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 · 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 · 25 September 1989
Authorizes the Secretary of the department in which the Coast Guard is operating to issue for a named vessel a certificate of documentation for employment in the coastwise trade of the United States.
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 · 18 September 1989
Expresses the sense of the Senate that: (1) South Korea has erected an unfair trade barrier against U.S. citrus imports under the guise of a health (Alar) concern; (2) the South Korean Government should condemn false claims of Alar in U.S. grapefruits; (3) the South Korean Government should accept the use of standardized chemical residue tests; and (4) the United States will not tolerate the practice of erecting agricultural trade barriers disguised as health claims.
United States · United States Congress · 4 August 1989
Southeast Interstate Low-Level Radioactive Waste Compact Amendments Consent Act of 1989 - Grants congressional approval to amendments made by the party States to the Southeast Interstate Low-Level Radioactive Waste Management Compact which provide for: (1) withdrawal from the Compact; and (2) the maximum length of time a party State is required to operate a regional facility.
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
Requests: (1) the Soviet Union to release the prison records of Raoul Wallenberg and account for his whereabouts; and (2) the President to pursue such release and accounting through diplomatic actions with the Soviet Union.
United States · United States Congress · 4 August 1989
Urges the President to ensure that the United States does not submit a proposal to include maritime transportation in the forthcoming General Agreement on Tariffs and Trade (GATT) discussions regarding trade-in-services industries and to oppose any proposals by foreign nations which are similar or which could result in a contraction of the U.S.-flag merchant marine.
United States · United States Congress · 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 · 20 July 1989
Directs the Secretary of the Treasury to grant duty-free treatment of bi-level rail passenger cars that are: (1) entered into the United States after March 14, 1988, and before January 1, 1989, and classified under the Tariff Schedules of the United States; and (2) designed for, and for the use of, the Florida Department of Transportation.
United States · United States Congress · 20 July 1989
Directs the Secretary of Veterans Affairs to permit burials in national cemeteries on weekends and holidays, as long as the individuals arranging such burials agree to pay the total costs involved. Directs the Secretary to permit arrangements to be made on weekends and holidays for burials in national cemeteries on weekdays.
United States · United States Congress · 17 July 1989
Florida Seminole Indian Act of 1989 - Provides for the allocation of funds awarded to the Seminole Indians in certain dockets of the Indian Claims Commission to the Seminole Tribe of Florida, the Miccosukee Tribe of Indians of Florida, the independent Seminoles of Florida, and the Seminole Nation of Oklahoma. Declares the funds allocated to each Indian tribe under this Act to be held in trust by the United States for the benefit of such tribe. Sets forth guidelines for the investment of such funds. Directs the Secretary of the Interior to compile a roll of independent Seminoles of Florida. Requires that the funds allocated to such Indians, including all accrued interest and investment income, be distributed on a per capita basis to those enrolled.
United States · United States Congress · 11 July 1989
Amends the Internal Revenue Code to reduce the individual and corporate capital gains rate from 34 percent to 15 percent. Requires indexing, based on the gross national product deflator, of the adjusted basis of certain assets (corporate stock and tangible property that is a capital asset of property used in a trade or business) that have been held for more than one year at the time of sale or other transfer, solely for the purpose of determining gain or loss.
United States · United States Congress · 23 June 1989
Urges the Government of Iran to extend to the Bahai community the rights guaranteed by the Universal Declaration of Human Rights and other human rights accords. Calls upon the President to: (1) emphasize the need for improvements in Iran's treatment of the Bahais and other religious minorities as an important factor in the development of U.S.-Iranian relations; (2) encourage other governments to appeal to Iran concerning the situation of the Bahais; (3) cooperate with other governments and international organizations in appealing for the protection of the religious rights of the Bahais; and (4) provide, and urge others to provide, refugee and humanitarian assistance for the those Bahais fleeing their homelands because of religious repression.
United States · United States Congress · 22 June 1989
Tiananmen Square Park Authorization Act - Designates the park located in front of the Chinese Embassy in the District of Columbia as Tiananmen Square Park.
United States · United States Congress · 22 June 1989
Designates the period of September 16 through October 9, 1989, as Coastweeks '89, recognizing the importance of coastal zones. Designates September 16, 1989, as National Estuaries Day and September 23, 1989, as National Beach Cleanup Day.
United States · United States Congress · 22 June 1989
Constitutional Amendment - Declares that the Congress and the States have the power to prohibit the desecrating, mutilating, defacing, defiling, or burning of the U.S. flag.
United States · United States Congress · 22 June 1989
Expresses the sense of the Senate that the current Nicaraguan refugee crisis is a direct result of Sandinista tyranny and congressional unwillingness to provide consistent support to the Nicaraguan freedom fighters.
United States · United States Congress · 21 June 1989
Repeals provisions of the Medicare Catastrophic Coverage Act of 1988 expanding coverage under part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act and imposing a supplemental premium on Medicare beneficiaries. Adjusts the Medicare part B premium to such reduction of coverage. Requires the Congress to consult with elderly individuals and organizations representing such individuals before passing long-term health care legislation.
United States · United States Congress · 16 June 1989
Tax Credit for Families Act of 1989 - Amends the Internal Revenue Code to allow a family tax credit for custodial parents of children under the age of six. Provides for a phase-out of such credit for taxpayers whose earned income exceeds $10,000. Requires employers to make advance payments of such credit to employees who provide the employer with a family tax credit eligibility certificate. Provides for the dependent care credit to apply only to the care of individuals who are handicapped. Repeals the tax exclusion for dependent care assistance programs.
United States · United States Congress · 15 June 1989
Fresh Lime Research, Promotion, and Consumer Information Act - Directs the Secretary of Agriculture to issue lime research, promotion, and consumer information orders, including orders for the creation of a Lime Board and orders imposing assessments with regard to the production and importation of fresh limes. Provides for administrative and judicial review of an order and judicial enforcement of an order. Provides for referenda among lime producers, handlers, and importers regarding orders.
United States · United States Congress · 13 June 1989
Designates June 23, 1989, as United States Coast Guard Auxiliary Day. Authorizes the President to: (1) issue a proclamation commemorating the 50 years of Coast Guard volunteer service to enhance the safety of water-related activities; and (2) call for the observation of such day with appropriate ceremonies, educational activities, and boating safety achievement programs.
United States · United States Congress · 7 June 1989
Designates August 1, 1989, as Helsinki Human Rights Day. Requests the President to: (1) reassert American commitment to the Helsinki Accords; (2) raise the issue of noncompliance with such Accords with any signatory nation which may be in violation, in particular, the Soviet Union, Bulgaria, Czechoslovakia, the German Democratic Republic, Hungary, Poland, and Romania; (3) convey to all signatories of such Accords that respect for human rights and fundamental freedoms is vital to progress in the ongoing Helsinki process; and (4) convey to U.S. allies the necessity of unity regarding such Accords.
United States · United States Congress · 2 June 1989
Expresses the sense of the Congress that: (1) a primary condition for improvement of U.S.-Ethiopian relations should be progress in human rights conditions for Ethiopian Jews; (2) the President and the Congress should condition any potential resumption of U.S. aid to Ethiopia on that government's progress in respecting human rights; and (3) the President should instruct U.S. representatives at international forums to exert pressure on the government to implement a policy for the sustained emigration of Ethiopian Jews and the reunification of separated Ethiopian families.
United States · United States Congress · 1 June 1989
United States Coast Guard Bicentennial Medal Act - Directs the Secretary of the Treasury to design, strike, and sell a medal in commemoration of the bicentennial of the U.S. Coast Guard in 1990. Requires the design of the medal to be selected by the Secretary of the Treasury after consultation with the Secretary of Transportation and the Commission of Fine Arts.
United States · United States Congress · 31 May 1989
Expresses the condolences of the Senate on the death of the Honorable Claude Pepper, a Representative from Florida and formerly a Senator from that State.
United States · United States Congress · 18 May 1989
Amends the Panama Canal Act of 1979 to prohibit the appointment of the Administrator of the Panama Canal Commission until the President certifies to the Congress that the ruling Panamanian Government is democratically elected pursuant to procedures specified in the Constitution of Panama providing for a civilian government in control of all military and paramilitary forces.
United States · United States Congress · 18 May 1989
Directs the Secretary of Defense, no later than 15 days after the enactment of this Act, to establish an Anti-Drug Task Force composed of personnel from the armed forces, the Coast Guard, and the U.S. Customs Service. Requires the Task Force, in cooperation with the Director of National Drug Control Policy, to develop a plan for the support of the drug interdiction activities of Federal law enforcement agencies, providing for the assignment of military personnel and the use of equipment and resources of the Department of Defense. Directs the Secretary and the Director, within 30 days after enactment of this Act, to report to the Congress on the activities of the Task Force.