United States · United States Congress · 28 June 1989
Community Enterprise Revitalization Act of 1989 - Amends the Housing and Community Development Act of 1974 with respect to the section 108 community development loan guarantee program to: (1) permit States to pledge grants as security for nonentitlement area local government obligations; (2) define "eligible public entity" to include units of general local government or Indian tribes; (3) permit guarantees for new construction loans; (4) permit repayment periods of up to 20 years; (5) authorize FY 1990 through 1992 credit limits; (6) increase maximum issuer loan guarantees; (7) allocate 70 percent of guarantees for metropolitan cities and urban counties, and 30 percent for nonentitlement area local governments and Indian tribes; (8) set annual guarantee limits for a metropolitan city or an urban county at $25,000,000, and for other entities at $5,000,000; (9) provide loan guarantee priority for projects in Federal or State enterprise zones; and (10) provide training and information activities.
United States · United States Congress · 28 June 1989
Declares it is U.S. policy to provide a national air transportation system which: (1) enhances the general welfare and security of the United States; and (2) is free of regulations which unreasonably burden or restrict the right of citizens to travel by air. Requires the President to submit to the Congress a plan for a new comprehensive national aviation policy.
United States · United States Congress · 27 June 1989
Christopher Columbus Coin and Fellowship Act - Title I: Christopher Columbus Quincentenary Coins - Christopher Columbus Quincentenary Coin Act - Directs the Secretary of the Treasury to mint and issue not more than a specified number of five dollar gold coins, one dollar silver coins, and half dollar clad coins emblematic of the quincentary of the discovery of America. Sets forth certain features of such coins and provides for their design, issuance, and sale. Terminates the minting of such coins after June 30, 1993. Requires the Secretary to deposit surcharges from the sale of such coins in the Christopher Columbus Fellowship Fund for use by the Christopher Columbus Fellowship Foundation. Declares that no law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out this Act, except that this provision shall not relieve any person from complying with any law relating to equal employment opportunity. Title II: Christopher Columbus Fellowship Foundation - Christopher Columbus Fellowship Act - Establishes the Christopher Columbus Fellowship Foundation to award fellowships to outstanding individuals to encourage new discoveries in all fields of endeavor for the benefit of mankind. Establishes the Christopher Columbus Fellowship Fund. Directs the Foundation to report to the President and to the Congress annually on its operations.
United States · United States Congress · 27 June 1989
Expresses the sense of the House of Representatives that individuals throughout the United States should observe Independence Day, July 4, 1989, as Take Pride in the Flag Day to celebrate the 213th anniversary of the signing of the Declaration of Independence and the 201st anniversary of the ratification of the U.S. Constitution.
United States · United States Congress · 27 June 1989
Expresses the sense of the House of Representatives with respect to its concern over the Supreme Court's decision in Texas v. Johnson and its commitment to preserving the honor and integrity of the flag. Condemns all actions intended to desecrate the flag. Urges the American people to continue to display proudly the U.S. flag.
United States · United States Congress · 22 June 1989
Amends the Surface Mining Control and Reclamation Act of 1977 to direct the Secretary of the Interior, acting through the Office of Surface Mining Reclamation and Enforcement, to administer programs promoting the reclamation of abandoned mine lands by active surface coal mining operators. Authorizes the Secretary waive or reduce the surface coal mining reclamation fee with respect to coal produced under certain reclamation agreements. Authorizes the Secretary (and certain States) to enter into reclamation agreements with respect to unreclaimed mined lands and lands adversely affected by mining. Cites conditions under which a reclamation agreement may authorize the use of excess spoil from active surface coal mining operations. Authorizes the Secretary to: (1) develop a reclamation bond credit program to compensate operators for up to 80 percent of the costs of reclamation activities; (2) establish a decision-making process as to which lands adversely affected by past coal mining can be designated abandoned mine land recovery zones suitable for reclamation and remining by surface coal mining activities; (3) make matching funds available upon request to States and Indian tribes to collect geologic and hydrologic data for regions adversely affected by coal mining abuses; and (4) use certain funds allocated from reclamation fees to establish and administer reclamation bond pool programs promoting remining and reclamation of areas adversely affected by coal mining. Directs the Secretary to promulgate regulations establishing requirements for coal waste removal and site reclamation. Applies the alternative energy fuel provisions of the Energy Security Act to the use of coal waste materials as an alternative energy fuel and primary energy source to the same extent that such provisions apply to geothermal small power production facilities.
United States · United States Congress · 22 June 1989
Constitutional Amendment - Declares that: (1) the misuse or desecration of the symbol, emblem, seal, or flag of the United States or of the several States is not protected speech under the First Amendment to the U.S. Constitution; and (2) the Congress and the legislatures of the several States shall have power to enforce the Article proposed by this Joint Resolution.
United States · United States Congress · 21 June 1989
Emergency Chinese Adjustment of Status Facilitation Act of 1989 - Waives the two-year home country residence requirement for nationals of the People's Republic of China in the United States on a student (J) visa. Continues the legal status of nonimmigrant nationals of the People's Republic of China in the United States for adjustment or change of status purposes.
United States · United States Congress · 21 June 1989
Forest Users' Protection Act of 1989 - Amends the Federal criminal code to provide criminal penalties for cutting, spiking, injuring, or destroying any tree on land owned or held in trust by the Government. Provides increased penalties for subsequent violations or when a personal injury or property damage exceeding $500 results. Directs the Secretary of the Treasury to pay a reward to any individual who provides information which leads to the finding of a civil violation or a criminal conviction under this Act.
United States · United States Congress · 21 June 1989
Product Liability Reform Act of 1989 - Declares that this Act governs any product liability action brought in any State or Federal court against a manufacturer or product seller, on any theory, for harm. States that a civil action brought against a manufacturer or product seller for commercial loss shall be governed by applicable commercial or contract law. Supersedes any inconsistent State law regarding recovery in such actions. Lists specific laws not superseded, including: (1) defense of sovereign immunity asserted by any State or by the United States; (2) any Federal law (except the Federal Employees Compensation Act and the Longshore and Harbor Workers' Compensation Act); (3) the Foreign Sovereign Immunities Act of 1976; (4) State choice-of-law rules; (5) the right of any court to transfer venue or to apply the law of a foreign nation or to dismiss a claim of a foreign nation or citizen on the ground of inconvenient forum; and (6) any statutory or common law cause of action which is not an action for harm caused by a product or an action to abate a nuisance and which is for civil damages or civil penalties, clean up costs, injunctions, restitution, cost recovery, punitive damages, or any other form of relief from contamination or pollution of the environment or the threat of it. Makes this Act (except provisions relating to workers' compensation offset) inapplicable to any product liability action brought in State or Federal court, on any theory, for harm caused by asbestos or asbestos products. Provides that, with respect to civil actions brought for vaccine-related injury or death, if specified provisions of the Public Health Service Act (PHSA) take effect and establish a Federal rule of law or defense applicable to such actions, then this Act does not affect the application of such rule of law or defense and any conflicting rule or defense prescribed by this Act shall not apply to such an action. Provides that if there is an aspect of such an action for which a PHSA rule or defense does not apply, then this Act or otherwise applicable law will apply to such aspect. Establishes a standard of manufacturer liability in product liability actions for proximate causes of harm, established by a preponderance of the evidence, which fall under the categories of: (1) negligence; (2) strict product liability; or (3) intentional wrongdoing. Provides that negligence shall be in terms of a manufacturer's failure to act as a reasonably prudent person would with respect to product design, construction, warnings, or instructions. Provides that strict liability shall be with respect to a product's being in an unreasonably dangerous defective condition in: (1) deviation from standards; (2) nonconformance with an express warranty; (3) failure to contain adequate warnings or instructions; or (4) design (in which case State law governs with respect to establishment of a prima facie case). Provides that a manufacturer's intentional wrongdoing shall be determined under applicable State law. Sets forth a defense to manufacturer liability based on a product's inherent characteristics. Provides that a product shall not be considered to be in an unreasonably dangerous defective condition if the product aspect which allegedly caused the harm cannot be made safe and is not dangerous to an extent beyond that which would be contemplated by the ordinary person who uses or consumes the product with the knowledge common to the community as to its characteristics. Provides that such defense does not limit a manufacturer's liability solely because the risk of harm is patent, open, or obvious. Provides that a manufacturer shall not be relieved of liability on the grounds that the product that allegedly caused the harm was unavoidably unsafe, unless the product is a drug or medical device. Provides that in product liability actions involving an improperly designed and unavoidably unsafe drug or medical device, the manufacturer's liability shall be determined under State law (and the state-of-the-art defense under this Act shall not apply). Sets forth a state-of-the-art defense. Provides that the manufacturer shall not be liable for the design of the product if the manufacturer establishes by a preponderance of the evidence that at the time the product left its control: (1) the manufacturer did not and could not know that the product was in an unreasonably dangerous defective condition because of its design in light of knowledge reasonably available to experts; or (2) there was not a feasible alternative design that would have prevented the harm without substantially impairing the reasonably anticipated or intended function of the product (considering specified factors). Makes the state-of-the-art defense inapplicable if the court finds, on its own or on a party's motion, that a claimant has established by a preponderance of the evidence that the product is so unsafe compared to its usefulness that it should not have been marketed. Sets forth standards for product warnings and instructions. Provides that a product is in an unreasonably dangerous defective condition because it failed to contain adequate warnings and instructions if reasonably prudent, adequate warnings or instructions, in the light of knowledge reasonably available to experts, on the aspect (including a design aspect) which caused the harm: (1) did not accompany the product at the time it left the manufacturer's control; or (2) were not given on a timely basis by the manufacturer before the harm. Requires that specified factors be considered. Establishes, in addition to the general standard of manufacturer's liability, a presumption of liability applicable to manufacturers of fire fighting equipment or protective clothing for harm suffered by any fire fighter performing interior structural firefighting if: (1) the harm was the result of the use of such equipment or clothing which left the manufacturer's control after the enactment of this Act; and (2) the equipment or clothing did not comply with the OSHA (Occupational Safety and Health Act) fire brigade occupational safety and health standards or a more stringent State standard. Establishes a standard of product seller liability in product liability actions for proximate causes of harm, established by a preponderance of the evidence, which fall under the categories of: (1) negligence; (2) express warranty; or (3) intentional wrongdoing. Provides that such negligence shall be in terms of a product seller's failure to exercise reasonable care with respect to the product. Provides that it shall not be such a failure based on an alleged failure to inspect a product where there was no reasonable opportunity to inspect it in a manner which would or should, in the exercise of reasonable care, have revealed the aspect which allegedly caused the harm. Provides that such product seller's express warranty must be independent of any express warranty of the manufacturer. Provides that a product seller's intentional wrongdoing shall be determined under applicable State law. Establishes an additional product seller liability as a manufacturer. Makes the product seller liable as if it were the manufacturer if: (1) the manufacturer is not subject to service of process under the laws of the State in which the claimant brings the action; or (2) the court determines that the claimant would be unable to enforce a judgment against the manufacturer. Sets forth a defense based on a claimant's being, as a result of the influence of intoxicating alcohol or any non-over-the-counter drug which has not been prescribed for the claimant by a physician, more than 50 percent at fault for the harm. Reduces the manufacturer's or product seller's liability for damages by the percentage of responsibility for the harm attributable to misuse or alteration of a product. Allows punitive damages to be awarded, to the extent provided by applicable State law, if the claimant establishes by clear and convincing evidence that the manufacturer or product seller engaged in conduct giving rise to punitive damages under applicable State law, with the following exception. Provides that a failure to exercise reasonable care in selecting among alternative product designs, formulations, instructions, or warnings shall not, by itself, constitute conduct that may give rise to punitive damages. Requires separate proceedings for punitive damages if such separate proceedings are requested by the defendant. Makes evidence in such separate proceedings which is relevant only to the claim of punitive damages inadmissible in any proceeding for compensatory damages. Directs the trier of fact, in determining the amount of punitive damages, to consider all relevant evidence, including specified factors. Prohibits punitive damages against a manufacturer of a drug or medical device unless the claimant establishes by clear and convincing evidence that the manufacturer or product seller engaged in conduct giving rise to punitive damages under applicable State law and unless the manufacturer engaged in: (1) intentional and wrongful withholding or misrepresentation of information, material and relevant to the harm, which either was required to be submitted before the approval of the drug or device or was related to the safety and efficacy of the drug or device after its approval, under the Federal Food, Drug, and Cosmetic Act (FFDCA) or the Public Health Service Act; or (2) a violation of the FFDCA which was material and relevant to the harm and was committed with the intent to defraud or mislead, as determined by the court and proven by clear and convincing evidence. Prohibits punitive damages against a drug manufacturer where the harm is alleged to relate to the adequacy of the packaging or labeling of a drug required to have tamper-resistant packaging (and related labeling), unless the drug is found by clear and convincing evidence to be substantially out of compliance with Federal regulations. Makes findings with respect to punitive damages relating to drugs and medical devices inadmissible in any criminal proceeding. Requires that civil actions subject to this Act be brought within two years from the time the individual discovered or should have discovered the harm and its cause, with the following exception. Bars actions for harm caused by a product which is a capital good unless the complaint is served and filed within 25 years of the date of delivery of the product to its first purchaser or lessee who was not engaged in the business of selling or leasing it or using it as a component in the manufacture of another product. Applies this capital goods rule only if: (1) the court determines that the claimant has received or would be eligible to receive State or Federal workers' compensation for the harm; and (2) the harm did not include chronic illness. Reduces any damages awarded under this Act by the amount paid in workers' compensation benefits which the claimant-employee is or would be entitled to receive. Provides for such reduction only where the employer or the employer's workers' compensation insurance carrier does not have a lien against the claimant's recovery in a product liability action against a claimant or product seller. Provides that determinations under this Act of workers' compensation benefits shall have no binding effect on, and shall not be used as evidence in, any other proceeding. Allows the claimant to stay product liability actions under this Act until the workers' compensation benefits have been determined. Provides that the employer and its insurance carrier shall have no right of subrogation, contribution, or implied indemnity against an award made under this Act, unless the employer establishes, and the trier of fact determines, that the harm was not caused in any way by fault of the employer or a co-employee. Prohibits any third-party tortfeasor from maintaining any action for implied indemnity or contributions against the employer, any co-employee, or the exclusive representative of the injured party. Provides that nothing in this Act shall affect any provision of State or Federal workers' compensation law which: (1) prohibits a person who is or would have been entitled to receive compensation under such law, or any derivative claim, from recovering in any other action against an employer, employer's insurer, co-employee, or exclusive representative; or (2) permits recovery based on an intentional tort by the employer or co-employee. Declares that this Act's restrictions on third-party claim tortfeasors shall not apply and applicable State law shall control if the employer or its insurer, in a product liability action subject to this Act, asserts or attempts to assert, because of provisions relating to its lack of fault under this Act, a right of subrogation, contribution, or implied indemnity against the manufacturer or product seller or a lien against the claimant's recovery from them. Sets forth standards, procedures, and sanctions relating to frivolous pleadings under this Act. Provides for the availability of information under this Act. Provides that U.S. district courts shall not have jurisdiction over any civil action arising under this Act. Requires the court in which any action is brought under this Act, upon the application of any party to the action, to refer the action to mediation, unless the court determines that the action involves novel or unsettled issues of law or is otherwise unsuitable for mediation. Allows the court to impose fees to cover the costs of the mediation. Makes mediation statements, briefs, and summaries inadmissable in any court or any other evidentiary proceeding. Requires the evaluation by the mediation panel to include a separate award for each claim, crossclaim, counterclaim, or third-party claim. Requires each party to file an acceptance or rejection of the panel's award, with special procedures for multiple parties. Requires that the action proceed to trial with respect to any claim for which any party rejects the mediation award. Makes the findings, evaluations, and awards of the panel and the parties' acceptance or rejection inadmissable at trial. Requires the rejecting party to pay the opposing party's costs, upon request, unless the verdict is more favorable to the rejecting party than the mediation award. Requires each State Attorney General and the Administrative Office of the U.S. Courts to report to the Attorney General, and the Attorney General to report to the Congress regarding implementation of the mediation provisions of this Act. Sets forth definitions under this Act. Excludes commercial loss from the definition of harm. Defines harm as any of the following caused by a product: (1) personal physical illness, injury, or death; (2) mental anguish or emotional harm caused by or causing personal physical illness or injury; or (3) physical damage to property other than the product itself. Directs the Secretary of Commerce (the Secretary) to report to the Congress on the effect of the implementation of this Act upon the cost and availability of product liability insurance. Sets forth requirements relating to the information on which such report is based. Requires such a report annually for ten years, after which the Secretary shall report on the costs and benefits of continuing such reports and continue them only if so requested by a majority of specified congressional committees. Directs the Secretary to report to the Congress on what information is needed to enable the Congress to measure the effect of product liability reforms on product liability actions. Requires consultation with specified entities in making such report. Requires specified information to be included in such report. Requires the report to be submitted within 18 months after the enactment of this Act. Directs the Secretary to report to the Congress on the effect of this Act upon product liability actions, product manufacturers, and product sellers (including small businesses), claimants, and Federal and State courts. Requires such report to assess specified factors. Requires such a report to be made biennially five times, after which the Secretary shall report on the costs and benefits of continuing such reports and continue them only if so requested by a majority of specified congressional committees. Directs the Secretary, upon determining that sufficient data does not exist to measure the effect of product liability reform on litigation, to report on what information is needed to enable the Congress to measure the effect of product liability reforms on product liability actions. Requires consultation with specified entities in making such report. Requires specified information to be included in such report. Requires the report to be submitted within 18 months after enactment of this Act. Declares that this Act shall not apply to any product liability cause of action arising from the use of a product before the date of enactment of this Act against a person who is a debtor in a case commenced on a specified date under bankruptcy provisions of Federal law.
United States · United States Congress · 21 June 1989
Expresses the concern of the House of Representatives regarding the future security of the Panama Canal. Calls on the President to renegotiate the Panama Canal Treaties to permit: (1) the permanent stationing of U.S. forces in Panama; and (2) the United States to act independently to maintain the security of the Canal and to guarantee its regular operation.
United States · United States Congress · 19 June 1989
Food Contamination Prevention Act - Amends the Hazardous Materials Transportation Act to direct the Secretary of Transportation to promulgate regulations to prohibit the transportation in commerce of hazardous materials or solid waste in any motor vehicle which is also used to transport any food, food additive, drug, cosmetic, or device, or any package containing such items.
United States · United States Congress · 15 June 1989
Census Equity Act - Requires the Secretary of Commerce to ensure that during any decennial census: (1) no member of the armed forces, civilian employee of the Department of Defense, or dependent of such member or employee, is excluded based on such member or employee being assigned to a post outside the United States; and (2) any alien not lawfully admitted for permanent residence is not included.
United States · United States Congress · 15 June 1989
Drug Utilization Review Act of 1989 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to require the establishment of a Drug Utilization Review System (System) providing participating pharmacies, pharmacists, and dispensing physicians with prompt 24-hour electronic access to a medication profile for each Medicare beneficiary for whom they prescribe a covered outpatient drug. Requires that such system identify potential adverse drug reactions that may result from: (1) the interaction of the prescribed drug with other drugs being used by the beneficiary and with a known allergy, physical condition or illness presented by the beneficiary; and (2) misuse of the prescribed drug. Requires that participating pharmacies, pharmacists and dispensing physicians having access to the System agree that: (1) no beneficiary will be required to disclose medication profile information as a condition of receiving benefits; (2) the beneficiary's medication profile will not be accessed without the beneficiary's specific and voluntary authorization; (3) data acquired will not be disclosed to anyone other than the beneficiary, except when consultations between those involved in the beneficiary's health care are medically necessary; and (4) each beneficiary shall receive written notice of such requirements. Penalizes, by fine and/or imprisonment, those guilty of the unauthorized disclosure of medication profile information. Authorizes appropriations. Directs the Secretary of Health and Human Services to conduct a study and report to the Congress by October 1, 1992, on the efficacy of expanding the System to include all Medicare-eligible outpatients who are inpatients and information on over-the-counter drugs and biologicals.
United States · United States Congress · 15 June 1989
Federal Budget Structure Act of 1989 - Amends Federal law to require that the budget the President submits to the Congress be a unified budget comprising an operating budget and a capital budget, each presented separately for total funds, Federal funds, and trust funds. Restricts the capital budget to the major activities, projects, and programs supporting the acquisition, construction, alteration, and rehabilitation of capital assets. Includes all other items in the operating budget. Directs the Comptroller General to review and report to the Congress, as necessary, on the implementation of this Act. Requires the following reports to the House Committee on Public Works and Transportation and the Senate Committee on Environment and Public Works on capital activities and operating activities associated with: (1) roadways and bridges, airports and airway facilities, and mass transportation systems; (2) waste water treatment and related facilities; (3) water resource projects; and (4) public buildings.
United States · United States Congress · 14 June 1989
Living Wage Act of 1990 - Title I: Earned Income Tax Credit - Amends Internal Revenue Code provisions governing the earned income tax credit to: (1) increase from $5,714 to $7,000 the amount of earned income subject to the credit; (2) increase the basic credit from 14 percent to 15 percent; and (3) add additional credits to apply to not more than four children of five percent for each dependent school age child between age six and age 16 and ten percent for each preschool age child. Reduces the amount of the credit for taxpayers with adjusted gross income over $40,000. Indexes amounts relating to the credit beginning in 1992. Disallows application of the nonrefundable dependent care income tax credit with respect to a taxpayer's dependents under age 13, unless the child is physically or mentally incapable of self-care. Permits the credit with respect to handicapped children under age 15 only if the taxpayer elects not to include the child within the framework of the earned income credit. Repeals provisions of the Family Support Act of 1988 that revise the way in which the earned income credit is treated in the context of needs analysis for purposes of State plans for aid and services to needy families with children under title IV of the Social Security Act. Title II: Federal Minimum Wage - Amends the Fair Labor Standards Act of 1938 (the Act) to increase the minimum wage per hour from $3.35 in 1989 to: (1) $3.65 in 1990; (2) $3.95 in 1991; and (3) $4.25 in 1992 and thereafter. Increases the tip credit under the Act from 40 percent to 50 percent. (The tip credit deems the amount paid to a tipped employee, for minimum wage purposes, to be increased by an amount determined by the employer, but not by an amount in excess of the specified percentage of the applicable minimum wage rate). Increases the small business exemption by revising the definition of an enterprise engaged in commerce, for purposes of coverage under the Act ("the enterprise test"). Exempts from such coverage enterprises whose annual gross volume of sales or business is less than $500,000 (currently $362,500), effective in 1990. Requires employers who were covered in 1988, but who are exempt under the new threshold, to continue to pay the $3.35 per hour minimum wage. Authorizes employers, in lieu of the minimum wage, to pay a newly hired employee not less than $3.35 an hour and thereafter not less than 80 percent of the increased minimum wage. Applies the rights and protections of the Fair Labor Standards Act of 1938 to employees in the House of Representatives, employees under the Architect of the Capitol, and employing authorities of the House of Representatives. Authorizes employers to employ any employee for periods of not more than ten hours in excess of the 40-hour maximum without paying overtime if during such periods the employee is receiving remedial education.
United States · United States Congress · 13 June 1989
Amends the National Labor Relations Act to make it an unfair labor practice for an employer, upon the conclusion of a strike, to fail to reinstate employees with greater seniority rights than employees who returned to employment during the strike and whom the employer seeks to retain.
United States · United States Congress · 13 June 1989
Amends the Railway Labor Act to make it unlawful for any carrier, upon the conclusion of a strike, to fail to reinstate any employee with greater seniority rights than any employee who returned to employment during the strike and whom the employer seeks to retain.
United States · United States Congress · 13 June 1989
Urges the administration to refrain from submitting any proposal to include maritime transportation in the forthcoming General Agreement on Tariffs and Trade (GATT) discussions regarding trade in services industries and to oppose any proposals by foreign nations which are similar or which could result in a contraction of the U.S.-flag merchant marine.
United States · United States Congress · 12 June 1989
Amends title VII (Equal Employment Opportunities) of the Civil Rights Act of 1964 to deem a prima facie violation of such title to have been made out by proof that the representation of the protected group is significantly less in the position or among the benefit recipients in question than among the qualified applicants (or likely qualified applicants) for the position, or the eligible persons (or likely eligible persons) for the benefit. Allows a defendant to rebut the showing by proving that each part of the selection process was essential to the performance of the defendant's legitimate functions.
United States · United States Congress · 8 June 1989
Directs the Secretary of Health and Human Services to enter into an agreement for the transfer of specified monkeys used in research at the Institute for Behavioral Research in Silver Spring, Maryland, to Primarily Primates, Inc., an animal sanctuary in San Antonio, Texas, the teaching zoo known as Moorpark College in Moorpark, California, or the San Diego Zoo in San Diego, California.
United States · United States Congress · 6 June 1989
Includes in the definition of a veteran (therefore eligible for all veterans' benefits) all persons considered to be Commonwealth Army veterans by reason of service with the armed forces during World War II in the Philippines.
United States · United States Congress · 6 June 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 · 1 June 1989
Amends the Federal criminal code to require a minimum sentence of five years' imprisonment, without an opportunity for parole, for the unlawful possession of a firearm by any person: (1) who has been convicted of a crime punishable by more than a year imprisonment; (2) who is a fugitive from justice; (3) who is an unlawful user of or addicted to any controlled substance; (4) who has transported in interstate commerce any stolen firearm; or (5) who has received any stolen firearm. Increases from $5,000 to $10,000 and from five years to ten years the fine and term of imprisonment, respectively, for violation of Federal firearm laws. Increases the penalties for possession of a firearm in connection with a crime of violence or drug trafficking.
United States · United States Congress · 1 June 1989
Rural Development Investment Zone Act of 1989 - Title I: Designation of Rural Development Investment Zones - Amends the Internal Revenue Code to authorize the Secretary of the Treasury to designate rural development investment zones for purposes of providing tax and regulatory relief and improving local services. Limits choices to areas nominated by States and local governments. Limits the total number of areas that may be designated, and the time period of the designation. Authorizes the Secretary to designate an investment zone only if the area meets certain locational, demographic, unemployment, and poverty criteria. Requires nominating local governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action that may include reducing tax rates, improving local services, simplifying or streamlining regulation of business, and providing job training to area residents. Describes areas to which the Secretary must give preference in selecting areas for designation. Requires the Secretary to report to the Congress every four years on the effects of such investment zones' designation in accomplishing the purposes of this Act. Title II: Federal Income Tax Incentives - Subtitle A: Credits for Employers - Allows employers located in investment zones a nonrefundable income tax credit for qualified increased employment expenditures. Subtitle B: Credits for Investment in Tangible Property in Rural Development Investment Zones - Allows businesses an additional investment tax credit for investments made in certain investment zone construction property. Limits the credit to ten percent for new property, including rental property. Requires the recapture of credit amounts upon the early disposition of the property. Title III: Establishment of Foreign-Trade Zones in Rural Development Investment Zones - Requires the Foreign-Trade Zone Board to consider on a priority basis and to expedite the processing of applications for the establishment of foreign-trade zones within investment zones. Requires the Secretary to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones. Title IV: Responsibilities of Federal Agencies in Rural Development Investment Zones; Regulatory Flexibility - Requires Federal agencies to seek to provide special assistance to designated rural development investment zones. Amends Federal law to revise "small entity" with regard to the analysis of regulatory functions to include qualified business, government, and nonprofit enterprises operating with investment zones. Authorizes Federal agencies, upon request by a designating government, to waive or modify rules and regulations pertaining to the implementation of projects or activities within an investment zone. Requires agencies to approve a request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in maintaining the rule unchanged. Disallows waiver or modification or a rule that would directly violate a statutory requirement or present a danger to the public health and safety.
United States · United States Congress · 1 June 1989
States that the appropriate congressional committees shall give due consideration at the earliest possible date to the formulation and advancement of a rural economic development legislative package.
United States · United States Congress · 24 May 1989
Older Americans' Freedom to Work Act of 1989 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to remove the limitation on the amount of outside income which beneficiaries who have attained retirement age may earn without incurring a reduction in benefits.
United States · United States Congress · 23 May 1989
Authorizes the President, notwithstanding specified provisions of law and acting by and with the advice and consent of the Senate, to appoint Admiral James B. Busey to the office of Administrator of the Federal Aviation Administration. Declares that the appointment shall in no way affect his status as an officer on the retired list of the U.S. Navy, except to the extent that Federal dual pay and dual employment provisions affect the amount of retired pay.
United States · United States Congress · 23 May 1989
Urges: (1) the Chinese Government to respect and affirm internationally recognized human rights and to repeal martial law; (2) protesting students to continue their fight in nonviolent ways; and (3) the Secretary of State to take appropriate action to protect protesting students' and workers' rights. Commends the protesting students' commitment to nonviolent principles of protest. Declares that any violent response by China could affect Sino-American relations.
United States · United States Congress · 22 May 1989
Cable Competition Act - Amends the Communications Act of 1934 to authorize a State or cable television franchising authority to regulate the rates that a cable operator may charge for the provision of lifeline television services for any franchising area which is not provided with cable service by two or more cable operators. Defines the "lifeline television service" as the provision of: (1) channels of the three major networks; (2) a public television channel; and (3) one channel carrying each independent local television station. Repeals a provision of such Act which prohibits a telephone company from providing video programming in its telephone service area. Allows a telephone company to: (1) provide video programming directly to subscribers; or (2) provide rental arrangements to any entity which is owned or controlled by, or under common control with, such telephone company for the provision of such video programming. Directs the Federal Communications Commission (FCC) to prescribe regulations to ensure that: (1) the economic risks of video programming business of a telephone company are not borne by telephone service ratepayers in any way; and (2) a common carrier providing video services allocates costs in a manner which protects basic telephone ratepayers from subsidizing the provision of cable video programming. Prohibits a telephone company from providing video programming services if prohibited from doing so by Federal antitrust laws. Makes it unlawful for any person (including a common carrier) to purchase or otherwise acquire control of a cable system without the permission of the franchising authority for that cable system. Prohibits a franchising authority from granting such authority unless: (1) it determines that cable subscribers will benefit from such acquisition; (2) it determines that the number of channels, the signal quality, and the types of services will be expanded; and (3) the person acquiring the cable system agrees to include an obligation to achieve such expanded benefits and services for its customers. Requires a cable operator to: (1) provide cable system access to any program service, except under specified conditions; (2) provide cable system access to any unaffiliated program service under the same rates, terms, and conditions as provided to an affiliated program; and (3) comply with regulations prescribed by the FCC which ensure such access. States that any regulations prescribed by the FCC shall not relieve a common carrier who provides cable service from any regulations under the above Act or any other regulations concerning open network architecture plans and related requirements. Makes it unlawful for any person affiliated with a cable operator who provides programming to any cable operator to engage in any unjust or unreasonable discrimination in charges, practices, regulations, facilities, or services against any person seeking to obtain such programming for distribution over another capable system or over any other medium capable of making the programming available for private viewing. Empowers U.S. district courts with jurisdiction to enforce such prohibitions. Directs the FCC to initiate a proceeding to investigate: (1) the extent to which affiliated persons are engaged in producing and distributing video programming for carriage on cable television systems; and (2) the degree to which such operations result in higher rates for television service or unfair or anticompetitive acts or practices with respect to such programming. Requires the FCC to report immediately to the Attorney General or the Federal Trade Commission (FTC) any acts or practices found during such investigation that appear to violate any law within the jurisdiction of the Attorney General or the FTC. Directs the FCC to report to the Congress on the results of such investigation within one year after the enactment of this Act. Directs the FCC to initiate a proceeding to investigate: (1) the extent to which video programming is being delivered to residents of rural areas by means of cable television systems and other media; and (2) methods which might be used to improve and extend the delivery of such programming by such media. Directs the FCC to report the results of such investigations to the Congress within one year after enactment of this Act.
United States · United States Congress · 18 May 1989
Chemical and Biological Weapons Nonproliferation Act - Sets forth U.S. policy concerning chemical and biological weapons. Requires the Secretary of Commerce to issue such regulations, licenses, and orders as may be required to control the export of materials, equipment, and technology having significance for the manufacture or use of chemical and biological weapons. Makes subject to the penalties imposed by the Export Administration Act of 1979 any person who violates any regulation, license, or order issued by the Secretary. Requires the Secretary of State to assess the risk of the proliferation of chemical and biological weapons. Specifies particular matters to be considered by such assessment and requires such assessment to give particular attention to the materials, equipment, and technology that have direct significance for the production and use of chemical and biological weapons. Requires the Secretary of State to submit to the Congress a biannual report describing the status of: (1) control of the proliferation of chemical and biological weapons; (2) efforts to prevent the spread of such weapons; and (3) programs to control the export of materials, equipment, and technology having direct significance for the production of chemical and biological weapons. Requires the Secretary of State to establish a Chemical Industry Advisory Group to provide advice to the Secretary concerning such assessment and such biannual report. Requires the Secretary of State to inform the appropriate committees of the Congress of developments of significance to the proliferation and control of chemical and biological weapons.
United States · United States Congress · 18 May 1989
Pipeline-Hazardous Waste Anti-Dumping Act of 1989 - Amends the Hazardous Liquid Pipeline Safety Act of 1979 to direct the Secretary of Transportation to prohibit, by regulation, with specified exceptions, the tending for transportation in crude oil pipeline facilities of any used oil, waste oil, solvent, salt, metal, chemical (including chlorinated or oxygenated hydrocarbons), or other substance determined to pose an unreasonable threat of damage or injury to pipeline facilities, human beings, or the environment.
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
Extended Unemployment Insurance Reform Act of 1989 - Title I: Improved Program of Extended Unemployment Compensation - Amends the Federal-State Extended Unemployment Compensation Act of 1970 to limit the amount of extended compensation payable to an individual to the amount established in the individual's extended compensation account. Increases the limit on the amount established in such account. Sets forth the formula for determining the new limit. Limits an individual's eligibility period for extended compensation to the number of weeks of the limit on the individual's compensation account. Requires the amount and duration of extended compensation payable under the interstate benefit payment plan to be the same as if the individual were filing the claim in the State establishing the account. Requires that each unemployment benefit duration period be a three-month period beginning on the first Sunday of January of each year and the first Sunday of every third month thereafter. Sets forth formulas, based upon each State's insured unemployment rate, for determining whether a benefit duration period shall be an eight-percent, seven-percent, six-percent, five-percent, or four-percent period. Requires that a benefit duration period be a "low-unemployment period" if the State's adjusted insured unemployment rate for the first week of such period and the immediately preceding 12 weeks was less than four percent. Sets forth an alternative method of determining a benefit duration period based upon the total rate of unemployment. Requires that each State be paid an amount equal to the applicable percentage of the sum of the sharable extended compensation and the sharable regular compensation paid to individuals under State law. Amends title IX (Employment Security) of the Social Security Act to authorize appropriations into the extended unemployment compensation account. Title II: Demonstration Projects - Directs the Secretary of Labor (Secretary) to enter into a demonstration program agreement with at least five States whereby extended unemployment compensation would be available for certain substate areas with specified levels of unemployment. Directs the Secretary to enter into a demonstration program agreement with at least five States for promotion of training programs for unemployment compensation recipients. Directs the Secretary to provide model criteria, technical assistance, and specified information for such State training programs. Directs State Governors to designate State agencies to approve training programs and participants. Directs the Secretary to: (1) collect data annually to evaluate such a demonstration program; and (2) transmit the first evaluation to the Congress by October 1, 1990. Provides, under the Social Security Act, for interest credits to a State's account in the Unemployment Trust Fund on the basis of State payments of unemployment compensation to individuals in approved training. Sets forth State reporting requirements. Requires the Secretary to report annually on the implementation of such training program provisions and on State regulations and procedures to comply with the Internal Revenue Code on unemployment compensation. Provides that the training program provisions under this title shall not be taken into consideration in determining whether there has been a net decrease in the solvency of any State unemployment compensation system. Title III: Assessment - Authorizes appropriations from the Federal Unemployment Account for allotment to the States, in addition to funds annually allotted for the operation of State employment service agencies, for: (1) assessment, testing, and counseling services to identify the skills and aptitudes of unemployed persons unlikely to return to their former occupations, and to determine alternative occupations or training opportunities for which they may qualify; and (2) instruction in job search techniques. Directs the States, in providing services under this title, to give priority to those most in need of assistance, including: (1) dislocated workers; (2) individuals who have been without jobs for at least 15 weeks and who want and are available for work; and (3) economically disadvantaged adults and youth.
United States · United States Congress · 17 May 1989
Dire Emergency Veterans Medical Care Supplemental Appropriations Act for the fiscal year ending September 30, 1989 - Makes emergency supplemental appropriations to the Department of Veterans Affairs for FY 1989 for veterans' medical care.
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 · 11 May 1989
Amends the Internal Revenue Code with respect to the valuation of farmland for estate tax purposes to eliminate the limit on the reduction in fair market value of certain farmland if such land continues to be farmed for up to 30 years.
United States · United States Congress · 11 May 1989
Constitutional Amendment - Requires the Congress and the President, prior to each fiscal year, to agree on an estimate of total receipts (except those derived from borrowing) for that fiscal year by enactment of a joint single subject resolution. Prohibits outlays for that year (except those for repayment of debt principal) from exceeding this amount unless the Congress, by a three-fifths roll call vote of each House, authorizes a specific excess of outlays over receipts. Requires a three-fifths roll call vote of each House to increase the public debt. Directs the President to submit a balanced budget to the Congress. Requires the approval of a majority of the total membership of each House by roll call vote before any bill to increase revenue may become law. Waives these provisions when a declaration of war is in effect.
![Official portrait of Rep. Clinger, William F., Jr. [R-PA-5]](https://www.congress.gov/img/member/c000523_200.jpg)