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United States · Official source
635 records where Sen. Rudman, Warren [R-NH] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 14 September 1989
Commends Gail D. Fosler for her service to the country and the Senate.
United States · United States Congress · 13 September 1989
Designates October 1989 as Country Music Month.
United States · United States Congress · 3 August 1989
Pemigewasset River Study Act of 1989 - Amends the Wild and Scenic Rivers Act to designate specified segments of the Pemigewasset River, New Hampshire, for study as an addition to the national wild and scenic rivers system. Authorizes appropriations.
United States · United States Congress · 3 August 1989
Clean Air Act Amendments of 1989 - Title I: Provisions for Attainment and Maintenance of National Ambient Air Quality Standards - Amends the Clean Air Act to authorize the Administrator of the Environmental Protection Agency (EPA), after promulgating a new or revised national ambient air quality standard, to require States to submit air quality implementation plans. Requires State Governors to designate areas within a State as nonattainment, attainment, or unclassifiable, with regard to air quality standards, and to submit such designations to the Administrator. Authorizes the Administrator to modify such designations, as necessary. Designates areas currently required to be listed under the Clean Air Act as nonattainment, attainment, or unclassifiable areas, as specified. Provides for the redesignation of areas, as appropriate. Prohibits the redesignation of any area from nonattainment to unclassifiable. Directs State Governors to submit to the Administrator a list of areas designated or redesignated as carbon monoxide and ozone attainment, nonattainment, and unclassifiable areas. Designates: (1) areas identified (in 52 Federal Register 29383) as Group I areas as particulate matter 10 (PM-10) nonattainment areas; (2) counties containing sites for which air quality monitoring data show a violation of national air quality standards for PM-10 before 1989 as PM-10 nonattainment areas; and (3) areas not meeting either description as PM-10 unclassifiable areas. Authorizes the Administrator to require States to designate areas with respect to the national air quality standard for lead. Permits the Administrator, with respect to attainment or unclassifiable areas, to require States to submit implementation plans that provide for the maintenance of such standards. Makes technical amendments to provisions concerning plan requirements. Sets forth provisions for plan approval and revisions. Requires plans to provide for attainment of national air quality standards in nonattainment areas within three years of this Act's enactment or within five years of a finding of substantial inadequacy. Retains a moratorium on construction or modification of major stationary sources in certain areas until such areas meet applicable requirements concerning permit programs or attainment standards for sulfur oxides. Repeals provisions concerning: (1) extensions of time for plan submissions and attainment dates; (2) requirements concerning parking surcharges and transportation regulations; and (3) suspensions of certain plan requirements. Requires the Administrator to publish a triennial (currently, annual) document which sets forth applicable requirements of the implementation plan for each State. Revises provisions concerning stack heights to require such heights to equal the height prescribed by the Administrator (currently, the height shall not exceed two and a half times the height of the source), unless the owner or operator demonstrates the need for the greater height and such source has met applicable emissions standards. Sets the date of attainment of national air quality standards for a nonattainment area at five years from the date such area was designated. Authorizes the Administrator to extend such attainment date, provided that such extension does not exceed 20 years and that no more than two extensions are granted to a single area. Requires States to submit nonattainment plans within three years of the designation of an area. Makes technical amendments to provisions concerning nonattainment plan requirements. Authorizes the issuance of a permit to construct or operate a new source if demonstrated that the benefits of such source significantly outweigh environmental and social costs. Prohibits the use of existing growth allowances in areas which are notified that implementation plans containing such allowances are substantially inadequate. Requires States containing ozone or carbon monoxide nonattainment areas, together with local officials of such areas, to review and update, as necessary, planning procedures for such areas. Authorizes States, in the case of areas included in more than one State, to implement jointly such planning procedures. Provides that maintenance plans required as preconditions to area redesignations shall provide for maintenance of air quality standards for at least ten years after a redesignation petition is submitted to the Administrator. Authorizes the Administrator, whenever it is determined that the interstate transport of air pollutants from one or more States contributes significantly to a violation of an air quality standard in such States, to establish a transport region for such pollutants within such States. Requires the Administrator to establish a transport commission for each such region to: (1) assess the degree of interstate transport of the pollutant or precursors to the pollutant throughout the transport region; (2) assess strategies for mitigating the interstate pollution; and (3) recommend to the Administrator such measures as may be necessary to ensure that State plans meet requirements of this Act. Permits such commissions to request the Administrator to issue a finding that one or more of the States in a transport region have inadequate implementation plans. Applies program cost limitations for interstate air quality agencies to such commissions. Imposes the following sanctions on States which fail to comply with requirements concerning nonattainment areas: (1) a moratorium on the construction or modification of any major stationary source of the relevant pollutants in the nonattainment area, or with respect to ozone, the nonattainment area and the area within 25 miles of the nonattainment area; (2) restrictions on Department of Transportation assistance to such areas; (3) restrictions on the provision of new drinking water service in such areas; or (4) a withholding of all or part of assistance for air pollution planning and control. Requires States which fail to attain air quality standards by the required attainment date to submit plan revisions. Prohibits the construction or modification of any major stationary source of a pollutant in a nonattainment area after 1992 or 42 months after the designation of such area, whichever is later, unless the Administrator has approved a plan submission for such area. Authorizes the Administrator to promulgate a Federal implementation plan if any State fails to make a required submission or such submission is not approved. Classifies ozone nonattainment areas as Marginal, Moderate, Serious, and Severe, based upon the amount by which the air quality standard is exceeded in the area. Authorizes the Administrator to adjust the classification of areas which would be classified in another area if the ozone level were five percent greater or less. Prohibits more than two one-year attainment extensions from being issued for a single nonattainment area. Sets forth the following attainment dates: (1) December 31, 1995, for Marginal and Moderate areas; (2) December 31, 2000, for Serious areas; and (3) December 31, 2010, for Severe areas. Provides for the reclassification of areas which fail to meet required standards. Requires States in which Marginal areas are located to submit to the Administrator a current inventory of actual emissions from all sources. Directs such States to submit plan revisions to require: (1) correction requirements for available control technology; (2) a vehicle inspection and maintenance program; (3) permits for the construction and operation of new or modified stationary sources; (4) triennial inventories; and (5) emissions statements from owners or operators of stationary sources of oxides of nitrogen or volatile organic compounds (VOCs). Waives requirements for the submission of triennial inventories for sources which emit less than 25 tons annually of nitrogen oxides or VOCs if the State provides an emissions inventory for such sources to the Administrator. Requires States in which Moderate areas are located to submit plan revisions which provide for emission reductions, by December 31, 1995, of at least 15 percent from baseline emissions. Prohibits the following measures from being credited to the 15 percent reduction: (1) measures relating to motor vehicle tailpipe or evaporative emissions promulgated by the Administrator; (2) regulations concerning Reid Vapor Pressure promulgated by the Administrator; (3) measures concerning required corrections to implementation plans; and (4) measures concerning motor vehicle inspection and maintenance. Provides that plan revisions shall require: (1) the implementation of reasonably available control technology with respect to all VOC sources covered by a Control Techniques Guideline document and all sources with the potential to emit at least 100 tons annually of VOCs; and (2) owners and operators of gasoline dispensing systems to install and operate systems for gasoline vapor recovery of emissions from the fueling of motor vehicles. Sets forth deadlines for the installation of such systems. Requires States in which Serious areas are located to submit the same plan revisions as those applicable to Moderate areas. Directs such States, by December 31, 1995, to submit revisions to provide for: (1) the attainment of the ozone air quality standard by the applicable attainment date; and (2) certain VOC emissions reductions from the baseline emissions averaged over three-year periods, beginning in 1996. Sets forth provisions concerning creditable emissions reductions. Permits such revisions to provide for combined VOC and nitrogen oxide emissions reductions (in lieu of sole VOC reductions) that would result in reductions equivalent to those required for VOC emissions from the baseline level. Requires such States to revise plans to provide for programs to reduce hydrocarbon emissions from in-use motor vehicles in urbanized nonattainment areas with populations over 200,000. Sets forth minimum requirements for such programs, including waiver and enforcement provisions. Requires States containing certain Serious or Severe areas with populations over 250,000 to submit plan revisions to ensure the implementation of clean-fuel vehicle programs, including measures to make the use of clean alternative fuels economical for owners. Permits the Administrator to approve substitutes for such programs if such substitutes will achieve equivalent reductions of ozone-producing emissions. Requires States with Serious areas in which the levels of vehicle miles traveled or congestion levels exceed levels projected for purposes of the area's demonstration of attainment or progress to submit plan revisions providing for transportation control measures. Requires States in which Severe areas are located to make the same submissions as those applicable to Serious areas and to submit an attainment demonstration by December 31, 2000. Provides that States containing non-self-generating ozone nonattainment areas that do not include or are not adjacent to metropolitan statistical areas (MSAs) shall be treated as satisfying the requirements of this Act if they make submissions required for Marginal areas. Permits the Administrator to treat such areas as non-self-generating if found that VOC and nitrogen oxides emissions within such areas do not contribute significantly to ozone concentrations in such areas or other areas. Sets forth requirements for areas reclassified as Moderate. Requires the Administrator to: (1) issue control techniques guidelines for seven categories of stationary sources of VOC emissions for which guidelines have not been issued; and (2) issue a document analyzing alternative control techniques for stationary sources of nitrogen oxides. Directs the Administrator to: (1) report to the Congress on VOC emissions from consumer or commercial products; and (2) promulgate regulations to aid in the attainment of the ozone air quality standard by decreasing emissions from such products. Authorizes such regulations to exempt health use products for which there are no suitable substitutes. Permits the transfer of enforcement authority for such regulations to States with the approval of the Administrator. Requires the Administrator to promulgate standards applicable to air pollutant emissions from loading and unloading marine tank vessels which may endanger public health or welfare. Directs the Secretary of the department in which the Coast Guard is operating to issue regulations to ensure the safety of the equipment and operations to control such emissions. Prohibits States from adopting any less stringent emissions standards. Requires the Administrator to study and report to the Congress on whether current methodology used to establish a design value for ozone provides a reasonable indicator of the ozone air quality of ozone nonattainment areas. Subjects such study to peer review. Establishes an ozone transport region comprised of coastal States on the east coast between Maine and Maryland and the consolidated metropolitan statistical area (CMSA) including the District of Columbia. Sets a fee of $5,000 per ton of VOC emitted during a calendar year in excess of 80 percent of the baseline amount for major stationary sources in areas which fail to attain standards by the applicable date. Requires such fee to be adjusted annually. Exempts from such fee areas with populations under 200,000 if demonstrated that attainment is prevented because of ozone transported from other areas. Classifies carbon monoxide nonattainment areas as Moderate or Serious. Authorizes the Administrator to adjust such classifications under conditions parallel to those for ozone nonattainment areas. Sets forth attainment dates of December 31, 1995, and December 31, 2000, for Moderate and Serious areas, respectively. Sets forth provisions for attainment extensions and reclassifications parallel to those for ozone nonattainment areas. Requires States in which Moderate carbon monoxide areas are located to submit to the Administrator a current inventory of actual emissions from all sources. Directs such States to submit plan revisions to require: (1) vehicle inspection and maintenance programs; and (2) triennial inventories. Requires States in which Serious carbon monoxide areas are located to make the same submissions as those required for Moderate areas. Directs such States to submit plan revisions to require: (1) attainment demonstrations; (2) vehicle inspection and maintenance programs; (3) transportation control measures; and (4) the use of oxygenated fuels in CMSAs or MSAs. Classifies PM-10 nonattainment areas as Moderate or Serious. Sets forth procedures and a timetable for reclassification of such areas. Provides for attainment dates of December 31, 1994, and December 31, 2001, for Moderate and Serious areas, respectively. Sets forth provisions for attainment extensions parallel to those for ozone and carbon monoxide nonattainment areas. Permits additional extensions to be granted to Serious areas, under specified conditions. Limits such extensions to a period of five years. Authorizes the Administrator to waive any requirement or attainment date for a Serious PM-10 area if determined that anthropogenic sources of PM-10 do not contribute significantly to violations of the PM-10 standard in such area. Requires States in which Moderate PM-10 areas are located to submit plans that include a permit program for the construction and operation of new and modified PM-10 sources and a demonstration on whether attainment is practicable by the applicable date. Directs States in which Serious PM-10 areas are located to submit plans that include a demonstration on whether attainment is practicable by the applicable date and the implementation of reasonably available control measures. Sets forth a timetable for the submission of attainment demonstrations. Requires the Administrator to: (1) issue technical guidance on reasonably available control measures for urban fugitive dust and emissions from residential wood combustion and prescribed silvicultural and agricultural burning; and (2) examine other categories of sources contributing to nonattainment of PM-10 and issue any additional guidance. Directs States containing nonattainment areas with respect to air quality standards for sulfur oxides, nitrogen dioxide, or lead to submit implementation plans to the Administrator. Requires such plans to provide for: (1) attainment of such standards within five years of the date of designation or, for States without approved plans, within five years of this Act's enactment. Applies requirements of approved plans submitted by Indian tribes to all areas located within a reservation. Authorizes the Administrator to: (1) treat Indian tribes as States under the Clean Air Act, except with respect to a requirement that makes available at least one-half of one percent of annual appropriations to States; and (2) provide such tribes with grant and contract assistance to carry out air pollution control functions. Outlines requirements for such authorization. Authorizes the Administrator to promulgate other means for administering such authorities where such treatment is inappropriate. Revises provisions concerning transportation planning and guidelines to require the Administrator to update the June 1978 Transportation-Air Quality Planning Guidelines. Requires States to submit such reports as the Administrator may require concerning emissions reductions, vehicle miles traveled, congestion levels, and any other information necessary for the Administrator to assess the effectiveness, implementation, or revision of any State plan. Extends the deadlines by which the Administrator must promulgate and revise regulations concerning new source standards of performance. Sets deadlines for the promulgation of regulations for sources for which the Administrator has not proposed regulations. Applies recordkeeping, inspections, monitoring, and entry requirements to persons who manufacture emissions control or process equipment or who may have information relevant to emissions sources. Exempts from interstate pollution abatement requirements States with permit programs approved under title IV of the Clean Air Act. Exempts concentrations of particulate matter attributable to increases in fugitive emissions from surface coal mines for purposes of determining compliance with maximum allowable increases in ambient concentrations of particulate matter. Revises provisions concerning pollutant increments and preconstruction requirements to lower the ceilings on maximum allowable increases in concentrations of sulfur dioxide and particulate matter. Authorizes the Administrator, in the case of pollutants other than sulfur dioxide or particulate matter for which standards are promulgated or revised, to promulgate or revise air quality increments or other regulations to prevent the significant deterioration of air quality which would result from emissions of such pollutants. Permits the Administrator, if the indicator for the particulate matter air quality standard has been changed, to modify the maximum allowable increases in particulate matter specified under this Act. Provides that the Administrator's interpretation of State implementation plans shall, if contested by a State or other party, be given deference by a court if the interpretation concerns compliance with the requirements of the Clean Air Act and is rational. Repeals provisions concerning financial disclosure and conflicts of interest. Authorizes the Administrator to assess the risks to ecosystems from exposure to criteria air pollutants. Makes technical and conforming amendments. Title II: Provisions Relating to Mobile Sources - Directs the Administrator to promulgate regulations requiring the use of clean alternative fuel in new urban buses operated primarily in MSAs with populations over 1,000,000. Establishes a schedule for the phasing-in of such program, to require the use of such fuels by all model year 1994 buses. Limits emissions of particulate matter from such buses. Permits a delay of up to two years for the application of such requirements if the Administrator determines that such delay will advance the technology, improve the benefits, or lower the costs of the urban bus program. Requires the Administrator to establish a program to increase the number of clean-fuel vehicles in the most serious ozone nonattainment areas. Directs the Administrator to promulgate regulations to establish performance standards for such programs, based on the long-term reductions in ozone-producing and toxic air emissions anticipated to result from the use of such fuels. Requires the following amount of clean-fuel vehicles to be produced and sold: (1) 500,000 in model year 1995; (2) 750,000 in model year 1996; and (3) 1,000,000 in model years 1997 through 2004. Authorizes the Administrator to grant credits toward emissions standards compliance to manufacturers who sell clean-fuel vehicles that achieve emissions reductions greater than required or sell more of such vehicles than required. Permits such manufacturers to transfer credits to other manufacturers. Requires at least one clean fuel to be sold at service stations dispensing an average of at least 50,000 gallons per month in clean-fuel vehicle areas. Permits the Administrator, if the sale of such vehicles has created a demand for such fuels outside the areas in which they are sold, to make such fuels available in major nationwide transportation corridors. Requires clean-fuel vehicles to be sold in: (1) certain Serious or Severe ozone nonattainment areas with populations over 250,000; or (2) any other area, at the request of a State Governor and with the approval of the Administrator. Permits State Governors to request the Administrator to increase the number of clean-fuel vehicles to be sold in an area. Requires the Administrator, in developing clean-fuel regulations, to hold at least one public hearing and to consider the environmental, energy, economical, health, national security, and safety implications of such program. Authorizes the Administrator to require manufacturers, distributors, and retailers of motor vehicles or motor vehicle fuels to maintain records, make reports, and provide information regarding such vehicles and fuels. Makes such records, reports, and information available to the public, with the exception of any information considered to be a trade secret. Sets standards for emissions of: (1) hydrocarbons from light duty vehicles (passenger cars) manufactured after 1979 and light duty trucks manufactured after 1993; (2) carbon monoxide from light duty vehicles manufactured after 1980 and light duty trucks manufactured after 1993; and (3) nitrogen oxides from light duty vehicles manufactured after 1980. Applies high altitude regulations requirements to light duty trucks manufactured after 1983. Requires the Administrator to set carbon monoxide emissions standards for light duty vehicles and light duty trucks operated at 20 degrees Fahrenheit. Provides that such standards shall be met by averaging emissions levels established for engine families. Directs the Administrator, no later than December 31, 1993, to complete a study assessing the need for further reductions of carbon monoxide emissions and the maximum reductions achievable from light duty vehicles and light duty trucks manufactured after 1997 when operated at 20 degrees Fahrenheit. Authorizes the Administrator to promulgate further cold temperature regulations for carbon monoxide emissions from such vehicles and heavy duty vehicles. Permits the Administrator to promulgate regulations for evaporative emissions of hydrocarbons from gasoline-fueled motor vehicles during operation and over two or more days of nonuse, under ozone-prone summertime conditions. Requires the Administrator to study the need for and feasibility of controlling emissions of unregulated toxic air pollutants associated with motor vehicles and motor vehicle fuels. Allows the Administrator to promulgate regulations requiring: (1) manufacturers to install emissions malfunction diagnostic systems on all new motor vehicles and engines; and (2) States with implementation plans to revise such plans to provide for inspection of such systems. Revises provisions concerning the promulgation of regulations for heavy duty vehicles. Requires the Administrator to study the practice of rebuilding heavy duty engines and the impact of such rebuilding on engine emissions. Authorizes the Administrator to prescribe requirements to control rebuilding practices. Permits the Administrator to set emissions standards for nonroad engines and vehicles. Prohibits the use of emissions control systems in such engines or vehicles if the operation of such systems will cause or contribute to an unreasonable risk to public health or safety. Requires the Administrator to add test procedures to vehicle certification regulations to determine whether light duty vehicles and light duty trucks manufactured after 1992 will pass inspection methods under conditions likely to be encountered in inspection and maintenance programs. Prohibits the Administrator from granting a certificate to any vehicle or engine not passing the test. Directs the Administrator, to the maximum extent feasible, to prescribe regulations permitting manufacturers to comply with emissions standards through averaging of emissions of vehicle or engine families within a manufacturer's fleet. Requires the Administrator to apply specified standards to nonconforming emissions of: (1) hydrocarbons from light duty vehicles or engines manufactured after 1992; and (2) hydrocarbons and carbon monoxide from light duty trucks manufactured after 1993. Permits the Administrator to require a manufacturer to: (1) audit the effectiveness of repairs made to remedy such nonconformities; and (2) procure or test in-use vehicles to determine whether a notice of nonconformity or failure should be issued. Authorizes the Administrator to promulgate regulations establishing fees to recover all costs to the U.S. Government associated with vehicle or engine certification and compliance monitoring and testing and vehicle fuel economy programs under the Motor Vehicle Information and Cost Savings Act. Provides for the deposit of such fees in a special U.S. Treasury fund. Authorizes representatives of the Administrator to enter any manufacturer's establishment, at reasonable times, for purposes of inspecting or observing any activity associated with motor vehicle manufacturing or testing. Requires the Administrator to promulgate regulations to: (1) make it unlawful for any person to introduce into commerce gasoline whose Reid Vapor Pressure exceeds nine pounds per square inch; and (2) establish more stringent Reid Vapor Pressure standards to achieve comparable evaporative emissions. Provides that such regulations shall take effect no later than the high ozone season for 1992. Permits gasoline containing between nine and ten percent ethanol (by volume) to exceed the applicable Reid Vapor Pressure by up to one pound per square inch. Makes it unlawful, effective October 1, 1993, to introduce into commerce motor vehicle diesel fuel which contains sulfur in excess of .05 percent (by weight) or which fails to meet a cetane index minimum of 40. Permits the Administrator to require manufacturers and importers of diesel fuel not used in motor vehicles to dye such fuel to segregate it from motor vehicle diesel fuel. Sets a sulfur content limit for diesel used in model years 1991 through 1993 heavy duty vehicles and engines. Authorizes the Administrator to control the introduction into commerce of any fuel for nonroad engines or vehicles. Makes it unlawful for manufacturers of fuels or fuel additives to introduce into commerce, or increase the concentration in use of, any fuel or fuel additive for use in motor vehicles manufactured after 1974 which is not substantially similar to a fuel or additive utilized in the certification of any subsequent model year vehicle or engine. Requires the Administrator to promulgate regulations that allow manufacturers or fuel refiners to control emissions from motor vehicles and fuels by means different than required vapor recovery measures as long as the alternative measures achieve equivalent reductions over the same time period. Requires such regulations to establish performance standards for motor vehicles and fuels marketed in certain Serious or Severe ozone nonattainment areas with populations of at least 250,000. Permits averaging of such reductions if such averaging achieves reductions equivalent to those achieved by compliance with performance standards. Prohibits the manufacture or sale of any part which bypasses or renders inoperative any device installed on motor vehicles or engines in compliance with this title. Increases penalties for certain violations of the Clean Air Act. Authorizes the Administrator to commence a civil action to recover such penalties, subject to certain limitations. Sets forth judicial review and collection provisions, including requirements for the imposition of nonpayment penalties. Expands the scope and increases the amount of penalties for fuel regulations violations. Prohibits the introduction of leaded gasoline into any motor vehicle manufactured after 1989 which is designed solely for the use of unleaded gasoline. Repeals specified provisions concerning: (1) a study concerning aircraft emissions; (2) reporting requirements; (3) waivers of emissions standards; (4) propulsion and emissions control systems; and (5) exemptions from emissions control systems modifications. Title III: Hazardous Air Pollutants - Establishes a list of hazardous air pollutants. Provides for additions to or deletions from such list, based upon the degree to which a pollutant is known to cause cancer or any other chronic or adverse health effects in humans. Permits any person to petition the Administrator for modifications to such list. Requires the Administrator to list and establish emissions standards for all categories of major and area sources of such pollutants. Authorizes the Administrator to set emissions standards for radionuclides from such sources separately from regulating such pollutants. Requires such standards to be no less stringent than standards achieved by the best controlled similar source. Directs the Administrator to review and revise such standards, as necessary. Establishes a timetable for the promulgation of such standards, requiring standards for all categories within ten years of this Act's enactment. Requires compliance by existing sources within six years of the promulgation of such standards. Directs the Administrator, within seven years of the promulgation of such standards, to evaluate the risks remaining to public health after the promulgation of such standards. Requires the Administrator, if the application of such standards presents an unreasonable risk, to promulgate standards to protect adequately against such risk. Authorizes States with approved programs to issue permits providing for alternative emissions limitations from major sources or extensions of compliance dates for certain existing sources. Requires such limitations to be approved by the Administrator. Permits the Administrator to grant compliance extensions to sources in States without approved programs. Prohibits: (1) the construction of any new major source subject to standards under this title unless the Administrator or a State with an approved program determines that such source complies with such standards; and (2) the operation of any source subject to such standards, except in compliance with such standards. Requires the Administrator to establish and maintain an air toxics clearinghouse and centers to provide technical information and assistance to State and local agencies. Authorizes the Administrator to conduct research on methods for preventing, measuring, and controlling emissions and evaluating associated health and ecological risks. Permits the President to exempt any source from standards for up to two years if it is in U.S. national security interests to do so. Authorizes additional two-year extensions of such exemptions. Requires the President to report to the Congress on each exemption or extension. Authorizes appropriations. Directs the Administrator to study and report to the Congress on the anticipated health hazards resulting from pollutant emissions by electric utility steam generating units after imposition of this Act's requirements. Requires the Administrator to describe alternative control strategies for emissions warranting regulation under this Act. Title IV: Permits - Makes it unlawful to violate any permit requirement or to operate a source subject to standards under the Clean Air Act, except in compliance with a permit. Authorizes the Administrator to exempt sources from permit requirements if consistent with the purposes of this Act. Directs the Administrator to promulgate regulations establishing the minimum elements of a permit program to be administered by any air pollution control agency. Requires such program to include requirements for: (1) permit applications; (2) monitoring and reporting; (3) permit fees of at least $25 per ton of each regulated pollutant to be increased in accordance with the Consumer Price Index; (4) adequate personnel and funding; (5) certain authorities for the permitting authority; and (6) adequate procedures for public notice and comment on permit applications. Authorizes the Administrator to collect fees from any source if determined that the permitting authority is not adequately administering or enforcing a permit program. Requires sources that fail to pay fees to the Administrator to pay penalties of 50 percent of the fee amount plus interest. Requires such fees to be used to support the air pollution control program of a State or interstate agency. Directs State Governors to submit: (1) permit programs to the Administrator within three years of this Act's enactment; and (2) legal opinions from the attorney general that the laws of the State, locality, or interstate compact provide adequate authority to carry out such program. Sets forth approval and modification procedures for such programs. Authorizes the submission and approval of partial permit programs which meet certain minimum requirements. Provides that approval of a partial program shall not relieve a State of its obligation to submit a complete program. Sets forth interim approval, administration, and enforcement procedures. Requires owners or operators of regulated sources to submit compliance plans with permit applications and to periodically certify that such facilities are in compliance with this Act's requirements. Makes permit applications, compliance plans, monitoring reports, certifications, and permits available to the public. Requires permits to include emissions limitations and standards, schedules of compliance, and such other conditions as are necessary to assure compliance with applicable requirements. Authorizes the Administrator to prescribe procedures for determining compliance and for monitoring and analysis of pollutants regulated under this Act. Requires permits to set forth inspection, entry, monitoring, compliance certification, and reporting requirements. Authorizes permitting authorities to issue: (1) general permits covering numerous similar sources; or (2) single permits authorizing emissions from similar operations at multiple temporary locations. Requires owners or operators of temporary sources to notify the permitting authority in advance of any change in location of such sources. Authorizes the permitting authority to require separate fees for operations at each location. Allows the reissuance or modification of permits which provide for less stringent emissions limitations or other requirements under certain conditions. Requires permitting authorities to: (1) submit to the Administrator any application for alternative emissions limitations or permit modifications; and (2) notify all States contiguous to the State in which the emissions originate of each permit application and provide an opportunity for such States to submit recommendations regarding such permit. Sets forth provisions concerning: (1) issuance or denial of permits; (2) waivers of notification requirements; and (3) notifications to States regarding termination, modification, revocation, or reissuance of permits. Title V: Acid Deposition Control - Declares that the purpose of this title is to achieve nationwide reductions in annual emissions of: (1) sulfur dioxides of approximately 10,000,000 tons from 1980 emissions levels (in two phases); and (2) nitrogen oxides of 2,000,000 tons relative to levels in 2000. Directs the Administrator to transfer annual allowances to owners or operators of affected sources in amounts equal to the annual tonnage emissions limitations under this Act. Continues the allocation of such allowances to an owner or operator if an existing affected unit is removed from commercial operation. Permits the transfer of such allowances between owners or operators, subject to certain limitations. Requires the Administrator to promulgate regulations to establish an allowance system which shall provide for unused allowances to be carried forward and added to allowances for subsequent years. Provides for the trading of sulfur dioxide and nitrogen oxide allowances, including the crediting of nitrogen oxide reductions in phase I against those required in phase II. Subjects trades in nonattainment areas to the approval of the Administrator. Requires owners or operators of new units to hold allowances equal to the annual tonnage of sulfur dioxide emitted by such units after December 31, 2000. Makes such units ineligible for allocations of sulfur dioxide allowances. Permits such units to obtain allowances from any unit allocated allowances under this title. Makes it unlawful to hold or transfer any allowance, except in accordance with regulations issued by the Administrator. Lists affected sources and units and their sulfur dioxide allowances. Provides that existing steam-electric units with nameplate capacities of 100 MWe or greater that emit sulfur dioxide at a specified annual rate between this Act's enactment date and 2001 shall be considered to be affected units. Sets emissions limitations for such sources. Authorizes owners or operators of affected units to submit proposals to the Administrator to reassign sulfur dioxide emissions requirements to any other unit under their control. Sets forth approval procedures for such proposals. Provides that existing steam-electric units with nameplate capacities of 75 MWe or greater and with specified 1985 emissions rates shall be affected units for purposes of this Act after December 31, 2000. Subjects such units to specified emissions limitations after such date. Prohibits existing steam-electric units, after December 31, 2000, from exceeding annual emissions rate requirements equal to actual 1985 emissions rates. Requires nitrogen oxide emissions rate requirements to be met in the second phase by coal-fired steam-electric units with nameplate capacities of 75 MWe or greater. Sets nitrogen oxide emissions limitations for such units after December 31, 2000. Requires this title to be implemented by permits that prohibit exceedances of sulfur dioxide and nitrogen oxide emissions rates, limitations, or allowances or contravention of any permit provisions. Requires permits to be accompanied by compliance plans. Authorizes the Administrator to require: (1) a demonstration of attainment of national air quality standards for sources; and (2) an integrated compliance plan from owners or operators of two or more sources. Directs the Administrator to issue permits to listed affected sources. Sets forth permit application and approval procedures. Requires the Administrator to promulgate regulations to implement a Federal permit program for affected sources. Directs owners or operators submitting phase I permit applications and compliance plans to request certifications from State Governors that such applications and plans are in compliance with State law. Permits such certifications to preclude the use of coal produced outside the State at such sources. Waives such requirements if the Governor fails to act on such a request. Establishes deadlines for phase II sulfur dioxide emissions and nitrogen oxide emissions requirements with respect to: (1) the submission of permit applications and compliance plans; (2) the issuance of permits by States to affected sources; and (3) the issuance of allowances by the Administrator. Requires the Administrator, if a State fails to issue permits by the required deadline, to issue such permits by July 1, 1997. Directs States to submit permit programs for new units to the Administrator. Sets deadlines for the submission of permit applications and compliance plans for such units. Authorizes the submission of revised applications or plans. Makes it unlawful to: (1) fail to submit an application or plan in accordance with deadlines; or (2) operate any source, except in compliance with a permit program. Requires owners or operators of existing sources to: (1) demonstrate to the permitting authority that one or more units will be repowered with a qualifying clean coal technology by January 1, 1998; and (2) provide, as part of such demonstration, documentation of a preliminary design and engineering effort for such repowering, an executed contract for the majority of the repowering equipment, and such other information as may be required, by December 31, 2000. Grants owners or operators satisfying such requirements extensions of emissions limitations or rate requirements for such units from December 31, 2000, to December 31, 2003. Provides that qualifying sources that increase emissions of a pollutant relative to potential pre-repowering levels shall not be subject to requirements of title I of the Clean Air Act for such pollutant if the owners or operators of such sources demonstrate that the increased emissions will not: (1) cause or contribute to an exceedance in any area of a national air quality standard or of a maximum allowable increase in concentrations under such Act; (2) interfere with reasonable progress; or (3) result in an adverse impact on visibility or air quality related values in any Class I area under part C of title I of such Act. Directs the Administrator, for the period of an extension, to grant annual allowances for sulfur dioxide to the owners or operators of affected sources. Prohibits the transfer or use of such allowances by any other source to meet emissions requirements under this title. Requires owners or operators to notify the Administrator in advance of the date on which the affected unit is to be removed from operation to install repowering technology. Establishes emissions rates and allowances for such sources. Makes it unlawful to fail to comply with such requirements. Authorizes owners or operators of existing units that emit sulfur dioxide or nitrogen oxides to elect to designate such sources as affected units. Requires such designations to be submitted to the Administrator for approval. Directs the Administrator to establish a baseline for such units based on fuel consumption and operating data from 1985 through 1987. Establishes emissions limitations for such sources. Applies allowance and permit requirements for affected sources to designated affected sources. Authorizes the Administrator to establish a program for the designation of process sources as affected sources. Prohibits designated sources from transferring or banking allowances produced as a result of reduced utilization or shutdown. Makes owners or operators of affected sources that emit excess sulfur dioxide and nitrogen oxides liable for the payment of an excess emissions fee based on excess tonnage. Requires such individuals to: (1) offset the excess emissions by an equal tonnage amount in the following year or such period as the Administrator may prescribe; and (2) submit a plan to achieve such offsets to the Administrator. Directs the Administrator to: (1) deduct allowances equal to the excess tonnage from those issued for the source for the years following the year in which the excess emissions occurred; and (2) adjust the fee for inflation, based on the Consumer Price Index, beginning in 1996. Makes it unlawful for liable owners or operators to fail to comply with such requirements. Requires sources subject to this title to install and operate continuous emission monitoring systems (CEMS) and to assure the data for sulfur dioxide, nitrogen oxides, opacity, and volumetric flow for each unit. Directs the Administrator to specify the requirements for CEMS, alternative methods that provide reliable and timely information, and recordkeeping and reporting of information from such systems. Sets first and second phase deadlines for compliance with such requirements. Requires the Administrator to prescribe means for calculating emissions for any unit for which CEMS data is not available. Makes it unlawful to operate any source not in compliance with CEMS requirements. Deems excess emissions from an affected source to be a violation of this Act, with each ton emitted in excess of allowances constituting a separate violation. Requires the Administrator to assess and report to the Congress on the environmental effects of emissions reductions under this title. Directs the Federal Energy Regulatory Commission (FERC) to establish a demonstration program for regulatory incentives to promote the development of clean coal technologies and other control technologies to limit power plant emissions. Requires such incentives to include: (1) an incentive rate of return for clean coal or other technologies that recognizes their inherent risk; and (2) a ten to 20 year amortization period to recover the capital costs of such technologies. Provides that: (1) the program will have a five year life; (2) the program will cover no more than four units in each technology class; and (3) technology classes eligible for the program should be likely to realize significant cost reductions when employed. Requires FERC to review the merits of the program and determine whether it should be extended or made permanent. Requires FERC to establish a process for negotiating with potential developers of clean coal or other control technologies to agree upon cost caps for future projects and preapproval of the prudency of expenses for such projects if the expenses fall within the agreed-upon cap. Directs the Administrator to promulgate regulations to revise existing clean coal technology requirements and to facilitate clean coal projects. Requires such regulations to address physical or operational changes to existing facilities for the installation, operation, or removal of such projects. Provides that the Federal share for a qualifying project shall be at least 20 percent of the total cost of such project. Encourages States and political subdivisions which regulate public utility rates and charges to provide additional incentives for the implementation of clean coal technologies. Title VI: Provisions Relating to Enforcement - Authorizes the Administrator to issue administrative penalties for certain violations of the Clean Air Act. Makes Federal enforcement procedures currently applicable to implementation plans applicable to permit programs. Authorizes the Administrator to ask the Attorney General to commence criminal actions against violators of specified provisions of such Act. Permits the Administrator to prohibit the operation of sources for specified violations. Revises penalty provisions of, and makes technical amendments to, such Act. Establishes fines and prison sentences for knowing failures to pay fees under such Act. Doubles the maximum punishment for specified subsequent violations. Prescribes fines and up to 15 years' imprisonment, or both, for knowing releases of hazardous substances that place another person in imminent danger of death or serious bodily injury. Makes organizations responsible for such releases subject to fines of up to $1,000,000 per day for each violation. Limits the Administrator's authority to assess certain administrative penalties to matters where the total penalty does not exceed $200,000 and the first violation occurred no more than 12 months prior to the initiation of the administrative action, with specified exceptions. Authorizes the Administrator to implement a field citation program for appropriate minor violations for the purpose of assessing civil penalties of up to $5,000 per day for each violation. Sets forth provisions concerning judicial review and civil actions with respect to the assessment of such penalties. Outlines criteria to be considered by the court in determining the assessment of penalties. Authorizes the Administrator to pay rewards of up to $10,000 for information or services leading to criminal convictions or judgments of liability for violations of the Clean Air Act. Makes Federal, State, and local officials or employees ineligible for such rewards. Authorizes the Administrator to require owners or operators of sources subject to such Act to: (1) keep records on control equipment parameters, production variables, or other indirect data when direct emissions monitoring is impractical; and (2) submit compliance certifications. Directs the Administrator to require enhanced monitoring and submission of compliance certifications from owners or operators of major stationary sources. Authorizes the Administrator to apply such requirements to any other source. Makes such information available to the public. Removes an exemption for public disclosure of emission source records that may be trade secrets. Repeals a provision concerning penalties for violations of administrative orders. Authorizes the Administrator to extend a prohibition on Federal procurement from violators of the Clean Air Act to contracts performed at any facility owned or operated by such persons. (Current law prohibits such procurement for contracts to be performed at facilities where the violation occurred.) Authorizes the assessment of civil penalties for violations of such Act. Requires such penalties to be deposited in a special Treasury fund and to be available to finance air compliance and enforcement activities. Revises provisions concerning citizen suits under such Act. Requires the Administrator to take necessary measures to prevent the operation, construction, or modification of certain major emitting facilities. Makes noncomplying stationary sources subject to penalties. Title VII: Miscellaneous Provisions - Authorizes the Administrator to make grants to air pollution control agencies in amounts up to three-fifths of the total cost of programs for the prevention and control of air pollution or implementation of national standards. Grants agencies contributing less than the required two-fifths minimum three years to attain the minimum level. Reduces the Federal contribution to agencies which fail to meet such minimum. Requires at least one-half of one percent of the annual State grant appropriation to be for grants to air pollution control agencies. Prohibits agencies from receiving grants during any fiscal year when expenditures of non-Federal funds for recurrent expenditures for air pollution programs will be less than expenditures for such programs during the preceding fiscal year. Requires the Administrator to revise current regulations defining nonrecurrent and recurrent expenditures to consider exempting agencies with acceptable periodic increases from such limitations. Authorizes the Administrator to award grants to agencies not meeting such requirements if it is determined that a reduction in expenditures is attributable to a non-selective reduction in the expenditures of applicable Federal agencies. Decreases the Federal contribution to interstate air quality agencies. Repeals provision concerning annual reporting requirements. Requires the Administrator to study and report to the Congress on the role of ozone precursors in tropospheric ozone formation and control. Revises provisions (including deadlines) concerning the issuance and revision of criteria for national air quality standards. Establishes within the EPA an Air Pollutant Release Investigation Board to investigate major life-threatening releases of air pollutants. Excludes from such investigations releases associated with nuclear incidents and transportation-related releases. Requires the Board to make reports on such releases to the Congress and, upon reasonable cost, to the public.
United States · United States Congress · 3 August 1989
Commends the Honorable John O. Marsh, Jr., Secretary of the Army, for his dedicated and exemplary public service.
United States · United States Congress · 1 August 1989
Provides an exemption from the reduction in retirement pay because of reemployment for Federal annuitants and former members of a uniformed service who become reemployed with a temporary position within the Bureau of the Census to assist in carrying out the 1990 decennial census.
United States · United States Congress · 20 July 1989
Commends all volunteers of the United States and the Hugh O'Brian Youth Foundation.
United States · United States Congress · 18 July 1989
Constitutional Amendment - Declares that the Congress and the States shall have power to prohibit the physical desecration of the U.S. flag.
United States · United States Congress · 12 July 1989
Police Corps Act - Establishes an Office of the Police Corps within the Justice Department to be headed by a Director. Authorizes the Director of the Office of the Police Corps to agree to repay the educational loans of State Police Corps program participants and reimburse them for educational expenses of up to $40,000 following their completion of: (1) an educational course of study; (2) Federal training; and (3) four years of State or local police force service. Limits participants in such programs to 25,000 people per year. Declares that the Director's obligation to pay a participant's educational expenses shall be void and the Director shall be entitled to recover from the participant the amount of any interest on an educational loan that the Director has paid if the participant fails to complete the educational study, Federal training, and required service unless the failure is the result of death or permanent disability. Entitles a dependent child of a law enforcement officer who is not a program participant and who is killed in the line of duty to the educational assistance authorized in this Act without incurring any service obligation. Sets forth selection criteria of and qualifications for participants for State Police Corps programs. Requires each State participating in the Police Corps to make special efforts to seek and recruit minorities without relaxing admission standards. Requires the Director to establish up to three training centers to provide basic law enforcement training to State Police Corps program participants. Requires participants to attend two eight-week training sessions at such training centers and to meet certain performance standards in order to remain in the Police Corps program. Requires the Director to pay participants a weekly stipend during training. Establishes a nine-member Board of Directors to administer such training centers. Requires the Director to serve as chairman of the Board. Requires a State, in order to participate in the Police Corps program, to submit a plan for implementing such program to the Director for approval. Requires such plan to: (1) include assurances that participants will receive additional State or local training after completing Federal training which shall count toward the four-year service obligation; and (2) provide that program participants shall be assigned to community and preventive patrol in geographic areas with the greatest need for additional law enforcement personnel. Provides for the swearing in of participants as members of the police force to which they are assigned after completing Federal training and meeting the requirements of that police force. Requires the Director to report annually to the President and the Congress. Authorizes appropriations.
United States · United States Congress · 23 June 1989
Amends the Federal Aviation Act of 1958 to prohibit any person from acquiring a controlling interest in an air carrier unless the Secretary of Transportation has determined that the acquisition will not adversely and materially affect such air carrier's ability to conduct air transportation in a manner consistent with the highest degree of safety.
United States · United States Congress · 23 June 1989
Designates the decade beginning January 1, 1990, as the Decade of the Brain.
United States · United States Congress · 23 June 1989
Urges the Government of Iran to extend to the Bahai community the rights guaranteed by the Universal Declaration of Human Rights and other human rights accords. Calls upon the President to: (1) emphasize the need for improvements in Iran's treatment of the Bahais and other religious minorities as an important factor in the development of U.S.-Iranian relations; (2) encourage other governments to appeal to Iran concerning the situation of the Bahais; (3) cooperate with other governments and international organizations in appealing for the protection of the religious rights of the Bahais; and (4) provide, and urge others to provide, refugee and humanitarian assistance for the those Bahais fleeing their homelands because of religious repression.
United States · United States Congress · 22 June 1989
Constitutional Amendment - Declares that the Congress and the States have the power to prohibit the desecrating, mutilating, defacing, defiling, or burning of the U.S. flag.
United States · United States Congress · 22 June 1989
Declares that the Senate: (1) expresses its disappointment that the Texas statute prohibiting the desecration of the flag was found to be unconstitutional; (2) expresses its commitment to preserving the honor and integrity of the flag; (3) intends to make a study of the impact of the Supreme Court decision on Federal and State laws and to seek ways to restore sanctions against such conduct; and (4) urges the American people to continue to display proudly the American flag.
United States · United States Congress · 6 June 1989
Mining Law of 1989 - Title I: Definitions - Defines the terms used in this Act. Title II: Disposition of Mineral Deposits - Authorizes prospecting on locatable lands subject to the regulations of the Federal surface managing agency. Declares that all locatable lands shall be open for location of an exploration claim. Limits claims to 20 acres. Sets forth the filing requirements for exploration claims and mineral patent applications (including minimum expenditure requirements). Authorizes the use of Federal surface lands if the Secretary of the Interior determines that such lands are required to support mineral development and production activities. Reserves to the United States all rights and interests in locatable lands (except hardrock minerals covered by a valid mineral patent). Title III: Environmental Protection - Directs the Secretary of the Interior and the Secretary of Agriculture to issue regulations insuring that mineral prospecting and development are conducted in a manner which minimizes adverse impacts on the environment and complies with Federal and State land resource management plans. Sets forth land reclamation guidelines. Requires the owner of an exploration claim or mineral patent to file a performance bond sufficient to insure complete and timely reclamation of the mined area. Title IV: Disposition of Receipts - Outlines a receipts disposition scheme under which the Secretary of the Treasury pays to the State within which the hardrock mineral deposit boundaries are located 50 percent of specified receipts. Title V: Existing Claims - Imposes a moratorium for new mining claims and patents under the Mining Law of 1872. Requires the owner of a valid mining claim to elect either to relocate the claim under this Act or to maintain it under certain other laws and in keeping with specified requirements (including specified annual assessment work payments).
United States · United States Congress · 18 May 1989
Merrimack River Study Act of 1989 - Amends the Wild and Scenic Rivers Act to designate a specified segment of the Merrimack River, New Hampshire, for study as a potential addition to the National Wild and Scenic Rivers System. Requires such study to be completed not later than three years after enactment of this Act.
United States · United States Congress · 18 May 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 · 11 May 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 collections. Grants the Trustees authority to: (1) establish policy with respect to 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. Authorizes the Board of Regents to: (1) designate affiliate museums of the Museum in certain U.S. regions and in Alaska and Hawaii; and (2) establish an advisory council within each such region or State to oversee Museum curation and acquisitions and to provide necessary technical assistance for such affiliate museums. Directs the Board of Regents to: (1) identify the geographic and tribal origins of the skeletal remains of Indians and Alaska Natives in the Smithsonian; (2) conduct a study and make recommendations as to the final disposition of such remains; (3) consult with Native American traditional religious leaders in making such recommendations; and (4) report to the Congress within three years after this Act's enactment on the identity of such skeletal remains and the findings and recommendation of such study. Pledges that the United States will provide the funds needed to maintain and operate the Museum. Authorizes appropriations.
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. Revises 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 basis rather than monthly. Increases the credit in connection with buildings in high cost areas (low-income census tracts or difficult development areas). Establishes special rules for determining the eligible basis and applying at-risk rules in connection with qualified buildings acquired in foreclosures.
United States · United States Congress · 10 May 1989
Designates September 15, 1989, as National POW/MIA Recognition Day.
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 Communication 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
Expresses the sense of the Senate that: (1) Japan has not lived up to the terms of the 1986 agreement regarding the Japanese semiconductor market; (2) the administration should convey this message to Japan; (3) the President, the U.S. Trade Representative (USTR), the Secretary of State, and the Secretary of Commerce should seek full access to the Japanese market for semiconductors; and (4) the President and the USTR should take measures to achieve compliance with such agreement.
United States · United States Congress · 19 April 1989
Consumer Protection Against Price-Fixing Act of 1989 - Amends the Sherman Act to set forth evidentiary standards for price-fixing actions. Requires the court to allow the issue of concerted action to fix prices to be decided by the trier of fact if there is sufficient evidence from which a trier of fact could reasonably conclude that: (1) the supplier of a good or service received from a competitor of a reseller an express or implied suggestion, request, or demand that the supplier take steps to curtail or eliminate price competition; and (2) sales or supplies to the reseller were terminated by the supplier because of such communication. Prohibits the court from allowing the trier of fact to consider whether an individual and a competitor engaged in concerted action to set prices in violation of this Act if the court determines that the trier of fact could only find concerted action by making implausible inferences. Provides that the fact that a supplier and a reseller entered into an agreement to establish the resale price of a good or service shall be sufficient to constitute a price fixing violation, except when the agreement is to establish the maximum resale price of a good or service. Specifies that an agreement between the seller and the purchaser of a good or service to terminate another purchaser as a dealer or to refuse to supply such other purchaser because of that purchaser's pricing policies violates this Act, regardless of whether or not a specific price or price level is agreed upon.
United States · United States Congress · 11 April 1989
Declares that the purpose of this Act is to implement the Bipartisan Accord on Central America of March 24, 1989. Authorizes the President to transfer to the Agency for International Development (AID) unobligated funds from specified defense appropriations accounts for: (1) humanitarian assistance (including transportation expenses) to the Nicaraguan Resistance to be available through February 28, 1990; and (2) operating expenses of AID. Limits the total amount of funds that may be transferred for such purposes. Requires the transportation of such assistance to be arranged solely by AID in a manner consistent with the Bipartisan Accord. Prohibits the transportation of any assistance not specified by this Act. Authorizes the President to transfer to AID an additional amount from the specified accounts for medical assistance for the civilian victims of Nicaraguan civil strife. Requires such assistance to be transported and administered by the Nicaraguan Catholic Church. Encourages the President to submit proposals for actions to: (1) provide additional economic assistance to the democratic countries of Central America; (2) facilitate the ability of Central American economies to grow through the development of infrastructure, expansion of exports, and increased investment opportunities; (3) provide a plan to assist Central American countries in managing debt; and (4) develop such initiatives in concert with Western Europe, Japan, and other democratic allies. Prohibits the obligation or expenditure of funds available under this Act to assist the Nicaraguan Resistance in military or paramilitary operations. Prohibits providing assistance under this Act to any group including an individual who has been found to engage in: (1) gross violations of internationally recognized human rights; or (2) drug smuggling or significant misuse of funds. Grants congressional oversight for assistance under this Act to specified congressional committees. Applies provisions of a specified Act concerning management and delivery of assistance to the Nicaraguan Resistance to assistance under this Act. Prohibits additional assistance to the Nicaraguan Resistance unless authorized specifically by a subsequent Act. Repeals title IX (Assistance for the Nicaraguan Resistance) of the Department of Defense Appropriations Act, 1989. Requires the Secretary of State to report to the Congress on progress in the peace and democratization process, including the use of assistance under this Act.
United States · United States Congress · 6 April 1989
Amends the Water Resources Research Act of 1984 to reauthorize the grant program for water resources research and technology institutes on a dollar-for-dollar matching basis for FY 1989 through 1993. Requires that such funds be used only for the reimbursement of direct cost expenditures incurred for the conduct of the water resources research program. Directs the Secretary of the Interior to conduct an evaluation of each institute every five years to determine if it qualifies for further support. (Currently the Secretary must make such determination every four years.) Extends the authorization of appropriations for the grant program from FY 1989 through 1993. Authorizes appropriations for FY 1989 through 1993 only for the reimbursement of the direct cost expenses of additional research by institutes which focuses on water problems and issues of a regional or interstate nature beyond those of concern only to a single State and which relates to specific program priorities identified jointly by the Secretary and the institutes. Requires such funds when appropriated to be matched on a not less than dollar-for-dollar basis by non-Federal sources. Extends the authorization of appropriations from FY 1989 through 1993 for the matching grant research program concerning any aspect of a water resource-related problem which the Secretary deems to be in the national interest. Authorizes appropriations to extend the technology grant program from FY 1989 through 1993. Requires rules and regulations issued prior to the date of enactment of the Water Resources Research Act of 1984 to remain in effect until superseded by new rules and regulations promulgated under this Act.
United States · United States Congress · 6 April 1989
Expresses the Senate's confidence, hope, and trust for those who will serve in the Senate during its third century.
United States · United States Congress · 5 April 1989
Educational Excellence Act of 1989 - Title I: Improving Elementary and Secondary Education - Part A: Presidential Merit Schools - Presidential Merit Schools Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to establish the Presidential Merit Schools Program to recognize and reward public and private elementary and secondary schools that have made substantial progress in: (1) raising student educational achievement, especially in reading, writing, and mathematics; (2) creating a safe and alcohol- and drug-free school environment; and (3) reducing the dropout rate. Authorizes appropriations for FY 1990 through 1993. Authorizes State educational agencies (SEAs) to designate as a Merit School any public or private elementary or secondary school nominated through procedures established by the SEA. Sets forth requirements for selection criteria established by the Secretary of Education (the Secretary) and by SEAs. Provides that each Merit School will be awarded a Presidential Certificate of Merit, as well as funds to further its educational program. Prohibits Federal, State, or local reduction of other assistance to a school because it receives such an award. Part B: Magnet Schools of Excellence - Magnet Schools of Excellence Act of 1989 - Amends ESEA to establish the Magnet Schools of Excellence Program of grants to support public elementary or secondary schools that: (1) offer the highest quality instruction in an academic or vocational discipline or create a unique and effective learning environment; (2) are open to students from beyond the immediate school attendance area; and (3) are capable of attracting students from a variety of backgrounds. Authorizes appropriations for FY 1990 through 1993. Sets forth criteria for selection of applications. Limits such grants to any one school to no more than two years and requires satisfactory progress in order to receive the grant for the second year. Prohibits Federal, State, or local reduction of assistance to a school because it receives such an award. Part C: Alternative Certification for Teachers and Principals - Alternative Certification of Teachers and Principals Assistance Act of 1989 - Amends ESEA to establish a program of assistance for Alternative Certification of Teachers and Principals. Authorizes appropriations for FY 1990. Repeals this part as of October 1, 1990. Part D: Presidential Awards for Excellence in Education - Amends ESEA to establish the Presidential Awards for Excellence in Education Program to recognize and reward outstanding elementary and secondary school teachers. Authorizes appropriations for FY 1990 through 1993. Makes any full-time public or private elementary or secondary school teacher of academic or vocational subjects eligible for such an award. Makes teachers of religion (other than religion as an academic discipline) ineligible. Allows various individuals, groups, or institutions to nominate teachers for such awards. Requires State panels to select award recipients using criteria approved by the Secretary. Sets the amount of such an award at $5,000, and allows the recipient to use it for any purpose. Part E: Effective Date - Sets the effective date of the amendments made by this title. Title II: National Science Scholars - Amends the Higher Education Act of 1965 (HEA) to establish the National Science Scholars Program to recognize student excellence and achievement in the physical, life, and computer sciences, mathematics, and engineering. Authorizes appropriations for FY 1990 through 1993. Authorizes the Secretary to award scholarships to outstanding students selected as National Science Scholars by the President. Allows students who satisfy certain requirements to receive such scholarships for the first year of undergraduate study and, if they satisfy additional requirements, additional scholarships to cover the remaining undergraduate years. Directs the Secretary to appoint a panel of experts to recommend academic achievement criteria for use in the nomination of scholars. Sets forth requirements for initial and continuation awards. Sets the scholarship amount at $10,000 for an academic year, but reduces such amount based on cost of attendance and other grant or scholarship assistance, and adjusts for insufficient appropriations. Requires that scholarship recipients, to the extent they are otherwise qualified, be given priority consideration for federally financed summer employment in research and development centers. Title III: Other Programs - Amends the Drug-Free Schools and Communities Act of 1986 to establish a Drug-Free Schools Urban Emergency Grants program. Authorizes appropriations for FY 1990 through 1993. Directs the Secretary to use program funds to award a small number of one-time grants to local educational agencies in urban areas with the most severe drug problems to assist them in developing and implementing comprehensive approaches to eliminating such problems. Amends HEA to authorize appropriations for FY 1990 through 1993 for special awards to historically Black colleges and universities. Makes institutions that receive such awards ineligible for other specified awards, and makes institutions that do not receive them eligible for those other awards.
United States · United States Congress · 17 March 1989
Grants a Federal charter to the Retired Enlisted Association, Incorporated.
United States · United States Congress · 17 March 1989
Repeals estate tax provisions of the Internal Revenue Code with respect to inclusion in the gross estate of the value of certain types of transfers with a retained life estate. Applies the repeal retroactively in connection with property transferred after December 17, 1987.
United States · United States Congress · 16 March 1989
General Aviation Accident Liability Standards Act of 1989 - Declares that this Act supersedes any State law regarding liability for general aviation accidents. Establishes guidelines for uniform standards of liability of general aviation manufacturers for general aviation accidents. States that all actions for harm arising out of a general aviation accident shall be governed by the principles of comparative responsibility. Establishes, with specified exceptions, a limitation of actions period of 20 years from delivery of aircraft or harm-causing part to the purchaser for general aviation civil liability brought against a general aviation manufacturer. Declares admissible as evidence certain income tax and payroll tax liability for purposes of establishing financial harm arising out of a general aviation accident. Permits the award of punitive damages if a claimant establishes by clear and convincing evidence that the harm suffered was the direct result of conduct manifesting conscious, flagrant indifference to safety. Establishes a two-year limitation of actions period for actions arising out of a general aviation accident. Declares the intent of the Congress that sanctions be strictly enforced for violations of Rule 11 of the Federal Rules of Civil Procedure, including orders to pay to the other party the reasonable costs of legal fees. Confers original jurisdiction upon the Federal district courts, concurrently with State courts, for all civil actions for harm arising out of a general aviation accident. Provides procedures for removal from State to Federal district courts of such actions.
United States · United States Congress · 16 March 1989
Amends the Federal criminal code to establish penalties for desecrating the United States flag by displaying it on the floor or ground.
United States · United States Congress · 16 March 1989
Designates the week of July 24 to July 30, 1989, as National Week of Recognition and Remembrance for Those Who Served in the Korean War. Authorizes and requests the President to urge that the American flag be flown at half staff on July 27, 1989, in honor of those Americans who died as a result of their service in Korea.
United States · United States Congress · 15 March 1989
Pollution Prevention Act of 1989 - Establishes within the Environmental Protection Agency (EPA) an office to promote pollution prevention through source reduction. Requires the EPA Administrator to develop and implement a source reduction strategy which: (1) establishes standard methods for measuring source reduction; (2) coordinates and promotes source reduction activities and techniques in Federal agencies, businesses, and educational curricula; (3) coordinates and streamlines data collection requirements under existing environmental statutes and identifies data gaps with respect to the measurement of hazardous substances, pollution, or contamination generation and management practices; (4) makes recommendations to the Congress to eliminate barriers to source reduction including the use of incentives; (5) develops and disseminates model source reduction auditing procedures designed to highlight source reduction opportunities; and (6) promotes source reduction for nonhazardous wastes. Directs the Administrator to make matching grants to States for programs to promote source reduction by businesses. Sets forth criteria to be evaluated in the awarding of such grants. Limits the percentage of funds for such programs that may be Federal funds to 75 percent in FY 1990 and 1991, 62.5 percent in FY 1992 and 1993, and 50 percent in FY 1994. Requires the Administrator to establish a Source Reduction Clearinghouse to compile a computer data base which contains information on management, technical, and operational approaches to source reduction. Directs the Administrator to make such information available to the public. Directs owners or operators of facilities required to file annual toxic chemical release forms under the Superfund Amendments and Reauthorization Act of 1986 (SARA) to include with each such filing a toxic chemical source reduction and pollution control report. Sets forth items to be included in such reports, including: (1) the quantity of each chemical entering any waste stream prior to recycling, treatment, or disposal during the reporting year, and the two years thereafter, and the percentage change from the previous year; (2) the source reduction practices used with respect to such chemicals; (3) a ratio of production in the reporting year to production in the previous year; (4) the total volume of each such chemical that was recycled, treated, or disposed during the reporting year; and (5) the amount of any hazardous substances, pollutants, or contaminants released which resulted from remedial action and not from current production processes. Directs the Administrator to collect certain waste stream information from a sample of facilities drawn from classifications producing the highest volume of toxic chemicals entering the waste stream. Makes provisions of SARA applicable to the reporting requirements of this Act. Directs the Administrator to make data collected under this Act publicly available in the same manner as data collected under SARA. Establishes the National Pollution Prevention Award. Directs the President or the Administrator to make the award to companies or organizations which have benefited the economic or social well-being of the United States through reduction in the generation of hazardous substances, pollutants, contaminants, or nonhazardous solid waste. Authorizes organizations which receive such award and agree to help other American organizations improve source reduction to publicize such award. Makes such organizations ineligible to receive another award in the same category for a period of five years. Authorizes the Administrator to establish categories to make such awards and sets forth application and qualification criteria. Authorizes the Administrator to seek and accept gifts from private and public sources to carry out such program. Requires the Administrator to report to the Congress by September 30, 1991, and biennially thereafter on actions and results of the source reduction strategy. Authorizes and allocates appropriations for FY 1990 through 1994.
United States · United States Congress · 15 March 1989
Working Family Child Care Assistance Act of 1989 - Amends the Internal Revenue Code to allow a taxpayer a refundable income tax credit of 14 percent of up to $7,143 of earned income (maximum credit of $1,000 per child) for each dependent under age four. Decreases the credit amount for taxpayers with adjusted gross income over $8,000. Indexes amounts related to the credit. Makes this credit and the employment-related dependent care credit mutually exclusive. Authorizes employers to make advance payments of credit amounts in accordance with regulations to be prescribed by the Secretary of the Treasury.
United States · United States Congress · 15 March 1989
Head Start Amendments of 1989 - Amends the Head Start Act to increase the amount authorized to be appropriated for FY 1990.
United States · United States Congress · 15 March 1989
Research and Experimental Credit Extension and Reform Act of 1989 - Amends the Internal Revenue Code to make permanent the income tax credit for qualified research expenditures by repealing the provisions that would terminate the credit for expenses incurred or paid after 1989. Revises the method for computing: (1) base period research expenses, adding a factor reflecting the gross national product growth rate; and (2) the tax credit, adding an alternative computation component. Applies the credit to in-house research expenses that the taxpayer pays or incurs for the principal purpose of using the research results in the active conduct of a future trade or business.
United States · United States Congress · 15 March 1989
Calls for the rejection of any proposed legislation that would require mail-order companies to collect out-of-State sales taxes.
United States · United States Congress · 9 March 1989
Sugar Supply Stabilization Act - Amends the Agricultural Act of 1949 to reduce sugar support price levels beginning in 1989. Increases sugar import levels for 1990 through 1993. Directs the Secretary of Agriculture to: (1) endeavor to reduce the difference between the sugar support price and the market stabilization price by using alternative methods to determine transportation differentials and regional loan rates; and (2) report to the appropriate congressional committees.
United States · United States Congress · 23 February 1989
Common Sense Budget Act of 1989 - Amends Federal law to require both the President and the Congress to draft a budget based on estimates of current fiscal year spending, proposing increases or decreases based on this level (rather than on an estimated baseline). Amends the Congressional Budget Act of 1974 to require the Congressional Budget Office to use such a current fiscal year baseline in its report to the congressional budget committees, projecting growth for entitlement and discretionary spending based on current fiscal year spending.
United States · United States Congress · 23 February 1989
Southeast Lighthouse Preservation Act of 1989 - Authorizes the Secretary of the department in which the Coast Guard is operating to convey the Block Island Southeast Lighthouse to the Block Island Southeast Lighthouse Foundation of the town of New Shoreham, Rhode Island. Provides for continued U.S. operation and maintenance of navigation aids in the lighthouse. Authorizes appropriations for a grant to the Foundation to carry out the provisions of this Act.
United States · United States Congress · 23 February 1989
Amends Federal law to prohibit any State from imposing an income tax on the pension income of any individual who is not a resident or domiciliary of that State.
United States · United States Congress · 22 February 1989
Declares that it is the sense of the Senate that neither the President nor the Congress should impose fees on imported crude oil and refined petroleum products.
United States · United States Congress · 9 February 1989
Expresses the sense of the Senate that the President should: (1) delay notifying the Congress of the sale of General Dynamics F-16 fighter aircraft technology to Japan for 60 days while a further review of such sale is made by specified executive departments; (2) examine such sale's impact on the competitiveness of the U.S. aerospace industry; and (3) submit within 60 days after enactment of this resolution a report containing his findings to the Senate Committees on Foreign Relations and Armed Services.
United States · United States Congress · 8 February 1989
Steel Import Stabilization Extension Act - Amends the Steel Import Stabilization Act to extend such Act for a five-year period.
United States · United States Congress · 8 February 1989
Acknowledges the distinguished public service of Michael J. Mansfield.
United States · United States Congress · 7 February 1989
Amends the Internal Revenue Code to extend through 1992 the period during which qualified mortgage bonds and mortgage credit certificates may be issued. (Under current law, authority for these programs is due to expire as of 1990).
United States · United States Congress · 7 February 1989
Repeals provisions of the Tax Reform Act of 1986 and the Technical and Miscellaneous Revenue Act of 1988 that establish new nondiscrimination requirements for coverage and benefits under certain statutory employee benefit plans. (The consequence is the repeal of section 89 of the Internal Revenue Code.)
United States · United States Congress · 31 January 1989
Equity for Rural Hospitals Act of 1989 - Directs the Secretary of Health and Human Services to design a legislative proposal for eliminating the differences in average standardized Medicare payments (under title XVIII of the Social Security Act) to large urban, other urban, and rural hospitals by FY 1995, while recognizing appropriate cost differences among hospitals. Amends the Medicare program to provide additional payments to Medicare-dependent, small rural hospitals up to FY 1992 (when the transition to a single average standardized Medicare payment rate is required to begin), ensuring the coverage of such hospitals' reasonable operating costs for Medicare inpatient hospital services. Requires the recomputation of Medicare sole community hospital payment rates using the most recent information on hospital-specific costs per case and, if greater, national rather than regional prospective payment rates. Includes, in the Secretary's determination as to whether a hospital is a sole community hospital, consideration of the travel time to the nearest alternative source of inpatient care and the number of patients who seek health services which are unavailable in the hospital's area. Establishes the Medicare Geographical Classification Review Board to decide on a rural hospital's application for classification as an urban hospital for Medicare payment purposes. Amends the Omnibus Budget Reconciliation Act of 1987 to alter the Rural Health Care Transition Grant Program to extend and increase authorized appropriations for such program through FY 1992, and permit the Secretary to waive the hospital grant limit. Expands, from four to ten hospitals, a Medicare demonstration program covering additional costs incurred by teaching hospitals in sending their residents to rural hospitals for training. Requires the Secretary to establish five-year Medicare demonstration programs covering costs incurred by five hospitals in providing clinical training to undergraduate nurses.
United States · United States Congress · 25 January 1989
State Energy Conservation Programs Improvement Act of 1989 - Amends the Energy Policy and Conservation Act to mandate that each State energy conservation plan which receives Federal assistance under the Act contain a specified reduction in energy consumption as one of its goals. Adds to Federal assistance eligibility prerequisites for proposed State energy conservation plans, including an emergency planning program for energy supply disruption and programs implementing all the functions currently performed by the Energy Extension Service. Repeals the National Energy Extension Service Act. Cites optional State energy conservation programs. Repeals the mandate for supplemental State energy conservation plans. Authorizes appropriations for energy conservation programs for FY 1990 through 1992. Establishes within the Department of Energy a State Energy Advisory Board to report annually to the Congress regarding recommended energy efficiency objectives, the technology transfer aspect of Federal research and development with respect to energy efficiency and renewable resources, and recommended changes with respect to State and Federal energy policies. Authorizes the use of loan programs and performance contracting for the non-Federal share of energy conservation project costs under the grant program. Cites conditions under which the Secretary is authorized to approve a State application for a waiver of: (1) the requirement that at least 40 percent of Federal weatherization assistance for low-income persons be used for weatherization materials; and (2) the limitations placed upon expenditures per dwelling unit for weatherization measures. Terminates the Performance Fund used for State weatherization assistance.
United States · United States Congress · 25 January 1989
Deceptive Mailings Prevention Act of 1989 - Amends Federal law to declare nonmailable any mail matter which constitutes a solicitation by a non-governmental entity: (1) for the purchase of or payment for products or services and which contains a seal, insignia, trade or brand name, or any other term or symbol which reasonably could be interpreted or construed as implying Federal Government connection, approval, or endorsement; and (2) for the contribution of funds or membership fees and which contains a seal, insignia, trade or brand name, or any other term or symbol which could reasonably be interpreted or construed as implying Federal Government connection, approval, or endorsement. Allows the mailing of such matter if it contains a conspicuous disclaimer that it is not a Government document. Establishes penalties for violations of this Act.