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![Official portrait of Rep. Lagomarsino, Robert J. [R-CA-19]](https://www.congress.gov/img/member/l000020_200.jpg)
United States · Official source
6,525 records where Rep. Lagomarsino, Robert J. [R-CA-19] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 19 January 1989
Establishes the House of Representatives Classified Information Security Office to assure protection of classified information in the custody of Members, officers, and employees of the House.
United States · United States Congress · 19 January 1989
Condemns the Soviet occupation of Afghanistan. Holds the Soviet-backed Afghan regime responsible for continuing human rights abuses. Calls for: (1) a halt to the placement of lethal weapons in the Afghan countryside; (2) the withdrawal of all Soviet forces from Afghanistan by February 15, 1989; (3) restoration of a freely chosen Afghan Government; (4) close scrutiny by the international community of human rights abuses in Afghanistan; and (5) continued support of the Afghan people through the provision of material if Soviet forces are not withdrawn.
United States · United States Congress · 19 January 1989
Expresses the sense of the House of Representatives that the Federal excise taxes on gasoline and diesel fuel should not be increased as a means of reducing the Federal deficit.
United States · United States Congress · 4 January 1989
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that a beneficiary shall be entitled to a prorated benefit for the month in which he or she dies.
United States · United States Congress · 4 January 1989
Prohibits payments under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act unless the recipient is either: (1) a permanent U.S. resident who actually resides in the United States for at least six months in any one calendar year; or (2) a U.S. citizen at the time benefits become payable.
United States · United States Congress · 4 January 1989
Repeals a provision of the Omnibus Budget Reconciliation Act of 1987 that includes employee tips within the employer social security tax base.
United States · United States Congress · 4 January 1989
Amends the Internal Revenue Code to reduce the alternative tax rate on capital gains realized by a corporation from 34 percent to 15 percent, subject to adjustments to avoid tax increases due to inflation. Eliminates the holding period requirement with respect to capital assets associated with the tax.
United States · United States Congress · 4 January 1989
Deaf Taxpayer Assistance Act of 1989 - Amends the Internal Revenue Code to permit an additional standard deduction of $600 for a deaf taxpayer, spouse, or dependent.
United States · United States Congress · 4 January 1989
Designates the month of May 1989 as National Stroke Awareness Month.
United States · United States Congress · 4 January 1989
Expresses the sense of the Congress that: (1) the administration should oppose the European Community Meat Ban Directive which will restrict U.S. access to the Community's agricultural markets and will be inconsistent with the Community's obligation under the General Agreement on Tariffs and Trade (GATT); (2) the Community should submit evidence to support its hormone ban directive to the GATT Scientific Dispute-Settlement Panel which will review the claim that U.S. beef is unsafe for human consumption; and (3) if the Community denies access to U.S. beef based on scientifically unsubstantiated standards, the administration should adopt countermeasures, including reciprocal trade action granted under the Omnibus Trade and Competitiveness Act of 1988 and other laws.
United States · United States Congress · 3 January 1989
Coal Pipeline Act of 1989 - Amends the Mineral Lands Leasing Act of 1920 to authorize a person who has secured specified water rights under State law to apply to the Secretary of the Interior for certification that it is in the national interest to construct, operate, or extend a coal pipeline. Conditions such certification upon an applicant's reservation of a specified portion of total pipeline capacity for small, independent producers located in the geographic region served by such pipeline. Makes all Federal and State environmental laws applicable to the issuance or denial of such certification. Proscribes the granting of any right-of-way through lands: (1) designated as wilderness areas; (2) administered as part of the national park system; or (3) which are part of a historic site (unless there is no reasonable alternative and reasonable planning is made to minimize the harm of such site). Prohibits any person or entity (including the United States) from claiming any right or interest in water within any State for a coal pipeline unless such claim takes place under the law of the affected State. Delegates to the States all power regarding water rights for a coal pipeline. States that this Act does not: (1) impair the validity of any State law (or interstate compact) regarding any claim to water rights; (2) alter the rights of any State to its apportioned share of water under past or future allocation or interstate compact; (3) affect any Indian water rights; or (4) preempt or otherwise affect any State or Federal law or interstate compact regarding water quality or disposal. Prohibits any State acting under authority of this Act from restricting the movement through such State of water acquired in another State and within a coal pipeline. Authorizes certain persons who have received a certification from the Secretary that it is in the national interest to operate or extend a coal pipeline to acquire rights-of-way through private lands by the power of eminent domain. States this Act shall not be construed to permit any person (including the United States) to acquire any water rights through the power of eminent domain. Prohibits the acquisition of any right-of-way through the power of eminent domain if such right-of-way is upon land which is part of a historic site unless there is no prudent alternative and reasonable planning is made to minimize harm to such site. Provides for an antitrust review of applications for certification by the Attorney General. Requires each pipeline carrier for which a certification has been issued to provide service on reasonable request. Prohibits such carriers from unreasonably discriminating or refusing to enter into contracts with coal shippers under similar conditions in a contemporaneous period. States that this Act shall not be construed to modify or preempt the ratemaking authority of any State utility regulatory agency. Requires the Secretary to establish uniform Federal standards for coal pipeline safety. Establishes penalties for failure to comply with such safety standards.
United States · United States Congress · 3 January 1989
Amends the Federal Water Pollution Control Act to include estuaries and estuarine zones within the pollutant discharge permit program. Requires that ocean and estuary pollutant discharge guidelines take into account the need for a proposed discharge.
United States · United States Congress · 3 January 1989
Amends the Federal criminal code to impose mandatory minimum sentences for committing violent felonies against individuals aged 65 or over. Prohibits suspended, probationary, and concurrent sentences. Prohibits parole and any plea bargaining agreements that would result in the defendant's serving less than the minimum sentence.
United States · United States Congress · 3 January 1989
Deceptive Mailings Prevention Act of 1989 - Amends Federal law to declare as nonmailable any mail matter which is designed to resemble a bill, invoice, or statement of account due, but which in fact constitutes a solicitation of donations. Requires such mail matter to bear on its face in conspicuous type that it is a solicitation of donations and that the addressee is under no obligation to make any payment. Declares as nonmailable any mail matter which constitutes a solicitation by a non-governmental entity: (1) for the purchase of products or services which are provided free of charge or at a lower price by the Federal Government, or which are substantially the same as such products or services; (2) for the purchase of products or services and which contains a seal, insignia, trade or brand name, or any other term or symbol which reasonably could be interpreted or construed as implying Federal Government connection, approval, or endorsement; and (3) for the contribution of funds and which contains a seal, insignia, trade or brand name, or any other term which could reasonably be interpreted or construed as implying Federal Government connection, approval, or endorsement. Allows the mailing of such matter if it contains a conspicuous disclaimer that it is not a Government document. Establishes penalties for violations of this Act.
United States · United States Congress · 3 January 1989
Amends the Federal Property and Administrative Services Act of 1949 to allow nonprofit volunteer fire departments and rescue squads to receive donations of Federal surplus personal property.
United States · United States Congress · 3 January 1989
Amends the Congressional Budget and Impoundment Control Act of 1974 to exclude, beginning with FY 1990, Federal Old-Age and Survivors Insurance Trust Fund and Federal Disability Insurance Trust Fund receipts and outlays in Federal deficit determinations for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
United States · United States Congress · 3 January 1989
Animal Welfare Protection Act of 1989 - Amends the Animal Welfare Act to empower the Secretary of Agriculture to request the Attorney General to obtain a temporary restraining order for violations of such Act or of regulations promulgated under such Act.
United States · United States Congress · 3 January 1989
Social Security Earnings Test Elimination Act of 1989 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to remove the limitation on the amount of outside income which a beneficiary may earn without incurring a reduction in benefits.
United States · United States Congress · 3 January 1989
Congressional Pay Reform Act of 1987 - Amends the Legislative Reorganization Act of 1946 to specify that pay adjustments for Members of Congress shall become effective on March 1 following the beginning of the next Congress after the Congress during which such adjustment is approved. Amends the Federal Salary Act to require the President to transmit to the Congress, within a specified time period, recommendations for rates of pay of Members of Congress and legislative and judicial employees. (Currently such recommendations are included in the Federal budget.) Prohibits the House of Representatives and the Senate from considering any bill or joint resolution carrying an appropriation for compensation of Members of Congress for any fiscal year if it carries an appropriation, or a limitation of appropriations, for any other purpose. Requires a recorded vote on such bill or resolution.
United States · United States Congress · 3 January 1989
Permits certain veterans with service-connected disabilities who are retired members of the uniformed services to receive compensation concurrently with retired pay, without deduction from either.
United States · United States Congress · 3 January 1989
Capital Punishment Procedures Act of 1989 - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits evidence to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Sets forth special aggravating factors for espionage, treason, homicide, and the attempted murder of the President. Directs the court, or the jury by unanimous vote, to impose the death penalty upon a finding that such sentence is justified based on consideration of both the aggravating and mitigating factors. States that no person who was under 18 years of age at the time of the offense may be sentenced to death. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant or victim in its consideration of the sentence. Establishes procedures for appeal from a death sentence. Requires the court of appeals, upon consideration of the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under the influence of passion, prejudice, or any other arbitrary factor; and (2) the information supports the finding of aggravating factors. Requires the court to provide a written explanation of its determination. Sets forth procedures for the implementation of the sentence of death. Limits the circumstances under which the offense of delivering defense information to aid foreign governments is punishable by death. Provides for the imposition of the death penalty for: (1) murder committed by prisoners in Federal prisons; (2) kidnappings which result in the death of any person; (3) hostage takings which result in the death of any person; (4) attempting to kill the President of the United States (if such attempt results in bodily injury or comes dangerously close to causing the President's death); (5) "murder for hire"; (6) murder in the aid of a racketeering activity; (7) international terrorism (where the killing is a first-degree murder); and (8) engaging in a criminal enterprise activity which results in death. Increases the minimum sentence to life imprisonment for the crime of bank robbery which results in death.
United States · United States Congress · 3 January 1989
Eliminates provisions of Federal law which restrict premium pay to the minimum rate of basic pay for GS-10 for Federal employees in a position in which: (1) the hours of duty cannot be controlled administratively; (2) a substantial amount of irregular, unscheduled overtime is required; and (3) the employee is generally responsible for recognizing circumstances which require the employee to remain on duty.
United States · United States Congress · 3 January 1989
Computer Protection Act of 1989 - Amends the Federal criminal code to impose penalties upon individuals who knowingly sabotage the proper operation of computer system hardware or software. Permits a party who has been harmed by such violation to seek redress in a civil action.
United States · United States Congress · 3 January 1989
Terminates the effectiveness of certain November 22, 1988, amendments to the foreign repair station rules of the Federal Aviation Administration.
United States · United States Congress · 3 January 1989
Directs the Secretary of Energy to convey to the State of California by quitclaim deed certain lands in a naval petroleum reserve if California agrees to accept: (1) all existing agreements for the operation and development of the mineral resources of such property; and (2) all restrictions applicable to such property for the purposes for which the reserve is maintained. Amends the Mineral Leasing Act to provide that money received from naval petroleum reserves shall be treated the same as money received from other public lands.
United States · United States Congress · 3 January 1989
Prevention, Identification, and Treatment of Elder Abuse Act of 1989 - Directs the Secretary of Health and Human Services to establish an office known as the National Center on Elder Abuse to: (1) compile an annual summary of recently conducted research on elder abuse; (2) develop and maintain an information clearinghouse on all programs for the prevention and treatment of such abuse; (3) compile training materials for personnel engaged in elder abuse prevention; (4) provide technical assistance for the planning and implementation of programs relating to the problems of elder abuse; and (5) investigate the causes and national incidence of elder abuse. Authorizes the Secretary to make grants to or enter into contracts with public agencies or nonprofit organizations for demonstration projects designed to prevent and treat elder abuse. Sets forth the terms and conditions for such grants. Authorizes the Secretary to make grants to States for the development and implementation of elder abuse prevention and treatment programs. Requires such States to have in effect a State elder abuse law with mandatory reporting provisions. Sets forth other requirements for eligibility. Prohibits the use of assistance for construction of facilities. Directs the Secretary to establish criteria to achieve equitable distribution of assistance among the States. Authorizes appropriations.
United States · United States Congress · 3 January 1989
Economic Statute of Repose Act - Establishes a statute of repose (based upon the useful life of a product) for civil actions brought for damages for death or personal injury resulting from the use of a product of a character subject to the allowance for depreciation under the Internal Revenue Code.
United States · United States Congress · 3 January 1989
Amends title VII (Equal Employment Opportunity) of the Civil Rights Act of 1964 to make it an unlawful employment practice to discriminate against any individual who is physically or mentally handicapped.
United States · United States Congress · 3 January 1989
Provides that the Tax Reform Act of 1986 shall be applied and administered as if the three-year basis recovery rule applicable to government employees' annuities had not been repealed.
United States · United States Congress · 3 January 1989
Infrastructure Protection Act of 1989 - Prohibits the receipts and disbursements of the Highway Trust Fund (for both the Federal aid highway program and the Mass Transit Account), the Airport and Airway Trust Fund, and the Inland Waterways Trust Fund which are allocable to the transportation-related operations of such Funds from being included in either the Federal budget as submitted by the President or in the congressional budget. Exempts such Trust Funds from any general statutory budget limitation.
United States · United States Congress · 3 January 1989
Designates the first Monday of April 1989 as Professional Constructors Day.
United States · United States Congress · 3 January 1989
Defers until the first day of the 102nd Congress the rates of pay for Members of Congress which became effective in February 1989 under the provisions of the Federal Salary Act of 1967.
United States · United States Congress · 3 January 1989
Amends the Federal Salary Act of 1967 to provide that any pay increase for Members of Congress shall be deferred until the first day of the Congress following the Congress in which the increase was transmitted by the President to the Congress.
United States · United States Congress · 3 January 1989
Requires that the rates of pay for Members of Congress be determined as if the pay recommendations of the President had been disapproved.
United States · United States Congress · 3 January 1989
Visually Impaired Voters Assistance Act of 1987 - Requires each State to make enlarged print voting aids and ballots available to visually impaired voters in Federal elections. Requires the chief election officer of each State to provide public notice, adapted to reach visually impaired voters, of the availability of materials under this Act. Directs the Federal Election Commission to report to the Congress, not later than one year after enactment of this Act, on the voting aids available to blind voters with respect to Federal elections in each State.
United States · United States Congress · 3 January 1989
Guardianship Rights and Responsibilities Act of 1989 - Amends title XIX (Medicaid) of the Social Security Act to reduce the Federal share of Medicaid payments available to States which fail to adopt, within two years of this Act's enactment, the rights, standards, and duties concerning guardianship that are set forth in this Act. Requires that an individual who is the subject of a guardianship petition: (1) be provided with an adequate and timely notice, in large print and plain language, of all pending guardianship proceedings, rights afforded in the course of such proceedings, and the possible consequences of a determination of incapacity; (2) have the right to counsel; and (3) have the right to have the question of incapacity heard by a jury and to file an appeal against a determination of incapacity and a guardianship order. Requires that determinations of incapacity be made only when the subject of the guardianship petition is present at such hearing, unless such person waives the right to be present or is physically unable to be present, and be based on clear and convincing evidence of incapacity to administer his or her own affairs. Sets forth the training and services which court personnel in guardianship hearings must receive and provide. Prohibits an incapacity determination in a guardianship proceeding from being considered prima facie evidence of insanity or inability to function in a non-institutionalized setting. Requires that the personal preferences of a ward in the selection of a guardian be taken into account when feasible and the ward be entitled to participate in all decisions affecting such ward during the guardianship to the extent such ward's functional limitations make such participation possible. Requires that a guardianship be imposed on a ward in the least restrictive manner commensurate with the ward's functional limitations. Prohibits the appointment of a person as a guardian unless such person: (1) completes, or agrees to enroll in and complete, court-supervised training in the legal, economic, and psychosocial needs of wards; and (2) has filed a guardianship plan with, and had the plan approved by, the court. Requires a guardian to keep the court which issued the guardianship order informed of the ward's affairs and whereabouts and use the ward's funds only for the administration of the guardianship and the ward's benefit. Provides that a court in a State into which a ward moves shall be notified of the existence of a guardianship, and receive information on and assume jurisdiction over, such guardianship. Authorizes such court to require the guardian to submit a new petition for guardianship. Directs courts to conduct annual reviews of guardianship orders they have issued. Requires private professional guardians to meet guardian certification requirements which are consistent with this Act's requirements. Directs the Secretary of Health and Human Services to award two-year demonstration grants to eligible States for the establishment and operation of a guardianship advocate program under which individuals are hired and trained as court employees serving as guardianship advocates and investigators. Requires that preference in awarding grants be given to States which provide assurances that their program will continue to operate after the expiration of such grant. Directs the Secretary to report to the Congress on such programs within three years after the final demonstration grant is awarded. Authorizes appropriations for such grants.
United States · United States Congress · 3 January 1989
Amends title XVIII (Medicare) of the Social Security Act and the Internal Revenue Code to limit application of the benefits and premiums of the Medicare Catastrophic Coverage Act of 1988 to those voluntarily enrolled in part B (Supplementary Medical Insurance) of the Medicare program.
United States · United States Congress · 3 January 1989
Social Security Earnings Test Repeal of 1989 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to remove the limitation on the amount of outside income which a beneficiary may earn without incurring a reduction in benefits.
United States · United States Congress · 3 January 1989
Social Security Notch Act of 1989 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to alter the formula for computing the primary insurance amount of individuals who attain age 65 in or after 1982 and are subject to the benefit computation rules of the Social Security Amendments of 1977.
United States · United States Congress · 3 January 1989
Amends the Internal Revenue Code to exclude from the gross income of a first-time homebuyer the amount of any individual retirement plan distributions used within 30 days to purchase, construct, or reconstruct a principal residence.
United States · United States Congress · 3 January 1989
First-Time Home Buyer's Act of 1989 - Amends the Internal Revenue Code to spread over a ten-year period the taxation of up to $5,000 of individual retirement plan distributions used by a first-time homebuyer within 90 days to purchase, construct, or reconstruct a dwelling that will be used as the taxpayer's principal residence for at least three years.
United States · United States Congress · 3 January 1989
Congressional Pay Reform Act of 1989 - Amends the Legislative Reorganization Act of 1946 to establish a procedure for an increase in congressional pay. Requires a recorded vote on such legislation.
United States · United States Congress · 3 January 1989
Amends Federal law relating to veterans to provide that the remarriage of a veteran's spouse after age 55 shall not result in termination of dependency and indemnity compensation.
United States · United States Congress · 3 January 1989
Social Security Work Incentives Act of 1989 - Title I: Disabled and Working Status under Title II of the Social Security Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to reduce monthly disability benefits by 50 percent of a beneficiary's monthly earnings in excess of $85. Limits the total amount by which an individual's OASDI disability benefits may be reduced if such individual is also eligible for benefits provided under title XVI (Supplemental Security Income) (SSI) of the Act to individuals who perform substantial gainful activity despite severe medical impairment. Prohibits deductions from disability-based child insurance benefits for the recovery of prior overpayments resulting from a failure to reduce such benefits on the basis of earnings. Extends to current OASDI disability beneficiaries the rule preventing reductions in the primary insurance amount for prior recipients. Continues an individual's entitlement to disability benefits while such individual is under disabled and working status, meaning that such individual is earning enough to be considered engaged in substantial gainful activity, but would otherwise continue to satisfy eligibility requirements. Sets a four-year limit on the Medicare hospital insurance eligibility (under part A of title XVIII of the Act) of individuals who owe their eligibility to their disabled and working status under the OASDI program. Amends the Medicare program to authorize such individuals to enroll for hospital insurance benefits upon the termination of such four-year limit. Amends title XIX (Medicaid) of the Act to cover Medicare cost-sharing amounts for individuals of disabled and working status who are entitled to enroll for Medicare hospital insurance benefits and whose income and resources do not exceed 300 percent of the Federal poverty level and the SSI resource eligibility limit, respectively. Requires States to collect a coinsurance percentage from such individuals pursuant to a sliding scale which increases such percentage from 0 to 100 percent in reasonable increments as incomes move from 150 to 300 percent of the Federal poverty level. Extends to all recipients of disability-based child's insurance benefits the rule permitting continued entitlement to Medicaid benefits of individuals who would remain eligible for SSI benefits but for their receipt of such child's insurance benefits. Title II: Amendments Relating to the Disabled and Working Status Program Under Title XVI of the Social Security Act - Amends the SSI program to exclude spousal income in determining a disabled and working individual's eligibility for SSI and Medicaid benefits. Excludes from such an individual's income, for SSI eligibility determinations: (1) earned income necessary for the costs of attendant care services; and (2) if such individual receives a State supplementary payment, impairment-related work expenses. Provides Medicaid coverage to individuals who become ineligible for SSI benefits by reason of a cost of living increase in OASDI benefits. Precludes the attainment of age 65 from serving as a basis for the termination of Medicaid eligibility under the SSI program. Includes State supplementary payments in determining a disabled and working individual's eligibility for SSI and Medicaid benefits. Treats royalties from the publication of an individual's work and scholarships which have not been excluded from income as earned income in determining the SSI and Medicaid eligibility of a disabled and working individual.
United States · United States Congress · 3 January 1989
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
Amends the Fishermen's Protective Act of 1967 to authorize the President, upon receipt of a certification from the Secretary of Commerce that a country has violated an international fishery conservation program or an endangered or threatened species program, to direct the Secretary of the Treasury to prohibit the importation of any product from such country.
United States · United States Congress · 3 January 1989
Amends the Uniformed Services Survivor Benefits Amendments of 1980 to entitle certain individuals who were widowed before September 21, 1972, and who are not covered by the Military Survivor Benefit Plan to an annuity.
United States · United States Congress · 3 January 1989
Anti-Terrorism and Arms Export Amendments Act of 1989 - Amends the Arms Export Control Act to prohibit the Government or U.S. persons from exporting or providing munitions items to, or facilitating (through loans, credits, guarantees, or other financial assistance) the acquisition of munitions by, any country, or any individual or group in a country, which, as determined by the Secretary of State, has repeatedly provided support for acts of international terrorism. Permits the rescission of a determination of the Secretary only after the President makes specified certifications to the Congress concerning the country involved. Authorizes the President to waive such prohibition with respect to transactions determined to be vital to national security after consulting with, and reporting to, the Congress. Exempts from such prohibition transactions subject to reporting requirements of the National Security Act of 1947. Authorizes additional waivers pursuant to authority under the Foreign Assistance Act of 1961 in exceptional circumstances where time is of the essence and the President consults with and submits a report to the Congress at least 24 hours prior to granting such a waiver. Sets forth criminal and civil penalties for violations of this Act. Requires the Director of the U.S. Arms Control and Disarmament Agency, in making decisions concerning the issuance of export licenses, to consider whether the export of an article will support international terrorism. Requires the Director's evaluation of an arms sale submitted to the Congress to include an evaluation of whether the sale would support international terrorism. Amends the Export Administration Act of 1979 to require a validated license for the export of goods or technology to a country if the Secretary determines that: (1) such country has repeatedly provided support for acts of international terrorism; and (2) such exports could contribute to the military potential of such country or would enhance the ability of such country to support acts of international terrorism. Removes the $1,000,000 threshold for notification to the Congress of the issuance of an export license. Revises the President's authority to rescind the Secretary's determination. Amends the Foreign Assistance Act of 1961 to prohibit the provision of any assistance under such Act, the Agricultural Trade Development and Assistance Act of 1954, the Peace Corps Act, or the Export-Import Bank Act to any country which the Secretary determines has repeatedly provided support for acts of international terrorism. Authorizes the President to: (1) rescind such a determination only after making specified certifications to the Congress concerning the country involved; and (2) waive such prohibition for national security interests or humanitarian reasons only after consulting with, and reporting to, the Congress. Requires the President, in order to rescind a determination by the Secretary that a country supports international terrorism, to certify to the Congress that: (1) there has been a fundamental change in the leadership and policies of the government concerned and such government is not supporting acts of international terrorism and has provided assurances not to do so in the future; or (2) the government concerned has not provided any support for international terrorism during the preceding six-month period and has provided assurances that it will not support acts of international terrorism in the future. Amends the Arms Export Control Act to specify that any presidential designation to place a defense item on the munitions list shall be final and conclusive and shall not be subject to judicial review. Directs the President to include in required quarterly reports to the Congress concerning military exports a listing of: (1) all consents granted to third-party transfers of defense articles or defense services exceeding $1,000,000 in value; and (2) munitions items exceeding $250,000 in value transferred by the Department of Defense to other agencies of the U.S. Government, excluding items transferred for use within the United States or for intelligence activities subject to other reporting requirements under the National Security Act of 1947. Revises requirements for reporting the use of foreign assistance funds where it is inadvisable to specify the nature of the use of such funds to require that such a report be transmitted to the Committee on Foreign Affairs of the House of Representatives rather than to the Speaker of the House. Amends the Hostage Act to specify that the President may not use any means otherwise prohibited by law in attempting to cause the release of U.S. citizens imprisoned by foreign governments. (Current law specifies that the President may not use any means amounting to acts of war.) Specifies that the use by any government of armed force in the exercise of individual or collective self-defense in accordance with applicable international agreements and customary international law shall not be considered an act of international terrorism for purposes of this Act.
United States · United States Congress · 3 January 1989
Guam Commonwealth Act - Title I: Political Relationship - Creates the Commonwealth of Guam. Grants the people of Guam the right of full self-government through adoption of a Constitution, consistent with U.S. sovereignty over Guam and the supremacy of U.S. law applicable to Guam, and within specified guidelines. Recognizes the right of self-determination of the people of Guam. Directs the U.S. Government, through additional federally-funded programs, to promote preservation of the Chamorro culture, enhanced economic, social, and educational opportunities for Chamorros, and training of Chamorros for employment. Provides that nothing in this Act or the Constitution of Guam shall impair the U.S. citizenship of the residents of Guam or their descendants or their rights and privileges as U.S. citizens under the 14th amendment to the U.S. Constitution. Directs Guam to establish a land trust for the benefit of the indigenous Chamorro people and to establish residency requirements under the Constitution of Guam for voting and holding elective office. Allows this Act to be modified only with the mutual consent of the Governments of the United States and Guam. Title II: Applicability of Federal Law - Makes specified provisions of, and amendments to, the U.S. Constitution applicable to Guam, in addition to those portions which currently apply. Makes Federal laws, rules, or regulations passed after the date of this Act inapplicable unless mutually consented to by the Governments of the United States and Guam. Creates the Joint Commission on the Applicability of Federal Law. Specifies its duties, including: (1) participating in consultations between the Governments of the United States and Guam; (2) studying existing statutes and regulations affecting the U.S.-Guam relationship; (3) reviewing policies and procedures of Federal agencies relating to such relationship; (4) compiling data; (5) drafting modifications in existing laws, regulations, policies, and procedures and obtaining such modifications by negotiation and mediation concerning issues such as land claims and war claims; and (6) seeking to obtain maximum economic development and political autonomy for Guam, consistent with U.S. security interests. Provides that the United States will bear the cost of the work of the Commission. Authorizes the President or his designee to delegate to the Governor of Guam total or partial performance of functions now vested in Federal administrative agencies. Title III: Foreign Affairs and Defense - Grants the United States responsibility for authority with respect to matters relating to foreign affairs and defense that affect Guam. Provides for U.S. consultation with Guam in advance of negotiations toward any treaties or international or executive agreements affecting Guam, and with respect to proposals to increase or decrease Department of Defense activities within Guam. Prohibits the establishment of military security zones or the stationing of foreign military personnel on the Island of Guam without the approval of the Government of Guam except in time of declared war, or the establishment of military bases without consultation with the Governor. Provides for U.S. assistance to Guam in the establishment of offices in the United States and abroad, in becoming a member or participant in appropriate regional and international organizations, and in obtaining from other countries favorable treatment for exports. Prohibits the United States from utilizing the Island of Guam or the water surrounding it for the dumping or storage of nuclear waste or hazardous chemicals. Provides for the clean up by the United States of chemical dump sites used by the military in the past. Requires the United States to compensate any person injured as a result of hazardous materials stored, used, or disposed of by the U.S. Government in Guam or its waters. Title IV: Courts - Specifies provisions governing the relations between U.S. courts and the local courts of Guam, the jurisdiction of the District Court of Guam, and the applicable district court rules. Provides for the appointment of a judge for the District Court of Guam, a U.S. attorney, and a U.S. marshal for Guam. Title V: Trade - Establishes a Guam-United States free trade area, under which neither party may impose duties, quotas, or other restrictions on each other's products, nor shall the United States treat products of Guam as having originated in any other country. Defines "products of Guam" to mean articles that contain at least 30 percent value added in Guam, and specifies costs included in value added. Authorizes Guam to impose, increase, reduce, or eliminate duties and other restrictions on: (1) products that originate outside the customs territory of the United States and that are imported into Guam; and (2) exports from Guam, whether or not products of Guam. Requires the Governor of Guam to certify that the origin of "products of Guam" is, in fact, Guam, and provides for customs inspections of products brought into the United States. Title VI: Taxation - Makes U.S. income tax laws applicable to Guam. Deems such laws to impose a separate tax, payable to the Government of Guam, to be known as the Guam Commonwealth income tax. Grants the Governor the same administrative and enforcement powers and remedies with regard to such tax (pursuant to the laws of Guam) as the Secretary of the Treasury and other executive branch officials have with respect to U.S. income tax. Sets forth similar enforcement authority with respect to criminal violations, tax liens, and suits to recover erroneously or illegally assessed taxes. Grants the District Court of Guam exclusive jurisdiction over all judicial proceedings in Guam, both criminal and civil, with respect to such tax. Allows the Government of Guam to provide for the rebate or reduction of taxes in order to assist new industries or economic development. Grants Guam the power to determine the nature and amount of taxes imposed upon the income and property of persons within its jurisdiction. Repeals applicable U.S. tax laws one year after Guam has enacted a replacement comprehensive local income tax. Exempts all bonds or other obligations issued by Guam from taxation by Federal, State, or local governments of the United States. Title VII: Immigration - Applies the Immigration and Nationality Act and pertinent Federal regulations to Guam for two years from enactment of this Act. Directs Guam to enact a comprehensive law on immigration to become effective at the end of the two-year period. Provides that such law shall not impair the free movement of U.S. citizens to and from Guam, include the authority to naturalize aliens for U.S. citizenship, or alter the Governor's authority to issue U.S. passports. Authorizes U.S. consular officials to issue visas for travel only to Guam for any alien seeking to enter Guam as a non-immigrant in order to encourage investors and tourists to come to Guam. Title VIII: Labor - Grants preference to qualified residents of Guam in all Federal civil service vacancies occurring in Guam. Grants Guam the authority to enact and enforce all laws regulating or affecting employment in Guam. Provides that all pertinent U.S. laws regulating employment on Guam on the effective date of this Act shall remain applicable until replaced by duly enacted law of the Guam Legislature. Title IX: Transportation and Telecommunications - Precludes application of any U.S. law barring the U.S. registration and use of any foreign-built vessel within the waters around Guam for any purpose. Exempts from the coastwise laws of the United States any shipment of fish or fish products from Guam to any U.S. coastwise destination. Directs the Commission periodically to examine the applicability of such laws and to recommend termination of their applicability upon determining that such laws constrain Guam's economic development. Authorizes the Governor of Guam to sponsor any qualified air service carrier to come to Guam, subject to presidential consultation concerning U.S. foreign policy and security interests. Exempts Guam from all bilateral treaties between the United States and foreign states with respect to scheduling and technical specifications of aircraft, other than safety requirements. Provides that Guam shall remain an "eligible point" for purposes of being ensured essential air transportation to and from the United States. Defines Guam as "domestic" for Federal Communications Commission rate setting purposes. Title X: Land, Natural Resources and Utilities - Grants the Government of Guam the power of eminent domain. Grants Guam jurisdiction over all natural resources of the seabed, subsoil, tidelands, and adjacent territorial waters of the Island of Guam. Sets limits on U.S. acquisition of real property on Guam. Exempts Guam from Federal regulations governing the transfer or sale of excess Federal real property. Provides for the transfer of all excess Federal property to Guam, with specified exceptions. Provides for access and use by the residents of Guam of certain retained Federal property, subject to military security requirements. Authorizes the granting of easements on such property to the Government of Guam in specified circumstances. Directs the United States to transfer ownership of island utilities to Guam. Title XI: United States Financial Assistance - Provides for the return of U.S. revenues from taxes and fees collected in Guam or from its residents or products to the Government of Guam. Makes U.S. laws providing Federal benefits and financial assistance which are applicable to the States likewise applicable to Guam on an equal basis. Directs the Governor of Guam, in preparing an annual budget, to identify the costs and benefits to Guam brought about by its role as one of the principal U.S. military bases. Requires the Governor to submit such information to the Guam Legislature and the Office of Management and Budget for use in reviewing the Governor's request for appropriations for the annual Federal payment to Guam, which request the Governor shall submit to the President for transmission to the Congress each year. Provides for assistance to aid Guam's transition to a Commonwealth, including: (1) U.S. financing of the costs of institutional changes connected with the change in Guam's political relationship with the United States; (2) help in meeting the capital needs of Guam necessary for long-term, self-sustaining development; and (3) establishing an economic development fund to assist expansion of the private sector. Title XII: Technical Amendments and Interpretation - Makes technical and conforming amendments. Calls for this Act to be interpreted liberally to accomplish its purpose of providing for complete, internal self-government for Guam. Requires this Act to be submitted to the registered voters of Guam for ratification after being passed by the Congress. Repeals the Organic Act of Guam.
United States · United States Congress · 3 January 1989
Directs the Secretary of the Army to set aside an appropriate area within Arlington National Cemetery for the unmarked burial of cremated remains of persons entitled to burial in such cemetery.