United States · United States Congress · 2 August 1989
Oil Pipeline Regulatory Reform Act of 1989 - Amends the Department of Energy Organization Act to terminate Federal Energy Regulatory Commission (FERC) jurisdiction over oil and other pipelines except the Trans-Alaska Pipeline. Authorizes the Attorney General and any interested person to petition the Secretary of Energy (the Secretary) for an adjudication of whether Commission rate regulation of an existing pipeline in any market is in the public interest. Prescribes adjudication guidelines. Provides that pipeline rates for service to markets which are not identified in a mandatory published adjudications list will no longer be subject to FERC regulatory jurisdiction. Prescribes adjudication guidelines under which the Secretary shall find that regulation of a pipeline is in the public interest only if it is demonstrated that such regulation is necessary to constrain the exercise of substantial market power in the supply and demand of products transported by the pipeline in that market. States that new pipelines shall not be subject to existing Commission regulatory jurisdiction or rate regulation, but shall be subject to common carrier regulation under such Act. States that Commission rate regulation shall be prospective only. Prohibits terminated Commission regulatory jurisdiction from reverting to any other Federal agency. Confers exclusive, original jurisdiction over any petition for judicial review upon the U.S. Court of Appeals for the District of Columbia Circuit. Precludes from such judicial review any action of the Attorney General under this Act, including adjudication petitions. Outlines the parameters within which pipelines are required to operate as common carriers. Requires pipelines to file terms of carriage schedules (except carriage rates) with the Commission. Mandates that pipeline rates be regulated only in markets in which the Secretary has found Commission rate regulation to be in the public interest. Sets forth guidelines for maximum rates, on a market by market basis, subject to price cap regulation based on base rates and cumulative changes in a Competitive Pipeline Price Index. Precludes a pipeline from conditioning its services upon entering into other transactions or on taking or refraining from any action. Retains the applicability of all antitrust laws to pipeline transportation of crude oil or refined oil products. Requires the Secretary to report to the Congress regarding the results of this Act five years after the conclusion of all adjudications.
United States · United States Congress · 1 August 1989
High Risk Occupational Disease Notification and Prevention Act - Establishes a Risk Assessment Board (the Board), within the Department of Health and Human Services (HHS), to: (1) review pertinent medical and scientific reports on the incidence of disease associated with exposure to occupational health hazards; (2) identify and designate populations at risk that should receive notification; (3) develop a form and method of notification that will be used by the Secretary of Health and Human Services (the Secretary); and (4) determine the appropriate type of medical monitoring or beneficial health counseling. Sets forth factors for Board consideration and priorities in designating populations at risk of disease for notification. Directs the Secretary to make every reasonable effort to ensure that each individual within a population at risk of disease is notified of the risk. Requires the Secretary, through the National Institute for Occupational Safety and Health (NIOSH), to conduct the required notification, with specified exceptions. Allows an employer to apply to NIOSH for an exemption from such employee notification because that employer's employees are not at risk of disease because of significant mitigating factors. Provides for telephone "hot lines" and other dissemination of information. Authorizes the Secretary to certify a private employer or a State or local government to conduct notification. Provides for judicial review of Board determinations. Requires the Secretary to establish and certify ten occupational and environmental health centers to: (1) provide education, training, and technical assistance to personal physicians and health and social service professionals who serve employees notified that they are at risk under this Act; and (2) provide diagnosis, treatment, and medical monitoring and family services for such employees. Directs the Secretary to make grants to conduct research, training, and education aimed at improving the means of identifying employees exposed to occupational health hazards and improving medical assistance to such employees. Authorizes the Secretary to make grants and contracts for training and curriculum development in occupational medicine or health to schools of medicine and of nursing. Provides that such assistance shall be for projects: (1) at schools with occupational medicine or health programs, for faculty continuing education, curricula and training materials for undergraduate medical or nursing training, and clinical training for residents in graduate medical programs; and (2) at schools without such programs, for faculty training. Directs the Secretary, during FY 1991 through 1993, to make such grants and contracts to at least ten schools of medicine or nursing. Requires that the medical monitoring recommended by the Board be provided by the current employer: (1) at no additional cost to the employee (above any existing employee health care contribution), if any part of the exposure occurred in the course of employment by that employer; or (2) at a charge to the employee not exceeding the additional cost to the employer (above any existing employer health care contribution), or at no charge, if no part of such exposure occurred in the course of employment by that employer. Sets forth special rules for medical monitoring by small businesses and of seasonal agricultural workers. Prohibits discharging or discriminating against employees, or applicants for employment, on the basis that they are or have been members of a population at risk. Makes an exception to such prohibition if the position which the applicant seeks requires exposure to the occupational health hazard which is the subject to the notice. Allows an employer with 50 or fewer employees to transfer an employee who is or has been a member of a population at risk to another job if earnings, seniority, and other employment rights and benefits are as comparable as possible to the old job and if the terms of an applicable collective bargaining agreement are not violated. Grants the option of being transferred to a less hazardous or nonexposed job to any employee member of a population at risk who is determined by a physician to show evidence of developing the disease described in the notice or other symptoms or conditions increasing the likelihood or incidence of such disease. Requires that the employee maintain earnings, seniority, and other employment rights and benefits of the former job. Sets forth procedures for independent reconsideration of the initial medical determination. Sets forth special rules for medical removal. Makes such protection inapplicable to seasonal agricultural workers with less than six months continuous employment with an employer. Exempts from the requirement of medical removal protection any employer who has 50 or fewer employees and who has made or is making a reasonable good faith effort to eliminate the occupational health hazard that is the basis for the medical removal decision. Provides for confidentiality of employee records unless disclosure is authorized by and is necessary to carry out a provision of this Act, or is authorized by the employee. Permits employees aggrieved by violations of provisions involving medical monitoring, medical removal, discrimination, and confidentiality to apply, within six months after the violation occurs, to the Secretary of Labor for a review of the alleged violation. Sets forth provisions for investigations, actions, defenses, determinations, and appeals in such cases. Provides for reinstatement and other relief for employees injured by such violations. Sets forth civil penalties for such violations. Authorizes the Secretary (of HHS) to bring an action in U.S. district court to enjoin an employer from violating this Act. Directs the Secretary of Labor to report annually to the Congress on the implementation and enforcement of the hazard communication standard. Directs the Secretary of HHS to report annually to the Congress on the implementation and enforcement of notification under this Act. Authorizes appropriations for FY 1989 through 1993.
United States · United States Congress · 28 July 1989
Copyright Remedy Clarification Act - Amends Federal copyright law to provide that any State or State instrumentality is liable to the same extent as any nongovernmental entity for: (1) copyright infringement; (2) importation of phonorecord copies without the authority of the copyright owner; and (3) infringement of exclusive rights in mask works. Denies sovereign immunity to any State for such violations and provides the same remedies as are available against other private or public entities.
United States · United States Congress · 28 July 1989
Copyright Royalty Tribunal Reform and Miscellaneous Pay Act of 1989 - Amends Federal copyright law to decrease Copyright Royalty Tribunal membership to three commissioners. Places under Level V of the Executive Schedule the compensation rates for: (1) Tribunal commissioners; (2) United States Parole Commissioners; and (3) the Deputy Commissioner of Patents and Trademarks, the Assistant Commissioner for Patents, and the Assistant Commissioner for Trademarks.
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
Industrial Design Anti-Piracy Act of 1989 - Amends the copyright law to provide for the protection of industrial designs of useful articles (including typefonts), except designs that are: (1) not original; (2) staple or commonplace; (3) different from commonplace or staple designs in insignificant ways; (4) determined solely by a utilitarian function; (5) composed of three-dimensional features of shape and surface in wearing apparel; (6) a semiconductor chip product already protected under another provision; or (7) embodying a process or idea or system. States that protection for a design shall be available for subject matter usually excluded if the design is a substantial revision, adaptation, or rearrangement of such subject matter. Sets the term of protection at ten years. Requires the design to be marked with a design notice when it is made public. States that omission of such notice shall not cause loss of protection or prevent recovery for infringement against any person who receives written notice of the protection. Specifies the criteria for determination of infringement of a protected design. Provides that protection of a design shall be lost if application for registration is not made within one year after the date on which the design is first made public. Provides procedures for application for the protection of a design through a certificate of registration. Sets a fee schedule for such process. Specifies the ownership and transfer rights of designs subject to protection. Provides remedies for infringement of a registered design, including injunctive relief and damages. Allows judicial review of a final refusal of the Register of the Copyright Office to register a design. Prescribes penalties for fraudulent registration, false marking, and false representation of any design. Provides that this Act shall take effect one year after the date of enactment. States that no design made public prior to the effective date shall be protected.
United States · United States Congress · 25 July 1989
Fastener Quality Act - Prohibits the offering for sale or sale in commerce of any fastener (screw, nut, bolt, stud, similar threaded device, or washer) unless it is part of a lot which: (1) conforms to standards and specifications represented by the manufacturer; and (2) has been inspected, tested, and certified according to this Act. Sets forth special rules for small lots. Requires manufacturers to have a fastener lot sample inspected by a laboratory accredited under an approved system (including one owned or affiliated with the manufacturer if it is so accredited). Requires the laboratory, upon determination of conformance with the appropriate standards and specifications, to provide the manufacturer certificates with respect to such lot. Directs the Secretary of Commerce, through the Director of the National Institute of Standards and Technology, to establish: (1) a program for the accreditation of laboratories engaged in the inspection and testing of fasteners; (2) conditions under which accreditation by private entities using standards issued by consensus standards organizations shall be deemed to satisfy the accreditation requirements of this Act; and (3) conditions, no less stringent than those for private accrediting entities, under which accreditation of foreign laboratories by their governments shall be deemed to satisfy the requirements of this Act. Limits accreditation to three years. Requires that laboratory accreditation standards issued by one or more consensus standards organizations selected by the Director be used to accredit laboratories under the accreditation program. Authorizes the Director to hire contractors as necessary to carry out the accreditation program. Requires costs for the establishment and operation of the program to be fully reimbursable through fees or other charges for accreditation services. Directs the Secretary to ensure that private accrediting entities and laboratories accredited by such entities or by foreign governments comply with conditions and requirements in this Act. Requires the Director to periodically transmit recommendations to consensus standards organizations. Prohibits any manufacturer from selling any container of fasteners manufactured in the United States unless delivery to the first purchaser is accompanied by a written notification of testing and certification by an accredited laboratory. Prohibits any person from selling any container of fasteners manufactured outside the United States to any importer or end user unless delivery is accompanied by an original certificate from an accredited laboratory. Allows delivery to an importer or private label distributor without the required certificate if: (1) the manufacturer discloses in writing the appropriate standards and specifications; and (2) the importer or private label distributor assumes responsibility in writing for inspection and testing. Requires that, in a sale of any quantity for resale at wholesale, the container be conspicuously marked with the lot number. Requires persons who make significant alterations to a fastener subsequent to manufacture to have the altered fastener inspected and tested unless delivery is accompanied by a disclosure of the alteration and a warning. Requires subsequent disclosures of the alteration in resales. Prohibits commingling of fasteners from different lots in the same container. Requires fastener manufacturers or private label distributors to comply with requirements of a program for recordation of insignias. Directs the Secretary to establish such a program, including regulations to ensure traceability. Sets forth civil remedies, including declaratory and injunctive relief, and criminal penalties, including fines and imprisonment, for violations of this Act. Provides that nothing in this Act shall be construed to: (1) preempt any rights or causes of action that any buyer may have with respect to any seller of fasteners under the law of any State, except insofar as such State law conflicts with this Act; and (2) limit or otherwise affect the authority of any consensus standards organization to establish, modify, or withdraw any standards and specifications under any other law or authority in effect on the date of enactment of this Act.
United States · United States Congress · 25 July 1989
Veterans Agent Orange Exposure and Vietnam Service Benefits Act of 1989 - Provides that the disease of chloracne in Vietnam veterans shall be considered to have been service-connected if such disease became manifest to a ten percent or more degree of disability within one year after the last date on which the veteran performed such service in Vietnam. Presumes the following diseases to be service-connected for veterans who performed active service in Vietnam during the Vietnam era, notwithstanding that there is no record of evidence of such disease during the period of such service: (1) non-Hodgkins lymphoma; (2) soft-tissue sarcoma; and (3) melanoma and basal cell carcinoma. Provides a presumption of service-connection in the case of a Vietnam veteran suffering from a disease associated with effects of exposure to certain dioxins or other herbicide agents during such service in Vietnam. Directs the Secretary to prescribe regulations listing a positive association between any disease and the biological effects of exposure to an herbicide agent in Vietnam. Requires the Secretary to update such list continually. Requires the Secretary, in prescribing and revising such list, to obtain by contract the determinations and estimates of a contract scientific organization. Requires such organization to: (1) determine which diseases have any degree of association with the biological effects of exposure to an herbicide agent; and (2) estimate the extent of association between each such disease and each such biological effects. Requires the organization to determine such association specifically with respect to non-Hodgkins lymphoma, each soft-tissue sarcoma, lung cancer, and each other cancer. Outlines contract provisions required in such agreements between the Secretary and the scientific organization, including surveys, evaluations, and periodic determinations. Requires such scientific organization to provide reports to the Secretary and the Senate and House Veterans' Affairs Committees regarding its determinations and evaluations. Requires such organization to determine, in the effect of a positive association, whether there is a reasonable basis for concluding that a Vietnam veteran with the highest level of exposure to that herbicide agent in Vietnam was exposed to such agent under the circumstances necessary for such biological effects. Requires a report from the organization to the Secretary and the veterans' committees when there is no such reasonable basis found. Requires the Secretary to make certain determinations and follow-up reports after receiving such reports from the contract scientific organization, including the issuance of a report to the veterans' committees and the promulgation of positive association regulations, if necessary. Requires benefits to be continued even though a disease is removed from the regulations listing diseases having positive associations. Terminates such contracting authority ten years after the first day of the fiscal year in which a scientific organization transmits its first report to the Secretary. Provides special effective dates. Directs the Secretary to compile and analyze all clinical data that: (1) is obtained by the Department in connection with examinations and treatment of veterans for disabilities related to exposure to certain herbicides or to service in Vietnam; and (2) is likely to be scientifically useful in determining the association, if any, between the disabilities of such veterans and their exposure to such herbicides and other toxic substances. Requires the Secretary to submit an annual report to the veterans' committees concerning such analysis and its results. Directs the Secretary to consult with the Director of the National Institutes of Health Research and Grants Division (NIH) before compiling and analyzing such information. Requires the Director of NIH to review each annual report submitted by the Secretary and transmit to the Secretary an evaluation of the contents of each report. Directs the Secretary to establish and maintain a system for the collection and storage of voluntarily contributed samples of blood and tissue of veterans who performed active service in Vietnam during the Vietnam era. Outlines provisions concerning the security and authorized uses of such specimens, as well as limitations on the acceptance of such samples. Requires the Secretary to consult with the National Academy of Sciences (NAS) to the extent that an agreement has been reached with the NAS serving as the contract scientific organization for the Secretary. Requires the Secretary to consult with the Director of the Medical Follow-up Agency in the event of no agreement with NAS. Directs the Secretary to establish a program to provide for the conduct of studies of the feasibility of conducting additional scientific research on health hazards resulting from: (1) exposure to dioxin; (2) exposure to other toxic agents in herbicides used in support of U.S. and allied military operations in Vietnam during the Vietnam era; and (3) active military, naval, or air service there. Requires the Secretary to report to the veterans' committees on the results of such studies. Requires the Secretary to consult with the NAS before undertaking such studies and requires the NAS, to review such studies and report recommendations to the Secretary and the veterans' committees, to the extent provided under any agreement between the Secretary and NAS. Amends the Veterans' Benefits Improvement Act of 1988 to require the Secretary to annually furnish updated information to veterans listed in the Department of Veterans Affairs' Agent Orange Registry on health risks resulting from exposure to dioxin or other toxic agents in herbicides as a result of service in Vietnam during the Vietnam era. Directs the Secretary of Health and Human Services to report to the veterans' committees on the research being conducted to develop treatments for psychological absorption of dioxin and other toxic agents used in herbicides by the United States in Vietnam, including research relating to exposure to dioxin and other toxic agents outside Vietnam. Extends through December 31, 2000, the eligibility for hospital and nursing home care for veterans exposed to toxic substances in Vietnam. Amends the Veterans' Benefits Improvement Act of 1988 to authorize direct consultation between the Ranch Hand Advisory Committee and Department of the Air Force scientists conducting the Ranch Hand Study (a study of the long-term health effects of exposure to phenoxy herbicides and contaminants). Requires the preparation and submission of annual reports and a final report in connection with such study.
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 week of October 22 through October 29, 1989, as National Red Ribbon Week. Recognizes and commends the hard work and dedication of certain individuals and organizations and urges activities that support community and alcohol education during such week. Encourages Americans to wear or display red ribbons during such Week to present and symbolize their commitment to a healthy, drug-free lifestyle, and to develop an attitude of intolerance to the use of drugs.
United States · United States Congress · 21 July 1989
Emerging Telecommunications Technologies Act of 1989 - Directs the Secretary of Commerce to submit to the President and the Congress a report identifying, and recommending for reassignment, frequencies that: (1) are assigned to Government stations pursuant to the Communications Act of 1934 (the Act); (2) are not required for the present or identifiable future needs of the Government; (3) could be made available for use under the Act (other than for Government stations); and (4) are most likely to have the greatest potential for commercial uses. Sets forth criteria for identifying, and recommending for reassignment, such frequencies. Requires the Secretary to submit to the Congress a report which makes a preliminary identification of reassignable frequencies. Directs the Secretary to convene a private sector advisory committee to: (1) review the frequencies identified in the preliminary report; (2) advise the Secretary with respect to the frequencies which should be included in the final report; and (3) prepare and submit to the Secretary and specified congressional committees a report on recommendations for the reform of the process of allocating the electromagnetic spectrum for civilian and Government use. Directs the President, after receiving the final report, to: (1) withdraw the assignment to a Government station of any frequency which such report recommends for reassignment; (2) limit the assignment to a Government station of any frequency which such report recommends be made available for mixed use; (3) assign or reassign other frequencies to Government stations as necessary to adjust to such withdrawal or limitation of assignments; and (4) notify the Federal Communications Commission (FCC) and each House of Congress of the actions taken. Authorizes the President to substitute alternative frequencies in the interest of national defense, important governmental needs, or public health or safety. Directs the FCC to submit to the President and the Congress a plan for the distribution of the reassigned frequencies. Prohibits the use of any auction or comparable device to allocate frequencies. Authorizes the President to reclaim reassigned frequencies for reassignment to Government stations. Sets forth procedures for reclaiming frequencies. Authorizes appropriations to cover the costs of reclaiming frequencies.
United States · United States Congress · 29 June 1989
Prohibits any cable system from being required, before January 1, 1991, to delete programming pursuant to certain Federal Communications Commission rules and regulations concerning syndicated program exclusivity.
United States · United States Congress · 27 June 1989
Expresses the sense of the House of Representatives with respect to its concern over the Supreme Court's decision in Texas v. Johnson and its commitment to preserving the honor and integrity of the flag. Condemns all actions intended to desecrate the flag. Urges the American people to continue to display proudly the U.S. flag.
United States · United States Congress · 22 June 1989
Computer Software Rental Amendments Act of 1989 - Amends Federal copyright law to prohibit the person in possession of a computer software program from renting, leasing, or lending it for direct or indirect commercial advantage unless authorized to do so by the copyright owner (or licensee). Directs the Register of Copyrights to report to the Congress whether this Act has achieved its purpose of maintaining the integrity of the copyright system while providing nonprofit libraries the capability to fulfill their function. Grants remedies for copyright infringement in cases of violations of this Act.
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
Federal Facilities Radioactive Waste Control Act - Amends the Solid Waste Disposal Act to provide that source, special nuclear, or byproduct materials generated at Federal facilities which are mixed with hazardous wastes listed under such Act shall be subject to regulation under such Act for hazardous waste constituents and the Atomic Energy Act of 1954 for radioactive constituents.
United States · United States Congress · 21 June 1989
Product Liability Reform Act of 1989 - Declares that this Act governs any product liability action brought in any State or Federal court against a manufacturer or product seller, on any theory, for harm. States that a civil action brought against a manufacturer or product seller for commercial loss shall be governed by applicable commercial or contract law. Supersedes any inconsistent State law regarding recovery in such actions. Lists specific laws not superseded, including: (1) defense of sovereign immunity asserted by any State or by the United States; (2) any Federal law (except the Federal Employees Compensation Act and the Longshore and Harbor Workers' Compensation Act); (3) the Foreign Sovereign Immunities Act of 1976; (4) State choice-of-law rules; (5) the right of any court to transfer venue or to apply the law of a foreign nation or to dismiss a claim of a foreign nation or citizen on the ground of inconvenient forum; and (6) any statutory or common law cause of action which is not an action for harm caused by a product or an action to abate a nuisance and which is for civil damages or civil penalties, clean up costs, injunctions, restitution, cost recovery, punitive damages, or any other form of relief from contamination or pollution of the environment or the threat of it. Makes this Act (except provisions relating to workers' compensation offset) inapplicable to any product liability action brought in State or Federal court, on any theory, for harm caused by asbestos or asbestos products. Provides that, with respect to civil actions brought for vaccine-related injury or death, if specified provisions of the Public Health Service Act (PHSA) take effect and establish a Federal rule of law or defense applicable to such actions, then this Act does not affect the application of such rule of law or defense and any conflicting rule or defense prescribed by this Act shall not apply to such an action. Provides that if there is an aspect of such an action for which a PHSA rule or defense does not apply, then this Act or otherwise applicable law will apply to such aspect. Establishes a standard of manufacturer liability in product liability actions for proximate causes of harm, established by a preponderance of the evidence, which fall under the categories of: (1) negligence; (2) strict product liability; or (3) intentional wrongdoing. Provides that negligence shall be in terms of a manufacturer's failure to act as a reasonably prudent person would with respect to product design, construction, warnings, or instructions. Provides that strict liability shall be with respect to a product's being in an unreasonably dangerous defective condition in: (1) deviation from standards; (2) nonconformance with an express warranty; (3) failure to contain adequate warnings or instructions; or (4) design (in which case State law governs with respect to establishment of a prima facie case). Provides that a manufacturer's intentional wrongdoing shall be determined under applicable State law. Sets forth a defense to manufacturer liability based on a product's inherent characteristics. Provides that a product shall not be considered to be in an unreasonably dangerous defective condition if the product aspect which allegedly caused the harm cannot be made safe and is not dangerous to an extent beyond that which would be contemplated by the ordinary person who uses or consumes the product with the knowledge common to the community as to its characteristics. Provides that such defense does not limit a manufacturer's liability solely because the risk of harm is patent, open, or obvious. Provides that a manufacturer shall not be relieved of liability on the grounds that the product that allegedly caused the harm was unavoidably unsafe, unless the product is a drug or medical device. Provides that in product liability actions involving an improperly designed and unavoidably unsafe drug or medical device, the manufacturer's liability shall be determined under State law (and the state-of-the-art defense under this Act shall not apply). Sets forth a state-of-the-art defense. Provides that the manufacturer shall not be liable for the design of the product if the manufacturer establishes by a preponderance of the evidence that at the time the product left its control: (1) the manufacturer did not and could not know that the product was in an unreasonably dangerous defective condition because of its design in light of knowledge reasonably available to experts; or (2) there was not a feasible alternative design that would have prevented the harm without substantially impairing the reasonably anticipated or intended function of the product (considering specified factors). Makes the state-of-the-art defense inapplicable if the court finds, on its own or on a party's motion, that a claimant has established by a preponderance of the evidence that the product is so unsafe compared to its usefulness that it should not have been marketed. Sets forth standards for product warnings and instructions. Provides that a product is in an unreasonably dangerous defective condition because it failed to contain adequate warnings and instructions if reasonably prudent, adequate warnings or instructions, in the light of knowledge reasonably available to experts, on the aspect (including a design aspect) which caused the harm: (1) did not accompany the product at the time it left the manufacturer's control; or (2) were not given on a timely basis by the manufacturer before the harm. Requires that specified factors be considered. Establishes, in addition to the general standard of manufacturer's liability, a presumption of liability applicable to manufacturers of fire fighting equipment or protective clothing for harm suffered by any fire fighter performing interior structural firefighting if: (1) the harm was the result of the use of such equipment or clothing which left the manufacturer's control after the enactment of this Act; and (2) the equipment or clothing did not comply with the OSHA (Occupational Safety and Health Act) fire brigade occupational safety and health standards or a more stringent State standard. Establishes a standard of product seller liability in product liability actions for proximate causes of harm, established by a preponderance of the evidence, which fall under the categories of: (1) negligence; (2) express warranty; or (3) intentional wrongdoing. Provides that such negligence shall be in terms of a product seller's failure to exercise reasonable care with respect to the product. Provides that it shall not be such a failure based on an alleged failure to inspect a product where there was no reasonable opportunity to inspect it in a manner which would or should, in the exercise of reasonable care, have revealed the aspect which allegedly caused the harm. Provides that such product seller's express warranty must be independent of any express warranty of the manufacturer. Provides that a product seller's intentional wrongdoing shall be determined under applicable State law. Establishes an additional product seller liability as a manufacturer. Makes the product seller liable as if it were the manufacturer if: (1) the manufacturer is not subject to service of process under the laws of the State in which the claimant brings the action; or (2) the court determines that the claimant would be unable to enforce a judgment against the manufacturer. Sets forth a defense based on a claimant's being, as a result of the influence of intoxicating alcohol or any non-over-the-counter drug which has not been prescribed for the claimant by a physician, more than 50 percent at fault for the harm. Reduces the manufacturer's or product seller's liability for damages by the percentage of responsibility for the harm attributable to misuse or alteration of a product. Allows punitive damages to be awarded, to the extent provided by applicable State law, if the claimant establishes by clear and convincing evidence that the manufacturer or product seller engaged in conduct giving rise to punitive damages under applicable State law, with the following exception. Provides that a failure to exercise reasonable care in selecting among alternative product designs, formulations, instructions, or warnings shall not, by itself, constitute conduct that may give rise to punitive damages. Requires separate proceedings for punitive damages if such separate proceedings are requested by the defendant. Makes evidence in such separate proceedings which is relevant only to the claim of punitive damages inadmissible in any proceeding for compensatory damages. Directs the trier of fact, in determining the amount of punitive damages, to consider all relevant evidence, including specified factors. Prohibits punitive damages against a manufacturer of a drug or medical device unless the claimant establishes by clear and convincing evidence that the manufacturer or product seller engaged in conduct giving rise to punitive damages under applicable State law and unless the manufacturer engaged in: (1) intentional and wrongful withholding or misrepresentation of information, material and relevant to the harm, which either was required to be submitted before the approval of the drug or device or was related to the safety and efficacy of the drug or device after its approval, under the Federal Food, Drug, and Cosmetic Act (FFDCA) or the Public Health Service Act; or (2) a violation of the FFDCA which was material and relevant to the harm and was committed with the intent to defraud or mislead, as determined by the court and proven by clear and convincing evidence. Prohibits punitive damages against a drug manufacturer where the harm is alleged to relate to the adequacy of the packaging or labeling of a drug required to have tamper-resistant packaging (and related labeling), unless the drug is found by clear and convincing evidence to be substantially out of compliance with Federal regulations. Makes findings with respect to punitive damages relating to drugs and medical devices inadmissible in any criminal proceeding. Requires that civil actions subject to this Act be brought within two years from the time the individual discovered or should have discovered the harm and its cause, with the following exception. Bars actions for harm caused by a product which is a capital good unless the complaint is served and filed within 25 years of the date of delivery of the product to its first purchaser or lessee who was not engaged in the business of selling or leasing it or using it as a component in the manufacture of another product. Applies this capital goods rule only if: (1) the court determines that the claimant has received or would be eligible to receive State or Federal workers' compensation for the harm; and (2) the harm did not include chronic illness. Reduces any damages awarded under this Act by the amount paid in workers' compensation benefits which the claimant-employee is or would be entitled to receive. Provides for such reduction only where the employer or the employer's workers' compensation insurance carrier does not have a lien against the claimant's recovery in a product liability action against a claimant or product seller. Provides that determinations under this Act of workers' compensation benefits shall have no binding effect on, and shall not be used as evidence in, any other proceeding. Allows the claimant to stay product liability actions under this Act until the workers' compensation benefits have been determined. Provides that the employer and its insurance carrier shall have no right of subrogation, contribution, or implied indemnity against an award made under this Act, unless the employer establishes, and the trier of fact determines, that the harm was not caused in any way by fault of the employer or a co-employee. Prohibits any third-party tortfeasor from maintaining any action for implied indemnity or contributions against the employer, any co-employee, or the exclusive representative of the injured party. Provides that nothing in this Act shall affect any provision of State or Federal workers' compensation law which: (1) prohibits a person who is or would have been entitled to receive compensation under such law, or any derivative claim, from recovering in any other action against an employer, employer's insurer, co-employee, or exclusive representative; or (2) permits recovery based on an intentional tort by the employer or co-employee. Declares that this Act's restrictions on third-party claim tortfeasors shall not apply and applicable State law shall control if the employer or its insurer, in a product liability action subject to this Act, asserts or attempts to assert, because of provisions relating to its lack of fault under this Act, a right of subrogation, contribution, or implied indemnity against the manufacturer or product seller or a lien against the claimant's recovery from them. Sets forth standards, procedures, and sanctions relating to frivolous pleadings under this Act. Provides for the availability of information under this Act. Provides that U.S. district courts shall not have jurisdiction over any civil action arising under this Act. Requires the court in which any action is brought under this Act, upon the application of any party to the action, to refer the action to mediation, unless the court determines that the action involves novel or unsettled issues of law or is otherwise unsuitable for mediation. Allows the court to impose fees to cover the costs of the mediation. Makes mediation statements, briefs, and summaries inadmissable in any court or any other evidentiary proceeding. Requires the evaluation by the mediation panel to include a separate award for each claim, crossclaim, counterclaim, or third-party claim. Requires each party to file an acceptance or rejection of the panel's award, with special procedures for multiple parties. Requires that the action proceed to trial with respect to any claim for which any party rejects the mediation award. Makes the findings, evaluations, and awards of the panel and the parties' acceptance or rejection inadmissable at trial. Requires the rejecting party to pay the opposing party's costs, upon request, unless the verdict is more favorable to the rejecting party than the mediation award. Requires each State Attorney General and the Administrative Office of the U.S. Courts to report to the Attorney General, and the Attorney General to report to the Congress regarding implementation of the mediation provisions of this Act. Sets forth definitions under this Act. Excludes commercial loss from the definition of harm. Defines harm as any of the following caused by a product: (1) personal physical illness, injury, or death; (2) mental anguish or emotional harm caused by or causing personal physical illness or injury; or (3) physical damage to property other than the product itself. Directs the Secretary of Commerce (the Secretary) to report to the Congress on the effect of the implementation of this Act upon the cost and availability of product liability insurance. Sets forth requirements relating to the information on which such report is based. Requires such a report annually for ten years, after which the Secretary shall report on the costs and benefits of continuing such reports and continue them only if so requested by a majority of specified congressional committees. Directs the Secretary to report to the Congress on what information is needed to enable the Congress to measure the effect of product liability reforms on product liability actions. Requires consultation with specified entities in making such report. Requires specified information to be included in such report. Requires the report to be submitted within 18 months after the enactment of this Act. Directs the Secretary to report to the Congress on the effect of this Act upon product liability actions, product manufacturers, and product sellers (including small businesses), claimants, and Federal and State courts. Requires such report to assess specified factors. Requires such a report to be made biennially five times, after which the Secretary shall report on the costs and benefits of continuing such reports and continue them only if so requested by a majority of specified congressional committees. Directs the Secretary, upon determining that sufficient data does not exist to measure the effect of product liability reform on litigation, to report on what information is needed to enable the Congress to measure the effect of product liability reforms on product liability actions. Requires consultation with specified entities in making such report. Requires specified information to be included in such report. Requires the report to be submitted within 18 months after enactment of this Act. Declares that this Act shall not apply to any product liability cause of action arising from the use of a product before the date of enactment of this Act against a person who is a debtor in a case commenced on a specified date under bankruptcy provisions of Federal law.
United States · United States Congress · 15 June 1989
National American Indian Museum Act - Establishes within the Smithsonian Institution a memorial to Native Americans to be known as the National Museum of the American Indian, to provide for the study, research, collection, and exhibition of Native Americans and their culture. Designates specified areas in the District of Columbia and New York City as the sites of facilities for the Museum. Requires establishment of a facility for the conservation and storage of Museum collections at the Museum Support Center in Suitland, Maryland. Authorizes the Smithsonian to: (1) provide for the transfer of certain assets of the Heye Foundation for the benefit and use of the Museum; (2) construct such facilities; (3) provide for acquisition of Native American objects and artifacts from museums or private collections; and (4) maintain or loan objects and artifacts in the Museum collection. Establishes the Board of Trustees of the Museum. Directs the Board to: (1) recommend annual budgets for the Museum; and (2) assist the Board of Regents on matters relating to the Museum. Grants the Trustees sole authority to: (1) dispose of and acquire additional Museum property; and (2) establish policy with respect to the utilization of the Museum's collections. Grants the Trustees authority to: (1) establish policy with respect to the restoration, preservation, and maintenance of Museum collections; (2) solicit funds for the Museum; (3) approve expenditures from the Museum's endowment; (4) advise the Museum's Director; (5) provide for the exhibition of Native American objects and artifacts; and (6) conduct research and evaluation and educational programs with respect to the Museum collections. Requires the Trustees to submit annual reports to the Board of Regents and the Congress. Requires the Foundation's employees serving at the time of the transfer to be offered employment by the Smithsonian. Directs the Board of Regents to: (1) loan artifacts and objects from the Smithsonian Institution traveling exhibit service to the Heye Foundation's successor; and (2) provide training and assistance to such successor to maintain and operate exhibits and a museum facility at Audubon Terrace, New York, New York. Directs the Board, in providing such services, to require such successor to: (1) designate a specified area for exhibit space; (2) ensure physical suitability of such space for exhibition of traveling collections; and (3) make an effort to coordinate exhibits. Authorizes the Board to enter into agreements with museums, educational institutions, and cultural organizations to: (1) loan Native American artifacts and objects from the Museum collection; (2) sponsor and coordinate traveling exhibitions; and (3) provide technical assistance. Directs the Board to enter into an agreement with the Secretary of the Interior to insure that certain museums have an opportunity to participate in such programs. Directs the Board to: (1) identify the geographic and tribal origins of the skeletal remains of Indians and associated grave offerings in the Smithsonian; (2) conduct a study and make recommendations on how to implement a policy of returning or repatriating such skeletal remains and associated grave offerings according to tribal custom; (3) consult with traditional Indian religious leaders in making such recommendations; and (4) report to the Congress within three years of this Act's enactment on the identity of such skeletal remains and associated grave offerings and the findings and recommendations of such study. Directs the Secretary to make grants available for assisting Indian tribes in such repatriation. Authorizes appropriations.
United States · United States Congress · 14 June 1989
Provides for the allocation of funds awarded to the Seminole Indians in certain dockets of the Indian Claims Commission, according to a specified formula, to the Seminole Nation of Oklahoma, the Seminole Tribe of Florida, the Miccosukee Tribe of Indians of Florida, and the unaffiliated Seminoles of Florida. Directs the Secretary of the Interior, in consultation with each Indian tribe, to prepare and submit plans to the Congress for the use and distribution of such funds within 180 days of this Act's enactment. Provides that such funds may not be used or distributed until a membership roll of Seminole Indians has been certified by the Secretary. Specifies that any plans for the investment, use, or distribution of such funds shall account for common tribal needs, educational requirements, and long-term economic and social interests of the affected tribe. Directs the Secretary to implement such plans 60 days after their submission unless the Congress enacts a joint resolution disapproving such plan. Requires that tribal investment decisions under such plans be subject to the Secretary's approval. Declares that the funds allocated to each Indian tribe under this Act are to be held in trust by the United States for the benefit of such tribe.
United States · United States Congress · 14 June 1989
Maternal and Child Health Block Grant Amendments of 1989 - Amends title V (Maternal and Child Health Services) of the Social Security Act to increase authorized appropriations under such title. Adds the promotion and provision of family-centered, community-based, coordinated care for children with special health care needs to the purposes to which title V block grants to States shall be devoted. Increases amounts set aside from the block grant program to enable the Secretary of Health and Human Services to develop and expand: (1) maternal and infant health home visiting programs; (2) integrated maternal and child health service delivery systems; (3) maternal and child health centers; and (4) maternal and child health projects serving rural populations. Authorizes States to use block grant funds to pay the salaries of National Health Service Corps personnel. Prohibits States from using more than ten percent of block grant funds for administering such funds. Requires States to use at least: (1) 30 percent of block grant funds for preventive and primary care for pregnant women, mothers, and infants; (2) 30 percent of such funds for preventive and primary care for children; and (3) 30 percent of such funds on children with special health care needs. Permits a waiver of such requirement if a State demonstrates an extraordinary unmet need for one of the activities. Requires State agencies administering a State's title V program to assist individuals who are eligible for assistance under title XIX (Medicaid) of the Social Security Act in applying for Medicaid benefits. Requires title V providers to provide Medicaid services. Imposes maternal and child health reporting requirements on States and the Secretary of Health and Human Services. Provides States with Federal, technical assistance in developing consistent and accurate maternal and child health data collection mechanisms. Directs the Secretary to develop: (1) a model application form for use in applying, simultaneously, for assistance for a pregnant woman or a child under age six under specified maternal and child assistance programs; and (2) a national system for linking an infant's birth record, such infant's death record, and information on Medicaid claims submitted with respect to such infant or his or her birth.
United States · United States Congress · 13 June 1989
B-2 Fly-Before-You-Buy Act of 1989 - Prohibits the Secretary of Defense from obligating any funds for procurement of production aircraft under the B-2 Advanced Technology Bomber program until the Secretary certifies to the Congress that: (1) all testing and evaluation of the aircraft has been successfully accomplished; and (2) such aircraft has a high probability of being able to perform its intended missions. Directs the U.S. Comptroller General to review all test reports and evaluation documents concerning such aircraft program and to report the findings to the Congress.
United States · United States Congress · 13 June 1989
Truth in Legislating Resolution - Amends rule X of the Rules of the House of Representatives to require each report or joint explanatory statement accompanying each bill or joint resolution to contain: (1) an identification of each provision which benefits only ten or fewer beneficiaries; (2) the name of each beneficiary; (3) the name of the Member who sponsored such provision and an identification of each such provision requested by a Federal agency or Federal officer; and (4) an estimate by the Congressional Budget Office or the Joint Committee on Taxation of the costs or loss in revenues resulting from such provision.
United States · United States Congress · 8 June 1989
Amends the Solid Waste Disposal Act to state that a permit issued to a Federal facility for hazardous waste management shall be deemed to be issued to the operator and that sovereign immunity does not extend to such operator. Prohibits any Federal agency from entering into a contract with a person convicted of an offense under such Act or with any affiliate of such persons for the procurement of goods, materials, or services, if such contract is to be performed at any facility at which the violation which gave rise to the conviction occurred and if such facility is owned, leased, or supervised by such person or affiliate. Continues such prohibition until the Administrator of the Environmental Protection Agency certifies that the condition giving rise to such conviction has been corrected. Requires the President to issue an order: (1) requiring each Federal agency authorized to enter into contracts and each Federal agency empowered to extend Federal assistance by way of grant, loan, or contract to implement such prohibition in such contracting or assistance activities; and (2) setting forth procedures, sanctions, penalties, and such other provisions as the President deems necessary to carry out the requirements of such order. Permits exemptions as specified. Directs the President to report annually to the Congress on the implementation of such prohibition. Prohibits any department, agency, or instrumentality of the United States from: (1) paying any amount of a fine or penalty, or a payment under a settlement agreement, for a violation or alleged violation of such Act imposed on or agreed to be paid by any person other than the United States or an officer or employee of the United States; (2) providing counsel for any such person; or (3) providing funding for such counsel unless such person prevails or substantially prevails in the proceeding. Makes such prohibitions inapplicable to any person carrying out a contract with the United States for the operation of any U.S.-owned facility if: (1) the person notified the United States of the specific conditions which gave rise to the violation or alleged violation as soon as such person knew, or reasonably should have known, of such conditions; (2) the person could not correct the violation or alleged violation without the authorization of, or funding from, the United States; and (3) the United States has failed to provide such authorization or funding.
United States · United States Congress · 6 June 1989
Comprehensive Hazardous Materials Transportation Safety Act of 1989 - Amends the Hazardous Materials Transportation Act (the Act) to require the Secretary of Transportation to issue regulations for the safe transportation of hazardous materials in intrastate, interstate, and foreign commerce. Preempts State law with respect to: (1) classification and packaging of hazardous materials; (2) preparation of shipping documents; (3) notification of the unintentional release of such materials in transportation; (4) highway routing; and (5) the design and testing of packaging used in the transportation of such materials. Directs the Secretary to issue standards, including specified requirements, for the designation of highway routes for the transportation of hazardous materials by motor carriers. Requires each person who owns or operates public warehouses or terminals that store hazardous materials under active shipping papers to submit to the Secretary a registration statement containing specified information. Sets forth certain exemptions from this requirement. Requires the Secretary to collect an annual fee from each person required to submit a registration statement. Sets forth a civil penalty for persons who fail to pay such fee. Limits to no more than five percent of fee collections any proceeds available for administrative costs. Directs the Secretary to issue standards for the training to be given by all persons (or employers) causing the transport, or transporting, hazardous materials. Requires such persons to provide training meeting such standards. Prohibits any motor carrier or motor private carrier from transporting class A or B explosives, liquified petroleum or liquified natural gas, or hazardous material designated extremely toxic by inhalation, or any highway route controlled quantity of radioactive materials, unless such carrier possesses a valid safety permit authorizing it to transport such materials. Provides for issuance, suspension, and revocation of such permits. Repeals the publication requirement for renewal of exemptions from regulations governing the transportation of hazardous materials. Revises the definition of "radioactive materials" to exclude material which the Secretary determines is of such low order of radioactivity that when transported it does not pose a significant hazard to health or safety. Directs the Secretary to conduct a continuing review of all aspects of the transportation of hazardous materials and take appropriate steps to assure the safe transportation of such materials. (Currently, the Secretary is required only to recommend such steps.) Sets forth a civil penalty of not less than $250 in the case of an employee, or $1,000 in the case of all other persons, for violations committed under this Act. Preempts State requirements with requirements established under such Act if: (1) compliance with both State requirement and any requirement of the Act is not possible; (2) the State requirement as enforced creates an obstacle to the execution of a requirement under this Act; or (3) such State requirement regulates a subject preempted under such Act. Provides for waiver of preemption by the Secretary. Allows a person who is adversely affected by a decision to preempt or waive preemption to petition for judicial review with the appropriate U.S. district court. Directs the Secretary to issue a final rule prohibiting any motor carrier with an unsatisfactory safety rating from operating certain commercial motor vehicles, including vehicles transporting hazardous materials, until such carrier receives a conditional or satisfactory rating. Requires the Secretary to make grants to State, local, and regional governmental entities to improve planning for responding to emergencies involving transportation of hazardous materials and for training emergency personnel. Requires a grant applicant to submit to the Secretary a plan describing and justifying the activities to be carried out. Specifies the uses for such grants. Sets forth training requirements. Requires the Secretary to submit to the Congress a report that discusses, analyses, and provides recommendations with respect to hazardous materials transportation safety. Requires the Secretary, in cooperation with the Director of the Federal Emergency Management Agency and the Administrator of the Environmental Protection Agency, to assist State, local, and regional governments to improve emergency responses to accidents involving the transportation of hazardous materials. Directs the Secretary to issue regulations establishing similar emergency and accident response procedures for rail carriers. Directs the Federal Railroad Administration to hire one professional engineer to specialize in the development of improved tank car specifications, inspections, and regulations. Directs the Secretary to establish procedures for providing copies of enforcement actions against regulation violators to State or local government officials. Requires the Secretary to employ additional safety inspectors for the Federal Railroad Administration, the Federal Highway Administration, and the Research and Special Programs Administration to assist in inspections focusing on the transportation of hazardous materials.
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 · 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 · 18 May 1989
International Plutonium Control Act - Urges the President to seek negotiations with the Soviet Union on a verifiable agreement to end the production by both countries of plutonium and highly enriched uranium for weapons purposes. Expresses the sense of the Congress that the United States and the Soviet Union should: (1) establish verification arrangements to monitor the cessation of activities under this Act, including mutual inspections of production reactors, chemical separation and uranium enrichment facilities, and isotope separation plants; (2) furnish the equipment and personnel to implement safeguards at civilian nuclear facilities and consider transferring the safeguards mission to the International Atomic Energy Agency; and (3) consider increasing their respective contributions to the Agency to fund the assignment of fully trained inspectors to each country to assume additional safeguards responsibilities at civilian nuclear facilities. Urges the President to seek agreement with the Soviet Union that the United States and the Soviet Union will: (1) exchange information on the location, mission, and maximum annual capacity of their facilities essential to the production of tritium for stockpile replenishment; and (2) provide to each other a complete inventory of facilities dedicated to the production of plutonium and uranium for weapons purposes. Prohibits funds from being obligated or expended by the United States to operate facilities dedicated to the production of plutonium for weapons purposes unless the President certifies to the Congress that: (1) the Soviet Union has refused to enter in good faith into the negotiations; (2) the United States is unable to determine that Soviet facilities producing plutonium have ceased operation; or (3) the Soviet Union is continuing to obtain plutonium by operating civilian chemical separation plants that are not under bilateral U.S.-Soviet safeguards.
United States · United States Congress · 16 May 1989
Amends the Internal Revenue Code to allow farmers' cooperatives to elect to treat as ordinary income or loss certain capital gains and losses from the disposition of assets used in conducting business with or for patrons.
United States · United States Congress · 16 May 1989
Amends specified Federal law providing support for the Civic Achievement Award Program in Honor of the Speaker of the House of Representatives to authorize appropriations to the Librarian of Congress to disburse funds to the Close Up Foundation for such program for FY 1990 and 1991. Changes from optional to mandatory for such program (which is for students in the fifth through eighth grades) such program elements as individual and group projects, mastery of academic skills, development of library skills, and community service. Grants individual, class, and school awards for program participation. (Currently, awards may be given only for satisfying specified standards.)
United States · United States Congress · 16 May 1989
Expresses the sense of the Congress that: (1) the Exxon Company must dedicate necessary resources and pay all required expenses to compensate affected parties, mitigate impacts, and complete cleanup by September 15, 1989, of Prince William Sound and other Alaska lands and waters damaged by the Exxon Valdez oil spill; and (2) the scope and thoroughness of the cleanup shall be determined by the U.S. Coast Guard to achieve maximum benefit of fish and wildlife habitat and the Alaska environment.
United States · United States Congress · 11 May 1989
Rural Medical Assistance Facilities Act of 1989 - Directs the Administrator of the Health Care Financing Administration to make ten to 15 four-year grants to no more than six States covering 90 percent of the costs of transforming a rural hospital into a medical assistance facility. Amends the Omnibus Budget Reconciliation Act of 1987 to use funds authorized for the rural health care transition grant program for rural hospital transformation grants. Amends title XVIII (Medicare) of the Social Security Act to cover services provided by medical assistance facilities. Requires that such facilities: (1) be located in rural areas at least 30 miles from a hospital; (2) provide emergency care, stabilization care, and basic inpatient care for stays not exceeding four days; (3) provide ambulatory care in accordance with standards to be established by the Secretary; (4) receive quality assurance and utilization review services; (5) agree to participate in the Medicaid program (title XIX of the Act); and (6) have transfer and discharge planning agreements with referral hospitals. Authorizes such facilities to provide obstetric services and outpatient surgical care pursuant to protocols to be established by the Secretary. Makes Medicare rural hospital staffing requirements applicable to medical assistance facilities, but authorizes facility care to be provided by nurse practitioners or physician assistants pursuant to protocols developed by the Secretary so that such facilities have flexibility in meeting physician "on call" requirements. Exempts such facilities from hospital 24-hour service requirements. Authorizes the Secretary to develop a methodology for reimbursing medical assistance facilities which differs from that used in reimbursing hospitals. Amends the Medicaid program to cover services provided by medical assistance facilities. Sets forth reporting requirements.
United States · United States Congress · 10 May 1989
Expresses the sense of the Congress that: (1) India should schedule negotiations with Nepal as soon as possible to resolve the problems which led to the closing by India of the Nepalese-Indian border, immediately open such border, and resume the sale of Indian-refined petroleum products in Nepal; and (2) the Secretary of State should continue to monitor the dispute and provide regular briefings to the Congress on the effect of the dispute on U.S. interests in Nepal and the Indian subcontinent.
United States · United States Congress · 4 May 1989
Equity in Interstate Competition Act of 1989 - Empowers any State and the District of Columbia to require a person to collect a State sales tax imposed with respect to the sale of tangible personal property if: (1) the destination of sale is in such State; and (2) the person engages in regular or systematic soliciting of sales there and has, within a specified one-year period, gross receipts from the sale of such property that exceed either $500,000 within the State or $12,500,000 nationally. Lists requirements that will qualify certain local sales taxes for treatment as State sales taxes. Restricts the authority of a State with respect to accounting and reporting requirements applied to those collecting and paying State sales tax. Applies State law to those collecting the taxes.
![Official portrait of Rep. Synar, Mike [D-OK-2]](https://www.congress.gov/img/member/s001139_200.jpg)