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Official portrait of Rep. Applegate, Douglas [D-OH-18]

Rep. Applegate, Douglas [D-OH-18]

United States · Official source

Records

2,329 records where Rep. Applegate, Douglas [D-OH-18] is listed as a sponsor, author, or other actor. Search with topics and years

Bill· HRH.R. 4195 (101st)referred

District of Columbia Retrocession Act of 1990

United States · United States Congress · 6 March 1990

District of Columbia Retrocession Act of 1990 - Retrocedes the District of Columbia to Maryland after Maryland's acceptance of such retrocession. Maintains the exclusive legislative authority and control of the Congress over the National Capital Service Area in the District of Columbia.

Bill· HRH.R. 4181 (101st)referred

Medicaid State Share Protection Amendments of 1990

United States · United States Congress · 6 March 1990

Medicaid State Share Protection Amendments of 1990 - Amends title XIX (Medicaid) of the Social Security Act to allow State Medicaid matching payments to include private funds donated by hospitals to the State and State taxes imposed with respect to the provision of Medicaid items and services.

Bill· HJRESH.J.Res. 505 (101st)referred

Making emergency supplemental appropriations for the fiscal year ending September 30, 1990, for urgently needed assistance for the homeless as authorized in the Stewart B. McKinney Homeless Assistance Act.

United States · United States Congress · 6 March 1990

Title I: Housing and Urban Development - Makes emergency supplemental FY 1990 appropriations for the emergency shelter grants program under the Stewart B. McKinney Homeless Assistance Act. Title II: Health and Human Services - Makes emergency supplemental FY 1990 appropriations for: (1) health services for the homeless under the Public Health Service Act; and (2) community mental health services for the homeless under the Public Health Service Act, as authorized in the Stewart B. McKinney Homeless Assistance Act.

Resolution· HCONRESH.Con.Res. 280 (101st)referred

To urge the President and the United States Trade Representative not to propose or support the inclusion of civil air transport services under the General Agreement on Trade in Services that is being negotiated under the auspices of the General Agreement on Tariffs and Trade.

United States · United States Congress · 5 March 1990

Urges the President and the United States Trade Representative: (1) not to include civil air transport services under the General Agreement on Trade in Services that is being negotiated under the General Agreement on Tariffs and Trade; nor (2) to require future negotiations to include such services under such Agreement.

Law· HRH.R. 4151 (101st)enacted

Augustus F. Hawkins Human Services Reauthorization Act of 1990

United States · United States Congress · 1 March 1990

Human Services Reauthorization Act of 1990 - Extends authorized appropriations from FY 1991 through 1994 to carry out programs under the following Acts: (1) the Head Start Act; (2) the Follow Through Act; (3) the State Dependent Care Development Grants Act; (4) the Community Services Block Grant Act; (5) the Child Development Associate Scholarship Assistance Act; and (6) the Low-Income Home Energy Assistance Act of 1981. Amends the Human Services Reauthorization Act of 1986 to extend authorized appropriations from FY 1991 through 1994 to carry out the grant program relating to demonstration partnership agreements addressing the needs of the poor.

Bill· HRH.R. 4160 (101st)referred

Black Lung Benefits Equity Act

United States · United States Congress · 1 March 1990

Black Lung Benefits Equity Act - Amends the Black Lung Benefits Act to provide that, when benefits are paid for at least two years after an initial determination of eligibility, repayment of such benefits will not be required even upon a final determination of ineligibility.

Resolution· HCONRESH.Con.Res. 273 (101st)referred

Expressing the sense of the Congress that the Polish Government should be included in talks relating to German unification.

United States · United States Congress · 28 February 1990

Calls for: (1) the United States to reaffirm its unequivocal support for the Polish-German border as set after World War II; (2) Chancellor Helmut Kohl to state unequivocally that such border will be respected and preserved; and (3) Poland to be included as an equal participant with the United States, the Soviet Union, the United Kingdom, and France in German unification discussions relating to the borders of a unified Germany and the security of neighboring countries.

Bill· HRH.R. 4089 (101st)open

Veterans Educational and Vocational Counseling Amendments of 1990

United States · United States Congress · 22 February 1990

Directs the Secretary of Veterans Affairs to provide educational and vocational counseling and related services to: (1) individuals eligible for educational assistance under the armed forces educational assistance program; (2) individuals discharged or released from active duty under conditions other than dishonorable within the past year; and (3) individuals serving on active duty and within 180 days from being released or discharged under conditions other than dishonorable. Requires the Secretary to make available information concerning the need for general education and for trained personnel in the various crafts, trades, and professions. Requires the Secretary to acquaint all eligible individuals with the availability of counseling services offered under this Act. Provides entitlement to a veterans' rehabilitation program for persons hospitalized for a service-connected disability in a hospital over which the Secretary of Veterans Affairs has jurisdiction. Includes the payment of handling fees by the Secretary as part of the scope and services authorized to be provided to a veterans' rehabilitation program. Authorizes the payment of a subsistence allowance to veterans pursuing a vocational rehabilitation program in a Federal, State, or local governmental agency. (Currently, such allowance is offered only to veterans pursuing a program at the Federal level.) Repeals certain reporting requirements.

Bill· HRH.R. 4087 (101st)referred

Veterans Employment and Training Amendments of 1990

United States · United States Congress · 22 February 1990

Extends eligibility for the disabled veterans' outreach program to: (1) all disabled veterans who are participating in or have completed a program of vocational rehabilitation (currently limited to disabled veterans of the Vietnam era who have such rehabilitation); and (2) members of the armed forces who are within 180 days of discharge or released from active duty under conditions other than dishonorable. Requires disabled veterans' outreach program specialists to provide employment and training information to members of the armed forces about to be released or discharged. Requires local veterans' employment representatives to provide employment and training information and services to such members. Redesignates the Secretary of Labor's Committee on Veterans' Employment as the Advisory Committee on Veterans Employment and Training within the Department of Labor. Requires the Committee to: (1) assess the employment and training needs of veterans; (2) determine the extent to which the programs and activities of the Department are meeting such needs; and (3) carry out appropriate activities and submit certain reports.

Bill· HRH.R. 4088 (101st)referred

Veterans Recruitment Authority Act of 1990

United States · United States Congress · 22 February 1990

Veterans Recruitment Authority Act of 1990 - Revises the policy of the United States with respect to the provision of veterans' recruitment appointment authority (the offering of post-service Federal employment opportunities) to declare a Government obligation to assist veterans in readjusting to civilian life. Waives the current maximum GS-9 level for such appointments. Makes all qualifying veterans eligible for such appointments without regard to the number of years of education completed. Gives a preference to such appointments to veterans entitled to veterans' disability compensation or who were discharged or released from active duty for a disability incurred or aggravated in the line of duty. Requires veterans receiving such an appointment to receive appropriate training or education by the agency involved, complete the prescribed probationary period, and acquire a competitive civil service status. Extends eligibility for veterans' recruitment appointment authority to veterans who first became members of the armed forces or entered active duty after January 1, 1977, and were discharged or released from active duty under conditions other than dishonorable. Limits appointment authority for such members to five years from such release or discharge or from the enactment of this Act, whichever is later. Waives such limitation for veterans with service-connected disabilities or who served on active duty for which a campaign badge was authorized.

Bill· HRH.R. 4098 (101st)reported

Benjamin Franklin Memorial Fire Service Bill of Rights Act

United States · United States Congress · 22 February 1990

Benjamin Franklin Memorial Fire Service Bill of Rights Act - Title I: Minting of Benjamin Franklin National Memorial Commemorative Coin - Benjamin Franklin National Memorial Commemorative Coin Act - Provides for the sale of Benjamin Franklin commemorative coins at a surcharge of which 25 percent shall be paid to the Benjamin Franklin National Memorial and the remainder be distributed in specified percentages to the National Fire Center and Museum Account, the National Hero Scholarship Account, the Firefighter Tuition Assistance Account, the Hazardous Materials Response Computer Account, the Research and Education Account, and the Burn Research Grant Account of the Firefighter Assistance Trust Fund (Fund). Prohibits the issuance of such coins from resulting in any net cost to the Federal government. Title II: Fire Service Bill of Rights - Fire Service Bill of Rights Act - Amends the Federal Fire Prevention and Control Act of 1974 to establish a fire service bill of rights. Establishes the National Fire Center and Museum in the District of Columbia to provide information about the fire service and safety to the public and fire services. Establishes a National Hero Scholarship to fund the higher education of a child, spouse, or dependent parent of a deceased firefighter. Establishes a scholarship providing tuition assistance to firefighters for higher education in fire safety or protection. Authorizes the Administrator of the United States Fire Administration to use amounts in the Research and Education Account of the Fund to fund other specified programs under the Fire Prevention and Control Act of 1974 and the provision of information concerning surplus Federal property and infectious diseases pursuant to this Act. Establishes the Firefighter Assistance Trust Fund. Places the National Academy for Fire Prevention and Control within the United States Fire Administration. Directs the Administrator to provide States with funds from the Hazardous Materials Response Computer Account of the fund for distribution to local fire services that wish to purchase computer equipment. Directs the Administrator to make a grant from the Burn Research Grant Account of the Fund to one national firefighter's burn foundation dedicated to reducing burn injuries. Requires the Administrator to prepare and make available to fire services, upon request, a manual describing Federal procedures for disposing of surplus property and highlighting how fire services could obtain such property. Directs the Administrator to distribute to such marshals information on the infectious diseases to which firefighters are particularly vulnerable. Permits the Administrator, in certain circumstances, to award to a domestic firm a contract that, under the use of competitive procedures, would be awarded to a foreign firm.

Resolution· HCONRESH.Con.Res. 270 (101st)referred

Expressing the sense of the Congress that United States economic sanctions on the Republic of South Africa should not be lifted until such time as all conditions under the Comprehensive Anti-Apartheid Act of 1986 for the termination of such sanctions are met and a democratic political process in South Africa is established.

United States · United States Congress · 22 February 1990

Calls for the retention of sanctions against South Africa under the Comprehensive Anti-Apartheid Act until all conditions for the termination of sanctions are fulfilled and a democratic political process is established.

Resolution· HCONRESH.Con.Res. 267 (101st)referred

Expressing the sense of the Congress that the demonstrators who threw blood on the Capitol and the White House should be charged with a felony.

United States · United States Congress · 20 February 1990

Supports the right of citizens to conduct peaceful and lawful demonstrations. Condemns the acts of physical violence of demonstrators who, on January 31, 1990, threw blood on the columns and steps of the U.S. Capitol and, on February 17, 1990, threw blood on the entrance gate to the White House. Urges that such demonstrators be prosecuted and charged with a felony.

Bill· HRH.R. 3978 (101st)referred

B-2 Production Termination Act

United States · United States Congress · 7 February 1990

B-2 Production Termination Act - Prohibits funds appropriated to the Department of Defense (DOD) after FY 1990 from being used to commence production of B-2 aircraft. Limits the use of funds already appropriated to DOD for the B-2 to: (1) the completion of the production of such aircraft which began with funds appropriated for a fiscal year before FY 1991; and (2) research, development, test, and evaluation, including flight testing. Directs the Secretary of Defense to preserve production facilities and tooling for production of such aircraft in order to maintain an option to produce such aircraft in the future.

Bill· HRH.R. 3954 (101st)referred

To authorize the establishment of a memorial on Federal land in the District of Columbia to honor individuals who have served as volunteers in the Peace Corps.

United States · United States Congress · 6 February 1990

Directs the Peace Corps to establish a memorial on Federal land in the District of Columbia to honor Peace Corps volunteers. Establishes the Peace Corps Volunteer Memorial Advisory Board to: (1) promote the establishment of the memorial; and (2) with the approval of the Peace Corps, recommend the site and select the design for the memorial. Authorizes the Peace Corps to solicit private contributions for such memorial. Establishes a fund in the Treasury for the sole purpose of carrying out this Act. Prohibits the use of Federal funds for the construction of the memorial, except those received as private contributions. Directs the Secretary of the Interior to be responsible for maintenance and care of the memorial.

Bill· HRH.R. 3955 (101st)open

National Fire Forces Mobilization Act of 1990

United States · United States Congress · 6 February 1990

National Fire Forces Mobilization Act of 1990 - Amends the Cooperative Forestry Assistance Act of 1978 to authorize appropriations to be provided as Federal matching funds to State forestry agencies and rural volunteer fire departments so that they may assist other fire fighting organizations in combatting fires.

Bill· HRH.R. 3958 (101st)referred

Federal Victim's Service and Protection Act of 1990

United States · United States Congress · 6 February 1990

Federal Victim's Service and Protection Act of 1990 - Title I: Federal Victim's Services and Protections Compliance - Directs the Attorney General to: (1) establish an evaluation system for law enforcement officers which rates such officers on their compliance with specified laws protecting victims of crimes; and (2) use such evaluation system to create standards governing services to victims and witnesses in Federal cases and to serve as a model to States and localities. Requires the Office for Victims of Crime to report periodically to the public, the Congress, and the President on victim protections and on compliance with this Act. Title II: The Federal Child Victim's Bill of Rights - Amends the Federal criminal code to require the court, at the earliest possible stage, to determine whether the appointment of a guardian ad litem for a child who is an alleged victim or witness in a criminal proceeding would be in the best interests of the child and if so, to appoint such guardian. Sets forth provisions with respect to the qualifications, duties and powers, and immunity of such guardian. Grants a child testifying at a criminal proceeding the right to be accompanied by an adult. Authorizes the court to order that a child's testimony be taken by closed-circuit television (TV) if it finds that the child is unable to testify in open court because of: (1) the child's persistent refusal to testify despite judicial requests to do so; (2) the child's total inability to communicate about the offense because of extreme fear, failure of memory, or other similar reasons; or (3) the substantial likelihood that the child will suffer substantial emotional trauma from so testifying. Specifies that the prosecuting attorney and the defense attorney shall be present in the room with the child and the child shall be subject to direct and cross-examination. Requires that: (1) the child's testimony be transmitted by closed-circuit TV into the courtroom; (2) the defendant be provided with the means of private, contemporaneous communication with his attorney during the testimony; and (3) the closed-circuit TV transmission relay the defendant's image into the room in which the child is testifying, and the child's testimony into the room in which the defendant is viewing the proceeding. Sets forth provisions with respect to videotaped depositions of child victims and child witnesses. Authorizes the court to permit the child to use anatomical dolls, puppets, drawings, or any other demonstrative device it deems appropriate to assist a child in testifying. Sets forth requirements with respect to competency examinations for child witnesses. Prohibits: (1) the release to the public of the name, or other identifying information about the child victim or child witness except as authorized by the court; and (2) the name and any identifying information from appearing in any public record. Grants the child victim or witness the same right to submit victim impact statements prior to sentencing as prescribed for an adult victim. Directs that child victims or witnesses be assisted by their court appointed guardian ad litem in preparing victim impact statements. Authorizes the court, in any proceeding where a child is called to give testimony, to designate the case as being of special public importance and to expedite the action. Requires the court to ensure a speedy trial and, in deciding whether or not to grant a continuance, to take into account the child's age and the potential adverse impact the delay may have on the child's well-being. Creates a hearsay exception for an out-of-court statement related to sexual abuse, physical abuse, or sexual exploitation of that or another child if the court finds that: (1) the statement possesses particularized guarantees of trustworthiness; (2) the proponent of the statement has given sufficient notice to adverse parties of the intent to introduce the statement; and (3) there is corroborative evidence of the statement or the truth of the statement. Encourages the use of multidisciplinary teams designed to assist child victims or child witnesses. Delineates the role of such teams. Specifies that there shall be no statute of limitations for the prosecution of any child physical abuse, sexual abuse, or sexual exploitation offense. Requires physicians, social workers, teachers, and specified other individuals who, while involved in any such capacities on Federal land or in a federally operated (or contracted) facility, have reason to suspect that a child is an abused or neglected child to immediately report to the appropriate authorities. Grants civil and criminal immunity to individuals who, acting in good faith, make such a report or otherwise provide information or assistance with a report investigation, or legal intervention. Makes failure to report a misdemeanor. Makes spousal privileges and the privileged nature of any communications between physician (or psychotherapist, psychologist, social worker, and any other health care provider) and patient inapplicable in any criminal proceeding after a report of child abuse, neglect, or sexual exploitation. Title III: Child Care Worker Employee Background Check - Requires: (1) each Federal agency and facility that hires, or contracts for hire, individuals involved with the provision of services to children under age 18 to assure that all existing and newly-hired employees undergo a criminal history background check; and (2) all existing staff to receive such checks within six months and prohibits the hiring of additional staff without a check having been initiated. Sets forth procedures with respect to the conduct of such background checks. Specifies that: (1) any conviction for a sex crime, an offense involving a child victim, or a drug offense shall be grounds for denying employment or for dismissal of an employee engaged in specified child care services; (2) an incident in which an individual has been charged, but where the charge has not yet been disposed of, shall permit the employee's suspension from any job-related contact with children until the case is resolved; and (3) convictions of other crimes may be considered if they bear on an individual's fitness to have responsibility for the safety and well-being of children. Sets forth requirements with respect to questions to be asked in employment applications, criminal history records checks, and access to (and the right to challenge the accuracy of) the criminal history report.

Resolution· HCONRESH.Con.Res. 259 (101st)referred

Harvest of Peace Resolution

United States · United States Congress · 6 February 1990

Harvest of Peace Resolution - Expresses the sense of the Congress that the United States should establish as a primary foreign and domestic policy objective the achievement of common security by: (1) negotiating agreements with the Soviet Union and urging other nations to reduce military forces and spending with the goal of halving worldwide military spending by the year 2000; (2) reducing military assistance and arms sales to developing nations; (3) encouraging the peaceful settlement of conflicts; (4) providing increased assistance to developing nations to overcome hunger and poverty, reduce debt burdens, promote human rights, ensure sustainable development, and protect the environment; (5) increasing support domestically for programs that address human needs; (6) helping defense industries and their employees convert to productive nondefense work; and (7) reducing the Federal deficit.

Bill· HRH.R. 3936 (101st)open

To amend the National Labor Relations Act to prevent discrimination based on participation in labor disputes.

United States · United States Congress · 1 February 1990

Amends the National Labor Relations Act to make it an unfair labor practice for an employer to offer or grant: (1) permanent replacement employee status during a labor dispute; or (2) any employment preference to an individual who worked or indicated a willingness to work during a labor dispute over an employee who exercised specified rights during such dispute.

Bill· HRH.R. 3914 (101st)open

To provide for cost-of-living adjustments in 1991 under certain Government retirement programs.

United States · United States Congress · 30 January 1990

Provides for all Federal civilian and military retirees to receive the full cost-of-living adjustment in annuities payable under Federal retirement systems for FY 1991. (Includes benefits payable under the Civil Service Retirement and Disability System, military retirement and survivor benefit programs, the Foreign Service Retirement and Disability System, the Central Intelligence Agency Retirement and Disability System, and railroad retirement programs.)

Bill· HRH.R. 3919 (101st)referred

To establish the Federal Fuels Stabilization Board.

United States · United States Congress · 30 January 1990

Establishes the Federal Fuels Stabilization Board which shall: (1) review home heating oil, gasoline, and diesel fuel prices and impose price limitations on such fuels if necessary to ensure equitable prices in the event of significant price increases; (2) establish an equitable uniform surcharge on goods shipped by diesel truck in case of diesel price increases, with such surcharge being paid by the fuel purchaser; (3) investigate allegations of collusive fuel pricing practices and refer any evidence of such practices to the Department of Justice for antitrust prosecution; and (4) investigate the impact of fuel price increases on homeowners, travelers, and transporters. Subjects violators of Board orders to civil monetary penalties.

Resolution· HCONRESH.Con.Res. 252 (101st)referred

Expressing the policy of the Congress regarding proposals to reduce the cost-of-living adjustment for Civil Service retirees.

United States · United States Congress · 30 January 1990

Expresses the sense of the Congress that: (1) it would be inequitable for Civil Service retirees to receive smaller cost-of-living adjustments to their pensions than Social Security retirement beneficiaries; and (2) any budget adopted by the Congress should provide for full cost-of-living adjustments for all individuals receiving a Federal retirement pension or benefit.

Bill· HRH.R. 3880 (101st)open

Medicare Benefit Improvements Act of 1990

United States · United States Congress · 24 January 1990

Medicare Benefit Improvements Act of 1990 - Amends title XVIII (Medicare) of the Social Security Act to cover screening mammographies for women over age 34 at a frequency which varies on the basis of a woman's age and risk of developing breast cancer. Covers up to 80 hours of annual in-home respite care furnished to an individual who has incurred expenses equal to a specified Medicare Part B (Supplementary Medical Insurance) cost-sharing limit and, for the preceding three months, has been unable to perform at least two specified daily living activities without the assistance of an uncompensated primary caregiver with whom he or she resides. Covers nursing care and home health aide services as home health services if such services are needed less than seven days each week or are needed for up to 38 consecutive days. Amends part A (Hospital Insurance) of the Medicare program to create an extension period of hospice care for terminally ill beneficiaries which is to follow the two 90-day periods and the subsequent 30-day period of hospice care coverage currently provided in an individual's lifetime. Increases the Medicare part B premium.

Bill· HRH.R. 3885 (101st)referred

Relating to the treatment and disposal of solid waste, authorizing States to regulate solid waste in interstate commerce, and for other purposes.

United States · United States Congress · 24 January 1990

Makes it unlawful to ship or transport any solid waste generated in a State into another State for treatment or disposal if such shipment or transportation is in violation of the laws of the recipient State. Authorizes States to enact and enforce laws regulating the treatment and disposition of solid waste, including laws regulating the importation of such wastes into States. Prescribes penalties for violations of this Act, including up to ten years' imprisonment for subsequent violations. Requires the Administrator of the Environmental Protection Agency, by regulation, to require persons transporting or shipping more than 100 pounds of solid waste in interstate commerce to submit annual registration statements. Directs the Administrator, upon request, to make such statements available to the public.

Law· HRH.R. 3802 (101st)enacted

Designating the month of May as "Asian/Pacific American Heritage Month".

United States · United States Congress · 21 November 1989

Amends Federal law to authorize and request the President to designate May as Asian/Pacific American Heritage Month annually, beginning in 1990. (Current law designates a seven-day period beginning on May 4, 1979).

Law· HRH.R. 3789 (101st)enacted

Stewart B. McKinney Homeless Assistance Amendments Act of 1990

United States · United States Congress · 20 November 1989

Stewart B. McKinney Homeless Assistance Amendments Act of 1990 - Title I: General Provisions - Provides for budget compliance of this Act for FY 1991 through 1992. Title II: Interagency Council on the Homeless - Amends the Stewart B. McKinney Homeless Assistance Act (SBMHAA) to authorize appropriations through FY 1992. Extends the Interagency Council on the Homeless through FY 1992. Title III: Federal Emergency Management Food and Shelter Program - Amends SBMHAA to authorize appropriations for the Federal Emergency Management Food and Shelter Program through FY 1992. Title IV: Housing Assistance - Amends the SBMHAA to extend through FY 1992: (1) the emergency shelter grants program; (2) the supportive housing demonstration program; (3) supplemental assistance for facilities to assist the homeless; and (4) section 8 assistance for single room occupancy dwellings. Title V: Health Care for the Homeless - Amends the Public Health Service Act to authorize through FY 1992: (1) categorical grants for primary health services and substance abuse services; (2) block grants for community mental health services; and (3) alcohol and drug abuse treatment of homeless individuals. Amends SBMHAA to authorize appropriations for Community demonstration projects. Title VI: Education, Training, and Community Services Program - Amends SBMHAA to authorize appropriations for specified education, training, and community services programs through FY 1992. Title VII: Veterans Programs - Amends the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 to authorize appropriations for veterans medical programs through FY 1992.

Bill· HRH.R. 3749 (101st)referred

To authorize a period in which otherwise eligible veterans with service-connected disabilities may apply for coverage under the Service Disabled Veterans Insurance Program.

United States · United States Congress · 20 November 1989

Directs the Secretary of Veterans Affairs to establish a period during which veterans who are otherwise eligible for coverage under the Service Disabled Veterans Insurance Program may apply for coverage under such program without regard to the one-year application period.

Bill· HRH.R. 3750 (101st)referred

To amend title 38, United States Code, to provide that the condition of amyotrophic lateral sclerosis (ALS) becoming manifest in a veteran within seven years from discharge from military service shall be presumed to have been incurred in or aggravated by such service for purposes of disability compensation benefits provided by the Department of Veterans Affairs.

United States · United States Congress · 20 November 1989

Provides that the condition of amyotrophic lateral sclerosis developing at least a ten percent degree of disability within seven years from the date of separation from military service shall be presumed to have been incurred in or aggravated by such service for purposes of disability compensation benefits provided by the Department of Veterans Affairs.

Bill· HRH.R. 3735 (101st)open

Waste Materials Management Act of 1989

United States · United States Congress · 19 November 1989

Waste Materials Management Act of 1989 - Authorizes appropriations for FY 1990 through 1993 to carry out the Solid Waste Disposal Act. Title I: Provisions Relating Primarily to Subtitles A and B of the Solid Waste Disposal Act - Amends the Solid Waste Disposal Act to revise provisions concerning congressional findings and objectives. Declares it to be U.S. national policy that: (1) the creation of surplus and remnant material from production processes shall be reduced and residuals from post-consumer products shall be managed as material resources; (2) materials are to be managed at Federal, State, and local levels using specified waste reduction and management strategies; and (3) the Administrator of the Environmental Protection Agency (EPA) and the States shall not differentiate in the enforcement of this Act on the basis of whether an owner or person engaged in waste disposal activities is a public or private person, whether a facility is located on or off the premises where waste is generated, or whether an activity is carried out on or off the premises where the waste is generated. Requires the Inspector General of the EPA to report annually to the Congress on the implementation of, and compliance with, the Solid Waste Disposal Act. Adds specified annual reporting requirements. Directs the Administrator, for five years following the date of enactment of this Act, to identify five of the most toxic and common constituents of municipal waste. Requires the Administrator to consider, with respect to each of the constituents, imposing the following: (1) a ban on the use of such a constituent in production; (2) a ban on disposal in landfills or treatment in incinerators of any product containing such a constituent; (3) a requirement for special management standards for such products after discard; and (4) a requirement for the use of a substitute constituent. Permits the Administrator to impose such bans or requirements only by promulgating regulations. Requires the Administrator to publish annually in the Federal Register any information on such actions. Prohibits the disposal of used lead-acid batteries other than by recycling in accordance with this Act. Requires persons to dispose of such batteries only by delivery to: (1) battery retailers or wholesalers; or (2) secondary lead smelters or collection or recycling facilities permitted by a State or the Administrator. Sets forth battery disposal requirements for retailers, wholesalers, and manufacturers. Makes violators of such requirements subject to fines under the Federal criminal code. Requires battery retailers, wholesalers, and manufacturers to accept from customers used batteries of the same type as the batteries sold. Directs retailers to post a notice for customers containing information about the illegality of improperly disposed batteries, the requirements for accepting and disposing of batteries, and the merits of conservation. Permits the Administrator to inspect any establishment pursuant to this Act and to issue warnings and citations for noncompliance. Subjects persons who fail to post notices after receiving a warning to penalties of up to $1,000 per day. Requires battery wholesalers who sell batteries to retailers to provide for removal of batteries from the retailers' place of business. Prohibits the charging of fees for accepting batteries from customers. Considers violations of battery collection requirements to be misdemeanors. Requires the Administrator to study and report to the Congress on the disposal and potential recyclability of household dry-cell batteries and the need for legislation, regulation, or further study on the disposal and recyclability of such batteries. Title II: Provisions Relating Primarily to Subtitle C of the Solid Waste Disposal Act - Identifies as a hazardous waste a waste containing more than .1 percent of any constituent listed in appendix VIII to part 261 of title 40 of the Code of Federal Regulations, unless the Administrator establishes another level for such constituent. Provides that: (1) the mixing of a hazardous waste with any other matter constitutes treatment requiring a permit; and (2) dilution of a hazardous waste through such mixing, such that the resulting mixture does not exceed the established concentration levels, does not alter the character of the material as a hazardous waste. Authorizes the granting of petitions to remove from the list a hazardous waste for periods of up to five years. Permits subsequent renewals of such petitions. Requires the Administrator to charge fees for the submission of such petitions. Directs the Administrator to promulgate regulations on the following characteristics of hazardous waste: (1) acute and aquatic toxicity; (2) persistence and bioaccumulation potential; (3) radioactivity; (4) carcinogenicity; (5) mutagenicity; and (6) phytotoxicity. Directs the Administrator to promulgate regulations requiring: (1) owners or operators of facilities which use materials containing hazardous constituents listed in the Code of Federal Regulations in a manufacturing process to test the waste generated for the presence of such constituents; and (2) owners or operators of facilities generating hazardous waste subject to land disposal prohibitions to test the waste to determine if it meets applicable treatment standards. Provides for routine testing at least every two years and additional testing when a significant change in generation or waste management processes occurs. Requires the Administrator to carry out hazardous waste programs directly in States unless a State is authorized to administer such requirements. Requires the Administrator, if a State's program is equivalent, to grant interim authorization to such State to administer such program in lieu of direct administration by the Administrator. Directs States with hazardous waste programs to report annually to the Administrator on such programs. Prohibits the Administrator from identifying used oil as a hazardous waste under the Solid Waste Disposal Act. Provides that any fuel derived from used oil that does not meet used oil specifications established by the Administrator and would otherwise be identified as a hazardous waste shall be deemed to be a hazardous waste. Directs the Administrator to promulgate regulations for persons who generate, transport, recycle, or dispose of used oil. Requires the Administrator, in developing such regulations, to conduct an analysis of the economic impact of such regulations on the used oil recycling industry. Provides that regulations for used oil generators shall: (1) prohibit the storage of used oil in an underground storage tank unless such tank meets requirements under this Act; (2) prohibit the storage of used oil for more than 12 months; (3) require generators to transfer such oil to specified permitted used oil recycling or disposal facilities or transporters; and (4) require generators to keep specified records on such oil. Requires used oil transporter regulations to provide that such transporters: (1) acquire identification numbers from EPA; (2) meet applicable financial responsibility requirements; and (3) keep specified records. Provides that used oil recycler regulations shall require recyclers to: (1) keep specified records; (2) test fuel produced from the recycling process before departure from the facility; and (3) obtain certain permits. Requires used oil disposal regulations to prohibit mixing used oil with any hazardous waste identified under the Solid Waste Disposal Act unless the resulting mixture does not exhibit hazardous waste characteristics or the mixture is burned to recover useful energy in a device designed such that protection of human health and the environment is assured. Directs the Administrator to promulgate regulations requiring owners or operators of new and existing recycling facilities to have class permits. Provides for annual inspections of such facilities to assure permit compliance. Sets forth requirements for interim class permits. Exempts from permit requirements: (1) facilities which refine at least 10,000 barrels daily of crude oil into petroleum products, are classified as S.I.C. number 2911 (pursuant to the Office of Management and Budget Standard Classification Manual) facilities, and whose volume of refined used oil is less than one percent of the total crude oil refined into lubricant base stock annually; and (2) facilities which compound or blend lubricating base oil into finished lubricant products as their principal activity, are classified as S.I.C. number 2899 or 2992 facilities, and whose volume of used oil compounded or blended into such products is no more than ten percent of the lubricating base oil compounded or blended annually. Exempts from used oil regulation requirements on-site activities at facilities classified as S.I.C. number 4911 facilities. Directs the Administrator to promulgate regulations governing such facilities. Requires the Administrator to promulgate regulations establishing specification standards for fuel derived from used oil to be burned in furnaces and boilers. Sets forth requirements to be effective if the Administrator fails to promulgate used oil regulations by the applicable deadline. Requires the Administrator to implement education programs to inform the public and small businesses about the environmental and safety hazards associated with improper handling and disposal of used oil and the benefits derived from used oil recycling. Authorizes appropriations. Requires producers or importers of lubricating oil to recycle for a period of ten years an amount of used oil equal to at least the amount determined by multiplying the amount of lubricating oil produced or imported that year by such persons by the recycling percentage established by the Administrator. Authorizes such individuals to comply with this Act by: (1) recycling (through re-refining) used oil or purchasing re-refined oil for purposes of producing lubricating oil; or (2) purchasing recycling credits under this Act. Requires producers and importers to report annually to the Administrator on the amount of oil produced or imported by such persons. Directs the Administrator to establish a recycling percentage that is two points higher than the existing recycling rate for lubricating oil. Provides for increases in such percentage of two points annually for ten years. Requires the Administrator to promulgate regulations allowing recyclers to create credits for used oil recycling and producers or importers of lubricating oil to purchase such credits. Provides that such regulations shall require: (1) owners or operators of used oil collection centers to keep receipts issued by transporters who take delivery of such oil and copies of agreements under which the transporter agrees to take such oil to a recycling facility; (2) such owners or operators to certify that oil taken by transporters is not mixed with hazardous wastes; (3) owners or operators of recycling facilities to be the only persons to create a recycling credit for the recycling credit system; (4) recyclers to certify that the substance being recycled is used oil that has not been mixed with hazardous wastes; (5) oil proposed to be recycled to have come from a used oil collection place or a transporter with an identification number; (6) specified records to be kept by recyclers and by importers or producers; and (7) recyclers to sell or distribute in commerce such oil as specification used oil, off-specification used oil, industrial specification used oil, or re-refined oil. Directs the Administrator to report to the Congress on such regulations and to include: (1) a discussion of the effects of such regulations on the oil industry and the environment; and (2) an evaluation of the level of the recycling percentage and whether such percentage should be increased in future years. Requires an updated version of such report to be submitted within ten years of this Act's enactment. Applies recycling requirements to persons who import or produce more than 100,000 gallons of lubricating oil annually. Sets the recycling percentage at 40 percent if the Administrator fails to promulgate such regulations. Directs the Administrator to promulgate regulations requiring owners or operators of existing and new hazardous waste facilities to have class permits. Requires such permits to include provisions for: (1) public notice and comment; (2) environmental monitoring; (3) closure and post closure requirements; (4) financial responsibility; (5) annual on-site inspections; and (6) penalties for noncompliance. Requires the Administrator to impose additional requirements, as necessary. Requires the following facilities, unless excluded from regulation, to have such permits: (1) recycling facilities; (2) facilities engaged in precious metal recovery; (3) facilities engaged in spent lead-acid battery reclamation; and (4) hazardous waste storage facilities. Title III: Provisions Relating Primarily to Subtitle D of the Solid Waste Disposal Act - Subtitle A: Provisions Relating to Solid Waste Management Plans - Revises requirements for State solid waste management plans. Requires such plans to include: (1) an estimate of the capacity of the State to manage such waste; (2) permit programs; (3) solid waste recycling, reduction, incineration, and land disposal elements; (4) an overall waste materials strategy to cover one of two specified planning periods; (5) waste inventories; (6) personnel training and public education; (7) requirements for the management of household hazardous waste, tires, yard waste, and large household appliances; and (8) annual reporting requirements. Sets forth submission, approval, and implementation procedures for State plans. Authorizes a State with an approved plan and certification of compliance to: (1) prohibit the transportation of solid waste generated from another State into such State for disposal, storage, or incineration purposes; (2) prohibit the incineration, disposal, or storage of such waste; and (3) levy fees on solid waste or solid waste transporters that differentiate rates or other aspects of payment on the basis of waste origin. Requires such State, prior to exercising such authority, to certify to the Administrator that it has: (1) completed construction on facilities that will provide at least 70 percent of the capacity for solid waste management needed to implement the State plan; and (2) completed siting approval on facilities that will provide 100 percent of such capacity. Prohibits the interstate transport of solid waste in any State: (1) that does not have an approved plan within a specified time period; (2) that cannot certify continuing compliance; or (3) for which that the Administrator has withdrawn approval of the State plan. Permits the Administrator to develop a plan for, and charge, any State that has not submitted a plan. Requires States to establish permit programs and issue permits to solid waste management facilities in compliance with this Act. Prohibits the incineration, storage, or disposal of such waste at, or the transportation of such waste to, facilities without permits. Sets forth transitional permit requirements and deadlines. Limits permit terms to ten years and provides for permit modifications, as appropriate. Authorizes States to grant variances from permit requirements if demonstrated that no adverse effects to human health or the environment will result from such variances. Subtitle B: Provisions Relating to Federal Requirements - Directs the Administrator to promulgate standards, guidelines, and regulations for: (1) municipal solid waste landfills; (2) municipal solid waste incinerators; (3) industrial waste; (4) above-ground storage tanks; and (5) other waste categories, as appropriate. Permits State Governors to petition the Administrator for the promulgation of additional standards, guidelines, and regulations. Sets forth requirements for municipal solid waste landfills, to include: (1) specified detection and monitoring controls; (2) daily cover; (3) closure and postclosure requirements; (4) financial responsibility and corrective action requirements; (5) groundwater monitoring; (6) liners and leachate collection and removal systems, as appropriate; (7) construction quality assurance plans; and (8) prohibitions on landfills being located within the 100-year flood plain, within specified distances of faults, or within seismic impact zones or other unstable areas, unless certain conditions have been met. Requires the Administrator to publish guidelines for identifying materials which should be removed from solid waste before its incineration in a municipal solid waste incinerator. Directs the Administrator to promulgate regulations applicable to the operation and management of municipal solid waste incinerators and to the disposal or recycling and reuse of municipal solid waste incinerator ash. Prohibits the disposal of ash in units that are created as a result of vertical expansion of an existing waste disposal facility unless it is demonstrated that there will be no settling of waste that would impair the integrity of the liners. Requires that landfills into which such ashes are disposed provide for groundwater monitoring and: (1) place such ashes in a monofill having a leachate collection system and a single liner designed and operated to prevent the migration of any constituent into such liner; or (2) have two or more liners and a leachate collection system above and between such liners. Provides that landfill design requirements shall not apply to alternatively-designed units if demonstrated that such designs prevent such migration. Directs the Administrator to prescribe criteria and testing procedures for identifying the hazardous properties of municipal incinerator ash so that ash which does not exhibit such properties may be placed in sanitary landfills meeting current criteria under specified conditions. Requires ash which is hazardous to human health or the environment to be treated prior to recycling or reuse. Prohibits, four years after this Act's enactment, the operation of incinerators and the receipt of ash for treatment, storage, disposal, reuse, or recycling without a permit or prior approval under a State program. Requires civil penalties imposed against local governments for violations of this Act to be deposited into a trust fund for programs that serve to enhance the protection of human health and the environment. Sets forth transitional provisions. Requires the Administrator to identify, classify, and report to the Congress and States on specified types of industrial waste. Directs generators or transporters of such waste and owners or operators of facilities handling such waste to file notifications with the State concerning facility locations and descriptions of activities and wastes handled. Sets forth requirements for industrial waste management, to include: (1) authorizations to operate; (2) monitoring, recordkeeping, and reporting requirements; (3) performance standards; (4) financial responsibility assurances; (5) design, operating, closure, and postclosure criteria; and (6) corrective action requirements. Applies such requirements to the following facilities: (1) industrial waste facilities that produce such waste and are not implementing closure or postclosure plans; and (2) inactive or abandoned facilities that are reactivated. Requires the Administrator to study the adverse effects on human health and the environment of the disposal of other nonhazardous waste. Directs the Administrator to promulgate solid waste storage regulations. Excludes from such regulations storage at transportation-related facilities. Requires State plans and permits to include requirements for municipal solid waste landfills and incinerators and for industrial wastes. Subtitle C: Other Provisions - Directs the Administrator to compile and periodically update a non-hazardous solid waste inventory to determine, by State or region: (1) an estimate of the amount of such waste to be generated annually and likely to be generated in each of the next 20 years; and (2) the capacity of existing and proposed waste management facilities. Sets forth Federal enforcement provisions. Prescribes civil and criminal penalties for violations of solid waste management requirements. Title IV: Provisions Relating Primarily to Subtitle H of the Solid Waste Disposal Act - Requires the Administrator to: (1) develop model recycling programs for States and localities; and (2) carry out a continuing program to evaluate demonstrated waste management technologies that could be used by municipalities and report periodically on such program. Prohibits the Administrator from funding the development or demonstration of such technologies. Title V: Provisions Relating Primarily to Subtitle I of the Solid Waste Disposal Act - Directs the Administrator to promulgate regulations applicable to above-ground storage tanks. Applies such requirements to all tanks except those subject to the requirements of subtitle C of the Solid Waste Disposal Act. Exempts from this Act's requirements releases of small quantities of regulated substances which will not endanger human health and the environment and particular tanks, as appropriate. Requires such regulations to include requirements for field-erected tanks. Directs owners and operators of such tanks to implement release prevention plans which provide for release prevention systems capable of: (1) catching and holding 110 percent of the full capacity of the tank and preventing releases beyond tank boundaries; and (2) restraining drainage and preventing contamination of soil and water. Requires the plan and system to be inspected by a registered engineer who is not employed by the owner or operator. Directs the engineer, if the system does not reflect good engineering practices or the tank does not comply with the regulations, to notify the Administrator or the State. Provides for amendments of release prevention plans whenever there is a major modification in the tank which affects the tank's potential to release substances. Sets forth recordkeeping and reporting requirements for field-operated tanks. Prohibits the operation of such tanks after a release unless the Administrator determines that such prohibition is not necessary. Requires the regulations to include requirements for shop-fabricated tanks. Directs the Administrator to: (1) establish an inspection program for such tanks in the factory when construction is complete and before the tanks enter interstate commerce; and (2) require such tanks to bear labels with specified manufacturing, capacity, and use information. Provides for requirements relating to the installation of such tanks. Directs the Administrator, as necessary, to promulgate financial responsibility requirements for taking corrective action and compensating third parties for bodily injury and property damage caused by accidental releases from above-ground storage tanks. Permits the establishment of financial responsibility for a spill by any means the Administrator deems appropriate. Authorizes the assertion of claims against guarantors providing evidence of financial responsibility for claims against insolvent owners or operators of tanks. Limits guarantor liability to the aggregate amount which the guarantor has provided as evidence of financial responsibility to the owner or operator. Authorizes the Administrator to establish coverage requirements which may vary among particular classes or categories of above-ground storage tanks. Permits the Administrator to make grants to States for carrying out enforcement requirements. Authorizes a State to submit for the Administrator's review and approval a program under which such State would assume primary responsibility for the enforcement of regulations pertaining to above-ground storage tanks. Requires that State regulation and enforcement procedures be at least as stringent as those used by the Administrator. Requires the Administrator to: (1) monitor State programs for compliance with this Act's requirements; and (2) provide technical assistance to assist States, local governments, and owners and operators in complying with this title. Authorizes the Administrator to issue compliance orders or commence civil actions against violators of this Act's requirements, but requires that prior notification be given to States operating their own programs. Imposes criminal and civil monetary penalties for violations of this Act's requirements. Makes tank owners and operators liable for the Administrator's corrective action costs and damages. Authorizes the Administrator to require a tank owner or operator to undertake corrective action in response to any release of a regulated substance from the tank when such action will be done properly and promptly. Permits the Administrator, upon notification of a release, to prohibit operations in a facility until such action has been taken. Authorizes the Administrator to take corrective action where the owner or operator fails to take prompt and effective action and human health and the environment are endangered. Prohibits indemnification agreements from transferring liability under this title. Prohibits States or political subdivisions from enforcing requirements for shop-fabricated tanks that are more stringent than those imposed under this title. Authorizes appropriations. Prohibits the Administrator from enforcing financial responsibility regulations with respect to an owner or operator of an underground storage tank if such owner or operator has applied for insurance. Revises provisions concerning financial responsibility for such tanks. Requires the Administrator to evaluate and report to the Congress on the effects of financial responsibility regulations on the cost and availability of insurance used to demonstrate financial responsibility. Title VI: Waste Materials Reduction - Authorizes any person to petition a Federal agency to undertake a waste reduction action if such action would bring about at least a ten percent increase in recycling of the petitioned item, reduce by at least ten percent the total volume or toxic constituents of a waste described in the petition, or would bring about a net savings in true cost to the Federal Government or be neutral in effect or cost. Requires each Federal agency to designate a waste reduction officer to oversee compliance with Federal agency waste reduction requirements, prepare agency waste reduction plans, and report annually to the Administrator on the implementation of such plans. Directs the Administrator to establish a clearinghouse within EPA to collect and disseminate information on waste reduction and recycling. Makes such information available to the public. Requires the Administrator to establish a commission to study and report to the President and the Congress on waste reduction with respect to consumer products and packaging. Provides for the submission of periodic reports by the commission on the status of waste reduction efforts by the Federal Government and industry. Terminates the commission five years after the date of its establishment. Title VII: Procurement and Marketing of Recycled Materials - Applies Federal procurement requirements concerning recycled goods to States or other entities if such entities use funds appropriated to a Federal agency to which such procurement requirements apply. Directs the Administrator for Federal Procurement Policy to report to the Congress on the effect of a certain price preference concerning the procurement of recycled paper products. Requires affirmative procurement programs to include: (1) programs for monitoring compliance by States, political subdivisions, and contractors with recovered materials procurement requirements; and (2) a requirement that paper procured for uses which have enduring value be permanent paper. Requires such agencies to report annually to the Administrator on such programs and on the amount and value of recovered materials procured. Makes such report available to the public. Directs the EPA Administrator to: (1) report biennially to the Congress on the progress made by Federal agencies in implementing recovered materials procurement programs; and (2) review and revise, if necessary, guidelines concerning such programs which were prepared before this Act's enactment. Prohibits Federal agencies from entering into procurement contracts with any persons convicted of specified offenses of the Solid Waste Disposal Act if such a contract is to be performed at the facility at which the violation occurred. Authorizes the President to make exemptions to such prohibition. Requires the President to report annually to the Congress on the implementation of such prohibition. Directs the Secretary of Commerce to conduct a biennial survey that: (1) identifies the major domestic uses for, and users of, recovered and recycled materials; (2) documents or estimates the amounts of such materials used, exported, and imported annually; and (3) identifies the markets for such materials and the products made from such materials. Requires the Secretary and the Administrator to establish an interagency working group to: (1) promote markets in recovered and recycled materials and link sources of such materials with potential markets; (2) work cooperatively with generators, collectors, transporters, users, and regulators of such materials and with manufacturers of products containing such materials; (3) link businesses dealing in such materials with potential sources of capital; (4) educate government and business officials about potential commerce in such materials; (5) coordinate efforts to promote lawful commerce in such materials; (6) encourage reuse and recycling of solid waste; and (7) identify the institutional, economic, and technical barriers to the use of such materials. Directs the Secretary to take such actions as may be necessary to stimulate the development of new domestic markets for such materials. Requires the Secretary and the U.S. Trade Representative to: (1) identify foreign markets for recovered materials and products containing a high content of recycled materials; and (2) assist exporters in selling such materials and products in foreign markets. Title VIII: Financial Assistance - Authorizes the Administrator to provide financial assistance to States with approved solid waste management plans to develop programs to encourage and facilitate recycling. Permits the Administrator to: (1) provide financial assistance to States and local authorities for solid waste management planning; (2) make bonus grants to municipalities or other agencies that demonstrate achievement of a recycling rate greater than 25 percent; (3) make loans to States for waste reduction activities and programs in rural areas to collect household hazardous waste and waste from small quantity generators. Title IX: Other Provisions - Permits Government agencies to retain any amounts received from sales of materials or energy recovered from solid waste. Requires the Administrator to promulgate regulations for the use and composition of compost made from yard waste. Revises oil labeling requirements to direct the Administrator to promulgate regulations requiring packages of lubricating oil (of less than five gallons) sold in commerce to bear a label stating that used oil should be taken to collection centers. Directs the Administrator to promulgate regulations requiring rigid and semi-rigid plastic packaging and products sold in commerce to bear a label identifying the plastic resin used in such packaging and products. Authorizes the Administrator, subject to certain conditions, to: (1) treat Indian tribes as States under the Solid Waste Disposal Act; (2) delegate to such tribes primary enforcement responsibility for programs under such Act; and (3) provide such tribes grant and contract assistance to carry out such functions. Permits States and Indian tribes, subject to the Administrator's approval, to enter into cooperative agreements to administer such Act. Requires the Administrator to report to the Congress on measures for addressing hazardous and solid wastes and underground storage tanks in Indian country. Directs the Administrator to undertake a continuing program to establish an inventory of hazardous waste sites and solid waste open dumps in Indian country. Requires the Administrator to assist Indian tribes that operate such dumps in upgrading such facilities.