Lists factors the trier of fact is allowed to consider in determining the amount of punitive damages. Bars any civil action under this title: (1) unless filed within two years after the claimant discovered or should have discovered the harm and its cause, subject to exception; and (2) if the product involved is a capital good that is alleged to have caused harm which is not a toxic harm unless filed within twenty-five years after delivery of the product, provided the claimant has received or would be eligible for State or Federal workers' compensation. Excludes a motor vehicle, vessel, aircraft, or railroad used primarily to transport passengers for hire from these time limitations. States that nothing in these provisions affects the right of any person who is subject to liability under this Act to obtain contribution or indemnity from any other person who is responsible for the harm. Requires reduction in the damages awarded by the sum of all State or Federal workers' compensation benefits to which the employee is or would be entitled. Requires an action to be stayed, at the sole discretion of the claimant, until a final determination is made on the amount payable as workers' compensation benefits. Declares that, unless the manufacturer or seller has expressly agreed to indemnify or hold an employer harmless, neither the employer nor the workers' compensation insurance carrier shall have a right of subrogation, contribution, or implied indemnity against the manufacturer or seller or a lien against the claimant's recovery. Prohibits a third party tortfeasor, where workers' compensation is involved, from maintaining any action for implied indemnity or contribution against the employer, any coemployee, or the exclusive representative of the injured person. Prohibits, for a person who is or would have been entitled to receive workers' compensation, any other action, unless a State or Federal workers' compensation law permits recovery based on a claim of an intentional tort. Makes these provisions inapplicable and declares that applicable State law shall control if the employer or the workers' compensation insurer asserts a right of subrogation, contribution, or implied indemnity against the manufacturer or seller or a lien against the claimant's recovery. Declares that, in any product liability action, the liability of each defendant for noneconomic damages shall be several and not joint. Requires the trier of fact to determine the proportion of responsibility of each party for the claimant's harm. Establishes a complete defense, in any civil action under this Act in which all defendants are manufacturers or sellers, that the claimant was under the influence of alcohol or any drug and that, as a result, the claimant was more than 50 percent responsible for the event which resulted in the harm. Defines "drug" to mean any non-over-the-counter drug which has not been prescribed by a physician.

Bill· SS. 1386 (101st)referred

A bill to amend title XIX of the Social Security Act to preserve payment for daytime habilitation services under such title.

United States · United States Congress · 24 July 1989

Maintains Federal coverage of existing State Medicaid (title XIX of the Social Security Act) day habilitation services programs for the mentally retarded until October 1, 1992. Requires the Secretary of Health and Human Services to promulgate a regulation specifying the types of day habilitation services States may cover on behalf of such persons and the requirements for such coverage.

Bill· SS. 1358 (101st)referred

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

United States · United States Congress · 19 July 1989

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

Bill· SS. 1349 (101st)referred

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

United States · United States Congress · 18 July 1989

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

Bill· SS. 1310 (101st)referred

National Literacy Act of 1990

United States · United States Congress · 13 July 1989

Comprehensive Illiteracy Elimination Act of 1989 - Title I: Literacy Coordination - Literacy Coordination, Research, and Dissemination Act of 1989 - Establishes the Cabinet Council for Literacy Coordination. Amends the Department of Education Organization Act to establish in the Department of Education an Office on Literacy, to be administered by a Director. Requires the Director to: (1) coordinate the administration of literacy programs within the Department; and (2) work with the Cabinet Council for Literacy to coordinate the related programs of other Federal agencies. Directs the Secretary of Education (the Secretary), through the Office on Literacy, to make a grant to establish and operate a nonprofit National Center for Literacy, with a Director of the Center. Requires such grant to be awarded on a competitive basis, and to be limited to not more than five years (renewable). Allows the Center to use such grant funds for: (1) basic and applied research; (2) technical assistance; (3) an information clearinghouse; (4) policy analysis and program evaluation; and (5) a model demonstrative program of remedial training and placement. Directs the Secretary to establish an advisory committee to advise the Secretary and the Director of the Center on policy issues and on Center selection and operation of major research and demonstration projects. Requires the Director of the Center to report annually to the Congress and the Cabinet Council. Authorizes appropriations for FY 1991 through 1995 for the Center, limiting the amount which may be used for its model demonstration program. Authorizes the Secretary to make grants to pay the Federal share of costs of establishing and operating State literacy resource centers. Limits the amount and duration of such grants. Allows each State to contract on a competitive basis with a volunteer or community-based or other nonprofit organization to operate such a State center. Authorizes appropriations for FY 1991 through 1995 for such purpose. Title II: Workforce Literacy - Workforce Literacy Act of 1989 - Amends the Adult Education Act (AEA) to authorize appropriations for FY 1991 through 1995. Earmarks funds to train professional teachers, volunteers, and administrators, emphasizing minority teacher training and training of teachers to recognize and better serve illiterate individuals with learning disabilities and low-level reading abilities. Provides that, if a majority of the illiterate population assisted under basic program provisions of AEA has been served, the authorization of appropriations for each of the succeeding fiscal years during FY 1991 through 1995 shall be equal to that for the fiscal year in which such determination is made. Provides that adult education programs for which AEA grants have been made to States shall be carried out by public or private nonprofit entities only if the applicable local educational agency has been consulted and has had an opportunity to comment on the application. Requires State educational agencies receiving such basic State grants to assure direct and equitable access to Federal funds to local educational agencies, public or private nonprofit agencies, community-based organizations, and institutions which serve educationally disadvantaged adults. Grants preference to those organizations which will serve adults with a reading ability below the fifth grade level. Raises from 20 percent to 25 percent the limit on the portion of a State's grant allotment earmarked for high school equivalency certificate programs. Requires that at least ten percent of funds received under provisions for business, industry, labor, and education partnerships for workplace literacy be used for research, teacher training (including learning disabled identification and teaching), and technical assistance. Extends the authorization of appropriations for such provisions through FY 1995. Directs the Comptroller General to update, within 18 months, a 1975 study of the adult basic education program. Title III: Families for Literacy - Families for Literacy Act of 1989 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to extend through FY 1995 the authorization of appropriations for Even Start programs operated by local educational agencies. Establishes a Families for Literacy program under which the Secretary may make ten demonstration grants to nonprofit entities (or consortia of businesses, nonprofit entities, and local educational agencies) to pay 80 percent of the cost of establishing intergenerational learning programs (emphasizing literacy skills) for children aged three and under and their parents. Directs the Secretary to give priority to applicants whose programs serve hard-to-serve populations. Sets forth program requirements for staff teams and community advisory councils. Authorizes the Secretary to enter into a contract with the Corporation for Public broadcasting to produce and disseminate a family literacy program to assist parents in improving their knowledge and skills regarding early childhood education, language development, and literacy. Authorizes appropriations for: (1) FY 1991 through 1995 for the Family Literacy Program demonstration grants; and (2) FY 1991 for the family literacy program public broadcasting contract. Title IV: Books for Families - Books for Families Literacy Act of 1989 - Amends ESEA provisions for the inexpensive book distribution program for reading motivation to require the contractor (the Reading Is Fundamental organization), beginning in FY 1990 and thereafter, to: (1) give priority to programs which target rural and urban areas with large concentrations of economically disadvantaged children and students; and (2) report annually to the Department of Education on the number and description of such individuals. Amends the Library Services and Construction Act (LSCA) to extend through FY 1995 the authorization of appropriations for making specified grants under title VI (Library Literacy Programs) of LSCA. Authorizes appropriations for FY 1991 through 1995 to make grants for model library literacy centers and for the inexpensive book distribution program. Authorizes the Secretary, under LSCA, to make grants to State and local public libraries to establish model library literacy centers. Requires the Secretary to establish a peer review panel to assist in establishing criteria for awarding such grants. Authorizes the Secretary, under LSCA, to contract with the Reading Is Fundamental organization to promote the establishment of reading motivation programs which include the distribution of inexpensive books. Requires such contract to provide for: (1) giving priority to programs which target rural and urban areas with large concentrations of economically disadvantaged children and students; (2) increasing access to children's books for parents of newborns through children aged five; and (3) developing motivational materials to reach parents most disconnected from the education community, by making children's books available in specified types of places. Title V: Students for Literacy - Students for Literacy Act of 1986 - Amends the Higher Education Act of 1965 to extend through FY 1995 the authorization of appropriations for: (1) the Student Literacy Corps; and (2) College Work-Study (CWS) programs. Exempts literacy training programs and the creation and placement of literacy jobs for students from specified caps on CWS funds. Sets the Federal share of the compensation of students employed in literacy work-study training programs at 100 percent. Title VI: Volunteers for Literacy - Volunteers for Literacy Act of 1989 - Amends the Domestic Volunteer Service Act of 1973 to provide that, whenever they do not exceed a specified amount the funds for the VISTA Literacy Corps shall supplement and not supplant specified VISTA services provided in FY 1989 to address the problem of illiteracy. Establishes service-learning literacy programs. Authorizes the Director of the ACTION Agency (the Director) to make grants to and contracts with public and private nonprofit entities to enable students in secondary schools, secondary vocational schools, and postsecondary schools to serve as volunteers in projects addressing illiteracy. Gives priority to projects using peer tutoring and involving partnerships to meet a wide range of needs. Requires the Director to make grants and contracts for a program of full-time volunteer service to be known as University Year for Literacy, which establishes and supports innovative ways to use full-time students enrolled in higher education institutions as volunteers: (1) in addressing the problems facing illiterate and functionally illiterate individuals; and (2) in assisting organizations which combat illiteracy and those problems. Gives priority to individuals pursuing a course of study related to a career in a field addressing the problem of illiteracy. Authorizes the Director to make grants and contracts to provide training and technical assistance to increase the effective use of full-time and part-time student volunteers to combat illiteracy. Authorizes the Director to provide technical and financial assistance to nonprofit organizations conducting operations in several areas or States that are engaged in, or wish to become involved in, activities to solve the problems of illiteracy. Authorizes the Director to provide technical assistance in obtaining, training, and integrating volunteers to employers who have established or wish to establish worksite literacy programs. Establishes a program of literacy challenge grants. Authorizes the Director to award such grants to eligible public agencies and private organizations for a portion of the costs of community or employee literacy programs that include use of volunteers. Establishes a Retired Senior Volunteer Literacy Program (which may be jointly administered with other Retired Senior Volunteer Programs). Authorizes the Director to make grants to establish such program to enhance the role of senior volunteers in addressing the problem of illiteracy. Extends through FY 1995 the authorization of appropriations for the VISTA Literacy Corps. Authorizes appropriations for FY 1991 through 1995 for specified programs established under this Act.

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

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

United States · United States Congress · 23 June 1989

Urges the Government of Iran to extend to the Bahai community the rights guaranteed by the Universal Declaration of Human Rights and other human rights accords. Calls upon the President to: (1) emphasize the need for improvements in Iran's treatment of the Bahais and other religious minorities as an important factor in the development of U.S.-Iranian relations; (2) encourage other governments to appeal to Iran concerning the situation of the Bahais; (3) cooperate with other governments and international organizations in appealing for the protection of the religious rights of the Bahais; and (4) provide, and urge others to provide, refugee and humanitarian assistance for the those Bahais fleeing their homelands because of religious repression.

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

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

United States · United States Congress · 23 June 1989

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

Bill· SS. 1251 (101st)referred

Family College Savings Act of 1989

United States · United States Congress · 22 June 1989

Family College Savings Act of 1989 - Amends the Internal Revenue Code to provide a tax exclusion for qualified college savings accounts and for withdrawals from such accounts or redemptions of U.S. savings bonds used to pay higher and vocational education expenses.

Bill· SS. 1201 (101st)referred

Maternal and Child Health Act of 1989

United States · United States Congress · 19 June 1989

Maternal and Child Health Act of 1989 - Amends title XIX (Medicaid) of the Social Security Act to require States to provide Medicaid coverage to pregnant women and children under age six whose family income is below 185 percent of the Federal poverty level. Authorizes States to provide Medicaid coverage to children under age 19 whose family income is below the Federal poverty level. Directs the Secretary of Health and Human Services to conduct three-year demonstration projects to study the effect on access to health care, private insurance coverage, and health care costs of extending Medicaid coverage in three States to medically uninsurable children and extending such coverage in one State to children under age six whose family income is below 185 percent of the Federal poverty level and children under age 20 whose family income is below the Federal poverty level. Permits such States to provide coverage by buying into the health insurance offered by certain employers. Imposes premiums on project beneficiaries whose family income exceeds the Federal poverty level. Caps project expenditures. Sets forth reporting requirements. Requires States to make Medicaid ambulatory prenatal care available to pregnant women during a presumptive eligibility period. Eliminates the requirement that pregnant women apply for Medicaid coverage within 14 days of the commencement of presumptive eligibility. Requires States to continue the Medicaid coverage of a woman and her infant for 60 days after delivery regardless of fluctuations in her income during such period. Prohibits the redetermination of the Medicaid eligibility of a child under age six who has been deemed eligible less than six months previously, unless such eligibility is due to his or her receipt of aid under part A (Aid to Families with Dependent Children) (AFDC) or E (Foster Care and Adoption Assistance) of title IV of the Act or under title XVI (Supplemental Security Income) (SSI) of the Act. Preserves the Medicaid eligibility of a child under age six who loses such aid until it is determined that he or she is not eligible for Medicaid on some other basis. Amends the Child Support Enforcement Amendments of 1984 to make permanent the four-month continuation of Medicaid eligibility for children who lose AFDC eligibility due to increased collection of child support payments. Requires that Medicaid coverage of inpatient hospital services provided to children under age 18 at hospitals serving a disproportionate share of low-income patients: (1) make an outlier adjustment in payment amounts for exceptionally long or costly cases if such payments are made on a prospective basis; (2) not impose durational limitations on such services; and (3) not set dollar limits on the delivery of services to individuals who enter the hospital prior to their first birthday. Directs States to pay for the care of a child under age 19 in an out-of-State hospital at the receiving State's rate, unless the involved States have an alternative payment agreement. Requires States to provide Medicaid coverage of services furnished by certified pediatric or family nurse practitioners. Permits States to cover home and community-based services for children under age 18 who have acquired immune deficiency syndrome (AIDS) or are medically dependent on a ventilator for life support. Allows States to cover home visitor services furnished by registered nurses to infants, during the first six months of life, who require treatment with life sustaining medication or equipment or technically-assisted feeding. Prohibits the Secretary from limiting to fewer than 500 (currently, 200) the number of individuals in a State who may receive home and community-based services under a waiver of certain Medicaid requirements. Amends title V (Maternal and Child Health Services) of the Act to increase authorized appropriations for such program for FY 1990. Requires the Secretary to set-aside 15 percent of appropriated amounts for special Federal projects which include: (1) projects promoting the use of outpatient and community-based services for children with special health care needs; and (2) demonstration projects utilizing alternative approaches to providing health insurance coverage to children under age 19 who are not covered by other public or private programs. Directs States to use at least 30 percent of their title V allotments on services for children with special health care needs, and at least five percent of such allotments for projects in sickle-cell anemia and genetic disorders screening, the development of community-based service networks and case management services for children with special health care needs, and programs providing primary health care services to children. Requires each State to: (1) conduct a statewide maternal and child health care needs assessment; (2) establish a State maternal child health advisory board to participate in the planning and development of services; (3) develop a system of family centered community-based coordinated care for children with special care needs in collaboration with other programs; (4) develop and maintain a consolidated data base containing information about providers available to meet the needs of chronically ill children and establish a toll-free number for parents to access such information; (5) include in the annual title V report information on the extent to which needs have been met with respect to specific services and the amount of funds allotted for family centered community-based coordinated care; and (6) maintain its title V funding at at least 1989 levels. Amends part A (General Provisions) of title XI of the Act to direct the Secretary to publish an annual report on the health status of U.S. children. Requires the Secretary to make available to States, by January 1, 1991, a model uniform Medicaid application for individuals who are neither institutionalized nor receiving AFDC cash assistance. Directs the Secretary to: (1) develop definitions of medically high risk pregnancy and children at a high risk of medical problems; (2) develop alternative definitions of medically uninsurable children; (3) develop a model health benefit package for pregnant women and children through age 18; and (4) study different methodologies to improve the coordination between various public health programs. Sets forth reporting requirements. Amends the Medicaid program to set forth the required components of Medicaid early and periodic screening, diagnostic, and treatment services. Requires Medicaid coverage of the measures which need to be taken to correct or ameliorate defects or conditions discovered by the screening services. Directs the Secretary to conduct demonstration projects and establish annual participation goals for each State to increase participation in Medicaid early and periodic screening and diagnostic services. Requires the Secretary to report to the Congress by the close of 1990 on the requirements of such services relative to mental illness. Requires States to provide Medicaid coverage to all children under age 18 who are SSI recipients. Requires that Medicaid payment rates for obstetric and pediatric services be set at levels which are sufficient to induce enough providers of such services to participate in the Medicaid program so that such services are available to beneficiaries to at least the same extent that they are available to the general population. Directs States to furnish providers of such services with assistance in complying with Medicaid billing and recordkeeping requirements, which includes: (1) training; (2) a toll-free number for resolving administrative problems; and (3) a State ombudsman for resolving their complaints. Requires the Secretary to report to the Congress by January 1, 1990, on the adequacy and timeliness of Medicaid payments to providers of obstetric and pediatric services. Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to require that a preplacement health care record for a child be provided to such child's foster care provider and be completed before he or she is placed in foster care or within 30 days after an emergency foster care placement. Requires the maintenance of a health care plan and record for such child while he or she is in foster care, and notification of the provider concerning such child's eligibility for Medicaid early and periodic screening, diagnosis, and treatment services. Amends part A (General Provisions) of title XI of the Act to reduce the lag time between the Secretary's calculation of the Federal matching rate under the AFDC, Medicaid, and Foster Care and Adoption Assistance programs and its implementation.

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

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

United States · United States Congress · 15 June 1989

Designates June 16, 1989, as Soweto Remembrance Day. Encourages Americans to participate in local activities designed to commemorate the victims of Soweto and to show solidarity with those who are fighting to end apartheid.

Bill· SS. 1173 (101st)referred

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

United States · United States Congress · 13 June 1989

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

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

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

United States · United States Congress · 13 June 1989

Designates June 23, 1989, as United States Coast Guard Auxiliary Day. Authorizes the President to: (1) issue a proclamation commemorating the 50 years of Coast Guard volunteer service to enhance the safety of water-related activities; and (2) call for the observation of such day with appropriate ceremonies, educational activities, and boating safety achievement programs.

Bill· SS. 1153 (101st)referred

Veterans' Agent Orange Exposure and Vietnam Service Benefits Act of 1989

United States · United States Congress · 8 June 1989

Veterans' Agent Orange Exposure and Vietnam Service Benefits Act of 1989 - Directs the Secretary of Veterans Affairs to pay a monthly disability or death benefit to a veteran or his or her survivors for any disability or death of a veteran who served in the active forces in Vietnam during the Vietnam era and who suffered from non-Hodgkins lymphoma or a soft-tissue sarcoma. Provides an exception to the payment of such benefits when there is affirmative evidence that such disease was not incurred during such service in Vietnam or that there was an intervening disease since such service. Provides the rates for the payment of such disability or death benefit. Prohibits such payments when other disability compensation is being paid for such disability. Provides that such disabilities shall be treated as service-connected for the purposes of all laws administered by the Department of Veterans Affairs (Department). Terminates such payments as of April 15, 1992, unless extended by a joint resolution of the Congress. Outlines congressional procedures for the consideration of such joint resolution. Requires the Secretary to take all reasonable actions necessary to notify veterans and their survivors of the availability of such payments. Requires the Secretary to inform such recipients of the temporary nature of such payments. Provides that the disease of chloracne in Vietnam veterans shall be considered to have been service-connected if such disease became manifest to a ten percent degree of disability or more within one year after the last date on which the veteran performed such service in Vietnam. Provides a presumption of service-connection in the case of a Vietnam veteran suffering from a disease associated with effects of exposure to certain dioxins or other herbicide agents during such service in Vietnam. Directs the Secretary to prescribe regulations listing a positive association between any disease and the biological effects of exposure to an herbicide agent in Vietnam. Requires the Secretary to update such list continually. Requires the Secretary, in prescribing and revising such list, to obtain by contract the determinations and estimates of a contract scientific organization. Requires such organization to: (1) determine which diseases have any degree of association with the biological effects of exposure to an herbicide agent; and (2) estimate the extent of association between each such disease and each such biological effects. Requires the organization to determine such association specifically with respect to non-Hodgkins lymphoma, each soft-tissue sarcoma, lung cancer, and each other cancer. Outlines contract provisions required in such agreements between the Secretary and the scientific organization, including surveys, evaluations, and periodic determinations. Requires such scientific organizations to provide reports to the Secretary and the Senate and House Veterans' Affairs Committees regarding its determinations and evaluations. Requires such organization to determine, in the event of a positive association, whether there is a reasonable basis for concluding that a Vietnam veteran with the highest level of exposure to that herbicide agent in Vietnam was exposed to such agent under the circumstances necessary for such biological effects. Requires a report from the organization to the Secretary and the veterans' committees when there is no such reasonable basis found. Requires the Secretary to make certain determinations and follow-up reports after receiving such reports from the contract scientific organization, including the issuance of a report to the veterans' committees and the promulgation of positive association regulations, if necessary. Requires benefits to be continued even though a disease is removed from the regulations listing diseases having positive associations. Terminates such contracting authority ten years after the first day of the fiscal year in which a scientific organization transmits its first report to the Secretary. Provides interim regulations and special effective dates. Directs the Secretary to compile and analyze all clinical data that: (1) are obtained by the Department in connection with examinations and treatment of veterans for disabilities related to exposure to certain herbicides or to service in Vietnam; and (2) are likely to be scientifically useful in determining the association, if any, between the disabilities of such veterans and their exposure to such herbicides and other toxic substances. Requires the Secretary to submit an annual report to the veterans' committees concerning such analysis and its results. Directs the Secretary to consult with the Director of the Office of Technology Assessment (OTA) before compiling and analyzing such information. Requires the Director of OTA to review each annual report submitted by the Secretary and transmit to the Secretary an evaluation of the contents of each report. Directs the Secretary to establish and maintain a system for the collection and storage of voluntarily contributed samples of blood and tissue of veterans who performed active service in Vietnam during the Vietnam era. Outlines provisions concerning the security and authorized uses of such specimens, as well as limitations on the acceptance of such samples. Requires the Secretary to consult with the National Academy of Sciences (NAS) to the extent that an agreement has been reached with the NAS serving as the contract scientific organization for the Secretary. Requires the Secretary to consult with the Director of OTA in the event of no agreement with NAS. Directs the Secretary to establish a program to provide for the conduct of studies of the feasibility of conducting additional scientific research on health hazards resulting from: (1) exposure to dioxin; (2) exposure to other toxic agents in herbicides used in support of U.S. and allied military operations in Vietnam during the Vietnam era; and (3) active military, naval, or air service there. Requires the Secretary to report to the veterans' committees on the results of such studies. Requires the Secretary to consult with the NAS before undertaking such studies and requires the NAS to review such studies and report recommendations to the Secretary and the veterans' committees to the extent provided under any agreement between the Secretary and NAS. Amends the Veterans' Benefits Improvement Act of 1988 to require the Secretary to annually furnish updated information to affected veterans on health risks resulting from exposure to dioxin or other toxic agents in herbicides as a result of service in Vietnam during the Vietnam era. Directs the Secretary of Health and Human Services to report to the veterans' committees on the research being conducted to develop treatments for physiological absorption of dioxin and other toxic agents used in herbicides by the United States in Vietnam, including research relating to exposure to dioxin and other toxic agents outside Vietnam. Extends through December 31, 1993, the eligibility for hospital and nursing home care for veterans exposed to toxic substances in Vietnam. Amends the Veterans' Benefits Improvement Act of 1988 to authorize direct consultation between the Ranch Hand Advisory Committee and Department of the Air Force scientists conducting the Ranch Hand Study (a study of the long-term health effects of exposure to phenoxy herbicides and contaminants). Requires the preparation and submission of annual reports and a final report in connection with such study.

Law· SJRESS.J.Res. 150 (101st)enacted

A joint resolution to designate August 1, 1989, as "Helsinki Human Rights Day".

United States · United States Congress · 7 June 1989

Designates August 1, 1989, as Helsinki Human Rights Day. Requests the President to: (1) reassert American commitment to the Helsinki Accords; (2) raise the issue of noncompliance with such Accords with any signatory nation which may be in violation, in particular, the Soviet Union, Bulgaria, Czechoslovakia, the German Democratic Republic, Hungary, Poland, and Romania; (3) convey to all signatories of such Accords that respect for human rights and fundamental freedoms is vital to progress in the ongoing Helsinki process; and (4) convey to U.S. allies the necessity of unity regarding such Accords.

Bill· SS. 1126 (101st)open

Mining Law of 1989

United States · United States Congress · 6 June 1989

Mining Law of 1989 - Title I: Definitions - Defines the terms used in this Act. Title II: Disposition of Mineral Deposits - Authorizes prospecting on locatable lands subject to the regulations of the Federal surface managing agency. Declares that all locatable lands shall be open for location of an exploration claim. Limits claims to 20 acres. Sets forth the filing requirements for exploration claims and mineral patent applications (including minimum expenditure requirements). Authorizes the use of Federal surface lands if the Secretary of the Interior determines that such lands are required to support mineral development and production activities. Reserves to the United States all rights and interests in locatable lands (except hardrock minerals covered by a valid mineral patent). Title III: Environmental Protection - Directs the Secretary of the Interior and the Secretary of Agriculture to issue regulations insuring that mineral prospecting and development are conducted in a manner which minimizes adverse impacts on the environment and complies with Federal and State land resource management plans. Sets forth land reclamation guidelines. Requires the owner of an exploration claim or mineral patent to file a performance bond sufficient to insure complete and timely reclamation of the mined area. Title IV: Disposition of Receipts - Outlines a receipts disposition scheme under which the Secretary of the Treasury pays to the State within which the hardrock mineral deposit boundaries are located 50 percent of specified receipts. Title V: Existing Claims - Imposes a moratorium for new mining claims and patents under the Mining Law of 1872. Requires the owner of a valid mining claim to elect either to relocate the claim under this Act or to maintain it under certain other laws and in keeping with specified requirements (including specified annual assessment work payments).