United States · United States Congress · 11 July 1989
Battery Recycling and Research Act of 1989 - Amends the Solid Waste Disposal Act to prohibit the disposal of used lead-acid batteries except through recycling as specified under this Act. Requires any individual, retail or wholesale seller, or manufacturer of such batteries to dispose of batteries only by delivery to an authorized secondary lead smelter, an authorized collection or recycling facility, or other specified entities. Sets penalties for violations of this Act. Establishes additional battery collection requirements, including requirements that: (1) retailers give written notice to customers about the illegality of improperly discarding used motor vehicle, and other types of, lead-acid batteries; and (2) retailers, wholesalers, and manufacturers accept such batteries for recycling without charge. Authorizes the Administrator of the Environmental Protection Agency to: (1) prescribe regulations, including a model notice for use by retailers; and (2) inspect any establishment subject to this Act and issue warnings and citations to individuals for failures to comply. Prohibits the sale of any lead-acid battery not bearing a permanent label containing information about the illegality of improper disposal and the requirement that retailers must accept used lead-acid batteries for recycling in exchange for new batteries purchased. Directs the Administrator to study and report to the Congress on the disposal and potential recyclability of household dry-cell batteries.
United States · United States Congress · 29 June 1989
Coastal Barrier Improvement Act of 1989 - Amends the Coastal Barrier Resources Act to remove references to unconsolidated sedimentary materials from the definition of "undeveloped coastal barrier." Establishes the Coastal Barrier Resources System, to consist of those undeveloped coastal barriers on the U.S. coasts identified on specified maps. Directs the Secretary of the Interior to submit such maps to specified congressional committees, each State and county jurisdiction in which a System unit is located, each coastal zone management office, and each appropriate Federal agency. Allows the Secretary to make minor and technical changes to the boundaries of System units within 180 days of filing the maps, as consistent with this Act and necessary to clarify the boundaries. Allows the head of each State coastal zone management agency to submit proposals for such changes. Sets forth exceptions, with regard to existing limitations on expenditures, relating to energy resources, navigation channels, certain publicly owned or operated roads or structures, military activities essential to national security, Coast Guard facilities, and other matters if consistent with the purposes of this Act. Directs the Secretary to submit to specified congressional committees maps identifying the boundaries of those undeveloped coastal barriers along the U.S. Pacific coast appropriate for inclusion in the System. Authorizes appropriations to carry out specified provisions of the Act.
United States · United States Congress · 28 June 1989
Alzheimer's Disease Research and Training Act of 1989 - Authorizes appropriations, in addition to amounts otherwise authorized for FY 1990, to conduct biomedical research relating to Alzheimer's disease in order to increase, by at least 50 percent, the number of approved investigator-initiated grant proposals funded in accordance with the recommendations of the Advisory Panel on Alzheimer's Disease. Directs the Secretary of Health and Human Services, from amounts appropriated under this authorization, to provide specified minimum amounts: (1) to the Alzheimer's Disease Research Centers (ADRC) for specified activities and facilities; (2) to the National Institute on Aging (NIA); and (3) for the purpose of expanding construction on the ADRC. Requires that at least 70 percent of the funds appropriated be administered by the National Institute on Aging and at least 15 percent by the National Institute of Mental Health (NIMH) and the National Institute of Neurological Disorders and Stroke. Requires research activities conducted with the funds to be coordinated by the Alzheimer's Disease Coordinating Committee of the National Institutes of Health and the Council on Alzheimer's Disease. Authorizes appropriations for each fiscal year to be used by the Secretary to conduct research and prepare evaluations on Alzheimer's disease services, psychosocial issues, and behavioral management methods. Requires that, of the amounts appropriated under this authorization, specified sums be made available to: (1) establish not more than ten Health Services Research Centers on Alzheimer's Disease to work in conjunction with the ADRC; and (2) carry out the Alzheimer's Disease and Related Dementias Service Research Act, to be used by the NIA, the NIMH, the National Center for Health Services Research and Health Care Technology Assessment, and the Health Care Financing Administration. Authorizes appropriations for FY 1990 through 1992 to establish Centers for Health Services Research on Alzheimer's Disease and Related Dementias. Requires research that receives assistance to be coordinated through the ADRCs in existence on the date of enactment of this Act. Specifies the types of research to be conducted. Authorizes appropriations for FY 1990 to be used by the Secretary of Health and Human Services for training professionals, paraprofessionals, and support personnel responsible for the care of, or working with, patients with Alzheimer's disease and related dementias.
United States · United States Congress · 27 June 1989
Christopher Columbus Coin and Fellowship Act - Title I: Christopher Columbus Quincentenary Coins - Christopher Columbus Quincentenary Coin Act - Directs the Secretary of the Treasury to mint and issue not more than a specified number of five dollar gold coins, one dollar silver coins, and half dollar clad coins emblematic of the quincentary of the discovery of America. Sets forth certain features of such coins and provides for their design, issuance, and sale. Terminates the minting of such coins after June 30, 1993. Requires the Secretary to deposit surcharges from the sale of such coins in the Christopher Columbus Fellowship Fund for use by the Christopher Columbus Fellowship Foundation. Declares that no law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out this Act, except that this provision shall not relieve any person from complying with any law relating to equal employment opportunity. Title II: Christopher Columbus Fellowship Foundation - Christopher Columbus Fellowship Act - Establishes the Christopher Columbus Fellowship Foundation to award fellowships to outstanding individuals to encourage new discoveries in all fields of endeavor for the benefit of mankind. Establishes the Christopher Columbus Fellowship Fund. Directs the Foundation to report to the President and to the Congress annually on its operations.
United States · United States Congress · 27 June 1989
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 Organization (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 · 23 June 1989
Designates September 1989 as National Minority Health Awareness Month. Directs the Secretary of Health and Human Services to: (1) make publicly available information on minority health problems and minority health professionals' careers and contributions; and (2) present public service announcements on health promotion and disease prevention among minority Americans.
United States · United States Congress · 22 June 1989
Treats Hong Kong as a separate foreign state rather than a colony or dependent area for U.S. immigration purposes, beginning in FY 1990 (thereby increasing the number of visas chargeable to Hong Kong).
United States · United States Congress · 21 June 1989
Requires the Consumer Product Safety Commission to promulgate a safety standard under the Consumer Product Safety Act to require manufacturers of liquid consumer products to include denatonium benzoate in the products if the products present a hazard if ingested by children.
United States · United States Congress · 21 June 1989
Stratospheric Ozone Protection Act of 1989 - Amends the Clean Air Act to list as class I and II substances which are known or may reasonably be anticipated to contribute to stratospheric ozone depletion. Authorizes any person to petition the Administrator of the Environmental Protection Agency (EPA) to add a chemical to such lists. Requires the Administrator to: (1) add to the class I list any substance having an ozone depletion potential greater than .15; (2) add to the class II list any substance having a significant ozone depletion potential; and (3) assign each listed substance a numerical ozone depletion potential factor, based upon a comparison with chlorofluorocarbon-11. Directs producers and importers of such substances to report annually to the Administrator on the production or import levels of such substances. Makes it unlawful to produce such substances in an amount greater than 1986 levels effective 180 days after enactment of this Act. Requires a further reduction by July 1, 1993, and makes it unlawful, effective July 1, 1996, to produce such substances for other than medical purposes. Authorizes the Administrator to promulgate rules under which persons may produce such substances in annual quantities greater than those specified under this Act if such persons obtain the rights to such production from other persons who will be subject to enforceable reductions in such substances which: (1) exceed the reduction otherwise required; (2) are greater than the annual production increase; and (3) would not have occurred in the absence of such transaction. Makes it unlawful to produce any listed substance which yields an ozone depletion potential greater than the 1986 depletion level. Requires the Administrator to promulgate regulations requiring a 95 percent reduction in ozone depletion potential of such substances by 1997. Provides that if the Administrator fails to promulgate such regulations, it shall be unlawful, effective July 1, 1997, to produce such substances in annual quantities yielding ozone depletion potentials greater than five percent of the 1986 depletion level. Directs the Administrator to promulgate regulations requiring producers of such substances to reduce production more rapidly if the accelerated schedule is necessary to protect human health and the environment or if the reduction is attainable, based on the availability of substitutes for such substances. Prohibits the importation of such substances or products using such substances, unless the exporting nation has an equivalent or more stringent production reduction program. Requires the Administrator to certify national programs, such certification to be reviewed annually. Equates imports with production when determining a manufacturer's required reductions. Directs the President to prohibit: (1) the export of technologies to produce class I substances; and (2) investment in facilities for producing such substances in nations which are not certified. Requires the Administrator to: (1) review sources containing information on potential chemicals or product substitutes and alternative manufacturing processes as replacements for class I substances; (2) report such findings to the Congress; (3) require producers to provide the EPA with their unpublished health and safety studies on chemical substitutes for such substances and notify the EPA before existing chemicals are put to significant new uses as chlorofluorocarbon and halon substitutes; and (4) annually update such review and, two years after this Act's enactment, include class II substances in such review. Directs the Administrator to promulgate rules applicable to replacements for such substances to require that processes and products that reduce overall risks to public health and the environment are used. Requires the Administrator to publish a list of prohibited substitutes and safe alternatives. Authorizes any person to petition the Administrator to add or remove a substance from such list. Makes it unlawful, after 1992, to manufacture or import any household or commercial appliance containing such substances unless such appliances have apertures that allow the removal of such substances without loss into the atmosphere. Prohibits, after 1990, the introduction of such substances into interstate commerce in pressurized containers weighing less than 15 pounds. Requires the Administrator to promulgate regulations requiring the maximum feasible reductions in the use of class I substances, including measures to: (1) recover and recycle such substances in manufacturing processes and prior to disposal of products containing such substances; (2) increase the efficiency of the use of such substances; (3) provide for the use of safe alternatives; (4) achieve reductions of at least 50 percent in the use of class I substances for servicing and repairs of household and commercial appliances and in the manufacture of products in which such substances are used as solvents or blowing agents; and (5) achieve reductions, without reduced fire safety, in releases associated with discharges of such substances from fire prevention or extinguishing equipment. Prohibits business establishments from performing services on motor vehicle air conditioners involving refrigerants, unless approved refrigerant recycling equipment is used and persons performing such services have been properly trained and certified. Applies such requirement three years after this Act's enactment to establishments which performed service on fewer than 100 air conditioners during 1990. Requires such establishments to certify to the Administrator that they meet such requirements or serviced fewer than 100 air conditioners during 1990. Requires containers of listed substances to bear labels stating that such substances harm public health and the environment by destroying the ozone layer and disrupting the climate.
United States · United States Congress · 21 June 1989
Emergency Chinese Adjustment of Status Facilitation Act of 1989 - Waives the two-year home country residence requirement for nationals of the People's Republic of China in the United States on a student (J) visa. Continues the legal status of nonimmigrant nationals of the People's Republic of China in the United States for adjustment or change of status purposes.
United States · United States Congress · 21 June 1989
Fair Labor Standards Amendments of 1989 - Amends the Fair Labor Standards Act of 1938 (the Act) to increase the minimum wage per hour from $3.35 in 1989 to: (1) $3.80 in FY 1990; and (2) $4.25 in FY 1991 and thereafter. Provides for annual adjustments of the minimum wage. Directs the Minimum Wage Review Board (established by this Act), by January 1, 1991, to review current economic data on wages, prices, and other economic indicators and determine how the minimum wage rate should be adjusted. Directs the Board, by October 1, 1991, to transmit to the Congress a recommendation to adjust the rate, including an estimate of the economic effects of doing so. Directs the Board to conduct such reviews and transmit such recommendations annually. Establishes the Minimum Wage Review Board, composed of five members appointed by certain congressional officers. Increases the small business exemption by revising the definition of an enterprise engaged in commerce for purposes of coverage under the Act ("the enterprise test"). Exempts from such coverage those businesses whose annual gross volume of sales or business is less than $500,000 (currently $362,500), effective October 1, 1989. Requires employers who were covered in 1988, but who are exempt under the new threshold, to continue to pay the $3.35 per hour minimum wage (and continue to be covered by overtime and child labor provisions of the Act). Removes the Virgin Islands from coverage by provisions for special industry committee minimum wage determinations and orders, including those involving employment under special certificates for learners, apprentices, and messengers and for students. Adds references to American Samoa under such provisions (American Samoa is currently covered by such provisions through references under other special minimum wage provisions). Removes references to Puerto Rico under such provisions, but continues and revises the special minimum wage treatment of Puerto Rico as follows: (1) in addition to designated types of employees (Federal, hotel, motel, restaurant, and food service) entitled to receive the full Federal minimum wage, employees in industries averaging $4.65 or more per hour would be so entitled; (2) employees in industries averaging from $4.00 to $4.64 per hour would receive the full rate by October 1, 1993, after a four-year period of gradual increases; (3) employees in industries averaging less than $4.00 per hour would receive the full rate by October 1, 1994, after a five-year period of gradual increases; and (4) employees of the Commonwealth of Puerto Rico, or a municipality or other governmental entity of the Commonwealth, in categories averaging less than $4.00 per hour and covered by 1985 amendments to the Act, would receive the full rate by October 1, 1995, after a six-year period of gradual increases. Increases the tip credit under the Act from 40 percent to 45 percent for FY 1990 and to 50 percent for FY 1991 and thereafter. (The tip credit deems the amount paid to a tipped employee, for minimum wage purposes, to be increased by an amount determined by the employer, but not by an amount in excess of the specified percentage of the applicable minimum wage rate.) Allows employers to pay a training wage at less than the minimum wage rate. Allows such training wage to be paid only: (1) until the employee has been employed a cumulative total of 60 days by all employers who are required to withhold payroll taxes for such employee; and (2) while such eligible employee is engaged in on-the-job training which is at least 30 days in duration. Prohibits payment of such training wage to migrant or seasonal agricultural workers or nonimmigrant aliens. Makes the individual responsible for providing proof of previous periods of employment with other employers. Allows such training wage to be paid only during the period from October 1, 1989, to September 30, 1991. Sets such training wage at: (1) not less than $3.35 per hour during the year beginning October 1, 1989; and (2) beginning October 1, 1990, not less than $3.35 per hour or 85 percent of the minimum wage, whichever is greater. Prohibits layoffs or termination of employment or reduction of the number of regular employees because of the training wage. Prohibits employee hours at the training wage during any month from exceeding one-fourth of all employee hours in the establishment. Sets forth notice requirements and enforcement provisions. Directs the Secretary of Labor (the Secretary) to report to the Congress by July 1, 1992, on the effectiveness of the training wage. Exempts from overtime provisions of the Act up to ten hours in any workweek if during such time the employee is receiving certain remedial education. Expresses the sense of the Senate that the rights and protections of the Act should apply to employees of the Senate or any office thereof. Directs the Senate Committee on Rules and Administration, within 180 days after the first minimum wage increase under this Act, to report a resolution which applies such rights and protection to Senate employees and establishes the scope of such coverage and remedies, enforcement, and other necessary procedures. Applies the rights and protections under the Act to any employee: (1) in an employment position in, and any employing authority of, the House of Representatives, using remedies and procedures under the Fair Employment Practices Resolution; or (2) employed under the Architect of the Capitol. Adds civil penalties for repeated or willful violations of specified provisions of the Act. Directs the Secretary, within 90 days, to promulgate regulations that interpret a specified professional exemption from overtime provisions under the Act to include computer systems analysts, software engineers, and other similarly skilled professional workers, even if such employees are compensated on an hourly basis, as long as they are compensated at an hourly rate at least six and one-half times greater than the minimum. Directs the Minimum Wage Review Board to contract with the Secretary to provide for the Bureau of Labor Statistics to conduct: (1) a study of the impact of increasing the Federal minimum wage on rural areas and high unemployment areas; and (2) specified surveys and research on the characteristics of minimum wage employment and the impact of modification of the scope of coverage and minimum wage levels under the Act. Directs the Board to submit to specified congressional committees the results of such studies and surveys, which are to be completed by specified deadlines.
United States · United States Congress · 21 June 1989
Federal Facilities Radioactive Waste Control Act - Amends the Solid Waste Disposal Act to provide that source, special nuclear, or byproduct materials generated at Federal facilities which are mixed with hazardous wastes listed under such Act shall be subject to regulation under such Act for hazardous waste constituents and the Atomic Energy Act of 1954 for radioactive constituents.
United States · United States Congress · 21 June 1989
Product Liability Reform Act of 1989 - Declares that this Act governs any product liability action brought in any State or Federal court against a manufacturer or product seller, on any theory, for harm. States that a civil action brought against a manufacturer or product seller for commercial loss shall be governed by applicable commercial or contract law. Supersedes any inconsistent State law regarding recovery in such actions. Lists specific laws not superseded, including: (1) defense of sovereign immunity asserted by any State or by the United States; (2) any Federal law (except the Federal Employees Compensation Act and the Longshore and Harbor Workers' Compensation Act); (3) the Foreign Sovereign Immunities Act of 1976; (4) State choice-of-law rules; (5) the right of any court to transfer venue or to apply the law of a foreign nation or to dismiss a claim of a foreign nation or citizen on the ground of inconvenient forum; and (6) any statutory or common law cause of action which is not an action for harm caused by a product or an action to abate a nuisance and which is for civil damages or civil penalties, clean up costs, injunctions, restitution, cost recovery, punitive damages, or any other form of relief from contamination or pollution of the environment or the threat of it. Makes this Act (except provisions relating to workers' compensation offset) inapplicable to any product liability action brought in State or Federal court, on any theory, for harm caused by asbestos or asbestos products. Provides that, with respect to civil actions brought for vaccine-related injury or death, if specified provisions of the Public Health Service Act (PHSA) take effect and establish a Federal rule of law or defense applicable to such actions, then this Act does not affect the application of such rule of law or defense and any conflicting rule or defense prescribed by this Act shall not apply to such an action. Provides that if there is an aspect of such an action for which a PHSA rule or defense does not apply, then this Act or otherwise applicable law will apply to such aspect. Establishes a standard of manufacturer liability in product liability actions for proximate causes of harm, established by a preponderance of the evidence, which fall under the categories of: (1) negligence; (2) strict product liability; or (3) intentional wrongdoing. Provides that negligence shall be in terms of a manufacturer's failure to act as a reasonably prudent person would with respect to product design, construction, warnings, or instructions. Provides that strict liability shall be with respect to a product's being in an unreasonably dangerous defective condition in: (1) deviation from standards; (2) nonconformance with an express warranty; (3) failure to contain adequate warnings or instructions; or (4) design (in which case State law governs with respect to establishment of a prima facie case). Provides that a manufacturer's intentional wrongdoing shall be determined under applicable State law. Sets forth a defense to manufacturer liability based on a product's inherent characteristics. Provides that a product shall not be considered to be in an unreasonably dangerous defective condition if the product aspect which allegedly caused the harm cannot be made safe and is not dangerous to an extent beyond that which would be contemplated by the ordinary person who uses or consumes the product with the knowledge common to the community as to its characteristics. Provides that such defense does not limit a manufacturer's liability solely because the risk of harm is patent, open, or obvious. Provides that a manufacturer shall not be relieved of liability on the grounds that the product that allegedly caused the harm was unavoidably unsafe, unless the product is a drug or medical device. Provides that in product liability actions involving an improperly designed and unavoidably unsafe drug or medical device, the manufacturer's liability shall be determined under State law (and the state-of-the-art defense under this Act shall not apply). Sets forth a state-of-the-art defense. Provides that the manufacturer shall not be liable for the design of the product if the manufacturer establishes by a preponderance of the evidence that at the time the product left its control: (1) the manufacturer did not and could not know that the product was in an unreasonably dangerous defective condition because of its design in light of knowledge reasonably available to experts; or (2) there was not a feasible alternative design that would have prevented the harm without substantially impairing the reasonably anticipated or intended function of the product (considering specified factors). Makes the state-of-the-art defense inapplicable if the court finds, on its own or on a party's motion, that a claimant has established by a preponderance of the evidence that the product is so unsafe compared to its usefulness that it should not have been marketed. Sets forth standards for product warnings and instructions. Provides that a product is in an unreasonably dangerous defective condition because it failed to contain adequate warnings and instructions if reasonably prudent, adequate warnings or instructions, in the light of knowledge reasonably available to experts, on the aspect (including a design aspect) which caused the harm: (1) did not accompany the product at the time it left the manufacturer's control; or (2) were not given on a timely basis by the manufacturer before the harm. Requires that specified factors be considered. Establishes, in addition to the general standard of manufacturer's liability, a presumption of liability applicable to manufacturers of fire fighting equipment or protective clothing for harm suffered by any fire fighter performing interior structural firefighting if: (1) the harm was the result of the use of such equipment or clothing which left the manufacturer's control after the enactment of this Act; and (2) the equipment or clothing did not comply with the OSHA (Occupational Safety and Health Act) fire brigade occupational safety and health standards or a more stringent State standard. Establishes a standard of product seller liability in product liability actions for proximate causes of harm, established by a preponderance of the evidence, which fall under the categories of: (1) negligence; (2) express warranty; or (3) intentional wrongdoing. Provides that such negligence shall be in terms of a product seller's failure to exercise reasonable care with respect to the product. Provides that it shall not be such a failure based on an alleged failure to inspect a product where there was no reasonable opportunity to inspect it in a manner which would or should, in the exercise of reasonable care, have revealed the aspect which allegedly caused the harm. Provides that such product seller's express warranty must be independent of any express warranty of the manufacturer. Provides that a product seller's intentional wrongdoing shall be determined under applicable State law. Establishes an additional product seller liability as a manufacturer. Makes the product seller liable as if it were the manufacturer if: (1) the manufacturer is not subject to service of process under the laws of the State in which the claimant brings the action; or (2) the court determines that the claimant would be unable to enforce a judgment against the manufacturer. Sets forth a defense based on a claimant's being, as a result of the influence of intoxicating alcohol or any non-over-the-counter drug which has not been prescribed for the claimant by a physician, more than 50 percent at fault for the harm. Reduces the manufacturer's or product seller's liability for damages by the percentage of responsibility for the harm attributable to misuse or alteration of a product. Allows punitive damages to be awarded, to the extent provided by applicable State law, if the claimant establishes by clear and convincing evidence that the manufacturer or product seller engaged in conduct giving rise to punitive damages under applicable State law, with the following exception. Provides that a failure to exercise reasonable care in selecting among alternative product designs, formulations, instructions, or warnings shall not, by itself, constitute conduct that may give rise to punitive damages. Requires separate proceedings for punitive damages if such separate proceedings are requested by the defendant. Makes evidence in such separate proceedings which is relevant only to the claim of punitive damages inadmissible in any proceeding for compensatory damages. Directs the trier of fact, in determining the amount of punitive damages, to consider all relevant evidence, including specified factors. Prohibits punitive damages against a manufacturer of a drug or medical device unless the claimant establishes by clear and convincing evidence that the manufacturer or product seller engaged in conduct giving rise to punitive damages under applicable State law and unless the manufacturer engaged in: (1) intentional and wrongful withholding or misrepresentation of information, material and relevant to the harm, which either was required to be submitted before the approval of the drug or device or was related to the safety and efficacy of the drug or device after its approval, under the Federal Food, Drug, and Cosmetic Act (FFDCA) or the Public Health Service Act; or (2) a violation of the FFDCA which was material and relevant to the harm and was committed with the intent to defraud or mislead, as determined by the court and proven by clear and convincing evidence. Prohibits punitive damages against a drug manufacturer where the harm is alleged to relate to the adequacy of the packaging or labeling of a drug required to have tamper-resistant packaging (and related labeling), unless the drug is found by clear and convincing evidence to be substantially out of compliance with Federal regulations. Makes findings with respect to punitive damages relating to drugs and medical devices inadmissible in any criminal proceeding. Requires that civil actions subject to this Act be brought within two years from the time the individual discovered or should have discovered the harm and its cause, with the following exception. Bars actions for harm caused by a product which is a capital good unless the complaint is served and filed within 25 years of the date of delivery of the product to its first purchaser or lessee who was not engaged in the business of selling or leasing it or using it as a component in the manufacture of another product. Applies this capital goods rule only if: (1) the court determines that the claimant has received or would be eligible to receive State or Federal workers' compensation for the harm; and (2) the harm did not include chronic illness. Reduces any damages awarded under this Act by the amount paid in workers' compensation benefits which the claimant-employee is or would be entitled to receive. Provides for such reduction only where the employer or the employer's workers' compensation insurance carrier does not have a lien against the claimant's recovery in a product liability action against a claimant or product seller. Provides that determinations under this Act of workers' compensation benefits shall have no binding effect on, and shall not be used as evidence in, any other proceeding. Allows the claimant to stay product liability actions under this Act until the workers' compensation benefits have been determined. Provides that the employer and its insurance carrier shall have no right of subrogation, contribution, or implied indemnity against an award made under this Act, unless the employer establishes, and the trier of fact determines, that the harm was not caused in any way by fault of the employer or a co-employee. Prohibits any third-party tortfeasor from maintaining any action for implied indemnity or contributions against the employer, any co-employee, or the exclusive representative of the injured party. Provides that nothing in this Act shall affect any provision of State or Federal workers' compensation law which: (1) prohibits a person who is or would have been entitled to receive compensation under such law, or any derivative claim, from recovering in any other action against an employer, employer's insurer, co-employee, or exclusive representative; or (2) permits recovery based on an intentional tort by the employer or co-employee. Declares that this Act's restrictions on third-party claim tortfeasors shall not apply and applicable State law shall control if the employer or its insurer, in a product liability action subject to this Act, asserts or attempts to assert, because of provisions relating to its lack of fault under this Act, a right of subrogation, contribution, or implied indemnity against the manufacturer or product seller or a lien against the claimant's recovery from them. Sets forth standards, procedures, and sanctions relating to frivolous pleadings under this Act. Provides for the availability of information under this Act. Provides that U.S. district courts shall not have jurisdiction over any civil action arising under this Act. Requires the court in which any action is brought under this Act, upon the application of any party to the action, to refer the action to mediation, unless the court determines that the action involves novel or unsettled issues of law or is otherwise unsuitable for mediation. Allows the court to impose fees to cover the costs of the mediation. Makes mediation statements, briefs, and summaries inadmissable in any court or any other evidentiary proceeding. Requires the evaluation by the mediation panel to include a separate award for each claim, crossclaim, counterclaim, or third-party claim. Requires each party to file an acceptance or rejection of the panel's award, with special procedures for multiple parties. Requires that the action proceed to trial with respect to any claim for which any party rejects the mediation award. Makes the findings, evaluations, and awards of the panel and the parties' acceptance or rejection inadmissable at trial. Requires the rejecting party to pay the opposing party's costs, upon request, unless the verdict is more favorable to the rejecting party than the mediation award. Requires each State Attorney General and the Administrative Office of the U.S. Courts to report to the Attorney General, and the Attorney General to report to the Congress regarding implementation of the mediation provisions of this Act. Sets forth definitions under this Act. Excludes commercial loss from the definition of harm. Defines harm as any of the following caused by a product: (1) personal physical illness, injury, or death; (2) mental anguish or emotional harm caused by or causing personal physical illness or injury; or (3) physical damage to property other than the product itself. Directs the Secretary of Commerce (the Secretary) to report to the Congress on the effect of the implementation of this Act upon the cost and availability of product liability insurance. Sets forth requirements relating to the information on which such report is based. Requires such a report annually for ten years, after which the Secretary shall report on the costs and benefits of continuing such reports and continue them only if so requested by a majority of specified congressional committees. Directs the Secretary to report to the Congress on what information is needed to enable the Congress to measure the effect of product liability reforms on product liability actions. Requires consultation with specified entities in making such report. Requires specified information to be included in such report. Requires the report to be submitted within 18 months after the enactment of this Act. Directs the Secretary to report to the Congress on the effect of this Act upon product liability actions, product manufacturers, and product sellers (including small businesses), claimants, and Federal and State courts. Requires such report to assess specified factors. Requires such a report to be made biennially five times, after which the Secretary shall report on the costs and benefits of continuing such reports and continue them only if so requested by a majority of specified congressional committees. Directs the Secretary, upon determining that sufficient data does not exist to measure the effect of product liability reform on litigation, to report on what information is needed to enable the Congress to measure the effect of product liability reforms on product liability actions. Requires consultation with specified entities in making such report. Requires specified information to be included in such report. Requires the report to be submitted within 18 months after enactment of this Act. Declares that this Act shall not apply to any product liability cause of action arising from the use of a product before the date of enactment of this Act against a person who is a debtor in a case commenced on a specified date under bankruptcy provisions of Federal law.
United States · United States Congress · 20 June 1989
Emergency Response Equipment Inventory Act of 1989 - Amends the Federal Water Pollution Control Act to direct the National Response Center (NRC) to establish, maintain, and annually revise a nationwide computerized listing of emergency response resources which are available to, and appropriate for use by, the National Response Team (NRT) in responding to: (1) discharges and substantial threats of discharge of oil which are within the scope of the National Oil and Hazardous Substances Pollution Contingency Plan; and (2) releases and substantial threats of release of hazardous substances, pollutants, and contaminants within that scope. Directs the NRC to provide continuous access to such information to regional response teams and centers, on-scene coordinators, and all State and local government officials responsible for directing responses to such discharges or releases. Requires the head of each Federal agency having a representative on the NRT to ensure that all such individuals have ready accessibility to all relevant, unclassified data. Directs the President to take such actions as may be necessary to encourage appropriate international organizations to establish an international inventory of emergency response resources.
United States · United States Congress · 15 June 1989
Job Corps Amendments Act of 1989 - Amends the Job Training Partnership Act (the Act) to revise provisions for the Job Corps. Raises the maximum age limit for Job Corps enrollees from 22 to 25, and repeals authority to waive the age limitation for handicapped individuals. Declares that nothing in the Act prohibits transfer of Job Corps participants to and from Training Services programs for the disadvantaged. Increases from ten to 20 percent the maximum percentage of Job Corps enrollees who may be nonresident participants in any year. Prohibits the Secretary of Labor (the Secretary) from reducing the number of residential participants during any program year below their number during program year 1989. Prohibits any Department of Labor funds from being used to: (1) close any Job Corps Center that was operating during program year 1989; or (2) carry out any contract with a nongovernmental entity to administer or manage a Civilian Conservation Center of the Job Corps which was not under such a contract as of September 1, 1984. Directs the Secretary to provide child care at or near Job Corps centers for the children of Job Corps participants. Requires each Job Corps Center to provide alcohol or drug abuse counseling, treatment, and related prevention services for enrollees.
United States · United States Congress · 15 June 1989
Condemns the brutal treatment of, and blatant discrimination against, the Turkish minority by the Government of Bulgaria. Calls upon the Bulgarian authorities to cease all such discriminatory practices, release all those imprisoned because of their participation in nonviolent political acts, and honor its obligations concerning the right of all Bulgarians to emigrate. Urges the President and Secretary of State to make strong diplomatic representations to Bulgaria protesting its treatment of its Turkish minority and to raise this issue in all appropriate international fora.
United States · United States Congress · 14 June 1989
Federal Health Insurance Equity Act of 1989 - Directs the Secretary of Health and Human Services to establish by rule national minimum standards regarding the provision of health insurance to persons with pre-existing conditions. Describes elements required to be included. Requires that, within 24 months of establishment of the standards and notwithstanding other laws: (1) each sponsor of a health benefit plan comply with the standards; and (2) each State adopt the standards and assume responsibility for enforcing them through assessment of penalties. Requires States to notify the Secretary when they have done so and the Secretary to certify that they have adopted the standards and assumed such responsibility. Prohibits the Secretary, in the case of a State that must enact legislation in order to adopt and assume responsibility for enforcing the standards, from refusing to certify a State before the close of the first regular session of the State legislature that begins after establishment of the standards. Directs the Secretary to withdraw a State's certification for stated reasons. Provides, with regard to a sponsor who does not comply with the standards, for civil monetary penalties, subject to exception, and for liability to individuals for damages.
United States · United States Congress · 14 June 1989
Defense Program Management Improvement Act - Revises provisions relating to the qualifications, duties, term, and other administrative matters relating to major defense program managers. Outlines the following requirements concerning such program managers: (1) requires each to be a civilian; (2) requires each such position to be filled in a GS-13 through 15 pay grade; (3) specifies the term of such managers; (4) sets forth job evaluation procedures for such managers; (5) requires each to report and take direction from a civilian line of authority of senior acquisition personnel only; (6) authorizes such managers to receive information and employs members of the armed forces; and (7) allows members of the armed forces to be program managers only after resigning or agreeing not to reenlist in the armed forces. Directs the Secretary of Defense to establish a personnel system with a career path for civilian personnel within the Department of Defense. Requires the Secretary to begin implementing such system within three years after enactment of this Act. Requires certain educational and experiential qualifications of program managers under such system. Specifies educational requirements for persons who are program managers after two years after enactment of this Act but before the establishment of such personnel system.
United States · United States Congress · 13 June 1989
Amends the National Labor Relations Act to make it an unfair labor practice for an employer, upon the conclusion of a strike, to fail to reinstate employees with greater seniority rights than employees who returned to employment during the strike and whom the employer seeks to retain.
United States · United States Congress · 13 June 1989
Amends the Railway Labor Act to make it unlawful for any carrier, upon the conclusion of a strike, to fail to reinstate any employee with greater seniority rights than any employee who returned to employment during the strike and whom the employer seeks to retain.
United States · United States Congress · 13 June 1989
Adds a new title to the Maritime Act of 1981, designating the new title as the Port Improvement Act of 1989. Directs the Secretary of Transportation, through the Federal Maritime Administration, and the Secretary of Commerce (the Secretaries) to jointly establish a program to make loans to port agencies for financing and refinancing improvements to facilities at deep-draft ports. Limits the aggregate amount of loans to: (1) a specified dollar amount in a five-fiscal-year period; and (2) 50 percent of the cost of the improvements. Requires the remaining percentage to come from non-Federal sources. Prohibits loans for any activity which is eligible for assistance as a water resource project carried out by the Secretary of the Army through the Chief of Engineers. Sets forth procedures and criteria for selection of loan recipients. Requires a set-aside of 20 percent of amounts appropriated from the Port Improvement Revolving Loan Fund each year for improvements at small deep-draft ports. Limits loans to a maximum of 20 years. Requires repayment at an interest rate which: (1) will ensure that the amount in the Fund will increase at approximately the rate of inflation; and (2) is less than market rates for such loans. Establishes in the Treasury the Port Improvement Revolving Loan Fund, to consist of amounts: (1) transferred to the Fund equal to specified percentages of customs duties collected during FY 1989 through 1991; (2) deposited in the Fund as repayment of loans made under this Act; and (3) credited to the Fund from interest on and proceeds from the sale or redemption of investment of amounts in the Fund. Directs the Secretaries to establish a permanent advisory board to advise the Secretaries on matters related to this Act.
United States · United States Congress · 13 June 1989
Designates August 1, 1989, as Helsinki Human Rights Day. Authorizes and 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 · 13 June 1989
Urges the administration to refrain from submitting any proposal to include maritime transportation in the forthcoming General Agreement on Tariffs and Trade (GATT) discussions regarding trade in services industries and to oppose any proposals by foreign nations which are similar or which could result in a contraction of the U.S.-flag merchant marine.
United States · United States Congress · 13 June 1989
Expresses congressional concern regarding the actions of the Government of the Socialist Federal Republic of Yugoslavia for repeated human rights violations and the brutal handling of the crisis in the Socialist Autonomous Province of Kosovo. Urges the Yugoslav Government to assure that further violence does not occur and assure protection of the rights of the Albanian minority in Yugoslavia. Calls upon: (1) the President and the Department of State to continue to monitor closely human rights conditions in Yugoslavia; and (2) the President to express these concerns to Yugoslav representatives.
United States · United States Congress · 8 June 1989
Hazardous Materials Transportation Act Amendments of 1989 - Amends the Hazardous Materials Transportation Act (the Act) to require the Secretary of Transportation to issue regulations requiring any generator of a shipment of hazardous materials to transmit a manifest of its contents and the license plate or other identifying number of the carrier to the central reporting system and data center. Requires the Secretary to enter into a contract under which a private entity shall establish a central reporting system and data center to provide law enforcement and firefighting personnel with information and advice on dealing with emergencies connected with the transportation of hazardous materials (currently the Secretary is required to establish and maintain such a system and data center). Prohibits the appropriation of Federal funds for such system and data center. Permits the private entity to impose a fee for manifesting such a shipment if the generator is a Federal agency. Directs the Secretary to study the flow of hazardous materials in the United States. Requires the Secretary, in collaboration with the private entity, to report the results of such study to the Congress. Increases both civil and criminal penalties for violations under the Act. Sets forth specified terms and conditions with respect to the private entity's establishment and maintenance of the reporting system and data center.
United States · United States Congress · 8 June 1989
Correctional Education Assistance Act of 1989 - Directs the Secretary of Education to make grants to State and local educational agencies and community-based organizations for educational programs for inmates of correctional institutions. Requires such programs to include teaching of the following types of skills: (1) academic and cognitive skills; (2) citizenship, parenting, and other affective skills, and (3) employment-related and vocational training skills. Authorizes appropriations. Directs the Secretary to establish and operate the Center for Correctional Education for statistics and information, research, staff training, and technical assistance relating to correctional education. Authorizes appropriations.
United States · United States Congress · 8 June 1989
Directs the Secretary of Health and Human Services to enter into an agreement for the transfer of specified monkeys used in research at the Institute for Behavioral Research in Silver Spring, Maryland, to Primarily Primates, Inc., an animal sanctuary in San Antonio, Texas, the teaching zoo known as Moorpark College in Moorpark, California, or the San Diego Zoo in San Diego, California.
United States · United States Congress · 8 June 1989
Urges the President to address basic human needs as a priority of foreign assistance to Central America. Urges the Administrator of the Agency for International Development to: (1) strengthen programs to address the needs of victims of war, including amputees; (2) increase the number of immunizations provided to Central Americans; (3) strengthen programs to reduce child mortality from diarrheal disease; (4) develop strategies to provide universal literacy for primary school age children; and (5) develop a program to provide safe water supplies to rural areas. Urges the President to increase funding for targeted assistance under the Agricultural Trade Development and Assistance Act of 1954, and structure food assistance consistent with the recommendations of the International Commission for Central American Recovery and Development. Urges the President to request full funding for payment of the United States assessed contribution to the Pan American Health Organization, including payment of all arrearages.
United States · United States Congress · 7 June 1989
Authorizes the Speaker of the House of Representatives and the President pro tempore of the Senate to present a bronze medal to individuals: (1) who were members of the armed forces and were present in Hawaii on December 7, 1941; and (2) who participated in combat operations that day against Japanese military forces attacking Hawaii. Directs the Secretary of the Treasury to strike such medals. Authorizes the Secretary to provide for the sale of bronze duplicates of the medal. Authorizes appropriations which are to be reimbursed out of the proceeds from sales of the medals.
United States · United States Congress · 6 June 1989
White House Conference on Homelessness Act - Directs the President to call a National White House Conference on Homelessness. Provides for State and regional conferences. Requires a report to the President and to the Congress. Authorizes appropriations.
United States · United States Congress · 5 June 1989
Local Community Emergency Assistance Act of 1989 - Repeals provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985 that terminated the general revenue sharing program. Revives the program retroactively as of April 7, 1986. Redesignates the program as the Local Community Emergency Assistance Program. Authorizes appropriations for FY 1990 through 1992 for the program. Specifies the amount which may be appropriated to the State and Local Government Fiscal Assistance Trust Fund to pay entitlement amounts to local governments. Increases the maximum percentage of a State's allocation that may be allocated to a local government.
United States · United States Congress · 1 June 1989
Job Center Network Act of 1989 - Directs the Secretary of Labor to establish and operate a demonstration program under which a grant shall be made to each of three eligible States to establish a centralized job center network program to coordinate employment and training resources. Authorizes appropriations for such grants from amounts transferred to the Employment Security Administration Account. Requires recipient States to establish a job center network program and a system of community-based job centers to administer it at the local level, and to report annually to the Secretary. Requires the Secretary to submit an interim report to the Congress on the demonstration program within two years, and a final report within four years. Requires each entity receiving Federal financial assistance for economic development to provide State public employment service offices with regularly updated listings of its job vacancies related to assisted activities.
United States · United States Congress · 25 May 1989
Preventive Health Measures Act of 1989 - Title I: Preventive Health Amendments to Public Health Service Act - Amends the Public Health Service Act to authorize appropriations from FY 1990 through 1992 for the provision of grants for preventive health services other than immunizations. Includes programs for the deterrence of smoking and substance abuse by children and adolescents among the preventive health service programs receiving grants. Authorizes appropriations from FY 1990 through 1992 for the Preventive Health and Health Services Block Grant program. Authorizes States to use grant amounts on demonstration projects for the inclusion of preventive health courses in the curriculum of schools that train health professionals. Title II: Preventive Health Amendment to Maternal and Child Health Services Block Grant - Amends title V (Maternal and Child Health Services) of the Social Security Act to increase authorized appropriations under such title from FY 1990 through 1992. Title III: Preventive Health Amendments for the Elderly under Medicare and under Internal Revenue Code - Subtitle A: Medicare Coverage of Additional Preventive Services - Amends title XVIII (Medicare) of the Social Security Act to cover a beneficiary's annual routine eye and hearing examination and a diabetic beneficiary's annual podiatric foot examination. Subtitle B: Medicare Coverage of Adult Day Care Services - Amends part B (Supplementary Medical Insurance) of the Medicare program to cover 125 days of adult day care per year provided to a clinically impaired individual who, but for the provision of such care, would require the level of care provided in a hospital or nursing facility. Requires that covered adult day care programs provide such care pursuant to a written plan of care which is established and periodically reviewed by the program's multidisciplinary team of personnel which includes at least: (1) a physician; (2) a registered professional nurse and a social worker; (3) a consultant with physical or occupational therapy or speech-language pathology skills; and (4) as needed, a dietitian. Sets forth additional program requirements. Imposes a coinsurance amount of five dollars per day of adult day care on beneficiaries, but no deductible. Provides for State participation in establishing adult day care program requirements and certifying the compliance of such programs with those requirements. Subtitle C: Medicare Coverage of Increased Home Care - Includes periodic chore services performed in the home of an aged, blind, or disabled adult when such individual is not able to perform such services and respite care services provided for no more than 52 days per year by persons who have successfully completed a homemaker/home health aide training program as covered home health care. Covers home health services provided in adult day care centers. Subtitle D: Income Tax Credit for Maintaining Households Which Include Dependents Who Have Attained Age 65 - Amends the Internal Revenue Code to provide a $250 tax credit to individuals who maintain households which include dependents who have attained age 65. Title IV: Further Preventive Health Amendments to Internal Revenue Code - Allows a tax credit of ten percent of the expenses a taxpayer incurs for a weight reduction or exercise program or a program to stop smoking. Increases excise taxes on cigarettes. Establishes the Health Maintenance Trust Fund into which certain cigarette tax revenues shall be deposited for use in: (1) implementing the amendments made by title I of this Act; (2) covering the decrease in Treasury revenues resulting from this Act's health maintenance expense credit; and (3) implementing programs discouraging cigarette smoking as well as disease prevention and health promotion programs unrelated to smoking.
United States · United States Congress · 25 May 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.
United States · United States Congress · 24 May 1989
Title I: General Provisions - Merchant Marine and Defense Act of 1989 - Sets forth congressional findings regarding the maritime industries and national defense. Declares that it is the policy of the United States to develop the necessary maritime resources to meet U.S. national defense and economic security requirements. Title II: Operating Differential Subsidy Reform - Amends provisions of the Merchant Marine Act, 1936 relating to the operating-differential subsidy (ODS) to: (1) allow the Secretary of Transportation, in determining whether to approve an application or revise a contract, to consider the availability of funding; and (2) prohibit the Secretary, in making such determinations, from making a distinction between persons already receiving such aid and new applicants. Revises the definition of "essential service" to include any operation determined by the Secretary to be necessary for national defense or for competitive and economical operation of U.S.-flag vessels in foreign commerce. Requires, for ODS aid, that a vessel be a militarily useful dry cargo vessel less than 20 years old and U.S.-documented. Directs the Secretary, notwithstanding any other law, to allow any qualified U.S. operator to qualify any militarily useful vessels for an ODS if the operator applies within one year of enactment of this Act, meets the requirements for such aid, and meets other requirements. Defines "qualified operator" to mean a U.S. citizen who owned, during the two years ending on the date of enactment of this Act, oceangoing vessels documented in the United States. Ends the Secretary's authority to determine suitable ocean routes and lines to foreign ports. Ends the ODS eligibility requirement that vessels be operating in an essential service. Directs the Secretary to designate ocean services, routes, and lines to not be essential services for purposes of ODS. Prohibits the Secretary from designating a route after two years after enactment of this Act unless operation on that route under an ODS is essential for national security. Repeals provisions excluding certain vessels from eligibility for an ODS. Reduces the maximum period for ODS contracts from 20 to ten years. Modifies the formula for determining the amount of ODS payments. Eliminates ODS coverage for insurance, maintenance and repair, and subsistence of officers and crews. Shields contracts in effect on the date of enactment of this Act from the changes until specified events occur. Changes the definition of "collective bargaining costs." Requires wage subsidies to be paid semimonthly rather than monthly. Prohibits the Secretary from entering into or making payments on ODS contracts for a dry cargo or dry bulk vessel that is more than 25 years old or a tanker vessel that is more than 20 years old. (Current law prohibits ODS payments for vessels that are more than 25 years old.) Directs the Secretary, in awarding and revising ODS contracts, to ensure that disruptions to parties to existing contracts are minimized. Provides for a reduction of ODS payments for a particular voyage in proportion to the amount of revenue payable under cargo preference provisions, subject to exception. Authorizes the Secretary to carry out ODS provisions so as to provide incentives for improving the efficiency of operation of vessels for which an ODS is paid. Allows the Secretary to authorize a contractor receiving an ODS for operations of a line haul vessel to own or operate certain foreign flag vessels that act as feeder vessels for that line hall vessel. Authorizes the Secretary, notwithstanding specified provisions, to enter into ODS contracts with U.S. citizens for the operation of any militarily useful vessel built in a foreign shipyard if the citizen has a foreign vessel acquisition right issued by the Secretary and if other requirements are met. Directs the Secretary to establish a program for the issuance of a foreign vessel acquisition right with respect to each oceangoing merchant vessel over a specified number of deadweight tons for which construction in the United States is started on or after enactment of this Act. Requires the program to provide for the assignment by the Secretary of the rights to any U.S. citizen. Requires amounts received as revenue under the program to be deposited in the Procure and Charter Shipyard Improvement Fund established under title XIV of the Merchant Marine Act, 1936 for use under that title. Declares that these provisions shall not be construed to authorize any vessel built or acquired outside the United States to engage in the coastwise trade. Authorizes the Secretary: (1) notwithstanding specified provisions, to enter into ODS contracts for one year after enactment of this Act with any qualified operator for the operation of any militarily useful vessel built in a foreign shipyard if the vessel meets certain requirements; and (2) on and after the date of enactment of this Act to enter into ODS contracts for operation of any vessels eligible for such subsidies by reason of these provisions, the contracts to be effective after the vessels are delivered and documented under U.S. laws. Amends the Merchant Marine Act, 1936 to modify the definition, for purposes of provisions relating to cargo preference, of the term "privately owned United States-flag commercial vessels" so as to allow certain foreign-built vessels to carry preference cargo, subject to limitation. Authorizes the Secretary, notwithstanding cargo preference limitations, to declare a foreign-built vessel eligible for preference cargo, if the Secretary is authorized to enter into an ODS contract with respect to that vessel and if other conditions are met. Title III: Procure and Charter Program - Part A: Design and Construction of Vessels and Improvement of Shipyards - Directs the Secretary of Transportation (Secretary) and the Secretary of Defense to establish a program under which amounts in the Procure and Charter Revolving Fund (Fund) must be used to: (1) fund contracts for the design in the United States of military useful merchant vessels; (2) fund contracts for the construction of such vessels in privately owned U.S. shipyards; and (3) provide assistance to such shipyards for improvements to equipment, systems, and techniques. Directs the Secretary to enter into contracts for the: (1) design and construction of prototypes of militarily useful merchant vessels; and (2) construction of militarily useful merchant vessels in accordance with such designs and prototypes. Sets forth vessel requirements, contractor eligibility requirements, and contract restrictions. Directs the Secretary to require that, as part of the contract, any person awarded a contract improve facilities and management systems of the person and achieve improvements in productivity and cost reductions through serial construction. Authorizes the Secretary to provide vessel construction contractors under these provisions financial assistance in an amount equal to one-half of the costs of improvements in vessel construction equipment, systems, and techniques to be used in carrying out the contract. Prohibits the assistance unless the Secretary determines that the assistance will result in reduced total costs and increased productivity in carrying out construction under these provisions. Limits the amount of the assistance. Authorizes appropriations from the fund as necessary for constructing an average of 12 vessels in each of the FY 1989 through 2000. Part B: Vessel Charter and Sale - Directs the Secretary to establish a program for the chartering and disposing of vessels constructed under part A of this title. Authorizes the Secretary to enter into contracts with any eligible person for the charter by the person of such vessels. Sets forth charter contract terms. Directs the Secretary, as a condition of a contract, to require: (1) a deposit to ensure the faithful performance of all requirements of the contracts, including indemnity against liens on the vessel; and (2) insurance at the expense of the person entering into the contract. Sets forth contracting procedures. Allows the Secretary to terminate a contract: (1) on a presidential proclamation that termination is required for national defense; and (2) during a national emergency declared by the President. Directs the Secretary, in chartering vessels, to avoid conferring any unfair advantage on a charterer. Authorizes the Secretary of Transportation (Secretary) and the Secretary of Defense to contract for the charter of any vessel constructed under part A of this title, for use by the Department of the Navy, at rates determined by the Secretary (but not less than the prevailing commercial rate) for not more than two years. Authorizes the Secretary of Defense to contract with any private person to subcharter any vessel constructed under part A, unless the operation of the vessel under that contract will adversely affect the commercial operation of a vessel documented under U.S. laws. Authorizes the Secretary of Transportation (Secretary) to sell or otherwise dispose (including by transfer to the National Defense Reserve Fleet) of a vessel constructed under this title if the vessel is not under contract and no reasonable contract offers have been received, and if other conditions are met. Mandates that the Secretary require as compensation for a vessel sold or disposed of an amount at least as much as the U.S. cost in constructing the vessel, less depreciation. Directs the Secretary, in disposing of vessels, to avoid conferring any unfair advantage on any person who acquires the vessel. Authorizes the Secretary to dispose of a vessel to any person for purposes of scrapping the vessel. Part C: Procure and Charter Revolving Fund - Establishes in the Treasury the Procure and Charter Revolving Fund, to consist of amounts deposited in and transferred to the Fund under these provisions. Directs the Secretary of the Treasury to: (1) deposit in the Fund all proceeds of charters, sales, and disposals under part B of this title, all duties under specified provisions of the Tariff Act of 1930, all proceeds of issuance of foreign vessel acquisition rights under provisions of the Merchant Marine Act, 1936 as amended by this Act, and interest on such amounts; and (2) transfer to the Fund, for each of the FY 1990 through 2000, any difference between the deposited amounts and the amount authorized to be appropriated under part A of this title. Makes amounts in the Fund available to the Secretary for vessel design and construction and shipyard assistance. Terminates the Fund, with the balance reverting to the general fund of the Treasury, upon a finding by the Secretary that amounts in the Fund plus anticipated receipts are insufficient for funding construction contracts. Mandates deposit in the general fund of the Treasury of any amounts received after termination of the Fund. Part D: General Provisions - Directs the Secretary to: (1) submit an annual report to the Congress regarding matters under this title; and (2) issue regulations to carry out this title. Title IV: Simplification of Procedure for Long-Term Military Leases - Amends Federal law to exempt noncombatant oceangoing vessels from provisions relating to authorization required for certain long-term leases of vessels and aircraft by military departments. Directs the Secretary of Defense to submit an annual report to specified committees of the Congress describing each case in which the Department of the Navy is seeking, or considering seeking, to enter into a long-term charter of an oceangoing vessel under the provisions amended by this title. Title V: Vessel Prototype Design and Construction Program - Directs the Secretary of Transportation to: (1) establish a program for the design and construction of dry and liquid cargo vessel prototypes and troop carrying vessel prototypes; (2) establish guidelines for such design and construction; and (3) conduct a series of competitions for the selection of designs for vessel prototypes. Sets forth design criteria. Authorizes the Secretary to contract for the production of vessel prototype designs. Directs the Secretary to encourage such cooperation between naval architecture firms and ship building firms as may facilitate the use of modern production techniques. Directs the Secretary to contract for the construction in private U.S. shipyards of one of each vessel prototype design. Sets forth criteria for selection of shipyards. Directs the Secretary to base contract awards, to the maximum extent practicable, on consideration (in addition to other considerations required by law) of maintaining the U.S. ship building mobilization base. Requires prototypes constructed under this title to be chartered or otherwise disposed of under the program established under part B of title III of this Act. Requires information obtained through the design and construction of prototypes to be made available to private shipyards and ship suppliers. Title VI: Federal Ship Mortgage Insurance - Amends the Merchant Marine Act, 1936 to exclude from the definition of "vessel," as used in provisions relating to Federal ship mortgage insurance: (1) any vessel used primarily for offshore exploration or exploitation of petroleum; and (2) barges, tugs, towboats, and workboats. Title VII: Tax Incentives for Modernization of U.S. Shipyards - Amends provisions of the Merchant Marine Act, 1936 and the Internal Revenue Code regarding tax incentives and relating to merchant marine capital construction funds to define "reconstruction" to include general repairs to a qualified vessel to the extent that their costs exceeds a specified amount. Adds references to shipyards to the same provisions of both Acts. (Current law provides the incentives only for certain vessels and related barges or containers.) Amends the Internal Revenue Code to add qualified vessels and qualified shipyards to the list of exceptions to the termination of the regular percentage, for purposes of determining the amount of the investment tax credit. Restores, for such vessels and shipyards, the depreciation schedule which was in effect on the day before the enactment of the Tax Reform Act of 1986. Title VIII: Tariff and Trade Reform for Vessel Construction and Operation - Amends the Tariff Act of 1930 to impose, when purchased or performed in a foreign country, an ad valorem duty on: (1) modifications and permanent additions to the hull, fittings, or superstructure of a vessel, including inspections required by the classifications societies, insurers, and governmental entities; and (2) vessel drydocking and all services necessary for drydocking. Excluding emergency repairs from imposition of such duty. Relieves the owner or operator of a vessel from liability for the duty if the owner or operator elects to spend, in a shipyard in the United States within five years, for equipment, repair parts or materials, or repairs, a cumulative amount at least equal to the duty. Makes an owner or operator who fails to so spend liable for the duty plus accrued interest. Requires amounts received as a duty to be deposited into the Procure and Charter Revolving Fund established by this Act. Title IX: Expansion of Cargo Reserved for U.S. Vessels - Amends cargo preference provisions of the Merchant Marine Act, 1936 to require that 100 percent of the agricultural and nonagricultural ocean-borne cargoes generated by the U.S. Government, including cargoes generated as a result of a foreign aid cash transfer program, be transported on privately owned U.S.-flag commercial vessels, subject to exception. (Current law requires that 50 percent of nonagricultural and 25 percent of certain agricultural commodities be transported on U.S.-flag commercial vessels.) States that, in authorizing a vessel which is not U.S.-registered to transport any cargo which is foreign assistance subject to the provisions being amended, the Secretary of Transportation must require that 50 percent of the cargo be transported on U.S.-registered vessels and the remainder on vessels registered in the country receiving the assistance. Title X: Increasing Defense Readiness of United States Merchant Marine - Amends the Merchant Marine Act, 1936 to direct the Secretary of Transportation, before approving any assistance under such Act for the construction of a vessel intended for use in the coastwise trade, to submit the plans to the Secretary of Defense for review and approval. Directs the Secretary of Defense to either: (1) certify that the plans are suitable for construction of a vessel which is capable of economical and expeditious conversion to use during war or national defense emergency; or (2) request changes in the plans necessary to enable that conversion. Directs the Secretary of Transportation, subject to appropriations, to pay to a person constructing a vessel in the United States after enactment of this Act to be operated in the coastwise trade, before construction begins, the costs of: (1) constructing any national defense features; (2) maintaining the features for 15 years; (3) additional operating expenses because of the features during that period; and (4) lost revenue during that period because of reduced cargo space. Declares that it is the sense of the Congress that: (1) rates paid by the Department of Defense for the carriage of ocean-borne cargoes should fully compensate the vessel owner and could be based on established commercial rates; and (2) contracts for such carriage should be awarded, compatible with sound business practice (including cost minimization), so as to enhance the strategic sealift capabilities of the U.S.-flag commercial merchant fleet. Prohibits the Department of Defense, subject to exception and after enactment of this Act, from entering into any contract for carriage of cargoes on a vessel which was: (1) not U.S.-built; or (2) documented in the United States after enactment of this Act. Directs the Secretary of Transportation (Secretary) and the Secretary of Defense to establish a national maritime industries research and development program to carry out commercial water-borne and commercial intermodal transportation and strategic sealift-related research and development. Makes the Secretary responsible for administering the program and lists areas which must be included in the program. Directs the two Secretaries to jointly establish the Maritime Research and Development Advisory Board. Directs the Secretary, as a condition of a research and development project under these provisions, to require that private industry pay a portion of the cost of the project. Limits the Federal share to 66 percent and the non-Federal share to a specified dollar amount for each fiscal year. Authorizes appropriations for FY 1991 through 2001. Title XI: Maritime Labor Reform - Repeals provisions of Federal law relating to merchant mariners' documents. Authorizes the Secretary of Transportation, notwithstanding any law, to issue regulations to: (1) allow performance of both deck and engine duties on vessels by qualified personnel; (2) establish the numbers and qualifications of the crew and the watch on vessels; (3) create and keep current licensed and unlicensed personnel ratings; and (4) govern the requirements and standards for documentation of licensed and unlicensed personnel of vessel crews. Directs the Secretary to conduct a study and report to the Congress regarding methods for reducing allowable compensation for port and shipyard workers' injuries and disabilities under the Longshoremen's and Harbor Workers' Compensation Act to a level comparable to other industrial occupations. Title XII: Miscellaneous - Directs the Secretary of State, the Secretary of Transportation, the Secretary of Commerce, the Administrator of the Federal Maritime Commission, and the U.S. Trade Representative to jointly submit an annual report to the Congress regarding unfair foreign trade practices that affect the U.S.-flag merchant marine and maritime industries. Directs the Secretary of Defense to submit an annual report to the Congress regarding specified current and projected maritime defense matters. Directs the Secretary of Transportation to include certain information in an annual report to the Congress required by specified provisions of the Merchant Marine Act, 1936.
United States · United States Congress · 24 May 1989
Prohibits a senior civilian official of the Department of Defense (DOD), a general officer, or a Navy flag officer from accepting compensation from a defense contractor for two years after such person's separation or release. Defines a senior civilian official of DOD as a civilian officer or employee serving in a position for which the rate of pay is greater than or equal to the rate of pay for a position in the Senior Executive Service. Makes applicable current Federal provisions that: (1) set forth civil penalties for the violation of such prohibition; and (2) allow a person who may fall under such prohibition to request the appropriate official for advice as to the applicability of such prohibition to his or her situation.
United States · United States Congress · 23 May 1989
Amends Federal law relating to merchant seamen licenses, including licenses as masters, mates, engineers, pilots, operators, and radio officers, to prohibit the Secretary of the Department in which the Coast Guard is operating from issuing or renewing a license, and to require the Secretary to suspend or revoke a license issued, to an individual who the Secretary determines is a current or chronic abuser of alcohol or who fails to make available to the Secretary all information contained in the National Driver Register regarding that individual's motor vehicle driving record. Directs the Secretary to conduct investigations to determine if an individual who holds a license issued by the Secretary is a current or chronic abuser of alcohol if the Secretary receives information regarding any alcohol-related misconduct of the individual or that the individual has been found guilty of an alcohol-related infraction resulting in suspension or revocation of a motor vehicle operator license. Authorizes the Secretary to request an individual who holds a license issued by the Secretary to make available to the Secretary all information contained in the National Driver Register regarding the motor vehicle driving record of that individual. Prohibits the Secretary from terminating a license suspension until the individual provides sufficient proof that the individual is no longer a current or chronic abuser of alcohol. Amends the National Driver Register Act of 1982 to authorize applicants for and holders of such licenses to request the chief State driver licensing official to transmit to the Secretary information regarding such applicants' or holders' motor vehicle driving records. Prescribes the use of such information by the Secretary. Precludes access to information that was entered more than five years before the date of request unless it relates to revocations or suspensions which are still in effect on the date of request.
United States · United States Congress · 23 May 1989
Expresses the sense of the Congress that: (1) the Chinese Government should establish a democratic society with a free and open political system that will protect the human rights of all people living within that country; and (2) the President and Secretary of State should communicate to the Chinese Government that official violence directed at demonstrators will have implications for U.S. relations with that country.
![Official portrait of Rep. Foglietta, Thomas M. [D-PA-1]](https://www.congress.gov/img/member/f000235_200.jpg)