United States · United States Congress · 19 January 1989
Requires the early mailing of benefit checks for military retired and retainer pay, Retired Serviceman's Family Protection Plan annuities, and military Survivor Benefit Plan annuities if the day regularly designated for the delivery of such checks falls on a Saturday, Sunday, or legal holiday.
United States · United States Congress · 19 January 1989
Railroad Retirement Benefits Check Delivery Assurance Act of 1989 - Amends the Railroad Retirement Act of 1974 to provide that if the regularly scheduled delivery date for certain railroad benefits checks falls on a weekend or a legal public holiday, then such checks shall be mailed for delivery on the first day preceding the weekend or holiday, even if the delivery would be made before the end of the month for which such checks are issued. Provides that if, as a consequence of such modified delivery date, the payment is more than the correct authorized amount, no action shall be taken to recover the incorrect portion.
United States · United States Congress · 19 January 1989
Expresses the sense of the House of Representatives that the Federal excise taxes on gasoline and diesel fuel should not be increased as a means of reducing the Federal deficit.
United States · United States Congress · 4 January 1989
Trauma Care Systems Planning and Development Act of 1989 - Amends the Public Health Service Act to create a new title on trauma care. Authorizes the Secretary of Health and Human Services to make grants and enter into cooperative agreements and contracts with respect to trauma care to: (1) conduct and support research, training, evaluations, and demonstration projects; (2) foster development of trauma care systems; (3) collect and disseminate information; (4) provide technical assistance to State and local agencies; and (5) sponsor workshops and conferences. Directs the Secretary to establish the Advisory Council on Trauma Care Systems. Declares that, notwithstanding provisions of the Federal Advisory Committee Act, the Council shall continue in existence until otherwise provided by law. Directs the Secretary to make an allotment for each State for each fiscal year for developing, implementing, and monitoring the modifications to the trauma-care component of the State plan for the provision of emergency medical services. Requires non-Federal matching contributions (in cash or in kind) in specified ratios for fiscal years after FY 1990. States that such component of the State plan will be modified with regard to: (1) trauma care regions, centers, and systems; (2) triage and transport of children; (3) accreditation and evaluation; (4) data reporting and analysis systems; (5) procedures for paramedical personnel to assess the severity of injuries; (6) transportation and transfer policies; (7) public education; (8) coordination and cooperation; and (9) other matters. Requires States to adopt guidelines for the designation of trauma centers, and for triage, transfer, and transportation policies, equivalent to the applicable guidelines developed by the American College of Surgeons and by the American College of Emergency Physicians. Authorizes the Secretary, after public notice and an opportunity for comment, to waive the requirement of adoption of such guidelines. Mandates that States: (1) require each trauma center to provide certain information to the State emergency medical system annually; (2) submit to the Secretary, at least annually, the information it receives from its data reporting and analysis system; and (3) identify and submit to the Secretary a list of rural areas lacking certain emergency medical services. Sets forth restrictions on the use of State allotments. Requires an annual report from each State to the Secretary. Sets forth a formula for determination of the amount of allotments. Provides for: (1) repayment and offset for failure to use funds as agreed; (2) criminal penalties for certain false statements; (3) technical assistance and provision of supplies and services by the Secretary in lieu of grant funds; and (4) a report by the Secretary to the Congress. Authorizes appropriations for FY 1990 through 1992. Directs the Secretary, acting through the Director of the Centers for Disease Control, to develop guidelines and a model curriculum for emergency response employees (EREs) with respect to the prevention of exposure to infectious diseases during the process of responding to emergencies. Directs the Secretary to establish a task force to assist in developing the guidelines and model curriculum, appointing to the task force representatives of the Centers for Disease Control, State governments, and EREs. Requires a medical facility to notify the designated officer of the transporting EREs if the facility determines that a victim the EREs transported to the facility has an infectious disease. Requires a medical facility, upon request of a designated officer of EREs, to notify the designated officer if the facility makes a determination that a victim transported by EREs has an infectious disease. Applies notification requirements to both the facility receiving the victim and, if the victim dies, to the facility ascertaining the cause of death. Sets forth notification procedures. States that the public health officer of each State will designate one official of each employer of EREs to make requests and receive notifications. Provides for notification of EREs and for requests from an ERE to a designated officer that the designated officer request notification from the medical facility. Declares that the provisions in this Act regarding notification of EREs will not be construed to authorize or require: (1) a medical facility to test a victim of an emergency for any infectious disease; and (2) any medical facility, any designated officer, or any ERE to make disclosures with respect to the identity of a victim if such disclosures are prohibited under State or Federal law. Mandates that States agree to establish enforcement provisions, including injunctive relief and a civil cause of action for damages, for violations of the notification provisions in this Act. Directs the Secretary of Health and Human Services to conduct a study to determine the adequacy and appropriateness of the reimbursements provided to trauma centers under title XIX (Medicaid) of the Social Security Act. Requires the Federal Communications Commission to complete a study, establish a plan, and report to the Congress regarding emergency medical services communications.
United States · United States Congress · 4 January 1989
Korean Veterans National Medal Act - Requires the Secretary of the Treasury to design, coin, and sell a medal in honor of the members of the armed forces of the United States who served in the Korean conflict. Requires the Secretary to offer such medals for public sale at a price sufficient to cover their cost.
United States · United States Congress · 4 January 1989
Designates August 17, 1989, as Marcus Garvey Recognition Day, in honor of Marcus Garvey's efforts to lead the black community to economic independence.
United States · United States Congress · 3 January 1989
Terminates the trade and other sanctions imposed on Nicaragua under the International Emergency Economic Powers Act pursuant to the national emergency declared by the President on May 1, 1985.
United States · United States Congress · 3 January 1989
Omnibus Small Business Act of 1989 - Title I: Cabinet Level Status for Administrator of the Small Business Administration - Expresses the sense of the Congress that the Administrator of the Small Business Administration should be designated by the President as a full-fledged member of the Cabinet, to serve as the President's principal advisor on all small business matters. Amends Federal law to raise the Administrator's pay to an executive level commensurate with cabinet status. Title II: Permanent Authorization for White House Conferences on Small Business - Directs the President to conduct a National White House Conference on Small Business once during each four-year period following a presidential election to increase public awareness of the role of small businesses and to review the status of recommendations adopted at the next preceding White House Conference on Small Business. Mandates that the Conference present a final report to the President and the Congress regarding its findings and recommendations. Requires the Small Business Administration to report annually to the Congress during the three-year period following the Conference report on the status and implementation of Conference recommendations. Authorizes appropriations. Title III: Judicial Review Under Regulatory Flexibility Act - Amends the Regulatory Flexibility Act to repeal the proscription against judicial review of agency determinations regarding regulatory flexibility. Title IV: Regulatory Analysis of Tax Interpretative Rules - Amends the Regulatory Flexibility Act to make an interpretative rule issued under the Internal Revenue Code an agency rule subject to such Act. Title V: Study of Impact of Regulatory Analysis Upon Small Business - Requires the Chief Counsel for Advocacy of the Small Business Administration to study the impact of Federal regulatory paperwork and tax requirements upon small business. Title VI: Study of Credit Availability - Directs the Administrator of the Small Business Administration to study the availability of credit to small business.
United States · United States Congress · 3 January 1989
Relinquishes all U.S. interests under a conservation easement in specified lands in Wood County, Texas, whenever a water resource project that will affect such land is started on or by January 1, 2000.
United States · United States Congress · 3 January 1989
Permits certain veterans with service-connected disabilities who are retired members of the uniformed services to receive compensation concurrently with retired pay, without deduction from either.
United States · United States Congress · 3 January 1989
Biological Weapons Act of 1989 - Amends the Federal criminal code to impose criminal penalties upon any person who knowingly: (1) develops, produces, stockpiles, acquires or possesses any agent, toxin, or delivery system for use as a weapon of mass destruction; or (2) assists a foreign state or an international organization to manufacture or acquire such an agent, toxin, or delivery system. Authorizes the Attorney General to seize and destroy any such agent, toxin, or delivery system. Authorizes the United States to obtain an injunction against conduct prohibited by this Act. Sets forth defenses to any seizure or injunction under this Act.
United States · United States Congress · 3 January 1989
Eliminates provisions of Federal law which restrict premium pay to the minimum rate of basic pay for GS-10 for Federal employees in a position in which: (1) the hours of duty cannot be controlled administratively; (2) a substantial amount of irregular, unscheduled overtime is required; and (3) the employee is generally responsible for recognizing circumstances which require the employee to remain on duty.
United States · United States Congress · 3 January 1989
Defense Economic Adjustment Act - Title I: Defense Economic Adjustment Council - Establishes in the Executive Office of the President the Defense Economic Adjustment Council to be co-chaired by the Secretaries of Commerce and Labor. Establishes in the Executive Office an Office of Economic Adjustment, headed by a Director, to provide staff support to the Council. Directs the Council to disseminate information from the Secretary of Defense to Federal, State, and local agencies concerning proposed or pending changes in defense spending which would affect employment in the defense industry. Requires the Council to perform other duties, including: (1) encouraging the preparation of plans for non-defense-related public projects; (2) coordinating and developing information on priority, federally-funded projects and programs pertaining to defense economic adjustment; (3) monitoring job services information banks; and (4) determining criteria for eligibility for assistance under this Act. Directs the Secretary of Defense to provide the pertinent information to the Council a year in advance of any change and to furnish the Council with projected future defense spending levels. Directs the Council to prepare and distribute a Conversion Guidelines Handbook to outline requirements of programs for professional retraining of personnel. Title II: Community Economic Adjustment Planning - Makes eligible for Federal assistance for economic adjustment planning any community which is substantially affected by reduction or elimination of Government defense facilities or curtailment or conclusion of defense contracts. Directs the Council to make available to alternative use committees information on economic development programs of any Federal instrumentality which provides funds that may be used for planning. Requires the Council to report to the Congress at least annually on any such economic development program. Directs the Council to use data from other departments to develop criteria which ensures that assistance is directed to those communities that are most vulnerable economically to reductions in defense expenditures. Requires the Council to publish a semiannual list of eligible communities. Requires excess property resulting from a closing or reduction in a Government-owned facility to be appraised for purposes of resale to the community. Title III: Alternative Use Committees - Requires the establishment of alternative use committees at defense facilities to plan for economic conversion in the event of closure or reduction. Directs such committees to: (1) evaluate the assets of the facilities and the resources and requirements of the local community; (2) develop at least biennially a detailed plan for conversion of the facility to non-defense-related productive activity; and (3) provide retraining and reemployment counseling services. Requires conversion plans to maximize the pool of skills of available personnel and specify in detail the composition of the work force and plant, material, and financing requirements. Penalizes any contractor who fails to submit an alternative use plan or carry out one approved by the Council by making such contractor ineligible for future defense contracts for three years. Title IV: Economic Adjustment Assistance for Workers - Makes displaced workers certified by the local alternative use committees to the Council eligible for benefits for two years under this Act. Includes among such benefits: weekly compensation, vested pension credit, maintenance of health insurance, retraining for civilian work, job search allowance, and reimbursement for relocation expenses. Requires completion of a program of professional retraining before certain employees are eligible for assistance. Directs the Council to enter into agreements with a State or agency in the State administering the unemployment compensation law to disburse benefits under this Act. Requires displaced workers to accept any employment determined by the State agency or Secretary of Labor to be comparable to the former job, or benefits will terminate. Excludes these benefits from other determinations of eligibility for unemployment compensation under any Federal or State law. Title V: Economic Adjustment Fund - Establishes in the Treasury a Workers Economic Adjustment Reserve Trust Fund. Requires defense contractors to pay a specified percentage into the Fund. Directs the Secretary of the Treasury to deposit a percentage of the projected savings resulting from a cancellation or cutback in defense spending. Title VI: Use of Certain Research Funds - Requires the Council to define urgent national requirements for nondefense sectors of the economy in any determination of the Secretary of Defense as to how certain research and development funds are to be spent. Title VII: Authorization of Appropriations - Authorizes appropriations.
United States · United States Congress · 3 January 1989
Prevention, Identification, and Treatment of Elder Abuse Act of 1989 - Directs the Secretary of Health and Human Services to establish an office known as the National Center on Elder Abuse to: (1) compile an annual summary of recently conducted research on elder abuse; (2) develop and maintain an information clearinghouse on all programs for the prevention and treatment of such abuse; (3) compile training materials for personnel engaged in elder abuse prevention; (4) provide technical assistance for the planning and implementation of programs relating to the problems of elder abuse; and (5) investigate the causes and national incidence of elder abuse. Authorizes the Secretary to make grants to or enter into contracts with public agencies or nonprofit organizations for demonstration projects designed to prevent and treat elder abuse. Sets forth the terms and conditions for such grants. Authorizes the Secretary to make grants to States for the development and implementation of elder abuse prevention and treatment programs. Requires such States to have in effect a State elder abuse law with mandatory reporting provisions. Sets forth other requirements for eligibility. Prohibits the use of assistance for construction of facilities. Directs the Secretary to establish criteria to achieve equitable distribution of assistance among the States. Authorizes appropriations.
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
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
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
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to eliminate the requirement that the amount of monthly benefits payable to a spouse, surviving spouse, or parent be reduced by the amount such individual receives in monthly payments from a Federal or State pension plan.
United States · United States Congress · 3 January 1989
Amends the Internal Revenue Code to remove charitable contributions of appreciated capital gain property as an item of tax preference for purposes of the alternative minimum tax.
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
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
Social Security Work Incentives Act of 1989 - Title I: Disabled and Working Status under Title II of the Social Security Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to reduce monthly disability benefits by 50 percent of a beneficiary's monthly earnings in excess of $85. Limits the total amount by which an individual's OASDI disability benefits may be reduced if such individual is also eligible for benefits provided under title XVI (Supplemental Security Income) (SSI) of the Act to individuals who perform substantial gainful activity despite severe medical impairment. Prohibits deductions from disability-based child insurance benefits for the recovery of prior overpayments resulting from a failure to reduce such benefits on the basis of earnings. Extends to current OASDI disability beneficiaries the rule preventing reductions in the primary insurance amount for prior recipients. Continues an individual's entitlement to disability benefits while such individual is under disabled and working status, meaning that such individual is earning enough to be considered engaged in substantial gainful activity, but would otherwise continue to satisfy eligibility requirements. Sets a four-year limit on the Medicare hospital insurance eligibility (under part A of title XVIII of the Act) of individuals who owe their eligibility to their disabled and working status under the OASDI program. Amends the Medicare program to authorize such individuals to enroll for hospital insurance benefits upon the termination of such four-year limit. Amends title XIX (Medicaid) of the Act to cover Medicare cost-sharing amounts for individuals of disabled and working status who are entitled to enroll for Medicare hospital insurance benefits and whose income and resources do not exceed 300 percent of the Federal poverty level and the SSI resource eligibility limit, respectively. Requires States to collect a coinsurance percentage from such individuals pursuant to a sliding scale which increases such percentage from 0 to 100 percent in reasonable increments as incomes move from 150 to 300 percent of the Federal poverty level. Extends to all recipients of disability-based child's insurance benefits the rule permitting continued entitlement to Medicaid benefits of individuals who would remain eligible for SSI benefits but for their receipt of such child's insurance benefits. Title II: Amendments Relating to the Disabled and Working Status Program Under Title XVI of the Social Security Act - Amends the SSI program to exclude spousal income in determining a disabled and working individual's eligibility for SSI and Medicaid benefits. Excludes from such an individual's income, for SSI eligibility determinations: (1) earned income necessary for the costs of attendant care services; and (2) if such individual receives a State supplementary payment, impairment-related work expenses. Provides Medicaid coverage to individuals who become ineligible for SSI benefits by reason of a cost of living increase in OASDI benefits. Precludes the attainment of age 65 from serving as a basis for the termination of Medicaid eligibility under the SSI program. Includes State supplementary payments in determining a disabled and working individual's eligibility for SSI and Medicaid benefits. Treats royalties from the publication of an individual's work and scholarships which have not been excluded from income as earned income in determining the SSI and Medicaid eligibility of a disabled and working individual.
United States · United States Congress · 3 January 1989
Amends the Carl D. Perkins Vocational Education Act to extend through FY 1995 the authorization of appropriations for programs and activities under such Act.
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
Amends the Uniformed Services Survivor Benefits Amendments of 1980 to entitle certain individuals who were widowed before September 21, 1972, and who are not covered by the Military Survivor Benefit Plan to an annuity.
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
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
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
Independent Defense Department Inspector General Act - Establishes the Office of the Defense Inspector General (Office) as an independent establishment within the executive branch. Provides that such office shall be headed by an Inspector General appointed by the President by and with the advice and consent of the Senate. Specifies that the Inspector General shall not report to, or be subject to supervision by, the Secretary of Defense. Provides that the Inspector General shall appoint an Assistant Inspector General for Auditing and an Assistant Inspector General for Investigations. Specifies the various duties and responsibilities of the Inspector General, including: (1) providing policy direction for, and conducting and supervising audits and investigations relating to, the programs and operations of the Department of Defense; and (2) being the principal adviser to the Secretary of Defense for matters relating to the prevention and detection of fraud, waste, and abuse in the programs and operations of the Department of Defense. Requires the Inspector General, in carrying out the duties and responsibilities established under this Act, to: (1) give regard to the activities of the Comptroller General with a view toward avoiding duplication and insuring coordination and cooperation; (2) report to the Attorney General whenever reasonable grounds exist to believe there has been a violation of criminal law; and (3) carry out such duties and responsibilities in a manner that avoids compromising or endangering the national security. Requires the Inspector General to prepare semiannual reports concerning the activities of the Office and to furnish such reports to the President, the Secretary of Defense, and the Committees on Armed Services of the Senate and the House of Representatives. Sets forth administrative provisions concerning: (1) the authorities of the Inspector General to have access to records and documents of the Department of Defense; (2) the obtaining of information and assistance from other Federal agencies; and (3) office space and equipment. Requires the Inspector General to report to the President, the Secretary of Defense, and the Armed Services Committees whenever any requested information or assistance is unreasonably refused. Authorizes the Inspector General to receive and investigate complaints or information from employees of the Department of Defense concerning violations of law, waste, mismanagement, or dangers to public health or safety. Prohibits the Inspector General from disclosing the identity of such an employee without the consent of the employee, unless the Inspector General determines such disclosure is unavoidable during the course of an investigation. Prohibits taking or threatening to take any action against any such employee as a reprisal for making a complaint or disclosing information to the Inspector General. Prohibits any person from serving as Inspector General if he or she has served as an officer of the armed forces or has been employed by a defense contractor during the five-year period prior to nomination. Prohibits any person who has served as Inspector General from accepting compensation from a defense contractor for a period of five years after leaving office. Sets forth similar rules for employees of the Office for periods of three years before and after employment with the Office. Terminates the Office of the Inspector General of the Department of Defense. Transfers all personnel, records, property and assets of such office to the Office established by this Act.
United States · United States Congress · 3 January 1989
Public Utility Holding Company Modernization Act of 1989 - Amends the Public Utility Holding Company Act of 1935 with respect to unlawful transactions by registered public utility holding companies to permit a subsidiary company which is neither a holding company nor a public utility company to issue and sell securities solely for the purpose of financing its business. Directs the Securities and Exchange Commission to exempt a subsidiary of a registered holding company from the proscription against the issuance or selling of its own securities (including the alteration of stockholder rights to such securities) if such transactions are solely for its business and have been expressly authorized by the State regulatory authority. Permits a registered holding company to acquire: (1) business interests of a non-public utility nature whose book value aggregates 15 percent of its total consolidated assets; and (2) additional business interests which the Commission finds consistent with the public interest or the protection of investors or consumers.
United States · United States Congress · 3 January 1989
Fairness in America Health Care Act of 1989 - Title I: One-Year Delay in Implementation of Medicare Catastrophic Coverage Act of 1988 - Delays, for one year, the implementation of the Medicare Catastrophic Coverage Act of 1988, except for provisions of such Act expanding benefits under part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act. Title II: Bipartisan Commission to Review the Medicare Catastrophic Coverage Act - Establishes the Commission to Review the Medicare Catastrophic Coverage Act to study: (1) the effect implementation of such Act will have on Medicare beneficiaries who currently have supplementary coverage; (2) how such Act's benefits compare with the benefits provided by supplementary coverage; (3) the access Medicare beneficiaries who do not have supplementary or Medicaid (title XIX of the Social Security Act) coverage have to necessary health services; (4) the feasibility and likely cost of implementing such Act's drug benefits; and (5) the benefits and financing mechanisms which Medicare beneficiaries prefer. Directs the Commission to report its findings and recommendations to the Congress within six months of this Act's enactment or by September 1, 1989, whichever is earlier.
United States · United States Congress · 3 January 1989
Repeals estate tax provisions of the Internal Revenue Code with respect to inclusion in the gross estate of the value of certain types of transfers with a retained life estate. Applies the repeal retroactively in connection with property transferred after December 17, 1987.
United States · United States Congress · 3 January 1989
Prohibits the President from providing military assistance to El Salvador, including issuing letters of offer, extending credits, issuing guarantees, entering into leases of defense articles, or issuing certain licenses under the Arms Export Control Act. Requires the President to order the prompt withdrawal from El Salvador of specified U.S. military personnel.
![Official portrait of Rep. Bustamante, Albert G. [D-TX-23]](https://www.congress.gov/img/member/b001172_200.jpg)