United States · United States Congress · 3 January 1989
Fairness in Broadcasting Act of 1989 - Expresses the findings of the Congress that the Fairness Doctrine: (1) fairly reflects the statutory obligations of broadcasters; (2) received statutory approval from the Congress in 1959; and (3) reasonably balances first amendment rights. Amends the Communications Act of 1934 to require broadcast licensees to provide a reasonable opportunity for the discussion of conflicting views on issues of public importance. Requires enforcement and application of such requirement to be consistent with the rules and policies of the Federal Communications Commission in effect on January 1, 1987.
United States · United States Congress · 3 January 1989
Congressional Budget Reform Act of 1989 - Amends the Congressional Budget and Impoundment Control Act of 1974 to change all requirements for a concurrent resolution on the budget to requirements for a joint resolution on the budget. Amends the Rules of the House of Representatives to repeal rule XLIX relating to the establishment of a statutory limit on the public debt.
United States · United States Congress · 3 January 1989
Prohibits any court in a product liability action from issuing an order forbidding disclosure of discovered information relevant to product safety to: (1) any Government agency with responsibility for such product; and (2) any attorney representing a client with a similar product liability action. Conditions such disclosures on the Government agency's having procedures, and on the agreement of such attorneys to appropriate court orders, which prevent unauthorized disclosure of trade secrets to the public.
United States · United States Congress · 3 January 1989
Requires product manufacturers to retain for 25 years all documents and other materials which are reasonably related to product safety and which come within their or their agents' possession, custody, or control, including studies of risks or reports of illnesses or injuries. Requires claimants or parties in product liability actions, or anyone who anticipates being a claimant or party to such an action, to retain all material, documents, and other data that are relevant or may lead to the discovery of evidence relevant to that claim or action. Requires courts to: (1) order the relevant evidence to be conclusively established in a manner adverse to any party that willfully violates this Act; and (2) assess civil penalties and the other party's legal costs against manufacturers who commit such violations. Authorizes courts to establish a rebuttable presumption construing the relevant evidence in a manner adverse to any party who nonwillfully violates this Act.
United States · United States Congress · 3 January 1989
Federal Employees Long-Term Health Care Act - Directs the Office of Personnel Management (OPM) to conduct, during calendar years 1990 through 1992, a demonstration project to determine the feasibility and desirability of establishing, on a permanent basis, the concept of a social health maintenance organization for Federal employees and their families. Limits the contractor for such a project to certain comprehensive medical plans. Specifies the terms and conditions of the project contract, including benefits: (1) without any deductible; and (2) limited to expenses totaling at most $18,000 per calendar year, with the individual being liable for 25 percent of any such expenses. States that the project shall be designed by OPM, participating carriers, and a consultant contracted for by OPM. Requires periodic written evaluations of the project by the consultant, to be submitted to OPM and certain congressional committees. Authorizes appropriations for FY 1990 through 1992.
United States · United States Congress · 3 January 1989
Overseas Teachers Act - Amends the Defense Department Overseas Teachers Pay and Personnel Practices Act with respect to teacher recruitment, leave, compensation, conditions of employment, and entry into competitive service.
United States · United States Congress · 3 January 1989
Requires the Secretary of Commerce to ensure that each questionnaire used in a decennial census contain at least one question relating to race or ethnic origin. Requires the question to include: (1) each group identified in the 1980 decennial census; and (2) a means to write in any group not specified. Requires the Secretary, in carrying out any decennial census, to tabulate and make public the general population of Asian Americans and Pacific Islanders both by total and by groups. Declares that the amendments made by this Act may not serve as a basis in the 1990 census for modifying questions relating to Hispanic origin or race.
United States · United States Congress · 3 January 1989
Amends title VII (Equal Employment Opportunity) of the Civil Rights Act of 1964 to make it an unlawful employment practice to discriminate against any individual who is physically or mentally handicapped.
United States · United States Congress · 3 January 1989
Amends the Federal Salary Act of 1967 to provide that the Commission on Executive, Legislative, and Judicial Salaries shall determine the rates of pay for administrative law judges.
United States · United States Congress · 3 January 1989
Provides that the Tax Reform Act of 1986 shall be applied and administered as if the three-year basis recovery rule applicable to government employees' annuities had not been repealed.
United States · United States Congress · 3 January 1989
Federal Employees Health Benefits Reform Act - Increases the amount of the Government's contribution for an employee enrolled in an employee health benefits plan from 60 to 75 percent of the average subscription charge for such plan. Increases the maximum Government contribution for an enrollee from 75 to 100 percent of such subscription charge. Requires payment of a Government differential equal to five percent of the average subscription charge, in addition to the Government's contribution, for any enrollee who is over 65 years of age and not entitled to Medicare benefits. Excludes such differential in determining the amount to be paid by the enrollee. Permits certain persons to elect to continue coverage under a Federal employees' health benefits plan for a specified period. Requires such persons who elect to continue coverage to pay into the Employees Health Benefits Fund an amount equal to the sum of employee and agency contributions paid for the same level of benefits. Allows annuitants whose annuity is less than the amount required to be withheld for enrollment in a health benefits plan to pay the amount of any deficiency required for enrollment. Requires contracts for employee organization plans to require carriers to: (1) enter into an agreement approved by the Office of Personnel Management (OPM) with an underwriting subcontractor licensed to issue group health insurance in all States and the District of Columbia; and (2) meet minimum financial standards prescribed by OPM. Requires the service benefit plan and the indemnity benefit plan to provide, in addition to all currently authorized benefits: (1) nervous and mental disorder benefits; (2) alcoholism and substance abuse treatment and rehabilitation benefits; and (3) comprehensive dental benefits. Prohibits the OPM from entering into a contract with a carrier for any health benefits plan which does not provide 95 percent of the benefits that such plan or the most similar plan provided during the preceding year, unless the carrier and the OPM mutually agree to waive such requirement. Prohibits the OPM from entering into a contract for a health benefits plan which excludes anyone because of nonactive employee status.
United States · United States Congress · 3 January 1989
Federal Employees Health Care Freedom-of-Choice Act - Amends provisions relating to Federal employee health benefits to authorize direct payment or reimbursement for services performed by a: (1) chiropractor; (2) marriage family therapist; (3) nurse midwife, nurse practitioner, and any other nurse; and (4) mental health counselor. Declares that this Act does not supersede or preempt any State or local law which relates to licensing or certification of health practitioners.
United States · United States Congress · 3 January 1989
Directs the Office of Personnel Management (OPM) to conduct, during calendar years 1990 through 1992, a demonstration project to determine the feasibility and desirability of including certain benefits relating to the treatment of drug abuse and alcohol abuse among the types of benefits provided under health insurance plans for Federal employees. Requires OPM to coordinate such project with other related programs and to make a final report to specified congressional committees not later than April 1, 1993. Authorizes appropriations.
United States · United States Congress · 3 January 1989
Equal Employment Opportunity Commission Amendments of 1987 - Amends the Civil Rights Act of 1964 to authorize the Equal Employment Opportunity Commission to request a head of a Federal agency, department, or unit to appear before the Commission and explain the reason for failing to submit an equal employment opportunity plan. Directs the Commission, after an opportunity for a hearing, to order submission of a plan. Requires the Commission to enforce compliance with such order. Authorizes the Commission to initiate disciplinary action, including the withholding of pay, against any officer or employee responsible for failure to comply with an order. States that equal employment opportunity plans shall include the numerical employment goals established by an agency in its minority recruitment program and that each agency should establish numerical employment goals for the purpose of complying with affirmative action plans.
United States · United States Congress · 3 January 1989
Department of Arts and Humanities Organization Act - Establishes an executive department to be known as the Department of Arts and Humanities. Sets forth provisions for a Secretary of Arts and Humanities and other officers and employees of such Department. Directs the Secretary to submit an annual report to the President, for transmittal to the Congress, on Department activities.
United States · United States Congress · 3 January 1989
Directs the Board of Regents of the Smithsonian Institution to construct, expand, and renovate facilities at the Cooper-Hewitt Museum in New York, New York, in accordance with the master plan for such project. Authorizes appropriations to the Board for FY 1990 and subsequent fiscal years in an amount equal to one-half the total cost of the project. Prohibits the use of appropriations until the Comptroller General determines that one-half of the total project cost is available to the Board from non-Federal sources. Provides for transfer of any portion of such funds to the General Services Administration to carry out such project. Provides that the Cooper-Hewitt Museum shall also be known as the National Museum of Design.
United States · United States Congress · 3 January 1989
Amends the Legislative Reorganization Act of 1946 to provide for adjustments in rates of pay for Members of Congress to be deferred until the beginning of the Congress following the Congress in which they would otherwise occur. Requires adjustments to presidential pay recommendations to be made before any adjustments made pursuant to the General Schedule. Prohibits such adjustments from exceeding certain cost-of-living increases under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act.
United States · United States Congress · 3 January 1989
Visually Impaired Voters Assistance Act of 1987 - Requires each State to make enlarged print voting aids and ballots available to visually impaired voters in Federal elections. Requires the chief election officer of each State to provide public notice, adapted to reach visually impaired voters, of the availability of materials under this Act. Directs the Federal Election Commission to report to the Congress, not later than one year after enactment of this Act, on the voting aids available to blind voters with respect to Federal elections in each State.
United States · United States Congress · 3 January 1989
Organ Transplant Assistance Act of 1989 - Amends the Internal Revenue Code to allow taxpayers to indicate on their income tax returns their election to include a cash contribution of at least one dollar, to be used for organ transplant assistance. Establishes in the Treasury the National Organ Transplant Assistance Trust Fund to receive such amounts designated on tax returns. Establishes a program through which Trust Fund monies will be used to finance grants to health care facilities where organ transplants are performed to assist them in providing transplants for individuals unable to afford them. Sets forth general criteria to govern these grants.
United States · United States Congress · 3 January 1989
Amends the Federal Food, Drug, and Cosmetic Act to declare a food which contains vitamins or minerals, an herbal food, or a food which is for special dietary use or otherwise makes a health or nutrition claim to be misbranded, unless its label and advertising includes a listing of a toll-free telephone line maintained by its manufacturer to provide information respecting its ingredients. Declares a drug which is not subject to certain exemptions misbranded unless its labeling and advertising includes a reference to a toll-free telephone line maintained by its manufacturer to provide information on the drug.
United States · United States Congress · 3 January 1989
Amends the Federal Unemployment Tax Act to institute discretionary denial of unemployment benefits between academic terms to employees serving educational institutions in nonprofessional positions. (Under current law denial is mandatory.)
United States · United States Congress · 3 January 1989
Standardization of Measurement Act of 1989 - Establishes a system of standardization of measurement of high strength steel bolts. Requires the Director of the National Institute of Standards and Technology (NIST) to: (1) issue regulations to establish an approval program for accreditation of laboratories inspecting and testing bolts; (2) publish notice that NIST is prepared to accept applications for accreditation of such laboratories; and (3) set forth conditions under which accreditation of foreign laboratories by their governments meets requirements of this Act. Provides that, during its first year, such approval program shall use standards issued by one or more voluntary consensus standards organization selected by the Director, who shall notify the Congress of such choice. Authorizes the Director, after such year, to substitute other standards and to modify or update them as necessary. Requires that costs of such approval program be fully reimbursable to NIST through fees or other charges for accreditation services. Requires the Director to transmit recommendations and information to appropriate standards organizations. Prohibits, effective January 1, 1991, any bolt from being certified as a high strength steel bolt unless it: (1) comes from a lot conforming to the standards and specifications to which the manufacturer represents it has been manufactured or to which it was ordered by the purchaser; and (2) is evaluated by accredited laboratories or, if a foreign laboratory, is deemed to satisfy accreditation requirements of this Act.
United States · United States Congress · 3 January 1989
Northern Ireland Fair Employment Incentive Act of 1989 - Removes Internal Revenue Code limitations on the amount of the foreign tax credit available with respect to taxes imposed on foreign source income generated in connection with a manufacturing facility located in a high unemployment area of Northern Ireland if 40 percent or more of the facility's employees are members of a religious minority in Northern Ireland. Reduces the foreign tax credit for entities that have operations in Northern Ireland and are in violation of a fair employment standard there during the pertinent taxable year. Prescribes these standards to include conditions to assure both avoidance of religious or political discrimination and the practice of equal opportunity and affirmative action programs. Requires affected taxpayers to present annual compliance reports to the Secretary of the Treasury. Penalizes entities that fail to report. Revises the definition of "subpart F income" (types of income generally suited to tax haven activity) to exclude from tax deferral provisions amounts attributable to the Northern Ireland sourced income of entities in violation of the fair employment standards.
United States · United States Congress · 3 January 1989
Amends the Internal Revenue Code to permit an individual income tax deduction for amounts spent to make the taxpayer's principal residence more accessible to and usable by handicapped individuals and elderly individuals.
United States · United States Congress · 3 January 1989
Child Development and Education Act of 1989 - Authorizes appropriations for FY 1990 through 1994, if appropriations under specified provisions of the Head Start Act equal or exceed specified amounts in the relevant fiscal years. Allocates the aggregate amount appropriated for this Act, one-third each to carry out: (1) the expanded program under the Head Start Act, as amended by title I of this Act; (2) the School-Based Child Care and Development program under the new title VIII of the Elementary and Secondary Education Act of 1965, as amended by title II of this Act; and (3) the Infant and Toddler Child Care Act, as added by title III of this Act. Title I: Expanded Head Start - Amends the Head Start Act to provide for child care services throughout the year for children who participate or are eligible to participate in Head Start programs. Authorizes Head Start programs to provide child care services. Extends through FY 1994 the authorization of appropriations for Head Start programs. Authorizes Head Start programs to use additional funds under this Act (if the parents are working or attending a job training or educational program) for: (1) full-working-day (at least ten hours) child care services throughout the year to children participating in Head Start programs; and (2) part-day and full-working-day child care services throughout the year to children eligible to participate in Head Start programs. Allows the use of up to 50 percent of such funds to provide Head Start services to children: (1) who are otherwise ineligible under specified provisions; (2) whose family income is greater than the poverty line but less than 150 percent of the lower living standard income level (LLSIL); and (3) whose parents are working or attending a job training or educational program. Requires payment of sliding scale fees for a portion of such services from parents whose income exceeds the LLSIL or whose children receive such services under the expanded eligibility provisions. Title II: School-Based Child Care and Development - Amends the Elementary and Secondary Education Act of 1965 to establish a new title VIII program of grants to States for school-based child care or early childhood development programs. Requires local educational agencies (LEAs) to use such funds to expand or establish a school-based child care or early childhood development programs that meet specified requirements. Mandates provision of such programs: (1) at no cost to families with income not more than 100 percent of the LLSIL; and (2) on an income-based fee schedule to families with income not more than 150 percent of the LLSIL. Requires the early childhood development program to include four-year-olds from such families to the extent such no-cost services are not available under the Head Start Act. Requires the before- and after-school care program to cover such families where: (1) the parent or parents work or are in education or training programs; and (2) the children attend early childhood development programs or regular kindergarten, elementary, or secondary school classes. Requires inclusion of private school children. Sets forth standards for such early childhood development programs, including requirements for adequate and nutritious meals and snacks, and, if practicable, health and social services. Sets forth program requirements for State educational agencies which wish to participate in the program to make specified assurances, including commitment to participate in a State interagency task force on child care. Requires each State to distribute at least 90 percent of grant payments from the Secretary of Education to eligible LEAs. Title III: Infant and Toddler Child Care - Infant and Toddler Child Care Act - Establishes a program of grants to States for infant and toddler child care programs. Makes eligible for such programs children under three whose family income does not exceed 150 percent of the LLSIL and who: (1) reside with one or more parents, each of whom is working, seeking employment, or attending a job training or educational program; or (2) are receiving, or need to receive, protective services and reside with a parent or parents not described in clause (1). Requires an appropriate State agency to act as the lead agency for such program. Requires a State advisory committee on child care and local advisory councils for such program. Requires that providers provide services to a reasonable mix of children, including those from different socioeconomic backgrounds and those with handicapping conditions. Requires States to use at least 75 percent of their allotment to provide child care services to eligible children on a sliding fee scale basis, using specified funding methods and giving priority to children whose families have very low income (and who pay no fee). Requires program funds to be distributed: (1) to a variety of types of child care providers, including center-based, group home, and family providers; and (2) equitably among rural and urban areas. Requires provision of child care services through contracts or grants to eligible providers or through grants to local governments that agree to contract with eligible providers. Authorizes the Secretary of Health and Human Services to make planning grants to States under specified conditions. Makes a State ineligible for assistance under this title five years after the Secretary establishes minimum child care standards, unless the State demonstrates that all child care providers in the State required to be licensed and regulated: (1) are so licensed and regulated; (2) satisfy the minimum standards; and (3) are subject to the enforcement provisions referred to in the State plan. Requires each participating State to establish a State advisory committee on child care. Requires such committees to review State licensing authority and to report to the Governor. Sets forth requirements for State-funded resource and referral programs. Requires participating States to require, within two years, that all employed or self-employed individuals who provide licensed or regulated child care services in the State complete annually at least 15 hours of training in specified areas. Directs States to make grants and contracts with various entities for training and technical assistance for child care providers. Directs States to provide scholarship assistance to: (1) individuals who seek a nationally recognized child development associate credential for child care, and whose income does not exceed the poverty line by more than 50 percent; and (2) caregivers who seek to obtain the required annual training and whose income does not exceed the poverty line. Directs the State lead agency to establish a clearinghouse for training materials. Directs States to use a portion of program funds for various activities to encourage businesses (especially small businesses) to support or provide child care services to a reasonable mix of children of employees and nonemployees. Requires consultation with a business task force and the State economic development agency. Establishes the position of the Administrator of Child Care in the Department of Health and Human Services (HHS). Requires the Administrator to: (1) coordinate all HHS activities relating to child care with similar activities of other Federal agencies; (2) annually collect and publish State child care standards; (3) evaluate activities funded under this title; (4) act as a clearinghouse for materials related to areas of required annual training and to studies of salaries for child care employees; and (5) provide technical assistance to States. Sets forth Federal enforcement provisions. Sets the Federal share of program costs at 80 percent (85 percent if a State makes a required demonstration of compliance throughout a fiscal year). Prohibits States from requiring any private provider of child care to contribute to the State share. Establishes the National Advisory Committee on Child Care Standards. Requires the Committee to: (1) review Federal policies with respect to child care services; (2) submit to the Secretary proposed minimum standards; and (3) develop and make available model requirements for resource and referral agencies. Sets forth guidelines for minimum child care standards. Terminates the Committee 90 days after the Secretary establishes such standards. Makes applicable to this title specified provisions of the Head Start Act relating to nondiscrimination and restrictions on sectarian activities. Provides for preservation of parental rights and responsibilities.
United States · United States Congress · 3 January 1989
Amends title V (Administration and Coordination of the National Institute of Mental Health, the National Institute on Alcohol Abuse and Alcoholism, and the National Institute on Drug Abuse) of the Public Health Service Act to direct the Secretary of Health and Human Services to establish a program for the certification of laboratories engaging in the performance of toxicological urinalysis conducted for drug testing programs. Sets forth certification program requirements. Sets forth allowed and prohibited acts related to testing under the certification program. Establishes civil monetary penalties and terms of imprisonment for violations. Allows standards which are more stringent than those in this Act. Directs the Secretary to require the payment of fees by a laboratory to recover the costs of certification, recertification, and other activities under the certification program.
United States · United States Congress · 3 January 1989
Title I: Water Resources Authority of the Geological Survey - Geological Survey Water Resources Organic Act - Authorizes the Secretary of the Interior, acting through the Geological Survey, to undertake research, investigations, appraisals, surveys, and related activities regarding the Nation's water resources. Authorizes the Secretary to cooperate with other government agencies and to perform such activities on a reimbursable basis, as specified. Authorizes appropriations for FY 1990 through 1992. Title II: Ground Water Research - National Ground Water Research Act of 1989 - Directs the President to coordinate groundwater related activities conducted by Federal agencies. Requires the President to assist States in the conduct of such activities, including disseminating information. Directs the President to establish an Interagency Ground Water Research Committee to coordinate research, development, demonstration, technology transfer, training, and information dissemination activities related to groundwater conducted by the Federal agencies, including establishing priorities. Directs the Secretary of the Interior to prepare a report assessing groundwater quality and quantity information systems and data collection and monitoring. Requires the Secretary to submit such report to the Congress with biennial updates. Directs the Secretary to conduct a national groundwater assessment program to assist State and local governments in managing groundwater resources and designing monitoring programs, including recommending protocols to assist such governments in meeting their data collection responsibilities under specified Federal environmental statutes. Directs the Administrator of the Environmental Protection Agency (EPA) to establish and coordinate a research, development, and demonstration program for the protection and management of groundwater resources, including surveys, the development of cost-effective prevention, detection, and mitigation techniques, and the provision of technical assistance. Sets forth demonstration project selection criteria and procedures, based upon the seriousness of the contaminant addressed and a project's applicability to other locations and circumstances. Requires that such project be monitored and evaluated by the Administrator. Authorizes the Administrator to pay the costs of such evaluation, but limits Federal cost sharing for the project in general. Directs the Administrator to conduct and publish a risk assessment analysis for significant groundwater contaminants according to a standard format and prescribed schedule. Directs the Secretary and the Administrator each to establish a technical assistance program to serve other Federal and governmental agencies, including conducting research, surveys, training, and technology transfer. Directs the Secretary to establish and maintain a National Groundwater Information Clearinghouse. Directs the Administrator to establish a media-specific research committee for groundwater resources. Directs the Science Advisory Board established by the Environmental Research, Development, and Demonstration Act of 1978 to review and report to the Congress on EPA's groundwater research programs. Authorizes the Administrator to establish and maintain research fellowships. Directs the Administrator to make grants for groundwater research institutes which are to be located in areas making significant use of groundwater. Requires that funds be equitably distributed throughout the United States and that one of the institutes be the National Center for Ground Water Research, a consortium between Oklahoma, Oklahoma State, and Rice Universities. Limits the Federal share to 50 percent of costs and earmarks funds for technology transfer. Requires the Administrator to review and evaluate such institutes and subjects the institute's research to peer review. Directs the Secretary and the Secretary of the Army to consider the impact on groundwater when evaluating new water resource projects. Authorizes modifications in existing projects to protect groundwater. Requires the Administrator, in cooperation with New Jersey and relevant local governments, to study and report on: (1) the feasibility of removing volatile groundwater contaminants in the New Jersey coastal plain by induced air phase transport; and (2) the problem of trace metal leaching by corrosive groundwater in such coastal plain. Directs the Administrator, in cooperation with California and relevant local agencies, to study and report on the feasibility of groundwater replenishment with treated wastewater and of the potential of groundwater contamination through exfiltration of sewage from sewer systems of publicly owned treatment works. Directs the Administrator, in cooperation with New York State and relevant local governments, to study and report on the pollution of the Buffalo River by contaminated groundwater in Erie County. Directs the Administrator, in cooperation with the Secretary of the Army, to conduct a research and demonstration program at the Lake Okeechobee ecosystem, Florida, on the relationship between ground and surface water quality and the management and control of aquatic plants. Requires that methods developed be adaptable to other circumstances and be made available to State and local governments. Requires the solicitation of information from other sources, such as scientists and management personnel. Requires the Administrator and the Secretary each to report to the Congress on such program and demonstration project, authorizing other Federal agencies to utilize such report. Authorizes appropriations. Directs the President to report annually to the Congress on groundwater generally and groundwater programs conducted pursuant to this Act. Authorizes appropriations for FY 1989 through 1991. Title III: Agricultural Production and Water Use - Agricultural Ground Water Management Act of 1989 - Directs the Secretary of Agriculture to investigate and report to the Congress on the relationship between agricultural practices and water use and quality, including current and projected status and efforts. Requires the Administrator and the Secretary to conduct a joint study of the impact on groundwater and agricultural interests of proposals to dredge from the Hudson River sediments which contain PCBs and dispose of such sediments on land. Directs the Secretary to establish an Agricultural Nitrogen Best Management Practices Task Force to report to the Secretary and the Congress on agricultural best management practices, systems, and technologies for reducing or mitigating any negative effects of agricultural nitrogen on water quality. Authorizes appropriations for three fiscal years. Title IV: Ground Water Radium Contamination - Authorizes the Administrator to assist local governments in demonstrating mitigation of radium contamination in groundwater where such groundwater is used as a source of public drinking water in small communities and the contamination exceeds the level established under the Safe Drinking Water Act. Authorizes appropriations for FY 1990 through 1992 for such program.
United States · United States Congress · 3 January 1989
Amends the Fishermen's Protective Act of 1967 to authorize the President, upon receipt of a certification from the Secretary of Commerce that a country has violated an international fishery conservation program or an endangered or threatened species program, to direct the Secretary of the Treasury to prohibit the importation of any product from such country.
United States · United States Congress · 3 January 1989
Federal Employees' Political Activities Act of 1989 - Prohibits an employee from using or attempting to use official authority or influence to interfere with or affect the result of any election. Prohibits an employee from using or attempting to use official authority to intimidate, threaten, coerce, command, or influence: (1) any individual for the purpose of interfering with the right of any individual to vote as the individual may choose, or of causing any individual to vote, or not to vote, for any candidate or measure in any election; (2) any person to give or withhold any political contribution; or (3) any person to engage, or not to engage, in any form of political activity. Prohibits an employee from using, attempting to use, or permitting the use of any official information, unless such information is available to the general public. Prohibits an employee from: (1) giving or offering to give a political contribution to any individual either to vote or to refrain from voting, or to vote for or against any candidate or measure, in any election; (2) soliciting, accepting, or receiving a political contribution to vote or refrain from voting, or to vote for or against any candidate or measure, in any election; or (3) giving or handing over a political contribution to a superior of the employee. Prohibits an employee from soliciting, accepting, or receiving, or from being in any manner concerned with soliciting, accepting, or receiving, a political contribution: (1) from another employee (or a member of another employee's immediate family) with respect to whom the employee is a superior; or (2) in any room or building occupied in the discharge of official duties by a Federal employee or official or an individual receiving salary or compensation from the Treasury. Prohibits an employee from soliciting, accepting, or receiving a political contribution from, or giving a political contribution to, any person who: (1) has, or is seeking to obtain, contractual or other business or financial relations with the employing agency; (2) conducts operations or activities which are regulated by that agency; or (3) has interests which may be substantially affected by the performance of the employee's official duties. Directs the Special Counsel of the Merit Systems Protection Board to prescribe regulations which exempt employees from such prohibitions. Prohibits an employee from engaging in political activity: (1) while on duty; (2) in any room or building occupied in the discharge of official duties by a Federal employee or official; (3) while wearing a uniform or official insignia identifying the office or position of the employee; or (4) while using any vehicle owned or leased by the Government. Exempts certain high level political appointees from such prohibitions if the costs associated with the political activity are not paid for by money derived from the Treasury. Authorizes leave without pay or accrued annual leave to an employee who is a candidate, upon request, to allow such employee to engage in activities relating to that candidacy. Declares that such request may be denied if the exigencies of the public business so require. Declares that such employee may be required to take leave without pay or accrued annual leave in order to be a candidate if activities relating to the candidacy interfere with the employee's performance of duties. Applies this Act to postal employees and employees of the Postal Rate Commission.
United States · United States Congress · 3 January 1989
Anti-Terrorism and Arms Export Amendments Act of 1989 - Amends the Arms Export Control Act to prohibit the Government or U.S. persons from exporting or providing munitions items to, or facilitating (through loans, credits, guarantees, or other financial assistance) the acquisition of munitions by, any country, or any individual or group in a country, which, as determined by the Secretary of State, has repeatedly provided support for acts of international terrorism. Permits the rescission of a determination of the Secretary only after the President makes specified certifications to the Congress concerning the country involved. Authorizes the President to waive such prohibition with respect to transactions determined to be vital to national security after consulting with, and reporting to, the Congress. Exempts from such prohibition transactions subject to reporting requirements of the National Security Act of 1947. Authorizes additional waivers pursuant to authority under the Foreign Assistance Act of 1961 in exceptional circumstances where time is of the essence and the President consults with and submits a report to the Congress at least 24 hours prior to granting such a waiver. Sets forth criminal and civil penalties for violations of this Act. Requires the Director of the U.S. Arms Control and Disarmament Agency, in making decisions concerning the issuance of export licenses, to consider whether the export of an article will support international terrorism. Requires the Director's evaluation of an arms sale submitted to the Congress to include an evaluation of whether the sale would support international terrorism. Amends the Export Administration Act of 1979 to require a validated license for the export of goods or technology to a country if the Secretary determines that: (1) such country has repeatedly provided support for acts of international terrorism; and (2) such exports could contribute to the military potential of such country or would enhance the ability of such country to support acts of international terrorism. Removes the $1,000,000 threshold for notification to the Congress of the issuance of an export license. Revises the President's authority to rescind the Secretary's determination. Amends the Foreign Assistance Act of 1961 to prohibit the provision of any assistance under such Act, the Agricultural Trade Development and Assistance Act of 1954, the Peace Corps Act, or the Export-Import Bank Act to any country which the Secretary determines has repeatedly provided support for acts of international terrorism. Authorizes the President to: (1) rescind such a determination only after making specified certifications to the Congress concerning the country involved; and (2) waive such prohibition for national security interests or humanitarian reasons only after consulting with, and reporting to, the Congress. Requires the President, in order to rescind a determination by the Secretary that a country supports international terrorism, to certify to the Congress that: (1) there has been a fundamental change in the leadership and policies of the government concerned and such government is not supporting acts of international terrorism and has provided assurances not to do so in the future; or (2) the government concerned has not provided any support for international terrorism during the preceding six-month period and has provided assurances that it will not support acts of international terrorism in the future. Amends the Arms Export Control Act to specify that any presidential designation to place a defense item on the munitions list shall be final and conclusive and shall not be subject to judicial review. Directs the President to include in required quarterly reports to the Congress concerning military exports a listing of: (1) all consents granted to third-party transfers of defense articles or defense services exceeding $1,000,000 in value; and (2) munitions items exceeding $250,000 in value transferred by the Department of Defense to other agencies of the U.S. Government, excluding items transferred for use within the United States or for intelligence activities subject to other reporting requirements under the National Security Act of 1947. Revises requirements for reporting the use of foreign assistance funds where it is inadvisable to specify the nature of the use of such funds to require that such a report be transmitted to the Committee on Foreign Affairs of the House of Representatives rather than to the Speaker of the House. Amends the Hostage Act to specify that the President may not use any means otherwise prohibited by law in attempting to cause the release of U.S. citizens imprisoned by foreign governments. (Current law specifies that the President may not use any means amounting to acts of war.) Specifies that the use by any government of armed force in the exercise of individual or collective self-defense in accordance with applicable international agreements and customary international law shall not be considered an act of international terrorism for purposes of this Act.
United States · United States Congress · 3 January 1989
Guam Commonwealth Act - Title I: Political Relationship - Creates the Commonwealth of Guam. Grants the people of Guam the right of full self-government through adoption of a Constitution, consistent with U.S. sovereignty over Guam and the supremacy of U.S. law applicable to Guam, and within specified guidelines. Recognizes the right of self-determination of the people of Guam. Directs the U.S. Government, through additional federally-funded programs, to promote preservation of the Chamorro culture, enhanced economic, social, and educational opportunities for Chamorros, and training of Chamorros for employment. Provides that nothing in this Act or the Constitution of Guam shall impair the U.S. citizenship of the residents of Guam or their descendants or their rights and privileges as U.S. citizens under the 14th amendment to the U.S. Constitution. Directs Guam to establish a land trust for the benefit of the indigenous Chamorro people and to establish residency requirements under the Constitution of Guam for voting and holding elective office. Allows this Act to be modified only with the mutual consent of the Governments of the United States and Guam. Title II: Applicability of Federal Law - Makes specified provisions of, and amendments to, the U.S. Constitution applicable to Guam, in addition to those portions which currently apply. Makes Federal laws, rules, or regulations passed after the date of this Act inapplicable unless mutually consented to by the Governments of the United States and Guam. Creates the Joint Commission on the Applicability of Federal Law. Specifies its duties, including: (1) participating in consultations between the Governments of the United States and Guam; (2) studying existing statutes and regulations affecting the U.S.-Guam relationship; (3) reviewing policies and procedures of Federal agencies relating to such relationship; (4) compiling data; (5) drafting modifications in existing laws, regulations, policies, and procedures and obtaining such modifications by negotiation and mediation concerning issues such as land claims and war claims; and (6) seeking to obtain maximum economic development and political autonomy for Guam, consistent with U.S. security interests. Provides that the United States will bear the cost of the work of the Commission. Authorizes the President or his designee to delegate to the Governor of Guam total or partial performance of functions now vested in Federal administrative agencies. Title III: Foreign Affairs and Defense - Grants the United States responsibility for authority with respect to matters relating to foreign affairs and defense that affect Guam. Provides for U.S. consultation with Guam in advance of negotiations toward any treaties or international or executive agreements affecting Guam, and with respect to proposals to increase or decrease Department of Defense activities within Guam. Prohibits the establishment of military security zones or the stationing of foreign military personnel on the Island of Guam without the approval of the Government of Guam except in time of declared war, or the establishment of military bases without consultation with the Governor. Provides for U.S. assistance to Guam in the establishment of offices in the United States and abroad, in becoming a member or participant in appropriate regional and international organizations, and in obtaining from other countries favorable treatment for exports. Prohibits the United States from utilizing the Island of Guam or the water surrounding it for the dumping or storage of nuclear waste or hazardous chemicals. Provides for the clean up by the United States of chemical dump sites used by the military in the past. Requires the United States to compensate any person injured as a result of hazardous materials stored, used, or disposed of by the U.S. Government in Guam or its waters. Title IV: Courts - Specifies provisions governing the relations between U.S. courts and the local courts of Guam, the jurisdiction of the District Court of Guam, and the applicable district court rules. Provides for the appointment of a judge for the District Court of Guam, a U.S. attorney, and a U.S. marshal for Guam. Title V: Trade - Establishes a Guam-United States free trade area, under which neither party may impose duties, quotas, or other restrictions on each other's products, nor shall the United States treat products of Guam as having originated in any other country. Defines "products of Guam" to mean articles that contain at least 30 percent value added in Guam, and specifies costs included in value added. Authorizes Guam to impose, increase, reduce, or eliminate duties and other restrictions on: (1) products that originate outside the customs territory of the United States and that are imported into Guam; and (2) exports from Guam, whether or not products of Guam. Requires the Governor of Guam to certify that the origin of "products of Guam" is, in fact, Guam, and provides for customs inspections of products brought into the United States. Title VI: Taxation - Makes U.S. income tax laws applicable to Guam. Deems such laws to impose a separate tax, payable to the Government of Guam, to be known as the Guam Commonwealth income tax. Grants the Governor the same administrative and enforcement powers and remedies with regard to such tax (pursuant to the laws of Guam) as the Secretary of the Treasury and other executive branch officials have with respect to U.S. income tax. Sets forth similar enforcement authority with respect to criminal violations, tax liens, and suits to recover erroneously or illegally assessed taxes. Grants the District Court of Guam exclusive jurisdiction over all judicial proceedings in Guam, both criminal and civil, with respect to such tax. Allows the Government of Guam to provide for the rebate or reduction of taxes in order to assist new industries or economic development. Grants Guam the power to determine the nature and amount of taxes imposed upon the income and property of persons within its jurisdiction. Repeals applicable U.S. tax laws one year after Guam has enacted a replacement comprehensive local income tax. Exempts all bonds or other obligations issued by Guam from taxation by Federal, State, or local governments of the United States. Title VII: Immigration - Applies the Immigration and Nationality Act and pertinent Federal regulations to Guam for two years from enactment of this Act. Directs Guam to enact a comprehensive law on immigration to become effective at the end of the two-year period. Provides that such law shall not impair the free movement of U.S. citizens to and from Guam, include the authority to naturalize aliens for U.S. citizenship, or alter the Governor's authority to issue U.S. passports. Authorizes U.S. consular officials to issue visas for travel only to Guam for any alien seeking to enter Guam as a non-immigrant in order to encourage investors and tourists to come to Guam. Title VIII: Labor - Grants preference to qualified residents of Guam in all Federal civil service vacancies occurring in Guam. Grants Guam the authority to enact and enforce all laws regulating or affecting employment in Guam. Provides that all pertinent U.S. laws regulating employment on Guam on the effective date of this Act shall remain applicable until replaced by duly enacted law of the Guam Legislature. Title IX: Transportation and Telecommunications - Precludes application of any U.S. law barring the U.S. registration and use of any foreign-built vessel within the waters around Guam for any purpose. Exempts from the coastwise laws of the United States any shipment of fish or fish products from Guam to any U.S. coastwise destination. Directs the Commission periodically to examine the applicability of such laws and to recommend termination of their applicability upon determining that such laws constrain Guam's economic development. Authorizes the Governor of Guam to sponsor any qualified air service carrier to come to Guam, subject to presidential consultation concerning U.S. foreign policy and security interests. Exempts Guam from all bilateral treaties between the United States and foreign states with respect to scheduling and technical specifications of aircraft, other than safety requirements. Provides that Guam shall remain an "eligible point" for purposes of being ensured essential air transportation to and from the United States. Defines Guam as "domestic" for Federal Communications Commission rate setting purposes. Title X: Land, Natural Resources and Utilities - Grants the Government of Guam the power of eminent domain. Grants Guam jurisdiction over all natural resources of the seabed, subsoil, tidelands, and adjacent territorial waters of the Island of Guam. Sets limits on U.S. acquisition of real property on Guam. Exempts Guam from Federal regulations governing the transfer or sale of excess Federal real property. Provides for the transfer of all excess Federal property to Guam, with specified exceptions. Provides for access and use by the residents of Guam of certain retained Federal property, subject to military security requirements. Authorizes the granting of easements on such property to the Government of Guam in specified circumstances. Directs the United States to transfer ownership of island utilities to Guam. Title XI: United States Financial Assistance - Provides for the return of U.S. revenues from taxes and fees collected in Guam or from its residents or products to the Government of Guam. Makes U.S. laws providing Federal benefits and financial assistance which are applicable to the States likewise applicable to Guam on an equal basis. Directs the Governor of Guam, in preparing an annual budget, to identify the costs and benefits to Guam brought about by its role as one of the principal U.S. military bases. Requires the Governor to submit such information to the Guam Legislature and the Office of Management and Budget for use in reviewing the Governor's request for appropriations for the annual Federal payment to Guam, which request the Governor shall submit to the President for transmission to the Congress each year. Provides for assistance to aid Guam's transition to a Commonwealth, including: (1) U.S. financing of the costs of institutional changes connected with the change in Guam's political relationship with the United States; (2) help in meeting the capital needs of Guam necessary for long-term, self-sustaining development; and (3) establishing an economic development fund to assist expansion of the private sector. Title XII: Technical Amendments and Interpretation - Makes technical and conforming amendments. Calls for this Act to be interpreted liberally to accomplish its purpose of providing for complete, internal self-government for Guam. Requires this Act to be submitted to the registered voters of Guam for ratification after being passed by the Congress. Repeals the Organic Act of Guam.
United States · United States Congress · 3 January 1989
Directs the Secretary of the Army to set aside an appropriate area within Arlington National Cemetery for the unmarked burial of cremated remains of persons entitled to burial in such cemetery.
United States · United States Congress · 3 January 1989
Computer Virus Eradication Act of 1989 - Amends the Federal criminal code to impose penalties upon any individual who, in interstate or foreign commerce, knowingly: (1) inserts into a computer or a computer program information or commands that may cause loss, expense, or risk to health or welfare for users of the computer, the program, or the processed information; or (2) provides such computer or program to a person who does not know of the insertion or its effects. Provides a civil remedy for injured parties.
United States · United States Congress · 3 January 1989
Central American Studies and Temporary Relief Act of 1989 - Title I: General Accounting Office Investigation and Report - Directs the Comptroller General to: (1) begin an investigation concerning displaced nationals of El Salvador and Nicaragua; and (2) report to the Speaker of the House and to the President of the Senate within two years of initiating such investigation. Requires determinations to be made, with respect to displaced Salvadorans and Nicaraguans living in El Salvador, Nicaragua, Honduras, Guatemala, Belize, Costa Rica, or Mexico, of: (1) the number and location of such persons; (2) their place of origin in El Salvador or Nicaragua and the period of, and reason for, their displacement; (3) their current living conditions, with particular attention to questions of personal safety and the availability of food and medical assistance; (4) current efforts to provide such necessities; (5) the impact of wars in El Salvador and Nicaragua; and (6) the impact of the Immigration Reform and Control Act of 1986 on Nicaragua and El Salvador; and (7) the impact of the 1986 El Salvador earthquake. Requires assessments to be made, in the case of Salvadorans and Nicaraguans returned from the United States to their country, of: (1) their conditions upon return, with particular attention to any human rights violations; and (2) the extent to which these persons have become displaced persons in their country. Requires the investigation, with respect to Salvadorans and Nicaraguans unlawfully in the United States, to: (1) compare the situation in El Salvador and Nicaragua with previous cases of administrative grants of extended voluntary departure under the immigration laws; (2) describe U.S. policies respecting the treatment of other aliens in the United States in similar circumstances; (3) describe the policies of all other countries in which Salvadorans or Nicaraguans have sought refuge as those policies concern the return of such persons to their country; and (4) assess their conditions in the United States. Title II: Congressional Review - Provides for the referral of such report to the appropriate congressional committees in accordance with the rules of each House for committee hearings (within 90 days of continuous session after the referral of such report) and committee reports (within 270 days of continuous session after the referral of such report). Title III: Temporary Stay of Deportation - Prohibits the Attorney General from detaining or deporting specified nationals of Nicaragua or El Salvador until completion of the Comptroller General's report. Sets conditions on such stay of deportation.
United States · United States Congress · 3 January 1989
Enterprise Zone Improvements Act of 1989 - Title I: Housing and Community Development Provisions - Amends the Housing and Community Development Act of 1987 to require each Federal agency that provides special assistance to enterprise zones or that waives or modifies rules within such zones to report to the Congress and to the Secretary of Housing and Urban Development identifying its actions. Broadens the scope of funding sources for State and local government actions required in connection with tax relief and regulatory simplification in enterprise zones. Directs Federal agencies to seek to provide special assistance to enterprise zones, including expedited processing, priority funding, program set-asides, and technical assistance. Authorizes all Federal agencies to waive or modify rules within enterprise zones. (Under current law, only the Secretary of Housing and Urban Development and, in some cases, the Secretary of Agriculture may do so.) Adds the promotion of affordable housing and law enforcement as objectives justifying waiver or modification of Federal agency rules in an enterprise zone. Title II: Federal Income Tax Incentives - Subtitle A: Credits for Employers and Employees - Allows employers located in enterprise zones a nonrefundable income tax credit for qualified increased employment expenditures and employment of the disadvantaged. Sets the credit amount at ten percent of the increase in payroll plus a specified percentage of wages paid to certain disadvantaged workers through the first 20 years of the enterprise zone designation. Allows a nonrefundable income tax credit to enterprise zone employees for five percent of wages earned. Phases out both credits in the last four years of the enterprise zone designation. Subtitle B: Credits for Investment in Tangible Property in Enterprise Zones - Allows businesses an additional investment tax credit for investments made in certain enterprise zone construction property. Limits the credit to ten percent for new property, including rental property. Requires the recapture of credit amounts upon the early disposition of the property. Subtitle C: Nonrecognition of Qualified Enterprise Zone Capital Gain Where Acquisition of Enterprise Zone Business Property - Provides for the nonrecognition of capital gain on the sale of enterprise zone property if, within one year after the sale, the taxpayer acquires qualified replacement property (generally defined as property related to an enterprise zone or to a business within a zone). Subtitle D: Deduction for Purchase of Enterprise Stock - Allows a taxpayer to deduct up to $100,000 of the aggregate amount paid for the purchase of enterprise stock on its original issue by a qualified issuer. Treats any gain from the disposition of the stock as ordinary income. Subtitle E: Rules Relating to Private Activity Bonds - Declares that: (1) limitations on the cost recovery deductions for property financed with tax-exempt bonds shall not apply to enterprise zone property; and (2) the termination of the small issue exemption shall not apply to bonds whose proceeds are used to finance facilities in enterprise zones. Subtitle F: Ordinary Loss Deduction for Securities of Enterprise Zone Business Which Become Worthless - Permits an ordinary loss deduction for securities of enterprise zone business that become worthless during the taxable year. Subtitle G: Increase in Research Credit for Research Conducted in Enterprise Zones - Increases from 20 percent to 37 1/2 percent the tax credit for increasing research conducted in enterprise zones. Subtitle H: Sense of the Congress with Respect to Tax Simplification - Expresses the sense of the Congress that the Secretary of the Treasury should simplify the administration and enforcement of any provision of the Internal Revenue Code affected by this Act. Subtitle I: Regulations - Directs the Secretary to issue regulations to carry out the provisions of this Act not later than six months after enactment. Title III: Establishment of Foreign-Trade Zones in Enterprise Zones - Requires the Foreign-Trade Zone Board to consider on a priority basis and to expedite the processing of applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones.
United States · United States Congress · 3 January 1989
Fair Labor Standards Amendments of 1989 - Amends the Fair Labor Standards Act of 1938 (the Act) to increase the minimum wage per hour from $3.35 in 1989 to: (1) $3.85 in 1990; (2) $4.25 in 1991; and (3) $4.65 in 1992 and thereafter. Provides for biennial adjustments of the minimum wage beginning in 1994. Directs the Minimum Wage Review Board (established by this Act), during the 90-day period beginning January 1, 1994, to review current economic data on wages, prices, and other economic indicators and determine how the minimum wage rate should be adjusted. Directs the Board, by October 1, 1994, to transmit to the Congress a recommendation of the rate that should be placed in effect on January 1, 1995, including an estimate of the economic effects of doing so. Directs the Board to conduct such reviews and transmit such recommendations biennially. Establishes the Minimum Wage Review Board, composed of five members appointed by the President and certain congressional officers. Increases the small business exemption by revising the definition of an enterprise engaged in commerce for purposes of coverage under the Act ("the enterprise test"). Exempts from such coverage retail or service establishments whose annual gross volume of sales or business is less than $500,000 (currently $362,500), effective in 1989. Requires employers who were covered in 1988, but who are exempt under the new threshold, to continue to pay the $3.35 per hour minimum wage. Increases the tip credit under the Act from 40 percent to 45 percent for 1990 and to 50 percent for 1991 and thereafter. (The tip credit deems the amount paid to a tipped employee, for minimum wage purposes, to be increased by an amount determined by the employer, but not by an amount in excess of the specified percentage of the applicable minimum wage rate.)
United States · United States Congress · 3 January 1989
Anti-Apartheid Act Amendments of 1989 - Title I: Sanctions Against Investment in, and Exports to, South Africa and Other Measures (Except Import Restrictions) to End Apartheid - Part A: Amendments to the Comprehensive Anti-Apartheid Act of 1986 and Other Laws - Amends the Comprehensive Anti-Apartheid Act of 1986 to prohibit any investments in South Africa by U.S. persons. Makes exceptions to such prohibition for: (1) investments in a business enterprise 90 percent owned and controlled by South Africans economically and politically disadvantaged by apartheid; and (2) investments made by certain individuals during any period and to the extent that such investments are considered South African emigrant non-resident assets and subject to transfer or disposition restrictions. Authorizes a person to apply for, and the President to grant for good cause, a waiver of such prohibition for up to 180 days. Requires U.S. controlled South African entities that are subject to the investment prohibition and that employ more than 24 South Africans economically and politically disadvantaged by apartheid to: (1) notify employees and employee organizations not less than 90 days prior to termination of the U.S. investment in such entity; and (2) enter into good faith negotiations with representative trade unions regarding the terms of such termination. Prohibits the exportation or reexportation to South Africa of any goods or technology subject to U.S. jurisdiction. Prohibits any such exportation or reexportation by any person subject to U.S. jurisdiction. Exempts from such prohibition publications, donations of food, clothing, and medical supplies, commercial sales of agricultural commodities and products, and goods and technology for use in the gathering or dissemination of information by news media organizations subject to U.S. jurisdiction. Makes such prohibitions inapplicable to: (1) any goods that are the direct product of technology of U.S. origin under a written agreement entered into on or before April 20, 1988, and that are exported within one year of the enactment of this Act; (2) economic assistance or human rights programs for disadvantaged South Africans, South African blacks or other nonwhite South Africans, or victims of apartheid in South Africa; and (3) contributions to charitable organizations engaged in social welfare, public health, religious, educational, or emergency relief activities in South Africa. Repeals specified provisions of the Comprehensive Anti-Apartheid Act of 1986 that: (1) prohibit certain exports to, imports from, and investments in South Africa; (2) set forth U.S. policy toward the recruitment and training of black South Africans; and (3) prohibit U.S. intercession with any foreign government regarding export activities of certain U.S. nationals in South Africa who are not implementing the Code of Conduct. Revises the definition of "loans" for purposes of such Act to prohibit short-term trade financing, sales on open account, and rescheduling of existing loans. Adds other definitions for purposes of such Act. Prohibits any U.S. agency or entity involved in intelligence activities from engaging in any form of cooperation with the Government of South Africa (specifically including the authorities administering Namibia so long as Namibia is illegally occupied). Prohibits any U.S. agency or entity from engaging in any form of cooperation with the armed forces of South Africa. Prohibits funds made available by the Congress from being obligated or expended for any expense related to any prohibited cooperation. States that the President should not: (1) assign or detail any member of the U.S. armed forces to serve as a defense or military attache in South Africa; or (2) accredit any individual to serve as a defense or military attache at a South African diplomatic mission in the United States. Repeals provisions of the Intelligence Authorization Act for Fiscal Year 1987 concerning restrictions on intelligence agency cooperation with South Africa. Prohibits the Secretary of Energy from authorizing any person to engage, directly or indirectly, in the production of special nuclear materials in South Africa. States that South Africa's granting of independence to Namibia is a major policy goal of the United States. Includes such granting of independence as one of several actions South Africa must take to have U.S. sanctions terminated. Revises penalty provisions of the Comprehensive Anti-Apartheid Act of 1986. Establishes within the Department of State a Coordinator of South Africa Sanctions who shall be responsible to the Secretary of State for matters pertaining to the implementation of sanctions against South Africa. Directs the Coordinator to place emphasis on activities related to strategically important trade in oil, coal, computers, specialized machinery and arms, and to financial credits. Sets forth the responsibilities of the Secretary of State in leading and coordinating the activities of other agencies in implementing and enforcing the Comprehensive Anti-Apartheid Act of 1986 and in monitoring other nations' economic relations with South Africa. Requires the Secretary to report annually to the Congress on actions to monitor and enforce such Act and on economic relations between South Africa and each of its trading partners. Establishes an Inter-Agency Coordinating Committee on South Africa to coordinate and monitor the implementation of such Act. Revises provisions of such Act regarding the Code of Conduct and expanded participation in the South African economy. Requires Federal agencies to make efforts to assist businesses more than 90 percent (currently, 50 percent) owned by black or nonwhite South Africans. Amends the Export Import Bank Act of 1945 to require the Bank to insure or participate in the extension of credit to businesses more than 90 percent owned (currently, majority owned) and controlled by black or nonwhite South Africans. Amends the Foreign Assistance Act of 1961 to permit the use of a specified amount of funds authorized for economic development assistance for assistance to disadvantaged South Africans. Specifies that such assistance may include scholarships, the promotion of the participation of disadvantaged South Africans in trade unions and private enterprise, alternative education and community development programs, and training and other assistance (including legal aid) for South African journalists. Lists major trade union federations in South Africa and Namibia as examples of recipients of U.S. assistance to the labor movement. Earmarks a specified amount of such funds for refugee education and assistance for South Africans and Namibians. Prohibits any U.S. person from providing transport to South Africa of a commercial quantity of crude oil or refined petroleum products. Includes in such prohibition transport on a vessel of U.S. registry or on a vessel owned by a U.S. person. Prohibits the Secretary of the Interior from issuing any mineral lease to any national of the United States which is controlled by any foreign person who purchases, acquires, owns, or holds any investment in South Africa or who exports crude oil or refined petroleum products to South Africa. Authorizes the President to waive such prohibitions under specified conditions. Part B: Policy Statements; Reports; Studies; and Other Miscellaneous Provisions - Expresses the sense of the Congress that the President should: (1) direct the Attorney General to conduct an antitrust investigation of the South African controlled international diamond cartel; (2) direct the Secretary of Commerce and the Commissioner of Customs to study the feasibility of identifying at the port of entry the national origin of diamonds entering the United States; and (3) ensure effective and rigorous enforcement of a prohibition on the importation into the United States of uncut South African diamonds by taking specified measures. Expresses the sense of the Congress that: (1) the President should close two of South Africa's consulates general, eliminate all honorary consuls of South Africa in the United States, and forbid expansion of South Africa's embassy staff; and (2) approval of temporary U.S. visas should be granted on a case-by-case basis after considering South Africa's record of allowing its citizens, including apartheid opponents, to travel to the United States. Requires the President to study and report to the Congress on measures to reduce South Africa's foreign exchange earnings from gold. Directs the Secretary of State to report to the Congress on South Africa's involvement in international terrorism. Title II: Sanctions Against South African Imports Into the United States - Prohibits the importation into the United States of any article from South Africa, except: (1) strategic minerals which the President certifies to the Congress are essential for military or economic purposes and are not available from alternative reliable suppliers or through improved manufacturing processes, conservation, recycling, and economical substitution; and (2) publications. Specifies that such prohibition includes: (1) krugerrands or any gold coin minted in South Africa or offered for sale by the Government of South Africa; (2) uranium hexafluoride that has been manufactured from South African uranium or uranium oxide; and (3) fish or seafood which are products of South Africa. Exempts from such prohibition any imports from business enterprises in South Africa that are wholly-owned by persons economically or politically disadvantaged by apartheid. Requires the President to confer with other industrialized democracies in order to reach cooperative agreements to impose sanctions against South Africa to bring about the dismantling of apartheid. Requires the President to report to the Congress concerning such efforts. Requires (currently, encourages) the President to seek United Nations Security Council adoption of the same sanctions against South Africa as are imposed by the United States. Requires (currently, authorizes) the President to impose penalties against foreign persons taking significant commercial advantage of U.S. sanctions against South Africa or comparable sanctions of other industrialized democracies. Includes as such a penalty the restriction of such a person from contracting with U.S. Government entities. Allows the President to waive such penalties for foreign persons of an industrialized democracy that is a party to a cooperative agreement to impose sanctions against South Africa. Requires the President to revoke such waiver if the industrialized democracy is not adequately enforcing the measures provided for under the agreement. Requires that information concerning the extent to which import restrictions are being enforced by other industrialized democracies be included in the Secretary of State's annual report to the Congress. Sets forth provisions pertaining to committee referral in the House of Representatives of joint resolutions pertaining to import restrictions. Requires the President, through the Secretary of Commerce, to submit periodic reports to the Congress setting forth the average amounts of imports of coal or any strategic and critical material entering the United States from each member and observer country of the Council for Mutual Economic Assistance. Requires the President to report annually to the Congress on the program to reduce U.S. dependence on strategic minerals from South Africa. Requires the President to confer with the governments of the African "frontline" States on measures to prevent the circumvention of the import restrictions on South African products imposed under the authority of this Act. Title III: General Provisions - Makes conforming amendments and sets forth the effective date of this Act.
United States · United States Congress · 3 January 1989
Tech-Prep Education Act - Amends the Carl D. Perkins Vocational Education Act to establish a program of grants to consortia of local educational agencies and community colleges to provide tech-prep education programs. Defines "tech-prep education program" as a combined secondary and postsecondary program which: (1) leads to an associate degree or two-year certificate; (2) provides technical preparation in at least one field of engineering technology, applied science, or mechanical, industrial, or practical art or trade; (3) provides competence in mathematics, science, and communications (including through applied academics); and (4) leads to placement in employment. Directs the Secretary of Education to make grants to pay the Federal share of the cost of activities carried out under this Act to consortia of: (1) local educational agencies or area vocational schools serving secondary school students; and (2) community colleges or postsecondary vocational technical schools. Sets forth the Federal share. Requires each grant recipient to use the grant funds to develop and operate a four-year technical preparation education program with specified curricula. Sets forth application and reporting requirements. Authorizes appropriations for FY 1990 through 1994.
United States · United States Congress · 3 January 1989
Act for Better Child Care Services of 1989 - Amends the State Dependent Care Development Grants Act (subchapter D of chapter 8 of subtitle A of title VI of the Omnibus Budget Reconciliation Act of 1981) to provide for a Federal program for the improvement of child care and to retitle such Act as the State Child Care Development Grants Act of 1989. Sets forth a formula for allotments to States based on numbers of children under age five, numbers of children eligible for free or reduced price lunches under the school lunch program, and per capita income. Authorizes the Secretary of Health and Human Services (the Secretary) to make grants to applicant Indian tribes or tribal organizations for programs and activities under this Act for the benefit of Indian children. Requires the chief executive officer of a State to designate an appropriate State lead agency. Requires the agency to establish several local advisory councils that collectively represent the entire geographical area in the State. Requires States to submit to the Secretary, in order to qualify for assistance under this Act, an application and five-year plan. Requires the plan to set forth procedures designed to ensure that: (1) the parents of children who will receive assisted child care services are permitted to select the eligible child care provider; (2) the State will attempt to place such child with such provider; and (3) each eligible child care provider will provide service to a reasonable mix of children, including those from different socioeconomic backgrounds and those with a handicapping condition. Requires the plan to specify that at least 75 percent of the State allotment will be used to provide qualified child care services to eligible children, on a sliding fee scale basis (according to specified funding methods), with priority given to services to children of families with very low incomes. Requires that at least ten percent of such reserved funds be used to provide for the extension of part-day programs. Requires the plan to make ineligible for assistance under this Act child care providers who are convicted, or who employ as providers of child care services persons convicted of specified Federal and State offenses involving sexual contact with individuals under age 16 or the production or advertisement of child pornography. Sets forth special rules for use of State allotments. Requires that child care services be provided by: (1) contracts with or grants to eligible child care providers for direct services; (2) grants to local governments to contract with direct providers; or (3) child care certificates distributed to parents of eligible children to enable them to purchase such services from such providers. Prohibits financial assistance under this Act from being expended for the construction of any new facility, and sets forth limitations on such assistance for renovation or repair of existing facilities. Authorizes the Secretary to make planning grants, in the first year of their program participation, to States which desire to participate under this Act but cannot fully satisfy the requirements of a State plan without financial assistance. Requires States receiving funds to recognize and assist private nonprofit community-based organizations, public organizations, local governments, or public agencies representing combinations of local governments, as resource and referral agencies for particular areas. Requires resource and referral programs to: (1) identify existing child care services; (2) inform and refer parents to such services; (3) provide for information, training, and technical assistance to existing and potential providers; and (4) provide information on supply of and demand for such services in a community. Requires each participating State to require that all employed or self-employed persons providing licensed or regulated child care complete at least 15 hours per year of specified training. Directs the State to make grants to and enter into contracts with specified entities to provide such training. Requires participating States to provide scholarship assistance to: (1) individuals who seek a nationally recognized child development associate credential for center-based or family child care and whose income is not more than 50 percent above the poverty line; and (2) caregivers who seek to obtain the 15-hour minimum annual training and whose income is not above the poverty line. Requires participating States to carry out activities designed to encourage businesses in the State to support or provide child care services to a reasonable mix of children of employees and nonemployees, including those from different socioeconomic backgrounds. Establishes in the Department of Health and Human Services the position of Administrator of Child Care to: (1) coordinate all Department and other Federal agency activities relating to child care; (2) collect and publish annually State child care standards; (3) evaluate activities founded under this title; (4) act as a clearinghouse for specified matters; and (5) provide technical assistance to States. Establishes Federal enforcement provisions for review of State plans and monitoring of compliance. Sets the Federal share of the aggregate amount to be spent under the State plan at 80 percent, but raises it to 85 percent when the State demonstrates that all child care providers are appropriately licensed and regulated and that those receiving assistance meet certain requirements and minimum standards. Directs the Governor of each participating State to establish a State advisory committee on child care to assist the lead agency. Requires the committee to have a subcommittee on licensing to review the laws applicable to the requirements and policies of each licensing agency. Requires a subcommittee report to the Governor, and requires the Governor, within 60 days of its receipt, to report to the Secretary with comments and a plan for correcting or improving licensing, regulating, and monitoring of child care services and programs. Requires the Secretary to establish a National Advisory Committee on Child Care Standards to: (1) review Federal policies on child care services; (2) submit to the Secretary proposed minimum standards for child care programs; and (3) develop and make available to lead agencies model regulations for resource and referral agencies. Limits the scope of such standards for specified types of child care services and sets forth the administrative procedure for promulgating them. Prohibits financial assistance under this Act for: (1) any sectarian purpose or activity; or (2) any services during the regular grade or high school day, or for which academic credit is given toward graduation, or which supplant or duplicate a public or private school academic program. Prohibits a child care provider from discriminating against any child on the basis of religion when providing child care services in return for a fee paid, reimbursement received, or certificate redeemed in whole or in part with financial assistance provided under this Act. Provides for a review of the operation of a State plan during the five-year period to determine the State's continued eligibility for funds. Makes eligible for services under this Act children: (1) under 13 years of age; (2) whose family income does not exceed 115 percent of the State median income for a family of the same size; and (3) who either reside with a parent or parents who are working, are seeking employment, or are enrolled in a job training or education program, or reside with a parent or parents not thus described and receive or need to receive protective services. Authorizes appropriations for FY 1990 through 1994.
United States · United States Congress · 3 January 1989
Universal Voter Registration Act of 1989 - Entitles any eligible individual to register for any Federal election by mail, in person, or at the appropriate polling place on the day of an election. Declares that such individual may register in person at: (1) a designated place for such individual's current address; (2) any Federal, State, county, or municipal agency that serves the public directly; or (3) any private agency that voluntarily agrees to register voters. Provides that if a State maintains a system of voter registration, such State shall allow an individual to register to vote for elections held on the date of Federal elections, in the manner provided by an approved State plan. Requires such plan to include: (1) the voter registration form to be used for mail registration; (2) provisions for distribution of such forms; (3) election day voter registration; (4) voter registration in agencies which serve the public directly and at private agencies that voluntarily agree to register voters; (5) provisions for prompt notification of registration acceptance; (6) provisions to inform registrants about voting places and times; (7) registration confirmation to insure accurate, inclusive, and uniform voter registration lists; (8) provisions with respect to registration challenges; and (9) a description of State efforts to actively increase voter registration. Requires each State to submit to the Federal Election Commission for approval a voter registration form which allows registration in person or by mail. Allows the form to be similar or identical to postcard application forms under the Uniformed and Overseas Citizens Absentee Voting Act. Specifies requirements for such form, including that it provide for postage paid return delivery to the appropriate State or local official. Requires agencies subject to this Act to provide for year-round registration services. Requires State and local election officials to provide for the availability of sufficient quantities of registration forms. Requires the chief election official of any State to establish a program to confirm voter registration. Sets forth requirements for such program, including: (1) notification systems concerning deaths and changes of address; (2) non-removal from a voter registration list unless a voter has died, changed residence to another jurisdiction, been convicted of a criminal offense or institutionalized for mental incapacity, or requested removal; and (3) voter registration lists comprising eligible voters, voters whose registration cannot be confirmed and whose eligibility may be challenged on election day, and individuals who have been removed from such list not more than four years before the date of the election. Sets forth provisions for challenging election votes, including the use of an affidavit ballot for the challenged voter. Declares that voter registration requirements shall not apply to any State which: (1) provides for voter registration procedures which meet or exceed the standards for State plans; (2) does not require voter registration; or (3) adopts the Federal postcard application form. Requires individuals who register to vote on an election day to establish their identity, place of residence, and qualifications at the time of such registration. Requires each polling place to provide a means of processing such registrants separately from other voters. Authorizes the Federal Election Commission to administer this Act and to provide advice and technical assistance to States. Requires the Commission to report to the Congress every two years on: (1) the effectiveness of efforts to establish and maintain voter registration procedures; (2) the administration of voter registration programs; and (3) recommendations on national voter registration standards. Declares any order of the Commission under this Act to be reviewable by the appropriate U.S. court of appeals. Provides that the appellee shall not be liable for costs. Directs the Commission to make grants to the chief election official of any State which has an approved plan for establishing voter registration programs. Requires such grants to be made to enable and encourage States to computerize voter registration lists and to undertake alternative methods of voter registration. Authorizes the Commission to establish an advisory council of State and local election officials to advise States about voter registration systems. Requires the Commission to develop a formula for the allocation of funds to States and to allocate or reallocate such funds. Requires a State to submit a plan for voter registration to the Commission within two years of enactment of this Act. Requires the Commission to publish proposed regulations for an implementation plan, or portion thereof, for any State which fails to submit a plan or for any State plan determined not to meet the requirements under this Act. Establishes Federal enforcement procedures and penalties for violations of this Act.
United States · United States Congress · 3 January 1989
New Columbia Admission Act - Declares the State of New Columbia (presently the District of Columbia) to be a State of the United States of America. Admits New Columbia into the Union on an equal footing with the other States in all respects. Reserves Federal title to certain lands and property. Directs the Governor to submit the Governor's request regarding the amount of an annual Federal payment to the Congress not less than seven months before the beginning of a fiscal year for which a request is made. Requires the request to contain a report on services rendered to the Federal Government, potential revenues lost because of the presence of the Federal Government, and potential revenues gained because of the presence of the Federal Government. Sets forth election protocol for popular ratification of statehood. Provides for election of one member of the House of Representatives as well as two Senators. Maintains the laws that were territorially in effect. Continues any law suits already pending in District of Columbia courts. Establishes a Statehood Transition Commission.
United States · United States Congress · 3 January 1989
Hunger Emergency Assistance and Relief Trust Act of 1989 - Amends the Internal Revenue Code to allow individuals to designate on their income tax returns a contribution of all or part of their tax refunds to the Hunger Emergency Assistance and Relief Trust. Establishes in the Treasury the Hunger Emergency Assistance and Relief Trust (trust fund) to distribute hunger relief funds to qualified nonprofit hunger relief services organizations. Appropriates to the trust fund amounts equal to those designated on tax returns. Describes standards and procedures for the distribution of trust fund monies. Specifies a number of restrictions with respect to the activities of recipient organizations, including limitations on administrative expenses. Requires the Hunger Commission to submit to specified congressional committees an annual report detailing trust fund expenditures. Establishes a Hunger Commission to administer the distribution of funds to qualified hunger relief services organizations on a matching grant basis. Permits a maximum award of $100,000 to any single qualified organization in any fiscal year. Requires that: (1) at least 50 percent of amounts received into the trust fund in any year be paid to qualified organizations; and (2) monies in the trust fund be distributed within 180 days of their receipt there. Authorizes appropriations.
United States · United States Congress · 3 January 1989
Pay Equity Technical Assistance Act - Directs the Secretary of Labor to develop and implement a continuing program of information dissemination, research, and technical assistance to public and private entities with respect to correction of wage-setting practices, and reduction or elimination of wage disparities, to the extent that they are based on the sex, race, or national origin of the employee, rather than on the work performed and other appropriate factors.
United States · United States Congress · 3 January 1989
Individual Privacy Protection Act of 1989 - Amends the Privacy Act of 1974 to increase the minimum amount of civil damages against the United States when an agency fails to maintain a record on an individual with accuracy, relevance, timeliness, or completeness in order to assure fairness. Imposes a limitation on such recoveries. Establishes an Individual Privacy Protection Board to: (1) make a study of the data banks, automated data processing programs, and information systems of public and private organizations to determine standards and procedures in force for the protection of personal information; (2) recommend to the President and the Congress the extent to which provisions of the Privacy Act should be applied to such organizations; (3) report on other legislative recommendations necessary to protect the privacy of individuals while meeting the legitimate needs of government and society for information; (4) develop guidelines and provide continuing assistance for, and investigate compliance with, individual records maintenance requirements; (5) file comments on proposals regarding the maintenance of individual records; (6) review Federal law, Executive orders, regulations, directives, and judicial decisions and report on their consistency with the rights of privacy, due process of law, and other guarantees in the Constitution; and (7) comment on the implications for data protection of proposed Federal, State, or local statutes, regulations, or procedures. Provides penalties for violations of privacy rights.
United States · United States Congress · 3 January 1989
Permanent Housing for Homeless Americans Act of 1989 - Directs the Secretary of Housing and Urban Development to provide FY 1990 and 1991 housing assistance for homeless or low-income individuals and families under the following programs: (1) section 8 assistance under the United States Housing Act of 1937; (2) section 8 moderate rehabilitation assistance under the United States Housing Act of 1937; (3) modernization of vacant public housing under the United States Housing Act of 1937; (4) rental rehabilitation under the United States Housing Act of 1937; and (5) funding for the rehabilitation of State and local government in rem properties under the Housing and Community Development Act of 1974. Requires an annual program report to the Congress.
United States · United States Congress · 3 January 1989
Mental Health and Aging Act of 1989 - Title I: Amendments to Public Health Service Act - Amends the Public Health Service Act to require States to use a specified portion of grants for community health services for programs serving individuals at or over 65 years of age who are not in mental institutions. Directs each State to: (1) increase services informing children, adolescents, elderly individuals, and their families of the availability of community mental health services; and (2) establish and implement a program assuring the quality and effectiveness of community mental health services. Sets forth a community mental health services consumer's bill of rights which includes provisions addressing the right to: (1) receive appropriate treatment in a safe and humane setting pursuant to an individualized, written, treatment plan; (2) exercise personal liberties; (3) make or participate in informed decisions regarding the course of treatment; (4) be notified regarding changes in treatment eligibility status and, upon discharge, referred as appropriate to other mental health service providers; and (5) be informed regarding charges and coverage for such services. Authorizes the Secretary of Health and Human Services to make grants to States, localities, and nonprofit private agencies for mental health services demonstration projects for the planning, coordination, and improvement of community services (including outreach and self-help services) for elderly individuals and for the conduct of research concerning such services. Authorizes appropriations for such projects for FY 1990 and 1991. Reserves specified amounts of appropriations to the National Institute of Mental Health and to the National Institute on Aging for FY 1990 through 1992, which are in excess of FY 1989 appropriations, for programs of clinical training, research training, and career development regarding the mental health of the elderly. Amends the Older Americans Act of 1965 to authorize appropriations for FY 1990 through 1992 for the education and training of personnel concerned with the mental health of the elderly. Amends the Public Health Service Act to reserve specified amounts of appropriations to the National Institute of Mental Health and to the National Institute on Aging for FY 1990 through 1992, which are in excess of FY 1989 appropriations, for research on the mental health and psycho-social well-being of elderly individuals. Amends the Older Americans Act of 1965 to authorize appropriations for FY 1990 through 1992 for research, development, and demonstration projects regarding the mental health of elderly individuals. Requires the Secretary to enter into a contract with the Institute of Medicine of the National Academy of Sciences for the conduct of a study to determine methods for measuring and assuring the quality and effectiveness of mental health services and alcohol and drug abuse treatment services. Requires that the Institute complete such study and report to the Congress. Authorizes appropriations for FY 1990. Directs the Secretary to provide for and report to the Congress by January 1, 1991, on additional studies: (1) comparing mental health services under Medicare (title XVIII of the Social Security Act) and non-Medicare prepaid health plans, and in settings other than prepaid health plans; (2) examining mechanisms for ensuring the quality of, and access to, mental health services delivered by State, local, and independent mental health facilities; (3) examining minority access to community mental health centers; (4) examining the adequacy and optimal utilization of mental health manpower; and (5) examining the adequacy of minority mental health manpower and training. Authorizes the Secretary to conduct demonstration projects to determine methods of increasing minority access to community mental health centers. Authorizes appropriations for such studies and projects. Title II: Changes in Medicare and Medicaid Programs - Amends part B (Supplementary Medical Insurance) of the Medicare program to cover up to 20 physician visits per year to an outpatient suffering from mental disorders if the main purpose of such visits is to assess the individual's status and drug plan, and to perform necessary lab tests. Permits the extension of such limit upon a determination of the necessity of such visits. Covers, under the Medicare and Medicaid (title XIX of the Act) programs, outpatient mental health services furnished in a community mental health center or by a physician, clinical psychologist, clinical social worker, or psychiatric nurse specialist, provided such services would otherwise be covered if furnished by a physician. Provides Medicare coverage of in-home care for up to 120 hours per year for a chronically dependent individual. (Currently, up to 80 hours of such coverage is provided after an individual has incurred catastrophic expenses.) Amends the Medicaid program to define an institution for mental diseases as an institution that has more than 16 beds and: (1) is under the jurisdiction of the State mental health authority; (2) advertises itself as primarily specializing in treating individuals with mental disease; or (3) is made up, for the most part, of patients who do not have a physical condition which in itself requires the level of services provided in a skilled nursing facility. Amends the Medicare and Medicaid programs to require nursing facilities to provide access to medically necessary mental health services. Directs the Secretary to ensure the reasonableness of levels of reimbursement of nursing facilities under the Medicare and Medicaid programs for their provision of mental health services. Requires that Medicare payments for outpatient mental health services be made on an assignment-related basis. Requires Medicare carriers and fiscal intermediaries to provide for reviews to assure appropriate utilization of services covered by this Act. Prohibits charges for covered outpatient mental health services from increasing by more than the average percentage increase of the Consumer Price Index and the Medicare Economic Index. Directs the Secretary to develop a prospective payment system for Medicare outpatient mental health services and report to the Congress regarding such system by January 1, 1991. Amends part A (General Provisions) of title XI of the Act to impose additional conditions on mental health providers' participation in the Medicare and Medicaid programs. Includes among such conditions the requirements that each provider: (1) comply with the consumer bill of rights; (2) provide each consumer with written grievance procedures and written notice of the services to be provided; (3) have the capacity to identify potential clients, provide mental health services, and coordinate their services with those provided by others; and (4) engage in consumer needs assessment and care and discharge planning activities. Requires health maintenance organizations to ensure access to, and the quality of, the outpatient mental health services they provide. Requires peer review organization review of the mental health services for which payment is made under the Medicare or Medicaid program.
![Official portrait of Del. de Lugo, Ron [D-VI-At Large]](https://www.congress.gov/img/member/d000209_200.jpg)