United States · United States Congress · 21 November 1989
Expedited Consideration of Proposed Rescissions Act of 1990 - Amends the Congressional Budget and Impoundment Control Act of 1974 to require a special message, in the case of budget authority proposed to be rescinded or reserved, to include language amending the law authorizing such programs to allow them to continue to function at the proposed new level of budget authority. Allows the President to transmit to both Houses of the Congress, for expedited consideration, one or more special messages proposing to rescind all or part of any item of budget authority provided in an appropriation bill. Requires that such special message be transmitted not later than three days after the President approves the appropriation bill and be accompanied by a draft bill or joint resolution that would, if enacted, rescind the budget authority proposed to be rescinded. Sets forth House and Senate procedures for the expedited consideration of such a proposal.
United States · United States Congress · 20 November 1989
National Forest Hunter Safety and Protection Act of 1989 - Prescribes civil penalties for knowingly interfering with the conduct of a lawful hunt in a national forest or on lands affected with a Federal interest. Authorizes injunctive relief, the recovery of actual and punitive damages, and the awarding of attorney's fees. Grants hunting and sportsman's organizations standing under this Act.
United States · United States Congress · 20 November 1989
Amends the Controlled Substances Act to impose a mandatory minimum sentence for the illegal manufacture, distribution, or dispensation of 50 grams or more of smokable crystal methamphetamine.
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 provide for the treatment of rental and nonrental real estate activities under the limitations on losses from passive activities.
United States · United States Congress · 16 November 1989
Drug Free Truck Stop Act of 1989 - Amends the Controlled Substances Act to impose mandatory minimum criminal penalties for the unlawful distribution or possession of controlled substances within 1,000 feet of a truck stop or safety rest area. Prohibits the suspension of a sentence, granting of probation, or eligibility for parole until the individual has served the minimum required sentence under the Federal criminal code for any person who violates this Act after a prior conviction under this Act has become final. Requires the U.S. Sentencing Commission to promulgate specified sentencing guidelines for violations of this Act. Bars multiple enhancements.
United States · United States Congress · 15 November 1989
Amends the Internal Revenue Code to exempt from estate taxes certain qualified historic property that is listed on the National Register of Historic Places.
United States · United States Congress · 14 November 1989
Small Business Rehabilitation Relief Act of 1989 - Amends the Internal Revenue Code to allow a tax credit for small businesses for the expense of providing accessibility to the disabled.
United States · United States Congress · 2 November 1989
Rural Economic Development Act of 1989 - Title I: Reorganization of the Department of Agriculture - Amends the Consolidated Farm and Rural Development Act to establish in the Department of Agriculture the Rural Development Administration. Title II: Local Prioritization of Project Funding - Amends the Consolidated Farm and Rural Development Act to set out the framework for certain rural development programs, which shall include: (1) an area plan for long range rural development; and (2) State rural economic development review panels. Authorizes grants for State revolving funds for loans to very small businesses. Title III: Enhancement of Existing Rural Development Programs - Amends the Rural Electrification Act of 1936 to establish in the Rural Electrification Administration a technical assistance unit. Amends the Farm Credit Act of 1971 to authorize banks for cooperatives to make loans for water or waste disposal systems. Title VII: Rural Electrification Provisions - Rural Telecommunications Improvements Act of 1989 - Subtitle A: Amendments Relating to Title I of the 1936 Act - Amends the Rural Electrification Act of 1936 (the Act) to include the balance of all rescinded loans and obligations among the unexpended or unobligated funds which may be carried over for loans by the Administrator (the Administrator) of the Rural Electrification Administration (REA). Prohibits the Administrator and the Governor of the Rural Telephone Bank (the Governor) from: (1) denying or reducing any loan based on a borrower's fund level; or (2) making any loan, guarantee, or grant, unless the borrower has obtained the consent of the State regulatory authority and the loan or grant will not duplicate existing facilities or systems. Subtitle B: Amendments Relating to Title II of the 1936 Act - Prohibits the Administrator and the Governor from making or guaranteeing a telephone grant or a loan which would result in facilities or service duplication. Prohibits the Administrator and the Governor from requiring a telephone loan applicant to increase: (1) rates charged to customers or subscribers; or (2) the ratio of net income or margins before interest to the interest requirements on all the applicant's outstanding and proposed loans. Prohibits the Administrator from treating certain rural development investments as dividends or capital distributions. Requires the Administrator and the Governor to: (1) publish telephone policy standards; (2) use only specified depreciation rates in loan evaluations; and (3) make loans for all authorized purposes. Prohibits the Administrator and the Governor from: (1) rescinding certain telephone loans without the borrower's consent; (2) regulating the order or sequence of advances of funds to any borrower under any combination of approved telephone loans from specified entities; or (3) denying a loan or taking adverse action against a borrower for any reason not based on a published policy standard. Subtitle C: Amendments Relating to Title III of the 1936 Act - Directs the Administrator to maintain separate electric and telephone accounts within the Rural Electric and Telephone Revolving Fund. Sets forth a tier requirement for the interest rates of insured telephone loans. Provides for full use of REA insured loan authority. Prohibits the Administrator from providing guarantee assistance unless the borrower specifically applies for it. Subtitle D: Amendments Relating to Title IV of the 1936 Act - Revises provisions for the Rural Telephone Bank (RTB) Board of Directors. Revises (RTB) provisions relating to: (1) capitalization; (2) pro rata stock purchases by RTB borrowers; (3) authority to set loan levels; and (4) the overcharge on RTB loans made before FY 1988. Provides for full use of RTB loan authority. Title VIII: Miscellaneous - Amends the Consolidated Farm and Rural Development Act to establish local income-based loan rates for health care and related facilities. Increases assistance for communities dependent on natural resources. Directs the Secretary to establish a loan restructuring and servicing program for distressed community facility program borrowers. Amends the Consolidated Farm and Rural Development Act to direct the Secretary to provide water and waste facility loans and grants to alleviate health risks.
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 · 1 November 1989
Amends the Internal Revenue Code to qualify displaced homemakers for the targeted jobs income tax credit. Defines "displaced homemaker" as an individual who: (1) has not worked in the labor force for a substantial number of years but has, during those years, worked in the home providing unpaid services for family members; and (2) has been dependent on public assistance or on the income of another family member but is no longer supported by that income or is receiving public assistance on account of dependent children in the home.
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
Amends the Internal Revenue Code to reduce the occupational tax for retail dealers in liquor, wine, or beer if: (1) annual gross receipts from the sale of alcohol products equal less than $750,000; and (2) at least 33 percent of the alcohol products sold are consumed on the premises of such retail dealer.
United States · United States Congress · 23 October 1989
Hurricane Hugo and Loma Prieta Earthquake Emergency Relief Act - Title I: Highway Emergency Assistance Program - Authorizes $1,000,000,000 in additional appropriations out of the Highway Trust Fund to the emergency relief fund for FY 1990 for the repair or reconstruction of highways, roads, and trails damaged from natural disasters or catastrophic failures within the United States. (Provides that obligations incurred and expenditures made from such funds shall not be charged against the Budget Act, the Gramm-Rudman-Hollings Act, or other ceilings.) Waives limitations on emergency relief fund expenditures and obligations with respect to projects resulting from Hurricane Hugo or the Loma Prieta Earthquake of 1989. Specifies that the Federal share of any such project on the interstate and Federal-aid highway systems shall be 100 percent of the costs incurred within 180 days of each such natural disaster. Makes projects on the San Francisco-Oakland Bay Bridge in California resulting from such earthquake eligible for emergency relief funds, provided the Governor of California certifies in writing to the Secretary of Transportation that the State has established and will maintain insurance or other evidence of financial responsibility for damages to, or destruction of, such bridge resulting from earthquakes. Specifies that allocations for emergency relief for highways, roads, and trails for projects resulting from Hugo or Loma Prieta shall be excluded for purposes of provisions regarding the allocation of funds for interstate and Federal-aid highway programs among the States. Requires the Secretary of Transportation to provide at least two technicians from the Federal Highway Administration to assist in repairing and reconstructing portions of the Federal-aid highway system in the Virgin Islands damaged or destroyed as a result of Hugo. Requires: (1) the Secretary of Transportation to transmit to the Congress a report on the adequacy of current Federal and State standards in areas which are likely to be subject to earthquakes for ensuring that highway, mass transit, and airport construction projects will withstand earthquakes; and (2) the Comptroller General to transmit to the Congress a report on the reasons for the failure of the Cyprus Street segment of Interstate Route I-880 and the San Francisco-Oakland Bay Bridge on Interstate Route I-80. Title II: Federal Emergency Management Agency and Other Emergency Assistance Programs - Directs the Chief of Engineers of the Corps of Engineers, upon request of the appropriate Governor, to: (1) provide assistance to the Virgin Islands in carrying out any project for repair, restoration, reconstruction, or replacement of any facility eligible for assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) with respect to damages resulting from Hugo; and (2) restore beaches in the Virgin Islands and Puerto Rico damaged by Hugo. Specifies the Federal share of the costs of such projects. Increases the maximum amount which may be allotted under the Flood Control Act of 1948 for the flood control project for Savan Gut, Virgin Islands. Provides for the reimbursement of the Administrator of General Services of expenses incurred for repair, restoration, reconstruction, or replacement of any public building damaged or destroyed by Hugo or Loma Prieta, and for relocating Federal employees. Requires the President to suspend and, for reasons of economic hardship, waive provisions of the Flood Disaster Protection Act of 1973 relating to coverage of flood insurance for approval of Federal financial assistance with regard to grants to individuals or families adversely affected by Hugo under the Stafford Act. Permits Federal assistance under such Act to be provided with respect to damages incurred as a result of Hugo or Loma Prieta by a nonprofit educational institution without regard to whether State assistance may be provided with respect to such damages.
United States · United States Congress · 19 October 1989
State Employment Security Services Act of 1989 - Amends the Social Security Act to revise provisions relating to State unemployment insurance accounts. Provides that, of amounts appropriated for credit to the Employment Security Administration Account (ESAA) for specified fiscal years, at least 90 percent shall be paid to States, two-thirds of which shall be for unemployment compensation law administration and one-third for public employment offices. Provides that not more than ten percent of such amounts may be used by the Department of Labor for its functions under specified laws relating to unemployment taxes and compensation and the U.S. Employment Service. Revises formulas for transfers of funds to the extended unemployment compensation account. Guarantees each State a minimum of the higher of 80 percent of Federal Unemployment Tax Act (FUTA) contributions by the State's employers to the ESAA or the State's 1986 allocation compounded for increases in the total funds in the ESAA. Revises eligibility criteria to require the State Governor to develop a comprehensive annual employment security plan describing the delivery of unemployment insurance and employment services, including coordination of specified programs and collection and dissemination of labor market information. Amends the Wagner-Peyser Act to add to the duties of the U.S. Employment Service: (1) developing and disseminating information about assessment and testing tools; and (2) serving as a central repository for research and a clearinghouse on State program activities. Revises provisions relating to allotments to States, authorized uses of such funds, and State plan requirements. Establishes a demonstration project under which the Secretary of Labor shall permit an eligible State to impose its own unemployment administrative taxes and provide for increased FUTA offset credits for employers in the State as a means of obtaining funding for the administration of its unemployment compensation laws and the establishment and maintenance of public employment offices in the State. Directs the Secretary, within one year after enactment of this Act, to select three to five States to participate in such project. Sets forth selection criteria and application requirements.
United States · United States Congress · 19 October 1989
Amends the Federal Aviation Act of 1958 to prohibit the Administrator of the Federal Aviation Administration from refusing to issue or renew an airman's certificate, or terminate the employment of an airman, solely by reason of the airman's age if such person is under the age of 65.
United States · United States Congress · 19 October 1989
Small Business Access Improvement Act of 1989 - Amends the Internal Revenue Code to allow a tax credit for small businesses for the expense of providing public accommodations access to the disabled. Reduces the tax deduction for expenditures to remove architectural and transportation barriers to the handicapped and elderly.
United States · United States Congress · 19 October 1989
Declares it is in the interests of the United States to support efforts to protect South Pacific marine resources (including albacore tuna, porpoises, whales, seals and other marine mammals, birds, sea turtles, and fish) from the slaughter of driftnet fishing. Supports the Tarawa Declaration and the South Pacific Commission resolution calling for an immediate ban on driftnet fishing in the South Pacific. Urges the Secretary of State to work toward an international convention banning driftnet fishing in the South Pacific. Urges Japan and Taiwan to immediately cease the use of driftnets in international South Pacific waters.
United States · United States Congress · 18 October 1989
Amends the Rehabilitation Act of 1973 to prohibit discrimination against any individual with respect to entrance to wilderness areas because of disability. Allows a wheelchair to be used in wilderness areas, notwithstanding provisions of the Wilderness Act prohibiting the use of mechanical transport in such areas.
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 · 12 October 1989
Budget Simplification and Reform Act of 1989 - Title I: Biennial Budget Cycle - Amends the Congressional Budget Act of 1974, the Congressional Budget and Impoundment Control Act of 1974, the Rules of the House of Representatives and other Federal law to revise the Federal budget process by establishing a two-year timetable. Title II: Restricted Uses of Continuing Resolutions - Amends rule XXI of the Rules of the House of Representatives to prohibit the consideration of any joint resolution continuing appropriations which: (1) covers a period of more than 30 calendar days; (2) exceeds the rate it would have been at assuming the continuation of current law; or (3) changes existing law. Title III: Expedited Rescissions - Modifies the rescission process and provides for expedited consideration in the House and Senate of certain proposed rescissions. Title IV: Budget Baseline Reform - Requires the President to draft a budget based on estimates of current fiscal year spending, proposing increases or decreases based on this level (rather than on an estimated baseline). Requires the Congressional Budget Office to use such a current fiscal year baseline in its report to the congressional budget committees, projecting growth for entitlement and discretionary spending based on current fiscal year spending. Title V: Binding Budget Resolution - Replaces the concurrent resolution on the budget with a joint resolution on the budget. Title VI: Treatment of Social Security Trust Funds Under the Balanced Budget and Emergency Deficit Control Act of 1985 - Excludes Federal Old-Age and Survivors Insurance Trust Fund and Federal Disability Insurance Trust Fund receipts and outlays from Federal deficit determinations. Increases the permissible maximum deficit amounts for FY 1990 through 1993. Establishes allowable maximum deficits for FY 1994 and 1995, to reach zero with respect to FY 1996. Title VII: Effect of Post-Sequestration Legislation - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to require certain revised reports by the Congressional Budget Office to include an analysis of post-sequestration legislation. Title VIII: - Truth in Legislating - Amends rule X of the Rules of the House of Representatives to require each report or joint explanatory statement accompanying each bill or joint resolution to contain: (1) an identification of each provision which benefits only ten or fewer beneficiaries; (2) the name of each beneficiary; (3) the name of the Member who sponsored such provision and an identification of each such provision requested by a Federal agency or Federal officer; and (4) an estimate by the Congressional Budget Office or the Joint Committee on Taxation of the costs or loss in revenues resulting from such provision. Title IX: Budget Impact on State and Local Governments - Amends the Congressional Budget Act of 1974 to provide that it shall not be in order for either House of Congress to consider any legislation which would impose any requirement on State or local governments which is likely to result in an annual cost to them of $50,000,000 or more for any particular program, project, or activity, except for legislation which complies with any sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985. Requires the report of the Committee on the Budget of each House accompanying the concurrent resolution on the budget to identify changes in Federal aid programs for State and local governments on a program-by-program basis. Title X: Pay-As-You-Go-Budget Resolutions - Prohibits the President's budget and that adopted by the Congress in a joint resolution on the budget from including: (1) total budget outlays that exceed those for the preceding fiscal year, unless at least equivalent revenue increases and their sources are identified; and (2) a reduction in revenues from the preceding fiscal year, unless at least equivalent reductions in outlays are identified, along with the affected programs. Authorizes the Congress to waive the prohibition with respect to its budget resolution by a two-thirds vote. Makes it out of order in both the Senate and the House of Representatives to consider a joint budget resolution under which fiscal year revenues exceed outlays, unless the purposes for which the excess is to be allocated are specified.
United States · United States Congress · 11 October 1989
Amends the Federal Aviation Act of 1958 to prohibit any person from acquiring any voting securities of a major air carrier or person who controls a major air carrier, if such acquisition constitutes 15 percent or more of the voting securities, unless such person complies with specified requirements under the Act and the Secretary of Transportation has not disapproved the acquisition. Requires the Secretary to disapprove an acquisition if he or she finds that: (1) it is likely to weaken the acquired person financially; (2) the intent of the acquired person is to make a major reduction of the air carrier; (3) the acquisition would result in a non-U.S. citizen having control over the air carrier; or (4) the acquiring person is not providing the documentary material and information required by the Secretary to make a decision regarding such acquisition.
United States · United States Congress · 5 October 1989
Amends title XVIII (Medicare) of the Social Security Act to permit the Secretary of Health and Human Services to reimburse fiscal intermediaries and carriers for administrative costs on other than a reasonable charge basis.
United States · United States Congress · 2 October 1989
Directs the Secretary of Veterans Affairs to prepare a document containing a detailed description of the benefits, limitations, procedures, requirements, and other aspects of the education programs administered by the Department. Requires the Secretary to distribute the document: (1) to individuals applying for benefits under an education program administered by the Department and to such individuals receiving benefits at least annually thereafter; (2) to education and training institution officials on at least an annual basis; and (3) upon request, to other individuals affected by education programs administered by the Secretary, including military education personnel. Adds the chapter which pertains to training and rehabilitation for veterans with service-connected disabilities to existing law provisions which: (1) require the veteran and the educational institution offering a course in which such veteran is enrolled to report to the Secretary such enrollment and any interruption or termination of the education of such veteran; (2) require the Secretary, prior to making payment of a reporting fee to an educational institution, to require such institution to certify that it has exercised reasonable diligence in determining whether such institution or any course offered by such institution approved for the enrollment of veterans meets certain applicable requirements and that it will report any failure to meet any such requirement to the Secretary; and (3) authorize the Secretary to pay to any educational institution or to any joint apprenticeship training committee acting as a training establishment a reporting fee which will be in lieu of any other compensation or reimbursement for reports or certifications which such institution or training committee is required to submit to the Secretary. Repeals portions of the work-study allowance provision relating to the number of hours worked by veterans-students and the compensation received for such work. Changes the eligibility for such allowance from veteran-students who are pursuing full-time programs of rehabilitation, education, or training to individuals who are pursuing such programs at least half-time. Authorizes the Secretary to renew payment of previously discontinued educational assistance allowances only upon finding that: (1) the veteran will be resuming enrollment at the same educational institution in the same program and such institution has both approved the veteran's reenrollment and certified it to the Department of Veterans Affairs; or (2) in the case of a proposed change of either educational institution or program of education by the veteran, the cause of the unsatisfactory conduct or progress has been removed; the program proposed to be pursued is suitable to the veteran's aptitudes, interests, and abilities; and if a proposed change of program is involved, the change meets the requirements for approval under the change of program provisions of the Veterans' Benefits statute. Makes parallel changes with respect to the survivors' and dependents' educational assistance program. Provides that payment of an educational assistance allowance in the case of an eligible individual pursuing a program of education on less than a half-time basis shall be made in a lump-sum amount for the entire quarter, semester, or term not later than the last day of the month immediately following the month in which certification is received from the educational institution that such individual has enrolled and is pursuing a program at such institution. Provides for the reduction of the entitlement provided pursuant to the apprenticeship or other on-job training provisions.
United States · United States Congress · 28 September 1989
Authorizes the Secretary of Agriculture to make grants to aid businesses unable to secure credit and create jobs in rural areas. Amends the Consolidated Farm and Rural Development Act to increase annual water and waste facility assistance limits. Authorizes the Secretary to provide water and waste facilities loans to specified rural entities. Authorizes the Farm Credit System to provide loans and other financial assistance to rural sewer and water projects. Establishes in the Farmers Home Administration a national rural waste water circuit rider grant program. Amends the Rural Electrification Act of 1936 to establish: (1) a technical assistance unit; and (2) an Assistant Administrator for Economic Development. Amends the Consolidated and Rural Development Act to authorize a rural business development grant program. Directs the Secretary to establish within the National Agricultural Library a National Rural Assistance Information Clearinghouse. Treats a rural county experiencing specified population reduction as a labor surplus area.
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 · 21 September 1989
Prohibits the Environmental Protection Agency (EPA) from enforcing, during the 12-month period following the enactment of this Act, its underground petroleum storage tank financial responsibility regulations promulgated pursuant to the Solid Waste Disposal Act with respect to certain underground tank owners. Permits enforcement after such period if the Administrator of the EPA determines that such enforcement would not impose an unjust economic burden on the owners. Requires the Administrator to conduct a study for the purpose of identifying the principal economic difficulties associated with compliance by underground tank owners with EPA technical standards for such tanks. Directs the Administrator to report the results of such study to specified congressional committees. Amends the Solid Waste Disposal Act to: (1) delete the requirement that regulations under such Act include provisions for compensation of third parties for injury and property damage caused by accidental releases from underground storage tanks; and (2) reduce financial responsibility requirements for specified underground petroleum storage tanks.
United States · United States Congress · 21 September 1989
Budget Act Amendments of 1989 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to make its provisions permanent and to eliminate exemptions. Amends the Congressional Budget and Impoundment Control Act of 1974 to exclude, beginning with FY 1990, Federal Old-Age and Survivors Insurance Trust Fund and Federal Disability Insurance Trust Fund receipts and outlays from Federal deficit determinations for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985. Increases the permissible maximum deficit amounts for FY 1990 through 1992. Establishes allowable maximum deficits for FY 1993 through 1996, to reach zero with respect to FY 1997. Changes the definition of maximum deficit amount for a fiscal year to reflect the amount by which the prior year's actual deficit exceeds that year's maximum deficit amount. Directs the Administrator of the Social Security Administration to report to the President and the Congress on the viability of the Federal Old-Age and Survivors Trust Fund. Requires the Director of the General Accounting Office to report to the Congress on methods of implementing the use of common economic assumptions.
United States · United States Congress · 18 September 1989
Applauds the actions of the Government of the Hungarian People's Republic and the Hungarian people that have allowed thousands of citizens of the German Democratic Republic to seek freedom in the West.
United States · United States Congress · 14 September 1989
Amends the Internal Revenue Code to make funds from the Airport and Airway Trust Fund available for the essential air transportation program under the Federal Aviation Act of 1958. Authorizes the Secretary of Transportation to enter into contracts and agreements to provide essential air services prior to September 30, 1998.
United States · United States Congress · 14 September 1989
Expresses the sense of the Congress that illegal aliens should not be counted in the 1990 decennial census for purposes of congressional reapportionment.
United States · United States Congress · 13 September 1989
Solid Waste Transportation Act - Amends the Solid Waste Disposal Act to require each State to prepare a plan for the management of solid waste generated in the State. Specifies that such plan shall cover a 20-year period and require the State to: (1) identify the amount of solid waste by waste type that is expected to be generated in the State or accepted from another State for disposal in the next 20 years; (2) establish a process to assure the availability of facilities with adequate capacity to treat or dispose of such waste in a manner protective of human health and the environment; and (3) identify the volumes of waste planned to be reduced through source reduction and recycling. Authorizes such plan to include provisions for disposal outside the State of solid waste generated in the State only if the State determines that it does not have, and cannot develop within a reasonable period of time, the landfill or other capacity to handle the disposal of such waste in the State. Requires, in such case, that the plan provide for the establishment of such enforcement mechanisms as necessary to prevent the out-of-State disposal of waste in amounts in excess of those provided for in the plan. Requires States to submit such plans to the Administrator for approval. Specifies that, upon approval of a State plan, the State: (1) may not dispose waste outside of the State, or treat or dispose solid waste in the State, in a manner other than in accordance with such plan; and (2) shall establish a permit program and issue permits to facilities in compliance with such plan and State law. Prohibits the transportation of solid waste for treatment or disposal, following the establishment of a permit program, at any facility that has not been issued a permit. Authorizes any State that has an approved plan to restrict the acceptance of solid waste originating in other States, including a prohibition on medical waste, if such State justifies such restriction on the basis of lack of capacity to handle the disposal of solid waste generated in such State. Sets forth recordkeeping requirements. Authorizes the Environmental Protection Agency or a State to: (1) require any person who generates, transports, or handles solid waste to furnish information and grant access to all records relating to such waste; (2) enter at reasonable times any solid waste facility and inspect and obtain samples of any such waste or any container or label for such waste. Sets penalties for States that fail to submit, or fail to have approved, a plan for solid waste disposal.
United States · United States Congress · 12 September 1989
Amends Federal transportation law to authorize a person to assert that it would be an unreasonable practice for a motor common carrier or a nonhousehold goods freight forwarder to seek to collect tariff rates or charges in addition to those originally billed and collected, or to impose rules, classifications, or practices permitting such a collection. Declares that the Interstate Commerce Commission shall determine whether or not such a collection or imposition is an unreasonable practice violating Federal law. Shortens the statute of limitations for the filing of claims: (1) by a motor common carrier for recovery of transportation or service charges; and (2) by a person to recover overcharges by a motor carrier. Decreases the limitation period for both kinds of claims from 36 months to: (1) 24 months for claim accruals during the year following enactment of this Act; and (2) 18 months for claim accruals on or after one year following enactment. Permits motor carriers and shippers to resolve by mutual consent, subject to Commission review, any overcharge and undercharge claims resulting from billing errors or incorrect tariff provisions arising from the inadvertent failure to properly and timely file and maintain agreed upon rates, rules, or classifications, or under circumstances where application of the filed tariff would be an unreasonable practice.
United States · United States Congress · 12 September 1989
Directs the Secretary of Education to make a grant to Jackson State University in Jackson, Mississippi, to establish the Margaret Walker Alexander National African-American Research Center on its campus in recognition of, and to commemorate, the literary contributions of Margaret Walker Alexander. Requires the application for the grant to contain provisions to ensure that the Center will serve as a national center for the study, research, and teaching of African-American literature and history and as a repository for papers and memorabilia relating to the lives of individuals noted for their work in African-American literature and history. Authorizes appropriations for FY 1990.
United States · United States Congress · 6 September 1989
Animal Welfare Improvements Act of 1989 - Amends the Animal Welfare Act to authorize: (1) citizen suits to compel enforcement of such Act; and (2) suits by animal research facilities injured by reason of violations of such Act. Precludes recovery by such facilities if such injury leads to the conviction of any person for a violation of any Federal regulation relating to the handling, care, treatment, or transportation of animals by any research facility. Specifies courts having jurisdiction to enforce, prevent, and restrain violations of such Act. Makes it unlawful to: (1) intentionally cause the loss of any animal from a research facility, except temporarily, for the purpose of documenting violations of Federal regulations relating to the handling, care, treatment, or transportation of animals by such facility; (2) damage or steal any equipment or property of a research facility; or (3) break and enter any research facility with intent to destroy material or equipment or to obtain unauthorized possession of records, data, materials, equipment, or animals. Provides for fines of up to $5,000 for each such violation. Specifies that, if as a result of such a violation documentation is obtained showing that a violation of any Federal regulation relating to the handling, care, treatment, or transportation of animals by a research facility has occurred, such person shall not be subject to the fine and such facility shall pay costs of the trial or proceedings. Requires the U.S. district courts or the U.S. Magistrate, as the case may be, to determine the reasonable costs of: (1) replacing materials, data, equipment, or animals, and records that may have been damaged or cannot be returned in connection with such violation; and (2) repeating any experimentation that may have been interrupted or invalidated as a result of such violation. Requires any person convicted of such violation to be ordered to make restitution to the facility involved unless documentation is obtained showing that a violation of any Federal regulation relating to the handling, care, treatment, or transportation of animals by such facility has occurred, in which case the facility shall pay litigation costs. Prohibits specified acts relating to farm animals, including theft, vandalism, and trespassing on a farm animal facility if such action disrupts or damages business. Establishes criminal penalties of up to $10,000 and three years imprisonment for such acts. Directs the Secretary of Agriculture to conduct an investigation, at the request of such a facility or on his own initiative, to determine whether a violation has occurred. Authorizes the Secretary to obtain the assistance of Federal, State, or local government agencies to conduct such investigation. Grants specified courts jurisdiction to enforce, prevent, and restrain violations. Authorizes parties injured in their business or property to recover damages and costs from the person who violated such Act. Requires specified Federal officials and animal welfare organization officers to jointly study and report to the Congress on the extent and effect of the use of animals by research facilities.
United States · United States Congress · 4 August 1989
Veterans Health Professionals Educational Amendments of 1989 - Directs the Secretary of Veterans Affairs to institute a Reserve member stipend program under the Armed Forces Educational Assistance Program. Requires an individual, in order to be eligible for such assistance, to be accepted or enrolled as a full-time student at a qualifying educational institution in a course of education or training approved by the Secretary and that leads toward completion of a degree in a health profession involving direct patient care or care incident to such direct patient care. Prohibits the Secretary from approving the application of an individual applying for such assistance unless the individual is entitled to benefits under the Reserve GI Bill program and the individual achieved a certain qualifying score on the Armed Forces Qualification Test. Authorizes the Secretary to pay a qualifying individual $400 monthly under such program. Requires a period of obligated service as a full-time employee of the Department of Veterans Affairs from a participating individual in return for such assistance. Makes such an individual liable to the United States for failure to serve in the Department at a health-care facility for the agreed upon period. Increases the reserve member stipend amount whenever there is a general Federal pay increase.
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
Hunter Safety and Protection Act of 1989 - Prescribes civil penalties for knowingly interfering with the conduct of a lawful hunt in a national forest or on lands affected with a Federal interest. Authorizes injunctive relief, the recovery of actual and punitive damages, and the awarding of attorney's fees. Grants hunting and sportsman's organizations standing to sue under this Act.
![Official portrait of Rep. Payne, Lewis F., Jr. [D-VA-5]](https://www.congress.gov/img/member/p000152_200.jpg)