United States · United States Congress · 21 July 1989
Drug War Bond Act of 1989 - Directs the Secretary of the Treasury to issue: (1) Drug War Bonds for a three-year period with a 12-year maturity date; and (2) Drug War Stamps to evidence payments for or on account of such bonds. Amends the Internal Revenue Code to exclude the interest earned on such War Bonds from an individual's gross income. Authorizes a taxpayer to designate a specified portion of any tax overpayment or make cash contributions to the War on Drugs Trust Fund (established by this Act). Authorizes the Attorney General to make expenditures from the Department of Justice Assets Forfeiture Fund into the War on Drugs Trust Fund. Amends the Internal Revenue Code to establish the War on Drugs Trust Fund. Transfers to such Fund: (1) proceeds from the sale of Drug War Bonds and stamps; and (2) certain cash contributions and portions of tax overpayments. Prescribes expenditures from the War on Drugs Trust Fund, including the construction of Federal prison facilities and education and rehabilitation programs. Precludes the receipts and disbursements from the War on Drugs Trust Fund from being included in either the congressional budget totals or in the budget totals as submitted by the President. Exempts the receipts and expenditures from the War on Drugs Trust Fund from: (1) statutory expenditure and lending limitations; and (2) certain orders issued under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Requires the Secretary to report to the Congress on programs established by this Act. Directs the Attorney General to make recommendations to the Congress regarding the merits of privatizing Federal prisons.
United States · United States Congress · 19 July 1989
Chinese Temporary Protected Status Act of 1989 - Amends the Immigration and Nationality Act to establish a temporary protected status for certain nationals of the People's Republic of China and other designated foreign states. Authorizes an alien under such status to work in the United States. Authorizes the Attorney General to so designate a country (or part thereof) only if: (1) there is an ongoing armed conflict which would threaten the safety of returned aliens; (2) a natural disaster has created conditions under which the country cannot handle the return of such aliens, and the country has requested such designation; or (3) extraordinary and temporary conditions exist in the country and the return of such alien would not be in the national interest of the United States. Designates the People's Republic of China such a country (based on extraordinary and temporary conditions). Makes such initial designation effective for two years from the date of enactment of this Act. Requires the Attorney General to review the status of a designated country at least annually. Makes a designation extension or termination of a designation of a foreign country effective upon publication in the Federal Register. Prohibits judicial review of such designations. States that a Chinese national shall be eligible for such status only if he or she: (1) has been continuously physically present in the United States since the date of enactment of this Act; (2) has continuously resided in the United States since July 1, 1989; (3) is otherwise admissible as an immigrant; and (4) registers as required. States that an alien from a designated country shall be eligible for such status only if the alien: (1) has been continuously present and resided in the United States since the most recent designation of his or her country; (2) is otherwise admissible as an immigrant; and (3) registers as required. Authorizes registration fees, with a maximum amount of $50. Permits waiver of certain alien excludability provisions for humanitarian or family unity purposes or when otherwise in the public interest. Prohibits such waiver in cases involving certain drug offenses, criminals, national security concerns, or Nazi persecutions. Makes an alien ineligible for such benefits if he or she: (1) has been convicted in the United States of a felony or two or more misdemeanors; or (2) has participated in persecution or is a threat to U.S. security. States that such temporary residency period shall not be considered as physical presence for suspension of deportation purposes unless the Attorney General determines that extreme hardship exists. States that during such temporary residency period the alien: (1) shall not be considered to be permanently residing in the United States under color of law; (2) shall not be eligible for Federal public assistance, except for specified emergency medical treatment; (3) may be deemed ineligible for public assistance by a State or local authority; (4) may travel abroad; and (5) shall be considered in lawful status for adjustment or change of status purposes. Directs the Attorney General to report annually to the appropriate congressional committees regarding the operation of such temporary residency program.
United States · United States Congress · 19 July 1989
Authorizes the use of the official expenses allowance of each Member of the House of Representatives for production of newsletters containing directories of State, local, and nonprofit private drug counseling, treatment, and information programs.
United States · United States Congress · 13 July 1989
Amends the Federal judicial code to change the positions of the voting members of the U.S. Sentencing Commission, other than the Chairman's, from full-time to part-time on October 1, 1989. (Current law provides that such positions shall remain full-time until the end of the first six years after the sentencing guidelines go into effect).
United States · United States Congress · 13 July 1989
Legal Services Administration Act of 1989 - Establishes the Legal Services Administration within the Department of Justice's Office of Justice Programs. Declares that the purpose of the Administration is to provide legal assistance to eligible clients through the making of grants to providers of such assistance. Gives the Administrator of the Administration the authority to determine whether an applicant shall receive a grant under this Act. Sets forth the powers and authorized activities of the Administration. Enumerates those areas in which grant recipients are: (1) authorized to provide legal assistance; and (2) prohibited from providing legal assistance. Prohibits a grant recipient from lobbying on certain issues or engaging in specified political activities. Authorizes appropriations. Gives any person or entity a private cause of action against a recipient for the purpose of enforcing this Act. Repeals the Legal Services Corporation Act. Provides for the transfer of all assets, liabilities, obligations, property, and records of the Legal Services Corporation to the Administration. Authorizes appropriations for FY 1991 to carry out the transition from the Corporation to the Administration.
United States · United States Congress · 29 June 1989
Authorizes any Army, Navy, Marine Corps, Air Force, or Coast Guard band to produce recordings for commercial sale. Allows proceeds to be credited to the appropriations of the Departments of the Army, Navy, Air Force, and the Coast Guard for the expenses of such bands. Directs the Secretaries of the Army, Navy, Air Force, and Transportation to prescribe regulations governing the accounting of such proceeds.
United States · United States Congress · 29 June 1989
Authorizes the Secretary of the Interior to acquire specified lands in Arizona for the establishment of the Kino Missions National Monument. Redesignates the Tumacacori National Monument the Kino Missions National Monument. Authorizes appropriations.
United States · United States Congress · 29 June 1989
Equity for Election Judges' Compensation Act of 1989 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to permit a State to exclude from coverage service performed by election officials or election workers if the remuneration paid for such service is less than: (1) $300 in a calendar year; or (2) $100 in a calendar quarter.
United States · United States Congress · 28 June 1989
Amends the Trade Act of 1974 to require the President to suspend the designation as an eligible article for duty-free treatment under the Generalized System of Preferences of wood products from a beneficiary country unless such country, during each year: (1) commences a reforestation program for the equivalent forest area for such country; and (2) continues or completes such reforestation program begun in any previous year. Directs the Secretary of Agriculture (Secretary) to: (1) determine those beneficiary countries that comply with such requirement; and (2) advise the President of those countries that do not. Sets forth an exception to such suspension. Authorizes any person to commence a civil suit in district court against the Secretary if he or she fails to perform any act or duty which is not discretionary under this section. Directs the United States Trade Representative to use the Uruguay Round of Multilateral Trade Negotiations to promote reforestation in developing countries.
United States · United States Congress · 28 June 1989
Medicare Catastrophic Coverage Revision Amendments of 1989 - Delays, for one year, the implementation of the Medicare Catastrophic Coverage Act of 1988, except for provisions of such Act expanding benefits under part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act.
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
Limits Members of Congress to two usual and customary congressional newsletters as mass mailings and postal patron mailings in a calendar year. Requires the Senate Committee on Rules and Administration and the House Commission on Congressional Mailing Standards to prescribe rules and regulations to carry out this Act. Requires Members to file disclosure statements detailing mass mailing costs during the preceding six months. Provides for separate appropriations for the House and the Senate for franked mailings. Requires any Member whose spending for franked mailings exceeds the postage allowance to repay such excess expenses from the Member's office payroll account.
United States · United States Congress · 22 June 1989
Commission on the Federal Taxation of Savings and Investment Act - Establishes the Commission on the Federal Taxation of Savings and Investment to determine the impact of such taxation on the strength of the economy.
United States · United States Congress · 22 June 1989
Constitutional Amendment - Grants the President the authority to reduce or disapprove any item of appropriation in any Act or joint resolution, except any item of appropriation for the legislative branch.
United States · United States Congress · 22 June 1989
Expresses the sense of the Congress that: (1) the concurrent budget resolution for FY 1991 should use a flexible freeze on spending in lieu of new taxes; and (2) the freeze should be similar to that proposed for the FY 1990 budget, which allows some programs to be increased while others are reduced.
United States · United States Congress · 21 June 1989
Spending Control Enhancement Act of 1989 - Adds a title to the Impoundment Control Act of 1974 to authorize the President to rescind all or part of any budget authority provided in an appropriations bill by notifying the Congress of the rescission by a special message within ten calendar days after enactment of the Act in question. Makes such rescission effective unless the Congress, within ten days after receiving the special message, completes action on a bill disapproving the proposal. Describes: (1) information to be included in the President's message; and (2) procedures to govern consideration of rescission disapproval legislation in the Senate and the House of Representatives.
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 · 19 June 1989
Broadcast License Renewal Act of 1987 - Amends the Communications Act of 1934 to declare it to be the policy of the United States that, with respect to the grant or renewal of a broadcast license, the licensee has the responsibility to: (1) broadcast material responsive to matters of concern to residents of its service area; and (2) operate in compliance with provisions of such Act and Federal Communications Commission regulations. Directs the Commission to: (1) grant an application for license renewal if the applicant has met such responsibilities in the preceding license term; or (2) deny renewal or grant limited renewal if the applicant failed to meet such responsibilities. Prohibits the Commission, in evaluating a licensee's performance in broadcasting material responsive to matters of public concern, from establishing or applying any requirement with respect to the broadcast of any specific subject or material. Directs the Commission to accept the licensee's judgment if found to be reasonable and made in good faith. Prohibits the Commission, in determining whether to renew a license, from considering whether the public interest, convenience, and necessity might be served by granting a license to a competing applicant. Directs the Commission to conduct an inquiry and prescribe any necessary regulations concerning any additional information that licensees should be required to maintain and make available to the public regarding the licensee's responsibility to broadcast material responsive to matters of public concern. Makes it unlawful for a license applicant and any other person, while a license application is pending, to effectuate an agreement whereby the other person withdraws or withholds an informal objection or a petition to deny in exchange for the payment of any thing of value by, or on behalf of, the applicant. Directs the Commission to establish a procedure by which informal complaints received by the Commission may be reviewed during the license term of a radio licensee. Authorizes the Commission to consider a complaint or its resolution in its determination of whether to grant license renewal. Applies the prohibition on financial settlements to the formal complaint process.
United States · United States Congress · 15 June 1989
National American Indian Museum Act - Establishes within the Smithsonian Institution a memorial to Native Americans to be known as the National Museum of the American Indian, to provide for the study, research, collection, and exhibition of Native Americans and their culture. Designates specified areas in the District of Columbia and New York City as the sites of facilities for the Museum. Requires establishment of a facility for the conservation and storage of Museum collections at the Museum Support Center in Suitland, Maryland. Authorizes the Smithsonian to: (1) provide for the transfer of certain assets of the Heye Foundation for the benefit and use of the Museum; (2) construct such facilities; (3) provide for acquisition of Native American objects and artifacts from museums or private collections; and (4) maintain or loan objects and artifacts in the Museum collection. Establishes the Board of Trustees of the Museum. Directs the Board to: (1) recommend annual budgets for the Museum; and (2) assist the Board of Regents on matters relating to the Museum. Grants the Trustees sole authority to: (1) dispose of and acquire additional Museum property; and (2) establish policy with respect to the utilization of the Museum's collections. Grants the Trustees authority to: (1) establish policy with respect to the restoration, preservation, and maintenance of Museum collections; (2) solicit funds for the Museum; (3) approve expenditures from the Museum's endowment; (4) advise the Museum's Director; (5) provide for the exhibition of Native American objects and artifacts; and (6) conduct research and evaluation and educational programs with respect to the Museum collections. Requires the Trustees to submit annual reports to the Board of Regents and the Congress. Requires the Foundation's employees serving at the time of the transfer to be offered employment by the Smithsonian. Directs the Board of Regents to: (1) loan artifacts and objects from the Smithsonian Institution traveling exhibit service to the Heye Foundation's successor; and (2) provide training and assistance to such successor to maintain and operate exhibits and a museum facility at Audubon Terrace, New York, New York. Directs the Board, in providing such services, to require such successor to: (1) designate a specified area for exhibit space; (2) ensure physical suitability of such space for exhibition of traveling collections; and (3) make an effort to coordinate exhibits. Authorizes the Board to enter into agreements with museums, educational institutions, and cultural organizations to: (1) loan Native American artifacts and objects from the Museum collection; (2) sponsor and coordinate traveling exhibitions; and (3) provide technical assistance. Directs the Board to enter into an agreement with the Secretary of the Interior to insure that certain museums have an opportunity to participate in such programs. Directs the Board to: (1) identify the geographic and tribal origins of the skeletal remains of Indians and associated grave offerings in the Smithsonian; (2) conduct a study and make recommendations on how to implement a policy of returning or repatriating such skeletal remains and associated grave offerings according to tribal custom; (3) consult with traditional Indian religious leaders in making such recommendations; and (4) report to the Congress within three years of this Act's enactment on the identity of such skeletal remains and associated grave offerings and the findings and recommendations of such study. Directs the Secretary to make grants available for assisting Indian tribes in such repatriation. Authorizes appropriations.
United States · United States Congress · 15 June 1989
Space Transportation Services Purchase Act of 1989 - Requires the Federal Government to purchase space transportation services from commercial providers, unless on a case-by-case basis: (1) the Secretary of Defense certifies to the National Space Council that national security reasons require otherwise; (2) the Administrator of the National Aeronautics and Space Administration certifies to the Council that the unique capabilities of the space shuttle are required; or (3) the Secretary of Transportation finds that the services required are unavailable at a reasonable cost from commercial providers. Requires the Federal Government to acquire only space transportation vehicles manufactured in the United States of primarily U.S.-made components, and only as required under this Act or by NASA for conducting research and development on space transportation technology. Requires contracts to provide space transportation services to be awarded through the competitive bidding process among U.S. persons. Requires other activities of the Government relating to: (1) commercial payloads on the space shuttle; (2) grants for space transportation services; (3) expenditures for international activities or organizations using space transportation services; and (4) studies on future space transportation services.
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 · 14 June 1989
Consumer Products Recovery Act of 1989 - Amends the Solid Waste Disposal Act to require producers or importers of lubricating oil to recycle, through methods specified under this Act, an amount of used oil equal to at least the amount determined by multiplying the amount of lubricating oil produced or imported that year by such persons by the recycling percentage established by the Administrator of the Environmental Protection Agency. Authorizes such individuals to comply with this Act by: (1) recycling (through re-refining) used oil or purchasing re-refined oil for purposes of producing lubricating oil; or (2) purchasing recycling credits under this Act. Directs the Administrator to establish a recycling percentage that is two points higher than the existing recycling rate for lubricating oil. Provides for increases in such percentage of two points annually until 1999. Requires the Administrator to promulgate regulations allowing recyclers to create credits for used oil recycling and producers or importers of lubricating oil to purchase such credits. Provides that such regulations shall require: (1) owners or operators of used oil collection places to keep receipts issued by transporters who take delivery of such oil and copies of agreements under which the transporter agrees to take such oil to a recycling facility; (2) such owners or operators to certify that oil taken by transporters is not contaminated with hazardous wastes or substances above de minimis levels; (3) transporters to obtain an identification number from the Administrator and to keep certain records; (4) owners or operators of recycling facilities to be the only persons to create a recycling credit for the recycling credit system; (5) recyclers to certify that the substance being recycled is uncontaminated used oil; (6) oil proposed to be recycled to have come from a used oil collection place or a transporter with an identification number; (7) specified records to be kept by recyclers and by importers or producers; and (8) recyclers to sell or distribute in commerce such oil as specification used oil, off-specification used oil, hazardous waste fuel, or re-refined oil. Allows used oil re-refiners to exclude between 15 and 25 percent of re-refined oil from recycling requirements. Directs the Administrator to report to the Congress on such regulations and to include: (1) a discussion of the effects of such regulations on the oil industry and the environment; and (2) an evaluation of the level of the recycling percentage and whether such percentage should be increased in future years. Requires an updated version of such report to be submitted within ten years of this Act's enactment. Applies recycling requirements to persons who import or produce more than 100,000 gallons of lubricating oil annually. Sets the recycling percentage at 40 percent if the Administrator fails to promulgate such regulations. Directs the Administrator to submit to the Congress a plan for the recycling of certain commodities, including daily newspapers, used tires, lead acid batteries, pesticide containers, antifreeze, and specified volatile organic compounds. Requires such plan to include an incentive-based method for accomplishing such recycling. Directs the Administrator to implement such plan with respect to one commodity and with respect to an additional commodity each year thereafter. Provides that if used oil is identified as a hazardous waste under the Solid Waste Disposal Act, any fuel derived from such oil shall not be considered to be a hazardous waste after being reprocessed at a permitted facility. Requires persons who package lubricating oil to label such packages with a hazardous substance warning label and to include a telephone number for information on area recycling. Directs the Administrator to promulgate regulations requiring States to develop plans for making information about used oil recycling available to the public. Requires the Administrator to establish a toll-free telephone line for information on State used oil recycling programs. Makes certain regulations proposed in the Federal Register on November 29, 1985, effective with respect to used oil management if the Administrator fails to promulgate regulations under this Act. Authorizes appropriations.
United States · United States Congress · 13 June 1989
Expresses the sense of the House of Representatives that the Committees on Energy and Commerce and Ways and Means should review the Medicare Catastrophic Coverage Act of 1988 and hold hearings in the process of such review.
United States · United States Congress · 8 June 1989
Workers' Political Rights Act of 1989 - Amends the Federal Election Campaign Act of 1971 to include political committees among those entities to which contributions by national banks, corporations, or labor organizations are restricted. Provides that communications to its members and their families and the establishment of, and solicitation of contributions for, a separate segregated political fund by a labor organization shall not be considered to be prohibited political contributions or expenditures only if such organization provides to employees it represents written notification of the following information: (1) that no employee is required to join the labor organization, and if the collective bargaining agreement purports to require membership in, or the payment of any amounts to, such organization, the employee instead may pay an agency fee to such organization; (2) the amount of the agency fee for the current year and the amount of union membership dues, initiation fees, and assessments for the current year; (3) that employees who choose to join the union will be subject to the labor organization's reasonable internal rules, regulations, and discipline; (4) that employees who resign from such organization may do so without being subject to internal union discipline for any post-resignation conduct; (5) that the amount of the agency fee for the current year is limited to the employee's pro rata cost of the labor organization's exclusive representation services to the collective bargaining unit; (6) that a procedure is in place to determine those costs which are chargeable to agency fee payors and such procedures are fully explained; and (7) that due regard is given to the fact that the labor organization holds a fiduciary position of trust with respect to the employees it represents and that the rights of employees to associate freely are not infringed any more than necessary for such organization to defray its reasonable costs of providing exclusive representation services. Requires a labor organization which does not provide employees with such notification to finance those political activities which are not considered contributions or expenditures with funds collected for its separate, segregated political fund.
United States · United States Congress · 8 June 1989
Expresses the sense of the Congress regarding admissions of minority students to institutions of higher education, especially with respect to illegal exclusion and illegal racial discrimination against Asian-Americans and other groups.
United States · United States Congress · 6 June 1989
Fair Housing for Americans of All Ages Act of 1989 - Amends the Fair Housing Act to repeal the prohibitions with respect to familial status-based discrimination. Directs the United States Commission on Civil Rights to: (1) conduct a study of familial status-based housing discrimination; and (2) report the results of such study to the Congress.
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 · 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 · 17 May 1989
Public Housing Resident Empowerment Act of 1989 - Amends the United States Housing Act of 1937 with respect to public housing resident management corporations (RMC) to: (1) require lump-sum comprehensive improvement assistance to enable projects to establish rehabilitation reserves; (2) increase and extend resident management technical assistance through FY 1991; and (3) require specified public housing agencies to develop resident management and homeownership plans. Amends such Act with respect to public housing homeownership to: (1) limit annual individual and aggregate assistance limits; and (2) make assistance authority permanent.
United States · United States Congress · 17 May 1989
Amends the Internal Revenue Code to: (1) extend for three years, through 1992, the investment tax credit in connection with depreciable solar energy property and geothermal property; and (2) permit this credit against the taxpayer's entire regular tax liability and minimum tax liability.
United States · United States Congress · 17 May 1989
Amends the Federal Mine Safety and Health Act of 1977 to direct the Secretary of Labor to cooperate with State mine inspection and safety agencies. Requires States to submit proposed mine health and safety standards to the Secretary for approval. Requires the Secretary to grant approval if certain development and enforcement criteria are met.
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 · 16 May 1989
Slepak Principles Act - Declares it is the purpose of this Act to create principles, similar to those proposed by Vladamir Slepak (a founding member of the Moscow Helsinki Monitoring Group) governing the conduct of industrial cooperation projects of U.S. nationals in the Soviet Union and the Baltic States. Expresses the sense of the Congress that U.S. nationals engaged in such projects should adhere to the Slepak Principles and thus: (1) provide no assistance for the Soviet military; (2) suspend the use of goods produced by forced labor; (3) seek the protection of human rights as it relates to Soviet employee rights; (4) decline to participate in any project if it uses a structure used for religious activities; (5) pose no danger to Soviet employees; (6) refuse to extend untied loans to the Soviet Union; and (7) strive to use business enterprises that are not controlled by the Soviet Union. Sets forth specified registration and reporting requirements. Declares that U.S. agencies may intercede with a foreign government or foreign national regarding export marketing activity on behalf of a U.S. national if such national adheres to the Slepak Principles.
United States · United States Congress · 16 May 1989
Expresses the sense of the Congress that: (1) the Exxon Company must dedicate necessary resources and pay all required expenses to compensate affected parties, mitigate impacts, and complete cleanup by September 15, 1989, of Prince William Sound and other Alaska lands and waters damaged by the Exxon Valdez oil spill; and (2) the scope and thoroughness of the cleanup shall be determined by the U.S. Coast Guard to achieve maximum benefit of fish and wildlife habitat and the Alaska environment.
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.
United States · United States Congress · 4 May 1989
Davis-Bacon Reform Act of 1989 - Amends the Davis-Bacon Act to increase from $2,000 to $250,000 the threshold amount subjecting certain contracts to such Act and requiring them to specify the minimum wages to be paid to laborers and mechanics. Directs the Secretary of Labor to establish as the prevailing wage for a class of laborers or mechanics the entire range of wages being paid to a corresponding class of such workers in the particular urban or rural subdivision of the State in which the work is to be performed. Sets out the means for determining such prevailing wage in cases when more than a single wage is being paid to corresponding classes of workers. Excludes from the computation of wages the basic hourly rates of pay for workers on local Federal projects. Establishes a separate classification for helpers of laborers or mechanics, with their prevailing wages to be determined on the basis of the corresponding class of helpers. Prohibits the division of contracts into units of $250,000 or less for purposes of avoiding wage computation under such Act. Provides for administrative enforcement of such prohibition. Applies the increased contract amount threshold for coverage provided in this Act to other related Federal laws which use the Davis-Bacon Act prevailing wage rate determination requirements. Provides that wages found to be due to laborers and mechanics pursuant to the Davis-Bacon Act shall be paid to them directly from accrued payments withheld under the contract, in accordance with specified regulations issued by the Secretary of Labor. (Currently the Comptroller General makes such payments.) Directs the Administrator of General Services (rather than the Comptroller General) to distribute a list to all Federal agencies giving the names of persons or firms that the Secretary of Labor (rather than the Comptroller General) has found to have disregarded their obligations to employees and subcontractors. Amends the Copeland Act to require certain contractors or subcontractors to furnish compliance statements concerning weekly wages at the beginning, midpoint, and conclusion of the period covered by the contract, instead of every week as the wages are paid. Requires such statements at least every three months. Directs the Secretary of Labor and the Comptroller General to submit to the Congress annual reports describing the effects of the Davis-Bacon Act, the Copeland Act, and this Act on local wages and on local and national economies.
United States · United States Congress · 3 May 1989
Amends the Fair Housing Act to extend the transition period with respect to housing qualifying as housing for older persons based on the age of the residents.
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
Requires a certain percentage of Federal fleets of passenger automobiles and light-duty trucks to be alternative fuel vehicles by specified deadlines if such vehicles are being operated in an area designated under the Clean Air Act as an area of serious health endangerment for ozone and/or carbon monoxide. Requires the Administrator of General Services and the Secretary of Defense, with the concurrence of the Secretary of Energy, to issue regulations ensuring that such vehicles shall: (1) be supplied with alcohol, natural gas, other gaseous hydrocarbons, or electricity in the primary area of operation; and (2) be operated exclusively on such fuel (except when it is impracticable to obtain it). Requires funds appropriated to implement this Act to be expended first in those areas determined by the Administrator of the Environmental Protection Agency (the Administrator) to have the most severe air pollution problems. Prescribes circumstances under which such alternative fuels shall be offered for sale to the public. Mandates that the funds appropriated for alternative fuel vehicle acquisition apply only to the portion of costs which exceeds the cost for comparable conventional fuel vehicles. Directs the Secretary of Energy to ensure that the cost to any Federal agency receiving an alternative fuel vehicle under this Act not exceed the cost to such agency of a comparable conventional fueled vehicle. Mandates that gasoline powered Federal vehicles, with specified exceptions, which are operated in an area designated as seriously endangering health for carbon monoxide, and which are not dual energy (or natural gas dual energy), be operated exclusively with fuel which blends oxygenates with gasoline at their primary fueling facility. Requires underground fuel storage equipment installed or replaced at designated Federal facilities to be capable of safely storing alcohol. Requires the Administrator to report to the Congress the results of a comprehensive analysis regarding the public health risk associated with the use of significant amounts of alcohol, natural gas, or other gaseous hydrocarbons as transportation fuels as compared to diesel and gasoline fuels. Authorizes appropriations for FY 1991. Sets forth criteria for alternative fuel vehicles. Authorizes appropriations for FY 1993 through 1996.
![Official portrait of Rep. Kolbe, Jim [R-AZ-8]](https://www.congress.gov/img/member/k000306_200.jpg)