United States · United States Congress · 29 June 1989
Directs the American Battle Monuments Commission to establish a memorial on Federal land in the District of Columbia or its immediate area to honor World War II veterans and to commemorate U.S. participation in that conflict. Directs the Commission to plan, design, construct, and oversee the operation of the memorial. Specifies that such design shall provide for accessibility by, and accommodations for, the physically handicapped. Establishes the World War II Memorial Advisory Board to: (1) promote the establishment of the memorial and encourage the donation of private funds for construction maintenance; (2) assist and cooperate with the Commission in the selection of the site and design for the memorial; and (3) transmit annual reports on its activities to the Congress. Authorizes the Commission to solicit private contributions for such memorial. Establishes a fund in the Treasury which shall be made available to the Commission to carry out this Act. Authorizes Federal funding, in addition to such private funds, for site preparation, design, planning, establishment, construction, maintenance, and operation of the memorial. Authorizes assistance from specified Federal departments and agencies, including the Library of Congress. Authorizes Federal property to be transferred to the Commission. Authorizes the Commission to purchase suitable property within the District of Columbia for the establishment of such memorial. Urges the Government to encourage 50th anniversary commemorations of the U.S. role in World War II. Urges the Smithsonian Institution and other Federal museums to develop commemorative exhibitions to be shared with academic institutions.
United States · United States Congress · 29 June 1989
Amends the Atlantic Tunas Convention Act to provide for the qualifications of Commissioners under the Convention. Makes the qualifications inapplicable to reappointment of Commissioners serving on the date of enactment of this Act. Sets the term of office of Commissioners at three years and limits any individual to two consecutive terms. Excludes from consideration the current term, at enactment of this Act, of any Commissioner in determining eligibility for reappointment. Terminates, on January 1, 1990, the term of each Commissioner who is serving at the time of enactment of this Act. Directs the President, by that date, to complete appointment or reappointment of Commissioners to serve on and after that date. Directs the Secretary of State to pay the necessary travel expenses of U.S. Commissioners, Alternate U.S. Commissioners, and authorized advisors in accordance with the Federal Travel Regulations and specified provisions of Federal law. Authorizes the Secretary of Commerce to reimburse the Secretary of State for such payments. Replaces provisions requiring, on approval of the U.S. Commissioners, payment of actual travel expenses and per diem to members of the advisory committee with provisions authorizing the Secretary of Commerce and the Secretary of State to pay the necessary travel expenses of advisory committee members in accordance with such Regulations and such laws. Authorizes appropriations for FY 1989 through 1992 to carry out the Act.
United States · United States Congress · 29 June 1989
Provides for the awarding of the Purple Heart to former prisoners of war held captive before April 25, 1962, on the same basis at it may be awarded former prisoners of war captured on or after such date.
United States · United States Congress · 23 June 1989
Designates September 1989 as National Minority Health Awareness Month. Directs the Secretary of Health and Human Services to: (1) make publicly available information on minority health problems and minority health professionals' careers and contributions; and (2) present public service announcements on health promotion and disease prevention among minority Americans.
United States · United States Congress · 22 June 1989
Computer Software Rental Amendments Act of 1989 - Amends Federal copyright law to prohibit the person in possession of a computer software program from renting, leasing, or lending it for direct or indirect commercial advantage unless authorized to do so by the copyright owner (or licensee). Directs the Register of Copyrights to report to the Congress whether this Act has achieved its purpose of maintaining the integrity of the copyright system while providing nonprofit libraries the capability to fulfill their function. Grants remedies for copyright infringement in cases of violations of this Act.
United States · United States Congress · 21 June 1989
Stratospheric Ozone Protection Act of 1989 - Amends the Clean Air Act to list as class I and II substances which are known or may reasonably be anticipated to contribute to stratospheric ozone depletion. Authorizes any person to petition the Administrator of the Environmental Protection Agency (EPA) to add a chemical to such lists. Requires the Administrator to: (1) add to the class I list any substance having an ozone depletion potential greater than .15; (2) add to the class II list any substance having a significant ozone depletion potential; and (3) assign each listed substance a numerical ozone depletion potential factor, based upon a comparison with chlorofluorocarbon-11. Directs producers and importers of such substances to report annually to the Administrator on the production or import levels of such substances. Makes it unlawful to produce such substances in an amount greater than 1986 levels effective 180 days after enactment of this Act. Requires a further reduction by July 1, 1993, and makes it unlawful, effective July 1, 1996, to produce such substances for other than medical purposes. Authorizes the Administrator to promulgate rules under which persons may produce such substances in annual quantities greater than those specified under this Act if such persons obtain the rights to such production from other persons who will be subject to enforceable reductions in such substances which: (1) exceed the reduction otherwise required; (2) are greater than the annual production increase; and (3) would not have occurred in the absence of such transaction. Makes it unlawful to produce any listed substance which yields an ozone depletion potential greater than the 1986 depletion level. Requires the Administrator to promulgate regulations requiring a 95 percent reduction in ozone depletion potential of such substances by 1997. Provides that if the Administrator fails to promulgate such regulations, it shall be unlawful, effective July 1, 1997, to produce such substances in annual quantities yielding ozone depletion potentials greater than five percent of the 1986 depletion level. Directs the Administrator to promulgate regulations requiring producers of such substances to reduce production more rapidly if the accelerated schedule is necessary to protect human health and the environment or if the reduction is attainable, based on the availability of substitutes for such substances. Prohibits the importation of such substances or products using such substances, unless the exporting nation has an equivalent or more stringent production reduction program. Requires the Administrator to certify national programs, such certification to be reviewed annually. Equates imports with production when determining a manufacturer's required reductions. Directs the President to prohibit: (1) the export of technologies to produce class I substances; and (2) investment in facilities for producing such substances in nations which are not certified. Requires the Administrator to: (1) review sources containing information on potential chemicals or product substitutes and alternative manufacturing processes as replacements for class I substances; (2) report such findings to the Congress; (3) require producers to provide the EPA with their unpublished health and safety studies on chemical substitutes for such substances and notify the EPA before existing chemicals are put to significant new uses as chlorofluorocarbon and halon substitutes; and (4) annually update such review and, two years after this Act's enactment, include class II substances in such review. Directs the Administrator to promulgate rules applicable to replacements for such substances to require that processes and products that reduce overall risks to public health and the environment are used. Requires the Administrator to publish a list of prohibited substitutes and safe alternatives. Authorizes any person to petition the Administrator to add or remove a substance from such list. Makes it unlawful, after 1992, to manufacture or import any household or commercial appliance containing such substances unless such appliances have apertures that allow the removal of such substances without loss into the atmosphere. Prohibits, after 1990, the introduction of such substances into interstate commerce in pressurized containers weighing less than 15 pounds. Requires the Administrator to promulgate regulations requiring the maximum feasible reductions in the use of class I substances, including measures to: (1) recover and recycle such substances in manufacturing processes and prior to disposal of products containing such substances; (2) increase the efficiency of the use of such substances; (3) provide for the use of safe alternatives; (4) achieve reductions of at least 50 percent in the use of class I substances for servicing and repairs of household and commercial appliances and in the manufacture of products in which such substances are used as solvents or blowing agents; and (5) achieve reductions, without reduced fire safety, in releases associated with discharges of such substances from fire prevention or extinguishing equipment. Prohibits business establishments from performing services on motor vehicle air conditioners involving refrigerants, unless approved refrigerant recycling equipment is used and persons performing such services have been properly trained and certified. Applies such requirement three years after this Act's enactment to establishments which performed service on fewer than 100 air conditioners during 1990. Requires such establishments to certify to the Administrator that they meet such requirements or serviced fewer than 100 air conditioners during 1990. Requires containers of listed substances to bear labels stating that such substances harm public health and the environment by destroying the ozone layer and disrupting the climate.
United States · United States Congress · 21 June 1989
Emergency Chinese Adjustment of Status Facilitation Act of 1989 - Waives the two-year home country residence requirement for nationals of the People's Republic of China in the United States on a student (J) visa. Continues the legal status of nonimmigrant nationals of the People's Republic of China in the United States for adjustment or change of status purposes.
United States · United States Congress · 20 June 1989
Prohibits the Secretary of Health and Human Services from denying Medicaid (title XIX of the Social Security Act) coverage of daytime habilitation services for persons with mental retardation or related conditions pursuant to a State plan amendment approved before June 2, 1989, until the Secretary promulgates final regulations delineating the types of daytime habilitation services that may be covered and any specific requirements regarding such coverage. Permits States that have such an amendment to transfer coverage of such services to coverage under a Medicaid home and community-based waiver program.
United States · United States Congress · 15 June 1989
National American Indian Museum Act - Establishes within the Smithsonian Institution a memorial to Native Americans to be known as the National Museum of the American Indian, to provide for the study, research, collection, and exhibition of Native Americans and their culture. Designates specified areas in the District of Columbia and New York City as the sites of facilities for the Museum. Requires establishment of a facility for the conservation and storage of Museum collections at the Museum Support Center in Suitland, Maryland. Authorizes the Smithsonian to: (1) provide for the transfer of certain assets of the Heye Foundation for the benefit and use of the Museum; (2) construct such facilities; (3) provide for acquisition of Native American objects and artifacts from museums or private collections; and (4) maintain or loan objects and artifacts in the Museum collection. Establishes the Board of Trustees of the Museum. Directs the Board to: (1) recommend annual budgets for the Museum; and (2) assist the Board of Regents on matters relating to the Museum. Grants the Trustees sole authority to: (1) dispose of and acquire additional Museum property; and (2) establish policy with respect to the utilization of the Museum's collections. Grants the Trustees authority to: (1) establish policy with respect to the restoration, preservation, and maintenance of Museum collections; (2) solicit funds for the Museum; (3) approve expenditures from the Museum's endowment; (4) advise the Museum's Director; (5) provide for the exhibition of Native American objects and artifacts; and (6) conduct research and evaluation and educational programs with respect to the Museum collections. Requires the Trustees to submit annual reports to the Board of Regents and the Congress. Requires the Foundation's employees serving at the time of the transfer to be offered employment by the Smithsonian. Directs the Board of Regents to: (1) loan artifacts and objects from the Smithsonian Institution traveling exhibit service to the Heye Foundation's successor; and (2) provide training and assistance to such successor to maintain and operate exhibits and a museum facility at Audubon Terrace, New York, New York. Directs the Board, in providing such services, to require such successor to: (1) designate a specified area for exhibit space; (2) ensure physical suitability of such space for exhibition of traveling collections; and (3) make an effort to coordinate exhibits. Authorizes the Board to enter into agreements with museums, educational institutions, and cultural organizations to: (1) loan Native American artifacts and objects from the Museum collection; (2) sponsor and coordinate traveling exhibitions; and (3) provide technical assistance. Directs the Board to enter into an agreement with the Secretary of the Interior to insure that certain museums have an opportunity to participate in such programs. Directs the Board to: (1) identify the geographic and tribal origins of the skeletal remains of Indians and associated grave offerings in the Smithsonian; (2) conduct a study and make recommendations on how to implement a policy of returning or repatriating such skeletal remains and associated grave offerings according to tribal custom; (3) consult with traditional Indian religious leaders in making such recommendations; and (4) report to the Congress within three years of this Act's enactment on the identity of such skeletal remains and associated grave offerings and the findings and recommendations of such study. Directs the Secretary to make grants available for assisting Indian tribes in such repatriation. Authorizes appropriations.
United States · United States Congress · 14 June 1989
Title I: General Provisions - Coastal Defense Initiative of 1989 - Sets forth congressional findings and definitions. Title II: Coastal Water Quality - Directs the Administrator of the Environmental Protection Agency to promulgate numeric water quality standards for pollutants for which certain information has been published under the Clean Water Act. Requires such criteria to ensure the protection of public health and wildlife habitats, the propagation of a balanced, indigenous population of fish, shellfish, and wildlife, and recreation in and on coastal waters. Provides for the promulgation of additional criteria for pollutants which contribute to the degradation of coastal water quality. Provides that State criteria that are more protective of human health or the environment shall take precedence over national criteria. Authorizes Governors of coastal States to petition the Administrator to establish less stringent criteria if demonstrated that such criteria will achieve the designated uses of the water body and are justified because of the physical, chemical, or biological characteristics of such water. Requires the Administrator to grant such petitions if the proposed criteria will achieve the same level of protection as the national criteria. Authorizes any person to petition the Administrator to develop criteria for a pollutant. Directs the Administrator to develop and publish criteria and information on: (1) sediment quality for coastal waters; (2) marine and estuarine biological integrity; and (3) such other indices determined to complement the criteria published under the Clean Water Act. Requires Governors of coastal States to identify coastal waters: (1) for which applicable water quality standards cannot reasonably be anticipated to be achieved or maintained; and (2) which are currently achieving such standards but are threatened by foreseeable increases in pollution loadings from new or expanding sources. Directs such Governors, acting through State water pollution control authorities, to develop individual control strategies to: (1) identify the principal sources of pollutants from point and nonpoint sources; (2) establish the total maximum daily load of pollutants determined to contribute to the failure of waters to achieve or maintain water quality standards; (3) allocate among such sources the necessary reductions in loadings to achieve and maintain such standards and provide an implementation schedule for achieving such reductions; and (4) provide for a system for allocating and exchanging discharge credits and pollution offsets. Requires such control strategies to be submitted triennially to the Administrator for approval. Directs Governors to certify that permit renewals for point sources and land use activities in coastal zones are consistent with strategy requirements. Requires Governors of coastal States or the Administrator to designate outstanding coastal resource waters with particular ecological, recreational, or esthetic value, taking into account fisheries and shellfish resources, habitat, and recreational uses. Provides for petitioning and appeals of such designations. Directs such Governors to revise the continuing planning process to ensure that water quality and ecological integrity of State coastal waters will be maintained and protected. Amends the Clean Water Act to prohibit the issuance or renewal of permits for discharges into certain estuaries, outstanding resource waters designated under this Act, the territorial sea, or the exclusive economic zone unless the Administrator or a State determines that: (1) the need for the discharge and the lack of reasonable alternatives; and (2) that the discharge will not inhibit the protection of public health and wildlife habitat, the propagation of a balanced, indigenous population of fish, shellfish, and wildlife, or recreation in and on the water. Authorizes State Governors to request the Secretary of the department in which the Coast Guard is operating to enter into a cooperative agreement to permit a State or its political subdivision to enforce requirements for marine sanitation devices. Requires such agreements to authorize States or political subdivisions to assess and retain required penalties. Increase the amount of appropriations authorized to be appropriated for the National Estuary Program. Title III: Coastal Management - Amends the Coastal Zone Management Act of 1972 to require State agencies designated to carry out approved coastal zone management plans to submit coastal water quality protection plans to the Secretary of Commerce for approval. Sets forth provisions for plan approval and resubmission of disapproved plans. Limits Federal assistance to States that fail to submit plans. Authorizes the Secretary to approve plans that: (1) identify major land uses which may cause or contribute significantly to violations of marine water quality standards or impair existing uses of such waters; (2) establish and periodically revise model ordinances and regulations for use by State and local authorities for encouraging best land use management practices for preventing or reducing coastal water pollution; (3) encourage and assist local governments in implementing such ordinances; (4) contain enforceable review and certification policies; (5) establish a schedule of pollution reduction goals; (6) improve coordination between State and local agencies and officials for land use planning and permitting, water quality permitting and enforcement, and public health and safety; and (7) modify State boundaries as necessary to manage such activities. Applies such plans to coastal areas in which marine water quality standards are not being achieved, or are being met but are identified as threatened. Requires the Under Secretary for Oceans and Atmosphere to provide technical assistance to States and local governments in developing and implementing such plans. Directs the Administrator to review the inland coastal zone boundary of each State program to evaluate whether such boundary extends inland to the extent necessary to control land and water uses having a significant impact on State coastal waters. Requires the Administrator to recommend appropriate boundary modifications to the Secretary and the State if such modifications are necessary to manage better land and water uses and to protect water quality. Directs the Secretary, to promote coordination between the National Estuary Program and the Coastal Zone Management Program, to issue regulations governing the incorporation of Comprehensive Conservation and Management Plans under the Clean Water Act into State management programs under the Coastal Zone Management Act. Requires State agencies responsible for administering coastal zone management programs to designate representatives for each management conference convened under the Clean Water Act that includes coastal lands and waters. Deems Comprehensive Conservation and Management Plans in compliance with regulations under this title to be approved as components of a State's coastal zone management program. Title IV: National Coastal Monitoring Program - Establishes a National Coastal Environmental Monitoring Task Force. Requires the Task Force to establish uniform protocols to: (1) assess long-term conditions and trends; (2) assist in the development of regulatory programs to restore and protect coastal water quality; and (3) assess the effectiveness of coastal protection programs. Provides for the periodic review of such protocols. Requires the Task Force to authorize regional monitoring teams to develop regional coastal environmental monitoring plans to: (1) identify the current environmental conditions of coastal waters; (2) establish a sound technical basis for coastal environmental management decisionmaking; (3) incorporate standardized methods for sampling, analysis, and data management; (4) make better use of funds available for such monitoring; and (5) involve the public as full participants. Directs the Task Force to publish criteria for selecting coastal regions that may be eligible for the development of regional programs. Requires the Task Force to designate such regions and teams. Sets forth plan requirements and approval and modification procedures. Authorizes the Under Secretary to develop the plan if a regional team fails to do so. Incorporates monitoring requirements into: (1) the Marine Protection, Research, and Sanctuaries Act of 1972; (2) approved State coastal zone management plans; and (3) appropriate discharge permits. Establishes within the National Oceanic and Atmospheric Administration the National Coastal Monitoring Data Center. Requires the Under Secretary to examine existing Federal and State monitoring data management systems and issue guidance for the development of compatible systems. Makes available to the public all data maintained at the Center. Title V: Compliance and Enforcement - Directs the Administrator to provide to Federal agencies a list of persons discharging pollutants into coastal waters who have been found to be: (1) in significant noncompliance with discharge permits issued pursuant to the Clean Water Act; or (2) in violation of requirements established in management programs or conferences pursuant to such Act. Provides for the semiannual revision of such list. Prohibits Federal agencies from contracting with such persons for the procurement of goods, materials, or services if the contract is to be performed at any facility owned, leased, or operated by such persons. Prohibits Federal agencies from approving any project or awarding any grant for an activity that may adversely affect coastal water quality or coastal land and water use to any coastal State found to have: (1) demonstrated a pattern of continuing failure to achieve and maintain applicable marine water quality standards; or (2) failed to implement and enforce an approved comprehensive estuary management plan pursuant to the Clean Water Act. Waives sovereign immunity for purposes of enforcing any requirement of this Act or the Clean Water Act against any Federal agency discharging pollutants into coastal waters. Authorizes the Administrator to commence an administrative enforcement action against any executive department to enforce this Act. Requires Federal agencies which own or operate facilities that discharge into coastal waters (and that would otherwise qualify as major dischargers) to submit to the Administrator plans to carry out environmental audits of such facilities and to correct any incident of noncompliance with requirements of this Act or the Clean Water Act. Provides for biannual audits during the first year of plan implementation and periodically thereafter as determined by the Administrator. Requires industrial facilities found to be in significant noncompliance with a discharge permit to conduct such audits on a quarterly basis until the condition giving rise to the finding has been corrected and the facility is no longer in violation of applicable requirements. Directs major dischargers to provide certifications by environmental auditors prior to renewal of a discharge permit. Requires audits to be conducted by independent auditors unless the Administrator determines that the permittee has an internal auditing program consistent with applicable regulations. Directs the Administrator to: (1) issue regulations on such auditing and guidance for certification procedures; (2) convene a forum of interested professional organizations to identify eligibility requirements for certification and continuing education of such auditors; and (3) publish a list of auditors qualified to meet such guidelines. Permits dischargers, upon the development of a program consistent with such guidelines by a State, to select an auditor from the State list. Requires penalties assessed against dischargers under the Clean Water Act to be no less than an amount that eliminates economic benefit or savings that may have accrued to such person as a result of the violation. Makes a conforming amendment to the Marine Protection, Research, and Sanctuaries Act of 1972. Requires States having coastal waters that do not meet applicable water quality standards to post and maintain signs at each place of public access to such waters indicating the standards such water body does not meet. Deems violations of this Act to be violations of title I of the Marine Protection, Research, and Sanctuaries Act. Title VI: Funding - Establishes the Coastal Defense Fund (Fund). Directs the Administrator and the Under Secretary to make grants from the Fund to coastal States that: (1) establish their own coastal resources protection fund into which such grants will be deposited; (2) agree to deposit into such fund all receipts from coastal effluent charge systems; (3) agree to make grants and other expenditures from such funds; and (4) agree to undertake periodic accounting and reporting procedures. Outlines specific criteria to be considered by the Administrator and the Under Secretary in determining grant amounts. Allocates Fund moneys. Requires the Administrator to establish a National Coastal Effluent Charge System to: (1) provide economic incentives to coastal dischargers to eliminate or reduce the volume or toxicity of effluents; (2) raise $100,000,000 for the Fund; and (3) supplement existing public funding for Federal, State, and local coastal environmental quality programs. Directs the Administrator to establish a schedule of charges to be assessed annually against each coastal discharger. Establishes minimum and maximum amounts to be paid. Provides for a special hardship exemption under specified conditions. Sets forth deadlines for the assessments of such charges by the Administrator and States. Authorizes a coastal State to petition the Administrator for exemptions to the national charge system if such State currently requires fees similar in scope and purpose to the national system. Directs significant industrial users of publicly owned treatment works to pay annual charges based on pollutants authorized to be introduced into such works as determined by the Administrator's schedule of charges. Requires municipal authorities to retain charges paid by such users to implement and enforce requirements under this Act, the Clean Water Act, and the Coastal Zone Management Act of 1972. Bases initial charges on relevant variables in the discharge permit. Provides for modifications of such charges at the time of permit renewal. Amends the Outer Continental Shelf Lands Act Amendments of 1978 to authorize transfers from the Offshore Oil Pollution Compensation Fund to the Fund. Removes an upper limit placed on the Offshore Oil Pollution Compensation Fund. Amends the Coastal Zone Management Act to provide for the deposit into the Fund of certain unobligated funds and loan payments. Credits the following to the Fund: (1) certain penalties, fines, and other payments assessed under the Clean Water Act and the Marine Protection, Research, and Sanctuaries Act; and (2) specified Outer Continental Shelf revenues.
United States · United States Congress · 14 June 1989
Prohibits the expenditure of funds available to the Central Intelligence Agency, the Department of Defense, the National Security Council or its staff, or any other Government entity involved in intelligence activities to influence the 1990 presidential, legislative, or local elections in Nicaragua. Includes as specifically prohibited activities the provision of funds to: (1) any Nicaraguan political party or any other organization or individual involved in electoral activities in Nicaragua; or (2) any medium of communication in Nicaragua.
United States · United States Congress · 13 June 1989
Urges the administration to refrain from submitting any proposal to include maritime transportation in the forthcoming General Agreement on Tariffs and Trade (GATT) discussions regarding trade in services industries and to oppose any proposals by foreign nations which are similar or which could result in a contraction of the U.S.-flag merchant marine.
United States · United States Congress · 8 June 1989
Air Toxics Control Act of 1989 - Amends the Clean Air Act to establish a list of hazardous air pollutants. Permits any person to petition the Administrator of the Environmental Protection Agency for additions to or deletions from such list. Requires the presentation of adequate data concerning health or environmental effects for such additions or deletions. Prohibits air pollutants for which national air quality standards have been established, with specified exceptions, from being added to such list. Directs the Administrator to review and revise such list at least every five years. Requires the Administrator to list and establish emissions standards for categories of major emitting facilities. Establishes a timetable for the promulgation of such standards, requiring standards for all categories within eight years of this Act's enactment. Directs the Administrator to review and, if necessary, revise such standards at least every five years. Requires the Administrator, within four years of promulgating standards for a category, to evaluate risks to human health and the environment remaining after application of such standards. Provides for revisions of such standards for carcinogens or other pollutants not meeting emissions thresholds. Authorizes the Administrator to promulgate design, equipment, work practice, and operation standards for major emitting facilities under this Act. Directs the Administrator to promulgate such standards when it is infeasible to establish a numerical emission limitation standard for any category. Requires such standards to: (1) achieve reductions comparable to numerical emission limitations under this Act; (2) include leak prevention, detection, and correction requirements unless the Administrator finds such requirements infeasible or unnecessary; (3) require owners or operators of major emitting facilities to carry out annual safety inspections to locate leaks and unpermitted releases and to report the results of such inspections to the permitting authority; and (4) include procedures for monitoring or measuring emissions and for demonstrating compliance with such requirements. Authorizes the Administrator to establish a de minimis level for emissions from categories of facilities under this Act, provided that such level does not exceed 10 tons annually for any single hazardous air pollutant or 25 tons annually for a combination of such pollutants. Makes it unlawful to construct or modify a major emitting facility or to emit any pollutant subject to this Act's standards, except in compliance with a permit. Outlines the requirements of the permit program. Limits permits to five-year periods. Requires inspections of facilities for permit issuances or renewals. Authorizes the issuance of a temporary permit if a facility owner or operator certifies that the facility is in compliance with applicable standards. Requires the permitting authority to review and inspect such facility to determine whether a full permit should be issued. Requires compliance with standards by existing facilities within three years of the promulgation or revision of such standards. Exempts facilities from standards for carcinogens or nonthreshold air pollutants if a permit contains alternative emission limitations which will prevent adverse health or environmental effects. Grants extensions for permit compliance to existing facilities under specified conditions. Authorizes the President to exempt any facility from any standards for up to two years if the technology to implement such standards is unavailable and the operation of the facility is required for national security reasons. Authorizes additional two-year extensions of such exemptions. Requires the President to report to the Congress with respect to each exemption or extension. Allows exemptions from emission standards for facilities which achieved reductions of at least 95 percent from uncontrolled emissions of a hazardous air pollutant prior to proposal of the standard. Directs the Administrator to conduct an urban pollution research program to include: (1) ambient monitoring for a broad range of hazardous air pollutants in a representative number of urban locations; (2) analysis to characterize the area sources of such pollution and the health risks posed by such pollutants; and (3) consideration of factors which elevate such health risks. Requires State air pollution agencies which receive Federal grants and have responsibility for metropolitan areas with populations over 250,000 to establish monitoring programs to measure the concentrations of hazardous air pollutants. Directs the Administrator to list and promulgate emissions standards for categories of area sources of hazardous air pollutants. Establishes a timetable for the promulgation of such standards, requiring standards for all categories within eight years of this Act's enactment. Requires the Administrator to review and, if necessary, revise such standards at least every five years. Authorizes States to submit to the Administrator for approval programs for the implementation and enforcement of permits or standards concerning areas sources. Permits the transfer of the Administrator's enforcement authorities to a State. Requires the Administrator to publish guidance for use in program development. Sets forth provisions regarding approval of such programs. Requires the Administrator to review State programs at least every two years and to withdraw approval of any program if determined that a State is not administering or enforcing such program. Authorizes the Administrator to make grants to States for program development. Requires the Administrator to: (1) investigate the sources of atmospheric deposition of hazardous air pollutants on the Great Lakes and tributary waters and evaluate the adverse human health and environmental effects of such deposition; (2) report the results of such investigation to the Congress; and (3) promulgate further emissions standards or control measures necessary to prevent the effects of such deposition. Directs the Administrator to report to the Congress on the implementation of certain requirements under this Act and to maintain a database on pollutants and sources subject to provisions of this Act. Requires such report to identify specific metropolitan areas which experience high risks to human health as the result of hazardous air pollutant emissions and the sources of such emissions. Makes available to the public any information submitted to a permitting authority. Directs the Administrator to establish and maintain an air toxics clearinghouse, control technology center, and risk information center to provide technical assistance and information to States, local agencies, and the public on emissions reduction. Requires the Administrator to review and, if necessary, revise risk evaluation guidelines at least every five years. Require such evaluations to evaluate direct and indirect exposure pathways. Directs the Administrator to establish standards and procedures for the certification of persons preparing such evaluations. Requires the Administrator to publish a list of air pollutants which: (1) are emitted by motor vehicles into the ambient air or into the interior of a motor vehicle; and (2) cause or contribute to air pollution which may result in serious adverse effects to human health or the environment. Sets forth the same petitioning, review, revision, and risk evaluation procedures as those applicable to major emitting facilities. Establishes diesel particulates emissions standards for: (1) passenger vehicles and light trucks manufactured after 1991; and (2) heavy trucks and buses manufactured after 1990. Makes it unlawful, on the later of one year after this Act's enactment or January 1, 1991, to sell or introduce into commerce any leaded gasoline for use as a motor vehicle fuel. Requires the Administrator to promulgate regulations for the reduction of particulates from existing diesel buses. Permits requirements for municipal transit buses to be more stringent than those applicable to other buses. Directs the Administrator to list at least 100 substances which, as the result of an accidental release, may cause adverse human health or environmental effects. Treats liquids and gases identified by the Secretary of Transportation as toxic by inhalation as listed under this section if the Administrator fails to list 100 substances by the required deadline. Requires the Administrator to review substances which are not on such list but are listed under the Emergency Planning and Community Right-to-Know Act of 1986, this Act, and the list identified by the Secretary for possible additions to the list. Provides for petitioning and modification of such list, as appropriate. Requires the Administrator to update such list at least every five years. Directs the Administrator to: (1) establish de minimis quantities of listed substances; and (2) promulgate regulations to provide for prevention and detection of accidental releases of such substances from covered facilities and for response to such releases by owners or operators of such facilities. Requires such regulations to include monitoring, inspection, recordkeeping, storage, design, equipment, work practice, and operational requirements. Directs owners or operators of such facilities to implement risk management plans to detect and prevent or minimize accidental releases. Requires such plans to include hazard assessments, prevention programs, and response measures. Directs the Administrator to promulgate guidelines to assist in the preparation of such plans. Sets forth compliance and enforcement provisions. Requires the President to establish within the EPA an independent Chemical Safety and Hazard Investigation Board to: (1) investigate and report on accidental chemical releases; (2) propose corrective safety steps for chemical facilities; and (3) promulgate requirements for the reporting of such releases. Authorizes the Board to hold hearings, secure written reports from persons handling chemicals, obtain autopsy reports, and conduct inspections of any facility where an accidental release has occurred. Makes information obtained by the Board, with the exception of information concerning trade secrets, available to the public. Directs the Administrator to set forth reasons for any refusal to implement a recommendation of the Board. Requires the Board to report annually to the Congress on recommendations submitted to the Administrator regarding accidental releases. Authorizes appropriations. Repeals certain provisions of the Clean Air Act concerning the revision of stationary source regulations. Increases penalties for specified violations of such Act.
United States · United States Congress · 8 June 1989
Hazardous Materials Transportation Act Amendments of 1989 - Amends the Hazardous Materials Transportation Act (the Act) to require the Secretary of Transportation to issue regulations requiring any generator of a shipment of hazardous materials to transmit a manifest of its contents and the license plate or other identifying number of the carrier to the central reporting system and data center. Requires the Secretary to enter into a contract under which a private entity shall establish a central reporting system and data center to provide law enforcement and firefighting personnel with information and advice on dealing with emergencies connected with the transportation of hazardous materials (currently the Secretary is required to establish and maintain such a system and data center). Prohibits the appropriation of Federal funds for such system and data center. Permits the private entity to impose a fee for manifesting such a shipment if the generator is a Federal agency. Directs the Secretary to study the flow of hazardous materials in the United States. Requires the Secretary, in collaboration with the private entity, to report the results of such study to the Congress. Increases both civil and criminal penalties for violations under the Act. Sets forth specified terms and conditions with respect to the private entity's establishment and maintenance of the reporting system and data center.
United States · United States Congress · 7 June 1989
Amends the Immigration and Nationality Act to permit certain battered alien spouses to apply for permanent residence without filing a joint petition (and interview) with the citizen spouse. Requires such an alien spouse to demonstrate: (1) that the marriage was entered into with good faith; and (2) evidence of physical abuse or extreme mental cruelty.
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 · 25 May 1989
Consumer Seafood Safety Act of 1989 - Directs the President to establish a seafood program for all fish products sold in interstate commerce. Requires the program to include mandatory inspection, Federal standards, enforcement, research priorities, and national education programs. Requires the program to be consistent with existing Federal and State programs. Declares that nothing in this Act preempts or supersedes any program relating to fish product promotion under existing Federal or State law. Directs the President to encourage technical arrangements with foreign nations to ensure mutual acceptance of standards and inspection services. Authorizes appropriations for FY 1990 through 1993.
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
Prohibits a senior civilian official of the Department of Defense (DOD), a general officer, or a Navy flag officer from accepting compensation from a defense contractor for two years after such person's separation or release. Defines a senior civilian official of DOD as a civilian officer or employee serving in a position for which the rate of pay is greater than or equal to the rate of pay for a position in the Senior Executive Service. Makes applicable current Federal provisions that: (1) set forth civil penalties for the violation of such prohibition; and (2) allow a person who may fall under such prohibition to request the appropriate official for advice as to the applicability of such prohibition to his or her situation.
United States · United States Congress · 18 May 1989
International Plutonium Control Act - Urges the President to seek negotiations with the Soviet Union on a verifiable agreement to end the production by both countries of plutonium and highly enriched uranium for weapons purposes. Expresses the sense of the Congress that the United States and the Soviet Union should: (1) establish verification arrangements to monitor the cessation of activities under this Act, including mutual inspections of production reactors, chemical separation and uranium enrichment facilities, and isotope separation plants; (2) furnish the equipment and personnel to implement safeguards at civilian nuclear facilities and consider transferring the safeguards mission to the International Atomic Energy Agency; and (3) consider increasing their respective contributions to the Agency to fund the assignment of fully trained inspectors to each country to assume additional safeguards responsibilities at civilian nuclear facilities. Urges the President to seek agreement with the Soviet Union that the United States and the Soviet Union will: (1) exchange information on the location, mission, and maximum annual capacity of their facilities essential to the production of tritium for stockpile replenishment; and (2) provide to each other a complete inventory of facilities dedicated to the production of plutonium and uranium for weapons purposes. Prohibits funds from being obligated or expended by the United States to operate facilities dedicated to the production of plutonium for weapons purposes unless the President certifies to the Congress that: (1) the Soviet Union has refused to enter in good faith into the negotiations; (2) the United States is unable to determine that Soviet facilities producing plutonium have ceased operation; or (3) the Soviet Union is continuing to obtain plutonium by operating civilian chemical separation plants that are not under bilateral U.S.-Soviet safeguards.
United States · United States Congress · 18 May 1989
Food Irradiation Safety and Labeling Requirement Act of 1989 - Prohibits the Secretary of Agriculture from implementing pork irradiation regulations and the Secretary of Health and Human Services from implementing other food irradiation regulations. Requires the Secretary of Health and Human Services to arrange for and report within two years on a study of the risks to human health and the environment presented by food irradiation. Amends the Federal Food, Drug, and Cosmetic Act to require that food for domestic use or export which has been irradiated be labeled in a prescribed fashion. Requires restaurant menus to indicate when foods have been irradiated. Requires persons irradiating food to report semiannually to the Secretary.
United States · United States Congress · 18 May 1989
Expresses the sense of the Congress that the Secretary of State should direct the Agency for International Development to restore the annual contribution of the United States to the United Nations Population Fund.
United States · United States Congress · 17 May 1989
Amends the Internal Revenue Code to: (1) extend for three years, through 1992, the investment tax credit in connection with depreciable solar energy property and geothermal property; and (2) permit this credit against the taxpayer's entire regular tax liability and minimum tax liability.
United States · United States Congress · 16 May 1989
Housing for the Frail Elderly Act of 1989 - Amends the Housing Act of 1959 to authorize FY 1990 appropriations (up to a certain number of units) for elderly or handicapped families' housing and related facilities assistance. States that such assistance shall be in the form of capital advances which shall not bear interest and not be required to be repaid as long as the housing remains available for elderly or handicapped families. (Current law provides assistance as interest-bearing loans.) Directs the Secretary of Housing and Urban Development to enter into 20-year contracts to repay landlords for monthly operating costs in excess of project income for very low and lower income units. Includes among operating costs: (1) rent and utilities; (2) renovations and improvements to make units more accessible to elderly or handicapped persons; and (3) services such as meals, health and personal care, and management expenses to coordinate such activities. Terminates section 8 assistance (United States Housing Act of 1937) for projects receiving elderly and handicapped assistance as provided by this Act. Limits efficiency apartment rent in a project receiving such assistance to not more than 25 percent of a resident's monthly adjusted income. Encourages sponsors to adopt apartment design flexibility. Amends the Housing and Urban Development Act of 1968 to provide technical assistance to train sponsors about the availability and acquisition of such assistance. Amends the United States Housing Act of 1937 to permit funds to be used to provide services and service coordinators for elderly or handicapped residents in housing assisted under such Act. Limits such assistance to not more than 15 percent of service costs. Amends the Housing Act of 1949 to provide similar assistance under: (1) the Housing Act of 1949 for rural rental housing; (2) the National Housing Act for low- and moderate-income housing; and (3) the United States Housing Act of 1937 for section 8 new construction. Directs the Secretary to maintain centralized waiting lists for elderly and handicapped housing.
United States · United States Congress · 16 May 1989
Condemns General Manuel Noriega's actions with respect to the May 7th Panamanian election, the violent attack on Guillermo Endara and others by armed thugs acting on Noriega's behalf, and the expulsion of nine international journalists. Calls on General Noriega and the Panamanian Defense Forces to: (1) honor the election by recognizing Guillermo Endara as the victorious presidential candidate; and (2) respect the internationally recognized human rights of the Panamanian people. Calls on the world community of democratic nations to rebuke General Noriega's actions. Calls on the President to consult with the Western Hemisphere democracies in developing a common effort to urge the General to honor the election results. Supports the President's policy steps as an appropriate response to the Panamanian crisis. Expresses Congress' desire to work with the President to determine U.S. foreign policy in Panama.
United States · United States Congress · 11 May 1989
Clean Air Restoration Act of 1989 - Title I: General Provisions for Nonattainment Areas - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency to publish guidelines for enhanced State monitoring of ozone, oxides of nitrogen, volatile organic compounds (VOCs), carbon monoxide, and particulate matter 10 (PM 10) and for improved inventories of emissions of such substances. Directs the Administrator to establish emissions factors for estimating emissions of such substances from stationary sources which emit less than 25 tons per year of such pollutants. Requires State plan revisions submitted after this Act's enactment for ozone, carbon monoxide, or PM 10 nonattainment areas to provide for the maintenance of the attainment standard for 20 years after such submission. Directs the Administrator to periodically review and revise such plans, as necessary, to insure the maintenance of such standard. Revises the boundaries of ozone and carbon monoxide nonattainment areas which are classified as Extreme or Severe and are located within Metropolitan Statistical Areas (MSA) or Consolidated Metropolitan Statistical Areas (CMSA) to include the entire MSA or CMSA. Authorizes the Administrator to modify nonattainment areas classified as Moderate or serious for ozone, carbon monoxide, or PM 10 to encompass the entire MSA or CMSA if such modification is necessary to attain the air quality standard. Requires permits issued in nonattainment areas for stationary sources to provide for: (1) quarterly reports to the permitting authority on monitoring measures; and (2) annual certifications to such authority demonstrating compliance with such permit. Prohibits the issuance of any permit unless such authority has conducted an on-site inspection of the source or emissions unit. Allows new or modified stationary sources to comply with any offset requirement for increased emissions of any air pollutant by obtaining enforceable emissions reductions of such pollutant from other sources in the same nonattainment area. Requires such reductions to be in effect by the time such sources commence operation and to insure that the total tonnage of increased emissions is offset by a greater reduction in the actual emissions from other area sources. Title II: Provisions Applicable to Ozone Nonattainment Areas - Classifies ozone nonattainment areas as Moderate, Serious, Severe, or Extreme, based upon the percentage by which the air quality standard is exceeded in the area. Authorizes the Administrator to adjust the classification of areas which would be classified in another category if the ozone level in such areas were ten percent greater or less. Requires the Administrator to promulgate special rules for rural nonattainment areas where area sources do not make significant contributions to the ozone concentration in such areas. Directs States with classified ozone nonattainment areas to submit compliance strategies to the Administrator. Requires such strategies to provide for: (1) meeting an initial milestone for emissions reductions; (2) improved monitoring of ozone, oxides of nitrogen, and VOCs; (3) annual statements from owners or operators of stationary sources showing emissions of oxides of nitrogen and VOCs; and (4) annual emissions inventories to be submitted to the Administrator. Waives the requirement for owners or operators of stationary sources which emit less than 25 tons annually of VOCs if the State provides an inventory of emissions of such sources. Applies requirements for State permits with respect to air quality standards to statements for stationary sources which emit 25 tons or more annually of oxides of nitrogen or VOCs. Deems such sources to be major stationary sources. Establishes fees to be collected by States for each ton of emissions of such substances and approval procedures for compliance strategies. Directs the Administrator to publish oxides of nitrogen and VOC emissions reduction targets for Serious, Severe, and Extreme ozone nonattainment areas. Provides for reductions or increases in such targets based upon percentage reductions or increases over a 1988 emissions inventory. Directs the Administrator to publish a VOC emissions reduction milestone for such areas to require a 20 percent reduction in emissions within four years of this Act's enactment based upon the 1988 emissions inventory. Requires additional milestones to be achieved within eight and 12 years of this Act's enactment. Sets forth attainment dates of four, eight, 12, and 16 years, respectively, for Moderate, Serious, Severe, and Extreme areas. Requires State implementation plans for Serious, Severe, and Extreme areas to be revised to include measures for meeting targets and milestones, conforming with compliance strategies, and attaining and maintaining revised ozone standards. Sets forth approval procedures for such plans. Requires the Administrator to audit biennially and, if necessary, revise such plans to assure compliance. Includes specified ratios for offsets of increased emissions by new or modified sources in permit requirements for Moderate areas. Requires compliance strategies or revised implementation plans for Serious and Severe areas to contain a permit program covering the construction and operation of certain new or modified emissions units. Requires certain emissions offsets by the time such units enter operation. Provides that such plans or strategies shall: (1) contain a motor vehicle inspection and maintenance program to reduce in-use emissions of VOCs and oxides of nitrogen in Serious areas; and (2) require the use of fill nozzles in such areas which prevent vapor discharge and vehicle fuel tank overflows on nozzle disconnect. Applies the nozzle requirement only to facilities which sell more than 10,000 gallons of gasoline per month (50,000 gallons per month in the case of certain independent small business gasoline marketers). Waives such requirement when the Administrator determines that onboard emissions control systems are in widespread use throughout the motor vehicle fleet. Requires such plans or strategies to require all buses which are purchased or leased by State or local governments after January 1, 1992, (for which such governments enter into contracts or for which engines are replaced after such date) and which are used for public transportation in Serious areas to be low-emission vehicles using low-emission fuels. Requires permits for the operation of certain existing stationary sources in Serious, Severe, and Extreme areas. Requires such strategies or plans to establish a schedule requiring at least 30 percent of the new motor vehicles registered in Severe areas by 1998 to be low-emission vehicles using low-emission fuels. Prohibits the use of an emissions reduction trading program to comply with the reasonably available control technology requirement applicable to such sources under the Clean Air Act. Requires tanks used for motor vehicle liquid fuel storage in such areas to be capable of storing methanol. Prohibits the use of Federal funds for transportation planning in such areas unless the Administrator determines that such planning uses all available techniques for reducing aggregate vehicle emissions. Requires all new motor vehicles owned or operated by persons owning or operating 15 or more vehicles in a Severe area after 1992 to be low-emission vehicles using low-emission fuels. Provides that compliance strategies and State implementation plans for Extreme areas shall contain the same requirements as those for Severe areas. Provides that, eight years after this Act's enactment, each electric utility and industrial and commercial boiler emitting more than 25 tons annually of oxides of nitrogen in such areas shall: (1) burn natural gas, methanol, or ethanol (or a comparably low polluting fuel) as a primary fuel; or (2) use advance control technology for reduction of such emissions. Establishes a schedule for increasing in annual increments the percentage of new motor vehicles registered in such areas which are low-emission vehicles. Requires all model year 2000 vehicles to be low-emission vehicles. Authorizes the establishment of traffic control measures during heavy traffic hours to reduce the use of high polluting vehicles in such areas. Allows an Extreme area to apply for a four-year extension of the attainment date. Directs the Administrator to grant such extension if the area is reasonably expected to meet minimum emissions reduction targets and the implementation plan is adequate to meet the attainment standard by the extended date. Sets forth procedures to be applied in the case of noncompliance with plan and compliance strategy requirements, including emissions offsets for new or modified stationary sources or emissions units at a ratio of three to one and a prohibition on the approval of, or awarding of Federal funds for, highway projects in non-complying areas. Sets forth deadlines for States to demonstrate that all measures in compliance strategies have been implemented and that milestones have been met. Provides for reclassification of areas or the implementation of additional measures, including economic incentive programs in Severe and Extreme areas, if a State fails to meet emissions reduction milestones or to submit a demonstration. Directs the Administrator to establish guidelines for such programs. Sets forth administrative procedures for making determinations, including provisional determinations, of attainment of air quality standards during a three-year period. Directs the Administrator to reclassify Moderate, Serious, or Severe areas which fail to meet attainment deadlines into the next, more stringent, category. Requires States with Extreme areas failing to meet such deadlines to submit plan revisions providing for: (1) emissions offsets at a ratio of three to one for new or modified sources or emissions units in such areas; and (2) an economic incentives program to aid in reducing the total tonnage of VOC and oxides of nitrogen emissions by at least five percent annually prior to attainment of the standard. Establishes an ozone transport region comprised of coastal States on the east coast between Maine and Maryland and the CMSA including the District of Columbia. Authorizes the creation of additional regions, as necessary. Directs the Administrator to establish an ozone transport commission for each region. Requires each State within a region to submit to the Administrator a revised implementation plan which requires compliance with emission levels as if the region were classified as a Serious area for ozone. Exempts regions within a State that do not contribute significantly to ozone concentrations in Serious, Severe, or Extreme areas. Permits States or subdivisions to petition the Administrator for the inclusion of another State or portion of a State within an ozone transport region. Requires the Administrator to develop criteria for determining transboundary pollution for ozone. Authorizes the Administrator to pay up to 100 percent of the program costs of such commissions for two years. Directs the Administrator to: (1) list all categories of commercial and consumer solvents, architectural and other surface coatings, pesticide applications, traffic coatings, and military specification coatings which release significant evaporative emissions of VOCs; and (2) promulgate standards biennially, for eight years, to reduce emissions from the highest priority group of such substances to the lowest feasible emissions rate. Requires the Administrator to publish a list of the 12 categories of stationary sources for which control technologies have not been published and which make the most significant contribution to the formation of ozone air pollution. Directs the Administrator to publish guidance for such sources, including guidelines for monitoring emissions of VOCs and oxides of nitrogen, and review and, if necessary, update such guidelines. Requires owners or operators of sources emitting ten tons or more of VOCs annually to reduce such emissions by a specified percentage if guidance for such source has not been published. Directs the Administrator to publish a control technology document regarding control of VOC emissions from the loading of petroleum products on or off of vessels. Provides that such emissions shall be considered to be direct emissions of the onshore terminal. Title III: Provisions Applicable to Carbon Monoxide Nonattainment Areas - Classifies carbon monoxide nonattainment areas as Moderate, Serious, or Severe. Authorizes the Administrator to adjust such classifications under conditions parallel to those for ozone nonattainment areas. Requires the Administrator to publish carbon monoxide concentration milestones for Serious and Severe areas to be achieved within four and eight years of this Act's enactment, respectively. Sets forth attainment dates of four, eight, and twelve years, respectively, for Moderate, Serious, and Severe areas. Sets forth requirements parallel to those for ozone nonattainment areas for State plan revisions, content, approval, and auditing. Requires plans for Serious and Severe areas to include: (1) motor vehicle inspection and maintenance programs to reduce in-use carbon monoxide emissions; and (2) provisions requiring the use of oxygenated fuels for all gasoline-powered motor vehicles during periods identified as having carbon monoxide concentrations potentially in excess of air quality standards. Directs the Administrator to promulgate guidelines allowing the use of marketable oxygen credits from fuels with higher oxygen contents than required to offset the sale or use of fuels with lower contents than required. Waives the oxygenated fuel requirement upon a demonstration that the use of such fuels would prevent or interfere with an area's attainment of a standard for any other air pollutant. Requires persons selling oxygenated fuel to label the fuel dispensing system accordingly. Sets forth requirements parallel to those for ozone nonattainment areas for: (1) permit programs and emissions offsets in Severe areas; (2) persons owning or operating more than 15 vehicles in such areas; and (3) funding for transportation planning. Provides for a $5 per vehicle annual registration fee in such areas. Makes registration revenues available to the State air pollution control agency for developing carbon monoxide emissions reduction strategies. Sets forth requirements parallel to those for ozone nonattainment areas for noncompliance procedures and State demonstrations. Provides for the implementation of an incentives program to reduce vehicle miles traveled in Severe areas if milestones or demonstration requirements have not been met. Provides for reclassification and plan revision procedures parallel to those required for Severe and Extreme ozone nonattainment areas. Title IV: Provisions Applicable to PM 10 Nonattainment Areas - Classifies PM 10 nonattainment areas as Serious or Severe. Sets forth attainment dates of four and eight years after this Act's enactment, respectively, for Serious and Severe areas. Directs the Administrator to publish PM 10 concentration milestones for Severe areas to require a 50 percent reduction in concentrations within four years of this Act's enactment. Sets forth requirements parallel to those for ozone and carbon monoxide nonattainment areas for: (1) State plan revisions, content, approval, and auditing; and (2) permit programs for Serious and Severe areas. Requires permits for the operation of: (1) certain existing sources in Severe areas; and (2) new, modified, and existing sources of PM 10 precursors where such emissions contribute significantly to PM 10 concentrations in nonattainment areas. Sets forth requirements parallel to those for ozone and carbon monoxide nonattainment areas for noncompliance, State demonstrations, reclassifications, and plan revisions. Allows States which have submitted plan revisions for Severe areas to apply for a two-year extension of the attainment date. Provides that three to one offset requirements shall not apply to areas granted such extensions. Waives any PM 10 requirements if determined that anthropogenic sources of PM 10 do not contribute significantly to the violation of the PM 10 standard in the area. Directs the Administrator to: (1) list all important categories of PM 10 emissions and precursors; and (2) publish biennial guidelines concerning the best available control technology for PM 10 emissions from stationary sources in the highest priority group. Requires the Administrator to promulgate regulations for PM 10 emissions reduction from existing diesel buses in Severe areas to require the use of lower polluting fuels. Requires State plans to include annual PM 10 emissions inventories to be submitted to the Administrator. Provides for revisions of such plans if air quality standards are modified. Requires plans to contain measures to improve the ambient monitoring of PM 10. Title V: Mobile Sources - Sets standards for emissions of hydrocarbons, oxides of nitrogen, carbon monoxide, and particulates from: (1) passenger cars and light duty trucks manufactured after 1991; and (2) heavy duty trucks and buses manufactured after 1990. Directs the Administrator to promulgate standards for vehicles using low-emissions fuel. Requires the Administrator to evaluate and, if necessary, revise such standards at least every four years. Directs the Administrator to establish a minimum percentage of new motor vehicles to be certified as low-emissions vehicles. Requires the Administrator to promulgate emissions standards for internal combustion engines used in any vehicle or machine manufactured after January 1, 1993. Requires such standards to be proportional to those for motor vehicle engines of comparable horsepower using the same fuel. Directs the Administrator to add an idle test to the Federal Test Procedure for emissions from light duty vehicles manufactured after 1991. Permits only ten percent of vehicles manufactured after 1990 in a selective enforcement audit to fail motor vehicle testing. Requires the Administrator to review and revise, as necessary, testing regulations to insure that vehicles are tested under circumstances reflecting actual current driving conditions. Requires each vehicle and engine to comply with the applicable emissions standard (Current law permits averaging). Provides that the useful life of vehicles and engines manufactured after 1994 shall be ten years or 100,000 miles. Makes technical amendments to prohibitions on tampering with vehicle emission control devices. Directs the Administrator to require the use of best available technology to control evaporative emissions from motor vehicles for a vehicle's useful life. Sets standards for emission of hydrocarbons, carbon monoxide, and evaporative hydrocarbons from motorcycles manufactured after 1991. Requires the installation of onboard emission diagnostic equipment on motor vehicles. Directs the Administrator to: (1) promulgate regulations to reduce evaporative emissions from motor vehicle fuels; and (2) establish a standard for gasoline volatility. Requires new light duty motor vehicles manufactured in the second year after standards are promulgated to be equipped with onboard evaporative emissions control systems. Provides for carbon monoxide emissions testing at 20 degrees Fahrenheit of passenger cars and light duty trucks manufactured after model year 1992. Sets emissions standards at such temperature. Title VI: Miscellaneous Provisions - Requires the Administrator to establish requirements to control air pollution from Outer Continental Shelf sources. Authorizes States adjacent to such sources to submit to the Administrator procedures for enforcing such requirements. Directs the Administrator to delegate enforcement authority to States with adequate procedures. Authorizes the Administrator to substitute maximum allowable increases in particulate matter smaller than or equal to ten micrometers (PM 10) for maximum allowable increases in such matter specified under the Clean Air Act. Authorizes the Administrator to: (1) treat Indian tribes as States under the Clean Air Act; (2) delegate to such tribes primary responsibility for assuring air pollution control; and (3) provide such tribes grant and contract assistance to carry out such functions. Outlines requirements for such authorization. Authorizes the Administrator to promulgate other means for administering such authorities where such treatment is inappropriate. Directs the Administrator to list nonattainment areas for air pollutants other than those covered by this Act when a new or revised air quality standard is promulgated. Applies the PM 10 standards, excepting attainment deadlines and provisions relating to diesel buses, to such areas. Requires the Administrator to make information regarding emissions control technology available to States and the public through a central database. Repeals provisions concerning enforcement orders and violations by owners or operators of major stationary sources. Requires States to submit plan revisions for nonattainment areas failing to meet attainment deadlines for air pollutants other than those covered by this Act. Requires new or modified sources of such pollutants to comply with provisions of this Act and applies an emissions offset ratio of three to one to such pollutants. Directs the Administrator to conduct biennial audits of motor vehicle inspection and maintenance programs in Severe or Extreme ozone or carbon monoxide nonattainment areas. Increases and expands the scope of penalties and violations of the Clean Air Act. Authorizes appropriations for FY 1990 through 1994.
United States · United States Congress · 11 May 1989
Low-Income Housing Credit Act of 1989 - Amends the Internal Revenue Code to make permanent the low-income housing income tax credit (under current law the credit will expire after tax year 1989). Permits States a one-year carryover of unused credit authority. Assigns carryovers to the Secretary of Housing and Urban Development to allocate to eligible States applying for excess credit. Allows the credit only if an extended low-income housing commitment (beyond the current 15-year period) is in effect with respect to any building for the relevant taxable year. Describes procedures to effect transition to a non-low-income use in connection with such extensions. Permits the credit in connection with the acquisition of an existing building only if the taxpayer incurs rehabilitation expenditures of at least $3,000 per unit. Revises rent restrictions to: (1) declare unnecessary a required rent reduction below the initial rent if the median gross income of the area decreases; (2) permit higher rent if units are occupied by higher income individuals and the project has an operating deficit; (3) base income limitations on the number of bedrooms in a unit; and (4) use State median gross income in certain low-income housing status determinations. Broadens categories of existing buildings eligible for a waiver of the ten-year requirement for the low-income housing credit. Revises credit provisions relating to single-room occupancy units and special needs housing. Loosens restrictions that limit credit benefits in connection with buildings financed with tax-exempt bonds and below market loans. Permits the credit to be allocated: (1) on a project basis; and (2) in connection with owner-occupied buildings of four units or less if a development plan is submitted. Directs housing credit agencies to adopt plans for allocating credit amounts among projects, prohibiting the credit with respect to any building not included in such a plan. Modifies at-risk rules in connection with buildings subject to the historic rehabilitation credit and those associated with financing provided by certain nonprofit organizations. Sets the tax credit rate on a semiannual rather than monthly basis. Increases the credit in connection with buildings in high cost areas (low-income census tracts or difficult development areas).
United States · United States Congress · 9 May 1989
Americans with Disabilities Act of 1989 - Title I: General Prohibition Against Discrimination - Declares that it shall be discriminatory, on the basis of disability, to deny opportunities or to afford them unequally, to provide opportunities less effectively (or differently or separately, unless necessary for effectiveness), to assist an organization or individual that discriminates, or to otherwise limit opportunities enjoyed by others. Prohibits the use of standards, criteria, or administrative methods that have the purpose or effect of discrimination or perpetuate discrimination. Declares it discriminatory to deny equal opportunities because of the relationship or association of an individual with another individual with a disability. Allows as a defense to a charge of discrimination that an application of standards or criteria has been demonstrated to be both necessary and substantially related to the ability of an individual to take advantage of the essential components of the opportunity, and that the taking advantage cannot be accomplished by reasonable accommodations, modifications, or the provision of auxiliary aids or services. Title II: Employment - Prohibits discrimination by any employer, employment agency, labor organization, or joint labor-management committee against any qualified individual with a disability in job application procedures, hiring or discharge, compensation, advancement, training, and other terms, conditions, and privileges of employment. Lists types of actions construed to be discrimination. Makes the remedies set forth in specified provisions of the Civil Rights Act of 1964 and other specified Federal law available to any individual who believes that he or she is being or is about to be subjected to discrimination in violation of this Act. Title III: Public Services - Declares that no qualified individual with a disability shall be excluded from the participation in, denied the benefits of, or subjected to discrimination by a State, or by an agency, political subdivision, or other instrumentality of a State. Lists types of actions deemed, for purposes of this Act and specified provisions of the Rehabilitation Act of 1973, to be discrimination with regard to public transportation. Makes the remedies and rights set forth in specified provisions of the Rehabilitation Act of 1973 available to any individual who believes that he or she is being or is about to be subjected to discrimination in violation of this Act. Title IV: Public Accommodations and Services Operated by Private Entities - Prohibits discrimination on the basis of disability in the enjoyment of any place of public accommodation. Lists types of actions construed to be discrimination. Prohibits discrimination on the basis of disability in public transportation services provided by a private entity that is primarily engaged in transporting people, but that is not in the principal business of air transportation. Lists types of actions construed to be discrimination. Makes specified provisions of the Fair Housing Act relating to enforcement available, subject to exception, to any aggrieved individual. Title V: Telecommunications Relay Services - Defines "telecommunications relay services" to mean services that enable simultaneous communication between individuals who use telecommunications devices for the deaf (TDDs) or other nonvoice terminal devices and individuals who do not use such devices. Declares it discriminatory for any common carrier that offers telephone services to the public to fail to provide interstate or intrastate telecommunication relay services that are equal to those provided to their customers who are able to use voice services, except in any State in which services are provided through an entity designated by the State. Declares it discrimination by a State that makes such a designation if the State fails to provide interstate or intrastate relay services that are equal to those provided to their voice customers. Makes specified provisions of the Fair Housing Act relating to enforcement available, subject to exception, to any aggrieved individual. Requires the Federal Communications Commission to enforce this title. Makes specified provisions of the Communications Act of 1934 apply with respect to the enforcement of this title. Provides for cease and desist orders by the Commission and for monetary penalties. Title VI: Miscellaneous Provisions - Prohibits retaliatory discrimination against any individual because of actions related to this Act. Declares that a State shall not be immune under the 11th Amendment to the Constitution from an action in Federal court for a violation of this Act. Requires the Architectural and Transportation Barriers Compliance Board to issue minimum guidelines to supplement the existing Minimum Guidelines and Requirements for Accessible Design. Allows the awarding of reasonable attorney's fees, in certain circumstances, in any action or proceeding under this Act.
United States · United States Congress · 3 May 1989
Idaho Wilderness Act - Designates the following lands in Idaho as components of the National Wilderness Preservation System: (1) the Salmo-Priest Wilderness in the Idaho Panhandle National Forest; (2) the Long Canyon-Selkirk Crest Wilderness in the Idaho Panhandle National Forest; (3) the Scotchman's Peak Wilderness in the Idaho Panhandle National Forest; (4) the Grandmother Mountain Wilderness in the Idaho Panhandle National Forest; (5) the Mallard-Larkins Wilderness in the Idaho Panhandle and Clearwater National Forests; (6) the Great Burn Wilderness in the Clearwater National Forest; (7) the Moose Mountain Wilderness in the Clearwater National Forest; (8) the Elk Summit Wilderness in the Clearwater National Forest; (9) the North Fork Clearwater Wilderness in the Clearwater National Forest; (10) the Lewis and Clark Wilderness in the Clearwater National Forest; (11) the Rapid River Wilderness in the Payette National Forest; (12) the Pot Mountain Wilderness in the Clearwater National Forest; (13) the Snowbank Mountain Wilderness in the Payette and Boise National Forests; (14) Payette Crest and Salmon River Breaks of the South Fork of the Salmon River Wilderness in the Payette National Forest; (15) the French Creek/Patrick Butte Wilderness in the Payette National Forest; (16) the Peace Rock Wilderness in the Boise National Forest; (17) the Deadwood River Wilderness in the Boise National Forest; (18) the Breadwinner Wilderness in the Boise National Forest; (19) the Lime Creek Wilderness in the Boise National Forest; (20) the Red Mountain Wilderness in the Boise National Forest; (21) the Sawtooth Completion Wilderness in the Boise, Sawtooth, and Challis National Forests; (22) the Smoky Mountain Wilderness in the Boise and Sawtooth National Forests; (23) the Trinities Wilderness in the Boise National Forest; (24) the Danskin-South Fork Boise River Wilderness in the Boise National Forest; (25) the Pioneer Wilderness in the Sawtooth and Challis National Forests; (26) the Cache Peak Wilderness in the Sawtooth National Forest; (27) the Boulder-White Clouds Wilderness in the Sawtooth and Challis National Forests and the Salmon District; (28) Borah Peak, King Mountain, and the Pahsimeroi Mountains of the Lost River Wilderness in the Challis National Forest; (29) the North Lemhi's Wilderness in the Salmon and Challis National Forests; (30) the Diamond Peak Wilderness of the Targhee, Salmon, and Challis National Forests; (31) the Winegar Hole Wilderness of the Targhee National Forest; (32) Anderson Mountain and Garfield Mountain of the Continental Divide Wilderness in the Salmon and Targhee National Forests; (33) West Bigholes, Italian Peaks, Centennials, and Lionhead of the Great Divide Wilderness in Targhee, Salmon, and Challis National Forests; (34) Garns Mountain, Palisades, Bear Creek, Caribou, and Poker Peak of the Greater Palisades Wilderness of Targhee and Caribou National Forests; and (35) the Cache Crest Wilderness, Mt. Naomi Wilderness, and Stump Creek Wilderness of the Caribou National Forest. Permits livestock grazing in the North Lemhi's Wilderness. Provides that the RARE II (second roadless area review and evaluation final environmental statement (dated January 1979) with respect to national forest system lands in Idaho shall not be subject to judicial review. Releases national forest system lands in Idaho which were reviewed in the RARE II program from further review by the Department of Agriculture, pending the revision of initial national forest management plans. Releases lands in Idaho reviewed in the RARE II program and not designated as wilderness from management as wilderness areas. Prohibits the Department of Agriculture from conducting any further statewide roadless area review and evaluation of national forest system lands in Idaho without express congressional authorization.
United States · United States Congress · 3 May 1989
Outer Space Protection Act of 1989 - Reaffirms U.S. policy that activities in space should be devoted to peaceful purposes to benefit mankind. Prohibits the use of funds by Federal agencies for: (1) the testing, production, or deployment of any weapon system designed to be based in outer space; (2) the testing of any weapon system to determine its capability to damage or destroy any object in outer space; or (3) the launch of any spacecraft that carries weapons capable of inflicting death or injury on people. Urges and requests the President to enter into bilateral negotiations with the Soviet Union concerning weapons systems in outer space. Specifies the purposes of such negotiations as: (1) prohibiting the testing, production, and deployment of all weapons based in outer space and the testing of all weapons against objects in outer space; (2) establishing limitations on technologies that could become weapons; (3) determining methods for monitoring compliance with such limitations and with mutually agreed upon prohibitions on weapons in outer space and the testing of antisatellite weapons; and (4) encouraging the effective utilization of the Standing Consultative Commission (established under the 1972 Anti-Ballistic Missile Treaty) to resolve disagreements and to develop limitations and verification procedures for new technologies. Urges and requests the President, in the event that such negotiations result in an agreement, to initiate discussions in the United Nations toward an international agreement to prohibit the testing, production, and deployment of all weapons in outer space and to prohibit the testing of all antisatellite weapons. Requires the Secretary of Defense to manage the long-term basic research on ballistic missile defense technologies so as to provide the United States with expanded options for responding to any future breakout by the Soviet Union from the 1972 Anti-Ballistic Missile Treaty. Specifies that nothing in this Act shall be construed to prohibit the obligation or expenditure of funds for non-weapon military operations in outer space. States that the provisions of this Act relating to bilateral negotiations with the Soviet Union and the prohibition on the use of funds for space weapons shall become inapplicable if the President certifies to the Congress that the Soviet Union: (1) has tested, produced, or deployed space weapons; or (2) has launched into orbit any spacecraft that carries a weapon capable of inflicting death or injury on people.
United States · United States Congress · 2 May 1989
Facsimile Advertising Regulation Act - Amends the Communications Act of 1934 with respect to telephone facsimile machines (equipment which has the capacity to reproduce text or images into an electronic signal, transmit such signal over a regular telephone line, receive such signals, and produce a copy of the transmitted text and images). Makes it unlawful for any person in the District of Columbia or in interstate or foreign communications, by means of a telephone, to use any telephone facsimile machine (fax machine) or other electronic device to send any unsolicited advertisement to the fax machine of any person whose number is on record with a common carrier as the number of one objecting to receipt of such advertisements. Directs each common carrier to maintain a list of persons who notify them of their objection to receiving such unsolicited advertisements by fax machines. Directs the Federal Communications Commission to revise the regulations governing fax machines to require that any such machine which is manufactured six months after the enactment of this Act and used for the distribution of unsolicited advertising be equipped to identify the date and time sent, an identification of the business sending the advertising, and the telephone number of the sending machine.
United States · United States Congress · 2 May 1989
Privacy for Consumers and Workers Act - Requires employers who engage in electronic monitoring to provide each affected employee with prior written notice describing specified aspects of the electronic monitoring directly affecting the employee. Requires employers to notify prospective employees at personal interviews or meetings of existing forms of electronic monitoring which may directly affect them and, upon request, provide them with the written notice provided to employees. Requires employers to provide affected employees with some form of visual or aural notice that indicates that electronic monitoring is taking place, at periodic intervals unless the monitoring is continuous during each of the employee's shifts. Requires employers to provide affected customers with some form of visual or aural notice, at periodic intervals, indicating that telephone service observation is taking place. Requires employers to permit employees or their authorized agents to have access to all personal data obtained by electronic monitoring of their work. Prohibits employers from collecting personal data on an employee which is not relevant to the employee's work performance. Prohibits employers from disclosing personal data obtained by electronic monitoring to any person or business except to the individual employee to whom that data pertains or without the employee's prior written consent, unless disclosure would be: (1) to the employer's officers and employees who need it to perform their duties; (2) to a law enforcement agency for a criminal investigation or prosecution; or (3) pursuant to a proper court order. Prohibits employers from using personal data obtained by electronic monitoring as the exclusive basis for individual employee performance evaluation or disciplinary action, unless the employee is given an opportunity to review the data within a reasonable time after it is obtained. Prohibits employers from using personal data or collective data obtained by electronic monitoring as the sole basis for setting production quotas or work performance expectations. Prohibits employers from maintaining, collecting, using, or disseminating personal data obtained by electronic monitoring which describes how an employee exercises First Amendment rights, unless such use is: (1) expressly authorized by statute or by the employee; or (2) pertinent to and within the scope of an authorized law enforcement activity. Sets forth the following enforcement provisions: (1) civil penalties; (2) injunctive actions by the Secretary of Labor; and (3) private civil actions. Prohibits waiver of rights and procedures provided by this Act, unless such waiver is part of a written settlement by the parties to a pending action or complaint. Directs the Secretary of Labor to issue rules and regulations to carry out this Act within six months. Makes this Act inapplicable to otherwise permissible electronic monitoring by law enforcement agencies in criminal investigations.
United States · United States Congress · 26 April 1989
Interest on Escrow Accounts Deposit Act of 1989 - Amends the Real Estate Settlement Procedures Act of 1974 to reduce the maximum amount of accumulated funds permitted in federally related mortgage loan escrow accounts. Establishes minimum lender interest rates for such accounts. Requires lenders to provide borrowers with statements of charges and payments. Prohibits lenders from charging statement fees. Authorizes civil penalties for violations of this Act.
![Official portrait of Rep. Studds, Gerry E. [D-MA-10]](https://www.congress.gov/img/member/s001040_200.jpg)