United States · United States Congress · 27 February 1989
Commends: (1) Secretary of State Baker's February 8, 1989, statement for focusing world attention upon the humanitarian disaster in Sudan and the urgent need for a ceasefire and peace accord; and (2) the relief activities of the International Committee of the Red Cross, the Agency for International Development, the Office of Foreign Disaster Assistance, and various American, international, and private and voluntary agencies. Deplores the use of food as a weapon by the Government of Sudan and by the Sudanese People's Liberation Army (SPLA) and calls upon each to permit the safe passage of food and emergency relief supplies to civilians in affected areas. Urges the President and Secretary of State to: (1) provide international leadership in pressing for national reconciliation and an end to widespread starvation in Sudan; (2) reassess U.S.-Sudanese relations and U.S. assistance unless the Government of Sudan makes progress in facilitating increased relief to displaced populations and in negotiations for a peace accord; and (3) impress upon the SPLA its responsibility to permit the flow of international relief to civilians and to negotiate with the Government of Sudan for a national peace accord.
United States · United States Congress · 27 February 1989
Urges the President to commence negotiations with the Government of Mexico to conclude a free trade agreement to provide for the mutual elimination or reduction of duties on imports.
United States · United States Congress · 23 February 1989
Makes the legal defense of discretionary function provided under specified Federal law inapplicable to any legal or administrative proceeding for damages arising out of U.S. violation of occupational safety or health standards or U.S. negligence at any workplace owned or operated by or under contract with the United States.
United States · United States Congress · 23 February 1989
Family Living Wage Act - Amends Internal Revenue Code provisions governing the earned income tax credit to: (1) increase from $5,714 to $7,000 the amount of earned income subject to the credit; (2) increase the basic credit from 14 percent to 15 percent; and (3) permit an additional credit (to apply to not more than four children) of five percent for each dependent school age child between age six and age 16 and ten percent for each preschool age child. Reduces the amount of the credit for taxpayers with adjusted gross income over $40,000. Indexes amounts relating to the credit beginning in 1992. Disallows application of the nonrefundable dependent care income tax credit with respect to a taxpayer's dependents under age 13, unless the child is physically or mentally incapable of self-care. Permits the credit with respect to handicapped children under age 15 only if the taxpayer elects not to include the child within the framework of the earned income credit. Repeals provisions of the Family Support Act of 1988 that revise the way in which the earned income credit is treated in the context of needs analysis for purposes of State plans for aid and services to needy families with children under title IV of the Social Security Act.
United States · United States Congress · 23 February 1989
Condemns the death sentence issued against British author Salman Rushdie by the Ayatollah Khomeini. Calls for its immediate repudiation and the immediate withdrawal of any reward of money and martyrdom for the murder of Mr. Rushdie.
United States · United States Congress · 23 February 1989
Expresses the sense of the Congress that science, mathematics, and technology education should be a national priority (with emphasis on an educated citizenry, curriculum planning, teacher preparation, and service to traditionally underserved students, including those from inner cities and remote areas).
United States · United States Congress · 22 February 1989
Public Pension Parity Act of 1987 - Amends the Internal Revenue Code to exclude from the gross income of an individual amounts received as a pension or annuity under a public retirement system to the extent they are not attributable to services covered under the social security system. Limits the tax exclusion based upon calculations relating to income tax treatment of social security benefits.
United States · United States Congress · 22 February 1989
Scenic Byways Study Act of 1989 - Declares it to be the policy of the United States to identify, protect, and enhance scenic and historic roads. Directs the Secretary of Transportation to: (1) transmit to the Congress a nationwide, long-term plan for promoting, designating, protecting, and enhancing scenic and historic roads, including an analysis of available studies on a national scenic byways program, guidelines for administration of such a program, and forecasts of significant changes in traffic volumes, safety consequences, and environmental and economic impacts; (2) assemble for the Congress available information on economic activity associated with scenic and recreational travel; (3) conduct a study and make recommendations regarding economic impacts of promoting scenic byways as tourist attractions, techniques for incorporating scenic byways into tourism development and marketing programs, and alternative means to inform the public about scenic byways; and (4) conduct case studies of, and report on, States with existing scenic byway programs. Requires the Secretary to consult with the States on studies under this Act. Authorizes the Secretary to conduct national and regional conferences to ensure public involvement. Authorizes appropriations.
United States · United States Congress · 22 February 1989
RICO Reform Act of 1989 - Amends the Racketeer Influenced and Corrupt Organizations Act (RICO) to include additional predicate offenses within the definition of "racketeering activity," such as prostitution involving minors, computer fraud, and certain activity relating to terrorist acts abroad. Modifies civil remedies provisions of RICO to require U.S. district courts to find proof by a preponderance of the evidence before restraining violations. Authorizes: (1) specified governmental entities whose business or property is injured by conduct in violation of RICO to recover threefold the actual damages to such business or property, plus costs; (2) persons whose business or property is injured by such conduct to recover actual damages, plus costs (and punitive damages of up to twice the actual damages where the plaintiff proves by clear and convincing evidence that the defendant's actions were consciously malicious, or so egregious and deliberate that malice may be implied); (3) such persons to recover threefold the actual damages if any defendant has been convicted of specified Federal or State offenses; and (4) natural persons who suffer serious bodily injury by reason of specified crimes of violence to recover actual damages to such person's business or property, damages sustained by such individual as allowed under State law (excluding pain and suffering), and costs (and, upon proof by clear and convincing evidence that defendant's actions were malicious, up to twice the actual damages). (Current law allows recovery of threefold the damages, plus costs, for persons whose business or property is injured.) Sets forth: (1) statutes of limitation; and (2) procedures for considering affirmative defenses. Permits international service of process. (Current law restricts such service to specified judicial districts within the United States.) Provides for exclusive Federal jurisdiction to hear criminal or civil RICO proceedings. Authorizes recovery beyond actual damages to a person's business or property, where such person would not otherwise be eligible to recover costs under this Act, under specified conditions, including where the judge determines that a limitation of recovery would clearly be unjust.
United States · United States Congress · 22 February 1989
Amends the Congressional Budget Act of 1974 to provide that it shall not be in order for either House of Congress to consider any legislation which would impose any requirement on State or local governments which is likely to result in an annual cost to such governments of $50,000,000 or more for any particular program, project, or activity, except for legislation which complies with any sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Requires the report of the Committee on the Budget of each House accompanying the concurrent resolution on the budget to identify changes in Federal aid programs for State and local governments on a program-by-program basis.
United States · United States Congress · 22 February 1989
Amends Federal law to extend the immediate retirement provisions applicable to Federal law enforcement officers to: (1) revenue officers for the Internal Revenue Service; (2) customs inspectors for the U.S. Customs Service; (3) customs canine enforcement officers for the U.S. Customs Service; and (4) inspectors for the Immigration and Naturalization Service.
United States · United States Congress · 22 February 1989
United States Coinage Reform Act of 1989 - Requires that one dollar coins be gold colored, be at least 90 percent copper, and be fabricated in the United States from natural deposits located in the United States. Redesigns the obverse side of the dollar coin to symbolize the 500th anniversary of the discovery of the New World by Christopher Columbus. Requires the Secretary of the Treasury to place such coins into circulation within 18 months and to cease production of one dollar notes, except as required from time to time to satisfy the needs of collectors, within 18 months after the first of such coins are placed in circulation. Directs the Secretary to conduct a study and report to the Congress on the advisability of phasing out production of the one-cent and 50-cent coins and of rounding cash sales to the nearest five cents. Requires that the seigniorage from the production of such dollar coins be used to offset the reverse seigniorage resulting from the destruction of Susan B. Anthony dollar coins.
United States · United States Congress · 22 February 1989
Amends the Indian Gaming Regulatory Act to classify as Class II gaming electronic or electromechanical facsimiles of games of chance operated by Indian tribes in Minnesota on or before enactment of this Act.
United States · United States Congress · 21 February 1989
National Cooperative Research and Production Amendments of 1989 - Amends the National Cooperative Research Act of 1984 to limit antitrust liability of competitors for exchanging information, entering into agreements, or engaging in specified conduct through joint arrangements for the production, marketing, or distribution of any product, process, or service.
United States · United States Congress · 21 February 1989
National Cooperative Innovation and Commercialization Act of 1989 - Establishes legal and other procedures and standards regarding cooperative innovation agreements, including procedures by which firms may seek agreement approval from an authorizing agency and thereby obtain exemption from criminal antitrust actions or civil antitrust damage actions. Defines "cooperative innovation arrangement" (arrangement) to include activities such as the making or performance of a contract for the purpose of manufacturing, producing, marketing, or otherwise commercializing products, processes, or information developed jointly. Precludes any arrangement approved under this Act by the authorizing agency from being deemed illegal per se under the Federal antitrust laws or similar State laws. Establishes a procedure for submission and approval of written applications for arrangements. Specifies required disclosures to be made in such applications. Provides for publication of notice by the authorizing agency in the Federal Register and for review of such applications. Sets forth criteria for: (1) approval of applications by the authorizing agency, including requirements that the arrangement will not possess substantial market power in any relevant market and that its duration will not exceed specified limits; and (2) defining relevant markets. Makes injunctive relief the exclusive remedy in any criminal or civil action under the antitrust laws while the authorizing agency's approval is in effect. Establishes procedures for investigation and review of the approved arrangement during any time in which an approval is in effect. Sets time limits for duration of approval and procedures for submitting applications for renewal. Makes information submitted in connection with applications for approval or petitions for revocation exempt from disclosure and confidential, with exceptions. Provides for judicial review of action by the authorizing agency. Provides for the payment of costs, including a reasonable attorney's fee, to the substantially prevailing party in any Federal antitrust or similar State law action based on conduct that results from any approved arrangement. Disclaims any intent to repeal, supersede, or modify the National Cooperative Research Act of 1984.
United States · United States Congress · 21 February 1989
Community, Employee, and Stockholder Right-to-Know Act - Amends the Securities Exchange Act of 1934 to authorize the Securities Exchange Commission (SEC) to suspend the effectiveness of the offer for, or request or invitations of tenders for, a security if the SEC determines that the required information statement filed with the SEC is lacking in specified information or that the information does not provide full disclosure concerning such security. Maintains such suspension until a determination following a hearing. Requires such hearing to be held within ten days after the date of suspension, and a determination to be made within three days following the completion of the hearing. Requires the SEC to permanently suspend an offer found to contain inadequate information concerning the security, subject to the offeror's right to remedy the inadequate information provided in the offer. Prohibits the offeror from taking any action concerning the offer of a security while such offer's validity is being determined by such a hearing. Prohibits any offeror from acquiring any equity securities of any class of any issuer at any time within two years following the last purchase of securities pursuant to an offer for securities of that class, unless the holders of the equity securities are afforded a reasonable opportunity to dispose of the securities to the offeror upon substantially equivalent terms as those provided in the earlier offer. Provides that all shares acquired in violation of this Act or in violation of any order of the SEC will be denied voting rights for one year after acquisition, with the issuer having the right to call the shares for redemption at book value per share. Includes, as part of the information required to be filed with the SEC by any person acquiring more than five percent of a class of securities, the following information: (1) a description of any securities which are being offered in exchange for the equity securities of the issuer; (2) whether such person will effect a merger or consolidation with any other person or change the location of the principal executive office or of a material portion of an acquired business's activities; or (3) whether such person will make any other specified major change in the business, corporate structure, management, or personnel for the entity in which the security represents an interest. Directs the SEC to promulgate rules and regulations to prohibit: (1) the sale by any principal stockholder to the offeror of any equity securities for a consideration greater than that to be paid to other stockholders pursuant to an agreement not disclosed to other stockholders; (2) the refusal by the issuer to permit an offeror who is a stockholder of record to examine its list of stockholders and use such information to make or mail solicitations of tender offers to such stockholders; and (3) the solicitation of any acceptance or rejection of an offer before the filing of the information statement required under the Securities Exchange Act of 1934. Provides that certain reporting requirements under the Securities Exchange Act of 1934 shall apply to a control share acquisition. States that all securities acquired by a person in violation of certain required shareholder approval requirements shall be denied voting rights for one year after acquisition, with the issuer having the option to call the securities for redemption at book value. Requires a person proposing to make a control share acquisition to deliver to the issuer of the securities involved a statement in such form as the SEC may prescribe, containing information relating to the specifics of such proposed acquisition and changes in voting power which would be the result of such proposed acquisition. Requires a special meeting of the stockholders, between 30 and 55 days after the receipt of such statement, to vote on the proposed control share acquisition. Allows the acquiring person to consummate the proposed control share acquisition only if both of the following occur: (1) the proposed control share acquisition is approved by a majority vote of the stockholders at the special meeting called for such purpose; and (2) the proposed control share acquisition is consummated within 180 days after shareholder approval. Allows an acquiring person to examine the most recent stockholder register for the purpose of communicating with stockholders to obtain authorization for such a control share acquisition.
United States · United States Congress · 9 February 1989
Telephone Operator Service Consumer Protection Act of 1989 - Directs the Federal Communications Commission to initiate, within 30 days, a proceeding under the Communications Act of 1934 to establish regulations to protect from unfair and deceptive practices consumers who use operator services to place interstate telephone calls and to ensure that consumers have the opportunity to make informed choices in making such calls. Provides for the timing and content of such regulations, including certain minimum requirements.
United States · United States Congress · 9 February 1989
Postal Reorganization Act Amendments of 1989 - Declares that the receipts and disbursements of the Postal Service Fund: (1) shall not be included in the totals of the Federal budget or the congressional budget; (2) shall be exempt from Federal budget limitations on expenditures and net lending; and (3) shall be exempt from any sequestration order under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) and shall not be counted for purposes of calculating the Federal deficit.
United States · United States Congress · 9 February 1989
Current Level Enhanced Rescission Act of 1989 - Amends the Impoundment Control Act of 1974 to include in any special message the President sends to the Congress in connection with a proposed rescission of budget authority amendatory language to enable the affected programs to continue to function lawfully at the proposed new budget level. Amends the Congressional Budget and Impoundment Control Act of 1974 to authorize the President, on the same day the President approves any appropriation bill, to transmit to the Senate and the House of Representatives one or more special messages proposing to rescind amounts of budget authority included in the bill. Limits: (1) the amounts subject to rescission (the proposal may not reduce a program below its previous fiscal year level); and (2) each special message to one item of budget authority. Prescribes procedures to govern the expedited treatment of such messages in the Senate and the House of Representatives. Makes any proposed rescission amount available for obligation unless both Houses of Congress agree to the bill or joint resolution accompanying the related special message within 60 days of its transmission.
United States · United States Congress · 9 February 1989
Independent Defense Procurement Corps Act of 1989 - Title I: Independent Defense Procurement Corps - Establishes as an independent agency in the executive branch the Independent Defense Procurement Corps. Requires the Director of the Corps to establish a personnel system for civilian personnel within the Corps. Allows current members of the armed forces to fill the initial staff requirements of the Corps for no longer than five years after enactment of this Act, unless certain conditions have been met. Requires the Corps to carry out all procurement functions of the Department of Defense (DOD). Requires the Corps to: (1) operate as the sole negotiator between the private sector and DOD in defense procurement business; (2) seek and receive evaluations and advice from specified officials within DOD about the need and justification for property and services; and (3) carry out functions and relevant acquisition regulations of DOD relating to the research, development, and production of property and services. Requires the Secretary of Defense to be the chief liaison between DOD and the Corps for purposes of communicating the views of DOD, including the military departments and defense agencies, on acquisition matters. Prohibits a person from serving as Director if such person has been employed by a defense contractor or the Corps, has served on active duty with the armed forces, or has been a consultant to DOD during the three-year period before being nominated as Director. Prohibits a former Director from accepting compensation for a period of five years after leaving office from any person under contract with DOD or the Corps during the period in which such person served as Director. Provides similar three-year limitations for staff members of the Corps. Requires the Director to submit to the President, the Congress, and the Secretary of Defense annual reports on the activities of the Corps. Terminates the position of Under Secretary of Defense for Acquisition. Transfers to the Director all procurement functions from various offices within the departments and agencies of DOD. Title II: Inspector General for Defense Procurement - Establishes the Office of the Inspector General for Defense Procurement as an independent office in the executive branch. Requires the Inspector General to appoint: (1) an Assistant Inspector General for Auditing who shall be responsible for auditing the programs and operations of the Corps; and (2) an Assistant Inspector General for Investigations who shall be responsible for supervising the performance of investigative activities relating to such programs and operations. Prohibits a person from serving as Inspector General if such person has been employed by, or has been a consultant to, a person under contract with DOD or the Corps, has served on active duty as an officer in the armed forces, or has been a consultant to DOD during the five-year period ending on the date on which the person is nominated to be Inspector General. Prohibits a former Inspector General from accepting compensation for five years after serving in such position from any person under contract with DOD or the Corps during the period in which the person served as Inspector General. Provides similar three-year limitations for employees of the Office. Prohibits any member of the armed forces, active or reserve, from being appointed to the Office under this Act.
United States · United States Congress · 9 February 1989
Comprehensive Lyme Disease Act of 1989 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to make grants with respect to Lyme disease: (1) through the Director of the National Institutes of Health, for research and treatment; and (2) through the Director of the Centers for Disease Control, for public education. Authorizes appropriations for FY 1990 through 1992.
United States · United States Congress · 9 February 1989
Directs the President to impose certain sanctions against persons who export, transfer, or otherwise engage in the trade of any Missile Technology Control Regime item in violation of the U.S. export control laws. Declares such sanctions to include the: (1) denial of an export license; (2) prohibiting of all contracting with, or procurement of any products and services from, such violator; and (3) prohibiting of imports from such violator. Requires the President to report to the Congress: (1) within ten days before imposing or waiving any such sanction; and (2) annually about the status of any sanctions or sanction waivers.
United States · United States Congress · 9 February 1989
Peace Corps Volunteer Education Demonstration Program Act - Authorizes the Director of the Peace Corps to carry out a training and educational benefits demonstration program. Makes eligible for program participation any student at an institution of higher education who: (1) has completed at least two years of satisfactory study and is enrolled in a bachelor-degree program of at least four years; (2) agrees to serve at least three years in the Peace Corps; and (3) is selected in a competitive process. Requires selection procedures to include special consideration for traditionally underserved groups of students and students who will specialize in courses in areas in which the Peace Corps has special need. Requires the Director to carry out a training program under which participants receive appropriate training for their Peace Corps work as part of their course of study. Makes participants eligible for educational benefits to cover attendance costs during their remaining two years of study. Requires repayment of such benefits if the individual fails to complete three years of Peace Corps service. Directs the Secretary of Education to evaluate and report on such program to the President and the Congress by October 31, 1994. Authorizes appropriations for FY 1990 through 1995.
United States · United States Congress · 9 February 1989
Women in Development Act of 1989 - Requires the Administrator of the Agency for International Development (AID) to take specific steps to strengthen the Agency's women in development policy, including: (1) incorporating the active participation of local women and local women's organizations in its development activities; (2) instructing Agency staff and contractors to collect sex-disaggregated data and to insure that country strategies, projects, and programs are designed so that the percentage of women receiving assistance in proportion to the higher of their traditional participation in the targeted activities or their proportion of the population; (3) insuring that project and program evaluations include an assessment of the extent to which the project integrates women in the development process and of the project's impact on women; (4) increasing the number and responsibility of women in professional positions within AID; and (5) establishing within AID a task force on women in development. Amends the Foreign Assistance Act of 1961 to require that a minimum (currently, maximum) of $10,000,000 in funds made available for foreign assistance programs be used for programs to promote the participation and integration of women in the development process in developing countries. Specifies that a certain amount of such funds shall be made available as matching funds to support activities designed to better integrate women into AID programs. Requires the Administrator to report to the Congress annually on the implementation of this Act. Authorizes appropriations to be made available for the United Nations Development Fund for Women and the United Nations International Research and Training Institute for the Advancement of Women.
United States · United States Congress · 7 February 1989
Fair Garnishment Practices Act of 1989 - Provides for the treatment of Federal pay in the same manner as non-Federal pay with respect to garnishment. Allows the imposition of fees by Government entities to defray administrative costs of garnishment.
United States · United States Congress · 7 February 1989
Veterans' Health-Care Programs Amendments of 1989 - Title I: Personnel Provisions - Directs the Secretary of Veterans Affairs to provide special pay for nurses (as is currently provided to physicians and dentists) in a specified amount (depending on full- or part-time employment) upon the execution of a written agreement to complete a specified period of service with the Veterans Health Services and Research Administration of the Department of Veterans Affairs. Directs the Secretary, in addition to such special pay, to provide incentive special pay to Department nurses for: (1) tenure of service within the Administration of two years or more but less than five years; (2) tenure of service within the Administration of five years or more: (3) service in intensive care units, critical care units, emergency rooms, operating rooms, or in nursing specialties for which recruitment and retention of qualified nurses is difficult; (4) service in a specific geographic location in which it is especially difficult to recruit and retain qualified nurses; and (5) service in a head nurse position. Directs the Secretary to provide such incentive special pay, under the same criteria, for eligible part-time nurses employed in the Administration. Provides that the agreement required for the payment of special pay may only be entered into if the nurse is a registered nurse and an employee of the Administration whose duty assignments involve direct patient care. Provides specified amounts (per annum) of such special incentive pay for qualified nurses within the Administration. Extends premium pay for nurses for work performed during certain hours or for overtime work to licensed practical or vocational nurses and nurse assistants of the Administration. Excludes Administration employees appointed and paid under general Federal provisions governing appointments in the competitive service from any Federal veterans' benefits provisions limiting employment outside of the Department. Includes nurses who are retired military personnel and who are necessary to meet emergency employment needs in the category of Administration personnel who are exempt from reductions in retirement pay under Federal provisions regarding pay administration in the competitive service. Authorizes the Secretary, upon the recommendation of the Chief Medical Director of the Department, to appoint qualified individuals in the competitive civil service to the Administration without regard to Federal provisions regarding examination, certification, and appointment in the competitive service. Requires the Secretary to apply the principles of preference for hiring established under such Federal provisions. Title II: Health Program Amendments - Extends permanently the authority of the Secretary to provide respite care services to eligible veterans. (Currently, such authority expires as of the end of FY 1989.) Extends through FY 1992 the authority for the making of grants to States for the construction of State nursing home facilities. Amends the Veterans' Home Loan Program Improvements and Property Rehabilitation Act of 1987 to convey to employers who employ veterans participating in a compensated work therapy program real property and improvements for not less than 75 percent of the fair market value of such property. Rescinds a Department medical regulation relating to the use of community nursing home facilities. Title III: Health-Care Management - Directs the Secretary, during FY 1990 and 1991, to carry out a pilot program in one medical region of the Administration for an improved management system for amounts payable to the United States from programs administered by the Administration. Requires the Secretary to develop an automated program to carry out billing and collection of fees. Sets forth the requirements of such program and the allocation of amounts received by the Department through such program. Provides that the amounts retained and allocated shall be used for: (1) pay and other personnel benefits to enhance the recruitment and retention of Administration health-care employees; and (2) the supplementing of medical equipment accounts of medical centers at which such accounts are deficient. Authorizes appropriations. Makes military dependents who are eligible for medical care under Federal armed forces provisions eligible for health care under sharing agreements for health-care resources between the Department and the Department of Defense. Requires the Secretary, by October 1, 1989, to compile a list of individuals eligible for medical care under veterans' benefits provisions relating to survivors and dependents of certain veterans. Provides that the Secretary may pay benefits only to persons on such list. Directs the Secretary, no later than October 1, 1989, to establish a procedure for the periodic review of the need for, and the cost-effectiveness of, such medical care. Requires the Inspector General of the Department to report to the Senate and House veterans' committees on the Secretary's compliance with the establishment of such list and the procedures of such review. Directs the Secretary to study alternative methods for providing for the costs of such medical care and to report such study to the Congress. Authorizes appropriations. Prohibits the Department canteen service from contracting for the performance by any individual not employed by the United States of any activity that would otherwise be performed by an individual employed by the United States who is compensated with nonappropriated funds. Declares that the head of such service may not be required to report to any Department official other than the Secretary and the Deputy Secretary.
United States · United States Congress · 7 February 1989
Volunteer Protection Act of 1989 - Prescribes circumstances under which volunteers working for nonprofit organizations or government entities shall be immune from personal financial liability for acts on behalf of the organization or entity. Sets forth exceptions to and conditions on the granting of such immunity that a State may impose. Requires the Secretary of Health and Human Services to increase by one percent the fiscal year allotment which would otherwise be made to a State to carry out the Social Services Block Grant Program under title XX of the Social Security Act if such State has, within two years, certified to the Secretary that it has enacted a State law which provides such immunity. Provides for the continuation of such increase based on an annual recertification.
United States · United States Congress · 7 February 1989
Agricultural Product Outdoor Advertising Act - Amends Federal law to limit to 60 square feet the size of agricultural product outdoor advertising signs and devices at locations where consumers may harvest or purchase products from producers.
United States · United States Congress · 7 February 1989
Establishes congressional procedures for consideration of special messages submitted by the President proposing to rescind all or part of any item of appropriation provided in an approved appropriation bill.
United States · United States Congress · 7 February 1989
Expresses the sense of the Congress that the Soviet Union should: (1) continue to abide by the agreement governing the withdrawal of its armed forces from Afghanistan; (2) give all necessary aid and information to assist in the removal of mines deployed in Afghanistan by Soviet and allied Afghan armed forces; (3) provide all funds, equipment, and personnel necessary for such removal; and (4) set aside funds to provide medical care and assistance to those Afghan people injured as a result of, and to pay claims for property damage caused by, mines which were not removed.
United States · United States Congress · 7 February 1989
Expresses the sense of the Congress that the U.S. Government should reassess current policy and pursue a negotiated settlement to the civil war in El Salvador.
United States · United States Congress · 6 February 1989
American Heritage Trust Act of 1989 - Title I: American Heritage Trust - Establishes the American Heritage Trust, comprised of the Land and Water Conservation Fund and the Historic Preservation Fund, to provide funding for the preservation of America's natural, historical, cultural, and outdoor recreational areas. Title II: Land and Water Conservation Fund - Amends the Land and Water Conservation Fund Act to require the Secretary of the Treasury to invest a portion of the Land and Water Conservation Fund in public debt securities. Requires that the interest from such investments be used for the preservation of the Nation's recreational areas. Requires any excess interest to be credited to the Treasury. Sets forth a formula for the allocation of such interest income to the Federal Government and the States. Sets forth specified requirements with respect to the apportionment of such income to local and State governments, Indian tribes, and Alaska Native Village Corporations. Title III: Historic Preservation Fund - Amends the National Historic Preservation Act to extend the Historic Preservation Fund through 2015. Requires the Secretary of the Treasury to invest a portion of such Fund in public debt securities. Requires that the interest from such investments be used for the preservation of historic sites. Provides for allocation of a percentage of annual appropriations for State historic preservation trust funds. Title IV: Miscellaneous Provisions - Requires the owner of any site that benefits from moneys derived from the American Heritage Trust to install a sign indicating that fact. Requires the Secretary of the Interior, within 18 months after enactment of this Act, to provide for a contest for elementary or secondary school children for the design of a symbol to represent such Trust and for use in such signs.
United States · United States Congress · 6 February 1989
Medicaid Community and Facility Habilitation Services Amendments of 1989 - Title I: Community Habilitation and Supportive Services - Amends title XIX (Medicaid) of the Social Security Act to authorize States to cover community habilitation and supportive services for individuals with mental retardation or related conditions without regard to whether or not such individuals have been discharged from a nursing or habilitation facility. Defines community habilitation and supportive services as services which assist individuals in developing and maintaining the skills necessary to function successfully in a home or community-based setting. Requires that community habilitation and supportive services be provided to each client in accordance with an individual service plan prepared and periodically reviewed and revised by an interdisciplinary team on the basis of a comprehensive functional assessment of a client's needs conducted before his or her receipt of services and at least annually thereafter. Requires that such services meet minimum requirements, to be developed by the Secretary of Health and Human Services, regarding client rights and service quality. Makes the requirements imposed on habilitation facilities (under title II of this Act) regarding patient's rights and facility safety and sanitation applicable to residential settings in which community habilitation and supportive services are provided. Requires that residential settings: (1) disclose persons having an ownership or control interest in the setting; and (2) exclude a person from such interest if he or she has been excluded from the Medicaid program or had an interest in a residential setting repeatedly found to have provided substandard care. Requires a habilitation facility which converts to a residential setting to continue to provide continuous active treatment to residents who required such treatment at the time of conversion. Requires a residential setting to document a client's receipt of medical services. Makes the: (1) Secretary responsible for certifying that State providers of community habilitation and supportive services and residential settings in which such services are provided comply with Medicaid requirements; and (2) States responsible for certifying that other providers of and residential settings for such services comply with Medicaid requirements. Requires each State to: (1) conduct periodic educational programs for the staff and clients in residential settings for community habilitation and supportive services regarding requirements imposed on such setting; and (2) provide, through the State agency responsible for the certification of such providers and residential settings, for the receipt, review, and investigation of allegations of client neglect and abuse and of misappropriation of client property by providers. Requires that such providers and settings be certified annually. Bases residential setting certification on an annual, unannounced survey. Directs the Secretary to: (1) develop a protocol for conducting surveys; and (2) conduct sample surveys of residential settings, within two months of State surveys, to test the adequacy of State surveys. Authorizes the Secretary to conduct a special survey of a setting or a review of the provider when there is reason to question its compliance with this Act. Prohibits the use of surveyors who have an interest in the provider or setting being surveyed or have not completed a training and testing program approved by the Secretary. Requires States and the Secretary to investigate complaints against providers or settings concerning violations of this Act's requirements. Requires that: (1) certain information regarding providers and settings and their compliance with this Act's requirements be made available to the public; and (2) the State agency responsible for the protection and advocacy system for the developmentally disabled and the guardians of clients be notified of a provider's or setting's noncompliance with this Act's requirements. Gives State Medicaid fraud and abuse control units access to provider or setting survey and certification information. Requires that when the Secretary or State determines that a provider's or setting's deficiencies immediately jeopardize the client's health and safety, immediate action be taken to remove the jeopardy and correct the deficiencies or the provider's or setting's participation in Medicaid be terminated. Directs the Secretary and States to apply certain other remedies where the health and safety of clients are not immediately jeopardized. Requires the imposition of civil money penalties against providers and settings which are, or are found to have been, out of compliance with any of this Act's requirements. Sets forth the Secretary's responsibilities relating to community habilitation and supportive service requirements. Eliminates the restriction of the Medicaid waiver for community habilitation services to individuals who have been discharged from a skilled nursing or intermediate care facility. Directs the Secretary to report to the Congress annually on the extent to which providers and residential settings are complying with this Act's requirements and the number and type of enforcement actions taken by the Secretary and the States. Title II: Quality Assurance for Habilitation Facility Services - Defines a "habilitation facility" as an institution primarily engaged in providing health or habilitation services to individuals with mental retardation or related conditions and not primarily for the care and treatment of mental diseases. Sets forth requirements for habilitation facilities, including requirements that such facilities: (1) promote maintenance or enhancement of the quality of life, independence, productivity, and integration into the community of each client; (2) provide continuous active treatment which is coordinated and monitored by a qualified mental retardation professional; (3) provide such treatment in accordance with an individual program plan prepared and periodically reviewed and revised by an interdisciplinary team of professionals on the basis of an assessment of a client's developmental and behavioral management needs conducted upon the client's admission and at least annually thereafter; (4) not admit any new client with mental retardation or a related condition on or after January 1, 1991, unless the State mental retardation or developmental disability authority has determined on the basis of an evaluation performed independently of the facility that the individual requires habilitation facility services; (5) provide physician services 24 hours a day, annual physical examinations, licensed nursing services, comprehensive dental diagnostic and treatment services, routine and emergency drugs and biologicals, professional program services to implement each client's active treatment plan, and meal services; (6) require a physician's supervision of each patient's care, have a physician available to furnish emergency medical care, and maintain clinical records on all clients; (7) protect specified client rights, including the right to appeal a transfer or discharge and receive post-discharge preparation and planning services; (8) provide applicants and residents with information regarding the Medicaid program and not require applicants to waive their rights to such benefits or have a third party guarantee payment to the facility as a condition of their admission; (9) protect a client's personal funds upon the client's authorization and teach clients to manage their funds to the extent of their capabilities; (10) adopt certain measures to preserve facility safety and sanitation; and (11) meet such other conditions which the Secretary of Health and Human Services deems necessary for client health and safety. Sets forth the Secretary's responsibilities relating to habilitation facility requirements. Makes the Secretary responsible for certifying that State habilitation facilities comply, and States responsible for certifying that other habilitation facilities comply, with Medicaid habilitation facility requirements. Requires each State to: (1) conduct periodic educational programs for habilitation facility staff and clients regarding the requirements imposed on such facilities; and (2) provide, through the State agency responsible for the certification of habilitation facilities, for the receipt, review, and investigation of allegations of client neglect and abuse and of misappropriation of client property by facility staff. Bases habilitation facility certification on an annual, unannounced survey. Directs the Secretary to: (1) develop and test a protocol for conducting surveys; (2) establish minimum qualifications for surveyors and train them in survey and certification techniques; and (3) conduct sample surveys of habilitation facilities, within two months of State surveys, to test the adequacy of State surveys, and reduce Federal payments for State Medicaid administrative costs if such State surveys prove inadequate. Authorizes the Secretary to conduct a special survey of a facility when there is reason to question its compliance with this Act. Requires States and the Secretary to investigate complaints against a facility and monitor the compliance of a facility with this Act's requirements if the facility was previously found out of compliance or the State or Secretary has reason to question its compliance. Requires that: (1) certain information regarding habilitation facilities and their compliance with this Act's requirements be made available to the public; (2) the State agency responsible for the protection and advocacy system for the developmentally disabled and the guardians of facility clients be notified of a facility's noncompliance with this Act's requirements; and (3) survey results be posted in a place that is readily assessible to clients. Gives State Medicaid fraud and abuse control units access to facility survey and certification information. Requires that when the Secretary or a State determines that a habilitation facility's deficiencies immediately jeopardize residents' health and safety, immediate action be taken to remove the jeopardy and correct the deficiencies or such facility's participation in Medicaid be terminated. Directs the Secretary and States to apply certain other remedies where the health and safety of facility residents are not immediately jeopardized. Authorizes the imposition of civil money penalties against facilities found to be in compliance with this Act's requirements but to have been out of compliance previously. Provides that if a facility is out of compliance with any of this Act's requirements three months after having been found out of compliance with such requirements or on three consecutive annual surveys, Medicaid payments for newly admitted residents shall be denied, civil monetary penalties assessed and collected, and, in the latter case, on-site monitoring of the facility's compliance shall be established. Provides that when a facility is found to have deficiencies relating to the facility's physical plant that do not immediately jeopardize the health or safety of its clients, the State may submit to the Secretary a written plan for permanently reducing the number of certified beds in such facility within 36 months of such finding and providing services, including community habilitation and supportive services, to clients who thereby cease to receive facility services. Requires that Medicaid-eligible clients be given the option of retaining facility services. Requires the Secretary to report to the Congress annually on the extent to which habilitation facilities are complying with this Act's requirements and the number and type of enforcement actions taken by States and the Secretary. Title III: Appropriate Placement for Individuals with Mental Retardation or Related Condition - Requires that State mental retardation or developmental disability authorities conduct preadmission and annual reviews of habilitation facility applicants and residents with mental retardation or related conditions to determine whether they require facility services or community habilitation and supportive services. Directs that such preadmission and annual reviews be conducted in accordance with criteria to be developed by the Secretary by July 1, 1990. Requires States to provide community habilitation and supportive services for facility clients who need such services but no longer need habilitation facility services. Requires States to establish an appeals procedure for individuals adversely affected by such preadmission and annual reviews. Eliminates existing utilization review and penalty provisions directed at the provision of services in an intermediate care facility for the mentally retarded. Title IV: Payment for Community Habilitation Services and Habilitation Facility Services - Covers the reasonable and adequate costs of community habilitation and supportive services and habilitation facility services. Prohibits Medicaid reimbursement of providers or facilities for civil monetary penalties imposed pursuant to this Act. Title V: Employee Protections and Miscellaneous - Provides employment protections for employees affected by habilitation facility closures or capacity reductions occurring after this Act's enactment. Authorizes States to assign specific management functions relating to the provision of Medicaid services to individuals with mental retardation or related conditions to State agencies responsible for developmentally disabled individuals.
United States · United States Congress · 2 February 1989
Fairness in Bargaining Act of 1989 - Amends the Petroleum Marketing Practices Act to provide that, with respect to the sale, consignment, or distribution of motor fuel, the term "franchise" includes any contract between specified parties which is economically necessary to the operation of the franchise. Provides that the termination or non-renewal of a franchise relationship, upon expiration of an underlying lease for marketing premises, is reasonable if specified conditions exist.
United States · United States Congress · 2 February 1989
Establishes the Medicare Geographical Classification Review Board to decide on a rural hospital's application for classification as an urban hospital for Medicare payment purposes. Amends the Omnibus Budget Reconciliation Act of 1987 to alter the Rural Health Care Transition Grant Program to extend and increase authorized appropriations for such program through FY 1992, and permit the Secretary to waive the hospital grant limit. Expands, from four to ten hospitals, a Medicare demonstration program covering additional costs incurred by teaching hospitals in sending their residents to rural hospitals for training. Requires the Secretary to establish five-year Medicare demonstration programs covering costs incurred by five hospitals in providing clinical training to undergraduate nurses. Extends the regional referral center classification of hospitals so classified as of September 30, 1989, and the payment rates applicable to such hospitals under the Medicare program, through FY 1994.
United States · United States Congress · 2 February 1989
Social Security Administrative Reform Act of 1989 - Title I: Establishment of the Social Security Administration - Amends title VII (Administration) of the Social Security Act to establish as an independent executive agency a Social Security Administration, headed by a Social Security Board. Provides that it shall be the duty of the Administration to administer the programs established by titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVI (Supplemental Security Income) (SSI) of the Social Security Act. Requires the Board to study and make recommendations as to the most effective methods of providing economic security through social insurance and supplemental security income, and as to legislation and matters of administrative policy. Establishes in the Administration: (1) an Executive Director; (2) a Deputy Director of Social Security; (3) a General Counsel; (4) an Inspector General; and (5) an Office of the Beneficiary Ombudsman, to be headed by a Beneficiary Ombudsman who shall represent the interests of beneficiaries under the OASDI and SSI programs within the Administration. Requires the annual report of the Board to include a description of the activities of the Beneficiary Ombudsman. Requires the Board to make annual budgetary recommendations relating to the Administration. Requires that appropriations requests by the Administration for staffing and personnel be based upon a comprehensive workforce plan as established by the Board. Provides for the apportionment of administrative costs. Requires the annual report of the Board to include a section reflecting the use of budget authority provided to the Administration. Requires that authority for automated data processing procurement and facilities construction be provided in the form of contract authority covering the total cost of such acquisitions. Makes amounts needed for the liquidation of contract authority so provided available from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund to the extent that such amounts are not needed to meet current obligations for benefit payments. Requires the Board to cause a seal of office to be made and judicial notice taken thereof. Requires the establishment of demonstration projects involving the delegation of authority from the Office of Personnel Management and the General Services Administration to the Board. Provides for the transfer to the Administration of all functions carried out by the Secretary of Health and Human Services with respect to the programs and activities to be carried out by the Administration under this Act. Abolishes the position of Commissioner of Social Security in the Department of Health and Human Services. Title II: Conforming Amendments and Rules of Construction - Requires the Secretary and the Board to report to the Congress within 120 days after the beginning of each regular session on their administration under this Act. Requires the Secretary to study and make recommendations on the most effective methods of providing economic security and on the administrative policy for the programs. Directs the Board to appoint, quadrennially, an Advisory Council on the Old-Age, Survivors, and Disability Insurance Program and an Advisory Council on Health and Supplementary Medical Insurance to review the relation of the trust funds supporting the OASDI and Medicare programs and the long-term commitments of those programs. Requires each council to submit a report to the Board for transmittal to the Congress and the Board of Trustees of each Trust Fund.
United States · United States Congress · 2 February 1989
Price Competitive Products Act of 1989 - Amends the Tariff Act of 1930 to permit the importation or sale of foreign-made articles bearing a trademark or trade name identical with one owned and registered by a U.S. citizen when: (1) both the foreign and the U.S. trademark are owned by the same person; (2) the foreign and domestic trademark owners are parent and subsidiary companies; or (3) the foreign articles bear a recorded trademark applied under authorization of the U.S. owner. Permits the importation or sale of an article otherwise legally imported even though such article may have a copyright in its trademark or in the label, package, design, instructions for use, or other accompanying material.
United States · United States Congress · 2 February 1989
Amends the Agricultural Act of 1949 to permit wheat, feed grain, rice, and cotton producers to use certain diverted acreage for irrigation water storage.
United States · United States Congress · 31 January 1989
National Observance Advisory Act - Establishes the President's Advisory Commission on National Observances to: (1) establish criteria for recommending to the President that a proposed national observance be approved or disapproved; (2) review proposals for national observances submitted in accordance with procedures published by the Commission; and (3) issue recommendations to the President concerning each proposal reviewed.
United States · United States Congress · 31 January 1989
Amends the Internal Revenue Code to allow an income tax deduction for interest on any indebtedness incurred to pay the educational expenses of the taxpayer, spouse, or dependent. (Under current law, such a loan must be secured by an interest in real property.)
United States · United States Congress · 31 January 1989
Constitutional Amendment - Defines "person" to include the unborn for the purpose of the right to life guarantee. Exempts from applicability of this amendment laws permitting medical procedures required to prevent the death of the mother.
United States · United States Congress · 27 January 1989
National Nutrition Monitoring and Related Research Act of 1989 - Title I: Nutrition Monitoring and Related Research - Establishes a ten-year coordinated program, to be known as the National Nutrition Monitoring and Related Research Program, which will be implemented by the Secretaries of Health and Human Services (HHS) and Agriculture. Establishes an Interagency Board for Nutrition Monitoring and Related Research to facilitate program implementation. Authorizes the Secretaries to appoint an Administrator of Nutrition Monitoring and Related Research. Sets forth the program functions of the Secretaries, including: (1) establishing matching grants programs for specified nutritional and dietary purposes; and (2) submitting a biennial report to the President for transmittal to the Congress. Requires the Secretaries to implement a comprehensive national nutrition monitoring and related research plan which shall: (1) assess and report on U.S. nutritional and dietary trends; (2) sample representative subsets of identifiable low income populations and assess and report on food and household expenditures; (3) sponsor and conduct research; (4) develop and update a national dietary and nutritional status data bank; (5) assist State and local agencies in developing procedures and networks for nutrition monitoring and surveillance; and (6) focus the activities of Federal agencies. Requires the plan to allocate the project functions and activities among the various Federal agencies and offices involved. Provides that the comprehensive plan shall be carried out during the period ending with the close of the ninth fiscal year following the fiscal year in which the final comprehensive plan is submitted. Requires the Secretaries to coordinate and enter into contracts for such scientific research and development as may be necessary to support the coordinated program and comprehensive plan. Requires the President, at the time of the submission of the annual budget to the Congress, to submit a report to specified congressional committees on expenditures required for carrying out the coordinated program and implementing the comprehensive plan. Title II: National Nutrition Monitoring Advisory Council - Establishes a nine-member National Nutrition Monitoring Advisory Council to: (1) provide scientific and technical advice on the development and implementation of all components of the coordinated program and the comprehensive plan; (2) evaluate such program and plan; and (3) submit an annual report to the Secretaries. Title III: Dietary Guidance - Directs the Secretaries, by the start of 1990 and every five years thereafter, to publish and review dietary guidelines for the general public. Requires the Secretary of HHS to submit a report describing the appropriate Federal role in assuring that medical students and physicians practicing in the United States have adequate training in the field of nutrition and its relationship to health.
United States · United States Congress · 27 January 1989
Chemical and Biological Weapons Control Act of 1989 - Requires the imposition of certain sanctions against any foreign country which uses chemical or biological weapons in violation of international law or against its own citizens. Specifies such sanctions as: (1) a prohibition against the sale or export to any such country of any item on the U.S. Munitions List; (2) a prohibition against the exportation to any such country of any goods or technology listed on the control list established pursuant to the Export Administration Act of 1979; (3) U.S. opposition to any loan or financial or technical assistance to any such country by international financial institutions; (4) a prohibition against U.S. military or economic assistance to the sanctioned country; (5) a prohibition against the importation of any goods or services from any such country; (6) a prohibition against credit or credit guarantees through the Export-Import Bank of the United States; (7) a prohibition against U.S. banks making any loan or providing any credit to any such country; and (8) a denial of landing rights in the United States to any airline owned by the government of any such country. Authorizes the President to waive any of such sanctions for a period not to exceed nine months upon a determination that such a waiver would be in the national interest. Requires the President to notify the Congress of the imposition of such sanctions not later than five days after such sanctions become effective. Provides for the removal of such sanctions after specified conditions are met. Provides for the sanctity of contracts entered into prior to the date on which Congress is notified of the imposition of sanctions. Requires the President to report to the Congress every 180 days on: (1) efforts by Iran, Iraq, Libya, Syria, and other developing nations to acquire materials and technology to produce and deliver chemical and biological weapons; and (2) an assessment of such countries' present and future capability to produce and deliver such weapons. Urges the President to cooperate in multilateral efforts to control chemical and biological weapons and to give full support to United Nations involvement in such efforts.
United States · United States Congress · 27 January 1989
Citizenship and National Service Act of 1989 - Title I: Establishment of the Citizens Corps - Establishes the Citizens Corps, which shall provide the following national service options: (1) Civilian Service; (2) Service in the armed forces; and (3) Senior Service. Allows individuals to serve in the Civilian Service who: (1) are age 17 or over; (2) have received a high school diploma or its equivalent; and (3) are U.S. citizens or permanent residents. Allows individuals to be eligible to enlist for service in the armed forces as Citizen Corps members (subject to existing personnel requirements of the armed forces) who: (1) have received a high school diploma or its equivalent; (2) satisfy applicable enlistment requirements; and (3) satisfy other eligibility criteria established by the Secretary of Defense. Allows individuals to serve in the Senior Service who: (1) are age 65 or over; and (2) meet eligibility criteria established by the Corporation for National Service. Makes such Civilian Service one year of full-time national service, with the option of requesting an additional year. Makes such Armed Forces Service either: (1) two years of active duty in the armed forces, two years in the Selected Reserve of a reserve component, and four years in the Individual Ready Reserve; or (2) eight years in the Selected Reserve of a reserve component. Makes the Senior Service for such time period as the Corporation for National Service allows and either full- or part-time. Provides that Civilian Service or Senior Service members may perform national service to meet the unmet needs of a State, local government, or other community. Allows such service to include the following types: (1) educational service (such as literacy and numeracy programs, Head Start, tutoring, and service in schools, libraries, and adult education centers); (2) human service (such as service in hospitals, hospices, clinics, community health centers, homes for the elderly, and child-care centers, and in programs assisting the elderly, poor, and homeless, including improving their housing); (3) conservation service (such as conservation of urban and rural natural resources, community betterment); (4) public safety service in support of the criminal justice system (including police, courts, prisons, and border patrol); and (5) service in existing national programs (such as the Peace Corps and VISTA). Directs the Secretary of Defense to designate appropriate national service positions for Citizens Corps members serving in the armed forces. Sets forth application requirements for Civilian Service and Senior Service. Directs the Secretary of Defense to establish a system to enlist individuals for service in the armed forces as Citizens Corps members. Title II: Administration of the Citizens Corps - Subtitle A: Administration of the Civilian Service and Senior Service - Makes the Corporation for National Service (CNS) responsible for administering the Civilian Service and Senior Service of the Citizens Corps. Establishes the Corporation for National Service as a nonprofit corporation which shall not be considered an agency or establishment of the U.S. Government. Makes the CNS subject to this Act and, if consistent with this Act, the District of Columbia Nonprofit Corporation Act. Directs CNS to establish: (1) types and amounts of allowances and support for Civilian and Senior Service members; (2) appropriate types of national service activities for such members; (3) procedures to monitor provision of financial assistance under title III of this Act to assure that Citizens Corps members and graduates faithfully perform and complete their service; (4) procedures to examine the effect of such national service on the availability and terms of employment in an area; and (5) rates of pay, eligibility criteria, and terms of service for Senior Service members. Directs CNS to make general grants, pursuant to a specified allocation formula, to assist States in: (1) paying civilian and senior service member stipends and wages; (2) providing and administering national service opportunities for such members; and (3) making grants to national service councils in each State. Authorizes CNS to make supplemental grants during a fiscal year to: (1) States which have an unusual increase in Civilian and Senior Service members (excluding those serving with Federal agencies) in such fiscal year; and (2) Federal agencies to assist them in placing Civilian and Senior Service members for such fiscal year. Directs CNS also to: (1) serve as a clearinghouse for national service opportunities information; (2) assist States in placing applicants in out-of-State positions, if they are unable to place them in within-State positions; (3) assist Federal agencies in acquiring national service participants; (4) investigate claims of abuses in placement or administration; and (5) issue rules for administering and monitoring service performance and provision of service opportunities. Subtitle B: Provision of National Service Positions for Members of the Civilian Service and Senior Service - Directs each State Governor to: (1) prepare a national service plan for the State, specifying priorities; and (2) designate volunteer service areas in the State. Requires each volunteer service area to have a national service council. Requires such councils to: (1) recruit and place volunteers; (2) prepare and implement a plan for such purposes; (3) provide oversight; and (4) perform other duties. Conditions provision of funds to a national service council upon its being certified and its volunteer recruitment and placement plan's being approved. Requires councils to consider agency effectiveness and community-basing in selecting service sponsors, i.e. the public agencies or public or nonprofit organizations with which the Civilian or Senior Service members are placed. Requires the Council to take measures to prevent worker displacement. Requires each State to establish grievance procedures for resolving complaints of regular employees or their representatives that placement of Service members violates such prohibitions of worker displacement. Provides for appeal of State decisions under such procedures to CNS. Authorizes CNS to require private nonprofit corporations to pay to CNS up to $1,000 per Service member placed in a position with such organization. Provides for reduction of such payment to reflect part-time or less than full-year service. Subtitle C: Administration of the Citizens Corps with regard to Service in the armed forces - Makes the Secretary of Defense responsible for administering the Citizens Corps with regard to service by Citizens Corps members in the armed forces, and to issue rules for such purpose within 60 days. Title III: Benefits for Participating in the Citizens Corps - Requires States and Federal agencies to provide $100 per week stipends to Civilian Service members. Requires CNS to provide such members with health insurance. Authorizes CNS to provide other appropriate support assistance. Requires States and Federal agencies to pay an hourly wage determined by CNS to Senior Service members. Authorizes CNS to provide other appropriate support assistance. Requires that Citizens Corps members serving in the armed forces receive 66 percent of the rate applicable to other armed forces members of the same pay grade and years of service, for their basic pay and basic allowances for subsistence and quarters. Makes such Citizens Corps members and graduates ineligible for specified benefits for other members and veterans of the armed forces. Establishes certain educational and housing benefits for those who complete Citizens Corps service in the Civil Service or in the armed forces. Provides that such financial benefits shall be to assist such individuals to: (1) pursue a program of education or training at an educational institution or training establishment; or (2) purchase or construct a dwelling to be owned and occupied by such individuals as their primary residence. Excludes such assistance from gross income for income tax purposes. Sets the amount of such education and housing benefits for Civilian Service at not to exceed $10,000 for each year of the term of service completed. Allows CNS to provide portions of such assistance to individuals who are released from such service for just cause. Sets the amount of such education and housing benefits for Citizens Corps service in the armed forces at: (1) not to exceed $24,000 for completion of two years honorable service on active duty, if the member agrees to complete the honorable service obligation selected; and (2) not to exceed $12,000 for each year of satisfactory participation in training in the Selective Reserve, if the member agrees to complete the honorable service obligation selected. Allows the Secretary of Veterans Affairs to provide portions of such assistance to Citizens Corps members released with an honorable discharge from completing a service obligation in the armed forces. Limits the use of such assistance to the ten-year period after completion of service, unless it is determined that an individual was unavoidably prevented from using such assistance during such time period. Title IV: Miscellaneous Provisions - Entitles individuals who successfully complete terms of service in the Peace Corps or VISTA to educational and housing benefits. Provides that entitlement to benefits shall be in the same manner as for a member of the Civilian Service, even though such individuals are not members of such Service, but reduces such benefits to reflect the amount of compensation received by such volunteers over and above the amount of the stipend for Civil Service members. Conditions individual eligibility for Federal higher educational assistance under student loan or loan guarantee programs on current membership or successful completion of a term of service in the Citizen Corps. Makes such condition effective on October 1, 1995 (five years after the effective date of this Act). Sets forth the following exceptions to such condition, if such individuals are otherwise eligible for such assistance: (1) individuals enrolled in an educational institution before the end of such five-year period; (2) individuals age 26 or over; (3) individuals who served honorably in the armed forces; (4) individuals determined by CNS to be ineligible for national service because of physical or mental handicap, compelling personal circumstances, or unavailability of a national service position after a reasonable period; (5) individuals receiving assistance provided by the Department of Defense to members of the armed forces (or the Department of Transportation with respect to the Coast Guard) if further military service is a condition of the assistance; (6) individuals receiving assistance provided by the Directors of the Peace Corps or the ACTION Agency, the head of a Federal agency, or a State, if the condition of such assistance is Peace Corps or ACTION service or national or community service which CNS determines is comparable to Citizens Corps service; and (7) individuals who served in Peace Corps, ACTION, or such Federal or State programs of comparable national or community service. Sets forth similar conditions for parental loan program eligibility. Directs CNS to identify by rule compelling personal circumstances, such as age, family status or size, and income, that may render an individual: (1) ineligible for national service under this Act; but (2) eligible, as an exception, for Federal student loans. Provides for a phase-out of the following Federal higher education student grant programs: (1) Pell Grants; (2) Student Educational Opportunity Grants; and (3) State Student Incentive Grants. Authorizes appropriations for FY 1991 through 1993.
United States · United States Congress · 27 January 1989
Community and Jobs Protection Act of 1989 - Requires each corporation involved in a proposed merger to file a community impact statement if: (1) a premerger notification is required under the Clayton Act; and (2) the merger will result in a loss of jobs in any jurisdiction for more than 100 employees of an establishment of one of the corporations involved. Requires the statement to be submitted to the Federal Trade Commission (FTC), the Department of Justice, the employees of each corporation involved and representatives of their labor unions, and the local governments of the areas where establishments of such corporations are located on the same day that the premerger notification is filed under the Clayton Act. Directs the FTC, if it receives a request within a specified period from such a local government or from ten percent of the employees of one of the corporations, to hold public hearings on and investigate the statement to determine: (1) the economic reasons for any proposed reduction in employment; (2) the estimated economic losses to employees, the local government, and persons in the geographic area of the establishment; and (3) recommendations of any local government, any employee labor union, or any other person respecting the proposed merger. Directs the FTC to publish a report containing the findings of the investigation and recommendations as to whether legal action should be taken to halt the merger. Amends the Internal Revenue Code to disallow a tax deduction for interest on obligations issued to finance a corporate merger that the FTC finds will adversely affect employment in any jurisdiction.
United States · United States Congress · 27 January 1989
Extends the regional referral center classification of hospitals so classified as of September 30, 1989, and the payment rates applicable to such hospitals under title XVIII (Medicare) of the Social Security Act through FY 1994.
United States · United States Congress · 27 January 1989
Amends Internal Revenue Code provisions relating to the income tax deduction for the health insurance costs of self-employed individuals to: (1) increase from 25 percent to 100 percent the allowable deduction; and (2) make the deduction permanent (under current law it will expire after tax year 1989).
![Official portrait of Rep. Penny, Timothy J. [D-MN-1]](https://www.congress.gov/img/member/p000215_200.jpg)