United States · United States Congress · 19 January 1989
Directs the Federal Trade Commission (FTC) to study deceptive mail practices in conjunction with the sale of products or services related to governmental functions, and the severity of consumer injury from such practices. Requires such study to include an examination of solicitations by non-governmental entities for the purchase of products or services which: (1) are provided either free of charge or at a lower price by the Federal Government; or (2) bear a seal, insignia, trade or brand name, or other term or symbol implying the connection, approval, or endorsement of the Federal Government. Directs the FTC to report on such study to the Congress within 18 months. Directs the FTC to: (1) initiate a trade regulation rule proceeding respecting the deceptive mail practices studied, promptly after completion of the study, if it finds that such a rulemaking is warranted; or (2) include in the report its reasons for determining that such a rulemaking is not warranted.
United States · United States Congress · 19 January 1989
Information Dissemination and Research Accountability Act - Establishes in the National Library of Medicine a National Center for Research Accountability to assist in eliminating duplication of effort in Federal research proposals involving live animals. Prohibits Federal agencies from carrying out or funding any research proposal involving live animals unless the proposal is submitted to the Center following agency approval. Prohibits Federal funding of any proposal the Center determines would duplicate other research completed or in process. Authorizes the Center to contract with private entities to assist in conducting comprehensive full-text literature searches. Directs the Center to report annually to the President and the Congress. Provides for modernization of biomedical information storage and dissemination by the National Library of Medicine. Authorizes the Library to award contracts to the private-sector data recording industry to improve: (1) the development of technologies for storage and dissemination of full-text biomedical information; and (2) dissemination of such information to medical libraries for research use. Requires the Library to report annually to the Congress on its progress. Authorizes appropriations for FY 1986 and thereafter.
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
Intellectual Property Antitrust Protection Act of 1989 - Provides that an intellectual property right shall not be presumed to define a market or to establish market power or monopoly power in any action in which the right holder is alleged to have violated antitrust laws in marketing or distributing a protected product or service.
United States · United States Congress · 4 January 1989
Brady Handgun Violence Prevention Act - Makes it unlawful for any licensed importer, manufacturer, or dealer to sell, deliver, or transfer a handgun to an unlicensed individual unless: (1) the transferor has notified the chief law enforcement officer for the individual's place of residence about the proposed transfer and either has received a response indicating that such transfer is not prohibited by law or has not received a response indicating otherwise within seven days; (2) the individual has presented to the transferor a statement from the officer indicating that the individual requires a handgun because of a threat to him or his family; or (3) the individual has a State handgun permit that is less than a year old which satisfies the same requirements. Requires any transferor who subsequently receives a report from such officer that receipt or possession of the handgun by the individual violates the law to: (1) furnish information about the transfer and the individual to the chief law enforcement officer of the transferor's place of business and the individual's place of residence; and (2) keep confidential any information received which is not otherwise available to the public, with exceptions. Requires a transferor to retain a copy of the individual's sworn statement for at least a year. Requires the law enforcement officer to destroy any copy of the individual's sworn statement and any record containing information derived from such statement within 30 days, unless such officer determines that the transaction would violate Federal, State, or local law. Provides that this Act shall not apply in any State that requires: (1) a seven-day waiting period for the transfer of a handgun to an unlicensed individual; or (2) a State law enforcement officer to verify an unlicensed individual's eligibility to receive a handgun. Sets penalties for violations of this Act.
United States · United States Congress · 4 January 1989
Repeals provisions of the Tax Reform Act of 1986 that restrict the types of scholarships and fellowship grants that may be excluded from gross income for income tax purposes. Amends the Internal Revenue Code to allow an income tax deduction for interest on a qualified educational loan incurred to pay the educational expenses of the taxpayer, spouse, or dependent. Eliminates the current requirement that such indebtedness be secured by an interest in real property.
United States · United States Congress · 3 January 1989
Deceptive Mailings Prevention Act of 1989 - Amends Federal law to declare as nonmailable any mail matter which is designed to resemble a bill, invoice, or statement of account due, but which in fact constitutes a solicitation of donations. Requires such mail matter to bear on its face in conspicuous type that it is a solicitation of donations and that the addressee is under no obligation to make any payment. Declares as nonmailable any mail matter which constitutes a solicitation by a non-governmental entity: (1) for the purchase of products or services which are provided free of charge or at a lower price by the Federal Government, or which are substantially the same as such products or services; (2) for the purchase of products or services and which contains a seal, insignia, trade or brand name, or any other term or symbol which reasonably could be interpreted or construed as implying Federal Government connection, approval, or endorsement; and (3) for the contribution of funds and which contains a seal, insignia, trade or brand name, or any other term which could reasonably be interpreted or construed as implying Federal Government connection, approval, or endorsement. Allows the mailing of such matter if it contains a conspicuous disclaimer that it is not a Government document. Establishes penalties for violations of this Act.
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
Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act to gradually increase SSI benefits so that they are set at the Department of Health and Human Services' Federal Poverty Income Guidelines on and after January 1, 1992.
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
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
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
Interlocking Directorate Act of 1989 - Amends the Clayton Act to prohibit any person from serving as a director or officer (currently director only) of any two corporations if each (currently any) such corporation has capital, surplus, and undivided profits aggregating more than $10,000,000 (currently $1,000,000) and such corporations are competitors, so that a merger, acquisition, or combination would substantially lessen competition or tend to create a monopoly. Establishes exceptions to such interlocking directorate and officer prohibition when: (1) the competitive sales of either corporation are less than $1,000,000; (2) the competitive sales of either corporation are less than three percent of that corporation's total sales; or (3) the competitive sales of each corporation are less than five percent of that corporation's total sales. Increases or decreases the $10,000,000 and $1,000,000 threshold amounts by the percentage increase or decrease in the gross national product for the preceding fiscal year. Provides that a director or officer shall not be deemed ineligible under the provisions of this Act until the expiration of one year from the date the event causing ineligibility occurred. Repeals provisions prohibiting dealings exceeding $50,000 a year by a common carrier with a firm if there is any interlocking directorate, unless competitive bidding is used.
United States · United States Congress · 3 January 1989
Merchant Mariners Fairness and Memorial Act of 1989 - Provides that certain qualified service of a member of the U.S. merchant marine during World War II constituted active military service for purposes of eligibility for various veterans' benefits under the GI Bill Improvement Act of 1977. Requires the Secretary of Defense to issue an honorable discharge under such Act to each merchant marine member whose qualified service warrants such a discharge. Defines "qualified service." Prohibits the payment of any retroactive benefits under this Act. Authorizes the Secretary of Transportation to convey the right, title, and interest of the United States in vessels in the National Defense Reserve Fleet to nonprofit organizations for use in funding merchant marine memorials, provided the vessels have no usefulness to the Government and are scheduled to be scrapped and the organizations agree to sell the vessels for scrap, divide the proceeds, and use them for memorials. Requires organizations to have raised a minimum amount from non-Federal sources before enactment of this Act in order to participate in the sale. Limits an organization to one grant under this Act.
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
Federal Employees' Political Activities Act of 1989 - Prohibits an employee from using or attempting to use official authority or influence to interfere with or affect the result of any election. Prohibits an employee from using or attempting to use official authority to intimidate, threaten, coerce, command, or influence: (1) any individual for the purpose of interfering with the right of any individual to vote as the individual may choose, or of causing any individual to vote, or not to vote, for any candidate or measure in any election; (2) any person to give or withhold any political contribution; or (3) any person to engage, or not to engage, in any form of political activity. Prohibits an employee from using, attempting to use, or permitting the use of any official information, unless such information is available to the general public. Prohibits an employee from: (1) giving or offering to give a political contribution to any individual either to vote or to refrain from voting, or to vote for or against any candidate or measure, in any election; (2) soliciting, accepting, or receiving a political contribution to vote or refrain from voting, or to vote for or against any candidate or measure, in any election; or (3) giving or handing over a political contribution to a superior of the employee. Prohibits an employee from soliciting, accepting, or receiving, or from being in any manner concerned with soliciting, accepting, or receiving, a political contribution: (1) from another employee (or a member of another employee's immediate family) with respect to whom the employee is a superior; or (2) in any room or building occupied in the discharge of official duties by a Federal employee or official or an individual receiving salary or compensation from the Treasury. Prohibits an employee from soliciting, accepting, or receiving a political contribution from, or giving a political contribution to, any person who: (1) has, or is seeking to obtain, contractual or other business or financial relations with the employing agency; (2) conducts operations or activities which are regulated by that agency; or (3) has interests which may be substantially affected by the performance of the employee's official duties. Directs the Special Counsel of the Merit Systems Protection Board to prescribe regulations which exempt employees from such prohibitions. Prohibits an employee from engaging in political activity: (1) while on duty; (2) in any room or building occupied in the discharge of official duties by a Federal employee or official; (3) while wearing a uniform or official insignia identifying the office or position of the employee; or (4) while using any vehicle owned or leased by the Government. Exempts certain high level political appointees from such prohibitions if the costs associated with the political activity are not paid for by money derived from the Treasury. Authorizes leave without pay or accrued annual leave to an employee who is a candidate, upon request, to allow such employee to engage in activities relating to that candidacy. Declares that such request may be denied if the exigencies of the public business so require. Declares that such employee may be required to take leave without pay or accrued annual leave in order to be a candidate if activities relating to the candidacy interfere with the employee's performance of duties. Applies this Act to postal employees and employees of the Postal Rate Commission.
United States · United States Congress · 3 January 1989
Anti-Terrorism and Arms Export Amendments Act of 1989 - Amends the Arms Export Control Act to prohibit the Government or U.S. persons from exporting or providing munitions items to, or facilitating (through loans, credits, guarantees, or other financial assistance) the acquisition of munitions by, any country, or any individual or group in a country, which, as determined by the Secretary of State, has repeatedly provided support for acts of international terrorism. Permits the rescission of a determination of the Secretary only after the President makes specified certifications to the Congress concerning the country involved. Authorizes the President to waive such prohibition with respect to transactions determined to be vital to national security after consulting with, and reporting to, the Congress. Exempts from such prohibition transactions subject to reporting requirements of the National Security Act of 1947. Authorizes additional waivers pursuant to authority under the Foreign Assistance Act of 1961 in exceptional circumstances where time is of the essence and the President consults with and submits a report to the Congress at least 24 hours prior to granting such a waiver. Sets forth criminal and civil penalties for violations of this Act. Requires the Director of the U.S. Arms Control and Disarmament Agency, in making decisions concerning the issuance of export licenses, to consider whether the export of an article will support international terrorism. Requires the Director's evaluation of an arms sale submitted to the Congress to include an evaluation of whether the sale would support international terrorism. Amends the Export Administration Act of 1979 to require a validated license for the export of goods or technology to a country if the Secretary determines that: (1) such country has repeatedly provided support for acts of international terrorism; and (2) such exports could contribute to the military potential of such country or would enhance the ability of such country to support acts of international terrorism. Removes the $1,000,000 threshold for notification to the Congress of the issuance of an export license. Revises the President's authority to rescind the Secretary's determination. Amends the Foreign Assistance Act of 1961 to prohibit the provision of any assistance under such Act, the Agricultural Trade Development and Assistance Act of 1954, the Peace Corps Act, or the Export-Import Bank Act to any country which the Secretary determines has repeatedly provided support for acts of international terrorism. Authorizes the President to: (1) rescind such a determination only after making specified certifications to the Congress concerning the country involved; and (2) waive such prohibition for national security interests or humanitarian reasons only after consulting with, and reporting to, the Congress. Requires the President, in order to rescind a determination by the Secretary that a country supports international terrorism, to certify to the Congress that: (1) there has been a fundamental change in the leadership and policies of the government concerned and such government is not supporting acts of international terrorism and has provided assurances not to do so in the future; or (2) the government concerned has not provided any support for international terrorism during the preceding six-month period and has provided assurances that it will not support acts of international terrorism in the future. Amends the Arms Export Control Act to specify that any presidential designation to place a defense item on the munitions list shall be final and conclusive and shall not be subject to judicial review. Directs the President to include in required quarterly reports to the Congress concerning military exports a listing of: (1) all consents granted to third-party transfers of defense articles or defense services exceeding $1,000,000 in value; and (2) munitions items exceeding $250,000 in value transferred by the Department of Defense to other agencies of the U.S. Government, excluding items transferred for use within the United States or for intelligence activities subject to other reporting requirements under the National Security Act of 1947. Revises requirements for reporting the use of foreign assistance funds where it is inadvisable to specify the nature of the use of such funds to require that such a report be transmitted to the Committee on Foreign Affairs of the House of Representatives rather than to the Speaker of the House. Amends the Hostage Act to specify that the President may not use any means otherwise prohibited by law in attempting to cause the release of U.S. citizens imprisoned by foreign governments. (Current law specifies that the President may not use any means amounting to acts of war.) Specifies that the use by any government of armed force in the exercise of individual or collective self-defense in accordance with applicable international agreements and customary international law shall not be considered an act of international terrorism for purposes of this Act.
United States · United States Congress · 3 January 1989
Amends the Child Nutrition Act of 1966 to extend through FY 1995 the authorization of appropriations for, and other provisions relating to: (1) State administrative expenses; (2) the special supplemental food program; and (3) nutrition education and training. Amends the National School Lunch Act to extend through FY 1995 the authorization of appropriations for, and other provisions relating to: (1) the summer food service program for children; and (2) the commodity distribution program.
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
Veal Calf Protection Act - Prohibits certain practices in the raising of calves for veal. Describes the practices as the confining of calves in small crates and the feeding of calves with diets deficient in solid foods. Fixes penalties and permits civil actions with respect to prohibited acts.
United States · United States Congress · 3 January 1989
Fair Labor Standards Amendments of 1989 - Amends the Fair Labor Standards Act of 1938 (the Act) to increase the minimum wage per hour from $3.35 in 1989 to: (1) $3.85 in 1990; (2) $4.25 in 1991; and (3) $4.65 in 1992 and thereafter. Provides for biennial adjustments of the minimum wage beginning in 1994. Directs the Minimum Wage Review Board (established by this Act), during the 90-day period beginning January 1, 1994, to review current economic data on wages, prices, and other economic indicators and determine how the minimum wage rate should be adjusted. Directs the Board, by October 1, 1994, to transmit to the Congress a recommendation of the rate that should be placed in effect on January 1, 1995, including an estimate of the economic effects of doing so. Directs the Board to conduct such reviews and transmit such recommendations biennially. Establishes the Minimum Wage Review Board, composed of five members appointed by the President and certain congressional officers. Increases the small business exemption by revising the definition of an enterprise engaged in commerce for purposes of coverage under the Act ("the enterprise test"). Exempts from such coverage retail or service establishments whose annual gross volume of sales or business is less than $500,000 (currently $362,500), effective in 1989. Requires employers who were covered in 1988, but who are exempt under the new threshold, to continue to pay the $3.35 per hour minimum wage. Increases the tip credit under the Act from 40 percent to 45 percent for 1990 and to 50 percent for 1991 and thereafter. (The tip credit deems the amount paid to a tipped employee, for minimum wage purposes, to be increased by an amount determined by the employer, but not by an amount in excess of the specified percentage of the applicable minimum wage rate.)
United States · United States Congress · 3 January 1989
Anti-Apartheid Act Amendments of 1989 - Title I: Sanctions Against Investment in, and Exports to, South Africa and Other Measures (Except Import Restrictions) to End Apartheid - Part A: Amendments to the Comprehensive Anti-Apartheid Act of 1986 and Other Laws - Amends the Comprehensive Anti-Apartheid Act of 1986 to prohibit any investments in South Africa by U.S. persons. Makes exceptions to such prohibition for: (1) investments in a business enterprise 90 percent owned and controlled by South Africans economically and politically disadvantaged by apartheid; and (2) investments made by certain individuals during any period and to the extent that such investments are considered South African emigrant non-resident assets and subject to transfer or disposition restrictions. Authorizes a person to apply for, and the President to grant for good cause, a waiver of such prohibition for up to 180 days. Requires U.S. controlled South African entities that are subject to the investment prohibition and that employ more than 24 South Africans economically and politically disadvantaged by apartheid to: (1) notify employees and employee organizations not less than 90 days prior to termination of the U.S. investment in such entity; and (2) enter into good faith negotiations with representative trade unions regarding the terms of such termination. Prohibits the exportation or reexportation to South Africa of any goods or technology subject to U.S. jurisdiction. Prohibits any such exportation or reexportation by any person subject to U.S. jurisdiction. Exempts from such prohibition publications, donations of food, clothing, and medical supplies, commercial sales of agricultural commodities and products, and goods and technology for use in the gathering or dissemination of information by news media organizations subject to U.S. jurisdiction. Makes such prohibitions inapplicable to: (1) any goods that are the direct product of technology of U.S. origin under a written agreement entered into on or before April 20, 1988, and that are exported within one year of the enactment of this Act; (2) economic assistance or human rights programs for disadvantaged South Africans, South African blacks or other nonwhite South Africans, or victims of apartheid in South Africa; and (3) contributions to charitable organizations engaged in social welfare, public health, religious, educational, or emergency relief activities in South Africa. Repeals specified provisions of the Comprehensive Anti-Apartheid Act of 1986 that: (1) prohibit certain exports to, imports from, and investments in South Africa; (2) set forth U.S. policy toward the recruitment and training of black South Africans; and (3) prohibit U.S. intercession with any foreign government regarding export activities of certain U.S. nationals in South Africa who are not implementing the Code of Conduct. Revises the definition of "loans" for purposes of such Act to prohibit short-term trade financing, sales on open account, and rescheduling of existing loans. Adds other definitions for purposes of such Act. Prohibits any U.S. agency or entity involved in intelligence activities from engaging in any form of cooperation with the Government of South Africa (specifically including the authorities administering Namibia so long as Namibia is illegally occupied). Prohibits any U.S. agency or entity from engaging in any form of cooperation with the armed forces of South Africa. Prohibits funds made available by the Congress from being obligated or expended for any expense related to any prohibited cooperation. States that the President should not: (1) assign or detail any member of the U.S. armed forces to serve as a defense or military attache in South Africa; or (2) accredit any individual to serve as a defense or military attache at a South African diplomatic mission in the United States. Repeals provisions of the Intelligence Authorization Act for Fiscal Year 1987 concerning restrictions on intelligence agency cooperation with South Africa. Prohibits the Secretary of Energy from authorizing any person to engage, directly or indirectly, in the production of special nuclear materials in South Africa. States that South Africa's granting of independence to Namibia is a major policy goal of the United States. Includes such granting of independence as one of several actions South Africa must take to have U.S. sanctions terminated. Revises penalty provisions of the Comprehensive Anti-Apartheid Act of 1986. Establishes within the Department of State a Coordinator of South Africa Sanctions who shall be responsible to the Secretary of State for matters pertaining to the implementation of sanctions against South Africa. Directs the Coordinator to place emphasis on activities related to strategically important trade in oil, coal, computers, specialized machinery and arms, and to financial credits. Sets forth the responsibilities of the Secretary of State in leading and coordinating the activities of other agencies in implementing and enforcing the Comprehensive Anti-Apartheid Act of 1986 and in monitoring other nations' economic relations with South Africa. Requires the Secretary to report annually to the Congress on actions to monitor and enforce such Act and on economic relations between South Africa and each of its trading partners. Establishes an Inter-Agency Coordinating Committee on South Africa to coordinate and monitor the implementation of such Act. Revises provisions of such Act regarding the Code of Conduct and expanded participation in the South African economy. Requires Federal agencies to make efforts to assist businesses more than 90 percent (currently, 50 percent) owned by black or nonwhite South Africans. Amends the Export Import Bank Act of 1945 to require the Bank to insure or participate in the extension of credit to businesses more than 90 percent owned (currently, majority owned) and controlled by black or nonwhite South Africans. Amends the Foreign Assistance Act of 1961 to permit the use of a specified amount of funds authorized for economic development assistance for assistance to disadvantaged South Africans. Specifies that such assistance may include scholarships, the promotion of the participation of disadvantaged South Africans in trade unions and private enterprise, alternative education and community development programs, and training and other assistance (including legal aid) for South African journalists. Lists major trade union federations in South Africa and Namibia as examples of recipients of U.S. assistance to the labor movement. Earmarks a specified amount of such funds for refugee education and assistance for South Africans and Namibians. Prohibits any U.S. person from providing transport to South Africa of a commercial quantity of crude oil or refined petroleum products. Includes in such prohibition transport on a vessel of U.S. registry or on a vessel owned by a U.S. person. Prohibits the Secretary of the Interior from issuing any mineral lease to any national of the United States which is controlled by any foreign person who purchases, acquires, owns, or holds any investment in South Africa or who exports crude oil or refined petroleum products to South Africa. Authorizes the President to waive such prohibitions under specified conditions. Part B: Policy Statements; Reports; Studies; and Other Miscellaneous Provisions - Expresses the sense of the Congress that the President should: (1) direct the Attorney General to conduct an antitrust investigation of the South African controlled international diamond cartel; (2) direct the Secretary of Commerce and the Commissioner of Customs to study the feasibility of identifying at the port of entry the national origin of diamonds entering the United States; and (3) ensure effective and rigorous enforcement of a prohibition on the importation into the United States of uncut South African diamonds by taking specified measures. Expresses the sense of the Congress that: (1) the President should close two of South Africa's consulates general, eliminate all honorary consuls of South Africa in the United States, and forbid expansion of South Africa's embassy staff; and (2) approval of temporary U.S. visas should be granted on a case-by-case basis after considering South Africa's record of allowing its citizens, including apartheid opponents, to travel to the United States. Requires the President to study and report to the Congress on measures to reduce South Africa's foreign exchange earnings from gold. Directs the Secretary of State to report to the Congress on South Africa's involvement in international terrorism. Title II: Sanctions Against South African Imports Into the United States - Prohibits the importation into the United States of any article from South Africa, except: (1) strategic minerals which the President certifies to the Congress are essential for military or economic purposes and are not available from alternative reliable suppliers or through improved manufacturing processes, conservation, recycling, and economical substitution; and (2) publications. Specifies that such prohibition includes: (1) krugerrands or any gold coin minted in South Africa or offered for sale by the Government of South Africa; (2) uranium hexafluoride that has been manufactured from South African uranium or uranium oxide; and (3) fish or seafood which are products of South Africa. Exempts from such prohibition any imports from business enterprises in South Africa that are wholly-owned by persons economically or politically disadvantaged by apartheid. Requires the President to confer with other industrialized democracies in order to reach cooperative agreements to impose sanctions against South Africa to bring about the dismantling of apartheid. Requires the President to report to the Congress concerning such efforts. Requires (currently, encourages) the President to seek United Nations Security Council adoption of the same sanctions against South Africa as are imposed by the United States. Requires (currently, authorizes) the President to impose penalties against foreign persons taking significant commercial advantage of U.S. sanctions against South Africa or comparable sanctions of other industrialized democracies. Includes as such a penalty the restriction of such a person from contracting with U.S. Government entities. Allows the President to waive such penalties for foreign persons of an industrialized democracy that is a party to a cooperative agreement to impose sanctions against South Africa. Requires the President to revoke such waiver if the industrialized democracy is not adequately enforcing the measures provided for under the agreement. Requires that information concerning the extent to which import restrictions are being enforced by other industrialized democracies be included in the Secretary of State's annual report to the Congress. Sets forth provisions pertaining to committee referral in the House of Representatives of joint resolutions pertaining to import restrictions. Requires the President, through the Secretary of Commerce, to submit periodic reports to the Congress setting forth the average amounts of imports of coal or any strategic and critical material entering the United States from each member and observer country of the Council for Mutual Economic Assistance. Requires the President to report annually to the Congress on the program to reduce U.S. dependence on strategic minerals from South Africa. Requires the President to confer with the governments of the African "frontline" States on measures to prevent the circumvention of the import restrictions on South African products imposed under the authority of this Act. Title III: General Provisions - Makes conforming amendments and sets forth the effective date of this Act.
United States · United States Congress · 3 January 1989
Act for Better Child Care Services of 1989 - Amends the State Dependent Care Development Grants Act (subchapter D of chapter 8 of subtitle A of title VI of the Omnibus Budget Reconciliation Act of 1981) to provide for a Federal program for the improvement of child care and to retitle such Act as the State Child Care Development Grants Act of 1989. Sets forth a formula for allotments to States based on numbers of children under age five, numbers of children eligible for free or reduced price lunches under the school lunch program, and per capita income. Authorizes the Secretary of Health and Human Services (the Secretary) to make grants to applicant Indian tribes or tribal organizations for programs and activities under this Act for the benefit of Indian children. Requires the chief executive officer of a State to designate an appropriate State lead agency. Requires the agency to establish several local advisory councils that collectively represent the entire geographical area in the State. Requires States to submit to the Secretary, in order to qualify for assistance under this Act, an application and five-year plan. Requires the plan to set forth procedures designed to ensure that: (1) the parents of children who will receive assisted child care services are permitted to select the eligible child care provider; (2) the State will attempt to place such child with such provider; and (3) each eligible child care provider will provide service to a reasonable mix of children, including those from different socioeconomic backgrounds and those with a handicapping condition. Requires the plan to specify that at least 75 percent of the State allotment will be used to provide qualified child care services to eligible children, on a sliding fee scale basis (according to specified funding methods), with priority given to services to children of families with very low incomes. Requires that at least ten percent of such reserved funds be used to provide for the extension of part-day programs. Requires the plan to make ineligible for assistance under this Act child care providers who are convicted, or who employ as providers of child care services persons convicted of specified Federal and State offenses involving sexual contact with individuals under age 16 or the production or advertisement of child pornography. Sets forth special rules for use of State allotments. Requires that child care services be provided by: (1) contracts with or grants to eligible child care providers for direct services; (2) grants to local governments to contract with direct providers; or (3) child care certificates distributed to parents of eligible children to enable them to purchase such services from such providers. Prohibits financial assistance under this Act from being expended for the construction of any new facility, and sets forth limitations on such assistance for renovation or repair of existing facilities. Authorizes the Secretary to make planning grants, in the first year of their program participation, to States which desire to participate under this Act but cannot fully satisfy the requirements of a State plan without financial assistance. Requires States receiving funds to recognize and assist private nonprofit community-based organizations, public organizations, local governments, or public agencies representing combinations of local governments, as resource and referral agencies for particular areas. Requires resource and referral programs to: (1) identify existing child care services; (2) inform and refer parents to such services; (3) provide for information, training, and technical assistance to existing and potential providers; and (4) provide information on supply of and demand for such services in a community. Requires each participating State to require that all employed or self-employed persons providing licensed or regulated child care complete at least 15 hours per year of specified training. Directs the State to make grants to and enter into contracts with specified entities to provide such training. Requires participating States to provide scholarship assistance to: (1) individuals who seek a nationally recognized child development associate credential for center-based or family child care and whose income is not more than 50 percent above the poverty line; and (2) caregivers who seek to obtain the 15-hour minimum annual training and whose income is not above the poverty line. Requires participating States to carry out activities designed to encourage businesses in the State to support or provide child care services to a reasonable mix of children of employees and nonemployees, including those from different socioeconomic backgrounds. Establishes in the Department of Health and Human Services the position of Administrator of Child Care to: (1) coordinate all Department and other Federal agency activities relating to child care; (2) collect and publish annually State child care standards; (3) evaluate activities founded under this title; (4) act as a clearinghouse for specified matters; and (5) provide technical assistance to States. Establishes Federal enforcement provisions for review of State plans and monitoring of compliance. Sets the Federal share of the aggregate amount to be spent under the State plan at 80 percent, but raises it to 85 percent when the State demonstrates that all child care providers are appropriately licensed and regulated and that those receiving assistance meet certain requirements and minimum standards. Directs the Governor of each participating State to establish a State advisory committee on child care to assist the lead agency. Requires the committee to have a subcommittee on licensing to review the laws applicable to the requirements and policies of each licensing agency. Requires a subcommittee report to the Governor, and requires the Governor, within 60 days of its receipt, to report to the Secretary with comments and a plan for correcting or improving licensing, regulating, and monitoring of child care services and programs. Requires the Secretary to establish a National Advisory Committee on Child Care Standards to: (1) review Federal policies on child care services; (2) submit to the Secretary proposed minimum standards for child care programs; and (3) develop and make available to lead agencies model regulations for resource and referral agencies. Limits the scope of such standards for specified types of child care services and sets forth the administrative procedure for promulgating them. Prohibits financial assistance under this Act for: (1) any sectarian purpose or activity; or (2) any services during the regular grade or high school day, or for which academic credit is given toward graduation, or which supplant or duplicate a public or private school academic program. Prohibits a child care provider from discriminating against any child on the basis of religion when providing child care services in return for a fee paid, reimbursement received, or certificate redeemed in whole or in part with financial assistance provided under this Act. Provides for a review of the operation of a State plan during the five-year period to determine the State's continued eligibility for funds. Makes eligible for services under this Act children: (1) under 13 years of age; (2) whose family income does not exceed 115 percent of the State median income for a family of the same size; and (3) who either reside with a parent or parents who are working, are seeking employment, or are enrolled in a job training or education program, or reside with a parent or parents not thus described and receive or need to receive protective services. Authorizes appropriations for FY 1990 through 1994.
United States · United States Congress · 3 January 1989
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
Mental Health and Aging Act of 1989 - Title I: Amendments to Public Health Service Act - Amends the Public Health Service Act to require States to use a specified portion of grants for community health services for programs serving individuals at or over 65 years of age who are not in mental institutions. Directs each State to: (1) increase services informing children, adolescents, elderly individuals, and their families of the availability of community mental health services; and (2) establish and implement a program assuring the quality and effectiveness of community mental health services. Sets forth a community mental health services consumer's bill of rights which includes provisions addressing the right to: (1) receive appropriate treatment in a safe and humane setting pursuant to an individualized, written, treatment plan; (2) exercise personal liberties; (3) make or participate in informed decisions regarding the course of treatment; (4) be notified regarding changes in treatment eligibility status and, upon discharge, referred as appropriate to other mental health service providers; and (5) be informed regarding charges and coverage for such services. Authorizes the Secretary of Health and Human Services to make grants to States, localities, and nonprofit private agencies for mental health services demonstration projects for the planning, coordination, and improvement of community services (including outreach and self-help services) for elderly individuals and for the conduct of research concerning such services. Authorizes appropriations for such projects for FY 1990 and 1991. Reserves specified amounts of appropriations to the National Institute of Mental Health and to the National Institute on Aging for FY 1990 through 1992, which are in excess of FY 1989 appropriations, for programs of clinical training, research training, and career development regarding the mental health of the elderly. Amends the Older Americans Act of 1965 to authorize appropriations for FY 1990 through 1992 for the education and training of personnel concerned with the mental health of the elderly. Amends the Public Health Service Act to reserve specified amounts of appropriations to the National Institute of Mental Health and to the National Institute on Aging for FY 1990 through 1992, which are in excess of FY 1989 appropriations, for research on the mental health and psycho-social well-being of elderly individuals. Amends the Older Americans Act of 1965 to authorize appropriations for FY 1990 through 1992 for research, development, and demonstration projects regarding the mental health of elderly individuals. Requires the Secretary to enter into a contract with the Institute of Medicine of the National Academy of Sciences for the conduct of a study to determine methods for measuring and assuring the quality and effectiveness of mental health services and alcohol and drug abuse treatment services. Requires that the Institute complete such study and report to the Congress. Authorizes appropriations for FY 1990. Directs the Secretary to provide for and report to the Congress by January 1, 1991, on additional studies: (1) comparing mental health services under Medicare (title XVIII of the Social Security Act) and non-Medicare prepaid health plans, and in settings other than prepaid health plans; (2) examining mechanisms for ensuring the quality of, and access to, mental health services delivered by State, local, and independent mental health facilities; (3) examining minority access to community mental health centers; (4) examining the adequacy and optimal utilization of mental health manpower; and (5) examining the adequacy of minority mental health manpower and training. Authorizes the Secretary to conduct demonstration projects to determine methods of increasing minority access to community mental health centers. Authorizes appropriations for such studies and projects. Title II: Changes in Medicare and Medicaid Programs - Amends part B (Supplementary Medical Insurance) of the Medicare program to cover up to 20 physician visits per year to an outpatient suffering from mental disorders if the main purpose of such visits is to assess the individual's status and drug plan, and to perform necessary lab tests. Permits the extension of such limit upon a determination of the necessity of such visits. Covers, under the Medicare and Medicaid (title XIX of the Act) programs, outpatient mental health services furnished in a community mental health center or by a physician, clinical psychologist, clinical social worker, or psychiatric nurse specialist, provided such services would otherwise be covered if furnished by a physician. Provides Medicare coverage of in-home care for up to 120 hours per year for a chronically dependent individual. (Currently, up to 80 hours of such coverage is provided after an individual has incurred catastrophic expenses.) Amends the Medicaid program to define an institution for mental diseases as an institution that has more than 16 beds and: (1) is under the jurisdiction of the State mental health authority; (2) advertises itself as primarily specializing in treating individuals with mental disease; or (3) is made up, for the most part, of patients who do not have a physical condition which in itself requires the level of services provided in a skilled nursing facility. Amends the Medicare and Medicaid programs to require nursing facilities to provide access to medically necessary mental health services. Directs the Secretary to ensure the reasonableness of levels of reimbursement of nursing facilities under the Medicare and Medicaid programs for their provision of mental health services. Requires that Medicare payments for outpatient mental health services be made on an assignment-related basis. Requires Medicare carriers and fiscal intermediaries to provide for reviews to assure appropriate utilization of services covered by this Act. Prohibits charges for covered outpatient mental health services from increasing by more than the average percentage increase of the Consumer Price Index and the Medicare Economic Index. Directs the Secretary to develop a prospective payment system for Medicare outpatient mental health services and report to the Congress regarding such system by January 1, 1991. Amends part A (General Provisions) of title XI of the Act to impose additional conditions on mental health providers' participation in the Medicare and Medicaid programs. Includes among such conditions the requirements that each provider: (1) comply with the consumer bill of rights; (2) provide each consumer with written grievance procedures and written notice of the services to be provided; (3) have the capacity to identify potential clients, provide mental health services, and coordinate their services with those provided by others; and (4) engage in consumer needs assessment and care and discharge planning activities. Requires health maintenance organizations to ensure access to, and the quality of, the outpatient mental health services they provide. Requires peer review organization review of the mental health services for which payment is made under the Medicare or Medicaid program.
United States · United States Congress · 3 January 1989
Social Security Reorganization Act of 1989 - Title I: Establishment of the Social Security Administration - Amends title VII (Administration) of the Social Security Act to establish as an independent executive agency a Social Security Administration, headed by a Social Security Board. Provides that it shall be the duty of the Administration to administer the programs established by titles II (Old Age, Survivors and Disability Insurance) and XVI (Supplemental Security Income) of the Social Security Act. Requires the Board to study and make recommendations as to the most effective methods of providing economic security through social insurance and as to legislation and matters of administrative policy. Establishes in the Administration: (1) a Commissioner of Social Security; (2) an Office of Hearings and Appeals, to be headed by a Chief Administrative Law Judge; (3) a Deputy Commissioner of Social Security; (4) a General Counsel; (5) a Chief Actuary; (6) an Office of Policy and Legislation, to be headed by a Director of Policy and Legislation; (7) an Inspector General; and (8) an Office of the Ombudsman, to be headed by a Social Security Ombudsman who shall represent the concerns of the public regarding the OASDI and SSI programs to the Commissioner, the Board, and the President, and conduct studies and surveys of the administrative effectiveness and program policy goals of the agency. Establishes a Citizens' Advisory Committee within the Office of the Ombudsman to prepare and transmit to the Congress a biennial report assessing the administration and objectives of the OASDI and SSI programs. Authorizes the Committee to request, and assist in the preparation of, ombudsman studies and surveys of the agency's administration of the OASDI and SSI programs. Requires the Board to make annual budgetary recommendations relating to the Administration. Requires that appropriations requests by the Administration for staffing and personnel be based upon a comprehensive workforce plan established by the Board. Provides for the apportionment of administrative costs. Requires the annual report of the Board to include a section reflecting the use of budget authority provided to the Administration. Requires that authority for automated data processing procurement and facilities construction be provided in the form of contract authority covering the total cost of such acquisitions. Makes amounts needed for the liquidation of contract authority so provided available from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund to the extent that such amounts are not needed to meet current obligations for benefit payments. Requires the Board to cause a seal of office to be made and judicial notice taken thereof. Transfers to the Administration functions carried out by the Secretary of Health and Human Services with respect to the programs and activities to be carried out by the Administration under this Act. Abolishes the position of Commissioner of Social Security in the Department of Health and Human Services. Sets forth a beneficiary bill of rights under which: (1) all individuals are required to be treated fairly by the Board, the Commissioner, and the Secretary; (2) the Board, the Commissioner, and the Secretary are prohibited from discriminating on the basis of age, sex, race, creed, color, handicap, national origin, or economic condition; (3) the Commissioner and the Secretary should maintain prompt, professional, and effective service which is accessible and responsive to the community; (4) benefit payments are to be timely and proper; (5) a personal conference with an official or employee of the agency or Department of Health and Human Services is to be accorded to a beneficiary adversely affected by a determination of the Commissioner or the Secretary; and (6) a beneficiary is to receive, with respect to appealable administrative matters, a full, fair, and impartial evidentiary hearing before an administrative law judge. Sets forth effective date and transitional rule provisions. Title II: Conforming Amendments and Rules of Construction - Requires the Secretary and the Board to report to the Congress within 120 days after the beginning of each regular session on their administration under this Act. Requires the Secretary to study and make recommendations on the most effective methods of providing economic security and on the administrative policy for the programs. Directs the Board to appoint, quadrennially, an Advisory Council on the Old-Age, Survivors and Disability Insurance Program and an Advisory Council on Health and Supplementary Medical Insurance to review the relation of the trust funds supporting the OASDI program and the Medicare program and the long-term commitments of those programs. Requires each council to submit a report to the Board for transmittal to the Congress and the Board of Trustees of each trust fund. Title III: Management of the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund and the Federal Hospital Insurance Trust Fund - Amends the OASDI and Medicare (title XVIII of the Act) programs to direct the Managing Trustees of the Federal Old-Age and Survivors Insurance Trust Fund, Federal Disability Insurance Trust Fund, and Federal Hospital Insurance Trust Fund (trust funds) to immediately invest that portion of the trust funds which is not required for current withdrawals. Requires the investment of amounts in the OASDI trust funds to be made in accordance with policies established by the Social Security Board. Prohibits the sale and redemption of trust fund assets or the expenditure of trust fund amounts for purposes other than those specified in titles II and XVIII of the Act.
United States · United States Congress · 3 January 1989
Constitutional Amendment - Declares that equality of rights under the law shall not be denied or abridged by the United States or any State on account of sex.
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.
United States · United States Congress · 3 January 1989
Title I: Housing and Urban Development - Makes supplemental FY 1989 appropriations for the following Department of Housing and Urban Development programs for the homeless: (1) assisted housing; (2) emergency shelter grants; (3) supportive housing demonstration projects; and (4) supplemental assistance for facilities to assist the homeless. Makes supplemental FY 1989 appropriations for: (1) the Federal Emergency Management Agency's emergency food and shelter program; and (2) the Department of Veterans Affairs medical care for homeless veterans program. Title II: Health and Human Services - Makes supplemental FY 1989 appropriations for the following Department of Health and Human Services programs for the homeless: (1) health services; (2) community mental health and mental health services demonstration projects; (3) alcohol and drug abuse treatment; and (4) emergency community services block grants.
United States · United States Congress · 3 January 1989
Condemns the Government of Greece for permitting an alleged Palestinian terrorist, Abdel al-Zomar, to leave Greece and for denying the extradition request of the Government of Italy. Urges the Government of Greece to adhere to the U.S.-Greek extradition treaty and to extradite Mohammed Rashid to the United States.
United States · United States Congress · 3 January 1989
Salvadoran Foreign Assistance Reform Resolution - Expresses the sense of the Congress that: (1) the U.S. foreign assistance program for El Salvador should be revised to promote a negotiated settlement and a reduction of human suffering; (2) the ratio of assistance should be reversed in FY 1990 so that the amount spent on the war effort is only one-third of the amount spent for reform and development activities; (3) such assistance should not be distributed in a manner which would promote the interests of any particular political party; (4) such assistance should be distributed through church-related and other nongovernmental organizations and international organizations selected by the Agency for International Development; and (5) the President should report quarterly to the Congress on the restructuring of such assistance, the economic results of such restructuring, and any reports of corruption in its distribution.
United States · United States Congress · 20 October 1988
International Peacekeeping Activities Authorization Act of 1988 - Authorizes the President to transfer specified funds during FY 1989 to the Contributions for International Peacekeeping Activities Account or the Peacekeeping Operations Account of the Department of State in order to meet requests for contributions or other assistance for new international peacekeeping activities. Provides that such transferred funds shall be deemed to be authorized to be appropriated for such accounts. Subjects any transfer or obligation of such funds to the regular reprogramming procedures of the relevant committees of the Congress.
United States · United States Congress · 4 October 1988
Commends the selection of the United Nations peacekeeping forces as the recipients of the 1988 Nobel Peace Prize. Recognizes their coverage and supports their continued efforts to strengthen international peace and security. Urges the United Nations to redouble its efforts to secure the release of the U.S. citizens and other hostages being held in the Middle East.
United States · United States Congress · 4 October 1988
Expresses the sense of the Congress that: (1) the Amateur Basketball Association United States of America and the U.S. Olympic Committee should promote the adoption of rules that would make all basketball players eligible to compete in the Olympic games; and (2) the U.S. Olympic Committee should promote the elimination of the distinction between amateur and professional athletes in all sports for purposes of eligibility to compete in the Olympic games.
United States · United States Congress · 30 September 1988
Lebanon Reconstruction Resolution of 1988 - Expresses the sense of the Congress that the United States should: (1) help foster presidential elections in Lebanon; (2) endorse the withdrawal of all foreign military and paramilitary forces from Lebanon; (3) endorse restored national sovereignty for Lebanon as well as control over subversive elements; (4) encourage the establishment and recognition of Lebanese nonbelligerence with respect to regional conflicts; (5) oppose territorial annexation or de facto partition of Lebanon; (6) assume the role of a diplomatic broker helping Lebanon recover its position as an integral element in the geopolitical equilibrium of the region; (7) work to expand the mandate and operational capability of the United Nations Interim Force in Lebanon to promote national reconciliation and rebuild national governmental institutions; (8) encourage a reorganization of the relationship between Syria and Lebanon that would foster mutual sovereignty, self determination, and mutual respect; (9) assist a political and economic reconstruction of Lebanon that reinforces the current constitutional democracy; or (10) commit itself to an overall assistance program to address economic expansion and social problems in Lebanon following significant progress toward constitutional reform and national reconciliation.
United States · United States Congress · 28 September 1988
Expresses the sense of the Congress that the United States should: (1) encourage all parties in Lebanon to support the constitutional mandate to elect a new President; (2) reinforce its commitment to national sovereignty for Lebanon; and (3) oppose actions which promote a partition of Lebanon.
United States · United States Congress · 27 September 1988
Chemical Warfare Control Act - Amends the Export Administration Act of 1979 to set forth as U.S. policy the use of export controls to curtail transfers of material and technology used in producing chemical weapons. Requires the President to prepare a list of materials and technology which would assist a country's chemical warfare capability. Prohibits the export of such materials and technology to Iran, Iraq, Libya, or Syria or, at the President's discretion and upon notification to the Congress, to additional countries. Authorizes the President to waive such prohibition upon determining that an export will not assist a country's chemical warfare capability. Authorizes the exclusion of any country from such prohibition beginning 30 days after the President submits the name of such country to the Congress. Requires the President, no later than 90 days after enactment of this Act and every 180 days thereafter, to submit to specified House and Senate members and committees a report on: (1) the efforts by Iran, Libya, and Syria to acquire the materials to produce chemical weapons; and (2) the present and future capability of such countries to produce such weapons. Requires the report to: (1) assess whether Communist-bloc countries have aided such countries in acquiring such materials; (2) list companies in non-Communist countries which have exported items on the President's list to such countries; and (3) provide credible information that any non-Communist country has aided such countries. Directs the President to apply sanctions to any foreign person who exports any item on the list to any such country. Requires that such sanctions prohibit: (1) contracting with and procuring products and services from a sanctioned person by the U.S. Government; and (2) importing products produced by such person into the United States. Declares that the President shall not apply sanctions in the case of procurement of defense articles and services if: (1) the articles and services are under existing contracts; (2) the President determines that the person to whom sanctions would apply is the sole supplier of essential defense articles or services; or (3) the President determines that such articles or services are essential to national security. Prohibits the application of sanctions to: (1) contracts entered into before the President notifies the Congress of the intention to impose sanctions; (2) spare parts; (3) component parts; (4) routine servicing and maintenance of products; or (5) information and technology.
![Official portrait of Rep. Feighan, Edward F. [D-OH-19]](https://www.congress.gov/img/member/f000059_200.jpg)