United States · United States Congress · 21 June 1989
Live Performing Arts Labor Relations Amendments - Amends the National Labor Relations Act to exclude specified types of employers and performers in the live performing arts from coverage under unfair labor practice provisions: (1) prohibiting specified contracts or agreements between employers and labor organizations; and (2) prohibiting specified actions of labor organizations to force or require cessation of dealings with others, joining of labor or employer organizations, or recognition of or negotiation with labor organizations not certified as representative. Permits such employers to: (1) agree with a labor organization to make membership in it a condition of performing arts employment; and (2) make agreements with a labor organization covering performing artists even if its majority status has not yet been established. Defines "employer" to include purchasers of live musical performance services. Defines "employee" to include independent contractors engaged to perform live musical services.
United States · United States Congress · 8 June 1989
Veterans' Agent Orange Exposure and Vietnam Service Benefits Act of 1989 - Directs the Secretary of Veterans Affairs to pay a monthly disability or death benefit to a veteran or his or her survivors for any disability or death of a veteran who served in the active forces in Vietnam during the Vietnam era and who suffered from non-Hodgkins lymphoma or a soft-tissue sarcoma. Provides an exception to the payment of such benefits when there is affirmative evidence that such disease was not incurred during such service in Vietnam or that there was an intervening disease since such service. Provides the rates for the payment of such disability or death benefit. Prohibits such payments when other disability compensation is being paid for such disability. Provides that such disabilities shall be treated as service-connected for the purposes of all laws administered by the Department of Veterans Affairs (Department). Terminates such payments as of April 15, 1992, unless extended by a joint resolution of the Congress. Outlines congressional procedures for the consideration of such joint resolution. Requires the Secretary to take all reasonable actions necessary to notify veterans and their survivors of the availability of such payments. Requires the Secretary to inform such recipients of the temporary nature of such payments. Provides that the disease of chloracne in Vietnam veterans shall be considered to have been service-connected if such disease became manifest to a ten percent degree of disability or more within one year after the last date on which the veteran performed such service in Vietnam. Provides a presumption of service-connection in the case of a Vietnam veteran suffering from a disease associated with effects of exposure to certain dioxins or other herbicide agents during such service in Vietnam. Directs the Secretary to prescribe regulations listing a positive association between any disease and the biological effects of exposure to an herbicide agent in Vietnam. Requires the Secretary to update such list continually. Requires the Secretary, in prescribing and revising such list, to obtain by contract the determinations and estimates of a contract scientific organization. Requires such organization to: (1) determine which diseases have any degree of association with the biological effects of exposure to an herbicide agent; and (2) estimate the extent of association between each such disease and each such biological effects. Requires the organization to determine such association specifically with respect to non-Hodgkins lymphoma, each soft-tissue sarcoma, lung cancer, and each other cancer. Outlines contract provisions required in such agreements between the Secretary and the scientific organization, including surveys, evaluations, and periodic determinations. Requires such scientific organizations to provide reports to the Secretary and the Senate and House Veterans' Affairs Committees regarding its determinations and evaluations. Requires such organization to determine, in the event of a positive association, whether there is a reasonable basis for concluding that a Vietnam veteran with the highest level of exposure to that herbicide agent in Vietnam was exposed to such agent under the circumstances necessary for such biological effects. Requires a report from the organization to the Secretary and the veterans' committees when there is no such reasonable basis found. Requires the Secretary to make certain determinations and follow-up reports after receiving such reports from the contract scientific organization, including the issuance of a report to the veterans' committees and the promulgation of positive association regulations, if necessary. Requires benefits to be continued even though a disease is removed from the regulations listing diseases having positive associations. Terminates such contracting authority ten years after the first day of the fiscal year in which a scientific organization transmits its first report to the Secretary. Provides interim regulations and special effective dates. Directs the Secretary to compile and analyze all clinical data that: (1) are obtained by the Department in connection with examinations and treatment of veterans for disabilities related to exposure to certain herbicides or to service in Vietnam; and (2) are likely to be scientifically useful in determining the association, if any, between the disabilities of such veterans and their exposure to such herbicides and other toxic substances. Requires the Secretary to submit an annual report to the veterans' committees concerning such analysis and its results. Directs the Secretary to consult with the Director of the Office of Technology Assessment (OTA) before compiling and analyzing such information. Requires the Director of OTA to review each annual report submitted by the Secretary and transmit to the Secretary an evaluation of the contents of each report. Directs the Secretary to establish and maintain a system for the collection and storage of voluntarily contributed samples of blood and tissue of veterans who performed active service in Vietnam during the Vietnam era. Outlines provisions concerning the security and authorized uses of such specimens, as well as limitations on the acceptance of such samples. Requires the Secretary to consult with the National Academy of Sciences (NAS) to the extent that an agreement has been reached with the NAS serving as the contract scientific organization for the Secretary. Requires the Secretary to consult with the Director of OTA in the event of no agreement with NAS. Directs the Secretary to establish a program to provide for the conduct of studies of the feasibility of conducting additional scientific research on health hazards resulting from: (1) exposure to dioxin; (2) exposure to other toxic agents in herbicides used in support of U.S. and allied military operations in Vietnam during the Vietnam era; and (3) active military, naval, or air service there. Requires the Secretary to report to the veterans' committees on the results of such studies. Requires the Secretary to consult with the NAS before undertaking such studies and requires the NAS to review such studies and report recommendations to the Secretary and the veterans' committees to the extent provided under any agreement between the Secretary and NAS. Amends the Veterans' Benefits Improvement Act of 1988 to require the Secretary to annually furnish updated information to affected veterans on health risks resulting from exposure to dioxin or other toxic agents in herbicides as a result of service in Vietnam during the Vietnam era. Directs the Secretary of Health and Human Services to report to the veterans' committees on the research being conducted to develop treatments for physiological absorption of dioxin and other toxic agents used in herbicides by the United States in Vietnam, including research relating to exposure to dioxin and other toxic agents outside Vietnam. Extends through December 31, 1993, the eligibility for hospital and nursing home care for veterans exposed to toxic substances in Vietnam. Amends the Veterans' Benefits Improvement Act of 1988 to authorize direct consultation between the Ranch Hand Advisory Committee and Department of the Air Force scientists conducting the Ranch Hand Study (a study of the long-term health effects of exposure to phenoxy herbicides and contaminants). Requires the preparation and submission of annual reports and a final report in connection with such study.
United States · United States Congress · 7 June 1989
Designates August 1, 1989, as Helsinki Human Rights Day. 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 · 6 June 1989
Amends the Tax Reform Act of 1986 to delay until 1990 the effective date of the nondiscrimination requirements for benefits provided under certain employee benefit plans. Amends the Internal Revenue Code to revise such nondiscrimination requirements by requiring the taxation of the excess health benefits of a highly compensated employee. Excludes from such requirements certain students, certain elderly, and prisoners. Imposes an excise tax on employers or employer plans if an employee benefit plan fails to satisfy certain administrative requirements. Restores prior law with respect to nondiscrimination requirements of group-term life insurance plans. Authorizes an employer to elect to use current nondiscrimination rules for years beginning 1990 or 1991 as they apply to health plans and dependent care assistance programs. Revises provisions relating to the nontaxable benefits of employers of leased employees, dependent care assistance, and group-term life insurance provided to highly compensated employees.
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.
United States · United States Congress · 18 May 1989
National Environmental Education Act - Directs the Administrator of the Environmental Protection Agency (EPA) to establish an Office of Environmental Education within the Office of External Affairs to carry out this Act. Establishes an Environmental Education and Training Program to train educational professionals in the development and delivery of environmental education and training programs and studies. Directs the Administrator to make an annual grant to an institution of higher education or nonprofit research institution to establish and operate such program. Sets forth application and eligibility requirements and criteria to be considered in awarding such grants. Authorizes the Administrator to enter into cooperative agreements or provide grants to support projects to design, demonstrate, and disseminate practices related to environmental education and training. Outlines activities eligible for grant support and priorities in awarding such grants. Requires the Administrator to publish an annual solicitation for environmental education grants. Authorizes local education agencies, colleges or universities, State education or environmental agencies, or nonprofit agencies to apply for such grants. Limits Federal funds for demonstration projects to 75 percent of the total cost, except in specified instances. Limits such grants to $100,000 and requires 25 percent of all funds obligated to be for grants of no more than $5,000. Requires the Administrator to provide for internships by postsecondary students with Federal agencies involved in environmental issues. Directs the Administrator, to the extent practicable, to support at least 150 internships annually. Makes eligible for participation in such program students enrolled at accredited colleges or universities who have successfully completed at least four courses or the equivalent in environmental sciences. Requires the Administrator to provide for a series of national awards recognizing outstanding contributions to environmental education to include: (1) the Theodore Roosevelt Award for environmental teaching or administration; (2) the Henry David Thoreau Award for literature on the environment and pollution problems; and (3) the Rachel Carson Award for film or print media for public education and information on environmental issues or problems. Provides that recipients of such awards shall be nominated by the Environmental Education Advisory Council. Requires the regional administrator of each EPA office to present an "Outstanding Environmental Educator Award" annually to a teacher or faculty member from a local education agency, college or university, or nonprofit organization in recognition of an outstanding contribution to environmental education. Establishes a National Environmental Education Advisory Council. Requires the Council to report biennially to the Congress on: (1) the extent and quality of environmental education in the Nation's schools; (2) activities conducted pursuant to this Act; (3) obstacles to improving environmental education; and (4) training and skills needed to respond to environmental problems. Establishes the Environmental Education Trust Fund to carry out this Act. Allocates funding for this Act's activities and authorizes 50 percent of penalties received under specified environmental Acts to be appropriated to the Fund.
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.
United States · United States Congress · 16 May 1989
National Cooperative Research Act Extension of 1989 - Amends the National Cooperative Research Act of 1984 to include a joint manufacturing venture within the scope of such Act as an activity that shall not be deemed illegal per se under the antitrust laws.
United States · United States Congress · 11 May 1989
National American Indian Museum Act - Establishes within the Smithsonian Institution a memorial to Native Americans to be known as the National Museum of the American Indian to provide for the study, research, collection, and exhibition of Native Americans and their culture. Designates specified areas in the District of Columbia and New York City as the sites of facilities for the Museum. Requires establishment of a facility for the conservation and storage of Museum collections at the Museum Support Center in Suitland, Maryland. Authorizes the Smithsonian to: (1) provide for the transfer of certain assets of the Heye Foundation for the benefit and use of the Museum; (2) construct such facilities; (3) provide for acquisition of Native American objects and artifacts from museums or private collections; and (4) maintain or loan objects and artifacts in the Museum collection. Establishes the Board of Trustees of the Museum. Directs the Board to: (1) recommend annual budgets for the Museum; and (2) assist the Board of Regents on matters relating to the Museum. Grants the Trustees sole authority to: (1) dispose of and acquire additional Museum property; and (2) establish policy with respect to the utilization of the Museum collections. Grants the Trustees authority to: (1) establish policy with respect to restoration, preservation, and maintenance of Museum collections; (2) solicit funds for the Museum; (3) approve expenditures from the Museum's endowment; (4) advise the Museum's Director; (5) provide for the exhibition of Native American objects and artifacts; and (6) conduct research and evaluation and educational programs with respect to the Museum collections. Requires the Trustees to submit annual reports to the Board of Regents and the Congress. Requires the Foundation's employees serving at the time of the transfer to be offered employment by the Smithsonian. Authorizes the Board of Regents to: (1) designate affiliate museums of the Museum in certain U.S. regions and in Alaska and Hawaii; and (2) establish an advisory council within each such region or State to oversee Museum curation and acquisitions and to provide necessary technical assistance for such affiliate museums. Directs the Board of Regents to: (1) identify the geographic and tribal origins of the skeletal remains of Indians and Alaska Natives in the Smithsonian; (2) conduct a study and make recommendations as to the final disposition of such remains; (3) consult with Native American traditional religious leaders in making such recommendations; and (4) report to the Congress within three years after this Act's enactment on the identity of such skeletal remains and the findings and recommendation of such study. Pledges that the United States will provide the funds needed to maintain and operate the Museum. Authorizes appropriations.
United States · United States Congress · 11 May 1989
Low-Income Housing Credit Act of 1989 - Amends the Internal Revenue Code to make permanent the low-income housing income tax credit (under current law the credit will expire after tax year 1989). Permits States a one-year carryover of unused credit authority. Assigns carryovers to the Secretary of Housing and Urban Development to allocate to eligible States applying for excess credit. Allows the credit only if an extended low-income housing commitment (beyond the current 15-year period) is in effect with respect to any building for the relevant taxable year. Describes procedures to effect transition to a non-low-income use in connection with such extensions. Permits the credit in connection with the acquisition of an existing building only if the taxpayer incurs rehabilitation expenditures of at least $3,000 per unit. Revises rent restrictions to: (1) declare unnecessary a required rent reduction below the initial rent if the median gross income of the area decreases; (2) permit higher rent if units are occupied by higher income individuals and the project has an operating deficit; (3) base income limitations on the number of bedrooms in a unit; and (4) use State median gross income in certain low-income housing status determinations. Broadens categories of existing buildings eligible for a waiver of the ten-year requirement for the low-income housing credit. Revises credit provisions relating to single-room occupancy units and special needs housing. Revises restrictions that limit credit benefits in connection with buildings financed with tax-exempt bonds and below market loans. Permits the credit to be allocated: (1) on a project basis; and (2) in connection with owner-occupied buildings of four units or less if a development plan is submitted. Directs housing credit agencies to adopt plans for allocating credit amounts among projects, prohibiting the credit with respect to any building not included in such a plan. Modifies at-risk rules in connection with buildings subject to the historic rehabilitation credit and those associated with financing provided by certain nonprofit organizations. Sets the tax credit rate on a semiannual basis rather than monthly. Increases the credit in connection with buildings in high cost areas (low-income census tracts or difficult development areas). Establishes special rules for determining the eligible basis and applying at-risk rules in connection with qualified buildings acquired in foreclosures.
United States · United States Congress · 10 May 1989
Designates the Labor Day Weekend beginning on September 2, 1989, as National Drive for Life Weekend. Calls on people to observe that weekend with a pledge to be responsible by driving sober.
United States · United States Congress · 9 May 1989
Americans with Disabilities Act of 1989 - Title I: General Prohibition Against Discrimination - Declares that it shall be discriminatory, on the basis of disability, to deny opportunities or to afford them unequally, to provide opportunities less effectively (or differently or separately, unless necessary for effectiveness), to assist an organization or individual that discriminates, or to otherwise limit opportunities enjoyed by others. Prohibits the use of standards, criteria, or administrative methods that have the purpose or effect of discrimination or perpetuate discrimination. Declares it discriminatory to deny equal opportunities because of the relationship or association of an individual with another individual with a disability. Allows as a defense to a charge of discrimination that an application of standards or criteria has been demonstrated to be both necessary and substantially related to the ability of an individual to take advantage of the essential components of the opportunity, and that the taking advantage cannot be accomplished by reasonable accommodations, modifications, or the provision of auxiliary aids or services. Title II: Employment - Prohibits discrimination by any employer, employment agency, labor organization, or joint labor-management committee against any qualified individual with a disability in job application procedures, hiring or discharge, compensation, advancement, training, and other terms, conditions, and privileges of employment. Lists types of actions construed to be discrimination. Makes the remedies set forth in specified provisions of the Civil Rights Act of 1964 and other specified Federal law available to any individual who believes that he or she is being or is about to be subjected to discrimination in violation of this Act. Title III: Public Services - Declares that no qualified individual with a disability shall be excluded from the participation in, denied the benefits of, or subjected to discrimination by a State, or by an agency, political subdivision, or other instrumentality of a State. Lists types of actions deemed, for purposes of this Act and specified provisions of the Rehabilitation Act of 1973, to be discrimination with regard to public transportation. Makes the remedies and rights set forth in specified provisions of the Rehabilitation Act of 1973 available to any individual who believes that he or she is being or is about to be subjected to discrimination in violation of this Act. Title IV: Public Accommodations and Services Operated by Private Entities - Prohibits discrimination on the basis of disability in the enjoyment of any place of public accommodation. Lists types of actions construed to be discrimination. Prohibits discrimination on the basis of disability in public transportation services provided by a private entity that is primarily engaged in transporting people, but that is not in the principal business of air transportation. Lists types of actions construed to be discrimination. Makes specified provisions of the Fair Housing Act relating to enforcement available, subject to exception, to any aggrieved individual. Title V: Telecommunications Relay Services - Defines "telecommunications relay services" to mean services that enable simultaneous communication between individuals who use telecommunications devices for the deaf (TDDs) or other nonvoice terminal devices and individuals who do not use such devices. Declares it discriminatory for any common carrier that offers telephone services to the public to fail to provide interstate or intrastate telecommunication relay services that are equal to those provided to their customers who are able to use voice services, except in any State in which services are provided through an entity designated by the State. Declares it discrimination by a State that makes such a designation if the State fails to provide interstate or intrastate relay services that are equal to those provided to their voice customers. Makes specified provisions of the Fair Housing Act relating to enforcement available, subject to exception, to any aggrieved individual. Requires the Federal Communications Commission to enforce this title. Makes specified provisions of the Communication Act of 1934 apply with respect to the enforcement of this title. Provides for cease and desist orders by the Commission and for monetary penalties. Title VI: Miscellaneous Provisions - Prohibits retaliatory discrimination against any individual because of actions related to this Act. Declares that a State shall not be immune under the 11th Amendment to the Constitution from an action in Federal court for a violation of this Act. Requires the Architectural and Transportation Barriers Compliance Board to issue minimum guidelines to supplement the existing Minimum Guidelines and Requirements for Accessible Design. Allows the awarding of reasonable attorney's fees, in certain circumstances, in any action or proceeding under this Act.
United States · United States Congress · 9 May 1989
Nuclear Regulation Reorganization and Reform Act of 1989 - Title I: Reorganization and Reform of Nuclear Energy Regulation - Subtitle A: Nuclear Safety Agency - Establishes the Nuclear Safety Agency as an independent regulatory agency to succeed the Nuclear Regulatory Commission. Sets forth the Agency's officers and administration, including an Administrator to be appointed by the President with the advice and consent of the Senate. Abolishes the Nuclear Regulatory Commission. Amends the Atomic Energy Act of 1954 to require the Administrator of the Nuclear Safety Agency to establish one or more licensing boards to consider applications for the construction of nuclear waste repositories. Requires the Nuclear Waste Technical Review Board to nominate persons for appointment to the licensing board. Subtitle B: Office of Investigations - Amends the Energy Reorganization Act of 1974 to establish an Office of Investigations in the Agency to investigate possible violations of nuclear energy statutes within the Administrator's enforcement purview. Requires the Assistant Administrator to report Federal criminal law violations to the Attorney General. Requires the Agency and the Attorney General to coordinate their enforcement and prosecution activities. Subtitle C: Nuclear Reactor Safety Investigations Board - Establishes the Nuclear Reactor Safety Investigations Board within the Nuclear Safety Agency to investigate independently any significant safety events arising out of activities at production or utilization facilities licensed by the Agency. Defines significant safety events which may have adverse effects on public health or safety. Requires the Board to submit a written report of its findings and recommendations to the Administrator, who must respond to such report in writing. Mandates that the Board's recommendations and the Administrator's response be made available to the public and the Congress. Sets forth the Board's investigative parameters. Requires the Board to submit an annual activities report to the Congress. Transfers those Agency functions to the Board which the Administrator determines to be appropriate, but precludes the transfer of program operating responsibilities. Authorizes appropriations for FY 1989 through 1994. Subtitle D: Separability - Declares that the remainder of this title shall not be affected if any of its provisions or applications of its provisions is held invalid. Subtitle E: Effective Date - Sets forth the effective dates of this title. Title II: Miscellaneous Provisions - Amends the Energy Reorganization Act of 1974 to change the nature of the parties required to give notice of nonconformance with safety regulations and laws from firm directors and responsible individuals to firms or individuals generally. Authorizes the Administrator to issue regulations to ensure compliance with safety regulations, requiring firms to implement procedures to identify, evaluate, and report defects. Subjects regulation violators to civil penalties. Amends the Atomic Energy Act of 1954 to include within the scope of security-related safeguards information any generic studies, reports, and analyses containing information that would provide substantial assistance in compromising or negating a licensee's security measures to protect nuclear material or facilities or in targeting vital plant equipment. Sets forth conditions under which the Secretary may accept for storage any low-level radioactive waste with radionuclides exceeding the Class C limits that is owned or generated under Agency regulations. Requires a comprehensive report to the Congress before any such waste is accepted. Mandates that such radioactive wastes be stored or disposed of only in facilities licensed by the Agency, and that federally-operated facilities for such wastes be licensed only by the Agency. Requires the Administrator to submit a quarterly report to certain congressional committees on the status of the Agency's implementation of the Nuclear Waste Policy Act. Precludes the Nuclear Safety Agency from designating a permanent disposal site for low-level nuclear wastes in West Chicago, Illinois, until it has studied alternative sites to determine the safest one available.
United States · United States Congress · 1 May 1989
National Voter Registration Act of 1989 - Requires each State to establish procedures with respect to presidential and congressional elections to permit voter registration by: (1) application in person simultaneously with application for a motor vehicle driver's license; (2) mail application; or (3) application in person at designated Federal, State, and private sector locations. Declares that this Act does not apply to any State that has no voter registration requirement with respect to presidential and congressional elections. Requires each State to: (1) assure that any eligible applicant who submits his or her application 25 days before the election is registered to vote in the election; (2) require the appropriate State election official to notify each applicant of the disposition of the application; and (3) provide that the name of a voter may not be removed from the official list of eligible voters except by reason of death, criminal conviction, mental incapacity, change in residence, failure to vote in two consecutive elections, or voter request. Requires each State to designate a chief State election official to coordinate State functions under this Act. Provides a private right of action for an individual aggrieved by a violation of this Act.
United States · United States Congress · 19 April 1989
Consumer Protection Against Price-Fixing Act of 1989 - Amends the Sherman Act to set forth evidentiary standards for price-fixing actions. Requires the court to allow the issue of concerted action to fix prices to be decided by the trier of fact if there is sufficient evidence from which a trier of fact could reasonably conclude that: (1) the supplier of a good or service received from a competitor of a reseller an express or implied suggestion, request, or demand that the supplier take steps to curtail or eliminate price competition; and (2) sales or supplies to the reseller were terminated by the supplier because of such communication. Prohibits the court from allowing the trier of fact to consider whether an individual and a competitor engaged in concerted action to set prices in violation of this Act if the court determines that the trier of fact could only find concerted action by making implausible inferences. Provides that the fact that a supplier and a reseller entered into an agreement to establish the resale price of a good or service shall be sufficient to constitute a price fixing violation, except when the agreement is to establish the maximum resale price of a good or service. Specifies that an agreement between the seller and the purchaser of a good or service to terminate another purchaser as a dealer or to refuse to supply such other purchaser because of that purchaser's pricing policies violates this Act, regardless of whether or not a specific price or price level is agreed upon.
United States · United States Congress · 18 April 1989
Declares that it is a shared responsibility of both the public and private sectors at the Federal, State, and local levels to take the necessary steps to remove existing barriers to access to quality health care for every child and pregnant woman.
United States · United States Congress · 11 April 1989
Establishes a special statute of limitations for income tax credits or refunds based on overpayments attributable to the taxpayer's failure to take proper credit for amounts withheld by employers or other income payors with respect to tax year 1985, permitting a refund or credit if the claim is filed on or before April 15, 1990.
United States · United States Congress · 6 April 1989
Insurance Competition Improvement Act of 1989 - Amends the McCarran-Ferguson Act to limit the Federal antitrust exemption of the business of insurance to the following activities of the insurance industry, subject to specified conditions: (1) collection and dissemination of historical data on paid claims or reserves for reported claims; (2) preparation and filing of policy forms and endorsements; (3) conducting research and on-site inspections to prepare classifications of public fire defenses; (4) collection and dissemination of information regarding fraudulent claims and practices; and (5) participation in joint underwriting, pools, and residual market mechanisms that are approved or that do not unreasonably restrain trade. Authorizes States to require workers' compensation and employers' liability insurers to adhere to a uniform classification system and uniform rating plan, but prohibits such insurers from agreeing among themselves to use any rate.
United States · United States Congress · 6 April 1989
Amends the Water Resources Research Act of 1984 to reauthorize the grant program for water resources research and technology institutes on a dollar-for-dollar matching basis for FY 1989 through 1993. Requires that such funds be used only for the reimbursement of direct cost expenditures incurred for the conduct of the water resources research program. Directs the Secretary of the Interior to conduct an evaluation of each institute every five years to determine if it qualifies for further support. (Currently the Secretary must make such determination every four years.) Extends the authorization of appropriations for the grant program from FY 1989 through 1993. Authorizes appropriations for FY 1989 through 1993 only for the reimbursement of the direct cost expenses of additional research by institutes which focuses on water problems and issues of a regional or interstate nature beyond those of concern only to a single State and which relates to specific program priorities identified jointly by the Secretary and the institutes. Requires such funds when appropriated to be matched on a not less than dollar-for-dollar basis by non-Federal sources. Extends the authorization of appropriations from FY 1989 through 1993 for the matching grant research program concerning any aspect of a water resource-related problem which the Secretary deems to be in the national interest. Authorizes appropriations to extend the technology grant program from FY 1989 through 1993. Requires rules and regulations issued prior to the date of enactment of the Water Resources Research Act of 1984 to remain in effect until superseded by new rules and regulations promulgated under this Act.
United States · United States Congress · 4 April 1989
Employee Pension Protection Act of 1989 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to revise fiduciary standards applicable to pension plan assets to account for duties with respect to assets of terminated plans. Establishes fiduciary standards to apply to employer reversions upon plan termination, requiring an employer to establish and maintain a complete replacement plan or a substantial replacement plan in connection with the termination. Prescribes requirements to govern both types of plans. Links the establishment of either of these new plans to the amount of any employer reversion, requiring the new plans to have assets sufficient to pay all liabilities to participants and their beneficiaries. Considers any plan fiduciary or sponsor to be jointly and severally liable for violation of ERISA if requirements regarding complete replacement or substantial replacement plans are not met at any time during the five-year period beginning on the date of final distribution of assets from the terminated plan. Describes fiduciary duties to govern the distribution of plan assets to participants and beneficiaries upon plan termination in cases when the employer does not set up a replacement or substantial replacement plan. Institutes fiduciary duties with respect to distributions of plan assets upon termination in direct trustee-to-trustee transfers to individual retirement plans. Directs the Secretary of Labor to prescribe reporting requirements in connection with these transfers.
United States · United States Congress · 4 April 1989
Oil Pollution Liability and Compensation Act of 1989 - Title I: Oil Pollution Liability and Compensation - Establishes the Oil Spill Compensation Fund. Makes vessel owners or operators of onshore or offshore facilities liable for removal costs and for economic or natural resource damages, including: (1) injury or loss of real or personal property or natural resources; (2) loss of use (including subsistence use) of natural resources; (3) loss or impairment of income, profits, or earning capacity; and (4) loss of Federal and State tax, royalty, rental, or net profits share revenue for up to one year. Establishes liability limits for: (1) owners and operators of tankers; (2) other vessel owners; (3) lessees and permittees of Outer Continental Shelf facilities; (4) deepwater port facility owners; and (5) other facility owners. Excludes interest (including prejudgment interest) from such limits. Authorizes the President to establish lower liability limits for other onshore or offshore facilities. Requires the periodic adjustment of liability limits to reflect increases in the Consumer Price Index. Makes the President (or the authorized representative of any State or foreign government) the trustee to act on behalf of the public to recover damages for injury to Federal, State, or foreign government natural resources. Requires the President, acting through the Administrator of the National Oceanic and Atmospheric Administration, to promulgate regulations within two years of enactment of this Act for the assessment of damages for injury to natural resources resulting from an oil discharge. Requires that such regulations be reviewed and revised (if necessary) every two years. Makes the owner or operator of a vessel liable under: (1) this Act; (2) maritime tort law; and (3) the Clean Water Act. Directs the President to use the money in the Oil Spill Compensation Fund for specified removal costs and damages. Requires the President to publish regulations regarding implementation of the authority to obligate the Fund or enter into agreements. Authorizes States to obligate the Fund for a maximum of $250,000 per discharge or substantial threat of discharge of oil and to enter into agreements with the President for additional Fund monies. Provides that the Attorney General (upon request of the President) shall commence an action against the responsible foreign government or other responsible party to recover any costs paid from the Fund as a result of oil discharge or substantial threat of discharge from a foreign offshore unit. Requires the owner or operator of certain-size vessels and offshore facilities to establish financial responsibility sufficient to meet the maximum amount of liability to which such persons could be subjected under this Act. Provides for judicial review of regulations and actions under this Act. Grants State courts jurisdiction to hear cases under this Act, as well as under State law. Permits the States to impose additional liability or requirements regarding oil discharges within their borders. Retains the rights of the States to maintain a fund for oil pollution compensation. Authorizes States to enforce the financial responsibility requirements of this Act. Requires the President to consult with affected States regarding removal actions. Requires the President to report to the Congress within one year after enactment of this Act regarding a study on improved methods for oil discharge prevention in restricted waters. Amends the Federal Water Pollution Control Act to direct (current law authorizes) the President to remove oil at any time unless the President finds that such removal will be done properly and promptly by the owner or operator of the vessel or facility. Title II: Conforming Amendments - Makes conforming amendments to the following Acts: (1) the Trans-Alaska Pipeline Authorization Act; (2) the Intervention on the High Seas Act; (3) the Clean Water Act; (4) the Deepwater Port Act; and (5) the Outer Continental Shelf Lands Act. Amends the Trans-Alaska Pipeline Authorization Act to abolish the Trans-Alaska Pipeline Liability Fund. Replaces the Trans-Alaska Pipeline Liability Fund and the Deepwater Port Liability Fund with the Oil Spill Compensation Fund of this Act. Repeals the oil spill liability provisions of the Outer Continental Shelf Lands Act Amendments of 1978 (thereby replacing the Offshore Oil Pollution Compensation Fund under that Act with the Oil Spill Compensation Fund established in this Act). Amends the Clean Water Act to: (1) require persons in charge of a vessel or onshore facility who have knowledge of an oil discharge to immediately notify the affected State; and (2) increase from one year to three years the prison term for failure to report such discharge.
United States · United States Congress · 17 March 1989
Amends the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 to revise the requirement for an annual report by the President on foreign country support of U.S. foreign policy. Requires the President to submit a report which assesses: (1) the voting practices at the United Nations by member nations and the extent to which such nations supported the United States; (2) actions taken by the United Nations by consensus; (3) plenary votes of the United Nations General Assembly; and (4) Security Council votes and the extent to which other countries supported U.S. policy objectives. Requires such report to contain a statement by the Secretary of State regarding steps taken to inform U.S. diplomatic missions of United Nations General Assembly and Security Council activities.
United States · United States Congress · 16 March 1989
Increases from $500 to $50,000 the claim amount the Attorney General may settle in any one case arising from a claim for personal injury, death, or damage to, or loss of, privately owned property caused by any officer or employee of the Federal Bureau of Investigation, Drug Enforcement Administration, U.S. Marshals Service, or Immigration and Naturalization Service acting within the scope of employment. Requires the Attorney General to report annually to the Congress on any such settlements.
United States · United States Congress · 16 March 1989
Authorizes the Alpha Phi Alpha Fraternity to establish a memorial to Martin Luther King, Jr., in the District of Columbia and its environs. Prohibits the United States from paying any expense of establishing the memorial.
United States · United States Congress · 15 March 1989
Pollution Prevention Act of 1989 - Establishes within the Environmental Protection Agency (EPA) an office to promote pollution prevention through source reduction. Requires the EPA Administrator to develop and implement a source reduction strategy which: (1) establishes standard methods for measuring source reduction; (2) coordinates and promotes source reduction activities and techniques in Federal agencies, businesses, and educational curricula; (3) coordinates and streamlines data collection requirements under existing environmental statutes and identifies data gaps with respect to the measurement of hazardous substances, pollution, or contamination generation and management practices; (4) makes recommendations to the Congress to eliminate barriers to source reduction including the use of incentives; (5) develops and disseminates model source reduction auditing procedures designed to highlight source reduction opportunities; and (6) promotes source reduction for nonhazardous wastes. Directs the Administrator to make matching grants to States for programs to promote source reduction by businesses. Sets forth criteria to be evaluated in the awarding of such grants. Limits the percentage of funds for such programs that may be Federal funds to 75 percent in FY 1990 and 1991, 62.5 percent in FY 1992 and 1993, and 50 percent in FY 1994. Requires the Administrator to establish a Source Reduction Clearinghouse to compile a computer data base which contains information on management, technical, and operational approaches to source reduction. Directs the Administrator to make such information available to the public. Directs owners or operators of facilities required to file annual toxic chemical release forms under the Superfund Amendments and Reauthorization Act of 1986 (SARA) to include with each such filing a toxic chemical source reduction and pollution control report. Sets forth items to be included in such reports, including: (1) the quantity of each chemical entering any waste stream prior to recycling, treatment, or disposal during the reporting year, and the two years thereafter, and the percentage change from the previous year; (2) the source reduction practices used with respect to such chemicals; (3) a ratio of production in the reporting year to production in the previous year; (4) the total volume of each such chemical that was recycled, treated, or disposed during the reporting year; and (5) the amount of any hazardous substances, pollutants, or contaminants released which resulted from remedial action and not from current production processes. Directs the Administrator to collect certain waste stream information from a sample of facilities drawn from classifications producing the highest volume of toxic chemicals entering the waste stream. Makes provisions of SARA applicable to the reporting requirements of this Act. Directs the Administrator to make data collected under this Act publicly available in the same manner as data collected under SARA. Establishes the National Pollution Prevention Award. Directs the President or the Administrator to make the award to companies or organizations which have benefited the economic or social well-being of the United States through reduction in the generation of hazardous substances, pollutants, contaminants, or nonhazardous solid waste. Authorizes organizations which receive such award and agree to help other American organizations improve source reduction to publicize such award. Makes such organizations ineligible to receive another award in the same category for a period of five years. Authorizes the Administrator to establish categories to make such awards and sets forth application and qualification criteria. Authorizes the Administrator to seek and accept gifts from private and public sources to carry out such program. Requires the Administrator to report to the Congress by September 30, 1991, and biennially thereafter on actions and results of the source reduction strategy. Authorizes and allocates appropriations for FY 1990 through 1994.
United States · United States Congress · 15 March 1989
Independent Nuclear Safety Board Act of 1989 - Amends the Energy Reorganization Act of 1974 to establish the Independent Nuclear Safety Board. Directs the Board to: (1) investigate events under Nuclear Regulatory Commission jurisdiction which could adversely affect public health and safety; and (2) recommend to the Commission and to the Congress measures to minimize threats to public safety. Requires the Commission to respond in writing to such recommendations, and to provide explanations for its inaction on recommendations it chooses to reject. Authorizes the Board to hold hearings and to issue subpoenas for the attendance and testimony of witnesses. Directs the Board to issue periodic reports to the Congress and various government agencies affected by activities subject to Commission jurisdiction. Requires such reports to contain: (1) specific recommendations to reduce the likelihood of nuclear events similar to those investigated by the Board; and (2) recommended corrective measures to improve safety conditions at nuclear facilities. Transfers to the Board all functions of the Office for the Analysis and Evaluation of Operational Data which relate to the Board's functions and authorities, including such personnel as the Director of the Office of Management and Budget determines are necessary. Authorizes appropriations for FY 1990 through 1995. Terminates such Board at the end of FY 1995.
United States · United States Congress · 15 March 1989
Research and Experimental Credit Extension and Reform Act of 1989 - Amends the Internal Revenue Code to make permanent the income tax credit for qualified research expenditures by repealing the provisions that would terminate the credit for expenses incurred or paid after 1989. Revises the method for computing: (1) base period research expenses, adding a factor reflecting the gross national product growth rate; and (2) the tax credit, adding an alternative computation component. Applies the credit to in-house research expenses that the taxpayer pays or incurs for the principal purpose of using the research results in the active conduct of a future trade or business.
United States · United States Congress · 15 March 1989
Provides for an appropriate POW/MIA flag to be displayed on Federal buildings until there is a satisfactory accounting of POW/MIAs in Southeast Asia. Authorizes appropriations.
United States · United States Congress · 15 March 1989
Commends the cable television industry on the tenth anniversary of the Cable Satellite Public Affairs Network (C-SPAN) for its contribution toward informing and educating U.S. citizens.
United States · United States Congress · 9 March 1989
Recognizes the National Fallen Firefighters' Memorial at the National Fire Academy in Emmitsburg, Maryland, as the official national memorial to volunteer and career firefighters who die in the line of duty.
![Official portrait of Sen. Biden, Joseph R., Jr. [D-DE]](https://www.congress.gov/img/member/b000444_200.jpg)