United States · United States Congress · 3 January 1989
Hotel and Motel Fire Safety Act of 1989 - Amends the Federal Fire Prevention and Control Act of 1974 to require the Director of the Federal Emergency Management Agency to issue guidelines governing the use and installation of automatic sprinkler systems and smoke detectors in places of public accommodation. Includes within such guidelines the requirements that, in each public accommodation: (1) an automatic smoke detection system be installed in accordance with the appropriate American National Standard for Fire Alarm Systems; and (2) an automatic sprinkler system be installed in accordance with the appropriate American National Standard for the Installation of Sprinkler Systems, except in places that are two stories or lower, have no interior corridors, and have immediate exterior egress from rooms to a ground level area. Requires States to submit to the Director lists of public accommodations which meet such guidelines so that the Director can compile, publish, and distribute to Federal agencies a master list of all public accommodations that meet such guidelines. Authorizes the Director to take steps to encourage States to promote the use of automatic sprinkler and smoke detection systems and to disseminate information on the life safety value and use of such systems. Amends Federal law to prohibit Federal employees from receiving reimbursement for staying at non-Federal public accommodations which are not on the Director's master list, unless there is no room available at listed accommodations that are a reasonable distance from the employee's place of official business. Limits the studies and surveys conducted to establish the lodging expenses of Federal employees on official business to public accommodations which meet such guidelines. Requires that directories of lodging accommodations for Federal employees include a description of the access and safety devices which each listed public accommodation provides for handicapped guests.
United States · United States Congress · 3 January 1989
Anti-Terrorism and Arms Export Amendments Act of 1989 - Amends the Arms Export Control Act to prohibit the Government or U.S. persons from exporting or providing munitions items to, or facilitating (through loans, credits, guarantees, or other financial assistance) the acquisition of munitions by, any country, or any individual or group in a country, which, as determined by the Secretary of State, has repeatedly provided support for acts of international terrorism. Permits the rescission of a determination of the Secretary only after the President makes specified certifications to the Congress concerning the country involved. Authorizes the President to waive such prohibition with respect to transactions determined to be vital to national security after consulting with, and reporting to, the Congress. Exempts from such prohibition transactions subject to reporting requirements of the National Security Act of 1947. Authorizes additional waivers pursuant to authority under the Foreign Assistance Act of 1961 in exceptional circumstances where time is of the essence and the President consults with and submits a report to the Congress at least 24 hours prior to granting such a waiver. Sets forth criminal and civil penalties for violations of this Act. Requires the Director of the U.S. Arms Control and Disarmament Agency, in making decisions concerning the issuance of export licenses, to consider whether the export of an article will support international terrorism. Requires the Director's evaluation of an arms sale submitted to the Congress to include an evaluation of whether the sale would support international terrorism. Amends the Export Administration Act of 1979 to require a validated license for the export of goods or technology to a country if the Secretary determines that: (1) such country has repeatedly provided support for acts of international terrorism; and (2) such exports could contribute to the military potential of such country or would enhance the ability of such country to support acts of international terrorism. Removes the $1,000,000 threshold for notification to the Congress of the issuance of an export license. Revises the President's authority to rescind the Secretary's determination. Amends the Foreign Assistance Act of 1961 to prohibit the provision of any assistance under such Act, the Agricultural Trade Development and Assistance Act of 1954, the Peace Corps Act, or the Export-Import Bank Act to any country which the Secretary determines has repeatedly provided support for acts of international terrorism. Authorizes the President to: (1) rescind such a determination only after making specified certifications to the Congress concerning the country involved; and (2) waive such prohibition for national security interests or humanitarian reasons only after consulting with, and reporting to, the Congress. Requires the President, in order to rescind a determination by the Secretary that a country supports international terrorism, to certify to the Congress that: (1) there has been a fundamental change in the leadership and policies of the government concerned and such government is not supporting acts of international terrorism and has provided assurances not to do so in the future; or (2) the government concerned has not provided any support for international terrorism during the preceding six-month period and has provided assurances that it will not support acts of international terrorism in the future. Amends the Arms Export Control Act to specify that any presidential designation to place a defense item on the munitions list shall be final and conclusive and shall not be subject to judicial review. Directs the President to include in required quarterly reports to the Congress concerning military exports a listing of: (1) all consents granted to third-party transfers of defense articles or defense services exceeding $1,000,000 in value; and (2) munitions items exceeding $250,000 in value transferred by the Department of Defense to other agencies of the U.S. Government, excluding items transferred for use within the United States or for intelligence activities subject to other reporting requirements under the National Security Act of 1947. Revises requirements for reporting the use of foreign assistance funds where it is inadvisable to specify the nature of the use of such funds to require that such a report be transmitted to the Committee on Foreign Affairs of the House of Representatives rather than to the Speaker of the House. Amends the Hostage Act to specify that the President may not use any means otherwise prohibited by law in attempting to cause the release of U.S. citizens imprisoned by foreign governments. (Current law specifies that the President may not use any means amounting to acts of war.) Specifies that the use by any government of armed force in the exercise of individual or collective self-defense in accordance with applicable international agreements and customary international law shall not be considered an act of international terrorism for purposes of this Act.
United States · United States Congress · 3 January 1989
Guam Commonwealth Act - Title I: Political Relationship - Creates the Commonwealth of Guam. Grants the people of Guam the right of full self-government through adoption of a Constitution, consistent with U.S. sovereignty over Guam and the supremacy of U.S. law applicable to Guam, and within specified guidelines. Recognizes the right of self-determination of the people of Guam. Directs the U.S. Government, through additional federally-funded programs, to promote preservation of the Chamorro culture, enhanced economic, social, and educational opportunities for Chamorros, and training of Chamorros for employment. Provides that nothing in this Act or the Constitution of Guam shall impair the U.S. citizenship of the residents of Guam or their descendants or their rights and privileges as U.S. citizens under the 14th amendment to the U.S. Constitution. Directs Guam to establish a land trust for the benefit of the indigenous Chamorro people and to establish residency requirements under the Constitution of Guam for voting and holding elective office. Allows this Act to be modified only with the mutual consent of the Governments of the United States and Guam. Title II: Applicability of Federal Law - Makes specified provisions of, and amendments to, the U.S. Constitution applicable to Guam, in addition to those portions which currently apply. Makes Federal laws, rules, or regulations passed after the date of this Act inapplicable unless mutually consented to by the Governments of the United States and Guam. Creates the Joint Commission on the Applicability of Federal Law. Specifies its duties, including: (1) participating in consultations between the Governments of the United States and Guam; (2) studying existing statutes and regulations affecting the U.S.-Guam relationship; (3) reviewing policies and procedures of Federal agencies relating to such relationship; (4) compiling data; (5) drafting modifications in existing laws, regulations, policies, and procedures and obtaining such modifications by negotiation and mediation concerning issues such as land claims and war claims; and (6) seeking to obtain maximum economic development and political autonomy for Guam, consistent with U.S. security interests. Provides that the United States will bear the cost of the work of the Commission. Authorizes the President or his designee to delegate to the Governor of Guam total or partial performance of functions now vested in Federal administrative agencies. Title III: Foreign Affairs and Defense - Grants the United States responsibility for authority with respect to matters relating to foreign affairs and defense that affect Guam. Provides for U.S. consultation with Guam in advance of negotiations toward any treaties or international or executive agreements affecting Guam, and with respect to proposals to increase or decrease Department of Defense activities within Guam. Prohibits the establishment of military security zones or the stationing of foreign military personnel on the Island of Guam without the approval of the Government of Guam except in time of declared war, or the establishment of military bases without consultation with the Governor. Provides for U.S. assistance to Guam in the establishment of offices in the United States and abroad, in becoming a member or participant in appropriate regional and international organizations, and in obtaining from other countries favorable treatment for exports. Prohibits the United States from utilizing the Island of Guam or the water surrounding it for the dumping or storage of nuclear waste or hazardous chemicals. Provides for the clean up by the United States of chemical dump sites used by the military in the past. Requires the United States to compensate any person injured as a result of hazardous materials stored, used, or disposed of by the U.S. Government in Guam or its waters. Title IV: Courts - Specifies provisions governing the relations between U.S. courts and the local courts of Guam, the jurisdiction of the District Court of Guam, and the applicable district court rules. Provides for the appointment of a judge for the District Court of Guam, a U.S. attorney, and a U.S. marshal for Guam. Title V: Trade - Establishes a Guam-United States free trade area, under which neither party may impose duties, quotas, or other restrictions on each other's products, nor shall the United States treat products of Guam as having originated in any other country. Defines "products of Guam" to mean articles that contain at least 30 percent value added in Guam, and specifies costs included in value added. Authorizes Guam to impose, increase, reduce, or eliminate duties and other restrictions on: (1) products that originate outside the customs territory of the United States and that are imported into Guam; and (2) exports from Guam, whether or not products of Guam. Requires the Governor of Guam to certify that the origin of "products of Guam" is, in fact, Guam, and provides for customs inspections of products brought into the United States. Title VI: Taxation - Makes U.S. income tax laws applicable to Guam. Deems such laws to impose a separate tax, payable to the Government of Guam, to be known as the Guam Commonwealth income tax. Grants the Governor the same administrative and enforcement powers and remedies with regard to such tax (pursuant to the laws of Guam) as the Secretary of the Treasury and other executive branch officials have with respect to U.S. income tax. Sets forth similar enforcement authority with respect to criminal violations, tax liens, and suits to recover erroneously or illegally assessed taxes. Grants the District Court of Guam exclusive jurisdiction over all judicial proceedings in Guam, both criminal and civil, with respect to such tax. Allows the Government of Guam to provide for the rebate or reduction of taxes in order to assist new industries or economic development. Grants Guam the power to determine the nature and amount of taxes imposed upon the income and property of persons within its jurisdiction. Repeals applicable U.S. tax laws one year after Guam has enacted a replacement comprehensive local income tax. Exempts all bonds or other obligations issued by Guam from taxation by Federal, State, or local governments of the United States. Title VII: Immigration - Applies the Immigration and Nationality Act and pertinent Federal regulations to Guam for two years from enactment of this Act. Directs Guam to enact a comprehensive law on immigration to become effective at the end of the two-year period. Provides that such law shall not impair the free movement of U.S. citizens to and from Guam, include the authority to naturalize aliens for U.S. citizenship, or alter the Governor's authority to issue U.S. passports. Authorizes U.S. consular officials to issue visas for travel only to Guam for any alien seeking to enter Guam as a non-immigrant in order to encourage investors and tourists to come to Guam. Title VIII: Labor - Grants preference to qualified residents of Guam in all Federal civil service vacancies occurring in Guam. Grants Guam the authority to enact and enforce all laws regulating or affecting employment in Guam. Provides that all pertinent U.S. laws regulating employment on Guam on the effective date of this Act shall remain applicable until replaced by duly enacted law of the Guam Legislature. Title IX: Transportation and Telecommunications - Precludes application of any U.S. law barring the U.S. registration and use of any foreign-built vessel within the waters around Guam for any purpose. Exempts from the coastwise laws of the United States any shipment of fish or fish products from Guam to any U.S. coastwise destination. Directs the Commission periodically to examine the applicability of such laws and to recommend termination of their applicability upon determining that such laws constrain Guam's economic development. Authorizes the Governor of Guam to sponsor any qualified air service carrier to come to Guam, subject to presidential consultation concerning U.S. foreign policy and security interests. Exempts Guam from all bilateral treaties between the United States and foreign states with respect to scheduling and technical specifications of aircraft, other than safety requirements. Provides that Guam shall remain an "eligible point" for purposes of being ensured essential air transportation to and from the United States. Defines Guam as "domestic" for Federal Communications Commission rate setting purposes. Title X: Land, Natural Resources and Utilities - Grants the Government of Guam the power of eminent domain. Grants Guam jurisdiction over all natural resources of the seabed, subsoil, tidelands, and adjacent territorial waters of the Island of Guam. Sets limits on U.S. acquisition of real property on Guam. Exempts Guam from Federal regulations governing the transfer or sale of excess Federal real property. Provides for the transfer of all excess Federal property to Guam, with specified exceptions. Provides for access and use by the residents of Guam of certain retained Federal property, subject to military security requirements. Authorizes the granting of easements on such property to the Government of Guam in specified circumstances. Directs the United States to transfer ownership of island utilities to Guam. Title XI: United States Financial Assistance - Provides for the return of U.S. revenues from taxes and fees collected in Guam or from its residents or products to the Government of Guam. Makes U.S. laws providing Federal benefits and financial assistance which are applicable to the States likewise applicable to Guam on an equal basis. Directs the Governor of Guam, in preparing an annual budget, to identify the costs and benefits to Guam brought about by its role as one of the principal U.S. military bases. Requires the Governor to submit such information to the Guam Legislature and the Office of Management and Budget for use in reviewing the Governor's request for appropriations for the annual Federal payment to Guam, which request the Governor shall submit to the President for transmission to the Congress each year. Provides for assistance to aid Guam's transition to a Commonwealth, including: (1) U.S. financing of the costs of institutional changes connected with the change in Guam's political relationship with the United States; (2) help in meeting the capital needs of Guam necessary for long-term, self-sustaining development; and (3) establishing an economic development fund to assist expansion of the private sector. Title XII: Technical Amendments and Interpretation - Makes technical and conforming amendments. Calls for this Act to be interpreted liberally to accomplish its purpose of providing for complete, internal self-government for Guam. Requires this Act to be submitted to the registered voters of Guam for ratification after being passed by the Congress. Repeals the Organic Act of Guam.
United States · United States Congress · 3 January 1989
Computer Virus Eradication Act of 1989 - Amends the Federal criminal code to impose penalties upon any individual who, in interstate or foreign commerce, knowingly: (1) inserts into a computer or a computer program information or commands that may cause loss, expense, or risk to health or welfare for users of the computer, the program, or the processed information; or (2) provides such computer or program to a person who does not know of the insertion or its effects. Provides a civil remedy for injured parties.
United States · United States Congress · 3 January 1989
Central American Studies and Temporary Relief Act of 1989 - Title I: General Accounting Office Investigation and Report - Directs the Comptroller General to: (1) begin an investigation concerning displaced nationals of El Salvador and Nicaragua; and (2) report to the Speaker of the House and to the President of the Senate within two years of initiating such investigation. Requires determinations to be made, with respect to displaced Salvadorans and Nicaraguans living in El Salvador, Nicaragua, Honduras, Guatemala, Belize, Costa Rica, or Mexico, of: (1) the number and location of such persons; (2) their place of origin in El Salvador or Nicaragua and the period of, and reason for, their displacement; (3) their current living conditions, with particular attention to questions of personal safety and the availability of food and medical assistance; (4) current efforts to provide such necessities; (5) the impact of wars in El Salvador and Nicaragua; and (6) the impact of the Immigration Reform and Control Act of 1986 on Nicaragua and El Salvador; and (7) the impact of the 1986 El Salvador earthquake. Requires assessments to be made, in the case of Salvadorans and Nicaraguans returned from the United States to their country, of: (1) their conditions upon return, with particular attention to any human rights violations; and (2) the extent to which these persons have become displaced persons in their country. Requires the investigation, with respect to Salvadorans and Nicaraguans unlawfully in the United States, to: (1) compare the situation in El Salvador and Nicaragua with previous cases of administrative grants of extended voluntary departure under the immigration laws; (2) describe U.S. policies respecting the treatment of other aliens in the United States in similar circumstances; (3) describe the policies of all other countries in which Salvadorans or Nicaraguans have sought refuge as those policies concern the return of such persons to their country; and (4) assess their conditions in the United States. Title II: Congressional Review - Provides for the referral of such report to the appropriate congressional committees in accordance with the rules of each House for committee hearings (within 90 days of continuous session after the referral of such report) and committee reports (within 270 days of continuous session after the referral of such report). Title III: Temporary Stay of Deportation - Prohibits the Attorney General from detaining or deporting specified nationals of Nicaragua or El Salvador until completion of the Comptroller General's report. Sets conditions on such stay of deportation.
United States · United States Congress · 3 January 1989
Title I: National Development Investment - National Development Investment Act - Amends the Public Works and Economic Development Act of 1965 to cite such Act as the National Development Investment Act and to revise the emphasis of such Act from primary Federal initiative to coordination of investments between the public and the private sectors. Authorizes the Secretary of Commerce, upon the application of an eligible State, economic development district, distressed local government, Indian tribe, or nonprofit economic development organization, to make a grant for a portion of the cost of projects submitted in a development investment strategy. Sets forth activities eligible for such development investment assistance, including: (1) construction and repair of public facilities; (2) revolving loan funds to promote small business; (3) feasibility studies to enhance the investment climate; and (4) development activities which prevent economic dislocation and promote employee ownership organizations. Requires an application for a grant under this Act to include: (1) a certification that the area concerned meets certain distress requirements; (2) a certification of any responsibilities which the Secretary has agreed to perform; and (3) a development investment strategy prepared in accordance with this Act. Requires the Secretary to consider specified purposes of this Act in approving applications. Lists as criteria any one of which an area must meet in order to be eligible for a grant under this Act: (1) a per capita income of 80 percent or less of the national average; (2) an unemployment rate one percent above the national average for the most recent 24-month period for which statistics are available; or (3) a sudden economic dislocation resulting in job losses. Authorizes the Secretary to make grants to establish a revolving loan fund for making or guaranteeing loans to small businesses for initial or working capital, or for the purchase of facilities or equipment. Limits to $1,000,000 the amount of any such grant. Limits the amount of any grant under this Act to a maximum of 50 percent of the cost of completing the project as determined at the time of the grant application. Permits the Secretary to reduce or waive the non-Federal share of a project in the case of an Indian tribe. Limits expenditures in any one State to a maximum of 15 percent of the appropriations made pursuant to this Act, except for expenditures to Indian tribes. Prohibits the Secretary from obligating more than $2,000,000 in any fiscal year to any person, other than grants for employee ownership organizations. Requires the Secretary, each fiscal year, to obligate minimum amounts of funds for such grants. Authorizes the Secretary to make economic development planning grants to States, economic development districts, Indian tribes, distressed counties, and distressed units of local government. Earmarks such grants for coordination of investment for community facilities, economic development, manpower training, and transportation services. Authorizes the Secretary to evaluate Federal, State, and local development investment efforts. Authorizes the Secretary to conduct any demonstration program to test the feasibility of new ways to increase productivity, foster innovative technology, match labor force with labor markets, or encourage economic diversity and regional balance. Authorizes the Secretary to make grants to colleges, universities, and other nonprofit educational and research organizations. Directs the Secretary to conduct a study to determine financing needs for the construction and repair of public facilities. Requires the Secretary to submit to each House of the Congress a detailed statement, including findings and recommendations, concerning such financing needs. Limits the amount of any such grant to not more than 75 percent of the cost of economic development planning or of investment strategy preparation. Authorizes the Secretary to consult with other persons and agencies. Prohibits the approval of any grant unless the Secretary is satisfied that the project concerned will be properly and efficiently administered, operated, and maintained. Permits the Secretary to discharge responsibilities relative to a project by accepting a certification of the grant applicant's performance of such responsibilities. Requires the Secretary to make comprehensive annual reports to the Congress detailing operations under this Act. Requires all laborers and mechanics employed by contractors or subcontractors on projects assisted under this Act to be paid the prevailing rate of wages. Requires the Secretary to maintain and make available for public inspection records of approved applications. Requires each recipient of a grant to maintain certain specified records. Allows the Secretary and the Comptroller General access to all records of such recipients. Authorizes appropriations through FY 1992. Title II: Appalachian Regional Development - Appalachian Regional Development Act Amendments of 1987 - Amends the Appalachian Regional Development Act of 1965 to declare that investments under such Act shall also be made in severely distressed and underdeveloped counties lacking resources for basic services. Authorizes appropriations through FY 1994 for the administrative expenses of the Appalachian Regional Commission. Authorizes the Commission to lease office space through FY 1992. Authorizes appropriations through FY 1996 for the Appalachian development highway system. Increases from 70 to 80 percent the subsequent Federal share of an Appalachian development highway segment when a participating State proceeds to construct a segment of such a highway without the aid of Federal funds. Applies such increase to projects approved after March 31, 1979. Authorizes the Commission to make grants to States and public and nonprofit entities for projects which will: (1) assist in the creation or retention of permanent private sector jobs, the upgrading of the region's manpower, or the attraction of private investment; (2) provide special assistance to severely distressed and underdeveloped counties which lack financial resources for improving basic services; (3) assist in achieving the goal of making primary health care accessible in the region; or (4) otherwise serve the purposes of this Act. Prohibits the authorization of any financial assistance to enable plant subcontractors to undertake work previously performed in another area by other subcontractors or contractors. Prohibits grants with funds authorized after October 1, 1989, from exceeding 50 percent of the costs of any approved project. Permits such grants to increase the Federal contribution to any project to such percentage as the Commission determines, within specified limitations. Authorizes appropriations through FY 1994. Extends the termination date of such Act from 1982 to October 1, 1992.
United States · United States Congress · 3 January 1989
Enterprise Zone Improvements Act of 1989 - Title I: Housing and Community Development Provisions - Amends the Housing and Community Development Act of 1987 to require each Federal agency that provides special assistance to enterprise zones or that waives or modifies rules within such zones to report to the Congress and to the Secretary of Housing and Urban Development identifying its actions. Broadens the scope of funding sources for State and local government actions required in connection with tax relief and regulatory simplification in enterprise zones. Directs Federal agencies to seek to provide special assistance to enterprise zones, including expedited processing, priority funding, program set-asides, and technical assistance. Authorizes all Federal agencies to waive or modify rules within enterprise zones. (Under current law, only the Secretary of Housing and Urban Development and, in some cases, the Secretary of Agriculture may do so.) Adds the promotion of affordable housing and law enforcement as objectives justifying waiver or modification of Federal agency rules in an enterprise zone. Title II: Federal Income Tax Incentives - Subtitle A: Credits for Employers and Employees - Allows employers located in enterprise zones a nonrefundable income tax credit for qualified increased employment expenditures and employment of the disadvantaged. Sets the credit amount at ten percent of the increase in payroll plus a specified percentage of wages paid to certain disadvantaged workers through the first 20 years of the enterprise zone designation. Allows a nonrefundable income tax credit to enterprise zone employees for five percent of wages earned. Phases out both credits in the last four years of the enterprise zone designation. Subtitle B: Credits for Investment in Tangible Property in Enterprise Zones - Allows businesses an additional investment tax credit for investments made in certain enterprise zone construction property. Limits the credit to ten percent for new property, including rental property. Requires the recapture of credit amounts upon the early disposition of the property. Subtitle C: Nonrecognition of Qualified Enterprise Zone Capital Gain Where Acquisition of Enterprise Zone Business Property - Provides for the nonrecognition of capital gain on the sale of enterprise zone property if, within one year after the sale, the taxpayer acquires qualified replacement property (generally defined as property related to an enterprise zone or to a business within a zone). Subtitle D: Deduction for Purchase of Enterprise Stock - Allows a taxpayer to deduct up to $100,000 of the aggregate amount paid for the purchase of enterprise stock on its original issue by a qualified issuer. Treats any gain from the disposition of the stock as ordinary income. Subtitle E: Rules Relating to Private Activity Bonds - Declares that: (1) limitations on the cost recovery deductions for property financed with tax-exempt bonds shall not apply to enterprise zone property; and (2) the termination of the small issue exemption shall not apply to bonds whose proceeds are used to finance facilities in enterprise zones. Subtitle F: Ordinary Loss Deduction for Securities of Enterprise Zone Business Which Become Worthless - Permits an ordinary loss deduction for securities of enterprise zone business that become worthless during the taxable year. Subtitle G: Increase in Research Credit for Research Conducted in Enterprise Zones - Increases from 20 percent to 37 1/2 percent the tax credit for increasing research conducted in enterprise zones. Subtitle H: Sense of the Congress with Respect to Tax Simplification - Expresses the sense of the Congress that the Secretary of the Treasury should simplify the administration and enforcement of any provision of the Internal Revenue Code affected by this Act. Subtitle I: Regulations - Directs the Secretary to issue regulations to carry out the provisions of this Act not later than six months after enactment. Title III: Establishment of Foreign-Trade Zones in Enterprise Zones - Requires the Foreign-Trade Zone Board to consider on a priority basis and to expedite the processing of applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones.
United States · United States Congress · 3 January 1989
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
National Voter Registration Act of 1989 - Requires each State to establish procedures with respect to presidential and congressional elections to permit voter registration by: (1) application in person simultaneous with application for a motor vehicle driver's license; (2) mail application; and (3) application in person at designated Federal, State, and private sector locations. Declares that this Act does not apply to any State that has no voter registration requirement with respect to presidential and congressional elections. Requires each State to: (1) assure that any eligible applicant who submits his or her application 25 days before the election is registered to vote in the election; (2) require the appropriate State election official to notify each applicant of the disposition of the application; and (3) provide that the name of a voter may not be removed from the official list of eligible voters except by reason of death, criminal conviction, mental incapacity, change in residence, failure to vote in two consecutive elections, or voter request. Requires each State to designate a chief State election official to coordinate State functions under this Act. Provides a private right of action for an individual aggrieved by a violation of this Act.
United States · United States Congress · 3 January 1989
Tech-Prep Education Act - Amends the Carl D. Perkins Vocational Education Act to establish a program of grants to consortia of local educational agencies and community colleges to provide tech-prep education programs. Defines "tech-prep education program" as a combined secondary and postsecondary program which: (1) leads to an associate degree or two-year certificate; (2) provides technical preparation in at least one field of engineering technology, applied science, or mechanical, industrial, or practical art or trade; (3) provides competence in mathematics, science, and communications (including through applied academics); and (4) leads to placement in employment. Directs the Secretary of Education to make grants to pay the Federal share of the cost of activities carried out under this Act to consortia of: (1) local educational agencies or area vocational schools serving secondary school students; and (2) community colleges or postsecondary vocational technical schools. Sets forth the Federal share. Requires each grant recipient to use the grant funds to develop and operate a four-year technical preparation education program with specified curricula. Sets forth application and reporting requirements. Authorizes appropriations for FY 1990 through 1994.
United States · United States Congress · 3 January 1989
Act for Better Child Care Services of 1989 - Amends the State Dependent Care Development Grants Act (subchapter D of chapter 8 of subtitle A of title VI of the Omnibus Budget Reconciliation Act of 1981) to provide for a Federal program for the improvement of child care and to retitle such Act as the State Child Care Development Grants Act of 1989. Sets forth a formula for allotments to States based on numbers of children under age five, numbers of children eligible for free or reduced price lunches under the school lunch program, and per capita income. Authorizes the Secretary of Health and Human Services (the Secretary) to make grants to applicant Indian tribes or tribal organizations for programs and activities under this Act for the benefit of Indian children. Requires the chief executive officer of a State to designate an appropriate State lead agency. Requires the agency to establish several local advisory councils that collectively represent the entire geographical area in the State. Requires States to submit to the Secretary, in order to qualify for assistance under this Act, an application and five-year plan. Requires the plan to set forth procedures designed to ensure that: (1) the parents of children who will receive assisted child care services are permitted to select the eligible child care provider; (2) the State will attempt to place such child with such provider; and (3) each eligible child care provider will provide service to a reasonable mix of children, including those from different socioeconomic backgrounds and those with a handicapping condition. Requires the plan to specify that at least 75 percent of the State allotment will be used to provide qualified child care services to eligible children, on a sliding fee scale basis (according to specified funding methods), with priority given to services to children of families with very low incomes. Requires that at least ten percent of such reserved funds be used to provide for the extension of part-day programs. Requires the plan to make ineligible for assistance under this Act child care providers who are convicted, or who employ as providers of child care services persons convicted of specified Federal and State offenses involving sexual contact with individuals under age 16 or the production or advertisement of child pornography. Sets forth special rules for use of State allotments. Requires that child care services be provided by: (1) contracts with or grants to eligible child care providers for direct services; (2) grants to local governments to contract with direct providers; or (3) child care certificates distributed to parents of eligible children to enable them to purchase such services from such providers. Prohibits financial assistance under this Act from being expended for the construction of any new facility, and sets forth limitations on such assistance for renovation or repair of existing facilities. Authorizes the Secretary to make planning grants, in the first year of their program participation, to States which desire to participate under this Act but cannot fully satisfy the requirements of a State plan without financial assistance. Requires States receiving funds to recognize and assist private nonprofit community-based organizations, public organizations, local governments, or public agencies representing combinations of local governments, as resource and referral agencies for particular areas. Requires resource and referral programs to: (1) identify existing child care services; (2) inform and refer parents to such services; (3) provide for information, training, and technical assistance to existing and potential providers; and (4) provide information on supply of and demand for such services in a community. Requires each participating State to require that all employed or self-employed persons providing licensed or regulated child care complete at least 15 hours per year of specified training. Directs the State to make grants to and enter into contracts with specified entities to provide such training. Requires participating States to provide scholarship assistance to: (1) individuals who seek a nationally recognized child development associate credential for center-based or family child care and whose income is not more than 50 percent above the poverty line; and (2) caregivers who seek to obtain the 15-hour minimum annual training and whose income is not above the poverty line. Requires participating States to carry out activities designed to encourage businesses in the State to support or provide child care services to a reasonable mix of children of employees and nonemployees, including those from different socioeconomic backgrounds. Establishes in the Department of Health and Human Services the position of Administrator of Child Care to: (1) coordinate all Department and other Federal agency activities relating to child care; (2) collect and publish annually State child care standards; (3) evaluate activities founded under this title; (4) act as a clearinghouse for specified matters; and (5) provide technical assistance to States. Establishes Federal enforcement provisions for review of State plans and monitoring of compliance. Sets the Federal share of the aggregate amount to be spent under the State plan at 80 percent, but raises it to 85 percent when the State demonstrates that all child care providers are appropriately licensed and regulated and that those receiving assistance meet certain requirements and minimum standards. Directs the Governor of each participating State to establish a State advisory committee on child care to assist the lead agency. Requires the committee to have a subcommittee on licensing to review the laws applicable to the requirements and policies of each licensing agency. Requires a subcommittee report to the Governor, and requires the Governor, within 60 days of its receipt, to report to the Secretary with comments and a plan for correcting or improving licensing, regulating, and monitoring of child care services and programs. Requires the Secretary to establish a National Advisory Committee on Child Care Standards to: (1) review Federal policies on child care services; (2) submit to the Secretary proposed minimum standards for child care programs; and (3) develop and make available to lead agencies model regulations for resource and referral agencies. Limits the scope of such standards for specified types of child care services and sets forth the administrative procedure for promulgating them. Prohibits financial assistance under this Act for: (1) any sectarian purpose or activity; or (2) any services during the regular grade or high school day, or for which academic credit is given toward graduation, or which supplant or duplicate a public or private school academic program. Prohibits a child care provider from discriminating against any child on the basis of religion when providing child care services in return for a fee paid, reimbursement received, or certificate redeemed in whole or in part with financial assistance provided under this Act. Provides for a review of the operation of a State plan during the five-year period to determine the State's continued eligibility for funds. Makes eligible for services under this Act children: (1) under 13 years of age; (2) whose family income does not exceed 115 percent of the State median income for a family of the same size; and (3) who either reside with a parent or parents who are working, are seeking employment, or are enrolled in a job training or education program, or reside with a parent or parents not thus described and receive or need to receive protective services. Authorizes appropriations for FY 1990 through 1994.
United States · United States Congress · 3 January 1989
Universal Voter Registration Act of 1989 - Entitles any eligible individual to register for any Federal election by mail, in person, or at the appropriate polling place on the day of an election. Declares that such individual may register in person at: (1) a designated place for such individual's current address; (2) any Federal, State, county, or municipal agency that serves the public directly; or (3) any private agency that voluntarily agrees to register voters. Provides that if a State maintains a system of voter registration, such State shall allow an individual to register to vote for elections held on the date of Federal elections, in the manner provided by an approved State plan. Requires such plan to include: (1) the voter registration form to be used for mail registration; (2) provisions for distribution of such forms; (3) election day voter registration; (4) voter registration in agencies which serve the public directly and at private agencies that voluntarily agree to register voters; (5) provisions for prompt notification of registration acceptance; (6) provisions to inform registrants about voting places and times; (7) registration confirmation to insure accurate, inclusive, and uniform voter registration lists; (8) provisions with respect to registration challenges; and (9) a description of State efforts to actively increase voter registration. Requires each State to submit to the Federal Election Commission for approval a voter registration form which allows registration in person or by mail. Allows the form to be similar or identical to postcard application forms under the Uniformed and Overseas Citizens Absentee Voting Act. Specifies requirements for such form, including that it provide for postage paid return delivery to the appropriate State or local official. Requires agencies subject to this Act to provide for year-round registration services. Requires State and local election officials to provide for the availability of sufficient quantities of registration forms. Requires the chief election official of any State to establish a program to confirm voter registration. Sets forth requirements for such program, including: (1) notification systems concerning deaths and changes of address; (2) non-removal from a voter registration list unless a voter has died, changed residence to another jurisdiction, been convicted of a criminal offense or institutionalized for mental incapacity, or requested removal; and (3) voter registration lists comprising eligible voters, voters whose registration cannot be confirmed and whose eligibility may be challenged on election day, and individuals who have been removed from such list not more than four years before the date of the election. Sets forth provisions for challenging election votes, including the use of an affidavit ballot for the challenged voter. Declares that voter registration requirements shall not apply to any State which: (1) provides for voter registration procedures which meet or exceed the standards for State plans; (2) does not require voter registration; or (3) adopts the Federal postcard application form. Requires individuals who register to vote on an election day to establish their identity, place of residence, and qualifications at the time of such registration. Requires each polling place to provide a means of processing such registrants separately from other voters. Authorizes the Federal Election Commission to administer this Act and to provide advice and technical assistance to States. Requires the Commission to report to the Congress every two years on: (1) the effectiveness of efforts to establish and maintain voter registration procedures; (2) the administration of voter registration programs; and (3) recommendations on national voter registration standards. Declares any order of the Commission under this Act to be reviewable by the appropriate U.S. court of appeals. Provides that the appellee shall not be liable for costs. Directs the Commission to make grants to the chief election official of any State which has an approved plan for establishing voter registration programs. Requires such grants to be made to enable and encourage States to computerize voter registration lists and to undertake alternative methods of voter registration. Authorizes the Commission to establish an advisory council of State and local election officials to advise States about voter registration systems. Requires the Commission to develop a formula for the allocation of funds to States and to allocate or reallocate such funds. Requires a State to submit a plan for voter registration to the Commission within two years of enactment of this Act. Requires the Commission to publish proposed regulations for an implementation plan, or portion thereof, for any State which fails to submit a plan or for any State plan determined not to meet the requirements under this Act. Establishes Federal enforcement procedures and penalties for violations of this Act.
United States · United States Congress · 3 January 1989
Voter Participation Act of 1989 - Amends the Federal Election Campaign Act of 1971 to allow an individual who is otherwise eligible to vote in a Federal election to register to vote in such election by submitting a registration form, in person or by mail, to appropriate State election officials at least 20 days before the election. Authorizes such an individual to register to vote in a Federal election at the appropriate polling place on the date of the election. Requires States to provide for maximum accessibility to registration offices and forms. Directs the Federal Election Commission to prescribe regulations to carry out this Act, taking into consideration the need for uniformity in voter registration procedures. Declares that this Act does not prevent any State from providing greater access to voter registration.
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
Permanent Housing for Homeless Americans Act of 1989 - Directs the Secretary of Housing and Urban Development to provide FY 1990 and 1991 housing assistance for homeless or low-income individuals and families under the following programs: (1) section 8 assistance under the United States Housing Act of 1937; (2) section 8 moderate rehabilitation assistance under the United States Housing Act of 1937; (3) modernization of vacant public housing under the United States Housing Act of 1937; (4) rental rehabilitation under the United States Housing Act of 1937; and (5) funding for the rehabilitation of State and local government in rem properties under the Housing and Community Development Act of 1974. Requires an annual program report to the Congress.
United States · United States Congress · 3 January 1989
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
Amends the Federal Election Campaign Act of 1971 to remove the authority for certain Members of Congress to use excess campaign funds for personal purposes.
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
Authorizes the establishment of a memorial on Federal land in the District of Columbia or its environs to honor members of the American press and other news media who have been killed while covering an armed conflict. Requires the memorial to comply with the requirements of Federal law relating to commemorative works on certain Federal lands in the District of Columbia and its environs. Prohibits the United States from paying any expense of establishing the memorial.
United States · United States Congress · 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
Establishes in the House of Representatives the Select Committee on Children, Youth, and Families to conduct a comprehensive study and review of the problems of children, youth, and families.
United States · United States Congress · 3 January 1989
Establishes in the House of Representatives the Select Committee on Hunger to conduct a continuing comprehensive study of the problems of hunger and malnutrition.
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 · 28 September 1988
Alcoholic Beverage Labeling Act of 1988 - Prohibits manufacturing, importing, or bottling for sale or distribution in the United States any alcoholic beverage unless its container bears a Government warning statement that: (1) according to the Surgeon General, women should not drink alcohol during pregnancy because of the risk of birth defects; and (2) consumption of alcoholic beverages impairs the ability to drive a car or operate machinery and may cause other health problems. Sets forth location and type size requirements for such statement. Makes such requirement inapplicable to alcoholic beverages for export from the United States or for delivery to a vessel or aircraft as supplier for consumption beyond the jurisdiction of U.S. internal revenue laws. Applies such requirement to those for sale, distribution, or shipment to members or units of the armed forces, including those located outside the United States. Sets forth civil penalties for violations of this Act. Authorizes the Secretary of the Treasury (the Secretary) to compromise, modify, or remit, with or without conditions, any such penalty. Vests jurisdiction to issue injunctions against such violations in U.S. district courts, upon application of the Attorney General acting through U.S. attorneys. Prohibits State law from requiring any alcohol and health statement, other than that required by this Act or other Federal law on any container of an alcoholic beverage, or any other package containing such container. Directs the Secretary to report promptly to the Congress any recommendations for amendments to this Act that are appropriate and in the public interest, upon finding that available scientific information would justify a change in, addition to, or deletion of all or part of such a statement after an appropriate investigation and consultation with the Surgeon General carried out after 24 months after the enactment of this Act. Directs the Secretary to promulgate regulations regarding implementation of this Act.
United States · United States Congress · 27 September 1988
Declares that the Congress urges the Administration to refrain from submitting any proposal in the GATT negotiations that would consider maritime transportation activity as being within the scope of "trade in services" and to reject any proposals made by foreign nations which are similar or which would lead to a contraction of the merchant marine.
United States · United States Congress · 23 September 1988
Amends Federal bankruptcy provisions relating to the adjustment of debts of a municipality to revise rules relating to the treatment of special revenue bonds. Treats as an administrative expense any claim against a debtor municipality if the debtor provides adequate protection of the interest of the holder of a claim secured by a lien on property of the debtor and if the creditor has a claim from a stay of action against such property. Specifies that the filing of a bankruptcy petition does not operate as a stay of application of pledged special revenues to payment of indebtedness secured by such revenues. Specifies that the transfer of property of the debtor to or for the benefit of any holder of a bond or note, on account of such bond or note, may not be avoided. Provides that the holder of a claim payable solely from special revenues of a municipality under applicable nonbankruptcy law shall not be treated as having recourse against the debtor as an unsecured creditor. Provides that special revenues acquired by the debtor after the commencement of the case shall remain subject to any lien resulting from any security agreement entered into by the debtor before the commencement of the case. Specifies that any such lien on special revenues derived from a project or system shall be subject to the necessary operating expenses of such project or system. Specifies that a lease to a municipality shall not be treated as an executory contract or unexpired lease by reason of its being subject to termination in the event the debtor fails to appropriate rent.
United States · United States Congress · 23 September 1988
Amends the Foreign Assistance Act of 1961 to authorize the President to furnish disaster assistance to Jamaica to alleviate the suffering caused by Hurricane Gilbert. Authorizes appropriations. Requires that a certain amount of such appropriations be transferred to the Peace Corps for disaster relief programs in Jamaica under the Peace Corps Act.
United States · United States Congress · 22 September 1988
Defense Consultant Registration and Reform Act of 1988 - Prohibits defense agencies from awarding a contract for advisory and assistance services to any consultant unless: (1) such consultant complies with the registration requirements of this Act; and (2) the contracting officer has reviewed the registration information and determined that such consultant does not have a conflict of interest that could be prejudicial to the United States. Prohibits defense agencies from awarding a contract to any person submitting a bid to such agencies unless such person certifies that each consultant that has assisted in the preparation of such bid has complied with the registration requirements of this Act. Requires each consultant who has submitted a bid or who has been retained in connection with the preparation of a bid for a Department of Defense (DOD) contract to register with the DOD Office of Standards of Conduct. Requires such consultants to update the registered information upon submitting a bid or being retained for the preparation of a bid for another DOD contract. Sets forth the information to be included in the registration. Directs the DOD Inspector General to monitor the compliance of consultants with the registration requirements of this Act and to report annually to the House and Senate Committees on Armed Services on the extent of such compliance. Provides that any consultant who intentionally fails to comply with such registration requirements shall be subject to suspension and debarment proceedings. Provides that this Act shall not apply to contracts which, as determined by the Secretary of Defense, involve: (1) sensitive foreign intelligence or counterintelligence activities; (2) sensitive law enforcement investigations; or (3) special access programs.
United States · United States Congress · 11 August 1988
Competition in Government Spare Parts Procurement Act - Amends Federal armed forces provisions to require a solicitation for sealed bids or competitive proposals to include, in the case of procurement of spare or repair parts (other than for small purchases), a copy of all technical data that is: (1) necessary in order to provide the part the supply of which is being solicited; and (2) owned by the United States or which the United States has the right to use, release, or disclose. Amends the Federal Property and Administrative Services Act of 1949 to establish the same requirement for nondefense procurement. Provides additional authority to the Secretary of Defense to waive the payment of costs for the release of technical data under the Freedom of Information Act. Authorizes such waiver if any citizen or U.S. corporation requests such data in order to enable any offer to provide the product to which the technical data relate, or to determine whether to request service approval to qualify to make an offer. Authorizes the Secretary to require the citizen or corporation to pay a refundable deposit to cover the cost of complying with the request. Establishes similar authorities for nondefense procurement. Directs the Secretary to require by regulation that the head of an agency, in preparing a solicitation for a property procurement contract, identify those spare or repair parts for which future procurements exceeding a total amount of $10,000 over the life of the property procured are likely to be needed. Directs the Secretary to require that any contract awarded pursuant to such solicitation provide that the United States have the right to use (or have used) all technical data related to any such part in any future procurement of such part. States that such technical data rights do not apply to contracts awarded to small business concerns. Amends the Office of Federal Procurement Policy Act to establish the same technical data rights for nondefense reprocurements. Directs the Secretary of Defense to prescribe regulations which require the purchase from contractors of production special tooling and production special test equipment acquired or fabricated in the performance of contracts for the purpose of fabricating or testing the spare or repair part for which future procurements are likely to exceed $10,000. Amends the Federal Property and Administrative Services Act of 1949 to establish similar requirements. Requires the solicitation of bids or proposals separately in the case of a defense and nondefense procurement of an individual spare or repair part in which the contract amount will exceed $100,000. Amends the Office of Federal Procurement Policy Act to require the advocate for competition of an executive agency to establish a program of training and education assistance for staff specialists in engineering, technical operations, contract administration, financial management, supply management, and utilization of small business concerns. Requires the program to emphasize improving the skills of such staff in the areas of engineering and manufacturing. Repeals the three-year time limit during which the Secretary of Defense may challenge a use or release restriction asserted with respect to technical data by a contractor or subcontractor. Declares that nothing precludes the Secretary from using or releasing technical data when a contracting officer has upheld the validity of a challenge (even pending appeal) to a contractor's asserted use or release restriction. Provides a civil remedy for the owner of technical data that are used or disclosed by the United States, by a contractor or subcontractor, or any person, firm, or corporation acting for the Government. Amends the Regulatory Flexibility Act to repeal provisions which bar judicial review of regulatory flexibility analyses. Amends the Small Business Act and the Office of Federal Procurement Policy Act to require executive agencies to furnish the Secretary of Commerce for publication a notice of solicitation for bids or proposals for a contract for property or services expected to exceed $10,000 (currently, $25,000). Requires additional information to be included in such notice with respect to the machining operations necessary to produce the item. Declares that the date on which a notice is published by the Secretary is the date of actual publication of such notice, and an executive agency may not presume notice is published merely by the passage of a certain period of time. Requires any determination that is unreasonable to specify standards to satisfy a qualification requirement documenting such unreasonableness with a cost comparison. Prohibits the Secretary of Defense or the Secretary of the military department concerned from requiring a spare or repair part to meet any standard that is more stringent than a standard for an identical part approved by the Government for commercial use, unless the Secretary specifies in writing the additional standard and the justification for it.
United States · United States Congress · 11 August 1988
Low-Income Housing Revitalization Act - Amends Internal Revenue Code (IRC) provisions relating to the low-income housing credit to: (1) increase the credit from four percent to nine percent with respect to new buildings that are federally subsidized; (2) reallocate unused credit amounts among other States for their housing credit agencies; and (3) permit carryover to the succeeding year of a housing credit amount, if it is reasonably likely that the building will be put into service then. Extends the low-income housing credit through 1991. Amends IRC accounting provisions to exempt low-income housing credit activities from limitations on passive losses. Revises the accelerated cost recovery system in connection with low-income residential rental property to reduce the applicable recovery period from 27.5 to 20 years. Disallows an income tax deduction for any expense relating to residential rental units that violate State or local building, health, or safety codes and are not brought into compliance. Requires the regulatory agency that notifies a taxpayer of the substandard conditions to file an information return with respect to affected taxpayers. Excludes deductions for business expenses, interest on indebtedness, and taxes from calculations to determine the passive loss limitation in connection with rental real estate activity relating to a qualified low-income housing project in which a noncorporate taxpayer actively or materially participates.
United States · United States Congress · 11 August 1988
Fair Employment Practices Resolution - Title I: Federal Labor Law Coverage for Certain Legislative Branch Employees - Applies the policies and principles of the following Federal labor laws to any individual employed in any office of the House of Representatives (other than a Member or officer of the House): (1) the National Labor Relations Act; (2) the Fair Labor Standards Act of 1938; (3) the Age Discrimination in Employment Act of 1967; (4) the Occupational Safety and Health Act of 1970; and (5) the Civil Rights Act of 1964. Provides that the provisions of this resolution shall not be construed to require: (1) any Member of Congress to employ in the legislative branch any individual who is not a domiciliary of the district or State such Member represents; or (2) any Member of Congress or congressional committee not to take political affiliation into consideration in hiring for the legislative branch. Title II: Enforcement Provisions - Part A: Establishment of the House of Representatives Personnel Review Board - Establishes the House Personnel Review Board as an Office of the House of Representatives. Directs the Board to: (1) establish and publish policies and guidelines for implementing and enforcing this resolution; and (2) hear and render decisions on complaints alleging any violation of this resolution. Authorizes the Board to appoint hearing examiners to conduct hearings brought under this resolution. Authorizes the Board chairperson to appoint officers and employees to carry out Board functions, including conduct of inspections and investigations under any law listed under title I. Part B: Violations - Allows any individual who claims to be aggrieved by a violation of this resolution to file a charge with the Board alleging such violation and stating a claim for relief authorized under this part. Sets forth provisions relating to: (1) filing of such charges; (2) investigations, complaints, appointments, and qualifications of investigating counsels; and (3) hearings and determinations of hearing examiners. Directs the hearing examiner, upon the conclusion of the hearing, to submit to the Board a report containing findings and recommendations (if any) for remedial action. Allows such report to recommend the following remedies: (1) payment of backpay; (2) payment of front pay, according to a specified formula; (3) continuation of coverage under a group health plan; (4) continuation of coverage under a pension plan and life insurance plan; (4) payment of liquidated damages of $3,000 for each year (or part thereof) of employment with the House; and (6) payment of attorney's fees, up to $2,500. Prohibits the Board from compelling any Member of Congress or any committees, or their staff members, to employ, reinstate, or modify terms and conditions of employment of any individual to any position on their staffs. Requires any such ordered payments to be paid out of the contingency fund of the House. Sets forth provisions for review of orders. Provides for review by the board of hearing examiners' reports, upon appeal. Provides for appeals of Board decisions in orders to the Committee on Standards of Official Conduct of the House of Representatives. Provides for review, upon appeal, of such Committee's decisions or orders by the House of Representatives. Authorizes reversal of such a Committee decision or order upon a two-thirds vote of the full House membership. Authorizes the House to order such specified remedy as it determines appropriate. Prohibits the intimidation of persons filing complaints or appearing as witnesses. Requires that proceedings of the Board and the Committee be conducted in closed session and that the results not be made public. Title III: Miscellaneous Provisions - Requires each committee and office of the House of Representatives to cooperate with the Board, the Committee, and the House so that their functions and duties under this Act may be carried out.
![Official portrait of Rep. Foglietta, Thomas M. [D-PA-1]](https://www.congress.gov/img/member/f000235_200.jpg)