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United States · Official source
3,634 records where Rep. Porter, John Edward [R-IL-10] is listed as a sponsor, author, or other actor. Search with topics and years
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 Lists specific laws not superseded, including: (1) defense of sovereign immunity asserted by any State or by the United States; (2) any Federal law (except the Federal Employees Compensation Act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
Expresses the concern of the House of Representatives regarding the future security of the Panama Canal. Calls on the President to renegotiate the Panama Canal Treaties to permit: (1) the permanent stationing of U.S. forces in Panama; and (2) the United States to act independently to maintain the security of the Canal and to guarantee its regular operation.
United States · United States Congress · 20 June 1989
Directs the Secretary of Defense to identify annually those local educational agencies that will experience an increase or reduction in enrollment of dependents of members of the armed forces or civilian officers or employees of the Department of Defense as a result of the closure or realignment of a military installation. Requires the Secretary to notify the local educational agencies affected by such determinations.
United States · United States Congress · 19 June 1989
Designates July 14, 1989, as National Day to Commemorate the Bastille Day Bicentennial.
United States · United States Congress · 15 June 1989
Hong Kong Immigration Act of 1989 - Amends the Immigration and Nationality Act to give special immigrant status to certain preference immigrants and their families from Hong Kong. Limits annual entries of such immigrants to 50,000 less the number of immigrant visas chargeable to Hong Kong under other provisions of such Act. Provides for visa priority allocations.
United States · United States Congress · 15 June 1989
Condemns the brutal treatment of, and blatant discrimination against, the Turkish minority by the Government of Bulgaria. Calls upon the Bulgarian authorities to cease all such discriminatory practices, release all those imprisoned because of their participation in nonviolent political acts, and honor its obligations concerning the right of all Bulgarians to emigrate. Urges the President and Secretary of State to make strong diplomatic representations to Bulgaria protesting its treatment of its Turkish minority and to raise this issue in all appropriate international fora.
United States · United States Congress · 13 June 1989
Prohibits nondiscriminatory treatment (most-favored-nation treatment) to the products of China. Amends the Foreign Assistance Act of 1961, as amended, to prohibit the Overseas Private Investment Corporation from extending loans, credits, or insurance to such country.
United States · United States Congress · 13 June 1989
Amends the Social Security Act to establish a title XXI titled "Health Care Coverage for the Elderly." Prohibits such title from being construed as authorizing Federal officers or employees to supervise or control the provision of medical or health services. Establishes an Elderly Health Financing Authority (Authority) to be governed by a Board responsible for the operation of the title XXI program. Sets forth the duties of such Board, which shall include: (1) making recommendations to the Congress on the adequate level of health care benefits under title XXI; (2) annually proposing to the Congress any changes necessary to maintain the fiscal integrity of the program; (3) qualifying and reviewing the qualifications of private health care benefit plans for participation in such program; and (4) distributing annual health care vouchers to eligible individuals for the purchase of qualified private health care benefit plans. Increases the age of eligibility for title XXI benefits from 65 to 67 over the nine-year period following enactment of this Act. Requires the Administrator of the Board to provide beneficiaries with an annual health care voucher for the purchase of a qualified private health care benefit plan. Prohibits the assignment of vouchers. Prohibits a beneficiary from transferring a voucher from one qualified plan to another except upon substantiation of a complaint by the beneficiary that the insurance carrier has breached its agreement with the beneficiary. Authorizes the Board, upon substantiation of such a complaint, to: (1) require the insurance carrier to reimburse the beneficiary for such breach; (2) fine the carrier up to $2,000 for each breach; and (3) remove the carrier and such carrier's plan as a qualified private health benefit plan for repeated incidences amounting to substantial nonperformance of responsibilities. Provides that when a beneficiary fails to enter into an agreement with a carrier the agreement for the preceding year shall be extended through the present voucher year. Requires that the vouchers be of such form that the beneficiary and carrier can enter into an agreement for private health care benefit coverage under title XXI upon the voucher document itself. Sets forth beneficiary cost-sharing requirements which differ among individuals on the basis of their income and marital status. Sets the required coinsurance at 20 percent, but limits annual coinsurance payments to $2,000 for individuals and $3,000 for couples. Directs the Administrator to establish a certification procedure for private health care benefit plans. Provides for the annual recertification of such plans. Lists the medically necessary services which certified plans must provide without limitation or liability beyond specified cost sharing requirements. Directs the Administrator to establish a procedure for the review of proposed health insurance policy marketing materials to determine whether they are false and misleading. Defines a "health individual retirement account" as an irrevocable trust (including certain custodial accounts) created for the sole purpose of paying one individual's health care expenses upon his or her eligibility for coverage under titles XVIII (Medicare), XIX (Medicaid), or XXI of the Act. Amends the Internal Revenue Code to allow contributors to a health individual retirement account to deduct such contributions, provided previous contributions for the year do not exceed $500, adjusted annually for inflation. Limits eligible contributors to the individual who has the account and such individual's spouse, parents, children, and guardians. Excludes account distributions which are used to pay a beneficiary's health care expenses from such beneficiary's gross income. Exempts such accounts from income taxation. Taxes account amounts improperly used. Imposes an additional income tax on individuals to assure the adequacy of title XXI funding. Requires that the rate of such tax be adjusted by the Secretary of the Treasury on the basis of the Authority's recommendation. Makes such tax inapplicable to: (1) individuals whose income does not exceed the per capita income of the lowest fifth percentile of taxpayers or who are eligible for title XXI benefits; and (2) an individual's income in excess of $100,000, adjusted annually for inflation. Repeals Chapter 2 (Tax on Self-Employment Income) of the Internal Revenue Code. Repeals social security taxes imposed on the wages of employees. Sets the 1990 rate of Hospital Insurance taxes imposed on employers at 2.21 percent and at a percentage to be determined by the Authority thereafter.
United States · United States Congress · 13 June 1989
Designates August 1, 1989, as Helsinki Human Rights Day. Authorizes and requests the President to: (1) reassert American commitment to the Helsinki Accords; (2) raise the issue of noncompliance with such Accords with any signatory nation which may be in violation, in particular, the Soviet Union, Bulgaria, Czechoslovakia, the German Democratic Republic, Hungary, Poland, and Romania; (3) convey to all signatories of such Accords that respect for human rights and fundamental freedoms is vital to progress in the ongoing Helsinki process; and (4) convey to U.S. allies the necessity of unity regarding such Accords.
United States · United States Congress · 13 June 1989
Constitutional Amendment - Requires the removal from office of an Article III judge upon conviction of a criminal offense punishable by more than one year's imprisonment.
United States · United States Congress · 13 June 1989
Expresses congressional concern regarding the actions of the Government of the Socialist Federal Republic of Yugoslavia for repeated human rights violations and the brutal handling of the crisis in the Socialist Autonomous Province of Kosovo. Urges the Yugoslav Government to assure that further violence does not occur and assure protection of the rights of the Albanian minority in Yugoslavia. Calls upon: (1) the President and the Department of State to continue to monitor closely human rights conditions in Yugoslavia; and (2) the President to express these concerns to Yugoslav representatives.
United States · United States Congress · 8 June 1989
Designates November 16, 1989, as Interstitial Cystitis Awareness Day.
United States · United States Congress · 6 June 1989
Includes in the definition of a veteran (therefore eligible for all veterans' benefits) all persons considered to be Commonwealth Army veterans by reason of service with the armed forces during World War II in the Philippines.
United States · United States Congress · 6 June 1989
Designates June 21, 1989, as Chaney, Goodman, and Schwerner Day. Expresses the sense of the Congress that the Voting Rights Act of 1965 has helped to fulfill the promise of democracy in this Nation. Reaffirms the goal of removing remaining barriers to full voter participation in this Nation.
United States · United States Congress · 1 June 1989
Amends the Federal criminal code to require a minimum sentence of five years' imprisonment, without an opportunity for parole, for the unlawful possession of a firearm by any person: (1) who has been convicted of a crime punishable by more than a year imprisonment; (2) who is a fugitive from justice; (3) who is an unlawful user of or addicted to any controlled substance; (4) who has transported in interstate commerce any stolen firearm; or (5) who has received any stolen firearm. Increases from $5,000 to $10,000 and from five years to ten years the fine and term of imprisonment, respectively, for violation of Federal firearm laws. Increases the penalties for possession of a firearm in connection with a crime of violence or drug trafficking.
United States · United States Congress · 31 May 1989
Waste Export Control Act - Amends the Solid Waste Disposal Act to establish as an objective of such Act the assurance that solid waste exports are managed in a manner protective of human health and the environment and no less strict than that which would be required if the waste were managed in the United States. Exempts from this Act's requirements baled waste paper, glass cullet, metals, or plastic that: (1) have been separated by type from solid waste before export; (2) are exported for incorporation into new products with recycled content; and (3) are not hazardous wastes under the Solid Waste Disposal Act. Prohibits the export of solid waste from the United States unless there is an agreement between the United States and the receiving country which provides for: (1) the exchange of information regarding such export and its management; (2) cooperation on compliance with and enforcement of such agreement; (3) biennial review and revision or suspension of such agreement under certain circumstances; and (4) a prohibition on further transport of such waste from the country of destination without the written consent of parties to the agreement. Deems any agreement concerning shipments of hazardous waste entered into by the United States and in force on this Act's enactment date to meet this Act's requirements for one year following such enactment date. Prohibits the export of solid waste from the United States unless the exporter has obtained a permit from the Administrator of the Environmental Protection Agency. Outlines information to be included in the permit application. Requires the Director of the National Enforcement Investigations Center to submit an investigative report on each applicant to the Administrator. Provides that permittees shall have the continuing duty to provide assistance or information requested by the Administrator or the Center and to cooperate in any inquiry conducted by the Center. Limits permit terms to a period of five years. Directs the Administrator to report annually to the Congress on all solid waste exports. Prohibits the issuance of any permit unless the Administrator determines that: (1) the waste generator has used reasonable efforts to eliminate or minimize waste generation prior to export; (2) the receiving facility is capable of treating, storing, and disposing of such waste in a manner protective of human health and the environment and no less strict than that which would be required if the waste were managed in the United States; and (3) the application meets the requirements of this Act. Directs the Administrator to make inspections of any facility handling waste subject to a permit. Authorizes the Administrator to revoke a permit under specified circumstances. Directs the Administrator to establish a user fee to defray the cost of administering this Act. Requires such fee system to consist of a one-time permit application fee and a waste export permit fee to be paid over the life of the permit. Authorizes foreign governments to bring actions under the Comprehensive Environmental Response, Compensation, and Liability Act of 1986 when damages are incurred with respect to the export of hazardous substances from the United States. Prescribes criminal penalties for knowing violations of this Act.
United States · United States Congress · 25 May 1989
Great Lakes Maritime Trade Act of 1989 - Title I: Eligibility of Certain Reflagged Vessels in the Great Lakes to Carry Preference Cargoes - Exempts an American Great Lakes vessel (AGLV) from provisions of the Merchant Marine Act, 1936 which prohibit a vessel which is built or rebuilt outside the United States or documented under any foreign registry from being, for purposes of cargo preference provisions, a privately owned U.S.-flag vessel. Directs the Secretary of Transportation to designate a vessel to be an AGLV if it meets certain requirements regarding U.S. documentation and if the owner enters into a construction and purchase agreement specifying that: (1) all repair, maintenance, reconditioning, and other construction (except emergency repairs) shall be performed in the United States; and (2) if the designation is revoked or terminated under provisions of this Act, the United States shall have an exclusive right to purchase the vessel under specified price terms. Declares that, notwithstanding any law, if the United States does not purchase the vessel, the owner shall not be prohibited from transferring the vessel to a foreign registry or selling it to a non-U.S. citizen. Prohibits an AGLV, except during the Great Lakes shipping off-season, from engaging in trade: (1) from a non-Great Lakes U.S. port; (2) between U.S. ports; or (3) between Great Lakes U.S. ports and Great Lakes Canadian ports. Directs the Secretary of Transportation to revoke the designation of a vessel as an AGLV on determining that the vessel does not meet a requirement for the designation, it has been operated in violation of this title, or the owner has violated a construction and purchase agreement under this title. Terminates an AGLV designation three years after the date of the designation or on an earlier date as may be requested by the vessel owner. Title II: Great Lakes Maritime Passage Enhancements - Amends the Merchant Marine Act, 1936 to extend indefinitely, with regard to certain cargo preference provisions, the requirement that the Secretary of Transportation take steps to preserve the percentage share, or metric tonnage of bagged, processed, or fortified commodities experienced in calendar year 1984, of waterborne cargoes exported from Great Lakes ports pursuant to specified provisions of the Agricultural Trade Development and Assistance Act of 1954. Directs the Secretary of the Army, notwithstanding specified requirements of the Water Resources Development Act of 1986, to initiate and complete the design, planning, and engineering of the Sault Sainte Marie lock project. Extends the authorization of such project to the end of FY 1993. Directs the Secretary of State to: (1) initiate discussions with Canada to eliminate all tolls on the Great Lakes and the Saint Lawrence Seaway; and (2) report to the Congress, by January 1, 1990, regarding those efforts, any results, and recommendations for further action. Declares that it is the sense of the Congress that: (1) funding for icebreaking capability in the Great Lakes should be maintained at a level sufficient to ensure passage under any conditions which may reasonably be expected to occur during the Great Lakes shipping season; and (2) it is essential to maintain in the Great Lakes an icebreaking vessel with horsepower and beam equivalent to those of the Coast Guard cutter Mackinaw.
United States · United States Congress · 24 May 1989
Student Loan Abuse Prevention Act of 1989 - Amends the Higher Education Act of 1965 (the Act) to authorize the Secretary of Education (the Secretary) to take emergency action to suspend disbursement of funds to an eligible institution under title IV (Student Assistance) of the Act, to prevent misuse of funds under specified circumstances. Directs the Secretary, whenever eligibility of an institution has been terminated, to: (1) carry out a program review of each affiliated and successor institution; and (2) if any such institution is committing similar violations, carry out a proceeding to limit, suspend, or terminate eligibility or take emergency action suspending disbursement of funds. Terminates the effectiveness of any program participation agreement with an institution after it undergoes a change of ownership resulting in a change of control, if the Secretary determines that the new owner, a member of the new owner's family, or a current business associate of the new owner was substantially involved in the ownership or administration of another institution that has: (1) been limited, suspended, or terminated by the Secretary; (2) declared bankruptcy; (3) failed to pay the Department of Education a liability for program management; or (4) failed to pay refunds owed to students or lenders on behalf of students. Requires that an institution be given the opportunity to demonstrate, by a preponderance of evidence, that it continues to be eligible for student assistance purposes, if the Secretary determines not to permit its eligibility to resume after the change of control. Prohibits institutions, under student aid program participation agreements, from using any independent contractor or anyone other than a salaried employee, except in specified circumstances, to conduct any canvassing, surveying, recruiting, or similar activities, or to make final determinations that an individual meets the institution's admissions or financial aid eligibility requirements. Authorizes the Secretary to prescribe regulations for civil penalties or the limitation, suspension (up to 60 days), or termination of eligibility of an institution on account of violations by an individual or organization having a contract to administer any aspect of such institution's student assistance program. Requires the Secretary to establish the National Student Loan Data System and to assure that such computerized System is operational by October 1, 1989. (Such system is currently authorized but not mandated.)
United States · United States Congress · 24 May 1989
Older Americans' Freedom to Work Act of 1989 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to remove the limitation on the amount of outside income which beneficiaries who have attained retirement age may earn without incurring a reduction in benefits.
United States · United States Congress · 23 May 1989
Designates November 19 through November 25, 1989, as National Family Caregivers Week.
United States · United States Congress · 23 May 1989
Urges: (1) the Chinese Government to respect and affirm internationally recognized human rights and to repeal martial law; (2) protesting students to continue their fight in nonviolent ways; and (3) the Secretary of State to take appropriate action to protect protesting students' and workers' rights. Commends the protesting students' commitment to nonviolent principles of protest. Declares that any violent response by China could affect Sino-American relations.
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
Designates January 7 through January 13, 1990, as National Law Enforcement Training Week.
United States · United States Congress · 18 May 1989
Designates the week beginning June 11, 1989, as National Scleroderma Awareness Week.
United States · United States Congress · 18 May 1989
Designates 1990 as the International Year of Bible Reading.
United States · United States Congress · 18 May 1989
Expresses the sense of the Congress that the Secretary of State should direct the Agency for International Development to restore the annual contribution of the United States to the United Nations Population Fund.
United States · United States Congress · 18 May 1989
Expresses the sense of the Congress that the United States should delay the implementation of the transfer to Panama of administrative authority and control of the Panama Canal for a period of twice the number of days during which: (1) General Manuel Noriega remains in Panama, or remains in any official position with the Government of Panama, after the date of the adoption of this resolution; or (2) the President determines that there is not a freely-elected democratic government in Panama.
United States · United States Congress · 17 May 1989
Public Housing Resident Empowerment Act of 1989 - Amends the United States Housing Act of 1937 with respect to public housing resident management corporations (RMC) to: (1) require lump-sum comprehensive improvement assistance to enable projects to establish rehabilitation reserves; (2) increase and extend resident management technical assistance through FY 1991; and (3) require specified public housing agencies to develop resident management and homeownership plans. Amends such Act with respect to public housing homeownership to: (1) limit annual individual and aggregate assistance limits; and (2) make assistance authority permanent.
United States · United States Congress · 17 May 1989
Amends the Agricultural Act of 1949 to repeal the sugar price support program.
United States · United States Congress · 16 May 1989
Amends the Federal criminal code to make it unlawful for any person: (1) who has been convicted in any court of a drug crime to possess a firearm; and (2) to transfer a firearm to any other person knowing or having reasonable cause to believe that such other person is under indictment for, or has been convicted in any court of, a drug crime. Provides penalties for a violation. Sets forth additional penalties for possession of a firearm during a drug crime. Provides enhanced penalties if the firearm is a machinegun or is equipped with a firearm silencer or muffler and for subsequent convictions.
United States · United States Congress · 16 May 1989
Directs the U.S. Postal Service to establish procedures to provide that, upon a written request of the head of any unit of general local government, ZIP code boundaries do not cross the boundaries of such general local government unit. Declares that ZIP code areas having the same first five digits shall be considered to have the same ZIP code in order to apply this Act to areas using more than five digits.
United States · United States Congress · 16 May 1989
Declares that it is U.S. policy to: (1) work with and furnish assistance to tropical forest nations to ensure maintenance and sustainable uses of such forests; (2) encourage nongovernmental organizations to implement sustainable forest management programs for conservation of tropical forests and biological diversity; (3) support model demonstration projects for sustainable use and conservation and support increased research and training in forest ecology and management; and (4) establish bilateral agreements with interested nations to share technology, experience, training, and research in tropical forest conservation. Requires the President to report to the Congress on the progress made in carrying out this Act.
United States · United States Congress · 11 May 1989
Low-Income Housing Credit Act of 1989 - Amends the Internal Revenue Code to make permanent the low-income housing income tax credit (under current law the credit will expire after tax year 1989). Permits States a one-year carryover of unused credit authority. Assigns carryovers to the Secretary of Housing and Urban Development to allocate to eligible States applying for excess credit. Allows the credit only if an extended low-income housing commitment (beyond the current 15-year period) is in effect with respect to any building for the relevant taxable year. Describes procedures to effect transition to a non-low-income use in connection with such extensions. Permits the credit in connection with the acquisition of an existing building only if the taxpayer incurs rehabilitation expenditures of at least $3,000 per unit. Revises rent restrictions to: (1) declare unnecessary a required rent reduction below the initial rent if the median gross income of the area decreases; (2) permit higher rent if units are occupied by higher income individuals and the project has an operating deficit; (3) base income limitations on the number of bedrooms in a unit; and (4) use State median gross income in certain low-income housing status determinations. Broadens categories of existing buildings eligible for a waiver of the ten-year requirement for the low-income housing credit. Revises credit provisions relating to single-room occupancy units and special needs housing. Loosens restrictions that limit credit benefits in connection with buildings financed with tax-exempt bonds and below market loans. Permits the credit to be allocated: (1) on a project basis; and (2) in connection with owner-occupied buildings of four units or less if a development plan is submitted. Directs housing credit agencies to adopt plans for allocating credit amounts among projects, prohibiting the credit with respect to any building not included in such a plan. Modifies at-risk rules in connection with buildings subject to the historic rehabilitation credit and those associated with financing provided by certain nonprofit organizations. Sets the tax credit rate on a semiannual rather than monthly basis. Increases the credit in connection with buildings in high cost areas (low-income census tracts or difficult development areas).
United States · United States Congress · 11 May 1989
Constitutional Amendment - Requires the Congress and the President, prior to each fiscal year, to agree on an estimate of total receipts (except those derived from borrowing) for that fiscal year by enactment of a joint single subject resolution. Prohibits outlays for that year (except those for repayment of debt principal) from exceeding this amount unless the Congress, by a three-fifths roll call vote of each House, authorizes a specific excess of outlays over receipts. Requires a three-fifths roll call vote of each House to increase the public debt. Directs the President to submit a balanced budget to the Congress. Requires the approval of a majority of the total membership of each House by roll call vote before any bill to increase revenue may become law. Waives these provisions when a declaration of war is in effect.
United States · United States Congress · 11 May 1989
Designates October 16, 1989, and October 16, 1990, as World Food Day.
United States · United States Congress · 10 May 1989
Recognizes the two centuries of service by the U.S. Coast Guard.
United States · United States Congress · 10 May 1989
Constitutional Amendment - Repeals the 22d amendment to the Constitution (limitation on presidential terms).
United States · United States Congress · 9 May 1989
Americans with Disabilities Act of 1989 - Title I: General Prohibition Against Discrimination - Declares that it shall be discriminatory, on the basis of disability, to deny opportunities or to afford them unequally, to provide opportunities less effectively (or differently or separately, unless necessary for effectiveness), to assist an organization or individual that discriminates, or to otherwise limit opportunities enjoyed by others. Prohibits the use of standards, criteria, or administrative methods that have the purpose or effect of discrimination or perpetuate discrimination. Declares it discriminatory to deny equal opportunities because of the relationship or association of an individual with another individual with a disability. Allows as a defense to a charge of discrimination that an application of standards or criteria has been demonstrated to be both necessary and substantially related to the ability of an individual to take advantage of the essential components of the opportunity, and that the taking advantage cannot be accomplished by reasonable accommodations, modifications, or the provision of auxiliary aids or services. Title II: Employment - Prohibits discrimination by any employer, employment agency, labor organization, or joint labor-management committee against any qualified individual with a disability in job application procedures, hiring or discharge, compensation, advancement, training, and other terms, conditions, and privileges of employment. Lists types of actions construed to be discrimination. Makes the remedies set forth in specified provisions of the Civil Rights Act of 1964 and other specified Federal law available to any individual who believes that he or she is being or is about to be subjected to discrimination in violation of this Act. Title III: Public Services - Declares that no qualified individual with a disability shall be excluded from the participation in, denied the benefits of, or subjected to discrimination by a State, or by an agency, political subdivision, or other instrumentality of a State. Lists types of actions deemed, for purposes of this Act and specified provisions of the Rehabilitation Act of 1973, to be discrimination with regard to public transportation. Makes the remedies and rights set forth in specified provisions of the Rehabilitation Act of 1973 available to any individual who believes that he or she is being or is about to be subjected to discrimination in violation of this Act. Title IV: Public Accommodations and Services Operated by Private Entities - Prohibits discrimination on the basis of disability in the enjoyment of any place of public accommodation. Lists types of actions construed to be discrimination. Prohibits discrimination on the basis of disability in public transportation services provided by a private entity that is primarily engaged in transporting people, but that is not in the principal business of air transportation. Lists types of actions construed to be discrimination. Makes specified provisions of the Fair Housing Act relating to enforcement available, subject to exception, to any aggrieved individual. Title V: Telecommunications Relay Services - Defines "telecommunications relay services" to mean services that enable simultaneous communication between individuals who use telecommunications devices for the deaf (TDDs) or other nonvoice terminal devices and individuals who do not use such devices. Declares it discriminatory for any common carrier that offers telephone services to the public to fail to provide interstate or intrastate telecommunication relay services that are equal to those provided to their customers who are able to use voice services, except in any State in which services are provided through an entity designated by the State. Declares it discrimination by a State that makes such a designation if the State fails to provide interstate or intrastate relay services that are equal to those provided to their voice customers. Makes specified provisions of the Fair Housing Act relating to enforcement available, subject to exception, to any aggrieved individual. Requires the Federal Communications Commission to enforce this title. Makes specified provisions of the Communications Act of 1934 apply with respect to the enforcement of this title. Provides for cease and desist orders by the Commission and for monetary penalties. Title VI: Miscellaneous Provisions - Prohibits retaliatory discrimination against any individual because of actions related to this Act. Declares that a State shall not be immune under the 11th Amendment to the Constitution from an action in Federal court for a violation of this Act. Requires the Architectural and Transportation Barriers Compliance Board to issue minimum guidelines to supplement the existing Minimum Guidelines and Requirements for Accessible Design. Allows the awarding of reasonable attorney's fees, in certain circumstances, in any action or proceeding under this Act.
United States · United States Congress · 9 May 1989
Calls on the Government of Vietnam to: (1) make public the names of all individuals who continue to be held in "reeducation" camps or prisons in connection with suspected opposition to the Government of Vietnam; (2) release immediately all remaining long-term detainees from such camps or prisons; and (3) resume negotiations with the United States, without preconditions, concerning the emigration from Vietnam of such detainees and their families.
United States · United States Congress · 4 May 1989
Davis-Bacon Reform Act of 1989 - Amends the Davis-Bacon Act to increase from $2,000 to $250,000 the threshold amount subjecting certain contracts to such Act and requiring them to specify the minimum wages to be paid to laborers and mechanics. Directs the Secretary of Labor to establish as the prevailing wage for a class of laborers or mechanics the entire range of wages being paid to a corresponding class of such workers in the particular urban or rural subdivision of the State in which the work is to be performed. Sets out the means for determining such prevailing wage in cases when more than a single wage is being paid to corresponding classes of workers. Excludes from the computation of wages the basic hourly rates of pay for workers on local Federal projects. Establishes a separate classification for helpers of laborers or mechanics, with their prevailing wages to be determined on the basis of the corresponding class of helpers. Prohibits the division of contracts into units of $250,000 or less for purposes of avoiding wage computation under such Act. Provides for administrative enforcement of such prohibition. Applies the increased contract amount threshold for coverage provided in this Act to other related Federal laws which use the Davis-Bacon Act prevailing wage rate determination requirements. Provides that wages found to be due to laborers and mechanics pursuant to the Davis-Bacon Act shall be paid to them directly from accrued payments withheld under the contract, in accordance with specified regulations issued by the Secretary of Labor. (Currently the Comptroller General makes such payments.) Directs the Administrator of General Services (rather than the Comptroller General) to distribute a list to all Federal agencies giving the names of persons or firms that the Secretary of Labor (rather than the Comptroller General) has found to have disregarded their obligations to employees and subcontractors. Amends the Copeland Act to require certain contractors or subcontractors to furnish compliance statements concerning weekly wages at the beginning, midpoint, and conclusion of the period covered by the contract, instead of every week as the wages are paid. Requires such statements at least every three months. Directs the Secretary of Labor and the Comptroller General to submit to the Congress annual reports describing the effects of the Davis-Bacon Act, the Copeland Act, and this Act on local wages and on local and national economies.
United States · United States Congress · 3 May 1989
Authorizes the Secretary of the department in which the Coast Guard is operating to issue a certificate of documentation for a named vessel.
United States · United States Congress · 3 May 1989
Medicaid Pregnant Women, Infants, and Children Amendments of 1989 - Amends title XIX (Medicaid) of the Social Security Act to require States to provide Medicaid coverage to pregnant women and infants whose family income does not exceed 130 percent of the Federal poverty level. Requires States to make ambulatory prenatal care available to pregnant women during a 60-day presumptive eligibility period unless they fail to apply for Medicaid coverage within 14 days after the commencement of such period. Deems a food stamp card issued in a pregnant woman's name to be sufficient evidence of presumptive eligibility. Directs States to provide outreach and public education services in geographic areas with high rates of adverse pregnancy outcomes to inform low-income women of the need for and availability of prenatal care. Requires States to provide Medicaid coverage for the immunization of children under age six who are eligible for Medicaid or are receiving food stamps. Reduces Federal Medicaid administrative cost matching rates in excess of 50 percent.
United States · United States Congress · 3 May 1989
Designates the Labor Day weekend beginning on September 2, 1989, as National Drive for Life Weekend. Calls on people to observe that weekend with a pledge to not drink and drive.
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
Designates September 8, 1989, as National Pledge of Allegiance Day. Expresses the sense of the Congress that the Christopher Columbus Quincentenary Jubilee Commission should include the centennial observance of the Pledge of Allegiance in its commemorative activities.
United States · United States Congress · 2 May 1989
Designates February 18 through February 24, 1990, as National Visiting Nurse Associations Week.
United States · United States Congress · 27 April 1989
Amends part B (Peer Review) of title XI of the Social Security Act to require peer review organizations to give providers whose services are denied coverage under title XVIII (Medicare) of the Act an opportunity for reconsideration of the determination before patients and organizations responsible for paying claims are notified of such determination.
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 · 27 April 1989
Urban and Community Forestry Act of 1989 - Directs the Secretary of Agriculture to submit an urban and community forestry report to the Congress. Amends the Cooperative Forestry Assistance Act to provide for an expanded urban forestry education and technical assistance program. Directs the Secretary to: (1) establish an urban and community forestry matching grant program; (2) make plants available to urban areas and assist in their selection, planting, and maintenance; and (3) establish a National Urban and Community Forestry Advisory Council which shall prepare a national urban and community forestry action plan for the Secretary and the Congress. Authorizes FY 1990 through 1999 appropriations.