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 · 9 May 1989
Advanced Television Competitiveness Act of 1989 - Directs the Secretary of Commerce to provide for the establishment of an industry-led consortium, to be known as TV Tech, to conduct research, development, and manufacturing activities in the field of high definition television and other advanced television systems. Outlines membership provisions concerning TV Tech. Requires the Directorate of TV Tech (the controlling group) to appoint from among employees of firms that are members of TV Tech a Commercial Coordinating Group to coordinate and advise on the commercially related activities of TV Tech and a Technical Coordinating Group to coordinate and advise on the technical activities of TV Tech. Requires the Directorate to establish a variety of projects related to advanced television system technologies, each to be supervised by a project leader. Provides a Project Leaders Coordinating Group to facilitate the sharing among projects of costs, planning, and the dissemination of obtained information. Establishes an Advisory Council on Federal Participation in TV Tech to: (1) advise the Directorate on appropriate goals for activities; and (2) conduct an annual review of TV Tech activities to determine progress made in achieving the purposes of this Act. Outlines membership and funding provisions for the Council. Provides that the conduct of any person making or performing a contract to carry out activities authorized by this Act shall not be considered illegal per se under antitrust laws, but shall be judged on the basis of its reasonableness. Provides that, for the purposes of damages recovery and attorneys' fees, conduct authorized by this Act shall be considered within the scope of a notification under appropriate provisions of the National Cooperative Research Act of 1984. Permits TV Tech to enter into contracts which would result in the transfer to any person outside the United States of technology developed in the United States only when authorized by the Directorate, in consultation with the Advisory Council. Permits a non-U.S.-owned firm to obtain licensing rights from TV Tech with respect to technology developed in the United States only if: (1) all royalties connected with such license are retained by TV Tech or a U.S.-owned firm; and (2) all components are manufactured in the United States, unless special circumstances warrant otherwise. Provides for reversion to TV Tech of all patents held by a member firm of TV Tech which ceases to be a U.S.-owned firm. Allows research and development programs undertaken by TV Tech to culminate in pilot projects as appropriate. Authorizes TV Tech to enter into agreements with a State to encourage development of full-scale projects at the State level.
United States · United States Congress · 9 May 1989
Limits assessments of underpayments with respect to taxable periods beginning before July 1, 1985, in connection with the annual $250 occupational tax on retail liquor and beer dealers. Abates assessments and refunds overpayments of any post-1987 tax.
United States · United States Congress · 9 May 1989
Alternative Fuels Incentive Act of 1989 - Amends the Internal Revenue Code to permit an income tax credit for investments in qualified clean-burning (natural gas, liquefied petroleum gas, or alcohol) motor vehicle fuel property. Permits a 20 percent credit from 1990 through 1999, phasing out the credit in five percent increments annually thereafter to reach zero percent at the end of 2002. Applies the credit to depreciable property that is: (1) equipment designed either to modify a motor vehicle so that it will be propelled only be a clean-burning fuel or to assist in delivering such fuel into such vehicles; or (2) a motor vehicle propelled by clean-burning fuel. Authorizes the Secretary of the Treasury to make credit-equivalent payments to States and to local governments in connection with qualified property.
United States · United States Congress · 4 May 1989
Directs the Secretary of Defense and the Administrator of the National Aeronautics and Space Administration (NASA) to establish a joint National Aero-Space Plane program to develop a long-range hypersonic cruise research flight vehicle. Prescribes the respective funding and administrative responsibilities of the Department of Defense and NASA. Directs the Secretary and the Administrator to develop and submit to the Congress a management plan that includes goals, tasks, schedules, and resource procurement strategies.
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
Retirement Payment Delivery Assurance Act of 1989 - Amends the Railroad Retirement Act of 1974, the Federal Mine Safety and Health Act of 1977, the Foreign Service Act of 1980, the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, and other Federal law to provide that if the day designated for the delivery of benefit payments occurs on a Saturday, Sunday, or legal public holiday, then the following retirement benefit checks shall be mailed a day earlier than usual: (1) railroad retirement annuities; (2) military retired and retainer pay and annuities based on such pay; (3) Federal employee retirement annuities; (4) black lung benefits; (5) foreign service retirement benefits; and (6) benefits under the Central Intelligence Agency Retirement and Disability System.
United States · United States Congress · 2 May 1989
National Voter Registration Act of 1989 - Requires each State to establish procedures with respect to elections for Federal office to permit voter registration by: (1) application in person simultaneously with application for a motor vehicle driver's license; (2) mail application; and (3) application in person at designated Federal, State, and private sector locations. Declares that this Act does not apply to any State that has no voter registration requirement with respect to elections for Federal office. Requires each State to establish a uniform and nondiscriminatory program to confirm the registration of voters in such State. States that challenges to the qualifications of an individual to vote in an election for Federal office may be made on the day of the election only as provided by State law. Provides for individuals with and without documentary proof of qualification to vote. Sets forth a special procedure to enable an individual to vote when his registration to vote cannot be verified. Requires each State to: (1) assure that any eligible applicant who submits his or her application 30 days before the election is registered to vote in the election; (2) require the appropriate State election official to notify each applicant of the disposition of the application; (3) provide that the name of a voter may not be removed from the official list of eligible voters for failure to vote or any other reason except death, criminal conviction, mental incapacity, change in residence, or voter request; and (4) inform those who register pursuant to this Act of voter eligibility requirements and penalties provided by law for submission of a false voter registration application. Requires the Federal Election Commission to report on the impact of this Act on the administration of elections for Federal office. Requires each State to designate a chief State election official to coordinate State functions under this Act. Provides a private right of action for an individual aggrieved by a violation of this Act. Provides for the awarding of attorney fees to the prevailing party, other than the United States. Imposes criminal penalties upon any person who: (1) intimidates, threatens, or coerces any person for registering or voting or exercising any right under this Act; or (2) deprives or defrauds the inhabitants of a State of a fair and impartially conducted election process. Authorizes appropriations necessary to carry out this Act.
United States · United States Congress · 2 May 1989
Privacy for Consumers and Workers Act - Requires employers who engage in electronic monitoring to provide each affected employee with prior written notice describing specified aspects of the electronic monitoring directly affecting the employee. Requires employers to notify prospective employees at personal interviews or meetings of existing forms of electronic monitoring which may directly affect them and, upon request, provide them with the written notice provided to employees. Requires employers to provide affected employees with some form of visual or aural notice that indicates that electronic monitoring is taking place, at periodic intervals unless the monitoring is continuous during each of the employee's shifts. Requires employers to provide affected customers with some form of visual or aural notice, at periodic intervals, indicating that telephone service observation is taking place. Requires employers to permit employees or their authorized agents to have access to all personal data obtained by electronic monitoring of their work. Prohibits employers from collecting personal data on an employee which is not relevant to the employee's work performance. Prohibits employers from disclosing personal data obtained by electronic monitoring to any person or business except to the individual employee to whom that data pertains or without the employee's prior written consent, unless disclosure would be: (1) to the employer's officers and employees who need it to perform their duties; (2) to a law enforcement agency for a criminal investigation or prosecution; or (3) pursuant to a proper court order. Prohibits employers from using personal data obtained by electronic monitoring as the exclusive basis for individual employee performance evaluation or disciplinary action, unless the employee is given an opportunity to review the data within a reasonable time after it is obtained. Prohibits employers from using personal data or collective data obtained by electronic monitoring as the sole basis for setting production quotas or work performance expectations. Prohibits employers from maintaining, collecting, using, or disseminating personal data obtained by electronic monitoring which describes how an employee exercises First Amendment rights, unless such use is: (1) expressly authorized by statute or by the employee; or (2) pertinent to and within the scope of an authorized law enforcement activity. Sets forth the following enforcement provisions: (1) civil penalties; (2) injunctive actions by the Secretary of Labor; and (3) private civil actions. Prohibits waiver of rights and procedures provided by this Act, unless such waiver is part of a written settlement by the parties to a pending action or complaint. Directs the Secretary of Labor to issue rules and regulations to carry out this Act within six months. Makes this Act inapplicable to otherwise permissible electronic monitoring by law enforcement agencies in criminal investigations.
United States · United States Congress · 2 May 1989
Elephant Protection Act - Requires the United States Trade Representative (USTR), before January 1, 1990, to identify each foreign country that has enacted sanctions against trading in ivory. Requires the USTR to: (1) determine, for each year after 1989, if each identified country has effectively enforced such sanctions; (2) determine, for each year after 1990, if each foreign country not so identified has enacted such sanctions; and (3) determine, for each year after 1990, if such countries that have implemented sanctions against trading in ivory have enforced them. Directs the USTR to: (1) make such determinations for each year; (2) notify the President of each negative determination; and (3) publish each negative determination in the Federal Register. Requires the President, after receiving a negative determination with respect to any foreign country, to revoke nondiscriminatory treatment (most-favored-nation treatment) for all products of such country that are imported into the United States. Makes it unlawful for any person to import or export ivory products. Sets forth civil and criminal penalties. Amends the Internal Revenue Code to deny foreign tax credit benefits with respect to income derived from trading in ivory. Provides that ivory-related income shall not be treated as foreign base company income.
United States · United States Congress · 27 April 1989
Inter-American Scientific Cooperation Act of 1989 - Requires the National Science Foundation to establish the Inter-American Scientific Cooperation Program to increase the level of science and technology cooperation between the United States and Latin America. Requires the Program to identify and cooperate with private and governmental funding bodies, both in Latin America and in the United States, which will bear a share of the financing of cooperative projects. Sets forth required Program elements, including establishment of an Inter-American Scientific Educational Development Fund. Sets forth required Fund activities, including graduate and post-doctoral fellowships in science and technology. Authorizes appropriations for FY 1990 and 1991.
United States · United States Congress · 26 April 1989
Amends the Federal Meat Inspection Act to authorize the distribution of a meat article or animal without charge to nonprofit private entities or to State, local, and Federal entities engaged in the distribution of food without charge to individuals, if the article or animal: (1) is in violation of the Act; (2) has been seized and condemned; (3) is capable of use as a human food; and (4) has been inspected under the Act. Relieves the United States and the person from whom the meat was seized and condemned from legal responsibility for the article or animal if it was found after inspection under the Act to be capable of use as a human food.
United States · United States Congress · 26 April 1989
Automated Telephone Solicitation Protection Act of 1989 - Amends the Communications Act of 1934 with respect to automatic telephone dialing devices (telephone terminal equipment with the capacity to store or produce numbers, dial them, and deliver a prerecorded message without manual assistance). Makes it unlawful for any person in interstate or foreign communications to use such device for a telephone solicitation to a telephone customer unless: (1) the recorded message states the name and telephone number of the person initiating the call; (2) the dialer automatically terminates its connection within five seconds after the person called fails to give consent to the recorded message or hangs up his or her telephone; (3) the device does not make calls to any emergency phone numbers; or (4) the device is used only between the hours of 9 a.m. and 5 p.m. States exceptions to such prohibition. States that a $5,000 limitation on certain forfeiture penalties under such Act does not apply to violations of such prohibition. Requires the Federal Communications Commission and the Federal Trade Commission to jointly study and report to the Congress on the practicality and constitutionality of a complete ban on the use of automatic dialing devices to deliver telephone solicitations.
United States · United States Congress · 18 April 1989
Save, America Act of 1989 - Amends the Internal Revenue Code to exclude from the gross income of an individual up to $5,000 ($10,000 for joint returns) of interest earned on a passbook savings account in a federally insured bank, savings and loan or similar institution, or credit union.
United States · United States Congress · 6 April 1989
Missing Service Personnel Act of 1989 - Requires the responsible uniformed service commander, after receiving notice that a person under his command is missing, to conduct an informal investigation to determine such person's whereabouts and, if appropriate, to place such person in a missing status. Requires the commander, if a person has been placed in such status, to notify the officer holding general court-martial authority over such person (or, in the case of a missing civilian, the Secretary concerned), who shall convene a board of initial inquiry within 45 days. Requires such board to: (1) investigate evidence relating to the disappearance of such person; (2) recommend whether to continue such person in a missing status or make a finding that such person has deserted, is absent without leave, or is dead; and (3) report its recommendations and findings. Provides for the convening of a board of further inquiry, if a board of initial inquiry recommends that such person be continued in a missing status, within one year of such recommendation. Requires such board to analyze any information which has become available since the board of initial inquiry issued its report, to determine whether such person should be continued in a missing status or declared dead, and to report its findings. Directs the Secretary concerned, upon the written request of a member of the immediate family of a missing person who, before the date of the enactment of this Act, was determined by the Secretary to be dead, to: (1) convene a board of further inquiry to determine whether such finding of death should be upheld or such person should be placed in a missing status; and (2) report its findings. Requires the Secretary, within three years after a board of further inquiry recommends a missing status for any person, to reconvene such board to review such status. Specifies the composition of such boards. Directs the Secretary to invite each member of the immediate family of the missing person to the meetings of a board of initial inquiry unless attendance would place such member in danger. Requires the Secretary to: (1) invite family members of missing persons to meetings of boards of further inquiry; (2) schedule such meetings at convenient locations and times; (3) provide such family members with reasonable notice of such meetings; and (4) open such meetings to the general public. Authorizes each board to hold meetings, take testimony, receive evidence, and secure directly from any U.S. department or agency any information necessary to carry out its duties. Provides for the appointment of counsel by the officer or Secretary concerned to represent the missing person. Requires that, if a board determines that a missing person is dead, it shall include in its report a detailed description of the location and date of death, whether the body has been recovered, and whether a licensed practitioner of forensic medicine determined that the body recovered is that of the missing person. Prohibits any such board from declaring a missing person dead unless: (1) evidence other than the passage of a period of less than 50 years suggests that such person is dead; (2) no evidence which reasonably suggests that such person is alive is in the possession of the Government; (3) representatives of the Government have made a complete search of the area where such person was last seen (unless the United States is not granted access to such area); and (4) Government representatives have checked the records of the government or entity having control over the area where such person was last seen (unless the Government is not granted access to such records). Provides for judicial review of determinations of death upon the filing of a written petition by any member of the missing person's immediate family. Directs the Secretary of the uniformed service in which a missing person serves to make certain that such person's personnel file contains all information in the possession of Federal departments and agencies pertaining to the disappearance or whereabouts of such person. Requires the Secretary to make certain that, if classified information is withheld, such file contains: (1) a notice that the information exists; and (2) a notice of the date of the most recent review of the classification status of the information. Sets forth penalties for knowingly withholding information pertaining to the disappearance or whereabouts of a missing person from that person's personnel file. Requires the Secretary concerned to make the contents of such file available to a member of the immediate family of such person upon written request.
United States · United States Congress · 5 April 1989
Authorizes the President to present a gold medal, on behalf of the Congress, to each of the following individuals in recognition of their contributions to this Nation's cultural heritage: (1) Frank Capra; (2) James Stewart; and (3) Fred Zinnemann. Requires the Secretary of the Treasury to design a different gold medal for each such individual. Authorizes appropriations. Authorizes the Secretary to strike and sell bronze duplicates of such medals at a price sufficient to cover the costs of such duplicates and the gold medals. Requires the appropriations to be reimbursed out of the sales proceeds. Designates all such medals as National Medals.
United States · United States Congress · 5 April 1989
Emergency Phone System Equal Access Act - Amends the Communications Act of 1934 to require that any telecommunication system that is operated by a provider of public safety services, used to provide public safety emergency answering services, and manufactured, imported, or installed in the United States more than one year after the enactment of this Act be readily accessible to hearing- and speech-impaired individuals.
United States · United States Congress · 23 March 1989
Criminal Assault Weapon Penalty Act of 1989 - Provides for enhanced penalties for the possession or use of a semiautomatic firearm with an ammunition clip capacity of ten or more rounds or a short-barrelled shotgun during a crime of violence or a drug trafficking crime.
United States · United States Congress · 23 March 1989
Maternal Child Health Improvement Act of 1989 - Amends title V (Maternal and Child Health Services) of the Social Security Act to increase authorized appropriations for such program. Sets aside certain appropriated amounts for State initiatives promoting the enrollment of at-risk pregnant women and children in programs providing health services.
United States · United States Congress · 23 March 1989
Rural Hospital Recovery Act of 1989 - Directs the Secretary of Health and Human Services to draft and submit to the Congress and the Prospective Payment Assessment Commission, within one year of this Act's enactment, legislation eliminating the differences in average standardized Medicare payments (under title XVIII of the Social Security Act) to large urban, other urban, and rural hospitals while recognizing certain cost differences among hospitals and within diagnosis related groups. Amends the Medicare program to require the Secretary to pay additional amounts to Medicare-dependent, small, rural hospitals before October 1, 1994, and to critical access facilities thereafter to ensure that their reasonable operating costs for inpatient hospital services are covered. Establishes an application process for rural hospitals which choose to be treated as urban hospitals by reason of their proximity to urban areas. Requires the recomputation of Medicare sole community hospital payment rates using the most recent information on hospital-specific costs per case and, if greater, national rather than regional prospective payment rates. Treats hospitals which are located 30 miles or more from other like hospitals, or hospitals which provide inpatient hospital services to at least 60 percent of the residents or part A (Hospital Insurance) Medicare beneficiaries within a 30-mile radius of the hospital as sole community hospitals. Requires the Secretary to report to the Congress by October 1, 1990, on the process by which sole community hospitals may appeal the Secretary's decision not to make a volume adjustment to its Medicare payment. Establishes the Medicare Geographical Classification/Critical Access Facility Review Board which shall: (1) designate certain hospitals as critical access facilities; (2) hear appeals from rural hospitals which the Secretary determines do not qualify for treatment as being located in an adjacent urban area; and (3) conduct hearings with respect to the Secretary's refusal to consider a hospital to be a sole community hospital. Defines a "critical access facility" as a small, rural hospital which due to its location, prolonged severe weather conditions, or the availability of other hospitals to serve part A Medicare beneficiaries residing in the area must receive additional payments in order to continue to deliver critical health care services. Extends the regional referral center classification of hospitals so classified as of September 30, 1989, and the Medicare payment rates applicable to such hospitals until the implementation of unified average standardized Medicare payments for large urban, other urban, and rural hospitals. Amends the Omnibus Budget Reconciliation Act of 1987 to alter the Rural Health Care Transition Grant Program by: (1) extending from two to three years the limit on the provision of grants to small, rural hospitals for modification of their services; (2) permitting the Secretary to waive the hospital grant limit; and (3) increasing and extending the authorization of appropriations for such program through FY 1992. Requires the Secretary to submit a report to the Congress by April 1, 1990, identifying laws, rules, and regulations which prevent rural hospitals from providing innovative patient services. Directs the Secretary to conduct a five-year demonstration program in five rural hospitals treating the costs of nursing services obtained pursuant to an existing agreement with a nursing school as the costs of approved educational activities for Medicare payment purposes. Amends the Omnibus Budget Reconciliation Act of 1987 to expand, from four to ten hospitals, a Medicare demonstration program covering additional costs incurred by teaching hospitals in sending their residents to small rural hospitals for training. Extends the permissible duration of such training from three months to two years. Favors projects which provide small rural hospitals with resident physicians for longer periods of time and give physicians from the small rural hospital the opportunity to work or study at the sponsoring hospital. Makes consortiums of small rural hospitals eligible to accept the services of such a resident physician.
United States · United States Congress · 22 March 1989
International Security and Satellite Monitoring Act of 1989 - Establishes the Commission on International Security and Satellite Monitoring. Requires the Commission to: (1) study areas in which the sharing of information collected by civilian remote-sensing satellites could increase international security and stability, including environmental monitoring, disaster preparedness, drug trafficking, and weapons monitoring; (2) review the status of U.S. civilian remote-sensing programs to recommend development of a coordinated policy; and (3) determine how a revised open skies policy could enhance the national security strategy of the United States. Sets forth specific factors for the Commission to consider in conducting such study. Requires the Commission to transmit a report to the President and to the Congress containing a detailed statement of its findings, conclusions, and recommendations. Terminates the Commission two years after this Act's enactment. Authorizes appropriations.
United States · United States Congress · 21 March 1989
Airport Security Technology and Research Act of 1989 - Amends the Federal Aviation Act of 1958 to require the Administrator of the Federal Aviation Administration (FAA) to: (1) initiate a rulemaking procedure and by a certain deadline promulgate a final rule regarding the installation and use of explosives detection screening equipment at all hub airports; and (2) establish guidelines for certifying the reliability and accuracy of plastic explosives detection equipment. Amends the Airport and Airway Improvement Act of 1982 to authorize appropriations for research and development regarding aviation and airport security projects and activities.
United States · United States Congress · 16 March 1989
Apex Project, Nevada Land Transfer and Authorization Act of 1989 - Directs the Secretary of the Interior to convey certain lands designated as the Kerr-McGee Site and to grant specified utility and transportation rights-of-way to Clark County, Nevada, for sale and subsequent grant to Kerr-McGee Chemical Corporation. Authorizes the Secretary to sell additional lands outside the boundaries of such Site and to grant rights-of-way necessary for development of an industrial park within the Apex Site to Clark County over a ten-year period. Requires the funds received from such sales to be deposited in the Treasury for acquisition of environmentally sensitive lands in Nevada by the Secretary. Reserves certain right-of-way corridors to the United States. Requires the Secretary to administer such corridors.
United States · United States Congress · 14 March 1989
Eliminates post-1968 service in the National Guard as a prerequisite to civil service retirement credit for former National Guard technicians. Amends the National Guard Technicians Act of 1968 to eliminate post-1968 service as a prerequisite for National Guard technicians for receipt of credit in the determination of length of Federal civil service for purposes of leave, Federal employees' death and disability compensation, group life and health insurance, severance pay, tenure, and status. Sets forth rules for applying provisions of this Act to affected individuals.
United States · United States Congress · 13 March 1989
Regional Presidential Primaries and Caucuses Act of 1989 - Prohibits any State from conducting a presidential primary election except in accordance with the provisions of this Act. Establishes seven regional primaries to be held in each presidential election year. Sets the dates for such primaries. Requires the Federal Election Commission to determine the order by lot. Provides that the first region to hold a primary may not be first in the next primary. Authorizes the Attorney General to bring a civil suit in U.S. district court when there is reason to believe that a State is holding a primary in violation of this Act. Authorizes appropriations.
United States · United States Congress · 8 March 1989
General Aviation Standards Act of 1989 - Amends the Federal Aviation Act of 1958 (with respect to aviation accident investigations) to apply such Act, with specified exceptions, to any action for damages for harm arising out of a general aviation accident brought against a manufacturer, owner, or operator of a general aviation aircraft, or a person who supports or maintains such aircraft or any other person or governmental entity. Establishes guidelines for uniform standards of liability of general aviation manufacturers for such accidents. States that all actions for harm arising out of a general aviation accident shall be governed by the principles of comparative responsibility. Establishes, with specified exceptions, a limitation of actions period of 12 years from delivery of aircraft or harm-causing part to the purchaser for general aviation civil liability brought against a general aviation manufacturer. Declares admissible as evidence certain income tax and payroll tax liability for purposes of establishing financial harm arising out of a general aviation accident. Permits the award of punitive damages if a claimant establishes by clear and convincing evidence that the harm suffered was the direct result of conduct manifesting conscious, flagrant indifference to safety. Establishes a two-year limitation of actions period for actions arising out of such an accident. Confers original jurisdiction upon the Federal district courts, concurrently with State courts, for all civil actions for harm arising out of a general aviation accident. Provides procedures for removal from State to Federal district courts of such actions. Declares that this Act supersedes any State law regarding recovery of damages for harm arising out of a general aviation accident. Declares the intent of the Congress that sanctions be strictly enforced for violations of Rule 11 of the Federal Rules of Civil Procedure, including orders to pay to the other party the reasonable costs of legal fees. Requires the Secretary of Transportation to report to the Congress, within one year after the date of enactment of this Act, the results of a study determining whether persons awarded damages for general aviation accidents under this Act are unable to collect such damages, and the amount of any uncollectible damages.
United States · United States Congress · 8 March 1989
Amends the Internal Revenue Code to make a technical correction to provisions governing the exclusion from gross income of certain allowances to Federal civilian officers and employees working in foreign areas to extend it to certain allowances of intelligence officers not already explicitly covered.
United States · United States Congress · 7 March 1989
Federal Employees Fair Tax Act of 1989 - Repeals provisions of the Tax Reform Act of 1986 that eliminated the three-year basis recovery rule in computing the amount of an employee's retirement benefits includable in gross income. Repeals Internal Revenue Code provisions that require the inclusion in income of certain distributions received before an annuity starting date.
United States · United States Congress · 2 March 1989
National Biological Diversity Conservation and Environmental Research Act - States that the conservation of biological diversity is a national priority. Requires Federal actions to be consistent with such goal. Amends the National Environmental Policy Act of 1969 to require that environmental impact statements on proposed Federal actions include any impacts on biological diversity. Requires Federal agencies to conduct annual reviews of their programs for consistency with the conservation of biological diversity pursuant to this Act and to report the results of such reviews to the President, the Council on Environmental Quality, and the Congress. Sets forth requirements for programs found to be inconsistent with this Act. Directs the President's Council on Environmental Quality to: (1) establish guidelines for consideration of biological diversity in the preparation of environmental impact statements; and (2) identify those biotic communities, species, and populations that appear to be in decline, in imminent danger of loss of viability, or otherwise of special concern. Directs the Administrator of the Environmental Protection Agency to review and comment on the adequacy of each environmental impact statement prepared under the National Environmental Policy Act of 1969 in assessing biological diversity impacts. Establishes a National Center for Biological Diversity and Conservation Research (Center) responsible for: (1) coordinating the collection of data pertaining to the national biota and supplementing and disseminating such information; (2) arranging and conducting surveys and supplementary research of the national biota; and (3) enhancing the application of biological data to the conservation of biological diversity. Establishes an Interagency Working Committee on Biological Diversity responsible for preparing a coordinated Federal strategy (Strategy) for conservation of biological diversity. Dissolves the Committee two years after this Act's enactment. Sets forth the required contents of such strategy and reporting requirements. Authorizes each agency represented on the Interagency Committee to provide grants to public agencies, private individuals, and organizations for projects to maintain or restore biological diversity. Requires that such grants be matched on at least an equal basis by the grantee, except when the grantee is a State or where the grant is provided for research. Directs each agency represented on the Interagency Committee to: (1) give high priority to research and personnel training directed towards implementation of the Strategy; and (2) assess the adequacy of its environmental research and training programs. Establishes, on a permanent basis, a National Scientific Advisory Committee on Biological Diversity which shall: (1) oversee the implementation of the Strategy; (2) advise the Interagency Committee and Federal agencies in the preparation and implementation of the Strategy; (3) assist in the coordination of interaction between Interagency Committee agencies and the Center; (4) assist in the evaluation of the impacts of proposed Federal activities on biological diversity; (5) assist in the review of Federal programs for consistency with the conservation of biological diversity and the adequacy of such programs in environmental research and training; and (6) serve as a general reference and advisory resource for the Nation in matters relating to conservation of biological diversity. Authorizes appropriations for the activities of the Center and the grant program for FY 1990 through 1992.
United States · United States Congress · 2 March 1989
High Definition Television Competitiveness Act of 1989 - Title I: Tax Incentives for Research and Development - Amends the Internal Revenue Code to repeal: (1) the termination date of the tax credit for increasing research activities; and (2) provisions denying the tax deduction for amounts allowed as a research credit. Title II: Authority to Engage in Joint Actions to Promote Development - Amends the Communications Act of 1934 to prohibit the application of antitrust laws to any cooperative high definition television (HDTV) enterprise engaged in a joint research, development, or production venture with respect to which certain notification has been given. Title III: Federal Support for Development Initiatives - Requires the Secretary of Commerce to establish: (1) a program to provide general financial assistance to cooperative HDTV enterprises to promote the discovery, development, and commercialization of HDTV technology; and (2) a separate program to provide financial assistance to support pilot manufacturing projects and experimental community demonstration related to HDTV technology. Requires the Secretary to award such financial assistance competitively. Requires the Secretary to submit to each House of the Congress and the President: (1) quarterly reports on the state of progress of the research, development, and commercialization assisted under this title; and (2) a comprehensive report on the results of the financial assistance provided under this title. Authorizes appropriations. Title IV: Coordination of Federal Procurement of HDTV Technology - Requires the Secretary to submit to each House of the Congress recommendations for establishing a mechanism to coordinate procurements of HDTV technology by specified Federal agencies. Title V: International Trade - Requires the Secretary to submit a report to the President and the Congress on the implications for international trade of HDTV technology. Title VI: HDTV Broadcast Standard - Amends the Communications Act of 1934 to authorize to be appropriated to the Federal Communications Commission (FCC) $500,000 for FY 1989 to enable the FCC to prescribe a broadcast standard for HDTV.
United States · United States Congress · 2 March 1989
Prohibits the Federal Communications Commission from adopting revisions of the rules and policies in the proceeding "Policy and Rules Concerning Rates for Dominant Carrier," CC Docket 87-313, unless the changes expressly provide for: (1) the proper functioning of the long-term support mechanisms for the carrier common line rates administered by the National Exchange Carrier Association; (2) the maintenance of uniform nationwide long distance telephone rates by dominant interexchange carriers; and (3) the use of an industry-wide rate of return to determine costs for access tariffs and to calculate the Universal Service Fund. Requires the FCC to report to the Congress the compliance of revisions with these conditions. Postpones the effectiveness of any rule or policy revisions until 60 days have elapsed during which both Houses of the Congress are in session.
United States · United States Congress · 1 March 1989
Renewable Energy and Energy Efficiency Technology Competitiveness Act of 1989 - Sets forth specified national goals for the wind, photovoltaics, and solar thermal energy programs. Requires the President's budget requests for FY 1991 to contain the recommendations of the Secretary of Energy for specified Department of Energy research and development programs for 1993, including biofuels energy systems, solar buildings energy systems, ocean energy systems, and geothermal energy. Authorizes appropriations for FY 1991 through 1993 for: (1) the wind energy research program; (2) the photovoltaic energy systems program; (3) the solar thermal energy systems program; (4) the biofuels energy systems program; (5) the solar buildings energy systems program; (6) the ocean energy systems program; and (7) the geothermal energy program. Requires the Secretary to submit an options analysis to the Congress regarding the accelerated commercialization of specified renewable energy technologies. Requires the President's budget requests for FY 1991 and 1992 to include the Secretary's recommendations of amounts to be set aside for energy efficiency research and development and demonstration initiatives. Authorizes appropriations for specified energy efficiency research and development programs for FY 1991 through 1993. Directs the Secretary to establish joint research and development ventures in specified energy technologies and to report to the Congress on the implementation of such plans. Directs the Secretary to establish the following advisory bodies: (1) Advisory Committee on Renewable Energy and Energy Efficiency Technology; (2) Advisory Subcommittee on Photovoltaic Energy Technology; (3) Advisory Subcommittee on Wind Energy Technology; (4) Advisory Subcommittee on Solar Thermal Energy Technology; (5) Advisory Subcommittee on Energy Performance in Factory-Made Housing; (6) Advisory Subcommittee on Advanced District Cooling Technology; and (7) Advisory Subcommittee on Renewable Energy and Energy Efficiency Technology Exports. Authorizes appropriations for FY 1991 through 1993 for such joint ventures. Requires the Committee on Renewable Energy, Commerce and Trade to report annually to the Congress regarding renewable energy technology exports. Authorizes appropriations for such Committee activities for FY 1991 through 1993. Amends the National Energy Conservation Policy Act to direct the Secretary to establish an information dissemination program for Federal procurement and loan officers on the benefits of solar heating and cooling technology, including site visits and technical briefings. Requires the Secretary to make annual reports to the Congress regarding the research programs and ventures under this Act. Requires each annual submission of the National Energy Policy Plan to be accompanied by a three-year strategic plan for energy technology research, development, and demonstration, including energy conservation and renewable energy technologies.
United States · United States Congress · 1 March 1989
Class Size Demonstration Act of 1989 - Directs the Secretary of Education to make demonstration grants to local educational agencies having elementary and secondary schools with large classes in order to demonstrate the advantages of reducing the size of classes. Provides for the Federal share of program payments. Authorizes appropriations for FY 1990 and thereafter.
United States · United States Congress · 1 March 1989
Administrative Law Judge Corps Act - Establishes, in Washington, D.C., an Administrative Law Judge Corps (the Corps) comprised of all current administrative law judges. States that the chief administrative law judge shall be the chief administrative officer of the Corps as well as its presiding judge. Specifies the qualifications for chief judge. States that such judge shall be appointed by the President, with the advice and consent of the Senate. Directs the chief judge to submit annual reports to the President and the Congress. Establishes divisions (to number between four and ten) within the Corps, with each division headed by a division chief judge appointed by the chief administrative law judge, with the approval of the Council of the Administrative Law Judge Corps (the first division chief judge of each division shall be appointed by the President, with the advice and consent of the Senate). Sets forth qualifications for division chief judges. Identifies initial divisions and their respective areas of jurisdiction. States that the Corps' policymaking body shall be the Council of the Corps (the Council), comprised of the chief judge and the division chief judges. Authorizes the Council to determine matters of general Corps policy, including: (1) issuance of regulations for Corps proceedings; (2) creation or abolition of divisions or regional offices; (3) contractual transactions; and (4) delegation of functions to division chief judges. Establishes a Judicial Nomination Commission to submit a list of qualified nominees for positions of chief judge and division chief judges. Prescribes a procedure for recommending appointments to the President. Directs the Corps to appoint new judges from a register maintained by the Office of Personnel Management. Confers jurisdiction upon members of the Corps to adjudicate cases under specified sections of the Administrative Procedure Act. Requires cases arising under such sections to be referred to the Corps. Directs the Council to issue regulations for assigning such cases. Provides guidelines for the removal and discipline of administrative law judges. Establishes a Complaints Resolution Board within the Corps to recommend action upon complaints against the official conduct of judges. Details the membership of such Board and the procedures to be followed. Declares Board proceedings and the contents of complaints to be privileged and confidential. Exempts documents and reports considered by the Board from the disclosure and publication requirements of the Freedom of Information Act. Exempts the Board from compliance with the public meeting requirements of specified Federal law. Authorizes appropriations.
United States · United States Congress · 1 March 1989
Amends the Internal Revenue Code to extend through 1992 the period during which qualified mortgage bonds and mortgage credit certificates may be issued. (Under current law, authority for these programs is due to expire as of 1990.)
United States · United States Congress · 28 February 1989
Amends the Federal Cigarette Labeling and Advertising Act to require that cigarettes and cigarette advertising bear a label stating the addictive quality of nicotine.
United States · United States Congress · 28 February 1989
Amends the Internal Revenue Code to permit an individual taxpayer an income tax deduction for travel, food, lodging, and transportation expenses in connection with the taxpayer's performance of services as a member of the armed forces reserves or the National Guard. Excludes the taxpayer's meal and entertainment expenses from deductability limitations in this context.
United States · United States Congress · 28 February 1989
Radio License Renewal and Improvements Act of 1989 - Amends the Communications Act of 1934 to direct the Federal Communications Commission, with respect to applications for radio license broadcast renewals, to grant a renewal if during the preceding term of the license the licensee: (1) has broadcast material responsive to issues of concern to the residents of its service area; and (2) has not committed violations of such Act or the rules or regulations of the Commission, which taken together would constitute a pattern of abuse. Authorizes the Commission to deny a renewal or grant limited renewal if an applicant has failed to meet such requirements. 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 quantity of 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 the filing of a competing application, an informal objection, or a petition to deny in exchange for the payment of anything of value by, or on behalf of, the applicant. Requires the Commission to establish a procedure for the review of informal complaints received by the Commission during the license term of a radio licensee. Authorizes the Commission to consider such complaints at the time of a license renewal if such complaints constitute a pattern of abuse for purposes of this Act or evidence of the licensee's effort to serve the public interest.
United States · United States Congress · 27 February 1989
Excludes Agent Orange settlement payments from income or resources in determining eligibility for benefits under any Federal or federally assisted program.
United States · United States Congress · 23 February 1989
Competition in Government Spare Parts Procurement Act - Amends Federal law on armed forces procurement to require a solicitation for sealed bids or competitive proposals to include, in the case of spare or repair parts (other than for small purchases), a copy of all technical data that is: (1) necessary in order to provide the part the supply of which is being solicited; and (2) owned by the United States or which the United States has the right to use, release, or disclose. Amends the Federal Property and Administrative Services Act of 1949 to establish the same requirement for nondefense procurement. Provides additional authority to the Secretary of Defense to waive the payment of costs for the release of technical data under the Freedom of Information Act. Mandates such waiver if any citizen or U.S. corporation requests such data in order to enable any offer to provide the product to which the technical data relate, or to determine whether to request source approval to qualify to make an offer. Authorizes the Secretary to require the citizen or corporation to pay a refundable deposit to cover the cost of complying with the request. Establishes similar authorities for nondefense procurement. Directs the Secretary to require by regulation that the head of an agency, in preparing a solicitation for a property procurement contract, identify those spare or repair parts for which future procurements exceeding a total amount of $10,000 over the life of the property procured are likely to be needed. Directs the Secretary to require that any contract awarded pursuant to such solicitation provide that the United States have the right to use (or have used) all technical data related to any such part in any future procurement of such part. States that such technical data rights do not apply to contracts awarded to small business concerns. Amends the Office of Federal Procurement Policy Act to establish the same technical data rights for nondefense reprocurements. Directs the Secretary of Defense to prescribe regulations which require the purchase from contractors of production special tooling and production special test equipment acquired or fabricated in the performance of contracts for the purpose of fabricating or testing the spare or repair part for which future procurements are likely to exceed $10,000. Amends the Federal Property and Administrative Services Act of 1949 to establish similar requirements. Requires the solicitation of bids or proposals separately in the case of a defense and nondefense procurement of an individual spare or repair part in which the contract amount will exceed $100,000. Amends the Office of Federal Procurement Policy Act to require the advocate for competition of an executive agency to establish a program of training and education assistance for staff specialists in engineering, technical operations, contract administration, financial management, supply management, and utilization of small business concerns. Requires the program to emphasize improving the skills of such staff in the areas of engineering and manufacturing. Repeals the three-year time limit during which the Secretary of Defense may challenge a use or release restriction asserted with respect to technical data by a contractor or subcontractor. Declares that nothing precludes the Secretary from using or releasing technical data when a contracting officer has upheld the validity of a challenge (even pending appeal) to a contractor's asserted use or release restriction. Amends the Regulatory Flexibility Act to repeal provisions which bar judicial review of regulatory flexibility analyses. Amends the Small Business Act and the Office of Federal Procurement Policy Act to require executive agencies to furnish the Secretary of Commerce for publication a notice of solicitation for bids or proposals for a contract for property or services expected to exceed $10,000 (currently, $25,000). Requires additional information to be included in such notice with respect to the machining operations necessary to produce the item. Declares that the date on which a notice is published by the Secretary is the date of actual publication of such notice, and an executive agency may not presume notice is published merely by the passage of a certain period of time. Requires any determination that it is unreasonable to specify standards to document such unreasonableness with a cost comparison. Prohibits the Secretary of Defense or the Secretary of the military department concerned from requiring a spare or repair part to meet any standard that is more stringent than a standard for an identical part approved by the Government for commercial use, unless the Secretary specifies in writing the additional standard and the justification for it.
United States · United States Congress · 23 February 1989
Expresses the sense of the Congress that science, mathematics, and technology education should be a national priority (with emphasis on an educated citizenry, curriculum planning, teacher preparation, and service to traditionally underserved students, including those from inner cities and remote areas).
United States · United States Congress · 22 February 1989
Federal Retirees Fairness Act - Requires Federal agencies to ensure that employee personnel files include information of all Federal employment for retirement purposes within 180 days after an employee begins service with an agency. Requires an agency, if an employee gives at least four months' to one year's notice of intent to retire, to: (1) inform such employee (or, if deceased, the employee's survivors) of any retirement counseling and applicable services; and (2) begin processing disability retirement applications not later than 30 days after the date of the application. Sets forth a schedule for processing applications for retirement deduction refunds and death benefits. Requires the Office of Personnel Management to compile quarterly information on the number of retirement applications submitted by agencies and their timeliness and accuracy. Requires the agency retirement counselor to conduct seminars at least twice a year.
United States · United States Congress · 22 February 1989
Provides for all Federal civilian and military retirees to receive the full cost-of-living adjustment in annuities payable under Federal retirement systems for FY 1990. (Includes benefits payable under the Civil Service Retirement and Disability System, military retirement and survivor benefit programs, the Foreign Service Retirement and Disability System, the Central Intelligence Agency Retirement and Disability System, and railroad retirement programs.)
United States · United States Congress · 22 February 1989
Amends Federal law to extend the immediate retirement provisions applicable to Federal law enforcement officers to: (1) revenue officers for the Internal Revenue Service; (2) customs inspectors for the U.S. Customs Service; (3) customs canine enforcement officers for the U.S. Customs Service; and (4) inspectors for the Immigration and Naturalization Service.
United States · United States Congress · 22 February 1989
Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act to authorize the collection from Federal tax refunds of past-due support for disabled and dependent adults whose disability originated in childhood.
United States · United States Congress · 9 February 1989
Tongass Timber Reform Act - Title I: Alaska National Interest Lands Conservation Act Amendments - Repeals specified provisions of the Alaska National Interest Lands Conservation Act (the Act) relating to: (1) the authorization of appropriations for the maintenance of the timber supply from the Tongass National Forest in Alaska to dependent industry; (2) the identification of Forest lands unsuitable for timber production; and (3) a specified report to certain congressional committees by the Secretary of Agriculture on the timber supply and demand in southeastern Alaska. Amends the Act to include in a specified report to the Congress the impact of timber management on subsistence resources, wildlife, and fisheries habitats in the Forest. Requires the Secretary to terminate, not later than 90 days after enactment of this Act, specified timber sale contracts between the United States and the Alaska Pulp Corporation and the Ketchikan Pulp Company, respectively. Title II: Wilderness - Amends the Act to designate the following lands within the Tongass National Forest as components of the National Wilderness Preservation System: (1) Anan Creek Wilderness; (2) Berners Bay Wilderness; (3) Calder-Holbrook Wilderness; (4) Chichagof Wilderness; (5) Chuck River Wilderness; (6) Kadashan Wilderness; (7) Karta River Wilderness; (8) Kegan Lake Wilderness; (9) Naha River Wilderness; (10) Nutkwa Wilderness; (11) Outside Islands Wilderness; (12) Pleasant Island-Lemesurier Islands Wilderness; (13) Pt. Adolphus-Mud Bay Wilderness; (14) Pt. Houghton-Sandborn Canal Wilderness; (15) Rocky Pass Wilderness; (16) Sarkar Lakes Wilderness; (17) South Etolin Island Wilderness; (18) South Kuiu Wilderness; (19) Sullivan Island Wilderness; (20) Trap Bay Wilderness; (21) West Duncan Canal Wilderness; (22) Yakutat Forelands Wilderness; and (23) Young Lake Wilderness.
![Official portrait of Rep. McCurdy, Dave [D-OK-4]](https://www.congress.gov/img/member/m000398_200.jpg)