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United States · Official source
7,990 records where Sen. Kennedy, Edward M. [D-MA] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 1 June 1989
Amends the Carl D. Perkins Vocational Education Act to extend through FY 1995 the authorization of appropriations for programs and activities under such Act.
United States · United States Congress · 1 June 1989
Classification of Transitional Devices Amendments Act of 1989 - Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services to publish a notice in the Federal Register stating whether each transitional medical device for which a reclassification petition was not pending on January 1, 1989, shall remain in class III (devices requiring premarket approval) or be reclassified into class I (devices requiring general controls) or class II (devices requiring performance standards). Requires the manufacturers of devices that are to be classified in class I or II to submit to the Secretary any adverse safety and effectiveness information not previously reported. Requires the Secretary, within one year after enactment of this Act, to promulgate a regulation classifying each such device as class I or II, or providing that each such device shall remain in class III. Authorizes the Secretary to extend the one year period for classification for any such device for a period not to exceed one year. Prohibits the Secretary from retaining any daily wear nonhydrophilic plastic contact lens in class III unless such lens: (1) is used in supporting human life or preventing impairment of human health; or (2) presents an unreasonable risk of illness or injury.
United States · United States Congress · 31 May 1989
Designates the week of September 24, 1989, as Religious Freedom Week.
United States · United States Congress · 18 May 1989
International Plutonium Control Act - Urges the President to seek negotiations with the Soviet Union on a verifiable agreement to end the production by both countries of plutonium and highly enriched uranium for weapons purposes. Expresses the sense of the Congress that the United States and the Soviet Union should: (1) establish verification arrangements to monitor the cessation of activities under this Act, including mutual inspections of production reactors, chemical separation and uranium enrichment facilities, and isotope separation plants; (2) furnish the equipment and personnel to implement safeguards at civilian nuclear facilities and consider transferring the safeguards mission to the International Atomic Energy Agency; and (3) consider increasing their respective contributions to the Agency to fund the assignment of fully trained inspectors to each country to assume additional safeguards responsibilities at civilian nuclear facilities. Urges the President to seek agreement with the Soviet Union that the United States and the Soviet Union will: (1) exchange information on the location, mission, and maximum annual capacity of their facilities essential to the production of tritium for stockpile replenishment; and (2) provide to each other a complete inventory of facilities dedicated to the production of plutonium and uranium for weapons purposes. Prohibits funds from being obligated or expended by the United States to operate facilities dedicated to the production of plutonium for weapons purposes unless the President certifies to the Congress that: (1) the Soviet Union has refused to enter in good faith into the negotiations; (2) the United States is unable to determine that Soviet facilities producing plutonium have ceased operation; or (3) the Soviet Union is continuing to obtain plutonium by operating civilian chemical separation plants that are not under bilateral U.S.-Soviet safeguards.
United States · United States Congress · 18 May 1989
Designates October 16, 1989, and October 16, 1990, as World Food Day.
United States · United States Congress · 18 May 1989
Commends the Flying Tigers for nearly 50 years of service to the United States.
United States · United States Congress · 18 May 1989
Designates June 21, 1989, as Chaney, Goodman, and Schwerner Day. Expresses the sense of the Congress that the Voting Rights Act of 1965 has helped to fulfill the promise of democracy in this Nation. Reaffirms the goal of removing remaining barriers to full voter participation in this Nation.
United States · United States Congress · 16 May 1989
Biological Weapons Anti-Terrorism Act of 1989 - Amends the Federal criminal code to impose criminal penalties upon any person who knowingly: (1) develops, produces, stockpiles, acquires or possesses any agent, toxin, or delivery system for use as a weapon of mass destruction; or (2) assists a foreign state or an international organization to manufacture or acquire such an agent, toxin, or delivery system. Authorizes the Attorney General to seize and destroy any such agent, toxin, or delivery system. Authorizes the United States to obtain an injunction against conduct prohibited by this Act. Sets forth defenses to any seizure or injunction under this Act.
United States · United States Congress · 16 May 1989
Designates October 1989 as National Domestic Violence Awareness Month.
United States · United States Congress · 16 May 1989
Designates September 1989 as National Alcohol and Drug Treatment Month.
United States · United States Congress · 16 May 1989
Designates October 1 through October 7, 1989, as National Disability Awareness Week.
United States · United States Congress · 12 May 1989
Radiation Victims Fair Treatment Act - Amends the Department of Defense Authorization Act, 1985 to repeal provisions which: (1) substitute the United States as defendant in all suits against private contractors for radiation injuries arising from atomic weapons testing programs; and (2) make the Federal Tort Claims Act the sole remedy for those injuries. Details the applicability of statutes of limitations.
United States · United States Congress · 12 May 1989
Designates the week of February 11 through February 17, 1990, as Vocational-Technical Education Week.
United States · United States Congress · 11 May 1989
Nontraditional Employment for Women Act - Amends the Job Training Partnership Act (the Act) to define "nontraditional employment," as applied to women, to refer to occupations or fields of work where women comprise less than 25 percent of the individuals employed. Requires service delivery area (SDA) job training plans to include: (1) goals for the training of women in nontraditional employment and the training-related placement of women in nontraditional employment and apprenticeship; (2) a description of efforts to be undertaken to accomplish such goals, including efforts to increase awareness of such training and placement opportunities; and (3) procedures for annual reporting of the extent to which the SDA has met such goals and of a statistical breakdown of women trained and placed in nontraditional occupations, including specified types of information. Requires the State Governor's coordination and special services plan also to include such goals and descriptions of efforts for training and placement of women in nontraditional employment under the Act and the Carl D. Perkins Vocational Education Act. Directs the State job training coordinating council to: (1) review, summarize, and annually disseminate the results of SDAs' and Governor's efforts to train and place women in nontraditional employment; and (2) obtain from the sex equity coordinator under the Carl D. Perkins Vocational Education Act a summary of activities and an analysis of results under that Act and disseminate them annually. Requires State education coordination grant recipients to provide statewide coordinated approaches, including model programs, to train, place, and retain women in nontraditional employment. Allows the use of funds under title II (Training Services for the Disadvantaged) for outreach activities relating to education, training, work experience, and retention of women in nontraditional employment. Directs the Secretary of Labor to use a specified portion of funds for national activities under the Act for FY 1990 through 1993 to make grants to States to develop demonstration and exemplary programs to train and place women in nontraditional employment. Limits such grants to no more than six per fiscal year. Allows States receiving such assistance to award grants to service providers and SDAs under specified conditions. Directs the Secretary of Labor to report, with recommendations, to the Congress within five years on the extent of success of States and SDAs, and the effectiveness of such demonstration programs, in training, placing, and retaining women in nontraditional employment.
United States · United States Congress · 11 May 1989
Radiation Research Reorganization Act of 1989 - Transfers to the Secretary of Health and Human Services (Health Secretary) the authority of the Secretary of Energy (Energy Secretary) to conduct, under specified provisions of the Energy Reorganization Act of 1974 and any other law, epidemiological studies of the effects of exposure to radiation. Transfers related positions, property, records, obligations, commitments, and unexpended appropriations. Directs the Health Secretary to undertake a comprehensive program of epidemiological research into the health effects of exposure to radiation with the aim of identifying the nature and magnitude of the risk to the public and to the workforce of the Department of Energy (DOE) resulting from DOE activities. Directs the Energy Secretary to submit to the Health Secretary and the Congress: (1) a complete listing of data and records held or maintained by the DOE and of potential use in the conduct and evaluation of epidemiological and related studies; and (2) a complete record of funds expended by that department on research related to the health effects of radiation during each of the five years preceding enactment of this Act. Directs the Energy Secretary to provide to the Health Secretary access to all data and records not transferred to the Department of Health and Human Services (HHS) under other provisions of this Act if the records are deemed by the Health Secretary to be useful to epidemiological research, health risk assessments, radiation release studies, or dose reconstruction studies, and if confidentiality requirements are met. Directs the Health Secretary to grant access to the public to data held or developed by HHS, including data obtained from DOE, in accordance with the established practices of HHS. Prohibits the annual funding provided to HHS for carrying out the responsibilities transferred in specified provisions of this Act from being less than the greatest of the annual amounts reported by DOE under other provisions of this Act. Allows funds provided to HHS for the purposes of this Act to be used to support: (1) a program of epidemiological research into the health effects of exposure to radiation, and for other uses as the Secretary deems appropriate; and (2) activities of State public health agencies that are compatible with the purposes of this Act. Authorizes the Health Secretary to: (1) undertake such research into radiation releases and dose reconstruction, and health risk assessments, as necessary to carry out the duties transferred under specified provisions of this Act; and (2) review research conducted by DOE, after enactment of this Act, relating to such matters. Directs the Health Secretary to conduct a comprehensive review of: (1) existing epidemiological studies relating to health effects of exposure to radiation; and (2) existing and ongoing health risk assessments and studies relating to radiation releases and dose reconstruction efforts. Establishes the Advisory Panel on Radiation Research to advise the Health Secretary in carrying out the function transferred from the Energy Secretary under this Act.
United States · United States Congress · 11 May 1989
National American Indian Museum Act - Establishes within the Smithsonian Institution a memorial to Native Americans to be known as the National Museum of the American Indian to provide for the study, research, collection, and exhibition of Native Americans and their culture. Designates specified areas in the District of Columbia and New York City as the sites of facilities for the Museum. Requires establishment of a facility for the conservation and storage of Museum collections at the Museum Support Center in Suitland, Maryland. Authorizes the Smithsonian to: (1) provide for the transfer of certain assets of the Heye Foundation for the benefit and use of the Museum; (2) construct such facilities; (3) provide for acquisition of Native American objects and artifacts from museums or private collections; and (4) maintain or loan objects and artifacts in the Museum collection. Establishes the Board of Trustees of the Museum. Directs the Board to: (1) recommend annual budgets for the Museum; and (2) assist the Board of Regents on matters relating to the Museum. Grants the Trustees sole authority to: (1) dispose of and acquire additional Museum property; and (2) establish policy with respect to the utilization of the Museum collections. Grants the Trustees authority to: (1) establish policy with respect to restoration, preservation, and maintenance of Museum collections; (2) solicit funds for the Museum; (3) approve expenditures from the Museum's endowment; (4) advise the Museum's Director; (5) provide for the exhibition of Native American objects and artifacts; and (6) conduct research and evaluation and educational programs with respect to the Museum collections. Requires the Trustees to submit annual reports to the Board of Regents and the Congress. Requires the Foundation's employees serving at the time of the transfer to be offered employment by the Smithsonian. Authorizes the Board of Regents to: (1) designate affiliate museums of the Museum in certain U.S. regions and in Alaska and Hawaii; and (2) establish an advisory council within each such region or State to oversee Museum curation and acquisitions and to provide necessary technical assistance for such affiliate museums. Directs the Board of Regents to: (1) identify the geographic and tribal origins of the skeletal remains of Indians and Alaska Natives in the Smithsonian; (2) conduct a study and make recommendations as to the final disposition of such remains; (3) consult with Native American traditional religious leaders in making such recommendations; and (4) report to the Congress within three years after this Act's enactment on the identity of such skeletal remains and the findings and recommendation of such study. Pledges that the United States will provide the funds needed to maintain and operate the Museum. Authorizes appropriations.
United States · United States Congress · 11 May 1989
Low-Income Housing Credit Act of 1989 - Amends the Internal Revenue Code to make permanent the low-income housing income tax credit (under current law the credit will expire after tax year 1989). Permits States a one-year carryover of unused credit authority. Assigns carryovers to the Secretary of Housing and Urban Development to allocate to eligible States applying for excess credit. Allows the credit only if an extended low-income housing commitment (beyond the current 15-year period) is in effect with respect to any building for the relevant taxable year. Describes procedures to effect transition to a non-low-income use in connection with such extensions. Permits the credit in connection with the acquisition of an existing building only if the taxpayer incurs rehabilitation expenditures of at least $3,000 per unit. Revises rent restrictions to: (1) declare unnecessary a required rent reduction below the initial rent if the median gross income of the area decreases; (2) permit higher rent if units are occupied by higher income individuals and the project has an operating deficit; (3) base income limitations on the number of bedrooms in a unit; and (4) use State median gross income in certain low-income housing status determinations. Broadens categories of existing buildings eligible for a waiver of the ten-year requirement for the low-income housing credit. Revises credit provisions relating to single-room occupancy units and special needs housing. Revises restrictions that limit credit benefits in connection with buildings financed with tax-exempt bonds and below market loans. Permits the credit to be allocated: (1) on a project basis; and (2) in connection with owner-occupied buildings of four units or less if a development plan is submitted. Directs housing credit agencies to adopt plans for allocating credit amounts among projects, prohibiting the credit with respect to any building not included in such a plan. Modifies at-risk rules in connection with buildings subject to the historic rehabilitation credit and those associated with financing provided by certain nonprofit organizations. Sets the tax credit rate on a semiannual basis rather than monthly. Increases the credit in connection with buildings in high cost areas (low-income census tracts or difficult development areas). Establishes special rules for determining the eligible basis and applying at-risk rules in connection with qualified buildings acquired in foreclosures.
United States · United States Congress · 9 May 1989
Americans with Disabilities Act of 1989 - Title I: General Prohibition Against Discrimination - Declares that it shall be discriminatory, on the basis of disability, to deny opportunities or to afford them unequally, to provide opportunities less effectively (or differently or separately, unless necessary for effectiveness), to assist an organization or individual that discriminates, or to otherwise limit opportunities enjoyed by others. Prohibits the use of standards, criteria, or administrative methods that have the purpose or effect of discrimination or perpetuate discrimination. Declares it discriminatory to deny equal opportunities because of the relationship or association of an individual with another individual with a disability. Allows as a defense to a charge of discrimination that an application of standards or criteria has been demonstrated to be both necessary and substantially related to the ability of an individual to take advantage of the essential components of the opportunity, and that the taking advantage cannot be accomplished by reasonable accommodations, modifications, or the provision of auxiliary aids or services. Title II: Employment - Prohibits discrimination by any employer, employment agency, labor organization, or joint labor-management committee against any qualified individual with a disability in job application procedures, hiring or discharge, compensation, advancement, training, and other terms, conditions, and privileges of employment. Lists types of actions construed to be discrimination. Makes the remedies set forth in specified provisions of the Civil Rights Act of 1964 and other specified Federal law available to any individual who believes that he or she is being or is about to be subjected to discrimination in violation of this Act. Title III: Public Services - Declares that no qualified individual with a disability shall be excluded from the participation in, denied the benefits of, or subjected to discrimination by a State, or by an agency, political subdivision, or other instrumentality of a State. Lists types of actions deemed, for purposes of this Act and specified provisions of the Rehabilitation Act of 1973, to be discrimination with regard to public transportation. Makes the remedies and rights set forth in specified provisions of the Rehabilitation Act of 1973 available to any individual who believes that he or she is being or is about to be subjected to discrimination in violation of this Act. Title IV: Public Accommodations and Services Operated by Private Entities - Prohibits discrimination on the basis of disability in the enjoyment of any place of public accommodation. Lists types of actions construed to be discrimination. Prohibits discrimination on the basis of disability in public transportation services provided by a private entity that is primarily engaged in transporting people, but that is not in the principal business of air transportation. Lists types of actions construed to be discrimination. Makes specified provisions of the Fair Housing Act relating to enforcement available, subject to exception, to any aggrieved individual. Title V: Telecommunications Relay Services - Defines "telecommunications relay services" to mean services that enable simultaneous communication between individuals who use telecommunications devices for the deaf (TDDs) or other nonvoice terminal devices and individuals who do not use such devices. Declares it discriminatory for any common carrier that offers telephone services to the public to fail to provide interstate or intrastate telecommunication relay services that are equal to those provided to their customers who are able to use voice services, except in any State in which services are provided through an entity designated by the State. Declares it discrimination by a State that makes such a designation if the State fails to provide interstate or intrastate relay services that are equal to those provided to their voice customers. Makes specified provisions of the Fair Housing Act relating to enforcement available, subject to exception, to any aggrieved individual. Requires the Federal Communications Commission to enforce this title. Makes specified provisions of the Communication Act of 1934 apply with respect to the enforcement of this title. Provides for cease and desist orders by the Commission and for monetary penalties. Title VI: Miscellaneous Provisions - Prohibits retaliatory discrimination against any individual because of actions related to this Act. Declares that a State shall not be immune under the 11th Amendment to the Constitution from an action in Federal court for a violation of this Act. Requires the Architectural and Transportation Barriers Compliance Board to issue minimum guidelines to supplement the existing Minimum Guidelines and Requirements for Accessible Design. Allows the awarding of reasonable attorney's fees, in certain circumstances, in any action or proceeding under this Act.
United States · United States Congress · 4 May 1989
Construction Safety, Health, and Education Improvement Act of 1989 - Amends the Occupational Safety and Health Act of 1970 to establish in the Occupational Safety and Health Administration (OSHA) an Office of Construction Safety, Health, and Education (the Office) to ensure safe and healthy working conditions in the performance of construction work. Provides that the Office shall be headed by a Director appointed by the Secretary of Labor (the Secretary). Directs the Secretary to employ additional OSHA inspectors to carry out Office duties. Requires the Director to designate an Office employee to serve as small business liaison. Authorizes the Secretary to issue regulations providing for certain exemptions from this Act for specified types of construction projects, operations, or construction contractors, conditioned on compliance with alternative requirements capable of promoting employee safety and health. Directs the Secretary to establish an effective and fair system for construction worksite inspections, concentrating resources on construction worksites and operations with a high potential for fatalities or serious injuries and illnesses. Requires, when establishing inspection priorities, that due weight be given to employer compliance with standards and recordkeeping and reporting requirements. Gives priority to inspection of projects and worksites of owners and employers having a higher than average incidence or severity of injuries or illnesses for the type of construction involved. Requires each construction contractor to maintain accurate records of accidents and injuries at a construction worksite. Requires an employer to report to the appropriate regional office of OSHA by telephone or telegraph, within 24 hours after its occurrence, any incident involving construction work that results in: (1) a serious injury; (2) a fatality; (3) a structural failure that leads to the collapse of a place of employment; or (4) a potential collapse of a place of employment. Requires the employer to submit a written followup report with specified information. Directs the Secretary to conduct site inspections to investigate all such reports, as well as all reports of those categories of serious injuries the Secretary prescribes. Requires such inspections within 24 hours after receipt of the telephone or telegraph report, unless site conditions would make inspection dangerous. Requires the construction contractor to prevent destruction of evidence. Directs the Secretary to make public a narrative description of the occurrence. Requires the construction safety specialist to provide the Secretary with a notice containing specified information on a construction project prior to commencement of work, unless it is necessary to perform such work immediately to prevent injury to persons and notice is given to the Secretary as soon as practicable. Requires the construction safety specialist, at project completion at one-year intervals during the project, to report to the Secretary all fatalities and serious injuries and illnesses and all structural failures. Directs the Secretary to issue standard forms for such purposes. Requires a construction contractor to establish a written safety and health program, to be managed by a construction safety specialist or other employee of the contractor. Sets forth the requirements of such a program, including evaluations of perceived hazardous conditions and analyses of perceived harmful material or substances. Requires such evaluations and analyses to be conducted, upon an employee's or employee representative's request, by a construction safety professional and to be reported or denied in writing. Requires a construction contractor to develop and maintain an onsite project safety and health plan for each construction project that: (1) includes a construction process plan; (2) includes a hazard analysis; and (3) meets other specified requirements. Requires the construction safety specialist to provide a copy of the plan to each employer on the project before work commences. Requires the construction safety specialist to notify the responsible contractors of, and direct them to correct, any hazards, violations of safety or health law, or failure to comply with the program. Requires such notification to be reduced to writing as soon as practicable, with copies provided to the responsible contractors and, upon request, to all affected employers, employees, employee representatives, and the Secretary. Requires a construction contractor to ensure that a construction safety specialist is hired and retained and performs the duties prescribed by the Act at a construction worksite. Gives the construction contractor overall responsibility for the safety of the construction worksite with respect to construction safety, rules, and practices. Requires the contractor to ensure that subcontractors and supervisors are informed of the construction safety specialist's identity and duties, and to require them to comply with the specialist's health and safety policies at the worksite. Requires a construction safety specialist to: (1) ensure worksite compliance with the onsite plan and with guidelines of the Secretary and the Advisory Committee on Construction Safety and Health; (2) maintain a detailed worksite safety report; and (3) upon discovery of a hazard, order the contractor to eliminate it and inform the contractor, owner, and Secretary of any imminent dangers. Sets forth required qualifications of a construction safety specialist. Sets forth other responsibilities of a specialist. Establishes in OSHA a Construction Safety and Health Training Academy, to be headed by a Director appointed by the Secretary. Directs the Academy to: (1) train employees of the Office who conduct construction worksite inspections; and (2) train and certify construction safety specialists who have fulfilled requirements of a standardized training course and testing program. Revises Federal law relating to the National Institute for Occupational Safety and Health. Increases criminal penalties for any employer's willful violations of such Act which result in serious injury or death to an employee. Makes employers who cause such results through specified criminal negligence also liable to such penalties. Amends the Contract Work Hours and Safety Standards Act to grant the Advisory Committee on Construction Safety and Health specified powers to carry out its functions. Directs the President, in the budget message, to separate the appropriation account for construction industry safety activities from that of nonconstruction activities under such Act and the Occupational Safety and Health Act of 1970.
United States · United States Congress · 4 May 1989
Designates the week of November 12 through November 18, 1989, as Geography Awareness Week.
United States · United States Congress · 4 May 1989
Expresses support for the right of the Panamanian people to full democracy in Panama. Condemns the Noriega regime's attempts to curtail the rights of participation in the election process. Calls upon the Noriega regime to: (1) guarantee free and open access to polling places, public access to voting lists, and public tabulation of ballots; and (2) accord full access for electoral activities to the official U.S. observer team, the Carter-Ford election observer group, and other international observer teams. Urges President Bush to: (1) encourage other democracies to send international observer teams to Panama; (2) report to the Congress on the extent to which the May 7, 1989, elections in Panama were conducted in a free and fair manner; and (3) consult with the Congress on the future course of action for U.S. policy in Panama.
United States · United States Congress · 3 May 1989
Designates October 6, 1989, as German-American Day.
United States · United States Congress · 2 May 1989
Radon Mitigation Clarification Act of 1989 - Treats amounts paid for home improvements necessary to mitigate measured harmful levels of radon gas exposure as medical care expenses for purposes of the medical care expense income tax deduction.
United States · United States Congress · 2 May 1989
Congratulates the United Jewish Appeal on its 50th anniversary.
United States · United States Congress · 1 May 1989
National Voter Registration Act of 1989 - Requires each State to establish procedures with respect to presidential and congressional elections to permit voter registration by: (1) application in person simultaneously with application for a motor vehicle driver's license; (2) mail application; or (3) application in person at designated Federal, State, and private sector locations. Declares that this Act does not apply to any State that has no voter registration requirement with respect to presidential and congressional elections. Requires each State to: (1) assure that any eligible applicant who submits his or her application 25 days before the election is registered to vote in the election; (2) require the appropriate State election official to notify each applicant of the disposition of the application; and (3) provide that the name of a voter may not be removed from the official list of eligible voters except by reason of death, criminal conviction, mental incapacity, change in residence, failure to vote in two consecutive elections, or voter request. Requires each State to designate a chief State election official to coordinate State functions under this Act. Provides a private right of action for an individual aggrieved by a violation of this Act.
United States · United States Congress · 19 April 1989
FDA Revitalization Act - Title I: Power of FDA Over Real Property, Buildings, and Facilities - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to grant the Secretary of Health and Human Services specified powers in connection with real property, buildings, and facilities (such as acquiring and disposing of property, leasing buildings, and accepting gifts) to facilitate the transaction of the business of the Food and Drug Administration (FDA). Title II: Senior Scientific Health Service - Amends the Public Health Service Act to authorize the establishment of a Senior Scientific Health Service, outside the competitive civil service, whose members may be appointed based solely on distinction and achievement in the fields of biomedical research or clinical research evaluation. Amends Federal law relating to physicians' comparability allowances to include any physician or dentist who is paid under provisions of this title. Title III: Recovery and Retention of Fees for FOIA Requests - Amends the FDCA to authorize the Secretary, through the Commissioner of Food and Drugs, to charge fees to recover direct and indirect costs incurred in processing Freedom of Information Act requests for records obtained or created under the Act. Title IV: Small Business Training and Technical Assistance - Amends the FDCA to authorize the Secretary, through the Commissioner, to establish an office to provide technical and other nonfinancial assistance to small manufacturers of medical devices, drugs, cosmetics, and foods to assist the manufacturers in complying with the Act. Authorizes appropriations for FY 1990 through 1992. Title V: Biotechnology Demonstration Project - Directs the Secretary to establish a demonstration project allowing the use of the facilities of any public or private cooperative with the permission of and in conjunction with the cooperative to promote the development of biotechnology. Authorizes appropriations for FY 1990 through 1992. Title VI: Training and Loan Repayment Programs - Authorizes grants to public or nonprofit academic institutions, including schools of medicine, dentistry, pharmacy, and food science, to enable such institutions to develop core curriculum programs to train individuals in the field of regulatory review. Requires obligated service of grantees as FDA employees. Authorizes appropriations for FY 1990 through 1992 for such grants. Directs the Secretary to establish a loan repayment program under which the Secretary must repay loans incurred by individuals to obtain training in regulatory review in exchange for the individuals serving a period of time as employees of the FDA. Directs the Secretary to: (1) issue regulations to carry out these provisions; and (2) carry out the program, to the extent practicable, in a manner that is consistent with the National Health Service Corps Loan Repayment Program. Authorizes appropriations for FY 1990 through 1992. Title VII: Scientific Review Groups - Authorizes the Commissioner of Food and Drugs to establish such technical and scientific review groups as necessary to carry out the functions of the FDA. Title VIII: Human Food Safety, Technology, and Nutrition Advisory Committee - Directs the Secretary to establish the Human Food Safety, Technology, and Nutrition Advisory Committee to advise the Secretary and the Commissioner of Food and Drugs on issues involving food for human consumption, including: (1) food technology and production; (2) food research and development; (3) biotechnology and food products; (4) food safety; (5) the relationship between diet, nutrition, and health; and (6) health-related claims for food. Title IX: Automation of FDA - Directs the Secretary, through the Commissioner, to automate appropriate activities of the FDA to ensure timely review of activities regulated under the FDCA. Authorizes appropriations. Title X: Compensation and Employment Requirements for FDA and EPA Scientists - Requires the Director of the Office of Personnel Management to ensure, to the extent practicable, that the level of compensation and employment requirements are comparable for scientists employed by the FDA and by the Environmental Protection Agency. Title XI: Funding Floor for FDA - Declares that, notwithstanding any other provision of law, there shall be appropriated no less than a specified amount each fiscal year for the activities of the FDA.
United States · United States Congress · 19 April 1989
Consumer Protection Against Price-Fixing Act of 1989 - Amends the Sherman Act to set forth evidentiary standards for price-fixing actions. Requires the court to allow the issue of concerted action to fix prices to be decided by the trier of fact if there is sufficient evidence from which a trier of fact could reasonably conclude that: (1) the supplier of a good or service received from a competitor of a reseller an express or implied suggestion, request, or demand that the supplier take steps to curtail or eliminate price competition; and (2) sales or supplies to the reseller were terminated by the supplier because of such communication. Prohibits the court from allowing the trier of fact to consider whether an individual and a competitor engaged in concerted action to set prices in violation of this Act if the court determines that the trier of fact could only find concerted action by making implausible inferences. Provides that the fact that a supplier and a reseller entered into an agreement to establish the resale price of a good or service shall be sufficient to constitute a price fixing violation, except when the agreement is to establish the maximum resale price of a good or service. Specifies that an agreement between the seller and the purchaser of a good or service to terminate another purchaser as a dealer or to refuse to supply such other purchaser because of that purchaser's pricing policies violates this Act, regardless of whether or not a specific price or price level is agreed upon.
United States · United States Congress · 19 April 1989
Radiation Exposure Compensation Act - Establishes in the Treasury the Atmospheric Nuclear Testing Compensation Trust Fund for claims for injuries and death due to exposure to radiation from nuclear testing or uranium mining in Utah, Nevada, Arizona, Colorado, and New Mexico during certain time periods. Confers exclusive jurisdiction upon the Atmospheric Nuclear Testing Compensation Trust Fund Board of Directors to process personal injury claims and payments. Subjects any findings and awards made by the Board to judicial review. Prescribes guidelines for Board determination of compassionate claims relating to open air nuclear testing and uranium mining in specified areas. Sets forth a statute of limitations for filing claims and restricts the amount of attorney's fees which may be received. Insulates the award of damages from insurance claims or payments. Declares the Federal Tort Claims Act inapplicable to radiation compensation actions and imposes liability upon the United States regarding such claims to the same extent as a private individual under like circumstances.
United States · United States Congress · 19 April 1989
Designates the period commencing September 11, 1989, and ending September 15, 1989, as National Historically Black Colleges Week.
United States · United States Congress · 19 April 1989
Designates October 5, 1989, as Raoul Wallenberg Recognition Day.
United States · United States Congress · 19 April 1989
Designates October 3, 1989, as National Teacher Appreciation Day.
United States · United States Congress · 19 April 1989
Expresses the sense of the Senate 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 · 18 April 1989
Authorizes the Blackstone River Valley National Heritage Corridor Commission to make grants for historic preservation, an interpretative exhibit, and cultural and educational programs within the Blackstone River Valley National Heritage Corridor in Massachusetts and Rhode Island. Authorizes appropriations for FY 1988 through 1992.
United States · United States Congress · 18 April 1989
Designates October 7 through October 14, 1989, as National Week of Outreach to the Rural Disabled.
United States · United States Congress · 18 April 1989
Declares that it is a shared responsibility of both the public and private sectors at the Federal, State, and local levels to take the necessary steps to remove existing barriers to access to quality health care for every child and pregnant woman.
United States · United States Congress · 17 April 1989
North American Wetlands Conservation Act - Establishes a North American Wetlands Conservation Commission. Sets forth elements to be considered by the Commission in making recommendations for wetlands conservation projects. Requires the Commission to submit annual descriptions to the Secretary of the Interior and the appropriate congressional committees of projects recommended for Federal funding. Directs the Secretary to approve such projects for funding unless such projects should not have been recommended based on the consideration factors. Requires the Secretary to carry out such projects with funding available under this Act and the Federal Aid in Wildlife Restoration Act. Requires lands, waters, or other interests acquired by the Secretary to carry out such projects to be included in the National Wildlife Refuge System, except as otherwise provided in this Act. Authorizes the Secretary to convey to States or public or private agencies approved by States any real property interest acquired, managed, or restored with funding provided by this Act, except that no such interest shall, without the Secretary's approval, be converted for uses other than conservation of migratory birds, other fish and wildlife, and the wetland ecosystems on which such species depend. Requires the Secretary to approve such conversion only if the Secretary finds it in accordance with the North American Waterfowl Management Plan (Plan) signed by Canada and the United States in 1986 and only upon such conditions deemed necessary to assure the substitution of comparable wetland ecosystems or other habitats for migratory birds and other fish and wildlife species. Directs the Secretary to grant funds to public and private entities for carrying out wetlands conservation projects in Canada and Mexico. Subjects the granting of such funds to the condition that property interests acquired, managed, or restored with such funds will be administered for the long-term conservation and management of fish and wildlife and will provide for public access and use. Amends the Federal Aid in Wildlife Restoration Act to require the Secretary of the Treasury to invest in interest-bearing obligations such portion of the wildlife restoration fund not required for the current year's withdrawals. Sets forth authorized investment activities and the required use of interest held on obligations in such fund. Excludes such interest from revenues to be deducted for administrative expenses. Authorizes the sums of certain penalties or fines received for violations of the Migratory Bird Treaty Act to be appropriated to the Department of the Interior for allocations of funds under this Act. Authorizes additional appropriations. Allocates funds made available under this Act and the Federal Aid in Wildlife Restoration Act. Limits the Federal contribution to wetlands conservation projects to 75 percent for projects in Canada and Mexico and 50 percent of the total cost for projects in the United States. Authorizes the Secretary to: (1) make progress payments to wetlands conservation projects; and (2) enter into agreements to make payments on initial portions of such projects, subject to the availability of Federal funds. Prohibits the use of moneys allocated under this Act for acquiring lands for inclusion in the National Wildlife Refuge System, except as provided, unless there is appropriated under the Refuge Revenue Sharing Act for such fiscal year an amount equal to the difference between the total amount of net receipts and the aggregate amount of payments to be made to counties. Requires the head of each Federal agency responsible for acquiring, managing, or disposing of Federal lands and waters to cooperate with the Director of the U.S. Fish and Wildlife Service to restore, protect, and enhance the wetland ecosystems and other habitats for migratory birds, fish, and wildlife within such lands and waters. Directs such agencies, in the consideration of land disposal alternatives, to give priority to transfers of property for conservation purposes. Requires the Secretary to report biennially to the appropriate congressional committees on: (1) the estimated number of wetland acres and habitats that were restored, protected, or enhanced for migratory birds during such two-year period; and (2) trends in the population size and distribution of North American migratory birds. Directs the Secretary to report annually to such committees on the status of wetlands conservation projects and expenditures. Requires the Secretary, in 1991 and quinquennially thereafter, to revise the Plan with appropriate Canadian and Mexican officials. Prohibits funds made available under this Act and the Federal Aid in Wildlife Restoration Act from being used for fish and wildlife mitigation purposes under the Fish and Wildlife Coordination Act or the Water Resources Development Act of 1986.
United States · United States Congress · 17 April 1989
Building and Construction Industry Labor Law Amendments of 1989 - Amends the National Labor Relations Act to provide that in the construction industry two or more business entities engaged primarily in the building and construction industry, performing work within the geographical area covered by a collective bargaining agreement to which any one of the entities is a party, and performing the type of work described in such an agreement, shall be deemed a single employer if they have: (1) substantial common ownership; (2) substantial common management; or (3) substantial common control. Provides that the existence of a contractor-subcontractor relationship shall not be deemed per se to create a single employer or be considered as evidence of direct or indirect common management or control. Applies the terms of a collective bargaining agreement regarding employees of such business entities to all other business entities comprising the same single employer and performing the work described in the agreement within the geographical area covered by the agreement. States that collective bargaining agreements may only be repudiated after the National Labor Relations Board certifies election results in which a majority of the employees select a bargaining representative other than the representative with whom such agreement was made.
United States · United States Congress · 13 April 1989
Amends the Internal Revenue Code to increase the excise tax on cigarettes from: (1) $8 to $19 per thousand for small cigarettes; and (2) $16.80 to $39.91 per thousand for large ones.
United States · United States Congress · 13 April 1989
Amends the Federal Cigarette Labeling and Advertising Act to include among the options for required warnings in connection with cigarette advertising and labeling a Surgeon General's warning that smoking is addictive. Makes a corresponding amendment of the Comprehensive Smokeless Tobacco Health Education Act of 1986 with respect to the use of smokeless tobacco.
United States · United States Congress · 13 April 1989
Amends the Internal Revenue Code to disallow any income tax deduction for tobacco product advertising expenses.
United States · United States Congress · 13 April 1989
Amends the Drug-Free Schools and Communities Act of 1986 to require that Federal, State, and local programs for drug and alcohol abuse education and prevention also address problems associated with tobacco use.
United States · United States Congress · 13 April 1989
Amends Federal armed forces provisions regarding the sale of tobacco products in commissary stores, military exchanges, or ships' stores to require that the price charged for such products be the prevailing or average price charged by private commercial businesses for the retail sale of such products, including applicable State and local taxes. Authorizes the Secretary of a military department to use the profits from the sale of such tobacco products to promote the health and fitness of armed forces members and their dependents. Directs the Secretary of Defense to prescribe regulations to carry out this Act.
United States · United States Congress · 12 April 1989
Basic Health Benefits for All Americans Act - Title I: Amendments to Public Health Service Act - Amends the Public Health Service Act to add provisions which require each employer to enroll each of its employees and their families in a health benefit plan. Makes State and local employers which do not so enroll their employees and their families ineligible to receive grants, contracts, loans, or loan guarantees under such Act. Title II: Amendments to Fair Labor Standards Act of 1938 and Employee Retirement Income Security Act of 1974 - Amends the Fair Labor Standards Act of 1938 to add provisions which require each employer to enroll each of its employees and their families in a health benefit plan. Amends the Employee Retirement Income Security Act of 1974 (ERISA) regarding supersedure of State laws relating to contracts or policies of insurance issued to or under a health benefit plan under title III of this Act. Amends ERISA with regard to the treatment of the Hawaii Prepaid Health Care Act. Title III: Requirements for Health Benefit Plans for Employees and Their Families - Subtitle A: Requirement and Definitions - Applies this title to employers required to enroll employees in health benefit plans under certain provisions of the Public Health Service Act or the Fair Labor Standards Act of 1938. Requires each small and certain large employers to use a regional insurer, subject to certain exceptions and conditions. Exempts employers in the State of Hawaii so long as the Hawaii Prepaid Health Care Act remains in effect. Requires that enrollment of an employee in a health benefit plan under this title includes enrollment of the employee's family in the plan. Prohibits the employee from waiving personal or family enrollment. Provides exceptions: (1) to avoid duplicate family coverage; and (2) in the case of multiple employers. Prohibits employers from discriminating against any individual because such individual has a spouse or child required under this title to be enrolled in a health benefit plan. Subtitle B: Requirements for Health Benefit Plans - Sets forth general requirements for plans. Permits a health benefit plan to be considered as meeting such requirements provided the actuarial benefits under the plan are not less than would have applied if the plan met the requirements of this subtitle. Sets forth minimum requirements, including a limit on out-of-pocket expenses. Mandates inclusion of certain mental health benefits. Directs the Secretary of Health and Human Services to: (1) establish an advisory board to advise the Secretary on development of actuarial equivalency standards; and (2) publish, at least three months before the effective date of this Act, a table of actuarial equivalency describing as many variations as feasible. Declares a plan using variations not included in the table to be in compliance with this Act if it meets certain requirements. Directs the Secretary to establish streamlined procedures regarding employers with multiple plans. Allows new small businesses to use a tailored health benefit plan, as defined in this title. Specifies benefits which a plan must provide, including inpatient and outpatient hospital care and physician services, tests, prenatal and well-baby care, and inpatient and outpatient care for mental disorders. Prohibits placing limits on the amount, scope, or duration of benefits for hospital care, physician services, or tests, but allows plan limits on prenatal and well-baby care under regulations prescribed by the Secretary. Declares that nothing in this Act: (1) prohibits a health plan from providing benefits through a panel or other form of managed care system or establishing a different level of payments for reimbursement for different health care providers furnishing benefits; or (2) requires a plan to use a provider to provide benefits provided before the effective date of this Act other than the providers being utilized by the plan on that date or make payments to any provider that is excluded from participation in any Federal health care program. Allows an insurer to establish a fee schedule or other basis of payment that is different from actual charges if the schedule meets certain requirements. Specifies requirements regarding the date of initial coverage. Prohibits pre-existing condition provisions. Provides special requirements regarding certain part-time and temporary employees. Allows a plan to require an employee to pay for premiums, deductibles, copayments, and coinsurance not to exceed certain limits. Provides for adjustments for covered spouses with other coverage and for employed retirees. Requires each employer with an employee whose hourly wage is less than a specified amount to offer each such employee at least one plan that does not require a premium for the employee. Prohibits State laws from preventing employers from using payroll withholding for premiums due by employees. Sets forth special rules for the calculation of premiums for part-time employees. Sets limitations on: (1) deductibles, to be increased for increases in the consumer price index; (2) copayments and coinsurance, subject to exception; and (3) out-of-pocket expenses. Subtitle C: Certification of Regional Insurers - Directs the Secretary of Health and Human Services (Secretary) to designate six to eight health insurance regions and to establish procedures for the periodic certification of insurers for each region. Sets forth certification eligibility requirements. Specifies requirements for application for and consideration of applications for such certification. Directs the Secretary to periodically evaluate the performance of regional insurers and, under certain circumstances, allows the Secretary to terminate the certification of the insurer. Allows the Secretary, if the Secretary determines that there is a failure of competition among regional insurers in the region and that other conditions are met, to restrict certification, based on a competitive bidding or other system, to those qualified insurers which offer plans at lower rates. Sets forth requirements regarding the types of plans each regional insurer must offer. Requires each regional insurer to fix premiums under a community rating system. Prohibits adjustment of such premiums based on age, gender, other factors relating to the projected or actual use of services, or, subject to exception, on geographical location within the region. Permits regional insurers to enter into subcontracts. Directs the Secretary to encourage regional insurers to enter into arrangements with entities representing groups of small businesses for the provision of administrative services. Requires such insurers to reduce the premiums charged by an amount which reflects the value of such services. Directs the Secretary to provide technical assistance to employers, utilizing to the maximum extent feasible entities with experience in providing health insurance services to small businesses. Subtitle D: Regulations and Enforcement - Directs the Secretary to promulgate rules to carry out this title by specified deadlines. Provides for civil penalties for any nongovernmental employer who does not comply with certain provisions of this Act. Makes nongovernmental employers who knowingly fail to comply with certain provisions of this Act liable for damages, including health care costs incurred, to the employee or the employee's family. Allows any individual injured, adversely affected, or aggrieved by violation of certain requirements of this Act to bring an action for injunctive relief. Subtitle E: Small Business Subsidy - Directs the Secretary of Labor to provide for payment to a small employer, whose compliance cost exceeded a specified percentage of the employer's gross revenues, of 75 percent of such excess. Allows adjustments for industries for which the specified percentage is not an appropriate measure of the financial burden of providing the insurance. Title IV: Assuring Provision of Health Benefits to Under-Poverty, Near-Poverty, and Other Individuals - Amends the Public Health Service Act to create a new title on State-provided health care benefits for poor individuals. Requires each State to operate a health care benefits program under which the State: (1) must offer, starting in 1991, benefits to under-poverty individuals; (2) may offer, starting in 1991, and must offer, starting in 1996, benefits to near-poverty individuals; and (3) may offer, starting in 1996, and must offer, starting in 1999, benefits to all other individuals not covered under a health benefit plan under title III of this Act. Requires the benefits under the State benefits program to be the same as required of health benefit plans under such title plus coverage for items and services relating to early and periodic screening and diagnosis of children under the age of 21. Prohibits the benefits from including any other items or services. Prohibits the imposition of premiums, deductibles, copayments, or cost-sharing on under-poverty individuals. Allows such features, subject to limitations, for near-poverty and other covered individuals. Makes an individual who is enrolled in a health benefit plan under title III of this Act ineligible for benefits under a State benefits program, but requires or permits a State program to pay part or all of the premiums, deductibles, and other cost-sharing imposed by a title III plan on an individual who is under or near poverty. Allows a State to require an under-poverty or near-poverty individual who is eligible for but not required to be enrolled in a plan under title III to enroll in the plan, but only if the individual's premiums and out-of-pocket expenses will be no greater than if the individual had not been required to enroll. Requires the State to determine the eligibility of an individual within 30 days of application. Provides for enrollment periods and effective dates of coverage. Declares that an individual who is determined in a month to be eligible must remain eligible for not less than six months. Requires reimbursement to providers under each State benefits program to be at a level sufficient to achieve access to services covered by the program. Directs the Secretary of Health and Human Services to pay to a State the State's Federal health benefit assistance percentage, determined under a specified formula, for the cost of benefits under the State program. Directs the Secretary to provide for review of State programs to ensure that the programs meet the requirements of this title and provide quality health care. Requires the use of such clinical practice guidelines as the Secretary may develop in determining whether items and services are medically necessary. Prohibits a State from providing benefits through a plan that restricts the provider from whom an individual may obtain items and services unless the plan meets certain requirements. Requires each State to administer its benefits program, unless the State elects to have the Secretary do so and pays for such services. Title V: Effective Date for Titles I through III - Provides for the effective dates of titles I through III of this Act and transition rules for certain circumstances. Declares that no employer will be required under title III of this Act to provide any health benefit in addition to the benefits required to be provided by specified provisions of this Act unless: (1) such additional benefit is for a service which State Medicaid plans (under title XIX of the Social Security Act) are required to cover for certain individuals; and (2) before the enactment of such requirement, the benefits and costs of requiring the provision of such additional health benefit have been analyzed and considered by the Congress, according to certain procedures.
United States · United States Congress · 11 April 1989
Outer Space Protection Act of 1989 - Reaffirms U.S. policy that activities in space should be devoted to peaceful purposes to benefit mankind. Prohibits the use of funds by Federal agencies for: (1) the testing, production, or deployment of any weapon system designed to be based in outer space; (2) the testing of any weapon system to determine its capability to damage or destroy any object in outer space; or (3) the launch of any spacecraft that carries weapons capable of inflicting death or injury on people. Urges and requests the President to enter into bilateral negotiations with the Soviet Union concerning weapons systems in outer space. Specifies the purposes of such negotiations as: (1) prohibiting the testing, production, and deployment of all weapons based in outer space and the testing of all weapons against objects in outer space; (2) establishing limitations on technologies that could become weapons; (3) determining methods for monitoring compliance with such limitations and with mutually agreed upon prohibitions on weapons in outer space and the testing of antisatellite weapons; and (4) encouraging the effective utilization of the Standing Consultative Commission (established under the 1972 Anti-Ballistic Missile Treaty) to resolve disagreements and to develop limitations and verification procedures for new technologies. Urges and requests the President, in the event that such negotiations result in an agreement, to initiate discussions in the United Nations toward an international agreement to prohibit the testing, production, and deployment of all weapons in outer space and to prohibit the testing of all antisatellite weapons. Requires the Secretary of Defense to manage the long-term basic research on ballistic missile defense technologies so as to provide the United States with expanded options for responding to any future breakout by the Soviet Union from the 1972 Anti-Ballistic Missile Treaty. Specifies that nothing in this Act shall be construed to prohibit the obligation or expenditure of funds for non-weapon military operations in outer space. States that the provisions of this Act relating to bilateral negotiations with the Soviet Union and the prohibition on the use of funds for space weapons shall become inapplicable if the President certifies to the Congress that the Soviet Union: (1) has tested, produced, or deployed space weapons; or (2) has launched into orbit any spacecraft that carries a weapon capable of inflicting death or injury on people.
United States · United States Congress · 6 April 1989
Insurance Competition Improvement Act of 1989 - Amends the McCarran-Ferguson Act to limit the Federal antitrust exemption of the business of insurance to the following activities of the insurance industry, subject to specified conditions: (1) collection and dissemination of historical data on paid claims or reserves for reported claims; (2) preparation and filing of policy forms and endorsements; (3) conducting research and on-site inspections to prepare classifications of public fire defenses; (4) collection and dissemination of information regarding fraudulent claims and practices; and (5) participation in joint underwriting, pools, and residual market mechanisms that are approved or that do not unreasonably restrain trade. Authorizes States to require workers' compensation and employers' liability insurers to adhere to a uniform classification system and uniform rating plan, but prohibits such insurers from agreeing among themselves to use any rate.
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 (currently, 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 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
Amends the Coastal Zone Management Act to require, subject to exception, that each Federal agency activity that directly affects or may lead to effects on any land or water use or natural resource of the coastal zone to be carried out in a manner which, to the maximum extent practicable, is consistent with the approved State coastal zone management programs.
United States · United States Congress · 6 April 1989
Amends the Water Resources Research Act of 1984 to reauthorize the grant program for water resources research and technology institutes on a dollar-for-dollar matching basis for FY 1989 through 1993. Requires that such funds be used only for the reimbursement of direct cost expenditures incurred for the conduct of the water resources research program. Directs the Secretary of the Interior to conduct an evaluation of each institute every five years to determine if it qualifies for further support. (Currently the Secretary must make such determination every four years.) Extends the authorization of appropriations for the grant program from FY 1989 through 1993. Authorizes appropriations for FY 1989 through 1993 only for the reimbursement of the direct cost expenses of additional research by institutes which focuses on water problems and issues of a regional or interstate nature beyond those of concern only to a single State and which relates to specific program priorities identified jointly by the Secretary and the institutes. Requires such funds when appropriated to be matched on a not less than dollar-for-dollar basis by non-Federal sources. Extends the authorization of appropriations from FY 1989 through 1993 for the matching grant research program concerning any aspect of a water resource-related problem which the Secretary deems to be in the national interest. Authorizes appropriations to extend the technology grant program from FY 1989 through 1993. Requires rules and regulations issued prior to the date of enactment of the Water Resources Research Act of 1984 to remain in effect until superseded by new rules and regulations promulgated under this Act.
United States · United States Congress · 6 April 1989
Expresses the Senate's confidence, hope, and trust for those who will serve in the Senate during its third century.
United States · United States Congress · 5 April 1989
First Home Act - Directs the Secretary of Housing and Urban Development to establish a program of first-time homebuyer downpayment savings accounts based on periodic payment schedules. Guarantees the difference, if any, between the actual downpayment and the amount in the downpayment account upon the homebuyer's completion of the savings account's terms. Amends Federal law to establish downpayment savings accounts in the Treasury. Amends the Internal Revenue Code to exclude from gross income any interest from downpayment savings accounts.