The world's political record
Person
![Official portrait of Rep. Smith, Larkin [R-MS-5]](https://www.congress.gov/img/member/s000584_200.jpg)
United States · Official source
184 records where Rep. Smith, Larkin [R-MS-5] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress
United States · United States Congress · 4 August 1989
Hunter Safety and Protection Act of 1989 - Prescribes civil penalties for knowingly interfering with the conduct of a lawful hunt in a national forest or on lands affected with a Federal interest. Authorizes injunctive relief, the recovery of actual and punitive damages, and the awarding of attorney's fees. Grants hunting and sportsman's organizations standing to sue under this Act.
United States · United States Congress · 4 August 1989
Catastrophic Coverage Repeal Act of 1989 - Repeals Medicare (title XVIII of the Social Security Act) catastrophic health care coverage provided under the Medicare Catastrophic Coverage Act of 1988. Makes transitional and conforming amendments.
United States · United States Congress · 4 August 1989
Sets forth the rule for the consideration of H.R. 2770 (Medicare catastrophic coverage).
United States · United States Congress · 4 August 1989
Calls on all countries that produce high explosives to: (1) cooperate in global efforts to develop suitable chemical taggants for preblast detection of high explosives; (2) refrain from selling high explosives to known supporters of terrorism; (3) develop controls to ensure that high explosives purchased by customers are not transferred to terrorist groups; and (4) formally agree to require that any high explosive produced in that country include a preblast detection taggant, as soon as one suitable for that form of explosive is developed.
United States · United States Congress · 3 August 1989
Anti-Crime Act of 1989 - Title I: Capital Punishment Procedures - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits evidence to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Sets forth special aggravating factors for espionage, treason, homicide, and the attempted murder of the President. Directs the court, or the jury by unanimous vote, to impose the death penalty upon a finding that such sentence is justified based on consideration of both the aggravating and mitigating factors. States that no person who was under 18 years of age at the time of the offense may be sentenced to death. Requires the court to instruct the jury not to consider the race, color, national origin, religious beliefs, or sex of the defendant or victim in its consideration of the sentence. Establishes procedures for appeal from a death sentence. Requires the court of appeals, upon consideration of the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under the influence of passion, prejudice, or any other arbitrary factor; and (2) the information supports the finding of aggravating factors. Requires the court to provide a written explanation of its determination. Sets forth requirements with respect to representation by counsel. Sets forth procedures for the implementation of the sentence of death. Limits the circumstances under which the offense of delivering defense information to aid foreign governments is punishable by death. Provides for the imposition of the death penalty for: (1) murder committed by prisoners in Federal prisons; (2) kidnappings which result in the death of any person; (3) hostage takings which result in the death of any person; (4) attempting to kill the President of the United States (if such attempt results in bodily injury or comes dangerously close to causing the President's death); (5) "murder for hire"; (6) murder in the aid of a racketeering activity; (7) international terrorism (where the killing is a first-degree murder); and (8) engaging in a criminal enterprise activity which results in death. Increases the minimum sentence to life imprisonment for the crime of bank robbery which results in death. Title II: Capital Punishment for Drug Kingpins - Amends the Controlled Substances Act to establish criteria for the imposition of the death penalty for certain continuing criminal enterprise drug offenses. Sets forth aggravating factors to be considered by the jury or the court when imposing its sentence. Title III: Exclusionary Rule Reform - Amends the Federal criminal code to provide that evidence obtained by a search or seizure shall not be excluded in a Federal proceeding if the seizure was undertaken in an objectively reasonable belief in its conformity with the fourth amendment to the Constitution. Provides that evidence obtained in accordance with a warrant is prima facie evidence of the existence of circumstances justifying such an objectively reasonable belief of conformity with the fourth amendment. Prohibits the exclusion of evidence in such a proceeding on the ground that it was obtained in violation of a statute, administrative rule or regulation, or rule of procedure unless expressly authorized by statute or rule prescribed by the Supreme Court pursuant to statutory authority. Title IV: Habeas Corpus Reform - Amends the Federal judicial code to condition consideration of a habeas corpus claim by a State prisoner on a showing of actual prejudice resulting from the denial of a Federal right, and that: (1) State action precluded assertion of the right; (2) the Federal right asserted was newly recognized; (3) the factual basis of the claim could not have been discovered through the exercise of reasonable diligence prior to the procedural default; or (4) a constitutional violation asserted in the claim probably resulted in a factually erroneous conviction or a sentence predicated on an erroneous factual determination. Establishes a one-year statute of limitations for habeas corpus actions brought by State prisoners. Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. Prohibits the granting of a habeas corpus writ with respect to any claim which has been fully and fairly adjudicated in State proceedings. Makes appointment of counsel discretionary, except as provided by rule of the Supreme Court. Title V: Prison Construction - Authorizes appropriations for FY 1991 to the Department of Justice for the Federal Prison System, including the National Institute of Corrections. Title VI: Increased Penalty for Using Guns in Crimes - Provides for enhanced penalties for the possession or use of a semiautomatic firearm during a crime of violence or drug trafficking offense.
United States · United States Congress · 3 August 1989
Declares that the Congress acknowledges and appreciates the commitment, devotion, and sacrifices of present and former military families. Designates November 20, 1989, as National Military Families Recognition Day.
United States · United States Congress · 2 August 1989
Urges: (1) the President to send one or more official observer missions for the 1990 national elections in Nicaragua, to be funded by the Department of State; (2) the Administrator of the Agency for International Development to fund one or more unofficial observer missions for those elections; and (3) all such observer missions to report their findings publicly after the elections are held. Specifies the funds that the Administrator is authorized to use to pay the expenses of unofficial observer missions.
United States · United States Congress · 31 July 1989
Designates October 1 through October 7, 1989, as National 4-H Awareness Week.
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
Amends rule X of the Rules of the House of Representatives to establish the Committee on Narcotics Abuse and Control.
United States · United States Congress · 20 July 1989
National Academy of Science, Space, and Technology Act - Establishes in the Department of Education the National Academy of Science, Space, and Technology for the instruction and preparation for Federal service of selected persons. Establishes a commission to advise the Secretary of Education on the selection of a permanent location for the Academy, a course of study, and administrative matters. Directs the Secretary to determine the location of the Academy in the United States according to a specified process. Authorizes the Secretary to acquire land, prepare plans and designs, and construct and equip temporary or permanent public works at the location. Authorizes the Secretary to: (1) provide for the erection of temporary buildings and the modification of existing structures on existing government property; (2) provide for the functioning, equipping, maintaining, and repairing of those buildings and structures; and (3) contract with institutions for operation and instruction. Empowers the Secretary to determine the course of study and the organizational structure of the Academy, establish rules, appoint officials, determine the size of the student body, and oversee admissions. Requires each Senator and Representative to nominate candidates for admission, with the number of vacancies allocated to a State proportional to that State's representation in the Congress and with apportionment in the order of merit established by competitive examinations. Requires vacancies allocated to other sources to be filled from among candidates in each category in order of merit established by similar competitive examinations, not to exceed 15 percent of the total appointments authorized. Requires that each student at the Academy, in return for his or her education and room and board, owes the Federal Government four years of service in the National Aeronautics and Space Administration, the National Science Foundation, the Department of Health and Human Services, or any other Federal organization devoted to endeavors relating to science, space, or technology, subject to the approval of the Secretary. Allows the commitment also to be served in the Army, Navy, Air Force, or Marine Corps, subject to the rules and regulations of the particular branch.
United States · United States Congress · 19 July 1989
Authorizes the use of the official expenses allowance of each Member of the House of Representatives for production of newsletters containing directories of State, local, and nonprofit private drug counseling, treatment, and information programs.
United States · United States Congress · 18 July 1989
Designates the week of February 11 through February 17, 1990, as Vocational-Technical Education Week.
United States · United States Congress · 11 July 1989
Excludes from the excess earnings test under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act an individual's wages for up to six months of temporary employment with the Bureau of the Census relating to the 1990 census.
United States · United States Congress · 11 July 1989
Excludes wages paid for six months of employment with the Bureau of the Census in connection with the 1990 census from annual income for purposes of determining eligibility for various veterans' benefits. Excludes from such income only wages paid for the first six months of such employment.
United States · United States Congress · 29 June 1989
Amends the Controlled Substances Act to direct the Attorney General to assure that property is not transferred to a State or local law enforcement agency following utilization of an adopted seizure process (i.e., one in which investigative and prosecutive activity related to the seizure, other than activity related to the actual forfeiture, was carried out by State and local agencies) to circumvent any requirement of State law that limits the disposition of property forfeited to State or local agencies. Authorizes the Attorney General, in making such determination, to rely upon a written opinion of the Attorney General of the pertinent State that such process is not being utilized to circumvent State law. Specifies that the Attorney General's decision is not subject to review by any court. Amends the Federal judicial code to authorize the Attorney General to warrant clear title to any subsequent purchaser or transferee of forfeited property. Amends the Controlled Substances Act to authorize the Attorney General to carry out seizure and forfeiture of moneys in the manner provided with respect to the seizure and forfeiture of conveyances by the Secretary of the Treasury under the Tariff Act of 1930.
United States · United States Congress · 29 June 1989
Constitutional Amendment - Declares that the Congress and the States shall have power to prohibit the physical desecration of the U.S. flag.
United States · United States Congress · 29 June 1989
Urges the Nobel Commission to consider awarding Nobel Prize recognition for achievements in the preservation of the world environment.
United States · United States Congress · 28 June 1989
Alzheimer's Disease Research and Training Act of 1989 - Authorizes appropriations, in addition to amounts otherwise authorized for FY 1990, to conduct biomedical research relating to Alzheimer's disease in order to increase, by at least 50 percent, the number of approved investigator-initiated grant proposals funded in accordance with the recommendations of the Advisory Panel on Alzheimer's Disease. Directs the Secretary of Health and Human Services, from amounts appropriated under this authorization, to provide specified minimum amounts: (1) to the Alzheimer's Disease Research Centers (ADRC) for specified activities and facilities; (2) to the National Institute on Aging (NIA); and (3) for the purpose of expanding construction on the ADRC. Requires that at least 70 percent of the funds appropriated be administered by the National Institute on Aging and at least 15 percent by the National Institute of Mental Health (NIMH) and the National Institute of Neurological Disorders and Stroke. Requires research activities conducted with the funds to be coordinated by the Alzheimer's Disease Coordinating Committee of the National Institutes of Health and the Council on Alzheimer's Disease. Authorizes appropriations for each fiscal year to be used by the Secretary to conduct research and prepare evaluations on Alzheimer's disease services, psychosocial issues, and behavioral management methods. Requires that, of the amounts appropriated under this authorization, specified sums be made available to: (1) establish not more than ten Health Services Research Centers on Alzheimer's Disease to work in conjunction with the ADRC; and (2) carry out the Alzheimer's Disease and Related Dementias Service Research Act, to be used by the NIA, the NIMH, the National Center for Health Services Research and Health Care Technology Assessment, and the Health Care Financing Administration. Authorizes appropriations for FY 1990 through 1992 to establish Centers for Health Services Research on Alzheimer's Disease and Related Dementias. Requires research that receives assistance to be coordinated through the ADRCs in existence on the date of enactment of this Act. Specifies the types of research to be conducted. Authorizes appropriations for FY 1990 to be used by the Secretary of Health and Human Services for training professionals, paraprofessionals, and support personnel responsible for the care of, or working with, patients with Alzheimer's disease and related dementias.
United States · United States Congress · 28 June 1989
Medicare Catastrophic Coverage Revision Amendments of 1989 - Delays, for one year, the implementation of the Medicare Catastrophic Coverage Act of 1988, except for provisions of such Act expanding benefits under part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act.
United States · United States Congress · 28 June 1989
Sets forth the rule for the consideration of H.R. 2770 (Medicare catastrophic coverage).
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 · 27 June 1989
Expresses the sense of the House of Representatives with respect to its concern over the Supreme Court's decision in Texas v. Johnson and its commitment to preserving the honor and integrity of the flag. Condemns all actions intended to desecrate the flag. Urges the American people to continue to display proudly the U.S. flag.
United States · United States Congress · 22 June 1989
Amends the Internal Revenue Code to provide cost-of-living adjustments for the deduction allowed for retirement savings.
United States · United States Congress · 22 June 1989
Commission on the Federal Taxation of Savings and Investment Act - Establishes the Commission on the Federal Taxation of Savings and Investment to determine the impact of such taxation on the strength of the economy.
United States · United States Congress · 22 June 1989
Constitutional Amendment - Grants the President the authority to reduce or disapprove any item of appropriation in any Act or joint resolution, except any item of appropriation for the legislative branch.
United States · United States Congress · 22 June 1989
Expresses the sense of the Congress that: (1) the concurrent budget resolution for FY 1991 should use a flexible freeze on spending in lieu of new taxes; and (2) the freeze should be similar to that proposed for the FY 1990 budget, which allows some programs to be increased while others are reduced.
United States · United States Congress · 22 June 1989
Expresses the sense of the Congress that the authority to issue tax-exempt small issue bonds should be extended through December 31, 1990.
United States · United States Congress · 21 June 1989
Violent Juvenile Offender Act - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to require the reduction and eventual suspension of Federal funding to States that do not treat all juveniles who are 15 years of age or older as adults for purposes of determining criminal liability for certain violent crimes.
United States · United States Congress · 21 June 1989
Expresses the concern of the House of Representatives regarding the future security of the Panama Canal. Calls on the President to renegotiate the Panama Canal Treaties to permit: (1) the permanent stationing of U.S. forces in Panama; and (2) the United States to act independently to maintain the security of the Canal and to guarantee its regular operation.
United States · United States Congress · 20 June 1989
Directs the Secretary of Defense to identify annually those local educational agencies that will experience an increase or reduction in enrollment of dependents of members of the armed forces or civilian officers or employees of the Department of Defense as a result of the closure or realignment of a military installation. Requires the Secretary to notify the local educational agencies affected by such determinations.
United States · United States Congress · 19 June 1989
Designates July 14, 1989, as National Day to Commemorate the Bastille Day Bicentennial.
United States · United States Congress · 15 June 1989
Census Equity Act - Requires the Secretary of Commerce to ensure that during any decennial census: (1) no member of the armed forces, civilian employee of the Department of Defense, or dependent of such member or employee, is excluded based on such member or employee being assigned to a post outside the United States; and (2) any alien not lawfully admitted for permanent residence is not included.
United States · United States Congress · 15 June 1989
Taxpayer and Environment Protection Act of 1989 - Amends the Internal Revenue Code to deny any deduction for loss from abandonment of a nuclear power plant if: (1) the taxpayer constructed or purchased such nuclear power plant which was granted a full power operating license by the Nuclear Regulatory Commission; (2) such taxpayer abandoned the plant; and (3) a State utility regulatory body permits the taxpayer any rate increase directly or indirectly related to such abandonment or sale. Provides that a transitional rule with respect to tax-exempt bond provisions under the Revenue Act of 1987 shall not apply to any bond unless the proceeds from the issuance of such bond are to be used to finance the acquisition of an operating facility.
United States · United States Congress · 15 June 1989
Constitutional Amendment - Declares that the right of the people to allow voluntary prayer and the teaching of the Judeo-Christian ethic, including the Ten Commandments and the creation of the earth as accepted in Judeo-Christian tradition, in public schools shall not be denied or abridged by the United States. States that this Amendment does not: (1) force the people to enact any statute against their will; (2) constitute the establishment of a religion; or (3) permit any governmental or administrative authority to prescribe the form or content of any voluntary prayer.
United States · United States Congress · 14 June 1989
Southeast Interstate Low-Level Radioactive Waste Compact Amendments Consent Act of 1989 - Grants congressional approval to amendments made by the party States to the Southeast Interstate Low-Level Radioactive Waste Management Compact which provide for: (1) withdrawal from the Compact; and (2) the maximum length of time a party State is required to operate a regional facility.
United States · United States Congress · 14 June 1989
Living Wage Act of 1990 - Title I: Earned Income Tax Credit - Amends Internal Revenue Code provisions governing the earned income tax credit to: (1) increase from $5,714 to $7,000 the amount of earned income subject to the credit; (2) increase the basic credit from 14 percent to 15 percent; and (3) add additional credits to apply to not more than four children of five percent for each dependent school age child between age six and age 16 and ten percent for each preschool age child. Reduces the amount of the credit for taxpayers with adjusted gross income over $40,000. Indexes amounts relating to the credit beginning in 1992. Disallows application of the nonrefundable dependent care income tax credit with respect to a taxpayer's dependents under age 13, unless the child is physically or mentally incapable of self-care. Permits the credit with respect to handicapped children under age 15 only if the taxpayer elects not to include the child within the framework of the earned income credit. Repeals provisions of the Family Support Act of 1988 that revise the way in which the earned income credit is treated in the context of needs analysis for purposes of State plans for aid and services to needy families with children under title IV of the Social Security Act. Title II: Federal Minimum Wage - Amends the Fair Labor Standards Act of 1938 (the Act) to increase the minimum wage per hour from $3.35 in 1989 to: (1) $3.65 in 1990; (2) $3.95 in 1991; and (3) $4.25 in 1992 and thereafter. Increases the tip credit under the Act from 40 percent to 50 percent. (The tip credit deems the amount paid to a tipped employee, for minimum wage purposes, to be increased by an amount determined by the employer, but not by an amount in excess of the specified percentage of the applicable minimum wage rate). Increases the small business exemption by revising the definition of an enterprise engaged in commerce, for purposes of coverage under the Act ("the enterprise test"). Exempts from such coverage enterprises whose annual gross volume of sales or business is less than $500,000 (currently $362,500), effective in 1990. Requires employers who were covered in 1988, but who are exempt under the new threshold, to continue to pay the $3.35 per hour minimum wage. Authorizes employers, in lieu of the minimum wage, to pay a newly hired employee not less than $3.35 an hour and thereafter not less than 80 percent of the increased minimum wage. Applies the rights and protections of the Fair Labor Standards Act of 1938 to employees in the House of Representatives, employees under the Architect of the Capitol, and employing authorities of the House of Representatives. Authorizes employers to employ any employee for periods of not more than ten hours in excess of the 40-hour maximum without paying overtime if during such periods the employee is receiving remedial education.
United States · United States Congress · 13 June 1989
Turtle Protection Parity Act of 1989 - Amends the Endangered Species Act of 1973 to prohibit the importation of shrimp: (1) from any country which does not require the use of turtle excluder devices by its shrimp fishing vessels in designated waters; or (2) which were harvested in designated waters by a vessel which did not use nets equipped with turtle excluder devices. Directs the Secretary of Commerce to: (1) designate, and publish a list of, those waters which constitute any part of the geographic range of sea turtles which are listed under such act as an endangered or threatened species; (2) publish and periodically update a list of each country which requires use of turtle excluder devices by its shrimp fishing vessels in designated waters; and (3) carry out provisions of this Act within three years after enactment. Delays the effective date of certain regulations issued by the Secretary on June 29, 1987, relating to sea turtle conservation until three years after enactment of this Act.
United States · United States Congress · 13 June 1989
Adds a new title to the Maritime Act of 1981, designating the new title as the Port Improvement Act of 1989. Directs the Secretary of Transportation, through the Federal Maritime Administration, and the Secretary of Commerce (the Secretaries) to jointly establish a program to make loans to port agencies for financing and refinancing improvements to facilities at deep-draft ports. Limits the aggregate amount of loans to: (1) a specified dollar amount in a five-fiscal-year period; and (2) 50 percent of the cost of the improvements. Requires the remaining percentage to come from non-Federal sources. Prohibits loans for any activity which is eligible for assistance as a water resource project carried out by the Secretary of the Army through the Chief of Engineers. Sets forth procedures and criteria for selection of loan recipients. Requires a set-aside of 20 percent of amounts appropriated from the Port Improvement Revolving Loan Fund each year for improvements at small deep-draft ports. Limits loans to a maximum of 20 years. Requires repayment at an interest rate which: (1) will ensure that the amount in the Fund will increase at approximately the rate of inflation; and (2) is less than market rates for such loans. Establishes in the Treasury the Port Improvement Revolving Loan Fund, to consist of amounts: (1) transferred to the Fund equal to specified percentages of customs duties collected during FY 1989 through 1991; (2) deposited in the Fund as repayment of loans made under this Act; and (3) credited to the Fund from interest on and proceeds from the sale or redemption of investment of amounts in the Fund. Directs the Secretaries to establish a permanent advisory board to advise the Secretaries on matters related to this Act.
United States · United States Congress · 13 June 1989
Designates August 8, 1989, as National Neighborhood Crime Watch Day.
United States · United States Congress · 13 June 1989
Constitutional Amendment - Requires the removal from office of an Article III judge upon conviction of a criminal offense punishable by more than one year's imprisonment.
United States · United States Congress · 13 June 1989
Expresses the sense of the House of Representatives that the Committees on Energy and Commerce and Ways and Means should review the Medicare Catastrophic Coverage Act of 1988 and hold hearings in the process of such review.
United States · United States Congress · 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
Designates the week beginning on the second Sunday in May 1990 as National Tourism Week.
United States · United States Congress · 24 May 1989
Title I: General Provisions - Merchant Marine and Defense Act of 1989 - Sets forth congressional findings regarding the maritime industries and national defense. Declares that it is the policy of the United States to develop the necessary maritime resources to meet U.S. national defense and economic security requirements. Title II: Operating Differential Subsidy Reform - Amends provisions of the Merchant Marine Act, 1936 relating to the operating-differential subsidy (ODS) to: (1) allow the Secretary of Transportation, in determining whether to approve an application or revise a contract, to consider the availability of funding; and (2) prohibit the Secretary, in making such determinations, from making a distinction between persons already receiving such aid and new applicants. Revises the definition of "essential service" to include any operation determined by the Secretary to be necessary for national defense or for competitive and economical operation of U.S.-flag vessels in foreign commerce. Requires, for ODS aid, that a vessel be a militarily useful dry cargo vessel less than 20 years old and U.S.-documented. Directs the Secretary, notwithstanding any other law, to allow any qualified U.S. operator to qualify any militarily useful vessels for an ODS if the operator applies within one year of enactment of this Act, meets the requirements for such aid, and meets other requirements. Defines "qualified operator" to mean a U.S. citizen who owned, during the two years ending on the date of enactment of this Act, oceangoing vessels documented in the United States. Ends the Secretary's authority to determine suitable ocean routes and lines to foreign ports. Ends the ODS eligibility requirement that vessels be operating in an essential service. Directs the Secretary to designate ocean services, routes, and lines to not be essential services for purposes of ODS. Prohibits the Secretary from designating a route after two years after enactment of this Act unless operation on that route under an ODS is essential for national security. Repeals provisions excluding certain vessels from eligibility for an ODS. Reduces the maximum period for ODS contracts from 20 to ten years. Modifies the formula for determining the amount of ODS payments. Eliminates ODS coverage for insurance, maintenance and repair, and subsistence of officers and crews. Shields contracts in effect on the date of enactment of this Act from the changes until specified events occur. Changes the definition of "collective bargaining costs." Requires wage subsidies to be paid semimonthly rather than monthly. Prohibits the Secretary from entering into or making payments on ODS contracts for a dry cargo or dry bulk vessel that is more than 25 years old or a tanker vessel that is more than 20 years old. (Current law prohibits ODS payments for vessels that are more than 25 years old.) Directs the Secretary, in awarding and revising ODS contracts, to ensure that disruptions to parties to existing contracts are minimized. Provides for a reduction of ODS payments for a particular voyage in proportion to the amount of revenue payable under cargo preference provisions, subject to exception. Authorizes the Secretary to carry out ODS provisions so as to provide incentives for improving the efficiency of operation of vessels for which an ODS is paid. Allows the Secretary to authorize a contractor receiving an ODS for operations of a line haul vessel to own or operate certain foreign flag vessels that act as feeder vessels for that line hall vessel. Authorizes the Secretary, notwithstanding specified provisions, to enter into ODS contracts with U.S. citizens for the operation of any militarily useful vessel built in a foreign shipyard if the citizen has a foreign vessel acquisition right issued by the Secretary and if other requirements are met. Directs the Secretary to establish a program for the issuance of a foreign vessel acquisition right with respect to each oceangoing merchant vessel over a specified number of deadweight tons for which construction in the United States is started on or after enactment of this Act. Requires the program to provide for the assignment by the Secretary of the rights to any U.S. citizen. Requires amounts received as revenue under the program to be deposited in the Procure and Charter Shipyard Improvement Fund established under title XIV of the Merchant Marine Act, 1936 for use under that title. Declares that these provisions shall not be construed to authorize any vessel built or acquired outside the United States to engage in the coastwise trade. Authorizes the Secretary: (1) notwithstanding specified provisions, to enter into ODS contracts for one year after enactment of this Act with any qualified operator for the operation of any militarily useful vessel built in a foreign shipyard if the vessel meets certain requirements; and (2) on and after the date of enactment of this Act to enter into ODS contracts for operation of any vessels eligible for such subsidies by reason of these provisions, the contracts to be effective after the vessels are delivered and documented under U.S. laws. Amends the Merchant Marine Act, 1936 to modify the definition, for purposes of provisions relating to cargo preference, of the term "privately owned United States-flag commercial vessels" so as to allow certain foreign-built vessels to carry preference cargo, subject to limitation. Authorizes the Secretary, notwithstanding cargo preference limitations, to declare a foreign-built vessel eligible for preference cargo, if the Secretary is authorized to enter into an ODS contract with respect to that vessel and if other conditions are met. Title III: Procure and Charter Program - Part A: Design and Construction of Vessels and Improvement of Shipyards - Directs the Secretary of Transportation (Secretary) and the Secretary of Defense to establish a program under which amounts in the Procure and Charter Revolving Fund (Fund) must be used to: (1) fund contracts for the design in the United States of military useful merchant vessels; (2) fund contracts for the construction of such vessels in privately owned U.S. shipyards; and (3) provide assistance to such shipyards for improvements to equipment, systems, and techniques. Directs the Secretary to enter into contracts for the: (1) design and construction of prototypes of militarily useful merchant vessels; and (2) construction of militarily useful merchant vessels in accordance with such designs and prototypes. Sets forth vessel requirements, contractor eligibility requirements, and contract restrictions. Directs the Secretary to require that, as part of the contract, any person awarded a contract improve facilities and management systems of the person and achieve improvements in productivity and cost reductions through serial construction. Authorizes the Secretary to provide vessel construction contractors under these provisions financial assistance in an amount equal to one-half of the costs of improvements in vessel construction equipment, systems, and techniques to be used in carrying out the contract. Prohibits the assistance unless the Secretary determines that the assistance will result in reduced total costs and increased productivity in carrying out construction under these provisions. Limits the amount of the assistance. Authorizes appropriations from the fund as necessary for constructing an average of 12 vessels in each of the FY 1989 through 2000. Part B: Vessel Charter and Sale - Directs the Secretary to establish a program for the chartering and disposing of vessels constructed under part A of this title. Authorizes the Secretary to enter into contracts with any eligible person for the charter by the person of such vessels. Sets forth charter contract terms. Directs the Secretary, as a condition of a contract, to require: (1) a deposit to ensure the faithful performance of all requirements of the contracts, including indemnity against liens on the vessel; and (2) insurance at the expense of the person entering into the contract. Sets forth contracting procedures. Allows the Secretary to terminate a contract: (1) on a presidential proclamation that termination is required for national defense; and (2) during a national emergency declared by the President. Directs the Secretary, in chartering vessels, to avoid conferring any unfair advantage on a charterer. Authorizes the Secretary of Transportation (Secretary) and the Secretary of Defense to contract for the charter of any vessel constructed under part A of this title, for use by the Department of the Navy, at rates determined by the Secretary (but not less than the prevailing commercial rate) for not more than two years. Authorizes the Secretary of Defense to contract with any private person to subcharter any vessel constructed under part A, unless the operation of the vessel under that contract will adversely affect the commercial operation of a vessel documented under U.S. laws. Authorizes the Secretary of Transportation (Secretary) to sell or otherwise dispose (including by transfer to the National Defense Reserve Fleet) of a vessel constructed under this title if the vessel is not under contract and no reasonable contract offers have been received, and if other conditions are met. Mandates that the Secretary require as compensation for a vessel sold or disposed of an amount at least as much as the U.S. cost in constructing the vessel, less depreciation. Directs the Secretary, in disposing of vessels, to avoid conferring any unfair advantage on any person who acquires the vessel. Authorizes the Secretary to dispose of a vessel to any person for purposes of scrapping the vessel. Part C: Procure and Charter Revolving Fund - Establishes in the Treasury the Procure and Charter Revolving Fund, to consist of amounts deposited in and transferred to the Fund under these provisions. Directs the Secretary of the Treasury to: (1) deposit in the Fund all proceeds of charters, sales, and disposals under part B of this title, all duties under specified provisions of the Tariff Act of 1930, all proceeds of issuance of foreign vessel acquisition rights under provisions of the Merchant Marine Act, 1936 as amended by this Act, and interest on such amounts; and (2) transfer to the Fund, for each of the FY 1990 through 2000, any difference between the deposited amounts and the amount authorized to be appropriated under part A of this title. Makes amounts in the Fund available to the Secretary for vessel design and construction and shipyard assistance. Terminates the Fund, with the balance reverting to the general fund of the Treasury, upon a finding by the Secretary that amounts in the Fund plus anticipated receipts are insufficient for funding construction contracts. Mandates deposit in the general fund of the Treasury of any amounts received after termination of the Fund. Part D: General Provisions - Directs the Secretary to: (1) submit an annual report to the Congress regarding matters under this title; and (2) issue regulations to carry out this title. Title IV: Simplification of Procedure for Long-Term Military Leases - Amends Federal law to exempt noncombatant oceangoing vessels from provisions relating to authorization required for certain long-term leases of vessels and aircraft by military departments. Directs the Secretary of Defense to submit an annual report to specified committees of the Congress describing each case in which the Department of the Navy is seeking, or considering seeking, to enter into a long-term charter of an oceangoing vessel under the provisions amended by this title. Title V: Vessel Prototype Design and Construction Program - Directs the Secretary of Transportation to: (1) establish a program for the design and construction of dry and liquid cargo vessel prototypes and troop carrying vessel prototypes; (2) establish guidelines for such design and construction; and (3) conduct a series of competitions for the selection of designs for vessel prototypes. Sets forth design criteria. Authorizes the Secretary to contract for the production of vessel prototype designs. Directs the Secretary to encourage such cooperation between naval architecture firms and ship building firms as may facilitate the use of modern production techniques. Directs the Secretary to contract for the construction in private U.S. shipyards of one of each vessel prototype design. Sets forth criteria for selection of shipyards. Directs the Secretary to base contract awards, to the maximum extent practicable, on consideration (in addition to other considerations required by law) of maintaining the U.S. ship building mobilization base. Requires prototypes constructed under this title to be chartered or otherwise disposed of under the program established under part B of title III of this Act. Requires information obtained through the design and construction of prototypes to be made available to private shipyards and ship suppliers. Title VI: Federal Ship Mortgage Insurance - Amends the Merchant Marine Act, 1936 to exclude from the definition of "vessel," as used in provisions relating to Federal ship mortgage insurance: (1) any vessel used primarily for offshore exploration or exploitation of petroleum; and (2) barges, tugs, towboats, and workboats. Title VII: Tax Incentives for Modernization of U.S. Shipyards - Amends provisions of the Merchant Marine Act, 1936 and the Internal Revenue Code regarding tax incentives and relating to merchant marine capital construction funds to define "reconstruction" to include general repairs to a qualified vessel to the extent that their costs exceeds a specified amount. Adds references to shipyards to the same provisions of both Acts. (Current law provides the incentives only for certain vessels and related barges or containers.) Amends the Internal Revenue Code to add qualified vessels and qualified shipyards to the list of exceptions to the termination of the regular percentage, for purposes of determining the amount of the investment tax credit. Restores, for such vessels and shipyards, the depreciation schedule which was in effect on the day before the enactment of the Tax Reform Act of 1986. Title VIII: Tariff and Trade Reform for Vessel Construction and Operation - Amends the Tariff Act of 1930 to impose, when purchased or performed in a foreign country, an ad valorem duty on: (1) modifications and permanent additions to the hull, fittings, or superstructure of a vessel, including inspections required by the classifications societies, insurers, and governmental entities; and (2) vessel drydocking and all services necessary for drydocking. Excluding emergency repairs from imposition of such duty. Relieves the owner or operator of a vessel from liability for the duty if the owner or operator elects to spend, in a shipyard in the United States within five years, for equipment, repair parts or materials, or repairs, a cumulative amount at least equal to the duty. Makes an owner or operator who fails to so spend liable for the duty plus accrued interest. Requires amounts received as a duty to be deposited into the Procure and Charter Revolving Fund established by this Act. Title IX: Expansion of Cargo Reserved for U.S. Vessels - Amends cargo preference provisions of the Merchant Marine Act, 1936 to require that 100 percent of the agricultural and nonagricultural ocean-borne cargoes generated by the U.S. Government, including cargoes generated as a result of a foreign aid cash transfer program, be transported on privately owned U.S.-flag commercial vessels, subject to exception. (Current law requires that 50 percent of nonagricultural and 25 percent of certain agricultural commodities be transported on U.S.-flag commercial vessels.) States that, in authorizing a vessel which is not U.S.-registered to transport any cargo which is foreign assistance subject to the provisions being amended, the Secretary of Transportation must require that 50 percent of the cargo be transported on U.S.-registered vessels and the remainder on vessels registered in the country receiving the assistance. Title X: Increasing Defense Readiness of United States Merchant Marine - Amends the Merchant Marine Act, 1936 to direct the Secretary of Transportation, before approving any assistance under such Act for the construction of a vessel intended for use in the coastwise trade, to submit the plans to the Secretary of Defense for review and approval. Directs the Secretary of Defense to either: (1) certify that the plans are suitable for construction of a vessel which is capable of economical and expeditious conversion to use during war or national defense emergency; or (2) request changes in the plans necessary to enable that conversion. Directs the Secretary of Transportation, subject to appropriations, to pay to a person constructing a vessel in the United States after enactment of this Act to be operated in the coastwise trade, before construction begins, the costs of: (1) constructing any national defense features; (2) maintaining the features for 15 years; (3) additional operating expenses because of the features during that period; and (4) lost revenue during that period because of reduced cargo space. Declares that it is the sense of the Congress that: (1) rates paid by the Department of Defense for the carriage of ocean-borne cargoes should fully compensate the vessel owner and could be based on established commercial rates; and (2) contracts for such carriage should be awarded, compatible with sound business practice (including cost minimization), so as to enhance the strategic sealift capabilities of the U.S.-flag commercial merchant fleet. Prohibits the Department of Defense, subject to exception and after enactment of this Act, from entering into any contract for carriage of cargoes on a vessel which was: (1) not U.S.-built; or (2) documented in the United States after enactment of this Act. Directs the Secretary of Transportation (Secretary) and the Secretary of Defense to establish a national maritime industries research and development program to carry out commercial water-borne and commercial intermodal transportation and strategic sealift-related research and development. Makes the Secretary responsible for administering the program and lists areas which must be included in the program. Directs the two Secretaries to jointly establish the Maritime Research and Development Advisory Board. Directs the Secretary, as a condition of a research and development project under these provisions, to require that private industry pay a portion of the cost of the project. Limits the Federal share to 66 percent and the non-Federal share to a specified dollar amount for each fiscal year. Authorizes appropriations for FY 1991 through 2001. Title XI: Maritime Labor Reform - Repeals provisions of Federal law relating to merchant mariners' documents. Authorizes the Secretary of Transportation, notwithstanding any law, to issue regulations to: (1) allow performance of both deck and engine duties on vessels by qualified personnel; (2) establish the numbers and qualifications of the crew and the watch on vessels; (3) create and keep current licensed and unlicensed personnel ratings; and (4) govern the requirements and standards for documentation of licensed and unlicensed personnel of vessel crews. Directs the Secretary to conduct a study and report to the Congress regarding methods for reducing allowable compensation for port and shipyard workers' injuries and disabilities under the Longshoremen's and Harbor Workers' Compensation Act to a level comparable to other industrial occupations. Title XII: Miscellaneous - Directs the Secretary of State, the Secretary of Transportation, the Secretary of Commerce, the Administrator of the Federal Maritime Commission, and the U.S. Trade Representative to jointly submit an annual report to the Congress regarding unfair foreign trade practices that affect the U.S.-flag merchant marine and maritime industries. Directs the Secretary of Defense to submit an annual report to the Congress regarding specified current and projected maritime defense matters. Directs the Secretary of Transportation to include certain information in an annual report to the Congress required by specified provisions of the Merchant Marine Act, 1936.
United States · United States Congress · 24 May 1989
Disaster Assistance Act of 1989 - Title I: Emergency Crop Loss Assistance for Annual Crops - Extends disaster crop loss assistance through the 1989 crop year for wheat, feed grains, peanuts, sugar, tobacco, soybeans, and other nonprogram crops. Extends crop quality reduction disaster assistance through the 1989 crop year. Reduces disaster assistance payments in relation to Federal crop insurance payments. Requires producers to obtain Federal crop insurance for 1990 in order to be eligible for disaster payments and other specified assistance for 1989 crop losses. Sets forth exempted circumstances. Requires the Secretary of Agriculture to announce within a specified time the conditions for establishing a 1989 farm yield for forage-use crops. Limits assistance under this Act at $100,000. Authorizes the Secretary to determine a de minimis yield for each crop eligible for reduced yield disaster payments under this Act. Title II: Forest Crops and Conservation Measures - Directs the Secretary to provide assistance to tree farmers who lost seedlings in 1989 as a result of drought conditions. Limits assistance to any one person to $25,000. Prohibits the Secretary from reducing rental payments to an owner or operator who harvests 1989 hay on land subject to a conservation reserve program contract to the extent that such owner or operator carries out and pays for specified additional conservation practices. Title III: Administrative Provisions - Makes a person with qualifying annual gross income (as defined by this Act) in excess of $2,000,000 ineligible for assistance under this Act.
United States · United States Congress · 24 May 1989
Directs the Secretary of Defense and the Secretary of Commerce to establish a five-year joint program for collecting operational and reconnaissance data, conducting research, and analyzing data on tropical cyclones to assist the forecast and warning program and increase the understanding of the causes and behavior of tropical cyclones. Sets forth the responsibilities of each Secretary. Directs those Secretaries to jointly develop and submit to the Congress management plans for: (1) the program established by this Act; and (2) continued tropical cyclone surveillance and reconnaissance which will adequately protect the citizens of U.S. coastal areas.