Skip to content
PoliticalRepoPoliticalRepo

Person

Official portrait of Sen. Garn, E. J. (Jake) [R-UT]

Sen. Garn, E. J. (Jake) [R-UT]

United States · Official source

Records

2,259 records where Sen. Garn, E. J. (Jake) [R-UT] is listed as a sponsor, author, or other actor. Search with topics and years

Bill· SJRESS.J.Res. 183 (101st)open

A joint resolution proposing an amendment to the Constitution relating to a Federal balanced budget.

United States · United States Congress · 27 July 1989

Constitutional Amendment - Prohibits fiscal year Federal outlays (except those for retirement trust funds or repayment of debt principal) from exceeding receipts (except those derived from borrowing or retirement trust funds), unless three-fifths of both Houses of Congress provide for a specific excess. Directs the President, prior to each fiscal year, to transmit to the Congress a proposed budget in which outlays do not exceed receipts.

Bill· SS. 1400 (101st)open

Product Liability Reform Act

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 Lists specific laws not superseded, including: (1) defense of sovereign immunity asserted by any State or by the United States; (2) any Federal law (except the Federal Employees Compensation Act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.

Resolution· SRESS.Res. 156 (101st)passed

A resolution to express the sense of the Senate with respect to the Apollo 11 lunar mission, the International Space Station Freedom program, and the "Mission to Planet Earth".

United States · United States Congress · 20 July 1989

Declares that it is the sense of the Senate that: (1) the National Aeronautics and Space Administration (NASA), the crew of Apollo 11, and all associated with the first lunar landing should be congratulated on the 20th anniversary of the Apollo 11 mission; (2) the most appropriate celebration of that landing is renewed support of the Senate and the American people for our space program, especially the International Space Station Freedom program (Space Station program); (3) the additional elements of Earth sensing satellites needed to achieve the goals of the "Mission to Planet Earth" should be vigorously pursued in a cooperative global effort involving all nations; and (4) the President, the Vice President in his capacity as the Chairman of the National Space Council, the Director of the Office of Management and Budget, the Administrator of NASA, and the appropriate committees of the Congress should together explore actions to provide NASA's FY 1990 budget request for the Space Station program to insure the continued development of the Space Station program and the expeditious development of the global environmental program envisioned as the "Mission to Planet Earth."

Resolution· SCONRESS.Con.Res. 52 (101st)referred

A concurrent resolution to express the sense of the Congress that science, mathematics, and technology education should be a national priority.

United States · United States Congress · 23 June 1989

Expresses the sense of the Congress that science, mathematics, and technology education should be a national priority (with emphasis on an educated citizenry, curriculum planning, teacher preparation, and service to traditionally underserved students, including those from inner cities and remote areas).

Resolution· SRESS.Res. 151 (101st)passed

A resolution to express the sense of the Senate on the decision of the United States Supreme Court, declaring unconstitutional the Texas statute prohibiting the desecration of the flag.

United States · United States Congress · 22 June 1989

Declares that the Senate: (1) expresses its disappointment that the Texas statute prohibiting the desecration of the flag was found to be unconstitutional; (2) expresses its commitment to preserving the honor and integrity of the flag; (3) intends to make a study of the impact of the Supreme Court decision on Federal and State laws and to seek ways to restore sanctions against such conduct; and (4) urges the American people to continue to display proudly the American flag.

Bill· SS. 1217 (101st)referred

Export Finance Expansion Act of 1989

United States · United States Congress · 21 June 1989

Export Finance Expansion Act of 1989 - Amends the Export-Import Bank Act of 1945 (the Act) to authorize the Export-Import Bank to make: (1) subsidy payments to commercial lending institutions that make loans, including loans guaranteed by the Bank, for the export of U.S. goods and services; and (2) mixed credit payments, in combination with other payments, loans, or loan guarantees extended by the Bank, when such financing is required to respond to specific mixed credit offers by foreign governments or export credit agencies. Limits the amount of such payments to the amount of funds appropriated to the Bank for FY 1989. Requires the Bank to provide 100 percent coverage of the interest and principal on guaranteed obligations of the Bank to ensure acceptance of such Bank guarantees by U.S. financial institutions for transactions in markets in which the Bank does business. Authorizes the Bank to guarantee the payment of principal and interest on pool certificates representing ownership of part or all of any loan or loans guaranteed by the Bank to encourage the free transfer of such Bank obligations. Authorizes appropriations to cover subsidies associated with direct loans, subsidy payments, or mixed credit payments made by the Bank after October 1, 1989. Repeals a provision of the Act to abolish the Tied Aid Credit Program and the Tied Aid Credit Fund.

Bill· SJRESS.J.Res. 155 (101st)referred

A joint resolution designating June 23, 1989, as "United States Coast Guard Auxiliary Day".

United States · United States Congress · 13 June 1989

Designates June 23, 1989, as United States Coast Guard Auxiliary Day. Authorizes the President to: (1) issue a proclamation commemorating the 50 years of Coast Guard volunteer service to enhance the safety of water-related activities; and (2) call for the observation of such day with appropriate ceremonies, educational activities, and boating safety achievement programs.

Law· SS. 1091 (101st)enacted

United States Coast Guard Bicentennial Medal Act

United States · United States Congress · 1 June 1989

United States Coast Guard Bicentennial Medal Act - Directs the Secretary of the Treasury to design, strike, and sell a medal in commemoration of the bicentennial of the U.S. Coast Guard in 1990. Requires the design of the medal to be selected by the Secretary of the Treasury after consultation with the Secretary of Transportation and the Commission of Fine Arts.

Bill· SS. 1045 (101st)open

National Environmental Policy on International Financing Act of 1989

United States · United States Congress · 18 May 1989

National Environmental Policy on International Financing Act of 1989 - Amends the National Environmental Policy Act of 1969 to require that before casting the U.S. vote on a proposed action by an international financial institution significantly affecting the quality of the environment, the appropriate Federal official request such institution to furnish an environmental impact statement. Requires such official to identify: (1) any minimum criteria not met; and (2) any pertinent information absent from the statement but available elsewhere. Requires such official to: (1) inform the management of such institutions of the expected nature of such statements; and (2) begin negotiations with their personnel to facilitate the conduct of environmental impact assessments. Directs the Secretary of the Treasury to: (1) make Federal personnel available upon request to assist an institution in making such assessments; (2) take steps with both donor and borrower nations to expand international consensus on environmental needs; and (3) file a detailed status report with specified congressional committees on the institution's implementation of procedures for systematically assessing the environmental impact of its activities. Directs the Council on Environmental Quality to report to certain congressional committees on the efficacy of U.S. efforts to encourage timely environmental impact assessment within international financial institutions.

Resolution· SCONRESS.Con.Res. 40 (101st)open

A concurrent resolution to designate June 21, 1989, as Chaney, Goodman, and Schwerner Day.

United States · United States Congress · 18 May 1989

Designates June 21, 1989, as Chaney, Goodman, and Schwerner Day. Expresses the sense of the Congress that the Voting Rights Act of 1965 has helped to fulfill the promise of democracy in this Nation. Reaffirms the goal of removing remaining barriers to full voter participation in this Nation.

Bill· SS. 982 (101st)open

Radiation Victims Fair Treatment Act

United States · United States Congress · 12 May 1989

Radiation Victims Fair Treatment Act - Amends the Department of Defense Authorization Act, 1985 to repeal provisions which: (1) substitute the United States as defendant in all suits against private contractors for radiation injuries arising from atomic weapons testing programs; and (2) make the Federal Tort Claims Act the sole remedy for those injuries. Details the applicability of statutes of limitations.

Resolution· SCONRESS.Con.Res. 36 (101st)referred

A concurrent resolution expressing the sense of Congress regarding the problem of geographical variations under the current medicare physician reimbursement system.

United States · United States Congress · 10 May 1989

Expresses the sense of the Congress that the problem of geographical variation in physician reimbursement under title XVIII (Medicare) of the Social Security Act needs to be addressed so that only those variations justified by regional differences in the cost of medical practice or the need to maintain access to high quality health care are permitted.