United States · United States Congress · 21 November 1989
Expresses the sense of the House of Representatives that States and State regulatory State regulatory commissions should: (1) encourage their utilities to compare all feasible supply- and demand-side alternatives, taking into consideration the impact upon all ratepayers of utility investments in those alternatives; (2) consider the loss of earnings potential associated with utility investments in demand-side resources; and (3) adjust their regulatory systems to ensure that a utility's least-cost investment alternative is its most profitable course of action.
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.
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.
United States · United States Congress · 19 November 1989
Amends the Internal Revenue Code to impose an excise tax on the use of virgin materials in the manufacture or production of taxable products. Establishes the Recycling Assistance and Solid Waste Management Planning Trust Fund to support certain programs under the Solid Waste Disposal Act. Provides for financing the trust fund with the excise tax on the use of virgin materials.
United States · United States Congress · 19 November 1989
Waste Export Control Act - Amends the Solid Waste Disposal Act to incorporate requirements for the export of solid waste. Exempts from this Act's requirements waste paper, glass cullet, metal, or plastic that: (1) has been separated from solid waste before export; (2) is exported for incorporation into new products with recycled content; and (3) is not a hazardous waste under the Solid Waste Disposal Act. Authorizes persons to apply to the Administrator of the Environmental Protection Agency for the exemption of other recovered materials. Requires persons exporting exempted materials to notify the Administrator prior to such exporting. Prohibits the export of solid waste from the United States unless there is an agreement between the United States and the receiving country which provides for: (1) the exchange of information regarding such export and its management; (2) cooperation on compliance with, and enforcement of, such agreement; (3) biennial review and revision or suspension of such agreement under certain circumstances; and (4) a prohibition on further transport of such waste from the country of destination without the written consent of parties to the agreement. Deems any agreement concerning shipments of hazardous waste entered into by the United States and in force on this Act's enactment date to meet this Act's requirements for two years following such enactment date. Prohibits the export of solid waste from the United States unless the exporter has obtained a permit from the Administrator. Outlines information to be included in the permit application. Requires the Director of the National Enforcement Investigations Center to submit an investigative report on each applicant to the Administrator. Provides that permittees shall have the continuing duty to provide assistance or information requested by the Administrator or the Center and to cooperate in any inquiry conducted by the Center. Directs the Administrator, before issuing a permit under this Act, to determine that the solid waste will be managed in a manner protective of human health and the environment and which is no less strict than that which would be required if the waste were managed in the United States. Provides that such determination shall assure that certain facility operation and transportation requirements are met. Limits permit terms to a period of five years. Directs the Administrator to report annually to the Congress on all solid waste exports. Prohibits the issuance of any permit unless the Administrator determines that: (1) the waste generator has used reasonable efforts to eliminate or minimize waste generation prior to export; (2) the receiving facility is capable of treating, storing, and disposing of such waste in a manner protective of human health and the environment and no less strict than that which would be required if the waste were managed in the United States; and (3) the application meets the requirements of this Act. Directs the Administrator to make inspections of any permittee and of any facility handling waste subject to a permit, as necessary. Authorizes the Administrator to revoke a permit under specified circumstances. Directs the Administrator to establish a user fee to defray the cost of administering this Act. Requires such fee system to consist of a one-time permit application fee and a waste export permit fee to be paid over the life of the permit. Prescribes civil and criminal penalties for violations of this Act.
United States · United States Congress · 19 November 1989
Amends the Internal Revenue Code to provide for the treatment of rental and nonrental real estate activities under the limitations on losses from passive activities.
United States · United States Congress · 19 November 1989
Amends the Internal Revenue Code to provide that payment under a life insurance contract to an insured who is terminally ill be treated as a death benefit, making such payment eligible for tax exclusion from gross income. Provides that any reference to life insurance shall be treated as referring to a qualified terminal illness rider. Provides for the tax treatment of such riders. Describes such a rider as one which provides for payments to an insured upon the insured's becoming terminally ill.
United States · United States Congress · 17 November 1989
Freedom of Choice Act of 1989 - Provides that a State may not restrict the right of a woman to choose to terminate a pregnancy: (1) before fetal viability; or (2) at any time, if such termination is necessary to protect the life or health of the woman. Allows a State to impose requirements medically necessary to protect the life or health of such women.
United States · United States Congress · 17 November 1989
Provides that a Federal annuitant or member or former member of a uniformed service who is employed in a temporary position in the Federal Emergency Management Agency shall be exempt from a reduction in retirement pay, retainer pay, or annuity benefits while employed in connection with an emergency or major disaster. Limits the length of employment and rate of pay of such temporary employees.
United States · United States Congress · 16 November 1989
Asbestos School Hazard Abatement Reauthorization Act of 1989 - Amends the Asbestos School Hazard Abatement Act of 1984 to require State Governors to maintain records on asbestos in school buildings. Deletes a requirement for the submission of asbestos abatement application materials by State Governors to the Secretary of Education. Requires State Governors, in determining the adequacy of financial resources available to a local educational agency for asbestos abatement, to consider the additional costs to such agency of meeting the needs of disadvantaged students. Removes a reporting requirement concerning actions taken by State Governors in accordance with State plans. Directs the Administrator of the Environmental Protection Agency to approve applications for financial assistance no later than April 30 of each year. Prohibits the provision of such assistance to applicants who are not in compliance with title II of the Toxic Substances Control Act. Requires the proceeds from the repayment of Federal asbestos abatement loans and assistance recovery lawsuits to be deposited into the Asbestos Trust Fund. Removes a condition on the provision of financial assistance which requires the submission of an application within five years of the enactment of the Asbestos School Hazard Abatement Act of 1984. Prohibits the approval of assistance applications unless the local educational agency certifies that it is implementing an asbestos management plan and all abatement activities will be conducted by trained and accredited individuals in conformance with the Toxic Substances Control Act. Removes certain requirements for the promulgation by the Administrator of standards for asbestos removal contractors and the protection of school employees trained to carry out abatement activities. Requires the Administrator to report annually (until 1999) to the Senate Committee on Environment and Public Works and the House Committee on Energy and Commerce on the loan and grant program under the Asbestos School Hazard Abatement Act of 1984. Authorizes appropriations for the asbestos abatement program for FY 1991 through 1995. Revises provisions concerning the allocation of appropriations. Permits up to five percent of appropriations to be reserved each fiscal year for the administration of asbestos abatement activities. Authorizes the Administrator to use up to five percent of such appropriations for grants to States for: (1) assisting local educational agencies in performing periodic reinspections and training activities; and (2) maintaining programs to accredit personnel performing asbestos inspections and response actions. Makes conforming amendments to provisions of the Asbestos Hazard Emergency Response Act of 1986 concerning the Asbestos Trust Fund.
United States · United States Congress · 16 November 1989
National Environmental Education Act - Directs the Administrator of the Environmental Protection Agency (EPA) to establish an Office of Environmental Education within the Office of External Affairs to carry out this Act. Establishes an Environmental Education and Training Program to train educational professionals in the development and delivery of environmental education and training programs and studies. Directs the Administrator to make an annual grant to an institution of higher education or nonprofit research institution to establish and operate such program. Sets forth application and eligibility requirements and criteria to be considered in awarding such grants. Authorizes the Administrator to enter into cooperative agreements or provide grants to support projects to design, demonstrate, and disseminate practices related to environmental education and training. Outlines activities eligible for grant support and priorities in awarding such grants. Requires the Administrator to publish an annual solicitation for environmental education grants. Authorizes local education agencies, colleges or universities, State education or environmental agencies, or nonprofit agencies to apply for such grants. Limits Federal funds for demonstration projects to 75 percent of the total cost, except in specified instances. Limits such grants to $100,000 and requires 25 percent of all funds obligated under this section to be for grants of no more than $5,000. Requires the Administrator to provide for internships by postsecondary students with Federal agencies involved in environmental issues. Directs the Administrator, to the extent practicable, to support at least 150 internships annually. Makes eligible for participation in such program students enrolled at accredited colleges or universities who have successfully completed at least four courses or the equivalent in environmental sciences. Requires the Administrator to provide for a series of national awards recognizing outstanding contributions to environmental education to include: (1) the Theodore Roosevelt Award for environmental teaching or administration; (2) the Henry David Thoreau Award for literature on the environment and pollution problems; and (3) the Rachel Carson Award for film or print media for public education and information on environmental issues or problems. Provides that recipients of such awards shall be nominated by the Environmental Education Advisory Council. Requires the regional administrator of each EPA office to present an "Outstanding Environmental Educator Award" annually to a teacher or faculty member from a local education agency, college or university, or nonprofit organization in recognition of an outstanding contribution to environmental education. Establishes a National Environmental Education Advisory Council. Requires the Council to report biennially to the Congress on: (1) the extent and quality of environmental education in the Nation's schools; (2) activities conducted pursuant to this Act; (3) obstacles to improving environmental education; and (4) training and skills needed to respond to environmental problems. Establishes the Environmental Education Trust Fund to carry out this Act. Allocates funding for this Act's activities and authorizes 50 percent of penalties received under specified environmental Acts to be appropriated to the Fund.
United States · United States Congress · 16 November 1989
Pollution Prevention Advancement Act - Directs the Administrator of the Environmental Protection Agency to provide for the conduct of research and development activities with respect to new or improved practices and technologies for pollution prevention. Requires at least 50 percent of the funds appropriated for such activities to be used for grants to universities or research institutions. Directs the Administrator to earmark a portion of such funds for participation in the Small Business Innovation Research Program. Requires the Administrator to report to the Congress on the impact of products on pollution prevention capabilities, including a list of 50 constituents that have adverse environmental or public health effects when recycled, discarded, incinerated, or treated before disposal and an identification of as many of the products containing such constituents as is practicable. Directs the Administrator to provide funding for projects demonstrating new pollution prevention practices and technologies to: (1) entities responsible for municipal solid waste disposal; and (2) public and private entities. Limits such grants to specified percentages of the total cost of a project. Sets forth criteria to be considered in the awarding of such grants. Requires the Administrator to evaluate such projects to determine the effectiveness and life-cycle costs of such technologies or practices and related social impacts. Directs the Administrator to establish a program of research grants to State and local governments that have solid waste prevention and recycling programs to enable such governments to evaluate the effectiveness of such programs. Requires such governments to report the results of such research to the Administrator. Limits the Federal share of the cost of such research to 50 percent of the total amount. Requires the Administrator to promote the use of, and provide technical assistance for, pollution prevention practices and technologies. Directs the Administrator to establish a Pollution Prevention Information Clearinghouse. Establishes priorities for the Administrator in undertaking pollution prevention research and development and demonstration activities with respect to hazardous and other wastes. Requires the Administrator to report annually to the Congress on the activities carried out under this Act. Authorizes and allocates appropriations.
United States · United States Congress · 8 November 1989
Authorizes the President, on behalf of the Congress, to present a gold medal to Laurance Spelman Rockefeller in recognition of his leadership on behalf of natural resource conservation and historic preservation. Authorizes appropriations. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal.
United States · United States Congress · 7 November 1989
Directs the heads of Federal departments or agencies which hold or receive records and information which have or could possibly have been correlated to U.S. personnel listed as prisoners of war or missing in action in World War II and the Korean and Vietnam conflicts to publicly disclose such records and information, except where such disclosure would compromise national security. Requires the Department of Defense to publicly disclose a complete list of such personnel including those killed in action (body not returned) in such hostilities with each service member's current classification as well as any changes in such classification occurring during or after such hostilities.
United States · United States Congress · 7 November 1989
Expresses the sense of the House of Representatives that the President should vote in support of increasing the international minimum age for combat to 17 years of age in the United Nations Convention on the Rights of the Child.
United States · United States Congress · 3 November 1989
Amends the Disaster Assistance Act of 1989 to make earthquake losses in orchards, forest crops, and rural business enterprises eligible for disaster assistance under such Act. Makes ornamentals eligible for such assistance. Increases rural business enterprise assistance limits from $200,000,000 to $300,000,000.
United States · United States Congress · 2 November 1989
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's Tuition Assistance Account, the Hazardous Materials Response Computer Account, the In Search of Excellence 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. Funds such museum exclusively through the Fund. Establishes a National Hero Scholarship to fund the higher education of the children or spouse 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 In Search of Excellence Research and Education Account of the Fund to fund other specified programs under the Fire Prevention and Control Act of 1974. Establishes the Firefighters Assistance Trust Fund. Places the National Academy for Fire Prevention and Control within the United States Fire Administration. Directs the Administrator to use funds from the Hazardous Materials Response Computer Account of the fund to procure computer equipment for fire services that want such 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 State fire marshals, 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.
United States · United States Congress · 2 November 1989
Declares that it is the policy of the United States to recognize Brazil's sovereign authority in the Amazon and that the United States should adopt a policy to encourage and support conservation efforts initiated by Brazil to protect the Amazon forest. Declares that the United States should redouble its efforts to address development within its own borders in an environmentally sound and sustainable manner.
United States · United States Congress · 1 November 1989
Amends title II (Old, Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to require that regular monthly OASDI payments be made in a manner which ensures their receipt no later than the first day following the month to which they are attributable.
United States · United States Congress · 1 November 1989
Agriculture and Ground Water Policy Coordination Act - Title I: Ground Water Policy in the Department of Agriculture - Sets forth the groundwater policy of the Department of Agriculture (the Department) with respect to agrichemicals. Establishes the Office of Ground Water Policy Coordination (the Office) in the Department. Sets forth the duties of the Director of the Office (the Director). Establishes an interagency committee on groundwater policy in the Department. Requires the Director to establish technical advisory committees, as necessary. Requires the Director to formalize the existence of certain technical integration groups. Authorizes the Director to establish interagency technical support committees. Provides for the development and implementation of agricultural groundwater policy within the Department, including an agency-specific groundwater policy statement and implementation plan, a national agricultural groundwater plan, and an annual groundwater activities report. Authorizes appropriations. Title II: Coordination with State Programs - Directs the Secretary of Agriculture (the Secretary) to require the establishment of State groundwater coordinator committees (the committees) within the food and agricultural councils. Directs the Secretary to establish, through the Extension Service, a groundwater supply quality coordinator (the coordinator) in each State extension service. Directs each State committee and coordinator to work with Federal, State, and other appropriate entities to: (1) evaluate the State's groundwater plan's adequacy in addressing agricultural sources of nonpoint source pollutants; (2) review the relevance of certain water quality protection projects to groundwater protection programs; (3) assess the identification and mapping of hydrologic units; and (4) assess the adequacy of the State's programs for addressing agricultural sources of groundwater contamination. Authorizes appropriations. Title III: Extension and Education - Directs the Secretary, in consultation with the Administrator of the Environmental Protection Agency (EPA), to establish in or through the Extension Service national education programs on: (1) pesticides; (2) the use of plant nutrient materials; and (3) the management of water resources. Directs the Secretary, through the Extension Service and the Office, to establish a national training program for: (1) the groundwater quality coordinators; and (2) appropriate field office and Department personnel on groundwater protection. Directs the Secretary to establish in the Extension Service a national well water testing program. Authorizes appropriations. Title IV: Soil Conservation Service - Requires the Soil Conservation Service (SCS) to protect and improve groundwater quality through specified activities. Authorizes appropriations. Title V: Research - Directs the Secretary, through Department agencies and the Director, to conduct or assist research on specified topics relating to agriculture and groundwater. Requires each State coordinator to request representative Federal, State, and university scientists to work with the State committee and coordinator to establish a prioritized agriculture and groundwater research agenda for the State. Provides for coordination of such State agendas in establishing a prioritized research agenda for regional projects. Requires the Director to use regional reports in establishing a national agricultural groundwater plan, developing funding priorities in Department water quality research programs, and requesting certain research proposals. Authorizes appropriations. Title VI: National Agricultural and Ground Water Clearinghouse - Directs the Secretary, through the Director of the National Agricultural Library (the Library), to establish at the Library a repository of reports developed under this Act. Requires the Secretary, through the Director of the Library and in consultation with the Tennessee Valley Authority, to establish at the Library a data base on State programs and State laws relating to groundwater quality and agriculture. Requires the Director of the Library to collaborate with the Director of the Office, State coordinators, and Department agency administrators to develop a standardized format for the entry and description of State programs, activities, and results. Requires the Director of the Office to report to the Congress on measures necessary to develop a national data base on agricultural practices and groundwater resources to be located at the Library. Directs the Secretary, after the submission of such report to initiate the development of such data base. Authorizes appropriations.
United States · United States Congress · 31 October 1989
Sustainable Agricultural Adjustment Act of 1989 - Title I: General Provisions - Sets forth sustainable agricultural reporting requirements of the Secretary of Agriculture. Title II: Farm Program Flexibility Option - Directs the Secretary to establish a program (program) to assist farmers in adopting sustainable agricultural production systems aimed at: (1) enhancing profitability and productivity; (2) conservation; (3) protecting human and animal welfare; (4) minimizing chemical use; and (5) promoting diversification. Prohibits farm program payment yield reductions for program participants. Title III: Sustainable Agriculture Research and Extension Program - Establishes within the Extension Service a Sustainable Agriculture Extension Program. Title IV: Technical and Financial Assistance - Subtitle A: Technical Assistance and Training - Directs the Secretary to: (1) revise the Soil Conservation Service field office technical guides to incorporate sustainable agricultural practices; and (2) establish grants for such purpose. Authorizes appropriations. Directs the Secretary to provide related in-service training for the Extension Service and the Soil Conservation Service. Subtitle B: Financial Assistance - Authorizes the Secretary to enter into cost-sharing agreements with producers who implement farm management plans.
United States · United States Congress · 26 October 1989
Earthquake Hazards Reduction Act of 1977 Amendments Act - Amends the Earthquake Hazards Reduction Act of 1977 to give to the Federal Emergency Management Agency the responsibility to lead the National Earthquake Hazards Reduction Program. Revises: (1) the duties of the Director of the Agency; (2) Program objectives; (3) research elements required in the Program, including specifying that research includes basic and applied research; and (4) mitigation elements required in the Program. Sets forth the public education and planning and response elements of the Program. Requires the establishment within the U.S. Geological Survey of a Center for the International Exchange of Earthquake Information. Establishes within the U.S. Geological Survey an Earthquake Investigations Program to learn lessons which can be applied to reduce the loss of lives and property in future earthquakes. Increases the authorization of appropriations to the National Institute of Standards and Technology for responsibilities under the Act. Authorizes appropriations to the U.S. Geological Survey for earthquake investigations under this Act.
United States · United States Congress · 25 October 1989
Hazardous Materials Transportation Act Uniform Safety Amendments Act of 1989 - Amends the Hazardous Materials Transportation Act to direct the Secretary of Transportation to issue regulations for the safe transportation of hazardous materials in domestic and foreign commerce (including route designations). Cites the area in which Federal regulations preempt State hazardous materials transportation requirements. Authorizes the Secretary to promulgate regulations for dispute resolution among the States or Indian tribes regarding hazardous materials highway route designations. Permits States or Indian tribes to petition for judicial review of the dispute resolution decision. Grants the Secretary discretion to either adopt or reject hazardous materials transportation standards adopted by international bodies according to the Secretary's perception of the public interest. Requires a person who offers a hazardous material for transportation in commerce to disclose to the carrier specified information on such material. Prohibits a person from altering any required marking or packaging of hazardous materials. Prohibits a person who receives a package containing a hazardous material from removing any such markings from the package until the material has been removed. Directs the Secretary to issue regulations governing the number, content, and placement of documents with respect to the transportation of hazardous materials. Provides for: (1) filing of registration statements with the Secretary by persons who transport hazardous materials; (2) the issuance of safety permits to motor carriers who transport specified hazardous materials; and registration statements and safety permit fees. Increases the penalties for persons who commit violations in the transport of hazardous materials. Prescribes guidelines under which the preemption of State laws or Indian laws conflicting with this Act shall be determined. Authorizes appropriations for FY 1990 through 1992. Directs the Secretary to conduct a study on a State-by-State basis of the flow of hazardous materials in commerce and the capability of emergency response to unintentional releases of them in the United States. Requires the Secretary to issue guidelines for the preparation and submission of a hazardous materials transportation emergency preparedness assessment of each State. Requires the Secretary to issue regulations with respect to the safe transportation of high-level radioactive waste and spent nuclear fuel (including mode and route designations). Prohibits any railroad tank car constructed before a specified date from being used for the transportation of certain explosives or hazardous materials unless its air brake equipment support attachments comply with minimum Federal standards. Requires the Secretary to conduct a study of the present system of identifying hazardous materials and of means to improve such identification while in transit. Provides for State participation in the regulation of the transportation of hazardous materials by rail carriers. Requires the Secretary to issue regulations for the safe operation of trains that transport specified hazardous materials. Directs the Secretary to promulgate regulations to prohibit the transportation in commerce of hazardous materials or solid waste in any motor vehicle which is also used to transport any food, food additive, drug, cosmetic, or device, or any package containing such items. Requires the Secretary to issue regulations with respect to making safety ratings of motor carriers available to the public. Requires the Federal Railroad Administration, the Federal Highway Administration, and the Research and Special Programs Administration to employ an additional number of safety inspectors. Provides for State participation in the regulation of hazardous materials transported by rail carriers.
United States · United States Congress · 25 October 1989
Establishes within the Department of Energy an Office for Environment, Safety, and Health, to be headed by an Assistant Secretary assisted by a Chief Environment Officer, a Chief Safety Officer, and a Chief Health Officer. Outlines the Assistant Secretary's functions, including: (1) establishing a coordinated Departmental policy on environment, safety, and health issues; (2) reviewing Departmental procedures regarding such policy issues; (3) acquiring updated information through technical liaison with experts in nuclear facilities safety and health; and (4) reporting to the Congress regarding such coordinated Departmental policy.
United States · United States Congress · 23 October 1989
Federal Inspection for Seafood Healthfulness Act of 1989 - Amends the Agricultural Marketing Act of 1946 to require the Secretary of Agriculture to develop an inspection program for seafood and seafood products to protect the public from adulterated and misbranded products. Prohibits any establishment or vessel from processing seafood (any aquatic plant or animal capable of use as human food) unless registered under the program. Requires all seafood labeling to be approved by the Secretary prior to use. Provides for the inspection of establishments and vessels registered under the program and for condemnation of adulterated or misbranded seafood. Requires the Secretary, with the Secretary of Commerce, to establish a system to sample and test seafood and seafood products to identify geographical areas having significant quantities of products not in compliance with this Act. Imposes standards, inspection requirements, and sampling requirements on imported seafood and seafood products. Requires the Secretary to review, upon request, the seafood inspection program of countries desiring to export products to the United States. Sets U.S. seafood export standards. Directs the Secretary to encourage States to establish seafood inspection programs, providing Federal assistance for such programs. Prescribes prohibited acts relating to seafood processing, sale, and transport, imposing civil and criminal penalties for violations. Exempts carriers from penalties for delivery of adulterated or misbranded seafood and products unless certain knowledge and other requirements are met. Exempts from this Act establishments and vessels processing seafood not intended for use as human food, intended for personal use, for certain restaurant processing, and vessels that do not process seafood by certain methods. Directs the implementation of a national program for seafood safety education. Authorizes appropriations. Requires reports to the Congress.
United States · United States Congress · 18 October 1989
Approves the location of a commemorative work to honor women who served in the armed forces of the United States in Vietnam during the Vietnam era on certain Federal land in the District of Columbia.
United States · United States Congress · 17 October 1989
Consumer Seafood Safety Act of 1989 - Prohibits: (1) processing or selling any fish or fishery product deemed adulterated under this Act; (2) refusal to permit inspection of a vessel or establishment, or otherwise interfering with any person in carrying out duties under this Act; (3) unauthorized reproduction, alteration, or destruction of any official stamp or certificate; (4) keeping false records or destruction of required records; (5) processing fish without a certificate issued by the Secretary of Agriculture (Secretary); and (6) importing fish or fishery products which fail to comply with all the inspection, good processing practice, and other provisions of this Act. Prescribes fines for commission of any of such prohibited acts. Authorizes the Secretary to refuse to provide inspection services to protect the public health, curb persistent violations or enforce the other provisions of this Act. Makes any person who intentionally adulterates fish or fishery products guilty of a felony and sets forth imprisonment requirements. Deems fish or fishery products adulterated if they: (1) contain any substance hazardous to human health; (2) have not been processed in accordance with provisions of this Act; (3) are made from shellfish harvested in a growing area determined to contain substances that will cause each shellfish to be injurious to health; and (4) are imported from a country that does not use a fish safety program approved by the Secretary. Directs the Secretary of Health and Human Services to contract with the National Academy of Sciences to identify the chemical and microbiological contaminants, parasites, and toxins which are most likely to be found in fish and fish products and cause fish or fish products to be unsafe for human consumption. Directs the Secretary of Agriculture to: (1) prescribe standards of sanitation and other good processing, storage, and handling for each stage of the processing of fish and fishery products; (2) issue a certificate which requires proof of sanitation and storage facilities on an establishment or vessel and implementation of a quality assurance program approved by the Secretary; and (3) prescribe standards for identifying and marking fish or fishery products with an official stamp available only for fish and fishery products processed at all stages by certified establishments or vessels. Sets forth the circumstances in which a certificate may be suspended. Allows a holder of a suspended certificate to submit a new certification application at any time. Provides for inspection of each establishment or vessel where fish or fishery products are processed for interstate commerce. Authorizes the Secretary to direct that any labeling or packaging of fish or fishery products which the Secretary has reason to believe is false or misleading be withheld and that any otherwise authorized official mark not be used. Directs the Secretary to publish regulations regarding records describing all activities relevant to food safety and sanitation, with the records available for public inspection. Allows the Secretary, when the Secretary determines that the inspection system of any foreign country is at least equal to the provisions of this Act, to accept certain certificates as compliance with the requirements of this Act. Prohibits any employer from discriminating against any employee because the employee has assisted in the carrying out of this Act. Directs the Secretary to: (1) establish priorities for fish and fish products safety research; and (2) design and implement a national program for fish and fish products safety education. Authorizes appropriations to carry out this Act.
United States · United States Congress · 17 October 1989
Newsprint Recycling Incentives Act of 1989 - Amends the Solid Waste Disposal Act to require producers or importers of newsprint to recycle, through methods specified under this Act, an amount of newsprint equal to at least the amount determined by multiplying the amount of newsprint produced or imported annually by such individuals by the recycling percentage established by the Administrator of the Environmental Protection Agency (EPA). Authorizes such individuals to comply with this Act by: (1) recycling (through deinking) newsprint; (2) purchasing recycled newsprint to combine with shipments of virgin newsprint; or (3) purchasing recycling credits under this Act. Directs the Administrator to establish a recycling percentage that is two points higher than the existing recycling rate for newsprint. Provides for increases in such percentage of two points annually until 1999. Requires the Administrator to promulgate regulations to allow newsprint producers or importers to create or purchase recycling credits. Provides that such regulations shall require: (1) producers and importers to keep specified records; (2) producers of recycled newsprint to notify EPA of capacity to recycle old newsprint; (3) importers of recycled newsprint to notify the U.S. Customs Service of the amount of newsprint being imported and to have certifications of the accuracy of such amount from the trade representative of the country shipping such newsprint to the United States; and (4) producers and importers to report to the Administrator on the amount of recycled newsprint produced or imported annually and the number of credits purchased from, or sold to, other producers or importers. 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 newsprint and newspaper 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 report to be submitted with ten years of this Act's enactment. Applies recycling requirements to persons who produce or import more than ten tons of newsprint annually. Sets the recycling percentage at 20 percent if the Administrator fails to promulgate such regulations. Prescribes civil penalties for violations of this Act. Authorizes appropriations.
United States · United States Congress · 12 October 1989
Incarcerated Veterans Rehabilitation and Readjustment Act of 1989 - Title I: Incarcerated Veteran Assessment and Assistance - Directs the Attorney General to identify those individuals who may be veterans among those: (1) entering Federal prisons; and (2) who are incarcerated in such prisons and who are to remain incarcerated for more than 30 days. Requires the Attorney General to transmit to the Secretary of Veterans Affairs the names and locations of such prisoners. Directs the Secretary to inform such prisoners of their ability to have their veteran status determined and to inform those prisoners determined to be veterans of their rights to veterans' benefits and services as affected by their incarceration. Outlines other information to be provided. Requires the Secretary to suspend all debt collection activities being undertaken against any such prisoner for the entire period of incarceration and six months thereafter. Requires such debt collection suspension for both Federal and State or local inmates. Title II: Incarcerated Veteran Rehabilitation Counseling - Directs the Secretary to: (1) provide readjustment counseling services to those incarcerated veterans suffering from mental and psychological disorders stemming from their military service; (2) safeguard such veterans' possibility of being adjudicated as having service-connected disabilities to the same extent as non-incarcerated veterans; (3) designate an employee from a regional office of the Department of Veterans Affairs to act as a liaison between each Federal prison and the Department for such veterans; (4) review physical examinations of such veterans to determine whether they are eligible for benefits under the Veterans' Dioxin and Radiation Exposure Compensation Standards Act; and (5) ensure that the designated Department liaison provides liaison services between families of incarcerated veterans and Federal prisons. Directs the Attorney General to: (1) conduct physical examinations, with the incarcerated veterans' consent, for the purpose of aiding in the determination of eligibility for exposure benefits under such Act; (2) transmit such examination results to the Secretary; (3) inform the Secretary of an incarcerated veteran's impending release; and (4) encourage the organization of self-help groups and other similar programs that may contribute to the rehabilitation of incarcerated veterans. Title III: Readjustment Counseling Education - Directs the Secretary to develop a training curriculum, to be available to individuals, organizations, agencies, and health facilities, for assisting relevant professionals employed by the Bureau of Prisons in acquiring the expertise necessary to diagnose and treat psychiatric disabilities peculiar to veterans. Title IV: Post-Incarceration Readjustment Services - Requires the Secretary, upon receiving the names of those veterans about to be released from incarceration, to inform such veterans of readjustment benefits and services available to them. Requires the Assistant Secretary of Veterans Affairs to designate a disabled veterans' outreach program specialist in each State where a Federal prison is located to serve as liaison between such program and such prison. Directs the Chairman of the United States Parole Commission to: (1) integrate the services available from the readjustment counseling program of the Department into the Federal parole program for released veterans; and (2) encourage Federal parole officers to encourage paroled veterans to make use of vet centers and maintain contact with vet center personnel. Title V: State and Local Outreach Assistance - Directs the Secretary and Assistant Secretary, within six months after enactment of this Act, to implement a program to extend the benefits of this Act to State and local penal institutions with respect to veterans incarcerated in such institutions. Title VI: Miscellaneous - Directs the Attorney General, the Secretary, the Assistant Secretary, and the Chairman of the U.S. Parole Commission to report annually to the Congress on their activities in implementing this Act.
United States · United States Congress · 12 October 1989
Expresses the sense of the Congress that: (1) settlement of the civil war in El Salvador can only be achieved through negotiations to end hostilities and to incorporate the FMLN into the democratic process; (2) President Cristiani and the FMLN should be urged to continue the negotiating process until a successful conclusion; (3) the United States should encourage all parties, including the Salvadoran armed forces, to support the negotiations; and (4) the United States should stand ready to help implement a negotiated settlement by restructuring its assistance program to increase support for land reform and for the construction of health care and educational facilities to benefit the Salvadoran poor.
United States · United States Congress · 10 October 1989
Expresses concern over the repeated human rights violations by the Government of the Republic of Korea. Requests the President and the Secretary of State to: (1) continue to monitor closely human rights conditions in South Korea; and (2) call upon such Government to respect the human rights of its citizens, resume its course toward democracy, release all persons being held for their nonviolent political activities or expression of beliefs, and permit opposition parties to operate freely and without harassment.
United States · United States Congress · 6 October 1989
Food Contamination Prevention Act - Amends the Solid Waste Disposal Act to require the Administrator of the Environmental Protection Agency to promulgate regulations: (1) prohibiting the transportation in commerce of hazardous, medical, recyclable, and terminal waste in any refrigerated or other vehicle designed for transporting perishable food or in any vehicle that is also used to transport any food, food additive, drug, cosmetic, or device, or any package containing such items; (2) establishing health and safety standards for the transportation in commerce of recyclable and reusable waste in vehicles that are also used to transport any food, food additive, drug, cosmetic, or device, or any package containing such items; (3) requiring any vehicle used to transport solid waste to be labeled in a manner that identifies the vehicle as a dedicated or nondedicated waste vehicle and that identifies the class of waste transported by such vehicle; (4) requiring each solid waste management facility to institute a program to ensure that all nondedicated waste vehicles that are used to transport solid waste are kept free from contaminants through the use of reasonably available current technology; and (5) establishing criteria for three classes of nonhazardous solid waste (reusable, recyclable, and terminal as defined in this Act). Prescribes criminal penalties for violation of such regulations.
United States · United States Congress · 6 October 1989
Requires the Secretary of Transportation to revise Federal motor vehicle safety standards with respect to light trucks and multi-purpose passenger vehicles under the National Traffic and Motor Vehicle Safety Act of 1966. Amends the Motor Vehicle Information and Cost Savings Act to require the Secretary to promulgate regulations to require manufacturers of motor vehicles to affix a label disclosing a bumper impact speed which meets specified damage criteria. Directs the Secretary to revise a certain bumper standard to conform with an earlier standard. Requires the Secretary to establish a program requiring all passenger automobiles used by the Federal Government to be equipped with driver-side and front seat passenger side airbags by September 30, 1990, and September 30, 1993, respectively.
United States · United States Congress · 5 October 1989
International and South Pacific Forestry Cooperation Act of 1989 - Authorizes the Secretary of Agriculture to undertake various activities to promote sound management and conservation of forests and related natural resources in other countries and in U.S. territories in the South Pacific. Authorizes the Secretary, in cooperation with the Government of American Samoa, to establish: (1) the South Pacific Tropical Forestry Research Center; and (2) the American Samoa Experimental Forest. Authorizes appropriations.
United States · United States Congress · 5 October 1989
National Historic Preservation Policy Act of 1989 - Amends the National Historic Preservation Act to revise its findings and policy statement. Title I: Federal Historic Preservation Programs - Amends the National Historic Preservation Act with respect to: (1) Federal Government-wide historic preservation responsibilities; (2) Federal agency preservation compliance requirements; (3) avoidable destruction or disruption of historic properties by a Federal undertaking; (4) payment of preservation costs; (5) confidentiality of certain information about historic resources; (6) Federal leasing of historic property; (7) the international historic preservation responsibilities of Federal agencies; (8) expansion and maintenance of the National Register of Historic Places; and (9) archaeological resources of critical importance. Makes conforming amendments to the Historic Sites Act. Amends the Archaeological Resources Protection Act of 1979 to: (1) revise procedures for granting permits for archaeology on Federal and Indian lands; (2) prohibit certain unauthorized archaeological activities and transactions involving such lands; (3) establish criminal penalties for violations of such prohibitions; (4) require the Advisory Council on Historic Preservation to establish national priorities for archaeological research; (5) direct the Advisory Council to call for and organize U.S. participation in an international conference on the international antiquities trade; (6) require the Advisory Council to establish professional qualifications and performance standards for archaeologists under contracts with the United States or beneficiaries of Federal assistance; (7) require each State historic preservation program to have a plan dealing with archaeology on private land; (8) direct each Federal agency and every federally-assisted State, local, and tribal historic preservation program to adopt Advisory Council policies and procedures regarding human remains and associated grave goods that may be disturbed by land development, natural causes, archaeological excavations, and so forth; (9) direct the Advisory Council to establish a program for the registration of artifacts removed from archaeological sites domestic and foreign; and (10) require the Advisory Council to establish an Archaeology Advisory Board. Title II: State Historic Preservation Programs - Amends the National Historic Preservation Act to revise requirements for State historic preservation programs. Title III: Tribal Historic Preservation Programs - Amends the National Historic Preservation Act to establish requirements for tribal historic preservation programs. Title IV: Local Historic Preservation Programs - Amends the National Historic Preservation Act to revise requirements for local historic preservation programs. Title V: Education and Training - Amends the National Historic Preservation Act to revise requirements for a comprehensive preservation education and training program. Title VI: Advisory Committees and National Preservation Center - Establishes the: (1) Preservation Advisory Committee; and (2) Archeology Advisory Board. Establishes a National Center for Preservation Technology in the Historic Preservation Agency. Transfers functions of the Cultural Property Advisory Committee of the U.S. Information Agency to the Preservation Agency.
United States · United States Congress · 5 October 1989
Declares that: (1) Antarctica is a global ecological commons and should be managed under a new agreement among the Antarctic Treaty Consultative Parties or a protocol to the Convention on the Regulation of Antarctic Mineral Resource Activities which should for an indefinite period establish Antarctica as a region closed to commercial minerals development and related activities; (2) under such new agreement, information about minerals or other resources in Antarctica should be obtained under strictly controlled arrangements and should be openly shared in the international scientific community; (3) the Convention is not adequate to protect the environment of Antarctica and could stimulate commercial exploitation; (4) pending the negotiations and entry into force of a new agreement or protocol ensuring the full protection of Antarctica as a global ecological commons, the President should not present the Convention to the Senate for advice and consent to ratification; (5) the United States should support the interim measures presently in force among nations signatory to the Convention; and (6) the negotiation of such a new agreement or protocol should be a major item on the agenda of the pending XV Antarctic Treaty Consultative meeting opening on October 9, 1989.
United States · United States Congress · 4 October 1989
Requires the U.S. Government to exhaust all reasonable possibilities to obtain proof of the death of a missing person in order to establish a reasonable presumption that a member of the armed forces in a missing status is dead. Requires the head of the Federal agency concerned to provide certain procedural rights to the primary next of kin of a missing person when an action is to be undertaken by such agency to review the status of such missing person, including the right to review all information obtained by such agency with regard to the missing person's status. Directs the Secretary of Defense to study and report to the Senate and House Armed Services Committees on current provisions of the Missing Persons Act.
United States · United States Congress · 4 October 1989
Global Environmental Standards Reporting Act - Directs the Environmental Protection Agency to report annually to the Congress on: (1) environmental laws in major trading countries, including members of the Organization for Economic Cooperation and Development, Brazil, Mexico, South Korea, and Taiwan; (2) progress in compliance with such laws in such countries and the United States; and (3) governmental financial assistance, including tax incentives, grants, and low interest loans to industry to achieve compliance with such laws.
United States · United States Congress · 4 October 1989
Polish and Hungarian Democracy Initiative of 1989 - Title I: Structural Adjustment - Requires the U.S. Government, to the extent that Poland and Hungary continue to evolve toward pluralism and democracy and develop and implement comprehensive economic reform programs, to: (1) take the leadership in mobilizing international financial institutions to provide timely and appropriate resources to help Poland and Hungary; (2) use the Exchange Stabilization Fund to support the implementation of a plan of the Polish Government to attack hyperinflation and other structural economic problems, address pressing social problems, and carry out comprehensive economic reform; (3) urge all members of the Paris Club of creditor governments and other creditor governments to adopt a generous and early rescheduling program for debts owed by the Polish Government, and reschedule payments due on the debt owed by such Government to the U.S. Government that is payable during FY 1990 through 1994; and (4) make available to Poland U.S. agricultural assistance and encourage parallel efforts by the European Community and other agricultural surplus nations. Sets a minimum level of agricultural assistance to Poland for FY 1990. Requires the President to submit a report to the Congress: (1) describing the steps taken by the U.S. Government under this Act; (2) assessing Poland's requirements for additional agricultural assistance during FY 1990 and for assistance during FY 1991 through 1992; and (3) specifying how much agricultural assistance the President proposes be provided by the United States to meet those requirements. Directs the President to provide to the Congress revised assessments of Poland's requirements for agricultural assistance during FY 1991 through 1992, as additional information becomes available. Title II: Private Sector Development - Authorizes appropriations for the three-year period beginning October 1, 1989, to support the Polish-American Enterprise Fund and the Hungarian-American Enterprise Funds (Enterprise Funds). Authorizes the President to designate two private, nonprofit organizations as eligible to receive funds and support (the Enterprise Funds). Sets forth provisions with respect to the management and administration of such funds, audits, recordkeeping, and reporting requirements. Requires each Enterprise Fund to take into account such considerations as internationally recognized worker and human rights, environmental factors, U.S. economic and employment effects, and the likelihood of commercial viability of the activity receiving assistance from the Enterprise Fund. Requires the Secretary of Labor to provide technical assistance to Poland and Hungary for the implementation of labor market reforms and to facilitate adjustment during the period of economic transition and reform. Specifies types of technical assistance authorized, including assistance pertaining to job training and retraining, labor-management relations, and worker rights. Requires the President to develop and implement a program for extending basic agribusiness, commercial, entrepreneurial, financial, scientific, and technical skills to the people of Poland and Hungary to enable them to better meet their needs and develop a market economy, including management training and agricultural extension activities. Specifies agencies, programs, and organizations participating in such program. Authorizes appropriations. Authorizes appropriations to carry out programs in Poland and Hungary under the Peace Corps Act. Directs that a portion of specified agricultural commodities be made available and sold or bartered to generate local currencies to be used to complement the assistance for Poland authorized by this Act. Title III: Trade and Investment - Amends: (1) the Trade Act of 1974 to make Poland eligible for the Generalized System of Preferences; and (2) the Foreign Assistance Act to make Poland and Hungary eligible for Overseas Private Investment Corporation (OPIC) programs. Directs the OPIC to support projects in Poland and Hungary which will result in enhancement of the nongovernmental sector and reduction of State involvement in the economy. Amends the Export-Import Bank Act of 1945 to remove Poland and Hungary from a list of Marxist-Leninist countries. Directs the Export-Import Bank and the Agency for International Development (AID) to work with certain international financial intermediaries which will facilitate trade between the United States and Poland which is eligible for financing from such Bank. Authorizes the President to provide guarantees to the Bank for liabilities incurred in connection with guarantees or insurance provided under the Export-Import Bank Act of 1945 for financing for transactions involving the export of goods and services for the use of the private sector in Poland and Hungary. Limits such guarantees to short-term guarantees and insurance extended by the Banks which shall be repayable within one year from the date of arrival at the port of importation of the goods and services covered by such guarantees or insurance. Provides that such guarantees or insurance shall: (1) be by the Administrator of AID and the Bank; and (2) provide for the establishment of a reserve fund by the administering agency. Sets forth provisions with respect to funding, the discharge of liabilities, reporting requirements, administrative and technical assistance, fees and premiums charged by the Bank, and congressional reporting requirements in connection with guarantees of insurance guaranteed by the administering agency. Authorizes appropriations. Urges the President to seek bilateral investment treaties with Poland and Hungary to establish a more stable legal framework for U.S. investment in those countries. Title IV: Educational, Cultural, and Scientific Activities - Urges the United States to: (1) expand its participation in educational and cultural exchange activities with Poland and Hungary; and (2) establish binational Fulbright commissions with Poland and Hungary to facilitate and enhance academic and scholarly exchanges with those countries. Encourages the establishment of "sister institution" programs between American and Polish, and American and Hungarian, organizations. Authorizes appropriations. Requires the Administrator to establish and administer a program to provide scholarships to enable students from Poland and Hungary to study in the United States. Authorizes the Administrator to make grants to States to provide scholarship assistance for undergraduate or graduate degree programs, and training programs of one year or longer, in study areas related to the critical development needs of Poland and Hungary. Authorizes appropriations to the Secretary of State to continue to implement the 1987 U.S.-Polish science and technology agreement for FY 1990 through 1992. Title V: Other Assistance - Authorizes appropriations to support democratic institutions and activities in Poland and Hungary. Authorizes appropriations to undertake such action (including educational, research, and technical and financial assistance) as the Administrator of the Environmental Protection Agency (EPA) deems appropriate in protecting the environment in Poland and Hungary. Authorizes the Administrator to cooperate with Polish officials and experts to: (1) establish an air quality monitoring network in the Krakow metropolitan area as part of Poland's national air monitoring network; and (2) improve both water quality and the availability of drinking water in such area. Requires the Administrator to work with the United States and Hungarian officials and private parties to establish a regional center in Budapest for facilitating cooperative environmental activities between governmental experts and public and private organizations from the United States and Europe. Authorizes appropriations for EPA activities for FY 1990 through 1992. Directs the Secretary of Energy to cooperate with Polish officials and experts to: (1) retrofit a coal-fired commercial powerplant in Krakow, Poland, with advanced clean coal technology; and (2) assess and develop the capability within Poland to manufacture boilers or other equipment that will enable industrial facilities within Poland to burn fossil fuels cleanly. Authorizes appropriations. Authorizes appropriations for medical supplies, hospital equipment, and training of Polish medical personnel. Title VI: Other Provisions - Requires: (1) the President to submit a report to the Congress on actions taken pursuant to this Act; and (2) the Secretary of State to coordinate the assistance for Poland and Hungary provided for in this Act.