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United States · Official source
2,135 records where Rep. Gillmor, Paul E. [R-OH-5] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 23 October 1989
Designates the week of November 12 through November 18, 1989, as Community Foundation Week.
United States · United States Congress · 19 October 1989
State Employment Security Services Act of 1989 - Amends the Social Security Act to revise provisions relating to State unemployment insurance accounts. Provides that, of amounts appropriated for credit to the Employment Security Administration Account (ESAA) for specified fiscal years, at least 90 percent shall be paid to States, two-thirds of which shall be for unemployment compensation law administration and one-third for public employment offices. Provides that not more than ten percent of such amounts may be used by the Department of Labor for its functions under specified laws relating to unemployment taxes and compensation and the U.S. Employment Service. Revises formulas for transfers of funds to the extended unemployment compensation account. Guarantees each State a minimum of the higher of 80 percent of Federal Unemployment Tax Act (FUTA) contributions by the State's employers to the ESAA or the State's 1986 allocation compounded for increases in the total funds in the ESAA. Revises eligibility criteria to require the State Governor to develop a comprehensive annual employment security plan describing the delivery of unemployment insurance and employment services, including coordination of specified programs and collection and dissemination of labor market information. Amends the Wagner-Peyser Act to add to the duties of the U.S. Employment Service: (1) developing and disseminating information about assessment and testing tools; and (2) serving as a central repository for research and a clearinghouse on State program activities. Revises provisions relating to allotments to States, authorized uses of such funds, and State plan requirements. Establishes a demonstration project under which the Secretary of Labor shall permit an eligible State to impose its own unemployment administrative taxes and provide for increased FUTA offset credits for employers in the State as a means of obtaining funding for the administration of its unemployment compensation laws and the establishment and maintenance of public employment offices in the State. Directs the Secretary, within one year after enactment of this Act, to select three to five States to participate in such project. Sets forth selection criteria and application requirements.
United States · United States Congress · 19 October 1989
Small Business Access Improvement Act of 1989 - Amends the Internal Revenue Code to allow a tax credit for small businesses for the expense of providing public accommodations access to the disabled. Reduces the tax deduction for expenditures to remove architectural and transportation barriers to the handicapped and elderly.
United States · United States Congress · 4 October 1989
Requires vessels traveling from outside the Great Lakes bound for a U.S. port in the Great Lakes to exchange their ballasts prior to entering the Saint Lawrence Seaway.
United States · United States Congress · 2 October 1989
Safe Transportation of Food Act - Prohibits any person from: (1) using a refrigerated motor vehicle in the transportation of solid waste; or (2) using a cargo tank that has been used in the transport of hazardous materials for the transportation of food. Authorizes the Secretary of Transportation to waive such prohibition if such waiver is not contrary to the public interest. Requires the Secretary to study measures that will provide for the safe transportation of food and hazardous materials. Directs the Secretary to submit to the Congress a report containing results of such study. Sets forth both civil and criminal penalties. Empowers the Attorney General, at the Secretary's request, to bring action in U.S. district court for equitable relief to redress any violation of this Act or any regulations issued under it.
United States · United States Congress · 28 September 1989
Amends the Rail Passenger Service Act to repeal an exemption from specified communicable disease control requirements of the Public Health Service Act for waste disposal from railroads operating in intercity rail passenger service.
United States · United States Congress · 26 September 1989
Establishes a National Demonstration Program for Educational Performance Agreements for School Restructuring.
United States · United States Congress · 26 September 1989
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to prohibit Federal assistance to any State that has not implemented a drug testing program for targeted classes of arrestees, prisoners, and persons on conditional or supervised release before or after conviction. Directs the Attorney General to promulgate regulations for such programs based in part on scientific and technical standards determined by the Secretary of Health and Human Services to ensure the reliability and accuracy of test results. Specifies that such regulations may include guidelines or specifications concerning: (1) the classes of persons to be targeted for testing; (2) the drugs to be tested for; (3) the frequency and duration of testing; and (4) the effect of test results in decisions concerning the sentence, conditions to be imposed on release before or after conviction, and the granting, continuation, or termination of such release. Amends the Public Health Service Act to require a State, in order to receive the drug abuse portion of its allotment under such Act for a fiscal year, to develop, implement, and submit an approved Statewide Drug Treatment Plan. Requires such Plan to include a single, designated State agency for formulating and implementing the Plan and a description of: (1) the mechanisms used to assess the needs and make funding allocations for drug treatment throughout the State; (2) a statewide plan to expand treatment capacity; (3) performance-based criteria to be used to allocate funds; (4) drug-free patient and workplace programs (which must include drug testing) to be utilized in drug treatment facilities and programs; (5) actions to be taken to improve the referral of drug users to appropriate treatment facilities; (6) the program of in-service training to be implemented for employees of treatment facilities receiving Federal funds; (7) the plan to be implemented to coordinate drug treatment facilities with other social, health, correctional, and vocational services; and (8) the plan to be implemented to expand and improve efforts to contact and treat expectant women who use drugs and provide appropriate followup care to their affected newborns. Requires such Plan to be submitted to the Secretary annually for review and approval. Authorizes the Secretary to review, approve, disapprove, and propose changes to State plans. Requires each State to submit such reports as the Secretary may require and to comply with such additional provisions as the Secretary may find necessary to verify the accuracy of such reports. Authorizes the Secretary to waive any or all requirements of this Act with respect to the Plan upon the written request of a State, provided that the State implements an alternative treatment plan that fulfills the objectives of this Act. Amends the Higher Education Act of 1965 to make ineligible for Federal funds or assistance any institution of higher education which fails to certify to the Secretary that it has adopted and implemented a program to prevent illicit drug use and alcohol abuse by students and employees that includes the annual distribution to each student and employee of: (1) standards of conduct that clearly prohibit the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees on its property or as part of its activities; (2) a description of applicable sanctions under local, State, or Federal law for unlawful possession or distribution of such drugs; (3) health risks associated with such use; (4) any drug or alcohol counseling, treatment, or rehabilitation programs available to employees or students; and (5) a clear statement that the institution will impose sanctions, and a description of such sanctions, up to and including expulsion or termination of employment and referral for prosecution. Requires such program to provide for a biennial review by the institution to determine the program's effectiveness, to implement changes as needed, and to ensure that sanctions are consistently enforced. Requires: (1) each institution that provides such certification to make a copy and the results of such biennial review available, upon request, to the Secretary and to the public; and (2) the Secretary to publish regulations to implement and enforce this Act, including regulations providing for periodic review of programs and sanctions, up to and including the termination of financial assistance, for institutions of higher education that fail to implement their programs or to consistently enforce their sanctions. Allows sanctions to include the completion of an appropriate rehabilitation program. Amends the Drug-Free Schools and Communities Act of 1986 to make ineligible for Federal funds or assistance any local educational agency which fails to certify to the State educational agency that has adopted and implemented an analogous program to prevent the use of illicit drugs and alcohol by students or employees. Authorizes appropriations for FY 1990 through 1993 for the Special Forfeiture Fund. Waives provisions of the Foreign Assistance Act of 1961 and the Foreign Operations, Export Financing, and Related Appropriations Act, 1989 to make certain appropriated funds available for narcotics-related activities in Colombia, Bolivia, and Peru.
United States · United States Congress · 25 September 1989
Amends the Immigration and Nationality Act to expand the arrest authority of Immigration and Naturalization Service officers and employees.
United States · United States Congress · 25 September 1989
Larkin I. Smith Narcotic Committee Reorganization Resolution - Amends rule X of the Rules of the House of Representatives to establish the Committee on Narcotics Abuse and Control.
United States · United States Congress · 19 September 1989
Food Safety Assurance Act of 1989 - Title I: Cancellation and Suspension - Amends provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) relating to cancellation and changes in classification or other terms or conditions of registration with respect to the authority of the Administrator of the Environmental Protection Agency. Requires that a rulemaking under such provisions be based on a validated test or other significant evidence raising prudent concerns of unreasonable adverse effects to man or to the environment. Sets forth procedural requirements for such a rulemaking. Provides for amendment of a rule and for judicial review. Allows the Administrator, in the case of a suspension, to waive certain requirements. Allows the Administrator to elect to proceed with a special review proceeding or a public interim administrative review proceeding, if published before January 1, 1990, under the law in effect before enactment of this Act. Requires the Administrator to reassess each tolerance and exemption from the requirement for a tolerance at certain times in connection with reregistration of pesticides. Establishes the Science Review Board to assist the Scientific Advisory Panel in reviews conducted by the Panel. Revises procedures applicable after denial of an application for registration. Allows the Administrator to deny an application for registration because it does not comply with the requirements of a rule issued under provisions of this Act. Repeals provisions regulating the authority of the Administrator to initiate a public interim administrative review process. Declares a decision made after a hearing in certain circumstances during phase three of reregistration to be final. Amends provisions regulating: (1) review by district courts of suspension of registrations; and (2) public hearings. Title II: Data Collection - Directs the Secretary of Agriculture to collect by surveys on a biennial basis pesticide use data of State-level significance for all the major crops and crops of dietary significance. Authorizes appropriations. Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to add to the responsibilities of the Secretary of Agriculture that of establishing, with the Administrator of the Environmental Protection Agency (EPA), a committee to oversee coordination between the Department of Agriculture's conservation, commodity, research, and education programs and the EPA's pesticide regulatory activities. Requires the interagency coordinating committee to: (1) develop and oversee integrated pest management research and education initiatives targeted toward principal pests of crops, with an emphasis on crops which constitute significant human dietary exposure to pesticide residues and for which few pesticide alternatives exist; and (2) advise the Administrator regarding ways to take into account, in registration, reregistration, and cancellation actions, the implications of the emergency or severity of genetic resistance in pests to pesticides, or the viability and profitability of integrated pest management systems. Authorizes appropriations. Adds to the list of high priority research, for the purpose of grants by the Secretary of Agriculture under existing provisions, research to develop and refine integrated pest management techniques and other nonchemical or reduced chemical control technologies targeted toward crop pests, particularly those pests and crops which require applications of pesticides that may pose greater than a negligible risk to man or the environment. Title III: Authorizations - Increases the amount authorized to be appropriated to carry out the FIFRA for FY 1990 and 1991, earmarking the increased authorization for the implementation of regulations relating to certain ingredients in pesticide products. Title IV: Amendments to the Federal Food, Drug, and Cosmetic Act - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to define, subject to exception, "pesticide chemical" as it is defined in the FIFRA. Adds to the list of prohibited acts under the FDCA violation of provisions relating to confidentiality of data, as amended by this Act. Deems a food adulterated if it bears or contains: (1) a pesticide chemical residue that is unsafe; or (2) a new animal drug, or conversion product thereof, that is unsafe. Sets forth requirements relating to tolerances and exemptions from the requirement of a tolerance for pesticide chemical residues in food, including residues of degradation products. Prohibits establishment of a tolerance higher than a level the Administrator of the Environmental Protection Agency determines is adequate to protect the public health. Sets forth the factors the Administrator must consider. Allows a greater than negligible dietary risk if: (1) use protects from greater adverse health effects to humans or the environment; (2) use avoids greater risks from another pesticide; or (3) the unavailability of the pesticide would reduce the availability of an adequate, wholesome, and economical domestic supply of the food, and the adverse effects from the reduction would outweigh the risk posed by the residue. Allows the Administrator to issue an exemption from the requirement for a tolerance only if the Administrator determines that a tolerance is not needed to protect the public health, in view of the levels of dietary exposure that could reasonably be expected to occur. Sets forth the factors the Administrator must consider. Sets forth procedures and requirements in connection with: (1) petitions for tolerances or exemptions; (2) certain actions authorized on the Administrator's own initiative; (3) the required submission of additional data to support the continuation of a tolerance or exemption; and (4) confidentiality of data submitted to the Administrator. Provides for continuation of previously issued regulations. Sets forth transitional provisions. Prohibits a final rule that revokes, modifies, or suspends a tolerance or exemption until the Administrator has taken any necessary action under the FIFRA with respect to the registration of the pesticide involved. Requires the Administrator, if the Administrator takes certain actions with respect to the registration of a pesticide, to revoke any tolerance or exemption that allows the presence of the chemical or chemical residue. Requires the suspension of any tolerance or exemption upon the suspension of the use of an associated registered pesticide. Provides for: (1) tolerances for unavoidable residues in the case of a residue of a canceled or suspended pesticide chemical that will unavoidably persist in the environment and thereby be present in or on a food; and (2) residues resulting from an application which was lawful at the time of the application. Directs the Administrator to require the payment of fees sufficient for the Administrator's functions under these provisions. Prohibits, subject to exception, a State from establishing or enforcing any limit on a qualifying pesticide chemical residue in or on any food which is not identical to Federal requirements. Prohibits a State from enforcing a residue limit which was lawful at the time of application. Authorizes appropriations for increased monitoring by the Secretary of Health and Human Services of pesticide residues in imported and domestic food.
United States · United States Congress · 14 September 1989
Expresses the sense of the Congress that illegal aliens should not be counted in the 1990 decennial census for purposes of congressional reapportionment.
United States · United States Congress · 13 September 1989
Farm Animal and Research Facilities Protection Act of 1989 - Amends the Food Security Act of 1985 to make it unlawful to disrupt or damage a farm animal facility, its animals, or property. Sets forth penalties for violations of this Act. Allows the Secretary of Agriculture to investigate such offenses. Grants U.S. district courts jurisdiction in such cases. Provides for a private right of action.
United States · United States Congress · 13 September 1989
Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to require that Medicare coverage denial notices provided to nonparticipating physicians and their patients include an explanation of such denial.
United States · United States Congress · 12 September 1989
Amends Federal transportation law to authorize a person to assert that it would be an unreasonable practice for a motor common carrier or a nonhousehold goods freight forwarder to seek to collect tariff rates or charges in addition to those originally billed and collected, or to impose rules, classifications, or practices permitting such a collection. Declares that the Interstate Commerce Commission shall determine whether or not such a collection or imposition is an unreasonable practice violating Federal law. Shortens the statute of limitations for the filing of claims: (1) by a motor common carrier for recovery of transportation or service charges; and (2) by a person to recover overcharges by a motor carrier. Decreases the limitation period for both kinds of claims from 36 months to: (1) 24 months for claim accruals during the year following enactment of this Act; and (2) 18 months for claim accruals on or after one year following enactment. Permits motor carriers and shippers to resolve by mutual consent, subject to Commission review, any overcharge and undercharge claims resulting from billing errors or incorrect tariff provisions arising from the inadvertent failure to properly and timely file and maintain agreed upon rates, rules, or classifications, or under circumstances where application of the filed tariff would be an unreasonable practice.
United States · United States Congress · 11 September 1989
Commends and expresses support for President Barco and the Government and people of Colombia for standing up to the drug traffickers. Urges the administration to continue to make available whatever equipment, training, intelligence, and financial assistance that Colombia needs to overcome the activities of the drug traffickers.
United States · United States Congress · 6 September 1989
Drug Paraphernalia Control Act of 1989 - Establishes criminal penalties for the possession, sale, delivery, manufacture, or advertisement of drug paraphernalia. Defines "drug paraphernalia" and sets forth guidelines for determining whether an object falls within such definition. Provides for enhanced penalties for delivery of drug paraphernalia to a minor. Includes drug paraphernalia within the civil forfeiture provisions of the Controlled Substances Act. Directs the Administrator of the Drug Enforcement Administration (DEA) to establish within the DEA a task force to monitor enforcement of this Act.
United States · United States Congress · 6 September 1989
Designates the period of September 11 through September 15, 1989, as National Historically Black Colleges Week.
United States · United States Congress · 4 August 1989
Amends the Rural Electrification Act of 1936 to permit prepayment and refinancing of Rural Electrification Administration guaranteed loans made to rural electrification and telephone systems if: (1) private capital is used for such prepayment; and (2) the borrower certifies that any savings incurred will be passed on to customers, used to improve the borrower's financial strength, or used to mitigate future rate increases. Sets forth the interest rate for such loans. Prohibits any additional loan charges.
United States · United States Congress · 4 August 1989
Designates October 1989 as Italian-American Heritage and Culture Month.
United States · United States Congress · 4 August 1989
Expresses the sense of the Congress that the President: (1) is to be commended for his actions thus far in combatting terrorism; (2) should aggressively pursue increased cooperation with our allies and with the Soviet Union in preventing and responding to terrorism; and (3) should immediately conduct a comprehensive assessment of U.S. antiterrorism policy by reviewing the 1986 Report of the Vice President's Task Force on Combatting Terrorism. Specifies that such review should include recommendations for changes in laws, policies, and regulations necessary to protect commercial air transport and on policy criteria for determining when, if, and how to use force to preempt, react to, and retaliate in the event of terrorist incidents. Provides that the result of such review should be made available to the Congress and the public in an unclassified form. Urges the President to: (1) take actions in cooperation with the Congress designed to implement recommendations resulting from such review; (2) persist in his efforts to combat terrorism; and (3) announce publicly the determination of the United States to act firmly and decisively in pursuing every available legal means to eliminate terrorism and bring terrorists to justice.
United States · United States Congress · 2 August 1989
Constitutional Amendment - Requires the Congress and the President, prior to each fiscal year, to agree on an estimate of total receipts (except those derived from borrowing) for that fiscal year by enactment of a joint single subject resolution. Prohibits outlays for that year (except those for repayment of debt principal) from exceeding this amount unless the Congress, by a three-fifths rollcall vote of each House, authorizes a specific excess of outlays over receipts. Requires the Congress, whenever actual outlays exceed actual receipts for any fiscal year, to provide by law for the repayment of the excess in the ensuing fiscal year. Requires a three-fifths rollcall vote of each House to increase the public debt. Directs the President to submit a balanced budget to the Congress. Requires the approval of a majority of the total membership of each House by rollcall vote before any bill to increase revenue may become law. Waives these provisions when a declaration of war is in effect. Excludes from total receipts those derived from borrowing. Excludes from total outlays those for the repayment of debt principal. Authorizes the President to approve any appropriation or provision and disapprove any other appropriation or provision in the same appropriation bill (item veto). Requires the return of a copy of such appropriation or provision to the original House for procedures as in the case of other bills disapproved by the President.
United States · United States Congress · 27 July 1989
Commends the citizens of the Sioux City, Iowa, tri-State area for their heroism and volunteerism in providing assistance to the passengers and crew of crashed United Airlines Flight 232.
United States · United States Congress · 27 July 1989
Amends rule X of the Rules of the House of Representatives to establish the Committee on Narcotics Abuse and Control.
United States · United States Congress · 21 July 1989
Drug War Bond Act of 1989 - Directs the Secretary of the Treasury to issue: (1) Drug War Bonds for a three-year period with a 12-year maturity date; and (2) Drug War Stamps to evidence payments for or on account of such bonds. Amends the Internal Revenue Code to exclude the interest earned on such War Bonds from an individual's gross income. Authorizes a taxpayer to designate a specified portion of any tax overpayment or make cash contributions to the War on Drugs Trust Fund (established by this Act). Authorizes the Attorney General to make expenditures from the Department of Justice Assets Forfeiture Fund into the War on Drugs Trust Fund. Amends the Internal Revenue Code to establish the War on Drugs Trust Fund. Transfers to such Fund: (1) proceeds from the sale of Drug War Bonds and stamps; and (2) certain cash contributions and portions of tax overpayments. Prescribes expenditures from the War on Drugs Trust Fund, including the construction of Federal prison facilities and education and rehabilitation programs. Precludes the receipts and disbursements from the War on Drugs Trust Fund from being included in either the congressional budget totals or in the budget totals as submitted by the President. Exempts the receipts and expenditures from the War on Drugs Trust Fund from: (1) statutory expenditure and lending limitations; and (2) certain orders issued under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Requires the Secretary to report to the Congress on programs established by this Act. Directs the Attorney General to make recommendations to the Congress regarding the merits of privatizing Federal prisons.
United States · United States Congress · 21 July 1989
Drug Paraphernalia Act of 1989 - Amends the Anti-Drug Abuse Act of 1986 to prohibit any sale or offer for sale of drug paraphernalia. (Current law prohibits the offer for sale and transportation of drug paraphernalia in interstate or foreign commerce.) Directs the Attorney General to use the authority granted under the Controlled Substance Act to enforce the Anti-Drug Abuse Act of 1986 through the use of task forces consisting of appropriate Federal, State, and local personnel. Authorizes appropriations for FY 1990 through 1994.
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 · 29 June 1989
Directs the American Battle Monuments Commission to establish a memorial on Federal land in the District of Columbia or its immediate area to honor World War II veterans and to commemorate U.S. participation in that conflict. Directs the Commission to plan, design, construct, and oversee the operation of the memorial. Specifies that such design shall provide for accessibility by, and accommodations for, the physically handicapped. Establishes the World War II Memorial Advisory Board to: (1) promote the establishment of the memorial and encourage the donation of private funds for construction maintenance; (2) assist and cooperate with the Commission in the selection of the site and design for the memorial; and (3) transmit annual reports on its activities to the Congress. Authorizes the Commission to solicit private contributions for such memorial. Establishes a fund in the Treasury which shall be made available to the Commission to carry out this Act. Authorizes Federal funding, in addition to such private funds, for site preparation, design, planning, establishment, construction, maintenance, and operation of the memorial. Authorizes assistance from specified Federal departments and agencies, including the Library of Congress. Authorizes Federal property to be transferred to the Commission. Authorizes the Commission to purchase suitable property within the District of Columbia for the establishment of such memorial. Urges the Government to encourage 50th anniversary commemorations of the U.S. role in World War II. Urges the Smithsonian Institution and other Federal museums to develop commemorative exhibitions to be shared with academic institutions.
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 · 28 June 1989
Designates October 29, 1989, as Fire Safety at Home Day: Change Your Clock, Change Your Battery. Directs the President to issue a proclamation to urge people to change the batteries in their smoke detectors when they reset their clocks from daylight savings time.
United States · United States Congress · 27 June 1989
Christopher Columbus Coin and Fellowship Act - Title I: Christopher Columbus Quincentenary Coins - Christopher Columbus Quincentenary Coin Act - Directs the Secretary of the Treasury to mint and issue not more than a specified number of five dollar gold coins, one dollar silver coins, and half dollar clad coins emblematic of the quincentary of the discovery of America. Sets forth certain features of such coins and provides for their design, issuance, and sale. Terminates the minting of such coins after June 30, 1993. Requires the Secretary to deposit surcharges from the sale of such coins in the Christopher Columbus Fellowship Fund for use by the Christopher Columbus Fellowship Foundation. Declares that no law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out this Act, except that this provision shall not relieve any person from complying with any law relating to equal employment opportunity. Title II: Christopher Columbus Fellowship Foundation - Christopher Columbus Fellowship Act - Establishes the Christopher Columbus Fellowship Foundation to award fellowships to outstanding individuals to encourage new discoveries in all fields of endeavor for the benefit of mankind. Establishes the Christopher Columbus Fellowship Fund. Directs the Foundation to report to the President and to the Congress annually on its operations.
United States · United States Congress · 27 June 1989
Expresses the sense of the House of Representatives that individuals throughout the United States should observe Independence Day, July 4, 1989, as Take Pride in the Flag Day to celebrate the 213th anniversary of the signing of the Declaration of Independence and the 201st anniversary of the ratification of the U.S. Constitution.
United States · United States Congress · 22 June 1989
Expresses the sense of the House of Representatives that: (1) the reasoning in the Supreme Court decision in Texas v. Johnson was incorrect; (2) the U.S. flag is unique and deserves to be treated with respect; and (3) it is a misinterpretation of the Constitution to suggest that the Congress or the States do not have the power to prohibit the desecration of the U.S. flag.
United States · United States Congress · 22 June 1989
Expresses the sense of the Congress that the authority to issue tax-exempt small issue bonds should be extended through December 31, 1990.
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
Product Liability Reform Act of 1989 - Declares that this Act governs any product liability action brought in any State or Federal court against a manufacturer or product seller, on any theory, for harm. States that a civil action brought against a manufacturer or product seller for commercial loss shall be governed by applicable commercial or contract law. Supersedes any inconsistent State law regarding recovery in such actions. Lists specific laws not superseded, including: (1) defense of sovereign immunity asserted by any State or by the United States; (2) any Federal law (except the Federal Employees Compensation Act and the Longshore and Harbor Workers' Compensation Act); (3) the Foreign Sovereign Immunities Act of 1976; (4) State choice-of-law rules; (5) the right of any court to transfer venue or to apply the law of a foreign nation or to dismiss a claim of a foreign nation or citizen on the ground of inconvenient forum; and (6) any statutory or common law cause of action which is not an action for harm caused by a product or an action to abate a nuisance and which is for civil damages or civil penalties, clean up costs, injunctions, restitution, cost recovery, punitive damages, or any other form of relief from contamination or pollution of the environment or the threat of it. Makes this Act (except provisions relating to workers' compensation offset) inapplicable to any product liability action brought in State or Federal court, on any theory, for harm caused by asbestos or asbestos products. Provides that, with respect to civil actions brought for vaccine-related injury or death, if specified provisions of the Public Health Service Act (PHSA) take effect and establish a Federal rule of law or defense applicable to such actions, then this Act does not affect the application of such rule of law or defense and any conflicting rule or defense prescribed by this Act shall not apply to such an action. Provides that if there is an aspect of such an action for which a PHSA rule or defense does not apply, then this Act or otherwise applicable law will apply to such aspect. Establishes a standard of manufacturer liability in product liability actions for proximate causes of harm, established by a preponderance of the evidence, which fall under the categories of: (1) negligence; (2) strict product liability; or (3) intentional wrongdoing. Provides that negligence shall be in terms of a manufacturer's failure to act as a reasonably prudent person would with respect to product design, construction, warnings, or instructions. Provides that strict liability shall be with respect to a product's being in an unreasonably dangerous defective condition in: (1) deviation from standards; (2) nonconformance with an express warranty; (3) failure to contain adequate warnings or instructions; or (4) design (in which case State law governs with respect to establishment of a prima facie case). Provides that a manufacturer's intentional wrongdoing shall be determined under applicable State law. Sets forth a defense to manufacturer liability based on a product's inherent characteristics. Provides that a product shall not be considered to be in an unreasonably dangerous defective condition if the product aspect which allegedly caused the harm cannot be made safe and is not dangerous to an extent beyond that which would be contemplated by the ordinary person who uses or consumes the product with the knowledge common to the community as to its characteristics. Provides that such defense does not limit a manufacturer's liability solely because the risk of harm is patent, open, or obvious. Provides that a manufacturer shall not be relieved of liability on the grounds that the product that allegedly caused the harm was unavoidably unsafe, unless the product is a drug or medical device. Provides that in product liability actions involving an improperly designed and unavoidably unsafe drug or medical device, the manufacturer's liability shall be determined under State law (and the state-of-the-art defense under this Act shall not apply). Sets forth a state-of-the-art defense. Provides that the manufacturer shall not be liable for the design of the product if the manufacturer establishes by a preponderance of the evidence that at the time the product left its control: (1) the manufacturer did not and could not know that the product was in an unreasonably dangerous defective condition because of its design in light of knowledge reasonably available to experts; or (2) there was not a feasible alternative design that would have prevented the harm without substantially impairing the reasonably anticipated or intended function of the product (considering specified factors). Makes the state-of-the-art defense inapplicable if the court finds, on its own or on a party's motion, that a claimant has established by a preponderance of the evidence that the product is so unsafe compared to its usefulness that it should not have been marketed. Sets forth standards for product warnings and instructions. Provides that a product is in an unreasonably dangerous defective condition because it failed to contain adequate warnings and instructions if reasonably prudent, adequate warnings or instructions, in the light of knowledge reasonably available to experts, on the aspect (including a design aspect) which caused the harm: (1) did not accompany the product at the time it left the manufacturer's control; or (2) were not given on a timely basis by the manufacturer before the harm. Requires that specified factors be considered. Establishes, in addition to the general standard of manufacturer's liability, a presumption of liability applicable to manufacturers of fire fighting equipment or protective clothing for harm suffered by any fire fighter performing interior structural firefighting if: (1) the harm was the result of the use of such equipment or clothing which left the manufacturer's control after the enactment of this Act; and (2) the equipment or clothing did not comply with the OSHA (Occupational Safety and Health Act) fire brigade occupational safety and health standards or a more stringent State standard. Establishes a standard of product seller liability in product liability actions for proximate causes of harm, established by a preponderance of the evidence, which fall under the categories of: (1) negligence; (2) express warranty; or (3) intentional wrongdoing. Provides that such negligence shall be in terms of a product seller's failure to exercise reasonable care with respect to the product. Provides that it shall not be such a failure based on an alleged failure to inspect a product where there was no reasonable opportunity to inspect it in a manner which would or should, in the exercise of reasonable care, have revealed the aspect which allegedly caused the harm. Provides that such product seller's express warranty must be independent of any express warranty of the manufacturer. Provides that a product seller's intentional wrongdoing shall be determined under applicable State law. Establishes an additional product seller liability as a manufacturer. Makes the product seller liable as if it were the manufacturer if: (1) the manufacturer is not subject to service of process under the laws of the State in which the claimant brings the action; or (2) the court determines that the claimant would be unable to enforce a judgment against the manufacturer. Sets forth a defense based on a claimant's being, as a result of the influence of intoxicating alcohol or any non-over-the-counter drug which has not been prescribed for the claimant by a physician, more than 50 percent at fault for the harm. Reduces the manufacturer's or product seller's liability for damages by the percentage of responsibility for the harm attributable to misuse or alteration of a product. Allows punitive damages to be awarded, to the extent provided by applicable State law, if the claimant establishes by clear and convincing evidence that the manufacturer or product seller engaged in conduct giving rise to punitive damages under applicable State law, with the following exception. Provides that a failure to exercise reasonable care in selecting among alternative product designs, formulations, instructions, or warnings shall not, by itself, constitute conduct that may give rise to punitive damages. Requires separate proceedings for punitive damages if such separate proceedings are requested by the defendant. Makes evidence in such separate proceedings which is relevant only to the claim of punitive damages inadmissible in any proceeding for compensatory damages. Directs the trier of fact, in determining the amount of punitive damages, to consider all relevant evidence, including specified factors. Prohibits punitive damages against a manufacturer of a drug or medical device unless the claimant establishes by clear and convincing evidence that the manufacturer or product seller engaged in conduct giving rise to punitive damages under applicable State law and unless the manufacturer engaged in: (1) intentional and wrongful withholding or misrepresentation of information, material and relevant to the harm, which either was required to be submitted before the approval of the drug or device or was related to the safety and efficacy of the drug or device after its approval, under the Federal Food, Drug, and Cosmetic Act (FFDCA) or the Public Health Service Act; or (2) a violation of the FFDCA which was material and relevant to the harm and was committed with the intent to defraud or mislead, as determined by the court and proven by clear and convincing evidence. Prohibits punitive damages against a drug manufacturer where the harm is alleged to relate to the adequacy of the packaging or labeling of a drug required to have tamper-resistant packaging (and related labeling), unless the drug is found by clear and convincing evidence to be substantially out of compliance with Federal regulations. Makes findings with respect to punitive damages relating to drugs and medical devices inadmissible in any criminal proceeding. Requires that civil actions subject to this Act be brought within two years from the time the individual discovered or should have discovered the harm and its cause, with the following exception. Bars actions for harm caused by a product which is a capital good unless the complaint is served and filed within 25 years of the date of delivery of the product to its first purchaser or lessee who was not engaged in the business of selling or leasing it or using it as a component in the manufacture of another product. Applies this capital goods rule only if: (1) the court determines that the claimant has received or would be eligible to receive State or Federal workers' compensation for the harm; and (2) the harm did not include chronic illness. Reduces any damages awarded under this Act by the amount paid in workers' compensation benefits which the claimant-employee is or would be entitled to receive. Provides for such reduction only where the employer or the employer's workers' compensation insurance carrier does not have a lien against the claimant's recovery in a product liability action against a claimant or product seller. Provides that determinations under this Act of workers' compensation benefits shall have no binding effect on, and shall not be used as evidence in, any other proceeding. Allows the claimant to stay product liability actions under this Act until the workers' compensation benefits have been determined. Provides that the employer and its insurance carrier shall have no right of subrogation, contribution, or implied indemnity against an award made under this Act, unless the employer establishes, and the trier of fact determines, that the harm was not caused in any way by fault of the employer or a co-employee. Prohibits any third-party tortfeasor from maintaining any action for implied indemnity or contributions against the employer, any co-employee, or the exclusive representative of the injured party. Provides that nothing in this Act shall affect any provision of State or Federal workers' compensation law which: (1) prohibits a person who is or would have been entitled to receive compensation under such law, or any derivative claim, from recovering in any other action against an employer, employer's insurer, co-employee, or exclusive representative; or (2) permits recovery based on an intentional tort by the employer or co-employee. Declares that this Act's restrictions on third-party claim tortfeasors shall not apply and applicable State law shall control if the employer or its insurer, in a product liability action subject to this Act, asserts or attempts to assert, because of provisions relating to its lack of fault under this Act, a right of subrogation, contribution, or implied indemnity against the manufacturer or product seller or a lien against the claimant's recovery from them. Sets forth standards, procedures, and sanctions relating to frivolous pleadings under this Act. Provides for the availability of information under this Act. Provides that U.S. district courts shall not have jurisdiction over any civil action arising under this Act. Requires the court in which any action is brought under this Act, upon the application of any party to the action, to refer the action to mediation, unless the court determines that the action involves novel or unsettled issues of law or is otherwise unsuitable for mediation. Allows the court to impose fees to cover the costs of the mediation. Makes mediation statements, briefs, and summaries inadmissable in any court or any other evidentiary proceeding. Requires the evaluation by the mediation panel to include a separate award for each claim, crossclaim, counterclaim, or third-party claim. Requires each party to file an acceptance or rejection of the panel's award, with special procedures for multiple parties. Requires that the action proceed to trial with respect to any claim for which any party rejects the mediation award. Makes the findings, evaluations, and awards of the panel and the parties' acceptance or rejection inadmissable at trial. Requires the rejecting party to pay the opposing party's costs, upon request, unless the verdict is more favorable to the rejecting party than the mediation award. Requires each State Attorney General and the Administrative Office of the U.S. Courts to report to the Attorney General, and the Attorney General to report to the Congress regarding implementation of the mediation provisions of this Act. Sets forth definitions under this Act. Excludes commercial loss from the definition of harm. Defines harm as any of the following caused by a product: (1) personal physical illness, injury, or death; (2) mental anguish or emotional harm caused by or causing personal physical illness or injury; or (3) physical damage to property other than the product itself. Directs the Secretary of Commerce (the Secretary) to report to the Congress on the effect of the implementation of this Act upon the cost and availability of product liability insurance. Sets forth requirements relating to the information on which such report is based. Requires such a report annually for ten years, after which the Secretary shall report on the costs and benefits of continuing such reports and continue them only if so requested by a majority of specified congressional committees. Directs the Secretary to report to the Congress on what information is needed to enable the Congress to measure the effect of product liability reforms on product liability actions. Requires consultation with specified entities in making such report. Requires specified information to be included in such report. Requires the report to be submitted within 18 months after the enactment of this Act. Directs the Secretary to report to the Congress on the effect of this Act upon product liability actions, product manufacturers, and product sellers (including small businesses), claimants, and Federal and State courts. Requires such report to assess specified factors. Requires such a report to be made biennially five times, after which the Secretary shall report on the costs and benefits of continuing such reports and continue them only if so requested by a majority of specified congressional committees. Directs the Secretary, upon determining that sufficient data does not exist to measure the effect of product liability reform on litigation, to report on what information is needed to enable the Congress to measure the effect of product liability reforms on product liability actions. Requires consultation with specified entities in making such report. Requires specified information to be included in such report. Requires the report to be submitted within 18 months after enactment of this Act. Declares that this Act shall not apply to any product liability cause of action arising from the use of a product before the date of enactment of this Act against a person who is a debtor in a case commenced on a specified date under bankruptcy provisions of Federal law.
United States · United States Congress · 19 June 1989
Designates July 14, 1989, as National Day to Commemorate the Bastille Day Bicentennial.
United States · United States Congress · 13 June 1989
Expresses the sense of the House of Representatives that the Committees on Energy and Commerce and Ways and Means should review the Medicare Catastrophic Coverage Act of 1988 and hold hearings in the process of such review.
United States · United States Congress · 8 June 1989
Workers' Political Rights Act of 1989 - Amends the Federal Election Campaign Act of 1971 to include political committees among those entities to which contributions by national banks, corporations, or labor organizations are restricted. Provides that communications to its members and their families and the establishment of, and solicitation of contributions for, a separate segregated political fund by a labor organization shall not be considered to be prohibited political contributions or expenditures only if such organization provides to employees it represents written notification of the following information: (1) that no employee is required to join the labor organization, and if the collective bargaining agreement purports to require membership in, or the payment of any amounts to, such organization, the employee instead may pay an agency fee to such organization; (2) the amount of the agency fee for the current year and the amount of union membership dues, initiation fees, and assessments for the current year; (3) that employees who choose to join the union will be subject to the labor organization's reasonable internal rules, regulations, and discipline; (4) that employees who resign from such organization may do so without being subject to internal union discipline for any post-resignation conduct; (5) that the amount of the agency fee for the current year is limited to the employee's pro rata cost of the labor organization's exclusive representation services to the collective bargaining unit; (6) that a procedure is in place to determine those costs which are chargeable to agency fee payors and such procedures are fully explained; and (7) that due regard is given to the fact that the labor organization holds a fiduciary position of trust with respect to the employees it represents and that the rights of employees to associate freely are not infringed any more than necessary for such organization to defray its reasonable costs of providing exclusive representation services. Requires a labor organization which does not provide employees with such notification to finance those political activities which are not considered contributions or expenditures with funds collected for its separate, segregated political fund.
United States · United States Congress · 8 June 1989
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 · 7 June 1989
Designates the week beginning on the second Sunday in May 1990 as National Tourism Week.
United States · United States Congress · 6 June 1989
Directs the Administrator of the Environmental Protection Agency to increase the number of criminal investigators assigned to its Office of Criminal Investigations by at least 30 percent in each of the next five fiscal years.
United States · United States Congress · 31 May 1989
Designates the month of October 1989 as National Spina Bifida Month.
United States · United States Congress · 24 May 1989
Older Americans' Freedom to Work Act of 1989 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to remove the limitation on the amount of outside income which beneficiaries who have attained retirement age may earn without incurring a reduction in benefits.
United States · United States Congress · 18 May 1989
Filipino World War II Veterans Naturalization Act of 1989 - Amends the Immigration and Nationality Act to provide for the naturalization of certain Filipino World War II veterans. Authorizes appropriations.
United States · United States Congress · 18 May 1989
Garnishment Equalization Act of 1989 - Provides for the treatment of Federal pay in the same manner as non-Federal pay with respect to garnishment.
United States · United States Congress · 18 May 1989
Designates July 2, 1989, as National Literacy Day.
United States · United States Congress · 18 May 1989
Designates 1990 as the International Year of Bible Reading.
United States · United States Congress · 17 May 1989
Dire Emergency Veterans Medical Care Supplemental Appropriations Act for the fiscal year ending September 30, 1989 - Makes emergency supplemental appropriations to the Department of Veterans Affairs for FY 1989 for veterans' medical care.
United States · United States Congress · 16 May 1989
Amends the Internal Revenue Code to allow farmers' cooperatives to elect to treat as ordinary income or loss certain capital gains and losses from the disposition of assets used in conducting business with or for patrons.