United States · United States Congress · 17 November 1989
Florida Keys National Marine Sanctuary Act of 1989 - Designates a specified area in Florida as the Florida Keys National Marine Sanctuary. Prohibits, with specified exceptions, the operation of vessels carrying cargo or servicing offshore installations in the Sanctuary. Sets forth civil penalties for violations. Directs the Secretary of Transportation to submit a proposal to the International Maritime Organization to designate the Sanctuary as an area to be avoided.
United States · United States Congress · 17 November 1989
Freedom of Choice Act of 1989 - Provides that a State may not restrict the right of a woman to choose to terminate a pregnancy: (1) before fetal viability; or (2) at any time, if such termination is necessary to protect the life or health of the woman. Allows a State to impose requirements medically necessary to protect the life or health of such women.
United States · United States Congress · 2 November 1989
Declares that it is the policy of the United States to recognize Brazil's sovereign authority in the Amazon and that the United States should adopt a policy to encourage and support conservation efforts initiated by Brazil to protect the Amazon forest. Declares that the United States should redouble its efforts to address development within its own borders in an environmentally sound and sustainable manner.
United States · United States Congress · 31 October 1989
Amends Federal law to require the Secretary of the Treasury to make timely payments of benefits under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act despite the public debt limit.
United States · United States Congress · 23 October 1989
Social Security Solvency Protection Act of 1989 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to require that when legislation increases OASDI benefits in excess of a specified amount there be a corresponding increase in social security taxes and when legislation decreases such taxes in excess of a specified amount there be a corresponding decrease in OASDI benefits. Requires an affirmative vote of three-fifths of the members of the Senate before legislation breaching such requirements may be considered. Requires the Board of Trustees of the OASDI trust funds to annually report to the Congress on the actuarial balance of such funds.
United States · United States Congress · 19 October 1989
Declares it is in the interests of the United States to support efforts to protect South Pacific marine resources (including albacore tuna, porpoises, whales, seals and other marine mammals, birds, sea turtles, and fish) from the slaughter of driftnet fishing. Supports the Tarawa Declaration and the South Pacific Commission resolution calling for an immediate ban on driftnet fishing in the South Pacific. Urges the Secretary of State to work toward an international convention banning driftnet fishing in the South Pacific. Urges Japan and Taiwan to immediately cease the use of driftnets in international South Pacific waters.
United States · United States Congress · 13 October 1989
Federal Agency Debt Management Act - Amends Federal law regarding the public debt to prohibit any Federal agency or instrumentality established after December 31, 1988, from incurring any financial obligation other than authorized borrowings from the Treasury. Applies such limitations as of December 1, 1988, to any refinancing obligations incurred by such entities.
United States · United States Congress · 3 October 1989
Denounces the action taken on October 2, 1989, by the European Community (EC) Council of Ministers in adopting a broadcasting directive that is trade restrictive and in violation of the General Agreement on Tariffs and Trade (GATT). Urges the President and the United States Trade Representative (USTR) to take appropriate steps, including possible action under the Trade Act of 1974, to protect and maintain U.S. access to the EC broadcasting market. Requests the USTR to consult regularly with the Committee on Ways and Means of the House of Representatives on the status of the dispute and any action which it is considering with respect to such dispute.
United States · United States Congress · 3 October 1989
Expresses the sense of the Congress that in determining the allocation of foreign assistance the Department of State should: (1) weigh heavily the persecution, torture, and execution of innocent Somalis by the armed forces of Siad Barre; and (2) insist upon significant improvements in human rights as a precondition to the resumption of foreign assistance to Somalia.
United States · United States Congress · 2 October 1989
Billboard Control Act of 1989 - Revises Federal provisions with respect to restrictions on outdoor advertising adjacent to interstate and Federal-aid primary highways. Specifies that a State shall be treated as failing to provide effective control of the erection and maintenance of outdoor advertising signs, displays, and devices (signs): (1) unless the State submits to the Secretary of Transportation by December 1st of each year an inventory of conforming and non-conforming signs in such State; and (2) if the State allows vegetation located on any land on which the State owns a right-of-way for a highway to be cut to improve the visibility of such signs. Requires the Secretary to submit to the Congress a detailed annual report on the extent to which each State has complied with the requirements of this Act, including a compilation of inventories and a description of the Secretary's efforts to assure that necessary directional information about facilities providing goods and services of interest to the traveling public is available to motorists. Makes exceptions to restrictions under this Act for signs which are lawfully in existence on September 1, 1989, and those located in industrial or commercial areas.
United States · United States Congress · 28 September 1989
Amends the Rail Passenger Service Act to repeal an exemption from specified communicable disease control requirements of the Public Health Service Act for waste disposal from railroads operating in intercity rail passenger service.
United States · United States Congress · 14 September 1989
Steel Trade Liberalization Program Implementation Act - Amends the Steel Import Stabilization Act to declare that the Congress supports the implementation of the steel trade liberalization program. Expresses the sense of the Congress that the United States Trade Representative should conduct negotiations, through the Uruguay Round of negotiations under the General Agreement on Tariffs and Trade and through complementary bilateral arrangements, to seek an international consensus regarding steel trade that provides for: (1) disciplines over trade-distorting government subsidies; (2) the lowering of trade barriers to ensure market access; and (3) enforcement measures to deal with violations of consensus obligations. Requires the President to provide the Congress an annual assessment of progress of such negotiations. Extends the Steel Import Stabilization Act for a three-year period. Authorizes the President, between October 1, 1989, and the concluding of any bilateral steel arrangement, to take necessary actions to ensure an orderly transition to such arrangement. Authorizes the Secretary of Commerce to permit the importation of additional quantities of steel products without regard to any aggregate quantitative import limitation arrangement in effect if: (1) such bilateral arrangement includes a short supply provision; and (2) the Secretary determines that a short supply situation exists in the United States with respect to any steel product subject to such arrangement. Authorizes the filing of petitions requesting the Secretary to determine whether a short supply situation exists. Requires the Secretary to provide an opportunity for comment by interested persons regarding issues raised in such petitions. Requires the International Trade Commission to seek information: (1) from purchasers, as well as domestic producers, of steel products regarding improvements in domestic quality and service that result from industry modernization; and (2) on worker retraining efforts of the steel industry.
United States · United States Congress · 4 August 1989
Catastrophic Coverage Repeal Act of 1989 - Repeals Medicare (title XVIII of the Social Security Act) catastrophic health care coverage provided under the Medicare Catastrophic Coverage Act of 1988. Makes transitional and conforming amendments.
United States · United States Congress · 27 July 1989
Clean Air Act Amendments of 1989 - Title I: Provisions for Attainment and Maintenance of National Ambient Air Quality Standards - Amends the Clean Air Act to authorize the Administrator of the Environmental Protection Agency (EPA), after promulgating a new or revised national ambient air quality standard, to require States to submit air quality implementation plans. Requires State Governors to designate areas within a State as nonattainment, attainment, or unclassifiable, with regard to air quality standards, and to submit such designations to the Administrator. Authorizes the Administrator to modify such designations, as necessary. Designates areas currently required to be listed under the Clean Air Act as nonattainment, attainment, or unclassifiable areas, as specified. Provides for the redesignation of areas, as appropriate. Prohibits the redesignation of any area from nonattainment to unclassifiable. Directs State Governors to submit to the Administrator a list of areas designated or redesignated as carbon monoxide and ozone attainment, nonattainment, and unclassifiable areas. Designates: (1) areas identified (in 52 Federal Register 29383) as Group I areas as particulate matter 10 (PM-10) nonattainment areas; (2) counties containing sites for which air quality monitoring data show a violation of national air quality standards for PM-10 before 1989 as PM-10 nonattainment areas; and (3) areas not meeting either description as PM-10 unclassifiable areas. Authorizes the Administrator to require States to designate areas with respect to the national air quality standard for lead. Permits the Administrator, with respect to attainment or unclassifiable areas, to require States to submit implementation plans that provide for the maintenance of such standards. Makes technical amendments to provisions concerning plan requirements. Sets forth provisions for plan approval and revisions. Requires plans to provide for attainment of national air quality standards in nonattainment areas within three years of this Act's enactment or within five years of a finding of substantial inadequacy. Retains a moratorium on construction or modification of major stationary sources in certain areas until such areas meet applicable requirements concerning permit programs or attainment standards for sulfur oxides. Repeals provisions concerning: (1) extensions of time for plan submissions and attainment dates; (2) requirements concerning parking surcharges and transportation regulations; and (3) suspensions of certain plan requirements. Requires the Administrator to publish a triennial (currently, annual) document which sets forth applicable requirements of the implementation plan for each State. Revises provisions concerning stack heights to require such heights to equal the height prescribed by the Administrator (currently, the height shall not exceed two and a half times the height of the source), unless the owner or operator demonstrates the need for a greater height and such source has met applicable emissions standards. Sets the date of attainment of national air quality standards for a nonattainment area at five years from the date such area was designated. Authorizes the Administrator to extend such attainment date, provided that such extension does not exceed 20 years. Permits up to two one-year extensions to be granted to a single area upon application by a State. Requires States to submit nonattainment plans within three years of the designation of an area. Makes technical amendments to provisions concerning nonattainment plan requirements. Authorizes the issuance of a permit to construct or operate a new source if demonstrated that the benefits of such source significantly outweigh environmental and social costs. Prohibits the use of existing growth allowances in areas which are notified that implementation plans containing such allowances are substantially inadequate. Requires States containing ozone or carbon monoxide nonattainment areas, together with local officials of such areas, to review and update, as necessary, planning procedures for such areas. Authorizes States, in the case of areas included in more than one State, to implement jointly such planning procedures. Provides that maintenance plans required as preconditions to area redesignations shall provide for maintenance of air quality standards for at least ten years after a redesignation petition is submitted to the Administrator. Authorizes the Administrator, whenever it is determined that the interstate transport of air pollutants from one or more States contributes significantly to a violation of an air quality standard in such States, to establish a transport region for such pollutants within such States. Requires the Administrator to establish a transport commission for each such region to: (1) assess the degree of interstate transport of the pollutant or precursors to the pollutant throughout the transport region; (2) assess strategies for mitigating the interstate pollution; and (3) recommend to the Administrator such measures as may be necessary to ensure that State plans meet requirements of this Act. Permits such commissions to request the Administrator to issue a finding that one or more of the States in a transport region have inadequate implementation plans. Applies program cost limitations for interstate air quality agencies to such commissions. Imposes the following sanctions on States which fail to comply with requirements concerning nonattainment areas: (1) a moratorium on the construction or modification of any major stationary source of the relevant pollutants in the nonattainment area, or with respect to ozone, the nonattainment area and the area within 25 miles of the nonattainment area; (2) restrictions on Department of Transportation assistance to such areas; (3) restrictions on the provision of new drinking water service in such areas; or (4) a withholding of all or part of assistance for air pollution planning and control. Requires States which fail to attain air quality standards by the required attainment date to submit plan revisions. Prohibits the construction or modification of any major stationary source of a pollutant in a nonattainment area after 1992 or 42 months after the designation of such area, whichever is later, unless the Administrator has approved a plan submission for such area. Authorizes the Administrator to promulgate a Federal implementation plan if any State fails to make a required submission or such submission is not approved. Classifies ozone nonattainment areas as Marginal, Moderate, Serious, and Severe, based upon the amount by which the air quality standard is exceeded in the area. Authorizes the Administrator to adjust the classification of areas which would be classified in another area if the ozone level were five percent greater or less. Prohibits more than two one-year attainment extensions from being issued for a single nonattainment area. Sets forth the following attainment dates: (1) December 31, 1995, for Marginal and Moderate areas; (2) December 31, 2000, for Serious areas; and (3) December 31, 2010, for Severe areas. Provides for the reclassification of areas which fail to meet required standards. Requires States in which Marginal areas are located to submit to the Administrator a current inventory of actual emissions from all sources. Directs such States to submit plan revisions to require: (1) correction requirements for available control technology; (2) a vehicle inspection and maintenance program; (3) permits for the construction and operation of new or modified stationary sources; (4) triennial inventories; and (5) emissions statements from owners or operators of stationary sources of oxides of nitrogen or volatile organic compounds (VOCs). Waives requirements for the submission of triennial inventories for sources which emit less than 25 tons annually of nitrogen oxides or VOCs if the State provides an emissions inventory for such sources to the Administrator. Requires States in which Moderate areas are located to submit plan revisions which provide for emission reductions, by December 31, 1995, of at least 15 percent from baseline emissions. Prohibits the following measures from being credited to the 15 percent reduction: (1) measures relating to motor vehicle tailpipe or evaporative emissions promulgated by the Administrator; (2) regulations concerning Reid Vapor Pressure promulgated by the Administrator; (3) measures concerning required corrections to implementation plans; and (4) measures concerning motor vehicle inspection and maintenance. Provides that plan revisions shall require: (1) the implementation of reasonably available control technology with respect to all VOC sources covered by a Control Techniques Guideline document and all sources with the potential to emit at least 100 tons annually of VOCs; and (2) owners and operators of gasoline dispensing systems to install and operate systems for gasoline vapor recovery of emissions from the fueling of motor vehicles. Sets forth deadlines for the installation of such systems. Requires States in which Serious areas are located to submit the same plan revisions as those applicable to Moderate areas. Directs such States, by December 31, 1995, to submit revisions to provide for: (1) the attainment of the ozone air quality standard by the applicable attainment date; and (2) certain VOC emissions reductions from the baseline emissions averaged over three-year periods, beginning in 1996. Sets forth provisions concerning creditable emissions reductions. Permits such revisions to provide for combined VOC and nitrogen oxide emissions reductions (in lieu of sole VOC reductions) that would result in reductions equivalent to those required for VOC emissions from the baseline level. Requires such States to revise plans to provide for programs to reduce hydrocarbon emissions from in-use motor vehicles in urbanized nonattainment areas with populations over 200,000. Sets forth minimum requirements for such programs, including waiver and enforcement provisions. Requires States containing certain Serious or Severe areas with populations over 250,000 to submit plan revisions to ensure the implementation of clean-fuel vehicle programs, including measures to make the use of clean alternative fuels economic for owners. Permits the Administrator to approve substitutes for such programs if such substitutes will achieve equivalent reductions of ozone-producing emissions. Requires States with Serious areas in which the levels of vehicle miles traveled or congestion levels exceed levels projected for purposes of the area's demonstration of attainment or progress to submit plan revisions providing for transportation control measures. Requires States in which Severe areas are located to make the same submissions as those applicable to Serious areas and to submit an attainment demonstration by December 31, 2000. Provides that States containing non-self-generating ozone nonattainment areas that do not include or are not adjacent to metropolitan statistical areas (MSA) shall be treated as satisfying the requirements of this Act if they make submissions required for Marginal areas. Permits the Administrator to treat such areas as non-self-generating if found that VOC and nitrogen oxides emissions within such areas do not contribute significantly to ozone concentrations in such areas or other areas. Sets forth requirements for areas reclassified as Moderate. Requires the Administrator to: (1) issue control techniques guidelines for seven categories of stationary sources of VOC emissions for which guidelines have not been issued; and (2) issue a document analyzing alternative control techniques for stationary sources of nitrogen oxides. Directs the Administrator to: (1) report to the Congress on VOC emissions from consumer or commercial products; and (2) promulgate regulations to aid in the attainment of the ozone air quality standard by decreasing emissions from such products. Authorizes such regulations to exempt health use products for which there are no suitable substitutes. Permits the transfer of enforcement authority for such regulations to States with the approval of the Administrator. Requires the Administrator to promulgate standards applicable to air pollutant emissions from loading and unloading of marine tank vessels which may endanger public health or welfare. Directs the Secretary of the department in which the Coast Guard is operating to issue regulations to ensure the safety of the equipment and operations to control such emissions. Prohibits States from adopting any less stringent emissions standards. Requires the Administrator to study and report to the Congress on whether current methodology used to establish a design value for ozone provides a reasonable indicator of the ozone air quality of ozone nonattainment areas. Subjects such study to peer review. Establishes an ozone transport region comprised of coastal States on the east coast between Maine and Maryland and the consolidated metropolitan statistical area (CMSA) including the District of Columbia. Sets a fee of $5,000 per ton of VOC emitted during a calendar year in excess of 80 percent of the baseline amount for major stationary sources in severe ozone nonattainment areas which fail to attain standards by the applicable date. Requires such fee to be adjusted annually. Exempts from such fee areas with populations under 200,000 if demonstrated that attainment is prevented because of ozone transported from other areas. Classifies carbon monoxide nonattainment areas as Moderate or Serious. Authorizes the Administrator to adjust such classifications under conditions parallel to those for ozone nonattainment areas. Sets forth attainment dates of December 31, 1995, and December 31, 2000, for Moderate and Serious areas, respectively. Sets forth provisions for attainment extensions and reclassifications parallel to those for ozone nonattainment areas. Requires States in which Moderate carbon monoxide areas are located to submit to the Administrator a current inventory of actual emissions from all sources. Directs such States to submit plan revisions to require: (1) vehicle inspection and maintenance programs; and (2) triennial inventories. Requires States in which Serious carbon monoxide areas are located to make the same submissions as those required for Moderate areas. Directs such States to submit plan revisions to require: (1) attainment demonstrations; (2) vehicle inspection and maintenance programs; (3) transportation control measures; and (4) the use of oxygenated fuels in CMSA or MSA. Classifies PM 10 nonattainment areas as Moderate or Serious. Sets forth procedures and a timetable for reclassification of such areas. Provides for attainment dates of December 31, 1994, and December 31, 2001, for Moderate and Serious areas, respectively. Sets forth provisions for attainment extensions parallel to those for ozone and carbon monoxide nonattainment areas. Permits additional extensions to be granted to Serious areas, under specified conditions. Limits such extensions to a period of five years. Authorizes the Administrator to waive any requirement or attainment date for a Serious PM-10 area if determined that anthropogenic sources of PM-10 do not contribute significantly to violations of the PM-10 standard in such area. Requires States in which Moderate PM-10 areas are located to submit plans that include a permit program for the construction and operation of new and modified PM-10 sources and a demonstration on whether attainment is practicable by the applicable date. Directs States in which Serious PM-10 areas are located to submit plans that include a demonstration on whether attainment is practicable by the applicable date and the implementation of reasonably available control measures. Sets forth a timetable for the submission of attainment demonstrations. Requires the Administrator to: (1) issue technical guidance on reasonably available control measures for urban fugitive dust and emissions from residential wood combustion and prescribed silvicultural and agricultural burning; and (2) examine other categories of sources contributing to nonattainment of PM-10 and issue any additional guidance. Directs States containing nonattainment areas with respect to air quality standards for sulfur oxides, nitrogen dioxide, or lead to submit implementation plans to the Administrator. Requires such plans to provide for attainment of such standards within five years of the date of designation or, for States without approved plans, within five years of this Act's enactment. Applies requirements of approved plans submitted by Indian tribes to all areas located within a reservation. Authorizes the Administrator to: (1) treat Indian tribes as States under the Clean Air Act, except with respect to a requirement that makes available at least one-half of one percent of annual appropriations to States; and (2) provide such tribes with grant and contract assistance to carry out air pollution control functions. Outlines requirements for such authorization. Authorizes the Administrator to promulgate other means for administering such authorities where such treatment is inappropriate. Revises provisions concerning transportation planning and guidelines to require the Administrator to update the June 1978 Transportation-Air Quality Planning Guidelines. Requires States to submit such reports as the Administrator may require concerning emissions reductions, vehicle miles traveled, congestion levels, and any other information necessary for the Administrator to assess the effectiveness, implementation, or revision of any State plan. Extends the deadlines by which the Administrator must promulgate and revise regulations concerning new source standards of performance. Sets deadlines for the promulgation of regulations for sources for which the Administrator has not proposed regulations. Applies recordkeeping, inspections, monitoring, and entry requirements to persons who manufacture emissions control or process equipment or who may have information relevant to emissions sources. Exempts from interstate pollution abatement requirements States with permit programs approved under title IV of the Clean Air Act. Exempts concentrations of particulate matter attributable to increases in fugitive emissions from surface coal mines for purposes of determining compliance with maximum allowable increases in ambient concentrations of particulate matter. Revises provisions concerning pollutant increments and preconstruction requirements to lower the ceilings on maximum allowable increases in concentrations of sulfur dioxide and particulate matter. Authorizes the Administrator, in the case of pollutants other than sulfur dioxide or particulate matter for which standards are promulgated or revised, to promulgate or revise air quality increments or other regulations to prevent the significant deterioration of air quality which would result from emissions of such pollutants. Permits the Administrator, if the indicator for the particulate matter air quality standard has been changed, to modify the maximum allowable increases in particulate matter specified under this Act. Provides that the Administrator's interpretation of State implementation plans shall, if contested by a State or other party, be given deference by a court if the interpretation concerns compliance with the requirements of the Clean Air Act and is rational. Repeals provisions concerning financial disclosure and conflicts of interest. Authorizes the Administrator to assess the risks to ecosystems from exposure to criteria air pollutants. Makes technical and conforming amendments. Title II: Provisions Relating to Mobile Sources - Directs the Administrator to promulgate regulations requiring the use of clean alternative fuel in new urban buses operated primarily in MSAs with populations over 1,000,000. Establishes a schedule for the phasing-in of such program, to require the use of such fuels by all model year 1994 buses. Limits emissions of particulate matter from such buses. Permits a delay of up to two years for the application of such requirements if the Administrator determines that such delay will advance the technology, improve the benefits, or lower the costs of the urban bus program. Requires the Administrator to establish a program to increase the number of clean-fuel vehicles in the most serious ozone nonattainment areas. Directs the Administrator to promulgate regulations to establish performance standards for such programs, based on the long-term reductions in ozone-producing and toxic air emissions anticipated to result from the use of such fuels. Requires the following amount of clean-fuel vehicles to be produced and sold: (1) 500,000 in model year 1995; (2) 750,000 in model year 1996; and (3) 1,000,000 in model years 1997 through 2004. Authorizes the Administrator to grant credits toward emissions standards compliance to manufacturers who sell clean-fuel vehicles that achieve emissions reductions greater than required or sell more of such vehicles than required. Permits such manufacturers to transfer credits to other manufacturers. Requires at least one clean fuel to be sold at service stations dispensing an average of at least 50,000 gallons per month in clean-fuel vehicle areas. Permits the Administrator, if the sale of such vehicles has created a demand for such fuels outside the areas in which they are sold, to make such fuels available in major nationwide transportation corridors. Requires clean-fuel vehicles to be sold in: (1) certain Serious or Severe ozone nonattainment areas with populations over 250,000; or (2) any other area, at the request of a State Governor and with the approval of the Administrator. Permits State Governors to request the Administrator to increase the number of clean-fuel vehicles to be sold in an area. Requires the Administrator, in developing clean-fuel regulations, to hold at least one public hearing and to consider the environmental, energy, economic, health, national security, and safety implications of such program. Authorizes the Administrator to require manufacturers, distributors, and retailers of motor vehicles or motor vehicle fuels to maintain records, make reports, and provide information regarding such vehicles and fuels. Makes such records, reports, and information available to the public, with the exception of any information considered to be a trade secret. Sets standards for emissions of: (1) hydrocarbons from light duty vehicles (passenger cars) manufactured after 1979 and light duty trucks manufactured after 1993; (2) carbon monoxide from light duty vehicles manufactured after 1980 and light duty trucks manufactured after 1993; and (3) nitrogen oxides from light duty vehicles manufactured after 1980. Applies high altitude regulations requirements to light duty trucks manufactured after 1983. Requires the Administrator to set carbon monoxide emissions standards for light duty vehicles and light duty trucks operated at 20 degrees Fahrenheit. Provides that such standards shall be met by averaging emissions levels established for engine families. Directs the Administrator, no later than December 31, 1993, to complete a study assessing the need for further reductions of carbon monoxide emissions and the maximum reductions achievable from light duty vehicles and light duty trucks manufactured after 1997 when operated at 20 degrees Fahrenheit. Authorizes the Administrator to promulgate further cold temperature regulations for carbon monoxide emissions from such vehicles and heavy duty vehicles. Permits the Administrator to promulgate regulations for evaporative emissions of hydrocarbons from gasoline-fueled motor vehicles during operation and over two or more days of nonuse, under ozone-prone summertime conditions. Requires the Administrator to study the need for and feasibility of controlling emissions of unregulated toxic air pollutants associated with motor vehicles and motor vehicle fuels. Allows the Administrator to promulgate regulations requiring: (1) manufacturers to install emissions malfunction diagnostic systems on all new motor vehicles and engines; and (2) States with implementation plans to revise such plans to provide for inspection of such systems. Revises provisions concerning the promulgation of regulations for heavy duty vehicles. Requires the Administrator to study the practice of rebuilding heavy duty engines and the impact of such rebuilding on engine emissions. Authorizes the Administrator to prescribe requirements to control rebuilding practices. Permits the Administrator to set emissions standards for nonroad engines and vehicles. Prohibits the use of emissions control systems in such engines or vehicles if the operation of such systems will cause or contribute to an unreasonable risk to public health or safety. Requires the Administrator to add test procedures to vehicle certification regulations to determine whether light duty vehicles and light duty trucks manufactured after 1992 will pass inspection methods under conditions likely to be encountered in inspection and maintenance programs. Prohibits the Administrator from granting a certificate to any vehicle or engine not passing the test. Directs the Administrator, to the maximum extent feasible, to prescribe regulations permitting manufacturers to comply with emissions standards through averaging of emissions of vehicle or engine families within a manufacturer's fleet. Requires the Administrator to apply specified standards to nonconforming emissions of: (1) hydrocarbons from light duty vehicles or engines manufactured after 1992; and (2) hydrocarbons and carbon monoxide from light duty trucks manufactured after 1993. Permits the Administrator to require a manufacturer to: (1) audit the effectiveness of repairs made to remedy such nonconformities; and (2) procure or test in-use vehicles to determine whether a notice of nonconformity or failure should be issued. Authorizes the Administrator to promulgate regulations establishing fees to recover all costs to the U.S. Government associated with vehicle or engine certification and compliance monitoring and testing and vehicle fuel economy programs under the Motor Vehicle Information and Cost Savings Act. Provides for the deposit of such fees in a special U.S. Treasury fund. Authorizes representatives of the Administrator to enter any manufacturer's establishment, at reasonable times, for purposes of inspecting or observing any activity associated with motor vehicle manufacturing or testing. Requires the Administrator to promulgate regulations to: (1) make it unlawful for any person to introduce into commerce gasoline whose Reid Vapor Pressure exceeds nine pounds per square inch; and (2) establish more stringent Reid Vapor Pressure standards to achieve comparable evaporative emissions. Provides that such regulations shall take effect no later than the high ozone season for 1992. Permits gasoline containing between nine and ten percent ethanol (by volume) to exceed the applicable Reid Vapor Pressure by up to one pound per square inch. Makes it unlawful, effective October 1, 1993, to introduce into commerce motor vehicle diesel fuel which contains sulfur in excess of .05 percent (by weight) or which fails to meet a cetane index minimum of 40. Permits the Administrator to require manufacturers and importers of diesel fuel not used in motor vehicles to dye such fuel to segregate it from motor vehicle diesel fuel. Sets a sulfur content limit for diesel used in model years 1991 through 1993 heavy duty vehicles and engines. Authorizes the Administrator to control the introduction into commerce of any fuel for nonroad engines or vehicles. Makes it unlawful for manufacturers of fuels or fuel additives to introduce into commerce, or increase the concentration in use of, any fuel or fuel additive for use in motor vehicles manufactured after 1974 which is not substantially similar to a fuel or additive utilized in the certification of any subsequent model year vehicle or engine. Requires the Administrator to promulgate regulations that allow manufacturers or fuel refiners to control emissions from motor vehicles and fuels by means different than required vapor recovery measures as long as the alternative measures achieve equivalent reductions over the same time period. Requires such regulations to establish performance standards for motor vehicles and fuels marketed in certain Serious or Severe ozone nonattainment areas with populations of at least 250,000. Permits averaging of such reductions if such averaging achieves reductions equivalent to those achieved by compliance with performance standards. Prohibits the manufacture or sale of any part which bypasses or renders inoperative any device installed on motor vehicles or engines in compliance with this title. Increases penalties for certain violations of the Clean Air Act. Authorizes the Administrator to commence a civil action to recover such penalties, subject to certain limitations. Sets forth judicial review and collection provisions, including requirements for the imposition of nonpayment penalties. Expands the scope and increases the amount of penalties for fuel regulations violations. Prohibits the introduction of leaded gasoline into any motor vehicle manufactured after 1989 which is designed solely for the use of unleaded gasoline. Repeals specified provisions concerning: (1) a study concerning aircraft emissions; (2) reporting requirements; (3) waivers of emissions standards; (4) propulsion and emissions control systems; and (4) exemptions from emissions control systems modifications. Title III: Hazardous Air Pollutants - Establishes a list of hazardous air pollutants. Provides for additions to or deletions from such list, based upon the degree to which a pollutant is known to cause cancer or any other chronic or adverse health effects in humans. Permits any person to petition the Administrator for modifications to such list. Requires the Administrator to list and establish emissions standards for all categories of major and area sources of such pollutants. Authorizes the Administrator to set emissions standards for radionuclides from such sources separately from regulating such pollutants. Requires such standards to be no less stringent than standards achieved by the best controlled similar source. Directs the Administrator to review and revise such standards, as necessary. Establishes a timetable for the promulgation of such standards, requiring standards for all categories within ten years of this Act's enactment. Requires compliance by existing sources within three years of the promulgation of such standards. Directs the Administrator, within seven years of the promulgation of such standards, to evaluate the risks remaining to public health after the promulgation of such standards. Requires the Administrator, if the application of such standards presents an unreasonable risk, to promulgate standards to protect adequately against such risk. Authorizes States with approved programs to issue permits providing for alternative emissions limitations from major sources or extensions of compliance dates for certain existing sources. Requires such limitations to be approved by the Administrator. Permits the Administrator to grant compliance extensions to sources in States without approved programs. Prohibits: (1) the construction of any new major source subject to standards under this title unless the Administrator or a State with an approved program determines that such source complies with such standards; and (2) the operation of any source subject to such standards, except in compliance with such standards. Requires the Administrator to establish and maintain an air toxics clearinghouse and centers to provide technical information and assistance to State and local agencies. Authorizes the Administrator to conduct research on methods for preventing, measuring, and controlling emissions and evaluating associated health and ecological risks. Permits the President to exempt any source from standards for up to two years if it is in U.S. national security interests to do so. Authorizes additional two-year extensions of such exemptions. Requires the President to report to the Congress on each exemption or extension. Authorizes appropriations. Directs the Administrator to study and report to the Congress on the anticipated health hazards resulting from pollutant emissions by electric utility steam generating units after imposition of this Act's requirements. Requires the Administrator to describe alternative control strategies for emissions warranting regulation under this Act. Title IV: Permits - Makes it unlawful to violate any permit requirement or to operate a source subject to standards under the Clean Air Act, except in compliance with a permit. Authorizes the Administrator to exempt sources from permit requirements if consistent with the purposes of this Act. Directs the Administrator to promulgate regulations establishing the minimum elements of a permit program to be administered by any air pollution control agency. Requires such program to include requirements for: (1) permit applications; (2) monitoring and reporting; (3) permit fees of at least $25 per ton of each regulated pollutant to be increased in accordance with the Consumer Price Index; (4) adequate personnel and funding; (5) certain authorities for the permitting authority; and (6) adequate procedures for public notice and comment on permit applications. Authorizes the Administrator to collect fees from any source if determined that the permitting authority is not adequately administering or enforcing a permit program. Requires sources that fail to pay fees to the Administrator to pay penalties of 50 percent of the fee amount plus interest. Requires such fees to be used to support the air pollution control program of a State or interstate agency. Directs State Governors to submit: (1) permit programs to the Administrator within three years of this Act's enactment; and (2) legal opinions from the attorney general that the laws of the State, locality, or interstate compact provide adequate authority to carry out such program. Sets forth approval and modification procedures for such programs. Authorizes the submission and approval of partial permit programs which meet certain minimum requirements. Provides that approval of a partial program shall not relieve a State of its obligation to submit a complete program. Sets forth interim approval, administration, and enforcement procedures. Requires owners or operators of regulated sources to submit compliance plans with permit applications and to periodically certify that such facilities are in compliance with this Act's requirements. Makes permit applications, compliance plans, monitoring reports, certifications, and permits available to the public. Requires permits to include emissions limitations and standards, schedules of compliance, and such other conditions as are necessary to assure compliance with applicable requirements. Authorizes the Administrator to prescribe procedures for determining compliance and for monitoring and analysis of pollutants regulated under this Act. Requires permits to set forth inspection, entry, monitoring, compliance certification, and reporting requirements. Authorizes permitting authorities to issue: (1) general permits covering numerous similar sources; or (2) single permits authorizing emissions from similar operations at multiple temporary locations. Requires owners or operators of temporary sources to notify the permitting authority in advance of any change in location of such sources. Authorizes the permitting authority to require separate fees for operations at each location. Allows the reissuance or modification of permits which provide for less stringent emissions limitations or other requirements under certain conditions. Requires permitting authorities to: (1) submit to the Administrator any application for alternative emissions limitations or permit modifications; and (2) notify all States contiguous to the State in which the emissions originate of each permit application and provide an opportunity for such States to submit recommendations regarding such permit. Sets forth provisions concerning: (1) issuance or denial of permits; (2) waivers of notification requirements; and (3) notifications to States regarding termination, modification, revocation, or reissuance of permits. Title V: Acid Deposition Control - Declares that the purpose of this title is to achieve nationwide reductions in annual emissions of: (1) sulfur dioxides of approximately 10,000,000 tons from 1980 emissions levels (in two phases); and (2) nitrogen oxides of 2,000,000 tons relative to levels in 2000. Directs the Administrator to transfer annual allowances to owners or operators of affected sources in amounts equal to the annual tonnage emissions limitations under this Act. Continues the allocation of such allowances to an owner or operator if an existing affected unit is removed from commercial operation. Permits the transfer of such allowances between owners or operators, subject to certain limitations. Requires the Administrator to promulgate regulations to establish an allowance system which shall provide for unused allowances to be carried forward and added to allowances for subsequent years. Provides for the trading of sulfur dioxide and nitrogen oxide allowances, including the crediting of nitrogen oxide reductions in phase I against those required in phase II. Subjects trades in nonattainment areas to the approval of the Administrator. Requires owners or operators of new units to hold allowances equal to the annual tonnage of sulfur dioxide emitted by such units after December 31, 2000. Makes such units ineligible for allocations of sulfur dioxide allowances. Permits such units to obtain allowances from any unit allocated allowances under this title. Makes it unlawful to hold or transfer any allowance, except in accordance with regulations issued by the Administrator. Lists affected sources and units and their sulfur dioxide allowances. Provides that existing steam-electric units with nameplate capacities of 100 MWe or greater that emit sulfur dioxide at a specified annual rate between this Act's enactment date and 2001 shall be considered to be affected units. Sets emissions limitations for such sources. Authorizes owners or operators of affected units to submit proposals to the Administrator to reassign sulfur dioxide emissions requirements to any other unit under their control. Sets forth approval procedures for such proposals. Provides that existing steam-electric units with nameplate capacities of 75 MWe or greater and with specified 1985 emissions rates shall be affected units for purposes of this Act after December 31, 2000. Subjects such units to specified emissions limitations after such date. Prohibits existing steam-electric units, after December 31, 2000, from exceeding annual emissions rate requirements equal to actual 1985 emissions rates. Requires nitrogen oxide emissions rate requirements to be met in the second phase by coal-fired steam-electric units with nameplate capacities of 75 MWe or greater. Sets nitrogen oxide emissions limitations for such units after December 31, 2000. Requires this title to be implemented by permits that prohibit exceedances of sulfur dioxide and nitrogen oxide emissions rates, limitations, or allowances or contravention of any permit provisions. Requires permits to be accompanied by compliance plans. Authorizes the Administrator to require: (1) a demonstration of attainment of national air quality standards for sources; and (2) an integrated compliance plan from owners or operators of two or more sources. Directs the Administrator to issue permits to listed affected sources. Sets forth permit application and approval procedures. Requires the Administrator to promulgate regulations to implement a Federal permit program for affected sources. Directs owners or operators submitting phase I permit applications and compliance plans to request certifications from State Governors that such applications and plans are in compliance with State law. Permits such certifications to preclude the use of coal produced outside the State at such sources. Waives such requirements if the Governor fails to act on such a request. Establishes deadlines for phase II sulfur dioxide emissions and nitrogen oxide emissions requirements with respect to: (1) the submission of permit applications and compliance plans; (2) the issuance of permits by States to affected sources; and (3) the issuance of allowances by the Administrator. Requires the Administrator, if a State fails to issue permits by the required deadline, to issue such permits by July 1, 1997. Directs States to submit permit programs for new units to the Administrator. Sets deadlines for the submission of permit applications and compliance plans for such units. Authorizes the submission of revised applications or plans. Makes it unlawful to: (1) fail to submit an application or plan in accordance with deadlines; or (2) operate any source, except in compliance with a permit program. Authorizes owners or operators of existing sources, by January 1, 1998, to demonstrate to the permitting authority that one or more units will be repowered with a qualifying clean coal technology. Directs owners or operators, as part of such demonstration, to provide documentation of a preliminary design and engineering effort for such repowering, an executed contract for the majority of the repowering equipment, and such other information as may be required by December 31, 2000. Grants owners or operators satisfying such requirements extensions of emissions limitations or rate requirements for such units from December 31, 2000, to December 31, 2003. Provides that qualifying sources that increase emissions of a pollutant relative to potential pre-repowering levels shall not be subject to requirements of title I of the Clean Air Act for such pollutant if the owners or operators of such sources demonstrate that the increased emissions will not: (1) cause or contribute to an exceedance in any area of a national air quality standard or of a maximum allowable increase in concentrations under such Act; (2) interfere with reasonable progress; or (3) result in an adverse impact on visibility or air quality related values in any Class I area under part C of title I of such Act. Directs the Administrator, for the period of an extension, to grant annual allowances for sulfur dioxide to the owners or operators of affected sources. Prohibits the transfer or use of such allowances by any other source to meet emissions requirements under this title. Requires owners or operators to notify the Administrator in advance of the date on which the affected unit is to be removed from operation to install repowering technology. Establishes emissions rates and allowances for such sources. Makes it unlawful to fail to comply with such requirements. Authorizes owners or operators of existing units that emit sulfur dioxide or nitrogen oxides to: (1) elect to designate such sources as affected units; and (2) submit such designations to the Administrator for approval. Directs the Administrator to establish a baseline for such units based on fuel consumption and operating data from 1985 through 1987. Establishes emissions limitations for such sources. Applies allowance and permit requirements for affected sources to designated affected sources. Authorizes the Administrator to establish a program for the designation of process sources as affected sources. Prohibits designated sources from transferring or banking allowances produced as a result of reduced utilization or shutdown. Makes owners or operators of affected sources that emit excess sulfur dioxide and nitrogen oxides liable for the payment of an excess emissions fee based on excess tonnage. Requires such individuals to: (1) offset the excess emissions by an equal tonnage amount in the following year or such period as the Administrator may prescribe; and (2) submit a plan to achieve such offsets to the Administrator and the State. Directs the Administrator to: (1) deduct allowances equal to the excess tonnage from those issued for the source for the years following the year in which the excess emissions occurred; and (2) adjust the fee for inflation, based on the Consumer Price Index, beginning in 1996. Makes it unlawful for liable owners or operators to fail to comply with such requirements. Requires sources subject to this title to install and operate continuous emission monitoring systems (CEMS) and to assure the data for sulfur dioxide, nitrogen oxides, opacity, and volumetric flow for each unit. Directs the Administrator to specify the requirements for CEMS, alternative methods that provide reliable and timely information, and recordkeeping and reporting of information from such systems. Sets first and second phase deadlines for compliance with such requirements. Requires the Administrator to prescribe means for calculating emissions for any unit for which CEMS data is not available. Makes it unlawful to operate any source not in compliance with CEMS requirements. Deems excess emissions from an affected source to be a violation of this Act, with each ton emitted in excess of allowances constituting a separate violation. Requires the Administrator to assess and report to the Congress on the environmental effects of emissions reductions under this title. Directs the Federal Energy Regulatory Commission (FERC) to establish a demonstration program for regulatory incentives to promote the development of clean coal technologies and other control technologies to limit power plant emissions. Requires such incentives to include: (1) an incentive rate of return for clean coal or other technologies that recognizes their inherent risk; and (2) a ten to 20 year amortization period to recover the capital costs of such technologies. Provides that: (1) the program will have a five year life; (2) the program will cover no more than four units in each technology class; and (3) technology classes eligible for the program should be likely to realize significant cost reductions when employed. Requires FERC to review the merits of the program and determine whether it should be extended or made permanent. Requires FERC to establish a process for negotiating with potential developers of clean coal or other control technologies to agree upon cost caps for future projects and preapproval of the prudency of expenses for such projects if the expenses fall within the agreed-upon cap. Directs the Administrator to promulgate regulations to revise existing clean coal technology requirements and to facilitate clean coal projects. Requires such regulations to address physical or operational changes to existing facilities for the installation, operation, or removal of such projects. Provides that the Federal share for a qualifying project shall be at least 20 percent of the total cost of such project. Encourages States and political subdivisions which regulate public utility rates and charges to provide additional incentives for the implementation of clean coal technologies. Title VI: Provisions Relating to Enforcement - Authorizes the Administrator to issue administrative penalties for certain violations of the Clean Air Act. Makes Federal enforcement procedures currently applicable to implementation plans applicable to permit programs. Authorizes the Administrator to ask the Attorney General to commence criminal actions against violators of specified provisions of such Act. Permits the Administrator to prohibit the operation of sources for specified violations. Revises penalty provisions of, and makes technical amendments to, such Act. Establishes fines and prison sentences for knowing failures to pay fees under such Act. Doubles the maximum punishment for specified subsequent violations. Prescribes fines and up to 15 years' imprisonment, or both, for knowing releases of hazardous substances that place another person in imminent danger of death or serious bodily injury. Makes organizations responsible for such releases subject to fines of up to $1,000,000 per day for each violation. Limits the Administrator's authority to assess certain administrative penalties to matters where the total penalty does not exceed $200,000 and the first violation occurred no more than 12 months prior to the initiation of the administrative action, with specified exceptions. Authorizes the Administrator to implement a field citation program for appropriate minor violations for the purpose of assessing civil penalties of up to $5,000 per day for each violation. Sets forth provisions concerning judicial review and civil actions with respect to the assessment of such penalties. Outlines criteria to be considered by the court in determining the assessment of penalties. Authorizes the Administrator to pay rewards of up to $10,000 for information or services leading to criminal convictions or judgments of liability for violations of the Clean Air Act. Makes Federal, State, and local officials or employees ineligible for such rewards. Authorizes the Administrator to require owners or operators of sources subject to such Act to: (1) keep records on control equipment parameters, production variables, or other indirect data when direct emissions monitoring is impractical; and (2) submit compliance certifications. Directs the Administrator to require enhanced monitoring and submission of compliance certifications from owners or operators of major stationary sources. Authorizes the Administrator to apply such requirements to any other source. Makes such information available to the public. Removes an exemption for public disclosure of emission source records that may be trade secrets. Repeals a provision concerning penalties for violations of administrative orders. Authorizes the Administrator to extend a prohibition on Federal procurement from violators of the Clean Air Act to contracts performed at any facility owned or operated by such persons. (Current law prohibits such procurement for contracts to be performed at facilities where the violation occurred.) Authorizes the assessment of civil penalties for violations of such Act. Requires such penalties to be deposited in a special Treasury fund and to be available to finance air compliance and enforcement activities. Revises provisions concerning citizen suits under such Act. Requires the Administrator to take necessary measures to prevent the operation, construction, or modification of certain major emitting facilities. Makes noncomplying stationary sources subject to penalties. Title VII: Miscellaneous Provisions - Authorizes the Administrator to make grants to air pollution control agencies in amounts of up to three-fifths of the total cost of programs for the prevention and control of air pollution or implementation of national standards. Grants agencies contributing less than the required two-fifths minimum three years to attain the minimum level. Reduces the Federal contribution to agencies which fail to meet such minimum. Requires at least one-half of one percent of the annual State grant appropriation to be for grants to air pollution control agencies. Prohibits agencies from receiving grants during any fiscal year when expenditures of non-Federal funds for recurrent expenditures for air pollution programs will be less than expenditures for such programs during the preceding fiscal year. Requires the Administrator to revise current regulations defining nonrecurrent and recurrent expenditures to consider exempting agencies with acceptable periodic increases from such limitations. Authorizes the Administrator to award grants to agencies not meeting such requirements if determined that a reduction in expenditures is attributable to a non-selective reduction in the expenditures of applicable Federal agencies. Decreases the Federal contribution to interstate air quality agencies. Repeals provisions concerning annual reporting requirements. Requires the Administrator to study and report to the Congress on the role of ozone precursors in tropospheric ozone formation and control. Revises provisions (including deadlines) concerning the issuance and revision of criteria for national air quality standards. Establishes within EPA an Air Pollutant Release Investigation Board to investigate major life-threatening releases of air pollutants. Excludes from such investigations releases associated with nuclear incidents and transportation-related releases. Requires the Board to make reports on such releases to the Congress and, upon reasonable cost, to the public.
United States · United States Congress · 20 July 1989
Birth Control and Infertility Research Centers Act of 1989 - Amends the Public Health Service Act to require the Director of the Institute of Child Health and Human Development to make grants and enter into contracts for centers for improving methods of birth control and centers for diagnosing and treating infertility. Requires the Director, subject to appropriations, to provide for three centers with respect to birth control and two centers with respect to infertility. Requires each center to: (1) conduct clinical and other applied research; (2) develop training protocols for and conduct training of physicians, scientists, nurses, and other health and allied health professionals; (3) develop model continuing education programs; and (4) disseminate information to such professionals. Allows a center to use the funds to provide: (1) stipends for health and allied health professionals enrolled in the training programs; and (2) fees to individuals serving as subjects in the clinical trials. Requires each center to use the facilities of a single institution, or be formed from a consortium of cooperating institutions, meeting requirements as prescribed by the Secretary of Health and Human Services. Allows support for a center to be for a period of up to five years, with extensions of one or more periods of up to five years if the center's operations have been reviewed by a peer review group and the group has so recommended. Authorizes appropriations for FY 1990 through 1994. Amends the Public Health Service Act to direct the Secretary to establish a program of entering into agreements with health professionals, including graduate students, under which the professionals agree to conduct research with respect to birth control or infertility in consideration of the Government agreeing to repay, for each year of such service, not more than a specified amount of the principal and interest of their educational loans. Applies provisions of the National Health Service Corps Loan Repayment Program to this program, except as inconsistent. Authorizes appropriations for FY 1990 through 1992. Requires amounts appropriated to remain available until the end of the second fiscal year after they are appropriated.
United States · United States Congress · 20 July 1989
Prohibits the Secretary of the Interior from engaging in any leasing activity with respect to specified submerged lands of the Outer Continental Shelf off the State of Florida. Directs the Secretary to promulgate guidelines for the United States to follow when buying back any existing oil or gas lease on such lands.
United States · United States Congress · 20 July 1989
Declares that the Congress should: (1) establish a program of research for the development of methods of birth control and methods of diagnosing and treating infertility; (2) provide adequate long-term resources for the program; (3) ensure that Federal programs with respect to sexually transmitted diseases adequately respond to the role of such diseases in infertility; (4) ensure public education on birth control and infertility; (5) establish as Federal goals the development, by the year 2010, of improved barrier methods to protect against pregnancy and diseases, new methods of birth control for use by men, a vaccine-like drug for women that prevents pregnancy for a significant period of time without other specified effects, and new and improved techniques of diagnosing and treating infertility; (6) require the Secretary of Health and Human Services to reestablish the Ethical Advisory Board in order to facilitate research with respect to infertility; (7) review the policies and procedures of the Food and Drug Administration with respect to expediting approval of drugs and devices for use by the public, especially with respect to birth control and infertility; and (8) determine to what extent measures can be implemented by public or private entities to resolve liability issues involved with drugs and devices concerned with birth control and infertility.
United States · United States Congress · 18 July 1989
Claude Pepper Act for Amputees - Amends the Rehabilitation Act of 1973 to authorize the Director of the National Institute on Disability and Rehabilitation to conduct a research program to finance development of advanced technology prosthetic and orthotic devices by Federal, State, and local government agencies and qualified private organizations. Requires such program to include research on: (1) the development of lower and upper limb devices; (2) useful applications of modern materials; and (3) new methods of utilizing body power. Directs the Secretary of Education to prescribe regulations for such program within 90 days. Authorizes appropriations for FY 1990 and 1991 for such research program. Requires that at least ten percent of such funds be used to make grants to providers of prosthetic and orthotic services who are approved under agreement with the Department of Veterans Affairs.
United States · United States Congress · 12 July 1989
Expresses the sense of the Congress that the President shall commence bilateral negotiations immediately with Japan for the creation of a bilateral framework agreement on trade and economic issues that includes: (1) a declaration of the political and economic importance of U.S.-Japan relations and respective commitments under GATT; (2) specification of the topics for regular discussion between the two countries, including expansion of domestic demand in Japan and reduction of the U.S. budget deficit, invisible trade barriers, and agricultural policy; and (3) a dispute settlement mechanism.
United States · United States Congress · 11 July 1989
Battery Recycling and Research Act of 1989 - Amends the Solid Waste Disposal Act to prohibit the disposal of used lead-acid batteries except through recycling as specified under this Act. Requires any individual, retail or wholesale seller, or manufacturer of such batteries to dispose of batteries only by delivery to an authorized secondary lead smelter, an authorized collection or recycling facility, or other specified entities. Sets penalties for violations of this Act. Establishes additional battery collection requirements, including requirements that: (1) retailers give written notice to customers about the illegality of improperly discarding used motor vehicle, and other types of, lead-acid batteries; and (2) retailers, wholesalers, and manufacturers accept such batteries for recycling without charge. Authorizes the Administrator of the Environmental Protection Agency to: (1) prescribe regulations, including a model notice for use by retailers; and (2) inspect any establishment subject to this Act and issue warnings and citations to individuals for failures to comply. Prohibits the sale of any lead-acid battery not bearing a permanent label containing information about the illegality of improper disposal and the requirement that retailers must accept used lead-acid batteries for recycling in exchange for new batteries purchased. Directs the Administrator to study and report to the Congress on the disposal and potential recyclability of household dry-cell batteries.
United States · United States Congress · 29 June 1989
Directs the American Battle Monuments Commission to establish a memorial on Federal land in the District of Columbia or its immediate area to honor World War II veterans and to commemorate U.S. participation in that conflict. Directs the Commission to plan, design, construct, and oversee the operation of the memorial. Specifies that such design shall provide for accessibility by, and accommodations for, the physically handicapped. Establishes the World War II Memorial Advisory Board to: (1) promote the establishment of the memorial and encourage the donation of private funds for construction maintenance; (2) assist and cooperate with the Commission in the selection of the site and design for the memorial; and (3) transmit annual reports on its activities to the Congress. Authorizes the Commission to solicit private contributions for such memorial. Establishes a fund in the Treasury which shall be made available to the Commission to carry out this Act. Authorizes Federal funding, in addition to such private funds, for site preparation, design, planning, establishment, construction, maintenance, and operation of the memorial. Authorizes assistance from specified Federal departments and agencies, including the Library of Congress. Authorizes Federal property to be transferred to the Commission. Authorizes the Commission to purchase suitable property within the District of Columbia for the establishment of such memorial. Urges the Government to encourage 50th anniversary commemorations of the U.S. role in World War II. Urges the Smithsonian Institution and other Federal museums to develop commemorative exhibitions to be shared with academic institutions.
United States · United States Congress · 27 June 1989
Constitutional Amendment - Declares that the Congress and the States shall have power to prohibit the act of desecration of the U.S. flag and to set criminal penalties for that act.
United States · United States Congress · 27 June 1989
Expresses the sense of the House of Representatives that individuals throughout the United States should observe Independence Day, July 4, 1989, as Take Pride in the Flag Day to celebrate the 213th anniversary of the signing of the Declaration of Independence and the 201st anniversary of the ratification of the U.S. Constitution.
United States · United States Congress · 22 June 1989
Declares that the Congress: (1) is prepared to support a presidential waiver of the Jackson-Vanik amendment of the Trade Act of 1974 (relating to most favored nation treatment) with respect to the Soviet Union at such time as the President has received appropriate assurances that the Soviet Government is firmly on course toward sustained high levels of emigration and the removal of unreasonable impediments to persons wishing to emigrate; and (2) will continue to monitor Soviet efforts to institutionalize its liberalized emigration policy.
United States · United States Congress · 15 June 1989
Declares that the Congress: (1) is prepared to support a presidential waiver of the Jackson-Vanik amendment of the Trade Act of 1974 (relating to most favored nation treatment) with respect to the Soviet Union at such time as the President has received appropriate assurances that the Soviet Government is firmly on course toward sustained high levels of emigration and the removal of unreasonable impediments to persons wishing to emigrate; and (2) will continue to monitor Soviet efforts to institutionalize its liberalized emigration policy.
United States · United States Congress · 14 June 1989
Southeast Interstate Low-Level Radioactive Waste Compact Amendments Consent Act of 1989 - Grants congressional approval to amendments made by the party States to the Southeast Interstate Low-Level Radioactive Waste Management Compact which provide for: (1) withdrawal from the Compact; and (2) the maximum length of time a party State is required to operate a regional facility.
United States · United States Congress · 14 June 1989
Customs User Fees Amendments Act of 1989 - Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to require the Secretary of the Treasury to collect a customs user fee not exceeding $575 for the processing of merchandise that is entered, or withdrawn from warehouse for consumption, during FY 1990. Requires fees charged for Canadian goods to be in accordance with the U.S.-Canada Free-Trade Agreement. Prohibits such fees from being charged for Israeli products if an exemption is implemented under this Act. Declares that expenses incurred in conducting commercial operations do not include costs incurred in: (1) air passenger processing; (2) export control; and (3) international affairs. Sets forth certain costs that may not be funded with money contained in the Customs User Fee Account. Declares that the user fees shall be treated and enforced as if they are customs duties. Exempts Israeli products from user fees as of the date on which the United States Trade Representative publishes in the Federal Register a determination that Israel has provided reciprocal concessions. Requires the Comptroller General to report to specified congressional committees on the costs incurred by the U.S. Customs Service in conducting commercial operations and appropriate fees charged to the beneficiaries of such services. Authorizes the Service to collect user fees for the operation of foreign trade zones at certain small airports that are not ports-of-entry. Amends the Trade and Tariff Act of 1984 to declare that customs services provided at such a zone shall also be considered provided at such an airport.
United States · United States Congress · 13 June 1989
Expresses the sense of the House of Representatives that the Committees on Energy and Commerce and Ways and Means should review the Medicare Catastrophic Coverage Act of 1988 and hold hearings in the process of such review.
United States · United States Congress · 8 June 1989
Designates the Department of Veterans Affairs outpatient clinic located at 1900 Mason Avenue, Daytona Beach, Florida, as the William V. Chappell, Jr., Veterans' Outpatient Clinic.
United States · United States Congress · 8 June 1989
Directs the Secretary of Health and Human Services to enter into an agreement for the transfer of specified monkeys used in research at the Institute for Behavioral Research in Silver Spring, Maryland, to Primarily Primates, Inc., an animal sanctuary in San Antonio, Texas, the teaching zoo known as Moorpark College in Moorpark, California, or the San Diego Zoo in San Diego, California.
United States · United States Congress · 6 June 1989
Designates June 21, 1989, as Chaney, Goodman, and Schwerner Day. Expresses the sense of the Congress that the Voting Rights Act of 1965 has helped to fulfill the promise of democracy in this Nation. Reaffirms the goal of removing remaining barriers to full voter participation in this Nation.
United States · United States Congress · 1 June 1989
Oil Spill Tax Act - Amends the Internal Revenue Code relating to trade or business expenses to disallow the deduction for oil and hazardous substances cleanup costs if the Secretary of the Treasury receives notification from the relevant authority that the taxpayer has failed to comply with specified Federal environmental law. Disallows such deduction where it can be shown that the oil or hazardous substance discharge was the result of willful negligence or willful misconduct. Reduces the tax attributes of the taxpayer by the amount disallowed. Disallows a deduction for losses resulting from any oil or hazardous substance discharge if the cleanup costs of such discharge are disallowed as a deduction. Sets forth time limits for: (1) the Secretary to assess any deficiency attributable to the notification of noncompliance with Federal environmental law; and (2) the taxpayer to file a claim for credit or refund attributable to receipt of such notification. Establishes an account in the Treasury to consist of the increase in revenues resulting under this Act. Makes such amounts available for: (1) the revolving fund under the Federal Water Pollution Control Act for expenses related to removal of discharged oil; or (2) the Hazardous Substance Superfund. Directs the Secretary to report to specified congressional committees on the decrease of Federal revenues because of the allowance of the deduction for oil and hazardous substances cleanup costs. Requires the Secretary to report annually to such committees on the amount expended on environmental cleanup costs and the amount accruing to the Treasury by reason of the disallowance of such deduction.
United States · United States Congress · 24 May 1989
Directs the Secretary of Defense and the Secretary of Commerce to establish a five-year joint program for collecting operational and reconnaissance data, conducting research, and analyzing data on tropical cyclones to assist the forecast and warning program and increase the understanding of the causes and behavior of tropical cyclones. Sets forth the responsibilities of each Secretary. Directs those Secretaries to jointly develop and submit to the Congress management plans for: (1) the program established by this Act; and (2) continued tropical cyclone surveillance and reconnaissance which will adequately protect the citizens of U.S. coastal areas.
United States · United States Congress · 24 May 1989
Older Americans' Freedom to Work Act of 1989 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to remove the limitation on the amount of outside income which beneficiaries who have attained retirement age may earn without incurring a reduction in benefits.
United States · United States Congress · 23 May 1989
Amends the Tariff Act of 1930 to authorize appropriations for FY 1990 for the United States International Trade Commission. Amends the Customs Procedural Reform and Simplification Act of 1978 to authorize appropriations for FY 1990 for the United States Customs Service for: (1) noncommercial and commercial operations; and (2) the air interdiction program. Amends the Trade Act of 1974 to authorize appropriations for the Office of the United States Trade Representative for FY 1990, out of which only a specified amount may be used for entertainment and representation expenses. Declares that the Commissioner of Customs shall be appointed by the President, by and with the advice and consent of the Senate. Amends the Tariff Act of 1930 to require the Commissioner to transmit to the Congress a report on: (1) the value of the on-hand inventory of seized property (under the forfeiture provisions of such Act) as of the last day of the previous fiscal year; and (2) the sources of gross receipts of, and gross disbursements from, the Customs Forfeiture Fund during the previous fiscal year. Authorizes appropriations. Requires the appropriate customs officer to publish for at least three successive weeks, notice of the seizure of monetary instruments and the intention to forfeit and sell them. Requires the Commissioner to report to the Congress on the total dollar value of uncontested seizures of monetary instruments valued over $100,000 which have not been deposited into the Fund within 120 days of seizure. Authorizes the Secretary of the Treasury to transfer forfeited property, including non-jet aircraft, to the Civil Air Patrol.
United States · United States Congress · 16 May 1989
Amends the Animal Welfare Act to permit citizen suits to compel enforcement of such Act. Authorizes the court in such suits to award litigation expenses, including attorney fees, to: (1) a prevailing plaintiff; or (2) a prevailing defendant if such action is found to be frivolous, unreasonable, or without foundation.
United States · United States Congress · 16 May 1989
Amends the Federal criminal code to make it unlawful for any person: (1) who has been convicted in any court of a drug crime to possess a firearm; and (2) to transfer a firearm to any other person knowing or having reasonable cause to believe that such other person is under indictment for, or has been convicted in any court of, a drug crime. Provides penalties for a violation. Sets forth additional penalties for possession of a firearm during a drug crime. Provides enhanced penalties if the firearm is a machinegun or is equipped with a firearm silencer or muffler and for subsequent convictions.
United States · United States Congress · 11 May 1989
Clean Air Restoration Act of 1989 - Title I: General Provisions for Nonattainment Areas - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency to publish guidelines for enhanced State monitoring of ozone, oxides of nitrogen, volatile organic compounds (VOCs), carbon monoxide, and particulate matter 10 (PM 10) and for improved inventories of emissions of such substances. Directs the Administrator to establish emissions factors for estimating emissions of such substances from stationary sources which emit less than 25 tons per year of such pollutants. Requires State plan revisions submitted after this Act's enactment for ozone, carbon monoxide, or PM 10 nonattainment areas to provide for the maintenance of the attainment standard for 20 years after such submission. Directs the Administrator to periodically review and revise such plans, as necessary, to insure the maintenance of such standard. Revises the boundaries of ozone and carbon monoxide nonattainment areas which are classified as Extreme or Severe 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 or serious for ozone, carbon monoxide, or PM 10 to encompass the entire MSA or CMSA if such modification is necessary to attain the air quality standard. Requires permits issued in nonattainment areas for stationary sources to provide for: (1) quarterly reports to the permitting authority on monitoring measures; and (2) annual certifications to such authority demonstrating compliance with such permit. Prohibits the issuance of any permit unless such authority has conducted an on-site inspection of the source or emissions unit. Allows new or modified stationary sources to comply with any offset requirement for increased emissions of any air pollutant by obtaining enforceable emissions reductions of such pollutant from other sources in the same nonattainment area. Requires such reductions to be in effect by the time such sources commence operation and to insure that the total tonnage of increased emissions is offset by a greater reduction in the actual emissions from other area sources. Title II: Provisions Applicable to Ozone Nonattainment Areas - Classifies ozone nonattainment areas as Moderate, Serious, Severe, or Extreme, based upon the percentage by which the air quality standard is exceeded in the area. Authorizes the Administrator to adjust the classification of areas which would be classified in another category if the ozone level in such areas were ten percent greater or less. Requires the Administrator to promulgate special rules for rural nonattainment areas where area sources do not make significant contributions to the ozone concentration in such areas. Directs States with classified ozone nonattainment areas to submit compliance strategies to the Administrator. Requires such strategies to provide for: (1) meeting an initial milestone for emissions reductions; (2) improved monitoring of ozone, oxides of nitrogen, and VOCs; (3) annual statements from owners or operators of stationary sources showing emissions of oxides of nitrogen and VOCs; and (4) annual emissions inventories to be submitted to the Administrator. Waives the requirement for owners or operators of stationary sources which emit less than 25 tons annually of VOCs if the State provides an inventory of emissions of such sources. Applies requirements for State permits with respect to air quality standards to statements for stationary sources which emit 25 tons or more annually of oxides of nitrogen or VOCs. Deems such sources to be major stationary sources. Establishes fees to be collected by States for each ton of emissions of such substances and approval procedures for compliance strategies. Directs the Administrator to publish oxides of nitrogen and VOC emissions reduction targets for Serious, Severe, and Extreme ozone nonattainment areas. Provides for reductions or increases in such targets based upon percentage reductions or increases over a 1988 emissions inventory. Directs the Administrator to publish a VOC emissions reduction milestone for such areas to require a 20 percent reduction in emissions within four years of this Act's enactment based upon the 1988 emissions inventory. Requires additional milestones to be achieved within eight and 12 years of this Act's enactment. Sets forth attainment dates of four, eight, 12, and 16 years, respectively, for Moderate, Serious, Severe, and Extreme areas. Requires State implementation plans for Serious, Severe, and Extreme areas to be revised to include measures for meeting targets and milestones, conforming with compliance strategies, and attaining and maintaining revised ozone standards. Sets forth approval procedures for such plans. Requires the Administrator to audit biennially and, if necessary, revise such plans to assure compliance. Includes specified ratios for offsets of increased emissions by new or modified sources in permit requirements for Moderate areas. Requires compliance strategies or revised implementation plans for Serious and Severe areas to contain a permit program covering the construction and operation of certain new or modified emissions units. Requires certain emissions offsets by the time such units enter operation. Provides that such plans or strategies shall: (1) contain a motor vehicle inspection and maintenance program to reduce in-use emissions of VOCs and oxides of nitrogen in Serious areas; and (2) require the use of fill nozzles in such areas which prevent vapor discharge and vehicle fuel tank overflows on nozzle disconnect. Applies the nozzle requirement only to facilities which sell more than 10,000 gallons of gasoline per month (50,000 gallons per month in the case of certain independent small business gasoline marketers). Waives such requirement when the Administrator determines that onboard emissions control systems are in widespread use throughout the motor vehicle fleet. Requires such plans or strategies to require all buses which are purchased or leased by State or local governments after January 1, 1992, (for which such governments enter into contracts or for which engines are replaced after such date) and which are used for public transportation in Serious areas to be low-emission vehicles using low-emission fuels. Requires permits for the operation of certain existing stationary sources in Serious, Severe, and Extreme areas. Requires such strategies or plans to establish a schedule requiring at least 30 percent of the new motor vehicles registered in Severe areas by 1998 to be low-emission vehicles using low-emission fuels. Prohibits the use of an emissions reduction trading program to comply with the reasonably available control technology requirement applicable to such sources under the Clean Air Act. Requires tanks used for motor vehicle liquid fuel storage in such areas to be capable of storing methanol. Prohibits the use of Federal funds for transportation planning in such areas unless the Administrator determines that such planning uses all available techniques for reducing aggregate vehicle emissions. Requires all new motor vehicles owned or operated by persons owning or operating 15 or more vehicles in a Severe area after 1992 to be low-emission vehicles using low-emission fuels. Provides that compliance strategies and State implementation plans for Extreme areas shall contain the same requirements as those for Severe areas. Provides that, eight years after this Act's enactment, each electric utility and industrial and commercial boiler emitting more than 25 tons annually of oxides of nitrogen in such areas shall: (1) burn natural gas, methanol, or ethanol (or a comparably low polluting fuel) as a primary fuel; or (2) use advance control technology for reduction of such emissions. Establishes a schedule for increasing in annual increments the percentage of new motor vehicles registered in such areas which are low-emission vehicles. Requires all model year 2000 vehicles to be low-emission vehicles. Authorizes the establishment of traffic control measures during heavy traffic hours to reduce the use of high polluting vehicles in such areas. Allows an Extreme area to apply for a four-year extension of the attainment date. Directs the Administrator to grant such extension if the area is reasonably expected to meet minimum emissions reduction targets and the implementation plan is adequate to meet the attainment standard by the extended date. Sets forth procedures to be applied in the case of noncompliance with plan and compliance strategy requirements, including emissions offsets for new or modified stationary sources or emissions units at a ratio of three to one and a prohibition on the approval of, or awarding of Federal funds for, highway projects in non-complying areas. Sets forth deadlines for States to demonstrate that all measures in compliance strategies have been implemented and that milestones have been met. Provides for reclassification of areas or the implementation of additional measures, including economic incentive programs in Severe and Extreme areas, if a State fails to meet emissions reduction milestones or to submit a demonstration. Directs the Administrator to establish guidelines for such programs. Sets forth administrative procedures for making determinations, including provisional determinations, of attainment of air quality standards during a three-year period. Directs the Administrator to reclassify Moderate, Serious, or Severe areas which fail to meet attainment deadlines into the next, more stringent, category. Requires States with Extreme areas failing to meet such deadlines to submit plan revisions providing for: (1) emissions offsets at a ratio of three to one for new or modified sources or emissions units in such areas; and (2) an economic incentives program to aid in reducing the total tonnage of VOC and oxides of nitrogen emissions by at least five percent annually prior to attainment of the standard. Establishes an ozone transport region comprised of coastal States on the east coast between Maine and Maryland and the CMSA including the District of Columbia. Authorizes the creation of additional regions, as necessary. Directs the Administrator to establish an ozone transport commission for each region. Requires each State within a region to submit to the Administrator a revised implementation plan which requires compliance with emission levels as if the region were classified as a Serious area for ozone. Exempts regions within a State that do not contribute significantly to ozone concentrations in Serious, Severe, or Extreme areas. Permits States or subdivisions to petition the Administrator for the inclusion of another State or portion of a State within an ozone transport region. Requires the Administrator to develop criteria for determining transboundary pollution for ozone. Authorizes the Administrator to pay up to 100 percent of the program costs of such commissions for two years. Directs the Administrator to: (1) list all categories of commercial and consumer solvents, architectural and other surface coatings, pesticide applications, traffic coatings, and military specification coatings which release significant evaporative emissions of VOCs; and (2) promulgate standards biennially, for eight years, to reduce emissions from the highest priority group of such substances to the lowest feasible emissions rate. Requires the Administrator to publish a list of the 12 categories of stationary sources for which control technologies have not been published and which make the most significant contribution to the formation of ozone air pollution. Directs the Administrator to publish guidance for such sources, including guidelines for monitoring emissions of VOCs and oxides of nitrogen, and review and, if necessary, update such guidelines. Requires owners or operators of sources emitting ten tons or more of VOCs annually to reduce such emissions by a specified percentage if guidance for such source has not been published. Directs the Administrator to publish a control technology document regarding control of VOC emissions from the loading of petroleum products on or off of vessels. Provides that such emissions shall be considered to be direct emissions of the onshore terminal. Title III: Provisions Applicable to Carbon Monoxide Nonattainment Areas - Classifies carbon monoxide nonattainment areas as Moderate, Serious, or Severe. Authorizes the Administrator to adjust such classifications under conditions parallel to those for ozone nonattainment areas. Requires the Administrator to publish carbon monoxide concentration milestones for Serious and Severe areas to be achieved within four and eight years of this Act's enactment, respectively. Sets forth attainment dates of four, eight, and twelve years, respectively, for Moderate, Serious, and Severe areas. Sets forth requirements parallel to those for ozone nonattainment areas for State plan revisions, content, approval, and auditing. Requires plans for Serious and Severe areas to include: (1) motor vehicle inspection and maintenance programs to reduce in-use carbon monoxide emissions; and (2) provisions requiring the use of oxygenated fuels for all gasoline-powered motor vehicles during periods identified as having carbon monoxide concentrations potentially in excess of air quality standards. Directs the Administrator to promulgate guidelines allowing the use of marketable oxygen credits from fuels with higher oxygen contents than required to offset the sale or use of fuels with lower contents than required. Waives the oxygenated fuel requirement upon a demonstration that the use of such fuels would prevent or interfere with an area's attainment of a standard for any other air pollutant. Requires persons selling oxygenated fuel to label the fuel dispensing system accordingly. Sets forth requirements parallel to those for ozone nonattainment areas for: (1) permit programs and emissions offsets in Severe areas; (2) persons owning or operating more than 15 vehicles in such areas; and (3) funding for transportation planning. Provides for a $5 per vehicle annual registration fee in such areas. Makes registration revenues available to the State air pollution control agency for developing carbon monoxide emissions reduction strategies. Sets forth requirements parallel to those for ozone nonattainment areas for noncompliance procedures and State demonstrations. Provides for the implementation of an incentives program to reduce vehicle miles traveled in Severe areas if milestones or demonstration requirements have not been met. Provides for reclassification and plan revision procedures parallel to those required for Severe and Extreme ozone nonattainment areas. Title IV: Provisions Applicable to PM 10 Nonattainment Areas - Classifies PM 10 nonattainment areas as Serious or Severe. Sets forth attainment dates of four and eight years after this Act's enactment, respectively, for Serious and Severe areas. Directs the Administrator to publish PM 10 concentration milestones for Severe areas to require a 50 percent reduction in concentrations within four years of this Act's enactment. Sets forth requirements parallel to those for ozone and carbon monoxide nonattainment areas for: (1) State plan revisions, content, approval, and auditing; and (2) permit programs for Serious and Severe areas. Requires permits for the operation of: (1) certain existing sources in Severe areas; and (2) new, modified, and existing sources of PM 10 precursors where such emissions contribute significantly to PM 10 concentrations in nonattainment areas. Sets forth requirements parallel to those for ozone and carbon monoxide nonattainment areas for noncompliance, State demonstrations, reclassifications, and plan revisions. Allows States which have submitted plan revisions for Severe areas to apply for a two-year extension of the attainment date. Provides that three to one offset requirements shall not apply to areas granted such extensions. Waives any PM 10 requirements if determined that anthropogenic sources of PM 10 do not contribute significantly to the violation of the PM 10 standard in the area. Directs the Administrator to: (1) list all important categories of PM 10 emissions and precursors; and (2) publish biennial guidelines concerning the best available control technology for PM 10 emissions from stationary sources in the highest priority group. Requires the Administrator to promulgate regulations for PM 10 emissions reduction from existing diesel buses in Severe areas to require the use of lower polluting fuels. Requires State plans to include annual PM 10 emissions inventories to be submitted to the Administrator. Provides for revisions of such plans if air quality standards are modified. Requires plans to contain measures to improve the ambient monitoring of PM 10. Title V: Mobile Sources - Sets standards for emissions of hydrocarbons, oxides of nitrogen, carbon monoxide, and particulates from: (1) passenger cars and light duty trucks manufactured after 1991; and (2) heavy duty trucks and buses manufactured after 1990. Directs the Administrator to promulgate standards for vehicles using low-emissions fuel. Requires the Administrator to evaluate and, if necessary, revise such standards at least every four years. Directs the Administrator to establish a minimum percentage of new motor vehicles to be certified as low-emissions vehicles. Requires the Administrator to promulgate emissions standards for internal combustion engines used in any vehicle or machine manufactured after January 1, 1993. Requires such standards to be proportional to those for motor vehicle engines of comparable horsepower using the same fuel. Directs the Administrator to add an idle test to the Federal Test Procedure for emissions from light duty vehicles manufactured after 1991. Permits only ten percent of vehicles manufactured after 1990 in a selective enforcement audit to fail motor vehicle testing. Requires the Administrator to review and revise, as necessary, testing regulations to insure that vehicles are tested under circumstances reflecting actual current driving conditions. Requires each vehicle and engine to comply with the applicable emissions standard (Current law permits averaging). Provides that the useful life of vehicles and engines manufactured after 1994 shall be ten years or 100,000 miles. Makes technical amendments to prohibitions on tampering with vehicle emission control devices. Directs the Administrator to require the use of best available technology to control evaporative emissions from motor vehicles for a vehicle's useful life. Sets standards for emission of hydrocarbons, carbon monoxide, and evaporative hydrocarbons from motorcycles manufactured after 1991. Requires the installation of onboard emission diagnostic equipment on motor vehicles. Directs the Administrator to: (1) promulgate regulations to reduce evaporative emissions from motor vehicle fuels; and (2) establish a standard for gasoline volatility. Requires new light duty motor vehicles manufactured in the second year after standards are promulgated to be equipped with onboard evaporative emissions control systems. Provides for carbon monoxide emissions testing at 20 degrees Fahrenheit of passenger cars and light duty trucks manufactured after model year 1992. Sets emissions standards at such temperature. Title VI: Miscellaneous Provisions - Requires the Administrator to establish requirements to control air pollution from Outer Continental Shelf sources. Authorizes States adjacent to such sources to submit to the Administrator procedures for enforcing such requirements. Directs the Administrator to delegate enforcement authority to States with adequate procedures. Authorizes the Administrator to substitute maximum allowable increases in particulate matter smaller than or equal to ten micrometers (PM 10) for maximum allowable increases in such matter specified under the Clean Air Act. Authorizes the Administrator to: (1) treat Indian tribes as States under the Clean Air Act; (2) delegate to such tribes primary responsibility for assuring air pollution control; and (3) provide such tribes grant and contract assistance to carry out such functions. Outlines requirements for such authorization. Authorizes the Administrator to promulgate other means for administering such authorities where such treatment is inappropriate. Directs the Administrator to list nonattainment areas for air pollutants other than those covered by this Act when a new or revised air quality standard is promulgated. Applies the PM 10 standards, excepting attainment deadlines and provisions relating to diesel buses, to such areas. Requires the Administrator to make information regarding emissions control technology available to States and the public through a central database. Repeals provisions concerning enforcement orders and violations by owners or operators of major stationary sources. Requires States to submit plan revisions for nonattainment areas failing to meet attainment deadlines for air pollutants other than those covered by this Act. Requires new or modified sources of such pollutants to comply with provisions of this Act and applies an emissions offset ratio of three to one to such pollutants. Directs the Administrator to conduct biennial audits of motor vehicle inspection and maintenance programs in Severe or Extreme ozone or carbon monoxide nonattainment areas. Increases and expands the scope of penalties and violations of the Clean Air Act. Authorizes appropriations for FY 1990 through 1994.
United States · United States Congress · 11 May 1989
Constitutional Amendment - Requires the Congress and the President, prior to each fiscal year, to agree on an estimate of total receipts (except those derived from borrowing) for that fiscal year by enactment of a joint single subject resolution. Prohibits outlays for that year (except those for repayment of debt principal) from exceeding this amount unless the Congress, by a three-fifths roll call vote of each House, authorizes a specific excess of outlays over receipts. Requires a three-fifths roll call vote of each House to increase the public debt. Directs the President to submit a balanced budget to the Congress. Requires the approval of a majority of the total membership of each House by roll call vote before any bill to increase revenue may become law. Waives these provisions when a declaration of war is in effect.
![Official portrait of Rep. Gibbons, Sam [D-FL-11]](https://www.congress.gov/img/member/g000153_200.jpg)