United States · United States Congress · 22 June 1989
Expresses the sense of the House of Representatives that: (1) the reasoning in the Supreme Court decision in Texas v. Johnson was incorrect; (2) the U.S. flag is unique and deserves to be treated with respect; and (3) it is a misinterpretation of the Constitution to suggest that the Congress or the States do not have the power to prohibit the desecration of the U.S. flag.
United States · United States Congress · 21 June 1989
Stratospheric Ozone Protection Act of 1989 - Amends the Clean Air Act to list as class I and II substances which are known or may reasonably be anticipated to contribute to stratospheric ozone depletion. Authorizes any person to petition the Administrator of the Environmental Protection Agency (EPA) to add a chemical to such lists. Requires the Administrator to: (1) add to the class I list any substance having an ozone depletion potential greater than .15; (2) add to the class II list any substance having a significant ozone depletion potential; and (3) assign each listed substance a numerical ozone depletion potential factor, based upon a comparison with chlorofluorocarbon-11. Directs producers and importers of such substances to report annually to the Administrator on the production or import levels of such substances. Makes it unlawful to produce such substances in an amount greater than 1986 levels effective 180 days after enactment of this Act. Requires a further reduction by July 1, 1993, and makes it unlawful, effective July 1, 1996, to produce such substances for other than medical purposes. Authorizes the Administrator to promulgate rules under which persons may produce such substances in annual quantities greater than those specified under this Act if such persons obtain the rights to such production from other persons who will be subject to enforceable reductions in such substances which: (1) exceed the reduction otherwise required; (2) are greater than the annual production increase; and (3) would not have occurred in the absence of such transaction. Makes it unlawful to produce any listed substance which yields an ozone depletion potential greater than the 1986 depletion level. Requires the Administrator to promulgate regulations requiring a 95 percent reduction in ozone depletion potential of such substances by 1997. Provides that if the Administrator fails to promulgate such regulations, it shall be unlawful, effective July 1, 1997, to produce such substances in annual quantities yielding ozone depletion potentials greater than five percent of the 1986 depletion level. Directs the Administrator to promulgate regulations requiring producers of such substances to reduce production more rapidly if the accelerated schedule is necessary to protect human health and the environment or if the reduction is attainable, based on the availability of substitutes for such substances. Prohibits the importation of such substances or products using such substances, unless the exporting nation has an equivalent or more stringent production reduction program. Requires the Administrator to certify national programs, such certification to be reviewed annually. Equates imports with production when determining a manufacturer's required reductions. Directs the President to prohibit: (1) the export of technologies to produce class I substances; and (2) investment in facilities for producing such substances in nations which are not certified. Requires the Administrator to: (1) review sources containing information on potential chemicals or product substitutes and alternative manufacturing processes as replacements for class I substances; (2) report such findings to the Congress; (3) require producers to provide the EPA with their unpublished health and safety studies on chemical substitutes for such substances and notify the EPA before existing chemicals are put to significant new uses as chlorofluorocarbon and halon substitutes; and (4) annually update such review and, two years after this Act's enactment, include class II substances in such review. Directs the Administrator to promulgate rules applicable to replacements for such substances to require that processes and products that reduce overall risks to public health and the environment are used. Requires the Administrator to publish a list of prohibited substitutes and safe alternatives. Authorizes any person to petition the Administrator to add or remove a substance from such list. Makes it unlawful, after 1992, to manufacture or import any household or commercial appliance containing such substances unless such appliances have apertures that allow the removal of such substances without loss into the atmosphere. Prohibits, after 1990, the introduction of such substances into interstate commerce in pressurized containers weighing less than 15 pounds. Requires the Administrator to promulgate regulations requiring the maximum feasible reductions in the use of class I substances, including measures to: (1) recover and recycle such substances in manufacturing processes and prior to disposal of products containing such substances; (2) increase the efficiency of the use of such substances; (3) provide for the use of safe alternatives; (4) achieve reductions of at least 50 percent in the use of class I substances for servicing and repairs of household and commercial appliances and in the manufacture of products in which such substances are used as solvents or blowing agents; and (5) achieve reductions, without reduced fire safety, in releases associated with discharges of such substances from fire prevention or extinguishing equipment. Prohibits business establishments from performing services on motor vehicle air conditioners involving refrigerants, unless approved refrigerant recycling equipment is used and persons performing such services have been properly trained and certified. Applies such requirement three years after this Act's enactment to establishments which performed service on fewer than 100 air conditioners during 1990. Requires such establishments to certify to the Administrator that they meet such requirements or serviced fewer than 100 air conditioners during 1990. Requires containers of listed substances to bear labels stating that such substances harm public health and the environment by destroying the ozone layer and disrupting the climate.
United States · United States Congress · 21 June 1989
Emergency Chinese Adjustment of Status Facilitation Act of 1989 - Waives the two-year home country residence requirement for nationals of the People's Republic of China in the United States on a student (J) visa. Continues the legal status of nonimmigrant nationals of the People's Republic of China in the United States for adjustment or change of status purposes.
United States · United States Congress · 14 June 1989
Title I: General Provisions - Coastal Defense Initiative of 1989 - Sets forth congressional findings and definitions. Title II: Coastal Water Quality - Directs the Administrator of the Environmental Protection Agency to promulgate numeric water quality standards for pollutants for which certain information has been published under the Clean Water Act. Requires such criteria to ensure the protection of public health and wildlife habitats, the propagation of a balanced, indigenous population of fish, shellfish, and wildlife, and recreation in and on coastal waters. Provides for the promulgation of additional criteria for pollutants which contribute to the degradation of coastal water quality. Provides that State criteria that are more protective of human health or the environment shall take precedence over national criteria. Authorizes Governors of coastal States to petition the Administrator to establish less stringent criteria if demonstrated that such criteria will achieve the designated uses of the water body and are justified because of the physical, chemical, or biological characteristics of such water. Requires the Administrator to grant such petitions if the proposed criteria will achieve the same level of protection as the national criteria. Authorizes any person to petition the Administrator to develop criteria for a pollutant. Directs the Administrator to develop and publish criteria and information on: (1) sediment quality for coastal waters; (2) marine and estuarine biological integrity; and (3) such other indices determined to complement the criteria published under the Clean Water Act. Requires Governors of coastal States to identify coastal waters: (1) for which applicable water quality standards cannot reasonably be anticipated to be achieved or maintained; and (2) which are currently achieving such standards but are threatened by foreseeable increases in pollution loadings from new or expanding sources. Directs such Governors, acting through State water pollution control authorities, to develop individual control strategies to: (1) identify the principal sources of pollutants from point and nonpoint sources; (2) establish the total maximum daily load of pollutants determined to contribute to the failure of waters to achieve or maintain water quality standards; (3) allocate among such sources the necessary reductions in loadings to achieve and maintain such standards and provide an implementation schedule for achieving such reductions; and (4) provide for a system for allocating and exchanging discharge credits and pollution offsets. Requires such control strategies to be submitted triennially to the Administrator for approval. Directs Governors to certify that permit renewals for point sources and land use activities in coastal zones are consistent with strategy requirements. Requires Governors of coastal States or the Administrator to designate outstanding coastal resource waters with particular ecological, recreational, or esthetic value, taking into account fisheries and shellfish resources, habitat, and recreational uses. Provides for petitioning and appeals of such designations. Directs such Governors to revise the continuing planning process to ensure that water quality and ecological integrity of State coastal waters will be maintained and protected. Amends the Clean Water Act to prohibit the issuance or renewal of permits for discharges into certain estuaries, outstanding resource waters designated under this Act, the territorial sea, or the exclusive economic zone unless the Administrator or a State determines that: (1) the need for the discharge and the lack of reasonable alternatives; and (2) that the discharge will not inhibit the protection of public health and wildlife habitat, the propagation of a balanced, indigenous population of fish, shellfish, and wildlife, or recreation in and on the water. Authorizes State Governors to request the Secretary of the department in which the Coast Guard is operating to enter into a cooperative agreement to permit a State or its political subdivision to enforce requirements for marine sanitation devices. Requires such agreements to authorize States or political subdivisions to assess and retain required penalties. Increase the amount of appropriations authorized to be appropriated for the National Estuary Program. Title III: Coastal Management - Amends the Coastal Zone Management Act of 1972 to require State agencies designated to carry out approved coastal zone management plans to submit coastal water quality protection plans to the Secretary of Commerce for approval. Sets forth provisions for plan approval and resubmission of disapproved plans. Limits Federal assistance to States that fail to submit plans. Authorizes the Secretary to approve plans that: (1) identify major land uses which may cause or contribute significantly to violations of marine water quality standards or impair existing uses of such waters; (2) establish and periodically revise model ordinances and regulations for use by State and local authorities for encouraging best land use management practices for preventing or reducing coastal water pollution; (3) encourage and assist local governments in implementing such ordinances; (4) contain enforceable review and certification policies; (5) establish a schedule of pollution reduction goals; (6) improve coordination between State and local agencies and officials for land use planning and permitting, water quality permitting and enforcement, and public health and safety; and (7) modify State boundaries as necessary to manage such activities. Applies such plans to coastal areas in which marine water quality standards are not being achieved, or are being met but are identified as threatened. Requires the Under Secretary for Oceans and Atmosphere to provide technical assistance to States and local governments in developing and implementing such plans. Directs the Administrator to review the inland coastal zone boundary of each State program to evaluate whether such boundary extends inland to the extent necessary to control land and water uses having a significant impact on State coastal waters. Requires the Administrator to recommend appropriate boundary modifications to the Secretary and the State if such modifications are necessary to manage better land and water uses and to protect water quality. Directs the Secretary, to promote coordination between the National Estuary Program and the Coastal Zone Management Program, to issue regulations governing the incorporation of Comprehensive Conservation and Management Plans under the Clean Water Act into State management programs under the Coastal Zone Management Act. Requires State agencies responsible for administering coastal zone management programs to designate representatives for each management conference convened under the Clean Water Act that includes coastal lands and waters. Deems Comprehensive Conservation and Management Plans in compliance with regulations under this title to be approved as components of a State's coastal zone management program. Title IV: National Coastal Monitoring Program - Establishes a National Coastal Environmental Monitoring Task Force. Requires the Task Force to establish uniform protocols to: (1) assess long-term conditions and trends; (2) assist in the development of regulatory programs to restore and protect coastal water quality; and (3) assess the effectiveness of coastal protection programs. Provides for the periodic review of such protocols. Requires the Task Force to authorize regional monitoring teams to develop regional coastal environmental monitoring plans to: (1) identify the current environmental conditions of coastal waters; (2) establish a sound technical basis for coastal environmental management decisionmaking; (3) incorporate standardized methods for sampling, analysis, and data management; (4) make better use of funds available for such monitoring; and (5) involve the public as full participants. Directs the Task Force to publish criteria for selecting coastal regions that may be eligible for the development of regional programs. Requires the Task Force to designate such regions and teams. Sets forth plan requirements and approval and modification procedures. Authorizes the Under Secretary to develop the plan if a regional team fails to do so. Incorporates monitoring requirements into: (1) the Marine Protection, Research, and Sanctuaries Act of 1972; (2) approved State coastal zone management plans; and (3) appropriate discharge permits. Establishes within the National Oceanic and Atmospheric Administration the National Coastal Monitoring Data Center. Requires the Under Secretary to examine existing Federal and State monitoring data management systems and issue guidance for the development of compatible systems. Makes available to the public all data maintained at the Center. Title V: Compliance and Enforcement - Directs the Administrator to provide to Federal agencies a list of persons discharging pollutants into coastal waters who have been found to be: (1) in significant noncompliance with discharge permits issued pursuant to the Clean Water Act; or (2) in violation of requirements established in management programs or conferences pursuant to such Act. Provides for the semiannual revision of such list. Prohibits Federal agencies from contracting with such persons for the procurement of goods, materials, or services if the contract is to be performed at any facility owned, leased, or operated by such persons. Prohibits Federal agencies from approving any project or awarding any grant for an activity that may adversely affect coastal water quality or coastal land and water use to any coastal State found to have: (1) demonstrated a pattern of continuing failure to achieve and maintain applicable marine water quality standards; or (2) failed to implement and enforce an approved comprehensive estuary management plan pursuant to the Clean Water Act. Waives sovereign immunity for purposes of enforcing any requirement of this Act or the Clean Water Act against any Federal agency discharging pollutants into coastal waters. Authorizes the Administrator to commence an administrative enforcement action against any executive department to enforce this Act. Requires Federal agencies which own or operate facilities that discharge into coastal waters (and that would otherwise qualify as major dischargers) to submit to the Administrator plans to carry out environmental audits of such facilities and to correct any incident of noncompliance with requirements of this Act or the Clean Water Act. Provides for biannual audits during the first year of plan implementation and periodically thereafter as determined by the Administrator. Requires industrial facilities found to be in significant noncompliance with a discharge permit to conduct such audits on a quarterly basis until the condition giving rise to the finding has been corrected and the facility is no longer in violation of applicable requirements. Directs major dischargers to provide certifications by environmental auditors prior to renewal of a discharge permit. Requires audits to be conducted by independent auditors unless the Administrator determines that the permittee has an internal auditing program consistent with applicable regulations. Directs the Administrator to: (1) issue regulations on such auditing and guidance for certification procedures; (2) convene a forum of interested professional organizations to identify eligibility requirements for certification and continuing education of such auditors; and (3) publish a list of auditors qualified to meet such guidelines. Permits dischargers, upon the development of a program consistent with such guidelines by a State, to select an auditor from the State list. Requires penalties assessed against dischargers under the Clean Water Act to be no less than an amount that eliminates economic benefit or savings that may have accrued to such person as a result of the violation. Makes a conforming amendment to the Marine Protection, Research, and Sanctuaries Act of 1972. Requires States having coastal waters that do not meet applicable water quality standards to post and maintain signs at each place of public access to such waters indicating the standards such water body does not meet. Deems violations of this Act to be violations of title I of the Marine Protection, Research, and Sanctuaries Act. Title VI: Funding - Establishes the Coastal Defense Fund (Fund). Directs the Administrator and the Under Secretary to make grants from the Fund to coastal States that: (1) establish their own coastal resources protection fund into which such grants will be deposited; (2) agree to deposit into such fund all receipts from coastal effluent charge systems; (3) agree to make grants and other expenditures from such funds; and (4) agree to undertake periodic accounting and reporting procedures. Outlines specific criteria to be considered by the Administrator and the Under Secretary in determining grant amounts. Allocates Fund moneys. Requires the Administrator to establish a National Coastal Effluent Charge System to: (1) provide economic incentives to coastal dischargers to eliminate or reduce the volume or toxicity of effluents; (2) raise $100,000,000 for the Fund; and (3) supplement existing public funding for Federal, State, and local coastal environmental quality programs. Directs the Administrator to establish a schedule of charges to be assessed annually against each coastal discharger. Establishes minimum and maximum amounts to be paid. Provides for a special hardship exemption under specified conditions. Sets forth deadlines for the assessments of such charges by the Administrator and States. Authorizes a coastal State to petition the Administrator for exemptions to the national charge system if such State currently requires fees similar in scope and purpose to the national system. Directs significant industrial users of publicly owned treatment works to pay annual charges based on pollutants authorized to be introduced into such works as determined by the Administrator's schedule of charges. Requires municipal authorities to retain charges paid by such users to implement and enforce requirements under this Act, the Clean Water Act, and the Coastal Zone Management Act of 1972. Bases initial charges on relevant variables in the discharge permit. Provides for modifications of such charges at the time of permit renewal. Amends the Outer Continental Shelf Lands Act Amendments of 1978 to authorize transfers from the Offshore Oil Pollution Compensation Fund to the Fund. Removes an upper limit placed on the Offshore Oil Pollution Compensation Fund. Amends the Coastal Zone Management Act to provide for the deposit into the Fund of certain unobligated funds and loan payments. Credits the following to the Fund: (1) certain penalties, fines, and other payments assessed under the Clean Water Act and the Marine Protection, Research, and Sanctuaries Act; and (2) specified Outer Continental Shelf revenues.
United States · United States Congress · 14 June 1989
Consumer Products Recovery Act of 1989 - Amends the Solid Waste Disposal Act to require producers or importers of lubricating oil to recycle, through methods specified under this Act, an amount of used oil equal to at least the amount determined by multiplying the amount of lubricating oil produced or imported that year by such persons by the recycling percentage established by the Administrator of the Environmental Protection Agency. Authorizes such individuals to comply with this Act by: (1) recycling (through re-refining) used oil or purchasing re-refined oil for purposes of producing lubricating oil; or (2) purchasing recycling credits under this Act. Directs the Administrator to establish a recycling percentage that is two points higher than the existing recycling rate for lubricating oil. Provides for increases in such percentage of two points annually until 1999. Requires the Administrator to promulgate regulations allowing recyclers to create credits for used oil recycling and producers or importers of lubricating oil to purchase such credits. Provides that such regulations shall require: (1) owners or operators of used oil collection places to keep receipts issued by transporters who take delivery of such oil and copies of agreements under which the transporter agrees to take such oil to a recycling facility; (2) such owners or operators to certify that oil taken by transporters is not contaminated with hazardous wastes or substances above de minimis levels; (3) transporters to obtain an identification number from the Administrator and to keep certain records; (4) owners or operators of recycling facilities to be the only persons to create a recycling credit for the recycling credit system; (5) recyclers to certify that the substance being recycled is uncontaminated used oil; (6) oil proposed to be recycled to have come from a used oil collection place or a transporter with an identification number; (7) specified records to be kept by recyclers and by importers or producers; and (8) recyclers to sell or distribute in commerce such oil as specification used oil, off-specification used oil, hazardous waste fuel, or re-refined oil. Allows used oil re-refiners to exclude between 15 and 25 percent of re-refined oil from recycling requirements. Directs the Administrator to report to the Congress on such regulations and to include: (1) a discussion of the effects of such regulations on the oil industry and the environment; and (2) an evaluation of the level of the recycling percentage and whether such percentage should be increased in future years. Requires an updated version of such report to be submitted within ten years of this Act's enactment. Applies recycling requirements to persons who import or produce more than 100,000 gallons of lubricating oil annually. Sets the recycling percentage at 40 percent if the Administrator fails to promulgate such regulations. Directs the Administrator to submit to the Congress a plan for the recycling of certain commodities, including daily newspapers, used tires, lead acid batteries, pesticide containers, antifreeze, and specified volatile organic compounds. Requires such plan to include an incentive-based method for accomplishing such recycling. Directs the Administrator to implement such plan with respect to one commodity and with respect to an additional commodity each year thereafter. Provides that if used oil is identified as a hazardous waste under the Solid Waste Disposal Act, any fuel derived from such oil shall not be considered to be a hazardous waste after being reprocessed at a permitted facility. Requires persons who package lubricating oil to label such packages with a hazardous substance warning label and to include a telephone number for information on area recycling. Directs the Administrator to promulgate regulations requiring States to develop plans for making information about used oil recycling available to the public. Requires the Administrator to establish a toll-free telephone line for information on State used oil recycling programs. Makes certain regulations proposed in the Federal Register on November 29, 1985, effective with respect to used oil management if the Administrator fails to promulgate regulations under this Act. Authorizes appropriations.
United States · United States Congress · 13 June 1989
Urges the administration to refrain from submitting any proposal to include maritime transportation in the forthcoming General Agreement on Tariffs and Trade (GATT) discussions regarding trade in services industries and to oppose any proposals by foreign nations which are similar or which could result in a contraction of the U.S.-flag merchant marine.
United States · United States Congress · 8 June 1989
Air Toxics Control Act of 1989 - Amends the Clean Air Act to establish a list of hazardous air pollutants. Permits any person to petition the Administrator of the Environmental Protection Agency for additions to or deletions from such list. Requires the presentation of adequate data concerning health or environmental effects for such additions or deletions. Prohibits air pollutants for which national air quality standards have been established, with specified exceptions, from being added to such list. Directs the Administrator to review and revise such list at least every five years. Requires the Administrator to list and establish emissions standards for categories of major emitting facilities. Establishes a timetable for the promulgation of such standards, requiring standards for all categories within eight years of this Act's enactment. Directs the Administrator to review and, if necessary, revise such standards at least every five years. Requires the Administrator, within four years of promulgating standards for a category, to evaluate risks to human health and the environment remaining after application of such standards. Provides for revisions of such standards for carcinogens or other pollutants not meeting emissions thresholds. Authorizes the Administrator to promulgate design, equipment, work practice, and operation standards for major emitting facilities under this Act. Directs the Administrator to promulgate such standards when it is infeasible to establish a numerical emission limitation standard for any category. Requires such standards to: (1) achieve reductions comparable to numerical emission limitations under this Act; (2) include leak prevention, detection, and correction requirements unless the Administrator finds such requirements infeasible or unnecessary; (3) require owners or operators of major emitting facilities to carry out annual safety inspections to locate leaks and unpermitted releases and to report the results of such inspections to the permitting authority; and (4) include procedures for monitoring or measuring emissions and for demonstrating compliance with such requirements. Authorizes the Administrator to establish a de minimis level for emissions from categories of facilities under this Act, provided that such level does not exceed 10 tons annually for any single hazardous air pollutant or 25 tons annually for a combination of such pollutants. Makes it unlawful to construct or modify a major emitting facility or to emit any pollutant subject to this Act's standards, except in compliance with a permit. Outlines the requirements of the permit program. Limits permits to five-year periods. Requires inspections of facilities for permit issuances or renewals. Authorizes the issuance of a temporary permit if a facility owner or operator certifies that the facility is in compliance with applicable standards. Requires the permitting authority to review and inspect such facility to determine whether a full permit should be issued. Requires compliance with standards by existing facilities within three years of the promulgation or revision of such standards. Exempts facilities from standards for carcinogens or nonthreshold air pollutants if a permit contains alternative emission limitations which will prevent adverse health or environmental effects. Grants extensions for permit compliance to existing facilities under specified conditions. Authorizes the President to exempt any facility from any standards for up to two years if the technology to implement such standards is unavailable and the operation of the facility is required for national security reasons. Authorizes additional two-year extensions of such exemptions. Requires the President to report to the Congress with respect to each exemption or extension. Allows exemptions from emission standards for facilities which achieved reductions of at least 95 percent from uncontrolled emissions of a hazardous air pollutant prior to proposal of the standard. Directs the Administrator to conduct an urban pollution research program to include: (1) ambient monitoring for a broad range of hazardous air pollutants in a representative number of urban locations; (2) analysis to characterize the area sources of such pollution and the health risks posed by such pollutants; and (3) consideration of factors which elevate such health risks. Requires State air pollution agencies which receive Federal grants and have responsibility for metropolitan areas with populations over 250,000 to establish monitoring programs to measure the concentrations of hazardous air pollutants. Directs the Administrator to list and promulgate emissions standards for categories of area sources of hazardous air pollutants. Establishes a timetable for the promulgation of such standards, requiring standards for all categories within eight years of this Act's enactment. Requires the Administrator to review and, if necessary, revise such standards at least every five years. Authorizes States to submit to the Administrator for approval programs for the implementation and enforcement of permits or standards concerning areas sources. Permits the transfer of the Administrator's enforcement authorities to a State. Requires the Administrator to publish guidance for use in program development. Sets forth provisions regarding approval of such programs. Requires the Administrator to review State programs at least every two years and to withdraw approval of any program if determined that a State is not administering or enforcing such program. Authorizes the Administrator to make grants to States for program development. Requires the Administrator to: (1) investigate the sources of atmospheric deposition of hazardous air pollutants on the Great Lakes and tributary waters and evaluate the adverse human health and environmental effects of such deposition; (2) report the results of such investigation to the Congress; and (3) promulgate further emissions standards or control measures necessary to prevent the effects of such deposition. Directs the Administrator to report to the Congress on the implementation of certain requirements under this Act and to maintain a database on pollutants and sources subject to provisions of this Act. Requires such report to identify specific metropolitan areas which experience high risks to human health as the result of hazardous air pollutant emissions and the sources of such emissions. Makes available to the public any information submitted to a permitting authority. Directs the Administrator to establish and maintain an air toxics clearinghouse, control technology center, and risk information center to provide technical assistance and information to States, local agencies, and the public on emissions reduction. Requires the Administrator to review and, if necessary, revise risk evaluation guidelines at least every five years. Require such evaluations to evaluate direct and indirect exposure pathways. Directs the Administrator to establish standards and procedures for the certification of persons preparing such evaluations. Requires the Administrator to publish a list of air pollutants which: (1) are emitted by motor vehicles into the ambient air or into the interior of a motor vehicle; and (2) cause or contribute to air pollution which may result in serious adverse effects to human health or the environment. Sets forth the same petitioning, review, revision, and risk evaluation procedures as those applicable to major emitting facilities. Establishes diesel particulates emissions standards for: (1) passenger vehicles and light trucks manufactured after 1991; and (2) heavy trucks and buses manufactured after 1990. Makes it unlawful, on the later of one year after this Act's enactment or January 1, 1991, to sell or introduce into commerce any leaded gasoline for use as a motor vehicle fuel. Requires the Administrator to promulgate regulations for the reduction of particulates from existing diesel buses. Permits requirements for municipal transit buses to be more stringent than those applicable to other buses. Directs the Administrator to list at least 100 substances which, as the result of an accidental release, may cause adverse human health or environmental effects. Treats liquids and gases identified by the Secretary of Transportation as toxic by inhalation as listed under this section if the Administrator fails to list 100 substances by the required deadline. Requires the Administrator to review substances which are not on such list but are listed under the Emergency Planning and Community Right-to-Know Act of 1986, this Act, and the list identified by the Secretary for possible additions to the list. Provides for petitioning and modification of such list, as appropriate. Requires the Administrator to update such list at least every five years. Directs the Administrator to: (1) establish de minimis quantities of listed substances; and (2) promulgate regulations to provide for prevention and detection of accidental releases of such substances from covered facilities and for response to such releases by owners or operators of such facilities. Requires such regulations to include monitoring, inspection, recordkeeping, storage, design, equipment, work practice, and operational requirements. Directs owners or operators of such facilities to implement risk management plans to detect and prevent or minimize accidental releases. Requires such plans to include hazard assessments, prevention programs, and response measures. Directs the Administrator to promulgate guidelines to assist in the preparation of such plans. Sets forth compliance and enforcement provisions. Requires the President to establish within the EPA an independent Chemical Safety and Hazard Investigation Board to: (1) investigate and report on accidental chemical releases; (2) propose corrective safety steps for chemical facilities; and (3) promulgate requirements for the reporting of such releases. Authorizes the Board to hold hearings, secure written reports from persons handling chemicals, obtain autopsy reports, and conduct inspections of any facility where an accidental release has occurred. Makes information obtained by the Board, with the exception of information concerning trade secrets, available to the public. Directs the Administrator to set forth reasons for any refusal to implement a recommendation of the Board. Requires the Board to report annually to the Congress on recommendations submitted to the Administrator regarding accidental releases. Authorizes appropriations. Repeals certain provisions of the Clean Air Act concerning the revision of stationary source regulations. Increases penalties for specified violations of such Act.
United States · United States Congress · 8 June 1989
Baseball Viewers Protection Act of 1989 - Prohibits any major league professional baseball team from entering into or performing any contract that provides for the exclusive carriage by cable television, during any one-year period ending on November 15, of more than 25 percent of the games of that team which are under contract to be televised. Makes such prohibition inapplicable if: (1) at least 50 percent of the team's televised games are broadcast by one or more regular over-the-air broadcasting stations serving the team's home city; (2) all of the games subject to such exclusive contract are actually carried, on any basic or premium tier, by cable systems and are available for viewing by at least 75 percent of the residences served by cable television in such city; or (3) the team has not had more than 65 percent of its televised games carried by a regular over-the-air broadcasting station or stations during any one of the three calendar years preceding the year of enactment of this Act.
United States · United States Congress · 8 June 1989
Hazardous Materials Transportation Act Amendments of 1989 - Amends the Hazardous Materials Transportation Act (the Act) to require the Secretary of Transportation to issue regulations requiring any generator of a shipment of hazardous materials to transmit a manifest of its contents and the license plate or other identifying number of the carrier to the central reporting system and data center. Requires the Secretary to enter into a contract under which a private entity shall establish a central reporting system and data center to provide law enforcement and firefighting personnel with information and advice on dealing with emergencies connected with the transportation of hazardous materials (currently the Secretary is required to establish and maintain such a system and data center). Prohibits the appropriation of Federal funds for such system and data center. Permits the private entity to impose a fee for manifesting such a shipment if the generator is a Federal agency. Directs the Secretary to study the flow of hazardous materials in the United States. Requires the Secretary, in collaboration with the private entity, to report the results of such study to the Congress. Increases both civil and criminal penalties for violations under the Act. Sets forth specified terms and conditions with respect to the private entity's establishment and maintenance of the reporting system and data center.
United States · United States Congress · 8 June 1989
Directs the Secretary of Health and Human Services to enter into an agreement for the transfer of specified monkeys used in research at the Institute for Behavioral Research in Silver Spring, Maryland, to Primarily Primates, Inc., an animal sanctuary in San Antonio, Texas, the teaching zoo known as Moorpark College in Moorpark, California, or the San Diego Zoo in San Diego, California.
United States · United States Congress · 7 June 1989
Authorizes the Speaker of the House of Representatives and the President pro tempore of the Senate to present a bronze medal to individuals: (1) who were members of the armed forces and were present in Hawaii on December 7, 1941; and (2) who participated in combat operations that day against Japanese military forces attacking Hawaii. Directs the Secretary of the Treasury to strike such medals. Authorizes the Secretary to provide for the sale of bronze duplicates of the medal. Authorizes appropriations which are to be reimbursed out of the proceeds from sales of the medals.
United States · United States Congress · 1 June 1989
Provides an opportunity for Federal employees subject to the Civil Service Retirement System (CSRS) and certain Federal employees subject to other retirement systems under the Central Intelligence Agency Act of 1964 for Certain Employees and the Foreign Service Act to elect coverage under the Federal Employees' Retirement System (FERS) between July 1 and December 31, 1989. Delays implementation of certain Government pension offset provisions under the Social Security Act. Makes this Act's amendments effective as of January 1, 1988.
United States · United States Congress · 1 June 1989
Amends the Federal criminal code to require a minimum sentence of five years' imprisonment, without an opportunity for parole, for the unlawful possession of a firearm by any person: (1) who has been convicted of a crime punishable by more than a year imprisonment; (2) who is a fugitive from justice; (3) who is an unlawful user of or addicted to any controlled substance; (4) who has transported in interstate commerce any stolen firearm; or (5) who has received any stolen firearm. Increases from $5,000 to $10,000 and from five years to ten years the fine and term of imprisonment, respectively, for violation of Federal firearm laws. Increases the penalties for possession of a firearm in connection with a crime of violence or drug trafficking.
United States · United States Congress · 1 June 1989
Oil Spill Tax Act - Amends the Internal Revenue Code relating to trade or business expenses to disallow the deduction for oil and hazardous substances cleanup costs if the Secretary of the Treasury receives notification from the relevant authority that the taxpayer has failed to comply with specified Federal environmental law. Disallows such deduction where it can be shown that the oil or hazardous substance discharge was the result of willful negligence or willful misconduct. Reduces the tax attributes of the taxpayer by the amount disallowed. Disallows a deduction for losses resulting from any oil or hazardous substance discharge if the cleanup costs of such discharge are disallowed as a deduction. Sets forth time limits for: (1) the Secretary to assess any deficiency attributable to the notification of noncompliance with Federal environmental law; and (2) the taxpayer to file a claim for credit or refund attributable to receipt of such notification. Establishes an account in the Treasury to consist of the increase in revenues resulting under this Act. Makes such amounts available for: (1) the revolving fund under the Federal Water Pollution Control Act for expenses related to removal of discharged oil; or (2) the Hazardous Substance Superfund. Directs the Secretary to report to specified congressional committees on the decrease of Federal revenues because of the allowance of the deduction for oil and hazardous substances cleanup costs. Requires the Secretary to report annually to such committees on the amount expended on environmental cleanup costs and the amount accruing to the Treasury by reason of the disallowance of such deduction.
United States · United States Congress · 24 May 1989
Title I: General Provisions - Merchant Marine and Defense Act of 1989 - Sets forth congressional findings regarding the maritime industries and national defense. Declares that it is the policy of the United States to develop the necessary maritime resources to meet U.S. national defense and economic security requirements. Title II: Operating Differential Subsidy Reform - Amends provisions of the Merchant Marine Act, 1936 relating to the operating-differential subsidy (ODS) to: (1) allow the Secretary of Transportation, in determining whether to approve an application or revise a contract, to consider the availability of funding; and (2) prohibit the Secretary, in making such determinations, from making a distinction between persons already receiving such aid and new applicants. Revises the definition of "essential service" to include any operation determined by the Secretary to be necessary for national defense or for competitive and economical operation of U.S.-flag vessels in foreign commerce. Requires, for ODS aid, that a vessel be a militarily useful dry cargo vessel less than 20 years old and U.S.-documented. Directs the Secretary, notwithstanding any other law, to allow any qualified U.S. operator to qualify any militarily useful vessels for an ODS if the operator applies within one year of enactment of this Act, meets the requirements for such aid, and meets other requirements. Defines "qualified operator" to mean a U.S. citizen who owned, during the two years ending on the date of enactment of this Act, oceangoing vessels documented in the United States. Ends the Secretary's authority to determine suitable ocean routes and lines to foreign ports. Ends the ODS eligibility requirement that vessels be operating in an essential service. Directs the Secretary to designate ocean services, routes, and lines to not be essential services for purposes of ODS. Prohibits the Secretary from designating a route after two years after enactment of this Act unless operation on that route under an ODS is essential for national security. Repeals provisions excluding certain vessels from eligibility for an ODS. Reduces the maximum period for ODS contracts from 20 to ten years. Modifies the formula for determining the amount of ODS payments. Eliminates ODS coverage for insurance, maintenance and repair, and subsistence of officers and crews. Shields contracts in effect on the date of enactment of this Act from the changes until specified events occur. Changes the definition of "collective bargaining costs." Requires wage subsidies to be paid semimonthly rather than monthly. Prohibits the Secretary from entering into or making payments on ODS contracts for a dry cargo or dry bulk vessel that is more than 25 years old or a tanker vessel that is more than 20 years old. (Current law prohibits ODS payments for vessels that are more than 25 years old.) Directs the Secretary, in awarding and revising ODS contracts, to ensure that disruptions to parties to existing contracts are minimized. Provides for a reduction of ODS payments for a particular voyage in proportion to the amount of revenue payable under cargo preference provisions, subject to exception. Authorizes the Secretary to carry out ODS provisions so as to provide incentives for improving the efficiency of operation of vessels for which an ODS is paid. Allows the Secretary to authorize a contractor receiving an ODS for operations of a line haul vessel to own or operate certain foreign flag vessels that act as feeder vessels for that line hall vessel. Authorizes the Secretary, notwithstanding specified provisions, to enter into ODS contracts with U.S. citizens for the operation of any militarily useful vessel built in a foreign shipyard if the citizen has a foreign vessel acquisition right issued by the Secretary and if other requirements are met. Directs the Secretary to establish a program for the issuance of a foreign vessel acquisition right with respect to each oceangoing merchant vessel over a specified number of deadweight tons for which construction in the United States is started on or after enactment of this Act. Requires the program to provide for the assignment by the Secretary of the rights to any U.S. citizen. Requires amounts received as revenue under the program to be deposited in the Procure and Charter Shipyard Improvement Fund established under title XIV of the Merchant Marine Act, 1936 for use under that title. Declares that these provisions shall not be construed to authorize any vessel built or acquired outside the United States to engage in the coastwise trade. Authorizes the Secretary: (1) notwithstanding specified provisions, to enter into ODS contracts for one year after enactment of this Act with any qualified operator for the operation of any militarily useful vessel built in a foreign shipyard if the vessel meets certain requirements; and (2) on and after the date of enactment of this Act to enter into ODS contracts for operation of any vessels eligible for such subsidies by reason of these provisions, the contracts to be effective after the vessels are delivered and documented under U.S. laws. Amends the Merchant Marine Act, 1936 to modify the definition, for purposes of provisions relating to cargo preference, of the term "privately owned United States-flag commercial vessels" so as to allow certain foreign-built vessels to carry preference cargo, subject to limitation. Authorizes the Secretary, notwithstanding cargo preference limitations, to declare a foreign-built vessel eligible for preference cargo, if the Secretary is authorized to enter into an ODS contract with respect to that vessel and if other conditions are met. Title III: Procure and Charter Program - Part A: Design and Construction of Vessels and Improvement of Shipyards - Directs the Secretary of Transportation (Secretary) and the Secretary of Defense to establish a program under which amounts in the Procure and Charter Revolving Fund (Fund) must be used to: (1) fund contracts for the design in the United States of military useful merchant vessels; (2) fund contracts for the construction of such vessels in privately owned U.S. shipyards; and (3) provide assistance to such shipyards for improvements to equipment, systems, and techniques. Directs the Secretary to enter into contracts for the: (1) design and construction of prototypes of militarily useful merchant vessels; and (2) construction of militarily useful merchant vessels in accordance with such designs and prototypes. Sets forth vessel requirements, contractor eligibility requirements, and contract restrictions. Directs the Secretary to require that, as part of the contract, any person awarded a contract improve facilities and management systems of the person and achieve improvements in productivity and cost reductions through serial construction. Authorizes the Secretary to provide vessel construction contractors under these provisions financial assistance in an amount equal to one-half of the costs of improvements in vessel construction equipment, systems, and techniques to be used in carrying out the contract. Prohibits the assistance unless the Secretary determines that the assistance will result in reduced total costs and increased productivity in carrying out construction under these provisions. Limits the amount of the assistance. Authorizes appropriations from the fund as necessary for constructing an average of 12 vessels in each of the FY 1989 through 2000. Part B: Vessel Charter and Sale - Directs the Secretary to establish a program for the chartering and disposing of vessels constructed under part A of this title. Authorizes the Secretary to enter into contracts with any eligible person for the charter by the person of such vessels. Sets forth charter contract terms. Directs the Secretary, as a condition of a contract, to require: (1) a deposit to ensure the faithful performance of all requirements of the contracts, including indemnity against liens on the vessel; and (2) insurance at the expense of the person entering into the contract. Sets forth contracting procedures. Allows the Secretary to terminate a contract: (1) on a presidential proclamation that termination is required for national defense; and (2) during a national emergency declared by the President. Directs the Secretary, in chartering vessels, to avoid conferring any unfair advantage on a charterer. Authorizes the Secretary of Transportation (Secretary) and the Secretary of Defense to contract for the charter of any vessel constructed under part A of this title, for use by the Department of the Navy, at rates determined by the Secretary (but not less than the prevailing commercial rate) for not more than two years. Authorizes the Secretary of Defense to contract with any private person to subcharter any vessel constructed under part A, unless the operation of the vessel under that contract will adversely affect the commercial operation of a vessel documented under U.S. laws. Authorizes the Secretary of Transportation (Secretary) to sell or otherwise dispose (including by transfer to the National Defense Reserve Fleet) of a vessel constructed under this title if the vessel is not under contract and no reasonable contract offers have been received, and if other conditions are met. Mandates that the Secretary require as compensation for a vessel sold or disposed of an amount at least as much as the U.S. cost in constructing the vessel, less depreciation. Directs the Secretary, in disposing of vessels, to avoid conferring any unfair advantage on any person who acquires the vessel. Authorizes the Secretary to dispose of a vessel to any person for purposes of scrapping the vessel. Part C: Procure and Charter Revolving Fund - Establishes in the Treasury the Procure and Charter Revolving Fund, to consist of amounts deposited in and transferred to the Fund under these provisions. Directs the Secretary of the Treasury to: (1) deposit in the Fund all proceeds of charters, sales, and disposals under part B of this title, all duties under specified provisions of the Tariff Act of 1930, all proceeds of issuance of foreign vessel acquisition rights under provisions of the Merchant Marine Act, 1936 as amended by this Act, and interest on such amounts; and (2) transfer to the Fund, for each of the FY 1990 through 2000, any difference between the deposited amounts and the amount authorized to be appropriated under part A of this title. Makes amounts in the Fund available to the Secretary for vessel design and construction and shipyard assistance. Terminates the Fund, with the balance reverting to the general fund of the Treasury, upon a finding by the Secretary that amounts in the Fund plus anticipated receipts are insufficient for funding construction contracts. Mandates deposit in the general fund of the Treasury of any amounts received after termination of the Fund. Part D: General Provisions - Directs the Secretary to: (1) submit an annual report to the Congress regarding matters under this title; and (2) issue regulations to carry out this title. Title IV: Simplification of Procedure for Long-Term Military Leases - Amends Federal law to exempt noncombatant oceangoing vessels from provisions relating to authorization required for certain long-term leases of vessels and aircraft by military departments. Directs the Secretary of Defense to submit an annual report to specified committees of the Congress describing each case in which the Department of the Navy is seeking, or considering seeking, to enter into a long-term charter of an oceangoing vessel under the provisions amended by this title. Title V: Vessel Prototype Design and Construction Program - Directs the Secretary of Transportation to: (1) establish a program for the design and construction of dry and liquid cargo vessel prototypes and troop carrying vessel prototypes; (2) establish guidelines for such design and construction; and (3) conduct a series of competitions for the selection of designs for vessel prototypes. Sets forth design criteria. Authorizes the Secretary to contract for the production of vessel prototype designs. Directs the Secretary to encourage such cooperation between naval architecture firms and ship building firms as may facilitate the use of modern production techniques. Directs the Secretary to contract for the construction in private U.S. shipyards of one of each vessel prototype design. Sets forth criteria for selection of shipyards. Directs the Secretary to base contract awards, to the maximum extent practicable, on consideration (in addition to other considerations required by law) of maintaining the U.S. ship building mobilization base. Requires prototypes constructed under this title to be chartered or otherwise disposed of under the program established under part B of title III of this Act. Requires information obtained through the design and construction of prototypes to be made available to private shipyards and ship suppliers. Title VI: Federal Ship Mortgage Insurance - Amends the Merchant Marine Act, 1936 to exclude from the definition of "vessel," as used in provisions relating to Federal ship mortgage insurance: (1) any vessel used primarily for offshore exploration or exploitation of petroleum; and (2) barges, tugs, towboats, and workboats. Title VII: Tax Incentives for Modernization of U.S. Shipyards - Amends provisions of the Merchant Marine Act, 1936 and the Internal Revenue Code regarding tax incentives and relating to merchant marine capital construction funds to define "reconstruction" to include general repairs to a qualified vessel to the extent that their costs exceeds a specified amount. Adds references to shipyards to the same provisions of both Acts. (Current law provides the incentives only for certain vessels and related barges or containers.) Amends the Internal Revenue Code to add qualified vessels and qualified shipyards to the list of exceptions to the termination of the regular percentage, for purposes of determining the amount of the investment tax credit. Restores, for such vessels and shipyards, the depreciation schedule which was in effect on the day before the enactment of the Tax Reform Act of 1986. Title VIII: Tariff and Trade Reform for Vessel Construction and Operation - Amends the Tariff Act of 1930 to impose, when purchased or performed in a foreign country, an ad valorem duty on: (1) modifications and permanent additions to the hull, fittings, or superstructure of a vessel, including inspections required by the classifications societies, insurers, and governmental entities; and (2) vessel drydocking and all services necessary for drydocking. Excluding emergency repairs from imposition of such duty. Relieves the owner or operator of a vessel from liability for the duty if the owner or operator elects to spend, in a shipyard in the United States within five years, for equipment, repair parts or materials, or repairs, a cumulative amount at least equal to the duty. Makes an owner or operator who fails to so spend liable for the duty plus accrued interest. Requires amounts received as a duty to be deposited into the Procure and Charter Revolving Fund established by this Act. Title IX: Expansion of Cargo Reserved for U.S. Vessels - Amends cargo preference provisions of the Merchant Marine Act, 1936 to require that 100 percent of the agricultural and nonagricultural ocean-borne cargoes generated by the U.S. Government, including cargoes generated as a result of a foreign aid cash transfer program, be transported on privately owned U.S.-flag commercial vessels, subject to exception. (Current law requires that 50 percent of nonagricultural and 25 percent of certain agricultural commodities be transported on U.S.-flag commercial vessels.) States that, in authorizing a vessel which is not U.S.-registered to transport any cargo which is foreign assistance subject to the provisions being amended, the Secretary of Transportation must require that 50 percent of the cargo be transported on U.S.-registered vessels and the remainder on vessels registered in the country receiving the assistance. Title X: Increasing Defense Readiness of United States Merchant Marine - Amends the Merchant Marine Act, 1936 to direct the Secretary of Transportation, before approving any assistance under such Act for the construction of a vessel intended for use in the coastwise trade, to submit the plans to the Secretary of Defense for review and approval. Directs the Secretary of Defense to either: (1) certify that the plans are suitable for construction of a vessel which is capable of economical and expeditious conversion to use during war or national defense emergency; or (2) request changes in the plans necessary to enable that conversion. Directs the Secretary of Transportation, subject to appropriations, to pay to a person constructing a vessel in the United States after enactment of this Act to be operated in the coastwise trade, before construction begins, the costs of: (1) constructing any national defense features; (2) maintaining the features for 15 years; (3) additional operating expenses because of the features during that period; and (4) lost revenue during that period because of reduced cargo space. Declares that it is the sense of the Congress that: (1) rates paid by the Department of Defense for the carriage of ocean-borne cargoes should fully compensate the vessel owner and could be based on established commercial rates; and (2) contracts for such carriage should be awarded, compatible with sound business practice (including cost minimization), so as to enhance the strategic sealift capabilities of the U.S.-flag commercial merchant fleet. Prohibits the Department of Defense, subject to exception and after enactment of this Act, from entering into any contract for carriage of cargoes on a vessel which was: (1) not U.S.-built; or (2) documented in the United States after enactment of this Act. Directs the Secretary of Transportation (Secretary) and the Secretary of Defense to establish a national maritime industries research and development program to carry out commercial water-borne and commercial intermodal transportation and strategic sealift-related research and development. Makes the Secretary responsible for administering the program and lists areas which must be included in the program. Directs the two Secretaries to jointly establish the Maritime Research and Development Advisory Board. Directs the Secretary, as a condition of a research and development project under these provisions, to require that private industry pay a portion of the cost of the project. Limits the Federal share to 66 percent and the non-Federal share to a specified dollar amount for each fiscal year. Authorizes appropriations for FY 1991 through 2001. Title XI: Maritime Labor Reform - Repeals provisions of Federal law relating to merchant mariners' documents. Authorizes the Secretary of Transportation, notwithstanding any law, to issue regulations to: (1) allow performance of both deck and engine duties on vessels by qualified personnel; (2) establish the numbers and qualifications of the crew and the watch on vessels; (3) create and keep current licensed and unlicensed personnel ratings; and (4) govern the requirements and standards for documentation of licensed and unlicensed personnel of vessel crews. Directs the Secretary to conduct a study and report to the Congress regarding methods for reducing allowable compensation for port and shipyard workers' injuries and disabilities under the Longshoremen's and Harbor Workers' Compensation Act to a level comparable to other industrial occupations. Title XII: Miscellaneous - Directs the Secretary of State, the Secretary of Transportation, the Secretary of Commerce, the Administrator of the Federal Maritime Commission, and the U.S. Trade Representative to jointly submit an annual report to the Congress regarding unfair foreign trade practices that affect the U.S.-flag merchant marine and maritime industries. Directs the Secretary of Defense to submit an annual report to the Congress regarding specified current and projected maritime defense matters. Directs the Secretary of Transportation to include certain information in an annual report to the Congress required by specified provisions of the Merchant Marine Act, 1936.
United States · United States Congress · 24 May 1989
Older Americans' Freedom to Work Act of 1989 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to remove the limitation on the amount of outside income which beneficiaries who have attained retirement age may earn without incurring a reduction in benefits.
United States · United States Congress · 23 May 1989
Amends Federal law relating to merchant seamen licenses, including licenses as masters, mates, engineers, pilots, operators, and radio officers, to prohibit the Secretary of the Department in which the Coast Guard is operating from issuing or renewing a license, and to require the Secretary to suspend or revoke a license issued, to an individual who the Secretary determines is a current or chronic abuser of alcohol or who fails to make available to the Secretary all information contained in the National Driver Register regarding that individual's motor vehicle driving record. Directs the Secretary to conduct investigations to determine if an individual who holds a license issued by the Secretary is a current or chronic abuser of alcohol if the Secretary receives information regarding any alcohol-related misconduct of the individual or that the individual has been found guilty of an alcohol-related infraction resulting in suspension or revocation of a motor vehicle operator license. Authorizes the Secretary to request an individual who holds a license issued by the Secretary to make available to the Secretary all information contained in the National Driver Register regarding the motor vehicle driving record of that individual. Prohibits the Secretary from terminating a license suspension until the individual provides sufficient proof that the individual is no longer a current or chronic abuser of alcohol. Amends the National Driver Register Act of 1982 to authorize applicants for and holders of such licenses to request the chief State driver licensing official to transmit to the Secretary information regarding such applicants' or holders' motor vehicle driving records. Prescribes the use of such information by the Secretary. Precludes access to information that was entered more than five years before the date of request unless it relates to revocations or suspensions which are still in effect on the date of request.
United States · United States Congress · 23 May 1989
Expresses the sense of the Congress that: (1) the Chinese Government should establish a democratic society with a free and open political system that will protect the human rights of all people living within that country; and (2) the President and Secretary of State should communicate to the Chinese Government that official violence directed at demonstrators will have implications for U.S. relations with that country.
United States · United States Congress · 22 May 1989
Cable Competition Act - Amends the Communications Act of 1934 to authorize a State or cable television franchising authority to regulate the rates that a cable operator may charge for the provision of lifeline television services for any franchising area which is not provided with cable service by two or more cable operators. Defines the "lifeline television service" as the provision of: (1) channels of the three major networks; (2) a public television channel; and (3) one channel carrying each independent local television station. Repeals a provision of such Act which prohibits a telephone company from providing video programming in its telephone service area. Allows a telephone company to: (1) provide video programming directly to subscribers; or (2) provide rental arrangements to any entity which is owned or controlled by, or under common control with, such telephone company for the provision of such video programming. Directs the Federal Communications Commission (FCC) to prescribe regulations to ensure that: (1) the economic risks of video programming business of a telephone company are not borne by telephone service ratepayers in any way; and (2) a common carrier providing video services allocates costs in a manner which protects basic telephone ratepayers from subsidizing the provision of cable video programming. Prohibits a telephone company from providing video programming services if prohibited from doing so by Federal antitrust laws. Makes it unlawful for any person (including a common carrier) to purchase or otherwise acquire control of a cable system without the permission of the franchising authority for that cable system. Prohibits a franchising authority from granting such authority unless: (1) it determines that cable subscribers will benefit from such acquisition; (2) it determines that the number of channels, the signal quality, and the types of services will be expanded; and (3) the person acquiring the cable system agrees to include an obligation to achieve such expanded benefits and services for its customers. Requires a cable operator to: (1) provide cable system access to any program service, except under specified conditions; (2) provide cable system access to any unaffiliated program service under the same rates, terms, and conditions as provided to an affiliated program; and (3) comply with regulations prescribed by the FCC which ensure such access. States that any regulations prescribed by the FCC shall not relieve a common carrier who provides cable service from any regulations under the above Act or any other regulations concerning open network architecture plans and related requirements. Makes it unlawful for any person affiliated with a cable operator who provides programming to any cable operator to engage in any unjust or unreasonable discrimination in charges, practices, regulations, facilities, or services against any person seeking to obtain such programming for distribution over another capable system or over any other medium capable of making the programming available for private viewing. Empowers U.S. district courts with jurisdiction to enforce such prohibitions. Directs the FCC to initiate a proceeding to investigate: (1) the extent to which affiliated persons are engaged in producing and distributing video programming for carriage on cable television systems; and (2) the degree to which such operations result in higher rates for television service or unfair or anticompetitive acts or practices with respect to such programming. Requires the FCC to report immediately to the Attorney General or the Federal Trade Commission (FTC) any acts or practices found during such investigation that appear to violate any law within the jurisdiction of the Attorney General or the FTC. Directs the FCC to report to the Congress on the results of such investigation within one year after the enactment of this Act. Directs the FCC to initiate a proceeding to investigate: (1) the extent to which video programming is being delivered to residents of rural areas by means of cable television systems and other media; and (2) methods which might be used to improve and extend the delivery of such programming by such media. Directs the FCC to report the results of such investigations to the Congress within one year after enactment of this Act.
United States · United States Congress · 18 May 1989
International Plutonium Control Act - Urges the President to seek negotiations with the Soviet Union on a verifiable agreement to end the production by both countries of plutonium and highly enriched uranium for weapons purposes. Expresses the sense of the Congress that the United States and the Soviet Union should: (1) establish verification arrangements to monitor the cessation of activities under this Act, including mutual inspections of production reactors, chemical separation and uranium enrichment facilities, and isotope separation plants; (2) furnish the equipment and personnel to implement safeguards at civilian nuclear facilities and consider transferring the safeguards mission to the International Atomic Energy Agency; and (3) consider increasing their respective contributions to the Agency to fund the assignment of fully trained inspectors to each country to assume additional safeguards responsibilities at civilian nuclear facilities. Urges the President to seek agreement with the Soviet Union that the United States and the Soviet Union will: (1) exchange information on the location, mission, and maximum annual capacity of their facilities essential to the production of tritium for stockpile replenishment; and (2) provide to each other a complete inventory of facilities dedicated to the production of plutonium and uranium for weapons purposes. Prohibits funds from being obligated or expended by the United States to operate facilities dedicated to the production of plutonium for weapons purposes unless the President certifies to the Congress that: (1) the Soviet Union has refused to enter in good faith into the negotiations; (2) the United States is unable to determine that Soviet facilities producing plutonium have ceased operation; or (3) the Soviet Union is continuing to obtain plutonium by operating civilian chemical separation plants that are not under bilateral U.S.-Soviet safeguards.
United States · United States Congress · 18 May 1989
Food Irradiation Safety and Labeling Requirement Act of 1989 - Prohibits the Secretary of Agriculture from implementing pork irradiation regulations and the Secretary of Health and Human Services from implementing other food irradiation regulations. Requires the Secretary of Health and Human Services to arrange for and report within two years on a study of the risks to human health and the environment presented by food irradiation. Amends the Federal Food, Drug, and Cosmetic Act to require that food for domestic use or export which has been irradiated be labeled in a prescribed fashion. Requires restaurant menus to indicate when foods have been irradiated. Requires persons irradiating food to report semiannually to the Secretary.
United States · United States Congress · 16 May 1989
Cable Television Consumer Protection Act of 1989 - Amends the Communications Act of 1934 to authorize a cable television franchising authority, in its request for proposals for a franchise, to require: (1) that the cable system carry the signal of any broadcast station if any portion of the area covered by such franchise lies within the local service area of such broadcast station; (2) that the cable systems carry the commercially available video transmissions of the games of any organized professional sports team if any portion of the area covered by such franchise lies within the home territory of such team; or (3) both. Authorizes a franchising authority to modify cable television franchise agreements in effect to impose such requirements, unless the cable operator demonstrates commercial impracticability. Considers the law of any State or franchising authority which imposed such requirements as a consumer protection law consistent with the Communications Act of 1934. Requires the cable franchising authority (currently the cable operator) to set the price, terms, and conditions of the commercial use of cable television channel capacity by a person unaffiliated with a cable franchising authority. Places a ten-year limitation on cable television franchise agreements. Prohibits any cable operator from entering into any agreement with a producer, distributor, or supplier of cable programming which: (1) gives that operator exclusive rights to that programming within the franchise area; or (2) prevents or hinders another multichannel video program distribution system from purchasing or retransmitting that programming. States that nothing in this Act shall prohibit a common carrier from leasing telephone facilities or equipment to any franchising authority, cable operator, or other applicant that is not owned by, controlled by, or under common control with such common carrier.
United States · United States Congress · 16 May 1989
Women's Business Equity Act - Amends the Small Business Act to establish the Office of Women Business Enterprise (the Office) to promote executive branch programs which facilitate women's business enterprises. Authorizes the Office to develop comprehensive interagency plans and specific program goals for women's business enterprises. Sets forth certification guidelines for such enterprises. Adds 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 to be 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. 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 each Federal agency having procurement powers to: (1) affirmatively solicit offers from small business concerns owned and controlled by women and socially and economically disadvantaged individuals; and (2) include at least one bid from a women-owned business enterprise for specified small purchases of such agency. Imposes penalties for the misrepresentation of a business concern as one owned or controlled by women.
United States · United States Congress · 11 May 1989
Clean Air Restoration Act of 1989 - Title I: General Provisions for Nonattainment Areas - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency to publish guidelines for enhanced State monitoring of ozone, oxides of nitrogen, volatile organic compounds (VOCs), carbon monoxide, and particulate matter 10 (PM 10) and for improved inventories of emissions of such substances. Directs the Administrator to establish emissions factors for estimating emissions of such substances from stationary sources which emit less than 25 tons per year of such pollutants. Requires State plan revisions submitted after this Act's enactment for ozone, carbon monoxide, or PM 10 nonattainment areas to provide for the maintenance of the attainment standard for 20 years after such submission. Directs the Administrator to periodically review and revise such plans, as necessary, to insure the maintenance of such standard. Revises the boundaries of ozone and carbon monoxide nonattainment areas which are classified as Extreme or Severe and are located within Metropolitan Statistical Areas (MSA) or Consolidated Metropolitan Statistical Areas (CMSA) to include the entire MSA or CMSA. Authorizes the Administrator to modify nonattainment areas classified as Moderate or serious for ozone, carbon monoxide, or PM 10 to encompass the entire MSA or CMSA if such modification is necessary to attain the air quality standard. Requires permits issued in nonattainment areas for stationary sources to provide for: (1) quarterly reports to the permitting authority on monitoring measures; and (2) annual certifications to such authority demonstrating compliance with such permit. Prohibits the issuance of any permit unless such authority has conducted an on-site inspection of the source or emissions unit. Allows new or modified stationary sources to comply with any offset requirement for increased emissions of any air pollutant by obtaining enforceable emissions reductions of such pollutant from other sources in the same nonattainment area. Requires such reductions to be in effect by the time such sources commence operation and to insure that the total tonnage of increased emissions is offset by a greater reduction in the actual emissions from other area sources. Title II: Provisions Applicable to Ozone Nonattainment Areas - Classifies ozone nonattainment areas as Moderate, Serious, Severe, or Extreme, based upon the percentage by which the air quality standard is exceeded in the area. Authorizes the Administrator to adjust the classification of areas which would be classified in another category if the ozone level in such areas were ten percent greater or less. Requires the Administrator to promulgate special rules for rural nonattainment areas where area sources do not make significant contributions to the ozone concentration in such areas. Directs States with classified ozone nonattainment areas to submit compliance strategies to the Administrator. Requires such strategies to provide for: (1) meeting an initial milestone for emissions reductions; (2) improved monitoring of ozone, oxides of nitrogen, and VOCs; (3) annual statements from owners or operators of stationary sources showing emissions of oxides of nitrogen and VOCs; and (4) annual emissions inventories to be submitted to the Administrator. Waives the requirement for owners or operators of stationary sources which emit less than 25 tons annually of VOCs if the State provides an inventory of emissions of such sources. Applies requirements for State permits with respect to air quality standards to statements for stationary sources which emit 25 tons or more annually of oxides of nitrogen or VOCs. Deems such sources to be major stationary sources. Establishes fees to be collected by States for each ton of emissions of such substances and approval procedures for compliance strategies. Directs the Administrator to publish oxides of nitrogen and VOC emissions reduction targets for Serious, Severe, and Extreme ozone nonattainment areas. Provides for reductions or increases in such targets based upon percentage reductions or increases over a 1988 emissions inventory. Directs the Administrator to publish a VOC emissions reduction milestone for such areas to require a 20 percent reduction in emissions within four years of this Act's enactment based upon the 1988 emissions inventory. Requires additional milestones to be achieved within eight and 12 years of this Act's enactment. Sets forth attainment dates of four, eight, 12, and 16 years, respectively, for Moderate, Serious, Severe, and Extreme areas. Requires State implementation plans for Serious, Severe, and Extreme areas to be revised to include measures for meeting targets and milestones, conforming with compliance strategies, and attaining and maintaining revised ozone standards. Sets forth approval procedures for such plans. Requires the Administrator to audit biennially and, if necessary, revise such plans to assure compliance. Includes specified ratios for offsets of increased emissions by new or modified sources in permit requirements for Moderate areas. Requires compliance strategies or revised implementation plans for Serious and Severe areas to contain a permit program covering the construction and operation of certain new or modified emissions units. Requires certain emissions offsets by the time such units enter operation. Provides that such plans or strategies shall: (1) contain a motor vehicle inspection and maintenance program to reduce in-use emissions of VOCs and oxides of nitrogen in Serious areas; and (2) require the use of fill nozzles in such areas which prevent vapor discharge and vehicle fuel tank overflows on nozzle disconnect. Applies the nozzle requirement only to facilities which sell more than 10,000 gallons of gasoline per month (50,000 gallons per month in the case of certain independent small business gasoline marketers). Waives such requirement when the Administrator determines that onboard emissions control systems are in widespread use throughout the motor vehicle fleet. Requires such plans or strategies to require all buses which are purchased or leased by State or local governments after January 1, 1992, (for which such governments enter into contracts or for which engines are replaced after such date) and which are used for public transportation in Serious areas to be low-emission vehicles using low-emission fuels. Requires permits for the operation of certain existing stationary sources in Serious, Severe, and Extreme areas. Requires such strategies or plans to establish a schedule requiring at least 30 percent of the new motor vehicles registered in Severe areas by 1998 to be low-emission vehicles using low-emission fuels. Prohibits the use of an emissions reduction trading program to comply with the reasonably available control technology requirement applicable to such sources under the Clean Air Act. Requires tanks used for motor vehicle liquid fuel storage in such areas to be capable of storing methanol. Prohibits the use of Federal funds for transportation planning in such areas unless the Administrator determines that such planning uses all available techniques for reducing aggregate vehicle emissions. Requires all new motor vehicles owned or operated by persons owning or operating 15 or more vehicles in a Severe area after 1992 to be low-emission vehicles using low-emission fuels. Provides that compliance strategies and State implementation plans for Extreme areas shall contain the same requirements as those for Severe areas. Provides that, eight years after this Act's enactment, each electric utility and industrial and commercial boiler emitting more than 25 tons annually of oxides of nitrogen in such areas shall: (1) burn natural gas, methanol, or ethanol (or a comparably low polluting fuel) as a primary fuel; or (2) use advance control technology for reduction of such emissions. Establishes a schedule for increasing in annual increments the percentage of new motor vehicles registered in such areas which are low-emission vehicles. Requires all model year 2000 vehicles to be low-emission vehicles. Authorizes the establishment of traffic control measures during heavy traffic hours to reduce the use of high polluting vehicles in such areas. Allows an Extreme area to apply for a four-year extension of the attainment date. Directs the Administrator to grant such extension if the area is reasonably expected to meet minimum emissions reduction targets and the implementation plan is adequate to meet the attainment standard by the extended date. Sets forth procedures to be applied in the case of noncompliance with plan and compliance strategy requirements, including emissions offsets for new or modified stationary sources or emissions units at a ratio of three to one and a prohibition on the approval of, or awarding of Federal funds for, highway projects in non-complying areas. Sets forth deadlines for States to demonstrate that all measures in compliance strategies have been implemented and that milestones have been met. Provides for reclassification of areas or the implementation of additional measures, including economic incentive programs in Severe and Extreme areas, if a State fails to meet emissions reduction milestones or to submit a demonstration. Directs the Administrator to establish guidelines for such programs. Sets forth administrative procedures for making determinations, including provisional determinations, of attainment of air quality standards during a three-year period. Directs the Administrator to reclassify Moderate, Serious, or Severe areas which fail to meet attainment deadlines into the next, more stringent, category. Requires States with Extreme areas failing to meet such deadlines to submit plan revisions providing for: (1) emissions offsets at a ratio of three to one for new or modified sources or emissions units in such areas; and (2) an economic incentives program to aid in reducing the total tonnage of VOC and oxides of nitrogen emissions by at least five percent annually prior to attainment of the standard. Establishes an ozone transport region comprised of coastal States on the east coast between Maine and Maryland and the CMSA including the District of Columbia. Authorizes the creation of additional regions, as necessary. Directs the Administrator to establish an ozone transport commission for each region. Requires each State within a region to submit to the Administrator a revised implementation plan which requires compliance with emission levels as if the region were classified as a Serious area for ozone. Exempts regions within a State that do not contribute significantly to ozone concentrations in Serious, Severe, or Extreme areas. Permits States or subdivisions to petition the Administrator for the inclusion of another State or portion of a State within an ozone transport region. Requires the Administrator to develop criteria for determining transboundary pollution for ozone. Authorizes the Administrator to pay up to 100 percent of the program costs of such commissions for two years. Directs the Administrator to: (1) list all categories of commercial and consumer solvents, architectural and other surface coatings, pesticide applications, traffic coatings, and military specification coatings which release significant evaporative emissions of VOCs; and (2) promulgate standards biennially, for eight years, to reduce emissions from the highest priority group of such substances to the lowest feasible emissions rate. Requires the Administrator to publish a list of the 12 categories of stationary sources for which control technologies have not been published and which make the most significant contribution to the formation of ozone air pollution. Directs the Administrator to publish guidance for such sources, including guidelines for monitoring emissions of VOCs and oxides of nitrogen, and review and, if necessary, update such guidelines. Requires owners or operators of sources emitting ten tons or more of VOCs annually to reduce such emissions by a specified percentage if guidance for such source has not been published. Directs the Administrator to publish a control technology document regarding control of VOC emissions from the loading of petroleum products on or off of vessels. Provides that such emissions shall be considered to be direct emissions of the onshore terminal. Title III: Provisions Applicable to Carbon Monoxide Nonattainment Areas - Classifies carbon monoxide nonattainment areas as Moderate, Serious, or Severe. Authorizes the Administrator to adjust such classifications under conditions parallel to those for ozone nonattainment areas. Requires the Administrator to publish carbon monoxide concentration milestones for Serious and Severe areas to be achieved within four and eight years of this Act's enactment, respectively. Sets forth attainment dates of four, eight, and twelve years, respectively, for Moderate, Serious, and Severe areas. Sets forth requirements parallel to those for ozone nonattainment areas for State plan revisions, content, approval, and auditing. Requires plans for Serious and Severe areas to include: (1) motor vehicle inspection and maintenance programs to reduce in-use carbon monoxide emissions; and (2) provisions requiring the use of oxygenated fuels for all gasoline-powered motor vehicles during periods identified as having carbon monoxide concentrations potentially in excess of air quality standards. Directs the Administrator to promulgate guidelines allowing the use of marketable oxygen credits from fuels with higher oxygen contents than required to offset the sale or use of fuels with lower contents than required. Waives the oxygenated fuel requirement upon a demonstration that the use of such fuels would prevent or interfere with an area's attainment of a standard for any other air pollutant. Requires persons selling oxygenated fuel to label the fuel dispensing system accordingly. Sets forth requirements parallel to those for ozone nonattainment areas for: (1) permit programs and emissions offsets in Severe areas; (2) persons owning or operating more than 15 vehicles in such areas; and (3) funding for transportation planning. Provides for a $5 per vehicle annual registration fee in such areas. Makes registration revenues available to the State air pollution control agency for developing carbon monoxide emissions reduction strategies. Sets forth requirements parallel to those for ozone nonattainment areas for noncompliance procedures and State demonstrations. Provides for the implementation of an incentives program to reduce vehicle miles traveled in Severe areas if milestones or demonstration requirements have not been met. Provides for reclassification and plan revision procedures parallel to those required for Severe and Extreme ozone nonattainment areas. Title IV: Provisions Applicable to PM 10 Nonattainment Areas - Classifies PM 10 nonattainment areas as Serious or Severe. Sets forth attainment dates of four and eight years after this Act's enactment, respectively, for Serious and Severe areas. Directs the Administrator to publish PM 10 concentration milestones for Severe areas to require a 50 percent reduction in concentrations within four years of this Act's enactment. Sets forth requirements parallel to those for ozone and carbon monoxide nonattainment areas for: (1) State plan revisions, content, approval, and auditing; and (2) permit programs for Serious and Severe areas. Requires permits for the operation of: (1) certain existing sources in Severe areas; and (2) new, modified, and existing sources of PM 10 precursors where such emissions contribute significantly to PM 10 concentrations in nonattainment areas. Sets forth requirements parallel to those for ozone and carbon monoxide nonattainment areas for noncompliance, State demonstrations, reclassifications, and plan revisions. Allows States which have submitted plan revisions for Severe areas to apply for a two-year extension of the attainment date. Provides that three to one offset requirements shall not apply to areas granted such extensions. Waives any PM 10 requirements if determined that anthropogenic sources of PM 10 do not contribute significantly to the violation of the PM 10 standard in the area. Directs the Administrator to: (1) list all important categories of PM 10 emissions and precursors; and (2) publish biennial guidelines concerning the best available control technology for PM 10 emissions from stationary sources in the highest priority group. Requires the Administrator to promulgate regulations for PM 10 emissions reduction from existing diesel buses in Severe areas to require the use of lower polluting fuels. Requires State plans to include annual PM 10 emissions inventories to be submitted to the Administrator. Provides for revisions of such plans if air quality standards are modified. Requires plans to contain measures to improve the ambient monitoring of PM 10. Title V: Mobile Sources - Sets standards for emissions of hydrocarbons, oxides of nitrogen, carbon monoxide, and particulates from: (1) passenger cars and light duty trucks manufactured after 1991; and (2) heavy duty trucks and buses manufactured after 1990. Directs the Administrator to promulgate standards for vehicles using low-emissions fuel. Requires the Administrator to evaluate and, if necessary, revise such standards at least every four years. Directs the Administrator to establish a minimum percentage of new motor vehicles to be certified as low-emissions vehicles. Requires the Administrator to promulgate emissions standards for internal combustion engines used in any vehicle or machine manufactured after January 1, 1993. Requires such standards to be proportional to those for motor vehicle engines of comparable horsepower using the same fuel. Directs the Administrator to add an idle test to the Federal Test Procedure for emissions from light duty vehicles manufactured after 1991. Permits only ten percent of vehicles manufactured after 1990 in a selective enforcement audit to fail motor vehicle testing. Requires the Administrator to review and revise, as necessary, testing regulations to insure that vehicles are tested under circumstances reflecting actual current driving conditions. Requires each vehicle and engine to comply with the applicable emissions standard (Current law permits averaging). Provides that the useful life of vehicles and engines manufactured after 1994 shall be ten years or 100,000 miles. Makes technical amendments to prohibitions on tampering with vehicle emission control devices. Directs the Administrator to require the use of best available technology to control evaporative emissions from motor vehicles for a vehicle's useful life. Sets standards for emission of hydrocarbons, carbon monoxide, and evaporative hydrocarbons from motorcycles manufactured after 1991. Requires the installation of onboard emission diagnostic equipment on motor vehicles. Directs the Administrator to: (1) promulgate regulations to reduce evaporative emissions from motor vehicle fuels; and (2) establish a standard for gasoline volatility. Requires new light duty motor vehicles manufactured in the second year after standards are promulgated to be equipped with onboard evaporative emissions control systems. Provides for carbon monoxide emissions testing at 20 degrees Fahrenheit of passenger cars and light duty trucks manufactured after model year 1992. Sets emissions standards at such temperature. Title VI: Miscellaneous Provisions - Requires the Administrator to establish requirements to control air pollution from Outer Continental Shelf sources. Authorizes States adjacent to such sources to submit to the Administrator procedures for enforcing such requirements. Directs the Administrator to delegate enforcement authority to States with adequate procedures. Authorizes the Administrator to substitute maximum allowable increases in particulate matter smaller than or equal to ten micrometers (PM 10) for maximum allowable increases in such matter specified under the Clean Air Act. Authorizes the Administrator to: (1) treat Indian tribes as States under the Clean Air Act; (2) delegate to such tribes primary responsibility for assuring air pollution control; and (3) provide such tribes grant and contract assistance to carry out such functions. Outlines requirements for such authorization. Authorizes the Administrator to promulgate other means for administering such authorities where such treatment is inappropriate. Directs the Administrator to list nonattainment areas for air pollutants other than those covered by this Act when a new or revised air quality standard is promulgated. Applies the PM 10 standards, excepting attainment deadlines and provisions relating to diesel buses, to such areas. Requires the Administrator to make information regarding emissions control technology available to States and the public through a central database. Repeals provisions concerning enforcement orders and violations by owners or operators of major stationary sources. Requires States to submit plan revisions for nonattainment areas failing to meet attainment deadlines for air pollutants other than those covered by this Act. Requires new or modified sources of such pollutants to comply with provisions of this Act and applies an emissions offset ratio of three to one to such pollutants. Directs the Administrator to conduct biennial audits of motor vehicle inspection and maintenance programs in Severe or Extreme ozone or carbon monoxide nonattainment areas. Increases and expands the scope of penalties and violations of the Clean Air Act. Authorizes appropriations for FY 1990 through 1994.
United States · United States Congress · 11 May 1989
Low-Income Housing Credit Act of 1989 - Amends the Internal Revenue Code to make permanent the low-income housing income tax credit (under current law the credit will expire after tax year 1989). Permits States a one-year carryover of unused credit authority. Assigns carryovers to the Secretary of Housing and Urban Development to allocate to eligible States applying for excess credit. Allows the credit only if an extended low-income housing commitment (beyond the current 15-year period) is in effect with respect to any building for the relevant taxable year. Describes procedures to effect transition to a non-low-income use in connection with such extensions. Permits the credit in connection with the acquisition of an existing building only if the taxpayer incurs rehabilitation expenditures of at least $3,000 per unit. Revises rent restrictions to: (1) declare unnecessary a required rent reduction below the initial rent if the median gross income of the area decreases; (2) permit higher rent if units are occupied by higher income individuals and the project has an operating deficit; (3) base income limitations on the number of bedrooms in a unit; and (4) use State median gross income in certain low-income housing status determinations. Broadens categories of existing buildings eligible for a waiver of the ten-year requirement for the low-income housing credit. Revises credit provisions relating to single-room occupancy units and special needs housing. Loosens restrictions that limit credit benefits in connection with buildings financed with tax-exempt bonds and below market loans. Permits the credit to be allocated: (1) on a project basis; and (2) in connection with owner-occupied buildings of four units or less if a development plan is submitted. Directs housing credit agencies to adopt plans for allocating credit amounts among projects, prohibiting the credit with respect to any building not included in such a plan. Modifies at-risk rules in connection with buildings subject to the historic rehabilitation credit and those associated with financing provided by certain nonprofit organizations. Sets the tax credit rate on a semiannual rather than monthly basis. Increases the credit in connection with buildings in high cost areas (low-income census tracts or difficult development areas).
United States · United States Congress · 9 May 1989
Americans with Disabilities Act of 1989 - Title I: General Prohibition Against Discrimination - Declares that it shall be discriminatory, on the basis of disability, to deny opportunities or to afford them unequally, to provide opportunities less effectively (or differently or separately, unless necessary for effectiveness), to assist an organization or individual that discriminates, or to otherwise limit opportunities enjoyed by others. Prohibits the use of standards, criteria, or administrative methods that have the purpose or effect of discrimination or perpetuate discrimination. Declares it discriminatory to deny equal opportunities because of the relationship or association of an individual with another individual with a disability. Allows as a defense to a charge of discrimination that an application of standards or criteria has been demonstrated to be both necessary and substantially related to the ability of an individual to take advantage of the essential components of the opportunity, and that the taking advantage cannot be accomplished by reasonable accommodations, modifications, or the provision of auxiliary aids or services. Title II: Employment - Prohibits discrimination by any employer, employment agency, labor organization, or joint labor-management committee against any qualified individual with a disability in job application procedures, hiring or discharge, compensation, advancement, training, and other terms, conditions, and privileges of employment. Lists types of actions construed to be discrimination. Makes the remedies set forth in specified provisions of the Civil Rights Act of 1964 and other specified Federal law available to any individual who believes that he or she is being or is about to be subjected to discrimination in violation of this Act. Title III: Public Services - Declares that no qualified individual with a disability shall be excluded from the participation in, denied the benefits of, or subjected to discrimination by a State, or by an agency, political subdivision, or other instrumentality of a State. Lists types of actions deemed, for purposes of this Act and specified provisions of the Rehabilitation Act of 1973, to be discrimination with regard to public transportation. Makes the remedies and rights set forth in specified provisions of the Rehabilitation Act of 1973 available to any individual who believes that he or she is being or is about to be subjected to discrimination in violation of this Act. Title IV: Public Accommodations and Services Operated by Private Entities - Prohibits discrimination on the basis of disability in the enjoyment of any place of public accommodation. Lists types of actions construed to be discrimination. Prohibits discrimination on the basis of disability in public transportation services provided by a private entity that is primarily engaged in transporting people, but that is not in the principal business of air transportation. Lists types of actions construed to be discrimination. Makes specified provisions of the Fair Housing Act relating to enforcement available, subject to exception, to any aggrieved individual. Title V: Telecommunications Relay Services - Defines "telecommunications relay services" to mean services that enable simultaneous communication between individuals who use telecommunications devices for the deaf (TDDs) or other nonvoice terminal devices and individuals who do not use such devices. Declares it discriminatory for any common carrier that offers telephone services to the public to fail to provide interstate or intrastate telecommunication relay services that are equal to those provided to their customers who are able to use voice services, except in any State in which services are provided through an entity designated by the State. Declares it discrimination by a State that makes such a designation if the State fails to provide interstate or intrastate relay services that are equal to those provided to their voice customers. Makes specified provisions of the Fair Housing Act relating to enforcement available, subject to exception, to any aggrieved individual. Requires the Federal Communications Commission to enforce this title. Makes specified provisions of the Communications Act of 1934 apply with respect to the enforcement of this title. Provides for cease and desist orders by the Commission and for monetary penalties. Title VI: Miscellaneous Provisions - Prohibits retaliatory discrimination against any individual because of actions related to this Act. Declares that a State shall not be immune under the 11th Amendment to the Constitution from an action in Federal court for a violation of this Act. Requires the Architectural and Transportation Barriers Compliance Board to issue minimum guidelines to supplement the existing Minimum Guidelines and Requirements for Accessible Design. Allows the awarding of reasonable attorney's fees, in certain circumstances, in any action or proceeding under this Act.
United States · United States Congress · 9 May 1989
Advanced Television Competitiveness Act of 1989 - Directs the Secretary of Commerce to provide for the establishment of an industry-led consortium, to be known as TV Tech, to conduct research, development, and manufacturing activities in the field of high definition television and other advanced television systems. Outlines membership provisions concerning TV Tech. Requires the Directorate of TV Tech (the controlling group) to appoint from among employees of firms that are members of TV Tech a Commercial Coordinating Group to coordinate and advise on the commercially related activities of TV Tech and a Technical Coordinating Group to coordinate and advise on the technical activities of TV Tech. Requires the Directorate to establish a variety of projects related to advanced television system technologies, each to be supervised by a project leader. Provides a Project Leaders Coordinating Group to facilitate the sharing among projects of costs, planning, and the dissemination of obtained information. Establishes an Advisory Council on Federal Participation in TV Tech to: (1) advise the Directorate on appropriate goals for activities; and (2) conduct an annual review of TV Tech activities to determine progress made in achieving the purposes of this Act. Outlines membership and funding provisions for the Council. Provides that the conduct of any person making or performing a contract to carry out activities authorized by this Act shall not be considered illegal per se under antitrust laws, but shall be judged on the basis of its reasonableness. Provides that, for the purposes of damages recovery and attorneys' fees, conduct authorized by this Act shall be considered within the scope of a notification under appropriate provisions of the National Cooperative Research Act of 1984. Permits TV Tech to enter into contracts which would result in the transfer to any person outside the United States of technology developed in the United States only when authorized by the Directorate, in consultation with the Advisory Council. Permits a non-U.S.-owned firm to obtain licensing rights from TV Tech with respect to technology developed in the United States only if: (1) all royalties connected with such license are retained by TV Tech or a U.S.-owned firm; and (2) all components are manufactured in the United States, unless special circumstances warrant otherwise. Provides for reversion to TV Tech of all patents held by a member firm of TV Tech which ceases to be a U.S.-owned firm. Allows research and development programs undertaken by TV Tech to culminate in pilot projects as appropriate. Authorizes TV Tech to enter into agreements with a State to encourage development of full-scale projects at the State level.
United States · United States Congress · 9 May 1989
Limits assessments of underpayments with respect to taxable periods beginning before July 1, 1985, in connection with the annual $250 occupational tax on retail liquor and beer dealers. Abates assessments and refunds overpayments of any post-1987 tax.
United States · United States Congress · 9 May 1989
Alternative Fuels Incentive Act of 1989 - Amends the Internal Revenue Code to permit an income tax credit for investments in qualified clean-burning (natural gas, liquefied petroleum gas, or alcohol) motor vehicle fuel property. Permits a 20 percent credit from 1990 through 1999, phasing out the credit in five percent increments annually thereafter to reach zero percent at the end of 2002. Applies the credit to depreciable property that is: (1) equipment designed either to modify a motor vehicle so that it will be propelled only be a clean-burning fuel or to assist in delivering such fuel into such vehicles; or (2) a motor vehicle propelled by clean-burning fuel. Authorizes the Secretary of the Treasury to make credit-equivalent payments to States and to local governments in connection with qualified property.
United States · United States Congress · 9 May 1989
Allows the obsolete destroyer U.S.S. Edson to be transferred to the Intrepid Sea-Air-Space Museum in New York before the expiration of the otherwise applicable congressional review period.
United States · United States Congress · 3 May 1989
Oil Spill Resource Restoration Act - Requires the Commandant of the Coast Guard, in the case of a major spill on navigable water, the Secretary of the Interior, in the case of any other spill, and the Governor of the State in which the spill occurs to submit to the Administrator of the Environmental Protection Agency petitions for the initiation of an expedited damage assessment proceeding. Authorizes trustees and any persons affected by such spill to submit petitions to the Administrator. Directs the Administrator, upon receiving a petition, to immediately initiate an expedited assessment of the damages to natural resources caused by the spill. Requires the Administrator to issue an order making a finding whether the spill is a major spill and, upon finding that it is a major spill, to: (1) designate lead Federal and State trustees, based on which Federal and State trustees' natural resources are most likely to be severely affected by such spill; (2) establish a natural resources trustee commission to be composed of such trustees and the Administrator; and (3) direct the responsible parties to establish a trust fund which is accessible to such commission and in an amount adequate to pay costs incurred by the commission in conducting a full assessment of the damages to natural resources and preparing a restoration and replacement plan. Authorizes the Administrator to revise such order upon submission of a petition asserting that the amount deposited in the trust fund is insufficient to carry out a full damage assessment. Requires the commission to present a final claim to the responsible parties for the cost of repairing and replacing natural resources damaged by a spill. Authorizes the Commission to amend such claim upon receiving new information regarding the nature or extent of damages or destruction caused by such spill. Requires the responsible parties to deposit the final claim amount into the trust fund. Terminates the commission on a finding that natural resources were not significantly destroyed or damaged or that such resources have been restored to the extent practicable. Provides for automatic termination of the commission six years after the commission presents its final claim unless the commission finds specific reason to continue assessment and oversight functions. Provides for judicial review of any order, final claim, or termination of the commission pursuant to this Act. Creates a rebuttable presumption that such orders and final claims shall be valid unless proven to be arbitrary, capricious, or otherwise not in accordance with law. Makes responsible parties who fail to meet the requirements of this Act liable for specified punitive damages. Amends the Internal Revenue Code to disallow any income tax deduction for oil or hazardous substances cleanup costs, including related legal expenses, unless: (1) the Secretary of the Treasury receives certification from the relevant authority that the taxpayer has made a good faith effort to comply with specified Federal environmental law; or (2) the discharge was caused by an act of God, an act of war, negligence on the part of the U.S. Government, or an act or omission of a third party.
United States · United States Congress · 3 May 1989
Law Enforcement National Labor-Management Relations Act - Declares it to be the policy of the United States to recognize the rights of law enforcement officers employed by States, local governments, and territories and possessions of the United States to organize and bargain collectively. Establishes procedures for settlement of disputes between such employees and their employers. Sets forth the rights of such officers as employees and the rights of their employee organizations. Obliges each such employee to pay a representation fee to the exclusive representative if it has been recognized for the employees in an appropriate collective bargaining unit. Sets forth procedures for such recognition and exclusive representation. Sets forth an impasse procedure. Provides for appointment of an arbitration panel. Sets forth provisions for: (1) hearing before arbitration panels; (2) records, transcripts, and decisions; (3) awards and enforcement; and (4) arbitration costs. Sets forth unfair labor practices which are unlawful for an employer or an employee organization or exclusive representative to commit. Sets forth the nature of the duty to bargain. Empowers the Federal Labor Relations Authority to prevent any person from engaging in any unfair labor practice enumerated under this Act. Sets forth complaint procedures. Sets forth a no strike provision. Prohibits any law enforcement officer or exclusive representative from engaging in a strike or inducing, encouraging, or condoning any strike, work stoppage, slowdown, or withholding of services by law enforcement officers. Sets forth this Act's relation to other laws. Makes this Act, with a specified exception, the exclusive method for regulating the relationship between employers and their law enforcement officer employees in regard to all matters covered by the Act, preempting any provision of any Federal, State, or local law which is inconsistent with it. Allows any State, city, or territory or possession of the U.S. which establishes a system substantially equivalent to the one established by this Act to apply to the Secretary of Labor for an exemption from it. Provides for judicial review of the Secretary's determinations of such exemptions. Provides that, except as otherwise expressly provided in this Act, nothing in it shall be construed to annul, modify, or preclude the renewal or continuation of any lawful agreement entered into before enactment of this Act between an employer and an employee organization covering the terms and conditions of employment and related matters of mutual concern.
United States · United States Congress · 3 May 1989
Designates the Labor Day weekend beginning on September 2, 1989, as National Drive for Life Weekend. Calls on people to observe that weekend with a pledge to not drink and drive.
United States · United States Congress · 2 May 1989
National Voter Registration Act of 1989 - Requires each State to establish procedures with respect to elections for Federal office to permit voter registration by: (1) application in person simultaneously with application for a motor vehicle driver's license; (2) mail application; and (3) application in person at designated Federal, State, and private sector locations. Declares that this Act does not apply to any State that has no voter registration requirement with respect to elections for Federal office. Requires each State to establish a uniform and nondiscriminatory program to confirm the registration of voters in such State. States that challenges to the qualifications of an individual to vote in an election for Federal office may be made on the day of the election only as provided by State law. Provides for individuals with and without documentary proof of qualification to vote. Sets forth a special procedure to enable an individual to vote when his registration to vote cannot be verified. Requires each State to: (1) assure that any eligible applicant who submits his or her application 30 days before the election is registered to vote in the election; (2) require the appropriate State election official to notify each applicant of the disposition of the application; (3) provide that the name of a voter may not be removed from the official list of eligible voters for failure to vote or any other reason except death, criminal conviction, mental incapacity, change in residence, or voter request; and (4) inform those who register pursuant to this Act of voter eligibility requirements and penalties provided by law for submission of a false voter registration application. Requires the Federal Election Commission to report on the impact of this Act on the administration of elections for Federal office. Requires each State to designate a chief State election official to coordinate State functions under this Act. Provides a private right of action for an individual aggrieved by a violation of this Act. Provides for the awarding of attorney fees to the prevailing party, other than the United States. Imposes criminal penalties upon any person who: (1) intimidates, threatens, or coerces any person for registering or voting or exercising any right under this Act; or (2) deprives or defrauds the inhabitants of a State of a fair and impartially conducted election process. Authorizes appropriations necessary to carry out this Act.
United States · United States Congress · 2 May 1989
Foreign Language Competence for the Future Act of 1989 - Authorizes the Secretary of Education to make: (1) grants to higher education institutions and consortia for summer foreign language institutes for elementary and secondary school foreign language teachers; (2) allotments to State education agencies for revolving loan funds for college students majoring in elementary and secondary foreign language education; (3) matching grants to States and major metropolitan areas for foreign language institutes and world trade council units to provide language training, translation services, and information about other cultures and markets to small- and medium-sized businesses seeking to enter export markets; (4) demonstration grants to State education agencies, higher education institutions, and nonprofit education and professional associations for technology for distance learning; and (5) demonstration grants to eligible consortia for critical languages and area studies programs and other activities to improve and expand elementary and secondary foreign language instruction. Authorizes appropriations for FY 1990 through 1994.
United States · United States Congress · 2 May 1989
Designates September 8, 1989, as National Pledge of Allegiance Day. Expresses the sense of the Congress that the Christopher Columbus Quincentenary Jubilee Commission should include the centennial observance of the Pledge of Allegiance in its commemorative activities.
United States · United States Congress · 26 April 1989
Amends Internal Revenue Code provisions governing the income tax deduction for the health insurance costs of self-employed individuals to: (1) make the deduction permanent (under current law it will expire after tax year 1989); and (2) phase in an increase in the allowable deduction, reaching 100 percent for taxable years beginning in 1994 and thereafter.
![Official portrait of Rep. Hochbrueckner, George J. [D-NY-1]](https://www.congress.gov/img/member/h000670_200.jpg)