United States · United States Congress · 16 May 1989
Condemns General Manuel Noriega's actions with respect to the May 7th Panamanian election, the violent attack on Guillermo Endara and others by armed thugs acting on Noriega's behalf, and the expulsion of nine international journalists. Calls on General Noriega and the Panamanian Defense Forces to: (1) honor the election by recognizing Guillermo Endara as the victorious presidential candidate; and (2) respect the internationally recognized human rights of the Panamanian people. Calls on the world community of democratic nations to rebuke General Noriega's actions. Calls on the President to consult with the Western Hemisphere democracies in developing a common effort to urge the General to honor the election results. Supports the President's policy steps as an appropriate response to the Panamanian crisis. Expresses Congress' desire to work with the President to determine U.S. foreign policy in Panama.
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. Loosens 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 rather than monthly basis. Increases the credit in connection with buildings in high cost areas (low-income census tracts or difficult development areas).
United States · United States Congress · 10 May 1989
Amends the Foreign Assistance Act of 1961 to authorize appropriations for FY 1990 and 1991 for health and child survival programs in developing countries.
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 Communications 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 · 3 May 1989
Designates the Labor Day weekend beginning on September 2, 1989, as National Drive for Life Weekend. Calls on people to observe that weekend with a pledge to not drink and drive.
United States · United States Congress · 2 May 1989
National Voter Registration Act of 1989 - Requires each State to establish procedures with respect to elections for Federal office to permit voter registration by: (1) application in person simultaneously with application for a motor vehicle driver's license; (2) mail application; and (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 elections for Federal office. Requires each State to establish a uniform and nondiscriminatory program to confirm the registration of voters in such State. States that challenges to the qualifications of an individual to vote in an election for Federal office may be made on the day of the election only as provided by State law. Provides for individuals with and without documentary proof of qualification to vote. Sets forth a special procedure to enable an individual to vote when his registration to vote cannot be verified. Requires each State to: (1) assure that any eligible applicant who submits his or her application 30 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; (3) provide that the name of a voter may not be removed from the official list of eligible voters for failure to vote or any other reason except death, criminal conviction, mental incapacity, change in residence, or voter request; and (4) inform those who register pursuant to this Act of voter eligibility requirements and penalties provided by law for submission of a false voter registration application. Requires the Federal Election Commission to report on the impact of this Act on the administration of elections for Federal office. 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. Provides for the awarding of attorney fees to the prevailing party, other than the United States. Imposes criminal penalties upon any person who: (1) intimidates, threatens, or coerces any person for registering or voting or exercising any right under this Act; or (2) deprives or defrauds the inhabitants of a State of a fair and impartially conducted election process. Authorizes appropriations necessary to carry out this Act.
United States · United States Congress · 2 May 1989
Child Welfare and Foster Care Amendments of 1989 - Title I: Provisions Relating to Older Children in Foster Care Independent Living Program - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to authorize States to continue foster care payments for children under age 21 who are participating in an independent living program but have exceeded the age limit (age 18 or, for full-time secondary school students, 19) for such payments. Extends, indefinitely, Federal funding for State programs to assist children who have attained age 16 in making the transition from foster care to independent living. Title II: Health Care Plans for Foster Care Children - Requires that: (1) the written case plan developed for each foster care child include a health care record and plan for each child indicating how the child's health care needs have been and are being met; and (2) foster care children who are under a State's responsibility and not covered under title XIX (Medicaid) of the Act receive comprehensive health assessments comparable to those required under the Medicaid early and periodic screening, diagnosis, and treatment program. Reimburses States for a percentage of assessment costs equal to the Medicaid Federal assistance percentage. Directs the Secretary of Health and Human Services to: (1) develop and disseminate foster children health care standards; and (2) provide technical assistance to foster care agencies and providers to ensure the development and management of health care plans and records for foster children and the adequate provision of health care assessments and services to such children. Title III: Training and Compensation of Foster Care Parents, Staff, and Providers - Directs States to require foster parents and staff members of child-care institutions to satisfactorily participate in training designed to familiarize them with the special needs and problems of foster children. Requires States to develop specific training and retraining requirements and provide free child care services to foster parents who are receiving such training. Covers 75 percent of State costs of providing such training and child care. Requires that in conducting periodic reviews of foster care payment amounts States give full consideration to increases in the cost of providing foster care and the costs relating to the care of children with extraordinary physical or mental health care needs. Directs the Secretary to periodically (at least biennially) collect information on each State's level of foster care payments and distribute such information to all States. Title IV: Increase in Authorization for Child Welfare Services under Title IV - B of the Social Security Act and Extension of Transfer of Funds Provisions - Amends part B (Child Welfare Services) of title IV of the Act to increase authorized appropriations under such program. Amends the Foster Care and Adoption Assistance program to extend through FY 1991: (1) the ceiling on Federal payments to States for foster care expenditures; and (2) the authority for States to use such payments to cover expenditures under part B (Child Welfare Services) of title IV of the Act. (Currently, such ceiling and authorization runs through FY 1989.) Title V: Effective Date - Makes this Act's amendments effective on October 1, 1989, unless otherwise specified.
United States · United States Congress · 2 May 1989
Prohibits the U.S. Government from giving its approval to the manufacturing license agreement involving the export of technology relating to the design, development, and production of the FSX aircraft in Japan.
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
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 extend the targeted jobs income tax credit through 1992 (under current law the credit will expire after December 31, 1989). Amends the Economic Recovery Tax Act of 1981 to authorize appropriations through FY 1992 in connection with the targeted jobs credit. Raises from 23 to 25 years the age limitation with respect to economically disadvantaged youth targeted for credit purposes. Adds as a targeted group under the credit economically disadvantaged individuals who have completed a qualified drug rehabilitation program.
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
Amends accounting provisions of the Internal Revenue Code to permit licensed used automobile dealers to use the installment method in connection with retail sales of any automobile that is more than three years old at the time of the sale if: (1) the sales price is $6,000 or less; and (2) the installment obligation arises solely from the sale in question and has a term of 36 months or less.
United States · United States Congress · 18 April 1989
Live Performing Arts Labor Relations Amendments - Amends the National Labor Relations Act to exclude specified types of employers and performers in the live performing arts from coverage under unfair labor practice provisions: (1) prohibiting specified contracts or agreements between employers and labor organizations; and (2) prohibiting specified actions of labor organizations to force or require cessation of dealings with others, joining of labor or employer organizations, or recognition of or negotiation with labor organizations not certified as representative. Permits such employers to: (1) agree with a labor organization to make membership in it a condition of performing arts employment; and (2) make agreements with a labor organization covering performing artists even if its majority status has not yet been established. Defines "employer" to include purchasers of live musical performance services. Defines "employee" to include independent contractors engaged to perform live musical services.
United States · United States Congress · 18 April 1989
Employee Educational Assistance Act of 1989 - Repeals provisions of the Internal Revenue Code that: (1) terminated the income tax exclusion of amounts paid under employee educational assistance programs as of tax year 1989; and (2) deny benefits in connection with graduate work.
United States · United States Congress · 13 April 1989
Prohibits U.S. military or security assistance to Zaire under the Arms Export Control Act or the Foreign Assistance Act of 1961. Limits U.S. economic assistance to Zaire under the Foreign Assistance Act of 1961 and the Agricultural Trade Development and Assistance Act of 1954 to assistance that benefits the majority, is for humanitarian purposes, and is channeled through private and voluntary organizations. Authorizes the President to suspend or modify any prohibition or limitation under this Act 30 days after the President determines, and notifies specified congressional committees, that the Government of Zaire has made progress towards fulfilling certain human and political rights. Requires the U.S. representatives to international financial institutions to raise the issues of human rights violations and misuse of funds in Zaire.
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 · 12 April 1989
Amends the Foreign Assistance Act of 1961 to exempt from the embargo on trade with Cuba the export of medicines or medical supplies, instruments, or equipment. Sets forth limitations on the President's authority to restrict the exportation of such medicines and supplies to Cuba.
United States · United States Congress · 12 April 1989
Older Americans Child Care Employment Amendments of 1989 - Amends the Older Americans Community Service Employment Act to require the Secretary of Labor to enter into agreements with public or private nonprofit agencies or organizations for the conduct of no more than 100 experimental projects employing individuals who are age 55 or older in providing day care to children. Requires that such agencies or organizations: (1) receive one-third of their funding from non-Federal sources; (2) charge families a day care fee which is proportional to their financial resources; (3) provide day care in facilities other than private residences; and (4) be subject to the most comprehensive State licensing requirements or regulatory standards applicable to similar day care providers in the State. Prohibits the making of grants pursuant to this Act to more than two agencies or organizations in each State in any fiscal year. Authorizes appropriations for such projects.
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
Free Trade in Ideas Act of 1989 - Amends the International Emergency Economic Powers Act and the Trading With the Enemy Act to declare that the authority granted the President under such Acts does not include the authority to regulate or prohibit: (1) any transactions ordinarily incident to travel to and from any country; (2) any transactions ordinarily incident to travel and maintenance within any country; (3) any transactions incident to the arrangement, promotion, or facilitation of travel to, from, or within a country; (4) any transactions incident to nonscheduled flights or voyages to and from any country; (5) normal banking transactions incident to travel to and from any country; or (6) the importation or exportation of publications or other informational materials from any country. Authorizes the President to regulate or prohibit such transactions incident to travel whenever a U.S. citizen's passport has been duly restricted for travel. Prohibits denying, revoking, or limiting a passport because of any speech, activity, belief, affiliation, or membership which, if held or conducted within the United States, would be protected by the first amendment. Provides that Federal agencies, in carrying out a specified agreement on educational, scientific, and cultural exchanges (the Beirut Agreement of 1948), may not consider visual or auditory material as failing to qualify as international educational material simply because: (1) it advocates a particular viewpoint; (2) it might lend itself to misrepresentation; (3) it is not representative, authentic, and accurate, unless the material contains widespread and gross misstatements of fact; or (4) it does not augment international understanding and goodwill.
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 · 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
National Guardianship Rights Act of 1989 - Grants the following rights to allegedly incapacitated individuals with respect to guardianship proceedings: (1) the nonwaivable right of prompt notice that includes specified required contents; (2) the right to a convenient forum; (3) the right to be present at all proceedings, unless disability prevents attendance; (4) the right to counsel; and (5) the right to an independent professional guardianship evaluation team of specified membership to examine the individual, report, and be available for cross examination during the guardianship proceedings. Requires dismissal of the guardianship action if the team determines the individual to be free of any incapacity. Grants the right to a jury in a guardianship proceeding, as well as the right to present evidence, call witnesses, and cross examine. Requires clear and convincing evidence that an individual is incapacitated and that no less restrictive form of intervention is available before a guardianship order may be issued. Discounts age as a basis for determining incapacity. Limits both the scope and duration of transfers of responsibility for the care and protection of an incapacitated person or the management of his or her estate to the minimum necessitated by the particular incapacity. Permits the individual to retain all rights not expressly transferred in the guardianship order. Dissolves the order if its justification ceases to exist. Grants to an incapacitated individual the right to a competent and trained guardian. Prohibits convicted felons from serving as guardians. Permits the right of appeal and the right to a prompt reconsideration of the determination of incapacity, the guardianship order, or the choice of guardian. Requires: (1) guardians to report to the court at least annually on the financial, mental, physical, and personal status of the incapacitated person; and (2) courts to investigate at least annually the well-being of persons protected under their guardianship orders. Directs States to submit to the Attorney General implementation plans indicating compliance with this Act. Describes procedures and timetables associated with these plans, including mandatory sanctions for States that fail to comply. Empowers the Attorney General to make grants to the States to enable compliance with this Act. Enumerates permitted grant uses. Describes application and selection procedures. Authorizes appropriations. Permits States to impose additional or more extensive protections that do not conflict with this Act.
United States · United States Congress · 5 April 1989
Amends the Federal Food, Drug, and Cosmetic Act to state that a food intended for human consumption shall be deemed misbranded unless it is labeled to show the amount of sodium and potassium it contains when in excess of a certain number of milligrams. Permits the Secretary of Health and Human Services to exempt a food from such requirement by requiring the information to be prominently displayed near its place of display or sale. Exempts from such labeling requirements any manufacturer of such foods whose total annual sales are less than a specified amount.
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
Declares that: (1) it is the sense of the House of Representatives that child survival and development programs are to be commended; (2) the House of Representatives reaffirms its goal of improvement of the survival rates, health, and development of people in all countries and urges the President to adopt this as a major priority; (3) the President is urged to propose to the Secretary General of the United Nations that he establish an independent advisory commission with regard to programs in primary health care, nutrition, basic education, and environment by members of the Grand Alliance for Children; and (4) the House of Representatives endorses the call for a World Summit on Children as an opportunity to attain specified goals, including the goals of Universal Childhood Immunization by 1990 and Health for All by the year 2000.
United States · United States Congress · 4 April 1989
Employee Pension Protection Act of 1989 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to revise fiduciary standards applicable to pension plan assets to account for duties with respect to assets of terminated plans. Establishes fiduciary standards to apply to employer reversions upon plan termination, requiring an employer to establish and maintain a complete replacement plan or a substantial replacement plan in connection with the termination. Prescribes requirements to govern both types of plans. Links the establishment of either of these new plans to the amount of any employer reversion, requiring the new plans to have assets sufficient to pay all liabilities to participants and their beneficiaries. Considers any plan fiduciary or sponsor to be jointly and severally liable for violation of ERISA if requirements regarding complete replacement or substantial replacement plans upon plan termination are not met at any time during the five-year period beginning on the date of final distribution of assets from the terminated plan. Describes fiduciary duties to govern the distribution of plan assets to participants and beneficiaries upon plan termination in cases when the employer does not set up a replacement or substantial replacement plan. Institutes fiduciary duties with respect to distributions of plan assets upon termination in direct trustee-to-trustee transfers to individual retirement plans. Directs the Secretary of Labor to prescribe reporting requirements in connection with these transfers.
United States · United States Congress · 3 April 1989
Armed Felon Prohibition Act of 1989 - Amends the Federal criminal code to prohibit any licensed dealer from transferring a handgun to an unlicensed individual without being presented with a valid: (1) permit issued by the chief law enforcement officer of such individual's place of residence; and (2) identification used to obtain such permit. Sets requirements for the issuance of such permits, including: (1) a background check by the Federal Bureau of Investigation (FBI); (2) a seven-day waiting period before a handgun may be transferred by the dealer to the individual if the FBI has notified such officer that such individual does not fall within a specified category of individuals (including fugitives, unlawful drug users, or addicts); and (3) a 30-day waiting period where the FBI has not so notified such officer. Requires the destruction of information obtained from an individual applying for a permit after 60 days if no information has been obtained that such transfer would violate Federal, State, or local law. Subordinates this Act to more restrictive State law provisions.
United States · United States Congress · 3 April 1989
Designates the week of October 22 through October 29, 1989, as Drug-Free America Week. Encourages every American to wear red during such week to symbolize a commitment to a drug-free lifestyle.
United States · United States Congress · 23 March 1989
Copyright Fees and Technical Amendments Act of 1989 - Amends Federal copyright law to increase the copyright fees. Prescribes guidelines under which the Register of Copyrights is authorized to increase the fees.
United States · United States Congress · 23 March 1989
Amends the Education of the Handicapped Act to authorize the Secretary of Education to make a grant to each of ten eligible State and local educational agencies and private educational institutions for demonstration programs addressing the educational needs of elementary and secondary school students with dyslexia. Authorizes appropriations for FY 1990 and thereafter.
United States · United States Congress · 23 March 1989
Neighborhood Housing Services Act of 1989 - Amends the Neighborhood Reinvestment Corporation Act to authorize FY 1990 through 1994 appropriations for the Neighborhood Reinvestment Corporation. States that appropriations in excess of amounts necessary for existing Corporation services shall be available to: (1) expand the national neighborhood housing services network; (2) expand the Neighborhood Housing Services of America's loan purchase capacity; (3) make grants for incentives to extend low-income housing use; (4) increase purchases of Department of Housing and Urban Development multi-family properties; and (5) provide assistance to mutual housing associations to ensure housing affordability for low and moderate income families.
United States · United States Congress · 23 March 1989
Amends the Federal criminal code to require applications for a license to deal in firearms or ammunition to include a statement from certain law enforcement authorities that the applicant is eligible under State law to obtain such a license.
United States · United States Congress · 23 March 1989
Fair Election Act - Prohibits States from using any device to abridge or deny the right of an individual to be placed on, or to have such individual's political affiliation placed on, a ballot or similar voting materials in a Federal election. Allows States to impose specified prerequisites regarding petitions for placement on ballots. Allows States to waive such requirements for candidates or political affiliates which receive certain amounts of votes in the most recent election for President or the Senate.
![Official portrait of Rep. Crockett, George W., Jr. [D-MI-13]](https://www.congress.gov/img/member/c000919_200.jpg)