United States · United States Congress · 14 June 1989
Living Wage Act of 1990 - Title I: Earned Income Tax Credit - Amends Internal Revenue Code provisions governing the earned income tax credit to: (1) increase from $5,714 to $7,000 the amount of earned income subject to the credit; (2) increase the basic credit from 14 percent to 15 percent; and (3) add additional credits to apply to not more than four children of five percent for each dependent school age child between age six and age 16 and ten percent for each preschool age child. Reduces the amount of the credit for taxpayers with adjusted gross income over $40,000. Indexes amounts relating to the credit beginning in 1992. Disallows application of the nonrefundable dependent care income tax credit with respect to a taxpayer's dependents under age 13, unless the child is physically or mentally incapable of self-care. Permits the credit with respect to handicapped children under age 15 only if the taxpayer elects not to include the child within the framework of the earned income credit. Repeals provisions of the Family Support Act of 1988 that revise the way in which the earned income credit is treated in the context of needs analysis for purposes of State plans for aid and services to needy families with children under title IV of the Social Security Act. Title II: Federal Minimum Wage - Amends the Fair Labor Standards Act of 1938 (the Act) to increase the minimum wage per hour from $3.35 in 1989 to: (1) $3.65 in 1990; (2) $3.95 in 1991; and (3) $4.25 in 1992 and thereafter. Increases the tip credit under the Act from 40 percent to 50 percent. (The tip credit deems the amount paid to a tipped employee, for minimum wage purposes, to be increased by an amount determined by the employer, but not by an amount in excess of the specified percentage of the applicable minimum wage rate). Increases the small business exemption by revising the definition of an enterprise engaged in commerce, for purposes of coverage under the Act ("the enterprise test"). Exempts from such coverage enterprises whose annual gross volume of sales or business is less than $500,000 (currently $362,500), effective in 1990. Requires employers who were covered in 1988, but who are exempt under the new threshold, to continue to pay the $3.35 per hour minimum wage. Authorizes employers, in lieu of the minimum wage, to pay a newly hired employee not less than $3.35 an hour and thereafter not less than 80 percent of the increased minimum wage. Applies the rights and protections of the Fair Labor Standards Act of 1938 to employees in the House of Representatives, employees under the Architect of the Capitol, and employing authorities of the House of Representatives. Authorizes employers to employ any employee for periods of not more than ten hours in excess of the 40-hour maximum without paying overtime if during such periods the employee is receiving remedial education.
United States · United States Congress · 13 June 1989
Amends the Internal Revenue Code to permit tax-exempt private foundations and community foundations to establish tax-exempt cooperative service organizations to operate exclusively for charitable purposes.
United States · United States Congress · 13 June 1989
Amends rule XXXIII of the Rules of the House of Representatives to require that a portion of the House gallery be set aside for use by scholars of the Congress.
United States · United States Congress · 6 June 1989
Amends the Federal Election Campaign Act of 1971 to establish the method of financing general election campaigns for the House of Representatives. Establishes eligibility criteria entitling candidates to receive campaign payments on a matching basis. Establishes formulae to determine such sums. Limits expenditure of personal funds to $48,000 per election. Waives spending limits for eligible candidates whose opponents have spent sums exceeding the limit imposed upon such candidates. Requires specified independent expenditures to be reported to the Federal Election Commission and to each candidate within specified time frames. Requires the Commission to certify the eligibility of candidates to the Secretary of the Treasury, who shall disburse funds to such candidates. Directs the Secretary to establish a separate House of Representatives Election Campaign Account in the Presidential Election Campaign Fund and to deposit certain sums in such account in accordance with specified guidelines. Directs the Commission to audit campaign accounts. Requires repayment of excess payments and unexpended payments. Penalizes the use of funds for other than campaign purposes. Authorizes the Commission to institute repayment actions in U.S. district courts. Delineates the administrative authority of the Commission in carrying out this Act. Requires the Commission to make certain reports to the House of Representatives. Authorizes appropriations. Limits the amount of overall expenditures on House election campaigns. Declares that campaign materials distributed through the mail to applicable congressional districts shall not be considered expenditures. Places limitations on such costs and requires their disclosure in certain mandatory reports.
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 · 31 May 1989
Reclamation States Ground Water Protection and Management Act of 1989 - Directs the Secretary of the Interior to publish criteria for assessing the adequacy of groundwater protection and management programs of the Reclamation States (Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, and Wyoming). Requires such criteria to include programs to protect the integrity of such resources and programs for mapping, classifying aquifer systems, and monitoring. Directs the Secretary to identify Reclamation States with significant groundwater problems and assess the adequacy of their protection and management programs. Requires the Secretary to make public both the criteria developed and the States identified. Prohibits the development of a reclamation project in an identified State unless such State has an approved program. Authorizes States to revise Secretary-approved programs, subject to the Secretary's approval. Directs the Secretary to review such programs periodically, notifying a State of any intention to withdraw approval. Requires the Secretary to report to the Congress on what assistance the U.S. Geological Survey Cooperative Research Program can provide States in developing groundwater protection and management programs.
United States · United States Congress · 25 May 1989
Aviation Security and Terrorism Commission Act of 1989 - Establishes the Commission on Aviation Security and Terrorism to investigate events leading up to and surrounding the destruction of Pan American World Airways flight 103 on December 21, 1988, and the destruction of Korean Air Lines flight 007 on August 31, 1983. Terminates the Commission 30 days after it makes required reports.
United States · United States Congress · 22 May 1989
Cable Competition Act - Amends the Communications Act of 1934 to authorize a State or cable television franchising authority to regulate the rates that a cable operator may charge for the provision of lifeline television services for any franchising area which is not provided with cable service by two or more cable operators. Defines the "lifeline television service" as the provision of: (1) channels of the three major networks; (2) a public television channel; and (3) one channel carrying each independent local television station. Repeals a provision of such Act which prohibits a telephone company from providing video programming in its telephone service area. Allows a telephone company to: (1) provide video programming directly to subscribers; or (2) provide rental arrangements to any entity which is owned or controlled by, or under common control with, such telephone company for the provision of such video programming. Directs the Federal Communications Commission (FCC) to prescribe regulations to ensure that: (1) the economic risks of video programming business of a telephone company are not borne by telephone service ratepayers in any way; and (2) a common carrier providing video services allocates costs in a manner which protects basic telephone ratepayers from subsidizing the provision of cable video programming. Prohibits a telephone company from providing video programming services if prohibited from doing so by Federal antitrust laws. Makes it unlawful for any person (including a common carrier) to purchase or otherwise acquire control of a cable system without the permission of the franchising authority for that cable system. Prohibits a franchising authority from granting such authority unless: (1) it determines that cable subscribers will benefit from such acquisition; (2) it determines that the number of channels, the signal quality, and the types of services will be expanded; and (3) the person acquiring the cable system agrees to include an obligation to achieve such expanded benefits and services for its customers. Requires a cable operator to: (1) provide cable system access to any program service, except under specified conditions; (2) provide cable system access to any unaffiliated program service under the same rates, terms, and conditions as provided to an affiliated program; and (3) comply with regulations prescribed by the FCC which ensure such access. States that any regulations prescribed by the FCC shall not relieve a common carrier who provides cable service from any regulations under the above Act or any other regulations concerning open network architecture plans and related requirements. Makes it unlawful for any person affiliated with a cable operator who provides programming to any cable operator to engage in any unjust or unreasonable discrimination in charges, practices, regulations, facilities, or services against any person seeking to obtain such programming for distribution over another capable system or over any other medium capable of making the programming available for private viewing. Empowers U.S. district courts with jurisdiction to enforce such prohibitions. Directs the FCC to initiate a proceeding to investigate: (1) the extent to which affiliated persons are engaged in producing and distributing video programming for carriage on cable television systems; and (2) the degree to which such operations result in higher rates for television service or unfair or anticompetitive acts or practices with respect to such programming. Requires the FCC to report immediately to the Attorney General or the Federal Trade Commission (FTC) any acts or practices found during such investigation that appear to violate any law within the jurisdiction of the Attorney General or the FTC. Directs the FCC to report to the Congress on the results of such investigation within one year after the enactment of this Act. Directs the FCC to initiate a proceeding to investigate: (1) the extent to which video programming is being delivered to residents of rural areas by means of cable television systems and other media; and (2) methods which might be used to improve and extend the delivery of such programming by such media. Directs the FCC to report the results of such investigations to the Congress within one year after enactment of this Act.
United States · United States Congress · 18 May 1989
Chemical and Biological Weapons Nonproliferation Act - Sets forth U.S. policy concerning chemical and biological weapons. Requires the Secretary of Commerce to issue such regulations, licenses, and orders as may be required to control the export of materials, equipment, and technology having significance for the manufacture or use of chemical and biological weapons. Makes subject to the penalties imposed by the Export Administration Act of 1979 any person who violates any regulation, license, or order issued by the Secretary. Requires the Secretary of State to assess the risk of the proliferation of chemical and biological weapons. Specifies particular matters to be considered by such assessment and requires such assessment to give particular attention to the materials, equipment, and technology that have direct significance for the production and use of chemical and biological weapons. Requires the Secretary of State to submit to the Congress a biannual report describing the status of: (1) control of the proliferation of chemical and biological weapons; (2) efforts to prevent the spread of such weapons; and (3) programs to control the export of materials, equipment, and technology having direct significance for the production of chemical and biological weapons. Requires the Secretary of State to establish a Chemical Industry Advisory Group to provide advice to the Secretary concerning such assessment and such biannual report. Requires the Secretary of State to inform the appropriate committees of the Congress of developments of significance to the proliferation and control of chemical and biological weapons.
United States · United States Congress · 18 May 1989
Pipeline-Hazardous Waste Anti-Dumping Act of 1989 - Amends the Hazardous Liquid Pipeline Safety Act of 1979 to direct the Secretary of Transportation to prohibit, by regulation, with specified exceptions, the tending for transportation in crude oil pipeline facilities of any used oil, waste oil, solvent, salt, metal, chemical (including chlorinated or oxygenated hydrocarbons), or other substance determined to pose an unreasonable threat of damage or injury to pipeline facilities, human beings, or the environment.
United States · United States Congress · 18 May 1989
International Plutonium Control Act - Urges the President to seek negotiations with the Soviet Union on a verifiable agreement to end the production by both countries of plutonium and highly enriched uranium for weapons purposes. Expresses the sense of the Congress that the United States and the Soviet Union should: (1) establish verification arrangements to monitor the cessation of activities under this Act, including mutual inspections of production reactors, chemical separation and uranium enrichment facilities, and isotope separation plants; (2) furnish the equipment and personnel to implement safeguards at civilian nuclear facilities and consider transferring the safeguards mission to the International Atomic Energy Agency; and (3) consider increasing their respective contributions to the Agency to fund the assignment of fully trained inspectors to each country to assume additional safeguards responsibilities at civilian nuclear facilities. Urges the President to seek agreement with the Soviet Union that the United States and the Soviet Union will: (1) exchange information on the location, mission, and maximum annual capacity of their facilities essential to the production of tritium for stockpile replenishment; and (2) provide to each other a complete inventory of facilities dedicated to the production of plutonium and uranium for weapons purposes. Prohibits funds from being obligated or expended by the United States to operate facilities dedicated to the production of plutonium for weapons purposes unless the President certifies to the Congress that: (1) the Soviet Union has refused to enter in good faith into the negotiations; (2) the United States is unable to determine that Soviet facilities producing plutonium have ceased operation; or (3) the Soviet Union is continuing to obtain plutonium by operating civilian chemical separation plants that are not under bilateral U.S.-Soviet safeguards.
United States · United States Congress · 18 May 1989
Expresses the sense of the Congress that the Secretary of State should direct the Agency for International Development to restore the annual contribution of the United States to the United Nations Population Fund.
United States · United States Congress · 18 May 1989
Expresses the sense of the Congress that the Secretary of the Interior should take expedited action to list the African elephant as an endangered species under the Endangered Species Act.
United States · United States Congress · 17 May 1989
Radioactive Materials Transportation Protection Act of 1989 - Amends the Hazardous Materials Transportation Act to direct the Secretary of Transportation to file an environmental impact statement which includes consideration of alternative modes of transporting radioactive materials (including barges) when the Secretary determines the travel route for any shipment of a controlled quantity of radioactive materials into or through a high-density metropolitan area. Applies this Act to any route determination made as of January 19, 1981.
United States · United States Congress · 17 May 1989
Irrigation Subsidies Reform Act of 1989 - Amends the Agricultural Act of 1949 to prohibit a producer who receives Federal irrigation water at less than full cost from participating in any agricultural price and income support program.
United States · United States Congress · 17 May 1989
Expresses the sense of the House of Representatives that the Commission on the Bicentennial of the United States Constitution and the Secretary of Commerce should observe the U.S. census bicentennial with appropriate ceremonies and activities.
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 · 16 May 1989
Expresses the sense of the Congress that: (1) the Exxon Company must dedicate necessary resources and pay all required expenses to compensate affected parties, mitigate impacts, and complete cleanup by September 15, 1989, of Prince William Sound and other Alaska lands and waters damaged by the Exxon Valdez oil spill; and (2) the scope and thoroughness of the cleanup shall be determined by the U.S. Coast Guard to achieve maximum benefit of fish and wildlife habitat and the Alaska environment.
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
Low-Income Housing Credit Act of 1989 - Amends the Internal Revenue Code to make permanent the low-income housing income tax credit (under current law the credit will expire after tax year 1989). Permits States a one-year carryover of unused credit authority. Assigns carryovers to the Secretary of Housing and Urban Development to allocate to eligible States applying for excess credit. Allows the credit only if an extended low-income housing commitment (beyond the current 15-year period) is in effect with respect to any building for the relevant taxable year. Describes procedures to effect transition to a non-low-income use in connection with such extensions. Permits the credit in connection with the acquisition of an existing building only if the taxpayer incurs rehabilitation expenditures of at least $3,000 per unit. Revises rent restrictions to: (1) declare unnecessary a required rent reduction below the initial rent if the median gross income of the area decreases; (2) permit higher rent if units are occupied by higher income individuals and the project has an operating deficit; (3) base income limitations on the number of bedrooms in a unit; and (4) use State median gross income in certain low-income housing status determinations. Broadens categories of existing buildings eligible for a waiver of the ten-year requirement for the low-income housing credit. Revises credit provisions relating to single-room occupancy units and special needs housing. Loosens restrictions that limit credit benefits in connection with buildings financed with tax-exempt bonds and below market loans. Permits the credit to be allocated: (1) on a project basis; and (2) in connection with owner-occupied buildings of four units or less if a development plan is submitted. Directs housing credit agencies to adopt plans for allocating credit amounts among projects, prohibiting the credit with respect to any building not included in such a plan. Modifies at-risk rules in connection with buildings subject to the historic rehabilitation credit and those associated with financing provided by certain nonprofit organizations. Sets the tax credit rate on a semiannual rather than monthly basis. Increases the credit in connection with buildings in high cost areas (low-income census tracts or difficult development areas).
United States · United States Congress · 9 May 1989
Americans with Disabilities Act of 1989 - Title I: General Prohibition Against Discrimination - Declares that it shall be discriminatory, on the basis of disability, to deny opportunities or to afford them unequally, to provide opportunities less effectively (or differently or separately, unless necessary for effectiveness), to assist an organization or individual that discriminates, or to otherwise limit opportunities enjoyed by others. Prohibits the use of standards, criteria, or administrative methods that have the purpose or effect of discrimination or perpetuate discrimination. Declares it discriminatory to deny equal opportunities because of the relationship or association of an individual with another individual with a disability. Allows as a defense to a charge of discrimination that an application of standards or criteria has been demonstrated to be both necessary and substantially related to the ability of an individual to take advantage of the essential components of the opportunity, and that the taking advantage cannot be accomplished by reasonable accommodations, modifications, or the provision of auxiliary aids or services. Title II: Employment - Prohibits discrimination by any employer, employment agency, labor organization, or joint labor-management committee against any qualified individual with a disability in job application procedures, hiring or discharge, compensation, advancement, training, and other terms, conditions, and privileges of employment. Lists types of actions construed to be discrimination. Makes the remedies set forth in specified provisions of the Civil Rights Act of 1964 and other specified Federal law available to any individual who believes that he or she is being or is about to be subjected to discrimination in violation of this Act. Title III: Public Services - Declares that no qualified individual with a disability shall be excluded from the participation in, denied the benefits of, or subjected to discrimination by a State, or by an agency, political subdivision, or other instrumentality of a State. Lists types of actions deemed, for purposes of this Act and specified provisions of the Rehabilitation Act of 1973, to be discrimination with regard to public transportation. Makes the remedies and rights set forth in specified provisions of the Rehabilitation Act of 1973 available to any individual who believes that he or she is being or is about to be subjected to discrimination in violation of this Act. Title IV: Public Accommodations and Services Operated by Private Entities - Prohibits discrimination on the basis of disability in the enjoyment of any place of public accommodation. Lists types of actions construed to be discrimination. Prohibits discrimination on the basis of disability in public transportation services provided by a private entity that is primarily engaged in transporting people, but that is not in the principal business of air transportation. Lists types of actions construed to be discrimination. Makes specified provisions of the Fair Housing Act relating to enforcement available, subject to exception, to any aggrieved individual. Title V: Telecommunications Relay Services - Defines "telecommunications relay services" to mean services that enable simultaneous communication between individuals who use telecommunications devices for the deaf (TDDs) or other nonvoice terminal devices and individuals who do not use such devices. Declares it discriminatory for any common carrier that offers telephone services to the public to fail to provide interstate or intrastate telecommunication relay services that are equal to those provided to their customers who are able to use voice services, except in any State in which services are provided through an entity designated by the State. Declares it discrimination by a State that makes such a designation if the State fails to provide interstate or intrastate relay services that are equal to those provided to their voice customers. Makes specified provisions of the Fair Housing Act relating to enforcement available, subject to exception, to any aggrieved individual. Requires the Federal Communications Commission to enforce this title. Makes specified provisions of the Communications Act of 1934 apply with respect to the enforcement of this title. Provides for cease and desist orders by the Commission and for monetary penalties. Title VI: Miscellaneous Provisions - Prohibits retaliatory discrimination against any individual because of actions related to this Act. Declares that a State shall not be immune under the 11th Amendment to the Constitution from an action in Federal court for a violation of this Act. Requires the Architectural and Transportation Barriers Compliance Board to issue minimum guidelines to supplement the existing Minimum Guidelines and Requirements for Accessible Design. Allows the awarding of reasonable attorney's fees, in certain circumstances, in any action or proceeding under this Act.
United States · United States Congress · 8 May 1989
Amends the Internal Revenue Code to exclude from the gross income of an individual the following qualified employer-provided transportation benefits: (1) the value of transportation in a commuter highway vehicle between the employee's residence and workplace; and (2) up to $60 per month of the value of any transit pass entitling the employee to transportation on mass transit facilities.
United States · United States Congress · 4 May 1989
Amends the Internal Revenue Code to increase the Federal excise tax on gasoline (except gasohol) from 9.1 cents to 19.1 cents per gallon. Earmarks the increase as follows: (1) three cents to the Highway Trust Fund (HTF) for transfer to the Mass Transit Account (thereby increasing the total HTF financing rate to 12 cents per gallon); and (2) seven cents to fund deficit reduction. Suspends this deficit reduction rate in any year following a fiscal year when the Federal Government had no deficit.
United States · United States Congress · 2 May 1989
Foreign Language Competence for the Future Act of 1989 - Authorizes the Secretary of Education to make: (1) grants to higher education institutions and consortia for summer foreign language institutes for elementary and secondary school foreign language teachers; (2) allotments to State education agencies for revolving loan funds for college students majoring in elementary and secondary foreign language education; (3) matching grants to States and major metropolitan areas for foreign language institutes and world trade council units to provide language training, translation services, and information about other cultures and markets to small- and medium-sized businesses seeking to enter export markets; (4) demonstration grants to State education agencies, higher education institutions, and nonprofit education and professional associations for technology for distance learning; and (5) demonstration grants to eligible consortia for critical languages and area studies programs and other activities to improve and expand elementary and secondary foreign language instruction. Authorizes appropriations for FY 1990 through 1994.
United States · United States Congress · 2 May 1989
Requires a certain percentage of Federal fleets of passenger automobiles and light-duty trucks to be alternative fuel vehicles by specified deadlines if such vehicles are being operated in an area designated under the Clean Air Act as an area of serious health endangerment for ozone and/or carbon monoxide. Requires the Administrator of General Services and the Secretary of Defense, with the concurrence of the Secretary of Energy, to issue regulations ensuring that such vehicles shall: (1) be supplied with alcohol, natural gas, other gaseous hydrocarbons, or electricity in the primary area of operation; and (2) be operated exclusively on such fuel (except when it is impracticable to obtain it). Requires funds appropriated to implement this Act to be expended first in those areas determined by the Administrator of the Environmental Protection Agency (the Administrator) to have the most severe air pollution problems. Prescribes circumstances under which such alternative fuels shall be offered for sale to the public. Mandates that the funds appropriated for alternative fuel vehicle acquisition apply only to the portion of costs which exceeds the cost for comparable conventional fuel vehicles. Directs the Secretary of Energy to ensure that the cost to any Federal agency receiving an alternative fuel vehicle under this Act not exceed the cost to such agency of a comparable conventional fueled vehicle. Mandates that gasoline powered Federal vehicles, with specified exceptions, which are operated in an area designated as seriously endangering health for carbon monoxide, and which are not dual energy (or natural gas dual energy), be operated exclusively with fuel which blends oxygenates with gasoline at their primary fueling facility. Requires underground fuel storage equipment installed or replaced at designated Federal facilities to be capable of safely storing alcohol. Requires the Administrator to report to the Congress the results of a comprehensive analysis regarding the public health risk associated with the use of significant amounts of alcohol, natural gas, or other gaseous hydrocarbons as transportation fuels as compared to diesel and gasoline fuels. Authorizes appropriations for FY 1991. Sets forth criteria for alternative fuel vehicles. Authorizes appropriations for FY 1993 through 1996.
United States · United States Congress · 2 May 1989
Designates September 8, 1989, as National Pledge of Allegiance Day. Expresses the sense of the Congress that the Christopher Columbus Quincentenary Jubilee Commission should include the centennial observance of the Pledge of Allegiance in its commemorative activities.
United States · United States Congress · 27 April 1989
Overseas Base Closure and Realignment Act of 1989 - Establishes the Commission on Realignment and Closure of Bases Outside the United States. Requires the Commission to make recommendations with respect to the realignment or closure of U.S. military installations outside the United States and report to the Secretary and specified congressional committees the results of such recommendations. Directs the Secretary of Defense to: (1) close all military installations located outside the United States and recommended for closure by the Commission on Realignment and Closure of Bases Outside the United States; (2) realign all military installations located outside the United States and recommended for realignment by the Commission; and (3) initiate such closure or realignment no later than the earliest date on which the United States may, pursuant to treaty or other agreement with the foreign country concerned, close or realign the military installation concerned. Prohibits the Secretary from carrying out any closure or realignment under this Act unless: (1) no later than March 15, 1990, the Secretary has reported to the Senate and House Armed Services Committees that the Secretary has approved and will implement all closures and realignments recommended by the Commission; and (2) the Commission has recommended such closures or realignments and has reported such recommendations to the Committees. Prohibits the Secretary from carrying out any such closure or realignment if a joint resolution is enacted disapproving the recommendations of the Commission within a specified time. Directs the Secretary, in closing or realigning a military installation under this Act, to carry out any actions necessary to implement such closure or realignment. Waives, for purposes of this Act, any provision of law restricting the use of funds for closing or realigning military installations included in any appropriation or authorization Act. Establishes in the Treasury the Department of Defense Overseas Base Closure Account. Provides that, when a decision is made to use funds in the Account to carry out a construction project and the cost of such project will exceed the maximum amount authorized by law for a minor construction project, the Secretary shall notify the appropriate congressional committees of the nature of, and justification for, such project and the amount of expenditures for the project. Directs the Secretary, as part of each annual budget request for the Department of Defense, to transmit to the appropriate committees of the Congress: (1) a schedule of the closures and realignments to be carried out under this Act and the cost savings to be achieved; and (2) a description of the military installations to which functions are to be transferred as a result of such closures and realignments. Directs the Secretary to report to the appropriate congressional committees the amount and nature of deposits into, and expenditures from, the Account during the prior fiscal year. Outlines the legislative process for the consideration of Commission recommendations by way of a joint resolution in the Congress.
United States · United States Congress · 27 April 1989
Requires the Speaker of the House of Representatives and the President pro tempore of the Senate to establish a special joint committee to coordinate the investigations of the individual committees of Congress into the bombing of Pan American flight number 103. Requires such committee to report to the House and the Senate on its investigation.
United States · United States Congress · 26 April 1989
Automated Telephone Solicitation Protection Act of 1989 - Amends the Communications Act of 1934 with respect to automatic telephone dialing devices (telephone terminal equipment with the capacity to store or produce numbers, dial them, and deliver a prerecorded message without manual assistance). Makes it unlawful for any person in interstate or foreign communications to use such device for a telephone solicitation to a telephone customer unless: (1) the recorded message states the name and telephone number of the person initiating the call; (2) the dialer automatically terminates its connection within five seconds after the person called fails to give consent to the recorded message or hangs up his or her telephone; (3) the device does not make calls to any emergency phone numbers; or (4) the device is used only between the hours of 9 a.m. and 5 p.m. States exceptions to such prohibition. States that a $5,000 limitation on certain forfeiture penalties under such Act does not apply to violations of such prohibition. Requires the Federal Communications Commission and the Federal Trade Commission to jointly study and report to the Congress on the practicality and constitutionality of a complete ban on the use of automatic dialing devices to deliver telephone solicitations.
United States · United States Congress · 25 April 1989
Amends rule IV of the Rules of the House of Representatives to direct the Sergeant-at-Arms to obtain and distribute the customary metal tags provided for under the District of Columbia Traffic Act, 1925 which identify congressional vehicles.
United States · United States Congress · 18 April 1989
Designates December 21, 1989, as a national day of mourning for the victims of the crash of Pan American Airways Flight 103. Expresses the sense of the Congress that the United States should: (1) determine the cause of the crash; and (2) identify those responsible for the crash and bring them to justice.
United States · United States Congress · 18 April 1989
Expresses the sense of the House of Representatives that: (1) every effort should be undertaken to bring those responsible for the bombing of Pan American flight 103 to justice; and (2) steps should be taken to ensure the future safety of airline passengers.
United States · United States Congress · 13 April 1989
Authorizes the Raoul Wallenberg Tribute Committee to establish a work to honor Raoul Wallenberg on Federal land in the District of Columbia or its environs. Prohibits the United States from paying any expense of the establishment of the work.