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
Prohibits the Secretary of the Interior from issuing any oil or gas exploration leases or licenses on submerged lands off the coastlines of the eastern seaboard, western seaboard, and Alaska (the Outer Continental Shelf). Retains the leases, licenses, and permits in effect on the date of enactment of this Act. Directs the Secretary to cancel (with compensation) specified leases or permits in effect on such date. Directs the Secretary to report to the Congress on alternative options for compensating leaseholders of specified land tracts.
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
Long Island Sound Conservancy Act of 1989 - Directs the Administrator of the Environmental Protection Agency (EPA) to extend a certain management conference for Long Island Sound until September 30, 1998. Establishes a policy committee within such conference. Amends the Federal Water Pollution Control Act to establish within EPA a Long Island Sound Office. Establishes within the Office a Long Island Sound Office Advisory Committee. Requires the Director of the Office, through the Committee, to convene conferences for legislators from State governments and political subdivisions to coordinate legislative efforts to facilitate the environmental restoration of the Sound and the implementation of the conservation and management plan. Directs the Director to collect and make available to the public information relating to the environmental quality of the Sound. Authorizes the Director to provide technical assistance and the use of EPA facilities to the Citizens Advisory Committee on the Long Island Sound Study. Provides for the coordination of Federal programs with respect to the Sound. Requires the Director, acting through the Committee, to study and report to the appropriate congressional committees on oil spill preparedness and Federal oil spill contingency plans for oil spills in the Sound. Directs the Director to solicit quarterly reports from regional EPA offices with jurisdiction in the Sound on environmental enforcement issues with respect to the Sound. Requires the Director to designate an Office staff member as Office Director for Enforcement Evaluation. Authorizes the Administrator, acting through the Director, to make grants from the Long Island Sound Fund for: (1) environmental monitoring and cleanup of the Sound and educational programs to encourage the restoration of the Sound; (2) supplemental environmental enforcement personnel and special enforcement needs in the Sound; (3) research and planning; and (4) implementation of management mechanisms, at the requests of States affected by the Sound conservation and management plan. Requires grant recipients to report biennially to the Administrator, the Director, and the Committee on progress in meeting grant objectives. Sets forth the application process for implementation grants. Limits Fund monies available for implementation grants and the administrative costs of such grants. Permits the Administrator to prescribe grant eligibility requirements. Directs the Administrator to consult with the Director and the Committee in making grants through the EPA Office of Pollution Prevention for onsite reduction of pollution sources. Requires the Director, acting through the Committee, to establish a schedule for the initiation of research and planning studies under this Act. Directs the Director to conduct the following studies: (1) an examination of the unfinished agenda described in the final report of the Management Committee of Long Island Sound; (2) a 20-year growth assessment of the adequacy of wastewater treatment facilities serving the Sound with respect to estimated increases in population and usage of such facilities; (3) a survey of public access issues relating to the Sound and the development of a map describing such access; (4) an examination of contaminated sediments and of dredging activities in the Sound; (5) an examination of nonpoint source pollution in the Sound; (6) an examination of wetlands protection issues; (7) an assessment of effective methods of nitrogen removal to abate pollution in the Sound; (8) an examination of atmospheric acid precipitation and deposition into Sound waters; (9) an assessment of water quality issues; and (10) an assessment of recreational uses and demands in the Sound. Prohibits the Director from duplicating any study for which a comparable study exists. Requires the Director, acting through the Committee, to conduct a demonstration project for the removal of: (1) toxic materials from contaminated sediments in the Sound; and (2) nitrogen from pollutants in Norwalk Harbour in the Sound. Directs the Director, acting through the Committee, to report annually to the Congress on: (1) modifications to the conservation and management plan; and (2) studies and demonstration projects and schedules for meeting study and project proposals. Authorizes appropriations. Requires the Director, acting through the Committee, to review and report to the appropriate congressional committees on: (1) the Federal Water Pollution Control Act with respect to the Sound; and (2) the need for a regional authority to effectuate and fund nitrogen removal treatment at sewage treatment plants and watersheds in the Sound and the potential methods of financing such authority. Establishes a Long Island Sound Fund. Makes appropriations to the Fund and makes Fund monies available to carry out this Act.
United States · United States Congress · 17 November 1989
Directs the Secretary of Transportation to prescribe regulations allowing the States to use rights-of-way along Federal-aid highways for the construction of magnetic levitation systems as part of the Federal-aid highway system.
United States · United States Congress · 17 November 1989
Provides eligibility for burial in national cemeteries for: (1) all members of the Selected Reserve; and (2) all members of the armed forces who were entitled to retired pay for non-regular (reserve) service or who would have been entitled to such retired pay but for the fact that such person was under 60 years of age.
United States · United States Congress · 17 November 1989
Urges the Congress to make it a priority to examine the contribution which magnetically levitated and propelled transportation could make to U.S. transportation and international competitiveness.
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
Directs the Secretary of the Treasury to reduce a former President's retirement allowance by a certain amount if the Secretary determines that such individual's earned income exceeds his or her initial retirement allowance. Requires such determination to be done one month after the anniversary of an individual becoming a former President. Requires each former President to provide the information required by the Secretary to make such a determination in order to continue receiving such allowance.
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 · 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 · 31 October 1989
Prohibits: (1) the sale of defense articles under the Arms Export Control Act to or for the Royal Ulster Constabulary or the Ulster Defense Regiment; and (2) the issuance of licenses for exporting such articles, and the export of crime control and detection equipment, for use by such entities. Directs the Secretary of State to report to the House Committee on Foreign Affairs and the Senate Committee on Foreign Relations on cooperation between United Kingdom security forces and militias and paramilitary groups in Northern Ireland.
United States · United States Congress · 26 October 1989
Rural Assistance and Revitalization Act of 1989 - Title I: Rural Business and Job Creation - Subtitle A: Rural Partnerships Investment Board - Establishes a Rural Partnerships Investment Board to provide lines of credit to enable eligible entities to develop rural business development revolving funds. Establishes in the Treasury a Rural Business Investment Fund. Subtitle B: Rural Capital Access Program - Directs the Secretary of Agriculture to establish a rural capital access program to encourage lending institutions to provide rural business loans. Subtitle C: Rural Economic Development Administered by the Secretary and the Rural Electrification Administration - Amends the Rural Electrification Act of 1936 to establish a position of Assistant Administrator for Economic Development in the Rural Electrification Administration (REA). Establishes within REA a technical assistance unit to advise borrowers with regard to economic and community development activities. Provides for deferred payment on economic development loans. Amends the Consolidated Farm and Rural Development Act to authorize water and waste facility loans for certain REA borrowers. Amends the Rural Electrification Act of 1936 to establish in the Treasury a Rural Business Incubator Fund to fund REA borrowers in order to create or operate rural business incubators. Title II: Administration - Renames the Department of Agriculture and the Secretary of Agriculture the Department of Agriculture and Rural Development (Department) and the Secretary of Agriculture and Rural Development, respectively. Establishes in the Department the Rural Electrification and Development Administration (Administration) to be headed by an Assistant Secretary for Electrification and Rural Development. Transfers to the Administration: (1) the REA; (2) the community facilities, water and waste disposal, and business and industry loan programs administered by the Farmers Home Administration; and (3) other development programs as the Secretary may assign to the Administration. Establishes in the Rural Development Administration (sic) an Office of Rural Policy. Title III: Information - Directs the Census Bureau to expand its data collection efforts with regard to changing rural economic conditions. Amends the Rural Development Act of 1972 to establish a rural development research grant program. Directs the Secretary to establish: (1) a National Center for Cooperative Research, Education, Training, and Development; and (2) similar regional centers. Title IV: Human Capacity - Amends the Rural Development Act of 1972 to direct the Secretary to establish an Extension Service rural economic and business development program. Amends the Farm Credit Act of 1971 to authorize Farm Credit System (System) institutions to provide technical assistance to rural communities. Amends the Consolidated Farm and Rural Development Act to increase the authorization of appropriations for technical assistance. Title V: Rural Infrastructure - Amends the Consolidated Farm and Rural Development Act to: (1) establish local income-based loan rates for health care and related facilities; (2) increase the ceiling for water and waste facility grants; and (3) establish an emergency community water assistance grant program. Title VI: Provisions Relating to Institutions of the Farm Credit System - Amends the Farm Credit Act of 1971 to authorize System institutions to participate in specified agricultural real estate and operating loan guarantee programs. Increases the scope of System institution credit. Title VII: Regulations - Requires final implementing regulations to be issued within six months of enactment of this Act.
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 · 18 October 1989
Amends the Federal criminal code to prohibit secret service protection, other than on a reimbursable basis, for any former President or family member who is away from his or her domicile and who directly or indirectly obtains income from activities while away.
United States · United States Congress · 16 October 1989
Pornography Victims Protection Act of 1989 - Amends the Federal criminal code with respect to the prohibition against the sexual exploitation of children to add as a condition triggering Federal penalties that the person concerned know that a minor was transported in interstate or foreign commerce for the purpose of producing pornography. Makes it a criminal offense for any person to coerce, intimidate, or fraudulently induce an individual 18 years or older to engage in any sexually explicit conduct for the purposes of producing any visual depiction of such conduct. Grants the U.S. district courts jurisdiction to prevent and restrain violations of this Act. Authorizes the Attorney General or any person threatened with loss or damage by such conduct to institute a civil suit. Provides for treble damages for a victim who suffers physical injury, emotional distress, or property damage. Imposes civil penalties for violation of the prohibition against sexual exploitation of children.
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 · 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 · 3 October 1989
Expresses the sense of the Congress that in determining the allocation of foreign assistance the Department of State should: (1) weigh heavily the persecution, torture, and execution of innocent Somalis by the armed forces of Siad Barre; and (2) insist upon significant improvements in human rights as a precondition to the resumption of foreign assistance to Somalia.
United States · United States Congress · 2 October 1989
Safe Transportation of Food Act - Prohibits any person from: (1) using a refrigerated motor vehicle in the transportation of solid waste; or (2) using a cargo tank that has been used in the transport of hazardous materials for the transportation of food. Authorizes the Secretary of Transportation to waive such prohibition if such waiver is not contrary to the public interest. Requires the Secretary to study measures that will provide for the safe transportation of food and hazardous materials. Directs the Secretary to submit to the Congress a report containing results of such study. Sets forth both civil and criminal penalties. Empowers the Attorney General, at the Secretary's request, to bring action in U.S. district court for equitable relief to redress any violation of this Act or any regulations issued under it.
United States · United States Congress · 28 September 1989
Global Forest Emergency Act - Establishes a national policy of no net loss of forests within the United States and its territories. Makes forest conservation and the sustainable use of forests, domestically and internationally, a national priority. Requires: (1) the President to declare a national forest emergency and work with other nations and international organizations for similar declarations; (2) all U.S. agencies to take all actions within their authority to conserve forests and support forest regeneration and restoration as appropriate to their mission; and (3) the Council on Environmental Quality to establish national objectives to implement and promote such policy. Directs specified U.S. officials to work with the United Nations Food and Agriculture Organization and other international bodies toward a global survey of the world's forests and forest resources to assess the extent, status, and projected trends of the world's forests. Requires such survey to use the best available technology, including satellite imagery. Directs the Agency for International Development and the Forest Service to work together to support and provide technical assistance for national-level forest inventories around the world. Requires the Director of the Office of Science and Technology Policy, through the Federal Coordinating Council for Science, Engineering, and Technology (FCCSET), to prepare a comprehensive research program in forest ecology to be known as the Endangered Forest Research Initiative. Specifies that such Initiative shall include: (1) research roles for specified agencies; (2) cooperative scientific programs with other nations; (3) research toward understanding the role of forests in ameliorating climate change, in preserving biological diversity, in preventing erosion, and in protecting watersheds; and (4) development of technologies and methodology for sustained yield forestry and forest restoration and development of indigenous crops in sustained yield agroforestry. Requires the FCCSET: (1) in preparing the Initiative, to pay particular attention to the recommendations of specified National Academy of Sciences reports; (2) to coordinate with the International Union of Forest Research Associations and other domestic and international organizations as appropriate in developing the Initiative; and (3) to submit the Initiative to the Congress within one year after enactment of this Act. Requires that the recommendations contained in the Initiative be represented in the annual budget requests of the participating agencies and departments. Directs the President to extend an invitation to the Government of Japan to participate in a joint United States-Japan Commission on Global Forest Restoration which shall provide financial and technical assistance to nations, international organizations, local and national nongovernmental organizations, and industry to: (1) develop, initiate, and support a global forest restoration program; (2) seek to implement a global policy of no net loss of forest through conservation of existing forests, natural regeneration, and planting of additional trees; and (3) include training and education activities in forest conservation and restoration techniques. Specifies the U.S. members of the Commission.
United States · United States Congress · 28 September 1989
Amends the Rail Passenger Service Act to repeal an exemption from specified communicable disease control requirements of the Public Health Service Act for waste disposal from railroads operating in intercity rail passenger service.
United States · United States Congress · 27 September 1989
Expresses the sense of the Congress that in recognition of several significant steps that Angola has taken toward peace, national reconciliation, and economic reform it is in the interest of the United States to take steps to normalize relations with the Government of Angola, including: (1) establishing a U.S. liaison office in Luanda; (2) supporting Angola's full participation in multilateral development institutions; and (3) providing humanitarian assistance.
United States · United States Congress · 26 September 1989
Requires the Secretary of Veterans Affairs, in any case in which there has been either a disallowance of a veterans benefits claim or a partially awarded claim, to provide to the claimant a written statement setting forth notice of procedural rights of the claimant and the rationale for the disallowance. Requires that such statement: (1) be provided at each procedural stage relating to the disposition of a claim; (2) include a summary of the evidence supporting the disallowance or the partial award; (3) be in such forms as the Secretary prescribes by regulation; (4) include a description of each subsequent procedural stage before the Department of Veterans Affairs; (5) include a description of all rights of the claimant expressly provided for in the veterans' benefits code, the claimant's right to a hearing, to reconsideration, to appeal, and to representation, and any specific procedures necessary to obtain the various forms of review available for consideration of the claim; and (6) include such other information as the Secretary determines would be useful and practical to assist the claimant in obtaining full consideration of the claim. Adds parallel requirements with respect to the Chairman of the Board of Veterans' Appeals.
United States · United States Congress · 26 September 1989
Bounty Hunter Act of 1989 - Amends the Comprehensive Crime Control Act of 1984 to increase the maximum reward for information leading to the arrest and conviction under Federal law of any individual for the unlawful sale, or possession for sale, of a controlled substance or a controlled substance analogue. Provides for the payment of incentive rewards to States to encourage the establishment of programs to pay similar rewards for violations of State laws.
United States · United States Congress · 18 September 1989
Designates the period of September 16 through October 9, 1989, as Coastweeks '89, recognizing the importance of coastal zones. Designates September 16, 1989, as National Estuaries Day and September 23, 1989, as National Beach Cleanup Day.
United States · United States Congress · 14 September 1989
Includes service of at least one year but less than two years in the Cadet Nurse Corps during World War II as creditable service for purposes of civil service retirement. (Current law provides for individuals with two or more years of service.) Requires affected individuals to: (1) file an appropriate written application with the Office of Personnel Management within 14 months of enactment of this Act; and (2) make required deposits to the Civil Service Retirement and Disability Fund with respect to service in the Corps.
United States · United States Congress · 13 September 1989
Farm Animal and Research Facilities Protection Act of 1989 - Amends the Food Security Act of 1985 to make it unlawful to disrupt or damage a farm animal facility, its animals, or property. Sets forth penalties for violations of this Act. Allows the Secretary of Agriculture to investigate such offenses. Grants U.S. district courts jurisdiction in such cases. Provides for a private right of action.
United States · United States Congress · 4 August 1989
Older Workers Benefit Protection Act - Amends the Age Discrimination in Employment Act of 1967 (ADEA) to specify that it prohibits discrimination against older workers in all employee benefits except when age-based reductions in employee benefit plans are justified by significant cost considerations. Declares that, as used in ADEA, the phrase "compensation, terms, conditions, or privileges of employment" encompasses all employee benefits, including those provided under a bona fide employee benefit plan. Requires that the actual amount of payment made or cost incurred on behalf of an older worker be no less than that made or incurred on behalf of a younger worker, for each benefit or benefit package, in order for an employee benefit plan not to violate ADEA. Places on the employer, employment agency, or labor organization the burden of proving, in any civil enforcement proceeding brought under ADEA, that specified actions are lawful. Requires a seniority system or employee benefit plan to comply with ADEA regardless of the date of adoption of such system or plan. Applies this Act to all actions or proceedings under ADEA that were brought after June 23, 1989, or that were pending on such date (which is the date on which the Supreme Court issued the decision in Public Employees Retirement System of Ohio v. Betts).
United States · United States Congress · 4 August 1989
Yosemite National Park Centennial Medal Act - Directs the Secretary of the Treasury to strike and sell not more than 750,000 gold, silver, and bronze medals in commemoration of the centennial of Yosemite National Park, California, in 1990. Requires that all sales of such medals include a surcharge of $35 per medal for the gold medals, $7 per medal for the silver medals, and $2 per medal for the bronze medals. Requires that all surcharges be paid to an endowment fund for the benefit of the Park to be administered by the National Park Foundation. Requires that the interest from the fund be paid to the Secretary of the Interior to fund special supplemental projects relating to back country trail development and rehabilitation and the preservation of Sequoia groves within the boundaries of the Park. Requires the Secretaries to enter into a memorandum agreement to allow: (1) the Secretary of the Treasury to deliver medals to the Secretary of the Interior; and (2) the Secretary of the Interior to provide for the sale of the medals in National Park facilities. Grants the Comptroller General the right to examine all records of the National Park Foundation which are related to such medals. Provides that no medals may be struck after December 31, 1991.
United States · United States Congress · 4 August 1989
Department of Housing and Urban Development Accountability Act of 1989 - Requires the Secretary of Housing and Urban Development to provide for the following in the housing assistance selection process: (1) publication in the Federal Register of selection criteria and assistance availability; (2) documentation of selection decisions, including individual program documentation standards published in the Federal Register; and (3) specified applicant disclosure. Requires: (1) the Secretary to report to the Congress regarding such activities and a related consultant fee limitation plan; and (2) the Inspector General of the Department of Housing and Urban Development (HUD) to include in his semiannual reports an assessment of compliance with the requirements of this Act. Prohibits during any housing assistance selection process: (1) an applicant from soliciting or obtaining any covered selection information from any HUD officer or employee; or (2) a HUD officer or employee from knowingly disclosing such information to any person other than a person authorized by the Secretary to receive it. Sets forth administrative, civil, and criminal penalties for disclosure violations. Directs the Secretary to consider any applicable low-income tax credit in establishing assisted housing owner profit levels.
United States · United States Congress · 4 August 1989
Radiation and Toxic Substances Research Reorganization Act of 1989 - Transfers to the Secretary of Health and Human Services (Health Secretary) the authority of the Secretary of Energy (Energy Secretary) to conduct, under specified provisions of the Energy Reorganization Act of 1974 and any other law, epidemiological studies of the effects of workplace and public exposure to radiation and toxic substances. Transfers related positions, property, records, obligations, commitments, and unexpended appropriations. Directs the Health Secretary to undertake a comprehensive program of epidemiological research into the health effects of workplace and public exposure to radiation and toxic substances with the aim of identifying the nature and magnitude of the risk to the public and to the workforce of Department of Energy (DOE) facilities resulting from activities of the DOE and its predecessors. Directs the Energy Secretary to submit to the Health Secretary and the Congress: (1) a complete listing of data and records held or maintained by the DOE and of potential use in the conduct and evaluation of epidemiological and related studies; and (2) a complete record of funds expended by that department on research related to the health effects of workplace and public exposure to radiation and toxic substances during each of the five years preceding enactment of this Act. Directs the Energy Secretary to provide to the Health Secretary access to all data and records not transferred to the Department of Health and Human Services (HHS) under other provisions of this Act if the records are deemed by the Health Secretary to be useful to epidemiological research, health risk assessments, and related studies, and if confidentiality requirements are met. Directs the Health Secretary to grant access to the public to data held or developed by HHS, including data obtained from DOE, in accordance with the established practices of HHS. Authorizes the Health Secretary to: (1) undertake such research into radiation releases, dose reconstruction, toxic substances exposures, and health risk assessments, as necessary to carry out the function transferred under specified provisions of this Act; and (2) review research conducted by DOE, after enactment of this Act, relating to such matters. Directs the Health Secretary to conduct a comprehensive review of: (1) existing epidemiological studies relating to health effects of exposure to such radiation and toxic substances as may present a threat to occupational or public health at DOE facilities; and (2) existing and ongoing health risk assessments and studies relating to such radiation releases, dose reconstruction, and toxic substance exposures as may present a threat to occupational or public health at DOE facilities. Establishes the Advisory Panel on Radiation and Toxic Substances Research to advise the Health Secretary in carrying out the function transferred from the Energy Secretary under this Act. Declares that it is the sense of the Congress that the funding level to be provided each fiscal year to HHS for carrying out the function transferred by this Act should be at least as much as the greatest of the annual amounts reported by the Energy Secretary under provisions of this Act. Directs the Energy Secretary to reimburse HHS for all costs of carrying out the transferred function out of funds appropriated to the Energy Secretary. Allows funds provided to HHS for the purposes of this Act to be used to support: (1) a program of epidemiological research into the health effects of workplace and public exposure to radiation and toxic substances, and for other uses as the Secretary considers appropriate; and (2) activities of State public health agencies that are compatible with the purposes of this Act.
![Official portrait of Rep. Hochbrueckner, George J. [D-NY-1]](https://www.congress.gov/img/member/h000670_200.jpg)