United States · United States Congress · 2 May 1989
Increases the annual salary rates of the Chief Justice, Associate Justices of the Supreme Court, U.S. Circuit Judges, U.S. District Judges, and judges of the U.S. Court of International Trade by 30 percent of their respective existing rates. Requires that certain judicial salary rates be adjusted on the same date that civil service retirement annuities are increased and by the same percentage amount as such annuities are increased. Repeals a provision of the judicial code that required specific congressional authorization for salary increases for Federal judges and justices of the Supreme Court. Authorizes appropriations.
United States · United States Congress · 2 May 1989
Privacy for Consumers and Workers Act - Requires employers who engage in electronic monitoring to provide each affected employee with prior written notice describing specified aspects of the electronic monitoring directly affecting the employee. Requires employers to notify prospective employees at personal interviews or meetings of existing forms of electronic monitoring which may directly affect them and, upon request, provide them with the written notice provided to employees. Requires employers to provide affected employees with some form of visual or aural notice that indicates that electronic monitoring is taking place, at periodic intervals unless the monitoring is continuous during each of the employee's shifts. Requires employers to provide affected customers with some form of visual or aural notice, at periodic intervals, indicating that telephone service observation is taking place. Requires employers to permit employees or their authorized agents to have access to all personal data obtained by electronic monitoring of their work. Prohibits employers from collecting personal data on an employee which is not relevant to the employee's work performance. Prohibits employers from disclosing personal data obtained by electronic monitoring to any person or business except to the individual employee to whom that data pertains or without the employee's prior written consent, unless disclosure would be: (1) to the employer's officers and employees who need it to perform their duties; (2) to a law enforcement agency for a criminal investigation or prosecution; or (3) pursuant to a proper court order. Prohibits employers from using personal data obtained by electronic monitoring as the exclusive basis for individual employee performance evaluation or disciplinary action, unless the employee is given an opportunity to review the data within a reasonable time after it is obtained. Prohibits employers from using personal data or collective data obtained by electronic monitoring as the sole basis for setting production quotas or work performance expectations. Prohibits employers from maintaining, collecting, using, or disseminating personal data obtained by electronic monitoring which describes how an employee exercises First Amendment rights, unless such use is: (1) expressly authorized by statute or by the employee; or (2) pertinent to and within the scope of an authorized law enforcement activity. Sets forth the following enforcement provisions: (1) civil penalties; (2) injunctive actions by the Secretary of Labor; and (3) private civil actions. Prohibits waiver of rights and procedures provided by this Act, unless such waiver is part of a written settlement by the parties to a pending action or complaint. Directs the Secretary of Labor to issue rules and regulations to carry out this Act within six months. Makes this Act inapplicable to otherwise permissible electronic monitoring by law enforcement agencies in criminal investigations.
United States · United States Congress · 2 May 1989
Elephant Protection Act - Requires the United States Trade Representative (USTR), before January 1, 1990, to identify each foreign country that has enacted sanctions against trading in ivory. Requires the USTR to: (1) determine, for each year after 1989, if each identified country has effectively enforced such sanctions; (2) determine, for each year after 1990, if each foreign country not so identified has enacted such sanctions; and (3) determine, for each year after 1990, if such countries that have implemented sanctions against trading in ivory have enforced them. Directs the USTR to: (1) make such determinations for each year; (2) notify the President of each negative determination; and (3) publish each negative determination in the Federal Register. Requires the President, after receiving a negative determination with respect to any foreign country, to revoke nondiscriminatory treatment (most-favored-nation treatment) for all products of such country that are imported into the United States. Makes it unlawful for any person to import or export ivory products. Sets forth civil and criminal penalties. Amends the Internal Revenue Code to deny foreign tax credit benefits with respect to income derived from trading in ivory. Provides that ivory-related income shall not be treated as foreign base company income.
United States · United States Congress · 2 May 1989
Amends the Medicare Catastrophic Coverage Act of 1988 to direct the Advisory Committee on Medicare Home Health Claims to evaluate and report to the Congress and to the Administrator of the Health Care Financing Administration by October 1, 1990, on changes in the process for denying claims for home health services under title XVIII (Medicare) of the Social Security Act. Terminates the Commission on October 1, 1990.
United States · United States Congress · 2 May 1989
Amends the Internal Revenue Code to grant tax-exempt status to health insurance organizations that meet specified criteria, including requirements that the organization provide continuous open enrollment for individuals and small groups and offer policies covering preexisting conditions of high-risk individuals without a price differential within a community. Repeals the current income tax deduction available to Blue Cross and Blue Shield organizations.
United States · United States Congress · 2 May 1989
Designates September 8, 1989, as National Pledge of Allegiance Day. Expresses the sense of the Congress that the Christopher Columbus Quincentenary Jubilee Commission should include the centennial observance of the Pledge of Allegiance in its commemorative activities.
United States · United States Congress · 27 April 1989
Prohibits the United States from making any voluntary or assessed contributions to the United Nations or any of its affiliated organizations if such entity grants full membership as a state to any organization or group that does not have the internationally recognized attributes of statehood.
United States · United States Congress · 27 April 1989
Amends the Internal Revenue Code to make available to an employer a credit against income tax liability for expenses paid or incurred during the taxable year to acquire, construct, rehabilitate, or expand a qualified on-site day care facility operated by the employer for the care of enrollees, at least 30 percent of whom must be dependents of the employer's employees. Limits the amount of the credit based on the number of enrollees who may be cared for in the facility at one time. Limits use of the personal tax credit for employment-related day care expenses to taxpayers having adjusted gross income of $50,000 or less.
United States · United States Congress · 26 April 1989
Emergency Nurse Shortage Relief Act of 1989 - Amends title VIII (Nurse Education) of the Public Health Service Act to authorize the Secretary of Health and Human Services to make grants for programs to: (1) promote nursing as a career, including promotion in public secondary schools; (2) identify and provide internships to students in such schools who show an interest in health care; and (3) recruit nursing students from groups not traditionally well represented in the profession. Authorizes appropriations. Authorizes the Secretary to make grants for programs to: (1) encourage and assist non-practicing nurses to reenter the profession; (2) train nurses as nurse practitioners or nurse midwives or in areas of needed specialized nursing skills; and (3) provide tuition assistance to students in educational programs designed to facilitate reentry. Authorizes appropriations. Authorizes the Secretary to make grants for programs to: (1) increase the attractiveness of nursing as a career through changes in wage structures, employment options and benefits, and the role of nurses in health care facilities; and (2) demonstrate innovative methods of providing for career advancement and encourage nurses and nurse assistants to continue nursing education. Authorizes appropriations. Authorizes the Secretary, subject to appropriations, to establish a program to insure educational loans to individuals with a degree as a registered nurse for educational expenses related to training nurses as nurse practitioners or nurse midwives or in areas of needed specialized nursing skills. Makes provisions of the Federal Program of Insured Loans to Graduate Students in Health Professions Schools, established by current law in the Public Health Service Act, apply to this program except as inconsistent. Authorizes the Secretary, subject to appropriations, to enter into agreements with eligible individuals to assist in repaying specified amounts of their eligible educational loans. Sets forth criteria for an individual to be eligible to receive assistance, including a requirement that the individual agree to work full-time as a registered nurse in a nursing crisis area. Sets forth a schedule for loan repayment by the Secretary to the holder of the loans based on the number of years of work completed as agreed. Amends the Internal Revenue Code to allow C corporations a tax credit for 20 percent of the amount paid or incurred as qualified nursing scholarships. Directs the Attorney General to extend for at least one additional year the status of nonimmigrant alien for those aliens admitted under specified provisions of the Immigration and Nationality Act who perform services as registered nurses in a nursing crisis area, provided the Secretary of Labor has certified that the continuing employment of the aliens will not adversely affect the wages and working conditions of U.S. registered nurses. Amends title VIII (Nurse Education) of the Public Health Service Act to direct the Secretary of Health and Human Services to designate areas that have: (1) a severe shortage in the number of nurses as nursing crisis areas; and (2) a shortage of practicing nurses with specialized nursing skills as areas of needed specialized nursing skills. Directs the Secretary to review and, if necessary, redesignate such areas at least annually.
United States · United States Congress · 26 April 1989
Amends Federal law relating to the provision of books for the adult blind to provide that the certification of dyslexia, for purposes of eligibility for a loan of books published on sound reproduction recordings, may be made by a competent authority only through the use of a test: (1) approved by the Director of the National Institutes of Health; and (2) administered by an individual (who does not have to be a doctor of medicine) qualified to administer and evaluate such a test.
United States · United States Congress · 26 April 1989
Amends Internal Revenue Code provisions governing the income tax deduction for the health insurance costs of self-employed individuals to: (1) make the deduction permanent (under current law it will expire after tax year 1989); and (2) phase in an increase in the allowable deduction, reaching 100 percent for taxable years beginning in 1994 and thereafter.
United States · United States Congress · 26 April 1989
Expresses the sense of the House of Representatives that the Bankruptcy Court and all involved parties should facilitate the prompt restoration of Eastern Airlines to full operations through appropriate action which may include appointment of a trustee, pending the sale of the company.
United States · United States Congress · 25 April 1989
Amends the Internal Revenue Code to deny an income tax deduction for certain expenses of repairing or maintaining a commercial aircraft outside the United States.
United States · United States Congress · 25 April 1989
Authorizes and directs the President to call on representatives of the broadcasting industry, in cooperation with public health organizations, to provide free air time to private and government organizations for antismoking public service announcements which educate the public about the dangers of cigarette smoking.
United States · United States Congress · 18 April 1989
Provides for the establishment of categories of aliens who are subject to persecution in the Soviet Union or in Indochina (Vietnam, Cambodia, or Laos) and therefore admissible as refugees into the United States. Deems Jews and Evangelical Christians in the Soviet Union as such a category. Provides for the adjustment of status to refugee status for certain Soviet and Indochinese parolees residing in the United States.
United States · United States Congress · 18 April 1989
Amends the Clean Air Act to establish standards for emissions of dioxins from new or modified municipal waste combustion units. Requires the Administrator of the Environmental Protection Agency to provide for the monitoring of such emissions. Authorizes States to adopt more stringent standards. Authorizes the Administrator to promulgate standards for emissions of other air pollutants from municipal waste combustion units.
United States · United States Congress · 18 April 1989
Food Labeling and Heart Disease Reduction Act of 1989 - Amends the Federal Food, Drug, and Cosmetic Act to deem foods containing fat, cholesterol, or sodium to be misbranded unless their labeling states certain information with regard to: (1) calories from fat; (2) total fat and saturated, polyunsaturated, or monounsaturated fat; (3) sodium; and (4) cholesterol.
United States · United States Congress · 18 April 1989
Organ Transportation Good Samaritan Act - Limits to gross negligence the liability of persons who without compensation transport by air in interstate commerce human transplant organs.
United States · United States Congress · 17 April 1989
Requires the Committee on House Administration, not later than December 31, 1989, to: (1) take such action as may be necessary to discontinue use of disposable polystyrene foam trays, dishes, and beverage containers in the food service operations of the House of Representatives; and (2) require that disposable trays, dishes, and beverage containers used in such operations be biodegradable.
United States · United States Congress · 13 April 1989
Oilspill Bill - Amends the Internal Revenue Code to disallow any income tax deduction for oil or hazardous substances cleanup costs, including related legal expenses, unless: (1) the Secretary of the Treasury receives certification from the relevant authority that the taxpayer has made a good faith effort to comply with specified Federal environmental law; or (2) the discharge was caused by an act of God, an act of war, negligence on the part of the U.S. Government, or an act or omission of a third party. Prohibits any loss resulting from disallowance of such a deduction from being offset by the net operating loss deduction. Transfers the revenue resulting from the disallowance to an account made available for subsequent transfer to: (1) the revolving fund under the Federal Water Pollution Control Act for expenses related to removal of discharged oil; or (2) the Hazardous Substance Superfund. Directs the Secretary of the Treasury to: (1) report to specified congressional committees an estimate of the decrease in Federal revenues between January 1, 1970, and December 31, 1988, by reason of the allowance of applicable cleanup costs; and (2) report annually to the same committees the amount expended on environmental cleanup costs and the amount accruing to the new cleanup account.
United States · United States Congress · 13 April 1989
United States Peace Tax Fund Act - Amends the Internal Revenue Code to establish in the Treasury the United States Peace Tax Fund (Fund) to receive payments designated on the tax returns of qualified individuals to be used for nonmilitary purposes. Directs the Secretary of the Treasury to report annually to the Congress on amounts transferred into the Fund. Requires the information to be printed in the Congressional Record. Permits conscientious objectors to designate on their income tax returns that any tax liability be paid into the Fund. Makes this designation procedure available to any individual who has demonstrated himself or herself, by reason of religious training and belief, to be opposed to participation in war in any form. Requires that each publication of general instructions accompanying income tax returns include specified information about the Fund, including the purposes of the Fund and the criteria governing one's eligibility to designate tax payments for it. Requires every taxpayer who makes such a designation for any taxable year to file a questionnaire return for the purpose of determining whether the taxpayer is an eligible individual. Permits the setting aside of criminal or civil penalties imposed upon a taxpayer for nonpayment of tax prior to 1990 if the taxpayer pays the tax due (with interest) and establishes to the satisfaction of the Secretary of the Treasury that the nonpayment was due to religious beliefs. Authorizes corresponding procedures in connection with estate and gift tax payments, under conditions prescribed by the Secretary of the Treasury. Directs the Comptroller General to determine the percentage of actual appropriations made by the United States from the Federal budget during the preceding year for military purposes. Requires publication of this information in the Congressional Record. Establishes a United States Peace Tax Fund Board of Trustees to distribute funds for eligible nonmilitary activities and research. Directs the Board to publish regulations to govern applications for funds. Authorizes appropriations.
United States · United States Congress · 13 April 1989
Authorizes the Raoul Wallenberg Tribute Committee to establish a work to honor Raoul Wallenberg on Federal land in the District of Columbia or its environs. Prohibits the United States from paying any expense of the establishment of the work.
United States · United States Congress · 12 April 1989
Community Housing Partnership Act - Title I: Housing Education and Organizational Support Grants for Community Based Housing Projects - Authorizes the Secretary of Housing and Urban Development to provide housing education and organizational support grants directly to nonprofit organizations or indirectly to States and cities to assist such organizations. Authorizes permanent appropriations beginning with FY 1989. Title II: Community Housing and Partnership Grants - Authorizes the Secretary to provide community partnership grants directly to nonprofit organizations or indirectly to States and cities to assist such organizations. Divides appropriations among: (1) urban community housing partnership grants; (2) State community housing partnership grants; and (3) direct community housing partnership grants. Sets forth the following eligible activities: (1) technical assistance and site control loans; (2) seed-money loans; (3) matching grants or loans; and (4) technical and management assistance for nonprofit sponsors. Sets forth rental project and home ownership eligibility provisions, including: (1) occupancy by lower income families; (2) profit limitations; (3) funding coordination; (4) tax treatment; and (5) affirmative action requirements. Authorizes permanent appropriations beginning with FY 1989. Title III: General Provisions - Defines specified terms for purposes of this Act.
United States · United States Congress · 11 April 1989
Authorizes the Secretary of Veterans Affairs to increase the eligibility for outpatient medical services to all veterans currently eligible for hospital care. (Currently, the eligibility for outpatient medical services is limited to veterans: (1) for a service-connected disability; or (2) for a disability for a veteran who has a service-connected disability rated at 50 percent or more.) Eliminates the authority of the Secretary to: (1) furnish home health services in connection with such outpatient care; and (2) contract for the provision of outpatient medical services with facilities that are not Department of Veterans Affairs facilities.
United States · United States Congress · 6 April 1989
Missing Service Personnel Act of 1989 - Requires the responsible uniformed service commander, after receiving notice that a person under his command is missing, to conduct an informal investigation to determine such person's whereabouts and, if appropriate, to place such person in a missing status. Requires the commander, if a person has been placed in such status, to notify the officer holding general court-martial authority over such person (or, in the case of a missing civilian, the Secretary concerned), who shall convene a board of initial inquiry within 45 days. Requires such board to: (1) investigate evidence relating to the disappearance of such person; (2) recommend whether to continue such person in a missing status or make a finding that such person has deserted, is absent without leave, or is dead; and (3) report its recommendations and findings. Provides for the convening of a board of further inquiry, if a board of initial inquiry recommends that such person be continued in a missing status, within one year of such recommendation. Requires such board to analyze any information which has become available since the board of initial inquiry issued its report, to determine whether such person should be continued in a missing status or declared dead, and to report its findings. Directs the Secretary concerned, upon the written request of a member of the immediate family of a missing person who, before the date of the enactment of this Act, was determined by the Secretary to be dead, to: (1) convene a board of further inquiry to determine whether such finding of death should be upheld or such person should be placed in a missing status; and (2) report its findings. Requires the Secretary, within three years after a board of further inquiry recommends a missing status for any person, to reconvene such board to review such status. Specifies the composition of such boards. Directs the Secretary to invite each member of the immediate family of the missing person to the meetings of a board of initial inquiry unless attendance would place such member in danger. Requires the Secretary to: (1) invite family members of missing persons to meetings of boards of further inquiry; (2) schedule such meetings at convenient locations and times; (3) provide such family members with reasonable notice of such meetings; and (4) open such meetings to the general public. Authorizes each board to hold meetings, take testimony, receive evidence, and secure directly from any U.S. department or agency any information necessary to carry out its duties. Provides for the appointment of counsel by the officer or Secretary concerned to represent the missing person. Requires that, if a board determines that a missing person is dead, it shall include in its report a detailed description of the location and date of death, whether the body has been recovered, and whether a licensed practitioner of forensic medicine determined that the body recovered is that of the missing person. Prohibits any such board from declaring a missing person dead unless: (1) evidence other than the passage of a period of less than 50 years suggests that such person is dead; (2) no evidence which reasonably suggests that such person is alive is in the possession of the Government; (3) representatives of the Government have made a complete search of the area where such person was last seen (unless the United States is not granted access to such area); and (4) Government representatives have checked the records of the government or entity having control over the area where such person was last seen (unless the Government is not granted access to such records). Provides for judicial review of determinations of death upon the filing of a written petition by any member of the missing person's immediate family. Directs the Secretary of the uniformed service in which a missing person serves to make certain that such person's personnel file contains all information in the possession of Federal departments and agencies pertaining to the disappearance or whereabouts of such person. Requires the Secretary to make certain that, if classified information is withheld, such file contains: (1) a notice that the information exists; and (2) a notice of the date of the most recent review of the classification status of the information. Sets forth penalties for knowingly withholding information pertaining to the disappearance or whereabouts of a missing person from that person's personnel file. Requires the Secretary concerned to make the contents of such file available to a member of the immediate family of such person upon written request.
United States · United States Congress · 6 April 1989
Food Safety Amendments of 1989 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to revise the definition of "pesticide chemical" by including pesticide chemical residues in processed foods, inert ingredients of pesticide chemicals, and substances resulting from the metabolism or degradation of a pesticide chemical. Specifies that pesticide chemical residues in or on a raw agricultural commodity or processed food (defined as any food other than a raw agricultural commodity that has been subject to processing) and pesticide chemicals used in the production, storage, or transportation of processed food (current law does not cover residues or apply to processed foods) are not food additives. Specifies that pesticide chemical residues in processed food, if within the tolerances set under this Act, do not make the food "adulterated" within the meaning of the FDCA. Establishes the general rule that any pesticide chemical or its residue in or on food, and any pesticide chemical added to food, requires either a tolerance or an exemption and that the residue remaining on food must be within the tolerance limit or consistent with the exemption. Provides for inclusion of inert ingredients in a pesticide chemical or its residue. Specifies that: (1) pesticide chemical residues in or on processed food which do not have a separate tolerance are lawful if those residues have been removed to the extent possible in good manufacturing practice and are within the tolerance for the raw agricultural commodity from which the processed food was made; and (2) raw agricultural commodities and processed food that contain pesticide chemicals or their residues pursuant to such a tolerance or exemption shall not be considered adulterated. Authorizes the Administrator of the Environmental Protection Agency to: (1) promulgate regulations that establish, modify, or revoke tolerances either in response to a petition or on the Administrator's initiative; and (2) establish expiration dates for such tolerances. Provides that a tolerance may be established for a pesticide chemical or pesticide chemical residue only if the risk to human health, including the health of identifiable population groups with special food consumption patterns, from dietary exposure to the chemical or residue is negligible. Revokes or modifies such tolerance if such risk is greater than negligible. Creates exceptions to such rule under certain circumstances. Sets forth the following criteria for determining negligible risk: (1) for pesticide chemical residues which are not likely to have any adverse human health effect below an identifiable level, the level at which the chemical will not cause or contribute to any known or anticipated adverse human health effects (including an ample margin of safety); and (2) for pesticide chemical residues which are likely to have an adverse human health effect at any level, the level at which the residue is not likely to cause or contribute to any additional adverse human health effects in the exposed population and will not cause or contribute to a risk of adverse human health effects, using conservative models, which exceeds a rate of one in a million. Sets forth guidelines for determining dietary exposure to pesticide chemical residues. Directs the Administrator to: (1) take into account all dietary exposure to the chemical, including exposure under the proposed tolerance (or the tolerance in effect in the case of a petition to modify and revoke an existing tolerance), all other sources of dietary exposure (including drinking water) to the same chemical; and (2) consider the level of exposure based on the assumption that residues are on all authorized raw agricultural commodities and processed food at tolerance levels and exposure occurs for a lifetime, with specified exceptions. Specifies that: (1) the tolerance level for a pesticide chemical residue in or on food shall be no higher than the Administrator determines is necessary for such chemical to have its intended effect; and (2) where tolerances or an exemption are revoked and the residue will unavoidably persist in the environment and contaminate food, the Administrator must establish a new tolerance not greater than that which permits the unavoidable levels to remain in the food. Precludes, subject to exception, the establishment or continuation of a tolerance unless the Administrator determines that there is a practical method for detecting and measuring residues. Specifies that such method must be the best available practical method and that it shall be considered practical only if it can be performed by the Secretary of Health and Human Services on a routine basis with the personnel, equipment, and other resources available to the Secretary. Sets forth factors to be considered by the Administrator in determining whether to establish, modify, or revoke a tolerance for a pesticide chemical residue, including: (1) the probable consumption of treated food by the population group which consumes the greatest amounts of the food or which is most sensitive to the chemical; (2) the cumulative effect of the residue, taking into account related chemicals and non-dietary routes of exposure; and (3) safety factors that are appropriate for animal experiments. Authorizes the Administrator to establish, modify, or revoke an exemption from the requirement for a tolerance in response to a petition or on the Administrator's own initiative. Specifies that an exemption may have an expiration date. Authorizes an exemption to be established, or left in effect, only if the pesticide chemical residue presents no risk to human health, including the health of identifiable population groups with special food consumption patterns, from dietary exposure at any level of residue that could result from use of the chemical on food. Directs the Administrator, in determining dietary exposure, to take into account: (1) all dietary exposure to the pesticide chemical, including exposure under the proposed exemption, all other tolerances or exemptions in effect for the same chemical, and all other sources of dietary exposure (including drinking water) to the same chemical; and (2) the maximum amount of residue that could reasonably be expected to occur if the instructions for use of the pesticide were not followed. Prohibits, subject to exception, the Administrator from establishing or continuing in effect an exemption unless the Administrator determines that there is a method for detecting and measuring the levels of such chemical or residue and that such method is the best available practical method. Allows any person to file a petition for the issuance of a regulation that establishes, modifies, or revokes a tolerance, or establishes or revokes an exemption. Specifies the information and data that must be contained in a petition to establish a new tolerance or new exemption for an active or an inert ingredient, or both, including: (1) a summary of the scientific reports respecting the safety of, and exposure to, the pesticide chemical; and (2) a statement that the petitioner authorizes the publication of such summary by the Administrator. Authorizes the Administrator to establish requirements for petitions to modify or revoke tolerances or exemptions. Directs the Administrator to publish a notice of the filing of a complete petition within 30 days of such filing, announcing the availability of a complete description of the analytical methods for the detection and measurement of the pesticide chemical in food and including the summary required in the petition to establish a tolerance or exemption. Specifies the Administrator's options after considering the petition and other available information, including publication of a final regulation approving or disapproving the petition, or proposing a regulation that is different from that requested in the petition. Makes a final regulation issued under this section effective upon the date of publication, subject to exception. Sets forth procedures for filing and considering objections to the final regulation. Provides for judicial review for any person adversely affected (including a person without an economic interest) by the Administrator's decision. Specifies that such review would not operate to stay the Administrator's decision unless specifically ordered by the court. Authorizes the Administrator to establish, modify, or revoke a tolerance or to establish or revoke an exemption on his own initiative. Requires the Administrator to issue a notice of any proposed rule and provide for at least a 30 day period for public comment on the proposed regulation (unless the public interest requires a shorter period). Authorizes the Administrator to revoke an exemption, or to revoke or modify a tolerance, without following the required procedure if such action is necessary to prevent an imminent hazard. Directs the Administrator, in such case, to provide notice of the action and to hold a public hearing within five days of a request (which request was made within five days of the Administrator's action) for a hearing. Specifies that the effective date of the action shall not be delayed because of the hearing and the order may not be judicially reviewed until after the hearing or set aside while the order is being judicially reviewed. Requires the Administrator to request additional data, or initiate an action to modify or revoke the exemption, if the data contained in a petition (including a petition submitted before the date of enactment) to establish a tolerance or exemption is inadequate to support the continuation of such tolerance or exemption. Specifies that: (1) when the Administrator requires the submission of data, the Administrator shall publish an order in the Federal Register that establishes deadlines for the identification of the persons who will submit the data and the submission of necessary data and reports; (2) if such deadlines are not met, the tolerance or exemption shall be considered revoked, subject to exception; and (3) an order issued under this section shall be subject to administrative and judicial review. Provides for the confidentiality of data contained in a petition (upon request of the petitioner) until publication of a regulation or order unless disclosure has been made previously, or is allowed under this Act or otherwise required by law. Specifies the persons to whom confidential data may be disclosed. Authorizes the Administrator to publish the informative summary required in the petition and other summaries of the data relating to the proposed or final regulation or order. Sets forth procedures by which the public may obtain access to the health and safety data submitted or cited in support of a petition. Directs the Secretary of Health and Human Services to conduct surveillance and compliance sampling of raw agricultural commodities and processed foods for pesticide chemical residues. Directs the Administrator to require fees sufficient to provide, equip, and maintain an adequate service for the performance of the Administrator's functions under these provisions. Directs the Administrator to evaluate each pesticide chemical residue which is required to have a tolerance or an exemption to determine whether it exceeds the negligible risk standard, requiring the submission of data if necessary in order to make the determination. Lists actions the Administrator must take if the standard is exceeded, including: (1) requiring the submission of data supporting continuation of the tolerance or exemption; and (2) lowering one or more tolerances or revoking tolerances or exemptions. Allows the Administrator, if the risk is not significantly greater than the negligible risk standard, to issue a notice with specified contents in the Federal Register. Requires, within two years of the notice: (1) submission of data regarding the lowest residue level required to accomplish the intended effect; (2) a method for measuring levels of residue which meets certain requirements; (3) lowering of the risk under each tolerance to meet the standard; and (4) revocation of an exemption and establishment of one or more tolerances so as to meet the standard. Requires that, within four years of the notice, the risk meet the standard. Sets forth the consequences of failing to meet these deadlines. Provides for administrative and judicial review. Revises the negligible risk standard, effective six years after enactment of this Act, to consider the risk of the residue in question combined with the risk of all other pesticide chemical residues usually used on the same raw agricultural commodity or processed food. Directs the Administrator, within one year of the revision, to revoke or modify all tolerances which do not meet the new standard. Directs the Administrator to review tolerances and exemptions in effect on the date of enactment of this Act and to take actions as required by this Act. Provides for administrative and judicial review. Directs the Administrator to publish: (1) a list of inert ingredients which are safe, which are required to have a tolerance, or which are required to be included in the tolerance for an active ingredient; and (2) an order requiring, by deadlines specified in the order, the submission of necessary data, concerning inert ingredients which are not on the safe list, to establish a tolerance. Requires that, if deadlines in the order are not met, the ingredient be considered unsafe, subject to exception. Provides for administrative and judicial review. Declares that pesticide chemicals or chemical residues which do not have tolerances or exemptions before the date of enactment of this Act because they are generally recognized as safe shall not be considered unsafe solely because they do not have a tolerance or exemption. Requires the Administrator, within one year of enactment, to establish deadlines for the submission of necessary data to establish tolerances or exemptions for any pesticide chemicals which, on the date of enactment, do not have tolerances or exemptions because they are generally recognized as safe. Authorizes the Administrator to issue an order declaring such chemicals to be unsafe if such deadlines are not met. Provides for administrative and judicial review of such order. Directs the Administrator to: (1) determine, for each method of measuring levels of certain residues, whether the requirements of this Act relating to practical methods of analysis have been met; and (2) publish a notice identifying methods which do not meet the requirements. Declares that, if any method does not meet the requirements within three years of the publication, any tolerance or exemption for the residue subject to the method shall be considered revoked.
United States · United States Congress · 6 April 1989
Urges the President to: (1) sign and submit to the Senate for ratification the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal; and (2) submit to the Congress proposed legislation to reform U.S. hazardous waste export laws and regulations.
United States · United States Congress · 5 April 1989
Authorizes the President to present a gold medal, on behalf of the Congress, to each of the following individuals in recognition of their contributions to this Nation's cultural heritage: (1) Frank Capra; (2) James Stewart; and (3) Fred Zinnemann. Requires the Secretary of the Treasury to design a different gold medal for each such individual. Authorizes appropriations. Authorizes the Secretary to strike and sell bronze duplicates of such medals at a price sufficient to cover the costs of such duplicates and the gold medals. Requires the appropriations to be reimbursed out of the sales proceeds. Designates all such medals as National Medals.
United States · United States Congress · 5 April 1989
Amends the Federal criminal code to prescribe penalties for the unauthorized use of the name Visiting Nurse Association or Visiting Nurse Service or of the name or insignia of the Visiting Nurse Association of America.
United States · United States Congress · 5 April 1989
Healthy Birth Act of 1989 - Amends title V (Maternal and Child Health Services) of the Social Security Act to increase authorized appropriations for such program. Sets aside certain appropriated amounts for comprehensive State infant mortality initiatives and Federal activities in coordination with such initiatives. Prohibits Federal assistance for such a State initiative unless the State provides assurances that it will: (1) establish a toll-free telephone information and referral system for maternal and child health services; (2) provide technical assistance and public awareness activities regarding the maternal and child health handbook to be disseminated by the Secretary of Health and Human Services; (3) develop and expand maternal and child health home visiting programs; (4) establish a "one-stop shopping," client-centered program under which pregnant women and mothers can apply for a wide range of Government programs in a coordinated manner at a location at which social and health-related services are made available to pregnant women and infants; (5) evaluate the impact of such initiative; and (6) be able to continue such initiative without Federal assistance within five years of the first receipt of such assistance. Directs the Secretary to use a specified portion of set-aside amounts to: (1) provide technical assistance to State initiatives; (2) disseminate a maternal and child health handbook to all pregnant women and new parents; (3) establish a nationwide, toll-free telephone information and referral system for maternal and child health services; (4) develop a model, coordinated application and eligibility determination system for use by States under the Medicaid program (title XIX of the Act) and the special supplemental food program for women, infants, and children; (5) improve the integration and coordination of Federal programs serving pregnant women and children; and (6) monitor and evaluate State infant mortality initiatives. Requires the Secretary to give priority to the initiatives of States demonstrating the greatest need and an ability to implement such initiatives, while recognizing the need for an equitable distribution of assistance among the States.
United States · United States Congress · 5 April 1989
Consumer Products Safe Testing Act - Prohibits Federal department or agency heads from considering LD50 test results when determining product safety, labeling, or transportation requirements for purposes of Federal regulation. (LD50 is a procedure whereby toxicity is measured in terms of the median dose that will kill 50 percent of the test animals within a specified time.) Requires Federal department and agency heads to: (1) review and evaluate directives that call for the use of an animal toxicity test; and (2) promulgate regulations specifying the use of nonanimal alternatives. Requires that animal toxicity testing regulations be subject to periodic agency review and to public comment in certain cases.
United States · United States Congress · 5 April 1989
Emergency Phone System Equal Access Act - Amends the Communications Act of 1934 to require that any telecommunication system that is operated by a provider of public safety services, used to provide public safety emergency answering services, and manufactured, imported, or installed in the United States more than one year after the enactment of this Act be readily accessible to hearing- and speech-impaired individuals.
United States · United States Congress · 5 April 1989
Refuge Wildlife Protection Act of 1989 - Amends the National Wildlife Refuge System Administration Act to require that any wildlife management or other activity which affects wildlife in any area of the System be conducted in the most humane manner possible. Permits the Secretary of the Interior to authorize any killing of a member of a wildlife species within any area of the System, based upon evidence that such killing is necessary for the health and habitat of wildlife species within the area, to protect public health and safety, and that non-lethal management alternatives are not available. Requires the Secretary to provide the scientific information upon which the authorization is based as well as details such as the numbers to be killed. Authorizes public hearings on such decisions unless an emergency exists. Authorizes the Secretary to contract out such killing. Authorizes the Secretary to donate the carcass to a charitable organization for a charitable purpose.
United States · United States Congress · 5 April 1989
Amends the Internal Revenue Code to impose a three percent excise tax on wholesale sales of paper and paper products that do not contain the minimum amount of recycled materials in accordance with Environmental Protection Agency (EPA) guidelines. Increases the tax rate by one percent each year to reach a maximum 12 percent rate for sales during 2000 and thereafter. Directs the EPA Administrator to issue guidelines for products not already designated by relevant guidelines.
United States · United States Congress · 5 April 1989
Urges the Government of Iran to uphold the human rights of all its nationals, including members of the Baha'i faith, and to extend the rights guaranteed by the Universal Declaration of Human Rights. Calls upon the President to continue to: (1) emphasize human rights improvements as an important factor in the development of relations between the U.S. and Iranian Governments; (2) cooperate with other governments to initiate and support actions by the United Nations and its agencies to promote the protection of the religious rights of the Baha'is; and (3) provide, and urge others to provide, for refugee and humanitarian assistance for those Baha'is fleeing their homelands to escape religious repression.
United States · United States Congress · 5 April 1989
Expresses the sense of the Congress that: (1) there should be a significant increase in Federal funding for programs authorized under the Education of the Handicapped Act; and (2) appropriations made by the 101st Congress to assist States and localities in providing education to children and youth with handicaps should equal at least 15 percent of the national average per pupil expenditure.
United States · United States Congress · 4 April 1989
Criticizes the efforts of the Republic of Serbia to infringe upon ethnic Albanians' rights in Kosovo, Yugoslavia. Calls upon the President to: (1) express the concerns of the Congress to the Yugoslavian Government regarding steps taken to amend the Serbian Constitution; (2) continue to monitor the human rights situation in Kosovo; and (3) reexamine relations with Yugoslavia in the event that Serbia continues to infringe upon the rights of ethnic Albanians of Kosovo.
United States · United States Congress · 23 March 1989
Native American Grave and Burial Protection Act - Prohibits the sale, use for profit, or interstate transport of Native American Indian skeletal remains without the written consent of the heirs of the deceased or the governing body of the Indian tribe culturally affiliated with such remains. Prescribes penalties for violations. Provides that any remains which have not been excavated or discovered by the date of this Act's enactment shall be disposed of according to the wishes of the heirs or the culturally affiliated tribe. Deems grave goods or sacred ceremonial objects found on public or tribal land to be owned by the tribe: (1) on whose reservation such items were discovered; (2) who aboriginally occupied the land on which the items were discovered; or (3) who can show a cultural affiliation with the items. Requires Federal agencies which possess or control any Native American skeletal remains or sacred objects to: (1) inventory such items and, to the extent possible, identify such items as to tribal origin; and (2) notify each tribe of the possession of such items. Directs tribes to decide which remains or objects they agree to accept and to notify the appropriate Federal agency. Requires Federal agencies and museums receiving Federal funds to return items to the tribe unless such items: (1) were acquired with the consent of the tribe or the legitimate Native American owners; or (2) are indispensable for the completion of a specific scientific study. Makes ineligible for further Federal funding museums not in compliance with this Act.
United States · United States Congress · 23 March 1989
Amends title XIX (Medicaid) of the Social Security Act to phase-in, over four years, the requirement that nursing facilities pay nursing personnel at a rate at least equal to the mean rate paid nursing personnel employed outside such facilities.
United States · United States Congress · 23 March 1989
Used Oil Recycling Act of 1989 - Amends the Solid Waste Disposal Act to prohibit the Administrator of the Environmental Protection Agency from listing or identifying as a hazardous waste any: (1) recycled oil; (2) used oil transferred to a person who certifies that such oil will be rerefined, processed, or reclaimed for a beneficial purpose or stored less than 12 months prior to such transfer; and (3) used oil which has been removed from the engine of a light duty motor vehicle or household appliance by the owner, transferred to a service station dealer, and stored by the dealer for less than 12 months. Requires the Administrator to determine whether to list as a hazardous waste used oil which is a solid waste and does not satisfy the above-listed criteria. Directs the Administrator to establish management standards for the storage, testing, transportation, treatment, exportation and importation, and processing of used oil. Requires such standards to be designed to protect human health and the environment by encouraging and expanding reliance on recycling of used oil. Exempts generators of used oil from recordkeeping or reporting requirements if such generators: (1) enter into an agreement for delivery of such oil to a recycling facility whose owner or operator certifies compliance with such standards or recycles such oil; (2) do not mix the oil with any hazardous wastes; and (3) maintain necessary records relating to the oil. Prohibits mixing used oil with any hazardous waste identified under such Act except where: (1) such mixing involves an identified hazardous waste and the resulting mixture does not exhibit a characteristic identified in such Act; and (2) the used oil mixture is burned to recover useful energy such that protection of human health and the environment is assured. Deems owners or operators of facilities which process used oil for fuel to have permits for recycling activities if in compliance with management standards. Directs the Administrator to conduct inspections of such facilities to determine compliance with such standards. Requires the Administrator to implement educational programs to inform the public about the environmental and safety hazards associated with improper handling of used oil and the benefits of used oil recycling. Authorizes appropriations. Directs the Administrator to promulgate regulations concerning the procurement of used oil fuel by Federal agencies subject to the requirements of the Solid Waste Disposal Act.
![Official portrait of Rep. Mrazek, Robert J. [D-NY-3]](https://www.congress.gov/img/member/m001057_200.jpg)