United States · United States Congress · 4 August 1989
Veterans Health Professionals Educational Amendments of 1989 - Directs the Secretary of Veterans Affairs to institute a Reserve member stipend program under the Armed Forces Educational Assistance Program. Requires an individual, in order to be eligible for such assistance, to be accepted or enrolled as a full-time student at a qualifying educational institution in a course of education or training approved by the Secretary and that leads toward completion of a degree in a health profession involving direct patient care or care incident to such direct patient care. Prohibits the Secretary from approving the application of an individual applying for such assistance unless the individual is entitled to benefits under the Reserve GI Bill program and the individual achieved a certain qualifying score on the Armed Forces Qualification Test. Authorizes the Secretary to pay a qualifying individual $400 monthly under such program. Requires a period of obligated service as a full-time employee of the Department of Veterans Affairs from a participating individual in return for such assistance. Makes such an individual liable to the United States for failure to serve in the Department at a health-care facility for the agreed upon period. Increases the reserve member stipend amount whenever there is a general Federal pay increase.
United States · United States Congress · 4 August 1989
Older Workers Benefit Protection Act - Amends the Age Discrimination in Employment Act of 1967 (ADEA) to specify that it prohibits discrimination against older workers in all employee benefits except when age-based reductions in employee benefit plans are justified by significant cost considerations. Declares that, as used in ADEA, the phrase "compensation, terms, conditions, or privileges of employment" encompasses all employee benefits, including those provided under a bona fide employee benefit plan. Requires that the actual amount of payment made or cost incurred on behalf of an older worker be no less than that made or incurred on behalf of a younger worker, for each benefit or benefit package, in order for an employee benefit plan not to violate ADEA. Places on the employer, employment agency, or labor organization the burden of proving, in any civil enforcement proceeding brought under ADEA, that specified actions are lawful. Requires a seniority system or employee benefit plan to comply with ADEA regardless of the date of adoption of such system or plan. Applies this Act to all actions or proceedings under ADEA that were brought after June 23, 1989, or that were pending on such date (which is the date on which the Supreme Court issued the decision in Public Employees Retirement System of Ohio v. Betts).
United States · United States Congress · 4 August 1989
Yosemite National Park Centennial Medal Act - Directs the Secretary of the Treasury to strike and sell not more than 750,000 gold, silver, and bronze medals in commemoration of the centennial of Yosemite National Park, California, in 1990. Requires that all sales of such medals include a surcharge of $35 per medal for the gold medals, $7 per medal for the silver medals, and $2 per medal for the bronze medals. Requires that all surcharges be paid to an endowment fund for the benefit of the Park to be administered by the National Park Foundation. Requires that the interest from the fund be paid to the Secretary of the Interior to fund special supplemental projects relating to back country trail development and rehabilitation and the preservation of Sequoia groves within the boundaries of the Park. Requires the Secretaries to enter into a memorandum agreement to allow: (1) the Secretary of the Treasury to deliver medals to the Secretary of the Interior; and (2) the Secretary of the Interior to provide for the sale of the medals in National Park facilities. Grants the Comptroller General the right to examine all records of the National Park Foundation which are related to such medals. Provides that no medals may be struck after December 31, 1991.
United States · United States Congress · 4 August 1989
Food for Democracy Act of 1989 - Amends the American Aid to Poland Act of 1989 by authorizing the Secretary of Agriculture to donate to Poland surplus agricultural commodities held by the Commodity Credit Corporation, subject to specified conditions.
United States · United States Congress · 4 August 1989
Amends the Rural Electrification Act of 1936 to permit prepayment and refinancing of Rural Electrification Administration guaranteed loans made to rural electrification and telephone systems if: (1) private capital is used for such prepayment; and (2) the borrower certifies that any savings incurred will be passed on to customers, used to improve the borrower's financial strength, or used to mitigate future rate increases. Sets forth the interest rate for such loans. Prohibits any additional loan charges.
United States · United States Congress · 4 August 1989
Farm Debt Tax Reform Act of 1989 - Amends the Internal Revenue Code to exclude from gross income up to $350,000 (lifetime total) of capital gain from the transfer of property in complete or partial satisfaction of qualified farm indebtedness of a taxpayer: (1) whose modified gross income is below the national median adjusted gross income; (2) whose gross receipts for three of the preceding five years are at least 50 percent attributable to farming; and (3) whose equity in all property held after the transfer in question is less than the greater of $25,000 or 150 percent of income tax liability. Applies a comparable exclusion with respect to the discharge of qualified farm indebtedness of solvent farmers who meet these requirements and whose indebtedness both before and after the relevant transfer equals at least 70 percent or more of equity. Permits both tax exclusions retroactively with respect to taxable years 1987 and thereafter.
United States · United States Congress · 3 August 1989
Adult Literacy and Employability Act of 1989 - Title I: Literacy Coordination - Establishes a Joint Presidential-Congressional Task Force on Adult Literacy. Requires the Task Force to report to the Council for Literacy Coordination established by this Act. Terminates the Task Force six months after its last member is appointed. Authorizes appropriations for the Task Force for FY 1990. Establishes the Cabinet Council for Literacy Coordination (the Council). Requires the Council to report annually to the Congress and the President. Authorizes appropriations for the Council for FY 1990 through 1993. Amends the Department of Education Organization Act to establish in the Department of Education an Office of Adult Literacy, to be administered by a Director of such Office. Requires the Director to: (1) coordinate the administration of literacy programs within the Department; and (2) work with the Cabinet Council for Literacy to coordinate related activities. Establishes the National Center for Adult Literacy as a nonprofit corporation which will not be an agency or establishment of the Federal Government. Divides the Center into a research institute, a technical assistance and training institute, and a policy analysis institute. Requires an annual report to the Congress. Authorizes appropriations for the Center for FY 1990 through 1994. Directs the Chairperson of the Council to make grants to States for a network of State or regional adult literacy resource centers. Authorizes appropriations for such grants for FY 1990 through 1992 and succeeding fiscal years. Requires each State that receives adult literacy assistance under an applicable Federal program to: (1) establish a State advisory board on literacy; and (2) submit a State literacy coordination plan. Requires the State Governor to report annually to the Council. Title II: Investment in Literacy - Amends the Adult Education Act (AEA) to increase and extend through FY 1995 the authorization of appropriations for AEA programs. Revises allotment provisions. Requires limitations on the use of funds to: (1) eliminate a cap on high school equivalency certificate programs; and (2) require that a specified amount be used to support adult education and literacy services provided by community-based organizations and nonprofit volunteer agencies. Includes among projects for which State must expand a portion of their AEA allotments: (1) development and expansion of innovative programs; and (2) support for statewide volunteer technical assistance activities. Eliminates certain maintenance of effort requirements. Authorizes the Chairperson of the Council to make matching challenge grants to State for investment in adult literacy instruction staff training and educational technology. Allows States, for purposes of matching such grants, to reserve specified portions of funds for FY 1990 through 1995 under specified Federal laws. Requires that States receiving such grants make available federally-assisted adult literacy program equipment, facilities, or training services, when not in program use or when surplus capacity exists, to other adult literacy programs (without charge or in certain circumstances at cost). Authorizes appropriations for such challenge grants for FY 1990 and succeeding fiscal years. Establishes a Literacy Leader Training Fund. Directs the Secretary of Education (the Secretary), through the Office of Adult Literacy, to make scholarship grants from the Fund to individuals pursuing careers in adult education, instruction, management, research, or innovation, for education or research to expand their expertise. Authorizes appropriations for such purposes for FY 1990 and succeeding fiscal years. Amends the Library Services and Construction Act (LSCA) to establish a library literacy demonstration program. Directs the Secretary to make grants to State and local public libraries for model innovative programs for delivery of adult literacy services, including development of technology-based centers. Requires that a peer review panel advise on grant criteria and application review, and that an expert in library literacy activities administer such program in the Department of Education. Authorizes appropriations for FY 1990 through 1994 for such library literacy demonstration program. Extends through FY 1994 the authorization of appropriations for other LSCA library literacy programs. Title III: Family Literacy - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary to carry out through the Office of Adult Literacy the Secretary's functions under the Even Start program (which integrates early childhood education and adult education for parents). Title IV: Workplace Literacy - Amends the Job Training Partnership Act (JTPA) to provide for workplace literacy skills and programs. Revises State education coordination and grant programs to provide financial assistance for any State education, labor, or economic development agency (or consortia) to enhance provision of statewide workplace literacy training and education through cooperative agreements between appropriate agencies and organizations. Requires that at least 75 percent of funds for such activities be used to improve program quality by means such as application of learning technology, model program development, and investment in staff training and services targeted at participants lacking workplace skills. Revises general program requirements for the service delivery system to require private industry councils to give priority to participant placements with businesses and industries that have a workplace literacy program or are willing to develop one with other public and private agencies. Makes individuals lacking workplace literacy skills eligible for adult and youth training program services. Requires, beginning in program year 1990, that at least 40 percent of adult program participants in each service delivery area (SDA) be in need of and be offered basic training through an individual workplace literacy plan. Requires assessment and testing of each potential participant's workplace literacy skills and employment skills. Allows participants who have been placed in employment to continue workplace literacy training until they have achieved their goal or for at least two years, whichever is earlier. Requires SDAs to provide such training for such duration to participants who need and would benefit from it. Allows such training to include workplace literacy training and English-as-a-second-language. Requires such activities to be described in an individualized workplace literacy plan for each participant, including goals based on participant needs. Requires that eligible dislocated workers lacking workplace literacy be offered basic skills training for at least a two-year period from the date of entry into the program. Establishes a Workplace Literacy Demonstration Program. Authorizes the Secretary of Labor to make grants for joint ventures of business, industry, or labor (or consortia) cooperating with State, County, or local governments or private industry councils (or consortia) to provide large-scale model development approaches to improving the basic workplace skills of the workforce. Requires the use of such funds for: (1) basic skills training; (2) specific program offerings; (3) assessments of individual and workplace skill needs; (4) program evaluations; and (5) technology-based learning environments. Sets forth matching requirements for grantees. Requires independent evaluation of such programs. Authorizes appropriations for FY 1990 through 1995 for such programs.
United States · United States Congress · 3 August 1989
Agricultural Extended Retirement Credit Act of 1990 - Extends creditable service under the Civil Service Retirement System for periods of service in certain Federal-State cooperative programs which had agricultural or related purposes. Establishes a hiring limitation period of four fiscal years after 60 days following enactment of this Act on the replacement of retirees in the United States Department of Agriculture. Prohibits the obligation or expenditure of any budget authority or outlays saved in any fiscal year by reason of reduced pay and personnel resulting from implementation of this Act. Requires that the budget authority and outlays thus saved: (1) be carried to the surplus fund of the Department of Agriculture and deposited by the Secretary of Agriculture in the Treasury to the credit of the Civil Service Retirement Fund, as a Government contribution; and (2) credited against pay and other personnel costs required to be sequestered under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Requires the Comptroller General to notify the Congress, of of each instance of noncompliance with the requirements of this Act. Directs the Director of the Office of Personnel Management to report to the Congress on an evaluation of the extended credit retirement program and the limitation on replacement of retirees provided under this Act.
United States · United States Congress · 3 August 1989
Amends the Food Security Act of 1985 to extend the Secretary of Agriculture's authority to enter into multiyear vegetative cover set-asides through the 1993 crop year. Authorizes special set-asides to establish wildlife habitats and feeding areas. Limits the Federal share for such set-asides to 25 percent. Requires State: (1) matching funds; and (2) producer incentives, including property tax reimbursements.
United States · United States Congress · 3 August 1989
School Dropout Prevention Act of 1989 - Requires the Secretary of Transportation to withhold a portion of Federal highway funds from States which: (1) issue a motor vehicle license or instructional permit to an individual under 18 years of age who is not enrolled in an elementary or secondary school or in a State-certified course leading to a high school diploma or who has not obtained a high school diploma; and (2) fail to suspend or revoke a license or permit issued to an individual under 18 who withdraws from the school or course other than to enroll in another such school or course. Allows States to issue or not suspend or revoke a license or permit where individual circumstances so warrant.
United States · United States Congress · 2 August 1989
Children's Personal Injury Awards Tax Equity Act - Amends Internal Revenue Code provisions governing situations in which unearned income of a child under age 14 is taxed as if it were parental income. Excludes from income subject to the parental tax rate any earnings attributable to personal injury awards.
United States · United States Congress · 2 August 1989
Education Savings Bonds Improvement Act of 1989 - Amends the Internal Revenue Code to exclude from gross income any income from U.S. savings bonds used to pay tuition and fees of any grandchild at an institution of higher learning or vocational school. (Current law limits the exclusion to educational expenses of the taxpayer, spouse, or dependent.)
United States · United States Congress · 2 August 1989
Children's Tax Equity Act of 1989 - Amends the Internal Revenue Code to increase the amount of unearned income of a minor child that is not taxed as if it is parental income.
United States · United States Congress · 2 August 1989
Homeownership Equity Act of 1989 - Amends the Internal Revenue Code to eliminate the age requirement (55 years or older) for eligibility with respect to the one-time income tax exclusion of gain from the sale of a principal residence.
United States · United States Congress · 1 August 1989
Displaced Homemakers Employment Training and Self-Sufficiency Act - Amends the Job Training Partnership Act (JTPA) to add a new title VII, Displaced Homemakers. Directs the Secretary of Labor (the Secretary to allot funds to States annually for services for displaced homemakers. Requires that such funds supplement and not supplant other Federal, State and local public funds for such services. Reserves specified portions of such funds for: (1) discretionary funds for technical assistance, bonus grants, and additional service assistance; and (2) national data collection and related activities. Makes eligible for such bonus grants States that demonstrate an increase in State funding and services directed to displaced homemakers. Sets forth requirements for State plans, performance standards, and State administration. Requires each State Governor to designate a State displaced homemaker administrator, if one does not already exist, and a State displaced homemaker advisory council, to administer the program. Requires the State administrator to direct funds to local service providers, evaluate area service providers' meeting the needs of displaced homemakers, and perform other specified functions in cooperation with the State council. Requires the State council to assist in formulating, implementing, and coordinating the State plan, and to provide technical assistance to the State administrator and area service providers in program design and services improvement. Set forth requirements relating to council membership and meetings. Sets forth various services for which funds may be used under this Act for education, training, and supportive, coordination, linkage, and referral services for displaced homemakers. Required that specified portions of each State's allotment be allocated for: (1) State and local information gathering; (2) assistance or expansion of administration and delivery of services; (3) State administrative expenses, including those of the State administrator's office and the State council; (4) support service assistance to individuals; (5) linkages between public entities and local service providers; and (6) awards to local service providers, based on successful completion of training and paid employment placement of individuals. Requires no State matching funds for qualification for title VII assistance. Allows States to use title VII allotted funds to qualify for State matching funds required by other Federal, state, and local programs which serve displaced homemakers. Directs State administrators to select service providers that demonstrate ability to deliver effectively training, education, and supportive services to displaced homemakers, giving priority in assigning individual to those providers experienced in providing such services, giving special consideration to directing funds to providers which are community-based organizations, and giving priority to providers demonstrating coordination and referral abilities. Directs the Secretary to implement a uniform data collection system to assist displaced homemaker services. Directs the Secretary to report biennially, with recommendations, to the Congress on progress in providing training and other work-related services to displaced homemakers, with each State's recommendations for legislation. Directs the Secretary, through grants and contracts, and with guidance from the Women's Bureau, to: (1) conduct research into the economic conditions of the labor markets associated with displaced homemakers; (2) provide technical assistance to States and interested parties; and (3) serve as a national clearinghouse to disseminate materials and information from exemplary programs. Makes displaced homemakers receiving title VII assistance ineligible for assistance under title III (Employment and Training Assistance for Dislocated Workers) of the JTPA in any fiscal year in which the appropriation for title VII equals or exceeds a specified amount; but provides that they shall not be excluded from participation under title II (Training services for the Disadvantaged) of JTPA. Authorizes appropriations for FY 1990 and succeeding fiscal years for such new title VII Displaced Homemakers program under JTPA, as established by this Act.
United States · United States Congress · 1 August 1989
Comprehensive Food Safety Act of 1989 - Transfers to the Secretary of Agriculture food inspection functions and personnel of: (1) the Secretary of Health and Human Services carried out by the Center for Food Safety and Applied Nutrition under the Federal Food, Drug, and Cosmetic Act; and (2) the Secretary of the Interior under the Agricultural Marketing Act of 1946 as transferred by the Fish and Wildlife Act of 1956. Requires the Secretary of Agriculture to make rules with respect to such transfers, including the establishment of a single agency within the Department of Agriculture to carry out such functions and the functions of the Food Safety Inspection Service.
United States · United States Congress · 1 August 1989
Federal Reserve System Accountability Act of 1989 - Amends the Federal Reserve Act to expand: (1) from nine to 12 the number of Directors on the Federal Reserve Bank Boards; and (2) from three to six the number Class C Directors on such Bank Boards. Staggers the terms of newly expanded Class C memberships. Requires that members of Class C Directors include representatives from: (1) agricultural interests; (2) small business interests; (3) labor; and (4) consumer interests.
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 · 1 August 1989
Urges the President to consult with Latin American nations to arrange a head-of-government level hemispheric summit to address the problems of drugs and debt. Expresses the sense of the Congress that summit participants should discuss: (1) the formulation of a regional strategy to combat Western Hemisphere organizations that produce, process, and traffic in illicit drugs; and (2) all options and remedies for debt reduction.
United States · United States Congress · 31 July 1989
Authorizes the Secretary of Veterans Affairs, in the case of any individual discharged or dismissed from the armed forces under conditions other than honorable, to consider an application for, and issuance to such person of, an Exemplary Rehabilitation Certificate, if it is established that such person has rehabilitated himself, that his character is good, and that his conduct, activities, and habits since he was discharged or dismissed have been exemplary for a reasonable period of time, but not less than three years. Directs the Secretary to supply to the Secretary of Defense a copy of each such certificate issued, and requires the Secretary of Defense to place such certificate in the military personnel record of the affected individual. Permits the use of both oral and written evidence in the determination of the appropriateness of the certificate, including an appearance in person before the Secretary of Veterans Affairs by the individual being considered. Provides that no military or veterans' benefits shall accrue to an individual receiving such a certificate, unless the individual was previously eligible for such benefits under the original discharge or dismissal. Directs the Secretary of Labor to ensure that public employment offices accord to any person so discharged or dismissed but receiving an Exemplary Rehabilitation Certificate special counseling and job development assistance. Directs the Secretary of Veterans Affairs, no later than January 15 of each year, to report to the Congress the number of cases reviewed under this Act and the number of certificates issued. Authorizes the Secretary to issue regulations, delegate authority, and utilize the services of the Office of Personnel Management in carrying out this Act.
United States · United States Congress · 28 July 1989
Designates the Agricultural Research Service, Department of Agriculture, animal health research building located at the Roman L. Hruska United States Meat Animal Research Center in Clay Center, Nebraska, as the Virginia D. Smith Animal Health Research Laboratory.
United States · United States Congress · 27 July 1989
Commends the citizens of the Sioux City, Iowa, tri-State area for their heroism and volunteerism in providing assistance to the passengers and crew of crashed United Airlines Flight 232.
United States · United States Congress · 26 July 1989
Expresses the sense of the Congress that the Exxon Company USA has not fulfilled its obligation to clean up the oil spill caused by its tanker in Prince William Sound in Alaska, and that Exxon should take appropriate steps to ensure a thorough cleanup, including maintaining monitoring crews during the winter, until the oil spill is completely cleaned up.
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 · 24 July 1989
Flag Protection Act of 1989 - Amends the Federal criminal code to eliminate knowingly casting contempt on the U.S. flag as an element of desecration of the flag. Provides for the expedited review by the Supreme Court of constitutional issues arising under this Act.
United States · United States Congress · 24 July 1989
Designates the Department of Veterans Affairs medical center in Leavenworth, Kansas, as the Dwight D. Eisenhower Department of Veterans Affairs Medical Center.
United States · United States Congress · 21 July 1989
Drug War Bond Act of 1989 - Directs the Secretary of the Treasury to issue: (1) Drug War Bonds for a three-year period with a 12-year maturity date; and (2) Drug War Stamps to evidence payments for or on account of such bonds. Amends the Internal Revenue Code to exclude the interest earned on such War Bonds from an individual's gross income. Authorizes a taxpayer to designate a specified portion of any tax overpayment or make cash contributions to the War on Drugs Trust Fund (established by this Act). Authorizes the Attorney General to make expenditures from the Department of Justice Assets Forfeiture Fund into the War on Drugs Trust Fund. Amends the Internal Revenue Code to establish the War on Drugs Trust Fund. Transfers to such Fund: (1) proceeds from the sale of Drug War Bonds and stamps; and (2) certain cash contributions and portions of tax overpayments. Prescribes expenditures from the War on Drugs Trust Fund, including the construction of Federal prison facilities and education and rehabilitation programs. Precludes the receipts and disbursements from the War on Drugs Trust Fund from being included in either the congressional budget totals or in the budget totals as submitted by the President. Exempts the receipts and expenditures from the War on Drugs Trust Fund from: (1) statutory expenditure and lending limitations; and (2) certain orders issued under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Requires the Secretary to report to the Congress on programs established by this Act. Directs the Attorney General to make recommendations to the Congress regarding the merits of privatizing Federal prisons.
United States · United States Congress · 20 July 1989
Prohibits the Secretary of the Interior from engaging in any leasing activity with respect to specified submerged lands of the Outer Continental Shelf off the State of Florida. Directs the Secretary to promulgate guidelines for the United States to follow when buying back any existing oil or gas lease on such lands.
United States · United States Congress · 19 July 1989
Fiscal and Institutional Reform Budget Act of 1989 - Title I: Use of Nonadjusted Baseline in President's Budget and Congressional Budget - Amends Federal law to require both the President and the Congress to draft a budget based on estimates of current fiscal year spending, proposing increases or decreases based on this level (rather than on an estimated baseline). Amends the Congressional Budget Act of 1974 to require the Congressional Budget Office to use such a current fiscal year baseline in its report to the congressional budget committees, projecting growth for entitlement and discretionary spending based on current fiscal year spending. Title II: Membership of Budget Committees - Amends rule X of the Rules of the House of Representatives and rule XXV of the Standing Rules of the Senate to include certain House and Senate leaders and certain other committee chairmen as members of the budget committees. Title III: Joint Budget Resolutions - Replaces the concurrent resolution on the budget with a joint resolution on the budget. Amends the Congressional Budget Act of 1974 to require the enactment of an automatic budget resolution if the Congress has not adopted a joint resolution on the budget by May 15 of each year. Sets forth the characteristics of such resolution. Title IV: Appropriations Reforms - Appropriates funds to continue any project or activity provided for in a regular appropriation Act, if such regular appropriation bill does not become law before the beginning of the appropriate fiscal year (automatic continuing appropriations). Requires the separate enrollment of provisions in a continuing appropriations bill. Amends rule XV of the Rules of the House of Representatives to require a rollcall vote on any bill or joint resolution making appropriations or providing revenue. Title V: Enhanced Rescission Authority - Amends the Impoundment Control Act of 1974 to allow the President to transmit to the Congress an enhanced rescission message limited to a single item of rescission of budget authority if the public debt is of a specified amount. Authorizes the Congress to revoke any rescission of budget authority by approving and transmitting to the President a resolution of disapproval. Title VI: Treatment of Receipts and Disbursements of Social Security Trust Funds - Amends the Congressional Budget and Impoundment Control Act of 1974 to exclude Federal Old-Age and Survivors Insurance Trust Fund and Federal Disability Insurance Trust Fund receipts and outlays in Federal deficit determinations. Increases the permissible maximum deficit amounts for FY 1990 through 1993. Establishes allowable maximum deficits for FY 1994 and 1995, to reach zero with respect to FY 1996. Title VII: Effective Dates - States that the amendments made by this Act shall take effect upon enactment, with specified exceptions.
United States · United States Congress · 17 July 1989
Amends the International Air Transportation Competition Act of 1979 to repeal a provision relating to the regulation of air carrier flights from Love Field, Texas, to destinations outside the State of Texas.
United States · United States Congress · 13 July 1989
Department of Defense Acquisition Reorganization Act of 1989 - Establishes in the Department of Defense (DOD) a defense acquisition system that shall be administered by the Under Secretary of Defense for Acquisition (Under Secretary). Requires all DOD functions relating to the acquisition of property and services to be performed using the defense acquisition system. Terminates the separate defense procurement authority currently held by the Secretaries of the Army, Navy, and Air Force. Establishes in DOD a Defense Acquisition Corps (DAC), to be headed by the Under Secretary. Requires the Secretary of Defense to make appointments to DAC from the best-qualified civilian applicants. Directs the Secretary to establish a personnel program for civilian personnel within DAC. Outlines personnel rules to be issued by the Secretary in connection with such program. Exempts DAC personnel from certain competitive service and other requirements applicable to other Federal employees. Authorizes the Secretary to establish a merit pay program for such members of the DAC as the Secretary considers appropriate. Provides for assignment of civilian personnel to positions within DAC, requiring the Secretary to review current acquisition-related positions within the military departments and to make initial appointments to DAC from the best-qualified civilian and military personnel currently assigned to acquisition-related functions within DOD. Directs the Secretary to review each major defense acquisition program before such program proceeds into each of the following stages: (1) validations of plans and requirements; (2) initial research and development; (3) full-scale development; and (4) production. Prohibits the Secretary or the Secretary of a military department from obligating or expending funds with respect to a stage of such a program unless the Secretary approves such program at the beginning of such stage. Prohibits the Secretary from delegating any such approval power to the Secretary of a military department. Directs the Secretary to establish and operate a Defense Acquisition University which shall include all acquisition-related defense schools in existence as of the enactment of this Act. Outlines rules to be issued by the Secretary in establishing and operating such University.
United States · United States Congress · 12 July 1989
Commodity Futures Improvements Act of 1989 - Title I: Limitations on Certain Trading Practices - Amends the Commodity Exchange Act to prohibit dual trading by a floor broker in any contract market in which the Commodity Futures Trading Commission (CFTC) has determined the average daily trading volume to equal or exceed a threshold trading level. Exempts a board of trade from such prohibition if it can show adequate trading violation surveillance (audit trails). Limits trading among members of broker associations. Title II: Enhancement of Regulatory and Enforcement Activities - Sets forth audit trail requirements, including one-minute transaction recording. Prohibits a person who has solicited a new account by telephone from entering any orders for such account for three days after the customer has signed any contract and a risk disclosure statement. Continues CFTC authority to conduct undercover enforcement operations. Establishes CFTC contract market disciplinary committees. Provides for public representation on contract market governing boards. Requires floor trader registration. Revises provisions regarding: (1) registration; and (2) enforcement of money penalties. Requires ethics training for new registrants. Provides for nationwide service of process and venue in U.S. district courts. Title III: Assistance to Foreign Futures Authorities - Provides for cooperation with foreign futures authorities (as defined by this Act) with regard to: (1) subpoena authority; (2) investigative assistance; and (3) information disclosure and receipt. Title IV: Authorization of Appropriations; Effective Date - Authorizes FY 1990 and 1991 appropriations. Makes the provisions of this Act effective upon enactment.
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
Directs the American Battle Monuments Commission to establish a memorial on Federal land in the District of Columbia or its immediate area to honor World War II veterans and to commemorate U.S. participation in that conflict. Directs the Commission to plan, design, construct, and oversee the operation of the memorial. Specifies that such design shall provide for accessibility by, and accommodations for, the physically handicapped. Establishes the World War II Memorial Advisory Board to: (1) promote the establishment of the memorial and encourage the donation of private funds for construction maintenance; (2) assist and cooperate with the Commission in the selection of the site and design for the memorial; and (3) transmit annual reports on its activities to the Congress. Authorizes the Commission to solicit private contributions for such memorial. Establishes a fund in the Treasury which shall be made available to the Commission to carry out this Act. Authorizes Federal funding, in addition to such private funds, for site preparation, design, planning, establishment, construction, maintenance, and operation of the memorial. Authorizes assistance from specified Federal departments and agencies, including the Library of Congress. Authorizes Federal property to be transferred to the Commission. Authorizes the Commission to purchase suitable property within the District of Columbia for the establishment of such memorial. Urges the Government to encourage 50th anniversary commemorations of the U.S. role in World War II. Urges the Smithsonian Institution and other Federal museums to develop commemorative exhibitions to be shared with academic institutions.
United States · United States Congress · 29 June 1989
Directs the Administrator of the U.S. Fire Administration to review existing response information used by emergency response personnel at the State and local levels to evaluate its accuracy, consistency, and clarity. Specifies that such information should clearly communicate to such personnel the probable hazards in an emergency situation involving hazardous materials and the appropriate response to such hazards. Directs the Administrator to establish a working group to develop and disseminate hazardous materials identification, response, and incident data. Requires such working group to submit a report to the Administrator, along with recommendations to ensure that response information disseminated to emergency response personnel is appropriate for operational personnel at the local level. Requires the working group to meet at least once a year to review and recommend changes to the report.
United States · United States Congress · 29 June 1989
Police Corps Act - Establishes an Office of the Police Corps within the Justice Department to be headed by a Director appointed by the President and subject to Senate confirmation. Authorizes the Director of the Office of the Police Corps to agree to repay the educational loans of State Police Corps program participants and reimburse them for educational expenses of up to $40,000 following their completion of: (1) an educational course of study; (2) Federal training; and (3) four years of State or local police force service. Limits participants in such programs to 25,000 people per year. Declares that the Director's obligation to pay a participant's educational expenses shall be void and the Director shall be entitled to recover from the participant the amount of any interest on an educational loan that the Director has paid if the participant fails to complete the educational study, Federal training, and required service unless the failure is the result of death or permanent disability. Provides that a dependent child of a law enforcement officer who is not a program participant and who is killed in the line of duty shall be entitled to the educational assistance authorized in this Act without incurring any service obligation. Sets forth selection criteria of and qualifications for participants for State Police Corps programs. Requires each State participating in the Police Corps to make special efforts to seek and recruit minorities without relaxing admission standards. Requires the Director to establish up to three training centers to provide basic law enforcement training to State Police Corps program participants. Requires participants to attend two eight-week training sessions at such training centers and to meet certain performance standards in order to remain in the Police Corps program. Requires the Director to pay participants a weekly stipend during training. Establishes a nine-member Board of Directors, appointed by the President and subject to Senate confirmation, to administer such training centers. Requires the Director to serve as chairman of the Board. Requires a State, in order to participate in the Police Corps program, to submit a plan for implementing such program to the Director for approval. Requires such plan to: (1) include assurances that participants will receive additional State or local training after completing Federal training which shall count toward the four-year service obligation; and (2) provide that program participants shall be assigned to community and preventive patrol in geographic areas with the greatest need for additional law enforcement personnel. Provides for the swearing in of participants as members of the police force to which they are assigned after completing Federal training and meeting the requirements of that police force. Requires the Director to report to the President and the Congress not later than April 1 of each year. Authorizes appropriations.
United States · United States Congress · 29 June 1989
Equity for Election Judges' Compensation Act of 1989 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to permit a State to exclude from coverage service performed by election officials or election workers if the remuneration paid for such service is less than: (1) $300 in a calendar year; or (2) $100 in a calendar quarter.
United States · United States Congress · 28 June 1989
Minnesota Public Lands Improvement Act of 1989 - Grants to Minnesota the right, title, and interest of the United States in and to certain public uplands and islands in Minnesota waters which were not subject to any claim on January 1, 1989. Allows the Secretary of the Interior to sell certain other lands which were subject to a claim identified on the records of the Bureau of Land Management as of that date to the claimants following resolution of conflicting claims. Deems title to public lands which, on the date of enactment of this Act, were subject to leases issued to Minnesota under the Recreation and Public Purposes Act to have vested in the State and to be exempt from Department of the Interior regulations governing leases under such Act. Allows the State to receive, under this Act, lands previously patented to the State under such Act by notifying the Secretary that it intends to relinquish such lands to the United States. Requires the Secretary to transfer such lands back to the State subject to the provisions of this Act, effective simultaneously with the State's relinquishment of such lands. Authorizes the Secretary to sell and issue a patent to a tract of public land located in Minnesota where the Secretary determines that: (1) such tract does not exceed 1,500 acres and is difficult and uneconomic to manage as part of the public lands and is not suitable for management by another Federal department or agency; and (2) such sale would not be inconsistent with land use plans developed in accordance with the Federal Land Policy and Management Act of 1976. Allows the Secretary, following adjudication of any claims, to convey such land at fair market value, less equities presented by an applicant for such conveyance (such as the amount paid for the land, longevity of the applicant's claim, and taxes paid on the land) and less the value of any improvements. Provides for description of tracts of such land conveyed on the approved Federal plat of survey. Authorizes the Secretary to either: (1) convey title to a qualified trustee, where a tract does not conform to an existing survey plat, in order to conform the legal description to such plat; or (2) require the applicant to reimburse the United States for the cost of preparing a plat of survey. Prohibits the sale of such lands unless the Secretary, before 30 days prior to such sale, publishes notice in a newspaper of general circulation in the county where the tract is located. Reserves to the United States all mineral rights in the lands transferred under this Act. Prohibits the conveyance or transfer of such lands by Minnesota to any person or entity other than a political subdivision of the State. Authorizes the use of such lands only for purposes of public recreation or protection of fish, wildlife, plants, or other natural resources and values. Directs the Secretary to take steps to notify Minnesota residents of the uplands and islands to be granted or otherwise transferred to the State. Requires Minnesota to notify the Secretary with regard to any grant or transfer of such lands by the State to a political subdivision. Requires the State to submit to the Secretary a report within five years of enactment of this Act, and every five years thereafter, as to the present ownership, management, and use of the lands granted or otherwise transferred. Sets forth enforcement procedures. Declares that nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of the State with respect to fish and wildlife in any lands granted or transferred to the State under this Act.
United States · United States Congress · 22 June 1989
Treats Hong Kong as a separate foreign state rather than a colony or dependent area for U.S. immigration purposes, beginning in FY 1990 (thereby increasing the number of visas chargeable to Hong Kong).
United States · United States Congress · 22 June 1989
Court of Veterans Appeals Judges Retirement Act - Title I: Judges Retirement and Survivor Annuity Program - Amends Federal veterans' benefits provisions concerning the U.S. Court of Veterans Appeals (Court) to outline the age and service requirements for full retirement benefits. Requires a judge who is unable to perform the duties of office due to permanent disability to retire. Provides that a judge serving for less than ten years who retires due to permanent disability shall receive retired pay of one-half of the rate of pay in effect at retirement. Requires an election to retire under such retirement provisions to be made while the judge is still an active judge. Prohibits revocation of such an election after the retired pay begins to accrue. Requires such election to be in writing and sent to the chief judge or, in the case of the chief judge, to the Director of the Office of Personnel Management. Outlines provisions concerning: (1) forfeiture of rights to retired pay while accepting employment with the United States; (2) the lack of an annuity payable under civil service retirement laws, as well as the lack of a deduction from retired pay for the Civil Service Retirement and Disability Fund; and (3) notice to the President in writing when a judge is unable to perform the duties of office due to a permanent disability. Allows an individual who has elected to receive retired pay under these provisions to revoke such election at any time before the first day on which retired pay would begin to accrue. Requires notice of such revocation to be in writing and sent to the Director of OPM. Outlines the ramifications of such revocation (basically, reinclusion under Federal civil service retirement provisions). Requires the Director of OPM to begin withholding one percent of the salary of a judge under this Act after proper notice of the election to receive retirement coverage under this Act. Requires withheld amounts to be credited to the Court of Veterans Appeals Judges Retirement Fund. Allows a judge to deposit into such Fund amounts for up to 15 years of service prior to the date on which contributions may be made under this Act. Authorizes a judge to become a participant in the annuity program by filing a written notice of such election under this Act while in office in a manner prescribed by the Court. Provides for a deduction of 3.5 percent of the judge's pay to provide coverage for the annuity. Requires amounts so withheld to be deposited into the Fund. Requires a judge to deposit into the Fund, for annuity coverage, 3.5 percent of the judge's pay or other compensation for service as a Member of Congress or any other civilian Federal service. Allows such payments for prior years of service to be made in installments. Provides that if the service of a judge who makes an election to be covered under the annuity provisions is terminated, or if any judge ceases to be married after making the election and revokes the election, the amount in the judge's individual account shall be returned to the judge. Allows an annuity to be paid to the surviving spouse and dependent child of a judge under this Act if the judge dies after having rendered at least five years of civilian service and has made payments into the Fund for at least five years. Terminates the annuity to the surviving spouse upon his or her death or remarriage before age 55. Terminates the annuity payable to the child at the child's death. Recomputes the annuity payable to the child at the child's death. Recomputes the annuity payable to a dependent child after the death of a surviving spouse and after the death of another dependent child. Terminates any annuity payments if a judge making an election to be covered for annuity purposes dies before having rendered at least five years of civilian service or dies without a survivor entitled to such benefits. Provides, in such case, that the full amount of deposits made by the judge before his or her death, plus interest, shall be returned to the persons surviving on the date that title to the payment arises, in a specified order of priority. Provides for payment of the unpaid remaining annuity of a survivor or dependent upon the termination (other than by death) of the annuity of any individual based upon the service of a judge, in a specified order of preference. Provides for alternative measures to be taken for the payment of annuities to minors or mentally incompetent persons. Outlines administrative provisions concerning the time and amounts of annuity payments (determined on the basis of a judge's average annual pay). Requires the years of service for determining the amount of a surviving spouse's annuity rights to include years of service as a judge of the Court, as a Member of Congress, and as a member of the armed forces (within a specified limit) and any other Federal civilian service. Requires a judge making an election to provide an annuity under this Act to waive all benefits under the civil service retirement laws. Requires annuity payments to be increased whenever a judge's salary is increased as long as the deceased judge rendered some portion of his or her final 18 months as a judge of the Court. Establishes in the Treasury the Court of Veterans Appeals Retirement Fund. Requires the chief judge of the Court to submit to the President an annual estimate of the expenditures and appropriations necessary for maintenance and operation of the Fund. Provides for periodic examinations of the Fund by an actuary. Requires deposits into the Fund as necessary to reduce to zero its unfunded liability. Title II: Provisions Relating to Establishment of Court of Veterans Appeals - Directs the Secretary to transfer to the Court such funds as the chief judge of the Court certifies to be required for the initial startup and operational costs of the Court, until funds for the operation of the Court are first appropriated. Requires that, upon appropriation, the chief judge must reimburse the Secretary the total sum transferred to the Court. Provides for facilities for the Court to be provided through the Administrator of General Services. Extends the date by which an appeal must be filed with the Court with regard to Board of Veterans Appeals decisions made before the Court commences operations. Provides for interim rules and employment authority of the Court. Title III: Technical Corrections - Makes technical corrections to current Federal law concerning the Board of Veterans Appeals. Title IV: Miscellaneous Provisions - Excludes certain noncareer appointments and competitive service-excepted positions in the Department of Veterans Affairs from a requirement prohibiting political affiliation or activity from being taken into account in connection with the appointment of personnel to certain positions. Provides for an acting chief judge of the Court in the event of a vacancy. Authorizes the Court to procure the services of experts and consultants.
United States · United States Congress · 22 June 1989
Limits Members of Congress to two usual and customary congressional newsletters as mass mailings and postal patron mailings in a calendar year. Requires the Senate Committee on Rules and Administration and the House Commission on Congressional Mailing Standards to prescribe rules and regulations to carry out this Act. Requires Members to file disclosure statements detailing mass mailing costs during the preceding six months. Provides for separate appropriations for the House and the Senate for franked mailings. Requires any Member whose spending for franked mailings exceeds the postage allowance to repay such excess expenses from the Member's office payroll account.
United States · United States Congress · 21 June 1989
Emergency Chinese Adjustment of Status Facilitation Act of 1989 - Waives the two-year home country residence requirement for nationals of the People's Republic of China in the United States on a student (J) visa. Continues the legal status of nonimmigrant nationals of the People's Republic of China in the United States for adjustment or change of status purposes.
United States · United States Congress · 21 June 1989
Product Liability Reform Act of 1989 - Declares that this Act governs any product liability action brought in any State or Federal court against a manufacturer or product seller, on any theory, for harm. States that a civil action brought against a manufacturer or product seller for commercial loss shall be governed by applicable commercial or contract law. Supersedes any inconsistent State law regarding recovery in such actions. Lists specific laws not superseded, including: (1) defense of sovereign immunity asserted by any State or by the United States; (2) any Federal law (except the Federal Employees Compensation Act and the Longshore and Harbor Workers' Compensation Act); (3) the Foreign Sovereign Immunities Act of 1976; (4) State choice-of-law rules; (5) the right of any court to transfer venue or to apply the law of a foreign nation or to dismiss a claim of a foreign nation or citizen on the ground of inconvenient forum; and (6) any statutory or common law cause of action which is not an action for harm caused by a product or an action to abate a nuisance and which is for civil damages or civil penalties, clean up costs, injunctions, restitution, cost recovery, punitive damages, or any other form of relief from contamination or pollution of the environment or the threat of it. Makes this Act (except provisions relating to workers' compensation offset) inapplicable to any product liability action brought in State or Federal court, on any theory, for harm caused by asbestos or asbestos products. Provides that, with respect to civil actions brought for vaccine-related injury or death, if specified provisions of the Public Health Service Act (PHSA) take effect and establish a Federal rule of law or defense applicable to such actions, then this Act does not affect the application of such rule of law or defense and any conflicting rule or defense prescribed by this Act shall not apply to such an action. Provides that if there is an aspect of such an action for which a PHSA rule or defense does not apply, then this Act or otherwise applicable law will apply to such aspect. Establishes a standard of manufacturer liability in product liability actions for proximate causes of harm, established by a preponderance of the evidence, which fall under the categories of: (1) negligence; (2) strict product liability; or (3) intentional wrongdoing. Provides that negligence shall be in terms of a manufacturer's failure to act as a reasonably prudent person would with respect to product design, construction, warnings, or instructions. Provides that strict liability shall be with respect to a product's being in an unreasonably dangerous defective condition in: (1) deviation from standards; (2) nonconformance with an express warranty; (3) failure to contain adequate warnings or instructions; or (4) design (in which case State law governs with respect to establishment of a prima facie case). Provides that a manufacturer's intentional wrongdoing shall be determined under applicable State law. Sets forth a defense to manufacturer liability based on a product's inherent characteristics. Provides that a product shall not be considered to be in an unreasonably dangerous defective condition if the product aspect which allegedly caused the harm cannot be made safe and is not dangerous to an extent beyond that which would be contemplated by the ordinary person who uses or consumes the product with the knowledge common to the community as to its characteristics. Provides that such defense does not limit a manufacturer's liability solely because the risk of harm is patent, open, or obvious. Provides that a manufacturer shall not be relieved of liability on the grounds that the product that allegedly caused the harm was unavoidably unsafe, unless the product is a drug or medical device. Provides that in product liability actions involving an improperly designed and unavoidably unsafe drug or medical device, the manufacturer's liability shall be determined under State law (and the state-of-the-art defense under this Act shall not apply). Sets forth a state-of-the-art defense. Provides that the manufacturer shall not be liable for the design of the product if the manufacturer establishes by a preponderance of the evidence that at the time the product left its control: (1) the manufacturer did not and could not know that the product was in an unreasonably dangerous defective condition because of its design in light of knowledge reasonably available to experts; or (2) there was not a feasible alternative design that would have prevented the harm without substantially impairing the reasonably anticipated or intended function of the product (considering specified factors). Makes the state-of-the-art defense inapplicable if the court finds, on its own or on a party's motion, that a claimant has established by a preponderance of the evidence that the product is so unsafe compared to its usefulness that it should not have been marketed. Sets forth standards for product warnings and instructions. Provides that a product is in an unreasonably dangerous defective condition because it failed to contain adequate warnings and instructions if reasonably prudent, adequate warnings or instructions, in the light of knowledge reasonably available to experts, on the aspect (including a design aspect) which caused the harm: (1) did not accompany the product at the time it left the manufacturer's control; or (2) were not given on a timely basis by the manufacturer before the harm. Requires that specified factors be considered. Establishes, in addition to the general standard of manufacturer's liability, a presumption of liability applicable to manufacturers of fire fighting equipment or protective clothing for harm suffered by any fire fighter performing interior structural firefighting if: (1) the harm was the result of the use of such equipment or clothing which left the manufacturer's control after the enactment of this Act; and (2) the equipment or clothing did not comply with the OSHA (Occupational Safety and Health Act) fire brigade occupational safety and health standards or a more stringent State standard. Establishes a standard of product seller liability in product liability actions for proximate causes of harm, established by a preponderance of the evidence, which fall under the categories of: (1) negligence; (2) express warranty; or (3) intentional wrongdoing. Provides that such negligence shall be in terms of a product seller's failure to exercise reasonable care with respect to the product. Provides that it shall not be such a failure based on an alleged failure to inspect a product where there was no reasonable opportunity to inspect it in a manner which would or should, in the exercise of reasonable care, have revealed the aspect which allegedly caused the harm. Provides that such product seller's express warranty must be independent of any express warranty of the manufacturer. Provides that a product seller's intentional wrongdoing shall be determined under applicable State law. Establishes an additional product seller liability as a manufacturer. Makes the product seller liable as if it were the manufacturer if: (1) the manufacturer is not subject to service of process under the laws of the State in which the claimant brings the action; or (2) the court determines that the claimant would be unable to enforce a judgment against the manufacturer. Sets forth a defense based on a claimant's being, as a result of the influence of intoxicating alcohol or any non-over-the-counter drug which has not been prescribed for the claimant by a physician, more than 50 percent at fault for the harm. Reduces the manufacturer's or product seller's liability for damages by the percentage of responsibility for the harm attributable to misuse or alteration of a product. Allows punitive damages to be awarded, to the extent provided by applicable State law, if the claimant establishes by clear and convincing evidence that the manufacturer or product seller engaged in conduct giving rise to punitive damages under applicable State law, with the following exception. Provides that a failure to exercise reasonable care in selecting among alternative product designs, formulations, instructions, or warnings shall not, by itself, constitute conduct that may give rise to punitive damages. Requires separate proceedings for punitive damages if such separate proceedings are requested by the defendant. Makes evidence in such separate proceedings which is relevant only to the claim of punitive damages inadmissible in any proceeding for compensatory damages. Directs the trier of fact, in determining the amount of punitive damages, to consider all relevant evidence, including specified factors. Prohibits punitive damages against a manufacturer of a drug or medical device unless the claimant establishes by clear and convincing evidence that the manufacturer or product seller engaged in conduct giving rise to punitive damages under applicable State law and unless the manufacturer engaged in: (1) intentional and wrongful withholding or misrepresentation of information, material and relevant to the harm, which either was required to be submitted before the approval of the drug or device or was related to the safety and efficacy of the drug or device after its approval, under the Federal Food, Drug, and Cosmetic Act (FFDCA) or the Public Health Service Act; or (2) a violation of the FFDCA which was material and relevant to the harm and was committed with the intent to defraud or mislead, as determined by the court and proven by clear and convincing evidence. Prohibits punitive damages against a drug manufacturer where the harm is alleged to relate to the adequacy of the packaging or labeling of a drug required to have tamper-resistant packaging (and related labeling), unless the drug is found by clear and convincing evidence to be substantially out of compliance with Federal regulations. Makes findings with respect to punitive damages relating to drugs and medical devices inadmissible in any criminal proceeding. Requires that civil actions subject to this Act be brought within two years from the time the individual discovered or should have discovered the harm and its cause, with the following exception. Bars actions for harm caused by a product which is a capital good unless the complaint is served and filed within 25 years of the date of delivery of the product to its first purchaser or lessee who was not engaged in the business of selling or leasing it or using it as a component in the manufacture of another product. Applies this capital goods rule only if: (1) the court determines that the claimant has received or would be eligible to receive State or Federal workers' compensation for the harm; and (2) the harm did not include chronic illness. Reduces any damages awarded under this Act by the amount paid in workers' compensation benefits which the claimant-employee is or would be entitled to receive. Provides for such reduction only where the employer or the employer's workers' compensation insurance carrier does not have a lien against the claimant's recovery in a product liability action against a claimant or product seller. Provides that determinations under this Act of workers' compensation benefits shall have no binding effect on, and shall not be used as evidence in, any other proceeding. Allows the claimant to stay product liability actions under this Act until the workers' compensation benefits have been determined. Provides that the employer and its insurance carrier shall have no right of subrogation, contribution, or implied indemnity against an award made under this Act, unless the employer establishes, and the trier of fact determines, that the harm was not caused in any way by fault of the employer or a co-employee. Prohibits any third-party tortfeasor from maintaining any action for implied indemnity or contributions against the employer, any co-employee, or the exclusive representative of the injured party. Provides that nothing in this Act shall affect any provision of State or Federal workers' compensation law which: (1) prohibits a person who is or would have been entitled to receive compensation under such law, or any derivative claim, from recovering in any other action against an employer, employer's insurer, co-employee, or exclusive representative; or (2) permits recovery based on an intentional tort by the employer or co-employee. Declares that this Act's restrictions on third-party claim tortfeasors shall not apply and applicable State law shall control if the employer or its insurer, in a product liability action subject to this Act, asserts or attempts to assert, because of provisions relating to its lack of fault under this Act, a right of subrogation, contribution, or implied indemnity against the manufacturer or product seller or a lien against the claimant's recovery from them. Sets forth standards, procedures, and sanctions relating to frivolous pleadings under this Act. Provides for the availability of information under this Act. Provides that U.S. district courts shall not have jurisdiction over any civil action arising under this Act. Requires the court in which any action is brought under this Act, upon the application of any party to the action, to refer the action to mediation, unless the court determines that the action involves novel or unsettled issues of law or is otherwise unsuitable for mediation. Allows the court to impose fees to cover the costs of the mediation. Makes mediation statements, briefs, and summaries inadmissable in any court or any other evidentiary proceeding. Requires the evaluation by the mediation panel to include a separate award for each claim, crossclaim, counterclaim, or third-party claim. Requires each party to file an acceptance or rejection of the panel's award, with special procedures for multiple parties. Requires that the action proceed to trial with respect to any claim for which any party rejects the mediation award. Makes the findings, evaluations, and awards of the panel and the parties' acceptance or rejection inadmissable at trial. Requires the rejecting party to pay the opposing party's costs, upon request, unless the verdict is more favorable to the rejecting party than the mediation award. Requires each State Attorney General and the Administrative Office of the U.S. Courts to report to the Attorney General, and the Attorney General to report to the Congress regarding implementation of the mediation provisions of this Act. Sets forth definitions under this Act. Excludes commercial loss from the definition of harm. Defines harm as any of the following caused by a product: (1) personal physical illness, injury, or death; (2) mental anguish or emotional harm caused by or causing personal physical illness or injury; or (3) physical damage to property other than the product itself. Directs the Secretary of Commerce (the Secretary) to report to the Congress on the effect of the implementation of this Act upon the cost and availability of product liability insurance. Sets forth requirements relating to the information on which such report is based. Requires such a report annually for ten years, after which the Secretary shall report on the costs and benefits of continuing such reports and continue them only if so requested by a majority of specified congressional committees. Directs the Secretary to report to the Congress on what information is needed to enable the Congress to measure the effect of product liability reforms on product liability actions. Requires consultation with specified entities in making such report. Requires specified information to be included in such report. Requires the report to be submitted within 18 months after the enactment of this Act. Directs the Secretary to report to the Congress on the effect of this Act upon product liability actions, product manufacturers, and product sellers (including small businesses), claimants, and Federal and State courts. Requires such report to assess specified factors. Requires such a report to be made biennially five times, after which the Secretary shall report on the costs and benefits of continuing such reports and continue them only if so requested by a majority of specified congressional committees. Directs the Secretary, upon determining that sufficient data does not exist to measure the effect of product liability reform on litigation, to report on what information is needed to enable the Congress to measure the effect of product liability reforms on product liability actions. Requires consultation with specified entities in making such report. Requires specified information to be included in such report. Requires the report to be submitted within 18 months after enactment of this Act. Declares that this Act shall not apply to any product liability cause of action arising from the use of a product before the date of enactment of this Act against a person who is a debtor in a case commenced on a specified date under bankruptcy provisions of Federal law.
United States · United States Congress · 21 June 1989
Amends the Food Security Act of 1985 to permit the Secretary of Agriculture to waive the principal due on agricultural regular or producer reserve loans in order to avoid loan collateral forfeiture.
United States · United States Congress · 20 June 1989
Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to delay from January 1, 1990, to January 1, 1991, the requirement that before a nursing facility uses a nurse aide for over four months such aide must complete a State-approved training and/or competency evaluation program.
United States · United States Congress · 15 June 1989
Condemns the brutal treatment of, and blatant discrimination against, the Turkish minority by the Government of Bulgaria. Calls upon the Bulgarian authorities to cease all such discriminatory practices, release all those imprisoned because of their participation in nonviolent political acts, and honor its obligations concerning the right of all Bulgarians to emigrate. Urges the President and Secretary of State to make strong diplomatic representations to Bulgaria protesting its treatment of its Turkish minority and to raise this issue in all appropriate international fora.
![Official portrait of Rep. Penny, Timothy J. [D-MN-1]](https://www.congress.gov/img/member/p000215_200.jpg)