United States · United States Congress · 7 September 1989
Amends the Hazardous Materials Transportation Act to direct the Secretary of Transportation to issue regulations for the safe transportation of hazardous materials in domestic and foreign commerce (including route designations). Cites the area in which Federal regulations preempt State and local hazardous materials transportation requirements. Authorizes the Secretary to promulgate regulations for dispute resolution among the States or local governments regarding hazardous materials highway route designations. Permits States or local governments to petition for judicial review of the dispute resolution decision. Grants the Secretary discretion to either adopt or reject hazardous materials transportation standards adopted by international bodies according to the Secretary's perception of the public interest. Prohibits a person from representing that: (1) a container for the transportation of hazardous materials is safe and in compliance with the requirements of this Act if it is not; or (2) a hazardous material is present in such a container, motor vehicle, rail freight car, aircraft, or vessel if such material is not present. Prohibits a person from altering: (1) any label or description on any document required by this Act; or (2) any container, motor vehicle, rail freight car, aircraft, or vessel used for the transportation of such hazardous materials. Requires motor carriers of specified hazardous materials (including radioactive materials) to possess a valid safety permit issued by the Secretary authorizing the carrier to engage in such transportation. Cites circumstances under which such permits may be suspended or revoked. Amends the definition of radioactive materials to state that it does not include any materials determined by the Secretary to be of such low radioactivity that they do not pose a significant hazard when transported. Revises the scope of civil penalties to impose liability for violations of orders issued under this Act. Declares that no U.S. employee shall be personally liable for any civil penalty arising from the performance of such employee's duties, for which the employee is not otherwise liable. Prescribes guidelines under which the preemption of State laws conflicting with this Act shall be determined. Authorizes appropriations for FY 1990 through 1991.
United States · United States Congress · 6 September 1989
Drug Paraphernalia Control Act of 1989 - Establishes criminal penalties for the possession, sale, delivery, manufacture, or advertisement of drug paraphernalia. Defines "drug paraphernalia" and sets forth guidelines for determining whether an object falls within such definition. Provides for enhanced penalties for delivery of drug paraphernalia to a minor. Includes drug paraphernalia within the civil forfeiture provisions of the Controlled Substances Act. Directs the Administrator of the Drug Enforcement Administration (DEA) to establish within the DEA a task force to monitor enforcement of this Act.
United States · United States Congress · 4 August 1989
Amendments to the Merchant Marine Act, 1920 - Amends the Merchant Marine Act, 1920 to authorize and direct the Federal Maritime Commission to make rules and regulations regarding intermodal movements, terminal operations, cargo solicitation, forwarding and agency services, non-vessel-operating common carrier operations, and other activities integral to transportation systems. Authorizes the Commission, in furtherance of the purposes of such Act, to initiate rules and regulations on its own motion or pursuant to a petition by a person. Authorizes the Commission to require a person to file information with the Commission. Makes a person who fails to file such required information liable for civil fines. Empowers the Commission to authorize a party to use depositions, written interrogatories, and discovery procedures in conformity, to the extent practicable, with those of the U.S. district courts. Grants the Commission subpoena power. Entitles, subject to funds being appropriated, witnesses to the same fees and mileage as in U.S. courts. Authorizes the Commission, for failure to supply information ordered or subpoenaed, to: (1) suspend tariffs of a common carrier or suspend that carrier's right to use tariffs of conferences of which it is a member; or (2) assess a civil fine. Authorizes the Commission to seek enforcement of such information order or subpoena in U.S. district court. Authorizes the Commission, notwithstanding another law, to refuse to disclose to the public information provided under certain provisions amended by this Act. Authorizes the Commission, upon its finding of conditions unfavorable to shipping in the foreign trade of the United States, to: (1) limit sailings; (2) suspend tariffs; (3) suspend a common carrier's right to operate under an agreement filed with the Commission; (4) impose a per-voyage fee up to a specified amount; or (5) take any other action the Commission finds necessary and appropriate. Requires the collector of customs, upon request by the Commission, to: (1) refuse clearance to a vessel of a country named in a rule or regulation issued by the Commission; and (2) collect any such per-voyage fees imposed by the Commission. Requires the Secretary of the department in which the Coast Guard is operating, with regard to a vessel of a country so named by the Commission, to: (1) deny entry, for purpose of oceanborne trade, into the United States; or (2) detain from leaving a place in the United States for another place in the United States. Makes a common carrier which accepts or handles cargo under a tariff which has been suspended as provided in this Act or after its right to use another tariff has been so suspended subject to a civil fine. Authorizes the Commission to consult with other Government agencies before taking action under the provisions amended by this Act.
United States · United States Congress · 3 August 1989
Title I: Combined Sewer and Storm Water System Overflow Control - Estuarine Zone and Marine Waters Combined Sewer Overflow Control Act - Amends the Federal Water Pollution Control Act to require the Administrator of the Environmental Protection Agency to issue regulations setting forth permit requirements for discharges from combined storm water and sanitary sewer overflows into the estuarine zone and marine waters. Directs the Administrator, in determining the content of such regulations, to take into account; (1) the expected composition, frequency, and volume of each discharge; (2) the anticipated effect of each discharge on the environment, economy, and aesthetic and recreational values of the receiving waters; and (3) the need for a flexible approach in minimizing such discharges. Authorizes the Administrator to issue permits after 1999 for such discharges only if the permittee has taken reasonable efforts to eliminate dry weather discharges and to minimize wet weather discharges. Requires the Administrator to provide technical assistance to State and local governments issued permits under this Act. Directs permittees, as a condition for permit issuance or renewal, to budget and expend an amount of funds for: (1) identifying all discharges of overflows into the estuarine zone and marine waters; (2) implementing technology-based limitations of such discharges; and (3) eliminating such discharges. Waives such requirement if the Administrator determines that the permittee or the State in which such permittee is located has begun to implement a plan that will result in the cessation of dry weather discharges and minimization of wet weather discharges by the year 2000. Makes funds available to permittees to address water quality problems resulting from such discharges. Directs the Administrator to report to the Congress on: (1) the feasibility and cost of establishing a technological clearinghouse to make available to States and local governments information on, and assistance in, controlling and ceasing discharges of overflows from combined storm water and sanitary sewers into the estuarine zone and marine waters; and (2) the major components of discharges which contribute significantly to floating debris and debris which washes up on shores and ways to eliminate the introduction of such debris into combined storm water and sanitary sewer systems. Authorizes appropriations. Title II: National Estuary Program Amendment - National Estuary Program Amendment Act - Requires the Administrator to: (1) identify estuaries where overflow discharges from combined storm water and sanitary sewer systems constitute a major source of pollution; (2) urge that the management conference for each estuary develop a priority action plan to address such overflows; and (3) report to the Congress on the extent of such discharges and the anticipated Federal cost of addressing the problem. Title III: Marine Pollution Discharge Abatement - Marine Discharge Abatement Act - Prohibits the issuance or renewal of permits for pollutant discharges into estuaries, estuarine zones, the territorial sea, the waters of the contiguous zone, or the oceans unless: (1) the need for the discharge has been demonstrated by the applicant and the Administrator has determined there is no environmentally sound alternative; (2) the permittee establishes an on-going monitoring program for each discharge; and (3) the applicant agrees to include within the permit a provision to allow the Administrator to modify or terminate such permit if such action is in the public interest and necessary to prevent the degradation of such waters. Directs the Administrator and the Under Secretary of Commerce for Oceans and Atmosphere to review existing guidelines and to promulgate guidelines necessary to prevent the degradation of such waters. Prohibits the waiver of such requirements for permit issuances or renewals.
United States · United States Congress · 2 August 1989
Calls upon the President to: (1) seek the immediate extradition of Abdul Obeid from Israel to the United States, pursuant to the 1962 extradition convention between the United States and Israel; and (2) ensure that, upon entry into the United States, Obeid is arrested on charges regarding the kidnapping and murder of Lieutenant Colonel Higgins and prosecuted to the fullest extent of the law.
United States · United States Congress · 1 August 1989
Expresses the sense of the Congress that each State should develop a curriculum and related instructional units for instructing schoolchildren in the political, economic, social, ethical, and historical causes of genocide generally and the Holocaust specifically.
United States · United States Congress · 31 July 1989
Investment Adviser Self-Regulation Act - Amends the Investment Advisers Act of 1940 to declare it is unlawful for any registered investment adviser (with specified exceptions) to use the mails or any instrumentality of interstate commerce in connection with the adviser's investment business unless such adviser is a member of a self-regulating national investment adviser association. registered with the Securities and Exchange Commission (SEC). Prescribes procedural guidelines for SEC review and approval of a national investment adviser association's application for registration as a self-regulatory organization. Includes among the prerequisites for such approval that: (1) the association can enforce compliance with its rules; (2) the association's rules are designed to prevent fraud and manipulative business practices; and (3) the association's rules provide for appropriate disciplinary measures including expulsion, suspension, and limitation of activities. Outlines the SEC's oversight powers over such self-regulatory organizations, including the power to impose sanctions upon an association found to be in violation of SEC rules. Authorizes the SEC to impose recordkeeping requirements upon such self-regulatory associations. Authorizes the SEC to exempt anyone from any investment adviser (self-regulatory) association rule. Authorizes the SEC to investigate infractions of self-regulatory association rules. Confers jurisdiction upon Federal district courts to issue orders commanding: (1) compliance with this Act; or (2) any investment adviser self-regulatory association to enforce compliance by its members with either this Act or with its rules. Requires the SEC to keep public records of all communications pertaining to either registration applications by an investment adviser self-regulatory association, or to proposed rule changes by such association. Provides guidelines for judicial review of SEC rules. Invalidates any contract term that would require a person to waive compliance with any rule of a national investment adviser association. Requires the SEC to include in its annual report to the Congress: (1) a summary of its oversight activities with respect to any investment adviser self-regulatory association; and (2) an expense and operations analysis of each investment adviser self-regulatory association regarding its responsibilities under this Act.
United States · United States Congress · 27 July 1989
Veterans PTSD Treatment and Psychological Readjustment Act of 1989 - Directs the Secretary of Veterans Affairs to increase the number of: (1) vet centers currently in existence by 20 additional units by December 31, 1991, and by 20 more units by December 31, 1994; and (2) post-traumatic stress disorder (PTSD) treatment facilities currently in existence by 15 additional units by December 31, 1991, and by 15 more units by December 31, 1994. Requires new vet centers to be established in cities which do not have such centers. Earmarks a specified amount of FY 1990 PTSD funding for contracts with private facilities and therapists for the provision of PTSD treatment. Requires the Secretary, in administering the Health Professionals Educational Assistance Program, to encourage the participation of individuals in the program who desire to become psychiatrists, psychologists, and psychiatric nurses specializing in the treatment of PTSD. Directs the Secretary to establish the Advisory Committee on Readjustment of Veterans. Requires the Secretary to consult with, and seek the advice of, the Committee with respect to: (1) the administration of Department benefits for veterans, particularly Vietnam veterans; (2) reports and studies pertaining to veterans, particularly Vietnam veterans; and (3) the needs of all veterans with respect to compensation, health care, readjustment, outreach, and other benefits and programs administered by the Department. Requires the Committee to report annually to the Secretary pertaining to the social, economic, educational, and psychological readjustment of veterans. Requires the Secretary to submit such reports to the Congress, along with comments and recommendations. Authorizes the Secretary to conduct a pilot program to contract for care and treatment and rehabilitative services in halfway houses, therapeutic communities, psychiatric residential treatment centers, and other community-based treatment facilities for eligible veterans suffering from PTSD. Requires the Chief Medical Director (CMD) to plan, design, and conduct such program. Requires the Secretary to approve the quality and effectiveness of a program operated by a contract facility before allowing veterans to be furnished treatment there under the pilot program. Directs the Secretary to: (1) urge all public and private entities to provide appropriate employment and training opportunities to veterans who have been provided treatment and rehabilitative services under this Act for PTSD and who have been determined to be sufficiently rehabilitated to be employable; and (2) provide all possible assistance to the Secretary of Labor in placing such veterans in such opportunities. Requires the Secretary to provide referral services and advice to veterans discharged or released from active service who are not eligible for PTSD treatment and services. Outlines provisions concerning the transfer of veterans to contract care facilities for treatment of PTSD, requiring such transfer only within 30 days of such member's enlisted tour of duty and only if such person requests such a transfer while on active duty. Limits the period of such care and rehabilitative services to five years after the fiscal year in which the pilot program is initiated. Requires the Secretary to report to the Senate and House Veterans' Affairs Committees on findings and recommendations pertaining to the operation of the pilot program authorized under this Act. Directs the CMD of the Department to conduct a research program relating to the treatment of PTSD.
United States · United States Congress · 27 July 1989
Clean Air Act Amendments of 1989 - Title I: Provisions for Attainment and Maintenance of National Ambient Air Quality Standards - Amends the Clean Air Act to authorize the Administrator of the Environmental Protection Agency (EPA), after promulgating a new or revised national ambient air quality standard, to require States to submit air quality implementation plans. Requires State Governors to designate areas within a State as nonattainment, attainment, or unclassifiable, with regard to air quality standards, and to submit such designations to the Administrator. Authorizes the Administrator to modify such designations, as necessary. Designates areas currently required to be listed under the Clean Air Act as nonattainment, attainment, or unclassifiable areas, as specified. Provides for the redesignation of areas, as appropriate. Prohibits the redesignation of any area from nonattainment to unclassifiable. Directs State Governors to submit to the Administrator a list of areas designated or redesignated as carbon monoxide and ozone attainment, nonattainment, and unclassifiable areas. Designates: (1) areas identified (in 52 Federal Register 29383) as Group I areas as particulate matter 10 (PM-10) nonattainment areas; (2) counties containing sites for which air quality monitoring data show a violation of national air quality standards for PM-10 before 1989 as PM-10 nonattainment areas; and (3) areas not meeting either description as PM-10 unclassifiable areas. Authorizes the Administrator to require States to designate areas with respect to the national air quality standard for lead. Permits the Administrator, with respect to attainment or unclassifiable areas, to require States to submit implementation plans that provide for the maintenance of such standards. Makes technical amendments to provisions concerning plan requirements. Sets forth provisions for plan approval and revisions. Requires plans to provide for attainment of national air quality standards in nonattainment areas within three years of this Act's enactment or within five years of a finding of substantial inadequacy. Retains a moratorium on construction or modification of major stationary sources in certain areas until such areas meet applicable requirements concerning permit programs or attainment standards for sulfur oxides. Repeals provisions concerning: (1) extensions of time for plan submissions and attainment dates; (2) requirements concerning parking surcharges and transportation regulations; and (3) suspensions of certain plan requirements. Requires the Administrator to publish a triennial (currently, annual) document which sets forth applicable requirements of the implementation plan for each State. Revises provisions concerning stack heights to require such heights to equal the height prescribed by the Administrator (currently, the height shall not exceed two and a half times the height of the source), unless the owner or operator demonstrates the need for a greater height and such source has met applicable emissions standards. Sets the date of attainment of national air quality standards for a nonattainment area at five years from the date such area was designated. Authorizes the Administrator to extend such attainment date, provided that such extension does not exceed 20 years. Permits up to two one-year extensions to be granted to a single area upon application by a State. Requires States to submit nonattainment plans within three years of the designation of an area. Makes technical amendments to provisions concerning nonattainment plan requirements. Authorizes the issuance of a permit to construct or operate a new source if demonstrated that the benefits of such source significantly outweigh environmental and social costs. Prohibits the use of existing growth allowances in areas which are notified that implementation plans containing such allowances are substantially inadequate. Requires States containing ozone or carbon monoxide nonattainment areas, together with local officials of such areas, to review and update, as necessary, planning procedures for such areas. Authorizes States, in the case of areas included in more than one State, to implement jointly such planning procedures. Provides that maintenance plans required as preconditions to area redesignations shall provide for maintenance of air quality standards for at least ten years after a redesignation petition is submitted to the Administrator. Authorizes the Administrator, whenever it is determined that the interstate transport of air pollutants from one or more States contributes significantly to a violation of an air quality standard in such States, to establish a transport region for such pollutants within such States. Requires the Administrator to establish a transport commission for each such region to: (1) assess the degree of interstate transport of the pollutant or precursors to the pollutant throughout the transport region; (2) assess strategies for mitigating the interstate pollution; and (3) recommend to the Administrator such measures as may be necessary to ensure that State plans meet requirements of this Act. Permits such commissions to request the Administrator to issue a finding that one or more of the States in a transport region have inadequate implementation plans. Applies program cost limitations for interstate air quality agencies to such commissions. Imposes the following sanctions on States which fail to comply with requirements concerning nonattainment areas: (1) a moratorium on the construction or modification of any major stationary source of the relevant pollutants in the nonattainment area, or with respect to ozone, the nonattainment area and the area within 25 miles of the nonattainment area; (2) restrictions on Department of Transportation assistance to such areas; (3) restrictions on the provision of new drinking water service in such areas; or (4) a withholding of all or part of assistance for air pollution planning and control. Requires States which fail to attain air quality standards by the required attainment date to submit plan revisions. Prohibits the construction or modification of any major stationary source of a pollutant in a nonattainment area after 1992 or 42 months after the designation of such area, whichever is later, unless the Administrator has approved a plan submission for such area. Authorizes the Administrator to promulgate a Federal implementation plan if any State fails to make a required submission or such submission is not approved. Classifies ozone nonattainment areas as Marginal, Moderate, Serious, and Severe, based upon the amount by which the air quality standard is exceeded in the area. Authorizes the Administrator to adjust the classification of areas which would be classified in another area if the ozone level were five percent greater or less. Prohibits more than two one-year attainment extensions from being issued for a single nonattainment area. Sets forth the following attainment dates: (1) December 31, 1995, for Marginal and Moderate areas; (2) December 31, 2000, for Serious areas; and (3) December 31, 2010, for Severe areas. Provides for the reclassification of areas which fail to meet required standards. Requires States in which Marginal areas are located to submit to the Administrator a current inventory of actual emissions from all sources. Directs such States to submit plan revisions to require: (1) correction requirements for available control technology; (2) a vehicle inspection and maintenance program; (3) permits for the construction and operation of new or modified stationary sources; (4) triennial inventories; and (5) emissions statements from owners or operators of stationary sources of oxides of nitrogen or volatile organic compounds (VOCs). Waives requirements for the submission of triennial inventories for sources which emit less than 25 tons annually of nitrogen oxides or VOCs if the State provides an emissions inventory for such sources to the Administrator. Requires States in which Moderate areas are located to submit plan revisions which provide for emission reductions, by December 31, 1995, of at least 15 percent from baseline emissions. Prohibits the following measures from being credited to the 15 percent reduction: (1) measures relating to motor vehicle tailpipe or evaporative emissions promulgated by the Administrator; (2) regulations concerning Reid Vapor Pressure promulgated by the Administrator; (3) measures concerning required corrections to implementation plans; and (4) measures concerning motor vehicle inspection and maintenance. Provides that plan revisions shall require: (1) the implementation of reasonably available control technology with respect to all VOC sources covered by a Control Techniques Guideline document and all sources with the potential to emit at least 100 tons annually of VOCs; and (2) owners and operators of gasoline dispensing systems to install and operate systems for gasoline vapor recovery of emissions from the fueling of motor vehicles. Sets forth deadlines for the installation of such systems. Requires States in which Serious areas are located to submit the same plan revisions as those applicable to Moderate areas. Directs such States, by December 31, 1995, to submit revisions to provide for: (1) the attainment of the ozone air quality standard by the applicable attainment date; and (2) certain VOC emissions reductions from the baseline emissions averaged over three-year periods, beginning in 1996. Sets forth provisions concerning creditable emissions reductions. Permits such revisions to provide for combined VOC and nitrogen oxide emissions reductions (in lieu of sole VOC reductions) that would result in reductions equivalent to those required for VOC emissions from the baseline level. Requires such States to revise plans to provide for programs to reduce hydrocarbon emissions from in-use motor vehicles in urbanized nonattainment areas with populations over 200,000. Sets forth minimum requirements for such programs, including waiver and enforcement provisions. Requires States containing certain Serious or Severe areas with populations over 250,000 to submit plan revisions to ensure the implementation of clean-fuel vehicle programs, including measures to make the use of clean alternative fuels economic for owners. Permits the Administrator to approve substitutes for such programs if such substitutes will achieve equivalent reductions of ozone-producing emissions. Requires States with Serious areas in which the levels of vehicle miles traveled or congestion levels exceed levels projected for purposes of the area's demonstration of attainment or progress to submit plan revisions providing for transportation control measures. Requires States in which Severe areas are located to make the same submissions as those applicable to Serious areas and to submit an attainment demonstration by December 31, 2000. Provides that States containing non-self-generating ozone nonattainment areas that do not include or are not adjacent to metropolitan statistical areas (MSA) shall be treated as satisfying the requirements of this Act if they make submissions required for Marginal areas. Permits the Administrator to treat such areas as non-self-generating if found that VOC and nitrogen oxides emissions within such areas do not contribute significantly to ozone concentrations in such areas or other areas. Sets forth requirements for areas reclassified as Moderate. Requires the Administrator to: (1) issue control techniques guidelines for seven categories of stationary sources of VOC emissions for which guidelines have not been issued; and (2) issue a document analyzing alternative control techniques for stationary sources of nitrogen oxides. Directs the Administrator to: (1) report to the Congress on VOC emissions from consumer or commercial products; and (2) promulgate regulations to aid in the attainment of the ozone air quality standard by decreasing emissions from such products. Authorizes such regulations to exempt health use products for which there are no suitable substitutes. Permits the transfer of enforcement authority for such regulations to States with the approval of the Administrator. Requires the Administrator to promulgate standards applicable to air pollutant emissions from loading and unloading of marine tank vessels which may endanger public health or welfare. Directs the Secretary of the department in which the Coast Guard is operating to issue regulations to ensure the safety of the equipment and operations to control such emissions. Prohibits States from adopting any less stringent emissions standards. Requires the Administrator to study and report to the Congress on whether current methodology used to establish a design value for ozone provides a reasonable indicator of the ozone air quality of ozone nonattainment areas. Subjects such study to peer review. Establishes an ozone transport region comprised of coastal States on the east coast between Maine and Maryland and the consolidated metropolitan statistical area (CMSA) including the District of Columbia. Sets a fee of $5,000 per ton of VOC emitted during a calendar year in excess of 80 percent of the baseline amount for major stationary sources in severe ozone nonattainment areas which fail to attain standards by the applicable date. Requires such fee to be adjusted annually. Exempts from such fee areas with populations under 200,000 if demonstrated that attainment is prevented because of ozone transported from other areas. Classifies carbon monoxide nonattainment areas as Moderate or Serious. Authorizes the Administrator to adjust such classifications under conditions parallel to those for ozone nonattainment areas. Sets forth attainment dates of December 31, 1995, and December 31, 2000, for Moderate and Serious areas, respectively. Sets forth provisions for attainment extensions and reclassifications parallel to those for ozone nonattainment areas. Requires States in which Moderate carbon monoxide areas are located to submit to the Administrator a current inventory of actual emissions from all sources. Directs such States to submit plan revisions to require: (1) vehicle inspection and maintenance programs; and (2) triennial inventories. Requires States in which Serious carbon monoxide areas are located to make the same submissions as those required for Moderate areas. Directs such States to submit plan revisions to require: (1) attainment demonstrations; (2) vehicle inspection and maintenance programs; (3) transportation control measures; and (4) the use of oxygenated fuels in CMSA or MSA. Classifies PM 10 nonattainment areas as Moderate or Serious. Sets forth procedures and a timetable for reclassification of such areas. Provides for attainment dates of December 31, 1994, and December 31, 2001, for Moderate and Serious areas, respectively. Sets forth provisions for attainment extensions parallel to those for ozone and carbon monoxide nonattainment areas. Permits additional extensions to be granted to Serious areas, under specified conditions. Limits such extensions to a period of five years. Authorizes the Administrator to waive any requirement or attainment date for a Serious PM-10 area if determined that anthropogenic sources of PM-10 do not contribute significantly to violations of the PM-10 standard in such area. Requires States in which Moderate PM-10 areas are located to submit plans that include a permit program for the construction and operation of new and modified PM-10 sources and a demonstration on whether attainment is practicable by the applicable date. Directs States in which Serious PM-10 areas are located to submit plans that include a demonstration on whether attainment is practicable by the applicable date and the implementation of reasonably available control measures. Sets forth a timetable for the submission of attainment demonstrations. Requires the Administrator to: (1) issue technical guidance on reasonably available control measures for urban fugitive dust and emissions from residential wood combustion and prescribed silvicultural and agricultural burning; and (2) examine other categories of sources contributing to nonattainment of PM-10 and issue any additional guidance. Directs States containing nonattainment areas with respect to air quality standards for sulfur oxides, nitrogen dioxide, or lead to submit implementation plans to the Administrator. Requires such plans to provide for attainment of such standards within five years of the date of designation or, for States without approved plans, within five years of this Act's enactment. Applies requirements of approved plans submitted by Indian tribes to all areas located within a reservation. Authorizes the Administrator to: (1) treat Indian tribes as States under the Clean Air Act, except with respect to a requirement that makes available at least one-half of one percent of annual appropriations to States; and (2) provide such tribes with grant and contract assistance to carry out air pollution control functions. Outlines requirements for such authorization. Authorizes the Administrator to promulgate other means for administering such authorities where such treatment is inappropriate. Revises provisions concerning transportation planning and guidelines to require the Administrator to update the June 1978 Transportation-Air Quality Planning Guidelines. Requires States to submit such reports as the Administrator may require concerning emissions reductions, vehicle miles traveled, congestion levels, and any other information necessary for the Administrator to assess the effectiveness, implementation, or revision of any State plan. Extends the deadlines by which the Administrator must promulgate and revise regulations concerning new source standards of performance. Sets deadlines for the promulgation of regulations for sources for which the Administrator has not proposed regulations. Applies recordkeeping, inspections, monitoring, and entry requirements to persons who manufacture emissions control or process equipment or who may have information relevant to emissions sources. Exempts from interstate pollution abatement requirements States with permit programs approved under title IV of the Clean Air Act. Exempts concentrations of particulate matter attributable to increases in fugitive emissions from surface coal mines for purposes of determining compliance with maximum allowable increases in ambient concentrations of particulate matter. Revises provisions concerning pollutant increments and preconstruction requirements to lower the ceilings on maximum allowable increases in concentrations of sulfur dioxide and particulate matter. Authorizes the Administrator, in the case of pollutants other than sulfur dioxide or particulate matter for which standards are promulgated or revised, to promulgate or revise air quality increments or other regulations to prevent the significant deterioration of air quality which would result from emissions of such pollutants. Permits the Administrator, if the indicator for the particulate matter air quality standard has been changed, to modify the maximum allowable increases in particulate matter specified under this Act. Provides that the Administrator's interpretation of State implementation plans shall, if contested by a State or other party, be given deference by a court if the interpretation concerns compliance with the requirements of the Clean Air Act and is rational. Repeals provisions concerning financial disclosure and conflicts of interest. Authorizes the Administrator to assess the risks to ecosystems from exposure to criteria air pollutants. Makes technical and conforming amendments. Title II: Provisions Relating to Mobile Sources - Directs the Administrator to promulgate regulations requiring the use of clean alternative fuel in new urban buses operated primarily in MSAs with populations over 1,000,000. Establishes a schedule for the phasing-in of such program, to require the use of such fuels by all model year 1994 buses. Limits emissions of particulate matter from such buses. Permits a delay of up to two years for the application of such requirements if the Administrator determines that such delay will advance the technology, improve the benefits, or lower the costs of the urban bus program. Requires the Administrator to establish a program to increase the number of clean-fuel vehicles in the most serious ozone nonattainment areas. Directs the Administrator to promulgate regulations to establish performance standards for such programs, based on the long-term reductions in ozone-producing and toxic air emissions anticipated to result from the use of such fuels. Requires the following amount of clean-fuel vehicles to be produced and sold: (1) 500,000 in model year 1995; (2) 750,000 in model year 1996; and (3) 1,000,000 in model years 1997 through 2004. Authorizes the Administrator to grant credits toward emissions standards compliance to manufacturers who sell clean-fuel vehicles that achieve emissions reductions greater than required or sell more of such vehicles than required. Permits such manufacturers to transfer credits to other manufacturers. Requires at least one clean fuel to be sold at service stations dispensing an average of at least 50,000 gallons per month in clean-fuel vehicle areas. Permits the Administrator, if the sale of such vehicles has created a demand for such fuels outside the areas in which they are sold, to make such fuels available in major nationwide transportation corridors. Requires clean-fuel vehicles to be sold in: (1) certain Serious or Severe ozone nonattainment areas with populations over 250,000; or (2) any other area, at the request of a State Governor and with the approval of the Administrator. Permits State Governors to request the Administrator to increase the number of clean-fuel vehicles to be sold in an area. Requires the Administrator, in developing clean-fuel regulations, to hold at least one public hearing and to consider the environmental, energy, economic, health, national security, and safety implications of such program. Authorizes the Administrator to require manufacturers, distributors, and retailers of motor vehicles or motor vehicle fuels to maintain records, make reports, and provide information regarding such vehicles and fuels. Makes such records, reports, and information available to the public, with the exception of any information considered to be a trade secret. Sets standards for emissions of: (1) hydrocarbons from light duty vehicles (passenger cars) manufactured after 1979 and light duty trucks manufactured after 1993; (2) carbon monoxide from light duty vehicles manufactured after 1980 and light duty trucks manufactured after 1993; and (3) nitrogen oxides from light duty vehicles manufactured after 1980. Applies high altitude regulations requirements to light duty trucks manufactured after 1983. Requires the Administrator to set carbon monoxide emissions standards for light duty vehicles and light duty trucks operated at 20 degrees Fahrenheit. Provides that such standards shall be met by averaging emissions levels established for engine families. Directs the Administrator, no later than December 31, 1993, to complete a study assessing the need for further reductions of carbon monoxide emissions and the maximum reductions achievable from light duty vehicles and light duty trucks manufactured after 1997 when operated at 20 degrees Fahrenheit. Authorizes the Administrator to promulgate further cold temperature regulations for carbon monoxide emissions from such vehicles and heavy duty vehicles. Permits the Administrator to promulgate regulations for evaporative emissions of hydrocarbons from gasoline-fueled motor vehicles during operation and over two or more days of nonuse, under ozone-prone summertime conditions. Requires the Administrator to study the need for and feasibility of controlling emissions of unregulated toxic air pollutants associated with motor vehicles and motor vehicle fuels. Allows the Administrator to promulgate regulations requiring: (1) manufacturers to install emissions malfunction diagnostic systems on all new motor vehicles and engines; and (2) States with implementation plans to revise such plans to provide for inspection of such systems. Revises provisions concerning the promulgation of regulations for heavy duty vehicles. Requires the Administrator to study the practice of rebuilding heavy duty engines and the impact of such rebuilding on engine emissions. Authorizes the Administrator to prescribe requirements to control rebuilding practices. Permits the Administrator to set emissions standards for nonroad engines and vehicles. Prohibits the use of emissions control systems in such engines or vehicles if the operation of such systems will cause or contribute to an unreasonable risk to public health or safety. Requires the Administrator to add test procedures to vehicle certification regulations to determine whether light duty vehicles and light duty trucks manufactured after 1992 will pass inspection methods under conditions likely to be encountered in inspection and maintenance programs. Prohibits the Administrator from granting a certificate to any vehicle or engine not passing the test. Directs the Administrator, to the maximum extent feasible, to prescribe regulations permitting manufacturers to comply with emissions standards through averaging of emissions of vehicle or engine families within a manufacturer's fleet. Requires the Administrator to apply specified standards to nonconforming emissions of: (1) hydrocarbons from light duty vehicles or engines manufactured after 1992; and (2) hydrocarbons and carbon monoxide from light duty trucks manufactured after 1993. Permits the Administrator to require a manufacturer to: (1) audit the effectiveness of repairs made to remedy such nonconformities; and (2) procure or test in-use vehicles to determine whether a notice of nonconformity or failure should be issued. Authorizes the Administrator to promulgate regulations establishing fees to recover all costs to the U.S. Government associated with vehicle or engine certification and compliance monitoring and testing and vehicle fuel economy programs under the Motor Vehicle Information and Cost Savings Act. Provides for the deposit of such fees in a special U.S. Treasury fund. Authorizes representatives of the Administrator to enter any manufacturer's establishment, at reasonable times, for purposes of inspecting or observing any activity associated with motor vehicle manufacturing or testing. Requires the Administrator to promulgate regulations to: (1) make it unlawful for any person to introduce into commerce gasoline whose Reid Vapor Pressure exceeds nine pounds per square inch; and (2) establish more stringent Reid Vapor Pressure standards to achieve comparable evaporative emissions. Provides that such regulations shall take effect no later than the high ozone season for 1992. Permits gasoline containing between nine and ten percent ethanol (by volume) to exceed the applicable Reid Vapor Pressure by up to one pound per square inch. Makes it unlawful, effective October 1, 1993, to introduce into commerce motor vehicle diesel fuel which contains sulfur in excess of .05 percent (by weight) or which fails to meet a cetane index minimum of 40. Permits the Administrator to require manufacturers and importers of diesel fuel not used in motor vehicles to dye such fuel to segregate it from motor vehicle diesel fuel. Sets a sulfur content limit for diesel used in model years 1991 through 1993 heavy duty vehicles and engines. Authorizes the Administrator to control the introduction into commerce of any fuel for nonroad engines or vehicles. Makes it unlawful for manufacturers of fuels or fuel additives to introduce into commerce, or increase the concentration in use of, any fuel or fuel additive for use in motor vehicles manufactured after 1974 which is not substantially similar to a fuel or additive utilized in the certification of any subsequent model year vehicle or engine. Requires the Administrator to promulgate regulations that allow manufacturers or fuel refiners to control emissions from motor vehicles and fuels by means different than required vapor recovery measures as long as the alternative measures achieve equivalent reductions over the same time period. Requires such regulations to establish performance standards for motor vehicles and fuels marketed in certain Serious or Severe ozone nonattainment areas with populations of at least 250,000. Permits averaging of such reductions if such averaging achieves reductions equivalent to those achieved by compliance with performance standards. Prohibits the manufacture or sale of any part which bypasses or renders inoperative any device installed on motor vehicles or engines in compliance with this title. Increases penalties for certain violations of the Clean Air Act. Authorizes the Administrator to commence a civil action to recover such penalties, subject to certain limitations. Sets forth judicial review and collection provisions, including requirements for the imposition of nonpayment penalties. Expands the scope and increases the amount of penalties for fuel regulations violations. Prohibits the introduction of leaded gasoline into any motor vehicle manufactured after 1989 which is designed solely for the use of unleaded gasoline. Repeals specified provisions concerning: (1) a study concerning aircraft emissions; (2) reporting requirements; (3) waivers of emissions standards; (4) propulsion and emissions control systems; and (4) exemptions from emissions control systems modifications. Title III: Hazardous Air Pollutants - Establishes a list of hazardous air pollutants. Provides for additions to or deletions from such list, based upon the degree to which a pollutant is known to cause cancer or any other chronic or adverse health effects in humans. Permits any person to petition the Administrator for modifications to such list. Requires the Administrator to list and establish emissions standards for all categories of major and area sources of such pollutants. Authorizes the Administrator to set emissions standards for radionuclides from such sources separately from regulating such pollutants. Requires such standards to be no less stringent than standards achieved by the best controlled similar source. Directs the Administrator to review and revise such standards, as necessary. Establishes a timetable for the promulgation of such standards, requiring standards for all categories within ten years of this Act's enactment. Requires compliance by existing sources within three years of the promulgation of such standards. Directs the Administrator, within seven years of the promulgation of such standards, to evaluate the risks remaining to public health after the promulgation of such standards. Requires the Administrator, if the application of such standards presents an unreasonable risk, to promulgate standards to protect adequately against such risk. Authorizes States with approved programs to issue permits providing for alternative emissions limitations from major sources or extensions of compliance dates for certain existing sources. Requires such limitations to be approved by the Administrator. Permits the Administrator to grant compliance extensions to sources in States without approved programs. Prohibits: (1) the construction of any new major source subject to standards under this title unless the Administrator or a State with an approved program determines that such source complies with such standards; and (2) the operation of any source subject to such standards, except in compliance with such standards. Requires the Administrator to establish and maintain an air toxics clearinghouse and centers to provide technical information and assistance to State and local agencies. Authorizes the Administrator to conduct research on methods for preventing, measuring, and controlling emissions and evaluating associated health and ecological risks. Permits the President to exempt any source from standards for up to two years if it is in U.S. national security interests to do so. Authorizes additional two-year extensions of such exemptions. Requires the President to report to the Congress on each exemption or extension. Authorizes appropriations. Directs the Administrator to study and report to the Congress on the anticipated health hazards resulting from pollutant emissions by electric utility steam generating units after imposition of this Act's requirements. Requires the Administrator to describe alternative control strategies for emissions warranting regulation under this Act. Title IV: Permits - Makes it unlawful to violate any permit requirement or to operate a source subject to standards under the Clean Air Act, except in compliance with a permit. Authorizes the Administrator to exempt sources from permit requirements if consistent with the purposes of this Act. Directs the Administrator to promulgate regulations establishing the minimum elements of a permit program to be administered by any air pollution control agency. Requires such program to include requirements for: (1) permit applications; (2) monitoring and reporting; (3) permit fees of at least $25 per ton of each regulated pollutant to be increased in accordance with the Consumer Price Index; (4) adequate personnel and funding; (5) certain authorities for the permitting authority; and (6) adequate procedures for public notice and comment on permit applications. Authorizes the Administrator to collect fees from any source if determined that the permitting authority is not adequately administering or enforcing a permit program. Requires sources that fail to pay fees to the Administrator to pay penalties of 50 percent of the fee amount plus interest. Requires such fees to be used to support the air pollution control program of a State or interstate agency. Directs State Governors to submit: (1) permit programs to the Administrator within three years of this Act's enactment; and (2) legal opinions from the attorney general that the laws of the State, locality, or interstate compact provide adequate authority to carry out such program. Sets forth approval and modification procedures for such programs. Authorizes the submission and approval of partial permit programs which meet certain minimum requirements. Provides that approval of a partial program shall not relieve a State of its obligation to submit a complete program. Sets forth interim approval, administration, and enforcement procedures. Requires owners or operators of regulated sources to submit compliance plans with permit applications and to periodically certify that such facilities are in compliance with this Act's requirements. Makes permit applications, compliance plans, monitoring reports, certifications, and permits available to the public. Requires permits to include emissions limitations and standards, schedules of compliance, and such other conditions as are necessary to assure compliance with applicable requirements. Authorizes the Administrator to prescribe procedures for determining compliance and for monitoring and analysis of pollutants regulated under this Act. Requires permits to set forth inspection, entry, monitoring, compliance certification, and reporting requirements. Authorizes permitting authorities to issue: (1) general permits covering numerous similar sources; or (2) single permits authorizing emissions from similar operations at multiple temporary locations. Requires owners or operators of temporary sources to notify the permitting authority in advance of any change in location of such sources. Authorizes the permitting authority to require separate fees for operations at each location. Allows the reissuance or modification of permits which provide for less stringent emissions limitations or other requirements under certain conditions. Requires permitting authorities to: (1) submit to the Administrator any application for alternative emissions limitations or permit modifications; and (2) notify all States contiguous to the State in which the emissions originate of each permit application and provide an opportunity for such States to submit recommendations regarding such permit. Sets forth provisions concerning: (1) issuance or denial of permits; (2) waivers of notification requirements; and (3) notifications to States regarding termination, modification, revocation, or reissuance of permits. Title V: Acid Deposition Control - Declares that the purpose of this title is to achieve nationwide reductions in annual emissions of: (1) sulfur dioxides of approximately 10,000,000 tons from 1980 emissions levels (in two phases); and (2) nitrogen oxides of 2,000,000 tons relative to levels in 2000. Directs the Administrator to transfer annual allowances to owners or operators of affected sources in amounts equal to the annual tonnage emissions limitations under this Act. Continues the allocation of such allowances to an owner or operator if an existing affected unit is removed from commercial operation. Permits the transfer of such allowances between owners or operators, subject to certain limitations. Requires the Administrator to promulgate regulations to establish an allowance system which shall provide for unused allowances to be carried forward and added to allowances for subsequent years. Provides for the trading of sulfur dioxide and nitrogen oxide allowances, including the crediting of nitrogen oxide reductions in phase I against those required in phase II. Subjects trades in nonattainment areas to the approval of the Administrator. Requires owners or operators of new units to hold allowances equal to the annual tonnage of sulfur dioxide emitted by such units after December 31, 2000. Makes such units ineligible for allocations of sulfur dioxide allowances. Permits such units to obtain allowances from any unit allocated allowances under this title. Makes it unlawful to hold or transfer any allowance, except in accordance with regulations issued by the Administrator. Lists affected sources and units and their sulfur dioxide allowances. Provides that existing steam-electric units with nameplate capacities of 100 MWe or greater that emit sulfur dioxide at a specified annual rate between this Act's enactment date and 2001 shall be considered to be affected units. Sets emissions limitations for such sources. Authorizes owners or operators of affected units to submit proposals to the Administrator to reassign sulfur dioxide emissions requirements to any other unit under their control. Sets forth approval procedures for such proposals. Provides that existing steam-electric units with nameplate capacities of 75 MWe or greater and with specified 1985 emissions rates shall be affected units for purposes of this Act after December 31, 2000. Subjects such units to specified emissions limitations after such date. Prohibits existing steam-electric units, after December 31, 2000, from exceeding annual emissions rate requirements equal to actual 1985 emissions rates. Requires nitrogen oxide emissions rate requirements to be met in the second phase by coal-fired steam-electric units with nameplate capacities of 75 MWe or greater. Sets nitrogen oxide emissions limitations for such units after December 31, 2000. Requires this title to be implemented by permits that prohibit exceedances of sulfur dioxide and nitrogen oxide emissions rates, limitations, or allowances or contravention of any permit provisions. Requires permits to be accompanied by compliance plans. Authorizes the Administrator to require: (1) a demonstration of attainment of national air quality standards for sources; and (2) an integrated compliance plan from owners or operators of two or more sources. Directs the Administrator to issue permits to listed affected sources. Sets forth permit application and approval procedures. Requires the Administrator to promulgate regulations to implement a Federal permit program for affected sources. Directs owners or operators submitting phase I permit applications and compliance plans to request certifications from State Governors that such applications and plans are in compliance with State law. Permits such certifications to preclude the use of coal produced outside the State at such sources. Waives such requirements if the Governor fails to act on such a request. Establishes deadlines for phase II sulfur dioxide emissions and nitrogen oxide emissions requirements with respect to: (1) the submission of permit applications and compliance plans; (2) the issuance of permits by States to affected sources; and (3) the issuance of allowances by the Administrator. Requires the Administrator, if a State fails to issue permits by the required deadline, to issue such permits by July 1, 1997. Directs States to submit permit programs for new units to the Administrator. Sets deadlines for the submission of permit applications and compliance plans for such units. Authorizes the submission of revised applications or plans. Makes it unlawful to: (1) fail to submit an application or plan in accordance with deadlines; or (2) operate any source, except in compliance with a permit program. Authorizes owners or operators of existing sources, by January 1, 1998, to demonstrate to the permitting authority that one or more units will be repowered with a qualifying clean coal technology. Directs owners or operators, as part of such demonstration, to provide documentation of a preliminary design and engineering effort for such repowering, an executed contract for the majority of the repowering equipment, and such other information as may be required by December 31, 2000. Grants owners or operators satisfying such requirements extensions of emissions limitations or rate requirements for such units from December 31, 2000, to December 31, 2003. Provides that qualifying sources that increase emissions of a pollutant relative to potential pre-repowering levels shall not be subject to requirements of title I of the Clean Air Act for such pollutant if the owners or operators of such sources demonstrate that the increased emissions will not: (1) cause or contribute to an exceedance in any area of a national air quality standard or of a maximum allowable increase in concentrations under such Act; (2) interfere with reasonable progress; or (3) result in an adverse impact on visibility or air quality related values in any Class I area under part C of title I of such Act. Directs the Administrator, for the period of an extension, to grant annual allowances for sulfur dioxide to the owners or operators of affected sources. Prohibits the transfer or use of such allowances by any other source to meet emissions requirements under this title. Requires owners or operators to notify the Administrator in advance of the date on which the affected unit is to be removed from operation to install repowering technology. Establishes emissions rates and allowances for such sources. Makes it unlawful to fail to comply with such requirements. Authorizes owners or operators of existing units that emit sulfur dioxide or nitrogen oxides to: (1) elect to designate such sources as affected units; and (2) submit such designations to the Administrator for approval. Directs the Administrator to establish a baseline for such units based on fuel consumption and operating data from 1985 through 1987. Establishes emissions limitations for such sources. Applies allowance and permit requirements for affected sources to designated affected sources. Authorizes the Administrator to establish a program for the designation of process sources as affected sources. Prohibits designated sources from transferring or banking allowances produced as a result of reduced utilization or shutdown. Makes owners or operators of affected sources that emit excess sulfur dioxide and nitrogen oxides liable for the payment of an excess emissions fee based on excess tonnage. Requires such individuals to: (1) offset the excess emissions by an equal tonnage amount in the following year or such period as the Administrator may prescribe; and (2) submit a plan to achieve such offsets to the Administrator and the State. Directs the Administrator to: (1) deduct allowances equal to the excess tonnage from those issued for the source for the years following the year in which the excess emissions occurred; and (2) adjust the fee for inflation, based on the Consumer Price Index, beginning in 1996. Makes it unlawful for liable owners or operators to fail to comply with such requirements. Requires sources subject to this title to install and operate continuous emission monitoring systems (CEMS) and to assure the data for sulfur dioxide, nitrogen oxides, opacity, and volumetric flow for each unit. Directs the Administrator to specify the requirements for CEMS, alternative methods that provide reliable and timely information, and recordkeeping and reporting of information from such systems. Sets first and second phase deadlines for compliance with such requirements. Requires the Administrator to prescribe means for calculating emissions for any unit for which CEMS data is not available. Makes it unlawful to operate any source not in compliance with CEMS requirements. Deems excess emissions from an affected source to be a violation of this Act, with each ton emitted in excess of allowances constituting a separate violation. Requires the Administrator to assess and report to the Congress on the environmental effects of emissions reductions under this title. Directs the Federal Energy Regulatory Commission (FERC) to establish a demonstration program for regulatory incentives to promote the development of clean coal technologies and other control technologies to limit power plant emissions. Requires such incentives to include: (1) an incentive rate of return for clean coal or other technologies that recognizes their inherent risk; and (2) a ten to 20 year amortization period to recover the capital costs of such technologies. Provides that: (1) the program will have a five year life; (2) the program will cover no more than four units in each technology class; and (3) technology classes eligible for the program should be likely to realize significant cost reductions when employed. Requires FERC to review the merits of the program and determine whether it should be extended or made permanent. Requires FERC to establish a process for negotiating with potential developers of clean coal or other control technologies to agree upon cost caps for future projects and preapproval of the prudency of expenses for such projects if the expenses fall within the agreed-upon cap. Directs the Administrator to promulgate regulations to revise existing clean coal technology requirements and to facilitate clean coal projects. Requires such regulations to address physical or operational changes to existing facilities for the installation, operation, or removal of such projects. Provides that the Federal share for a qualifying project shall be at least 20 percent of the total cost of such project. Encourages States and political subdivisions which regulate public utility rates and charges to provide additional incentives for the implementation of clean coal technologies. Title VI: Provisions Relating to Enforcement - Authorizes the Administrator to issue administrative penalties for certain violations of the Clean Air Act. Makes Federal enforcement procedures currently applicable to implementation plans applicable to permit programs. Authorizes the Administrator to ask the Attorney General to commence criminal actions against violators of specified provisions of such Act. Permits the Administrator to prohibit the operation of sources for specified violations. Revises penalty provisions of, and makes technical amendments to, such Act. Establishes fines and prison sentences for knowing failures to pay fees under such Act. Doubles the maximum punishment for specified subsequent violations. Prescribes fines and up to 15 years' imprisonment, or both, for knowing releases of hazardous substances that place another person in imminent danger of death or serious bodily injury. Makes organizations responsible for such releases subject to fines of up to $1,000,000 per day for each violation. Limits the Administrator's authority to assess certain administrative penalties to matters where the total penalty does not exceed $200,000 and the first violation occurred no more than 12 months prior to the initiation of the administrative action, with specified exceptions. Authorizes the Administrator to implement a field citation program for appropriate minor violations for the purpose of assessing civil penalties of up to $5,000 per day for each violation. Sets forth provisions concerning judicial review and civil actions with respect to the assessment of such penalties. Outlines criteria to be considered by the court in determining the assessment of penalties. Authorizes the Administrator to pay rewards of up to $10,000 for information or services leading to criminal convictions or judgments of liability for violations of the Clean Air Act. Makes Federal, State, and local officials or employees ineligible for such rewards. Authorizes the Administrator to require owners or operators of sources subject to such Act to: (1) keep records on control equipment parameters, production variables, or other indirect data when direct emissions monitoring is impractical; and (2) submit compliance certifications. Directs the Administrator to require enhanced monitoring and submission of compliance certifications from owners or operators of major stationary sources. Authorizes the Administrator to apply such requirements to any other source. Makes such information available to the public. Removes an exemption for public disclosure of emission source records that may be trade secrets. Repeals a provision concerning penalties for violations of administrative orders. Authorizes the Administrator to extend a prohibition on Federal procurement from violators of the Clean Air Act to contracts performed at any facility owned or operated by such persons. (Current law prohibits such procurement for contracts to be performed at facilities where the violation occurred.) Authorizes the assessment of civil penalties for violations of such Act. Requires such penalties to be deposited in a special Treasury fund and to be available to finance air compliance and enforcement activities. Revises provisions concerning citizen suits under such Act. Requires the Administrator to take necessary measures to prevent the operation, construction, or modification of certain major emitting facilities. Makes noncomplying stationary sources subject to penalties. Title VII: Miscellaneous Provisions - Authorizes the Administrator to make grants to air pollution control agencies in amounts of up to three-fifths of the total cost of programs for the prevention and control of air pollution or implementation of national standards. Grants agencies contributing less than the required two-fifths minimum three years to attain the minimum level. Reduces the Federal contribution to agencies which fail to meet such minimum. Requires at least one-half of one percent of the annual State grant appropriation to be for grants to air pollution control agencies. Prohibits agencies from receiving grants during any fiscal year when expenditures of non-Federal funds for recurrent expenditures for air pollution programs will be less than expenditures for such programs during the preceding fiscal year. Requires the Administrator to revise current regulations defining nonrecurrent and recurrent expenditures to consider exempting agencies with acceptable periodic increases from such limitations. Authorizes the Administrator to award grants to agencies not meeting such requirements if determined that a reduction in expenditures is attributable to a non-selective reduction in the expenditures of applicable Federal agencies. Decreases the Federal contribution to interstate air quality agencies. Repeals provisions concerning annual reporting requirements. Requires the Administrator to study and report to the Congress on the role of ozone precursors in tropospheric ozone formation and control. Revises provisions (including deadlines) concerning the issuance and revision of criteria for national air quality standards. Establishes within EPA an Air Pollutant Release Investigation Board to investigate major life-threatening releases of air pollutants. Excludes from such investigations releases associated with nuclear incidents and transportation-related releases. Requires the Board to make reports on such releases to the Congress and, upon reasonable cost, to the public.
United States · United States Congress · 27 July 1989
Commends the citizens of the Sioux City, Iowa, tri-State area for their heroism and volunteerism in providing assistance to the passengers and crew of crashed United Airlines Flight 232.
United States · United States Congress · 27 July 1989
Expresses the sense of the Congress that: (1) human rights violations in Cuba should be condemned; and (2) the President should award the Presidential Medal of Freedom to Armando Valladares.
United States · United States Congress · 25 July 1989
Fastener Quality Act - Prohibits the offering for sale or sale in commerce of any fastener (screw, nut, bolt, stud, similar threaded device, or washer) unless it is part of a lot which: (1) conforms to standards and specifications represented by the manufacturer; and (2) has been inspected, tested, and certified according to this Act. Sets forth special rules for small lots. Requires manufacturers to have a fastener lot sample inspected by a laboratory accredited under an approved system (including one owned or affiliated with the manufacturer if it is so accredited). Requires the laboratory, upon determination of conformance with the appropriate standards and specifications, to provide the manufacturer certificates with respect to such lot. Directs the Secretary of Commerce, through the Director of the National Institute of Standards and Technology, to establish: (1) a program for the accreditation of laboratories engaged in the inspection and testing of fasteners; (2) conditions under which accreditation by private entities using standards issued by consensus standards organizations shall be deemed to satisfy the accreditation requirements of this Act; and (3) conditions, no less stringent than those for private accrediting entities, under which accreditation of foreign laboratories by their governments shall be deemed to satisfy the requirements of this Act. Limits accreditation to three years. Requires that laboratory accreditation standards issued by one or more consensus standards organizations selected by the Director be used to accredit laboratories under the accreditation program. Authorizes the Director to hire contractors as necessary to carry out the accreditation program. Requires costs for the establishment and operation of the program to be fully reimbursable through fees or other charges for accreditation services. Directs the Secretary to ensure that private accrediting entities and laboratories accredited by such entities or by foreign governments comply with conditions and requirements in this Act. Requires the Director to periodically transmit recommendations to consensus standards organizations. Prohibits any manufacturer from selling any container of fasteners manufactured in the United States unless delivery to the first purchaser is accompanied by a written notification of testing and certification by an accredited laboratory. Prohibits any person from selling any container of fasteners manufactured outside the United States to any importer or end user unless delivery is accompanied by an original certificate from an accredited laboratory. Allows delivery to an importer or private label distributor without the required certificate if: (1) the manufacturer discloses in writing the appropriate standards and specifications; and (2) the importer or private label distributor assumes responsibility in writing for inspection and testing. Requires that, in a sale of any quantity for resale at wholesale, the container be conspicuously marked with the lot number. Requires persons who make significant alterations to a fastener subsequent to manufacture to have the altered fastener inspected and tested unless delivery is accompanied by a disclosure of the alteration and a warning. Requires subsequent disclosures of the alteration in resales. Prohibits commingling of fasteners from different lots in the same container. Requires fastener manufacturers or private label distributors to comply with requirements of a program for recordation of insignias. Directs the Secretary to establish such a program, including regulations to ensure traceability. Sets forth civil remedies, including declaratory and injunctive relief, and criminal penalties, including fines and imprisonment, for violations of this Act. Provides that nothing in this Act shall be construed to: (1) preempt any rights or causes of action that any buyer may have with respect to any seller of fasteners under the law of any State, except insofar as such State law conflicts with this Act; and (2) limit or otherwise affect the authority of any consensus standards organization to establish, modify, or withdraw any standards and specifications under any other law or authority in effect on the date of enactment of this Act.
United States · United States Congress · 25 July 1989
Veterans Agent Orange Exposure and Vietnam Service Benefits Act of 1989 - Provides that the disease of chloracne in Vietnam veterans shall be considered to have been service-connected if such disease became manifest to a ten percent or more degree of disability within one year after the last date on which the veteran performed such service in Vietnam. Presumes the following diseases to be service-connected for veterans who performed active service in Vietnam during the Vietnam era, notwithstanding that there is no record of evidence of such disease during the period of such service: (1) non-Hodgkins lymphoma; (2) soft-tissue sarcoma; and (3) melanoma and basal cell carcinoma. Provides a presumption of service-connection in the case of a Vietnam veteran suffering from a disease associated with effects of exposure to certain dioxins or other herbicide agents during such service in Vietnam. Directs the Secretary to prescribe regulations listing a positive association between any disease and the biological effects of exposure to an herbicide agent in Vietnam. Requires the Secretary to update such list continually. Requires the Secretary, in prescribing and revising such list, to obtain by contract the determinations and estimates of a contract scientific organization. Requires such organization to: (1) determine which diseases have any degree of association with the biological effects of exposure to an herbicide agent; and (2) estimate the extent of association between each such disease and each such biological effects. Requires the organization to determine such association specifically with respect to non-Hodgkins lymphoma, each soft-tissue sarcoma, lung cancer, and each other cancer. Outlines contract provisions required in such agreements between the Secretary and the scientific organization, including surveys, evaluations, and periodic determinations. Requires such scientific organization to provide reports to the Secretary and the Senate and House Veterans' Affairs Committees regarding its determinations and evaluations. Requires such organization to determine, in the effect of a positive association, whether there is a reasonable basis for concluding that a Vietnam veteran with the highest level of exposure to that herbicide agent in Vietnam was exposed to such agent under the circumstances necessary for such biological effects. Requires a report from the organization to the Secretary and the veterans' committees when there is no such reasonable basis found. Requires the Secretary to make certain determinations and follow-up reports after receiving such reports from the contract scientific organization, including the issuance of a report to the veterans' committees and the promulgation of positive association regulations, if necessary. Requires benefits to be continued even though a disease is removed from the regulations listing diseases having positive associations. Terminates such contracting authority ten years after the first day of the fiscal year in which a scientific organization transmits its first report to the Secretary. Provides special effective dates. Directs the Secretary to compile and analyze all clinical data that: (1) is obtained by the Department in connection with examinations and treatment of veterans for disabilities related to exposure to certain herbicides or to service in Vietnam; and (2) is likely to be scientifically useful in determining the association, if any, between the disabilities of such veterans and their exposure to such herbicides and other toxic substances. Requires the Secretary to submit an annual report to the veterans' committees concerning such analysis and its results. Directs the Secretary to consult with the Director of the National Institutes of Health Research and Grants Division (NIH) before compiling and analyzing such information. Requires the Director of NIH to review each annual report submitted by the Secretary and transmit to the Secretary an evaluation of the contents of each report. Directs the Secretary to establish and maintain a system for the collection and storage of voluntarily contributed samples of blood and tissue of veterans who performed active service in Vietnam during the Vietnam era. Outlines provisions concerning the security and authorized uses of such specimens, as well as limitations on the acceptance of such samples. Requires the Secretary to consult with the National Academy of Sciences (NAS) to the extent that an agreement has been reached with the NAS serving as the contract scientific organization for the Secretary. Requires the Secretary to consult with the Director of the Medical Follow-up Agency in the event of no agreement with NAS. Directs the Secretary to establish a program to provide for the conduct of studies of the feasibility of conducting additional scientific research on health hazards resulting from: (1) exposure to dioxin; (2) exposure to other toxic agents in herbicides used in support of U.S. and allied military operations in Vietnam during the Vietnam era; and (3) active military, naval, or air service there. Requires the Secretary to report to the veterans' committees on the results of such studies. Requires the Secretary to consult with the NAS before undertaking such studies and requires the NAS, to review such studies and report recommendations to the Secretary and the veterans' committees, to the extent provided under any agreement between the Secretary and NAS. Amends the Veterans' Benefits Improvement Act of 1988 to require the Secretary to annually furnish updated information to veterans listed in the Department of Veterans Affairs' Agent Orange Registry on health risks resulting from exposure to dioxin or other toxic agents in herbicides as a result of service in Vietnam during the Vietnam era. Directs the Secretary of Health and Human Services to report to the veterans' committees on the research being conducted to develop treatments for psychological absorption of dioxin and other toxic agents used in herbicides by the United States in Vietnam, including research relating to exposure to dioxin and other toxic agents outside Vietnam. Extends through December 31, 2000, the eligibility for hospital and nursing home care for veterans exposed to toxic substances in Vietnam. Amends the Veterans' Benefits Improvement Act of 1988 to authorize direct consultation between the Ranch Hand Advisory Committee and Department of the Air Force scientists conducting the Ranch Hand Study (a study of the long-term health effects of exposure to phenoxy herbicides and contaminants). Requires the preparation and submission of annual reports and a final report in connection with such study.
United States · United States Congress · 25 July 1989
Amends the International Security and Development Cooperation Act of 1985 to prohibit the use of Federal funds for the conduct of negotiations or dialogue with any representative of the Palestine Liberation Organization unless the President certifies to specified congressional committees that such representative did not directly participate in the planning or execution of a terrorist activity which resulted in the death, injury, or kidnapping of a U.S. citizen.
United States · United States Congress · 24 July 1989
Designates the week of October 22 through October 29, 1989, as National Red Ribbon Week. Recognizes and commends the hard work and dedication of certain individuals and organizations and urges activities that support community and alcohol education during such week. Encourages Americans to wear or display red ribbons during such Week to present and symbolize their commitment to a healthy, drug-free lifestyle, and to develop an attitude of intolerance to the use of drugs.
United States · United States Congress · 21 July 1989
Drug War Bond Act of 1989 - Directs the Secretary of the Treasury to issue: (1) Drug War Bonds for a three-year period with a 12-year maturity date; and (2) Drug War Stamps to evidence payments for or on account of such bonds. Amends the Internal Revenue Code to exclude the interest earned on such War Bonds from an individual's gross income. Authorizes a taxpayer to designate a specified portion of any tax overpayment or make cash contributions to the War on Drugs Trust Fund (established by this Act). Authorizes the Attorney General to make expenditures from the Department of Justice Assets Forfeiture Fund into the War on Drugs Trust Fund. Amends the Internal Revenue Code to establish the War on Drugs Trust Fund. Transfers to such Fund: (1) proceeds from the sale of Drug War Bonds and stamps; and (2) certain cash contributions and portions of tax overpayments. Prescribes expenditures from the War on Drugs Trust Fund, including the construction of Federal prison facilities and education and rehabilitation programs. Precludes the receipts and disbursements from the War on Drugs Trust Fund from being included in either the congressional budget totals or in the budget totals as submitted by the President. Exempts the receipts and expenditures from the War on Drugs Trust Fund from: (1) statutory expenditure and lending limitations; and (2) certain orders issued under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Requires the Secretary to report to the Congress on programs established by this Act. Directs the Attorney General to make recommendations to the Congress regarding the merits of privatizing Federal prisons.
United States · United States Congress · 17 July 1989
Marine Discharge Abatement Act - Amends the Federal Water Pollution Control Act to prohibit the issuance or renewal of permits for pollutant discharges into estuaries, estuarine zones, the territorial sea, the waters of the contiguous zone, or the oceans unless: (1) the need for the discharge has been demonstrated by the applicant and the Administrator of the Environmental Protection Agency has determined there is no environmentally sound alternative; (2) the permittee establishes an on-going monitoring program for each discharge; and (3) the applicant agrees to include within the permit a provision to allow the Administrator to modify or terminate such permit if such action is in the public interest and necessary to prevent the degradation of such waters. Directs the Administrator and the Under Secretary of Commerce for Oceans and Atmosphere to review existing guidelines and to promulgate guidelines necessary to prevent the degradation of such waters. Prohibits the waiver of such requirements for permit issuances or renewals.
United States · United States Congress · 12 July 1989
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to provide a lump sum payment of $100,000 (adjusted to reflect the annual percentage change in the Consumer Price Index) to public safety officers (law enforcement officers and fire fighters) who become permanently and totally disabled as a result of a catastrophic injury sustained in the line of duty. Prohibits the payment of both a lump sum disability payment and a lump sum death benefit.
United States · United States Congress · 12 July 1989
Requests: (1) the Soviet Union to release the prison records of Raoul Wallenberg and account for his whereabouts; and (2) the President to pursue such release and accounting through diplomatic actions with the Soviet Union.
United States · United States Congress · 11 July 1989
Professional Medical Liability Reform Act of 1989 - Establishes within the Department of Justice a program to fund the creation and operation of State medical liability arbitration panels. Confers upon such panels original and exclusive jurisdiction to hear all claims of medical malpractice that are not against the United States. Catalogs the powers of the panels. Sets forth standards applicable to panel decisions, including provisions relating to choice of law, timetable to govern decisionmaking, criteria relating to expert witnesses, and guidelines for the transmission of a written decision to the parties. Permits admission of evidence of collateral sources of compensation for injuries and requires a mandatory offset of amounts from such sources against damage awards. Authorizes panels to dismiss frivolous claims. Directs panels to determine the amount of damages owed to the plaintiff by a defendant found to be professionally negligent. Permits States to provide judicial enforcement of such damage awards if not promptly paid. Limits recovery for noneconomic loss to a maximum of $250,000, with provision for a cost of living adjustment every three years. Authorizes periodic payment of awards under certain circumstances. Prescribes procedures and standards to govern judicial review of a panel decision. Requires the panel to report to the State insurance commissioner and to the appropriate licensing or certification body within 30 days in cases when a defendant has been found guilty of professional negligence or when a settlement agreement is reached. Requires that the appropriate board make such report available for public inspection and that the commissioner promptly notify each liability insurance provider in the State concerning findings of negligence and the terms of any settlement agreement. Permits the State to authorize liability insurance providers to adjust their rates for persons found liable by a panel or who have entered into certain settlement agreements. Establishes a schedule of attorney fees in professional negligence actions. Provides for installment payment of such fees according to a formula specified in this Act. Subjects an attorney violating fee provisions to civil liability, with jurisdiction over such actions granted to Federal district courts. Requires each State to establish programs to: (1) study the causes of professional negligence in the interest of developing means to prevent or reduce its incidence; (2) review the authority and operations of State medical liability claims plans, risk management bodies, and appropriate health care professional licensing or certification entities; and (3) develop educational materials relating to professional negligence and standards of health care practice. Directs the State health commissioner to develop programs to identify, investigate, and report on incidents of professional negligence and to encourage facilities to take action to prevent future negligence. Fixes a statute of limitations for professional negligence actions. Encourages States to permit parties to a claim filed with a panel to enter into a settlement agreement at any time prior to a panel decision. Subjects such a settlement to the same attorney fee schedule that governs panel decisions. Directs the Attorney General to make specified payments to States eligible for medical liability panel funds according to a specified timetable and schedule. Requires the Governor of a recipient State to report to the Attorney General within one year after receipt of payment concerning the use of such payment. Authorizes the Attorney General to determine the allocation of funds to qualifying States and prescribes guidelines for such determinations. Empowers the Attorney General to make decisions concerning compliance with this Act, termination of allocations and repayment of funds in the event of noncompliance, and reallocation of funds according to guidelines in this Act. Sets forth procedures, a timetable, and standards to govern application by the Governor of any State for the certification of programs to qualify a State for funding under this Act. Makes decisions by the Attorney General concerning noncompliance, the termination of allocations, State repayment of funds, and the reallocation of funds final and not subject to judicial review. Directs the Attorney General to promulgate regulations to implement the provisions of this Act. Authorizes appropriations beginning in FY 1990.
United States · United States Congress · 29 June 1989
Directs the American Battle Monuments Commission to establish a memorial on Federal land in the District of Columbia or its immediate area to honor World War II veterans and to commemorate U.S. participation in that conflict. Directs the Commission to plan, design, construct, and oversee the operation of the memorial. Specifies that such design shall provide for accessibility by, and accommodations for, the physically handicapped. Establishes the World War II Memorial Advisory Board to: (1) promote the establishment of the memorial and encourage the donation of private funds for construction maintenance; (2) assist and cooperate with the Commission in the selection of the site and design for the memorial; and (3) transmit annual reports on its activities to the Congress. Authorizes the Commission to solicit private contributions for such memorial. Establishes a fund in the Treasury which shall be made available to the Commission to carry out this Act. Authorizes Federal funding, in addition to such private funds, for site preparation, design, planning, establishment, construction, maintenance, and operation of the memorial. Authorizes assistance from specified Federal departments and agencies, including the Library of Congress. Authorizes Federal property to be transferred to the Commission. Authorizes the Commission to purchase suitable property within the District of Columbia for the establishment of such memorial. Urges the Government to encourage 50th anniversary commemorations of the U.S. role in World War II. Urges the Smithsonian Institution and other Federal museums to develop commemorative exhibitions to be shared with academic institutions.
United States · United States Congress · 28 June 1989
Shareholder Communications Improvement Act of 1989 - Amends the Securities Exchange Act of 1934 to require mutual fund and other investment company entities that exercise fiduciary powers holding securities as nominees to: (1) deliver proxy materials and information statements to the beneficial owners of investment company securities; and (2) supply registrants, upon request, with beneficial owner information so that annual reports and voluntary communications may be provided to such beneficial owners. Requires that information statements be provided by: (1) brokers and bank nominees to the beneficial owners of the securities; and (2) investment companies to record holders prior to any security holder vote when proxies, consents, or authorizations are not solicited.
United States · United States Congress · 27 June 1989
Christopher Columbus Coin and Fellowship Act - Title I: Christopher Columbus Quincentenary Coins - Christopher Columbus Quincentenary Coin Act - Directs the Secretary of the Treasury to mint and issue not more than a specified number of five dollar gold coins, one dollar silver coins, and half dollar clad coins emblematic of the quincentary of the discovery of America. Sets forth certain features of such coins and provides for their design, issuance, and sale. Terminates the minting of such coins after June 30, 1993. Requires the Secretary to deposit surcharges from the sale of such coins in the Christopher Columbus Fellowship Fund for use by the Christopher Columbus Fellowship Foundation. Declares that no law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out this Act, except that this provision shall not relieve any person from complying with any law relating to equal employment opportunity. Title II: Christopher Columbus Fellowship Foundation - Christopher Columbus Fellowship Act - Establishes the Christopher Columbus Fellowship Foundation to award fellowships to outstanding individuals to encourage new discoveries in all fields of endeavor for the benefit of mankind. Establishes the Christopher Columbus Fellowship Fund. Directs the Foundation to report to the President and to the Congress annually on its operations.
United States · United States Congress · 27 June 1989
Constitutional Amendment - Declares that the Congress and the States shall have power to prohibit the act of desecration of the U.S. flag and to set criminal penalties for that act.
United States · United States Congress · 27 June 1989
Expresses the sense of the House of Representatives that individuals throughout the United States should observe Independence Day, July 4, 1989, as Take Pride in the Flag Day to celebrate the 213th anniversary of the signing of the Declaration of Independence and the 201st anniversary of the ratification of the U.S. Constitution.
United States · United States Congress · 22 June 1989
Constitutional Amendment - Declares that the Congress and the States shall have power to prohibit the act of desecration of the U.S. flag and to set criminal penalties for that act.
United States · United States Congress · 22 June 1989
Constitutional Amendment - Declares that the Congress and the States shall have power to prohibit the act of desecration of the U.S. flag and to establish criminal penalties for that act.
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 · 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 · 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 · 6 June 1989
Designates June 21, 1989, as Chaney, Goodman, and Schwerner Day. Expresses the sense of the Congress that the Voting Rights Act of 1965 has helped to fulfill the promise of democracy in this Nation. Reaffirms the goal of removing remaining barriers to full voter participation in this Nation.
United States · United States Congress · 31 May 1989
Declares that control of a class I rail carrier may be acquired by a person that is not a carrier and does not control any other carrier with the approval of the Interstate Commerce Commission (ICC). Requires the ICC, when making such approval, to consider the: (1) effect of the proposed transaction on the adequacy of transportation to the public; (2) total fixed charges that result from the proposed transaction; and (3) interest of carrier employees affected by the proposed transaction. Requires the ICC to approve a proposed transaction when it finds the transaction is consistent with the public interest.
United States · United States Congress · 25 May 1989
Intermodal Shipping Act of 1989 - Title I: Definitions and Application - Sets forth definitions for purposes of this Act. Declares that this Act applies to the transportation, storage, and handling of property for Federal, State, and local governments, and for charitable purposes, but not to intrastate commerce, nor to certain transportation not included in the coastwise trade. Specifies how this Act applies to: (1) the Federal Maritime Commission's jurisdiction or authority with regard to certain through rates; (2) maritime labor agreements; and (3) assessment agreements. Title II: General Authority of the Commission - Authorizes the Federal Maritime Commission to exempt any class of agreements or any specified activity from a requirement of this Act if certain conditions are met. Provides for: (1) the use of subpoenas and discovery in an investigation or adjudicatory proceeding under this Act; (2) assessment by the Commission of civil penalties for violations under this Act; (3) investigation by the Commission of any conduct or agreement the Commission believes may be in violation of this Act; (4) procedures in connection with a sworn complaint alleging a violation; (5) reparations awards; (6) issuance of orders by the Commission; (7) enforcement by civil court action of subpoenas and nonreparation orders; (8) final decision time requirements; (9) enforcement by civil court action of reparation orders; and (10) a fee or charge for a service or thing of value provided by the Commission. Requires such fees collected by the Commission for a service or thing provided by the Coast Guard to be deposited in the general fund of the Treasury as proprietary receipts of the Commission and ascribed to Commission activities. Title III: General Filing Requirements - Requires the Commission to mandate that the chief executive officer of each domestic commerce common carrier and domestic ocean freight forwarder that is subject to this Act, and authorizes the Commission to require any broker, consignor, consignee, marine terminal operator, or shipper subject to this Act, to file periodic, written certifications: (1) that such entity has a policy of prohibiting a rebate that is unlawful under this Act; and (2) concerning related efforts to prevent or correct unlawful rebating. Authorizes the Commission to require a domestic commerce common carrier, a domestic ocean freight forwarder, a domestic ocean terminal operator, or an officer, receiver, trustee, lessee, agent, or employee of such entities to file with the Commission a record, rate, or periodic or special report related to the business of the entity or person. Requires each domestic commerce common carrier to provide evidence of financial responsibility, in an amount set by the Commission, but not less than a specified sum, for damages to indemnify persons for not providing the transportation for which the carrier is liable. Title IV: Agreements - Declares that the antitrust laws do not apply to certain types of agreements, activities, or rates including, in certain circumstances, agreements or activities prohibited by this Act. Specifies types of agreements and discussions for which these provisions do not provide antitrust immunity. Prohibits a person from recovering damages or obtaining an injunction under specified provisions of the Clayton Act for conduct prohibited by this Act. Applies these antitrust provisions to a domestic ocean common carrier in which a State has certain types of ownership, control, or other specified rights. Requires, on request of the Commission, a domestic ocean common carrier, a domestic ocean freight forwarder, or a domestic ocean terminal operator that is a party or conforms to an agreement with another carrier, forwarder, or operator, to file with the Commission a copy or memorandum of the agreement. Declares that this Act applies to an agreement among marine terminal operators and among at least one such operator and at least one ocean common carrier to engage in an exclusive, preferential, or cooperative arrangement. Requires the Commission to: (1) submit a notice of the filing to the Federal Register for publication; and (2) reject an agreement that the Commission finds to be discriminatory or unreasonable or to be in violation of this Act. Prohibits the Commission from limiting an agreement to a fixed term. Declares that if, after an agreement is filed or becomes effective, the Commission decides that the agreement is likely, by reducing competition, to produce an unreasonable reduction in transportation service or an unreasonable increase in transportation costs, the Commission may bring a civil action under specified provisions of this Act. States that the civil action is the Commission's sole remedy in such circumstances. Allows the Commission, in certain circumstances, to disapprove, cancel, or change the agreement. Makes unlawful any agreement that is disapproved or not approved by the Commission. Exempts information filed with the Commission under specified provisions of this Act, subject to exception, from certain provisions of the Freedom of Information Act and prohibits its disclosure except in an administrative or judicial proceeding. Title V: Rates and Tariffs - Requires each domestic commerce common carrier to establish, observe, and enforce reasonable rates, classifications and tariffs, and rules and practices. Requires, except for bulk cargo, each domestic commerce common carrier to file with the Commission each of its tariffs containing its rates, classifications, rules, and practices with respect to its own route and any established through route. Sets forth requirements for a tariff under these provisions. Regulates the time at which a new or initial rate or a change in an existing rate becomes effective. Allows the Commission to reject a tariff that does not comply with this Act. Declares a rejected tariff void, and its use unlawful. Requires the Commission to: (1) publish annually an unadjusted benchmark for domestic ocean common carriers based on the return on total capital for U.S. manufacturing companies for the previous five years; and (2) maintain guidelines for determining reasonable adjustments to the benchmark. Requires each domestic ocean common carrier to file annually with the Commission a report including, with regard to a trade, that carrier's gross revenues, volume, and allocated capacity. Authorizes the Commission to exempt such a carrier, based on market share, degree of concentration, and amount of excess capacity, from requirements of this Act relating to establishing and enforcing reasonable rates. Allows the Commission to revoke an exemption for cause shown. Lists factors the Commission may consider. Prohibits the Commission from exempting such carriers in which a State has certain types of ownership, control, or other specified interests. Exempts a nonvessel-operating common carrier from such reasonable rate requirements of this Act. Authorizes the Commission, on protest from the Attorney General of an affected State, to begin a proceeding on any proposed or filed rate, classification, rule, or practice. Authorizes the Commission, when it finds a rate, classification, tariff, rule, or practice is unreasonable, to determine and order enforced a reasonable maximum or minimum, or maximum and minimum, rate or a reasonable classification, tariff, rule, or practice. Declares that, when a domestic commerce common carrier files a new tariff containing certain elements, the Commission may order the proceeding only after publishing detailed reasons why the proceeding is necessary and specific issues to be resolved, plus giving notice to interested carriers. Deems reasonable a general increase in rates resulting in a rate of return or profit that is not more than the adjusted benchmark for that carrier. Authorizes the Commission, subject to exception, to suspend a proposed rate, classification, rule, or practice for a limited time pending final Commission action in a proceeding. Sets forth: (1) time periods for hearings and initial and final decisions; and (2) rules regarding the burden of proof. Provides that: (1) the Commission may issue any order on a rate, classification, rule, or practice involved in a proceeding, after a full hearing, that the Commission could have issued in a proceeding begun after the rate, classification, rule, or practice had become effective; and (2) if the Commission does not meet the deadline for a final decision, the proposed rate, classification, rule, or practice shall be considered reasonable. Authorizes the Commission, if it is unable to issue a final decision by the deadline because of delays directly attributable to the proposing carrier, to disapprove the proposal. Authorizes the Commission to order a refund, plus interest, of any part that is found unreasonable of a general rate increase. Allows the Commission, on application of a carrier or shipper, to permit a domestic commerce common carrier to refund a part of the freight charges collected, or waive collecting a part of the charges, if: (1) there is an error; (2) the refund or waiver will not result in discrimination among shippers, ports, or carriers; and (3) other conditions are met. Sets forth additional tariff requirements for domestic ocean common carriers transporting more than sixteen passengers, including that the tariff must: (1) be printed plainly; (2) be conspicuously posted and readily accessible to the public for convenient inspection; (3) have specified contents; and (4) meet other requirements. Authorizes the Commission to reject a tariff that does not comply with this Act. Declares a rejected tariff void, and its use unlawful. Requires each domestic ocean freight forwarder and domestic ocean terminal operator to establish, observe, and enforce reasonable rules and practices related to receiving, handling, storing, and delivering property. Authorizes the Commission, when it finds a rule or practice of such a forwarder or operator unreasonable, to determine and order enforced a reasonable rule or practice. Requires, notwithstanding another law, rates for barging and affreighting containers or containerized property by barge between places in the United States to be filed only with the Commission in certain circumstances. Declares that the marine terminal operator providing services under these provisions is subject to this Act. Title VI: Domestic Ocean Freight Forwarders - Allows a person to act as a domestic ocean freight forwarder only if that person holds a domestic ocean freight forwarder's license issued by the Commission. Requires the Commission to issue a forwarder's license to a person that is qualified and provides a bond to insure financial responsibility. Allows a person whose primary business is the sale of merchandise to forward shipments of the merchandise for its own account without a forwarder's license. Requires the Commission to suspend or revoke a license if the Commission finds that the forwarder is not qualified or knowingly did not comply with this Act or an order of the Commission. Allows the Commission to revoke a license for failure to maintain a bond. Allows a domestic commerce common carrier to compensate a domestic ocean freight forwarder for a shipment dispatched for others only when the forwarder has certified that it holds a forwarder's license and has provided specified services. Prohibits such carrier from paying more than once for the same shipment. Prohibits: (1) such forwarder from receiving compensation for a shipment in which the forwarder has any beneficial interest; and (2) such carrier from knowingly paying compensation on that shipment. Allows compensation to be paid to such forwarder only as provided under the tariff requirements of this Act. Title VII: Enforcement - Authorizes the Commission to bring a civil action to enjoin conduct in violation of this Act or to enjoin the operation of an agreement filed under specified provisions of this Act. Provides for temporary restraining orders, preliminary injunctions, and, in the case of agreements, permanent injunctions. Allows the Commission to bring a civil action about, and a specified court to order compliance with, a request of the Commission for additional information and documents relating to an agreement. Allows a person who has, under specified provisions of this Act, filed a sworn complaint alleging a violation of this Act, to bring a civil action to enjoin conduct by a defendant in violation of this Act. Requires a prevailing defendant to be allowed reasonable attorney fees. Authorizes the Commission to represent itself in an action under this Act: (1) in a U.S. district court, on notice to the Attorney General; and (2) in a U.S. court of appeals, with the approval of the Attorney General. Title VIII: Prohibitions and Penalties - Lists actions which are prohibited to a domestic commerce common carrier and actions prohibited to a shipper or its subsidiary. Sets forth, for various classes of actors, civil monetary penalties and declares certain knowing violations to be class A misdemeanors. Allows the Commission, in the case of certain violations by a domestic commerce common carrier, to suspend any tariff of that carrier for a limited period. Declares that, when a domestic ocean common carrier reduces its rates for transporting any class of property in violation of specified provisions of this Act, the carrier may increase those rates only if the Commission finds that the increase is being proposed because of changed conditions except injuring the competitive carrier. Sets forth civil monetary penalties for influencing marine insurance rates for competitors, disclosing confidential shipper and consignee information, and violating specified financial responsibility provisions of this Act. Title IX: Miscellaneous - Amends the Shipping Act of 1984 to amend the definition of "common carrier" to include references to U.S. territories or possessions not included within the coastwise trade. Amends Federal law relating to transportation and interstate commerce to declare that specified provisions do not give the Interstate Commerce Commission (ICC) jurisdiction over water common carriers for transportation subject to regulation by the Federal Maritime Commission. Amends Federal law relating to the authority of the U.S. courts of appeals to review the rules, regulations, or final orders of the Federal Maritime Commission to remove references to specified provisions of the Shipping Act, 1916 and substitute references to specified provisions of this Act. Declares that, unless found otherwise in a proceeding brought under the Shipping Act, 1916 or the Intercoastal Shipping Act, 1933, a rate, classification, tariff, rule, or practice that was filed with the Commission before the effective date of this Act is deemed reasonable under specified provisions of this Act. Repeals, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before the effective date of this Act, the Intercoastal Shipping Act, 1933 and specified provisions of the Shipping Act, 1916. Authorizes the Commission to prescribe interim rules and regulations to carry out this Act. Exempts the Commission, for such purposes, from specified provisions of Federal law relating to notice and comment requirements. Sets forth an expiration period for the interim rules and regulations.
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 · 22 May 1989
Title I: General Provisions - National Seabed Hard Minerals Act of 1989 - Sets forth the findings, purposes, and definitions of this Act. Title II: Resource and Environmental Assessment Consultation - Requires the Under Secretary of Commerce for Oceans and Atmosphere (in cooperation with the Assistant Secretary for Water and Science of the Department of the Interior) to conduct a comprehensive research program to support U.S. seabed activities related to: (1) environmental assessment; (2) mapping and charting; and (3) evaluation of hard mineral resources. Mandates that such program include governmentally sponsored studies and the encouragement of private seabed studies. Requires the Under Secretary and the Assistant Secretary to prepare, and subsequently revise, a five-year plan to carry out such a program. Mandates that such program include a priorities schedule under which the commonwealths, territories, and possessions of the United States shall be treated equally with other States. Requires the Secretary to establish, upon request, a task force for each coastal State to provide a forum for State and local consultation and advice associated with recovery of hard minerals from the U.S. seabed. Provides for regional cooperation and coordination, including the establishment of a multistate task force if the Under Secretary determines that two or more coastal States share regional interests. Directs the Under Secretary to establish criteria for designating: (1) preservational stable reference areas (SRAs) and (2) impact SRAs in connection with licenses or permits for commercial recovery. Authorizes the Under Secretary to enter into agreements with any coastal State regarding seabed activities. Title III: Licenses and Permits - Restricts the issuance of exploration licenses and commercial recovery permits for national seabed hard minerals to U.S. citizens or entities organized under laws. Provides for: (1) priority of right and competitive bidding for the issuance of such licenses and permits; (2) applications, including certification of certain criteria and payment of administrative fees, for such licenses and permits; and (3) terms, conditions, and restrictions in licenses and permits (including duration, royalty, environmental, safety, and consultation requirements). States that the issuance, but not the certification, of a license or permit is a major Federal action for purposes of the National Environmental Policy Act of 1969 (thereby requiring an environmental impact statement). Requires notification and consultation with the Governor of each affected State at specified times during the licensing and permit issuing process. Provides for negotiation of disputes arising out of such consultations. Provides for modification, revision, relinquishment, revocation, and suspension of activities under a license or permit. Declares that only: (1) U.S.-flag vessels may be used in exploration; (2) U.S.-built, U.S.-flag vessels may be used in commercial resource recovery; and (3) U.S.-built and continuously 75 percent U.S.-owned U.S.-flag vessels may be used in a support capacity. Authorizes the Under Secretary of Commerce for Oceans and Atmosphere to grant pipeline rights-of-way through seabed areas for transportation of hard mineral resources. Grants the United States, in time of war or whenever the President prescribes, the right of first refusal to purchase at market price any or all material recovered from the seabed, or any derivative product. Declares that the United States reserves the right, through the Secretary of Defense, with the President's approval, to restrict seabed areas from exploration or commercial recovery for reasons of national defense. Reserves to the United States all uranium, thorium, and other source materials under the Atomic Energy Act of 1954 found on or below the seabed surface. Provides for the distribution of royalties between the Federal and State governments. Title IV: Enforcement, Private Actions for Equitable Relief, and Administrative Procedure - Sets forth prohibited activities under this Act. Provides for: (1) enforcement of this Act, including liability in rem of vessels and civil forfeiture; (2) civil and criminal penalties for violations of such prohibited acts; and (3) private actions, including injunction and the awarding of attorney fees and costs, for equitable relief. Title V: Miscellaneous - Provides for: (1) the promulgation of regulations; and (2) certain biennial reports by the Undersecretary to the Congress. Authorizes appropriations for FY 1990 through 1992 for: (1) resource evaluation of the U.S. seabed; and (2) mapping and environmental assessment. States that this Act supersedes a specified provision of the Outer Continental Shelf Lands Act authorizing the leasing of minerals other than oil, gas, and sulfur in the Outer Continental Shelf. Recognizes the rights and duties of other nations under international law. Authorizes the Secretary of State to negotiate agreements under this Act upon the request of any freely associated state pursuant to a specified compact between the United States and the Governments of the Marshall Islands and the Federated States of Micronesia.
United States · United States Congress · 22 May 1989
Authorizes the President to present a gold medal to the family of the late Captain Don S. Gentile in recognition of his service as a fighter pilot ace of World War II. Authorizes appropriations. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal. Provides that appropriations used to carry out this Act shall be reimbursed out of the sale proceeds.
United States · United States Congress · 18 May 1989
Pipeline-Hazardous Waste Anti-Dumping Act of 1989 - Amends the Hazardous Liquid Pipeline Safety Act of 1979 to direct the Secretary of Transportation to prohibit, by regulation, with specified exceptions, the tending for transportation in crude oil pipeline facilities of any used oil, waste oil, solvent, salt, metal, chemical (including chlorinated or oxygenated hydrocarbons), or other substance determined to pose an unreasonable threat of damage or injury to pipeline facilities, human beings, or the environment.
![Official portrait of Rep. Lent, Norman F. [R-NY-4]](https://www.congress.gov/img/member/l000243_200.jpg)