United States · United States Congress · 9 May 1989
Americans with Disabilities Act of 1989 - Title I: General Prohibition Against Discrimination - Declares that it shall be discriminatory, on the basis of disability, to deny opportunities or to afford them unequally, to provide opportunities less effectively (or differently or separately, unless necessary for effectiveness), to assist an organization or individual that discriminates, or to otherwise limit opportunities enjoyed by others. Prohibits the use of standards, criteria, or administrative methods that have the purpose or effect of discrimination or perpetuate discrimination. Declares it discriminatory to deny equal opportunities because of the relationship or association of an individual with another individual with a disability. Allows as a defense to a charge of discrimination that an application of standards or criteria has been demonstrated to be both necessary and substantially related to the ability of an individual to take advantage of the essential components of the opportunity, and that the taking advantage cannot be accomplished by reasonable accommodations, modifications, or the provision of auxiliary aids or services. Title II: Employment - Prohibits discrimination by any employer, employment agency, labor organization, or joint labor-management committee against any qualified individual with a disability in job application procedures, hiring or discharge, compensation, advancement, training, and other terms, conditions, and privileges of employment. Lists types of actions construed to be discrimination. Makes the remedies set forth in specified provisions of the Civil Rights Act of 1964 and other specified Federal law available to any individual who believes that he or she is being or is about to be subjected to discrimination in violation of this Act. Title III: Public Services - Declares that no qualified individual with a disability shall be excluded from the participation in, denied the benefits of, or subjected to discrimination by a State, or by an agency, political subdivision, or other instrumentality of a State. Lists types of actions deemed, for purposes of this Act and specified provisions of the Rehabilitation Act of 1973, to be discrimination with regard to public transportation. Makes the remedies and rights set forth in specified provisions of the Rehabilitation Act of 1973 available to any individual who believes that he or she is being or is about to be subjected to discrimination in violation of this Act. Title IV: Public Accommodations and Services Operated by Private Entities - Prohibits discrimination on the basis of disability in the enjoyment of any place of public accommodation. Lists types of actions construed to be discrimination. Prohibits discrimination on the basis of disability in public transportation services provided by a private entity that is primarily engaged in transporting people, but that is not in the principal business of air transportation. Lists types of actions construed to be discrimination. Makes specified provisions of the Fair Housing Act relating to enforcement available, subject to exception, to any aggrieved individual. Title V: Telecommunications Relay Services - Defines "telecommunications relay services" to mean services that enable simultaneous communication between individuals who use telecommunications devices for the deaf (TDDs) or other nonvoice terminal devices and individuals who do not use such devices. Declares it discriminatory for any common carrier that offers telephone services to the public to fail to provide interstate or intrastate telecommunication relay services that are equal to those provided to their customers who are able to use voice services, except in any State in which services are provided through an entity designated by the State. Declares it discrimination by a State that makes such a designation if the State fails to provide interstate or intrastate relay services that are equal to those provided to their voice customers. Makes specified provisions of the Fair Housing Act relating to enforcement available, subject to exception, to any aggrieved individual. Requires the Federal Communications Commission to enforce this title. Makes specified provisions of the Communications Act of 1934 apply with respect to the enforcement of this title. Provides for cease and desist orders by the Commission and for monetary penalties. Title VI: Miscellaneous Provisions - Prohibits retaliatory discrimination against any individual because of actions related to this Act. Declares that a State shall not be immune under the 11th Amendment to the Constitution from an action in Federal court for a violation of this Act. Requires the Architectural and Transportation Barriers Compliance Board to issue minimum guidelines to supplement the existing Minimum Guidelines and Requirements for Accessible Design. Allows the awarding of reasonable attorney's fees, in certain circumstances, in any action or proceeding under this Act.
United States · United States Congress · 9 May 1989
Alternative Fuels Incentive Act of 1989 - Amends the Internal Revenue Code to permit an income tax credit for investments in qualified clean-burning (natural gas, liquefied petroleum gas, or alcohol) motor vehicle fuel property. Permits a 20 percent credit from 1990 through 1999, phasing out the credit in five percent increments annually thereafter to reach zero percent at the end of 2002. Applies the credit to depreciable property that is: (1) equipment designed either to modify a motor vehicle so that it will be propelled only be a clean-burning fuel or to assist in delivering such fuel into such vehicles; or (2) a motor vehicle propelled by clean-burning fuel. Authorizes the Secretary of the Treasury to make credit-equivalent payments to States and to local governments in connection with qualified property.
United States · United States Congress · 3 May 1989
Expresses the sense of the House that: (1) Japan has not lived up to the terms of the 1986 agreement regarding the Japanese semiconductor market; (2) the administration should convey this message to Japan; (3) the President, the U.S. Trade Representative (USTR), the Secretary of State, and the Secretary of Commerce should seek full access to the Japanese market for semiconductors; and (4) the President and the USTR should take measures to achieve compliance with such agreement.
United States · United States Congress · 18 April 1989
Amends accounting provisions of the Internal Revenue Code to permit licensed used automobile dealers to use the installment method in connection with retail sales of any automobile that is more than three years old at the time of the sale if: (1) the sales price is $6,000 or less; and (2) the installment obligation arises solely from the sale in question and has a term of 36 months or less.
United States · United States Congress · 13 April 1989
Provides that certain digital processing units for automated data processing machines that are imported into the United States after January 16, 1986, and before January 1, 1988, and are unliquidated as of December 31, 1987, shall be liquidated as duty free upon proper request filed with the appropriate customs officer.
United States · United States Congress · 13 April 1989
Amends the Harmonized Tariff Schedule of the United States to treat as duty-free any tobacco grown in the United States and processed in a Caribbean Basin country.
United States · United States Congress · 13 April 1989
Amends the Internal Revenue Code to establish a new test for determining whether an employee health plan meets the new (section 89) nondiscrimination requirements for coverage and benefits. Considers a plan as meeting the requirements if: (1) it does not contain eligibility provisions that discriminate in favor of highly compensated employees; (2) the taxable benefit of any highly compensated employee is limited to 133 percent of the premium made available to 90 percent of the employees who are not in this category; and (3) the employer maintains at least one qualified plan that consists primarily of core health benefits and does not require employee weekly contributions of more than $10 per week ($25 for family coverage) (indexed for inflation), and at least 90 percent of all employees who are not highly paid employees are eligible to participate in such a plan. Revises the definition of "highly compensated employee." Increases from 17 1/2 hours to 25 hours per week the threshold number of work hours triggering requirements with respect to part-time employees. Adjusts benefits and requirements in connection with employees who work less than 30 hours per week. Applies the requirements separately in connection with employees covered by a collective bargaining agreement. Permits an employer to disregard leased employees in connection with requirements if specified conditions are met. Imposes a 34 percent tax on employers in connection with amounts paid or incurred during any taxable year under a specified employee benefit plan that does not meet enumerated general criteria, including that it be in writing, be maintained exclusively for the benefit of employees, and provide for employee notice about benefits. Repeals nondiscrimination provisions as applied to group-term life insurance. Amends the Technical and Miscellaneous Revenue Act of 1988 to delay application of the requirements with respect to retired employees. Requires employers to report to highly compensated employees amounts of taxable fringe benefits. Imposes a penalty for failure to report.
United States · United States Congress · 5 April 1989
Authorizes the President to present a gold medal, on behalf of the Congress, to each of the following individuals in recognition of their contributions to this Nation's cultural heritage: (1) Frank Capra; (2) James Stewart; and (3) Fred Zinnemann. Requires the Secretary of the Treasury to design a different gold medal for each such individual. Authorizes appropriations. Authorizes the Secretary to strike and sell bronze duplicates of such medals at a price sufficient to cover the costs of such duplicates and the gold medals. Requires the appropriations to be reimbursed out of the sales proceeds. Designates all such medals as National Medals.
United States · United States Congress · 5 April 1989
United States-Mexico Border Regional Development Act of 1989 - Provides Federal assistance for economic and human resource development to the State and local governments in the U.S.-Mexico border region of Arizona, California, New Mexico, and Texas. Defines such region as the area of the United States within 150 miles of the Mexican border, excluding any standard metropolitan statistical area with a population exceeding 1,000,000. Title I: The United States-Mexico Border Regional Commission - Establishes the United States-Mexico Border Regional Commission (the Commission). Sets forth provisions for Commission membership, voting, and duties. Directs the Commission to: (1) review and approve applications for assistance for development projects in the region; (2) develop comprehensive and coordinated regional development plans and programs and priorities for their implementation; (3) provide for research and assessments of regional development needs and resources; (4) provide for technical assistance, training programs, and development projects to foster regional (and special need area) productivity and growth; (5) provide for construction of necessary facilities; (6) review, study, and recommend appropriate modifications of public and private development plans for the region; (7) provide assistance for the State development planning process in the region and the coordination of such planning with other Federal and State laws; (8) formulate and recommend appropriate interstate compacts and cooperation; (9) work with State and local agencies in developing appropriate model legislation concerning the region; (10) encourage formation of and assist local development districts; (11) encourage private investment in industrial, commercial, and recreational projects in the region; (12) coordinate development projects in the region; and (13) provide a forum for consideration of regional problems and proposed solutions, establishing and using, as part of such forum, citizens and special advisory councils and public conferences. Authorizes the Commission, in carrying out such duties, to designate areas in the region as being in special need of development assistance, specifying the characteristics of each such area that led to such designation. Limits the amount of the Commission's administrative expense payment to a local development district to 75 percent of the district's administrative expenses for a fiscal year. Limits such payment period to three years in the case of a nonprofit agency or instrumentality of a State which is certified as a local development district, or any local development district succeeding such district. Sets forth provisions for public participation and Commission recordkeeping. Authorizes the Commission to make recommendations to the President, the Congress, State Governors, and local governments in the region regarding: (1) expenditure of public funds in fields related to the purposes of this Act, such as natural resources, agriculture, education, training, health and welfare, and housing; and (2) enactment of additional legislation, and issuance of rules, necessary to further the purpose of this Act. Directs the President to provide for liaison between the Commission and other Federal entities. Authorizes the Commission to provide for liaison between the Commission and the Government of the Republic of Mexico. Sets forth provisions for the administrative expenses of the Commission. Requires member States to contribute payments for part of such expenses. Provides for Federal payment of certain salaries. Authorizes appropriations. Authorizes the President to make grants to the Commission to: (1) undertake or support research and assessment, technical assistance, training, demonstration projects, and construction of necessary facilities; (2) provide funds to member States for up to two years to strengthen the State development planning process for the region and the coordination of such planning with requirements imposed by other Federal and State laws; and (3) pay administrative expenses of local development districts, including expenses for development of economic development plans and programs for the area served and for technical assistance for persons implementing such plans and programs. Sets forth annual reporting requirements for each recipient of Federal assistance under this Act and for the Commission. Title II: Development Programs for the Region - Directs the Secretary of Health and Human Services (HHS) to make grants for planning, constructing, equipping, and operating demonstration health projects approved by the Commission, including projects for hospitals, regional diagnostic and treatment centers, community health centers, and other health facilities, and for provision of services, including nutrition and child care services, not readily available in the region. Prohibits taking such grants into account in computing any allotment or payment to a State under any other law. Sets forth provisions relating to the amounts, uses, and eligibility for construction and equipment grants, operating grants, and planning grants. Directs the Secretary of the Army to prepare a comprehensive plan for the development and efficient utilization of the water resources of the region for a variety of uses from hydroelectric power to recreation. Authorizes the Secretary to recommend to the Commission demonstration water projects to increase the supply of potable water for people in the region. Directs the Secretary to submit the plan for Commission review. Directs the Commission to submit the plan, with its recommendations, to the President, who shall transmit it with appropriate recommendations, to specified congressional officers. Authorizes the Secretary to enter into contracts necessary to prepare the plan. Authorizes appropriations. Sets forth provisions for assistance for community development and housing in the "colonias" for FY 1990 through 1992. Defines "colonia" as any identifiable community: (1) in a member State; (2) in the U.S.-Mexico border region; (3) designated as a colonia by the State or county; (4) determined to be a colonia on the basis of objective criteria, including the lack of potable water supply, adequate sewage systems, and decent, safe, sanitary housing; and (5) in existence and generally recognized as a colonia before enactment of this Act. Sets forth provisions for community development block grant assistance for colonias. Directs each member State to set aside specified funds for activities designed to meet the needs of residents of colonias in the State relating to water, sewage, and housing. Provides that such funds shall be reserved from each member State's Small Cities Community Development Block Grant allocation under the Housing and Community Development Act of 1974, as follows: (1) ten percent of such allocation for FY 1990; and (2) an appropriate percentage, up to ten percent, for each of FY 1991 and 1992, as determined by the Secretary of Housing and Urban Development after consultation with representatives of the interests of eligible residents of the colonias. Allows such assistance to be used for: (1) various specified planning activities related to community development and housing; and (2) the payment of assessments for public improvements levied against properties owned and occupied by persons of low and moderate income. Requires a distribution plan for such assistance to: (1) give priority to colonias with the greatest need; and (2) be developed by the Commission (or by the State, prior to the Commission's plan) in consultation with colonia residents and representatives of their interests. Sets forth provisions for rural housing assistance for colonias. Directs the Secretary of Agriculture to give priority for assistance to colonias when in considering applications for Rural Housing Assistance under title V of the Housing Act of 1949 for any of FY 1990, 1991, or 1992. Makes the definition of rural areas under such Act inapplicable in the case of colonia assistance. Makes specified provisions of this Act relating to applications for assistance and labor standards inapplicable to community development or rural housing assistance to colonias. Directs the Secretary of Education to make grants for demonstration vocational education projects, approved by the Commission, to construct, equip, and operate new and other school facilities needed to provide vocational education in areas of the region where such facilities are not adequate. Directs the Secretary to make grants to public entities for planning, constructing, equipping, and operating approved demonstration education projects to improve education services and programs in the region. Directs the Commission to give priority to any such projects that include; (1) vocational and technical education; (2) career education; (3) adult education; (4) guidance and counseling; and (5) bilingual education. Sets forth limits for construction and equipment grants, operation grants, and planning grants. Prohibits taking such grants into account in computing allotments or payments to a State under any other law. Directs the Administrator of the Environmental Protection Agency to make grants to assist projects approved by the Commission to construct sewage treatment works in the region. Prohibits taking such grants into account in computing allotments or payments to a State under any other law. Provides for supplements to certain Federal grants, to enable persons in the region, including local development districts, to receive Federal matching share grants for which they are ineligible solely because they cannot supply the required matching funds or for which insufficient funds are available. Authorizes the President to provide funds to the Commission chairperson to assist: (1) persons in the region to supply required matching funds (which will not be considered Federal funds); and (2) Federal officials to make matching share grants under Federal laws for which insufficient funds are available, for projects in the region. Requires States to maintain their current expenditures for the benefit of areas in the region, with specified exceptions. Declares that this Act does not require a State to participate in or carry out any project under this Act without its consent. Provides for the State developing planning process, including submission of State plans by certain Commission members and requirements for plan preparation and components. Sets forth requirements for entities which State Governors or their designees may certify to the Commission as local development districts. Provides for review and approval by the Commission of applications for assistance under this Act. Bars use of funds under this Act to: (1) assist a person to relocate a business establishment from one State to another; (2) finance the cost of creating industrial facilities, commercial facilities, equipment, or working capital; (3) enable subcontractors to undertake work previously performed in another State by other subcontractors or contractors; or (4) finance the cost of facilities for the generation, transmission, or distribution of electric energy. Prohibits funds under this Act from being expended to assist any scientific or technological research or development project unless such expenditure is conditioned upon provisions to ensure that all information, copyrights, uses, processes, patents, and other developments resulting from such project will be made freely available to the general public. Directs the Attorney General to enforce such requirement in the appropriate U.S. district court. Title III: Authorization of Appropriations and Miscellaneous Provisions - Authorizes appropriations to carry out this Act not otherwise authorized. Sets aside 50 percent of such funds to carry out provisions for research and development projects, assistance to States, and administrative expenses of local development projects, and for supplements to certain Federal grants. Sets forth applicable labor standards. Requires that all laborers and mechanics employed by contractors or subcontractors in any construction, alteration, or repair (including painting and decorating) for which funds are provided under this Act shall be paid wages at the prevailing rate for similar work in the locality, as determined by the Secretary of Labor in accordance with the Davis-Bacon Act.
United States · United States Congress · 23 March 1989
Amends the War Claims Act of 1948 to authorize the Foreign Claims Settlement Commission of the United States to provide for the payment of claims filed by covered World War II underground fighters. Defines a "covered World War II underground fighter" as any individual who: (1) as a member of the U.S. armed forces between December 7, 1941, and August 16, 1945, served as a guerrilla fighter resisting forces hostile to the United States or concealed himself from a hostile force for more than ten days while in danger of capture or after escaping as a prisoner of war; (2) is, or was at death, a U.S. citizen, national, or permanent resident alien; and (3) was never separated from the U.S. armed forces, except under honorable conditions. Provides that the compensation allowed to any covered World War II underground fighter shall be five dollars for each day he served as a guerrilla fighter or concealed himself from hostile forces. Provides that any claim allowed by the Commission shall be certified to the Secretary of the Treasury and paid by such Secretary. Declares that any claim must be filed with the Commission within one year after enactment of this Act. Requires the Commission to complete its determination for any such claim no later than one year after such claim is filed. Authorizes appropriations.
United States · United States Congress · 23 March 1989
Rural Hospital Recovery Act of 1989 - Directs the Secretary of Health and Human Services to draft and submit to the Congress and the Prospective Payment Assessment Commission, within one year of this Act's enactment, legislation eliminating the differences in average standardized Medicare payments (under title XVIII of the Social Security Act) to large urban, other urban, and rural hospitals while recognizing certain cost differences among hospitals and within diagnosis related groups. Amends the Medicare program to require the Secretary to pay additional amounts to Medicare-dependent, small, rural hospitals before October 1, 1994, and to critical access facilities thereafter to ensure that their reasonable operating costs for inpatient hospital services are covered. Establishes an application process for rural hospitals which choose to be treated as urban hospitals by reason of their proximity to urban areas. Requires the recomputation of Medicare sole community hospital payment rates using the most recent information on hospital-specific costs per case and, if greater, national rather than regional prospective payment rates. Treats hospitals which are located 30 miles or more from other like hospitals, or hospitals which provide inpatient hospital services to at least 60 percent of the residents or part A (Hospital Insurance) Medicare beneficiaries within a 30-mile radius of the hospital as sole community hospitals. Requires the Secretary to report to the Congress by October 1, 1990, on the process by which sole community hospitals may appeal the Secretary's decision not to make a volume adjustment to its Medicare payment. Establishes the Medicare Geographical Classification/Critical Access Facility Review Board which shall: (1) designate certain hospitals as critical access facilities; (2) hear appeals from rural hospitals which the Secretary determines do not qualify for treatment as being located in an adjacent urban area; and (3) conduct hearings with respect to the Secretary's refusal to consider a hospital to be a sole community hospital. Defines a "critical access facility" as a small, rural hospital which due to its location, prolonged severe weather conditions, or the availability of other hospitals to serve part A Medicare beneficiaries residing in the area must receive additional payments in order to continue to deliver critical health care services. Extends the regional referral center classification of hospitals so classified as of September 30, 1989, and the Medicare payment rates applicable to such hospitals until the implementation of unified average standardized Medicare payments for large urban, other urban, and rural hospitals. Amends the Omnibus Budget Reconciliation Act of 1987 to alter the Rural Health Care Transition Grant Program by: (1) extending from two to three years the limit on the provision of grants to small, rural hospitals for modification of their services; (2) permitting the Secretary to waive the hospital grant limit; and (3) increasing and extending the authorization of appropriations for such program through FY 1992. Requires the Secretary to submit a report to the Congress by April 1, 1990, identifying laws, rules, and regulations which prevent rural hospitals from providing innovative patient services. Directs the Secretary to conduct a five-year demonstration program in five rural hospitals treating the costs of nursing services obtained pursuant to an existing agreement with a nursing school as the costs of approved educational activities for Medicare payment purposes. Amends the Omnibus Budget Reconciliation Act of 1987 to expand, from four to ten hospitals, a Medicare demonstration program covering additional costs incurred by teaching hospitals in sending their residents to small rural hospitals for training. Extends the permissible duration of such training from three months to two years. Favors projects which provide small rural hospitals with resident physicians for longer periods of time and give physicians from the small rural hospital the opportunity to work or study at the sponsoring hospital. Makes consortiums of small rural hospitals eligible to accept the services of such a resident physician.
United States · United States Congress · 23 March 1989
Declares it to be the policy of the United States that Federal records, books, and publications of enduring value be produced on acid-free permanent papers. Makes recommendations relating to such papers to Federal agencies and to American publishers. Recommends that the Secretary of State make known such national policy to foreign governments and appropriate international agencies. Directs the Librarian of Congress, the Archivist of the United States, the Director of the National Library of Medicine, and the Administrator of the National Agricultural Library to monitor progress in implementing such policy.
United States · United States Congress · 16 March 1989
Acid Deposition Control Act of 1989 - Title I: Stationary Sources - Amends the Clean Air Act to require each Governor to submit to the Administrator of the Environmental Protection Agency for approval a two-phased plan establishing emission limitations and compliance schedules for sulfur dioxide and oxides of nitrogen emissions from fossil fuel fired electric utility steam generating units in the State. Requires reductions in sulfur dioxide emissions by 1994 (phase I) and reductions in oxides of nitrogen and further reductions in sulfur dioxide by 1998 (phase II). Directs each Governor to submit to the Administrator for approval an emissions limitations plan for such units, other than electric utilities' units, requiring both sulfur dioxide and oxides of nitrogen emissions reductions by 1998. Requires the Administrator to conduct and update an annual inventory of sulfur dioxide and oxides of nitrogen emissions from stationary sources. Directs the Administrator to identify the total statewide potential reductions in such emissions and to transmit such information to the State. Requires each Governor to submit to the Administrator a plan for establishing emission limitations from stationary sources of industrial process emissions to achieve such State's potential reductions by 1998. Requires the Administrator to study and report to the Congress by June 30, 1994, on the reductions achieved during phase I, granting the Congress an opportunity to legislate by the start of 1995 against the implementation of phase II. Grants States an opportunity to modify disapproved plans. Establishes emissions standards and Administrator-promulgated plans for States without an approved plan. Requires units in such States to submit a compliance plan and schedule to the Administrator. Directs the Administrator to impose fees on the generation and importation of electric energy if a utility is eligible for Federal subsidies to cover rate increases attributable to emission reduction requirements. Limits such fee to a maximum of 1/2 mill per kilowatt hour and makes it inapplicable to the generation of electric energy within the United States by hydroelectric or nuclear power. Prohibits the application of such fees after December 31, 1997. Prescribes civil penalties for violations in connection with such fees. Establishes the Acid Deposition Control Fund to provide for subsidies to electric utilities to cover rate increases attributable to emission reduction requirements. Prohibits the payments of subsidies to any utility, unless the State's Governor has assured that such rate increases are: (1) equivalent for residential electric utility ratepayers throughout the State; and (2) made level over the period during which such requirements are in effect. Prohibits costs for any technological system of emission reduction from being attributed to such requirements, unless such system meets specified conditions. Authorizes the Administrator to provide financial assistance to the owners or operators of stationary sources to promote the use of innovative technologies to control sulfur dioxide, nitrogen oxides, and other emissions from fossil fuels covered under the Clean Air Act. Sets forth eligibility and evaluation requirements. Allows State plans to provide for the use of innovative technology if contingent emission limitations are included in such plans. Authorizes the Administrator to impose fees on the generation of electric energy in such States to promote the use of innovative technologies. Prescribes civil penalties for violations in connection with such fees. Directs the Administrator to revise standards for emissions of nitrogen oxides for electric utility steam generating units burning bituminous or subbituminous coal. Requires the Administrator to promulgate standards for such emissions from nonelectric utility units which are new sources over a certain capacity. Title II: Emissions from Mobile Sources - Establishes emission standards for: (1) oxides of nitrogen from passenger cars and trucks manufactured after model year 1990; and (2) hydrocarbons from trucks manufactured after model year 1991. Directs the Administrator to promulgate regulations setting a maximum percentage for the sulfur content of motor vehicle diesel fuel. Prohibits any manufacturer or processor of diesel fuel from selling or introducing into commerce any fuel not in compliance with such regulations after January 1, 1991. Directs the Administrator to promulgate regulations to require the use of either hydrocarbon control technology by motor vehicles manufactured after model year 1991, or gasoline vapor recovery of hydrocarbon emissions emanating from the fueling of motor vehicles, or both.
United States · United States Congress · 15 March 1989
Research and Experimental Credit Extension and Reform Act of 1989 - Amends the Internal Revenue Code to make permanent the income tax credit for qualified research expenditures by repealing the provisions that would terminate the credit for expenses incurred or paid after 1989. Revises the method for computing: (1) base period research expenses, adding a factor reflecting the gross national product growth rate; and (2) the tax credit, adding an alternative computation component. Applies the credit to in-house research expenses that the taxpayer pays or incurs for the principal purpose of using the research results in the active conduct of a future trade or business.
United States · United States Congress · 14 March 1989
Eliminates post-1968 service in the National Guard as a prerequisite to civil service retirement credit for former National Guard technicians. Amends the National Guard Technicians Act of 1968 to eliminate post-1968 service as a prerequisite for National Guard technicians for receipt of credit in the determination of length of Federal civil service for purposes of leave, Federal employees' death and disability compensation, group life and health insurance, severance pay, tenure, and status. Sets forth rules for applying provisions of this Act to affected individuals.
United States · United States Congress · 2 March 1989
Directs the Secretary of Energy to establish three Centers for Metal Casting Competitiveness Research as part of the Department of Energy's energy conservation programs.
United States · United States Congress · 2 March 1989
Caribbean Basin Economic Recovery Expansion Act of 1989 - Amends the Caribbean Basin Economic Recovery Act (the Act) to repeal the termination date for duty-free treatment of beneficiary countries. Amends the Harmonized Tariff Schedule of the United States to grant duty-free treatment to articles (not over $600 in value) acquired in a beneficiary country. Increases from $800 to $1200 the personal exemption from customs duties of articles acquired in the U.S. insular possessions and from other countries. Amends the Act to require the United States Trade Representative (USTR), upon request of a beneficiary country, to enter into a bilateral agreement with that country establishing guaranteed access levels for textile products assembled in such country from qualifying fabrics (fabrics formed and cut in the United States and certain fabrics of foreign manufacture which are cut in the United States). Makes such products eligible for duty-free treatment. Provides that textile products that are assembled in a beneficiary country from qualifying fabric and incorporate findings and trimmings of foreign origin are eligible for guaranteed access and duty-free treatment if such findings and trimmings do not exceed 25 percent of the cost of the components of the assembled product. Directs the Secretary of Commerce to establish an advisory committee to provide to the Secretary descriptions of those fabrics that the committee recommends to be included on the list of fabrics likely to be utilized in the manufacture of textile products in beneficiary countries which: (1) are not formed in the United States; or (2) are formed in the United States but are in critical shortage. Expresses the sense of the Congress that the USTR, when negotiating bilateral textile agreements, should seek to obtain greater fairness, transparency, and stability in the administration by foreign countries of their obligations under such agreements, especially in the allocation of export certifications between U.S. and foreign firms. Sets forth provisions concerning "general duty-free quotas" and "national duty-free quotas" with respect to specified articles imported from beneficiary countries. Provides that duty-free treatment provided under the Act shall not apply to: (1) textile and apparel articles; (2) certain leather articles; (3) canned tuna; (4) petroleum and petroleum products; and (5) watches and watch parts. Requires the President to submit a specified report to the Congress every three years. Amends the Harmonized Tariff Schedule of the United States with respect to the allocation of quotas on sugars imported from beneficiary countries. Prohibits the USTR, in allocating any limitation on such imports, from: (1) reducing the percentage allocation made to the Philippines; (2) making an allocation to the Republic of South Africa; and (3) allowing the aggregate of the amounts of the base quota allocations to Caribbean Basin Initiative (CBI) countries for any quota year beginning after December 31, 1988, to be less than 371,449 metric tons, raw value. Requires any allocation for any quota of imported sugar from specified foreign countries for any year to be reallocated on a pro-rata basis among the CBI countries receiving allocations for that year if such allocation is suspended or terminated due to a threat to U.S. national security or foreign policy. Authorizes the President to enter into trade agreements with foreign governments for the purpose of granting compensation if the United States takes specified action inconsistent with its international obligations (including the General Agreement on Tariffs and Trade). Amends the Tariff Act of 1930 to require the International Trade Commission, when making determinations as to material injury with respect to antidumping and countervailing duty cases, to assess cumulatively the volume and effect of imports from a country designated as a beneficiary country under the Caribbean Basin Economic Recovery Act with respect to imports of like products from beneficiary countries. Directs the Commissioner of Customs to implement a pilot preclearance program during FY 1990 and 1991 to assess the extent to which the availability of preclearance operations can assist in the development of tourism in the Caribbean Basin. Prohibits the commencement of such operations unless the Commissioner of Customs and the Commissioner of Immigration and Naturalization make a specified joint certification. Requires the Commissioner to submit to the Congress a report regarding such program.
United States · United States Congress · 1 March 1989
Amends the Harmonized Tariff Schedule of the United States to suspend the duty on furniture seats and parts made of cane, osier, bamboo, or other similar materials, including rattan, through December 31, 1992.
United States · United States Congress · 1 March 1989
Commends Ward M. Hussey and Lawrence E. Filson for their combined service to the House of Representatives. Commends the Office of the Legislative Counsel for its assistance in the drafting of legislation considered by the House.
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 · 21 February 1989
1991 Mount Rushmore Commemorative Coin Act - Requires the Secretary of the Treasury to issue a specified number of five-dollar gold coins, one-dollar silver coins, and half-dollar clad coins in commemoration of the Mount Rushmore National Memorial. Provides that such coins shall be considered legal tender. Requires the Secretary to begin issuing such coins on January 1, 1991. Directs the Secretary to obtain silver for the minting of such coins from stockpiles established under the Strategic and Critical Materials Stock Piling Act and to obtain gold pursuant to authority under existing law. Provides that the design of such coins shall be selected by the Secretary after consultation with the Mount Rushmore National Memorial Society of Black Hills. Specifies the sales price of such coins as the face value plus costs. Requires that all sales of such coins include a surcharge of $35 per coin for five-dollar coins, $7 per coin for one-dollar coins, and $1 for half-dollar coins. Requires that of the total surcharges received by the Secretary from the sale of such coins: (1) 50 percent shall be returned to the Treasury for purposes of reducing the national debt; and (2) 50 percent shall be paid to the Society to assist efforts to improve the Mount Rushmore National Memorial. Authorizes the Comptroller General to audit such payments. Requires the Secretary to ensure that the minting and issuance of such coins shall not result in any net costs to the Government.
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 · 9 February 1989
Establishes the Amistad National Recreation Area, Texas. Directs the Secretary of the Interior to administer such area. Authorizes hunting, fishing, and trapping in such area except in designated zones. Authorizes the Secretary to enter into agreements with Texas for the provision of rescue, firefighting, and law enforcement services for such area. Sets forth provisions relating to specified treaties between the United States and Mexico.
United States · United States Congress · 7 February 1989
Designates July 27, 1989, as National Korean War Veterans Recognition Day and expresses the gratitude of the Congress and the Nation for the contributions made by the Korean War veterans.
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 · 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
Social Security Investment Reform Act of 1989 - Amends titles II (Old Age, Survivors and Disability Insurance) and XVIII (Medicare) of the Social Security Act to direct the Managing Trustees of the Federal Old-Age and Survivors Insurance Trust Fund, Federal Disability Insurance Trust Fund, and Federal Hospital Insurance Trust Fund (trust funds) to immediately invest that portion of the trust funds which is not required for current withdrawals. Prohibits the sale and redemption of trust fund assets or the expenditure of trust fund amounts for purposes other than those specified in such titles. Requires members of such trust funds' Boards of Trustees to faithfully execute their duties, but does not impose a fiduciary duty. Requires that, in consideration of the public debt limit, required investment of funds or amounts over which the Secretary of the Treasury has investment authority occur prior to the issuance of other obligations. Requires the Boards of Trustees of the trust funds to meet at least twice each year. Sets forth provisions requiring reports by the Boards of Trustees and the Managing Trustees to the Congress regarding the operation and status of the trust funds.
United States · United States Congress · 2 February 1989
Extends regards to the people of France on the occasion of the bicentennial of Bastille Day. Urges the people of the United States to observe the bicentennial on July 14, 1989. Finds that France and the United States remain committed to the principles of the Declaration of the Rights of Man and of the Citizen and the Bill of Rights.
![Official portrait of Rep. Pickle, J. J. [D-TX-10]](https://www.congress.gov/img/member/p000328_200.jpg)