United States · United States Congress · 19 January 1989
Department of Environmental Protection Act - Redesignates the Environmental Protection Agency as the Department of Environmental Protection, an executive department to be administered by a Secretary of Environmental Protection appointed by the President.
United States · United States Congress · 19 January 1989
Air Travel Rights for Blind Individuals Act - Amends the Federal Aviation Act of 1958 to preclude an air carrier from establishing aircraft seating restrictions based upon a passenger's visual acuity or use of a white cane or dog guide or other such means of assistance.
United States · United States Congress · 4 January 1989
Trauma Care Systems Planning and Development Act of 1989 - Amends the Public Health Service Act to create a new title on trauma care. Authorizes the Secretary of Health and Human Services to make grants and enter into cooperative agreements and contracts with respect to trauma care to: (1) conduct and support research, training, evaluations, and demonstration projects; (2) foster development of trauma care systems; (3) collect and disseminate information; (4) provide technical assistance to State and local agencies; and (5) sponsor workshops and conferences. Directs the Secretary to establish the Advisory Council on Trauma Care Systems. Declares that, notwithstanding provisions of the Federal Advisory Committee Act, the Council shall continue in existence until otherwise provided by law. Directs the Secretary to make an allotment for each State for each fiscal year for developing, implementing, and monitoring the modifications to the trauma-care component of the State plan for the provision of emergency medical services. Requires non-Federal matching contributions (in cash or in kind) in specified ratios for fiscal years after FY 1990. States that such component of the State plan will be modified with regard to: (1) trauma care regions, centers, and systems; (2) triage and transport of children; (3) accreditation and evaluation; (4) data reporting and analysis systems; (5) procedures for paramedical personnel to assess the severity of injuries; (6) transportation and transfer policies; (7) public education; (8) coordination and cooperation; and (9) other matters. Requires States to adopt guidelines for the designation of trauma centers, and for triage, transfer, and transportation policies, equivalent to the applicable guidelines developed by the American College of Surgeons and by the American College of Emergency Physicians. Authorizes the Secretary, after public notice and an opportunity for comment, to waive the requirement of adoption of such guidelines. Mandates that States: (1) require each trauma center to provide certain information to the State emergency medical system annually; (2) submit to the Secretary, at least annually, the information it receives from its data reporting and analysis system; and (3) identify and submit to the Secretary a list of rural areas lacking certain emergency medical services. Sets forth restrictions on the use of State allotments. Requires an annual report from each State to the Secretary. Sets forth a formula for determination of the amount of allotments. Provides for: (1) repayment and offset for failure to use funds as agreed; (2) criminal penalties for certain false statements; (3) technical assistance and provision of supplies and services by the Secretary in lieu of grant funds; and (4) a report by the Secretary to the Congress. Authorizes appropriations for FY 1990 through 1992. Directs the Secretary, acting through the Director of the Centers for Disease Control, to develop guidelines and a model curriculum for emergency response employees (EREs) with respect to the prevention of exposure to infectious diseases during the process of responding to emergencies. Directs the Secretary to establish a task force to assist in developing the guidelines and model curriculum, appointing to the task force representatives of the Centers for Disease Control, State governments, and EREs. Requires a medical facility to notify the designated officer of the transporting EREs if the facility determines that a victim the EREs transported to the facility has an infectious disease. Requires a medical facility, upon request of a designated officer of EREs, to notify the designated officer if the facility makes a determination that a victim transported by EREs has an infectious disease. Applies notification requirements to both the facility receiving the victim and, if the victim dies, to the facility ascertaining the cause of death. Sets forth notification procedures. States that the public health officer of each State will designate one official of each employer of EREs to make requests and receive notifications. Provides for notification of EREs and for requests from an ERE to a designated officer that the designated officer request notification from the medical facility. Declares that the provisions in this Act regarding notification of EREs will not be construed to authorize or require: (1) a medical facility to test a victim of an emergency for any infectious disease; and (2) any medical facility, any designated officer, or any ERE to make disclosures with respect to the identity of a victim if such disclosures are prohibited under State or Federal law. Mandates that States agree to establish enforcement provisions, including injunctive relief and a civil cause of action for damages, for violations of the notification provisions in this Act. Directs the Secretary of Health and Human Services to conduct a study to determine the adequacy and appropriateness of the reimbursements provided to trauma centers under title XIX (Medicaid) of the Social Security Act. Requires the Federal Communications Commission to complete a study, establish a plan, and report to the Congress regarding emergency medical services communications.
United States · United States Congress · 4 January 1989
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that a beneficiary shall be entitled to a prorated benefit for the month in which he or she dies.
United States · United States Congress · 3 January 1989
Joint Manufacturing Opportunities Act of 1989 - Declares that the conduct of any individual in making or performing a contract to carry out a flexible manufacturing network shall not be deemed illegal per se under the antitrust laws, but rather shall be judged on its reasonableness considering all relevant factors affecting competition. Defines "flexible manufacturing network" (FMN) as any group of activities, including attempting to make, making, or performing a contract, carried out by two or more persons for the purpose of: (1) purchasing raw materials, services, or facilities to jointly manufacture and distribute a product; (2) collecting and sharing information on production costs and manufacturing capacity necessary to prepare a bid to sell a product jointly manufactured by such persons, or information applicable to the marketing of such product; or (3) sharing information on manufacturing and distribution capacity for the purpose of jointly manufacturing and distributing such product. Excludes activities not reasonably required to carry out a flexible manufacturing network. Limits recovery under the Clayton Act to actual damages (for private suits), the total damage sustained (in suits by States), interest calculated at a specified rate, and costs, including a reasonable attorney's fee, if such claim results from conduct that is within the scope of a notification that has been filed under this Act for an FMN and is filed after such notification becomes effective. Specifies that interest shall be awarded on the damages involved for the period between the date of injury and the date of judgment, unless the court finds that such award is unjust under the circumstances. Limits recovery under this Act if the challenged conduct of a person defending against a claim is not in violation of any decree or order entered or issued after the effective date of this Act. Provides for the award of costs and attorney's fees. Establishes procedures for the filing of a notice with the Attorney General and the Federal Trade Commission of a written agreement to carry out an FMN disclosing: (1) the identities of the parties; and (2) the nature and objectives of such FMN. Exempts specified information from disclosure. Provides for: (1) publication of such notice in the Federal Register; (2) withdrawal of notice; and (3) judicial review of any action by the Attorney General or the Commission with respect to notification filed under this Act. Restricts the admissibility of information disclosed or published under this Act.
United States · United States Congress · 3 January 1989
Local Rail Service Reauthorizing Act - Amends the Department of Transportation Act with respect to local rail service assistance to authorize appropriations for FY 1988 through 1991. Decreases the Federal share of rail service assistance program costs from 70 percent to 50 percent. Provides that the Federal share of costs to rehabilitate rail properties for the purpose of facilitating rail freight service shall be 70 percent. Modifies the eligibility criteria for Federal assistance to States for rail freight financial assistance programs to allow the Interstate Commerce Commission to exempt certain rail line abandonments or service discontinuances from the current requirement that they be specifically authorized by the Commission. States that, effective October 1, 1988, all funds appropriated for State rail service assistance, with specified exceptions, shall be available to the Secretary of Transportation for rail service assistance projects meeting specified requirements. Reduces from $100,000 to $36,000 the amount of funds to which a State is entitled for its rail plan implementation. Directs the Secretary to: (1) establish procedures to ensure that funds for rail service assistance projects are distributed by April 1 of the fiscal year for which they are appropriated; and (2) report to the Congress on the status of funds which are not distributed by such date.
United States · United States Congress · 3 January 1989
Amends the Federal Water Pollution Control Act to include estuaries and estuarine zones within the pollutant discharge permit program. Requires that ocean and estuary pollutant discharge guidelines take into account the need for a proposed discharge.
United States · United States Congress · 3 January 1989
Deceptive Mailings Prevention Act of 1989 - Amends Federal law to declare as nonmailable any mail matter which is designed to resemble a bill, invoice, or statement of account due, but which in fact constitutes a solicitation of donations. Requires such mail matter to bear on its face in conspicuous type that it is a solicitation of donations and that the addressee is under no obligation to make any payment. Declares as nonmailable any mail matter which constitutes a solicitation by a non-governmental entity: (1) for the purchase of products or services which are provided free of charge or at a lower price by the Federal Government, or which are substantially the same as such products or services; (2) for the purchase of products or services and which contains a seal, insignia, trade or brand name, or any other term or symbol which reasonably could be interpreted or construed as implying Federal Government connection, approval, or endorsement; and (3) for the contribution of funds and which contains a seal, insignia, trade or brand name, or any other term which could reasonably be interpreted or construed as implying Federal Government connection, approval, or endorsement. Allows the mailing of such matter if it contains a conspicuous disclaimer that it is not a Government document. Establishes penalties for violations of this Act.
United States · United States Congress · 3 January 1989
Congressional Pay Reform Act of 1987 - Amends the Legislative Reorganization Act of 1946 to specify that pay adjustments for Members of Congress shall become effective on March 1 following the beginning of the next Congress after the Congress during which such adjustment is approved. Amends the Federal Salary Act to require the President to transmit to the Congress, within a specified time period, recommendations for rates of pay of Members of Congress and legislative and judicial employees. (Currently such recommendations are included in the Federal budget.) Prohibits the House of Representatives and the Senate from considering any bill or joint resolution carrying an appropriation for compensation of Members of Congress for any fiscal year if it carries an appropriation, or a limitation of appropriations, for any other purpose. Requires a recorded vote on such bill or resolution.
United States · United States Congress · 3 January 1989
Fairness in Broadcasting Act of 1989 - Expresses the findings of the Congress that the Fairness Doctrine: (1) fairly reflects the statutory obligations of broadcasters; (2) received statutory approval from the Congress in 1959; and (3) reasonably balances first amendment rights. Amends the Communications Act of 1934 to require broadcast licensees to provide a reasonable opportunity for the discussion of conflicting views on issues of public importance. Requires enforcement and application of such requirement to be consistent with the rules and policies of the Federal Communications Commission in effect on January 1, 1987.
United States · United States Congress · 3 January 1989
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require a 20 percent reduction in certain assistance under such Act for any law enforcement agency which fails to have in effect a law enforcement officer's bill of rights. Sets forth certain rights of State and local law enforcement officers with regard to: (1) engaging in political activity; (2) investigations for alleged malfeasance, misfeasance, or nonfeasance of official duty; (3) the representation of law enforcement officers on police complaint review boards; (4) legal assistance and the recovery of damages for civil suits brought for violations of these rights; (5) the disclosure of personal finances; and (6) notice of disciplinary actions to be taken against such officers.
United States · United States Congress · 3 January 1989
Infrastructure Protection Act of 1989 - Prohibits the receipts and disbursements of the Highway Trust Fund (for both the Federal aid highway program and the Mass Transit Account), the Airport and Airway Trust Fund, and the Inland Waterways Trust Fund which are allocable to the transportation-related operations of such Funds from being included in either the Federal budget as submitted by the President or in the congressional budget. Exempts such Trust Funds from any general statutory budget limitation.
United States · United States Congress · 3 January 1989
Amends the National Traffic and Motor Vehicle Safety Act of 1966 to require each motor vehicle manufacturer to provide the Secretary of Transportation with all motor vehicle warranty and repair information that the manufacturer provides to its dealers. Requires the Secretary to make such information readily available to the public through the Auto Safety Hotline. Subjects a manufacturer failing to provide such information to a civil penalty and injunctive action.
United States · United States Congress · 3 January 1989
Amends the Internal Revenue Code to exclude from the gross income of a first-time homebuyer the amount of any individual retirement plan distributions used within 30 days to purchase, construct, or reconstruct a principal residence.
United States · United States Congress · 3 January 1989
First-Time Home Buyer's Act of 1989 - Amends the Internal Revenue Code to spread over a ten-year period the taxation of up to $5,000 of individual retirement plan distributions used by a first-time homebuyer within 90 days to purchase, construct, or reconstruct a dwelling that will be used as the taxpayer's principal residence for at least three years.
United States · United States Congress · 3 January 1989
Amends the Internal Revenue Code to remove charitable contributions of appreciated capital gain property as an item of tax preference for purposes of the alternative minimum tax.
United States · United States Congress · 3 January 1989
Foreign Ownership Disclosure Act of 1989 - Requires any foreign person who holds or acquires a significant interest in a U.S. property or a controlling interest in a U.S. business enterprise to register with the Secretary of Commerce. Requires that any changes in registration information be disclosed in an amended registration. Sets forth penalties for the failure to comply with registration requirements. Defines a "significant interest" in U.S. property as more than five percent of the total equity or ownership interests in assets or real property having a market value or gross sales in excess of specified amounts. Defines a "controlling interest" in a U.S. business enterprise as more than 25 percent of the total equity or ownership interests in a business enterprise having assets or gross sales in excess of specified amounts. Directs the Secretary to submit an annual report to the President and the Congress concerning: (1) the extent and effects of foreign investment in the United States; and (2) the effectiveness and efficiency of the registration and reporting requirements of this Act. Directs the Secretary to compile a registry of foreign investments in the United States. Limits access to the information in such registry.
United States · United States Congress · 3 January 1989
Amends title V (Administration and Coordination of the National Institute of Mental Health, the National Institute on Alcohol Abuse and Alcoholism, and the National Institute on Drug Abuse) of the Public Health Service Act to direct the Secretary of Health and Human Services to establish a program for the certification of laboratories engaging in the performance of toxicological urinalysis conducted for drug testing programs. Sets forth certification program requirements. Sets forth allowed and prohibited acts related to testing under the certification program. Establishes civil monetary penalties and terms of imprisonment for violations. Allows standards which are more stringent than those in this Act. Directs the Secretary to require the payment of fees by a laboratory to recover the costs of certification, recertification, and other activities under the certification program.
United States · United States Congress · 3 January 1989
Title I: Water Resources Authority of the Geological Survey - Geological Survey Water Resources Organic Act - Authorizes the Secretary of the Interior, acting through the Geological Survey, to undertake research, investigations, appraisals, surveys, and related activities regarding the Nation's water resources. Authorizes the Secretary to cooperate with other government agencies and to perform such activities on a reimbursable basis, as specified. Authorizes appropriations for FY 1990 through 1992. Title II: Ground Water Research - National Ground Water Research Act of 1989 - Directs the President to coordinate groundwater related activities conducted by Federal agencies. Requires the President to assist States in the conduct of such activities, including disseminating information. Directs the President to establish an Interagency Ground Water Research Committee to coordinate research, development, demonstration, technology transfer, training, and information dissemination activities related to groundwater conducted by the Federal agencies, including establishing priorities. Directs the Secretary of the Interior to prepare a report assessing groundwater quality and quantity information systems and data collection and monitoring. Requires the Secretary to submit such report to the Congress with biennial updates. Directs the Secretary to conduct a national groundwater assessment program to assist State and local governments in managing groundwater resources and designing monitoring programs, including recommending protocols to assist such governments in meeting their data collection responsibilities under specified Federal environmental statutes. Directs the Administrator of the Environmental Protection Agency (EPA) to establish and coordinate a research, development, and demonstration program for the protection and management of groundwater resources, including surveys, the development of cost-effective prevention, detection, and mitigation techniques, and the provision of technical assistance. Sets forth demonstration project selection criteria and procedures, based upon the seriousness of the contaminant addressed and a project's applicability to other locations and circumstances. Requires that such project be monitored and evaluated by the Administrator. Authorizes the Administrator to pay the costs of such evaluation, but limits Federal cost sharing for the project in general. Directs the Administrator to conduct and publish a risk assessment analysis for significant groundwater contaminants according to a standard format and prescribed schedule. Directs the Secretary and the Administrator each to establish a technical assistance program to serve other Federal and governmental agencies, including conducting research, surveys, training, and technology transfer. Directs the Secretary to establish and maintain a National Groundwater Information Clearinghouse. Directs the Administrator to establish a media-specific research committee for groundwater resources. Directs the Science Advisory Board established by the Environmental Research, Development, and Demonstration Act of 1978 to review and report to the Congress on EPA's groundwater research programs. Authorizes the Administrator to establish and maintain research fellowships. Directs the Administrator to make grants for groundwater research institutes which are to be located in areas making significant use of groundwater. Requires that funds be equitably distributed throughout the United States and that one of the institutes be the National Center for Ground Water Research, a consortium between Oklahoma, Oklahoma State, and Rice Universities. Limits the Federal share to 50 percent of costs and earmarks funds for technology transfer. Requires the Administrator to review and evaluate such institutes and subjects the institute's research to peer review. Directs the Secretary and the Secretary of the Army to consider the impact on groundwater when evaluating new water resource projects. Authorizes modifications in existing projects to protect groundwater. Requires the Administrator, in cooperation with New Jersey and relevant local governments, to study and report on: (1) the feasibility of removing volatile groundwater contaminants in the New Jersey coastal plain by induced air phase transport; and (2) the problem of trace metal leaching by corrosive groundwater in such coastal plain. Directs the Administrator, in cooperation with California and relevant local agencies, to study and report on the feasibility of groundwater replenishment with treated wastewater and of the potential of groundwater contamination through exfiltration of sewage from sewer systems of publicly owned treatment works. Directs the Administrator, in cooperation with New York State and relevant local governments, to study and report on the pollution of the Buffalo River by contaminated groundwater in Erie County. Directs the Administrator, in cooperation with the Secretary of the Army, to conduct a research and demonstration program at the Lake Okeechobee ecosystem, Florida, on the relationship between ground and surface water quality and the management and control of aquatic plants. Requires that methods developed be adaptable to other circumstances and be made available to State and local governments. Requires the solicitation of information from other sources, such as scientists and management personnel. Requires the Administrator and the Secretary each to report to the Congress on such program and demonstration project, authorizing other Federal agencies to utilize such report. Authorizes appropriations. Directs the President to report annually to the Congress on groundwater generally and groundwater programs conducted pursuant to this Act. Authorizes appropriations for FY 1989 through 1991. Title III: Agricultural Production and Water Use - Agricultural Ground Water Management Act of 1989 - Directs the Secretary of Agriculture to investigate and report to the Congress on the relationship between agricultural practices and water use and quality, including current and projected status and efforts. Requires the Administrator and the Secretary to conduct a joint study of the impact on groundwater and agricultural interests of proposals to dredge from the Hudson River sediments which contain PCBs and dispose of such sediments on land. Directs the Secretary to establish an Agricultural Nitrogen Best Management Practices Task Force to report to the Secretary and the Congress on agricultural best management practices, systems, and technologies for reducing or mitigating any negative effects of agricultural nitrogen on water quality. Authorizes appropriations for three fiscal years. Title IV: Ground Water Radium Contamination - Authorizes the Administrator to assist local governments in demonstrating mitigation of radium contamination in groundwater where such groundwater is used as a source of public drinking water in small communities and the contamination exceeds the level established under the Safe Drinking Water Act. Authorizes appropriations for FY 1990 through 1992 for such program.
United States · United States Congress · 3 January 1989
Hotel and Motel Fire Safety Act of 1989 - Amends the Federal Fire Prevention and Control Act of 1974 to require the Director of the Federal Emergency Management Agency to issue guidelines governing the use and installation of automatic sprinkler systems and smoke detectors in places of public accommodation. Includes within such guidelines the requirements that, in each public accommodation: (1) an automatic smoke detection system be installed in accordance with the appropriate American National Standard for Fire Alarm Systems; and (2) an automatic sprinkler system be installed in accordance with the appropriate American National Standard for the Installation of Sprinkler Systems, except in places that are two stories or lower, have no interior corridors, and have immediate exterior egress from rooms to a ground level area. Requires States to submit to the Director lists of public accommodations which meet such guidelines so that the Director can compile, publish, and distribute to Federal agencies a master list of all public accommodations that meet such guidelines. Authorizes the Director to take steps to encourage States to promote the use of automatic sprinkler and smoke detection systems and to disseminate information on the life safety value and use of such systems. Amends Federal law to prohibit Federal employees from receiving reimbursement for staying at non-Federal public accommodations which are not on the Director's master list, unless there is no room available at listed accommodations that are a reasonable distance from the employee's place of official business. Limits the studies and surveys conducted to establish the lodging expenses of Federal employees on official business to public accommodations which meet such guidelines. Requires that directories of lodging accommodations for Federal employees include a description of the access and safety devices which each listed public accommodation provides for handicapped guests.
United States · United States Congress · 3 January 1989
Federal Employees' Political Activities Act of 1989 - Prohibits an employee from using or attempting to use official authority or influence to interfere with or affect the result of any election. Prohibits an employee from using or attempting to use official authority to intimidate, threaten, coerce, command, or influence: (1) any individual for the purpose of interfering with the right of any individual to vote as the individual may choose, or of causing any individual to vote, or not to vote, for any candidate or measure in any election; (2) any person to give or withhold any political contribution; or (3) any person to engage, or not to engage, in any form of political activity. Prohibits an employee from using, attempting to use, or permitting the use of any official information, unless such information is available to the general public. Prohibits an employee from: (1) giving or offering to give a political contribution to any individual either to vote or to refrain from voting, or to vote for or against any candidate or measure, in any election; (2) soliciting, accepting, or receiving a political contribution to vote or refrain from voting, or to vote for or against any candidate or measure, in any election; or (3) giving or handing over a political contribution to a superior of the employee. Prohibits an employee from soliciting, accepting, or receiving, or from being in any manner concerned with soliciting, accepting, or receiving, a political contribution: (1) from another employee (or a member of another employee's immediate family) with respect to whom the employee is a superior; or (2) in any room or building occupied in the discharge of official duties by a Federal employee or official or an individual receiving salary or compensation from the Treasury. Prohibits an employee from soliciting, accepting, or receiving a political contribution from, or giving a political contribution to, any person who: (1) has, or is seeking to obtain, contractual or other business or financial relations with the employing agency; (2) conducts operations or activities which are regulated by that agency; or (3) has interests which may be substantially affected by the performance of the employee's official duties. Directs the Special Counsel of the Merit Systems Protection Board to prescribe regulations which exempt employees from such prohibitions. Prohibits an employee from engaging in political activity: (1) while on duty; (2) in any room or building occupied in the discharge of official duties by a Federal employee or official; (3) while wearing a uniform or official insignia identifying the office or position of the employee; or (4) while using any vehicle owned or leased by the Government. Exempts certain high level political appointees from such prohibitions if the costs associated with the political activity are not paid for by money derived from the Treasury. Authorizes leave without pay or accrued annual leave to an employee who is a candidate, upon request, to allow such employee to engage in activities relating to that candidacy. Declares that such request may be denied if the exigencies of the public business so require. Declares that such employee may be required to take leave without pay or accrued annual leave in order to be a candidate if activities relating to the candidacy interfere with the employee's performance of duties. Applies this Act to postal employees and employees of the Postal Rate Commission.
United States · United States Congress · 3 January 1989
Clean Air Act Amendments of 1989 - Title I: Ozone and Carbon Monoxide Nonattainment Areas - Subtitle A: General Provisions - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA) to promulgate rules, within 18 months of this Act's enactment, for enhanced State monitoring of ozone, nitrogen oxides, volatile organic compounds, and carbon monoxide. Authorizes States to request the Administrator to redesignate a nonattainment area for an air pollutant for which a national ambient air quality standard is applicable as having attained the standard for such pollutant if the area meets such standard, the State implementation plan is revised to provide for the maintenance of such standard, and contingency provisions of such plan assure prompt correction of violations of the standard. Requires the Administrator to promulgate minimum criteria for the consideration of State implementation plan revisions. Revises ozone and carbon monoxide nonattainment areas which are classified as Serious or Severe Areas and are located within Metropolitan Statistical Areas (MSA) or Consolidated Metropolitan Statistical Areas (CMSA) to include the entire MSA or CMSA. Authorizes the Administrator to modify nonattainment areas classified as Moderate Class I or Moderate Class II areas to encompass the entire MSA or CMSA if such modification is necessary to obtain the air quality standard for ozone or carbon monoxide. Subtitle B: Provisions Relating Primarily to Ozone Air Pollution - Classifies an ozone nonattainment area as a Moderate Class I, Moderate Class II, Serious Area, or Severe Area depending on the extent to which the area deviates from the ozone air quality standard. Sets forth air quality attainment dates for each classification. Authorizes the Administrator to: (1) make no more than two one-year extensions of attainment dates for Moderate Class II or Serious Areas; and (2) reclassify Moderate or Serious Areas as Severe if they cannot meet the ozone standard before December 31, 1997. Sets forth special rules for determining the attainment dates of reclassified areas. Requires each State to submit to the Administrator an emissions inventory of nitrogen oxides and volatile organic compounds from all sources in ozone nonattainment areas. Requires stationary sources within such areas to provide the State with such emissions information. Directs the Administrator to complete development of a Regional Oxidant Model and an urban scale photochemical grid model upon which State plan revisions for ozone nonattainment areas shall be based. Charges major stationary sources with modeling and inventory costs. Requires that State implementation plans for ozone nonattainment areas be revised to contain measures necessary for attaining the ozone standard by the applicable date, including enforceable interim schedules of compliance, contingency provisions to deal with the failure of areas to meet such schedules, and new source review provisions. Sets forth federally prescribed measures for ozone nonattainment areas, including limitations, applicable to all such areas, on increased emissions of nitrogen oxides or volatile organic compounds resulting from the construction or modification of stationary sources. Requires enhanced vehicular inspection and maintenance programs and the application of reasonably available control technology to stationary sources in Moderate Class II, Serious, and Severe ozone nonattainment areas. Requires the use of fill nozzles to recover gasoline vapors escaping when vehicle gas tanks are being filled, increases in the use of vehicles emitting low levels of nitrogen oxides or volatile organic compounds, and the enhancement of emissions monitoring programs in Serious and Severe Areas. Requires transportation control measures, specified reductions in volatile organic compounds emitted from stationary sources that are not in compliance with emission limitations, and the imposition of civil penalties against the owners or operators of stationary sources that do not obtain such reductions in Severe Areas. Sets forth enforcement provisions. Authorizes the imposition of specified sanctions for violations of this subtitle's requirements or provisions of State implementation plans. Directs the Administrator to upgrade the classification of a Moderate Class I, Moderate Class II, or Serious ozone nonattainment area which fails to attain the air quality standard by the applicable date. Requires States to submit plan revisions for such areas. Imposes restrictions on the construction and modification of stationary sources in Severe Areas which fail to meet such standard by the applicable date. Requires the Administrator to: (1) issue and periodically revise control technology guidelines for stationary sources of nitrogen oxides and volatile organic compounds; (2) identify alternative controls for all categories of such stationary sources; and (3) provide States with guidance in evaluating the relative cost-effectiveness of various options for controlling emissions from stationary sources of air pollutants contributing to the nonattainment of ozone or carbon monoxide standards. Directs the Administrator to establish interstate ozone transport regions when there is reason to believe that ozone in one or more States contributes significantly to ozone in another State. Requires the Administrator to create an ozone transport commission for each region to identify the sources of air pollution in the region which should be required to apply reasonably available control technology to reduce ozone pollution elsewhere in the region. Requires the revision of State implementation plans to satisfy commission recommendations which have the Administrator's approval. Authorizes a State to petition the Administrator to require out-of-State sources to install reasonably available control technology upon a finding that such sources contribute to the State's nonattainment of air quality standards. Requires each State in which is located a portion of a multi-State nonattainment area to coordinate the revision and implementation of State implementation plans applicable to the nonattainment area. Allows such a State to escape sanctions upon a showing that it is other States in which such area is located that have violated this subtitle's provisions or caused nonattainment by the applicable date. Subtitle C: Provisions Relating Primarily to Carbon Monoxide Air Pollution - Classifies a carbon monoxide nonattainment area as a Moderate Class I, Moderate Class II, or Severe Area depending on the extent the area deviates from the carbon monoxide air quality standard. Sets forth air quality attainment dates for each classification. Authorizes the Administrator to: (1) make no more than one one-year extension of the attainment date for a Moderate Class II Area; and (2) reclassify a Moderate Class II Area as a Severe Area if it cannot meet the carbon monoxide standard before December 31, 1995. Sets forth special rules for determining the attainment dates of reclassified areas. Requires each State in which is located a portion of a multi-State carbon monoxide nonattainment area to coordinate revisions and implementation of State implementation plans applicable to the nonattainment area. Allows such a State to escape sanctions upon a showing that it is other States in which such area is located that have violated this subtitle's provisions or caused nonattainment by the applicable date. Requires that State implementation plans for carbon monoxide nonattainment areas be revised to contain measures necessary for attaining the carbon monoxide standard by the applicable date, including enforceable interim schedules of compliance, a forecast of the vehicle miles to be traveled in the nonattainment area for each year prior to the attainment date, and contingency provisions if the estimate of vehicle miles traveled exceeds the forecast mileage or the area fails to meet the air quality standard by the applicable date. Sets forth federally prescribed measures for carbon monoxide nonattainment areas, including vehicular inspection and maintenance programs in Moderate Class II Areas and enhanced vehicular inspection and maintenance programs, increases in the use of vehicles emitting low levels of carbon monoxide or having dual fuel capability, transportation control measures, and enhanced emissions monitoring programs in Severe Areas. Sets forth enforcement provisions. Authorizes the imposition of specified sanctions for violations of this subtitle's requirements or provisions of State implementation plans. Directs the Administrator to upgrade the classification of a Moderate Class I or Moderate Class II carbon monoxide nonattainment area which fails to attain the air quality standard by the applicable date. Requires States to submit plan revisions for such areas. Mandates annual three percent carbon monoxide emissions reductions in Severe Areas which fail to meet such standard by the applicable date. Title II: Provisions Relating to Mobile Sources - Sets standards for emissions of nonmethane hydrocarbons and nitrogen oxides from passenger cars and light duty trucks manufactured after model year 1992. Requires carbon monoxide emissions testing at 40 degrees Fahrenheit of passenger cars and light duty trucks manufactured after model year 1992. Sets emission standards at such temperature. Adds an idle test to the Federal Test Procedure for emissions from light duty vehicles. Continues the application of model year 1992 standards for emissions of nonmethane hydrocarbons and nitrogen oxides from passenger cars and light duty trucks through model year 1997 when conducting in-use emissions testing. Directs the Administrator to complete and publish the results of a study by January 1, 1992, regarding the practicality of applying the new standards for nonmethane hydrocarbons and nitrogen oxides to vehicles in actual use during their useful life. Authorizes the Administrator to promulgate rules, within two years after such study, relating to in-use compliance with emission standards. Directs the Administrator to: (1) review, revise, and republish, within 9 months of this Act's enactment, the guidance for State motor vehicle inspection and maintenance programs to reduce emissions of volatile organic compounds, nitrogen oxides, and carbon monoxide in ozone and carbon monoxide nonattainment areas; and (2) determine, within two years of this Act's enactment, whether a nationwide program of motor vehicle inspection and maintenance for heavy-duty trucks and buses would be an effective ozone or carbon monoxide control measure. Expands the scope of the prohibition against tampering with vehicle emission control devices or design elements. Authorizes the Administrator to consider information collected under a State vehicle emission control inspection and maintenance program in determining the compliance of vehicles in use with emissions standards. Requires the Administrator to establish at least one high altitude testing center to determine the compliance of vehicles with emission standards when in actual use throughout their useful life. Directs the Administrator to promulgate standards for emissions of carbon monoxide, nitrogen oxides, and volatile organic compounds from non-road engines which are significant contributors to ozone or carbon monoxide concentrations in more than one ozone or carbon monoxide nonattainment area. Provides for the enforcement of such standards. Requires the Administrator to review and, if necessary, revise aircraft emissions standards. Requires the Administrator to promulgate standards requiring the use of hydrocarbon control technology on light duty vehicles if such technology is determined to be feasible and desirable. Provides that, if such standards are not applied to all light duty vehicles, States in which there is an ozone nonattainment area must require the use of a fill nozzle to collect hydrocarbon vapors and prevent spillage. Collects fees from vehicle manufacturers for vapor recovery controls. Directs the Administrator to promulgate regulations to reduce evaporative emissions from gasoline by establishing standards for gasoline volatility. Prohibits the sale of leaded gasoline for vehicles on streets or highways after 1990. Permits a two-year delay of such prohibition if such prohibition reduces the availability of leaded gasoline for farm vehicles and alternatives to leaded gasoline for use in farm vehicles are unavailable. Requires the Administrator to promulgate a rule requiring a reduction in the sulfur content of motor vehicle diesel fuel. Directs the Administrator to provide guidance to States in which there are located ozone or carbon monoxide nonattainment areas on the use of vehicles having low emissions of nitrogen oxides, volatile organic compounds, or carbon monoxide. Requires the Administrator to determine whether and to what extent required increases in the use of low emission vehicles in ozone and carbon monoxide nonattainment areas can be extended to fleets of heavy-duty vehicles. Directs the Secretary of Transportation to promulgate standards, within two years of this Act's enactment, applicable to on-board natural gas storage cylinders. Requires that, of the vehicles obtained for a Federal Government fleet of passenger cars and light-duty trucks, 30 percent of those obtained in 1994, 50 percent of those obtained during 1995 and 1996, and 90 percent of those obtained thereafter be alternative fuel vehicles. Requires Federal facilities supplying such vehicles with alcohol or natural gas to offer such fuel for sale to the public. Requires that other Federal gasoline-powered vehicles which are not dual energy vehicles and are operated in Severe carbon monoxide nonattainment areas be supplied after March 31, 1989, with fuel that blends oxygenates with gasoline. Directs the Administrator to conduct a study and report to the Congress by October 1, 1991, on the air pollutant emissions, air quality impact, and human health risks associated with the storage, distribution, and use of significant amounts of alcohols or natural gas as transportation fuels as compared to diesel and gasoline fuels. Authorizes FY 1990 appropriations for such study. Authorizes appropriations for FY 1993 through 1996 for the extra costs of acquiring low-emission vehicles for Federal fleets. Requires that all buses ordered after 1989 for a Federal bus fleet operating in an ozone or carbon monoxide nonattainment area and having a central refueling station available to it be low emittors of nitrogen oxides, volatile organic chemicals, or carbon monoxide. Directs the Administrator to provide States with guidance on the use of transportation control measures. Title III: Other Provisions - Includes a movable stationary source within the term "stationary source" if it emits pollutants from equipment or processes other than its means of propulsion. Directs the Administrator to conduct a study of emissions of volatile organic compounds into the air from various substances, products, or activities to: (1) determine their potential to contribute to ozone levels; and (2) establish criteria for selecting substances, products, and activities to be regulated. Authorizes the Administrator to regulate such substances, products, and activities or issue control technology guidance if such guidance will be substantially as effective as regulations in reducing emissions of volatile organic compounds. Requires specified reductions in emissions of volatile organic compounds from commercial and consumer solvents, architectural coatings, traffic coatings, and aerospace coatings. Directs the Administrator to publish guidelines, within one year of this Act's enactment, for the improved enforcement of requirements applicable to the control of nitrogen oxides, volatile organic compounds, and carbon monoxide. Sets forth air pollution control penalty and enforcement provisions. Requires the Administrator to: (1) periodically review and, if necessary, revise the methods used to determine the quantity of emissions of carbon monoxide, volatile organic compounds, and nitrogen oxides from pollutant sources; and (2) establish methods to determine the quantity of such emissions from sources for which methods have not yet been established. Directs the Administrator to: (1) conduct a study and report to the Congress within three years of this Act's enactment on whether the methodology used by the EPA for establishing a design value for ozone provides a reasonable indicator of the ozone air quality of ozone nonattainment areas; (2) conduct a study and report to the Congress, within two years of this Act's enactment, on the role of nitrogen oxide emission reductions in reductions of ozone levels at different peak ozone concentrations and volatile organic compound-to-nitrogen oxide ratios; and (3) jointly fund, with the motor vehicle manufacturing industry, research into new engine designs which are more fuel efficient and less polluting, and into alternative fuels. Requires the Administrator to make information regarding emission control technology available to States and the public through a central database. Authorizes appropriations for the implementation of this Act.
United States · United States Congress · 3 January 1989
Requires that the President's budget proposal to the Congress and the budgets reported by the congressional budget committees reflect a balanced budget for each fiscal year, beginning with FY 1990. Authorizes both the President and the committees to submit alternative budgets that provide for a surplus or deficit upon determining that a balanced budget would be inappropriate for a particular fiscal year. Requires an alternative budget to include a comprehensive plan for balancing the budget.
United States · United States Congress · 3 January 1989
Anti-Apartheid Act Amendments of 1989 - Title I: Sanctions Against Investment in, and Exports to, South Africa and Other Measures (Except Import Restrictions) to End Apartheid - Part A: Amendments to the Comprehensive Anti-Apartheid Act of 1986 and Other Laws - Amends the Comprehensive Anti-Apartheid Act of 1986 to prohibit any investments in South Africa by U.S. persons. Makes exceptions to such prohibition for: (1) investments in a business enterprise 90 percent owned and controlled by South Africans economically and politically disadvantaged by apartheid; and (2) investments made by certain individuals during any period and to the extent that such investments are considered South African emigrant non-resident assets and subject to transfer or disposition restrictions. Authorizes a person to apply for, and the President to grant for good cause, a waiver of such prohibition for up to 180 days. Requires U.S. controlled South African entities that are subject to the investment prohibition and that employ more than 24 South Africans economically and politically disadvantaged by apartheid to: (1) notify employees and employee organizations not less than 90 days prior to termination of the U.S. investment in such entity; and (2) enter into good faith negotiations with representative trade unions regarding the terms of such termination. Prohibits the exportation or reexportation to South Africa of any goods or technology subject to U.S. jurisdiction. Prohibits any such exportation or reexportation by any person subject to U.S. jurisdiction. Exempts from such prohibition publications, donations of food, clothing, and medical supplies, commercial sales of agricultural commodities and products, and goods and technology for use in the gathering or dissemination of information by news media organizations subject to U.S. jurisdiction. Makes such prohibitions inapplicable to: (1) any goods that are the direct product of technology of U.S. origin under a written agreement entered into on or before April 20, 1988, and that are exported within one year of the enactment of this Act; (2) economic assistance or human rights programs for disadvantaged South Africans, South African blacks or other nonwhite South Africans, or victims of apartheid in South Africa; and (3) contributions to charitable organizations engaged in social welfare, public health, religious, educational, or emergency relief activities in South Africa. Repeals specified provisions of the Comprehensive Anti-Apartheid Act of 1986 that: (1) prohibit certain exports to, imports from, and investments in South Africa; (2) set forth U.S. policy toward the recruitment and training of black South Africans; and (3) prohibit U.S. intercession with any foreign government regarding export activities of certain U.S. nationals in South Africa who are not implementing the Code of Conduct. Revises the definition of "loans" for purposes of such Act to prohibit short-term trade financing, sales on open account, and rescheduling of existing loans. Adds other definitions for purposes of such Act. Prohibits any U.S. agency or entity involved in intelligence activities from engaging in any form of cooperation with the Government of South Africa (specifically including the authorities administering Namibia so long as Namibia is illegally occupied). Prohibits any U.S. agency or entity from engaging in any form of cooperation with the armed forces of South Africa. Prohibits funds made available by the Congress from being obligated or expended for any expense related to any prohibited cooperation. States that the President should not: (1) assign or detail any member of the U.S. armed forces to serve as a defense or military attache in South Africa; or (2) accredit any individual to serve as a defense or military attache at a South African diplomatic mission in the United States. Repeals provisions of the Intelligence Authorization Act for Fiscal Year 1987 concerning restrictions on intelligence agency cooperation with South Africa. Prohibits the Secretary of Energy from authorizing any person to engage, directly or indirectly, in the production of special nuclear materials in South Africa. States that South Africa's granting of independence to Namibia is a major policy goal of the United States. Includes such granting of independence as one of several actions South Africa must take to have U.S. sanctions terminated. Revises penalty provisions of the Comprehensive Anti-Apartheid Act of 1986. Establishes within the Department of State a Coordinator of South Africa Sanctions who shall be responsible to the Secretary of State for matters pertaining to the implementation of sanctions against South Africa. Directs the Coordinator to place emphasis on activities related to strategically important trade in oil, coal, computers, specialized machinery and arms, and to financial credits. Sets forth the responsibilities of the Secretary of State in leading and coordinating the activities of other agencies in implementing and enforcing the Comprehensive Anti-Apartheid Act of 1986 and in monitoring other nations' economic relations with South Africa. Requires the Secretary to report annually to the Congress on actions to monitor and enforce such Act and on economic relations between South Africa and each of its trading partners. Establishes an Inter-Agency Coordinating Committee on South Africa to coordinate and monitor the implementation of such Act. Revises provisions of such Act regarding the Code of Conduct and expanded participation in the South African economy. Requires Federal agencies to make efforts to assist businesses more than 90 percent (currently, 50 percent) owned by black or nonwhite South Africans. Amends the Export Import Bank Act of 1945 to require the Bank to insure or participate in the extension of credit to businesses more than 90 percent owned (currently, majority owned) and controlled by black or nonwhite South Africans. Amends the Foreign Assistance Act of 1961 to permit the use of a specified amount of funds authorized for economic development assistance for assistance to disadvantaged South Africans. Specifies that such assistance may include scholarships, the promotion of the participation of disadvantaged South Africans in trade unions and private enterprise, alternative education and community development programs, and training and other assistance (including legal aid) for South African journalists. Lists major trade union federations in South Africa and Namibia as examples of recipients of U.S. assistance to the labor movement. Earmarks a specified amount of such funds for refugee education and assistance for South Africans and Namibians. Prohibits any U.S. person from providing transport to South Africa of a commercial quantity of crude oil or refined petroleum products. Includes in such prohibition transport on a vessel of U.S. registry or on a vessel owned by a U.S. person. Prohibits the Secretary of the Interior from issuing any mineral lease to any national of the United States which is controlled by any foreign person who purchases, acquires, owns, or holds any investment in South Africa or who exports crude oil or refined petroleum products to South Africa. Authorizes the President to waive such prohibitions under specified conditions. Part B: Policy Statements; Reports; Studies; and Other Miscellaneous Provisions - Expresses the sense of the Congress that the President should: (1) direct the Attorney General to conduct an antitrust investigation of the South African controlled international diamond cartel; (2) direct the Secretary of Commerce and the Commissioner of Customs to study the feasibility of identifying at the port of entry the national origin of diamonds entering the United States; and (3) ensure effective and rigorous enforcement of a prohibition on the importation into the United States of uncut South African diamonds by taking specified measures. Expresses the sense of the Congress that: (1) the President should close two of South Africa's consulates general, eliminate all honorary consuls of South Africa in the United States, and forbid expansion of South Africa's embassy staff; and (2) approval of temporary U.S. visas should be granted on a case-by-case basis after considering South Africa's record of allowing its citizens, including apartheid opponents, to travel to the United States. Requires the President to study and report to the Congress on measures to reduce South Africa's foreign exchange earnings from gold. Directs the Secretary of State to report to the Congress on South Africa's involvement in international terrorism. Title II: Sanctions Against South African Imports Into the United States - Prohibits the importation into the United States of any article from South Africa, except: (1) strategic minerals which the President certifies to the Congress are essential for military or economic purposes and are not available from alternative reliable suppliers or through improved manufacturing processes, conservation, recycling, and economical substitution; and (2) publications. Specifies that such prohibition includes: (1) krugerrands or any gold coin minted in South Africa or offered for sale by the Government of South Africa; (2) uranium hexafluoride that has been manufactured from South African uranium or uranium oxide; and (3) fish or seafood which are products of South Africa. Exempts from such prohibition any imports from business enterprises in South Africa that are wholly-owned by persons economically or politically disadvantaged by apartheid. Requires the President to confer with other industrialized democracies in order to reach cooperative agreements to impose sanctions against South Africa to bring about the dismantling of apartheid. Requires the President to report to the Congress concerning such efforts. Requires (currently, encourages) the President to seek United Nations Security Council adoption of the same sanctions against South Africa as are imposed by the United States. Requires (currently, authorizes) the President to impose penalties against foreign persons taking significant commercial advantage of U.S. sanctions against South Africa or comparable sanctions of other industrialized democracies. Includes as such a penalty the restriction of such a person from contracting with U.S. Government entities. Allows the President to waive such penalties for foreign persons of an industrialized democracy that is a party to a cooperative agreement to impose sanctions against South Africa. Requires the President to revoke such waiver if the industrialized democracy is not adequately enforcing the measures provided for under the agreement. Requires that information concerning the extent to which import restrictions are being enforced by other industrialized democracies be included in the Secretary of State's annual report to the Congress. Sets forth provisions pertaining to committee referral in the House of Representatives of joint resolutions pertaining to import restrictions. Requires the President, through the Secretary of Commerce, to submit periodic reports to the Congress setting forth the average amounts of imports of coal or any strategic and critical material entering the United States from each member and observer country of the Council for Mutual Economic Assistance. Requires the President to report annually to the Congress on the program to reduce U.S. dependence on strategic minerals from South Africa. Requires the President to confer with the governments of the African "frontline" States on measures to prevent the circumvention of the import restrictions on South African products imposed under the authority of this Act. Title III: General Provisions - Makes conforming amendments and sets forth the effective date of this Act.
United States · United States Congress · 3 January 1989
Hunger Emergency Assistance and Relief Trust Act of 1989 - Amends the Internal Revenue Code to allow individuals to designate on their income tax returns a contribution of all or part of their tax refunds to the Hunger Emergency Assistance and Relief Trust. Establishes in the Treasury the Hunger Emergency Assistance and Relief Trust (trust fund) to distribute hunger relief funds to qualified nonprofit hunger relief services organizations. Appropriates to the trust fund amounts equal to those designated on tax returns. Describes standards and procedures for the distribution of trust fund monies. Specifies a number of restrictions with respect to the activities of recipient organizations, including limitations on administrative expenses. Requires the Hunger Commission to submit to specified congressional committees an annual report detailing trust fund expenditures. Establishes a Hunger Commission to administer the distribution of funds to qualified hunger relief services organizations on a matching grant basis. Permits a maximum award of $100,000 to any single qualified organization in any fiscal year. Requires that: (1) at least 50 percent of amounts received into the trust fund in any year be paid to qualified organizations; and (2) monies in the trust fund be distributed within 180 days of their receipt there. Authorizes appropriations.
United States · United States Congress · 3 January 1989
Permanent Housing for Homeless Americans Act of 1989 - Directs the Secretary of Housing and Urban Development to provide FY 1990 and 1991 housing assistance for homeless or low-income individuals and families under the following programs: (1) section 8 assistance under the United States Housing Act of 1937; (2) section 8 moderate rehabilitation assistance under the United States Housing Act of 1937; (3) modernization of vacant public housing under the United States Housing Act of 1937; (4) rental rehabilitation under the United States Housing Act of 1937; and (5) funding for the rehabilitation of State and local government in rem properties under the Housing and Community Development Act of 1974. Requires an annual program report to the Congress.
United States · United States Congress · 3 January 1989
Independent Defense Department Inspector General Act - Establishes the Office of the Defense Inspector General (Office) as an independent establishment within the executive branch. Provides that such office shall be headed by an Inspector General appointed by the President by and with the advice and consent of the Senate. Specifies that the Inspector General shall not report to, or be subject to supervision by, the Secretary of Defense. Provides that the Inspector General shall appoint an Assistant Inspector General for Auditing and an Assistant Inspector General for Investigations. Specifies the various duties and responsibilities of the Inspector General, including: (1) providing policy direction for, and conducting and supervising audits and investigations relating to, the programs and operations of the Department of Defense; and (2) being the principal adviser to the Secretary of Defense for matters relating to the prevention and detection of fraud, waste, and abuse in the programs and operations of the Department of Defense. Requires the Inspector General, in carrying out the duties and responsibilities established under this Act, to: (1) give regard to the activities of the Comptroller General with a view toward avoiding duplication and insuring coordination and cooperation; (2) report to the Attorney General whenever reasonable grounds exist to believe there has been a violation of criminal law; and (3) carry out such duties and responsibilities in a manner that avoids compromising or endangering the national security. Requires the Inspector General to prepare semiannual reports concerning the activities of the Office and to furnish such reports to the President, the Secretary of Defense, and the Committees on Armed Services of the Senate and the House of Representatives. Sets forth administrative provisions concerning: (1) the authorities of the Inspector General to have access to records and documents of the Department of Defense; (2) the obtaining of information and assistance from other Federal agencies; and (3) office space and equipment. Requires the Inspector General to report to the President, the Secretary of Defense, and the Armed Services Committees whenever any requested information or assistance is unreasonably refused. Authorizes the Inspector General to receive and investigate complaints or information from employees of the Department of Defense concerning violations of law, waste, mismanagement, or dangers to public health or safety. Prohibits the Inspector General from disclosing the identity of such an employee without the consent of the employee, unless the Inspector General determines such disclosure is unavoidable during the course of an investigation. Prohibits taking or threatening to take any action against any such employee as a reprisal for making a complaint or disclosing information to the Inspector General. Prohibits any person from serving as Inspector General if he or she has served as an officer of the armed forces or has been employed by a defense contractor during the five-year period prior to nomination. Prohibits any person who has served as Inspector General from accepting compensation from a defense contractor for a period of five years after leaving office. Sets forth similar rules for employees of the Office for periods of three years before and after employment with the Office. Terminates the Office of the Inspector General of the Department of Defense. Transfers all personnel, records, property and assets of such office to the Office established by this Act.
United States · United States Congress · 3 January 1989
Regional Presidential Primaries Act of 1989 - Prohibits any State from conducting a presidential primary election except in accordance with the provisions of this Act. Establishes six regional primaries to be held in each presidential election year. Sets the dates for such primaries. Sets requirements for voter eligibility in the primaries conducted under this Act. Authorizes the Attorney General to bring a civil suit in United States district court when there is reason to believe that a State is holding a primary in violation of this Act. Requires presidential candidates in a primary, in order to be eligible to receive payments from the Presidential Election Campaign Fund, to agree to enter at least one State primary in each of the six regions and to notify the Federal Election Commission of which primaries will be entered. Authorizes appropriations.
United States · United States Congress · 3 January 1989
Amends the Federal Election Campaign Act of 1971 to remove the authority for certain Members of Congress to use excess campaign funds for personal purposes.
United States · United States Congress · 3 January 1989
Federal Election Campaign Amendments of 1989 - Amends the Federal Election Campaign Act of 1971 to provide for voluntary expenditure limitations and partial public financing for House of Representatives general elections. Sets forth eligibility requirements for public financing, including that a candidate: (1) has not and will not make expenditures or accept contributions in excess of specified limitations; (2) will deposit all payments in a separate checking account; (3) will furnish campaign records, evidence of contributions, and other appropriate information to the Federal Election Commission; and (4) will cooperate in any audit and examination conducted by the Commission. Requires eligible candidates to certify to the Commission that: (1) during the period beginning on January 1 of the calendar year preceding the year of a general election, such candidate and the authorized committees of the candidate have received contributions aggregating ten percent of the spending limitation; (2) 80 percent of such contributions have come from individuals residing in the candidate's State; and (3) at least one other candidate has qualified for the ballot. Makes special rules for special elections. Provides that a contribution may not be counted unless: (1) it is made on a written instrument identifying the person making the contribution; (2) it is not considered a contribution by an intermediary or conduit; (3) it is made by an individual and does not exceed the aggregate of $250; and (4) it was received after January 1 of the year preceding the election. Makes special rules for special elections. Prohibits candidates who receive payments from spending more than $40,000 from personal funds during the election cycle. Prohibits such candidates from spending more than $400,000 in the aggregate during the election cycle, or additional expenditures of not more than $150,000 in a primary runoff election. Declares that if independent expenditures which exceed $10,000 are made during an election cycle in opposition to an eligible candidate or for the opponent of a eligible candidate, the eligible candidate may make additional expenditures above the spending limit in an equal amount. Entitles eligible candidates to: (1) matching payments of up to 50 percent of the spending limit in amounts equal to contributions in amounts of $250 or less from individuals, not given through intermediaries or conduits; (2) additional payments when $10,000 or more of independent expenditures are made in the general election in opposition to, or on behalf of an opponent of, such candidate; (3) additional payments if any candidate in the general election receives contributions or makes expenditures in excess of limitations; and (4) reduced rates for mailings made during the general election period. Declares that payments to eligible candidates may only be used to defray expenditures incurred with respect to the general election period. Requires the Commission to certify the eligibility of a candidate to the Secretary of the Treasury for payments under this Act. Directs the Secretary to maintain the House of Representatives Election Campaign Account in the Presidential Election Campaign Fund to make payments of certified amounts. Requires the Commission, after each general election, to audit ten percent of the eligible candidates by random selection. Requires the Commission to audit each eligible candidate after a special election. Provides for candidates to repay the Commission for excess expenditures. Provides for judicial review of Commission actions by the United States District Court for the District of Columbia, and for the Commission to participate in judicial proceedings. Directs the Commission to report to the House of Representatives after each election setting forth: (1) expenditures made by the candidates and their authorized committees; (2) payments made by the Commission; (3) the amounts of any repayments; and (4) the balance in the Presidential Election Campaign Fund and any account maintained in such Fund. Authorizes appropriations. Requires each candidate to file a declaration with the Commission of whether or not such candidate intends to make expenditures in excess of limitations. Requires each candidate who is not an eligible candidate and who receives aggregate contributions or makes aggregate expenditures which would exceed the spending limits to report to the Commission within a specified time schedule. Directs the Commission to notify each eligible candidate about such report and certify to the Secretary any additional payments to which an eligible candidate is entitled. Authorizes the Commission to make its own determinations as to whether or not a candidate has exceeded spending limitations. Requires any person who makes independent expenditures in excess of $5,000 to report to the Commission within 24 hours after making them. Requires the Commission to notify each eligible candidate of such expenditures. Requires, when two or more persons make an independent expenditure in coordination, consultation, or concert with regard to a House election, that each person report to the Commission when such amount exceeds $5,000. Requires each political committee which maintains a separate account for activities in non-Federal elections to file with the Commission reports of funds received into and disbursements made from such account for activities which may influence an election to a Federal office. Describes such activities as: (1) voter registration and get-out-the-vote drives; (2) general public political advertising; and (3) any other activities which require an allocation of costs between a political committee's Federal and non-Federal accounts. Applies the limitations on expenditures by national party committees to general public political advertising which clearly identifies by name an individual who is, or is seeking nomination to be, a candidate in the general election for President, Senator, or Representative. Declares that such limitations do not apply to direct mail communications designed primarily for fundraising purposes which only make incidental reference to Federal candidates. Prohibits a candidate for the House from accepting any contribution from a nonparty multicandidate political committee with respect to an election cycle which exceeds $100,000 ($125,000 if at least two candidates qualify for the primary and the general election). Limits such contributions to $40,000 for any primary runoff election. Prohibits a candidate for Federal office from establishing, maintaining, or controlling a political committee, other than the candidate's authorized committees or a committee of a political party. Provides for the accountability of contributions made by intermediaries or conduits. Describes when an independent expenditure is not an independent expenditure if there is any type of arrangement, coordination, direction, advice, or counseling directly or indirectly between a candidate and the person making the expenditure. Requires, when independent expenditures are made for television broadcast communications, that a statement appear continuously during such broadcast showing the name of the person or committee making such expenditure. Requires any type of general public print communication paid for by independent expenditure to include such a statement, plus a statement that the cost of presenting such statement is not subject to contribution limits. Amends the Internal Revenue Code to increase the amount an individual may designate to the Presidential Election Campaign Fund from $1 to $2 (and in the case of joint returns, from $2 to $4). Amends the Communications Act of 1934 to require House candidates, in order to qualify for special broadcast rates, to be clearly identifiable during a substantial portion of the time of broadcast.
United States · United States Congress · 3 January 1989
Research and Commercialization of Alternative Agriculture Act of 1989 - Title I: National Alternative Agricultural Products Board - Directs the Secretary of Agriculture to establish the National Alternative Agricultural Products Board to: (1) supervise the National Institute for Alternative Agricultural Products; (2) determine priority research areas; and (3) review and approve Institute budgets and grants. Title II: National Institute for Alternative Agricultural Products - Directs the Secretary to provide for the establishment of a National Institute for Alternative Agricultural Products as an independent entity within the Department of Agriculture. Authorizes the Institute to: (1) make grants and enter into cooperative agreements or contracts for research and demonstration projects; (2) provide technology transfer, information collection, and information dissemination; (3) search for new industrial materials that may be produced from agricultural commodities and for processes to produce such materials; and (4) administer the Alternative Agricultural Products Technology Revolving Fund (established by this Act). States that all projects shall have at least 50 percent matching funds. Directs the Institute to select those projects that will create or improve economically viable commercial products or technologies that involve the use of agricultural commodities. Title III: Agricultural Industrial Materials Corporation - Establishes within the Institute an Agricultural Industrial Materials Corporation which shall: (1) establish between five and 13 regional centers for promoting the commercialization of new nonfood, nonfeed uses of agricultural commodities; and (2) appoint an advisory council for each center. Authorizes the Corporation to provide specified financial assistance for projects to commercialize new agricultural nonfood, nonfeed products. Directs the Corporation to establish a regional center discretionary fund. Requires each center to report biannually to the Corporation regarding its fund use. Gives priority to projects that: (1) create jobs in distressed rural areas; (2) have State or local financial participation; and (3) have private financial participation. Title IV: Funding and Miscellaneous Provisions - Establishes in the Treasury the Alternative Agricultural Products Technology Revolving Fund. Authorizes appropriations to carry out the provisions of this Act. Amends the Critical Agricultural Materials Act to authorize FY 1989 and 1990 appropriations for critical agricultural materials activities of the Departments of Agriculture and of Commerce. Requires the Secretaries of Agriculture and of Commerce and the Joint Commission on Research and Development of Critical Agricultural Materials to limit their activities to critical agricultural materials other than native latex after FY 1990 (currently such requirement extends through FY 1988). Directs the Secretary, for the 1989 and 1990 crop years, to establish an alternative crop demonstration program for producers of wheat, feed grains, upland cotton, and rice. Limits annual demonstration acreage to 25,000 acres. Prohibits price support or related benefits for such alternative crops. Requires the Secretary to submit a program report to the appropriate congressional committees by April 1, 1990. Defines "alternative crop" as commodities not produced domestically in substantial amounts and that: (1) are currently imported or likely to be imported; or (2) could yield industrial raw materials; or (3) are grown for experimental purposes. Authorizes appropriations.
United States · United States Congress · 3 January 1989
Social Security Reorganization Act of 1989 - Title I: Establishment of the Social Security Administration - Amends title VII (Administration) of the Social Security Act to establish as an independent executive agency a Social Security Administration, headed by a Social Security Board. Provides that it shall be the duty of the Administration to administer the programs established by titles II (Old Age, Survivors and Disability Insurance) and XVI (Supplemental Security Income) of the Social Security Act. Requires the Board to study and make recommendations as to the most effective methods of providing economic security through social insurance and as to legislation and matters of administrative policy. Establishes in the Administration: (1) a Commissioner of Social Security; (2) an Office of Hearings and Appeals, to be headed by a Chief Administrative Law Judge; (3) a Deputy Commissioner of Social Security; (4) a General Counsel; (5) a Chief Actuary; (6) an Office of Policy and Legislation, to be headed by a Director of Policy and Legislation; (7) an Inspector General; and (8) an Office of the Ombudsman, to be headed by a Social Security Ombudsman who shall represent the concerns of the public regarding the OASDI and SSI programs to the Commissioner, the Board, and the President, and conduct studies and surveys of the administrative effectiveness and program policy goals of the agency. Establishes a Citizens' Advisory Committee within the Office of the Ombudsman to prepare and transmit to the Congress a biennial report assessing the administration and objectives of the OASDI and SSI programs. Authorizes the Committee to request, and assist in the preparation of, ombudsman studies and surveys of the agency's administration of the OASDI and SSI programs. Requires the Board to make annual budgetary recommendations relating to the Administration. Requires that appropriations requests by the Administration for staffing and personnel be based upon a comprehensive workforce plan established by the Board. Provides for the apportionment of administrative costs. Requires the annual report of the Board to include a section reflecting the use of budget authority provided to the Administration. Requires that authority for automated data processing procurement and facilities construction be provided in the form of contract authority covering the total cost of such acquisitions. Makes amounts needed for the liquidation of contract authority so provided available from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund to the extent that such amounts are not needed to meet current obligations for benefit payments. Requires the Board to cause a seal of office to be made and judicial notice taken thereof. Transfers to the Administration functions carried out by the Secretary of Health and Human Services with respect to the programs and activities to be carried out by the Administration under this Act. Abolishes the position of Commissioner of Social Security in the Department of Health and Human Services. Sets forth a beneficiary bill of rights under which: (1) all individuals are required to be treated fairly by the Board, the Commissioner, and the Secretary; (2) the Board, the Commissioner, and the Secretary are prohibited from discriminating on the basis of age, sex, race, creed, color, handicap, national origin, or economic condition; (3) the Commissioner and the Secretary should maintain prompt, professional, and effective service which is accessible and responsive to the community; (4) benefit payments are to be timely and proper; (5) a personal conference with an official or employee of the agency or Department of Health and Human Services is to be accorded to a beneficiary adversely affected by a determination of the Commissioner or the Secretary; and (6) a beneficiary is to receive, with respect to appealable administrative matters, a full, fair, and impartial evidentiary hearing before an administrative law judge. Sets forth effective date and transitional rule provisions. Title II: Conforming Amendments and Rules of Construction - Requires the Secretary and the Board to report to the Congress within 120 days after the beginning of each regular session on their administration under this Act. Requires the Secretary to study and make recommendations on the most effective methods of providing economic security and on the administrative policy for the programs. Directs the Board to appoint, quadrennially, an Advisory Council on the Old-Age, Survivors and Disability Insurance Program and an Advisory Council on Health and Supplementary Medical Insurance to review the relation of the trust funds supporting the OASDI program and the Medicare program and the long-term commitments of those programs. Requires each council to submit a report to the Board for transmittal to the Congress and the Board of Trustees of each trust fund. Title III: Management of the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund and the Federal Hospital Insurance Trust Fund - Amends the OASDI and Medicare (title XVIII of the Act) programs to direct the Managing Trustees of the Federal Old-Age and Survivors Insurance Trust Fund, Federal Disability Insurance Trust Fund, and Federal Hospital Insurance Trust Fund (trust funds) to immediately invest that portion of the trust funds which is not required for current withdrawals. Requires the investment of amounts in the OASDI trust funds to be made in accordance with policies established by the Social Security Board. Prohibits the sale and redemption of trust fund assets or the expenditure of trust fund amounts for purposes other than those specified in titles II and XVIII of the Act.
United States · United States Congress · 3 January 1989
Amends the Internal Revenue Code with respect to the corporate income tax exclusion of contributions to the capital of the taxpayer. Includes as a qualifying contribution any amount of money or property received by a regulated public utility (a utility required to provide electric energy, gas, water, or sewage disposal services) that: (1) is a contribution in aid of construction (as defined by regulations to be promulgated by the Secretary of the Treasury); (2) meets certain expenditure requirements; and (3) is not included in the taxpayer's rate base. Excludes amounts paid as customer connection fees.
United States · United States Congress · 3 January 1989
Family Education Assistance Act of 1989 - Amends the Internal Revenue Code to allow an individual income tax deduction for contributions to a savings account established to pay the educational expenses (tuition, supplies, meals, and lodging) of the taxpayer's child or certain other relatives at an institution of higher education or a vocational school. Limits the deduction to $1,500 annually (adjusted for inflation) for each account. Disallows the deduction for contributions to an account maintained for any individual aged 19 or older. Requires any account balance to be distributed after the beneficiary attains age 30. Permits an exclusion from the gross income of the contributor or the beneficiary of account distributions used to pay educational expenses of the latter. Exempts an account from taxation (except for the tax on unrelated business income of a charitable organization), unless a contributor or the beneficiary engages in specified prohibited transactions in connection with it. Imposes a ten percent surtax on distributions not used for educational purposes. Requires the account trustee to report to the Secretary of the Treasury and to the account's beneficiary concerning the account. Imposes a penalty for failure to report. Allows taxpayers who do not otherwise itemize deductions to deduct for contributions to an education savings account. Imposes penalty taxes in connection with excess contributions or prohibited transactions associated with an account.
United States · United States Congress · 3 January 1989
Establishes the Joint Committee on Intelligence. Declares that such committee has exclusive legislative jurisdiction with respect to any intelligence activity of the Federal Government and authorizations for appropriations for specified agencies and intelligence-related activities. Directs the joint committee to classify its information and records and to establish guidelines for their maintenance, use, and availability. Sets forth procedures for the disclosure of such information. Directs the joint committee to establish and carry out rules and procedures necessary to prevent the unauthorized disclosure of information. Makes conforming amendments to the National Security Act of 1947 and the Rules of the House of Representatives, including abolishing the Permanent Select Committee on Intelligence.
United States · United States Congress · 3 January 1989
Constitutional Amendment - Declares that equality of rights under the law shall not be denied or abridged by the United States or any State on account of sex.
United States · United States Congress · 3 January 1989
Title I: Housing and Urban Development - Makes supplemental FY 1989 appropriations for the following Department of Housing and Urban Development programs for the homeless: (1) assisted housing; (2) emergency shelter grants; (3) supportive housing demonstration projects; and (4) supplemental assistance for facilities to assist the homeless. Makes supplemental FY 1989 appropriations for: (1) the Federal Emergency Management Agency's emergency food and shelter program; and (2) the Department of Veterans Affairs medical care for homeless veterans program. Title II: Health and Human Services - Makes supplemental FY 1989 appropriations for the following Department of Health and Human Services programs for the homeless: (1) health services; (2) community mental health and mental health services demonstration projects; (3) alcohol and drug abuse treatment; and (4) emergency community services block grants.
United States · United States Congress · 20 October 1988
Directs the Consumer Product Safety Commission to revoke the exemption from classification as a banned toy for use by children granted for lawn darts and other similar sharp-pointed toys, unless the Commission finds that such products do not have the potential for causing puncture wound injury.
United States · United States Congress · 12 October 1988
Joint Manufacturing Commodity Credit Corporation Opportunities Act of 1988 - Declares that the conduct of any individual in making or performing a contract to carry out a flexible manufacturing network shall not be deemed illegal per se under the antitrust laws, but rather shall be judged on its reasonableness considering all relevant factors affecting competition. Defines "flexible manufacturing network" (FMN) as any group of activities, including attempting to make, making, or performing a contract, carried out by two or more persons for the purpose of: (1) purchasing raw materials, services, or facilities to jointly manufacture and distribute a product; (2) collecting and sharing information on production costs and manufacturing capacity necessary to prepare a bid to sell a product jointly manufactured by such persons, or information applicable to the marketing of such product; or (3) sharing information on manufacturing and distribution capacity for the purpose of jointly manufacturing and distributing such product. Excludes activites not reasonably required to carry out a flexible manufacturing network. Limits recovery under the Clayton Act to actual damages (for private suits), the total damage sustained (in suits by States), interest calculated at a specified rate, and costs, including a reasonable attorney's fee, if such claim results from conduct that is within the scope of a notification that has been filed under this Act for an FMN and is filed after such notification becomes effective. Specifies that interest shall be awarded on the damages involved for the period between the date of injury and the date of judgment, unless the court finds that such award is unjust under the circumstances. Limits recovery under this Act if the challenged conduct of a person defending against a claim is not in violation of any decree or order entered or issued after the effective date of this Act. Provides for the award of costs and attorney's fees. Establishes procedures for the filing of a notice with the Attorney General and the Federal Trade Commission of a written agreement to carry out an FMN disclosing: (1) the identities of the parties; and (2) the nature and objectives of such FMN. Exempts specified information from disclosure. Provides for: (1) publication of such notice in the Federal register; (2) withdrawal of notice; and (3) judicial review of any action by the Attorney General or the Commission with respect to notification filed under this Act. Restricts the admissibility of information disclosed or published under this Act.
United States · United States Congress · 5 October 1988
Clean Air Act Amendments of 1988 - Title I: Ozone and Carbon Monoxide Nonattainment Areas - Subtitle A: General Provisions - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA) to promulgate rules, within 18 months of this Act's enactment, for enhanced State monitoring of ozone, nitrogen oxides, volatile organic compounds, and carbon monoxide. Authorizes States to request the Administrator to redesignate a nonattainment area for an air pollutant for which a national ambient air quality standard is applicable as having attained the standard for such pollutant if the area meets such standard, the State implementation plan is revised to provide for the maintenance of such standard, and contingency provisions of such plan assure prompt correction of violations of the standard. Requires the Administrator to promulgate minimum criteria for the consideration of State implementation plan revisions. Revises ozone and carbon monoxide nonattainment areas which are classified as Serious or Severe Areas and are located within Metropolitan Statistical Areas (MSA) or Consolidated Metropolitan Statistical Areas (CMSA) to include the entire MSA or CMSA. Authorizes the Administrator to modify nonattainment areas classified as Moderate Class I or Moderate Class II areas to encompass the entire MSA or CMSA if such modification is necessary to attain the air quality standard for ozone or carbon monoxide. Subtitle B: Provisions Relating Primarily to Ozone Air Pollution - Classifies an ozone nonattainment area as a Moderate Class I, Moderate Class II, Serious Area, or Severe Area depending on the extent to which the area deviates from the ozone air quality standard. Sets forth air quality attainment dates for each classification. Authorizes the Administrator to: (1) make no more than two one-year extensions of attainment dates for Moderate Class II or Serious Areas; and (2) reclassify Moderate or Serious Areas as Severe if they cannot meet the ozone standard before December 31, 1997. Sets forth special rules for determining the attainment dates of reclassified areas. Requires each State to submit to the Administrator an emissions inventory of nitrogen oxides and volatile organic compounds from all sources in ozone nonattainment areas. Requires stationary sources within such areas to provide the State with such emissions information. Directs the Administrator to complete development of a Regional Oxidant Model and an urban scale photochemical grid model upon which State plan revisions for ozone nonattainment areas shall be based. Charges major stationary sources with modeling and inventory costs. Requires that State implementation plans for ozone nonattainment areas be revised to contain measures necessary for attaining the ozone standard by the applicable date, including enforceable interim schedules of compliance, contingency provisions to deal with the failure of areas to meet such schedules, and new source review provisions. Sets forth federally prescribed measures for ozone nonattainment areas, including limitations, applicable to all such areas, on increased emissions of nitrogen oxides or volatile organic compounds resulting from the construction or modification of stationary sources. Requires enhanced vehicular inspection and maintenance programs and the application of reasonably available control technology to stationary sources in Moderate Class II, Serious, and Severe ozone nonattainment areas. Requires the use of fill nozzles to recover gasoline vapors escaping when vehicle gas tanks are being filled, increases in the use of vehicles emitting low levels of nitrogen oxides or volatile organic compounds, and the enhancement of emissions monitoring programs in Serious and Severe Areas. Requires transportation control measures, specified reductions in volatile organic compounds emitted from stationary sources that are not in compliance with emission limitations, and the imposition of civil penalties against the owners or operators of stationary sources that do not attain such reductions in Severe Areas. Sets forth enforcement provisions. Authorizes the imposition of specified sanctions for violations of this subtitle's requirements or provisions of State implementation plans. Directs the Administrator to upgrade the classification of a Moderate Class I, Moderate Class II, or Serious ozone nonattainment area which fails to attain the air quality standard by the applicable date. Requires States to submit plan revisions for such areas. Imposes restrictions on the construction and modification of stationary sources in Severe Areas which fail to meet such standard by the applicable date. Requires the Administrator to: (1) issue and periodically revise control technology guidelines for stationary sources of nitrogen oxides and volatile organic compounds; (2) identify alternative controls for all categories of such stationary sources; and (3) provide States with guidance in evaluating the relative cost-effectiveness of various options for controlling emissions from stationary sources of air pollutants contributing to the nonattainment of ozone or carbon monoxide standards. Directs the Administrator to establish interstate ozone transport regions when there is reason to believe that ozone in one or more States contributes significantly to ozone in another State. Requires the Administrator to create an ozone transport commission for each region to identify the sources of air pollution in the region which should be required to apply reasonably available control technology to reduce ozone pollution elsewhere in the region. Requires the revision of State implementation plans to satisfy commission recommendations which have the Administrator's approval. Authorizes a State to petition the Administrator to require out-of-State sources to install reasonably available control technology upon a finding that such sources contribute to the State's nonattainment of air quality standards. Requires each State in which is located a portion of a multi-State nonattainment area to coordinate the revision and implementation of State implementation plans applicable to the nonattainment area. Allows such a State to escape sanctions upon a showing that it is other States in which such area is located that have violated this subtitle's provisions or caused nonattainment by the applicable date. Subtitle C: Provisions Relating Primarily to Carbon Monoxide Air Pollution - Classifies a carbon monoxide nonattainment area as a Moderate Class I, Moderate Class II, or Severe Area depending on the extent the area deviates from the carbon monoxide air quality standard. Sets forth air quality attainment dates for each classification. Authorizes the Administrator to: (1) make no more than one one-year extension of the attainment date for a Moderate Class II Area; and (2) reclassify a Moderate Class II Area as a Severe Area if it cannot meet the carbon monoxide standard before December 31, 1995. Sets forth special rules for determining the attainment dates of reclassified areas. Requires each State in which is located a portion of a multi-State carbon monoxide nonattainment area to coordinate revisions and implementation of State implementation plans applicable to the nonattainment area. Allows such a State to escape sanctions upon a showing that it is other States in which such area is located that have violated this subtitle's provisions or caused nonattainment by the applicable date. Requires that State implementation plans for carbon monoxide nonattainment areas be revised to contain measures necessary for attaining the carbon monoxide standard by the applicable date, including enforceable interim schedules of compliance, a forecast of the vehicle miles to be traveled in the nonattainment area for each year prior to the attainment date, and contingency provisions if the estimate of vehicle miles traveled exceeds the forecast mileage or the area fails to meet the air quality standard by the applicable date. Sets forth federally prescribed measures for carbon monoxide nonattainment areas, including vehicular inspection and maintenance programs in Moderate Class II Areas and enhanced vehicular inspection and maintenance programs, increases in the use of vehicles emitting low levels of carbon monoxide or having dual fuel capability, transportation control measures, and enhanced emissions monitoring programs in Severe Areas. Sets forth enforcement provisions. Authorizes the imposition of specified sanctions for violations of this subtitle's requirements or provisions of State implementation plans. Directs the Administrator to upgrade the classification of a Moderate Class I or Moderate Class II carbon monoxide nonattainment area which fails to attain the air quality standard by the applicable date. Requires States to submit plan revisions for such areas. Mandates annual three percent carbon monoxide emissions reductions in Severe Areas which fail to meet such standard by the applicable date. Title II: Provisions Relating to Mobile Sources - Sets standards for emissions of nonmethane hydrocarbons and nitrogen oxides from passenger cars and light duty trucks manufactured after model year 1992. Requires carbon monoxide emissions testing of passenger cars and light duty trucks manufactured after model year 1992 at 40 degrees Fahrenheit. Sets emission standards at such temperature. Adds an idle test to the Federal Test Procedure for emissions from light duty vehicles. Continues the application of model year 1992 standards for emissions of nonmethane hydrocarbons and nitrogen oxides from passenger cars and light duty trucks through model year 1997 when conducting in-use emissions testing. Directs the Administrator to complete and publish the results of a study by January 1, 1992, regarding the practicality of applying the new standards for nonmethane hydrocarbons and nitrogen oxides to vehicles in actual use during their useful life. Authorizes the Administrator to promulgate rules, within two years after such study, relating to in-use complance with emission standards. Directs the Administrator to: (1) review, revise, and republish, within 9 months of this Act's enactment, the guidance for State motor vehicle inspection and maintenance programs to reduce emissions of volatile organic compounds, nitrogen oxides, and carbon monoxide in ozone and carbon monoxide nonattainment areas; and (2) determine, within two years of this Act's enactment, whether a nationwide program of motor vehicle inspection and maintenance for heavy-duty trucks and buses would be an effective ozone or carbon monoxide control measure. Expands the scope of the prohibition on tampering with vehicle emission control devices or design elements. Authorizes the Administrator to consider information collected under a State vehicle emission control inspection and maintenance program in determining the compliance of vehicles in use with emissions standards. Requires the Administrator to establish at least one high altitude testing center to determine the compliance of vehicles with emission standards when in actual use throughout their useful life. Directs the Administrator to promulgate standards for emissions of carbon monoxide, nitrogen oxides, and volatile organic compounds from non-road engines which are significant contributors to ozone or carbon monoxide concentrations in more than one ozone or carbon monoxide nonattainment area. Provides for the enforcement of such standards. Requires the Administrator to review and, if necessary, revise aircraft emissions standards. Requires the Administrator to promulgate standards requiring the use of hydrocarbon control technology on light duty vehicles if such technology is determined to be feasible and desirable. Provides that, if such standards are not applied to all light duty vehicles, States in which there is an ozone nonattainment area must require the use of a fill nozzle to collect hydrocarbon vapors and prevent spillage. Imposes fees upon vehicle manufacturers for vapor recovery controls. Directs the Administrator to promulgate regulations to reduce evaporative emissions from gasoline by establishing standards for gasoline volatility. Prohibits the sale of leaded gasoline for vehicles on streets or highways after 1990. Permits a two-year extension of such prohibition if such prohibition reduces the availability of leaded gasoline for farm vehicles and alternatives to leaded gasoline for use in farm vehicles are unavailable. Requires the Administrator to promulgate a rule requiring a reduction in the sulfur content of motor vehicle diesel fuel. Directs the Administrator to provide guidance to States in which there are located ozone or carbon monoxide nonattainment areas on the use of vehicles having low emissions of nitrogen oxides, volatile organic compounds, or carbon monoxide. Requires the Administrater to determine whether and to what extent required increases in the use of low emission vehicles in ozone and carbon monoxide nonattainment areas can be extended to fleets of heavy-duty vehicles. Directs the Secretary of Transportation to promulgate standards, within two years of this Act's enactment, applicable to on-board natural gas storage cylinders. Requires that, of the vehicles obtained for a Federal Government fleet of passenger cars and light-duty trucks, 30 percent of such vehciles obtained in 1994, 50 percent of such vehicles obtained during 1995 and 1996, and 90 percent of such vehicles obtained thereafter be alternative fuel vehicles. Requires Federal facilities supplying such vehicles with alcohol or natural gas to offer such fuel for sale to the public. Requires that other Federal gasoline powered vehicles which are not dual energy vehicles and are operated in Severe carbon monoxide nonattainment Areas be supplied with fuel that binds oxygenates with gasoline after March 31, 1989. Directs the Administrator to conduct a study and report to the Congress by October 1, 1991, on the air pollutant emissions, air quality impact, and human health risks associated with the storage, distribution, and use of significant amounts of alcohols or natural gas as transportation fuels as compared to diesel and gasoline fuels. Authorizes appropriations for such study for FY 1990. Authorizes appropriations for FY 1993 through 1996 for the extra costs of acquiring low-emission vehicles for Federal fleets. Requires that all buses ordered after 1989 for a Federal bus fleet operating in an ozone or carbon monoxide nonattainment area and having a central refueling station available to it be low emittors of nitrogen oxides, volatile organic chemicals, or carbon monoxide. Directs the Administrator to provide States with guidance on the use of transportation control measures. Title III: Other Provisions - Includes movable stationary sources within the term "stationary source" if such source emits pollutants from equipment or processes other than its means of propulsion. Directs the Administrator to conduct a study of emissions of volatile organic compounds into the air from various substances, products, or activities to: (1) determine their potential to contribute to ozone levels; and (2) establish criteria for selecting substances, products, and activities to be regulated. Authorizes the Administrator to regulate such substances, products, and activities or issue control technology guidance if such guidance will be substantially as effective as regulations in reducing emissions of volatile organic compounds. Requires specified reductions in emissions of volatile organic compounds from commercial and consumer solvents, architectural coatings, traffic coatings, and aerospace coatings. Directs the Administrator to publish guidelines, within one year of this Act's enactment, for the improved enforcement of requirements applicable to the control of nitrogen oxides, volatile organic compounds, and carbon monoxide. Sets forth air pollution control penalty and and enforcement provisions. Requires the Administrator to: (1) periodically review and, if necessary, revise the methods used to determine the quantity of emissions of carbon monoxide, volatile organic compounds, and nitrogen oxides from pollutant sources; and (2) establish methods to determine the quantity of such emissions from sources for which methods have not yet been established. Directs the Administrator to: (1) conduct a study and report to the Congress within three years of this Act's enactment on whether the methodology used by the EPA for establishing a design value for ozone provides a reasonable indicator of the ozone air quality of ozone nonattainment areas; (2) conduct a study and report to the Congress, within two years of this Act's enactment, on the role of nitrogen oxide emission reductions in reductions of ozone levels at different peak ozone concentrations and volatile organic compound-to-nitrogen oxide ratios; and (3) jointly fund, with the motor vehicle manufacturing industry, research into alternative fuels and new engine designs which are more fuel efficient and less polluting. Requires the Administrator to make information regarding emission control technology available to States and the public through a central database. Authorizes appropriations for the implementation of this Act.
United States · United States Congress · 4 October 1988
Expresses the sense of the Congress that: (1) the Amateur Basketball Association United States of America and the U.S. Olympic Committee should promote the adoption of rules that would make all basketball players eligible to compete in the Olympic games; and (2) the U.S. Olympic Committee should promote the elimination of the distinction between amateur and professional athletes in all sports for purposes of eligibility to compete in the Olympic games.
United States · United States Congress · 29 September 1988
Fair Employment Practices Resolution - Requires that personnel actions affecting employment positions in the House of Representatives be made free from discrimination based on race, color, national origin, religion, sex (including marital and parental status), handicap, or age. Provides that interpretations under such requirement shall reflect the principles of current law as generally applicable to employment. Provides that such requirement does not prohibit the taking into consideration of: (1) the domicile of an individual with respect to a position under the clerk-hire allowance; or (2) the political affiliation of an individual with respect to a position under the clerk-hire allowance or a position on a committee staff. Sets forth a three-step procedure for consideration of alleged violations under this Act: (1) counseling and mediation; (2) formal complaint, hearing, and review by the Office of Fair Employment Practices; and (3) final review by the Review Panel. Establishes the Office of Fair Employment Practices. Sets forth the membership of the Review Panel. Provides for resolution by written agreement if, after a formal complaint is filed, the parties resolve the issues. Makes such agreements effective if approved by the Office or the Panel, whichever has the matter under review. Sets forth remedies which the Office or Panel may order. Provides for reimbursement of costs of attending hearings for individuals with respect to whom a hearing is held and who reside outside the District of Columbia. Sets forth a prohibition of intimidation. Provides for closed hearings and confidentiality. Makes the procedures and remedies under this resolution exclusive, except to the extent that specified House rules provide for additional procedures and remedies.
United States · United States Congress · 28 September 1988
Foreign Ownership Disclosure Act of 1988 - Requires any foreign person who holds or acquires a significant interest in a United States property or a controlling interest in a U.S. business enterprise to register such interest with the Secretary of Commerce. Specifies the information required to be contained in such registration. Requires that any changes in such information be disclosed in an amended registration within a limited period of time. Sets forth penalties for the failure to comply with such registration requirements. Defines a "significant interest" in U.S. property as more than five percent of the total equity or ownership interests in assets or real property having a market value or gross sales in excess of specified amounts. Defines a "controlling interest" in a U.S. business enterprise as more than 25 percent of the total equity or ownership interests in a business enterprise having assets or gross sales in excess of specified amounts. Directs the Secretary to submit an annual report to the President and the Congress, concerning: (1) the extent and effects of foreign investment in the United States; and (2) the effectiveness and efficiency of the registration and reporting requirements of this Act. Directs the Secretary to compile a registry of foreign investments in the United States. Limits access to the information in such registry.
United States · United States Congress · 11 August 1988
Competition in Government Spare Parts Procurement Act - Amends Federal armed forces provisions to require a solicitation for sealed bids or competitive proposals to include, in the case of procurement of spare or repair parts (other than for small purchases), a copy of all technical data that is: (1) necessary in order to provide the part the supply of which is being solicited; and (2) owned by the United States or which the United States has the right to use, release, or disclose. Amends the Federal Property and Administrative Services Act of 1949 to establish the same requirement for nondefense procurement. Provides additional authority to the Secretary of Defense to waive the payment of costs for the release of technical data under the Freedom of Information Act. Authorizes such waiver if any citizen or U.S. corporation requests such data in order to enable any offer to provide the product to which the technical data relate, or to determine whether to request service approval to qualify to make an offer. Authorizes the Secretary to require the citizen or corporation to pay a refundable deposit to cover the cost of complying with the request. Establishes similar authorities for nondefense procurement. Directs the Secretary to require by regulation that the head of an agency, in preparing a solicitation for a property procurement contract, identify those spare or repair parts for which future procurements exceeding a total amount of $10,000 over the life of the property procured are likely to be needed. Directs the Secretary to require that any contract awarded pursuant to such solicitation provide that the United States have the right to use (or have used) all technical data related to any such part in any future procurement of such part. States that such technical data rights do not apply to contracts awarded to small business concerns. Amends the Office of Federal Procurement Policy Act to establish the same technical data rights for nondefense reprocurements. Directs the Secretary of Defense to prescribe regulations which require the purchase from contractors of production special tooling and production special test equipment acquired or fabricated in the performance of contracts for the purpose of fabricating or testing the spare or repair part for which future procurements are likely to exceed $10,000. Amends the Federal Property and Administrative Services Act of 1949 to establish similar requirements. Requires the solicitation of bids or proposals separately in the case of a defense and nondefense procurement of an individual spare or repair part in which the contract amount will exceed $100,000. Amends the Office of Federal Procurement Policy Act to require the advocate for competition of an executive agency to establish a program of training and education assistance for staff specialists in engineering, technical operations, contract administration, financial management, supply management, and utilization of small business concerns. Requires the program to emphasize improving the skills of such staff in the areas of engineering and manufacturing. Repeals the three-year time limit during which the Secretary of Defense may challenge a use or release restriction asserted with respect to technical data by a contractor or subcontractor. Declares that nothing precludes the Secretary from using or releasing technical data when a contracting officer has upheld the validity of a challenge (even pending appeal) to a contractor's asserted use or release restriction. Provides a civil remedy for the owner of technical data that are used or disclosed by the United States, by a contractor or subcontractor, or any person, firm, or corporation acting for the Government. Amends the Regulatory Flexibility Act to repeal provisions which bar judicial review of regulatory flexibility analyses. Amends the Small Business Act and the Office of Federal Procurement Policy Act to require executive agencies to furnish the Secretary of Commerce for publication a notice of solicitation for bids or proposals for a contract for property or services expected to exceed $10,000 (currently, $25,000). Requires additional information to be included in such notice with respect to the machining operations necessary to produce the item. Declares that the date on which a notice is published by the Secretary is the date of actual publication of such notice, and an executive agency may not presume notice is published merely by the passage of a certain period of time. Requires any determination that is unreasonable to specify standards to satisfy a qualification requirement documenting such unreasonableness with a cost comparison. Prohibits the Secretary of Defense or the Secretary of the military department concerned from requiring a spare or repair part to meet any standard that is more stringent than a standard for an identical part approved by the Government for commercial use, unless the Secretary specifies in writing the additional standard and the justification for it.