United States · United States Congress · 3 October 1989
Calls upon the President to: (1) communicate forcefully to the President of the Republic of Korea during their summit the concerns of Congress regarding the deterioration of respect for human rights in South Korea; and (2) urge the South Korean Government to release all persons imprisoned solely for their nonviolent political activities, provide for independent investigations into reports that political detainees have been mistreated by police and members of the Agency for National Security Planning, that the restrictions on freedom of expression (including and end to the banning and confiscation of books), and implement faithfully the democratic reforms pledged by President Roh Tae Woo on June 29, 1987. Calls upon the Secretary of State to direct the U.S. diplomatic mission in South Korea to meet with all sectors of Korean society to communicate continuing concern about human rights and democratic reform in South Korea.
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
Requires the Secretary of Veterans Affairs, in any case in which there has been either a disallowance of a veterans benefits claim or a partially awarded claim, to provide to the claimant a written statement setting forth notice of procedural rights of the claimant and the rationale for the disallowance. Requires that such statement: (1) be provided at each procedural stage relating to the disposition of a claim; (2) include a summary of the evidence supporting the disallowance or the partial award; (3) be in such forms as the Secretary prescribes by regulation; (4) include a description of each subsequent procedural stage before the Department of Veterans Affairs; (5) include a description of all rights of the claimant expressly provided for in the veterans' benefits code, the claimant's right to a hearing, to reconsideration, to appeal, and to representation, and any specific procedures necessary to obtain the various forms of review available for consideration of the claim; and (6) include such other information as the Secretary determines would be useful and practical to assist the claimant in obtaining full consideration of the claim. Adds parallel requirements with respect to the Chairman of the Board of Veterans' Appeals.
United States · United States Congress · 20 September 1989
Authorizes the National Park Service to sponsor a free concert by the American Soviet Youth Orchestra on the Capitol grounds on August 28, 1990. Directs the Capitol Police Board to take such action as may be necessary to carry out this Act. Permits the Architect of the Capitol to prescribe conditions for physical preparations for the concert.
United States · United States Congress · 14 September 1989
Congressional and Judicial Equal Employment Opportunity Act of 1989 - Amends the Civil Rights Act of 1964 to require that personnel actions affecting employees or applicants in the legislative and judicial branches of the Government be free from any discrimination based on race, color, national origin, religion, sex, handicap, or age. Allows Members of Congress to take into consideration an individual's domicile and political affiliation. Establishes within the judicial branch an Employment Review Board. Provides that members of the Board be appointed from the retired judges of the Supreme Court and Courts of Appeals. Authorizes an aggrieved individual to file a written complaint with the Board. Establishes procedures for the Board to investigate, settle, hear, and determine the claims alleged. Provides that if a violation is found an order for relief may compel the defendant to: (1) employ or reinstate such individual on such terms and conditions as may be appropriate, except that the Board may not compel any committee or Member of Congress to employ or reinstate, or modify the terms and conditions of employment of, any individual; (2) pay compensatory damages; and (3) pay fees and allowances of witnesses and reasonable attorneys' fees. Authorizes the U.S. Court of Appeals for the District of Columbia Circuit to review, enjoin, set aside, suspend, modify, or enforce orders of the Board. Requires members of the Board to submit written reports to the Committee on Standards of Official Conduct of the House of Representatives and the Senate Select Committee on Ethics describing complaints during the reporting period.
United States · United States Congress · 12 September 1989
Designates October 27, 1989, as National Hostage Awareness Day in recognition of the 42d birthday of Terry Anderson and his fifth year in captivity. States that efforts should be made to have such date declared International Hostage Day by the United Nations. States that all Federal and international agencies should increase efforts to secure the release of the remaining hostages in Lebanon. Calls for prayer on such date for the release of all U.S. and foreign hostages in Lebanon.
United States · United States Congress · 4 August 1989
Department of Housing and Urban Development Accountability Act of 1989 - Requires the Secretary of Housing and Urban Development to provide for the following in the housing assistance selection process: (1) publication in the Federal Register of selection criteria and assistance availability; (2) documentation of selection decisions, including individual program documentation standards published in the Federal Register; and (3) specified applicant disclosure. Requires: (1) the Secretary to report to the Congress regarding such activities and a related consultant fee limitation plan; and (2) the Inspector General of the Department of Housing and Urban Development (HUD) to include in his semiannual reports an assessment of compliance with the requirements of this Act. Prohibits during any housing assistance selection process: (1) an applicant from soliciting or obtaining any covered selection information from any HUD officer or employee; or (2) a HUD officer or employee from knowingly disclosing such information to any person other than a person authorized by the Secretary to receive it. Sets forth administrative, civil, and criminal penalties for disclosure violations. Directs the Secretary to consider any applicable low-income tax credit in establishing assisted housing owner profit levels.
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 · 2 August 1989
Steel Fair Trade Review Act - Requires the President to submit to the Congress a report concerning progress achieved, pursuant to the steel trade liberalization program, on an international consensus to remove trade distorting practices in global steel markets. Specifies the issues such report must address.
United States · United States Congress · 1 August 1989
High Risk Occupational Disease Notification and Prevention Act - Establishes a Risk Assessment Board (the Board), within the Department of Health and Human Services (HHS), to: (1) review pertinent medical and scientific reports on the incidence of disease associated with exposure to occupational health hazards; (2) identify and designate populations at risk that should receive notification; (3) develop a form and method of notification that will be used by the Secretary of Health and Human Services (the Secretary); and (4) determine the appropriate type of medical monitoring or beneficial health counseling. Sets forth factors for Board consideration and priorities in designating populations at risk of disease for notification. Directs the Secretary to make every reasonable effort to ensure that each individual within a population at risk of disease is notified of the risk. Requires the Secretary, through the National Institute for Occupational Safety and Health (NIOSH), to conduct the required notification, with specified exceptions. Allows an employer to apply to NIOSH for an exemption from such employee notification because that employer's employees are not at risk of disease because of significant mitigating factors. Provides for telephone "hot lines" and other dissemination of information. Authorizes the Secretary to certify a private employer or a State or local government to conduct notification. Provides for judicial review of Board determinations. Requires the Secretary to establish and certify ten occupational and environmental health centers to: (1) provide education, training, and technical assistance to personal physicians and health and social service professionals who serve employees notified that they are at risk under this Act; and (2) provide diagnosis, treatment, and medical monitoring and family services for such employees. Directs the Secretary to make grants to conduct research, training, and education aimed at improving the means of identifying employees exposed to occupational health hazards and improving medical assistance to such employees. Authorizes the Secretary to make grants and contracts for training and curriculum development in occupational medicine or health to schools of medicine and of nursing. Provides that such assistance shall be for projects: (1) at schools with occupational medicine or health programs, for faculty continuing education, curricula and training materials for undergraduate medical or nursing training, and clinical training for residents in graduate medical programs; and (2) at schools without such programs, for faculty training. Directs the Secretary, during FY 1991 through 1993, to make such grants and contracts to at least ten schools of medicine or nursing. Requires that the medical monitoring recommended by the Board be provided by the current employer: (1) at no additional cost to the employee (above any existing employee health care contribution), if any part of the exposure occurred in the course of employment by that employer; or (2) at a charge to the employee not exceeding the additional cost to the employer (above any existing employer health care contribution), or at no charge, if no part of such exposure occurred in the course of employment by that employer. Sets forth special rules for medical monitoring by small businesses and of seasonal agricultural workers. Prohibits discharging or discriminating against employees, or applicants for employment, on the basis that they are or have been members of a population at risk. Makes an exception to such prohibition if the position which the applicant seeks requires exposure to the occupational health hazard which is the subject to the notice. Allows an employer with 50 or fewer employees to transfer an employee who is or has been a member of a population at risk to another job if earnings, seniority, and other employment rights and benefits are as comparable as possible to the old job and if the terms of an applicable collective bargaining agreement are not violated. Grants the option of being transferred to a less hazardous or nonexposed job to any employee member of a population at risk who is determined by a physician to show evidence of developing the disease described in the notice or other symptoms or conditions increasing the likelihood or incidence of such disease. Requires that the employee maintain earnings, seniority, and other employment rights and benefits of the former job. Sets forth procedures for independent reconsideration of the initial medical determination. Sets forth special rules for medical removal. Makes such protection inapplicable to seasonal agricultural workers with less than six months continuous employment with an employer. Exempts from the requirement of medical removal protection any employer who has 50 or fewer employees and who has made or is making a reasonable good faith effort to eliminate the occupational health hazard that is the basis for the medical removal decision. Provides for confidentiality of employee records unless disclosure is authorized by and is necessary to carry out a provision of this Act, or is authorized by the employee. Permits employees aggrieved by violations of provisions involving medical monitoring, medical removal, discrimination, and confidentiality to apply, within six months after the violation occurs, to the Secretary of Labor for a review of the alleged violation. Sets forth provisions for investigations, actions, defenses, determinations, and appeals in such cases. Provides for reinstatement and other relief for employees injured by such violations. Sets forth civil penalties for such violations. Authorizes the Secretary (of HHS) to bring an action in U.S. district court to enjoin an employer from violating this Act. Directs the Secretary of Labor to report annually to the Congress on the implementation and enforcement of the hazard communication standard. Directs the Secretary of HHS to report annually to the Congress on the implementation and enforcement of notification under this Act. Authorizes appropriations for FY 1989 through 1993.
United States · United States Congress · 28 July 1989
Expresses the sense of the House of Representatives that: (1) the Exxon Company should dedicate whatever resources are necessary and pay all expenses required to compensate affected parties expeditiously, mitigate impacts, and complete cleanup of Prince William Sound and other Alaska lands and waters damaged by the Exxon Valdez oilspill; (2) the scope and thoroughness of the cleanup should not be determined by Exxon, but by the U.S. Coast Guard; (3) if the cleanup has not been completed to the Coast Guard's satisfaction by September 15, 1989, Exxon should renew the cleanup in the spring, until the Coast Guard has determined that the cleanup is complete; and (4) Exxon should maintain a contingency force in affected Alaskan communities from September 15, 1989, until full-scale cleanup efforts renew in the spring.
United States · United States Congress · 27 July 1989
Nutrition Labeling and Education Act of 1989 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to deem a food misbranded unless its label states: (1) the serving size or other unit of measure customarily used; (2) the number of servings or other units per container; (3) the number of calories per serving and derived from total fat and saturated fat; and (4) the amount of total fat, saturated fat, unsaturated fat, cholesterol, sodium, total carbohydrates, complex carbohydrates, sugars, total protein, and dietary fiber per serving or other unit. Authorizes the Secretary of Health and Human Services to require additional label information. Exempts from the labeling requirements: (1) raw agricultural commodities, provided the same information is provided by the seller to the consumer in a manner prescribed by the Secretary; (2) food which is sold for immediate consumption at the place of sale; and (3) food which is processed and prepared in a retail establishment and is not for immediate consumption in the retail establishment. Directs the Secretary to contract with the National Academy of Sciences (NAS) to prepare a report making recommendations regarding the manner of the labeling. Directs the NAS to prepare the report within a specified period after execution of the contract. Deems a food misbranded if a claim is made which characterizes the amount of its calories, total fat, saturated fat, cholesterol, sodium, total carbohydrates, complex carbohydrates, sugars, total protein, or dietary fiber (constituents), unless: (1) the claim uses terms defined in regulations of the Secretary; and (2) the food contains the constituents in amounts which reduce dietary risk to persons in the general population. Deems a food misbranded if a claim is made which characterizes the relationship of its constituents to a disease or a condition unless: (1) the claim is made in accordance with regulations of the Secretary; and (2) the food contains the constituents in amounts which reduce dietary risk to persons in the general population. Allows the Secretary to authorize only those claims, regarding a relationship of constituents to a disease or condition, for which there is a scientific consensus. Allows proceedings for the enforcement, or to restrain violations, of the amendments made by this Act to be brought in the name of a State in which the food that is the subject of the proceedings is located (in addition to the existing authorization to bring such actions to enforce the FDCA in the name of the United States). Exempts a food which makes a claim which characterizes the relationship of its constituents to a disease or a condition in accordance with the requirements of this Act from the definition of the term "drug" in the FDCA.
United States · United States Congress · 26 July 1989
Industrial Design Anti-Piracy Act of 1989 - Amends the copyright law to provide for the protection of industrial designs of useful articles (including typefonts), except designs that are: (1) not original; (2) staple or commonplace; (3) different from commonplace or staple designs in insignificant ways; (4) determined solely by a utilitarian function; (5) composed of three-dimensional features of shape and surface in wearing apparel; (6) a semiconductor chip product already protected under another provision; or (7) embodying a process or idea or system. States that protection for a design shall be available for subject matter usually excluded if the design is a substantial revision, adaptation, or rearrangement of such subject matter. Sets the term of protection at ten years. Requires the design to be marked with a design notice when it is made public. States that omission of such notice shall not cause loss of protection or prevent recovery for infringement against any person who receives written notice of the protection. Specifies the criteria for determination of infringement of a protected design. Provides that protection of a design shall be lost if application for registration is not made within one year after the date on which the design is first made public. Provides procedures for application for the protection of a design through a certificate of registration. Sets a fee schedule for such process. Specifies the ownership and transfer rights of designs subject to protection. Provides remedies for infringement of a registered design, including injunctive relief and damages. Allows judicial review of a final refusal of the Register of the Copyright Office to register a design. Prescribes penalties for fraudulent registration, false marking, and false representation of any design. Provides that this Act shall take effect one year after the date of enactment. States that no design made public prior to the effective date shall be protected.
United States · United States Congress · 26 July 1989
Amends the Harmonized Tariff Schedule of the United States to suspend the duty on fluorspar containing 97 percent or less of calcium fluoride through December 31, 1992.
United States · United States Congress · 25 July 1989
Amends the Merchant Marine Act, 1936 to extend indefinitely, with regard to certain cargo preference provisions, the requirement that the Secretary of Transportation take steps to preserve the percentage share, or metric tonnage of bagged, processed, or fortified commodities experienced in calendar year 1984, of waterborne cargoes exported from Great Lakes ports pursuant to specified provisions of the Agricultural Trade Development and Assistance Act of 1954.
United States · United States Congress · 25 July 1989
Managed Health Care Access and Cost Containment Act of 1989 - Directs the Secretary of Health and Human Services to make grants to States to study, plan, and develop State basic health plans for individuals under age 65 who are not eligible for Medicare (title XVIII of the Social Security Act) benefits, who do not have access to employer-sponsored health coverage, and whose family income does not exceed limits set by the State. Sets forth reporting requirements. Authorizes FY 1990 appropriations for such grants.
United States · United States Congress · 25 July 1989
Steel Modernization and Fair Trade Act - Amends the Steel Import Stabilization Act to express the sense of the Congress that the President should commence negotiations with steel-exporting nations for the purpose of entering into a multilateral agreement to: (1) reduce or eliminate the use of subsidies, dumping, and other unfair and restrictive trade practices with respect to steel products; and (2) effectuate mechanisms for the enforcement of violations of such agreement. Declares that it is further the sense of the Congress that, if such an agreement is entered into, the President should take action to gradually phase-out bilateral arrangements (without permitting surges in steel imports) and should submit biannually to the Congress a report containing: (1) the operation of the multilateral agreement during the interval; and (2) the share of the domestic market for steel products that was accounted for by foreign-made articles during the interval. Requires the President, until such multilateral agreement is entered into, to reserve a specified percentage of the domestic steel market for articles produced by those foreign countries that: (1) are not engaging in unfair and restrictive trade practices with respect to steel products; (2) require steel product manufacturing facilities to observe pollution control standards; and (3) are implementing internationally recognized worker rights. Requires the Secretary of Commerce to establish procedures with respect to the importation of steel products in short supply situations. Extends the Steel Import Stabilization Act for a five-year period. Directs the U.S. International Trade Commission to focus on obtaining information from steel product consumers, as well as from steel companies, regarding the improvements in quality and service that result from industry modernization, including worker retraining within the industry.
United States · United States Congress · 20 July 1989
Marine Resource Protection and Driftnet Use Cessation Act of 1989 - Directs the Secretary of State to seek an international ban on the use of driftnets on the high seas. Directs the Secretary to report to the Congress: (1) describing the steps the Secretary has taken to begin negotiations; (2) detailing the progress of negotiations, if any; (3) listing nations which refused to negotiate and which use driftnet fishing on the high seas; and (4) recommending legislative action to encourage the listed nations to cease using driftnet fishing.
United States · United States Congress · 20 July 1989
National Academy of Science, Space, and Technology Act - Establishes in the Department of Education the National Academy of Science, Space, and Technology for the instruction and preparation for Federal service of selected persons. Establishes a commission to advise the Secretary of Education on the selection of a permanent location for the Academy, a course of study, and administrative matters. Directs the Secretary to determine the location of the Academy in the United States according to a specified process. Authorizes the Secretary to acquire land, prepare plans and designs, and construct and equip temporary or permanent public works at the location. Authorizes the Secretary to: (1) provide for the erection of temporary buildings and the modification of existing structures on existing government property; (2) provide for the functioning, equipping, maintaining, and repairing of those buildings and structures; and (3) contract with institutions for operation and instruction. Empowers the Secretary to determine the course of study and the organizational structure of the Academy, establish rules, appoint officials, determine the size of the student body, and oversee admissions. Requires each Senator and Representative to nominate candidates for admission, with the number of vacancies allocated to a State proportional to that State's representation in the Congress and with apportionment in the order of merit established by competitive examinations. Requires vacancies allocated to other sources to be filled from among candidates in each category in order of merit established by similar competitive examinations, not to exceed 15 percent of the total appointments authorized. Requires that each student at the Academy, in return for his or her education and room and board, owes the Federal Government four years of service in the National Aeronautics and Space Administration, the National Science Foundation, the Department of Health and Human Services, or any other Federal organization devoted to endeavors relating to science, space, or technology, subject to the approval of the Secretary. Allows the commitment also to be served in the Army, Navy, Air Force, or Marine Corps, subject to the rules and regulations of the particular branch.
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 · 12 July 1989
Expresses the sense of the Congress that the President shall commence bilateral negotiations immediately with Japan for the creation of a bilateral framework agreement on trade and economic issues that includes: (1) a declaration of the political and economic importance of U.S.-Japan relations and respective commitments under GATT; (2) specification of the topics for regular discussion between the two countries, including expansion of domestic demand in Japan and reduction of the U.S. budget deficit, invisible trade barriers, and agricultural policy; and (3) a dispute settlement mechanism.
United States · United States Congress · 11 July 1989
Professional Medical Liability Reform Act of 1989 - Establishes within the Department of Justice a program to fund the creation and operation of State medical liability arbitration panels. Confers upon such panels original and exclusive jurisdiction to hear all claims of medical malpractice that are not against the United States. Catalogs the powers of the panels. Sets forth standards applicable to panel decisions, including provisions relating to choice of law, timetable to govern decisionmaking, criteria relating to expert witnesses, and guidelines for the transmission of a written decision to the parties. Permits admission of evidence of collateral sources of compensation for injuries and requires a mandatory offset of amounts from such sources against damage awards. Authorizes panels to dismiss frivolous claims. Directs panels to determine the amount of damages owed to the plaintiff by a defendant found to be professionally negligent. Permits States to provide judicial enforcement of such damage awards if not promptly paid. Limits recovery for noneconomic loss to a maximum of $250,000, with provision for a cost of living adjustment every three years. Authorizes periodic payment of awards under certain circumstances. Prescribes procedures and standards to govern judicial review of a panel decision. Requires the panel to report to the State insurance commissioner and to the appropriate licensing or certification body within 30 days in cases when a defendant has been found guilty of professional negligence or when a settlement agreement is reached. Requires that the appropriate board make such report available for public inspection and that the commissioner promptly notify each liability insurance provider in the State concerning findings of negligence and the terms of any settlement agreement. Permits the State to authorize liability insurance providers to adjust their rates for persons found liable by a panel or who have entered into certain settlement agreements. Establishes a schedule of attorney fees in professional negligence actions. Provides for installment payment of such fees according to a formula specified in this Act. Subjects an attorney violating fee provisions to civil liability, with jurisdiction over such actions granted to Federal district courts. Requires each State to establish programs to: (1) study the causes of professional negligence in the interest of developing means to prevent or reduce its incidence; (2) review the authority and operations of State medical liability claims plans, risk management bodies, and appropriate health care professional licensing or certification entities; and (3) develop educational materials relating to professional negligence and standards of health care practice. Directs the State health commissioner to develop programs to identify, investigate, and report on incidents of professional negligence and to encourage facilities to take action to prevent future negligence. Fixes a statute of limitations for professional negligence actions. Encourages States to permit parties to a claim filed with a panel to enter into a settlement agreement at any time prior to a panel decision. Subjects such a settlement to the same attorney fee schedule that governs panel decisions. Directs the Attorney General to make specified payments to States eligible for medical liability panel funds according to a specified timetable and schedule. Requires the Governor of a recipient State to report to the Attorney General within one year after receipt of payment concerning the use of such payment. Authorizes the Attorney General to determine the allocation of funds to qualifying States and prescribes guidelines for such determinations. Empowers the Attorney General to make decisions concerning compliance with this Act, termination of allocations and repayment of funds in the event of noncompliance, and reallocation of funds according to guidelines in this Act. Sets forth procedures, a timetable, and standards to govern application by the Governor of any State for the certification of programs to qualify a State for funding under this Act. Makes decisions by the Attorney General concerning noncompliance, the termination of allocations, State repayment of funds, and the reallocation of funds final and not subject to judicial review. Directs the Attorney General to promulgate regulations to implement the provisions of this Act. Authorizes appropriations beginning in FY 1990.
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 · 21 June 1989
Stratospheric Ozone Protection Act of 1989 - Amends the Clean Air Act to list as class I and II substances which are known or may reasonably be anticipated to contribute to stratospheric ozone depletion. Authorizes any person to petition the Administrator of the Environmental Protection Agency (EPA) to add a chemical to such lists. Requires the Administrator to: (1) add to the class I list any substance having an ozone depletion potential greater than .15; (2) add to the class II list any substance having a significant ozone depletion potential; and (3) assign each listed substance a numerical ozone depletion potential factor, based upon a comparison with chlorofluorocarbon-11. Directs producers and importers of such substances to report annually to the Administrator on the production or import levels of such substances. Makes it unlawful to produce such substances in an amount greater than 1986 levels effective 180 days after enactment of this Act. Requires a further reduction by July 1, 1993, and makes it unlawful, effective July 1, 1996, to produce such substances for other than medical purposes. Authorizes the Administrator to promulgate rules under which persons may produce such substances in annual quantities greater than those specified under this Act if such persons obtain the rights to such production from other persons who will be subject to enforceable reductions in such substances which: (1) exceed the reduction otherwise required; (2) are greater than the annual production increase; and (3) would not have occurred in the absence of such transaction. Makes it unlawful to produce any listed substance which yields an ozone depletion potential greater than the 1986 depletion level. Requires the Administrator to promulgate regulations requiring a 95 percent reduction in ozone depletion potential of such substances by 1997. Provides that if the Administrator fails to promulgate such regulations, it shall be unlawful, effective July 1, 1997, to produce such substances in annual quantities yielding ozone depletion potentials greater than five percent of the 1986 depletion level. Directs the Administrator to promulgate regulations requiring producers of such substances to reduce production more rapidly if the accelerated schedule is necessary to protect human health and the environment or if the reduction is attainable, based on the availability of substitutes for such substances. Prohibits the importation of such substances or products using such substances, unless the exporting nation has an equivalent or more stringent production reduction program. Requires the Administrator to certify national programs, such certification to be reviewed annually. Equates imports with production when determining a manufacturer's required reductions. Directs the President to prohibit: (1) the export of technologies to produce class I substances; and (2) investment in facilities for producing such substances in nations which are not certified. Requires the Administrator to: (1) review sources containing information on potential chemicals or product substitutes and alternative manufacturing processes as replacements for class I substances; (2) report such findings to the Congress; (3) require producers to provide the EPA with their unpublished health and safety studies on chemical substitutes for such substances and notify the EPA before existing chemicals are put to significant new uses as chlorofluorocarbon and halon substitutes; and (4) annually update such review and, two years after this Act's enactment, include class II substances in such review. Directs the Administrator to promulgate rules applicable to replacements for such substances to require that processes and products that reduce overall risks to public health and the environment are used. Requires the Administrator to publish a list of prohibited substitutes and safe alternatives. Authorizes any person to petition the Administrator to add or remove a substance from such list. Makes it unlawful, after 1992, to manufacture or import any household or commercial appliance containing such substances unless such appliances have apertures that allow the removal of such substances without loss into the atmosphere. Prohibits, after 1990, the introduction of such substances into interstate commerce in pressurized containers weighing less than 15 pounds. Requires the Administrator to promulgate regulations requiring the maximum feasible reductions in the use of class I substances, including measures to: (1) recover and recycle such substances in manufacturing processes and prior to disposal of products containing such substances; (2) increase the efficiency of the use of such substances; (3) provide for the use of safe alternatives; (4) achieve reductions of at least 50 percent in the use of class I substances for servicing and repairs of household and commercial appliances and in the manufacture of products in which such substances are used as solvents or blowing agents; and (5) achieve reductions, without reduced fire safety, in releases associated with discharges of such substances from fire prevention or extinguishing equipment. Prohibits business establishments from performing services on motor vehicle air conditioners involving refrigerants, unless approved refrigerant recycling equipment is used and persons performing such services have been properly trained and certified. Applies such requirement three years after this Act's enactment to establishments which performed service on fewer than 100 air conditioners during 1990. Requires such establishments to certify to the Administrator that they meet such requirements or serviced fewer than 100 air conditioners during 1990. Requires containers of listed substances to bear labels stating that such substances harm public health and the environment by destroying the ozone layer and disrupting the climate.
United States · United States Congress · 21 June 1989
Emergency Chinese Adjustment of Status Facilitation Act of 1989 - Waives the two-year home country residence requirement for nationals of the People's Republic of China in the United States on a student (J) visa. Continues the legal status of nonimmigrant nationals of the People's Republic of China in the United States for adjustment or change of status purposes.
United States · United States Congress · 21 June 1989
Fair Labor Standards Amendments of 1989 - Amends the Fair Labor Standards Act of 1938 (the Act) to increase the minimum wage per hour from $3.35 in 1989 to: (1) $3.80 in FY 1990; and (2) $4.25 in FY 1991 and thereafter. Provides for annual adjustments of the minimum wage. Directs the Minimum Wage Review Board (established by this Act), by January 1, 1991, to review current economic data on wages, prices, and other economic indicators and determine how the minimum wage rate should be adjusted. Directs the Board, by October 1, 1991, to transmit to the Congress a recommendation to adjust the rate, including an estimate of the economic effects of doing so. Directs the Board to conduct such reviews and transmit such recommendations annually. Establishes the Minimum Wage Review Board, composed of five members appointed by certain congressional officers. Increases the small business exemption by revising the definition of an enterprise engaged in commerce for purposes of coverage under the Act ("the enterprise test"). Exempts from such coverage those businesses whose annual gross volume of sales or business is less than $500,000 (currently $362,500), effective October 1, 1989. Requires employers who were covered in 1988, but who are exempt under the new threshold, to continue to pay the $3.35 per hour minimum wage (and continue to be covered by overtime and child labor provisions of the Act). Removes the Virgin Islands from coverage by provisions for special industry committee minimum wage determinations and orders, including those involving employment under special certificates for learners, apprentices, and messengers and for students. Adds references to American Samoa under such provisions (American Samoa is currently covered by such provisions through references under other special minimum wage provisions). Removes references to Puerto Rico under such provisions, but continues and revises the special minimum wage treatment of Puerto Rico as follows: (1) in addition to designated types of employees (Federal, hotel, motel, restaurant, and food service) entitled to receive the full Federal minimum wage, employees in industries averaging $4.65 or more per hour would be so entitled; (2) employees in industries averaging from $4.00 to $4.64 per hour would receive the full rate by October 1, 1993, after a four-year period of gradual increases; (3) employees in industries averaging less than $4.00 per hour would receive the full rate by October 1, 1994, after a five-year period of gradual increases; and (4) employees of the Commonwealth of Puerto Rico, or a municipality or other governmental entity of the Commonwealth, in categories averaging less than $4.00 per hour and covered by 1985 amendments to the Act, would receive the full rate by October 1, 1995, after a six-year period of gradual increases. Increases the tip credit under the Act from 40 percent to 45 percent for FY 1990 and to 50 percent for FY 1991 and thereafter. (The tip credit deems the amount paid to a tipped employee, for minimum wage purposes, to be increased by an amount determined by the employer, but not by an amount in excess of the specified percentage of the applicable minimum wage rate.) Allows employers to pay a training wage at less than the minimum wage rate. Allows such training wage to be paid only: (1) until the employee has been employed a cumulative total of 60 days by all employers who are required to withhold payroll taxes for such employee; and (2) while such eligible employee is engaged in on-the-job training which is at least 30 days in duration. Prohibits payment of such training wage to migrant or seasonal agricultural workers or nonimmigrant aliens. Makes the individual responsible for providing proof of previous periods of employment with other employers. Allows such training wage to be paid only during the period from October 1, 1989, to September 30, 1991. Sets such training wage at: (1) not less than $3.35 per hour during the year beginning October 1, 1989; and (2) beginning October 1, 1990, not less than $3.35 per hour or 85 percent of the minimum wage, whichever is greater. Prohibits layoffs or termination of employment or reduction of the number of regular employees because of the training wage. Prohibits employee hours at the training wage during any month from exceeding one-fourth of all employee hours in the establishment. Sets forth notice requirements and enforcement provisions. Directs the Secretary of Labor (the Secretary) to report to the Congress by July 1, 1992, on the effectiveness of the training wage. Exempts from overtime provisions of the Act up to ten hours in any workweek if during such time the employee is receiving certain remedial education. Expresses the sense of the Senate that the rights and protections of the Act should apply to employees of the Senate or any office thereof. Directs the Senate Committee on Rules and Administration, within 180 days after the first minimum wage increase under this Act, to report a resolution which applies such rights and protection to Senate employees and establishes the scope of such coverage and remedies, enforcement, and other necessary procedures. Applies the rights and protections under the Act to any employee: (1) in an employment position in, and any employing authority of, the House of Representatives, using remedies and procedures under the Fair Employment Practices Resolution; or (2) employed under the Architect of the Capitol. Adds civil penalties for repeated or willful violations of specified provisions of the Act. Directs the Secretary, within 90 days, to promulgate regulations that interpret a specified professional exemption from overtime provisions under the Act to include computer systems analysts, software engineers, and other similarly skilled professional workers, even if such employees are compensated on an hourly basis, as long as they are compensated at an hourly rate at least six and one-half times greater than the minimum. Directs the Minimum Wage Review Board to contract with the Secretary to provide for the Bureau of Labor Statistics to conduct: (1) a study of the impact of increasing the Federal minimum wage on rural areas and high unemployment areas; and (2) specified surveys and research on the characteristics of minimum wage employment and the impact of modification of the scope of coverage and minimum wage levels under the Act. Directs the Board to submit to specified congressional committees the results of such studies and surveys, which are to be completed by specified deadlines.
United States · United States Congress · 21 June 1989
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 · 14 June 1989
Defense Program Management Improvement Act - Revises provisions relating to the qualifications, duties, term, and other administrative matters relating to major defense program managers. Outlines the following requirements concerning such program managers: (1) requires each to be a civilian; (2) requires each such position to be filled in a GS-13 through 15 pay grade; (3) specifies the term of such managers; (4) sets forth job evaluation procedures for such managers; (5) requires each to report and take direction from a civilian line of authority of senior acquisition personnel only; (6) authorizes such managers to receive information and employs members of the armed forces; and (7) allows members of the armed forces to be program managers only after resigning or agreeing not to reenlist in the armed forces. Directs the Secretary of Defense to establish a personnel system with a career path for civilian personnel within the Department of Defense. Requires the Secretary to begin implementing such system within three years after enactment of this Act. Requires certain educational and experiential qualifications of program managers under such system. Specifies educational requirements for persons who are program managers after two years after enactment of this Act but before the establishment of such personnel system.
United States · United States Congress · 13 June 1989
Amends the National Labor Relations Act to make it an unfair labor practice for an employer, upon the conclusion of a strike, to fail to reinstate employees with greater seniority rights than employees who returned to employment during the strike and whom the employer seeks to retain.
United States · United States Congress · 13 June 1989
Amends the Railway Labor Act to make it unlawful for any carrier, upon the conclusion of a strike, to fail to reinstate any employee with greater seniority rights than any employee who returned to employment during the strike and whom the employer seeks to retain.
United States · United States Congress · 25 May 1989
Administrative Dispute Resolution Act - Requires each Federal agency which administers an administrative program to adopt policies that address the use of the full range of alternative means of dispute resolution and case management in such administrative program. Directs the head of each such agency to designate a senior official to be the dispute resolution specialist to implement the provisions of this Act and agency policy. Requires each such agency to provide training for the dispute resolution specialist and other employees involved in implementing agency policies. Declares that such training may encompass theory and practice of negotiation, mediation, arbitration, or related techniques. Requires each such agency to determine whether to amend each standard contract, grant, and other assistance agreements to authorize and encourage use of alternative means of dispute resolution. Requires each agency to determine whether to revise its future standard grant agreements to permit and encourage its grantees to use such means. Requires the Federal Acquisition Regulation to be amended, as necessary, to carry out this Act. Authorizes the use of alternative means of dispute resolution in administrative hearings. Declares that each agency may use a dispute resolution proceeding if the parties agree. Authorizes the use of a neutral in such proceedings to serve as a conciliator, facilitator, or mediator at the will of the parties. Sets forth confidentiality provisions for dispute resolution proceedings. Authorizes the use of Federal arbitration as an alternative means of dispute resolution, if all concerned parties consent, either before or after an issue in controversy has arisen. Sets forth provisions with respect to the authority of the arbitrator. Requires arbitration awards to include a brief, informal discussion of the factual and legal basis. Declares that formal findings of fact or conclusions of law are not required. Makes the award final and binding on the parties to the matter and subject to judicial review. Authorizes an agency to use the services of employees of other agencies as neutrals. Authorizes the Administrative Conference of the United States to establish standards for neutrals, maintain a roster of individuals who can act as neutrals, enter into contracts for their services, and develop procedures to obtain their services on an expedited basis. Directs the Chairman of the Conference to compile and maintain data on the use of alternative means of dispute resolution in conducting agency proceedings. Authorizes agencies to use the services and facilities of other agencies with their consent for dispute resolution proceedings. Provides for judicial review of arbitration awards where the consent of the agency to use arbitration to resolve the issue in controversy was a gross abuse of discretion. Amends the Contract Disputes Act of 1978 to direct the contracting officer to make all reasonable efforts to resolve a claim or dispute consensually, before making a decision under such Act. Authorizes the use of alternative means of dispute resolution or other mutually agreeable procedures including binding arbitration for resolving claims, that do not exceed $250,000. Terminates such authorization on October 1, 1995. Increases the amount in dispute for accelerated appeal decisions. Provides for judicial review of arbitral awards. Amends the Labor Management Relations Act to authorize the Federal Mediation and Conciliation Service to make services available to Federal agencies to aid in the resolution of disputes under this Act. Authorizes each Federal agency to use arbitration or other alternative means of dispute resolution to settle any tort claim against the United States not in excess of the amount of a claim the agency may compromise or settle without the Attorney General's prior approval. Increases the amount of a Government claim that may be compromised by an agency. Sets forth criteria for the use of non-attorneys as representatives of parties to any dispute. Terminates the authority of agencies to engage in dispute resolution proceedings under this Act on October 1, 1995. Declares that such authority will continue in effect with respect to pending proceedings which require continuation.
United States · United States Congress · 25 May 1989
Utility Customer Refund Act of 1989 - Describes conditions under which a normalization method of accounting will not be assumed (for purposes of recapture of certain investment tax credits) in connection with the treatment of excess deferred tax reserves of public utility companies.
United States · United States Congress · 24 May 1989
Child Labor Deterrence Act of 1989 - Urges the President to propose to the United Nations Economic and Social Rights Committee that the Convention for the Rights of the Child include a worldwide ban on trade in products of child labor. Requires the Secretary of Labor to identify foreign countries that: (1) have not adopted, or enforced, prohibitions against the use of child labor in the manufacture of products; and (2) have exported products of child labor to the United States. Authorizes any person to file a petition with the Secretary requesting that a particular country be identified. Requires the Secretary, before making such identification, to: (1) consult with the U.S. Trade Representative, the Secretary of State, and the Secretary of the Treasury; and (2) publish notice in the Federal Register that such identification is being considered and invite public comment. Directs the Secretary of Labor to transmit to the Congress a report with respect to the national laws and practices of foreign countries pertaining to the commercial exploitation of children. Prohibits the importation of products which have been produced by child labor. Sets forth civil and criminal penalties.
United States · United States Congress · 24 May 1989
Amends the Federal-State Extended Unemployment Compensation Act of 1970 to permit States to use an indicator based on regular unemployment benefit exhaustion rates to determine whether extended unemployment benefits are payable.
United States · United States Congress · 24 May 1989
Prohibits a senior civilian official of the Department of Defense (DOD), a general officer, or a Navy flag officer from accepting compensation from a defense contractor for two years after such person's separation or release. Defines a senior civilian official of DOD as a civilian officer or employee serving in a position for which the rate of pay is greater than or equal to the rate of pay for a position in the Senior Executive Service. Makes applicable current Federal provisions that: (1) set forth civil penalties for the violation of such prohibition; and (2) allow a person who may fall under such prohibition to request the appropriate official for advice as to the applicability of such prohibition to his or her situation.
United States · United States Congress · 22 May 1989
Authorizes the President to present a gold medal to the family of the late Captain Don S. Gentile in recognition of his service as a fighter pilot ace of World War II. Authorizes appropriations. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal. Provides that appropriations used to carry out this Act shall be reimbursed out of the sale proceeds.
United States · United States Congress · 18 May 1989
Chemical and Biological Weapons Nonproliferation Act - Sets forth U.S. policy concerning chemical and biological weapons. Requires the Secretary of Commerce to issue such regulations, licenses, and orders as may be required to control the export of materials, equipment, and technology having significance for the manufacture or use of chemical and biological weapons. Makes subject to the penalties imposed by the Export Administration Act of 1979 any person who violates any regulation, license, or order issued by the Secretary. Requires the Secretary of State to assess the risk of the proliferation of chemical and biological weapons. Specifies particular matters to be considered by such assessment and requires such assessment to give particular attention to the materials, equipment, and technology that have direct significance for the production and use of chemical and biological weapons. Requires the Secretary of State to submit to the Congress a biannual report describing the status of: (1) control of the proliferation of chemical and biological weapons; (2) efforts to prevent the spread of such weapons; and (3) programs to control the export of materials, equipment, and technology having direct significance for the production of chemical and biological weapons. Requires the Secretary of State to establish a Chemical Industry Advisory Group to provide advice to the Secretary concerning such assessment and such biannual report. Requires the Secretary of State to inform the appropriate committees of the Congress of developments of significance to the proliferation and control of chemical and biological weapons.
United States · United States Congress · 18 May 1989
International Plutonium Control Act - Urges the President to seek negotiations with the Soviet Union on a verifiable agreement to end the production by both countries of plutonium and highly enriched uranium for weapons purposes. Expresses the sense of the Congress that the United States and the Soviet Union should: (1) establish verification arrangements to monitor the cessation of activities under this Act, including mutual inspections of production reactors, chemical separation and uranium enrichment facilities, and isotope separation plants; (2) furnish the equipment and personnel to implement safeguards at civilian nuclear facilities and consider transferring the safeguards mission to the International Atomic Energy Agency; and (3) consider increasing their respective contributions to the Agency to fund the assignment of fully trained inspectors to each country to assume additional safeguards responsibilities at civilian nuclear facilities. Urges the President to seek agreement with the Soviet Union that the United States and the Soviet Union will: (1) exchange information on the location, mission, and maximum annual capacity of their facilities essential to the production of tritium for stockpile replenishment; and (2) provide to each other a complete inventory of facilities dedicated to the production of plutonium and uranium for weapons purposes. Prohibits funds from being obligated or expended by the United States to operate facilities dedicated to the production of plutonium for weapons purposes unless the President certifies to the Congress that: (1) the Soviet Union has refused to enter in good faith into the negotiations; (2) the United States is unable to determine that Soviet facilities producing plutonium have ceased operation; or (3) the Soviet Union is continuing to obtain plutonium by operating civilian chemical separation plants that are not under bilateral U.S.-Soviet safeguards.
United States · United States Congress · 18 May 1989
Extended Unemployment Insurance Reform Act of 1989 - Title I: Improved Program of Extended Unemployment Compensation - Amends the Federal-State Extended Unemployment Compensation Act of 1970 to limit the amount of extended compensation payable to an individual to the amount established in the individual's extended compensation account. Increases the limit on the amount established in such account. Sets forth the formula for determining the new limit. Limits an individual's eligibility period for extended compensation to the number of weeks of the limit on the individual's compensation account. Requires the amount and duration of extended compensation payable under the interstate benefit payment plan to be the same as if the individual were filing the claim in the State establishing the account. Requires that each unemployment benefit duration period be a three-month period beginning on the first Sunday of January of each year and the first Sunday of every third month thereafter. Sets forth formulas, based upon each State's insured unemployment rate, for determining whether a benefit duration period shall be an eight-percent, seven-percent, six-percent, five-percent, or four-percent period. Requires that a benefit duration period be a "low-unemployment period" if the State's adjusted insured unemployment rate for the first week of such period and the immediately preceding 12 weeks was less than four percent. Sets forth an alternative method of determining a benefit duration period based upon the total rate of unemployment. Requires that each State be paid an amount equal to the applicable percentage of the sum of the sharable extended compensation and the sharable regular compensation paid to individuals under State law. Amends title IX (Employment Security) of the Social Security Act to authorize appropriations into the extended unemployment compensation account. Title II: Demonstration Projects - Directs the Secretary of Labor (Secretary) to enter into a demonstration program agreement with at least five States whereby extended unemployment compensation would be available for certain substate areas with specified levels of unemployment. Directs the Secretary to enter into a demonstration program agreement with at least five States for promotion of training programs for unemployment compensation recipients. Directs the Secretary to provide model criteria, technical assistance, and specified information for such State training programs. Directs State Governors to designate State agencies to approve training programs and participants. Directs the Secretary to: (1) collect data annually to evaluate such a demonstration program; and (2) transmit the first evaluation to the Congress by October 1, 1990. Provides, under the Social Security Act, for interest credits to a State's account in the Unemployment Trust Fund on the basis of State payments of unemployment compensation to individuals in approved training. Sets forth State reporting requirements. Requires the Secretary to report annually on the implementation of such training program provisions and on State regulations and procedures to comply with the Internal Revenue Code on unemployment compensation. Provides that the training program provisions under this title shall not be taken into consideration in determining whether there has been a net decrease in the solvency of any State unemployment compensation system. Title III: Assessment - Authorizes appropriations from the Federal Unemployment Account for allotment to the States, in addition to funds annually allotted for the operation of State employment service agencies, for: (1) assessment, testing, and counseling services to identify the skills and aptitudes of unemployed persons unlikely to return to their former occupations, and to determine alternative occupations or training opportunities for which they may qualify; and (2) instruction in job search techniques. Directs the States, in providing services under this title, to give priority to those most in need of assistance, including: (1) dislocated workers; (2) individuals who have been without jobs for at least 15 weeks and who want and are available for work; and (3) economically disadvantaged adults and youth.
United States · United States Congress · 18 May 1989
Declares that the Secretary of Defense should transfer closed military installations that are suitable for use as Federal penal and correctional institutions to the Department of Justice for the incarceration of individuals convicted of violating Federal drug laws.
United States · United States Congress · 11 May 1989
Amends the Federal Aviation Act of 1958 to prohibit a person from acquiring control of an air carrier unless the Secretary of Transportation finds that such acquisition would not result in an increase in the carrier's debt-to-equity ratio to a level greater than one-to-one. Declares that the Secretary may approve an acquisition of control of an air carrier which would result in a debt-to-equity ratio increase to a level greater than one-to-one if the Secretary finds that: (1) such air carrier would continue to be fit, willing, and able following such acquisition; and (2) such acquisition would not be to the detriment of the public interest.
United States · United States Congress · 10 May 1989
East-West Trade and Human Rights Enhancement Act of 1989 - Amends the Trade Act of 1974 to declare that a nonmarket economy country: (1) that is not eligible to receive nondiscriminatory treatment (most-favored-nation treatment) may not thereafter be granted such treatment unless the President determines that it is satisfactorily implementing internationally recognized worker rights; or (2) that is eligible for such treatment shall continue to be eligible subject to its recognition of fundamental human rights. States that the eligibility of such a country, if in effect within three years after enactment of this Act, shall terminate unless the President determines that it is recognizing such worker rights. Terminates three years after enactment of this Act the eligibility of nonmarket economy countries currently exempted from the human rights requirements of such Act unless the President determines that they are satisfactorily implementing worker rights. Requires the President, after making an affirmative determination that a nonmarket economy country is implementing such worker rights, to monitor the condition of such rights in that country. Authorizes the President to grant special tariff treatment for goods produced by one or more qualified cooperative enterprises in any nonmarket economy country that is not eligible for commercial benefits with the United States, if the President considers that such treatment will encourage that country to implement changes necessary to enable it to become eligible. Prohibits the President from granting such tariff treatment unless he submits to the Congress a report containing certain specifications. Provides for the suspension or withdrawal of such special treatment by the President. Authorizes the President to enter into bilateral commercial agreements that provide most-favored-nation treatment to countries previously denied such treatment provided that such country is taking steps to extend internationally recognized worker rights to its own workers. Establishes the United States-Nonmarket Economy Cooperative Enterprise Foundation to increase the trade and commercial linkages between the United States and cooperative enterprises in nonmarket economy countries. Establishes in the Treasury the Enterprise Foundation Trust Fund. Requires the Secretary of the Treasury to transfer specified funds from the general fund into the Trust Fund. Authorizes appropriations.
United States · United States Congress · 3 May 1989
Universal Health Insurance Act of 1989 - Adds a new title XXI to the Social Security Act entitled "Basic Health Insurance." Provides, under title XXI, for: (1) the establishment of one or more service areas within each State to deliver health care services; (2) the establishment of benefit standards; (3) the selection of carriers through competitive bidding; and (4) outreach services. Directs the Secretary of Health and Human Services in establishing the benefit standards to include the types of coverage normally provided by health insurance plans, including maternity, prenatal, and postnatal care and catastrophic protection. Provides that every U.S. national and lawfully admitted alien shall be eligible to enroll with a participating carrier. Determines the annual premium for such insurance by the use of a formula which takes into account an individual's income and net assets so that such premium increases with one's wealth. Provides that coverage under a title XXI plan shall: (1) be secondary in payment to any other insurance or benefit plan; and (2) not require any evidence of medical insurability or restrict coverage because of a preexisting condition or previous treatment. Provides a premium discount to enrollees who make little or no use of such insurance. Authorizes appropriations to carry out new title XXI in an amount equal to: (1) 100 percent of the cigarette excise tax; and (2) such additional amounts as may be required. Requires such funds to be used for making payments to health insurance carriers for health insurance coverage contracted for by the Secretary under title XXI. Amends the Internal Revenue Code to impose an additional tax on cigarettes. Imposes an excise tax, of six percent of total wages paid, on employers who do not offer their employees a health plan meeting title XXI benefit standards.
United States · United States Congress · 2 May 1989
Title I: Amendments to the Federal Election Campaign Act of 1971 - Amends the Federal Election Campaign Act of 1971 to define a qualifying House of Representatives candidate as one whose principal campaign committee includes in its statement of organization a declaration of the candidate's intention to abide by expenditure limitations under such Act, and to use broadcast time under the Communications Act of 1934 or to receive reduced postal rates. Prohibits a qualifying House candidate from making expenditures in excess of $50,000 of such candidate's personal funds for an election. Prohibits such candidate from spending in excess of $200,000 with respect to an election. Removes such limitation for all House candidates in an election if any candidate receives contributions or makes expenditures aggregating more than 50 percent in excess of the limitation applicable to a qualifying House candidate. Provides that the term contribution does not include the value of any advertising rate reduction made available to a qualifying House candidate by a newspaper or magazine, if such reduction is made available to any qualifying candidate and such reduction is made available during the 90-day period before the election. Prohibits a candidate for Federal office from establishing, maintaining, or controlling a political committee, other than an authorized committee of the candidate or a committee of a political party. Prohibits the personal use of campaign funds. Reduces from $5,000 to $1,000 the aggregate amount a multicandidate political committee may contribute to any candidate and his authorized political committee with respect to any election for Federal office. Provides for the accountability of contributions made by intermediaries or conduits. Prohibits a candidate for the office of Representative from accepting any contribution from a nonparty multicandidate political committee which exceeds: (1) $100,000 ($125,000 under certain circumstances) for a primary, general, or special election; and (2) $40,000 for a runoff election. Requires, when independent expenditures are made for television broadcast communications, that a statement appear continuously during such broadcast showing the name of the person or committee making such expenditure. Requires any type of general public communication to include such statement. Requires that any radio and television advertisement of a candidate for the House of Representatives include a statement indicating that such candidate has reviewed and approved the advertisement. Prohibits a multicandidate political committee from making contributions to more than one candidate in a general election for the House. Provides that a multicandidate political committee may make contributions with respect to a general election for the House of Representatives only in the year of the election. Directs that any person making a contribution to a multicandidate political committee with respect to a general election for the House shall have the right to designate that such committee use the amount to support: (1) a specific candidate; or (2) any candidate of a specific political party in the State where the contributor resides. Requires the committee, in the event of no designation by the contributor, to use at least 50 percent of such contribution in support of a candidate in the contributor's congressional district. Title II: Amendments to the Communications Act of 1934, Title 39, United States Code, and the Internal Revenue Code of 1986 - Amends the Communications Act of 1934 to authorize the Federal Communications Commission to revoke any station license or construction permit for willful or repeated discrimination against a candidate for Federal office in the amount, class, or period of time made available to such candidate on behalf of such candidacy. Requires broadcast stations to publish broadcast media rates which will be applicable to specified election periods. Requires such stations to give priority to legally qualified candidates in providing access to the use of such station. Prescribes broadcast media rates for non-qualified House candidates. Provides for reduced postage rates for qualified House candidates. Amends the Internal Revenue Code to provide individuals with a tax credit of up to $100 per taxable year for House of Representatives candidate contributions. Requires verification of such contributions. Disallows the credit if the contributions are transmitted through an intermediary group, organization, or committee.
United States · United States Congress · 2 May 1989
Foreign Language Competence for the Future Act of 1989 - Authorizes the Secretary of Education to make: (1) grants to higher education institutions and consortia for summer foreign language institutes for elementary and secondary school foreign language teachers; (2) allotments to State education agencies for revolving loan funds for college students majoring in elementary and secondary foreign language education; (3) matching grants to States and major metropolitan areas for foreign language institutes and world trade council units to provide language training, translation services, and information about other cultures and markets to small- and medium-sized businesses seeking to enter export markets; (4) demonstration grants to State education agencies, higher education institutions, and nonprofit education and professional associations for technology for distance learning; and (5) demonstration grants to eligible consortia for critical languages and area studies programs and other activities to improve and expand elementary and secondary foreign language instruction. Authorizes appropriations for FY 1990 through 1994.
United States · United States Congress · 2 May 1989
Prohibits the U.S. Government from giving its approval to the manufacturing license agreement involving the export of technology relating to the design, development, and production of the FSX aircraft in Japan.
United States · United States Congress · 27 April 1989
Overseas Base Closure and Realignment Act of 1989 - Establishes the Commission on Realignment and Closure of Bases Outside the United States. Requires the Commission to make recommendations with respect to the realignment or closure of U.S. military installations outside the United States and report to the Secretary and specified congressional committees the results of such recommendations. Directs the Secretary of Defense to: (1) close all military installations located outside the United States and recommended for closure by the Commission on Realignment and Closure of Bases Outside the United States; (2) realign all military installations located outside the United States and recommended for realignment by the Commission; and (3) initiate such closure or realignment no later than the earliest date on which the United States may, pursuant to treaty or other agreement with the foreign country concerned, close or realign the military installation concerned. Prohibits the Secretary from carrying out any closure or realignment under this Act unless: (1) no later than March 15, 1990, the Secretary has reported to the Senate and House Armed Services Committees that the Secretary has approved and will implement all closures and realignments recommended by the Commission; and (2) the Commission has recommended such closures or realignments and has reported such recommendations to the Committees. Prohibits the Secretary from carrying out any such closure or realignment if a joint resolution is enacted disapproving the recommendations of the Commission within a specified time. Directs the Secretary, in closing or realigning a military installation under this Act, to carry out any actions necessary to implement such closure or realignment. Waives, for purposes of this Act, any provision of law restricting the use of funds for closing or realigning military installations included in any appropriation or authorization Act. Establishes in the Treasury the Department of Defense Overseas Base Closure Account. Provides that, when a decision is made to use funds in the Account to carry out a construction project and the cost of such project will exceed the maximum amount authorized by law for a minor construction project, the Secretary shall notify the appropriate congressional committees of the nature of, and justification for, such project and the amount of expenditures for the project. Directs the Secretary, as part of each annual budget request for the Department of Defense, to transmit to the appropriate committees of the Congress: (1) a schedule of the closures and realignments to be carried out under this Act and the cost savings to be achieved; and (2) a description of the military installations to which functions are to be transferred as a result of such closures and realignments. Directs the Secretary to report to the appropriate congressional committees the amount and nature of deposits into, and expenditures from, the Account during the prior fiscal year. Outlines the legislative process for the consideration of Commission recommendations by way of a joint resolution in the Congress.
United States · United States Congress · 25 April 1989
Authorizes and directs the President to call on representatives of the broadcasting industry, in cooperation with public health organizations, to provide free air time to private and government organizations for antismoking public service announcements which educate the public about the dangers of cigarette smoking.
![Official portrait of Rep. Pease, Donald J. [D-OH-13]](https://www.congress.gov/img/member/p000170_200.jpg)