United States · United States Congress · 4 October 1989
Global Environmental Standards Reporting Act - Directs the Environmental Protection Agency to report annually to the Congress on: (1) environmental laws in major trading countries, including members of the Organization for Economic Cooperation and Development, Brazil, Mexico, South Korea, and Taiwan; (2) progress in compliance with such laws in such countries and the United States; and (3) governmental financial assistance, including tax incentives, grants, and low interest loans to industry to achieve compliance with such laws.
United States · United States Congress · 4 October 1989
Requires vessels traveling from outside the Great Lakes bound for a U.S. port in the Great Lakes to exchange their ballasts prior to entering the Saint Lawrence Seaway.
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 · 28 September 1989
Centralized Certification of Socially and Economically Disadvantaged and Women Owned Business Enterprises Act of 1989 - Mandates that any entity seeking certification as a socially and economically disadvantaged business enterprise or as a women owned business enterprise in order to participate in any federally funded program must submit a request for such certification to the Administrator of the Small Business Administration. Provides that such certification shall be the only one required under any such program. Directs the Administrator to promulgate certification standards. Declares that the community property laws of a jurisdiction shall not apply with respect to such certification.
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 · 28 September 1989
Authorizes the Secretary of Agriculture to make grants to aid businesses unable to secure credit and create jobs in rural areas. Amends the Consolidated Farm and Rural Development Act to increase annual water and waste facility assistance limits. Authorizes the Secretary to provide water and waste facilities loans to specified rural entities. Authorizes the Farm Credit System to provide loans and other financial assistance to rural sewer and water projects. Establishes in the Farmers Home Administration a national rural waste water circuit rider grant program. Amends the Rural Electrification Act of 1936 to establish: (1) a technical assistance unit; and (2) an Assistant Administrator for Economic Development. Amends the Consolidated and Rural Development Act to authorize a rural business development grant program. Directs the Secretary to establish within the National Agricultural Library a National Rural Assistance Information Clearinghouse. Treats a rural county experiencing specified population reduction as a labor surplus area.
United States · United States Congress · 27 September 1989
Designates November 11, 1989, as Washington Centennial Day in recognition of the economic, social, and historic contributions of the State of Washington to the United States over the past century.
United States · United States Congress · 27 September 1989
Expresses the sense of the Congress that in recognition of several significant steps that Angola has taken toward peace, national reconciliation, and economic reform it is in the interest of the United States to take steps to normalize relations with the Government of Angola, including: (1) establishing a U.S. liaison office in Luanda; (2) supporting Angola's full participation in multilateral development institutions; and (3) providing humanitarian assistance.
United States · United States Congress · 26 September 1989
Crime Awareness and Campus Security Act of 1989 - Amends the Higher Education Act of 1965 (the Act) to require, under specified student aid program participation agreements, each institution of higher education to certify that it: (1) has established a campus security policy; and (2) will submit an annual uniform crime report to the Federal Bureau of Investigation, as prescribed by the Attorney General. Requires each eligible institution of higher education participating in any program under student assistance (title IV) provisions of the Act, to prepare, publish, and distribute to all current students and employees, and to any applicant for enrollment or employment, upon request, an annual report containing specified types of information with respect to its campus security policies and campus crime statistics. Requires each such institution to make interim reports on specified types of crimes reported to campus security or local law enforcement authorities, and to distribute such reports to students and employees in a timely manner. Directs the Secretary of Education periodically to survey campus security policies, procedures, and practices and disseminate information on those that have been effective in reducing campus crime.
United States · United States Congress · 21 September 1989
Railroad Reorganization Public Interest Protection Act - Amends the Federal bankruptcy code to mandate that in any railroad reorganization scheme (except with respect to rolling stock equipment) the public interest in continued rail service must be considered by the court and the trustee in addition to the interests of debtors, creditors, and equity security holders.
United States · United States Congress · 19 September 1989
Requires the Director of the United States Information Agency to make available to the Archivist of the United States a copy of the film entitled A Tribute to Mickey Leland . Archivist to deposit the film in the National Archives and to make copies of it available for domestic purchase and viewing upon the securing of, and payment for, U.S. rights and licenses by the person seeking its release.
United States · United States Congress · 19 September 1989
Amends the Federal Cigarette Labeling Advertising Act to make unlawful cigarette and little cigar advertisements which appear in publications with readerships primarily under age 21, which suggest smoking is related to social success or sexual attraction, which depict individuals appearing to be under age 25, which depict smoking by well-known athletes, which depict smoking in association with stamina or athletic conditioning, or which depict as a smoker a celebrity having special appeal to youth. Makes it unlawful to distribute samples of cigarettes or little cigars to youth, near youth centers and schools, or at youth events.
United States · United States Congress · 19 September 1989
Expresses the sense of the House of Representatives that the Government of Yugoslavia should: (1) guarantee its citizens fundamental human rights and freedoms; (2) grant unconditional amnesty to all political prisoners; (3) dismiss the charges against human rights activist Dobroslav Paraga, allow him and his family to return to their home, and stop harassing them; and (4) investigate the death of Ernest Brajder, who reportedly died under "mysterious circumstances," and make the findings public.
United States · United States Congress · 12 September 1989
Directs the Secretary of Education to make a grant to Jackson State University in Jackson, Mississippi, to establish the Margaret Walker Alexander National African-American Research Center on its campus in recognition of, and to commemorate, the literary contributions of Margaret Walker Alexander. Requires the application for the grant to contain provisions to ensure that the Center will serve as a national center for the study, research, and teaching of African-American literature and history and as a repository for papers and memorabilia relating to the lives of individuals noted for their work in African-American literature and history. Authorizes appropriations for FY 1990.
United States · United States Congress · 12 September 1989
Designates October 27, 1989, as National Hostage Awareness Day in recognition of the 42d birthday of Terry Anderson and his fifth year in captivity. States that efforts should be made to have such date declared International Hostage Day by the United Nations. States that all Federal and international agencies should increase efforts to secure the release of the remaining hostages in Lebanon. Calls for prayer on such date for the release of all U.S. and foreign hostages in Lebanon.
United States · United States Congress · 11 September 1989
Disadvantaged Minority Health Improvement Act of 1989 - Title I: Health Promotion and Disease Prevention for Minorities - Subtitle A: Programs for Minorities Generally - Amends the Public Health Service Act (PHSA) to provide for the establishment of an Office of Minority Health. Authorizes the Secretary of Health and Human Services to make grants and contracts for research, training, education, epidemiological studies, and data collection with respect to the prevention and control among minority groups of diseases or other adverse health conditions. Authorizes appropriations. Directs the Secretary to administer provisions of the PHSA in cooperation with specified types of individuals, agencies, and organizations. Directs the Secretary to make grants or contracts for new and innovative programs in health information and health promotion, preventive health services, and education in the appropriate use of health care, specifically targeted at improving the health status of disadvantaged minorities. Authorizes appropriations. Subtitle B: Programs for American Samoa - Directs the Secretary to make grants or contracts for health promotion and disease prevention services for American Samoans living in the continental United States and the State of Hawaii. Authorizes appropriations. Title II: Disadvantaged Minorities in Health Professions - Subtitle A: Health Professions Generally - Requires that the Federal capital contribution and the school contribution to a student loan fund under existing provisions be used only for making loans to individuals from disadvantaged backgrounds. Authorizes appropriations. Authorizes the Secretary to make grants to health professions schools for scholarships to full-time students who are members of underrepresented minority groups and are from disadvantaged backgrounds. Authorizes appropriations. Directs the Secretary to establish a loan repayment program to assure an adequate supply of health professionals who are members of underrepresented minority groups and from disadvantaged backgrounds. Requires that loan recipients agree to accept a full-time faculty appointment at certain schools for at least two years. Authorizes appropriations. Subtitle B: Nursing - Authorizes the Secretary to make grants to schools of nursing for scholarships for full-time students who are members of underrepresented minority groups and from disadvantaged backgrounds. Authorizes appropriations. Directs the Secretary to establish a loan repayment program for full-time students in their final year of study who are members of underrepresented minority groups and from disadvantaged backgrounds. Requires that loan recipients agree to accept a full-time faculty appointment at certain schools for at least two years. Authorizes appropriations. Title III: Coordination of Federal Expenditures for Health Programs of Trust Territories of the Pacific Islands - Directs the Secretary to establish the Pacific Basin Health Services Council to monitor the need for health services and health professions development in the Pacific Basin and to establish priorities for the expenditure of public health funds in the Pacific Basin. Defines Pacific Basin to mean the federated States of Micronesia, the Republic of Palau, the Republic of the Marshall Islands, the Commonwealth of the Northern Mariana Islands, Guam, and American Samoa. Requires the Council to give first priority in expending funds to continuing a specified medical officer training program. Authorizes appropriations.
United States · United States Congress · 11 September 1989
Commends and expresses support for President Barco and the Government and people of Colombia for standing up to the drug traffickers. Urges the administration to continue to make available whatever equipment, training, intelligence, and financial assistance that Colombia needs to overcome the activities of the drug traffickers.
United States · United States Congress · 6 September 1989
Drug Paraphernalia Control Act of 1989 - Establishes criminal penalties for the possession, sale, delivery, manufacture, or advertisement of drug paraphernalia. Defines "drug paraphernalia" and sets forth guidelines for determining whether an object falls within such definition. Provides for enhanced penalties for delivery of drug paraphernalia to a minor. Includes drug paraphernalia within the civil forfeiture provisions of the Controlled Substances Act. Directs the Administrator of the Drug Enforcement Administration (DEA) to establish within the DEA a task force to monitor enforcement of this Act.
United States · United States Congress · 4 August 1989
Fish and Fish Products Safety Act of 1989 - Amends the Federal Food, Drug, and Cosmetic Act to deem fish and fish products unsafe for human consumption if they: (1) contain a chemical or microbiological contaminant, parasite, or toxin (CPT) exceeding an established standard or for which no standard has been established; or (2) are harvested in a fish adulteration area. Deems an area to be a fish adulteration area unless there is in effect a State program regulating area shellfish harvesting or if the State has prohibited shellfish harvesting in the area. Directs the Secretary to establish standards for: (1) such CPTs; and (2) sanitation and quality control for processing of fish and fish products. Provides for an official mark, displayed on labels, signifying compliance with the processing standards. Deems a food adulterated if it is deemed unsafe under this Act or if any of it has been processed in violation of the sanitation and quality control standards of this Act. Deems a food misbranded if its label contains an official mark not authorized under this Act. Provides for: (1) a study by the National Academy of Sciences to identify fish CPTs; and (2) regulations to implement this Act. Requires any person who owns or operates a fish processing facility and any fish importer to: (1) register annually with the Secretary of Health and Human Services; and (2) notify the Secretary of any product which the person has stopped processing or importing or has recalled, including the reasons for doing so. Directs the Secretary to conduct announced and unannounced inspections of fish processing facilities. Allows the Secretary to: (1) authorize State agencies to conduct the inspections; and (2) pay up to half of the State cost of the inspections. Directs the Secretary to: (1) issue regulations regarding the inspections, including requirements for a system to trace contaminated fish; (2) conduct monitoring of fish from fish harvest areas and after harvest; and (3) if the fish from a particular harvest area are likely to exceed CPT standards, or contain a CPT for which no standard has been established, to designate the area as a fish adulteration area. Deems an imported fish or fish product misbranded unless its label discloses the country from which it is imported. Provides for civil and criminal penalties for violations of this Act. Directs the Secretary to establish a public awareness program on the handling and preparation of fish and fish products. Authorizes the Secretary to conduct, directly or through grants or contracts, research and demonstrations to assist in implementing this Act. Directs the Secretary, through the Centers for Disease Control, to establish an active surveillance system to provide an estimate of the frequency of human disease in the United States associated with the consumption of fish and fish products.
United States · United States Congress · 4 August 1989
Older Workers Benefit Protection Act - Amends the Age Discrimination in Employment Act of 1967 (ADEA) to specify that it prohibits discrimination against older workers in all employee benefits except when age-based reductions in employee benefit plans are justified by significant cost considerations. Declares that, as used in ADEA, the phrase "compensation, terms, conditions, or privileges of employment" encompasses all employee benefits, including those provided under a bona fide employee benefit plan. Requires that the actual amount of payment made or cost incurred on behalf of an older worker be no less than that made or incurred on behalf of a younger worker, for each benefit or benefit package, in order for an employee benefit plan not to violate ADEA. Places on the employer, employment agency, or labor organization the burden of proving, in any civil enforcement proceeding brought under ADEA, that specified actions are lawful. Requires a seniority system or employee benefit plan to comply with ADEA regardless of the date of adoption of such system or plan. Applies this Act to all actions or proceedings under ADEA that were brought after June 23, 1989, or that were pending on such date (which is the date on which the Supreme Court issued the decision in Public Employees Retirement System of Ohio v. Betts).
United States · United States Congress · 4 August 1989
Yosemite National Park Centennial Medal Act - Directs the Secretary of the Treasury to strike and sell not more than 750,000 gold, silver, and bronze medals in commemoration of the centennial of Yosemite National Park, California, in 1990. Requires that all sales of such medals include a surcharge of $35 per medal for the gold medals, $7 per medal for the silver medals, and $2 per medal for the bronze medals. Requires that all surcharges be paid to an endowment fund for the benefit of the Park to be administered by the National Park Foundation. Requires that the interest from the fund be paid to the Secretary of the Interior to fund special supplemental projects relating to back country trail development and rehabilitation and the preservation of Sequoia groves within the boundaries of the Park. Requires the Secretaries to enter into a memorandum agreement to allow: (1) the Secretary of the Treasury to deliver medals to the Secretary of the Interior; and (2) the Secretary of the Interior to provide for the sale of the medals in National Park facilities. Grants the Comptroller General the right to examine all records of the National Park Foundation which are related to such medals. Provides that no medals may be struck after December 31, 1991.
United States · United States Congress · 4 August 1989
Radiation and Toxic Substances Research Reorganization Act of 1989 - Transfers to the Secretary of Health and Human Services (Health Secretary) the authority of the Secretary of Energy (Energy Secretary) to conduct, under specified provisions of the Energy Reorganization Act of 1974 and any other law, epidemiological studies of the effects of workplace and public exposure to radiation and toxic substances. Transfers related positions, property, records, obligations, commitments, and unexpended appropriations. Directs the Health Secretary to undertake a comprehensive program of epidemiological research into the health effects of workplace and public exposure to radiation and toxic substances with the aim of identifying the nature and magnitude of the risk to the public and to the workforce of Department of Energy (DOE) facilities resulting from activities of the DOE and its predecessors. Directs the Energy Secretary to submit to the Health Secretary and the Congress: (1) a complete listing of data and records held or maintained by the DOE and of potential use in the conduct and evaluation of epidemiological and related studies; and (2) a complete record of funds expended by that department on research related to the health effects of workplace and public exposure to radiation and toxic substances during each of the five years preceding enactment of this Act. Directs the Energy Secretary to provide to the Health Secretary access to all data and records not transferred to the Department of Health and Human Services (HHS) under other provisions of this Act if the records are deemed by the Health Secretary to be useful to epidemiological research, health risk assessments, and related studies, and if confidentiality requirements are met. Directs the Health Secretary to grant access to the public to data held or developed by HHS, including data obtained from DOE, in accordance with the established practices of HHS. Authorizes the Health Secretary to: (1) undertake such research into radiation releases, dose reconstruction, toxic substances exposures, and health risk assessments, as necessary to carry out the function transferred under specified provisions of this Act; and (2) review research conducted by DOE, after enactment of this Act, relating to such matters. Directs the Health Secretary to conduct a comprehensive review of: (1) existing epidemiological studies relating to health effects of exposure to such radiation and toxic substances as may present a threat to occupational or public health at DOE facilities; and (2) existing and ongoing health risk assessments and studies relating to such radiation releases, dose reconstruction, and toxic substance exposures as may present a threat to occupational or public health at DOE facilities. Establishes the Advisory Panel on Radiation and Toxic Substances Research to advise the Health Secretary in carrying out the function transferred from the Energy Secretary under this Act. Declares that it is the sense of the Congress that the funding level to be provided each fiscal year to HHS for carrying out the function transferred by this Act should be at least as much as the greatest of the annual amounts reported by the Energy Secretary under provisions of this Act. Directs the Energy Secretary to reimburse HHS for all costs of carrying out the transferred function out of funds appropriated to the Energy Secretary. Allows funds provided to HHS for the purposes of this Act to be used to support: (1) a program of epidemiological research into the health effects of workplace and public exposure to radiation and toxic substances, and for other uses as the Secretary considers appropriate; and (2) activities of State public health agencies that are compatible with the purposes of this Act.
United States · United States Congress · 4 August 1989
Science Museum Assistance Act - Directs the National Science Foundation (NSF) to establish: (1) a merit based, competitive program of awards to science museums to make their services more available and to foster their involvement in local science and technology education; and (2) a peer review process to select award recipients. Sets forth selection criteria. Requires the program established under this Act to be administered through the Science and Engineering Education activity at the NSF. Authorizes appropriations for FY 1990 and subsequent fiscal years.
United States · United States Congress · 4 August 1989
Expresses the sense of the Congress that the President: (1) is to be commended for his actions thus far in combatting terrorism; (2) should aggressively pursue increased cooperation with our allies and with the Soviet Union in preventing and responding to terrorism; and (3) should immediately conduct a comprehensive assessment of U.S. antiterrorism policy by reviewing the 1986 Report of the Vice President's Task Force on Combatting Terrorism. Specifies that such review should include recommendations for changes in laws, policies, and regulations necessary to protect commercial air transport and on policy criteria for determining when, if, and how to use force to preempt, react to, and retaliate in the event of terrorist incidents. Provides that the result of such review should be made available to the Congress and the public in an unclassified form. Urges the President to: (1) take actions in cooperation with the Congress designed to implement recommendations resulting from such review; (2) persist in his efforts to combat terrorism; and (3) announce publicly the determination of the United States to act firmly and decisively in pursuing every available legal means to eliminate terrorism and bring terrorists to justice.
United States · United States Congress · 4 August 1989
Expresses sorrow to the family of Lieutenant Colonel William Higgins over his reported murder and to the families of hostages of all nationalities being held in Lebanon. Recognizes that Iran is both directly and indirectly responsible for the captivity of the American hostages and the reported murder of Lt. Col. Higgins. Commends the President and the Secretary of State for doing everything in their power to deter further threats to the American hostages. Urges: (1) the President to express to the Government of Iran that the United States holds Iran responsible for Lt. Col. Higgins' death, the captivity of the remaining hostages, and all Hezbollah-sponsored terrorism; and (2) the President and the Secretary of State to continue exploring all possible channels for freeing the hostages and bringing those responsible for such acts to justice.
United States · United States Congress · 3 August 1989
Adult Literacy and Employability Act of 1989 - Title I: Literacy Coordination - Establishes a Joint Presidential-Congressional Task Force on Adult Literacy. Requires the Task Force to report to the Council for Literacy Coordination established by this Act. Terminates the Task Force six months after its last member is appointed. Authorizes appropriations for the Task Force for FY 1990. Establishes the Cabinet Council for Literacy Coordination (the Council). Requires the Council to report annually to the Congress and the President. Authorizes appropriations for the Council for FY 1990 through 1993. Amends the Department of Education Organization Act to establish in the Department of Education an Office of Adult Literacy, to be administered by a Director of such Office. Requires the Director to: (1) coordinate the administration of literacy programs within the Department; and (2) work with the Cabinet Council for Literacy to coordinate related activities. Establishes the National Center for Adult Literacy as a nonprofit corporation which will not be an agency or establishment of the Federal Government. Divides the Center into a research institute, a technical assistance and training institute, and a policy analysis institute. Requires an annual report to the Congress. Authorizes appropriations for the Center for FY 1990 through 1994. Directs the Chairperson of the Council to make grants to States for a network of State or regional adult literacy resource centers. Authorizes appropriations for such grants for FY 1990 through 1992 and succeeding fiscal years. Requires each State that receives adult literacy assistance under an applicable Federal program to: (1) establish a State advisory board on literacy; and (2) submit a State literacy coordination plan. Requires the State Governor to report annually to the Council. Title II: Investment in Literacy - Amends the Adult Education Act (AEA) to increase and extend through FY 1995 the authorization of appropriations for AEA programs. Revises allotment provisions. Requires limitations on the use of funds to: (1) eliminate a cap on high school equivalency certificate programs; and (2) require that a specified amount be used to support adult education and literacy services provided by community-based organizations and nonprofit volunteer agencies. Includes among projects for which State must expand a portion of their AEA allotments: (1) development and expansion of innovative programs; and (2) support for statewide volunteer technical assistance activities. Eliminates certain maintenance of effort requirements. Authorizes the Chairperson of the Council to make matching challenge grants to State for investment in adult literacy instruction staff training and educational technology. Allows States, for purposes of matching such grants, to reserve specified portions of funds for FY 1990 through 1995 under specified Federal laws. Requires that States receiving such grants make available federally-assisted adult literacy program equipment, facilities, or training services, when not in program use or when surplus capacity exists, to other adult literacy programs (without charge or in certain circumstances at cost). Authorizes appropriations for such challenge grants for FY 1990 and succeeding fiscal years. Establishes a Literacy Leader Training Fund. Directs the Secretary of Education (the Secretary), through the Office of Adult Literacy, to make scholarship grants from the Fund to individuals pursuing careers in adult education, instruction, management, research, or innovation, for education or research to expand their expertise. Authorizes appropriations for such purposes for FY 1990 and succeeding fiscal years. Amends the Library Services and Construction Act (LSCA) to establish a library literacy demonstration program. Directs the Secretary to make grants to State and local public libraries for model innovative programs for delivery of adult literacy services, including development of technology-based centers. Requires that a peer review panel advise on grant criteria and application review, and that an expert in library literacy activities administer such program in the Department of Education. Authorizes appropriations for FY 1990 through 1994 for such library literacy demonstration program. Extends through FY 1994 the authorization of appropriations for other LSCA library literacy programs. Title III: Family Literacy - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary to carry out through the Office of Adult Literacy the Secretary's functions under the Even Start program (which integrates early childhood education and adult education for parents). Title IV: Workplace Literacy - Amends the Job Training Partnership Act (JTPA) to provide for workplace literacy skills and programs. Revises State education coordination and grant programs to provide financial assistance for any State education, labor, or economic development agency (or consortia) to enhance provision of statewide workplace literacy training and education through cooperative agreements between appropriate agencies and organizations. Requires that at least 75 percent of funds for such activities be used to improve program quality by means such as application of learning technology, model program development, and investment in staff training and services targeted at participants lacking workplace skills. Revises general program requirements for the service delivery system to require private industry councils to give priority to participant placements with businesses and industries that have a workplace literacy program or are willing to develop one with other public and private agencies. Makes individuals lacking workplace literacy skills eligible for adult and youth training program services. Requires, beginning in program year 1990, that at least 40 percent of adult program participants in each service delivery area (SDA) be in need of and be offered basic training through an individual workplace literacy plan. Requires assessment and testing of each potential participant's workplace literacy skills and employment skills. Allows participants who have been placed in employment to continue workplace literacy training until they have achieved their goal or for at least two years, whichever is earlier. Requires SDAs to provide such training for such duration to participants who need and would benefit from it. Allows such training to include workplace literacy training and English-as-a-second-language. Requires such activities to be described in an individualized workplace literacy plan for each participant, including goals based on participant needs. Requires that eligible dislocated workers lacking workplace literacy be offered basic skills training for at least a two-year period from the date of entry into the program. Establishes a Workplace Literacy Demonstration Program. Authorizes the Secretary of Labor to make grants for joint ventures of business, industry, or labor (or consortia) cooperating with State, County, or local governments or private industry councils (or consortia) to provide large-scale model development approaches to improving the basic workplace skills of the workforce. Requires the use of such funds for: (1) basic skills training; (2) specific program offerings; (3) assessments of individual and workplace skill needs; (4) program evaluations; and (5) technology-based learning environments. Sets forth matching requirements for grantees. Requires independent evaluation of such programs. Authorizes appropriations for FY 1990 through 1995 for such programs.
United States · United States Congress · 3 August 1989
Small Business Employee Child Care Act of 1989 - Title I: Grants for Child Care Services Clearinghouses - Authorizes the Secretary of Health and Human Services (the Secretary) to make grants to eligible States to establish or operate a child care services clearinghouse to carry out specified activities, including activities relating to small businesses and their employees. Sets forth reporting requirements. Authorizes appropriations to carry out this title. Title II: Child Care Grants - Authorizes the Secretary to make grants to eligible community-based nonprofit private child care providers to provide child care services. Sets forth application requirements, including consultation with small businesses and local governments. Sets forth grant limitations. Authorizes appropriations for FY 1990 through 1993 to carry out this title. Title III: General Provisions - Sets forth definitions and an effective date for purposes of this Act.
United States · United States Congress · 3 August 1989
Declares that the Congress acknowledges and appreciates the commitment, devotion, and sacrifices of present and former military families. Designates November 20, 1989, as National Military Families Recognition Day.
United States · United States Congress · 2 August 1989
Steel Fair Trade Review Act - Requires the President to submit to the Congress a report concerning progress achieved, pursuant to the steel trade liberalization program, on an international consensus to remove trade distorting practices in global steel markets. Specifies the issues such report must address.
United States · United States Congress · 2 August 1989
Economic Equity Act of 1989 - Title I: Employment - Subtitle A: Pay Equity Technical Assistance to Public and Private Sector - Pay Equity Technical Assistance Act - Directs the Secretary of Labor to develop and implement a continuing program of information dissemination, research, and technical assistance to public and private entities with respect to correction of wage-setting practices, and reduction or elimination of wage disparities, to the extent that they are based on the sex, race, or national origin of the employee, rather than on the work performed and other appropriate factors. Subtitle B: Legislative Pay Equity Commission and Study - Establishes a Commission on Employment Discrimination in the Legislative Branch. Directs the Commission to: (1) employ a nongovernmental consultant to study the compensation paid to Library of Congress personnel and analyze personnel policies of the Library; (2) evaluate the compensation system of the Library for compliance with title VII of the Civil Rights Act of 1964 and make any recommendations needed to achieve compliance; (3) develop a plan for the application of title VII throughout the legislative branch; and (4) make recommendations to the Congress for improvement of personnel policies and practices in the legislative branch. Directs the Commission to submit a final report to the Congress 18 months after enactment of this Act. Terminates the Commission 30 days after submission of the final report. Subtitle C: Extension of Benefits to Part-Time and Temporary Workers - Part-Time and Temporary Workers Protection Act of 1989 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to bring certain part-time employees within the participation, vesting, and accrual rules governing pension plans. Addresses any employee who, within a relevant 12-month period: (1) has customarily completed more than 500 but fewer than 1,000 hours of service; or (2) is employed in a type of position in which employment customarily consists of such a number of hours. Provides that completion of such hours of service will be treated as completion of 1,000 hours of service (thereby bringing the employee within the ERISA benefit framework). Permits a reduction in the employer-provided premium under a group health plan in the case of a part-time employee only when such employee: (1) has customarily completed fewer than 30 hours of service per week; or (2) is employed in a type of position in which employment customarily consists of such a number of hours. Limits such a premium reduction, when permissible, to not less than a ratable portion of the premium ordinarily provided in the case of an employee who completes 30 hours of service per week. Revises the ERISA definition of "employee" to include non-employees who, pursuant to a contract or agreement, provide employee-like services to an employer for at least one year at the rate of 500 or more hours per year. Subtitle D: Federal Council on Women - Federal Council on Women Act - Establishes a Federal Council on Women to: (1) collect and evaluate information with respect to any problems that are particular to women in the United States; (2) review and evaluate Federal policy related to any such problems; (3) coordinate the activities of the Council with similar activities conducted by States, local governments, and concerned organizations; and (4) make recommendations. Directs the Council to report its findings and recommendations to the Congress. Authorizes appropriations. Subtitle E: Maintenance of Sex Equity Set-Asides in Vocational Education Programs - Amends the Carl D. Perkins Vocational Education Act (the Act) to include displaced homemakers in the vocational education program for single parents or homemakers. Makes single pregnant women eligible for such program. Directs the administrator of such program, and of the sex equity program, to: (1) distribute to community-based organizations the State allotment for such programs on a competitive basis; and (2) develop procedures for appropriate data collection from fund recipients for program evaluation. Requires States to: (1) develop an annual plan for use of funds; (2) manage funds distribution; (3) monitor recipients' use of funds; and (4) evaluate program effectiveness. Provides for pre-vocational services to single parents, single pregnant women, homemakers, and displaced homemakers. Allows use of funds for dependent care (currently only child care) as part of such services. Directs the Secretary of Education to conduct biennial oversight visits to the States to determine if funds for programs for single parents, single pregnant women, and for elimination of sex bias and stereotyping in secondary and postsecondary education are being allocated, distributed, and used in accordance with the Act. Provides that assistance under the Act shall not effect an individual's eligibility for assistance under other Federal programs. Directs the General Accounting Office, within 18 months, to conduct a study of State compliance with specified assurances required under the Act. Subtitle F: Women in Business Procurement Assistance - Women's Business Procurement Assistance Act of 1989 - Amends the Small Business Act to add to existing goals for participation of small business concerns in Federal procurement contracts the participation of small business concerns owned and controlled by women. Requires the head of each Federal agency to report to the Small Business Administration (SBA) on the extent that small business concerns owned and controlled by women participate in procurement contracts and subcontracts. Declares it is the policy of the United States that small business concerns owned and controlled by women shall have the maximum opportunity to participate in the performance of contracts and subcontracts let by any Federal agency. Precludes the award of any contract unless the procurement authority determines that the offeror's plan includes the maximum opportunity for participation of small business concerns owned and controlled by women. Authorizes any Federal agency, when dealing with negotiated contracts, to provide such incentives as it may deem appropriate in order to encourage subcontracting opportunities for small business concerns owned and controlled by women. Requires the SBA to report annually to certain congressional committees on subcontracting plans found acceptable by any Federal agency which the SBA determines do not contain maximum opportunities for small business concerns owned and controlled by women. Requires the Director of Small and Disadvantaged Business Utilization for each Federal agency to designate an employee of that Director's office to be a Women-in-Business Specialist. Requires each Federal agency having procurement powers to affirmatively solicit offers from small business concerns owned and controlled by women and socially and economically disadvantaged individuals. Title II: Economic Security - Subtitle A: Earnings Sharing by Married Couples - Social Security Modernization Act - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that the combined earnings of a married couple which are attributable to the period of their marriage shall be shared equally between them for purposes of determining the eligibility for and amount of OASDI benefits to which each spouse is or may become separately entitled. Credits the survivor of the marriage with 100 percent of the combined total wages for the period of the marriage. Provides that this subtitle shall not apply in specified cases where it would result in a reduction of OASDI benefits. Subtitle B: Treatment of Disabled Widows and Widowers - Social Security Disabled Widow's and Widower's Equity Act of 1989 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to repeal the separate definition of disability applicable to widows and widowers. Permits the months of a widow's or widower's entitlement to Supplemental Security Income (SSI) benefits (title XVI of the Social Security Act) on the basis of a disability to be counted towards the 24 months needed to become entitled to hospital insurance benefits under Medicare (title XVIII of the Social Security Act) on that basis. Provides full widow's or widower's insurance benefits to disabled widows or widowers without regard to age. Amends the SSI program to preserve the Medicaid (title XIX of the Social Security Act) eligibility of disabled widows or widowers who become ineligible for SSI benefits upon the implementation of this Act's amendments making them eligible for, or increasing their, widow's or widower's insurance benefits. Amends the OASDI program to extend the time period during which a surviving spouse or a surviving divorced spouse must have initially become disabled in order to qualify for widow's or widower's insurance benefits before reaching age 60 in cases where such surviving spouse or surviving divorced spouse has quarters of coverage based on his or her own work after the death of the insured individual on whose wages such benefits are based. Subtitle C: Private Pension Reform - Pension Reform Act of 1989 - Amends the Tax Reform Act of 1986 to extend to all accrued benefits existing in plan year 1989 and thereafter the amendments made with regard to the nondiscriminatory coordination of defined contribution plans with Old Age, Survivors and Disability Insurance (OASDI). Amends the Internal Revenue Code (IRC) to repeal provisions that permit a certain disparity in simplified employee pension plan contributions with respect to nondiscriminatory coordination with OASDI. Provides for the repeal, effective for plan year 2000 and thereafter, of IRC rules with respect to: (1) the nondiscriminatory coordination of defined contribution plans with OASDI; and (2) pension integration exceptions. Amends the IRC to establish distinct minimum employee coverage requirements applicable in cases when an employer with respect to a plan is treated as operating a single line of business. Requires such a plan to benefit all the employer's employees. Limits the exception to minimum coverage requirements available to employers treated as operating separate lines of business for a year. Amends the IRC and the Employee Retirement Income Security Act of 1974 to eliminate the special vesting requirements governing multiemployer plans. Directs the Comptroller General of the United States, as soon as possible after this Act's enactment, to undertake thorough studies with respect to: (1) possible methods of requiring employee pension plans to provide cost of living and other adjustments to plan benefits; and (2) potential pension portability mechanisms, including ways to preserve and enhance the real value of deferred vested pension benefits. Lists specific items to be addressed in each study. Requires submission of the studies to specified congressional committees within two years of this Act's enactment. Subtitle D: Eligibility of Displaced Homemakers for First-Time Homebuyers Assistance - Displaced Homemakers and Single Parents Homeownership Assistance Act - States that displaced homemakers and single parents shall not be deemed ineligible for Federal assistance for first-time homebuyers on the basis of previous home ownership or residence while married or a homemaker. Subtitle E: Section 8 Housing Assistance for Domestic Violence Victims - Family Housing Options Program Act of 1989 - Amends the United States Housing Act of 1937 to reserve at least five percent of section 8 housing assistance for families affected by domestic violence and for homeless families. Requires administration of such program through the local public housing agencies. Permits assistance to be used in shared housing arrangements if the family receiving assistance so consents. States that rent contributions made by a family in such an arrangement shall not be considered income to the participating family for purposes of specified housing assistance eligibility. Includes among State allocation factors the number of transitional and emergency shelters, domestic violence shelters, and the number of families served by such programs. Requires: (1) each State to make an annual program report to the Secretary of Housing and Urban Development; and (2) the Secretary to include a summary of such reports in the annual section 8 report. Title III: Dependent Care - Subtitle A: Quality Child Care Demonstration Projects - Authorizes the Secretary of Health and Human Services to make grants to not more than ten eligible public agencies and private entities, in urban and rural areas, to administer child development models to increase the quality and availability of child care services. Defines "child development model," with respect to child care services, as an entity capable of providing training and on-going assistance to satellites that provide child care services to sick children or exceptional children, and which is either: (1) a child care development center providing services at a single site (or at multiple sites in reasonably close proximity) to infants, toddlers, preschool children, and school-age children; or (2) a high quality child care program capable of recruiting, training, supporting, and monitoring family child care providers. Directs the Secretary to report by April 1, 1992, to the Congress on such program. Subtitle B: Dependent Care Tax Credit Expansion - Repeals the Internal Revenue Code's nonrefundable income tax credit for employment-related dependent care expenses, replacing it with a corresponding refundable 50 percent credit, reduced (but not below 20 percent) as the taxpayer's adjusted gross income exceeds $15,000 (adjusted for inflation). Includes within the scope of the new credit up to $1,200 ($2,400 in the case of more than one qualifying individual) of respite care expenses incurred in the care of: (1) a dependent of the taxpayer who is at least 15 years old; or (2) a spouse or other dependent who is physically or mentally incapable of self-care. Subtitle C: Mortgage Financing for Family Day Care Centers - Small Day Care Center Assistance Act - Amends the Federal National Mortgage Association Charter Act and the Federal Home Loan Mortgage Corporation Act to define the term "mortgage" to include a mortgage secured by a one-to-four family residential property that is occupied as a residence and in which child care service is legally provided. Subtitle D: Flexible Work Force Tax Credit - Amends the Internal Revenue Code to permit an employer tax credit (to a maximum of two percent of wages) for one-third of the aggregate wages (to a maximum of $6,000) attributable to services performed by a full-time employee of the taxpayer who is permitted to work at home or during nonbusiness hours solely in order to reduce dependent care needs. Requires that there be at least a 20 percent reduction in the time of dependent care provided outside the employee's home. Terminates these provisions, subject to exception, after December 31, 1993. Subtitle E: Child Care Services in Transitional Housing - Transitional Housing Child Care Services Act - Amends the Stewart B. McKinney Homeless Assistance Act to authorize the Secretary of Housing and Urban Development to provide child care assistance for transitional housing residents. Subtitle F: Title XX Funding Increase - Amends title XX (Block Grants to States for Social Services) of the Social Security Act to increase the amount authorized for such program in FY 1991 and thereafter. Subtitle G: School-Based Child Care - State Dependent Care Grants Amendments Act of 1989 - Amends the State Dependent Care Development Grants Act to authorize the use of funds for operation of school-age child care services before and after school. Requires that such amounts be earmarked to enable children whose families lack adequate financial resources to participate in before or after school child care programs. Requires State Governors to include specified information in their reports on programs assisted under such Act. Extends until September 30, 1993, the period during which descriptions of intended uses of State allotments must be revised to reflect substantial changes. Title IV: Health - Subtitle A: Breast Cancer Prevention - Older Women's Breast Cancer Prevention Act of 1989 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to eliminate the cap on coverage of screening mammography. Subtitle B: Maternal and Child Health Funding Increase - Amends title V (Maternal and Child Health Services) of the Social Security Act to increase authorized appropriations for such program. Requires States, as a condition of receiving additional funds, to conduct a statewide needs assessment of maternity and infant care, including prenatal care and prevention of low birthweight and infant mortality, and to develop a plan to meet those needs. Changes State reporting requirements to monitor plan implementation results. Subtitle C: Infant Mortality Education and Health Services in Public Housing - Public Housing One-Stop Perinatal Services Act of 1989 - Directs the Secretary of Housing and Urban Development to carry out a program to demonstrate the effectiveness of grants to public housing agencies for providing facilities for one-stop perinatal services programs for pregnant women who reside in public housing. Sets forth preferences in selecting the agencies to receive grants. Limits the aggregate amount provided under these provisions for any public housing project to a specified sum. Requires services and facilities provided or assisted with grants under these provisions to comply with all applicable State and local laws, regulations, and ordinances, and all requirements established by the Secretary of Health and Human Services for such services and facilities. Authorizes appropriations. Subtitle D: Domestic Violence Judiciary Training Grants - Amends the State Justice Institute Act of 1984 to authorize the use of Institute funds to conduct up to five projects to: (1) investigate and carry out research regarding State judicial decisions relating to child custody litigation involving domestic violence; (2) develop training curricula to assist State courts to develop an understanding of, and appropriate responses to, child custody litigation involving domestic violence; and (3) disseminate the results of such investigation and research and the curricula to State courts. Authorizes appropriations through FY 1992. Subtitle E: Sense of Congress on Child Custody - Expresses the sense of the Congress that, for purposes of determining child custody, evidence of spousal abuse should create a statutory presumption that it is detrimental to the child to be placed in the custody of the abusive parent. Subtitle F: Immigration Reform for Domestic Violence Victims - Amends the Immigration and Nationality Act to permit certain battered alien spouses to apply for permanent residence without filing a joint petition (and interview) with the citizen spouse. Requires such an alien spouse to demonstrate: (1) that the marriage was entered into with good faith; and (2) evidence of physical abuse or extreme mental cruelty. Subtitle G: Long-Term Care Workers Demonstration Projects - Amends the Older Americans Act of 1965 to require the Commissioner on Aging to give special consideration to funding demonstration projects providing older individuals with the opportunity to serve as volunteers furnishing long-term care services to nursing home residents. Subtitle H: Sense of Congress on Caregivers - Declares that it is the sense of the House of Representatives that: (1) recognition and further attention should be given to the professional and personal needs of long-term care aides; (2) expanded access to health and pension benefits should be provided to such aides; (3) long-term care policy makers should recognize that problems of female household heads and minority workers affect most nursing care aides; (4) more data is needed on home health and nursing home aides; (5) expanded recruitment of specified groups should be considered to abate the long-term care aide shortage; and (6) changes should be made in nursing aide positions to ensure integration into management structures and to enhance attraction to careers in long-term care.
United States · United States Congress · 1 August 1989
High Risk Occupational Disease Notification and Prevention Act - Establishes a Risk Assessment Board (the Board), within the Department of Health and Human Services (HHS), to: (1) review pertinent medical and scientific reports on the incidence of disease associated with exposure to occupational health hazards; (2) identify and designate populations at risk that should receive notification; (3) develop a form and method of notification that will be used by the Secretary of Health and Human Services (the Secretary); and (4) determine the appropriate type of medical monitoring or beneficial health counseling. Sets forth factors for Board consideration and priorities in designating populations at risk of disease for notification. Directs the Secretary to make every reasonable effort to ensure that each individual within a population at risk of disease is notified of the risk. Requires the Secretary, through the National Institute for Occupational Safety and Health (NIOSH), to conduct the required notification, with specified exceptions. Allows an employer to apply to NIOSH for an exemption from such employee notification because that employer's employees are not at risk of disease because of significant mitigating factors. Provides for telephone "hot lines" and other dissemination of information. Authorizes the Secretary to certify a private employer or a State or local government to conduct notification. Provides for judicial review of Board determinations. Requires the Secretary to establish and certify ten occupational and environmental health centers to: (1) provide education, training, and technical assistance to personal physicians and health and social service professionals who serve employees notified that they are at risk under this Act; and (2) provide diagnosis, treatment, and medical monitoring and family services for such employees. Directs the Secretary to make grants to conduct research, training, and education aimed at improving the means of identifying employees exposed to occupational health hazards and improving medical assistance to such employees. Authorizes the Secretary to make grants and contracts for training and curriculum development in occupational medicine or health to schools of medicine and of nursing. Provides that such assistance shall be for projects: (1) at schools with occupational medicine or health programs, for faculty continuing education, curricula and training materials for undergraduate medical or nursing training, and clinical training for residents in graduate medical programs; and (2) at schools without such programs, for faculty training. Directs the Secretary, during FY 1991 through 1993, to make such grants and contracts to at least ten schools of medicine or nursing. Requires that the medical monitoring recommended by the Board be provided by the current employer: (1) at no additional cost to the employee (above any existing employee health care contribution), if any part of the exposure occurred in the course of employment by that employer; or (2) at a charge to the employee not exceeding the additional cost to the employer (above any existing employer health care contribution), or at no charge, if no part of such exposure occurred in the course of employment by that employer. Sets forth special rules for medical monitoring by small businesses and of seasonal agricultural workers. Prohibits discharging or discriminating against employees, or applicants for employment, on the basis that they are or have been members of a population at risk. Makes an exception to such prohibition if the position which the applicant seeks requires exposure to the occupational health hazard which is the subject to the notice. Allows an employer with 50 or fewer employees to transfer an employee who is or has been a member of a population at risk to another job if earnings, seniority, and other employment rights and benefits are as comparable as possible to the old job and if the terms of an applicable collective bargaining agreement are not violated. Grants the option of being transferred to a less hazardous or nonexposed job to any employee member of a population at risk who is determined by a physician to show evidence of developing the disease described in the notice or other symptoms or conditions increasing the likelihood or incidence of such disease. Requires that the employee maintain earnings, seniority, and other employment rights and benefits of the former job. Sets forth procedures for independent reconsideration of the initial medical determination. Sets forth special rules for medical removal. Makes such protection inapplicable to seasonal agricultural workers with less than six months continuous employment with an employer. Exempts from the requirement of medical removal protection any employer who has 50 or fewer employees and who has made or is making a reasonable good faith effort to eliminate the occupational health hazard that is the basis for the medical removal decision. Provides for confidentiality of employee records unless disclosure is authorized by and is necessary to carry out a provision of this Act, or is authorized by the employee. Permits employees aggrieved by violations of provisions involving medical monitoring, medical removal, discrimination, and confidentiality to apply, within six months after the violation occurs, to the Secretary of Labor for a review of the alleged violation. Sets forth provisions for investigations, actions, defenses, determinations, and appeals in such cases. Provides for reinstatement and other relief for employees injured by such violations. Sets forth civil penalties for such violations. Authorizes the Secretary (of HHS) to bring an action in U.S. district court to enjoin an employer from violating this Act. Directs the Secretary of Labor to report annually to the Congress on the implementation and enforcement of the hazard communication standard. Directs the Secretary of HHS to report annually to the Congress on the implementation and enforcement of notification under this Act. Authorizes appropriations for FY 1989 through 1993.
United States · United States Congress · 31 July 1989
Benjamin Franklin National Memorial Commemorative Coin Act - Requires the Secretary of the Treasury to issue a specified number of five-dollar gold coins, one-dollar silver coins, and half-dollar clad coins in commemoration of the bicentennial of the death of Benjamin Franklin. Provides that such coins shall be considered legal tender. Requires the Secretary to begin issuing such coins on October 1, 1989. Directs the Secretary to obtain silver for the minting of such coins from stocks of silver held by the Secretary or from any other federally owned stocks of silver and to obtain gold pursuant to authority under existing law. Provides that the design of such coins shall be selected by the Secretary after consultation with the Chairman of the Benjamin Franklin National Memorial at the Franklin Institute and the Chairman of the Commission of Fine Arts. Specifies the sales price of such coins as the face value plus costs. Requires that all sales of such coins include a surcharge of $35 per coin for five-dollar coins, $7 per coin for one-dollar coins, and $2 for half-dollar coins. Requires that all surcharges received by the Secretary from the sale of such coins shall be paid to the Benjamin Franklin National Memorial (The Franklin Institute): (1) to restore and renovate the Memorial; (2) to construct or renovate certain adjoining areas of the Franklin Institute; (3) to establish an endowment to ensure the continued upkeep and maintenance of the Memorial; (4) for exhibits in the Memorial or certain adjoining areas of the Institute; and (5) for funds for construction of certain facilities and for the acquisition and preservation of artifacts relating to Franklin. Authorizes the Comptroller General to audit such payments. Prohibits the minting of such coins under this Act after December 31, 1990. Requires the Secretary to ensure that the minting and issuance of such coins shall not result in any net costs to the Government.
United States · United States Congress · 27 July 1989
Veterans PTSD Treatment and Psychological Readjustment Act of 1989 - Directs the Secretary of Veterans Affairs to increase the number of: (1) vet centers currently in existence by 20 additional units by December 31, 1991, and by 20 more units by December 31, 1994; and (2) post-traumatic stress disorder (PTSD) treatment facilities currently in existence by 15 additional units by December 31, 1991, and by 15 more units by December 31, 1994. Requires new vet centers to be established in cities which do not have such centers. Earmarks a specified amount of FY 1990 PTSD funding for contracts with private facilities and therapists for the provision of PTSD treatment. Requires the Secretary, in administering the Health Professionals Educational Assistance Program, to encourage the participation of individuals in the program who desire to become psychiatrists, psychologists, and psychiatric nurses specializing in the treatment of PTSD. Directs the Secretary to establish the Advisory Committee on Readjustment of Veterans. Requires the Secretary to consult with, and seek the advice of, the Committee with respect to: (1) the administration of Department benefits for veterans, particularly Vietnam veterans; (2) reports and studies pertaining to veterans, particularly Vietnam veterans; and (3) the needs of all veterans with respect to compensation, health care, readjustment, outreach, and other benefits and programs administered by the Department. Requires the Committee to report annually to the Secretary pertaining to the social, economic, educational, and psychological readjustment of veterans. Requires the Secretary to submit such reports to the Congress, along with comments and recommendations. Authorizes the Secretary to conduct a pilot program to contract for care and treatment and rehabilitative services in halfway houses, therapeutic communities, psychiatric residential treatment centers, and other community-based treatment facilities for eligible veterans suffering from PTSD. Requires the Chief Medical Director (CMD) to plan, design, and conduct such program. Requires the Secretary to approve the quality and effectiveness of a program operated by a contract facility before allowing veterans to be furnished treatment there under the pilot program. Directs the Secretary to: (1) urge all public and private entities to provide appropriate employment and training opportunities to veterans who have been provided treatment and rehabilitative services under this Act for PTSD and who have been determined to be sufficiently rehabilitated to be employable; and (2) provide all possible assistance to the Secretary of Labor in placing such veterans in such opportunities. Requires the Secretary to provide referral services and advice to veterans discharged or released from active service who are not eligible for PTSD treatment and services. Outlines provisions concerning the transfer of veterans to contract care facilities for treatment of PTSD, requiring such transfer only within 30 days of such member's enlisted tour of duty and only if such person requests such a transfer while on active duty. Limits the period of such care and rehabilitative services to five years after the fiscal year in which the pilot program is initiated. Requires the Secretary to report to the Senate and House Veterans' Affairs Committees on findings and recommendations pertaining to the operation of the pilot program authorized under this Act. Directs the CMD of the Department to conduct a research program relating to the treatment of PTSD.
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 · 25 July 1989
Veterans Agent Orange Exposure and Vietnam Service Benefits Act of 1989 - Provides that the disease of chloracne in Vietnam veterans shall be considered to have been service-connected if such disease became manifest to a ten percent or more degree of disability within one year after the last date on which the veteran performed such service in Vietnam. Presumes the following diseases to be service-connected for veterans who performed active service in Vietnam during the Vietnam era, notwithstanding that there is no record of evidence of such disease during the period of such service: (1) non-Hodgkins lymphoma; (2) soft-tissue sarcoma; and (3) melanoma and basal cell carcinoma. Provides a presumption of service-connection in the case of a Vietnam veteran suffering from a disease associated with effects of exposure to certain dioxins or other herbicide agents during such service in Vietnam. Directs the Secretary to prescribe regulations listing a positive association between any disease and the biological effects of exposure to an herbicide agent in Vietnam. Requires the Secretary to update such list continually. Requires the Secretary, in prescribing and revising such list, to obtain by contract the determinations and estimates of a contract scientific organization. Requires such organization to: (1) determine which diseases have any degree of association with the biological effects of exposure to an herbicide agent; and (2) estimate the extent of association between each such disease and each such biological effects. Requires the organization to determine such association specifically with respect to non-Hodgkins lymphoma, each soft-tissue sarcoma, lung cancer, and each other cancer. Outlines contract provisions required in such agreements between the Secretary and the scientific organization, including surveys, evaluations, and periodic determinations. Requires such scientific organization to provide reports to the Secretary and the Senate and House Veterans' Affairs Committees regarding its determinations and evaluations. Requires such organization to determine, in the effect of a positive association, whether there is a reasonable basis for concluding that a Vietnam veteran with the highest level of exposure to that herbicide agent in Vietnam was exposed to such agent under the circumstances necessary for such biological effects. Requires a report from the organization to the Secretary and the veterans' committees when there is no such reasonable basis found. Requires the Secretary to make certain determinations and follow-up reports after receiving such reports from the contract scientific organization, including the issuance of a report to the veterans' committees and the promulgation of positive association regulations, if necessary. Requires benefits to be continued even though a disease is removed from the regulations listing diseases having positive associations. Terminates such contracting authority ten years after the first day of the fiscal year in which a scientific organization transmits its first report to the Secretary. Provides special effective dates. Directs the Secretary to compile and analyze all clinical data that: (1) is obtained by the Department in connection with examinations and treatment of veterans for disabilities related to exposure to certain herbicides or to service in Vietnam; and (2) is likely to be scientifically useful in determining the association, if any, between the disabilities of such veterans and their exposure to such herbicides and other toxic substances. Requires the Secretary to submit an annual report to the veterans' committees concerning such analysis and its results. Directs the Secretary to consult with the Director of the National Institutes of Health Research and Grants Division (NIH) before compiling and analyzing such information. Requires the Director of NIH to review each annual report submitted by the Secretary and transmit to the Secretary an evaluation of the contents of each report. Directs the Secretary to establish and maintain a system for the collection and storage of voluntarily contributed samples of blood and tissue of veterans who performed active service in Vietnam during the Vietnam era. Outlines provisions concerning the security and authorized uses of such specimens, as well as limitations on the acceptance of such samples. Requires the Secretary to consult with the National Academy of Sciences (NAS) to the extent that an agreement has been reached with the NAS serving as the contract scientific organization for the Secretary. Requires the Secretary to consult with the Director of the Medical Follow-up Agency in the event of no agreement with NAS. Directs the Secretary to establish a program to provide for the conduct of studies of the feasibility of conducting additional scientific research on health hazards resulting from: (1) exposure to dioxin; (2) exposure to other toxic agents in herbicides used in support of U.S. and allied military operations in Vietnam during the Vietnam era; and (3) active military, naval, or air service there. Requires the Secretary to report to the veterans' committees on the results of such studies. Requires the Secretary to consult with the NAS before undertaking such studies and requires the NAS, to review such studies and report recommendations to the Secretary and the veterans' committees, to the extent provided under any agreement between the Secretary and NAS. Amends the Veterans' Benefits Improvement Act of 1988 to require the Secretary to annually furnish updated information to veterans listed in the Department of Veterans Affairs' Agent Orange Registry on health risks resulting from exposure to dioxin or other toxic agents in herbicides as a result of service in Vietnam during the Vietnam era. Directs the Secretary of Health and Human Services to report to the veterans' committees on the research being conducted to develop treatments for psychological absorption of dioxin and other toxic agents used in herbicides by the United States in Vietnam, including research relating to exposure to dioxin and other toxic agents outside Vietnam. Extends through December 31, 2000, the eligibility for hospital and nursing home care for veterans exposed to toxic substances in Vietnam. Amends the Veterans' Benefits Improvement Act of 1988 to authorize direct consultation between the Ranch Hand Advisory Committee and Department of the Air Force scientists conducting the Ranch Hand Study (a study of the long-term health effects of exposure to phenoxy herbicides and contaminants). Requires the preparation and submission of annual reports and a final report in connection with such study.
United States · United States Congress · 24 July 1989
Designates the week of October 22 through October 29, 1989, as National Red Ribbon Week. Recognizes and commends the hard work and dedication of certain individuals and organizations and urges activities that support community and alcohol education during such week. Encourages Americans to wear or display red ribbons during such Week to present and symbolize their commitment to a healthy, drug-free lifestyle, and to develop an attitude of intolerance to the use of drugs.
United States · United States Congress · 21 July 1989
Drug War Bond Act of 1989 - Directs the Secretary of the Treasury to issue: (1) Drug War Bonds for a three-year period with a 12-year maturity date; and (2) Drug War Stamps to evidence payments for or on account of such bonds. Amends the Internal Revenue Code to exclude the interest earned on such War Bonds from an individual's gross income. Authorizes a taxpayer to designate a specified portion of any tax overpayment or make cash contributions to the War on Drugs Trust Fund (established by this Act). Authorizes the Attorney General to make expenditures from the Department of Justice Assets Forfeiture Fund into the War on Drugs Trust Fund. Amends the Internal Revenue Code to establish the War on Drugs Trust Fund. Transfers to such Fund: (1) proceeds from the sale of Drug War Bonds and stamps; and (2) certain cash contributions and portions of tax overpayments. Prescribes expenditures from the War on Drugs Trust Fund, including the construction of Federal prison facilities and education and rehabilitation programs. Precludes the receipts and disbursements from the War on Drugs Trust Fund from being included in either the congressional budget totals or in the budget totals as submitted by the President. Exempts the receipts and expenditures from the War on Drugs Trust Fund from: (1) statutory expenditure and lending limitations; and (2) certain orders issued under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Requires the Secretary to report to the Congress on programs established by this Act. Directs the Attorney General to make recommendations to the Congress regarding the merits of privatizing Federal prisons.
United States · United States Congress · 21 July 1989
Amends the National Labor Relations Act to make it an unfair labor practice for an employer to hire, or threaten to hire, permanent replacement workers during a strike (or to enter into agreements for such purposes).
United States · United States Congress · 21 July 1989
Public Access to Captioned Television Act of 1989 - Amends part A (General Provisions) of title XI of the Social Security Act to permit participation in the Medicaid and Medicare programs only to hospitals which certify that each patient is provided, upon request, with a room furnished with a television capable of displaying closed-captioning and that notice of this service is given to the patient at the time of admission. Exempts hospitals that do not make televisions available to patients. Institutes comparable requirements for nursing care facilities and intermediate care facilities for the mentally retarded, requiring that televisions in common areas of the relevant facility be capable of displaying closed-captioning. Amends the Public Health Service Act and other Federal law to institute the same requirements for Public Health Service facilities and for hospitals, nursing homes, and domiciliary facilities under the direct jurisdiction of the Veterans Administration (effective March 1989, Department of Veterans Affairs). Amends the Higher Education Act of 1965 to require institutions of higher education and vocational schools, in order to be eligible for student assistance programs, to certify that televisions capable of displaying closed-captioning are available for use in classrooms and common areas, unless the Secretary of Education determines that waiver or modification is appropriate. Amends the Elementary and Secondary Education Act of 1965 to require any local educational agency conducting programs that include television program viewing to certify that the televisions used are capable of displaying closed-captioning, unless the Secretary of Education determines that waiver or modification is appropriate. Directs all Federal entities that use television or video programming to provide public information or educational services to make reasonable efforts to caption the programming and make it available to the general public and to organizations that serve the hearing-impaired. Prohibits Federal funding of conferences, seminars, or similar activities held in a public lodging establishment that does not, upon request, provide guests with rooms furnished with televisions capable of displaying closed-captioning. Permits the Secretary of the Treasury to waive this prohibition if the entity sponsoring or funding the event certifies that the waiver would be appropriate. Requires federally funded or federally sponsored public service announcements to be closed-captioned.
United States · United States Congress · 20 July 1989
AIDS Health Services Act of 1989 - Directs the Secretary of Health and Human Services, through the Administrator of the Health Resources and Services Administration, to make grants to eligible consortia for services to people with acquired immune deficiency syndrome (AIDS) or symptomatic human immunodeficiency virus (HIV) infection, including inpatient and nursing home care, primary community health and support services (including services for infected children and their families) and secondary community support services (including services for infected children and their families). Requires that priority be given to the development and availability of primary community health and support services. Requires at least 20 percent of funds made available to be used for the provision of services for members of minority communities. Authorizes appropriations for FY 1990 through 1992. Directs the Secretary to conduct health and mental health services research focused on the delivery of services to individuals infected with the HIV, including studies on: (1) service delivery to members of minority communities; (2) the societal distribution of the costs of infection with HIV; and (3) the most cost-effective ways of providing services. Authorizes appropriations for FY 1990.
![Official portrait of Rep. Hayes, Charles A. [D-IL-1]](https://www.congress.gov/img/member/h000388_200.jpg)