United States · United States Congress · 31 July 1989
Authorizes the Secretary of Veterans Affairs, in the case of any individual discharged or dismissed from the armed forces under conditions other than honorable, to consider an application for, and issuance to such person of, an Exemplary Rehabilitation Certificate, if it is established that such person has rehabilitated himself, that his character is good, and that his conduct, activities, and habits since he was discharged or dismissed have been exemplary for a reasonable period of time, but not less than three years. Directs the Secretary to supply to the Secretary of Defense a copy of each such certificate issued, and requires the Secretary of Defense to place such certificate in the military personnel record of the affected individual. Permits the use of both oral and written evidence in the determination of the appropriateness of the certificate, including an appearance in person before the Secretary of Veterans Affairs by the individual being considered. Provides that no military or veterans' benefits shall accrue to an individual receiving such a certificate, unless the individual was previously eligible for such benefits under the original discharge or dismissal. Directs the Secretary of Labor to ensure that public employment offices accord to any person so discharged or dismissed but receiving an Exemplary Rehabilitation Certificate special counseling and job development assistance. Directs the Secretary of Veterans Affairs, no later than January 15 of each year, to report to the Congress the number of cases reviewed under this Act and the number of certificates issued. Authorizes the Secretary to issue regulations, delegate authority, and utilize the services of the Office of Personnel Management in carrying out this Act.
United States · United States Congress · 31 July 1989
Benjamin Franklin National Memorial Commemorative Coin Act - Requires the Secretary of the Treasury to issue a specified number of five-dollar gold coins, one-dollar silver coins, and half-dollar clad coins in commemoration of the bicentennial of the death of Benjamin Franklin. Provides that such coins shall be considered legal tender. Requires the Secretary to begin issuing such coins on October 1, 1989. Directs the Secretary to obtain silver for the minting of such coins from stocks of silver held by the Secretary or from any other federally owned stocks of silver and to obtain gold pursuant to authority under existing law. Provides that the design of such coins shall be selected by the Secretary after consultation with the Chairman of the Benjamin Franklin National Memorial at the Franklin Institute and the Chairman of the Commission of Fine Arts. Specifies the sales price of such coins as the face value plus costs. Requires that all sales of such coins include a surcharge of $35 per coin for five-dollar coins, $7 per coin for one-dollar coins, and $2 for half-dollar coins. Requires that all surcharges received by the Secretary from the sale of such coins shall be paid to the Benjamin Franklin National Memorial (The Franklin Institute): (1) to restore and renovate the Memorial; (2) to construct or renovate certain adjoining areas of the Franklin Institute; (3) to establish an endowment to ensure the continued upkeep and maintenance of the Memorial; (4) for exhibits in the Memorial or certain adjoining areas of the Institute; and (5) for funds for construction of certain facilities and for the acquisition and preservation of artifacts relating to Franklin. Authorizes the Comptroller General to audit such payments. Prohibits the minting of such coins under this Act after December 31, 1990. Requires the Secretary to ensure that the minting and issuance of such coins shall not result in any net costs to the Government.
United States · United States Congress · 28 July 1989
Expresses the sense of the Congress that: (1) the Secretary of the Army should investigate whether James L. Cadigan should be awarded the Medal of Honor for heroism in combat during World War II; and (2) if the Secretary recommends making such award, the Congress should consider appropriate legislation.
United States · United States Congress · 27 July 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 a 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. Permits up to two one-year extensions to be granted to a single area upon application by a State. 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 economic 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 (MSA) 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 of 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 severe ozone nonattainment 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 CMSA or MSA. 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 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, economic, 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 (4) 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 three 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. Authorizes owners or operators of existing sources, by January 1, 1998, to demonstrate to the permitting authority that one or more units will be repowered with a qualifying clean coal technology. Directs owners or operators, as part of such demonstration, to provide 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: (1) elect to designate such sources as affected units; and (2) submit such designations 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 and the State. 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 of 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 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 provisions 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 EPA an Air Pollutant Release Investigation Board to investigate major life-threatening releases of air pollutants. Excludes from such investigations releases associated with nuclear incidents and transportation-related releases. Requires the Board to make reports on such releases to the Congress and, upon reasonable cost, to the public.
United States · United States Congress · 27 July 1989
Expresses the sense of the Congress that: (1) human rights violations in Cuba should be condemned; and (2) the President should award the Presidential Medal of Freedom to Armando Valladares.
United States · United States Congress · 27 July 1989
Expresses the sense of the Congress that the United States Postal Service should issue a postage stamp commemorating the life and work of Doctor Thomas Anthony Dooley III.
United States · United States Congress · 26 July 1989
Designates the second Saturday in August 1989 as Duck Day USA in recognition of the practice of holding duck races as a means of providing support to institutions for learning disabled children.
United States · United States Congress · 25 July 1989
Fastener Quality Act - Prohibits the offering for sale or sale in commerce of any fastener (screw, nut, bolt, stud, similar threaded device, or washer) unless it is part of a lot which: (1) conforms to standards and specifications represented by the manufacturer; and (2) has been inspected, tested, and certified according to this Act. Sets forth special rules for small lots. Requires manufacturers to have a fastener lot sample inspected by a laboratory accredited under an approved system (including one owned or affiliated with the manufacturer if it is so accredited). Requires the laboratory, upon determination of conformance with the appropriate standards and specifications, to provide the manufacturer certificates with respect to such lot. Directs the Secretary of Commerce, through the Director of the National Institute of Standards and Technology, to establish: (1) a program for the accreditation of laboratories engaged in the inspection and testing of fasteners; (2) conditions under which accreditation by private entities using standards issued by consensus standards organizations shall be deemed to satisfy the accreditation requirements of this Act; and (3) conditions, no less stringent than those for private accrediting entities, under which accreditation of foreign laboratories by their governments shall be deemed to satisfy the requirements of this Act. Limits accreditation to three years. Requires that laboratory accreditation standards issued by one or more consensus standards organizations selected by the Director be used to accredit laboratories under the accreditation program. Authorizes the Director to hire contractors as necessary to carry out the accreditation program. Requires costs for the establishment and operation of the program to be fully reimbursable through fees or other charges for accreditation services. Directs the Secretary to ensure that private accrediting entities and laboratories accredited by such entities or by foreign governments comply with conditions and requirements in this Act. Requires the Director to periodically transmit recommendations to consensus standards organizations. Prohibits any manufacturer from selling any container of fasteners manufactured in the United States unless delivery to the first purchaser is accompanied by a written notification of testing and certification by an accredited laboratory. Prohibits any person from selling any container of fasteners manufactured outside the United States to any importer or end user unless delivery is accompanied by an original certificate from an accredited laboratory. Allows delivery to an importer or private label distributor without the required certificate if: (1) the manufacturer discloses in writing the appropriate standards and specifications; and (2) the importer or private label distributor assumes responsibility in writing for inspection and testing. Requires that, in a sale of any quantity for resale at wholesale, the container be conspicuously marked with the lot number. Requires persons who make significant alterations to a fastener subsequent to manufacture to have the altered fastener inspected and tested unless delivery is accompanied by a disclosure of the alteration and a warning. Requires subsequent disclosures of the alteration in resales. Prohibits commingling of fasteners from different lots in the same container. Requires fastener manufacturers or private label distributors to comply with requirements of a program for recordation of insignias. Directs the Secretary to establish such a program, including regulations to ensure traceability. Sets forth civil remedies, including declaratory and injunctive relief, and criminal penalties, including fines and imprisonment, for violations of this Act. Provides that nothing in this Act shall be construed to: (1) preempt any rights or causes of action that any buyer may have with respect to any seller of fasteners under the law of any State, except insofar as such State law conflicts with this Act; and (2) limit or otherwise affect the authority of any consensus standards organization to establish, modify, or withdraw any standards and specifications under any other law or authority in effect on the date of enactment of this Act.
United States · United States Congress · 25 July 1989
Veterans Agent Orange Exposure and Vietnam Service Benefits Act of 1989 - 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 or more degree of disability within one year after the last date on which the veteran performed such service in Vietnam. Presumes the following diseases to be service-connected for veterans who performed active service in Vietnam during the Vietnam era, notwithstanding that there is no record of evidence of such disease during the period of such service: (1) non-Hodgkins lymphoma; (2) soft-tissue sarcoma; and (3) melanoma and basal cell carcinoma. 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 organization 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 effect 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 special effective dates. Directs the Secretary to compile and analyze all clinical data that: (1) is 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) is 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 National Institutes of Health Research and Grants Division (NIH) before compiling and analyzing such information. Requires the Director of NIH 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 the Medical Follow-up Agency 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 veterans listed in the Department of Veterans Affairs' Agent Orange Registry 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 psychological 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, 2000, 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.
United States · United States Congress · 25 July 1989
Prohibits the use of Federal funds for reparations, compensation, or other payment to the Government of Iran, any entity organized under the laws of Iran, or any Iranian citizen on account of the July 3, 1988, downing of Iran Air Flight 655 by the U.S.S. Vincennes, unless the Congress specifically authorizes such payment. Makes such authorization contingent upon a certification by the President to the Congress that no U.S. citizen is being held hostage in the Middle East by any group controlled by or under the influence of the Government of Iran.
United States · United States Congress · 25 July 1989
Amends the International Security and Development Cooperation Act of 1985 to prohibit the use of Federal funds for the conduct of negotiations or dialogue with any representative of the Palestine Liberation Organization unless the President certifies to specified congressional committees that such representative did not directly participate in the planning or execution of a terrorist activity which resulted in the death, injury, or kidnapping of a U.S. citizen.
United States · United States Congress · 25 July 1989
Federal Surplus Property for Affordable Housing Development Act of 1989 - Establishes the Interagency Task Force on Federal Surplus Property which shall select surplus real property for the housing demonstration program authorized by this Act. Terminates the Task Force upon completion of its duties. Authorizes the Secretary of Housing and Urban Development to carry out a demonstration program to convey surplus property to States to provide rental and homeownership opportunities for very low and lower income families. Authorizes: (1) the Administrator of General Services to transfer surplus real property to the Secretary; and (2) the Secretary to convey such property to a State to be used as provided for by this Act. Sets forth reporting requirements of the States and the Secretary.
United States · United States Congress · 24 July 1989
Warrant Officer Management Act of 1989 - Title I: Amendments to Subtitle A of Title 10, United States Code - General Military Law - Part A: Permanent Grade of Chief Warrant Officer, W-5 - Authorizes appointment of chief warrant officers (CWO) at the grade of W-5. Prohibits an appointment if it would result in more than five percent of the warrant officers of that armed force on active duty being in a grade above CWO, W-4. Part B: Retirement of Warrant Officers for Length of Service - Sets forth requirements for retirement of regular Army warrant officers at grades W-5 (after 30 years' service) and W-4 (after 24 years' service). Part C: Promotion - Directs the Secretary concerned to convene selection boards as necessary (removing from existing law the at least once per year requirement) to recommend for promotion warrant officers from W-2 through W-4. Directs that W-1 officers be promoted in accordance with prescribed regulations. Alters the composition of selection boards to allow appointment of senior warrant officers as additional members. Authorizes the Secretary concerned to convene selection boards to recommend permanent warrant officers for continuation of active duty and for retirement. Allows inclusion of reserve officers on boards considering promotion of reserve warrant officers. Requires the Secretary concerned, before convening a selection board, to establish: (1) a single list of warrant officers on active duty for each armed force under his jurisdiction; (2) competitive categories for promotion of warrant officers on the warrant officer active-duty list; (3) a promotion zone for warrant officers on such list serving in each grade and competitive category to be considered by the board; and (4) the maximum number of warrant officers to be recommended for promotion from those serving in any grade or competitive category who are eligible for promotion. Establishes criteria for determining a warrant officer's position on the active-duty list and for recommending best-qualified warrant officers for promotion. Exempts certain reserve, retired, student, and Coast Guard warrant officers from coverage under this Act. Sets forth procedures for consideration of selective retirement of regular warrant officers, deeming such retirement to be involuntary for purposes of any other provision of law. Revises provisions relating to effective dates of promotions and the effect of a second failure of promotion. Title II: Amendments to Title 37, United States Code, Pay and Allowances for Chief Warrant Officer, W-5 - Authorizes pay and allowances for CWOs at the grade of W-5. Title III: Effective Dates - Sets forth the effective dates of this Act. Title IV: Transition Provisions - Regular Warrant Officers Serving in a Higher Temporary Grade Below Chief Warrant Officer, W-5 - Establishes interim provisions for the promotion of regular and reserve warrant officers serving in a higher temporary grade. Allows any Army warrant officer who on the effective date of this Act holds a regular grade of CWO or is on a list of officers recommended for promotion to such grade to be retained on active duty until completing 30 years of active service or 24 years of active warrant officer service, whichever is later, and then be retired. Continues temporary appointments of Navy and Marine Corps warrant officers. Title V: Technical and Conforming Amendments - Makes technical and conforming amendments.
United States · United States Congress · 21 July 1989
Drug War Bond Act of 1989 - Directs the Secretary of the Treasury to issue: (1) Drug War Bonds for a three-year period with a 12-year maturity date; and (2) Drug War Stamps to evidence payments for or on account of such bonds. Amends the Internal Revenue Code to exclude the interest earned on such War Bonds from an individual's gross income. Authorizes a taxpayer to designate a specified portion of any tax overpayment or make cash contributions to the War on Drugs Trust Fund (established by this Act). Authorizes the Attorney General to make expenditures from the Department of Justice Assets Forfeiture Fund into the War on Drugs Trust Fund. Amends the Internal Revenue Code to establish the War on Drugs Trust Fund. Transfers to such Fund: (1) proceeds from the sale of Drug War Bonds and stamps; and (2) certain cash contributions and portions of tax overpayments. Prescribes expenditures from the War on Drugs Trust Fund, including the construction of Federal prison facilities and education and rehabilitation programs. Precludes the receipts and disbursements from the War on Drugs Trust Fund from being included in either the congressional budget totals or in the budget totals as submitted by the President. Exempts the receipts and expenditures from the War on Drugs Trust Fund from: (1) statutory expenditure and lending limitations; and (2) certain orders issued under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Requires the Secretary to report to the Congress on programs established by this Act. Directs the Attorney General to make recommendations to the Congress regarding the merits of privatizing Federal prisons.
United States · United States Congress · 21 July 1989
Emergency Chinese Immigration Relief Act of 1989 - Amends the Immigration and Nationality Act to provide for the adjustment to temporary or permanent resident status, or change to another nonimmigrant status, of certain nonimmigrant (student, exchange visitor) nationals of the People's Republic of China. (Waives the two-year home country residence requirement for "J" visa exchange visitors.) Authorizes such persons to travel abroad and to work in the United States. Establishes a deferred departure period for such persons through June 5, 1993. Authorizes the Attorney General as of June 5, 1990, to terminate such deferred departure if the President certifies to the Congress that conditions in China have changed.
United States · United States Congress · 20 July 1989
National Academy of Science, Space, and Technology Act - Establishes in the Department of Education the National Academy of Science, Space, and Technology for the instruction and preparation for Federal service of selected persons. Establishes a commission to advise the Secretary of Education on the selection of a permanent location for the Academy, a course of study, and administrative matters. Directs the Secretary to determine the location of the Academy in the United States according to a specified process. Authorizes the Secretary to acquire land, prepare plans and designs, and construct and equip temporary or permanent public works at the location. Authorizes the Secretary to: (1) provide for the erection of temporary buildings and the modification of existing structures on existing government property; (2) provide for the functioning, equipping, maintaining, and repairing of those buildings and structures; and (3) contract with institutions for operation and instruction. Empowers the Secretary to determine the course of study and the organizational structure of the Academy, establish rules, appoint officials, determine the size of the student body, and oversee admissions. Requires each Senator and Representative to nominate candidates for admission, with the number of vacancies allocated to a State proportional to that State's representation in the Congress and with apportionment in the order of merit established by competitive examinations. Requires vacancies allocated to other sources to be filled from among candidates in each category in order of merit established by similar competitive examinations, not to exceed 15 percent of the total appointments authorized. Requires that each student at the Academy, in return for his or her education and room and board, owes the Federal Government four years of service in the National Aeronautics and Space Administration, the National Science Foundation, the Department of Health and Human Services, or any other Federal organization devoted to endeavors relating to science, space, or technology, subject to the approval of the Secretary. Allows the commitment also to be served in the Army, Navy, Air Force, or Marine Corps, subject to the rules and regulations of the particular branch.
United States · United States Congress · 19 July 1989
Dolphin Protection Consumer Information Act of 1989 - Provides for the labeling of all tuna products as "DOLPHIN SAFE" if the products are, in their entirety: (1) not caught with specified nets or technologies; and (2) regardless of the country of origin, sold or consumed in the United States. Requires tuna products sold or consumed in the United States and not so labeled to bear the statement: "The tuna in this product has been captured with technologies that are known to kill dolphins." Deems a can, box, or package containing any tuna product mislabeled if it is not labeled as required by these provisions, or if its label contains any false or misleading information pertaining to dolphins, whales, or other cetaceans. Directs the Secretary of Health and Human Services, through the Food and Drug Administration, to conduct inspections to determine if tuna products are being labeled in accordance with provisions of this Act. Authorizes any person to commence a civil action against the Secretary where there is alleged a failure of the Secretary to perform the inspection. Provides for injunction proceedings, jurisdiction, burden of proof, trial by jury, and awarding of costs. Authorizes any U.S. citizen to seek an injunction or restraining order. Provides for criminal penalties.
United States · United States Congress · 12 July 1989
Requests: (1) the Soviet Union to release the prison records of Raoul Wallenberg and account for his whereabouts; and (2) the President to pursue such release and accounting through diplomatic actions with the Soviet Union.
United States · United States Congress · 11 July 1989
Battery Recycling and Research Act of 1989 - Amends the Solid Waste Disposal Act to prohibit the disposal of used lead-acid batteries except through recycling as specified under this Act. Requires any individual, retail or wholesale seller, or manufacturer of such batteries to dispose of batteries only by delivery to an authorized secondary lead smelter, an authorized collection or recycling facility, or other specified entities. Sets penalties for violations of this Act. Establishes additional battery collection requirements, including requirements that: (1) retailers give written notice to customers about the illegality of improperly discarding used motor vehicle, and other types of, lead-acid batteries; and (2) retailers, wholesalers, and manufacturers accept such batteries for recycling without charge. Authorizes the Administrator of the Environmental Protection Agency to: (1) prescribe regulations, including a model notice for use by retailers; and (2) inspect any establishment subject to this Act and issue warnings and citations to individuals for failures to comply. Prohibits the sale of any lead-acid battery not bearing a permanent label containing information about the illegality of improper disposal and the requirement that retailers must accept used lead-acid batteries for recycling in exchange for new batteries purchased. Directs the Administrator to study and report to the Congress on the disposal and potential recyclability of household dry-cell batteries.
United States · United States Congress · 11 July 1989
Excludes from the excess earnings test under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act an individual's wages for up to six months of temporary employment with the Bureau of the Census relating to the 1990 census.
United States · United States Congress · 11 July 1989
Economic Diversification and Defense Adjustment Act of 1989 - Title I: Economic Diversification and Defense Adjustment Council - Establishes in the Executive Office of the President the Economic Diversification and Defense Adjustment Council (the Council). Directs the Council to establish an Office of Economic Diversification and Defense Adjustment within the Executive Office of the President to provide necessary staff support for the Council. Directs the Council to: (1) disseminate information in specified notifications by the Secretary of Defense; (2) work under the President's direction in implementing programs under title II of this Act; (3) develop and coordinate specified information pertaining to economic diversification and defense adjustment; (4) monitor job services information banks as a resource for dislocated workers in defense-related industries; (5) determine eligibility criteria for specified assistance and rule on eligibility appeals; (6) prepare and distribute an Economic Diversification and Defense Adjustment Guidelines Handbook; (7) make available to committees under title III of this Act information on economic development program funds which may be used for diversification and conversion planning; and (8) report annually to the Congress on any Federal economic development program which does not make available an adequate portion of its funds for such planning. Directs the Secretary of Defense (the Secretary), acting through the Council, to notify State and local governments and regional organizations which may be eligible for grants under this Act of: (1) a proposed realignment or closure of a military installation (on the same day on which such a determination is made); (2) the cancellation or termination of a defense contract or the failure to proceed with an approved major weapon system program; and (3) other significant pending or proposed changes in defense spending that will affect employment in the defense industry. Prohibits the Secretary from carrying out any proposed change unless such notification requirements are met. Directs the Secretary to furnish the Council annually with projected future defense spending levels and contract progress reports. Makes such notification requirements inapplicable to the termination or cancellation of a defense contract due to the enactment of any Federal law or a breach of such contract by the contractor or subcontractor. Title II: Community Economic Diversification and Defense Adjustment and Other Program - Directs the Council to establish a program of making general grants to: (1) eligible local or regional governments to plan or implement job retraining and economic diversification programs, or plan for alternative use of defense facilities; or (2) labor unions representing employees of businesses located within or near such governments. Directs the Council to establish a special program to pay premiums or other fees to maintain health insurance for up to one year for individuals whose unemployment resulted directly from cancellation or reduction of a major defense contract, or the closing or realignment of a military installation. Sets forth limitations on such grants. Title III: Diversification-Alternative Use Committees - Requires each community receiving a general grant under title II to establish a diversification-alternative use committee. Requires such committees, among other things, to develop diversification plans and alternative use plans. Title IV: Authorization of Appropriations - Authorizes appropriations for FY 1990 and thereafter.
United States · United States Congress · 11 July 1989
Excludes wages paid for six months of employment with the Bureau of the Census in connection with the 1990 census from annual income for purposes of determining eligibility for various veterans' benefits. Excludes from such income only wages paid for the first six months of such employment.
United States · United States Congress · 29 June 1989
Directs the American Battle Monuments Commission to establish a memorial on Federal land in the District of Columbia or its immediate area to honor World War II veterans and to commemorate U.S. participation in that conflict. Directs the Commission to plan, design, construct, and oversee the operation of the memorial. Specifies that such design shall provide for accessibility by, and accommodations for, the physically handicapped. Establishes the World War II Memorial Advisory Board to: (1) promote the establishment of the memorial and encourage the donation of private funds for construction maintenance; (2) assist and cooperate with the Commission in the selection of the site and design for the memorial; and (3) transmit annual reports on its activities to the Congress. Authorizes the Commission to solicit private contributions for such memorial. Establishes a fund in the Treasury which shall be made available to the Commission to carry out this Act. Authorizes Federal funding, in addition to such private funds, for site preparation, design, planning, establishment, construction, maintenance, and operation of the memorial. Authorizes assistance from specified Federal departments and agencies, including the Library of Congress. Authorizes Federal property to be transferred to the Commission. Authorizes the Commission to purchase suitable property within the District of Columbia for the establishment of such memorial. Urges the Government to encourage 50th anniversary commemorations of the U.S. role in World War II. Urges the Smithsonian Institution and other Federal museums to develop commemorative exhibitions to be shared with academic institutions.
United States · United States Congress · 29 June 1989
Federal Reserve Reform Act of 1989 - Amends the Federal Reserve Act to place the Secretary of the Treasury on the Federal Open Market Committee. Changes the term of office of the Chairman of the Board of Governors of the Federal Reserve System from four years to the period ending on January 31 of the first calendar year beginning after the term of the President who appointed the Chairman expires. Provides that in the event of the absence or unavailability of the chairman, the vice chairman (or in the vice chairman's absence, another member of the Board) may be designated acting chairman. Provides that the vice chairman shall perform the duties of the chairman until a successor takes office if a vacancy occurs in the office of the chairman. Provides that in the case of vacancies in both offices chairman and vice chairman, the member of the Board with the most years of service shall perform the duties of the chairman until a successor takes office. Requires each change in the intermediate targets for monetary policy adopted by the Federal Open Market Committee to be disclosed to the public on the date of adoption. Defines "intermediate targets" as any policy objectives regarding monetary aggregates, credit aggregates, prices, interest rates, or bank reserves. Repeals provisions which exempt transactions made under the direction of the Federal Open Market Committee and deliberations, decisions, or actions on monetary policy by the Federal Reserve Board and Federal Reserve banks from audits by the Comptroller General. Requires the estimated expenditures and receipts and proposed appropriations for the Board to be submitted to the President by October 16 each year and included, unchanged, in the annual Federal budget submitted by the President to the Congress.
United States · United States Congress · 28 June 1989
Community Enterprise Revitalization Act of 1989 - Amends the Housing and Community Development Act of 1974 with respect to the section 108 community development loan guarantee program to: (1) permit States to pledge grants as security for nonentitlement area local government obligations; (2) define "eligible public entity" to include units of general local government or Indian tribes; (3) permit guarantees for new construction loans; (4) permit repayment periods of up to 20 years; (5) authorize FY 1990 through 1992 credit limits; (6) increase maximum issuer loan guarantees; (7) allocate 70 percent of guarantees for metropolitan cities and urban counties, and 30 percent for nonentitlement area local governments and Indian tribes; (8) set annual guarantee limits for a metropolitan city or an urban county at $25,000,000, and for other entities at $5,000,000; (9) provide loan guarantee priority for projects in Federal or State enterprise zones; and (10) provide training and information activities.
United States · United States Congress · 28 June 1989
Designates October 29, 1989, as Fire Safety at Home Day: Change Your Clock, Change Your Battery. Directs the President to issue a proclamation to urge people to change the batteries in their smoke detectors when they reset their clocks from daylight savings time.
United States · United States Congress · 27 June 1989
Christopher Columbus Coin and Fellowship Act - Title I: Christopher Columbus Quincentenary Coins - Christopher Columbus Quincentenary Coin Act - Directs the Secretary of the Treasury to mint and issue not more than a specified number of five dollar gold coins, one dollar silver coins, and half dollar clad coins emblematic of the quincentary of the discovery of America. Sets forth certain features of such coins and provides for their design, issuance, and sale. Terminates the minting of such coins after June 30, 1993. Requires the Secretary to deposit surcharges from the sale of such coins in the Christopher Columbus Fellowship Fund for use by the Christopher Columbus Fellowship Foundation. Declares that no law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out this Act, except that this provision shall not relieve any person from complying with any law relating to equal employment opportunity. Title II: Christopher Columbus Fellowship Foundation - Christopher Columbus Fellowship Act - Establishes the Christopher Columbus Fellowship Foundation to award fellowships to outstanding individuals to encourage new discoveries in all fields of endeavor for the benefit of mankind. Establishes the Christopher Columbus Fellowship Fund. Directs the Foundation to report to the President and to the Congress annually on its operations.
United States · United States Congress · 27 June 1989
United Services Organization's 50th Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than a specified number of five dollar gold coins, one dollar silver coins, and half dollar clad coins to commemorate the 50th anniversary of the United Services Organization (USO). Requires such coins to be emblematic of USO Services to military service personnel and families. Sets forth certain features of such coins and provides for their design, issuance, and sale. Terminates the minting of such coins after February 4, 1991. Requires surcharges from the sale of such coins to be deposited in a coinage profit fund and used for USO programs and to reduce the national debt. Directs the Secretary to report to the Congress semiannually through December 31, 1992, on activities under this Act.
United States · United States Congress · 27 June 1989
Requires the head of each Federal agency to establish a program under which agency employees shall be reimbursed for expenses incurred in the adoption of a child. Allows a reimbursement only: (1) after the adoption becomes final; (2) if, at the time of adoption, the child is under 18 years of age and unmarried; and (3) if appropriate, written application has been filed as may be required. Provides that a reimbursement shall be payable only if, or to the extent that, similar benefits have not met the full amount of adoption expenses. Prohibits a reimbursement from exceeding $2,000. Provides for determining reimbursement amounts when both adopting parents are Federal employees. Prohibits the denial of a reimbursement from being based on the marital status of the applicant. Allows the Office of Personnel Management to issue general guidelines for the uniform administration of this Act. Makes this Act applicable to Postal Service employees.
United States · United States Congress · 27 June 1989
Expresses the sense of the House of Representatives that individuals throughout the United States should observe Independence Day, July 4, 1989, as Take Pride in the Flag Day to celebrate the 213th anniversary of the signing of the Declaration of Independence and the 201st anniversary of the ratification of the U.S. Constitution.
United States · United States Congress · 23 June 1989
Designates September 1989 as National Minority Health Awareness Month. Directs the Secretary of Health and Human Services to: (1) make publicly available information on minority health problems and minority health professionals' careers and contributions; and (2) present public service announcements on health promotion and disease prevention among minority Americans.
United States · United States Congress · 22 June 1989
Directs the Secretary of Veterans Affairs to develop minimum standard criteria for the treatment and diagnosis of post-traumatic stress disorder (PTSD) to be applied uniformly to all Department of Veterans Affairs (Department) medical centers. Directs the Secretary to publish such criteria in a mental health program guide. Outlines factors to be considered by the Secretary when developing such criteria. Directs the Secretary to develop criteria for the education, training, and evaluation of personnel whose duties include the counseling and treatment of veterans suffering from PTSD to be applied uniformly at all Department medical centers. Directs the Secretary no later than three years after enactment of this Act, to prescribe such criteria. Requires the Secretary, in establishing such criteria, to consult with the Special Committee on Post-Traumatic Stress Disorder, established under the Veterans' Health Care Act of 1984. Directs the Secretary to establish, in at least one Department medical center in each State, a PTSD treatment team which shall be responsible for the counseling and treatment of veterans suffering from such disorder. Directs the Secretary to hire such additional personnel as necessary to establish such teams at each medical center. Directs the Secretary to identify in annual congressional budget documents the funding amounts requested for PTSD-related programs.
United States · United States Congress · 21 June 1989
Stratospheric Ozone Protection Act of 1989 - Amends the Clean Air Act to list as class I and II substances which are known or may reasonably be anticipated to contribute to stratospheric ozone depletion. Authorizes any person to petition the Administrator of the Environmental Protection Agency (EPA) to add a chemical to such lists. Requires the Administrator to: (1) add to the class I list any substance having an ozone depletion potential greater than .15; (2) add to the class II list any substance having a significant ozone depletion potential; and (3) assign each listed substance a numerical ozone depletion potential factor, based upon a comparison with chlorofluorocarbon-11. Directs producers and importers of such substances to report annually to the Administrator on the production or import levels of such substances. Makes it unlawful to produce such substances in an amount greater than 1986 levels effective 180 days after enactment of this Act. Requires a further reduction by July 1, 1993, and makes it unlawful, effective July 1, 1996, to produce such substances for other than medical purposes. Authorizes the Administrator to promulgate rules under which persons may produce such substances in annual quantities greater than those specified under this Act if such persons obtain the rights to such production from other persons who will be subject to enforceable reductions in such substances which: (1) exceed the reduction otherwise required; (2) are greater than the annual production increase; and (3) would not have occurred in the absence of such transaction. Makes it unlawful to produce any listed substance which yields an ozone depletion potential greater than the 1986 depletion level. Requires the Administrator to promulgate regulations requiring a 95 percent reduction in ozone depletion potential of such substances by 1997. Provides that if the Administrator fails to promulgate such regulations, it shall be unlawful, effective July 1, 1997, to produce such substances in annual quantities yielding ozone depletion potentials greater than five percent of the 1986 depletion level. Directs the Administrator to promulgate regulations requiring producers of such substances to reduce production more rapidly if the accelerated schedule is necessary to protect human health and the environment or if the reduction is attainable, based on the availability of substitutes for such substances. Prohibits the importation of such substances or products using such substances, unless the exporting nation has an equivalent or more stringent production reduction program. Requires the Administrator to certify national programs, such certification to be reviewed annually. Equates imports with production when determining a manufacturer's required reductions. Directs the President to prohibit: (1) the export of technologies to produce class I substances; and (2) investment in facilities for producing such substances in nations which are not certified. Requires the Administrator to: (1) review sources containing information on potential chemicals or product substitutes and alternative manufacturing processes as replacements for class I substances; (2) report such findings to the Congress; (3) require producers to provide the EPA with their unpublished health and safety studies on chemical substitutes for such substances and notify the EPA before existing chemicals are put to significant new uses as chlorofluorocarbon and halon substitutes; and (4) annually update such review and, two years after this Act's enactment, include class II substances in such review. Directs the Administrator to promulgate rules applicable to replacements for such substances to require that processes and products that reduce overall risks to public health and the environment are used. Requires the Administrator to publish a list of prohibited substitutes and safe alternatives. Authorizes any person to petition the Administrator to add or remove a substance from such list. Makes it unlawful, after 1992, to manufacture or import any household or commercial appliance containing such substances unless such appliances have apertures that allow the removal of such substances without loss into the atmosphere. Prohibits, after 1990, the introduction of such substances into interstate commerce in pressurized containers weighing less than 15 pounds. Requires the Administrator to promulgate regulations requiring the maximum feasible reductions in the use of class I substances, including measures to: (1) recover and recycle such substances in manufacturing processes and prior to disposal of products containing such substances; (2) increase the efficiency of the use of such substances; (3) provide for the use of safe alternatives; (4) achieve reductions of at least 50 percent in the use of class I substances for servicing and repairs of household and commercial appliances and in the manufacture of products in which such substances are used as solvents or blowing agents; and (5) achieve reductions, without reduced fire safety, in releases associated with discharges of such substances from fire prevention or extinguishing equipment. Prohibits business establishments from performing services on motor vehicle air conditioners involving refrigerants, unless approved refrigerant recycling equipment is used and persons performing such services have been properly trained and certified. Applies such requirement three years after this Act's enactment to establishments which performed service on fewer than 100 air conditioners during 1990. Requires such establishments to certify to the Administrator that they meet such requirements or serviced fewer than 100 air conditioners during 1990. Requires containers of listed substances to bear labels stating that such substances harm public health and the environment by destroying the ozone layer and disrupting the climate.
United States · United States Congress · 21 June 1989
Emergency Chinese Adjustment of Status Facilitation Act of 1989 - Waives the two-year home country residence requirement for nationals of the People's Republic of China in the United States on a student (J) visa. Continues the legal status of nonimmigrant nationals of the People's Republic of China in the United States for adjustment or change of status purposes.
United States · United States Congress · 15 June 1989
National American Indian Museum Act - Establishes within the Smithsonian Institution a memorial to Native Americans to be known as the National Museum of the American Indian, to provide for the study, research, collection, and exhibition of Native Americans and their culture. Designates specified areas in the District of Columbia and New York City as the sites of facilities for the Museum. Requires establishment of a facility for the conservation and storage of Museum collections at the Museum Support Center in Suitland, Maryland. Authorizes the Smithsonian to: (1) provide for the transfer of certain assets of the Heye Foundation for the benefit and use of the Museum; (2) construct such facilities; (3) provide for acquisition of Native American objects and artifacts from museums or private collections; and (4) maintain or loan objects and artifacts in the Museum collection. Establishes the Board of Trustees of the Museum. Directs the Board to: (1) recommend annual budgets for the Museum; and (2) assist the Board of Regents on matters relating to the Museum. Grants the Trustees sole authority to: (1) dispose of and acquire additional Museum property; and (2) establish policy with respect to the utilization of the Museum's collections. Grants the Trustees authority to: (1) establish policy with respect to the restoration, preservation, and maintenance of Museum collections; (2) solicit funds for the Museum; (3) approve expenditures from the Museum's endowment; (4) advise the Museum's Director; (5) provide for the exhibition of Native American objects and artifacts; and (6) conduct research and evaluation and educational programs with respect to the Museum collections. Requires the Trustees to submit annual reports to the Board of Regents and the Congress. Requires the Foundation's employees serving at the time of the transfer to be offered employment by the Smithsonian. Directs the Board of Regents to: (1) loan artifacts and objects from the Smithsonian Institution traveling exhibit service to the Heye Foundation's successor; and (2) provide training and assistance to such successor to maintain and operate exhibits and a museum facility at Audubon Terrace, New York, New York. Directs the Board, in providing such services, to require such successor to: (1) designate a specified area for exhibit space; (2) ensure physical suitability of such space for exhibition of traveling collections; and (3) make an effort to coordinate exhibits. Authorizes the Board to enter into agreements with museums, educational institutions, and cultural organizations to: (1) loan Native American artifacts and objects from the Museum collection; (2) sponsor and coordinate traveling exhibitions; and (3) provide technical assistance. Directs the Board to enter into an agreement with the Secretary of the Interior to insure that certain museums have an opportunity to participate in such programs. Directs the Board to: (1) identify the geographic and tribal origins of the skeletal remains of Indians and associated grave offerings in the Smithsonian; (2) conduct a study and make recommendations on how to implement a policy of returning or repatriating such skeletal remains and associated grave offerings according to tribal custom; (3) consult with traditional Indian religious leaders in making such recommendations; and (4) report to the Congress within three years of this Act's enactment on the identity of such skeletal remains and associated grave offerings and the findings and recommendations of such study. Directs the Secretary to make grants available for assisting Indian tribes in such repatriation. Authorizes appropriations.
![Official portrait of Rep. Bustamante, Albert G. [D-TX-23]](https://www.congress.gov/img/member/b001172_200.jpg)