United States · United States Congress · 20 November 1989
Authorizes the Secretary of Agriculture to settle and pay claims for loss of, or damage to, property resulting from certain forest fires which were originally classified as prescribed fires but which subsequently became wildfires. Sets forth procedures for making claims.
United States · United States Congress · 17 November 1989
Anaconda Mines Drainage Treatment Act of 1989 - Directs the Secretary of the Interior to construct and maintain a water treatment plant to ensure that water flowing from Anaconda Mine sites near Butte, Montana, meet water quality standards. Provides that such plant shall be designed to treat the quantity and quality of effluent historically discharged from the Anaconda Mines. Authorizes the Secretary to operate and maintain the plant and perform sludge disposal directly or through contract with public or private entities. Authorizes appropriations.
United States · United States Congress · 17 November 1989
Delays the repayment of advance deficiency payments for 1988 producers of wheat, feed grains, upland cotton, and rice who qualified for specified disaster assistance relief.
United States · United States Congress · 16 November 1989
Eliminates post-1968 service in the National Guard as a prerequisite to civil service retirement credit for former National Guard technicians. Amends the National Guard Technicians Act of 1968 to eliminate post-1968 service as a prerequisite for National Guard technicians for receipt of credit in the determination of length of Federal civil service for purposes of leave, Federal employees' death and disability compensation, group life and health insurance, severance pay, tenure, and status. Sets forth rules for applying provisions of this Act to affected individuals.
United States · United States Congress · 15 November 1989
Cable Television Consumer Protection Act of 1989 - Amends the Communications Act of 1934 to authorize a franchising authority to regulate rates of a cable system for the provision of basic cable services and for installing or renting equipment necessary for the receipt of such services if the franchise authority determines that the cable system is not subject to effective competition. Presumes effective competition if: (1) fewer than 30 percent of the households in the cable community subscribe to the cable service of such cable system; or (2) the cable community is served by more than one multichannel video programming distributor (MVPD). Outlines the circumstances under which a cable community shall be considered to be served by more than one MVPD. Requires a franchising authority authorized to regulate rates to establish a fair and efficient method for such regulation, in consultation with the Federal Communications Commission (FCC) and the operator of any affected cable system. Requires each cable operator that relies upon compulsory licensing for secondary transmissions by its cable system (known hereafter as a participating operator) to carry the signals of qualified local broadcast stations (local non-cable stations) in accordance with this Act. Requires each participating operator to carry a specified number of qualified local broadcast stations, such number increasing with the amount of usable activated channels of such participating operator. Requires, among the signals of qualified local broadcast stations to be carried by each participating operator, the carriage of signals of at least: (1) one qualified noncommercial educational television station for an operator with fewer than 54 usable activated channels; and (2) two such stations for an operator with 54 or more usable active channels. Allows a participating operator discretion in selecting which local broadcast signals shall be carried on its cable system once the minimum number of qualified local broadcast stations presented on its system exceeds the minimum number required under this Act, with specified conditions. Makes the carriage of the minimum required number of noncommercial educational television stations nondiscretionary. Requires, when feasible, the signal of the qualified local broadcast station on the cable system to be carried on the same channel on which the local broadcast station is normally carried over the air or upon a channel mutually agreed upon by the broadcaster and the principal operator. Outlines other required standards for the retransmission by a principal operator of the qualified local broadcast stations required under this Act. Requires local signals carried in fulfillment of this Act to be carried on the lowest-priced tier of basic cable service offered by the participating operator. Requires a participating operator to: (1) identify, upon request, those local broadcast signals carried on its system in fulfillment of requirements of this Act; and (2) provide written notice to a qualified local broadcast station, the franchising authority of such cable system, and subscribers of such system at least 30 days prior to either deleting or repositioning such signal on its cable system. Prohibits a participating operator from accepting money or other consideration for the carriage of local broadcast signals as required under this Act. Authorizes a qualified local broadcast station to file a complaint with the FCC when it believes that a participating operator is not complying with signal carriage requirements enumerated under this Act. Outlines administrative procedures for FCC review and rulings on such complaints. Amends provisions concerning renewal of cable television franchises to direct the franchising authority to issue written requests for: (1) a renewal proposal from the incumbent cable operator; and (2) proposals for a new franchise from any other person who notifies the franchising authority of its interest in providing cable service in the relevant area. Directs the franchising authority to provide prompt public notice of all cable franchise proposals received and to commence an administrative proceeding to determine the disposition of each such proposal. Outlines factors to be considered by the franchising authority in determining the disposition of such proposals, including the quality, reasonableness, and compliance of such proposals with community standards as well as standards of existing franchise law and regulations. Requires the franchising authority to issue a written decision to parties submitting proposals. Requires a franchising authority to grant an incumbent cable operator's renewal proposal if the franchising authority finds that the operator's performance and proposal satisfy all applicable standards. Repeals current provisions under the Communications Act of 1934 concerning the proper bases for denial of a proposal for renewal of a cable franchise. Provides that, in any First Amendment claim against a franchising authority or governmental entity arising from the regulation of cable communications or a decision to grant or deny a franchise or otherwise regulate a cable operator, any relief shall be limited to injunctive relief, declaratory relief, and attorneys' fees, except to the extent that such a claim involves activities of such authority or entity as an owner of a cable system. Requires a franchising authority, in establishing cable franchise requirements, to specifically identify those broad categories of programming and other services that are essential to the operation of a cable system in the public interest in that community, including broadcasting in a foreign language or towards a particular minority group. Authorizes any person aggrieved by the failure of a cable operator to meet the required technical standards of a franchise to petition the FCC for an order compelling compliance with such standards. Prohibits any entity engaged in the production, creation, or distribution of video programming that is owned or controlled by, or affiliated with, one or more cable systems from discriminating in the price, terms, or availability of its programming among cable systems, cable operators, or other MVPDs who purchase such programming for delivery to consumers. Allows such person to impose reasonable, nondiscriminatory requirements for creditworthiness, service, and financial stability, and allows price differentials which are attributable to cost differentials in the creation, sale, delivery, or transmission of such programming or which are made in good faith to meet the low price of a competitor. Prohibits, after October 31, 1989, any cable operator from controlling cable systems that individually or collectively provide service to more than 15 percent of all cable subscribers in the United States. Provides an exception for a cable operator who already controls 15 percent or more of such service on such date if that operator: (1) does not acquire additional interests in cable systems; and (2) reduces its interest so that, within one year after the enactment of this Act, such percentage is within that permitted. Authorizes the FCC to waive such prohibition in individual cases for up to six months. Provides that any civil action challenging the provision of this Act relating to the carriage of local broadcast signals by cable operators shall be heard by a district court. Provides that any action holding such a provision unconstitutional shall be reviewable as a matter of right by direct appeal to the Supreme Court if such appeal is filed within 20 days after such holding.
United States · United States Congress · 15 November 1989
Amends title XIX (Medicaid) of the Social Security Act to allow State Medicaid matching payments to include private funds donated by hospitals to the State and State taxes imposed with respect to the provision of Medicaid items and services.
United States · United States Congress · 2 November 1989
Grants a Federal charter to the Supreme Court Historical Society, Incorporated, a nonprofit Corporation organized under the laws of the District of Columbia. Requires the Corporation to report annually to the Congress.
United States · United States Congress · 31 October 1989
Nuclear Decommissioning Reserve Fund Act of 1989 - Amends the Internal Revenue Code to: (1) decrease from 34 percent to 15 percent the rate of the tax imposed on the income of any Nuclear Decommissioning Reserve Fund; and (2) remove restrictions on permitted investments of Fund monies.
United States · United States Congress · 25 October 1989
Tourism Policy and Export Promotion Act of 1989 - Declares it to be the national goal to increase U.S. export earnings from U.S. tourism and transportation services with an eye toward: (1) the elimination of the travel and tourism export deficit of the United States and the U.S trade deficit; and (2) the achievement of a travel and tourism export surplus. Amends the Trade Act of 1974 to require the United States Trade Representative (USTR) to identify foreign trade barriers to U.S. travel and tourism. Requires the USTR to submit the National Trade Estimate to the President and the Senate Committees on Finance and Commerce, Science, and Transportation. Amends the International Travel Act of 1961 to require each annual tourism trade development plan to focus on those countries in which tourism trade development has the greatest potential for increasing travel and tourism export revenues. Declares that the Congress finds that increased efforts directed at the promotion of rural tourism will contribute to the economic development of rural America. Establishes the Rural Tourism Foundation. Authorizes appropriations.
United States · United States Congress · 24 October 1989
Designates the week of December 3 through December 9, 1989, as National Autism Week. Designates 1990 as the National Silver Anniversary Year for the Autism Society of America.
United States · United States Congress · 20 October 1989
Amends the Internal Revenue Code to repeal provisions that establish nondiscrimination requirements for coverage and benefits under certain statutory employee benefit plans. Reinstates prior nondiscrimination rules and modifies other provisions relating to nontaxable benefits.
United States · United States Congress · 19 October 1989
Title I: Capital Gains Provisions - Subtitle A: Reduction in Capital Gains Tax - Amends the Internal Revenue Code to reduce the capital gains tax for noncorporate taxpayers. Establishes a scale for determining such deduction up to a maximum of 35 percent after owning assets for seven years. Provides for not taking into account net capital gain under the phaseout of the 15-percent rate and personal exemptions. Provides for recapturing the gain from disposition of certain depreciable property. Subtitle B: Alternative Capital Gains Rate for Corporations - Reduces the alternative capital gains tax for corporations by establishing a scale for determining such tax rate based on ownership of assets for three to 15 years. Subtitle C: Indexing of Certain Assets for Purposes of Determining Gain - Provides for indexing assets held for more than two years as an option for individuals who elect not to take advantage of the lower capital gains rate. Title II: Individual Retirement Plus Accounts - Allows individuals to establish individual retirement plus accounts with tax treatment similar to that for individual retirement plans. Makes contributions to such accounts nondeductible. Provides for qualified distributions from such accounts, other than for general retirement purposes, including special purposes distributions made for the purchase of a first home and for medical or educational purposes. Prohibits special purpose distributions from being made during the first five years of the account.
United States · United States Congress · 18 October 1989
Directs the Secretary of the Interior to reimburse Montana, individual cattle-owners in Montana, or both, for the costs of testing cattle for brucellosis if there is a demonstrated risk of infection from Yellowstone National Park elk and bison herds. Authorizes FY 1990 through 1992 appropriations.
United States · United States Congress · 16 October 1989
Small Governments Regulatory Partnership Act of 1989 - Title I: Establishment of the Office for Small Government Advocacy and Small Government Coordinators - Establishes within the Office of Management and Budget (OMB) the Office for Small Government Advocacy (OSGA) to: (1) receive complaints, criticisms, and suggestions concerning the regulatory policies and activities of agencies which affect small governments (governments of localities with populations of less than 50,000); (2) represent the views and interests of small governments before such agencies; (3) develop proposals for changes in such policies and activities to fulfill the purposes of this Act and communicate such proposals to appropriate agencies; (4) monitor the costs and other burdens of Federal regulation on small governments and make proposals for eliminating excessive or unnecessary regulatory burdens; (5) monitor agency compliance with regulatory function analysis provisions applicable to small governments; (6) oversee and consult with the Small Government Coordinators; (7) chair the Interagency Committee of Small Government Coordinators; and (8) consult and cooperate with the Small Government Advisory Council. Requires OSGA to be managed by a Director who is familiar with small government needs and problems with the Federal regulatory process. Requires the Director to submit an annual report to the Congress which includes: (1) a summary of proposals and actions taken pursuant to such proposals; (2) a detailed assessment of the costs and other burdens of Government regulation on small governments; (3) a description of the Director's activities under regulatory function analysis provisions; (4) an account of agency compliance with such provisions; and (5) a summary of the activities of the Interagency Committee and the Small Government Advisory Council. Requires such report to be based upon the information submitted by Small Government Coordinators. Establishes within certain Federal agencies a Small Government Coordinator to be responsible for: (1) representing the small government perspective on agency rules and policies; (2) overseeing agency efforts to comply with regulatory function analysis as applied to small governmental jurisdictions; (3) overseeing establishment of agency small government data banks; (4) reporting annually to the Director on his or her activities and involvement in rulemaking processes; and (5) participating in the Interagency Committee. Establishes within OMB the Interagency Committee to coordinate the programs, plans, activities, and policies of the Small Government Coordinators. Requires the Director to establish a Small Government Advisory Council to advise him or her to ensure that OSGA programs and policies are familiar to, and meet the needs of, small governments. Requires the Council to report annually to the Director on its activities. Title II: Small Government Considerations in the Analysis of Regulatory Functions - Authorizes the Director to appear as amicus curiae in any action brought in a U.S. court to review a rule to present his or her views with respect to its effect on small governmental jurisdictions. Revises provisions concerning regulatory function analysis to increase the scope of analysis of regulatory impact on small entities. Revises the contents of initial regulatory flexibility analyses to include: (1) a description of data resources including outreach efforts used in making certain determinations; and (2) a statement as to whether adequate information was available to determine the number of small businesses, organizations, and governmental jurisdictions affected by the proposed rule and the significance of that impact. Prohibits application of provisions relating to regulatory flexibility analysis descriptions of significant alternatives to certain proposed rules and application of final regulatory flexibility analysis to any proposed or final rule, if the agency head certifies that the rule will not have a significant impact on a substantial number of small entities. Requires agencies to publish such certification in the Federal Register with the general notice of proposed rulemaking, along with a statement explaining the reasons for such certification. Title III: Data Banks on Small Governments - Directs the General Accounting Office (GAO) to issue a report which develops and assesses: (1) at least three measures of the impact of the implementation of Federal regulations on small governments; and (2) a standard designation of government size categories which agencies can use in data collection on such governments. Requires Government Coordinators to establish and oversee data banks on small governments which shall contain all information collected by the agency relating to the impact of Federal regulations on such governments for use as an agency-wide resource to develop regulatory burden estimates. Directs the head of each agency with a Small Government Coordinator to require its offices to assist such Coordinator by contributing all information it has collected that relates to the impact of the implementation of Federal regulations on small governments. Directs Small Government Coordinators to issue guidelines to govern such information to facilitate establishment and maintenance of such data banks. Requires such guidelines to include a designation of the three measures developed by GAO and standard government size categories.
United States · United States Congress · 12 October 1989
Safe Transportation of Food Act - Prohibits any person from: (1) using a refrigerated motor vehicle in the transportation of solid waste; or (2) using a cargo tank that has been used in the transport of hazardous materials for the transportation of food. Authorizes the Secretary of Transportation to waive such prohibition if such waiver is not contrary to the public interest. Requires the Secretary to study measures that will provide the safe transportation of food and hazardous materials. Directs the Secretary to submit to the Congress a report containing results of such study. Sets forth both civil and criminal penalties. Empowers the Attorney General, at the Secretary's request, to bring action in U.S. district court for equitable relief to redress any violation of this Act or any regulations issued under it.
United States · United States Congress · 6 October 1989
Amends the Small Business Development Center Act of 1980 to extend the Small Business Development Center Program from October 1, 1990, to October 1, 1995.
United States · United States Congress · 4 October 1989
Amends the Medicare Catastrophic Coverage Act of 1988 to repeal provisions: (1) setting a cap on an individual's out-of-pocket expenses under part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act; (2) establishing the Prescription Drug Payment Review Commission and outpatient drug study and reporting requirements; (3) creating the Federal Catastrophic Drug Insurance Trust Fund and the Medicare Catastrophic Coverage Account; and (4) imposing a supplemental Medicare premium on Medicare beneficiaries whose tax liability equals or exceeds $150. Amends part A (Hospital Insurance) of the Medicare program to cover post-hospital extended care services for up to 100 days in a calendar year and other extended care services to the extent the Secretary of Health and Human Services finds will not result in an increase of Medicare expenditures or after the acute care nature of the benefit. (Currently, coverage of extended care services is provided for up to 150 days in a calendar year.) Modifies the methods of determining the coinsurance amount required of recipients of post-hospital extended care services. Directs the Secretary to report to the Congress by February 1, 1990, on reasons for the unexpected increase in cost estimates of Medicare extended care services, including recommendations for further modification of such coverage while the provision of long-term care benefits receives consideration. Limits Medicare drug benefits to immunosuppressants and home IV drugs. Provides for the annual adjustment of the Medicare part B premium in a manner which takes into account this Act's changes in catastrophic coverage. Requires Medicare supplemental insurance policies from which individuals terminated their coverage as of January 1, 1989, (or the earliest renewal date thereafter) to offer such individual a continuation of coverage under terms respecting treatment of pre-existing conditions and group rating of premiums which are at least as favorable as terms which existed on December 31, 1988. Directs the Secretary to: (1) take this Act's amendments into account in determining the payments to be made to health maintenance organizations; (2) require such organizations to adjust their agreements with Medicare beneficiaries in consideration of such amendments; and (3) notify Medicare beneficiaries of changes made by this Act's amendments.
United States · United States Congress · 2 October 1989
Designates the week of October 22 through October 29, 1989, as National Red Ribbon Week for a Drug-Free America. 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 · 29 September 1989
Requires that the amount equal to one-third of the total amount collected or recovered in a fiscal year as reimbursement from third parties for care and services furnished by a Department of Veterans Affairs medical center be credited to the Department appropriation account for medical care and be available to such medical center for the provision of direct patient care.
United States · United States Congress · 28 September 1989
Designates November 11, 1989, as Washington Centennial Day in recognition of the economic, social, and historic contributions of Washington State to the United States over the past century.
United States · United States Congress · 25 September 1989
Authorizes the Speaker of the House of Representatives and the President pro tempore of the Senate to present a bronze medal to individuals who: (1) were members of the armed forces and were present in Hawaii on December 7, 1941; and (2) participated in combat operations that day against Japanese military forces attacking Hawaii. Directs the Secretary of the Treasury to strike such medals. Authorizes the Secretary to provide for the sale of bronze duplicates of the medal. Authorizes appropriations which are to be reimbursed out of the proceeds from sales of the medals.
United States · United States Congress · 25 September 1989
Commends and expresses support for President Barco and the Government and people of Colombia for standing up to drug traffickers. Urges the President to continue to commend the cooperation of the President of the United States with the Government of Colombia and provide assistance to Colombia to overcome the activities of drug traffickers.
United States · United States Congress · 22 September 1989
Telephone Operator Consumer Services Improvement Act of 1989 - Directs the Federal Communications Commission to initiate, within 30 days, a proceeding under the Communications Act of 1934 to establish regulations to protect from unfair and deceptive practices consumers who use operator services to place interstate telephone calls and to ensure that consumers have the opportunity to make informed choices in making such calls. Provides for the timing and content of such regulations, including certain minimum requirements. Directs the Commission, in making the regulations, to consider the need to prescribe compensation, other than advance payment by consumers, for owners of competitive public pay telephones for calls routed to carriers other than the designated provider of operator services. Directs the Commission to require each provider of operator service to file an informational tariff specifying rates, terms, and conditions with respect to calls for which operator services are provided. Directs the Commission to require any provider whose rates and charges appear unjust or unreasonable to demonstrate that its rates and charges are just and reasonable. Directs the Commission to: (1) initiate a proceeding examining specified aspects of service and report to the Congress; and (2) unless the Commission finds that market forces are securing rates and charges that are just and reasonable, establish regulations requiring that rates and charges for operator services be just and reasonable.
United States · United States Congress · 20 September 1989
Amends the Railroad Retirement Solvency Act of 1983 to extend for two years provisions for the transfer of tier 2 railroad retirement benefit taxation revenues from the general fund of the Treasury to the Railroad Retirement Account.
United States · United States Congress · 20 September 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 Organizations (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 · 14 September 1989
Special Needs Adoption Assistance Act of 1989 - Amends the Internal Revenue Code to allow a tax deduction for qualified adoption expenses. Allows such deduction whether or not a taxpayer itemizes deductions. Directs the Office of Personnel Management to establish a demonstration program under which an employee is reimbursed for qualifying adoption expenses incurred in connection with the adoption of a child with special needs. Requires a report to the President and the Congress by October 1, 1992, on such program.
United States · United States Congress · 12 September 1989
Title I: National Commission on Natural Resources Disasters - Establishes a National Commission on Natural Resources Disasters to study the effects of natural fire disasters and make recommendations concerning a smooth transition from the loss of natural resources. Directs the Commission to study the effects of such fires on: (1) the economic stability of the affected communities; (2) the availability of sufficient timber supplies to meet future industry needs; (3) fish and wildlife habitats; (4) recreation in the affected areas; (5) the watershed and water quality protection plans in effect within National Forest Systems lands; (6) the ecosystems in the areas; and (7) management plans of the affected National Forest System lands. Requires a report to the Secretary of Agriculture by December 1, 1990. Authorizes the Commission to accept contributions of money and services in carrying out its duties. Authorizes the Secretary, if contributions are insufficient, to transfer to the Commission funds available from the general fund of the Treasury. Terminates the Commission 90 days after submission of its report to the Secretary. Title II: Forest Firefighting Planning and Cooperation - Directs the Secretary of Agriculture to report to the Congress on the rehabilitation needs of each national forest resulting from forest fire damage during the previous year. Requires the Secretary to offer training programs annually to certify volunteers for suppressing forest fires on National Forest System lands. Requires the Secretary to report to the Congress on the local fire emergency mobilization plans for fire fighting equipment in each area of the National Forest System which is prone to forest fires.
United States · United States Congress · 4 August 1989
Legislative Line Item Veto Act of 1989 - Amends the Impoundment Control Act of 1974 to grant the President legislative line item veto rescission authority. Authorizes the President to rescind all or part of any budget authority if the President determines that such rescission: (1) would help balance the Federal budget, reduce the Federal budget deficit, or reduce the public debt; (2) will not impair any essential Government functions; and (3) will not harm the national interest. Requires the President to notify the Congress of such a rescission by: (1) special message not later than 20 calendar days after enactment of appropriations legislation; or (2) special message accompanying the budget when such rescissions have not been proposed previously for that fiscal year. Makes such a rescission effective unless the Congress, during a review period of 20 calendar days, enacts a rescission disapproval bill. Describes: (1) information to be included in the President's message; and (2) procedures to govern consideration of rescission disapproval legislation in the Senate and the House of Representatives.
United States · United States Congress · 4 August 1989
Marginal Energy Producers Incentives Act of 1989 - Amends the Internal Revenue Code with respect to the oil and natural gas allowance to allow a tax deduction to the transferee in the case of a transfer of proven oil or gas property. Increases from 50 to 100 percent (thus removing) the net income limitations on the use of such depletion allowances. Sets a percentage depletion allowance of 15 percent for the marginal production of domestic crude oil or natural gas by independent producers. Makes the alternative minimum tax preference for percentage depletion inapplicable to such marginal production.
United States · United States Congress · 4 August 1989
Prohibits the Environmental Protection Agency (EPA) from enforcing, during the 12-month period following the enactment of this Act, its underground petroleum storage tank financial responsibility regulations promulgated pursuant to the Solid Waste Disposal Act with respect to certain underground tank owners. Permits enforcement after such period if the Administrator of the EPA determines that such enforcement would not impose an unjust economic burden on the owners. Requires the Administrator to conduct a study for the purpose of identifying the principal economic difficulties associated with compliance by underground tank owners with EPA technical standards for such tanks. Directs the Administrator to report the results of such study to specified congressional committees.
United States · United States Congress · 1 August 1989
Amends the Regulatory Flexibility Act to provide for: (1) judicial review of certain administrative certification decisions; and (2) regulatory flexibility analysis of Internal Revenue Service (IRS) rules. Defines "impact" to mean the effects of a proposed or final rule which an agency can anticipate at the time of publication and includes the effects imposed by such rule.
United States · United States Congress · 31 July 1989
Land Management Review Act of 1989 - Amends the Forest and Rangeland Renewable Resources Planning Act of 1974 to give the U.S. courts of appeals exclusive jurisdiction to review an action of the Secretary of Agriculture that approves, amends, revises, or declines to amend or revise a land and resource management plan of the Forest Service on a petition for review of such action or plan on any ground. Gives the U.S. district courts jurisdiction to review an action of the Secretary that implements a land and resource management plan or otherwise pertains to a timber sale or harvest or an activity in connection with, or in preparation for, such sale or harvest on a complaint that challenges or seeks to enjoin the action on any ground. Prohibits a person from submitting a petition for review of the Secretary's action or plan if such person failed to: (1) formally submit timely written comment on such action; and (2) exhaust all administrative appeals and other administrative remedies available to object to the action. Prohibits the submission of a petition for review on a ground not raised in a timely manner and with specificity before the Secretary. Authorizes the Secretary to take action without regard to, or without there being in place, a regional guide not required by the Act that is developed under regulations of the Forest Service to reflect general coordination of the National Forest System, State and private forestry, and research programs. States that no court has jurisdiction to enjoin, invalidate, or review: (1) such a regional guide; (2) an environmental analysis or any other document prepared in connection with such a regional guide; or (3) any action of the Secretary, on the ground that such a regional guide is not in place. Amends the Federal Land Policy and Management Act of 1976 to include parallel provisions with respect to actions of the Secretary of the Interior (with the exception of the provision relating to the regional guide).
United States · United States Congress · 25 July 1989
Title I - Product Liability Reform Act - Declares that this Act governs any product liability action brought against a manufacturer or product seller, on any theory, for harm caused by a product. States that a civil action brought against a manufacturer or product seller for loss or damage to a product itself or 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, including an action to abate a nuisance, that authorizes a State or person to institue an action 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. Declares that U.S. district courts shall not have jurisdiction over any civil action under this Act, based on specified provisions of Federal law relating to district court jurisdiction. Declares that, if any provision of this Act would shorten the period during which a manufacturer or seller would otherwise be exposed to liability, the claimant may, notwithstanding that period, bring any civil action under this Act within one year after the effective date of this Act. Title II - Allows any claimant to bring a civil action for damages against a person for harm caused by a product under applicable State law, except to the extent such law is superseded by this title. Sets forth expedited settlement measures, including: (1) an option to include an offer of settlement, for a specific dollar amount, by the plaintiff in the complaint and by the defendant in a responsive pleading; and (2) awarding attorney's fees and costs, in certain circumstances, to the prevailing party if the other party does not accept the settlement offer. Sets forth alternative dispute resolution procedures, including: (1) an option, in lieu of or in addition to a settlement offer, for a claimant or a defendant to offer to proceed under any voluntary alternative dispute resolution procedure established or recognized under the law of the State in which the action is brought or maintained; and (2) awarding of attorney's fees and costs to the offering party if the court determines that a refusal to so proceed was unreasonable or not in good faith. Creates a rebuttable presumption that a refusal to so proceed was unreasonable, or not in good faith, if a verdict is rendered in favor of the offeror. Title III - Allows a person seeking to recover for harm caused by a product to bring a civil action against the manufacturer or seller under applicable State or Federal law, except to the extent such law is superseded by this Act. Establishes a standard of product seller liability for proximate causes of harm, established by a preponderance of the evidence, which fall under the categories of negligence or express warranty. Allows the trier of facts, in a negligence action, to consider the conduct of the seller with respect to: (1) the construction, inspection, or condition of the product; and (2) failure to pass on warnings or instructions from the manufacturer. Deems the seller not liable for failure to provide warnings or instructions unless the claimant establishes that the seller failed to: (1) provide warnings or instructions received while the product was in the seller's possession and control; or (2) make reasonable efforts to provide users with warnings and instructions which it received after the product left its possession and control. Deems a seller not liable except for breach of warranty where there was no opportunity to inspect the product in a manner which would or should, in the exercise of reasonable care, have revealed the aspect which allegedly caused the harm. Declares that the seller shall be treated as the manufacturer and be liable for harm caused by a product as if it were the manufacturer if: (1) the manufacturer is not subject to service of process in any State in which the action might have been brought; or (2) the court determines that the claimant would be unable to enforce a judgment against the manufacturer. Allows punitive damages, if otherwise permitted by applicable law, to be awarded in any civil action under this title to any claimant who establishes by clear and convincing evidence that the harm suffered was the result of conduct manifesting a manufacturer's or product seller's conscious, flagrant indifference to the safety of those persons who might be harmed by a product. Declares that a failure to exercise reasonable care in choosing among alternative product designs, formulations, instructions, or warnings is not of itself such conduct. Prohibits awarding punitive damages in the absence of a compensatory award, subject to exception. Prohibits punitive damages against a manufacturer or seller of a drug or medical device where: (1) the drug or device was subject to pre-market approval by the Food and Drug Administration (FDA); or (2) the drug is generally recognized as safe and effective under conditions established by the FDA. Prohibits punitive damages against a manufacturer of an aircraft where: (1) the aircraft was subject to pre-market certification by the Federal Aviation Administration (FAA); and (2) the manufacturer complied, after delivery, with FAA requirements and obligations with respect to continuing airworthiness. Provides for separate proceedings, if requested by the manufacturer or seller, with regard to punitive damages. Lists factors the trier of fact is allowed to consider in determining the amount of punitive damages. Bars any civil action under this title: (1) unless filed within two years after the claimant discovered or should have discovered the harm and its cause, subject to exception; and (2) if the product involved is a capital good that is alleged to have caused harm which is not a toxic harm unless filed within twenty-five years after delivery of the product, provided the claimant has received or would be eligible for State or Federal workers' compensation. Excludes a motor vehicle, vessel, aircraft, or railroad used primarily to transport passengers for hire from these time limitations. States that nothing in these provisions affects the right of any person who is subject to liability under this Act to obtain contribution or indemnity from any other person who is responsible for the harm. Requires reduction in the damages awarded by the sum of all State or Federal workers' compensation benefits to which the employee is or would be entitled. Requires an action to be stayed, at the sole discretion of the claimant, until a final determination is made on the amount payable as workers' compensation benefits. Declares that, unless the manufacturer or seller has expressly agreed to indemnify or hold an employer harmless, neither the employer nor the workers' compensation insurance carrier shall have a right of subrogation, contribution, or implied indemnity against the manufacturer or seller or a lien against the claimant's recovery. Prohibits a third party tortfeasor, where workers' compensation is involved, from maintaining any action for implied indemnity or contribution against the employer, any coemployee, or the exclusive representative of the injured person. Prohibits, for a person who is or would have been entitled to receive workers' compensation, any other action, unless a State or Federal workers' compensation law permits recovery based on a claim of an intentional tort. Makes these provisions inapplicable and declares that applicable State law shall control if the employer or the workers' compensation insurer asserts a right of subrogation, contribution, or implied indemnity against the manufacturer or seller or a lien against the claimant's recovery. Declares that, in any product liability action, the liability of each defendant for noneconomic damages shall be several and not joint. Requires the trier of fact to determine the proportion of responsibility of each party for the claimant's harm. Establishes a complete defense, in any civil action under this Act in which all defendants are manufacturers or sellers, that the claimant was under the influence of alcohol or any drug and that, as a result, the claimant was more than 50 percent responsible for the event which resulted in the harm. Defines "drug" to mean any non-over-the-counter drug which has not been prescribed by a physician.
United States · United States Congress · 25 July 1989
Amends the Defense Authorization Amendments and Base Closure and Realignment Act to direct the Secretary of Defense, after notifying all departments and instrumentalities within the Department of Defense of the availability of real property and facilities to be closed or realigned, to notify the Attorney General of the availability of such property. Requires the Secretary to transfer such property or facility to the Bureau of Prisons if the Attorney General certifies that such property will be used primarily in the incarceration of prisoners convicted of controlled substances offenses and that such property is essential to Bureau program objectives.
![Official portrait of Sen. Burns, Conrad R. [R-MT]](https://www.congress.gov/img/member/b001126_200.jpg)