United States · United States Congress · 24 October 1989
Designates the week of December 3 through December 9, 1989, as National Autism Week. Designates 1990 as the National Silver Anniversary Year for the Autism Society of America.
United States · United States Congress · 20 October 1989
Milk Marketing Order Equity Act of 1989 - Amends the Agricultural Adjustment Act, reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, to state that the purpose of milk orders shall be to provide an efficient milk production and distribution system that minimizes consumer cost, provides equitable milk pricing from all sources, and prohibits discriminatory pricing or other economic disincentives. Revises: (1) market area minimum aggregate adjustment levels; and (2) marketing order amendment provisions.
United States · United States Congress · 20 October 1989
Amends the Internal Revenue Code to repeal provisions that establish nondiscrimination requirements for coverage and benefits under certain statutory employee benefit plans. Reinstates prior nondiscrimination rules and modifies other provisions relating to nontaxable benefits.
United States · United States Congress · 19 October 1989
Title I: Capital Gains Provisions - Subtitle A: Reduction in Capital Gains Tax - Amends the Internal Revenue Code to reduce the capital gains tax for noncorporate taxpayers. Establishes a scale for determining such deduction up to a maximum of 35 percent after owning assets for seven years. Provides for not taking into account net capital gain under the phaseout of the 15-percent rate and personal exemptions. Provides for recapturing the gain from disposition of certain depreciable property. Subtitle B: Alternative Capital Gains Rate for Corporations - Reduces the alternative capital gains tax for corporations by establishing a scale for determining such tax rate based on ownership of assets for three to 15 years. Subtitle C: Indexing of Certain Assets for Purposes of Determining Gain - Provides for indexing assets held for more than two years as an option for individuals who elect not to take advantage of the lower capital gains rate. Title II: Individual Retirement Plus Accounts - Allows individuals to establish individual retirement plus accounts with tax treatment similar to that for individual retirement plans. Makes contributions to such accounts nondeductible. Provides for qualified distributions from such accounts, other than for general retirement purposes, including special purposes distributions made for the purchase of a first home and for medical or educational purposes. Prohibits special purpose distributions from being made during the first five years of the account.
United States · United States Congress · 19 October 1989
Expresses the sense of the Senate that: (1) the United States should continue its leadership role by encouraging all parties to the Angolan civil war to remain committed to the goals of the Gbadolite Declaration which calls for a ceasefire and the establishment of a commission for the negotiation of peace and national reconciliation; (2) the Congress should support the withdrawal of all foreign forces from Angola, an immediate resumption of the ceasefire, face-to-face negotiations between UNITA and the MPLA, the formation of a government of national unity, and the implementation of free and fair elections; (3) the United States should offer support to President Mobutu in his mediation effort; and (4) the United States should continue its policy of appropriate and effective support for UNITA until such objectives are achieved.
United States · United States Congress · 16 October 1989
Declares that the Congress acknowledges and appreciates the commitment, devotion, and sacrifices of present and former military families. Designates November 20, 1989, as National Military Families Recognition Day.
United States · United States Congress · 4 October 1989
Amends the Medicare Catastrophic Coverage Act of 1988 to repeal provisions: (1) setting a cap on an individual's out-of-pocket expenses under part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act; (2) establishing the Prescription Drug Payment Review Commission and outpatient drug study and reporting requirements; (3) creating the Federal Catastrophic Drug Insurance Trust Fund and the Medicare Catastrophic Coverage Account; and (4) imposing a supplemental Medicare premium on Medicare beneficiaries whose tax liability equals or exceeds $150. Amends part A (Hospital Insurance) of the Medicare program to cover post-hospital extended care services for up to 100 days in a calendar year and other extended care services to the extent the Secretary of Health and Human Services finds will not result in an increase of Medicare expenditures or after the acute care nature of the benefit. (Currently, coverage of extended care services is provided for up to 150 days in a calendar year.) Modifies the methods of determining the coinsurance amount required of recipients of post-hospital extended care services. Directs the Secretary to report to the Congress by February 1, 1990, on reasons for the unexpected increase in cost estimates of Medicare extended care services, including recommendations for further modification of such coverage while the provision of long-term care benefits receives consideration. Limits Medicare drug benefits to immunosuppressants and home IV drugs. Provides for the annual adjustment of the Medicare part B premium in a manner which takes into account this Act's changes in catastrophic coverage. Requires Medicare supplemental insurance policies from which individuals terminated their coverage as of January 1, 1989, (or the earliest renewal date thereafter) to offer such individual a continuation of coverage under terms respecting treatment of pre-existing conditions and group rating of premiums which are at least as favorable as terms which existed on December 31, 1988. Directs the Secretary to: (1) take this Act's amendments into account in determining the payments to be made to health maintenance organizations; (2) require such organizations to adjust their agreements with Medicare beneficiaries in consideration of such amendments; and (3) notify Medicare beneficiaries of changes made by this Act's amendments.
United States · United States Congress · 2 October 1989
Designates the week of October 22 through October 29, 1989, as National Red Ribbon Week for a Drug-Free America. Recognizes and commends the hard work and dedication of certain individuals and organizations and urges activities that support community and alcohol education during such week. Encourages Americans to wear or display red ribbons during such Week to present and symbolize their commitment to a healthy, drug-free lifestyle, and to develop an attitude of intolerance to the use of drugs.
United States · United States Congress · 28 September 1989
Designates November 11, 1989, as Washington Centennial Day in recognition of the economic, social, and historic contributions of Washington State to the United States over the past century.
United States · United States Congress · 27 September 1989
Civil Rights of Infants Act - Amends Federal law to declare it a deprivation of a right secured by U.S. laws for an individual to perform an abortion, knowing it is sought solely because of the gender of the fetus. Makes a woman seeking such an abortion not liable under these provision.
United States · United States Congress · 27 September 1989
United States Congressional Gift of Democracy to Poland Resolution - Requires the Speaker and Minority Leader of the House of Representatives, Majority and Minority Leaders of the Senate, and the Librarian of Congress to assign staff to travel to Poland and: (1) assess the training and equipment needs of the Polish Sejm and Senate; (2) assist Poland in developing an effective Parliament; and (3) within 30 days of completing such assessment, submit a report to the Congress and Librarian of Congress on its findings. Requires the leadership of the Congress, upon receipt of such report, to identify and secure the means to implement an appropriate U.S. congressional gift of democracy to Poland in the form of equipment and training for the new Senate and Sejm. Encourages the leadership to coordinate this effort with private and public sector experts and with parliaments in Western Europe. Provides for reimbursement of travel expenses.
United States · United States Congress · 22 September 1989
Small Business Disabilities Tax Credit Act of 1989 - Amends the Internal Revenue Code to allow a disability tax credit for qualified expenses to modify existing facilities, equipment, and materials to make them usable by individuals with disabilities and to make other accommodations for disabled persons. Allows a carry forward of excess qualified disability expenses. Repeals the treatment of expenditures to remove architectural and transportation barriers to the handicapped and elderly as an itemized deduction.
United States · United States Congress · 20 September 1989
Great Lakes Critical Programs Act - Amends the Clean Water Act to require the Great Lakes National Program Office: (1) by January 1991, to publish in the Federal Register proposed water quality rules for the Great Lakes System; and (2) by January 1, 1993, to publish in the Federal Register final water quality rules for the Great Lakes System and to include such rules in an identifiable section of the national water quality guidance issued under the Act. Requires the Great Lakes States to adopt water quality standards affecting the Great Lakes System which are consistent with such rules. Requires the Environmental Protection Agency (EPA), when reviewing any Great Lakes State's water quality plan, to consider the extent to which the State has complied with such rules. Requires the Program Office to ensure, for each area of concern for which the United States has agreed to draft a Remedial Action Plan, that the Great Lakes State in which such area of concern is located: (1) submits a Remedial Action Plan to the Program Office by January 1, 1992; (2) submits such Plan to the International Joint Commission by June 30, 1991; and (3) includes such Plan within the State's water quality plan by January 1, 1993. Provides that on the date that a State includes a Remedial Action Plan in its water quality plan, such State shall become eligible for monetary assistance from the EPA to implement such Plan. States that for each area of concern for which Canada has agreed to draft a Remedial Action Plan, the Program Office shall work with the Department of State to ensure that Canada submits such Plans to the International Joint Commission by June 30, 1991, and finalizes such Plans by January 1, 1993. Requires the Program Office: (1) by July 31, 1990, to publish in the Federal Register a proposed Lakewide Management Plan for Lake Michigan and solicit public comments; (2) by December 31, 1990, to submit such Plan to the International Joint Commission for review; and (3) by June 30, 1991, to publish in the Federal Register a final Lakewide Management Plan for Lake Michigan and begin implementation. Requires the Program Office to: (1) promulgate numerical standards which will allow the classification of sediments in the Great Lakes according to the extent to which such sediments assure the propagation of a balanced, indigenous population of fish, shellfish, and wildlife and permit recreation in and on the water; (2) issue regulations specifying the proper use of these sediment standards and enabling Great Lakes States to issue more stringent standards and to petition for alternate numerical standards due to differences in the chemical, physical, or biological characteristics of particular areas; and (3) identify areas within the Great Lakes which are likely to experience numerous or voluminous spills of oil or other hazardous materials and ensure the adequacy of Federal and State plans to prevent and respond to such spills. Adds specific due dates for specified tasks under an existing law provision which requires a five-year study and demonstration projects relating to the control and removal of toxic pollutants in the Great Lakes. Requires any Federal entity which conducts research related to spills of oil or hazardous materials into U.S. waters to cooperate with requests by the Research Office to conduct research into issues of importance to the Great Lakes. Requires the U.S. Coast Guard to maintain a comprehensive and current list of equipment available to respond to spills of oil and hazardous materials in the Great Lakes. Directs that such list be made available to the EPA and the Great Lakes States. States that any Federal plan to establish regional spill response teams or facilities throughout the United States shall locate at least one such team or facility in the Great Lakes. Authorizes appropriations for FY 1990 through 1993. Amends the Clean Air Act to require the EPA to oversee the establishment and operation of a Great Lakes atmospheric deposition network to monitor atmospheric deposition of toxic substances into the Great Lakes System. States that as part of this network, by December 31, 1990, the EPA shall establish, in each of the five Great Lakes, at least one facility capable of monitoring the atmospheric deposition of toxic substances in both dry and wet conditions. Requires the EPA to: (1) operate such network for a minimum of five years; (2) use the data produced by the network to identify and track the movement of toxic substances throughout the Great Lakes; and (3) assist in the development of Remedial Action Plans and Lakewide Management Plans required by the Great Lakes Water Quality Agreement. Directs the EPA to ensure that: (1) the data collected by the network is made available to the public promptly and in a format which is accessible to databases sponsored by the International Joint Commission, Canada, and State environmental agencies conducting Great Lakes surveillance and monitoring; (2) a report analyzing the data collected during the previous two years is issued by the EPA to the International Joint Commission; and (3) a report analyzing the data collected during the previous five years is issued by the EPA to the International Joint Commission.
United States · United States Congress · 20 September 1989
United Services Organization's 50th Anniversary Commemorative 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 to commemorate the 50th anniversary of the United Services Organizations (USO). Requires such coins to be emblematic of USO Services to military service personnel and families. Sets forth certain features of such coins and provides for their design, issuance, and sale. Terminates the minting of such coins after February 4, 1991. Requires surcharges from the sale of such coins to be deposited in a coinage profit fund and used for USO programs and to reduce the national debt. Directs the Secretary to report to the Congress semiannually through December 31, 1992, on activities under this Act.
United States · United States Congress · 19 September 1989
Milk Marketing Order Reform Act of 1989 - Amends the Agricultural Adjustment Act, as amended by the Agricultural Marketing Agreement Act of 1937, to replace the existing minimum price adjustments of fluid milk under Federal marketing orders with a geographic-based adjustment.
United States · United States Congress · 14 September 1989
Nonprofit Organizations Tax-exempt Bond Reform Act of 1989 - Amends the Internal Revenue Code to provide for the tax treatment of bonds of certain nonprofit tax-exempt organizations, including private nonprofit educational institutions and hospitals, in a manner similar to governmental bonds.
United States · United States Congress · 14 September 1989
Urges the President to raise the issue of the political rights of the Baltic peoples in all diplomatic contacts with the Soviet Union, particularly the talks between Secretary of State Baker and Soviet Foreign Minister Shevardnaze scheduled for September 1989, and to call upon the Soviet Union to: (1) honor international agreements and the bilateral agreements it has entered into with Latvia, Estonia, and Lithuania; (2) allow the people of Latvia, Estonia, and Lithuania their right of self-determination; (3) recognize the human rights of all peoples within the Soviet Union and under Soviet influence; and (4) replace the policy of aggressive industrialization in the Baltic states with one of environmental responsibility.
United States · United States Congress · 13 September 1989
Amends the Internal Revenue Code to reduce the occupational tax from $250 to $100 for retail dealers in liquors and in beer. Limits assessments of underpayments with respect to taxable periods beginning before July 1, 1986, in connection with such tax. Abates assessments and refunds overpayments of any post-1987 tax.
United States · United States Congress · 13 September 1989
Poland and Hungary Democracy Act of 1989 - Title I: Enterprise Funds in Poland and Hungary - Authorizes appropriations to the President for promoting the development of the Hungarian and Polish private sectors through the support of a Polish-American Enterprise Fund and a Hungarian-American Enterprise Fund. Allows the President to designate two private, nonprofit organizations as the Funds. Requires the President to designate an executive agency to grant such monies to the Funds. Permits the agency to use a specified amount of such monies for carrying out functions under this title. Makes certain commodities eligible for assistance programs under the Agricultural Act of 1949 and the Agricultural Trade Development and Assistance Act of 1954 available to the Funds to generate local currencies. Authorizes grants to be made to the Funds only if the Funds are in compliance with this title. Provides for annual audits of the Funds. Requires the Funds to ensure that: (1) each recipient of Fund assistance keeps separate accounts and financial records; and (2) the Funds have access to such records for audit purposes. Directs each Fund to publish annual reports. Title II: Labor Market Transition - Requires the Secretary of Labor to provide technical assistance to Poland and Hungary for the implementation of labor market reform and to facilitate adjustment during the period of economic transition and reform. Authorizes the Secretary to transfer a specified amount from Department of Labor funds to provide such assistance. Title III: Environmental Initiatives - Authorizes the Administrator of the Environmental Protection Agency to: (1) undertake environmental protection activities in Hungary and Poland; and (2) use specified amounts of funds made available for FY 1990 through 1992 under the Clean Water Act and other authorizing statutes to carry out such activities. Requires the Administrator to: (1) establish an air quality monitoring network in the Krakow metropolitan area; and (2) improve water quality and the availability of drinking water in such area. Directs the Administrator to work with U.S. and Hungarian officials and private parties to establish and support a center in Budapest, Hungary, for facilitating cooperative environmental activities between governmental experts and U.S. and Eastern and Western European organizations.
United States · United States Congress · 12 September 1989
Global Climate Change Prevention Act of 1989 - Title I: Agriculture and Global Climate Change - Subtitle A: Office of Climate Change - Establishes in the Office of the Secretary of Agriculture the Office of Climate Change to coordinate policy, planning, research, and response strategies relating to climate change issues. Directs the Secretary to conduct a study of the implications of global climate change for agriculture and forestry. Subtitle B: Research on Global Warming, Forests, and Agriculture - Domestic Research on Global Warming, Forests, and Agriculture Act of 1989 - Directs the Secretary to conduct studies on: (1) the effects of global warming on rice production; (2) the effects of global warming on major U.S. crops; (3) methane emissions from irrigated rice production; (4) emissions from nitrogen intensive crops; and (5) forest emissions. Establishes in the Department of Agriculture the Methane Emissions Evaluation, Use, and Control Program and a related technical advisory committee. Title II: Forestry and Global Climate Change - Subtitle A: International Forestry Cooperation - International Forestry Cooperation Act of 1989 - Authorizes the Secretary to: (1) undertake international forestry activities; (2) undertake tropical reforestation and conservation activities; and (3) expand the capabilities and facilities of the Caribbean National Forest and Institute of Tropical Forestry in Puerto Rico. Subtitle B: Forestry Planning and Global Warming - Amends the Forest and Rangeland Renewable Resources Planning Act of 1974 to consider the effects of climate change in developing plans for units of the National Forest System. Subtitle C: Urban Forestry - Directs the Secretary to carry out an urban forestry energy conservation education and accelerated planting program. Subtitle D: Biomass Energy Demonstration Projects - Authorizes the Secretary to carry out projects that demonstrate the potential of short-rotation forestry methods to produce wood for electricity production and industrial energy needs. Subtitle E: Forestry Research and Global Warming - Amends the Forest and Rangeland Renewable Resources Research Act of 1978 to include the effects of weather, climate, and air pollution on forests and rangelands among the areas of research under such Act. Subtitle F: Conservation Reserve Program - Directs the Secretary to take steps to meet the conservation reserve program tree planting goal. Subtitle G: Interagency Cooperation on Forestry and Climate Change - Directs the Secretary to enter into an agreement with the Secretary of Defense to manage Department of Defense forests and lands.
United States · United States Congress · 12 September 1989
International Climate Change Prevention Act of 1989 - Title I: Focusing Forestry and Energy Cooperation with Key Newly Industrializing, Middle-Income, and Low-Income Developing Nations - Directs the Agency for International Development (AID) to submit to the Congress a report which: (1) examines the potential contributions of developing countries to future global emissions of greenhouse gases under different economic growth scenarios; (2) estimates the relative contributions of such countries to global greenhouse gas emissions; and (3) identifies specific key industrializing, middle-income, and low-income developing countries (key countries) which stand to contribute significantly to global greenhouse gas emissions and in which actions to promote energy efficiency, reliance on renewable energy resources, and conservation of forest resources could significantly reduce emissions of greenhouse gases. Authorizes AID to use funds appropriated for the Foreign Assistance Act of 1961 (the Act) to reimburse U.S. agencies, State agencies, and institutions of higher learning for the full costs of employees detailed or assigned to AID for the purposes of carrying out activities relating to forestry and energy programs aimed at reducing emissions of greenhouse gases related to global warming. Title II: Tropical Forestry Assistance - Requires AID to focus tropical forestry assistance programs on key countries. Allows funds appropriated for the Act to be used by AID to support tropical forestry programs aimed at reducing emissions of greenhouse gases related to global warming with regard to those key countries referred to in this Act in which deforestation makes a significant contribution to global warming. Directs the President, in providing assistance relating to tropical forests, to assist countries in developing a systematic analysis of the appropriate use of their total tropical forest resources. Directs the Administrator of AID to assist the Consultative Group on International Agricultural Research in its efforts to strengthen their work on tropical forestry. Directs the President, in undertaking tropical forestry-related activities with key countries, to emphasize a cooperative partnership approach. Sets forth specific items for the President to emphasize. Provides that AID's policy dialogue with key countries and other developing countries should: (1) encourage reform of economic and other policies that encourage deforestation and land misuse; and (2) encourage policies that promote sustainable forest land and resource use. States that AID should work with other bilateral and multilateral donors to increase support for assistance in conservation and sustainable use of tropical forests. Directs the Administrator and the Secretary of State to undertake initiatives to promote multilateral cooperation and stimulate actions by international institutions to reduce net greenhouse gas emissions from forests. Title III: Grassroots Involvement in Tropical Forest Ecosystem Management - Authorizes AID to undertake a program to encourage grassroots involvement in tropical forest ecosystem management. Enumerates specifically authorized activities. Title IV: Energy Assistance - Directs AID to focus energy assistance activities on key countries where such assistance would have the greatest impact on reducing emissions from greenhouse gases. Requires such assistance to be focused on improved energy efficiency, increased use of renewable energy resources, and national energy plans which include investment in end use efficiency and renewable energy resources. Allows funds appropriated for the Act to be used by AID for the purpose of supporting energy programs aimed at reducing emissions of greenhouse gases related to global warming with regard to key countries. Expresses the sense of the Congress that AID should increase its efforts in the fields of energy efficiency, renewable energy, and energy planning. States that such increase should take place with respect to key countries and countries with large Economic Support Fund project assistance. Enumerates what such efforts should include. Provides that the policy dialogue undertaken by AID should encourage: (1) reform of economic and other policies that encourage construction of new energy facilities in lieu of more cost-effective conservation and energy efficiency measures or that encourage wasteful use of existing energy; (2) the adoption of policies that provide incentives for increasing the efficiency of energy use in all sectors; (3) the development of "least cost" energy-sector investment plans; (4) the reform of energy pricing regimes so that electricity tariffs more closely meet the long-run marginal cost of supply and so that fossil fuel prices more closely meet international prices; and (5) more efficient market structures for traditional biomass fuels. Directs AID to work with other bilateral and multilateral donors to increase support for assistance in energy policy, energy planning, and energy efficiency. Authorizes appropriations for FY 1990 and 1991. Title V: Multilateral Programs - Directs the Secretary of the Treasury to instruct the U.S. Executive Director to each multilateral development bank to promote the adoption by that bank of a policy to achieve a maximum impact from activities relating to energy and tropical forestry by focusing such activities on the key countries whose actions in the areas of energy and forestry could have a substantial impact on the reduction of emissions of the greenhouse gases related to global warming.
United States · United States Congress · 7 September 1989
Commends the crew members of, and Federal Aviation Administration personnel involved with, United flight 232 for their efforts on behalf of the passengers of that flight.
United States · United States Congress · 4 August 1989
Legislative Line Item Veto Act of 1989 - Amends the Impoundment Control Act of 1974 to grant the President legislative line item veto rescission authority. Authorizes the President to rescind all or part of any budget authority if the President determines that such rescission: (1) would help balance the Federal budget, reduce the Federal budget deficit, or reduce the public debt; (2) will not impair any essential Government functions; and (3) will not harm the national interest. Requires the President to notify the Congress of such a rescission by: (1) special message not later than 20 calendar days after enactment of appropriations legislation; or (2) special message accompanying the budget when such rescissions have not been proposed previously for that fiscal year. Makes such a rescission effective unless the Congress, during a review period of 20 calendar days, enacts a rescission disapproval bill. 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 · 4 August 1989
Amends the Internal Revenue Code to remove charitable contributions of appreciated capital gain property as an item of tax preference for purposes of the alternative minimum tax.
United States · United States Congress · 4 August 1989
Prohibits the Environmental Protection Agency (EPA) from enforcing, during the 12-month period following the enactment of this Act, its underground petroleum storage tank financial responsibility regulations promulgated pursuant to the Solid Waste Disposal Act with respect to certain underground tank owners. Permits enforcement after such period if the Administrator of the EPA determines that such enforcement would not impose an unjust economic burden on the owners. Requires the Administrator to conduct a study for the purpose of identifying the principal economic difficulties associated with compliance by underground tank owners with EPA technical standards for such tanks. Directs the Administrator to report the results of such study to specified congressional committees.
United States · United States Congress · 3 August 1989
Amends the Internal Revenue Code to set as the amount of a qualified artistic charitable contribution for income tax deduction purposes the fair market value of the property contributed (determined at the time of contribution). Defines "qualified artistic charitable contribution" as the contribution of any literary, music, artistic, or scholarly composition, letter or memorandum, or similar property, but only if: (1) it was created by the personal efforts of the taxpayer making the contribution no less than one year prior to the contribution; (2) a written appraisal of fair market value is included with the tax return; and (3) the donee's use of the property is related to the purpose or function constituting the basis for the donee's tax exemption. Limits the amount of qualified artistic charitable contributions available to a taxpayer in any taxable year. Prohibits public officials from taking a deduction for the donation of their papers if the papers were generated as their work product while employed as State or Federal officers or employees. Disregards the deduction for qualified artistic charitable contributions when determining alternative tax itemized deductions.
United States · United States Congress · 3 August 1989
Amends the Internal Revenue Code to exclude from the gross income of an individual the following qualified employer-provided transportation benefits: (1) the value of transportation in a commuter highway vehicle between the employee's residence and workplace; and (2) up to $30 per month of the value of any transit pass entitling the employee to transportation on mass transit facilities.
United States · United States Congress · 1 August 1989
Amends the Regulatory Flexibility Act to provide for: (1) judicial review of certain administrative certification decisions; and (2) regulatory flexibility analysis of Internal Revenue Service (IRS) rules. Defines "impact" to mean the effects of a proposed or final rule which an agency can anticipate at the time of publication and includes the effects imposed by such rule.
United States · United States Congress · 1 August 1989
Amends the Communications Act of 1934 to require the Federal Communications Commission to ensure that interstate and intrastate telecommunications relay services are available to hearing-impaired and speech-impaired individuals in the United States. Requires every common carrier to provide such telecommunications relay services individually or through designees or in concert with other carriers within two years after enactment of this Act. Directs the Commission to adopt regulations to implement this Act.
United States · United States Congress · 31 July 1989
Child Abuse During Pregnancy Prevention Act of 1989 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services, through the Director of the Office of Substance Abuse, to award grants to States to develop and operate five pilot projects to demonstrate the effectiveness of, and expense associated with, providing outreach, education, and treatment services concerning substance abuse to pregnant and postpartum females and their infants. Sets forth application and evaluation requirements. Directs the Secretary to conduct a study regarding specified aspects of substance abused infants and to report to the appropriate committees of the Congress. Authorizes appropriations for FY 1990.
United States · United States Congress · 27 July 1989
Corporation for Small Business Investment Charter Act - Amends the Small Business Investment Act of 1958 to give a licensee in good standing three months from the date the Small Business Administration receives notice that it is ready to conduct business to qualify for doing so with the Corporation for Small Business Investment and a special-purpose trust established by this Act. Requires the Administration, within six months after receiving notice that a licensee is ready to conduct business, to promulgate regulations to effect the termination of operations of any licensee which has not qualified for conducting business with the Corporation for Small Business Investment and the Trust. Establishes the Corporation for Small Business Investment and requires it to maintain its principal office in the District of Columbia. Requires the President to appoint an interim board of directors for it. Sets forth procedures for selecting the Corporation's permanent board. Describes the Corporation's stock structure. Authorizes any depository institution to: (1) make payments to the Corporation of capital contributions; (2) receive the Corporation's stock as evidence of capital contributions; and (3) dispose of such stock. Authorizes the Corporation to issue nonvoting preferred stock. Sets forth limitations on obligations and securities issued by the Corporation. Authorizes the Secretary of the Treasury to purchase obligations issued by the Corporation. Sets forth limitations on the amount and yield of such purchases and requires advance approval of the Congress. Makes all obligations issued by the Corporation acceptable as security for all fiduciary, trust, and public funds controlled by the United States. Authorizes the Corporation to issue commitments or otherwise deal in small business investment securities after the permanent board has been duly constituted. Sets forth the procedure for perfecting a security or ownership interest in small business investment securities created by the Corporation. Authorizes the Corporation to guarantee specified securities. Sets forth criteria for the qualifications of small business investment companies to conduct business with the Corporation. Authorizes the Corporation to enter into agreements with small business investment companies. Authorizes such companies to provide equity capital and loans to small-business concerns. Limits small business investment companies to activities contemplated by this Act and sets forth procedures for eliminating conflicts of interest. Requires the Corporation to adopt a rule prohibiting small business investment companies from assuming control over small-business concerns except on a temporary basis. Sets forth restrictions on the financing of small business investment companies. Exempts loans from small business investment companies to small business concerns from the provisions of the Constitution or State laws that limit the terms of such loan, unless the exemption is overriden by a State. Requires the Corporation to adopt criteria for making investments in disadvantaged small business concerns. Establishes a special-purpose trust which shall operate in accordance with a trust agreement between it and the Corporation. Sets forth procedures for appointing trustees. Requires the trust to establish separate accounting for all preferred securities, debentures, loss reserves, and other funds acquired and to make an annual accounting of its operations to the Secretary of the Treasury. Requires the Administration, within 30 days after receiving notice from the Corporation that it is prepared to conduct business, to convey it all of the right, title, and interest to all securities and outstanding debentures issued by small business investment companies which are not in liquidation. Requires the trust to apply all of the funds held in trust and income to: (1) cover any losses realized on debentures purchased or guaranteed by the Corporation; (2) reduce the interest rate on debentures issued by special small business investment companies; (3) purchase preferred securities issued by special small business investment companies; and (4) cover the operating costs of administering the trust. Authorizes the trustees of the trust to purchase preferred securities and the Corporation to purchase or guarantee the payment of principal and interest on debentures issued by special small business investment companies. Sets forth the terms and conditions for small purchases. Authorizes a special small business investment company to request the Corporation to purchase or guarantee debentures issued by such company. Provides that all outstanding preferred securities purchased by the trust from special small business investment companies shall be redeemed and transferred to the U.S. Treasury 50 years after the effective date of this Act. Authorizes appropriations for FY 1990 through 1994. Gives the Administration review authority over the Corporation. Requires that the Corporation's books be audited annually and that a report of each such audit be made by the Secretary of the Treasury to the President and to the Congress' small business committees. Subjects the Corporation's books and records to audit by the General Accounting Office at the request of either of the Congress' small business committees and by the Administration's Office of Inspector General while specified debentures remain outstanding. Requires the Corporation to transmit to the President and the Congress' small business committees an annual report. Directs the Administration to enter into a contract with the Corporation which provides for the administration, management, and servicing by the Corporation of the Administration's interests in all small business investment company securities the Administration guaranteed or or purchased before a certain date. Provides for an annual fee to be paid by the Administration for the Corporation's services.
United States · United States Congress · 25 July 1989
Title I - Product Liability Reform Act - Declares that this Act governs any product liability action brought against a manufacturer or product seller, on any theory, for harm caused by a product. States that a civil action brought against a manufacturer or product seller for loss or damage to a product itself or 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, including an action to abate a nuisance, that authorizes a State or person to institue an action 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. Declares that U.S. district courts shall not have jurisdiction over any civil action under this Act, based on specified provisions of Federal law relating to district court jurisdiction. Declares that, if any provision of this Act would shorten the period during which a manufacturer or seller would otherwise be exposed to liability, the claimant may, notwithstanding that period, bring any civil action under this Act within one year after the effective date of this Act. Title II - Allows any claimant to bring a civil action for damages against a person for harm caused by a product under applicable State law, except to the extent such law is superseded by this title. Sets forth expedited settlement measures, including: (1) an option to include an offer of settlement, for a specific dollar amount, by the plaintiff in the complaint and by the defendant in a responsive pleading; and (2) awarding attorney's fees and costs, in certain circumstances, to the prevailing party if the other party does not accept the settlement offer. Sets forth alternative dispute resolution procedures, including: (1) an option, in lieu of or in addition to a settlement offer, for a claimant or a defendant to offer to proceed under any voluntary alternative dispute resolution procedure established or recognized under the law of the State in which the action is brought or maintained; and (2) awarding of attorney's fees and costs to the offering party if the court determines that a refusal to so proceed was unreasonable or not in good faith. Creates a rebuttable presumption that a refusal to so proceed was unreasonable, or not in good faith, if a verdict is rendered in favor of the offeror. Title III - Allows a person seeking to recover for harm caused by a product to bring a civil action against the manufacturer or seller under applicable State or Federal law, except to the extent such law is superseded by this Act. Establishes a standard of product seller liability for proximate causes of harm, established by a preponderance of the evidence, which fall under the categories of negligence or express warranty. Allows the trier of facts, in a negligence action, to consider the conduct of the seller with respect to: (1) the construction, inspection, or condition of the product; and (2) failure to pass on warnings or instructions from the manufacturer. Deems the seller not liable for failure to provide warnings or instructions unless the claimant establishes that the seller failed to: (1) provide warnings or instructions received while the product was in the seller's possession and control; or (2) make reasonable efforts to provide users with warnings and instructions which it received after the product left its possession and control. Deems a seller not liable except for breach of warranty where there was no opportunity to inspect the product in a manner which would or should, in the exercise of reasonable care, have revealed the aspect which allegedly caused the harm. Declares that the seller shall be treated as the manufacturer and be liable for harm caused by a product as if it were the manufacturer if: (1) the manufacturer is not subject to service of process in any State in which the action might have been brought; or (2) the court determines that the claimant would be unable to enforce a judgment against the manufacturer. Allows punitive damages, if otherwise permitted by applicable law, to be awarded in any civil action under this title to any claimant who establishes by clear and convincing evidence that the harm suffered was the result of conduct manifesting a manufacturer's or product seller's conscious, flagrant indifference to the safety of those persons who might be harmed by a product. Declares that a failure to exercise reasonable care in choosing among alternative product designs, formulations, instructions, or warnings is not of itself such conduct. Prohibits awarding punitive damages in the absence of a compensatory award, subject to exception. Prohibits punitive damages against a manufacturer or seller of a drug or medical device where: (1) the drug or device was subject to pre-market approval by the Food and Drug Administration (FDA); or (2) the drug is generally recognized as safe and effective under conditions established by the FDA. Prohibits punitive damages against a manufacturer of an aircraft where: (1) the aircraft was subject to pre-market certification by the Federal Aviation Administration (FAA); and (2) the manufacturer complied, after delivery, with FAA requirements and obligations with respect to continuing airworthiness. Provides for separate proceedings, if requested by the manufacturer or seller, with regard to punitive damages. Lists factors the trier of fact is allowed to consider in determining the amount of punitive damages. Bars any civil action under this title: (1) unless filed within two years after the claimant discovered or should have discovered the harm and its cause, subject to exception; and (2) if the product involved is a capital good that is alleged to have caused harm which is not a toxic harm unless filed within twenty-five years after delivery of the product, provided the claimant has received or would be eligible for State or Federal workers' compensation. Excludes a motor vehicle, vessel, aircraft, or railroad used primarily to transport passengers for hire from these time limitations. States that nothing in these provisions affects the right of any person who is subject to liability under this Act to obtain contribution or indemnity from any other person who is responsible for the harm. Requires reduction in the damages awarded by the sum of all State or Federal workers' compensation benefits to which the employee is or would be entitled. Requires an action to be stayed, at the sole discretion of the claimant, until a final determination is made on the amount payable as workers' compensation benefits. Declares that, unless the manufacturer or seller has expressly agreed to indemnify or hold an employer harmless, neither the employer nor the workers' compensation insurance carrier shall have a right of subrogation, contribution, or implied indemnity against the manufacturer or seller or a lien against the claimant's recovery. Prohibits a third party tortfeasor, where workers' compensation is involved, from maintaining any action for implied indemnity or contribution against the employer, any coemployee, or the exclusive representative of the injured person. Prohibits, for a person who is or would have been entitled to receive workers' compensation, any other action, unless a State or Federal workers' compensation law permits recovery based on a claim of an intentional tort. Makes these provisions inapplicable and declares that applicable State law shall control if the employer or the workers' compensation insurer asserts a right of subrogation, contribution, or implied indemnity against the manufacturer or seller or a lien against the claimant's recovery. Declares that, in any product liability action, the liability of each defendant for noneconomic damages shall be several and not joint. Requires the trier of fact to determine the proportion of responsibility of each party for the claimant's harm. Establishes a complete defense, in any civil action under this Act in which all defendants are manufacturers or sellers, that the claimant was under the influence of alcohol or any drug and that, as a result, the claimant was more than 50 percent responsible for the event which resulted in the harm. Defines "drug" to mean any non-over-the-counter drug which has not been prescribed by a physician.
United States · United States Congress · 24 July 1989
Self-Employed Equity Act - Amends Internal Revenue Code provisions relating to the income tax deduction for the health insurance costs of self-employed individuals to: (1) increase the allowable deduction from 25 percent to 100 percent; and (2) make the deduction permanent (under current law it will expire after tax year 1989).
United States · United States Congress · 24 July 1989
Amends the Internal Revenue Code to exclude from the minimum coverage requirements for pensions all railroad employees who are not covered by a collective bargaining agreement which includes a qualified cash or deferred arrangement pension plan.
United States · United States Congress · 20 July 1989
Emergency Chinese Immigration Relief Act of 1989 - Amends the Immigration and Nationality Act to provide for the adjustment to temporary or permanent resident status, or change to another nonimmigrant status, of certain nonimmigrant (student, exchange visitor) nationals of the People's Republic of China. (Waives the two-year home country residence requirement for "J" visa exchange visitors.) Authorizes such persons to travel abroad and to work in the United States. Establishes a deferred departure period for such persons through June 5, 1993. Authorizes the Attorney General as of June 5, 1990, to terminate such deferred departure period if the President certifies to the Congress that conditions in China have changed.
United States · United States Congress · 19 July 1989
Great Lakes Maritime Trade Act of 1989 - Title I: Eligibility of Certain Reflagged Vessels in the Great Lakes to Carry Preference Cargoes - Exempts an American Great Lakes vessel (AGLV) from provisions of the Merchant Marine Act, 1936 which prohibit a vessel which is built or rebuilt outside the United States or documented under any foreign registry from being, for purposes of cargo preference provisions, a privately owned U.S.-flag vessel. Directs the Secretary of Transportation to designate a vessel to be an AGLV if it meets certain requirements regarding U.S. documentation and if the owner enters into a construction and purchase agreement specifying that: (1) all repair, maintenance, reconditioning, and other construction (except emergency repairs) shall be performed in the United States; and (2) if the designation is revoked or terminated under provisions of this Act, the United States shall have an exclusive right to purchase the vessel under specified price terms. Declares that, notwithstanding any law, if the United States does not purchase the vessel, the owner shall not be prohibited from transferring the vessel to a foreign registry or selling it to a non-U.S. citizen. Prohibits an AGLV, except during the Great Lakes shipping off-season, from engaging in trade: (1) from a non-Great Lakes U.S. port; (2) between U.S. ports; or (3) between Great Lakes U.S. ports and Great Lakes Canadian ports. Directs the Secretary of Transportation to revoke the designation of a vessel as an AGLV on determining that the vessel does not meet a requirement for the designation, it has been operated in violation of this title, or the owner has violated a construction and purchase agreement under this title. Terminates an AGLV designation three years after the date of the designation or on an earlier date as may be requested by the vessel owner. Title II: Great Lakes Maritime Passage Enhancements - Amends the Merchant Marine Act, 1936 to extend indefinitely, with regard to certain cargo preference provisions, the requirement that the Secretary of Transportation take steps to preserve the percentage share, or metric tonnage of bagged, processed, or fortified commodities experienced in calendar year 1984, of waterborne cargoes exported from Great Lakes ports pursuant to specified provisions of the Agricultural Trade Development and Assistance Act of 1954. Directs the Secretary of the Army, notwithstanding specified requirements of the Water Resources Development Act of 1986, to initiate and complete the design, planning, and engineering of the Sault Sainte Marie lock project. Extends the authorization of such project to the end of FY 1993. Directs the Secretary of State to: (1) initiate discussions with Canada to eliminate all tolls on the Great Lakes and the Saint Lawrence Seaway; and (2) report to the Congress, by January 1, 1990, regarding those efforts, any results, and recommendations for further action. Declares that it is the sense of the Congress that: (1) funding for icebreaking capability in the Great Lakes should be maintained at a level sufficient to ensure passage under any conditions which may reasonably be expected to occur during the Great Lakes shipping season; and (2) it is essential to maintain in the Great Lakes an icebreaking vessel with horsepower and beam equivalent to those of the Coast Guard cutter Mackinaw.