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![Official portrait of Rep. Smith, Peter [R-VT-At Large]](https://www.congress.gov/img/member/s000601_200.jpg)
United States · Official source
369 records where Rep. Smith, Peter [R-VT-At Large] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 29 June 1989
Amends the Age Discrimination in Employment Act of 1967 to specify that appointed judges are not included in an exemption from the definition of "employee" as used in that Act.
United States · United States Congress · 29 June 1989
Job Training Partnership Act Amendments of 1989 - Title I: Amendments to the Job Training Partnership Act - Amends the Job Training Partnership Act (the Act) to authorize appropriations for FY 1990 through 1994 for the Youth Opportunities Unlimited program (as added by this Act). Revises the definition of "supportive services" to include drug and alcohol counseling and referral and individual and family counseling. Includes representatives of local welfare agencies on private industry councils (PICs). Revises requirements for service delivery area (SDA) job training plans. Revises requirements for performance standards to include measuring the acquisition of basic and occupational skills. Requires PIC's to determine such standards in consultation with educational agencies and private employers, based on factors such as entry skill levels and other hiring requirements. Directs Governors to award incentive funds to SDAs for achieving performance standard levels. Requires selection of service providers on a competitive basis to the maximum extent possible. Requires such selection process to include: (1) determination of the service provider's ability to meet program design specifications; and (2) documentation of compliance with procurement standards. Requires, with specified exceptions, that all expenditures under the Act be charged to appropriate cost categories. Establishes new cost categories and cost limitations for the Adult Opportunity and Youth Opportunity Programs. Requires the Governor's coordination and special services plan to include descriptions of State coordination measures and projected grant uses. Renames the State job training coordinating council the State human resource investment council. Repeals specified provisions for State education and coordination grants and for training programs for older workers. Exempts from cost breakdown requirements certain tuition charges for training or education which are not more than the charges to the general public. Limits the duration of on-the-job under the Act to a period not in excess of that generally required for acquisition of necessary skills for the particular position but in no event longer than six months. Allows a public or private nonprofit entity to retain any income earned under any program under the Act if it is used to carry out the program, even though financial assistance has expired. Requires States to establish fiscal control and fund accounting procedures to ensure proper disbursal and accounting of Federal funds. Requires the Governor to establish procurement standards for States, local areas, and SDAs to ensure that specified criteria are met. Requires States, administrative entities conducting the program, and recipients (other than sub-recipients) to monitor the performance of service providers in complying with the agreements under the Act. Revises training services for disadvantaged adults and renames them the Adult Opportunity Program. Sets forth new eligibility requirements and a new formula for the allotment of funds to the disadvantaged adult program. Requires that the following features be included in all individual adult programs: (1) assessment of skill levels and service needs; (2) service strategy; (3) progress review; and (4) where appropriate, basic and occupational skills training. Requires SDAs to link with: (1) other specified Federal programs; and (2) State, local, and private programs, as appropriate. Allows an SDA to transfer up to ten percent of adult program funds to the youth program under certain conditions. Revises training services for disadvantaged youth and renames them the Youth Opportunity Program. Sets forth new eligibility requirements and a new formula for the allotment of funds to the disadvantaged youth program. Requires that the following features be included in all individual youth programs: (1) assessment of skill levels and service needs; (2) service strategy; (3) progress review; and (4) where appropriate, training in basic, occupational, pre-employment, and work maturity skills, work experience combined with skills training, and supportive services. Requires SDAs to link the youth program with: (1) other specified Federal programs; and (2) as appropriate, State, local, and private programs. Allows an SDA to transfer up to ten percent of youth program funds to the adult program under certain conditions. Establishes a State Linkage and Coordination Program, with grants to States to encourage: (1) Statewide policies and strategies to achieve critical human resource development goals for at-risk populations; (2) use of Federal, State, and local public and private resources to address the multifaceted problems of at-risk youth and adults; and (3) institutional change to develop comprehensive and integrated education, training, and employment goals and strategies for youth and adults at risk of chronic unemployment and welfare dependency. Provides, with respect to employment and training assistance for dislocated workers, that an eligible dislocated worker participating in training (except on-the-job training) shall be deemed to be in training with the approval of the State agency for purposes of unemployment compensation. Raises from ten to 20 percent the percentage of Job Corps participants who may be in the non-residential program. Consolidates and revises provisions for: (1) national partnership and training programs; (2) research, demonstration, and evaluation; and (3) training and technical assistance. Renames the National Commission on Employment Policy the National Commission for Employment and Vocational Education Policy. Directs the Secretary to establish a national Youth Opportunities Unlimited program of grants to target comprehensive services to youth living in high poverty areas. Allows State Governors to apply for such grants on behalf of eligible cities and non-metropolitan counties with the highest concentrations of poverty. Authorizes the Secretary to select as grant recipients up to: (1) 25 communities during the first year after the program is authorized; and (2) a total of 40 communities over the five-year authorization period. Requires such grants to be awarded to the local service delivery area in which the target area is located. Allows multi-year grants. Title II: State Human Resource Investment Council - Requires each State which receives assistance under an applicable program to establish a single State human resource investment council to review and advise on coordination of applicable programs under: (1) the Adult Education Act; (2) the Carl D. Perkins Vocational Education Act; (3) the Job Training Partnership Act; (4) the Rehabilitation Act of 1973; (5) the Wagner-Peyser Act; and (6) the JOBS program of the Social Security Act.
United States · United States Congress · 29 June 1989
Prohibits any cable system from being required, before January 1, 1991, to delete programming pursuant to certain Federal Communications Commission rules and regulations concerning syndicated program exclusivity.
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
Designates October 29, 1989, as Fire Safety at Home Day: Change Your Clock, Change Your Battery. Directs the President to issue a proclamation to urge people to change the batteries in their smoke detectors when they reset their clocks from daylight savings time.
United States · United States Congress · 27 June 1989
Amends the Internal Revenue Code to allow individuals a tax deduction of up to $250 for political contributions.
United States · United States Congress · 27 June 1989
Designates April 22, 1990, as Earth Day for public activities that promote global environmental preservation.
United States · United States Congress · 27 June 1989
Expresses the sense of the House of Representatives that individuals throughout the United States should observe Independence Day, July 4, 1989, as Take Pride in the Flag Day to celebrate the 213th anniversary of the signing of the Declaration of Independence and the 201st anniversary of the ratification of the U.S. Constitution.
United States · United States Congress · 22 June 1989
Limits Members of Congress to two usual and customary congressional newsletters as mass mailings and postal patron mailings in a calendar year. Requires the Senate Committee on Rules and Administration and the House Commission on Congressional Mailing Standards to prescribe rules and regulations to carry out this Act. Requires Members to file disclosure statements detailing mass mailing costs during the preceding six months. Provides for separate appropriations for the House and the Senate for franked mailings. Requires any Member whose spending for franked mailings exceeds the postage allowance to repay such excess expenses from the Member's office payroll account.
United States · United States Congress · 22 June 1989
Designates October 1989 as National Domestic Violence Awareness Month.
United States · United States Congress · 22 June 1989
Expresses the sense of the House of Representatives that: (1) the reasoning in the Supreme Court decision in Texas v. Johnson was incorrect; (2) the U.S. flag is unique and deserves to be treated with respect; and (3) it is a misinterpretation of the Constitution to suggest that the Congress or the States do not have the power to prohibit the desecration of the U.S. flag.
United States · United States Congress · 21 June 1989
Emergency Chinese Adjustment of Status Facilitation Act of 1989 - Waives the two-year home country residence requirement for nationals of the People's Republic of China in the United States on a student (J) visa. Continues the legal status of nonimmigrant nationals of the People's Republic of China in the United States for adjustment or change of status purposes.
United States · United States Congress · 19 June 1989
Designates July 14, 1989, as National Day to Commemorate the Bastille Day Bicentennial.
United States · United States Congress · 15 June 1989
Satellite Public Education and Information Act of 1989 - Amends the Communications Act of 1934 to prohibit the encryption of any broadcast program intended for private viewing if the production or broadcasting is subsidized by the Government. Defines a program or broadcast as subsidized by the Government if: (1) tax-derived funds defray any part of the cost of producing the program; (2) tax-derived sources have paid for at least part of the broadcast's direct cost; (3) tax-exempt organizations provide any direct grant or other payment for defraying production or broadcasting costs; or (4) tax-exempt organizations produce or broadcast the program.
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
Education Partnership Act of 1989 - Amends the Higher Education Act of 1965 to establish a student mentor pilot program under part C (Work-Study Programs) of title IV (Student Assistance) of such Act. Authorizes the Secretary of Education to designate from ten to 100 institutions of higher education that may use a portion of their work-study funds allocations to establish such a pilot program to test the feasibility of using such funds to provide incentives to eligible college students to engage in mentor activities to help disadvantaged youths who are at risk of dropping out of elementary or secondary school. Directs the Secretary, within three years, to report to the Congress an evaluation of such program.
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
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 · 12 June 1989
Amends title VII (Equal Employment Opportunities) of the Civil Rights Act of 1964 to deem a prima facie violation of such title to have been made out by proof that the representation of the protected group is significantly less in the position or among the benefit recipients in question than among the qualified applicants (or likely qualified applicants) for the position, or the eligible persons (or likely eligible persons) for the benefit. Allows a defendant to rebut the showing by proving that each part of the selection process was essential to the performance of the defendant's legitimate functions.
United States · United States Congress · 12 June 1989
Expresses the sense of the Congress that a postage stamp should be issued in honor of Claude Pepper.
United States · United States Congress · 8 June 1989
Air Toxics Control Act of 1989 - Amends the Clean Air Act to establish a list of hazardous air pollutants. Permits any person to petition the Administrator of the Environmental Protection Agency for additions to or deletions from such list. Requires the presentation of adequate data concerning health or environmental effects for such additions or deletions. Prohibits air pollutants for which national air quality standards have been established, with specified exceptions, from being added to such list. Directs the Administrator to review and revise such list at least every five years. Requires the Administrator to list and establish emissions standards for categories of major emitting facilities. Establishes a timetable for the promulgation of such standards, requiring standards for all categories within eight years of this Act's enactment. Directs the Administrator to review and, if necessary, revise such standards at least every five years. Requires the Administrator, within four years of promulgating standards for a category, to evaluate risks to human health and the environment remaining after application of such standards. Provides for revisions of such standards for carcinogens or other pollutants not meeting emissions thresholds. Authorizes the Administrator to promulgate design, equipment, work practice, and operation standards for major emitting facilities under this Act. Directs the Administrator to promulgate such standards when it is infeasible to establish a numerical emission limitation standard for any category. Requires such standards to: (1) achieve reductions comparable to numerical emission limitations under this Act; (2) include leak prevention, detection, and correction requirements unless the Administrator finds such requirements infeasible or unnecessary; (3) require owners or operators of major emitting facilities to carry out annual safety inspections to locate leaks and unpermitted releases and to report the results of such inspections to the permitting authority; and (4) include procedures for monitoring or measuring emissions and for demonstrating compliance with such requirements. Authorizes the Administrator to establish a de minimis level for emissions from categories of facilities under this Act, provided that such level does not exceed 10 tons annually for any single hazardous air pollutant or 25 tons annually for a combination of such pollutants. Makes it unlawful to construct or modify a major emitting facility or to emit any pollutant subject to this Act's standards, except in compliance with a permit. Outlines the requirements of the permit program. Limits permits to five-year periods. Requires inspections of facilities for permit issuances or renewals. Authorizes the issuance of a temporary permit if a facility owner or operator certifies that the facility is in compliance with applicable standards. Requires the permitting authority to review and inspect such facility to determine whether a full permit should be issued. Requires compliance with standards by existing facilities within three years of the promulgation or revision of such standards. Exempts facilities from standards for carcinogens or nonthreshold air pollutants if a permit contains alternative emission limitations which will prevent adverse health or environmental effects. Grants extensions for permit compliance to existing facilities under specified conditions. Authorizes the President to exempt any facility from any standards for up to two years if the technology to implement such standards is unavailable and the operation of the facility is required for national security reasons. Authorizes additional two-year extensions of such exemptions. Requires the President to report to the Congress with respect to each exemption or extension. Allows exemptions from emission standards for facilities which achieved reductions of at least 95 percent from uncontrolled emissions of a hazardous air pollutant prior to proposal of the standard. Directs the Administrator to conduct an urban pollution research program to include: (1) ambient monitoring for a broad range of hazardous air pollutants in a representative number of urban locations; (2) analysis to characterize the area sources of such pollution and the health risks posed by such pollutants; and (3) consideration of factors which elevate such health risks. Requires State air pollution agencies which receive Federal grants and have responsibility for metropolitan areas with populations over 250,000 to establish monitoring programs to measure the concentrations of hazardous air pollutants. Directs the Administrator to list and promulgate emissions standards for categories of area sources of hazardous air pollutants. Establishes a timetable for the promulgation of such standards, requiring standards for all categories within eight years of this Act's enactment. Requires the Administrator to review and, if necessary, revise such standards at least every five years. Authorizes States to submit to the Administrator for approval programs for the implementation and enforcement of permits or standards concerning areas sources. Permits the transfer of the Administrator's enforcement authorities to a State. Requires the Administrator to publish guidance for use in program development. Sets forth provisions regarding approval of such programs. Requires the Administrator to review State programs at least every two years and to withdraw approval of any program if determined that a State is not administering or enforcing such program. Authorizes the Administrator to make grants to States for program development. Requires the Administrator to: (1) investigate the sources of atmospheric deposition of hazardous air pollutants on the Great Lakes and tributary waters and evaluate the adverse human health and environmental effects of such deposition; (2) report the results of such investigation to the Congress; and (3) promulgate further emissions standards or control measures necessary to prevent the effects of such deposition. Directs the Administrator to report to the Congress on the implementation of certain requirements under this Act and to maintain a database on pollutants and sources subject to provisions of this Act. Requires such report to identify specific metropolitan areas which experience high risks to human health as the result of hazardous air pollutant emissions and the sources of such emissions. Makes available to the public any information submitted to a permitting authority. Directs the Administrator to establish and maintain an air toxics clearinghouse, control technology center, and risk information center to provide technical assistance and information to States, local agencies, and the public on emissions reduction. Requires the Administrator to review and, if necessary, revise risk evaluation guidelines at least every five years. Require such evaluations to evaluate direct and indirect exposure pathways. Directs the Administrator to establish standards and procedures for the certification of persons preparing such evaluations. Requires the Administrator to publish a list of air pollutants which: (1) are emitted by motor vehicles into the ambient air or into the interior of a motor vehicle; and (2) cause or contribute to air pollution which may result in serious adverse effects to human health or the environment. Sets forth the same petitioning, review, revision, and risk evaluation procedures as those applicable to major emitting facilities. Establishes diesel particulates emissions standards for: (1) passenger vehicles and light trucks manufactured after 1991; and (2) heavy trucks and buses manufactured after 1990. Makes it unlawful, on the later of one year after this Act's enactment or January 1, 1991, to sell or introduce into commerce any leaded gasoline for use as a motor vehicle fuel. Requires the Administrator to promulgate regulations for the reduction of particulates from existing diesel buses. Permits requirements for municipal transit buses to be more stringent than those applicable to other buses. Directs the Administrator to list at least 100 substances which, as the result of an accidental release, may cause adverse human health or environmental effects. Treats liquids and gases identified by the Secretary of Transportation as toxic by inhalation as listed under this section if the Administrator fails to list 100 substances by the required deadline. Requires the Administrator to review substances which are not on such list but are listed under the Emergency Planning and Community Right-to-Know Act of 1986, this Act, and the list identified by the Secretary for possible additions to the list. Provides for petitioning and modification of such list, as appropriate. Requires the Administrator to update such list at least every five years. Directs the Administrator to: (1) establish de minimis quantities of listed substances; and (2) promulgate regulations to provide for prevention and detection of accidental releases of such substances from covered facilities and for response to such releases by owners or operators of such facilities. Requires such regulations to include monitoring, inspection, recordkeeping, storage, design, equipment, work practice, and operational requirements. Directs owners or operators of such facilities to implement risk management plans to detect and prevent or minimize accidental releases. Requires such plans to include hazard assessments, prevention programs, and response measures. Directs the Administrator to promulgate guidelines to assist in the preparation of such plans. Sets forth compliance and enforcement provisions. Requires the President to establish within the EPA an independent Chemical Safety and Hazard Investigation Board to: (1) investigate and report on accidental chemical releases; (2) propose corrective safety steps for chemical facilities; and (3) promulgate requirements for the reporting of such releases. Authorizes the Board to hold hearings, secure written reports from persons handling chemicals, obtain autopsy reports, and conduct inspections of any facility where an accidental release has occurred. Makes information obtained by the Board, with the exception of information concerning trade secrets, available to the public. Directs the Administrator to set forth reasons for any refusal to implement a recommendation of the Board. Requires the Board to report annually to the Congress on recommendations submitted to the Administrator regarding accidental releases. Authorizes appropriations. Repeals certain provisions of the Clean Air Act concerning the revision of stationary source regulations. Increases penalties for specified violations of such Act.
United States · United States Congress · 8 June 1989
Designates November 16, 1989, as Interstitial Cystitis Awareness Day.
United States · United States Congress · 8 June 1989
Expresses the sense of the Congress regarding admissions of minority students to institutions of higher education, especially with respect to illegal exclusion and illegal racial discrimination against Asian-Americans and other groups.
United States · United States Congress · 6 June 1989
Directs the Administrator of the Environmental Protection Agency to increase the number of criminal investigators assigned to its Office of Criminal Investigations by at least 30 percent in each of the next five fiscal years.
United States · United States Congress · 6 June 1989
Designates June 21, 1989, as Chaney, Goodman, and Schwerner Day. Expresses the sense of the Congress that the Voting Rights Act of 1965 has helped to fulfill the promise of democracy in this Nation. Reaffirms the goal of removing remaining barriers to full voter participation in this Nation.
United States · United States Congress · 1 June 1989
Amends the Federal criminal code to require a minimum sentence of five years' imprisonment, without an opportunity for parole, for the unlawful possession of a firearm by any person: (1) who has been convicted of a crime punishable by more than a year imprisonment; (2) who is a fugitive from justice; (3) who is an unlawful user of or addicted to any controlled substance; (4) who has transported in interstate commerce any stolen firearm; or (5) who has received any stolen firearm. Increases from $5,000 to $10,000 and from five years to ten years the fine and term of imprisonment, respectively, for violation of Federal firearm laws. Increases the penalties for possession of a firearm in connection with a crime of violence or drug trafficking.
United States · United States Congress · 1 June 1989
Oil Spill Tax Act - Amends the Internal Revenue Code relating to trade or business expenses to disallow the deduction for oil and hazardous substances cleanup costs if the Secretary of the Treasury receives notification from the relevant authority that the taxpayer has failed to comply with specified Federal environmental law. Disallows such deduction where it can be shown that the oil or hazardous substance discharge was the result of willful negligence or willful misconduct. Reduces the tax attributes of the taxpayer by the amount disallowed. Disallows a deduction for losses resulting from any oil or hazardous substance discharge if the cleanup costs of such discharge are disallowed as a deduction. Sets forth time limits for: (1) the Secretary to assess any deficiency attributable to the notification of noncompliance with Federal environmental law; and (2) the taxpayer to file a claim for credit or refund attributable to receipt of such notification. Establishes an account in the Treasury to consist of the increase in revenues resulting under this Act. Makes such amounts available for: (1) the revolving fund under the Federal Water Pollution Control Act for expenses related to removal of discharged oil; or (2) the Hazardous Substance Superfund. Directs the Secretary to report to specified congressional committees on the decrease of Federal revenues because of the allowance of the deduction for oil and hazardous substances cleanup costs. Requires the Secretary to report annually to such committees on the amount expended on environmental cleanup costs and the amount accruing to the Treasury by reason of the disallowance of such deduction.
United States · United States Congress · 1 June 1989
States that the appropriate congressional committees shall give due consideration at the earliest possible date to the formulation and advancement of a rural economic development legislative package.
United States · United States Congress · 25 May 1989
Designates the Ghost Squadron of the Confederate Air Force as the U.S. Ambassador for the Commemoration of the 50th Anniversary of World War II.
United States · United States Congress · 24 May 1989
Older Americans' Freedom to Work Act of 1989 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to remove the limitation on the amount of outside income which beneficiaries who have attained retirement age may earn without incurring a reduction in benefits.
United States · United States Congress · 18 May 1989
Designates July 2, 1989, as National Literacy Day.
United States · United States Congress · 18 May 1989
Designates January 7 through January 13, 1990, as National Law Enforcement Training Week.
United States · United States Congress · 17 May 1989
Rural Housing Improvement Act of 1989 - Title I: Rural Housing Loan Guarantees - Amends the Housing Act of 1949 to establish a guaranteed loan program for moderate income rural borrowers to acquire or rehabilitate single-family homes. Gives priority to first-time homebuyers. Provides for: (1) lender guarantee fees; (2) loan refinancing; (3) nonassumption of loans; and (4) geographic loan targeting. Title II: Agricultural Mortgage Secondary Market - Amends the Farm Credit Act of 1971 to expand the definition of "agricultural real estate" for purposes of the agricultural mortgage secondary market. Title III: Technical Assistance - Provides technical assistance for the programs under titles I and II of this Act. Authorizes appropriations.
United States · United States Congress · 17 May 1989
Dire Emergency Veterans Medical Care Supplemental Appropriations Act for the fiscal year ending September 30, 1989 - Makes emergency supplemental appropriations to the Department of Veterans Affairs for FY 1989 for veterans' medical care.
United States · United States Congress · 16 May 1989
Amends the Federal criminal code to make it unlawful for any person: (1) who has been convicted in any court of a drug crime to possess a firearm; and (2) to transfer a firearm to any other person knowing or having reasonable cause to believe that such other person is under indictment for, or has been convicted in any court of, a drug crime. Provides penalties for a violation. Sets forth additional penalties for possession of a firearm during a drug crime. Provides enhanced penalties if the firearm is a machinegun or is equipped with a firearm silencer or muffler and for subsequent convictions.
United States · United States Congress · 16 May 1989
Declares that it is U.S. policy to: (1) work with and furnish assistance to tropical forest nations to ensure maintenance and sustainable uses of such forests; (2) encourage nongovernmental organizations to implement sustainable forest management programs for conservation of tropical forests and biological diversity; (3) support model demonstration projects for sustainable use and conservation and support increased research and training in forest ecology and management; and (4) establish bilateral agreements with interested nations to share technology, experience, training, and research in tropical forest conservation. Requires the President to report to the Congress on the progress made in carrying out this Act.
United States · United States Congress · 16 May 1989
Recognizes the 50th anniversary of Little League Baseball.
United States · United States Congress · 11 May 1989
Clean Air Restoration Act of 1989 - Title I: General Provisions for Nonattainment Areas - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency to publish guidelines for enhanced State monitoring of ozone, oxides of nitrogen, volatile organic compounds (VOCs), carbon monoxide, and particulate matter 10 (PM 10) and for improved inventories of emissions of such substances. Directs the Administrator to establish emissions factors for estimating emissions of such substances from stationary sources which emit less than 25 tons per year of such pollutants. Requires State plan revisions submitted after this Act's enactment for ozone, carbon monoxide, or PM 10 nonattainment areas to provide for the maintenance of the attainment standard for 20 years after such submission. Directs the Administrator to periodically review and revise such plans, as necessary, to insure the maintenance of such standard. Revises the boundaries of ozone and carbon monoxide nonattainment areas which are classified as Extreme or Severe and are located within Metropolitan Statistical Areas (MSA) or Consolidated Metropolitan Statistical Areas (CMSA) to include the entire MSA or CMSA. Authorizes the Administrator to modify nonattainment areas classified as Moderate or serious for ozone, carbon monoxide, or PM 10 to encompass the entire MSA or CMSA if such modification is necessary to attain the air quality standard. Requires permits issued in nonattainment areas for stationary sources to provide for: (1) quarterly reports to the permitting authority on monitoring measures; and (2) annual certifications to such authority demonstrating compliance with such permit. Prohibits the issuance of any permit unless such authority has conducted an on-site inspection of the source or emissions unit. Allows new or modified stationary sources to comply with any offset requirement for increased emissions of any air pollutant by obtaining enforceable emissions reductions of such pollutant from other sources in the same nonattainment area. Requires such reductions to be in effect by the time such sources commence operation and to insure that the total tonnage of increased emissions is offset by a greater reduction in the actual emissions from other area sources. Title II: Provisions Applicable to Ozone Nonattainment Areas - Classifies ozone nonattainment areas as Moderate, Serious, Severe, or Extreme, based upon the percentage by which the air quality standard is exceeded in the area. Authorizes the Administrator to adjust the classification of areas which would be classified in another category if the ozone level in such areas were ten percent greater or less. Requires the Administrator to promulgate special rules for rural nonattainment areas where area sources do not make significant contributions to the ozone concentration in such areas. Directs States with classified ozone nonattainment areas to submit compliance strategies to the Administrator. Requires such strategies to provide for: (1) meeting an initial milestone for emissions reductions; (2) improved monitoring of ozone, oxides of nitrogen, and VOCs; (3) annual statements from owners or operators of stationary sources showing emissions of oxides of nitrogen and VOCs; and (4) annual emissions inventories to be submitted to the Administrator. Waives the requirement for owners or operators of stationary sources which emit less than 25 tons annually of VOCs if the State provides an inventory of emissions of such sources. Applies requirements for State permits with respect to air quality standards to statements for stationary sources which emit 25 tons or more annually of oxides of nitrogen or VOCs. Deems such sources to be major stationary sources. Establishes fees to be collected by States for each ton of emissions of such substances and approval procedures for compliance strategies. Directs the Administrator to publish oxides of nitrogen and VOC emissions reduction targets for Serious, Severe, and Extreme ozone nonattainment areas. Provides for reductions or increases in such targets based upon percentage reductions or increases over a 1988 emissions inventory. Directs the Administrator to publish a VOC emissions reduction milestone for such areas to require a 20 percent reduction in emissions within four years of this Act's enactment based upon the 1988 emissions inventory. Requires additional milestones to be achieved within eight and 12 years of this Act's enactment. Sets forth attainment dates of four, eight, 12, and 16 years, respectively, for Moderate, Serious, Severe, and Extreme areas. Requires State implementation plans for Serious, Severe, and Extreme areas to be revised to include measures for meeting targets and milestones, conforming with compliance strategies, and attaining and maintaining revised ozone standards. Sets forth approval procedures for such plans. Requires the Administrator to audit biennially and, if necessary, revise such plans to assure compliance. Includes specified ratios for offsets of increased emissions by new or modified sources in permit requirements for Moderate areas. Requires compliance strategies or revised implementation plans for Serious and Severe areas to contain a permit program covering the construction and operation of certain new or modified emissions units. Requires certain emissions offsets by the time such units enter operation. Provides that such plans or strategies shall: (1) contain a motor vehicle inspection and maintenance program to reduce in-use emissions of VOCs and oxides of nitrogen in Serious areas; and (2) require the use of fill nozzles in such areas which prevent vapor discharge and vehicle fuel tank overflows on nozzle disconnect. Applies the nozzle requirement only to facilities which sell more than 10,000 gallons of gasoline per month (50,000 gallons per month in the case of certain independent small business gasoline marketers). Waives such requirement when the Administrator determines that onboard emissions control systems are in widespread use throughout the motor vehicle fleet. Requires such plans or strategies to require all buses which are purchased or leased by State or local governments after January 1, 1992, (for which such governments enter into contracts or for which engines are replaced after such date) and which are used for public transportation in Serious areas to be low-emission vehicles using low-emission fuels. Requires permits for the operation of certain existing stationary sources in Serious, Severe, and Extreme areas. Requires such strategies or plans to establish a schedule requiring at least 30 percent of the new motor vehicles registered in Severe areas by 1998 to be low-emission vehicles using low-emission fuels. Prohibits the use of an emissions reduction trading program to comply with the reasonably available control technology requirement applicable to such sources under the Clean Air Act. Requires tanks used for motor vehicle liquid fuel storage in such areas to be capable of storing methanol. Prohibits the use of Federal funds for transportation planning in such areas unless the Administrator determines that such planning uses all available techniques for reducing aggregate vehicle emissions. Requires all new motor vehicles owned or operated by persons owning or operating 15 or more vehicles in a Severe area after 1992 to be low-emission vehicles using low-emission fuels. Provides that compliance strategies and State implementation plans for Extreme areas shall contain the same requirements as those for Severe areas. Provides that, eight years after this Act's enactment, each electric utility and industrial and commercial boiler emitting more than 25 tons annually of oxides of nitrogen in such areas shall: (1) burn natural gas, methanol, or ethanol (or a comparably low polluting fuel) as a primary fuel; or (2) use advance control technology for reduction of such emissions. Establishes a schedule for increasing in annual increments the percentage of new motor vehicles registered in such areas which are low-emission vehicles. Requires all model year 2000 vehicles to be low-emission vehicles. Authorizes the establishment of traffic control measures during heavy traffic hours to reduce the use of high polluting vehicles in such areas. Allows an Extreme area to apply for a four-year extension of the attainment date. Directs the Administrator to grant such extension if the area is reasonably expected to meet minimum emissions reduction targets and the implementation plan is adequate to meet the attainment standard by the extended date. Sets forth procedures to be applied in the case of noncompliance with plan and compliance strategy requirements, including emissions offsets for new or modified stationary sources or emissions units at a ratio of three to one and a prohibition on the approval of, or awarding of Federal funds for, highway projects in non-complying areas. Sets forth deadlines for States to demonstrate that all measures in compliance strategies have been implemented and that milestones have been met. Provides for reclassification of areas or the implementation of additional measures, including economic incentive programs in Severe and Extreme areas, if a State fails to meet emissions reduction milestones or to submit a demonstration. Directs the Administrator to establish guidelines for such programs. Sets forth administrative procedures for making determinations, including provisional determinations, of attainment of air quality standards during a three-year period. Directs the Administrator to reclassify Moderate, Serious, or Severe areas which fail to meet attainment deadlines into the next, more stringent, category. Requires States with Extreme areas failing to meet such deadlines to submit plan revisions providing for: (1) emissions offsets at a ratio of three to one for new or modified sources or emissions units in such areas; and (2) an economic incentives program to aid in reducing the total tonnage of VOC and oxides of nitrogen emissions by at least five percent annually prior to attainment of the standard. Establishes an ozone transport region comprised of coastal States on the east coast between Maine and Maryland and the CMSA including the District of Columbia. Authorizes the creation of additional regions, as necessary. Directs the Administrator to establish an ozone transport commission for each region. Requires each State within a region to submit to the Administrator a revised implementation plan which requires compliance with emission levels as if the region were classified as a Serious area for ozone. Exempts regions within a State that do not contribute significantly to ozone concentrations in Serious, Severe, or Extreme areas. Permits States or subdivisions to petition the Administrator for the inclusion of another State or portion of a State within an ozone transport region. Requires the Administrator to develop criteria for determining transboundary pollution for ozone. Authorizes the Administrator to pay up to 100 percent of the program costs of such commissions for two years. Directs the Administrator to: (1) list all categories of commercial and consumer solvents, architectural and other surface coatings, pesticide applications, traffic coatings, and military specification coatings which release significant evaporative emissions of VOCs; and (2) promulgate standards biennially, for eight years, to reduce emissions from the highest priority group of such substances to the lowest feasible emissions rate. Requires the Administrator to publish a list of the 12 categories of stationary sources for which control technologies have not been published and which make the most significant contribution to the formation of ozone air pollution. Directs the Administrator to publish guidance for such sources, including guidelines for monitoring emissions of VOCs and oxides of nitrogen, and review and, if necessary, update such guidelines. Requires owners or operators of sources emitting ten tons or more of VOCs annually to reduce such emissions by a specified percentage if guidance for such source has not been published. Directs the Administrator to publish a control technology document regarding control of VOC emissions from the loading of petroleum products on or off of vessels. Provides that such emissions shall be considered to be direct emissions of the onshore terminal. Title III: Provisions Applicable to Carbon Monoxide Nonattainment Areas - Classifies carbon monoxide nonattainment areas as Moderate, Serious, or Severe. Authorizes the Administrator to adjust such classifications under conditions parallel to those for ozone nonattainment areas. Requires the Administrator to publish carbon monoxide concentration milestones for Serious and Severe areas to be achieved within four and eight years of this Act's enactment, respectively. Sets forth attainment dates of four, eight, and twelve years, respectively, for Moderate, Serious, and Severe areas. Sets forth requirements parallel to those for ozone nonattainment areas for State plan revisions, content, approval, and auditing. Requires plans for Serious and Severe areas to include: (1) motor vehicle inspection and maintenance programs to reduce in-use carbon monoxide emissions; and (2) provisions requiring the use of oxygenated fuels for all gasoline-powered motor vehicles during periods identified as having carbon monoxide concentrations potentially in excess of air quality standards. Directs the Administrator to promulgate guidelines allowing the use of marketable oxygen credits from fuels with higher oxygen contents than required to offset the sale or use of fuels with lower contents than required. Waives the oxygenated fuel requirement upon a demonstration that the use of such fuels would prevent or interfere with an area's attainment of a standard for any other air pollutant. Requires persons selling oxygenated fuel to label the fuel dispensing system accordingly. Sets forth requirements parallel to those for ozone nonattainment areas for: (1) permit programs and emissions offsets in Severe areas; (2) persons owning or operating more than 15 vehicles in such areas; and (3) funding for transportation planning. Provides for a $5 per vehicle annual registration fee in such areas. Makes registration revenues available to the State air pollution control agency for developing carbon monoxide emissions reduction strategies. Sets forth requirements parallel to those for ozone nonattainment areas for noncompliance procedures and State demonstrations. Provides for the implementation of an incentives program to reduce vehicle miles traveled in Severe areas if milestones or demonstration requirements have not been met. Provides for reclassification and plan revision procedures parallel to those required for Severe and Extreme ozone nonattainment areas. Title IV: Provisions Applicable to PM 10 Nonattainment Areas - Classifies PM 10 nonattainment areas as Serious or Severe. Sets forth attainment dates of four and eight years after this Act's enactment, respectively, for Serious and Severe areas. Directs the Administrator to publish PM 10 concentration milestones for Severe areas to require a 50 percent reduction in concentrations within four years of this Act's enactment. Sets forth requirements parallel to those for ozone and carbon monoxide nonattainment areas for: (1) State plan revisions, content, approval, and auditing; and (2) permit programs for Serious and Severe areas. Requires permits for the operation of: (1) certain existing sources in Severe areas; and (2) new, modified, and existing sources of PM 10 precursors where such emissions contribute significantly to PM 10 concentrations in nonattainment areas. Sets forth requirements parallel to those for ozone and carbon monoxide nonattainment areas for noncompliance, State demonstrations, reclassifications, and plan revisions. Allows States which have submitted plan revisions for Severe areas to apply for a two-year extension of the attainment date. Provides that three to one offset requirements shall not apply to areas granted such extensions. Waives any PM 10 requirements if determined that anthropogenic sources of PM 10 do not contribute significantly to the violation of the PM 10 standard in the area. Directs the Administrator to: (1) list all important categories of PM 10 emissions and precursors; and (2) publish biennial guidelines concerning the best available control technology for PM 10 emissions from stationary sources in the highest priority group. Requires the Administrator to promulgate regulations for PM 10 emissions reduction from existing diesel buses in Severe areas to require the use of lower polluting fuels. Requires State plans to include annual PM 10 emissions inventories to be submitted to the Administrator. Provides for revisions of such plans if air quality standards are modified. Requires plans to contain measures to improve the ambient monitoring of PM 10. Title V: Mobile Sources - Sets standards for emissions of hydrocarbons, oxides of nitrogen, carbon monoxide, and particulates from: (1) passenger cars and light duty trucks manufactured after 1991; and (2) heavy duty trucks and buses manufactured after 1990. Directs the Administrator to promulgate standards for vehicles using low-emissions fuel. Requires the Administrator to evaluate and, if necessary, revise such standards at least every four years. Directs the Administrator to establish a minimum percentage of new motor vehicles to be certified as low-emissions vehicles. Requires the Administrator to promulgate emissions standards for internal combustion engines used in any vehicle or machine manufactured after January 1, 1993. Requires such standards to be proportional to those for motor vehicle engines of comparable horsepower using the same fuel. Directs the Administrator to add an idle test to the Federal Test Procedure for emissions from light duty vehicles manufactured after 1991. Permits only ten percent of vehicles manufactured after 1990 in a selective enforcement audit to fail motor vehicle testing. Requires the Administrator to review and revise, as necessary, testing regulations to insure that vehicles are tested under circumstances reflecting actual current driving conditions. Requires each vehicle and engine to comply with the applicable emissions standard (Current law permits averaging). Provides that the useful life of vehicles and engines manufactured after 1994 shall be ten years or 100,000 miles. Makes technical amendments to prohibitions on tampering with vehicle emission control devices. Directs the Administrator to require the use of best available technology to control evaporative emissions from motor vehicles for a vehicle's useful life. Sets standards for emission of hydrocarbons, carbon monoxide, and evaporative hydrocarbons from motorcycles manufactured after 1991. Requires the installation of onboard emission diagnostic equipment on motor vehicles. Directs the Administrator to: (1) promulgate regulations to reduce evaporative emissions from motor vehicle fuels; and (2) establish a standard for gasoline volatility. Requires new light duty motor vehicles manufactured in the second year after standards are promulgated to be equipped with onboard evaporative emissions control systems. Provides for carbon monoxide emissions testing at 20 degrees Fahrenheit of passenger cars and light duty trucks manufactured after model year 1992. Sets emissions standards at such temperature. Title VI: Miscellaneous Provisions - Requires the Administrator to establish requirements to control air pollution from Outer Continental Shelf sources. Authorizes States adjacent to such sources to submit to the Administrator procedures for enforcing such requirements. Directs the Administrator to delegate enforcement authority to States with adequate procedures. Authorizes the Administrator to substitute maximum allowable increases in particulate matter smaller than or equal to ten micrometers (PM 10) for maximum allowable increases in such matter specified under the Clean Air Act. Authorizes the Administrator to: (1) treat Indian tribes as States under the Clean Air Act; (2) delegate to such tribes primary responsibility for assuring air pollution control; and (3) provide such tribes grant and contract assistance to carry out such functions. Outlines requirements for such authorization. Authorizes the Administrator to promulgate other means for administering such authorities where such treatment is inappropriate. Directs the Administrator to list nonattainment areas for air pollutants other than those covered by this Act when a new or revised air quality standard is promulgated. Applies the PM 10 standards, excepting attainment deadlines and provisions relating to diesel buses, to such areas. Requires the Administrator to make information regarding emissions control technology available to States and the public through a central database. Repeals provisions concerning enforcement orders and violations by owners or operators of major stationary sources. Requires States to submit plan revisions for nonattainment areas failing to meet attainment deadlines for air pollutants other than those covered by this Act. Requires new or modified sources of such pollutants to comply with provisions of this Act and applies an emissions offset ratio of three to one to such pollutants. Directs the Administrator to conduct biennial audits of motor vehicle inspection and maintenance programs in Severe or Extreme ozone or carbon monoxide nonattainment areas. Increases and expands the scope of penalties and violations of the Clean Air Act. Authorizes appropriations for FY 1990 through 1994.
United States · United States Congress · 11 May 1989
Small Day Care Center Assistance Act - Amends the Federal National Mortgage Association Charter Act and the Federal Home Loan Mortgage Corporation Act to define the term "mortgage" to include a mortgage secured by a one-to-four family residential property that is occupied as a residence and in which child care service is legally provided.
United States · United States Congress · 11 May 1989
Vocational Education Excellence Act of 1989 - Amends the Carl D. Perkins Vocational Education Act (the Act) to reauthorize and revise it programs. Authorizes appropriations for FY 1990 through 1994 for: (1) State administration of vocational education programs; (2) State councils on vocational education; (3) basic State grants; and (4) national programs. Revises allotment and allocation formulas for vocational education assistance to the States. Revises Indian vocational education programs and repeals programs for Hawaiian natives. Revises State organizational and planning responsibilities. Requires State plans to describe the performance standards to be used. Authorizes the Secretary of Education to establish minimum requirements for acceptable State performance standards which are consistent with comparable requirements under the Job Training Partnership Act. Changes the Federal share of the costs of specified activities and programs. Revises maintenance of effort provisions. Eliminates certain provisions relating to withholding of payments and judicial review. Revises provisions for Basic State Grants for vocational education, including the opportunities program and policy for general program improvement, innovation, and expansion. Requires States to use specified funds to meet the needs on the State plan for one or more of the following: (1) professional development and improve ment of vocational teachers, counselors, and administrators (including exchange programs with industry); (2) acquisition of instructional equipment and materials; and (3) curriculum development, field-testing of new or revised programs (for no more than three years), and dissemination. Allows State to use such funds to support activities jointly undertaken by eligible recipients and community-based organizations of demonstrated effectiveness. Repeals Special Programs provisions for: (1) State assistance for vocational education support programs by community-based organization; (2) consumer and homemaker education; (3) adult training, retraining, and employment development; (4) comprehensive career guidance and counseling programs; and (5) industry-education partnership for training in high-technology occupations. Revises national program provisions for: (1) research and evaluation; (2) demonstration programs; (3) the occupational information system; and (4) bilingual vocational training. Changes from mandatory to discretionary the Secretary's authority to conduct research on and evaluations of vocational education programs, activities, and trends. Repeals provisions for: (1) a national assessment of vocational education programs; and (2) the National Center for Research in Vocational Education. Directs the Secretary to establish and support one or more centers for research in vocational education. Repeals provisions for: (1) State equipment pools; (2) demonstration centers for the retraining of dislocated workers; and (3) model centers for vocational education for older individuals. Revises the Act and the General Education Provisions Act regarding a national vocational education data reporting and accounting system. Amends the Job Training Partnership Act, among other things, to rename the National Commission for Employment Policy as the National Commission on Employment and Vocational Education Policy. Amends the Omnibus Trade and Competitiveness Act of 1988 to repeal demonstration programs for education for employment for technological literacy. Amends the Smith-Hughes Vocational Education Act to terminate at the end of FY 1989 annual appropriations for grants to States to help pay the costs: (1) of preparation and salaries of teachers, supervisors, and directors of agricultural subjects and teachers of trade, home economics, and industrial subjects; and (2) of studies of vocational education. Makes conforming amendments to the Bilingual Education Act, the Education for Economic Security Act, and the Education of the Handicapped Act.
United States · United States Congress · 11 May 1989
Low-Income Housing Credit Act of 1989 - Amends the Internal Revenue Code to make permanent the low-income housing income tax credit (under current law the credit will expire after tax year 1989). Permits States a one-year carryover of unused credit authority. Assigns carryovers to the Secretary of Housing and Urban Development to allocate to eligible States applying for excess credit. Allows the credit only if an extended low-income housing commitment (beyond the current 15-year period) is in effect with respect to any building for the relevant taxable year. Describes procedures to effect transition to a non-low-income use in connection with such extensions. Permits the credit in connection with the acquisition of an existing building only if the taxpayer incurs rehabilitation expenditures of at least $3,000 per unit. Revises rent restrictions to: (1) declare unnecessary a required rent reduction below the initial rent if the median gross income of the area decreases; (2) permit higher rent if units are occupied by higher income individuals and the project has an operating deficit; (3) base income limitations on the number of bedrooms in a unit; and (4) use State median gross income in certain low-income housing status determinations. Broadens categories of existing buildings eligible for a waiver of the ten-year requirement for the low-income housing credit. Revises credit provisions relating to single-room occupancy units and special needs housing. Loosens restrictions that limit credit benefits in connection with buildings financed with tax-exempt bonds and below market loans. Permits the credit to be allocated: (1) on a project basis; and (2) in connection with owner-occupied buildings of four units or less if a development plan is submitted. Directs housing credit agencies to adopt plans for allocating credit amounts among projects, prohibiting the credit with respect to any building not included in such a plan. Modifies at-risk rules in connection with buildings subject to the historic rehabilitation credit and those associated with financing provided by certain nonprofit organizations. Sets the tax credit rate on a semiannual rather than monthly basis. Increases the credit in connection with buildings in high cost areas (low-income census tracts or difficult development areas).
United States · United States Congress · 11 May 1989
Amends the Internal Revenue Code with respect to the valuation of farmland for estate tax purposes to eliminate the limit on the reduction in fair market value of certain farmland if such land continues to be farmed for up to 30 years.
United States · United States Congress · 11 May 1989
Constitutional Amendment - Requires the Congress and the President, prior to each fiscal year, to agree on an estimate of total receipts (except those derived from borrowing) for that fiscal year by enactment of a joint single subject resolution. Prohibits outlays for that year (except those for repayment of debt principal) from exceeding this amount unless the Congress, by a three-fifths roll call vote of each House, authorizes a specific excess of outlays over receipts. Requires a three-fifths roll call vote of each House to increase the public debt. Directs the President to submit a balanced budget to the Congress. Requires the approval of a majority of the total membership of each House by roll call vote before any bill to increase revenue may become law. Waives these provisions when a declaration of war is in effect.
United States · United States Congress · 11 May 1989
Designates October 16, 1989, and October 16, 1990, as World Food Day.
United States · United States Congress · 10 May 1989
Expresses the sense of the Congress that: (1) India should schedule negotiations with Nepal as soon as possible to resolve the problems which led to the closing by India of the Nepalese-Indian border, immediately open such border, and resume the sale of Indian-refined petroleum products in Nepal; and (2) the Secretary of State should continue to monitor the dispute and provide regular briefings to the Congress on the effect of the dispute on U.S. interests in Nepal and the Indian subcontinent.
United States · United States Congress · 9 May 1989
Americans with Disabilities Act of 1989 - Title I: General Prohibition Against Discrimination - Declares that it shall be discriminatory, on the basis of disability, to deny opportunities or to afford them unequally, to provide opportunities less effectively (or differently or separately, unless necessary for effectiveness), to assist an organization or individual that discriminates, or to otherwise limit opportunities enjoyed by others. Prohibits the use of standards, criteria, or administrative methods that have the purpose or effect of discrimination or perpetuate discrimination. Declares it discriminatory to deny equal opportunities because of the relationship or association of an individual with another individual with a disability. Allows as a defense to a charge of discrimination that an application of standards or criteria has been demonstrated to be both necessary and substantially related to the ability of an individual to take advantage of the essential components of the opportunity, and that the taking advantage cannot be accomplished by reasonable accommodations, modifications, or the provision of auxiliary aids or services. Title II: Employment - Prohibits discrimination by any employer, employment agency, labor organization, or joint labor-management committee against any qualified individual with a disability in job application procedures, hiring or discharge, compensation, advancement, training, and other terms, conditions, and privileges of employment. Lists types of actions construed to be discrimination. Makes the remedies set forth in specified provisions of the Civil Rights Act of 1964 and other specified Federal law available to any individual who believes that he or she is being or is about to be subjected to discrimination in violation of this Act. Title III: Public Services - Declares that no qualified individual with a disability shall be excluded from the participation in, denied the benefits of, or subjected to discrimination by a State, or by an agency, political subdivision, or other instrumentality of a State. Lists types of actions deemed, for purposes of this Act and specified provisions of the Rehabilitation Act of 1973, to be discrimination with regard to public transportation. Makes the remedies and rights set forth in specified provisions of the Rehabilitation Act of 1973 available to any individual who believes that he or she is being or is about to be subjected to discrimination in violation of this Act. Title IV: Public Accommodations and Services Operated by Private Entities - Prohibits discrimination on the basis of disability in the enjoyment of any place of public accommodation. Lists types of actions construed to be discrimination. Prohibits discrimination on the basis of disability in public transportation services provided by a private entity that is primarily engaged in transporting people, but that is not in the principal business of air transportation. Lists types of actions construed to be discrimination. Makes specified provisions of the Fair Housing Act relating to enforcement available, subject to exception, to any aggrieved individual. Title V: Telecommunications Relay Services - Defines "telecommunications relay services" to mean services that enable simultaneous communication between individuals who use telecommunications devices for the deaf (TDDs) or other nonvoice terminal devices and individuals who do not use such devices. Declares it discriminatory for any common carrier that offers telephone services to the public to fail to provide interstate or intrastate telecommunication relay services that are equal to those provided to their customers who are able to use voice services, except in any State in which services are provided through an entity designated by the State. Declares it discrimination by a State that makes such a designation if the State fails to provide interstate or intrastate relay services that are equal to those provided to their voice customers. Makes specified provisions of the Fair Housing Act relating to enforcement available, subject to exception, to any aggrieved individual. Requires the Federal Communications Commission to enforce this title. Makes specified provisions of the Communications Act of 1934 apply with respect to the enforcement of this title. Provides for cease and desist orders by the Commission and for monetary penalties. Title VI: Miscellaneous Provisions - Prohibits retaliatory discrimination against any individual because of actions related to this Act. Declares that a State shall not be immune under the 11th Amendment to the Constitution from an action in Federal court for a violation of this Act. Requires the Architectural and Transportation Barriers Compliance Board to issue minimum guidelines to supplement the existing Minimum Guidelines and Requirements for Accessible Design. Allows the awarding of reasonable attorney's fees, in certain circumstances, in any action or proceeding under this Act.
United States · United States Congress · 9 May 1989
Limits assessments of underpayments with respect to taxable periods beginning before July 1, 1985, in connection with the annual $250 occupational tax on retail liquor and beer dealers. Abates assessments and refunds overpayments of any post-1987 tax.
United States · United States Congress · 4 May 1989
Amends the Agricultural Act of 1949 to exclude donations from the level of 1990 purchases necessary to trigger certain milk price reductions.
United States · United States Congress · 3 May 1989
Cable Consumer Protection Act of 1989 - Amends the Communications Act of 1934 to repeal certain limitations on the authority of a State or local government to regulate the rates for cable television service. Authorizes a State or franchising authority to require the alteration of rates following any change in service by a cable operator (such as the rearrangement of cable service tiers). Requires such State or franchising authority to issue a final decision on such an alteration of rates within 60 days of public notice and opportunity for hearing. Authorizes a State or franchising authority to prohibit the ownership or control of a cable system by a person because of such person's ownership or control of media of mass communications or other media interest, but limits the enforcement of such prohibition to either: (1) granting or denying a renewal of the franchise; or (2) granting or denying an application to transfer ownership or control of the cable system. Amends Federal copyright law with respect to compulsory licensing requirements for the secondary transmission by a State or local franchising authority of a primary transmission made by a broadcast station licensed by the Federal Communications Commission (FCC) to require cable system compliance with certain must-carry requirements. Provides that a cable system complies with the must-carry requirements if the FCC certifies that such cable system: (1) carries, as part of their basic tier of cable service, specified signals of television broadcast stations; and (2) carries each station on the cable channel on which it was carried on July 19, 1985, or on the channel number assigned to such station by the FCC, or on such other cable channel as may be acceptable to the television broadcast station.
United States · United States Congress · 3 May 1989
Oil Spill Resource Restoration Act - Requires the Commandant of the Coast Guard, in the case of a major spill on navigable water, the Secretary of the Interior, in the case of any other spill, and the Governor of the State in which the spill occurs to submit to the Administrator of the Environmental Protection Agency petitions for the initiation of an expedited damage assessment proceeding. Authorizes trustees and any persons affected by such spill to submit petitions to the Administrator. Directs the Administrator, upon receiving a petition, to immediately initiate an expedited assessment of the damages to natural resources caused by the spill. Requires the Administrator to issue an order making a finding whether the spill is a major spill and, upon finding that it is a major spill, to: (1) designate lead Federal and State trustees, based on which Federal and State trustees' natural resources are most likely to be severely affected by such spill; (2) establish a natural resources trustee commission to be composed of such trustees and the Administrator; and (3) direct the responsible parties to establish a trust fund which is accessible to such commission and in an amount adequate to pay costs incurred by the commission in conducting a full assessment of the damages to natural resources and preparing a restoration and replacement plan. Authorizes the Administrator to revise such order upon submission of a petition asserting that the amount deposited in the trust fund is insufficient to carry out a full damage assessment. Requires the commission to present a final claim to the responsible parties for the cost of repairing and replacing natural resources damaged by a spill. Authorizes the Commission to amend such claim upon receiving new information regarding the nature or extent of damages or destruction caused by such spill. Requires the responsible parties to deposit the final claim amount into the trust fund. Terminates the commission on a finding that natural resources were not significantly destroyed or damaged or that such resources have been restored to the extent practicable. Provides for automatic termination of the commission six years after the commission presents its final claim unless the commission finds specific reason to continue assessment and oversight functions. Provides for judicial review of any order, final claim, or termination of the commission pursuant to this Act. Creates a rebuttable presumption that such orders and final claims shall be valid unless proven to be arbitrary, capricious, or otherwise not in accordance with law. Makes responsible parties who fail to meet the requirements of this Act liable for specified punitive damages. Amends the Internal Revenue Code to disallow any income tax deduction for oil or hazardous substances cleanup costs, including related legal expenses, unless: (1) the Secretary of the Treasury receives certification from the relevant authority that the taxpayer has made a good faith effort to comply with specified Federal environmental law; or (2) the discharge was caused by an act of God, an act of war, negligence on the part of the U.S. Government, or an act or omission of a third party.