OMNIBUS BUDGET RECONCILIATION ACT OF 1990 (Titles VI and XIII)
Public Law 101–508, as amended
OMNIBUS BUDGET RECONCILIATION ACT OF 1990 (Titles VI and XIII)
508
115–439
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
text/xml
EN
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Omnibus Budget Reconciliation Act of 1990
Pollution Prevention Act of 1990
Coastal Zone Act Reauthorization Amendments of 1990
Abandoned Mine Reclamation Act of 1990
Nuclear Energy Innovation and Modernization Act
10647
101
1990-11-05
OMNIBUS BUDGET RECONCILIATION ACT OF 1990 (Titles VI and XIII)
[Public Law 101–508]
[As Amended Through P.L. 115–439, Enacted January 14, 2019]
[Currency: This publication is a compilation of the text of Public Law 101–508. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]
SECTION 1.

SHORT TITLE.
This Act may be cited as the “Omnibus Budget Reconciliation Act of 1990”.
* * * * * * *
TITLE VI—

ENERGY AND ENVIRONMENTAL PROGRAMS
* * * * * * *
SEC. 61012.

NRC USER FEES AND ANNUAL CHARGES.
(a)

Annual Assessment.—
(1)

In general.—
The Nuclear Regulatory Commission (in this section referred to as the “Commission”) shall annually assess and collect such fees and charges as are described in subsections (b) and (c).
(2)

First assessment.—
The first assessment of fees under subsection (b) and annual charges under subsection (c) shall be made not later than September 30, 1991.
(b)

Fees for Service or Thing of Value.—
Pursuant to section 9701 of title 31, United States Code, any person who receives a service or thing of value from the Commission shall pay fees to cover the Commission's costs in providing any such service or thing of value.
(c)1

Annual Charges.—
^1
Section 2903(c) of Pub. L. 102–486 (106 Stat. 3125; 42 U.S.C. 2214 note) enacted on Oct. 24, 1992, provides as follows:
``(c) Policy Review.—The Nuclear Regulatory Commission shall review its policy for assessment of annual charges under section 6101(c) of the Omnibus Budget Reconciliation Act of 1990, solicit public comment on the need for changes to such policy, and recommend to the Congress such changes in existing law as the Commission finds are needed to prevent the placement of an unfair burden on certain licensees of the Commission, in particular those that hold licenses to operate federally owned research reactors used primarily for educational training and academic research purposes.''.
(1)

Persons subject to charge.—
Except as provided in paragraph (4), any licensee or certificate holder of the Commission may be required to pay, in addition to the fees set forth in subsection (b), an annual charge.
(2)

Aggregate amount of charges.—
(A)

In general.—
The aggregate amount of the annual charges collected from all licensees and certificate holders in a fiscal year shall equal an amount that approximates the percentages of the budget authority of the Commission for the fiscal year stated in subparagraph (B), less—
(i)
amounts collected under subsection (b) during the fiscal year;
(ii)
amounts appropriated to the Commission from the Nuclear Waste Fund for the fiscal year;
(iii)
amounts appropriated to the Commission for the fiscal year for implementation of section 3116 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005;
(iv)
amounts appropriated to the Commission for homeland security activities of the Commission for the fiscal year, except for the costs of fingerprinting and background checks required by section 149 of the Atomic Energy Act of 1954 (42 U.S.C. 2169) and the costs of conducting security inspections; and
(v)
amounts appropriated to the Commission for the fiscal year for activities related to the development of regulatory infrastructure for advanced nuclear reactor technologies, including activities required under section 103 of the Nuclear Energy Innovation and Modernization Act.
(B)

Percentages.—
The percentages referred to in subparagraph (A) are—
(i)
98 percent for fiscal year 2001;
(ii)
96 percent for fiscal year 2002;
(iii)
94 percent for fiscal year 2003;
(iv)
92 percent for fiscal year 2004; and
(v)
90 percent for fiscal year 2005 and each fiscal year thereafter and fiscal year 2006.
(3)

Amount per licensee.—
The Commission shall establish, by rule, a schedule of charges fairly and equitably allocating the aggregate amount of charges described in paragraph (2) among licensees. To the maximum extent practicable, the charges shall have a reasonable relationship to the cost of providing regulatory services and may be based on the allocation of the Commission's resources among licensees or classes of licensees.
(4)

Exemption.—
(A)

In general.—
Paragraph (1) shall not apply to the holder of any license for a federally owned research reactor used primarily for educational training and academic research purposes.
(B)

Research reactor.—
For purposes of subparagraph (A), the term “research reactor” means a nuclear reactor that—
(i)
is licensed by the Nuclear Regulatory Commission under section 104 c. of the Atomic Energy Act of 1954 (42 U.S.C. 2134(c)) for operation at a thermal power level of 10 megawatts or less; and
(ii)
if so licensed for operation at a thermal power level of more than 1 megawatt, does not contain—
(I)
a circulating loop through the core in which the licensee conducts fuel experiments;
(II)
a liquid fuel loading; or
(III)
an experimental facility in the core in excess of 16 square inches in cross-section.
(d)

Definition.—
As used in this section, the term “Nuclear Waste Fund” means the fund established pursuant to section 302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)).
(e)

Conforming Amendment to COBRA.—
[42 U.S.C. 2214]
^2
Section 101(b) of Public Law 115-439 repeals section 6101 effective October 1, 2020.
* * * * * * *
Subtitle C—

Amendments to Coastal Zone Management Act of 1972
SEC. 6201.
[16 U.S.C. 1451 note]

SHORT TITLE.
This subtitle may be cited as the “Coastal Zone Act Reauthorization Amendments of 1990”.
SEC. 6202.
[16 U.S.C. 1451 note]

FINDINGS AND PURPOSE OF THIS SUBTITLE.
(a)

Findings.—
Congress finds and declares the following:
(1)
Our oceans, coastal waters, and estuaries constitute a unique resource. The condition of the water quality in and around the coastal areas is significantly declining. Growing human pressures on the coastal ecosystem will continue to degrade this resource until adequate actions and policies are implemented.
(2)
Almost one-half of our total population now lives in coastal areas. By 2010, the coastal population will have grown from 80,000,000 in 1960 to 127,000,000 people, an increase of approximately 60 percent, and population density in coastal counties will be among the highest in the Nation.
(3)
Marine resources contribute to the Nation's economic stability. Commercial and recreational fishery activities support an industry with an estimated value of $12,000,000,000 a year.
(4)
Wetlands play a vital role in sustaining the coastal economy and environment. Wetlands support and nourish fishery and marine resources. They also protect the Nation's shores from storm and wave damage. Coastal wetlands contribute an estimated $5,000,000,000 to the production of fish and shellfish in the United States coastal waters. Yet, 50 percent of the Nation's coastal wetlands have been destroyed, and more are likely to decline in the near future.
(5)
Nonpoint source pollution is increasingly recognized as a significant factor in coastal water degradation. In urban areas, storm water and combined sewer overflow are linked to major coastal problems, and in rural areas, run-off from agricultural activities may add to coastal pollution.
(6)
Coastal planning and development control measures are essential to protect coastal water quality, which is subject to continued ongoing stresses. Currently, not enough is being done to manage and protect our coastal resources.
(7)
Global warming results from the accumulation of man-made gases, released into the atmosphere from such activities as the burning of fossil fuels, deforestation, and the production of chlorofluorocarbons, which trap solar heat in the atmosphere and raise temperatures worldwide. Global warming could result in significant global sea level rise by 2050 resulting from ocean expansion, the melting of snow and ice, and the gradual melting of the polar ice cap. Sea level rise will result in the loss of natural resources such as beaches, dunes, estuaries, and wetlands, and will contribute to the salinization of drinking water supplies. Sea level rise will also result in damage to properties, infrastructures, and public works. There is a growing need to plan for sea level rise.
(8)
There is a clear link between coastal water quality and land use activities along the shore. State management programs under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) are among the best tools for protecting coastal resources and must play a larger role, particularly in improving coastal zone water quality.
(9)
All coastal States should have coastal zone management programs in place that conform to the Coastal Zone Management Act of 1972, as amended by this Act.
(b)

Purpose.—
It is the purpose of Congress in this subtitle to enhance the effectiveness of the Coastal Zone Management Act of 1972 by increasing our understanding of the coastal environment and expanding the ability of State coastal zone management programs to address coastal environmental problems.
* * * * * * *
SEC. 6217.
[16 U.S.C. 1455b]

PROTECTING COASTAL WATERS.
(a)

In General.—
(1)

Program development.—
Not later than 30 months after the date of the publication of final guidance under subsection (g), each State for which a management program has been approved pursuant to section 306 of the Coastal Zone Management Act of 1972 shall prepare and submit to the Secretary and the Administrator a Coastal Nonpoint Pollution Control Program for approval pursuant to this section. The purpose of the program shall be to develop and implement management measures for nonpoint source pollution to restore and protect coastal waters, working in close conjunction with other State and local authorities.
(2)

Program coordination.—
A State program under this section shall be coordinated closely with State and local water quality plans and programs devel-oped pursuant to sections 208, 303, 319, and 320 of the Federal Water Pollution Control Act (33 U.S.C. 1288, 1313, 1329, and 1330) and with State plans developed pursuant to the Coastal Zone Management Act of 1972, as amended by this Act. The program shall serve as an update and expansion of the State nonpoint source management program developed under section 319 of the Federal Water Pollution Control Act, as the program under that section relates to land and water uses affecting coastal waters.
(b)

Program Contents.—
Each State program under this section shall provide for the implementation, at a minimum, of management measures in conformity with the guidance published under subsection (g), to protect coastal waters generally, and shall also contain the following:
(1)

Identifying land uses.—
The identification of, and a continuing process for identifying, land uses which, individually or cumulatively, may cause or contribute significantly to a degradation of—
(A)
those coastal waters where there is a failure to attain or maintain applicable water quality standards or protect designated uses, as determined by the State pursuant to its water quality planning processes; or
(B)
those coastal waters that are threatened by reasonably foreseeable increases in pollution loadings from new or expanding sources.
(2)

Identifying critical coastal areas.—
The identification of, and a continuing process for identifying, critical coastal areas adjacent to coastal waters referred to in paragraph (1)(A) and (B), within which any new land uses or substantial expansion of existing land uses shall be subject to management measures in addition to those provided for in subsection (g).
(3)

Management measures.—
The implementation and continuing revision from time to time of additional management measures applicable to the land uses and areas identified pursuant to paragraphs (1) and (2) that are necessary to achieve and maintain applicable water quality standards under section 303 of the Federal Water Pollution Control Act (33 U.S.C. 1313) and protect designated uses.
(4)

Technical assistance.—
The provision of technical and other assistance to local governments and the public for implementing the measures referred to in paragraph (3), which may include assistance in developing ordinances and regulations, technical guidance, and modeling to predict and assess the effectiveness of such measures, training, financial incentives, demonstration projects, and other innovations to protect coastal water quality and designated uses.
(5)

Public participation.—
Opportunities for public participation in all aspects of the program, including the use of public notices and opportunities for comment, nomination procedures, public hearings, technical and financial assistance, public education, and other means.
(6)

Administrative coordination.—
The establishment of mechanisms to improve coordination among State agencies and between State and local officials responsible for land use programs and permitting, water quality permitting and enforcement, habitat protection, and public health and safety, through the use of joint project review, memoranda of agreement, or other mechanisms.
(7)

State coastal zone boundary modification.—
A proposal to modify the boundaries of the State coastal zone as the coastal management agency of the State determines is necessary to implement the recommendations made pursuant to subsection (e). If the coastal management agency does not have the authority to modify such boundaries, the program shall include recommendations for such modifications to the appropriate State authority.
(c)

Program Submission, Approval, and Implemetation.—
(1)

Review and approval.—
Within 6 months after the date of submission by a State of a program pursuant to this section, the Secretary and the Administrator shall jointly review the program. The program shall be approved if—
(A)
the Secretary determines that the portions of the program under the authority of the Secretary meet the requirements of this section and the Administrator concurs with that determination; and
(B)
the Administrator determines that the portions of the program under the authority of the Administrator meet the requirements of this section and the Secretary concurs with that determination.
(2)

Implementation of approved program.—
If the program of a State is approved in accordance with paragraph (1), the State shall implement the program, including the management measures included in the program pursuant to subsection (b), through—
(A)
changes to the State plan for control of nonpoint source pollution approved under section 319 of the Federal Water Pollution Control Act; and
(B)
changes to the State coastal zone management program developed under section 306 of the Coastal Zone Management Act of 1972, as amended by this Act.
(3)

Withholding coastal management assistance.—
If the Secretary finds that a coastal State has failed to submit an approvable program as required by this section, the Secretary shall withhold for each fiscal year until such a program is submitted a portion of grants otherwise available to the State for the fiscal year under section 306 of the Coastal Zone Management Act of 1972, as follows:
(A)
10 percent for fiscal year 1996.
(B)
15 percent for fiscal year 1997.
(C)
20 percent for fiscal year 1998.
(D)
30 percent for fiscal year 1999 and each fiscal year thereafter.
The Secretary shall make amounts withheld under this paragraph available to coastal States having programs approved under this section.
(4)

Withholding water pollution control assistance.—
If the Administrator finds that a coastal State has failed to submit an approvable program as required by this section, the Administrator shall withhold from grants available to the State under section 319 of the Federal Water Pollution Control Act, for each fiscal year until such a program is submitted, an amount equal to a percentage of the grants awarded to the State for the preceding fiscal year under that section, as follows:
(A)
For fiscal year 1996, 10 percent of the amount awarded for fiscal year 1995.
(B)
For fiscal year 1997, 15 percent of the amount awarded for fiscal year 1996.
(C)
For fiscal year 1998, 20 percent of the amount awarded for fiscal year 1997.
(D)
For fiscal year 1999 and each fiscal year thereafter, 30 percent of the amount awarded for fiscal year 1998 or other preceding fiscal year.
The Administrator shall make amounts withheld under this paragraph available to States having programs approved pursuant to this subsection.
(d)

Technical Assistance.—
The Secretary and the Administrator shall provide technical assistance to coastal States and local governments in developing and implementing programs under this section. Such assistance shall include—
(1)
methods for assessing water quality impacts associated with coastal land uses;
(2)
methods for assessing the cumulative water quality effects of coastal development;
(3)
maintaining and from time to time revising an inventory of model ordinances, and providing other assistance to coastal States and local governments in identifying, developing, and implementing pollution control measures; and
(4)
methods to predict and assess the effects of coastal land use management measures on coastal water quality and designated uses.
(e)

Inland Coastal Zone Boundaries.—
(1)

Review.—
The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall, within 18 months after the effective date of this title, review the inland coastal zone boundary of each coastal State program which has been approved or is proposed for approval under section 306 of the Coastal Zone Management Act of 1972, and evaluate whether the State's coastal zone boundary extends inland to the extent necessary to control the land and water uses that have a significant impact on coastal waters of the State.
(2)

Recommendation.—
If the Secretary, in consultation with the Administrator, finds that modifications to the inland boundaries of a State's coastal zone are necessary for that State to more effectively manage land and water uses to protect coastal waters, the Secretary, in consultation with the Administrator, shall recommend appropriate modifications in writing to the affected State.
(f)

Financial Assistance.—
(1)

In general.—
Upon request of a State having a program approved under section 306 of the Coastal Zone Management Act of 1972, the Secretary, in consultation with the Administrator, may provide grants to the State for use for developing a State program under this section.
(2)

Amount.—
The total amount of grants to a State under this subsection shall not exceed 50 percent of the total cost to the State of developing a program under this section.
(3)

State share.—
The State share of the cost of an activity carried out with a grant under this subsection shall be paid from amounts from non-Federal sources.
(4)

Allocation.—
Amounts available for grants under this subsection shall be allocated among States in accordance with regulations issued pursuant to section 306(c) of the Coastal Zone Management Act of 1972, except that the Secretary may use not more than 25 percent of amounts available for such grants to assist States which the Secretary, in consultation with the Administrator, determines are making exemplary progress in preparing a State program under this section or have extreme needs with respect to coastal water quality.
(g)

Guidance for Coastal Nonpoint Source Pollution Control.—
(1)

In general.—
The Administrator, in consultation with the Secretary and the Director of the United States Fish and Wildlife Service and other Federal agencies, shall publish (and periodically revise thereafter) guidance for specifying management measures for sources of nonpoint pollution in coastal waters.
(2)

Content.—
Guidance under this subsection shall include, at a minimum—
(A)
a description of a range of methods, measures, or practices, including structural and nonstructural controls and operation and maintenance procedures, that constitute each measure;
(B)
a description of the categories and subcategories of activities and locations for which each measure may be suitable;
(C)
an identification of the individual pollutants or categories or classes of pollutants that may be controlled by the measures and the water quality effects of the measures;
(D)
quantitative estimates of the pollution reduction effects and costs of the measures;
(E)
a description of the factors which should be taken into account in adapting the measures to specific sites or locations; and
(F)
any necessary monitoring techniques to accompany the measures to assess over time the success of the measures in reducing pollution loads and improving water quality.
(3)

Publication.—
The Administrator, in consultation with the Secretary, shall publish—
(A)
proposed guidance pursuant to this subsection not later than 6 months after the date of the enactment of this Act; and
(B)
final guidance pursuant to this subsection not later than 18 months after such effective date.
(4)

Notice and comment.—
The Administrator shall provide to coastal States and other interested persons an opportunity to provide written comments on proposed guidance under this subsection.
(5)

Management measures.—
For purposes of this subsection, the term “management measures” means economically achievable measures for the control of the addition of pollutants from existing and new categories and classes of nonpoint sources of pollution, which reflect the greatest degree of pollutant reduction achievable through the application of the best available nonpoint pollution control practices, technologies, processes, siting criteria, operating methods, or other alternatives.
(h)

Authorizations of Appropriations.—
(1)

Administrator.—
There is authorized to be appropriated to the Administrator for use for carrying out this section not more than $1,000,000 for each of fiscal years 1992, 1993, and 1994.
(2)

Secretary.—
(A)
Of amounts appropriated to the Secretary for a fiscal year under section 318(a)(4) of the Coastal Zone Management Act of 1972, as amended by this Act, not more than $1,000,000 shall be available for use by the Secretary for carrying out this section for that fiscal year, other than for providing in the form of grants under subsection (f).
(B)
There is authorized to be appropriated to the Secretary for use for providing in the form of grants under subsection (f) not more than—
(i)
$6,000,000 for fiscal year 1992;
(ii)
$12,000,000 for fiscal year 1993;
(iii)
$12,000,000 for fiscal year 1994; and
(iv)
$12,000,000 for fiscal year 1995.
(i)

Definitions.—
In this section—
(1)
the term “Administrator” means the Administrator of the Environmental Protection Agency;
(2)
the term “coastal State” has the meaning given the term “coastal state” under section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453);
(3)
each of the terms “coastal waters” and “coastal zone” has the meaning that term has in the Coastal Zone Management Act of 1972;
(4)
the term “coastal management agency” means a State agency designated pursuant to section 306(d)(6) of the Coastal Zone Management Act of 1972;
(5)
the term “land use” includes a use of waters adjacent to coastal waters; and
(6)
the term “Secretary” means the Secretary of Commerce.
* * * * * * *
Subtitle F—

Environmental Protection Agency Fees
SEC. 6601.

SHORT TITLE.
This subtitle may be cited as the “Pollution Prevention Act of 1990”.
[42 U.S.C. 13101 note]
SEC. 6602.

FINDINGS AND POLICY.
(a)

Findings.—
The Congress finds that:
(1)
The United States of America annually produces millions of tons of pollution and spends tens of billions of dollars per year controlling this pollution.
(2)
There are significant opportunities for industry to reduce or prevent pollution at the source through cost-effective changes in production, operation, and raw materials use. Such changes offer industry substantial savings in reduced raw material, pollution control, and liability costs as well as help protect the environment and reduce risks to worker health and safety.
(3)
The opportunities for source reduction are often not realized because existing regulations, and the industrial resources they require for compliance, focus upon treatment and disposal, rather than source reduction; existing regulations do not emphasize multi-media management of pollution; and businesses need information and technical assistance to overcome institutional barriers to the adoption of source reduction practices.
(4)
Source reduction is fundamentally different and more desirable than waste management and pollution control. The Environmental Protection Agency needs to address the historical lack of attention to source reduction.
(5)
As a first step in preventing pollution through source reduction, the Environmental Protection Agency must establish a source reduction program which collects and disseminates information, provides financial assistance to States, and implements the other activities provided for in this subtitle.
(b)

Policy.—
The Congress hereby declares it to be the national policy of the United States that pollution should be prevented or reduced at the source whenever feasible; pollution that cannot be prevented should be recycled in an environmentally safe manner, whenever feasible; pollution that cannot be prevented or recycled should be treated in an environmentally safe manner whenever feasible; and disposal or other release into the environment should be employed only as a last resort and shoud be conducted in an environmentally safe manner.
[42 U.S.C. 13101]
SEC. 6603.

DEFINITIONS.
For purposes of this subtitle—
(1)
The term “Administrator” means the Administrator of the Envirnmental Protection Agency.
(2)
The term “Agency” means the Environmental Protection Agency.
(3)
The term “toxic chemical” means any substance on the list described in section 313(c) of the Superfund Amendments and Reauthorization Act of 1986.
(4)
The term “release” has the same meaning as provided by section 329(8) of the Superfund Amendments and Reauthorization Act of 1986.
(5)
(A)
The term “source reduction” means any practice which—
(i)
reduces the amount of any hazardous substance, pollutant, or contaminant entering any waste stream or otherwise released into the environment (including fugitive emissions) prior to recycling, treatment, or disposal; and
(ii)
reduces the hazards to public health and the environment associated with the release of such substances, pollutants, or contaminants.
The term includes equipment or technology modifications, process or procedure modifications, reformulation or redesign of products, substitution of raw materials, and improvements in housekeeping, maintenance, training, or inventory control.
(B)
The term “source reduction” does not include any practice which alters the physical, chemical, or biological characteristics or the volume of a hazardous substance, pollutant, or contaminant through a process or activity which itself is not integral to and necessary for the production of a product or the providing of a service.
(6)
The term “multi-media” means water, air, and land.
(7)
The term “SIC codes” refers to the 2-digit code numbers used for classification of economic activity in the Standard Industrial Classification Manual.
[42 U.S.C. 13102]
SEC. 6604.

EPA ACTIVITIES.
(a)

Authorities.—
The Administrator shall establish in the Agency an office to carry out the functions of the Administrator under this subtitle. The office shall be independent of the Agency's single-medium program offices but shall have the authority to review and advise such offices on their activities to promote a multi-media approach to source reduction. The office shall be under the direction of such officer of the Agency as the Administrator shall designate.
(b)

Functions.—
The Administrator shall develop and implement a strategy to promote source reduction. As part of the strategy, the Administrator shall—
(1)
establish standard methods of measurement of source reduction;
(2)
ensure that the Agency considers the effect of its existing and proposed programs on source reduction efforts and shall review regulations of the Agency prior and subsequent to their proposal to determine their effect on source reduction;
(3)
coordinate source reduction activities in each Agency Office and coordinate with appropriate offices to promote source reduction practices in other Federal agencies, and generic research and development on techniques and processes which have broad applicability;
(4)
develop improved methods of coordinating, streamlining and assuring public access to data collected under Federal environmental statutes;
(5)
facilitate the adoption of source reduction techniques by businesses. This strategy shall include the use of the Source Reduction Clearinghouse and State matching grants provided in this subtitle to foster the exchange of information regarding source reduction techniques, the dissemination of such information to businesses, and the provision of technical assistance to businesses. The strategy shall also consider the capabilities of various businesses to make use of source reduction techniques;
(6)
identify, where appropriate, measurable goals which reflect the policy of this subtitle, the tasks necessary to achieve the goals, dates at which the principal tasks are to be accomplished, required resources, organizational responsibilities, and the means by which progress in meeting the goals will be measured;
(8)3
establish an advisory panel of technical experts comprised of representatives from industry, the States, and public interest groups, to advise the Administrator on ways to improve collection and dissemination of data;
^3
So in law. Section 6604(b) was enacted without a paragraph (7).
(9)
establish a training program on source reduction opportunities, including workshops and guidance documents, for State and Federal permit issuance, enforcement, and inspection officials working within all agency program offices.4
^4
So in law. The period probably should be a semicolon.
(10)
identify and make recommendations to Congress to eliminate barriers to source reduction including the use of incentives and disincentives;
(11)
identify opportunities to use Federal procurement to encourage source reduction;
(12)
develop, test and disseminate model source reduction auditing procedures designed to highlight source reduction opportunities; and
(13)
establish an annual award program to recognize a company or companies which operate outstanding or innovative source reduction programs.
[42 U.S.C. 13103]
SEC. 6605.

GRANTS TO STATES FOR STATE TECHNICAL ASSISTANCE PROGRAMS.
(a)

General Authority.—
The Administrator shall make matching grants to States for programs to promote the use of source reduction techniques by businesses.
(b)

Criteria.—
When evaluating the requests for grants under this section, the Administrator shall consider, among other things, whether the proposed State program would accomplish the following:
(1)
Make specific technical assistance available to businesses seeking information about source reduction opportunities, including funding for experts to provide onsite technical advice to business5 seeking assistance and to assist in the development of source reduction plans.
^5
So in law. Probably should be “businesses”.
(2)
Target assistance to businesses for whom lack of information is an impediment to source reduction.
(3)
Provide training in source reduction techniques. Such training may be provided through local engineering schools or any other appropriate means.
(c)

Matching Funds.—
Federal funds used in any State program under this section shall provide no more than 50 per centum of the funds made available to a State in each year of that State's participation in the program.
(d)

Effectiveness.—
The Administrator shall establish appropriate means for measuring the effectiveness of the State grants made under this section in promoting the use of source reduction techniques by businesses.
(e)

Information.—
States receiving grants under this section shall make information generated under the grants available to the Administrator.
[42 U.S.C. 13104]
SEC. 6606.

SOURCE REDUCTION CLEARINGHOUSE.
(a)

Authority.—
The Administrator shall establish a Source Reduction Clearinghouse to compile information including a computer data base which contains information on management, technical, and operational approaches to source reduction. The Administrator shall use the clearinghouse to—
(1)
serve as a center for source reduction technology transfer;
(2)
mount active outreach and education programs by the States to further the adoption of source reduction technologies; and
(3)
collect and compile information reported by States receiving grants under section 6605 on the operation and success of State source reduction programs.
(b)

Public Availability.—
The Administrator shall make available to the public such information on source reduction as is gathered pursuant to this subtitle and such other pertinent information and analysis regarding source reduction as may be available to the Administrator. The data base shall permit entry and retrieval of information to any person.
[42 U.S.C. 13105]
SEC. 6607.

SOURCE REDUCTION AND RECYCLING DATA COLLECTION.
(a)

Reporting Requirements.—
Each owner or operator of a facility required to file an annual toxic chemical release form under section 313 of the Superfund Amendments and Reauthorization Act of 1986 (“SARA”) for any toxic chemical shall include with each such annual filing a toxic chemical source reduction and recycling report for the preceeding6 calendar year. The toxic chemical source reduction and recycling report shall cover each toxic chemical required to be reported in the annual toxic chemical release form filed by the owner or operator under section 313(c) of that Act. This section shall take effect with the annual report filed under section 313 for the first full calendar year beginning after the enactment of this subtitle.
^6
So in law. Probably should be “preceding”.
(b)

Items Included in Report.—
The toxic chemical source reduction and recycling report required under subsection (a) shall set forth each of the following on a facility-by-facility basis for each toxic chemical:
(1)
The quantity of the chemical entering any waste stream (or otherwise released into the environment) prior to recycling, treatment, or disposal during the calendar year for which the report is filed and the percentage change from the previous year. The quantity reported shall not include any amount reported under paragraph (7). When actual measurements of the quantity of a toxic chemical entering the waste streams are not readily available, reasonable estimates should be made on best engineering judgment.
(2)
The amount of the chemical from the facility which is recycled (at the facility or elsewhere) during such calendar year, the percentage change from the previous year, and the process of recycling used.
(3)
The source reduction practices used with respect to that chemical during such year at the facility. Such practices shall be reported in accordance with the following categories unless the Administrator finds other categories to be more appropriate.
(A)
Equipment, technology, process, or procedure modifications.
(B)
Reformulation or redesign of products.
(C)
Substitution of raw materials.
(D)
Improvement in management, training, inventory control, materials handling, or other general operational phases of industrial facilities.
(4)
The amount expected to be reported under paragraph7 (1) and (2) for the two calendar years immediately following the calendar year for which the report is filed. Such amount shall be expressed as a percentage change from the amount reported in paragraphs (1) and (2).
^7
So in law. Probably should be “paragraphs”.
(5)
A ratio of production in the reporting year to production in the previous year. The ratio should be calculated to most closely reflect all activities involving the toxic chemical. In specific industrial classifications subject to this section, where a feedstock or some variable other than production is the primary influence on waste characteristics or volumes, the report may provide an index based on that primary variable for each toxic chemical. The Administrator is encouraged to develop production indexes to accommodate individual industries for use on a voluntary basis.
(6)
The techniques which were used to identify source reduction opportunities. Techniques listed should include, but are not limited to, employee recommendations, external and internal audits, participative team management, and material balance audits. Each type of source reduction listed under paragraph (3) should be associated with the techniques or multiples of techniques used to identify the source reduction technique.
(7)
The amount of any toxic chemical released into the environment which resulted from a castatrophic event, remedial action, or other one-time event, and is not associated with production processess during the reporting year.
(8)
The amount of the chemical from the facility which is treated (at the facility or elsewhere) during such calendar year and the percentage change from the previous year. For the first year of reporting under this subsection, comparison with the previous year is required only to the extent such information is available.
(c)

SARA Provisions.—
The provisions of sections 322, 325(c), and 326 of the Superfund Amendments and Reauthorization Act of 1986 shall apply to the reporting requirements of this section in the same manner as to the reports required under section 313 of that Act. The Administrator may modify the form required for purposes of reporting information under section 313 of that Act to the extent he deems necessary to include the additional information required under this section.
(d)

Additional Optional Information.—
Any person filing a report under this section for any year may include with the report additional information regarding source reduction, recycling, and other pollution control techniques in earlier years.
(e)

Availability of Data.—
Subject to section 322 of the Superfund Amendments and Reauthorization Act of 1986, the Administrator shall make data collected under this section publicly available in the same manner as the data collected under section 313 of the Superfund Amendments and Reauthorization Act of 1986.
[42 U.S.C. 13107]
SEC. 6608.

EPA REPORT.
(a)

Biennial Reports.—
The Administrator shall provide Congress with a report within eighteen months after enactment of this subtitle and biennially thereafter, containing a detailed description of the actions taken to implement the strategy to promote source reduction developed under section 4(b)8 and the results of such actions. The report shall include an assessment of the effectiveness of the clearinghouse and grant program established under this subtitle in promoting the goals of the strategy, and shall evaluate data gaps and data duplication with respect to data collected under Federal environmental statutes.
^8
So in law. Probably should be “6604(b)”.
(b)

Subsequent Reports.—
Each biennial report submitted under subsection (a) after the first report shall contain each of the following:
(1)
An analysis of the data collected under section 6607 on an industry-by-industry basis for not less than five SIC codes or other categories as the Administrator deems appropriate. The analysis shall begin with those SIC codes or other categories of facilities which generate the largest quantities of toxic chemical waste. The analysis shall include an evaluation of trends in source reduction by industry, firm size, production, or other useful means. Each such subsequent report shall cover five SIC codes or other categories which were not covered in a prior report until all SIC codes or other categories have been covered.
(2)
An analysis of the usefulness and validity of the data collected under section 6607 for measuring trends in source reduction and the adoption of source reduction by business.
(3)
Identification of regulatory and nonregulatory barriers to source reduction, and of opportunities for using existing regulatory programs, and incentives and disincentives to promote and assist source reduction.
(4)
Identification of industries and pollutants that require priority assistance in multi-media source reduction9
^9
So in law. Probably should be followed by a period.
(5)
Recommendations as to incentives needed to encourage investment and research and development in source reduction.
(6)
Identification of opportunities and development of priorities for research and development in source reduction methods and techniques.
(7)
An evaluation of the cost and technical feasibility, by industry and processes, of source reduction opportunities and current activities and an identification of any industries for which there are significant barriers to source reduction with an analysis of the basis of this identification.
(8)
An evaluation of methods of coordinating, streamlining, and improving public access to data collected under Federal environmental statutes.
(9)
An evaluation of data gaps and data duplication with respect to data collected under Federal environmental statutes.
In the report following the first biennial report provided for under this subsection, paragraphs (3) through (9) may be included at the discretion of the Administrator.
[42 U.S.C. 13107]
SEC. 6609.

SAVINGS PROVISIONS.
(a)
Nothing in this subtitle shall be construed to modify or interfere with the implementation of title III of the Superfund Amendments and Reauthorization Act of 1986.
(b)
Nothing contained in this subtitle shall be construed, interpreted or applied to supplant, displace, preempt or otherwise diminish the responsibilities and liabilities under other State or Federal law, whether statutory or common.
[42 U.S.C. 13108]
SEC. 6610.

AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Administrator $8,000,000 for each of the fiscal years 1991, 1992, and 1993 for functions carried out under this subtitle (other than State Grants), and $8,000,000 for each of the fiscal years 1991, 1992, and 1993, for grant programs to States issued pursuant to section 6605.
[42 U.S.C. 13109]
* * * * * * *
TITLE XIII—

BUDGET ENFORCEMENT
* * * * * * *
Subtitle C—

Social Security
SEC. 13301.

OFF-BUDGET STATUS OF OASDI TRUST FUNDS.
(a)

Exclusion of Social Security from All Budgets.—
Notwithstanding any other provision of law, the receipts and disbursements of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund shall not be counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of—
(1)
the budget of the United States Government as submitted by the President,
(2)
the congressional budget, or
(3)
the Balanced Budget and Emergency Deficit Control Act of 1985.
(b)

Exclusion of Social Security From Congressional Budget.—
Section 301(a) of the Congressional Budget Act of 1974 is amended by adding at the end the following: “The concurrent resolution shall not include the outlays and revenue totals of the old age, survivors, and disability insurance program established under title II of the Social Security Act or the related provisions of the Internal Revenue Code of 1986 in the surplus or deficit totals required by this subsection or in any other surplus or deficit totals required by this title.”.
SEC. 13302.

PROTECTION OF OASDI TRUST FUNDS IN THE HOUSE OF REPRESENTATIVES.
(a)

In General.—
It shall not be in order in the House of Representatives to consider any bill or joint resolution, as reported, or any amendment thereto or conference report thereon, if, upon enactment—
(1)
(A)
such legislation under consideration would provide for a net increase in OASDI benefits of at least 0.02 percent of the present value of future taxable payroll for the 75-year period utilized in the most recent annual report of the Board of Trustees provided pursuant to section 201(c)(2) of the Social Security Act, and (B) such legislation under consideration does not provide at least a net increase, for such 75-year period, in OASDI taxes of the amount by which the net increase in such benefits exceeds 0.02 percent of the present value of future taxable payroll for such 75-year period,
(2)
(A)
such legislation under consideration would provide for a net increase in OASDI benefits (for the 5-year estimating period for such legislation under consideration), (B) such net increase, together with the net increases in OASDI benefits resulting from previous legislation enacted during that fiscal year or any of the previous 4 fiscal years (as estimated at the time of enactment) which are attributable to those portions of the 5-year estimating periods for such previous legislation that fall within the 5-year estimating period for such legislation under consideration, exceeds $250,000,000, and (C) such legislation under consideration does not provide at least a net increase, for the 5-year estimating period for such legislation under consideration, in OASDI taxes which, together with net increases in OASDI taxes resulting from such previous legislation which are attributable to those portions of the 5-year estimating periods for such previous legislation that fall within the 5-year estimating period for such legislation under consideration, equals the amount by which the net increase derived under subparagraph (B) exceeds $250,000,000;
(3)
(A)
such legislation under consideration would provide for a net decrease in OASDI taxes of at least 0.02 percent of the present value of future taxable payroll for the 75-year period utilized in the most recent annual report of the Board of Trustees provided pursuant to section 201(c)(2) of the Social Security Act, and (B) such legislation under consideration does not provide at least a net decrease, for such 75-year period, in OASDI benefits of the amount by which the net decrease in such taxes exceeds 0.02 percent of the present value of future taxable payroll for such 75-year period, or
(4)
(A)
such legislation under consideration would provide for a net decrease in OASDI taxes (for the 5-year estimating period for such legislation under consideration), (B) such net decrease, together with the net decreases in OASDI taxes resulting from previous legislation enacted during that fiscal year or any of the previous 4 fiscal years (as estimated at the time of enactment) which are attributable to those portions of the 5-year estimating periods for such previous legislation that fall within the 5-year estimating period for such legislation under consideration, exceeds $250,000,000, and (C) such legislation under consideration does not provide at least a net decrease, for the 5-year estimating period for such legislation under consideration, in OASDI benefits which, together with net decreases in OASDI benefits resulting from such previous legislation which are attributable to those portions of the 5-year estimating periods for such previous legislation that fall within the 5-year estimating period for such legislation under consideration, equals the amount by which the net decrease derived under subparagraph (B) exceeds $250,000,000.
(b)

Application.—
In applying paragraph (3) or (4) of subsection (a), any provision of any bill or joint resolution, as reported, or any amendment thereto, or conference report thereon, the effect of which is to provide for a net decrease for any period in taxes described in subsection (c)(2)(A) shall be disregarded if such bill, joint resolution, amendment, or conference report also includes a provision the effect of which is to provide for a net increase of at least an equivalent amount for such period in medicare taxes.
(c)

Definitions.—
For purposes of this subsection:
(1)
The term “OASDI benefits” means the benefits under the old-age, survivors, and disability insurance programs under title II of the Social Security Act.
(2)
The term “OASDI taxes” means—
(A)
the taxes imposed under sections 1401(a), 3101(a), and 3111(a) of the Internal Revenue Code of 1986, and
(B)
the taxes imposed under chapter 1 of such Code (to the extent attributable to section 86 of such Code).
(3)
The term “medicare taxes” means the taxes imposed under sections 1401(b), 3101(b), and 3111(b) of the Internal Revenue Code of 1986.
(4)
The term “previous legislation” shall not include legislation enacted before fiscal year 1991.
(5)
The term “5-year estimating period” means, with respect to any legislation, the fiscal year in which such legislation becomes or would become effective and the next 4 fiscal years.
(6)
No provision of any bill or resolution, or any amendment thereto or conference report thereon, involving a change in chapter 1 of the Internal Revenue Code of 1986 shall be treated as affecting the amount of OASDI taxes referred to in paragraph (2)(B) unless such provision changes the income tax treatment of OASDI benefits.
* * * * * * *
SEC. 13305.

EXERCISE OF RULEMAKING POWER.
This title and the amendments made by it are enacted by the Congress—
(1)
as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as a part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and
(2)
with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House.
SEC. 13306.

EFFECTIVE DATE.
Sections 13301, 13302, and 13303 and any amendments made by such sections shall apply with respect to fiscal years beginning on or after October 1, 1990. Section 13304 shall be effective for annual reports of the Board of Trustees issued in or after calendar year 1991.
* * * * * * *
Subtitle E—

Government-sponsored Enterprises
SEC. 13501.

FINANCIAL SAFETY AND SOUNDNESS OF GOVERNMENT-SPONSORED ENTERPRISES.
(a)

Definition.—
For purposes of this section, the terms “Government-sponsored enterprise” and “GSE” mean the Farm Credit System (including the Farm Credit Banks, Banks for Cooperatives, and Federal Agricultural Mortgage Corporation), the Federal Home Loan Bank System, the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, and the Student Loan Marketing Association.
* * * * * * *
(d)

Access to Relevant Information.—
(1)
For the studies required by this section, each GSE shall provide full and prompt access to the Secretary of the Treasury and the Director of the Congressional Budget Office to its books and records and other information requested by the Secretary of the Treasury or the Director of the Congressional Budget Office.
(2)
In preparing the studies required by this section, the Secretary of the Treasury and the Director of the Congressional Budget Office may request information from, or the assistance of, any Federal department or agency authorized by law to supervise the activities of a GSE.
(e)

Confidentiality of Relevant Information.—
(1)
The Secretary of the Treasury and the Director of the Congressional Budget Office shall determine and maintain the confidentiality of any book, record, or information made available by a GSE under this section in a manner consistent with the level of confidentiality established for the material by the GSE involved.
(2)
The Department of the Treasury shall be exempt from section 552 of title 5, United States Code, for any book, record, or information made available under subsection (d) and determined by the Secretary of the Treasury to be confidential under this subsection.
(3)
Any officer or employee of the Department of the Treasury shall be subject to the penalties set forth in section 1906 of title 18, United States Code, if—
(A)
by virtue of his or her employment or official position, he or she has possession of or access to any book, record, or information made available under and determined to be confidential under this section; and
(B)
he or she discloses the material in any manner other than—
(i)
to an officer or employee of the Department of the Treasury; or
(ii)
pursuant to the exception set forth in such section 1906.
(4)
The Congressional Budget Office shall be exempt from section 203 of the Congressional Budget Act of 1974 with respect to any book, record, or information made available under this subsection and determined by the Director to be confidential under paragraph (1).
(f)

President's Budget.—
The President's annual budget submission shall include an analysis of the financial condition of the GSEs and the financial exposure of the Government, if any, posed by GSEs.
* * * * * * *