United States · United States Congress · 23 March 1989
Rural Hospital Recovery Act of 1989 - Directs the Secretary of Health and Human Services to draft and submit to the Congress and the Prospective Payment Assessment Commission, within one year of this Act's enactment, legislation eliminating the differences in average standardized Medicare payments (under title XVIII of the Social Security Act) to large urban, other urban, and rural hospitals while recognizing certain cost differences among hospitals and within diagnosis related groups. Amends the Medicare program to require the Secretary to pay additional amounts to Medicare-dependent, small, rural hospitals before October 1, 1994, and to critical access facilities thereafter to ensure that their reasonable operating costs for inpatient hospital services are covered. Establishes an application process for rural hospitals which choose to be treated as urban hospitals by reason of their proximity to urban areas. Requires the recomputation of Medicare sole community hospital payment rates using the most recent information on hospital-specific costs per case and, if greater, national rather than regional prospective payment rates. Treats hospitals which are located 30 miles or more from other like hospitals, or hospitals which provide inpatient hospital services to at least 60 percent of the residents or part A (Hospital Insurance) Medicare beneficiaries within a 30-mile radius of the hospital as sole community hospitals. Requires the Secretary to report to the Congress by October 1, 1990, on the process by which sole community hospitals may appeal the Secretary's decision not to make a volume adjustment to its Medicare payment. Establishes the Medicare Geographical Classification/Critical Access Facility Review Board which shall: (1) designate certain hospitals as critical access facilities; (2) hear appeals from rural hospitals which the Secretary determines do not qualify for treatment as being located in an adjacent urban area; and (3) conduct hearings with respect to the Secretary's refusal to consider a hospital to be a sole community hospital. Defines a "critical access facility" as a small, rural hospital which due to its location, prolonged severe weather conditions, or the availability of other hospitals to serve part A Medicare beneficiaries residing in the area must receive additional payments in order to continue to deliver critical health care services. Extends the regional referral center classification of hospitals so classified as of September 30, 1989, and the Medicare payment rates applicable to such hospitals until the implementation of unified average standardized Medicare payments for large urban, other urban, and rural hospitals. Amends the Omnibus Budget Reconciliation Act of 1987 to alter the Rural Health Care Transition Grant Program by: (1) extending from two to three years the limit on the provision of grants to small, rural hospitals for modification of their services; (2) permitting the Secretary to waive the hospital grant limit; and (3) increasing and extending the authorization of appropriations for such program through FY 1992. Requires the Secretary to submit a report to the Congress by April 1, 1990, identifying laws, rules, and regulations which prevent rural hospitals from providing innovative patient services. Directs the Secretary to conduct a five-year demonstration program in five rural hospitals treating the costs of nursing services obtained pursuant to an existing agreement with a nursing school as the costs of approved educational activities for Medicare payment purposes. Amends the Omnibus Budget Reconciliation Act of 1987 to expand, from four to ten hospitals, a Medicare demonstration program covering additional costs incurred by teaching hospitals in sending their residents to small rural hospitals for training. Extends the permissible duration of such training from three months to two years. Favors projects which provide small rural hospitals with resident physicians for longer periods of time and give physicians from the small rural hospital the opportunity to work or study at the sponsoring hospital. Makes consortiums of small rural hospitals eligible to accept the services of such a resident physician.
United States · United States Congress · 23 March 1989
Amends the Internal Revenue Code to allow an income tax deduction for education loan interest accrued by a physician, nurse, or allied health professional while serving in a medically underserved area.
United States · United States Congress · 22 March 1989
Energy Independence Act of 1989 - Amends the Energy Policy and Conservation Act to direct the Secretary of Energy (Secretary), for the purpose of obtaining petroleum products for the Strategic Petroleum Reserve (SPR) and to the extent that amounts are credited to the SPR Petroleum Account (Account), to purchase either U.S. stripper well oil or crude oil exchanged for U.S. stripper well oil. Requires the purchases to be made on a competitive bid basis, subject to a minimum price of $22 per barrel, adjusted annually for inflation. Makes available to the Secretary for SPR development funds from the Account in an amount equal to 25 percent of the aggregate amount of revenue collected during the previous quarter from the excise tax imposed by this Act on imported crude oil and petroleum products. Limits the use of such funds for SPR petroleum acquisition to periods when: (1) the SPR contains less than 1,000,000,000 barrels of crude oil; and (2) the world price of crude oil is $22 or less per barrel, adjusted for inflation. Authorizes alternative energy security uses of the tax revenue when the world oil price exceeds the $22 reference price for a specified time. Directs the President, to the maximum extent practicable, to take the steps necessary to: (1) enter into international voluntary agreements in connection with the international energy program (IEP) in the interest of developing parity with respect to oil import fees; and (2) enforce certain existing agreements with other IEP countries. Amends the Internal Revenue Code to impose, until 1995, an excise tax on the first sale within the United States of imported crude oil and petroleum products. Sets a variable rate for the tax, as follows: (1) for crude oil, the greater of 50 cents per barrel or the difference between the world price per barrel of crude oil and $22 (the reference price, adjusted annually for inflation); and (2) for petroleum products, in accordance with a specified formula based on the amount of tax per barrel of crude oil, the barrel-of-oil equivalent of the particular product attributable to crude oil, and a three dollar per barrel environmental outlay adjustment. Exempts from the import tax: (1) any sale of crude oil or petroleum product destined for export; and (2) sales during any period when the President determines that it is in the national interest to refrain from such taxation.
United States · United States Congress · 21 March 1989
Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act to exclude parental income and resources from the determination of a disabled child's SSI eligibility if such child requires the level of care provided in a hospital, skilled nursing facility, or intermediate care facility, but care outside such a facility is appropriate and, when considered with the SSI benefits to which such child is entitled, less costly than care within such a facility. Specifies the SSI benefit rate to which such children are entitled.
United States · United States Congress · 21 March 1989
Anti-Terrorism Sanctions Act of 1989 - Requires the President to revoke the most-favored-nation trade status of certain foreign countries that repeatedly support international terrorism. Prohibits duty-free treatment for the products of such countries under the Trade Act of 1974 or the Caribbean Basin Economic Recovery Act. Prohibits the Secretary of Commerce from consulting with the governments of such countries regarding international travel and tourism. Allows the President to waive any sanction under this Act with respect to any foreign country if such waiver would be in the best interests of the United States. Requires the President to give 30 days' notice to the Congress concerning any waiver.
United States · United States Congress · 21 March 1989
Wetlands Conservation Amendments Act of 1989 - Amends the Food Security Act of 1985 to revise the definition of wetland for land conservation purposes to mean land that supports hydrophytic (water) vegetation under current land use practices. Provides for agricultural committees in each State to set penalties for misuse of wetland based on the presence or absence of intent. Exempts certain previously farmed land from loss of benefits due to misuse of wetlands.
United States · United States Congress · 20 March 1989
Agricultural Research Commercialization Act of 1989 - Establishes the Agricultural Research Commercialization Corporation in the Department of Agriculture to facilitate the commercialization of new industrial products and processes using traditional and new agricultural and forestry crops. Directs the Corporation to establish between four and nine regional centers. Provides for the appointment of regional advisory councils whose primary duty shall be project application review. Sets forth center activities, including: (1) identification of new products and of areas for new product commercialization; (2) coordination of research and development programs; (3) provision of technical assistance; (4) dissemination of information; and (5) coordination of private sector, university, and government activities. Sets forth financial assistance criteria. Establishes a Corporation revolving fund. Authorizes FY 1990 through 1999 appropriations.
United States · United States Congress · 20 March 1989
Comprehensive Alzheimer's Assistance, Research, and Education Act of 1989 (CARE) - Title I: Public Health Service Programs With Respect to Alzheimer's Disease - Amends the Public Health Service Act to create a new title on Alzheimer's disease. Authorizes the Secretary of Health and Human Services to make grants and enter into cooperative agreements to assist grantees in establishing and maintaining, with respect to Alzheimer's and related disorders, centers for: (1) conducting basic and clinical research, training, and dissemination of clinical information; (2) demonstrating advanced diagnostic, prevention, treatment, and management methods; (3) conducting programs of community education; and (4) maximizing research. Directs the Secretary, in carrying out these provisions, to consult with the directors of specified National Institutes of Health. Specifies purposes for which grant funds may and may not be used. Limits support for a center to five years, with extensions by the Secretary of up to five years if recommended by a technical and scientific peer review group. Authorizes the Secretary to make grants to and enter into cooperative agreements with entities receiving financial assistance under these provisions for off-site research on the diagnosis and treatment of Alzheimer's and related disorders. Authorizes appropriations for FY 1990 through 1992. Authorizes the Secretary, acting through the Director of the National Institutes of Health and the Director of the National Institute of Mental Health, to make grants and enter into contracts to enable grantees to conduct basic and clinical research regarding Alzheimer's and related disorders. Directs the Secretary, in carrying out these provisions, to consult with the directors of specified National Institutes of Health. Specifies the research areas to which minimum allocations of appropriated funds must be made. Authorizes appropriations for FY 1990 through 1992. Authorizes the Secretary, acting through the Director of the National Institute of Mental Health, to make grants and enter into contracts to enable grantees to conduct research and demonstration projects with respect to teaching the families of individuals with Alzheimer's or related disorders methods for providing appropriate care and managing stress. Authorizes appropriations for FY 1990 through 1992. Authorizes the Secretary, acting through the Commissioner on Aging, to make grants and enter into contracts to enable grantees to conduct demonstration projects with respect to teaching the families of individuals with Alzheimer's or related disorders methods for providing appropriate care and managing stress. Authorizes appropriations for FY 1990 through 1992. Authorizes the Secretary, acting through the Director of the National Institute on Aging, to make grants and enter into contracts to enable grantees to conduct long-term care research with respect to Alzheimer's disease and related disorders and with respect to the coordination of long-term care services. Authorizes appropriations for FY 1990 through 1992. Authorizes the Secretary, acting through the Director of the National Center for Health Services Research, to make grants and enter into contracts to enable grantees to conduct research with respect to developing methods for improving the delivery of supportive services to individuals with Alzheimer's disease or related disorders and with respect to the coordination of long-term care services. Authorizes appropriations for FY 1990 through 1992. Directs the Secretary to develop a plan for a research program for the study of Alzheimer's and related disorders. Specifies elements for which the plan must provide. Requires research under the plan to be carried out through the National Institutes of Health. Directs the Secretary to submit the plan to the President and the Congress. Directs the Secretary to make grants to States to plan, establish, and operate programs to provide specified services regarding Alzheimer's or related disorders. Specifies purposes for which grant funds may not be used. Limits grants to three years, subject to annual evaluation by the Secretary. Limits the amount of a grant and its portion of the costs of the program for which it is made. Directs the Secretary to annually evaluate the grant programs. Authorizes the Secretary to contract with private entities to conduct the evaluation. Authorizes appropriations for FY 1990 through 1992. Directs the Secretary, acting through the Administrator of the Alcohol, Drug Abuse, and Mental Health Administration, to require, as a condition of receiving funds under provisions of part B (Alcohol and Drug Abuse and Mental Health Services Block Grant) of the Public Health Service Act, that a State must agree that activities carried out under a specified provision will include increased provision of mental health services related to Alzheimer's and related disorders. Authorizes appropriations for FY 1990 through 1992. Authorizes the Secretary, acting through the Director of the National Institute on Aging, to make grants to assist grantees in providing training programs and continuing education programs, regarding Alzheimer's or related disorders, to health care professionals, health care paraprofessionals, and family caregivers. Specifies eligible types of grant recipients. Directs the Secretary to ensure that grants are geographically distributed. Authorizes the Secretary, acting through the Director of the National Institute on Aging, to make grants to the Alzheimer's centers established by this Act to assist in developing curricula for such training programs and continuing education programs. Authorizes appropriations for FY 1990 through 1992. Directs the Secretary, acting through the Administrator of the Health Resources and Services Administration, to initiate a study regarding specified health manpower needs related to Alzheimer's disease, related disorders, and other disorders requiring long-term care services. Authorizes appropriations for FY 1990 through 1992. Directs the Secretary to establish a National Alzheimer's Disease Education Program for: (1) promoting the coordination of health care financing, service, research, education, and training programs; (2) collecting, through the Clearinghouse on Alzheimer's Disease, information on research and treatment programs; (3) making such information available to specified groups and to the general public; and (4) providing technical assistance to States and public and private organizations. Authorizes appropriations for FY 1990 through 1992. Authorizes the Secretary, through the Director of the National Institute on Aging, to make grants to educate health care providers and the families of individuals with Alzheimer's disease or related disorders on caring for individuals with such diseases or disorders and on the availability of sources of assistance. Requires grants to be geographically distributed. Authorizes appropriations for FY 1990 through 1992. Title II: Improvement of Services Under Medicare and Medicaid Programs - Directs the Secretary of Health and Human Services to review the levels of reimbursement provided under title XVIII (Medicare) of the Social Security Act for home health services, extended care services, and inpatient hospital services relating to an advanced stage of Alzheimer's or a related disorder and adjust the levels to accurately reflect the reasonable amount required to provide adequately for services furnished. Requires each State plan approved under title XIX (Medicaid) of the Social Security Act to report to the Secretary on how the levels of reimbursement under the plan for home health services, nursing facility services, inpatient hospital services, and community-based care take into account special needs regarding an advanced stage of Alzheimer's or a related disorder. Directs the Secretary to modify contracts with utilization and quality control peer review organizations under part B (Peer Review) of title XI of the Social Security Act to ensure that the organizations conduct adequate and representative quality of care reviews on patients who require intensive home health services or extended care services. Requires States, as a condition of approval of a State plan under Medicaid, to provide assurances that the State is providing for the conduct of adequate and representative quality of care reviews on patients who require intensive home health services, nursing facility services, or other long-term care services. Directs the Secretary to review and report to the Congress regarding whether specified types of facilities participating under the Medicare or Medicaid program limit or restrict the services they provide to individuals with Alzheimer's or a related disorder. Directs the Secretary to provide for research and demonstration projects concerning methods of improving the delivery of health care services to Medicare and Medicaid beneficiaries with Alzheimer's disease or a related disorder. Specifies projects to be included. Directs the Secretary to provide for an evaluation of the research and demonstration projects and submit a report to the Congress. Authorizes appropriations for FY 1990 through 1992. Requires funds, to the extent that research and demonstration projects relate to Medicare beneficiaries, to be appropriated from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. Authorizes the Secretary to waive compliance with the requirements of part B (Peer Review) of title XI, title XVIII (Medicare), and title XIX (Medicaid) of the Social Security Act as necessary to conduct these research and demonstration projects.
United States · United States Congress · 20 March 1989
Repeals provisions of the Internal Revenue Code that limit the deductibility of contributions to individual retirement plans by active participants in employer-maintained retirement plans.
United States · United States Congress · 16 March 1989
Capital Punishment Procedures Act of 1989 - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits evidence to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Sets forth special aggravating factors for espionage, treason, homicide, and the attempted murder of the President. Directs the court, or the jury by unanimous vote, to impose the death penalty upon a finding that such sentence is justified based on consideration of both the aggravating and mitigating factors. States that no person who was under 18 years of age at the time of the offense may be sentenced to death. Requires the court to instruct the jury not to consider the race, color, religious beliefs, national origin, or sex of the defendant or of any victim in its consideration of the sentence. Establishes procedures for appeal from a death sentence. Requires the court of appeals, upon consideration of the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under the influence of passion, prejudice, or any other arbitrary factor; and (2) the information supports the finding of every aggravating factor upon which sentence was based, together with any mitigating factors. Requires the court to provide a written explanation of its determination. Provides for representation by counsel for a defendant who is, or becomes, financially unable to obtain adequate representation or investigative, expert, or other reasonably necessary services before or after judgment. Sets qualifications and provides for compensation of attorneys and the setting of specified fees and expenses. Sets forth procedures for the implementation of the sentence of death. Prohibits requiring any employee of any State department of corrections or the Federal Bureau of Prisons and any employee providing services to that department or bureau under contract to participate in any execution against his or her moral or religious convictions. Limits the circumstances under which the offense of delivering defense information to aid foreign governments is punishable by death. Provides for the imposition of the death penalty for: (1) murder committed by prisoners in Federal prisons; (2) kidnappings which result in the death of any person; (3) hostage takings which result in the death of any person; (4) attempting to kill the President of the United States (if such attempt results in bodily injury or comes dangerously close to causing the President's death); (5) "murder for hire"; (6) murder in the aid of a racketeering activity; (7) international terrorism (where the killing is a first degree murder); and (8) engaging in a criminal enterprise activity which results in death. Increases the minimum sentence to life imprisonment for the crime of bank robbery which results in death.
United States · United States Congress · 16 March 1989
Directs the Secretary of Commerce, in tabulating the decennial census for the apportionment of Representatives in Congress, to provide for the inclusion of: (1) members of the uniformed services and civilian employees assigned to posts of duty outside the United States and their dependents residing at or near such posts; and (2) citizens pursuing postsecondary education programs outside the United States. Excludes from the census any alien not lawfully admitted for permanent residence. Amends the Higher Education Act of 1965 to require institutions to provide the Secretary with census information on their students who are studying outside the United States.
United States · United States Congress · 16 March 1989
Working Family Child Care Assistance Act of 1989 - Amends the Internal Revenue Code to allow a taxpayer a refundable income tax credit of 14 percent of up to $7,143 of earned income (maximum credit of $1,000 per child) for each dependent under age four. Decreases the credit amount for taxpayers with adjusted gross income over $8,000. Indexes amounts related to the credit. Makes this credit and the employment-related dependent care credit mutually exclusive. Authorizes employers to make advance payments of credit amounts in accordance with regulations to be prescribed by the Secretary of the Treasury.
United States · United States Congress · 16 March 1989
Amends the Internal Revenue Code to make natural gas found in tight sands formations eligible for the income tax credit for producing fuel from a nonconventional source. Makes this credit permanent with respect to gas found in such formations and to gas produced from Devonian shale. Applies the nonconventional fuels tax credit to alternative minimum tax calculations.
United States · United States Congress · 15 March 1989
Waste Reduction Act - Makes it the national policy to reduce or prevent pollution at its source whenever feasible. Directs the Administrator of the Environmental Protection Agency (EPA) to establish an office within the EPA which will be independent of the EPA's single-medium program offices and have the authority to review and advise such offices on their activities to promote a multi-media approach to source reduction. Directs the Administrator to develop and implement a strategy to promote source reduction. Identifies several review, coordination, outreach, and organizational actions that the Administrator must take as part of such strategy. Requires the Administrator to: (1) make matching grants to States for programs promoting the use of source reduction techniques by businesses; and (2) establish a Source Reduction Clearinghouse to compile information generated by States receiving grants on management, technical, and operational approaches to source reduction. Requires that such information be made available to the public. Requires filings of annual toxic chemical release forms required under the Superfund Amendments and Reauthorization Act of 1986 to include toxic chemical source reduction and recycling reports for toxic chemicals which are the subject of such filings. Includes in such reports information, on a facility-by-facility basis, as to: (1) the amounts and disposition of each toxic chemical; (2) the source reduction practices used with respect to such chemicals; (3) measurements of changes from past to anticipated levels of chemical reduction and recycling; and (4) the techniques used to identify source reduction opportunities. Makes such information available to the public. Directs the Administrator to report to the Congress within one year of this Act's enactment and biennially thereafter on the results of actions taken to implement source reduction strategies. Authorizes appropriations.
United States · United States Congress · 15 March 1989
Terrorist Alien Removal Act of 1989 - Amends the Immigration and Nationality Act to make terrorist activity (as defined by this Act) grounds for deportation. Establishes removal procedures for alien terrorists, including a special removal hearing which shall be open to the public.
United States · United States Congress · 15 March 1989
Research and Experimental Credit Extension and Reform Act of 1989 - Amends the Internal Revenue Code to make permanent the income tax credit for qualified research expenditures by repealing the provisions that would terminate the credit for expenses incurred or paid after 1989. Revises the method for computing: (1) base period research expenses, adding a factor reflecting the gross national product growth rate; and (2) the tax credit, adding an alternative computation component. Applies the credit to in-house research expenses that the taxpayer pays or incurs for the principal purpose of using the research results in the active conduct of a future trade or business.
United States · United States Congress · 14 March 1989
Amends the Federal Water Pollution Control Act to declare that it is the national policy that: (1) a research and demonstration effort should be made to eliminate the discharge of pollutants into navigable waters, waters of the contiguous zone, and the oceans; and (2) the program to prevent the discharge of oil into navigable waters should consider a requirement to use synthetic liners for secondary means of containment around and under certain oil storage tanks located near navigable waters, to prevent leaching of oil spills through the ground, and to aid in leak detection.
United States · United States Congress · 14 March 1989
Eliminates post-1968 service in the National Guard as a prerequisite to civil service retirement credit for former National Guard technicians. Amends the National Guard Technicians Act of 1968 to eliminate post-1968 service as a prerequisite for National Guard technicians for receipt of credit in the determination of length of Federal civil service for purposes of leave, Federal employees' death and disability compensation, group life and health insurance, severance pay, tenure, and status. Sets forth rules for applying provisions of this Act to affected individuals.
United States · United States Congress · 9 March 1989
Truth in Transportation Trust Funds Act - Excludes the receipts and disbursements allocable to the transportation-related operations of the Highway Trust Fund, the Airport and Airway Trust Fund, and the Inland Waterways Trust Fund from totals of the Federal budget as submitted by the President and from the congressional budget. Exempts the same amounts from any general statutory budget limitation on Government outlays. Amends the Congressional Budget and Impoundment Control Act of 1974 to: (1) include these same amounts in fiscal year total revenues and outlays for deficit calculation purposes; and (2) adjust the maximum deficit amount to reflect this new treatment of the affected trust funds. Makes it out of order in both the Senate and the House of Representatives, in the context of the congressional budget process, to consider changes or recommendations with respect to these trust funds.
United States · United States Congress · 8 March 1989
General Aviation Standards Act of 1989 - Amends the Federal Aviation Act of 1958 (with respect to aviation accident investigations) to apply such Act, with specified exceptions, to any action for damages for harm arising out of a general aviation accident brought against a manufacturer, owner, or operator of a general aviation aircraft, or a person who supports or maintains such aircraft or any other person or governmental entity. Establishes guidelines for uniform standards of liability of general aviation manufacturers for such accidents. States that all actions for harm arising out of a general aviation accident shall be governed by the principles of comparative responsibility. Establishes, with specified exceptions, a limitation of actions period of 12 years from delivery of aircraft or harm-causing part to the purchaser for general aviation civil liability brought against a general aviation manufacturer. Declares admissible as evidence certain income tax and payroll tax liability for purposes of establishing financial harm arising out of a general aviation accident. Permits the award of punitive damages if a claimant establishes by clear and convincing evidence that the harm suffered was the direct result of conduct manifesting conscious, flagrant indifference to safety. Establishes a two-year limitation of actions period for actions arising out of such an accident. Confers original jurisdiction upon the Federal district courts, concurrently with State courts, for all civil actions for harm arising out of a general aviation accident. Provides procedures for removal from State to Federal district courts of such actions. Declares that this Act supersedes any State law regarding recovery of damages for harm arising out of a general aviation accident. Declares the intent of the Congress that sanctions be strictly enforced for violations of Rule 11 of the Federal Rules of Civil Procedure, including orders to pay to the other party the reasonable costs of legal fees. Requires the Secretary of Transportation to report to the Congress, within one year after the date of enactment of this Act, the results of a study determining whether persons awarded damages for general aviation accidents under this Act are unable to collect such damages, and the amount of any uncollectible damages.
United States · United States Congress · 8 March 1989
National Awards for Mathematics and Science Teaching Act of 1989 - Directs the National Science Foundation to establish a merit competitive scholarship award program for students enrolled in a baccalaureate degree program in science, mathematics, or engineering who are willing to commit themselves to teach elementary or secondary science or mathematics. Limits such awards to the last two years of the baccalaureate degree program. Sets forth a service obligation of at least two years' teaching, which must be completed within six years after graduation from the program for which award was made. Requires repayment of awards, with specified exceptions, upon failure to complete such service obligation. Authorizes appropriations for FY 1990.
United States · United States Congress · 8 March 1989
Designates September 15, 1989, as National POW/MIA Recognition Day. Recognizes the National League of Families POW/MIA flag as the official symbol of the United States' commitment to resolving the fates of Americans still prisoner or missing in action in Southeast Asia.
United States · United States Congress · 7 March 1989
Designates April 16, 1989, the 87th birthday of Rabbi Menachem Mendel Schneerson, as Education Day, U.S.A. Calls on heads of state of the world to join the President of the United States in this tribute by signing scrolls of honor commemorating the 40th anniversary of Schneerson's leadership of the Lubavitch movement. Welcomes the cooperation of the Department of State in extending the good office of the U.S. missions to the Lubavitcher emissaries.
United States · United States Congress · 7 March 1989
Requires the Architect of the Capitol to establish and implement a voluntary program for recycling paper disposed of in the operation of the House of Representatives.
United States · United States Congress · 2 March 1989
Directs the Secretary of Energy to establish three Centers for Metal Casting Competitiveness Research as part of the Department of Energy's energy conservation programs.
United States · United States Congress · 2 March 1989
Price Fixing Prevention Act of 1989 - Provides that in any civil action alleging a contract, combination, or conspiracy to set, change, or maintain prices (other than a maximum price) under the Sherman Antitrust Act: (1) evidence that a person who sells a good or service to the claimant for resale received from a competitor a communication regarding price competition by the claimant and in response terminated the claimant as a buyer (or refused to supply such goods or services) shall be sufficient to raise the inference that such person and such competitor engaged in concerted action to set, change, or maintain prices in violation of such Act (in such case, a termination or refusal to supply is in response to a communication if such communication is a substantial contributing cause of such termination or refusal to supply); (2) the fact that the seller and the purchaser of a good or service entered into an agreement shall be sufficient to constitute a violation of such Act; and (3) an agreement between the seller and the purchaser to terminate another purchaser as a dealer or to refuse to supply such other purchaser because of that purchaser's pricing policies shall constitute a violation of such Act, whether or not a specific price level is agreed upon.
United States · United States Congress · 2 March 1989
Prohibits the Federal Communications Commission from adopting revisions of the rules and policies in the proceeding "Policy and Rules Concerning Rates for Dominant Carrier," CC Docket 87-313, unless the changes expressly provide for: (1) the proper functioning of the long-term support mechanisms for the carrier common line rates administered by the National Exchange Carrier Association; (2) the maintenance of uniform nationwide long distance telephone rates by dominant interexchange carriers; and (3) the use of an industry-wide rate of return to determine costs for access tariffs and to calculate the Universal Service Fund. Requires the FCC to report to the Congress the compliance of revisions with these conditions. Postpones the effectiveness of any rule or policy revisions until 60 days have elapsed during which both Houses of the Congress are in session.
United States · United States Congress · 1 March 1989
Federal Law Enforcement Officers Death Penalty Act of 1989 - Amends the Federal criminal code to subject any person who is found guilty of the first degree murder of a Federal law enforcement officer, or certain other Federal officials or employees, to the penalty of death. Establishes procedures for the imposition of the death penalty in such cases. Provides that no person who was less than 18 years of age at the time of the offense may be sentenced to death. Sets forth mitigating and aggravating factors to be considered by the jury in determining whether the death sentence will be imposed. Requires the Government to serve notice upon the defendant a reasonable time before trial or acceptance of a plea that it intends to seek the death penalty, as well as notice of the aggravating factors upon which it will rely. Provides that no presentence report shall be prepared in such cases. Requires a separate sentencing hearing before a jury or the court (upon motion by the defendant) when the defendant is convicted and the Government has filed notice that it intends to seek the death penalty. Allows the Government and the defendant to present any information relevant to a mitigating or aggravating factor without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. Conditions imposition of the death penalty on a unanimous finding by the jury or, if there is no jury, the court, that: (1) the aggravating factors found to exist sufficiently outweigh any mitigating factor found to exist; or (2) in the absence of a mitigating factor, the aggravating factors alone are sufficient to justify a sentence of death. Specifies that: (1) the jury or the court, regardless of its findings with respect to aggravating and mitigating factors, is never required to impose a death sentence; and (2) the jury shall be so instructed. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant in its consideration of the death sentence. Directs the court to impose the death sentence upon a finding that such sentence is justified. Establishes procedures for appeal from a death sentence. Requires the court of appeals, upon consideration of the record and the information and procedures of the sentencing hearing, and any special finding, to affirm the decision if: (1) the sentence was not imposed under influence of passion, prejudice, or arbitrariness; and (2) the information supports the special finding of the existence of an aggravating factor. Requires the court to provide a written explanation of its determination. Establishes procedures for the implementation of the death sentence.
United States · United States Congress · 1 March 1989
Imposes a civil penalty upon any person who mails to any individual or group of individuals at their place of residence: (1) any unsolicited sexually oriented advertisement; or (2) any unsolicited obscene, lewd, lascivious, indecent, filthy, or vile article, matter, thing, device, or substance.
United States · United States Congress · 1 March 1989
Rural Enterprise Zone Act of 1989 - Title I: Designation of Enterprise Zones - Amends the Internal Revenue Code to authorize the Secretary of Housing and Urban Development (Secretary) to designate rural enterprise zones for purposes of providing tax and regulatory relief and improving local services. Limits choices to areas nominated by States and local governments. Limits to 100 the total number of areas that may be designated, and the time period of the designation. Authorizes the Secretary to designate a zone only if the area meets certain locational, demographic, unemployment, and poverty criteria. Requires nominating local governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action that may include reducing tax rates, improving local services, simplifying or streamlining regulation of business, and providing job training to area residents. Describes areas to which the Secretary must give preference in selecting areas for designation. Requires the Secretary to report to the Congress every four years on the effects of such enterprise zones' designation in accomplishing the purposes of this Act. 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. Requires any gain from the disposition of the stock to be treated as ordinary income. Subtitle E: Rules Relating to Industrial Development 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. Requires that five percent of the private activity bond volume cap for a State that has one or more enterprise zones be set aside exclusively for use in such 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 30 percent the tax credit for increasing research conducted in enterprise zones. Applies this subtitle retroactively to taxable years 1987 and thereafter. 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 of the Treasury to issue regulations to carry out the provisions of this Act not later than six months after enactment. Title III: Regulatory Flexibility - Amends Federal law to revise the definition of "small entity" for purposes of the analysis of regulatory functions to include qualified business, government, and nonprofit enterprises operating within enterprise zones. Authorizes Federal agencies, upon request by a designating government, to waive or modify rules and regulations pertaining to the implementation of projects or activities within an enterprise zone. Requires agencies to approve the request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in retaining the rule unchanged. Disallows waiver or modification of a rule that would directly violate a statutory requirement or present a danger to the public health and safety. Amends the Department of Housing and Urban Development Act to direct the Secretary of Housing and Urban Development to promote the coordination of all enterprise zone programs and to consolidate all periodic reports required under such programs into one summary report. Title IV: 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. Title V: Enterprise Zone Business Incubator Program - Directs the Secretary of Housing and Urban Development to establish a business incubator program to provide loans and grants to State and local governments to give start-up assistance to small businesses in distressed rural areas.
United States · United States Congress · 1 March 1989
Administrative Law Judge Corps Act - Establishes, in Washington, D.C., an Administrative Law Judge Corps (the Corps) comprised of all current administrative law judges. States that the chief administrative law judge shall be the chief administrative officer of the Corps as well as its presiding judge. Specifies the qualifications for chief judge. States that such judge shall be appointed by the President, with the advice and consent of the Senate. Directs the chief judge to submit annual reports to the President and the Congress. Establishes divisions (to number between four and ten) within the Corps, with each division headed by a division chief judge appointed by the chief administrative law judge, with the approval of the Council of the Administrative Law Judge Corps (the first division chief judge of each division shall be appointed by the President, with the advice and consent of the Senate). Sets forth qualifications for division chief judges. Identifies initial divisions and their respective areas of jurisdiction. States that the Corps' policymaking body shall be the Council of the Corps (the Council), comprised of the chief judge and the division chief judges. Authorizes the Council to determine matters of general Corps policy, including: (1) issuance of regulations for Corps proceedings; (2) creation or abolition of divisions or regional offices; (3) contractual transactions; and (4) delegation of functions to division chief judges. Establishes a Judicial Nomination Commission to submit a list of qualified nominees for positions of chief judge and division chief judges. Prescribes a procedure for recommending appointments to the President. Directs the Corps to appoint new judges from a register maintained by the Office of Personnel Management. Confers jurisdiction upon members of the Corps to adjudicate cases under specified sections of the Administrative Procedure Act. Requires cases arising under such sections to be referred to the Corps. Directs the Council to issue regulations for assigning such cases. Provides guidelines for the removal and discipline of administrative law judges. Establishes a Complaints Resolution Board within the Corps to recommend action upon complaints against the official conduct of judges. Details the membership of such Board and the procedures to be followed. Declares Board proceedings and the contents of complaints to be privileged and confidential. Exempts documents and reports considered by the Board from the disclosure and publication requirements of the Freedom of Information Act. Exempts the Board from compliance with the public meeting requirements of specified Federal law. Authorizes appropriations.
United States · United States Congress · 1 March 1989
Urban Homestead Act of 1989 - Amends the United States Housing Act of 1937 to make the tenant ownership program authority permanent. Directs the Secretary of Housing and Urban Development to provide financial assistance directly to resident management corporations for homeownership technical assistance. Expands resident management corporation authority to replace purchased public housing units.
United States · United States Congress · 1 March 1989
Amends the Internal Revenue Code to exclude allocations in the nature of patronage dividends when determining net book income of rural telephone and electric cooperatives for purposes of the minimum tax.
United States · United States Congress · 1 March 1989
Amends the Internal Revenue Code to extend through 1992 the period during which qualified mortgage bonds and mortgage credit certificates may be issued. (Under current law, authority for these programs is due to expire as of 1990.)
United States · United States Congress · 28 February 1989
Radio License Renewal and Improvements Act of 1989 - Amends the Communications Act of 1934 to direct the Federal Communications Commission, with respect to applications for radio license broadcast renewals, to grant a renewal if during the preceding term of the license the licensee: (1) has broadcast material responsive to issues of concern to the residents of its service area; and (2) has not committed violations of such Act or the rules or regulations of the Commission, which taken together would constitute a pattern of abuse. Authorizes the Commission to deny a renewal or grant limited renewal if an applicant has failed to meet such requirements. Prohibits the Commission, in evaluating a licensee's performance in broadcasting material responsive to matters of public concern, from establishing or applying any requirement with respect to the broadcast of any specific subject or quantity of material. Directs the Commission to accept the licensee's judgment if found to be reasonable and made in good faith. Prohibits the Commission, in determining whether to renew a license, from considering whether the public interest, convenience, and necessity might be served by granting a license to a competing applicant. Directs the Commission to conduct an inquiry and prescribe any necessary regulations concerning any additional information that licensees should be required to maintain and make available to the public regarding the licensee's responsibility to broadcast material responsive to matters of public concern. Makes it unlawful for a license applicant and any other person, while a license application is pending, to effectuate an agreement whereby the other person withdraws or withholds the filing of a competing application, an informal objection, or a petition to deny in exchange for the payment of anything of value by, or on behalf of, the applicant. Requires the Commission to establish a procedure for the review of informal complaints received by the Commission during the license term of a radio licensee. Authorizes the Commission to consider such complaints at the time of a license renewal if such complaints constitute a pattern of abuse for purposes of this Act or evidence of the licensee's effort to serve the public interest.
![Official portrait of Rep. Clinger, William F., Jr. [R-PA-5]](https://www.congress.gov/img/member/c000523_200.jpg)