United States · United States Congress · 12 July 1989
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to provide a lump sum payment of $100,000 (adjusted to reflect the annual percentage change in the Consumer Price Index) to public safety officers (law enforcement officers and fire fighters) who become permanently and totally disabled as a result of a catastrophic injury sustained in the line of duty. Prohibits the payment of both a lump sum disability payment and a lump sum death benefit.
United States · United States Congress · 12 July 1989
Requests: (1) the Soviet Union to release the prison records of Raoul Wallenberg and account for his whereabouts; and (2) the President to pursue such release and accounting through diplomatic actions with the Soviet Union.
United States · United States Congress · 11 July 1989
Battery Recycling and Research Act of 1989 - Amends the Solid Waste Disposal Act to prohibit the disposal of used lead-acid batteries except through recycling as specified under this Act. Requires any individual, retail or wholesale seller, or manufacturer of such batteries to dispose of batteries only by delivery to an authorized secondary lead smelter, an authorized collection or recycling facility, or other specified entities. Sets penalties for violations of this Act. Establishes additional battery collection requirements, including requirements that: (1) retailers give written notice to customers about the illegality of improperly discarding used motor vehicle, and other types of, lead-acid batteries; and (2) retailers, wholesalers, and manufacturers accept such batteries for recycling without charge. Authorizes the Administrator of the Environmental Protection Agency to: (1) prescribe regulations, including a model notice for use by retailers; and (2) inspect any establishment subject to this Act and issue warnings and citations to individuals for failures to comply. Prohibits the sale of any lead-acid battery not bearing a permanent label containing information about the illegality of improper disposal and the requirement that retailers must accept used lead-acid batteries for recycling in exchange for new batteries purchased. Directs the Administrator to study and report to the Congress on the disposal and potential recyclability of household dry-cell batteries.
United States · United States Congress · 11 July 1989
Excludes from the excess earnings test under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act an individual's wages for up to six months of temporary employment with the Bureau of the Census relating to the 1990 census.
United States · United States Congress · 11 July 1989
Naturalized Citizens United States Flag Distribution Act - Directs the Commissioner of Immigration and Naturalization to provide for the distribution of a U.S. flag to each individual who is naturalized as a citizen of the United States. Authorizes appropriations.
United States · United States Congress · 11 July 1989
Excludes wages paid for six months of employment with the Bureau of the Census in connection with the 1990 census from annual income for purposes of determining eligibility for various veterans' benefits. Excludes from such income only wages paid for the first six months of such employment.
United States · United States Congress · 29 June 1989
Directs the American Battle Monuments Commission to establish a memorial on Federal land in the District of Columbia or its immediate area to honor World War II veterans and to commemorate U.S. participation in that conflict. Directs the Commission to plan, design, construct, and oversee the operation of the memorial. Specifies that such design shall provide for accessibility by, and accommodations for, the physically handicapped. Establishes the World War II Memorial Advisory Board to: (1) promote the establishment of the memorial and encourage the donation of private funds for construction maintenance; (2) assist and cooperate with the Commission in the selection of the site and design for the memorial; and (3) transmit annual reports on its activities to the Congress. Authorizes the Commission to solicit private contributions for such memorial. Establishes a fund in the Treasury which shall be made available to the Commission to carry out this Act. Authorizes Federal funding, in addition to such private funds, for site preparation, design, planning, establishment, construction, maintenance, and operation of the memorial. Authorizes assistance from specified Federal departments and agencies, including the Library of Congress. Authorizes Federal property to be transferred to the Commission. Authorizes the Commission to purchase suitable property within the District of Columbia for the establishment of such memorial. Urges the Government to encourage 50th anniversary commemorations of the U.S. role in World War II. Urges the Smithsonian Institution and other Federal museums to develop commemorative exhibitions to be shared with academic institutions.
United States · United States Congress · 29 June 1989
Directs the Administrator of the U.S. Fire Administration to review existing response information used by emergency response personnel at the State and local levels to evaluate its accuracy, consistency, and clarity. Specifies that such information should clearly communicate to such personnel the probable hazards in an emergency situation involving hazardous materials and the appropriate response to such hazards. Directs the Administrator to establish a working group to develop and disseminate hazardous materials identification, response, and incident data. Requires such working group to submit a report to the Administrator, along with recommendations to ensure that response information disseminated to emergency response personnel is appropriate for operational personnel at the local level. Requires the working group to meet at least once a year to review and recommend changes to the report.
United States · United States Congress · 29 June 1989
Equity for Election Judges' Compensation Act of 1989 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to permit a State to exclude from coverage service performed by election officials or election workers if the remuneration paid for such service is less than: (1) $300 in a calendar year; or (2) $100 in a calendar quarter.
United States · United States Congress · 28 June 1989
Amends the Trade Act of 1974 to require the President to suspend the designation as an eligible article for duty-free treatment under the Generalized System of Preferences of wood products from a beneficiary country unless such country, during each year: (1) commences a reforestation program for the equivalent forest area for such country; and (2) continues or completes such reforestation program begun in any previous year. Directs the Secretary of Agriculture (Secretary) to: (1) determine those beneficiary countries that comply with such requirement; and (2) advise the President of those countries that do not. Sets forth an exception to such suspension. Authorizes any person to commence a civil suit in district court against the Secretary if he or she fails to perform any act or duty which is not discretionary under this section. Directs the United States Trade Representative to use the Uruguay Round of Multilateral Trade Negotiations to promote reforestation in developing countries.
United States · United States Congress · 28 June 1989
Alzheimer's Disease Research and Training Act of 1989 - Authorizes appropriations, in addition to amounts otherwise authorized for FY 1990, to conduct biomedical research relating to Alzheimer's disease in order to increase, by at least 50 percent, the number of approved investigator-initiated grant proposals funded in accordance with the recommendations of the Advisory Panel on Alzheimer's Disease. Directs the Secretary of Health and Human Services, from amounts appropriated under this authorization, to provide specified minimum amounts: (1) to the Alzheimer's Disease Research Centers (ADRC) for specified activities and facilities; (2) to the National Institute on Aging (NIA); and (3) for the purpose of expanding construction on the ADRC. Requires that at least 70 percent of the funds appropriated be administered by the National Institute on Aging and at least 15 percent by the National Institute of Mental Health (NIMH) and the National Institute of Neurological Disorders and Stroke. Requires research activities conducted with the funds to be coordinated by the Alzheimer's Disease Coordinating Committee of the National Institutes of Health and the Council on Alzheimer's Disease. Authorizes appropriations for each fiscal year to be used by the Secretary to conduct research and prepare evaluations on Alzheimer's disease services, psychosocial issues, and behavioral management methods. Requires that, of the amounts appropriated under this authorization, specified sums be made available to: (1) establish not more than ten Health Services Research Centers on Alzheimer's Disease to work in conjunction with the ADRC; and (2) carry out the Alzheimer's Disease and Related Dementias Service Research Act, to be used by the NIA, the NIMH, the National Center for Health Services Research and Health Care Technology Assessment, and the Health Care Financing Administration. Authorizes appropriations for FY 1990 through 1992 to establish Centers for Health Services Research on Alzheimer's Disease and Related Dementias. Requires research that receives assistance to be coordinated through the ADRCs in existence on the date of enactment of this Act. Specifies the types of research to be conducted. Authorizes appropriations for FY 1990 to be used by the Secretary of Health and Human Services for training professionals, paraprofessionals, and support personnel responsible for the care of, or working with, patients with Alzheimer's disease and related dementias.
United States · United States Congress · 28 June 1989
Designates October 29, 1989, as Fire Safety at Home Day: Change Your Clock, Change Your Battery. Directs the President to issue a proclamation to urge people to change the batteries in their smoke detectors when they reset their clocks from daylight savings time.
United States · United States Congress · 28 June 1989
Declares it is U.S. policy to provide a national air transportation system which: (1) enhances the general welfare and security of the United States; and (2) is free of regulations which unreasonably burden or restrict the right of citizens to travel by air. Requires the President to submit to the Congress a plan for a new comprehensive national aviation policy.
United States · United States Congress · 27 June 1989
Christopher Columbus Coin and Fellowship Act - Title I: Christopher Columbus Quincentenary Coins - Christopher Columbus Quincentenary Coin Act - Directs the Secretary of the Treasury to mint and issue not more than a specified number of five dollar gold coins, one dollar silver coins, and half dollar clad coins emblematic of the quincentary of the discovery of America. Sets forth certain features of such coins and provides for their design, issuance, and sale. Terminates the minting of such coins after June 30, 1993. Requires the Secretary to deposit surcharges from the sale of such coins in the Christopher Columbus Fellowship Fund for use by the Christopher Columbus Fellowship Foundation. Declares that no law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out this Act, except that this provision shall not relieve any person from complying with any law relating to equal employment opportunity. Title II: Christopher Columbus Fellowship Foundation - Christopher Columbus Fellowship Act - Establishes the Christopher Columbus Fellowship Foundation to award fellowships to outstanding individuals to encourage new discoveries in all fields of endeavor for the benefit of mankind. Establishes the Christopher Columbus Fellowship Fund. Directs the Foundation to report to the President and to the Congress annually on its operations.
United States · United States Congress · 27 June 1989
United Services Organization's 50th Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than a specified number of five dollar gold coins, one dollar silver coins, and half dollar clad coins to commemorate the 50th anniversary of the United Services Organization (USO). Requires such coins to be emblematic of USO Services to military service personnel and families. Sets forth certain features of such coins and provides for their design, issuance, and sale. Terminates the minting of such coins after February 4, 1991. Requires surcharges from the sale of such coins to be deposited in a coinage profit fund and used for USO programs and to reduce the national debt. Directs the Secretary to report to the Congress semiannually through December 31, 1992, on activities under this Act.
United States · United States Congress · 27 June 1989
Labor Shortage Reduction Act of 1989 - Amends the Job Training Partnership Act to direct the Secretary of Labor to: (1) develop a methodology to use available data bases to annually identify national labor shortages; (2) as part of such identification, develop information on specified topics; (3) within 18 months and annually thereafter, publish a list of national labor shortages; (4) distribute such list and related information to specified parties and agencies, through various means such as the Interstate Job Bank; (5) conduct research and develop data bases to improve the accuracy of the methodology and make recommendations to identify regional, State, and local labor shortages; (6) report annually to the Congress on such research and development; and (7) submit an annual plan to the Congress, specifying actions to be taken by the Secretary and recommending action for other parties. Authorizes appropriations.
United States · United States Congress · 27 June 1989
Constitutional Amendment - Declares that the Congress and the States shall have power to prohibit the act of desecration of the U.S. flag and to set criminal penalties for that act.
United States · United States Congress · 27 June 1989
Expresses the sense of the House of Representatives that individuals throughout the United States should observe Independence Day, July 4, 1989, as Take Pride in the Flag Day to celebrate the 213th anniversary of the signing of the Declaration of Independence and the 201st anniversary of the ratification of the U.S. Constitution.
United States · United States Congress · 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
Treats Hong Kong as a separate foreign state rather than a colony or dependent area for U.S. immigration purposes, beginning in FY 1990 (thereby increasing the number of visas chargeable to Hong Kong).
United States · United States Congress · 21 June 1989
Stratospheric Ozone Protection Act of 1989 - Amends the Clean Air Act to list as class I and II substances which are known or may reasonably be anticipated to contribute to stratospheric ozone depletion. Authorizes any person to petition the Administrator of the Environmental Protection Agency (EPA) to add a chemical to such lists. Requires the Administrator to: (1) add to the class I list any substance having an ozone depletion potential greater than .15; (2) add to the class II list any substance having a significant ozone depletion potential; and (3) assign each listed substance a numerical ozone depletion potential factor, based upon a comparison with chlorofluorocarbon-11. Directs producers and importers of such substances to report annually to the Administrator on the production or import levels of such substances. Makes it unlawful to produce such substances in an amount greater than 1986 levels effective 180 days after enactment of this Act. Requires a further reduction by July 1, 1993, and makes it unlawful, effective July 1, 1996, to produce such substances for other than medical purposes. Authorizes the Administrator to promulgate rules under which persons may produce such substances in annual quantities greater than those specified under this Act if such persons obtain the rights to such production from other persons who will be subject to enforceable reductions in such substances which: (1) exceed the reduction otherwise required; (2) are greater than the annual production increase; and (3) would not have occurred in the absence of such transaction. Makes it unlawful to produce any listed substance which yields an ozone depletion potential greater than the 1986 depletion level. Requires the Administrator to promulgate regulations requiring a 95 percent reduction in ozone depletion potential of such substances by 1997. Provides that if the Administrator fails to promulgate such regulations, it shall be unlawful, effective July 1, 1997, to produce such substances in annual quantities yielding ozone depletion potentials greater than five percent of the 1986 depletion level. Directs the Administrator to promulgate regulations requiring producers of such substances to reduce production more rapidly if the accelerated schedule is necessary to protect human health and the environment or if the reduction is attainable, based on the availability of substitutes for such substances. Prohibits the importation of such substances or products using such substances, unless the exporting nation has an equivalent or more stringent production reduction program. Requires the Administrator to certify national programs, such certification to be reviewed annually. Equates imports with production when determining a manufacturer's required reductions. Directs the President to prohibit: (1) the export of technologies to produce class I substances; and (2) investment in facilities for producing such substances in nations which are not certified. Requires the Administrator to: (1) review sources containing information on potential chemicals or product substitutes and alternative manufacturing processes as replacements for class I substances; (2) report such findings to the Congress; (3) require producers to provide the EPA with their unpublished health and safety studies on chemical substitutes for such substances and notify the EPA before existing chemicals are put to significant new uses as chlorofluorocarbon and halon substitutes; and (4) annually update such review and, two years after this Act's enactment, include class II substances in such review. Directs the Administrator to promulgate rules applicable to replacements for such substances to require that processes and products that reduce overall risks to public health and the environment are used. Requires the Administrator to publish a list of prohibited substitutes and safe alternatives. Authorizes any person to petition the Administrator to add or remove a substance from such list. Makes it unlawful, after 1992, to manufacture or import any household or commercial appliance containing such substances unless such appliances have apertures that allow the removal of such substances without loss into the atmosphere. Prohibits, after 1990, the introduction of such substances into interstate commerce in pressurized containers weighing less than 15 pounds. Requires the Administrator to promulgate regulations requiring the maximum feasible reductions in the use of class I substances, including measures to: (1) recover and recycle such substances in manufacturing processes and prior to disposal of products containing such substances; (2) increase the efficiency of the use of such substances; (3) provide for the use of safe alternatives; (4) achieve reductions of at least 50 percent in the use of class I substances for servicing and repairs of household and commercial appliances and in the manufacture of products in which such substances are used as solvents or blowing agents; and (5) achieve reductions, without reduced fire safety, in releases associated with discharges of such substances from fire prevention or extinguishing equipment. Prohibits business establishments from performing services on motor vehicle air conditioners involving refrigerants, unless approved refrigerant recycling equipment is used and persons performing such services have been properly trained and certified. Applies such requirement three years after this Act's enactment to establishments which performed service on fewer than 100 air conditioners during 1990. Requires such establishments to certify to the Administrator that they meet such requirements or serviced fewer than 100 air conditioners during 1990. Requires containers of listed substances to bear labels stating that such substances harm public health and the environment by destroying the ozone layer and disrupting the climate.
United States · United States Congress · 21 June 1989
Emergency Chinese Adjustment of Status Facilitation Act of 1989 - Waives the two-year home country residence requirement for nationals of the People's Republic of China in the United States on a student (J) visa. Continues the legal status of nonimmigrant nationals of the People's Republic of China in the United States for adjustment or change of status purposes.
United States · United States Congress · 21 June 1989
Fair Labor Standards Amendments of 1989 - Amends the Fair Labor Standards Act of 1938 (the Act) to increase the minimum wage per hour from $3.35 in 1989 to: (1) $3.80 in FY 1990; and (2) $4.25 in FY 1991 and thereafter. Provides for annual adjustments of the minimum wage. Directs the Minimum Wage Review Board (established by this Act), by January 1, 1991, to review current economic data on wages, prices, and other economic indicators and determine how the minimum wage rate should be adjusted. Directs the Board, by October 1, 1991, to transmit to the Congress a recommendation to adjust the rate, including an estimate of the economic effects of doing so. Directs the Board to conduct such reviews and transmit such recommendations annually. Establishes the Minimum Wage Review Board, composed of five members appointed by certain congressional officers. Increases the small business exemption by revising the definition of an enterprise engaged in commerce for purposes of coverage under the Act ("the enterprise test"). Exempts from such coverage those businesses whose annual gross volume of sales or business is less than $500,000 (currently $362,500), effective October 1, 1989. Requires employers who were covered in 1988, but who are exempt under the new threshold, to continue to pay the $3.35 per hour minimum wage (and continue to be covered by overtime and child labor provisions of the Act). Removes the Virgin Islands from coverage by provisions for special industry committee minimum wage determinations and orders, including those involving employment under special certificates for learners, apprentices, and messengers and for students. Adds references to American Samoa under such provisions (American Samoa is currently covered by such provisions through references under other special minimum wage provisions). Removes references to Puerto Rico under such provisions, but continues and revises the special minimum wage treatment of Puerto Rico as follows: (1) in addition to designated types of employees (Federal, hotel, motel, restaurant, and food service) entitled to receive the full Federal minimum wage, employees in industries averaging $4.65 or more per hour would be so entitled; (2) employees in industries averaging from $4.00 to $4.64 per hour would receive the full rate by October 1, 1993, after a four-year period of gradual increases; (3) employees in industries averaging less than $4.00 per hour would receive the full rate by October 1, 1994, after a five-year period of gradual increases; and (4) employees of the Commonwealth of Puerto Rico, or a municipality or other governmental entity of the Commonwealth, in categories averaging less than $4.00 per hour and covered by 1985 amendments to the Act, would receive the full rate by October 1, 1995, after a six-year period of gradual increases. Increases the tip credit under the Act from 40 percent to 45 percent for FY 1990 and to 50 percent for FY 1991 and thereafter. (The tip credit deems the amount paid to a tipped employee, for minimum wage purposes, to be increased by an amount determined by the employer, but not by an amount in excess of the specified percentage of the applicable minimum wage rate.) Allows employers to pay a training wage at less than the minimum wage rate. Allows such training wage to be paid only: (1) until the employee has been employed a cumulative total of 60 days by all employers who are required to withhold payroll taxes for such employee; and (2) while such eligible employee is engaged in on-the-job training which is at least 30 days in duration. Prohibits payment of such training wage to migrant or seasonal agricultural workers or nonimmigrant aliens. Makes the individual responsible for providing proof of previous periods of employment with other employers. Allows such training wage to be paid only during the period from October 1, 1989, to September 30, 1991. Sets such training wage at: (1) not less than $3.35 per hour during the year beginning October 1, 1989; and (2) beginning October 1, 1990, not less than $3.35 per hour or 85 percent of the minimum wage, whichever is greater. Prohibits layoffs or termination of employment or reduction of the number of regular employees because of the training wage. Prohibits employee hours at the training wage during any month from exceeding one-fourth of all employee hours in the establishment. Sets forth notice requirements and enforcement provisions. Directs the Secretary of Labor (the Secretary) to report to the Congress by July 1, 1992, on the effectiveness of the training wage. Exempts from overtime provisions of the Act up to ten hours in any workweek if during such time the employee is receiving certain remedial education. Expresses the sense of the Senate that the rights and protections of the Act should apply to employees of the Senate or any office thereof. Directs the Senate Committee on Rules and Administration, within 180 days after the first minimum wage increase under this Act, to report a resolution which applies such rights and protection to Senate employees and establishes the scope of such coverage and remedies, enforcement, and other necessary procedures. Applies the rights and protections under the Act to any employee: (1) in an employment position in, and any employing authority of, the House of Representatives, using remedies and procedures under the Fair Employment Practices Resolution; or (2) employed under the Architect of the Capitol. Adds civil penalties for repeated or willful violations of specified provisions of the Act. Directs the Secretary, within 90 days, to promulgate regulations that interpret a specified professional exemption from overtime provisions under the Act to include computer systems analysts, software engineers, and other similarly skilled professional workers, even if such employees are compensated on an hourly basis, as long as they are compensated at an hourly rate at least six and one-half times greater than the minimum. Directs the Minimum Wage Review Board to contract with the Secretary to provide for the Bureau of Labor Statistics to conduct: (1) a study of the impact of increasing the Federal minimum wage on rural areas and high unemployment areas; and (2) specified surveys and research on the characteristics of minimum wage employment and the impact of modification of the scope of coverage and minimum wage levels under the Act. Directs the Board to submit to specified congressional committees the results of such studies and surveys, which are to be completed by specified deadlines.
United States · United States Congress · 21 June 1989
Forest Users' Protection Act of 1989 - Amends the Federal criminal code to provide criminal penalties for cutting, spiking, injuring, or destroying any tree on land owned or held in trust by the Government. Provides increased penalties for subsequent violations or when a personal injury or property damage exceeding $500 results. Directs the Secretary of the Treasury to pay a reward to any individual who provides information which leads to the finding of a civil violation or a criminal conviction under this Act.
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 · 20 June 1989
Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to delay from January 1, 1990, to January 1, 1991, the requirement that before a nursing facility uses a nurse aide for over four months such aide must complete a State-approved training and/or competency evaluation program.
United States · United States Congress · 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 · 20 June 1989
Expresses the sense of the House of Representatives that the President should: (1) instruct the U.S. Executive Directors of the International Bank for Reconstruction and Development and the Asian Development Bank to oppose the making of any loan, or the extension of any financial or technical assistance, to the People's Republic of China; and (2) consider China to be engaged in a consistent pattern of gross violations of internationally recognized human rights for purposes of the International Financial Institutions Act until the President determines that the repression and reprisals against persons in connection with the prodemocracy demonstrations have ended.
United States · United States Congress · 19 June 1989
Food Contamination Prevention Act - Amends the Hazardous Materials Transportation Act to direct the Secretary of Transportation to promulgate regulations to prohibit the transportation in commerce of hazardous materials or solid waste in any motor vehicle which is also used to transport any food, food additive, drug, cosmetic, or device, or any package containing such items.
United States · United States Congress · 15 June 1989
Drug Utilization Review Act of 1989 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to require the establishment of a Drug Utilization Review System (System) providing participating pharmacies, pharmacists, and dispensing physicians with prompt 24-hour electronic access to a medication profile for each Medicare beneficiary for whom they prescribe a covered outpatient drug. Requires that such system identify potential adverse drug reactions that may result from: (1) the interaction of the prescribed drug with other drugs being used by the beneficiary and with a known allergy, physical condition or illness presented by the beneficiary; and (2) misuse of the prescribed drug. Requires that participating pharmacies, pharmacists and dispensing physicians having access to the System agree that: (1) no beneficiary will be required to disclose medication profile information as a condition of receiving benefits; (2) the beneficiary's medication profile will not be accessed without the beneficiary's specific and voluntary authorization; (3) data acquired will not be disclosed to anyone other than the beneficiary, except when consultations between those involved in the beneficiary's health care are medically necessary; and (4) each beneficiary shall receive written notice of such requirements. Penalizes, by fine and/or imprisonment, those guilty of the unauthorized disclosure of medication profile information. Authorizes appropriations. Directs the Secretary of Health and Human Services to conduct a study and report to the Congress by October 1, 1992, on the efficacy of expanding the System to include all Medicare-eligible outpatients who are inpatients and information on over-the-counter drugs and biologicals.
United States · United States Congress · 15 June 1989
Home Ownership Plan Encouragement Act - Amends the Internal Revenue Code to allow individuals a tax deduction for amounts paid to a home ownership plan for the purchase of a first home. Limits the duration of such deduction to five years. Provides for the imposition of an excise tax on excess contributions to such plan. Requires a penalty payment for failure to provide timely reports on such plan.
United States · United States Congress · 14 June 1989
Title I: General Provisions - Coastal Defense Initiative of 1989 - Sets forth congressional findings and definitions. Title II: Coastal Water Quality - Directs the Administrator of the Environmental Protection Agency to promulgate numeric water quality standards for pollutants for which certain information has been published under the Clean Water Act. Requires such criteria to ensure the protection of public health and wildlife habitats, the propagation of a balanced, indigenous population of fish, shellfish, and wildlife, and recreation in and on coastal waters. Provides for the promulgation of additional criteria for pollutants which contribute to the degradation of coastal water quality. Provides that State criteria that are more protective of human health or the environment shall take precedence over national criteria. Authorizes Governors of coastal States to petition the Administrator to establish less stringent criteria if demonstrated that such criteria will achieve the designated uses of the water body and are justified because of the physical, chemical, or biological characteristics of such water. Requires the Administrator to grant such petitions if the proposed criteria will achieve the same level of protection as the national criteria. Authorizes any person to petition the Administrator to develop criteria for a pollutant. Directs the Administrator to develop and publish criteria and information on: (1) sediment quality for coastal waters; (2) marine and estuarine biological integrity; and (3) such other indices determined to complement the criteria published under the Clean Water Act. Requires Governors of coastal States to identify coastal waters: (1) for which applicable water quality standards cannot reasonably be anticipated to be achieved or maintained; and (2) which are currently achieving such standards but are threatened by foreseeable increases in pollution loadings from new or expanding sources. Directs such Governors, acting through State water pollution control authorities, to develop individual control strategies to: (1) identify the principal sources of pollutants from point and nonpoint sources; (2) establish the total maximum daily load of pollutants determined to contribute to the failure of waters to achieve or maintain water quality standards; (3) allocate among such sources the necessary reductions in loadings to achieve and maintain such standards and provide an implementation schedule for achieving such reductions; and (4) provide for a system for allocating and exchanging discharge credits and pollution offsets. Requires such control strategies to be submitted triennially to the Administrator for approval. Directs Governors to certify that permit renewals for point sources and land use activities in coastal zones are consistent with strategy requirements. Requires Governors of coastal States or the Administrator to designate outstanding coastal resource waters with particular ecological, recreational, or esthetic value, taking into account fisheries and shellfish resources, habitat, and recreational uses. Provides for petitioning and appeals of such designations. Directs such Governors to revise the continuing planning process to ensure that water quality and ecological integrity of State coastal waters will be maintained and protected. Amends the Clean Water Act to prohibit the issuance or renewal of permits for discharges into certain estuaries, outstanding resource waters designated under this Act, the territorial sea, or the exclusive economic zone unless the Administrator or a State determines that: (1) the need for the discharge and the lack of reasonable alternatives; and (2) that the discharge will not inhibit the protection of public health and wildlife habitat, the propagation of a balanced, indigenous population of fish, shellfish, and wildlife, or recreation in and on the water. Authorizes State Governors to request the Secretary of the department in which the Coast Guard is operating to enter into a cooperative agreement to permit a State or its political subdivision to enforce requirements for marine sanitation devices. Requires such agreements to authorize States or political subdivisions to assess and retain required penalties. Increase the amount of appropriations authorized to be appropriated for the National Estuary Program. Title III: Coastal Management - Amends the Coastal Zone Management Act of 1972 to require State agencies designated to carry out approved coastal zone management plans to submit coastal water quality protection plans to the Secretary of Commerce for approval. Sets forth provisions for plan approval and resubmission of disapproved plans. Limits Federal assistance to States that fail to submit plans. Authorizes the Secretary to approve plans that: (1) identify major land uses which may cause or contribute significantly to violations of marine water quality standards or impair existing uses of such waters; (2) establish and periodically revise model ordinances and regulations for use by State and local authorities for encouraging best land use management practices for preventing or reducing coastal water pollution; (3) encourage and assist local governments in implementing such ordinances; (4) contain enforceable review and certification policies; (5) establish a schedule of pollution reduction goals; (6) improve coordination between State and local agencies and officials for land use planning and permitting, water quality permitting and enforcement, and public health and safety; and (7) modify State boundaries as necessary to manage such activities. Applies such plans to coastal areas in which marine water quality standards are not being achieved, or are being met but are identified as threatened. Requires the Under Secretary for Oceans and Atmosphere to provide technical assistance to States and local governments in developing and implementing such plans. Directs the Administrator to review the inland coastal zone boundary of each State program to evaluate whether such boundary extends inland to the extent necessary to control land and water uses having a significant impact on State coastal waters. Requires the Administrator to recommend appropriate boundary modifications to the Secretary and the State if such modifications are necessary to manage better land and water uses and to protect water quality. Directs the Secretary, to promote coordination between the National Estuary Program and the Coastal Zone Management Program, to issue regulations governing the incorporation of Comprehensive Conservation and Management Plans under the Clean Water Act into State management programs under the Coastal Zone Management Act. Requires State agencies responsible for administering coastal zone management programs to designate representatives for each management conference convened under the Clean Water Act that includes coastal lands and waters. Deems Comprehensive Conservation and Management Plans in compliance with regulations under this title to be approved as components of a State's coastal zone management program. Title IV: National Coastal Monitoring Program - Establishes a National Coastal Environmental Monitoring Task Force. Requires the Task Force to establish uniform protocols to: (1) assess long-term conditions and trends; (2) assist in the development of regulatory programs to restore and protect coastal water quality; and (3) assess the effectiveness of coastal protection programs. Provides for the periodic review of such protocols. Requires the Task Force to authorize regional monitoring teams to develop regional coastal environmental monitoring plans to: (1) identify the current environmental conditions of coastal waters; (2) establish a sound technical basis for coastal environmental management decisionmaking; (3) incorporate standardized methods for sampling, analysis, and data management; (4) make better use of funds available for such monitoring; and (5) involve the public as full participants. Directs the Task Force to publish criteria for selecting coastal regions that may be eligible for the development of regional programs. Requires the Task Force to designate such regions and teams. Sets forth plan requirements and approval and modification procedures. Authorizes the Under Secretary to develop the plan if a regional team fails to do so. Incorporates monitoring requirements into: (1) the Marine Protection, Research, and Sanctuaries Act of 1972; (2) approved State coastal zone management plans; and (3) appropriate discharge permits. Establishes within the National Oceanic and Atmospheric Administration the National Coastal Monitoring Data Center. Requires the Under Secretary to examine existing Federal and State monitoring data management systems and issue guidance for the development of compatible systems. Makes available to the public all data maintained at the Center. Title V: Compliance and Enforcement - Directs the Administrator to provide to Federal agencies a list of persons discharging pollutants into coastal waters who have been found to be: (1) in significant noncompliance with discharge permits issued pursuant to the Clean Water Act; or (2) in violation of requirements established in management programs or conferences pursuant to such Act. Provides for the semiannual revision of such list. Prohibits Federal agencies from contracting with such persons for the procurement of goods, materials, or services if the contract is to be performed at any facility owned, leased, or operated by such persons. Prohibits Federal agencies from approving any project or awarding any grant for an activity that may adversely affect coastal water quality or coastal land and water use to any coastal State found to have: (1) demonstrated a pattern of continuing failure to achieve and maintain applicable marine water quality standards; or (2) failed to implement and enforce an approved comprehensive estuary management plan pursuant to the Clean Water Act. Waives sovereign immunity for purposes of enforcing any requirement of this Act or the Clean Water Act against any Federal agency discharging pollutants into coastal waters. Authorizes the Administrator to commence an administrative enforcement action against any executive department to enforce this Act. Requires Federal agencies which own or operate facilities that discharge into coastal waters (and that would otherwise qualify as major dischargers) to submit to the Administrator plans to carry out environmental audits of such facilities and to correct any incident of noncompliance with requirements of this Act or the Clean Water Act. Provides for biannual audits during the first year of plan implementation and periodically thereafter as determined by the Administrator. Requires industrial facilities found to be in significant noncompliance with a discharge permit to conduct such audits on a quarterly basis until the condition giving rise to the finding has been corrected and the facility is no longer in violation of applicable requirements. Directs major dischargers to provide certifications by environmental auditors prior to renewal of a discharge permit. Requires audits to be conducted by independent auditors unless the Administrator determines that the permittee has an internal auditing program consistent with applicable regulations. Directs the Administrator to: (1) issue regulations on such auditing and guidance for certification procedures; (2) convene a forum of interested professional organizations to identify eligibility requirements for certification and continuing education of such auditors; and (3) publish a list of auditors qualified to meet such guidelines. Permits dischargers, upon the development of a program consistent with such guidelines by a State, to select an auditor from the State list. Requires penalties assessed against dischargers under the Clean Water Act to be no less than an amount that eliminates economic benefit or savings that may have accrued to such person as a result of the violation. Makes a conforming amendment to the Marine Protection, Research, and Sanctuaries Act of 1972. Requires States having coastal waters that do not meet applicable water quality standards to post and maintain signs at each place of public access to such waters indicating the standards such water body does not meet. Deems violations of this Act to be violations of title I of the Marine Protection, Research, and Sanctuaries Act. Title VI: Funding - Establishes the Coastal Defense Fund (Fund). Directs the Administrator and the Under Secretary to make grants from the Fund to coastal States that: (1) establish their own coastal resources protection fund into which such grants will be deposited; (2) agree to deposit into such fund all receipts from coastal effluent charge systems; (3) agree to make grants and other expenditures from such funds; and (4) agree to undertake periodic accounting and reporting procedures. Outlines specific criteria to be considered by the Administrator and the Under Secretary in determining grant amounts. Allocates Fund moneys. Requires the Administrator to establish a National Coastal Effluent Charge System to: (1) provide economic incentives to coastal dischargers to eliminate or reduce the volume or toxicity of effluents; (2) raise $100,000,000 for the Fund; and (3) supplement existing public funding for Federal, State, and local coastal environmental quality programs. Directs the Administrator to establish a schedule of charges to be assessed annually against each coastal discharger. Establishes minimum and maximum amounts to be paid. Provides for a special hardship exemption under specified conditions. Sets forth deadlines for the assessments of such charges by the Administrator and States. Authorizes a coastal State to petition the Administrator for exemptions to the national charge system if such State currently requires fees similar in scope and purpose to the national system. Directs significant industrial users of publicly owned treatment works to pay annual charges based on pollutants authorized to be introduced into such works as determined by the Administrator's schedule of charges. Requires municipal authorities to retain charges paid by such users to implement and enforce requirements under this Act, the Clean Water Act, and the Coastal Zone Management Act of 1972. Bases initial charges on relevant variables in the discharge permit. Provides for modifications of such charges at the time of permit renewal. Amends the Outer Continental Shelf Lands Act Amendments of 1978 to authorize transfers from the Offshore Oil Pollution Compensation Fund to the Fund. Removes an upper limit placed on the Offshore Oil Pollution Compensation Fund. Amends the Coastal Zone Management Act to provide for the deposit into the Fund of certain unobligated funds and loan payments. Credits the following to the Fund: (1) certain penalties, fines, and other payments assessed under the Clean Water Act and the Marine Protection, Research, and Sanctuaries Act; and (2) specified Outer Continental Shelf revenues.
United States · United States Congress · 14 June 1989
Aflatoxin Food Safety Act of 1989 - Amends the United States Grain Standards Act to provide for aflatoxin contamination testing of all corn shipped in foreign commerce. Directs the Secretary of Agriculture to: (1) indemnify corn producers for aflatoxin contamination losses due to 1988 or 1989 weather or related conditions; (2) establish standardized testing equipment and procedures; and (3) conduct related research.
United States · United States Congress · 14 June 1989
Living Wage Act of 1990 - Title I: Earned Income Tax Credit - Amends Internal Revenue Code provisions governing the earned income tax credit to: (1) increase from $5,714 to $7,000 the amount of earned income subject to the credit; (2) increase the basic credit from 14 percent to 15 percent; and (3) add additional credits to apply to not more than four children of five percent for each dependent school age child between age six and age 16 and ten percent for each preschool age child. Reduces the amount of the credit for taxpayers with adjusted gross income over $40,000. Indexes amounts relating to the credit beginning in 1992. Disallows application of the nonrefundable dependent care income tax credit with respect to a taxpayer's dependents under age 13, unless the child is physically or mentally incapable of self-care. Permits the credit with respect to handicapped children under age 15 only if the taxpayer elects not to include the child within the framework of the earned income credit. Repeals provisions of the Family Support Act of 1988 that revise the way in which the earned income credit is treated in the context of needs analysis for purposes of State plans for aid and services to needy families with children under title IV of the Social Security Act. Title II: Federal Minimum Wage - Amends the Fair Labor Standards Act of 1938 (the Act) to increase the minimum wage per hour from $3.35 in 1989 to: (1) $3.65 in 1990; (2) $3.95 in 1991; and (3) $4.25 in 1992 and thereafter. Increases the tip credit under the Act from 40 percent to 50 percent. (The tip credit deems the amount paid to a tipped employee, for minimum wage purposes, to be increased by an amount determined by the employer, but not by an amount in excess of the specified percentage of the applicable minimum wage rate). Increases the small business exemption by revising the definition of an enterprise engaged in commerce, for purposes of coverage under the Act ("the enterprise test"). Exempts from such coverage enterprises whose annual gross volume of sales or business is less than $500,000 (currently $362,500), effective in 1990. Requires employers who were covered in 1988, but who are exempt under the new threshold, to continue to pay the $3.35 per hour minimum wage. Authorizes employers, in lieu of the minimum wage, to pay a newly hired employee not less than $3.35 an hour and thereafter not less than 80 percent of the increased minimum wage. Applies the rights and protections of the Fair Labor Standards Act of 1938 to employees in the House of Representatives, employees under the Architect of the Capitol, and employing authorities of the House of Representatives. Authorizes employers to employ any employee for periods of not more than ten hours in excess of the 40-hour maximum without paying overtime if during such periods the employee is receiving remedial education.
United States · United States Congress · 14 June 1989
States that the presidential determination of December 11, 1985, relating to the eligibility of the People's Republic of China and Tibet for assistance under the Foreign Assistance Act of 1961, shall cease to have effect.
United States · United States Congress · 14 June 1989
Consumer Products Recovery Act of 1989 - Amends the Solid Waste Disposal Act to require producers or importers of lubricating oil to recycle, through methods specified under this Act, an amount of used oil equal to at least the amount determined by multiplying the amount of lubricating oil produced or imported that year by such persons by the recycling percentage established by the Administrator of the Environmental Protection Agency. Authorizes such individuals to comply with this Act by: (1) recycling (through re-refining) used oil or purchasing re-refined oil for purposes of producing lubricating oil; or (2) purchasing recycling credits under this Act. Directs the Administrator to establish a recycling percentage that is two points higher than the existing recycling rate for lubricating oil. Provides for increases in such percentage of two points annually until 1999. Requires the Administrator to promulgate regulations allowing recyclers to create credits for used oil recycling and producers or importers of lubricating oil to purchase such credits. Provides that such regulations shall require: (1) owners or operators of used oil collection places to keep receipts issued by transporters who take delivery of such oil and copies of agreements under which the transporter agrees to take such oil to a recycling facility; (2) such owners or operators to certify that oil taken by transporters is not contaminated with hazardous wastes or substances above de minimis levels; (3) transporters to obtain an identification number from the Administrator and to keep certain records; (4) owners or operators of recycling facilities to be the only persons to create a recycling credit for the recycling credit system; (5) recyclers to certify that the substance being recycled is uncontaminated used oil; (6) oil proposed to be recycled to have come from a used oil collection place or a transporter with an identification number; (7) specified records to be kept by recyclers and by importers or producers; and (8) recyclers to sell or distribute in commerce such oil as specification used oil, off-specification used oil, hazardous waste fuel, or re-refined oil. Allows used oil re-refiners to exclude between 15 and 25 percent of re-refined oil from recycling requirements. Directs the Administrator to report to the Congress on such regulations and to include: (1) a discussion of the effects of such regulations on the oil industry and the environment; and (2) an evaluation of the level of the recycling percentage and whether such percentage should be increased in future years. Requires an updated version of such report to be submitted within ten years of this Act's enactment. Applies recycling requirements to persons who import or produce more than 100,000 gallons of lubricating oil annually. Sets the recycling percentage at 40 percent if the Administrator fails to promulgate such regulations. Directs the Administrator to submit to the Congress a plan for the recycling of certain commodities, including daily newspapers, used tires, lead acid batteries, pesticide containers, antifreeze, and specified volatile organic compounds. Requires such plan to include an incentive-based method for accomplishing such recycling. Directs the Administrator to implement such plan with respect to one commodity and with respect to an additional commodity each year thereafter. Provides that if used oil is identified as a hazardous waste under the Solid Waste Disposal Act, any fuel derived from such oil shall not be considered to be a hazardous waste after being reprocessed at a permitted facility. Requires persons who package lubricating oil to label such packages with a hazardous substance warning label and to include a telephone number for information on area recycling. Directs the Administrator to promulgate regulations requiring States to develop plans for making information about used oil recycling available to the public. Requires the Administrator to establish a toll-free telephone line for information on State used oil recycling programs. Makes certain regulations proposed in the Federal Register on November 29, 1985, effective with respect to used oil management if the Administrator fails to promulgate regulations under this Act. Authorizes appropriations.
United States · United States Congress · 13 June 1989
Education Partnership Act of 1989 - Amends the Higher Education Act of 1965 to establish a student mentor pilot program under part C (Work-Study Programs) of title IV (Student Assistance) of such Act. Authorizes the Secretary of Education to designate from ten to 100 institutions of higher education that may use a portion of their work-study funds allocations to establish such a pilot program to test the feasibility of using such funds to provide incentives to eligible college students to engage in mentor activities to help disadvantaged youths who are at risk of dropping out of elementary or secondary school. Directs the Secretary, within three years, to report to the Congress an evaluation of such program.
United States · United States Congress · 13 June 1989
Turtle Protection Parity Act of 1989 - Amends the Endangered Species Act of 1973 to prohibit the importation of shrimp: (1) from any country which does not require the use of turtle excluder devices by its shrimp fishing vessels in designated waters; or (2) which were harvested in designated waters by a vessel which did not use nets equipped with turtle excluder devices. Directs the Secretary of Commerce to: (1) designate, and publish a list of, those waters which constitute any part of the geographic range of sea turtles which are listed under such act as an endangered or threatened species; (2) publish and periodically update a list of each country which requires use of turtle excluder devices by its shrimp fishing vessels in designated waters; and (3) carry out provisions of this Act within three years after enactment. Delays the effective date of certain regulations issued by the Secretary on June 29, 1987, relating to sea turtle conservation until three years after enactment of this Act.
United States · United States Congress · 13 June 1989
Designates August 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
Amends rule XXXIII of the Rules of the House of Representatives to require that a portion of the House gallery be set aside for use by scholars of the Congress.
![Official portrait of Rep. Walsh, James T. [R-NY-25]](https://www.congress.gov/img/member/w000099_200.jpg)