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United States · Official source
2,408 records where Rep. Hutto, Earl [D-FL-1] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 3 August 1989
Declares that the Congress acknowledges and appreciates the commitment, devotion, and sacrifices of present and former military families. Designates November 20, 1989, as National Military Families Recognition Day.
United States · United States Congress · 2 August 1989
Calls upon the President to: (1) seek the immediate extradition of Abdul Obeid from Israel to the United States, pursuant to the 1962 extradition convention between the United States and Israel; and (2) ensure that, upon entry into the United States, Obeid is arrested on charges regarding the kidnapping and murder of Lieutenant Colonel Higgins and prosecuted to the fullest extent of the law.
United States · United States Congress · 31 July 1989
Benjamin Franklin National Memorial Commemorative Coin Act - Requires the Secretary of the Treasury to issue a specified number of five-dollar gold coins, one-dollar silver coins, and half-dollar clad coins in commemoration of the bicentennial of the death of Benjamin Franklin. Provides that such coins shall be considered legal tender. Requires the Secretary to begin issuing such coins on October 1, 1989. Directs the Secretary to obtain silver for the minting of such coins from stocks of silver held by the Secretary or from any other federally owned stocks of silver and to obtain gold pursuant to authority under existing law. Provides that the design of such coins shall be selected by the Secretary after consultation with the Chairman of the Benjamin Franklin National Memorial at the Franklin Institute and the Chairman of the Commission of Fine Arts. Specifies the sales price of such coins as the face value plus costs. Requires that all sales of such coins include a surcharge of $35 per coin for five-dollar coins, $7 per coin for one-dollar coins, and $2 for half-dollar coins. Requires that all surcharges received by the Secretary from the sale of such coins shall be paid to the Benjamin Franklin National Memorial (The Franklin Institute): (1) to restore and renovate the Memorial; (2) to construct or renovate certain adjoining areas of the Franklin Institute; (3) to establish an endowment to ensure the continued upkeep and maintenance of the Memorial; (4) for exhibits in the Memorial or certain adjoining areas of the Institute; and (5) for funds for construction of certain facilities and for the acquisition and preservation of artifacts relating to Franklin. Authorizes the Comptroller General to audit such payments. Prohibits the minting of such coins under this Act after December 31, 1990. Requires the Secretary to ensure that the minting and issuance of such coins shall not result in any net costs to the Government.
United States · United States Congress · 31 July 1989
Designates October 1 through October 7, 1989, as National 4-H Awareness Week.
United States · United States Congress · 24 July 1989
Flag Protection Act of 1989 - Amends the Federal criminal code to eliminate knowingly casting contempt on the U.S. flag as an element of desecration of the flag. Provides for the expedited review by the Supreme Court of constitutional issues arising under this Act.
United States · United States Congress · 20 July 1989
Prohibits the Secretary of the Interior from engaging in any leasing activity with respect to specified submerged lands of the Outer Continental Shelf off the State of Florida. Directs the Secretary to promulgate guidelines for the United States to follow when buying back any existing oil or gas lease on such lands.
United States · United States Congress · 19 July 1989
Dolphin Protection Consumer Information Act of 1989 - Provides for the labeling of all tuna products as "DOLPHIN SAFE" if the products are, in their entirety: (1) not caught with specified nets or technologies; and (2) regardless of the country of origin, sold or consumed in the United States. Requires tuna products sold or consumed in the United States and not so labeled to bear the statement: "The tuna in this product has been captured with technologies that are known to kill dolphins." Deems a can, box, or package containing any tuna product mislabeled if it is not labeled as required by these provisions, or if its label contains any false or misleading information pertaining to dolphins, whales, or other cetaceans. Directs the Secretary of Health and Human Services, through the Food and Drug Administration, to conduct inspections to determine if tuna products are being labeled in accordance with provisions of this Act. Authorizes any person to commence a civil action against the Secretary where there is alleged a failure of the Secretary to perform the inspection. Provides for injunction proceedings, jurisdiction, burden of proof, trial by jury, and awarding of costs. Authorizes any U.S. citizen to seek an injunction or restraining order. Provides for criminal penalties.
United States · United States Congress · 19 July 1989
Designates 1992 as the Year of Clean Water and October 1992 as Clean Water Month.
United States · United States Congress · 12 July 1989
Designates the week of September 10 through September 16, 1989, as Iron Overload Diseases Awareness Week.
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 · 29 June 1989
Amends the Water Resources Development Act of 1986 to direct the Secretary of the Interior to conduct a study for the Congress to determine the eligibility of lands and waters within the Cross Florida National Conservation Area for inclusion within the: (1) national park system; (2) national wild and scenic rivers system; or (3) national forest system.
United States · United States Congress · 29 June 1989
Equity for Election Judges' Compensation Act of 1989 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to permit a State to exclude from coverage service performed by election officials or election workers if the remuneration paid for such service is less than: (1) $300 in a calendar year; or (2) $100 in a calendar quarter.
United States · United States Congress · 29 June 1989
Constitutional Amendment - Declares that the Congress and the States shall have power to prohibit the physical desecration of the U.S. flag.
United States · United States Congress · 29 June 1989
Constitutional Amendment - Declares that the Congress and the States shall have power to prohibit the act of desecration of the U.S. flag and to set criminal penalties for that act.
United States · United States Congress · 29 June 1989
Designates October 1989 as Polish American Heritage Month.
United States · United States Congress · 28 June 1989
Official Anthem of the Statute of Liberty - Dedicates "The Most Beautiful Lady in the World" as the official anthem of the Statue of Liberty.
United States · United States Congress · 28 June 1989
Designates the week of March 1 through March 7, 1990, as National Quarter Horse Week.
United States · United States Congress · 28 June 1989
Designates November 1989 as An End to Hunger Education Month.
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 · 27 June 1989
Constitutional Amendment - Declares that the Congress and the States shall have power to prohibit the act of desecration of the U.S. flag and to set criminal penalties for that act.
United States · United States Congress · 27 June 1989
Constitutional Amendment - Declares that the Congress and the States may by law prohibit and establish criminal penalties for an act of misuse or improper display of the U.S. flag.
United States · United States Congress · 27 June 1989
Constitutional Amendment - Declares that the Congress may by law prohibit and establish criminal penalties for an act of desecration, misuse, or improper display of the U.S. flag.
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 · 23 June 1989
Constitutional Amendment - Declares that the Congress and the States shall have power to prohibit the act of desecration of the U.S. flag and to set criminal penalties for that act.
United States · United States Congress · 22 June 1989
Limits Members of Congress to two usual and customary congressional newsletters as mass mailings and postal patron mailings in a calendar year. Requires the Senate Committee on Rules and Administration and the House Commission on Congressional Mailing Standards to prescribe rules and regulations to carry out this Act. Requires Members to file disclosure statements detailing mass mailing costs during the preceding six months. Provides for separate appropriations for the House and the Senate for franked mailings. Requires any Member whose spending for franked mailings exceeds the postage allowance to repay such excess expenses from the Member's office payroll account.
United States · United States Congress · 22 June 1989
Constitutional Amendment - Declares that, notwithstanding any provision of the Constitution, the Congress is empowered to enact and enforce laws prohibiting the desecration of the U.S. flag.
United States · United States Congress · 22 June 1989
Constitutional Amendment - Declares that the Congress and the States shall have power to prohibit the act of desecration of the U.S. flag and to set criminal penalties for that act.
United States · United States Congress · 22 June 1989
Constitutional Amendment - Declares that the Congress and the States shall have power to prohibit the act of desecration of the U.S. flag and to set criminal penalties for that act.
United States · United States Congress · 22 June 1989
Constitutional Amendment - Declares that the Congress and the States shall have power to prohibit and to establish criminal penalties for the acts of burning, defiling, or otherwise desecrating the U.S. flag.
United States · United States Congress · 22 June 1989
Constitutional Amendment - Declares that the Congress and the States shall have power to prohibit, and to establish criminal penalties for, acts of physical abuse, destruction, and desecration of the U.S. flag.
United States · United States Congress · 22 June 1989
Constitutional Amendment - Declares that the Congress shall have the power to protect the integrity and dignity of the U.S. flag.
United States · United States Congress · 22 June 1989
Constitutional Amendment - Declares that the Congress and the States shall have power to prohibit the act of desecration of the U.S. flag and to set criminal penalties for that act.
United States · United States Congress · 22 June 1989
Constitutional Amendment - Declares that the Congress and the States shall have power to prohibit the act of desecration of the U.S. flag and to set criminal penalties for that act.
United States · United States Congress · 22 June 1989
Constitutional Amendment - Declares that the Congress and the States shall have power to prohibit the act of desecration of the U.S. flag and to set criminal penalties for that act.
United States · United States Congress · 22 June 1989
Constitutional Amendment - Declares that: (1) the misuse or desecration of the symbol, emblem, seal, or flag of the United States or of the several States is not protected speech under the First Amendment to the U.S. Constitution; and (2) the Congress and the legislatures of the several States shall have power to enforce the Article proposed by this Joint Resolution.
United States · United States Congress · 22 June 1989
Designates October 1989 as National Domestic Violence Awareness Month.
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 House of Representatives that the Supreme Court decision to overturn statutes that protect the flag from desecration is without merit and the flag must be protected from any attempt to mutilate, damage, destroy, or desecrate it in any manner.
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 · 15 June 1989
Constitutional Amendment - Declares that the right of the people to allow voluntary prayer and the teaching of the Judeo-Christian ethic, including the Ten Commandments and the creation of the earth as accepted in Judeo-Christian tradition, in public schools shall not be denied or abridged by the United States. States that this Amendment does not: (1) force the people to enact any statute against their will; (2) constitute the establishment of a religion; or (3) permit any governmental or administrative authority to prescribe the form or content of any voluntary prayer.
United States · United States Congress · 14 June 1989
Title I: General Provisions - Coastal Defense Initiative of 1989 - Sets forth congressional findings and definitions. Title II: Coastal Water Quality - Directs the Administrator of the Environmental Protection Agency to promulgate numeric water quality standards for pollutants for which certain information has been published under the Clean Water Act. Requires such criteria to ensure the protection of public health and wildlife habitats, the propagation of a balanced, indigenous population of fish, shellfish, and wildlife, and recreation in and on coastal waters. Provides for the promulgation of additional criteria for pollutants which contribute to the degradation of coastal water quality. Provides that State criteria that are more protective of human health or the environment shall take precedence over national criteria. Authorizes Governors of coastal States to petition the Administrator to establish less stringent criteria if demonstrated that such criteria will achieve the designated uses of the water body and are justified because of the physical, chemical, or biological characteristics of such water. Requires the Administrator to grant such petitions if the proposed criteria will achieve the same level of protection as the national criteria. Authorizes any person to petition the Administrator to develop criteria for a pollutant. Directs the Administrator to develop and publish criteria and information on: (1) sediment quality for coastal waters; (2) marine and estuarine biological integrity; and (3) such other indices determined to complement the criteria published under the Clean Water Act. Requires Governors of coastal States to identify coastal waters: (1) for which applicable water quality standards cannot reasonably be anticipated to be achieved or maintained; and (2) which are currently achieving such standards but are threatened by foreseeable increases in pollution loadings from new or expanding sources. Directs such Governors, acting through State water pollution control authorities, to develop individual control strategies to: (1) identify the principal sources of pollutants from point and nonpoint sources; (2) establish the total maximum daily load of pollutants determined to contribute to the failure of waters to achieve or maintain water quality standards; (3) allocate among such sources the necessary reductions in loadings to achieve and maintain such standards and provide an implementation schedule for achieving such reductions; and (4) provide for a system for allocating and exchanging discharge credits and pollution offsets. Requires such control strategies to be submitted triennially to the Administrator for approval. Directs Governors to certify that permit renewals for point sources and land use activities in coastal zones are consistent with strategy requirements. Requires Governors of coastal States or the Administrator to designate outstanding coastal resource waters with particular ecological, recreational, or esthetic value, taking into account fisheries and shellfish resources, habitat, and recreational uses. Provides for petitioning and appeals of such designations. Directs such Governors to revise the continuing planning process to ensure that water quality and ecological integrity of State coastal waters will be maintained and protected. Amends the Clean Water Act to prohibit the issuance or renewal of permits for discharges into certain estuaries, outstanding resource waters designated under this Act, the territorial sea, or the exclusive economic zone unless the Administrator or a State determines that: (1) the need for the discharge and the lack of reasonable alternatives; and (2) that the discharge will not inhibit the protection of public health and wildlife habitat, the propagation of a balanced, indigenous population of fish, shellfish, and wildlife, or recreation in and on the water. Authorizes State Governors to request the Secretary of the department in which the Coast Guard is operating to enter into a cooperative agreement to permit a State or its political subdivision to enforce requirements for marine sanitation devices. Requires such agreements to authorize States or political subdivisions to assess and retain required penalties. Increase the amount of appropriations authorized to be appropriated for the National Estuary Program. Title III: Coastal Management - Amends the Coastal Zone Management Act of 1972 to require State agencies designated to carry out approved coastal zone management plans to submit coastal water quality protection plans to the Secretary of Commerce for approval. Sets forth provisions for plan approval and resubmission of disapproved plans. Limits Federal assistance to States that fail to submit plans. Authorizes the Secretary to approve plans that: (1) identify major land uses which may cause or contribute significantly to violations of marine water quality standards or impair existing uses of such waters; (2) establish and periodically revise model ordinances and regulations for use by State and local authorities for encouraging best land use management practices for preventing or reducing coastal water pollution; (3) encourage and assist local governments in implementing such ordinances; (4) contain enforceable review and certification policies; (5) establish a schedule of pollution reduction goals; (6) improve coordination between State and local agencies and officials for land use planning and permitting, water quality permitting and enforcement, and public health and safety; and (7) modify State boundaries as necessary to manage such activities. Applies such plans to coastal areas in which marine water quality standards are not being achieved, or are being met but are identified as threatened. Requires the Under Secretary for Oceans and Atmosphere to provide technical assistance to States and local governments in developing and implementing such plans. Directs the Administrator to review the inland coastal zone boundary of each State program to evaluate whether such boundary extends inland to the extent necessary to control land and water uses having a significant impact on State coastal waters. Requires the Administrator to recommend appropriate boundary modifications to the Secretary and the State if such modifications are necessary to manage better land and water uses and to protect water quality. Directs the Secretary, to promote coordination between the National Estuary Program and the Coastal Zone Management Program, to issue regulations governing the incorporation of Comprehensive Conservation and Management Plans under the Clean Water Act into State management programs under the Coastal Zone Management Act. Requires State agencies responsible for administering coastal zone management programs to designate representatives for each management conference convened under the Clean Water Act that includes coastal lands and waters. Deems Comprehensive Conservation and Management Plans in compliance with regulations under this title to be approved as components of a State's coastal zone management program. Title IV: National Coastal Monitoring Program - Establishes a National Coastal Environmental Monitoring Task Force. Requires the Task Force to establish uniform protocols to: (1) assess long-term conditions and trends; (2) assist in the development of regulatory programs to restore and protect coastal water quality; and (3) assess the effectiveness of coastal protection programs. Provides for the periodic review of such protocols. Requires the Task Force to authorize regional monitoring teams to develop regional coastal environmental monitoring plans to: (1) identify the current environmental conditions of coastal waters; (2) establish a sound technical basis for coastal environmental management decisionmaking; (3) incorporate standardized methods for sampling, analysis, and data management; (4) make better use of funds available for such monitoring; and (5) involve the public as full participants. Directs the Task Force to publish criteria for selecting coastal regions that may be eligible for the development of regional programs. Requires the Task Force to designate such regions and teams. Sets forth plan requirements and approval and modification procedures. Authorizes the Under Secretary to develop the plan if a regional team fails to do so. Incorporates monitoring requirements into: (1) the Marine Protection, Research, and Sanctuaries Act of 1972; (2) approved State coastal zone management plans; and (3) appropriate discharge permits. Establishes within the National Oceanic and Atmospheric Administration the National Coastal Monitoring Data Center. Requires the Under Secretary to examine existing Federal and State monitoring data management systems and issue guidance for the development of compatible systems. Makes available to the public all data maintained at the Center. Title V: Compliance and Enforcement - Directs the Administrator to provide to Federal agencies a list of persons discharging pollutants into coastal waters who have been found to be: (1) in significant noncompliance with discharge permits issued pursuant to the Clean Water Act; or (2) in violation of requirements established in management programs or conferences pursuant to such Act. Provides for the semiannual revision of such list. Prohibits Federal agencies from contracting with such persons for the procurement of goods, materials, or services if the contract is to be performed at any facility owned, leased, or operated by such persons. Prohibits Federal agencies from approving any project or awarding any grant for an activity that may adversely affect coastal water quality or coastal land and water use to any coastal State found to have: (1) demonstrated a pattern of continuing failure to achieve and maintain applicable marine water quality standards; or (2) failed to implement and enforce an approved comprehensive estuary management plan pursuant to the Clean Water Act. Waives sovereign immunity for purposes of enforcing any requirement of this Act or the Clean Water Act against any Federal agency discharging pollutants into coastal waters. Authorizes the Administrator to commence an administrative enforcement action against any executive department to enforce this Act. Requires Federal agencies which own or operate facilities that discharge into coastal waters (and that would otherwise qualify as major dischargers) to submit to the Administrator plans to carry out environmental audits of such facilities and to correct any incident of noncompliance with requirements of this Act or the Clean Water Act. Provides for biannual audits during the first year of plan implementation and periodically thereafter as determined by the Administrator. Requires industrial facilities found to be in significant noncompliance with a discharge permit to conduct such audits on a quarterly basis until the condition giving rise to the finding has been corrected and the facility is no longer in violation of applicable requirements. Directs major dischargers to provide certifications by environmental auditors prior to renewal of a discharge permit. Requires audits to be conducted by independent auditors unless the Administrator determines that the permittee has an internal auditing program consistent with applicable regulations. Directs the Administrator to: (1) issue regulations on such auditing and guidance for certification procedures; (2) convene a forum of interested professional organizations to identify eligibility requirements for certification and continuing education of such auditors; and (3) publish a list of auditors qualified to meet such guidelines. Permits dischargers, upon the development of a program consistent with such guidelines by a State, to select an auditor from the State list. Requires penalties assessed against dischargers under the Clean Water Act to be no less than an amount that eliminates economic benefit or savings that may have accrued to such person as a result of the violation. Makes a conforming amendment to the Marine Protection, Research, and Sanctuaries Act of 1972. Requires States having coastal waters that do not meet applicable water quality standards to post and maintain signs at each place of public access to such waters indicating the standards such water body does not meet. Deems violations of this Act to be violations of title I of the Marine Protection, Research, and Sanctuaries Act. Title VI: Funding - Establishes the Coastal Defense Fund (Fund). Directs the Administrator and the Under Secretary to make grants from the Fund to coastal States that: (1) establish their own coastal resources protection fund into which such grants will be deposited; (2) agree to deposit into such fund all receipts from coastal effluent charge systems; (3) agree to make grants and other expenditures from such funds; and (4) agree to undertake periodic accounting and reporting procedures. Outlines specific criteria to be considered by the Administrator and the Under Secretary in determining grant amounts. Allocates Fund moneys. Requires the Administrator to establish a National Coastal Effluent Charge System to: (1) provide economic incentives to coastal dischargers to eliminate or reduce the volume or toxicity of effluents; (2) raise $100,000,000 for the Fund; and (3) supplement existing public funding for Federal, State, and local coastal environmental quality programs. Directs the Administrator to establish a schedule of charges to be assessed annually against each coastal discharger. Establishes minimum and maximum amounts to be paid. Provides for a special hardship exemption under specified conditions. Sets forth deadlines for the assessments of such charges by the Administrator and States. Authorizes a coastal State to petition the Administrator for exemptions to the national charge system if such State currently requires fees similar in scope and purpose to the national system. Directs significant industrial users of publicly owned treatment works to pay annual charges based on pollutants authorized to be introduced into such works as determined by the Administrator's schedule of charges. Requires municipal authorities to retain charges paid by such users to implement and enforce requirements under this Act, the Clean Water Act, and the Coastal Zone Management Act of 1972. Bases initial charges on relevant variables in the discharge permit. Provides for modifications of such charges at the time of permit renewal. Amends the Outer Continental Shelf Lands Act Amendments of 1978 to authorize transfers from the Offshore Oil Pollution Compensation Fund to the Fund. Removes an upper limit placed on the Offshore Oil Pollution Compensation Fund. Amends the Coastal Zone Management Act to provide for the deposit into the Fund of certain unobligated funds and loan payments. Credits the following to the Fund: (1) certain penalties, fines, and other payments assessed under the Clean Water Act and the Marine Protection, Research, and Sanctuaries Act; and (2) specified Outer Continental Shelf revenues.
United States · United States Congress · 14 June 1989
Southeast Interstate Low-Level Radioactive Waste Compact Amendments Consent Act of 1989 - Grants congressional approval to amendments made by the party States to the Southeast Interstate Low-Level Radioactive Waste Management Compact which provide for: (1) withdrawal from the Compact; and (2) the maximum length of time a party State is required to operate a regional facility.
United States · United States Congress · 13 June 1989
Turtle Protection Parity Act of 1989 - Amends the Endangered Species Act of 1973 to prohibit the importation of shrimp: (1) from any country which does not require the use of turtle excluder devices by its shrimp fishing vessels in designated waters; or (2) which were harvested in designated waters by a vessel which did not use nets equipped with turtle excluder devices. Directs the Secretary of Commerce to: (1) designate, and publish a list of, those waters which constitute any part of the geographic range of sea turtles which are listed under such act as an endangered or threatened species; (2) publish and periodically update a list of each country which requires use of turtle excluder devices by its shrimp fishing vessels in designated waters; and (3) carry out provisions of this Act within three years after enactment. Delays the effective date of certain regulations issued by the Secretary on June 29, 1987, relating to sea turtle conservation until three years after enactment of this Act.
United States · United States Congress · 13 June 1989
Designates August 8, 1989, as National Neighborhood Crime Watch Day.
United States · United States Congress · 13 June 1989
Constitutional Amendment - Requires the removal from office of an Article III judge upon conviction of a criminal offense punishable by more than one year's imprisonment.
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.