United States · United States Congress · 3 January 1989
Amends the Fishermen's Protective Act of 1967 to authorize the President, upon receipt of a certification from the Secretary of Commerce that a country has violated an international fishery conservation program or an endangered or threatened species program, to direct the Secretary of the Treasury to prohibit the importation of any product from such country.
United States · United States Congress · 3 January 1989
Federal Employees' Political Activities Act of 1989 - Prohibits an employee from using or attempting to use official authority or influence to interfere with or affect the result of any election. Prohibits an employee from using or attempting to use official authority to intimidate, threaten, coerce, command, or influence: (1) any individual for the purpose of interfering with the right of any individual to vote as the individual may choose, or of causing any individual to vote, or not to vote, for any candidate or measure in any election; (2) any person to give or withhold any political contribution; or (3) any person to engage, or not to engage, in any form of political activity. Prohibits an employee from using, attempting to use, or permitting the use of any official information, unless such information is available to the general public. Prohibits an employee from: (1) giving or offering to give a political contribution to any individual either to vote or to refrain from voting, or to vote for or against any candidate or measure, in any election; (2) soliciting, accepting, or receiving a political contribution to vote or refrain from voting, or to vote for or against any candidate or measure, in any election; or (3) giving or handing over a political contribution to a superior of the employee. Prohibits an employee from soliciting, accepting, or receiving, or from being in any manner concerned with soliciting, accepting, or receiving, a political contribution: (1) from another employee (or a member of another employee's immediate family) with respect to whom the employee is a superior; or (2) in any room or building occupied in the discharge of official duties by a Federal employee or official or an individual receiving salary or compensation from the Treasury. Prohibits an employee from soliciting, accepting, or receiving a political contribution from, or giving a political contribution to, any person who: (1) has, or is seeking to obtain, contractual or other business or financial relations with the employing agency; (2) conducts operations or activities which are regulated by that agency; or (3) has interests which may be substantially affected by the performance of the employee's official duties. Directs the Special Counsel of the Merit Systems Protection Board to prescribe regulations which exempt employees from such prohibitions. Prohibits an employee from engaging in political activity: (1) while on duty; (2) in any room or building occupied in the discharge of official duties by a Federal employee or official; (3) while wearing a uniform or official insignia identifying the office or position of the employee; or (4) while using any vehicle owned or leased by the Government. Exempts certain high level political appointees from such prohibitions if the costs associated with the political activity are not paid for by money derived from the Treasury. Authorizes leave without pay or accrued annual leave to an employee who is a candidate, upon request, to allow such employee to engage in activities relating to that candidacy. Declares that such request may be denied if the exigencies of the public business so require. Declares that such employee may be required to take leave without pay or accrued annual leave in order to be a candidate if activities relating to the candidacy interfere with the employee's performance of duties. Applies this Act to postal employees and employees of the Postal Rate Commission.
United States · United States Congress · 3 January 1989
Computer Virus Eradication Act of 1989 - Amends the Federal criminal code to impose penalties upon any individual who, in interstate or foreign commerce, knowingly: (1) inserts into a computer or a computer program information or commands that may cause loss, expense, or risk to health or welfare for users of the computer, the program, or the processed information; or (2) provides such computer or program to a person who does not know of the insertion or its effects. Provides a civil remedy for injured parties.
United States · United States Congress · 3 January 1989
Veal Calf Protection Act - Prohibits certain practices in the raising of calves for veal. Describes the practices as the confining of calves in small crates and the feeding of calves with diets deficient in solid foods. Fixes penalties and permits civil actions with respect to prohibited acts.
United States · United States Congress · 3 January 1989
Sunset Act of 1989 - Title I: Reauthorization of Government Programs - Requires each Government program to be reauthorized at least once during each sunset reauthorization cycle. (Sunset reauthorization cycle means the period of five Congresses beginning with the 102d Congress and with each sixth Congress following the 102d Congress.) Sets forth the procedure in the House of Representatives and the Senate for the consideration of any legislation which authorizes new budget authority. Exempts from the requirements of this Act specified items, such as interest on Federal debts, health care services, general retirement and disability payments, litigation activities which have as their objectives the protection and implementation of civil rights guaranteed by the Constitution, and specified retirement pay and benefits. Title II: Program Inventory - Directs the Comptroller General and the Director of the Congressional Budget Office, in cooperation with the Director of the Congressional Research Service, to prepare an inventory of Federal programs. Declares that the purpose of such program inventory is to advise and assist the Congress in carrying out reauthorization and reexamination requirements and to link such reauthorization and review process with the budget process. Requires the Comptroller General to submit such program inventory to each House of Congress no later than January 1, 1990. Directs the congressional committees, the Congressional Budget Office, and the Congressional Research Service to review the program inventory and to suggest revisions. Requires that the program inventory be revised at the end of each session of the Congress and that such revisions be reported to each House. Title III: Program Reexamination - Requires each committee of the Senate and the House of Representatives to reexamine selected programs or groups of programs over which it has jurisdiction. Sets forth procedures for such review and criteria for selection of program areas for evaluation. Title IV: Tax Expenditures - Requires the Director of the Congressional Budget Office, after consultation with the Joint Committee on Taxation of the Congress, to prepare an inventory of tax expenditure provisions and to submit a report on such inventory to the Committee on Ways and Means of the House and the Senate Finance Committee by July 1, 1990. Directs the House Committee on Ways and Means and the Senate Committee on Finance to prepare a reauthorization schedule for all tax provisions similar to the schedule set out for Federal programs in title I of this Act. Requires the Congress to take final action on the reauthorization schedule for tax provisions before the end of the 101st Congress. Title V: Miscellaneous - Sets forth miscellaneous provisions to carry out the purposes of this Act. Directs the President, with the cooperation of the head of each appropriate agency, to submit to the Congress a Regulatory Duplication and Conflicts Report for all programs scheduled for reauthorization in the next Congress. Requires specified congressional committees to report on a review of the procedures established under this Act by December 31, 1996, and every five years thereafter. Authorizes appropriations through FY 1999.
United States · United States Congress · 3 January 1989
Tech-Prep Education Act - Amends the Carl D. Perkins Vocational Education Act to establish a program of grants to consortia of local educational agencies and community colleges to provide tech-prep education programs. Defines "tech-prep education program" as a combined secondary and postsecondary program which: (1) leads to an associate degree or two-year certificate; (2) provides technical preparation in at least one field of engineering technology, applied science, or mechanical, industrial, or practical art or trade; (3) provides competence in mathematics, science, and communications (including through applied academics); and (4) leads to placement in employment. Directs the Secretary of Education to make grants to pay the Federal share of the cost of activities carried out under this Act to consortia of: (1) local educational agencies or area vocational schools serving secondary school students; and (2) community colleges or postsecondary vocational technical schools. Sets forth the Federal share. Requires each grant recipient to use the grant funds to develop and operate a four-year technical preparation education program with specified curricula. Sets forth application and reporting requirements. Authorizes appropriations for FY 1990 through 1994.
United States · United States Congress · 3 January 1989
Authorizes a commissioned officer of the Navy aboard a vessel operating in the territorial waters of the United States or at sea outside the territorial jurisdiction of any country, whenever a member of the Coast Guard is not present, to engage in drug interdiction activities with the same authority as a member of the Coast Guard assigned to drug interdiction duties. Authorizes the Secretary of Defense, under specified conditions and upon the request of a Federal agency with the proper jurisdiction, to assign members of the armed forces to assist drug enforcement officials of such agency in searches, seizures, and arrests outside the land area of the United States.
United States · United States Congress · 3 January 1989
Amends the Federal Election Campaign Act of 1971 to remove the authority for certain Members of Congress to use excess campaign funds for personal purposes.
United States · United States Congress · 3 January 1989
Federal Election Campaign Amendments of 1989 - Amends the Federal Election Campaign Act of 1971 to provide for voluntary expenditure limitations and partial public financing for House of Representatives general elections. Sets forth eligibility requirements for public financing, including that a candidate: (1) has not and will not make expenditures or accept contributions in excess of specified limitations; (2) will deposit all payments in a separate checking account; (3) will furnish campaign records, evidence of contributions, and other appropriate information to the Federal Election Commission; and (4) will cooperate in any audit and examination conducted by the Commission. Requires eligible candidates to certify to the Commission that: (1) during the period beginning on January 1 of the calendar year preceding the year of a general election, such candidate and the authorized committees of the candidate have received contributions aggregating ten percent of the spending limitation; (2) 80 percent of such contributions have come from individuals residing in the candidate's State; and (3) at least one other candidate has qualified for the ballot. Makes special rules for special elections. Provides that a contribution may not be counted unless: (1) it is made on a written instrument identifying the person making the contribution; (2) it is not considered a contribution by an intermediary or conduit; (3) it is made by an individual and does not exceed the aggregate of $250; and (4) it was received after January 1 of the year preceding the election. Makes special rules for special elections. Prohibits candidates who receive payments from spending more than $40,000 from personal funds during the election cycle. Prohibits such candidates from spending more than $400,000 in the aggregate during the election cycle, or additional expenditures of not more than $150,000 in a primary runoff election. Declares that if independent expenditures which exceed $10,000 are made during an election cycle in opposition to an eligible candidate or for the opponent of a eligible candidate, the eligible candidate may make additional expenditures above the spending limit in an equal amount. Entitles eligible candidates to: (1) matching payments of up to 50 percent of the spending limit in amounts equal to contributions in amounts of $250 or less from individuals, not given through intermediaries or conduits; (2) additional payments when $10,000 or more of independent expenditures are made in the general election in opposition to, or on behalf of an opponent of, such candidate; (3) additional payments if any candidate in the general election receives contributions or makes expenditures in excess of limitations; and (4) reduced rates for mailings made during the general election period. Declares that payments to eligible candidates may only be used to defray expenditures incurred with respect to the general election period. Requires the Commission to certify the eligibility of a candidate to the Secretary of the Treasury for payments under this Act. Directs the Secretary to maintain the House of Representatives Election Campaign Account in the Presidential Election Campaign Fund to make payments of certified amounts. Requires the Commission, after each general election, to audit ten percent of the eligible candidates by random selection. Requires the Commission to audit each eligible candidate after a special election. Provides for candidates to repay the Commission for excess expenditures. Provides for judicial review of Commission actions by the United States District Court for the District of Columbia, and for the Commission to participate in judicial proceedings. Directs the Commission to report to the House of Representatives after each election setting forth: (1) expenditures made by the candidates and their authorized committees; (2) payments made by the Commission; (3) the amounts of any repayments; and (4) the balance in the Presidential Election Campaign Fund and any account maintained in such Fund. Authorizes appropriations. Requires each candidate to file a declaration with the Commission of whether or not such candidate intends to make expenditures in excess of limitations. Requires each candidate who is not an eligible candidate and who receives aggregate contributions or makes aggregate expenditures which would exceed the spending limits to report to the Commission within a specified time schedule. Directs the Commission to notify each eligible candidate about such report and certify to the Secretary any additional payments to which an eligible candidate is entitled. Authorizes the Commission to make its own determinations as to whether or not a candidate has exceeded spending limitations. Requires any person who makes independent expenditures in excess of $5,000 to report to the Commission within 24 hours after making them. Requires the Commission to notify each eligible candidate of such expenditures. Requires, when two or more persons make an independent expenditure in coordination, consultation, or concert with regard to a House election, that each person report to the Commission when such amount exceeds $5,000. Requires each political committee which maintains a separate account for activities in non-Federal elections to file with the Commission reports of funds received into and disbursements made from such account for activities which may influence an election to a Federal office. Describes such activities as: (1) voter registration and get-out-the-vote drives; (2) general public political advertising; and (3) any other activities which require an allocation of costs between a political committee's Federal and non-Federal accounts. Applies the limitations on expenditures by national party committees to general public political advertising which clearly identifies by name an individual who is, or is seeking nomination to be, a candidate in the general election for President, Senator, or Representative. Declares that such limitations do not apply to direct mail communications designed primarily for fundraising purposes which only make incidental reference to Federal candidates. Prohibits a candidate for the House from accepting any contribution from a nonparty multicandidate political committee with respect to an election cycle which exceeds $100,000 ($125,000 if at least two candidates qualify for the primary and the general election). Limits such contributions to $40,000 for any primary runoff election. Prohibits a candidate for Federal office from establishing, maintaining, or controlling a political committee, other than the candidate's authorized committees or a committee of a political party. Provides for the accountability of contributions made by intermediaries or conduits. Describes when an independent expenditure is not an independent expenditure if there is any type of arrangement, coordination, direction, advice, or counseling directly or indirectly between a candidate and the person making the expenditure. Requires, when independent expenditures are made for television broadcast communications, that a statement appear continuously during such broadcast showing the name of the person or committee making such expenditure. Requires any type of general public print communication paid for by independent expenditure to include such a statement, plus a statement that the cost of presenting such statement is not subject to contribution limits. Amends the Internal Revenue Code to increase the amount an individual may designate to the Presidential Election Campaign Fund from $1 to $2 (and in the case of joint returns, from $2 to $4). Amends the Communications Act of 1934 to require House candidates, in order to qualify for special broadcast rates, to be clearly identifiable during a substantial portion of the time of broadcast.
United States · United States Congress · 3 January 1989
Social Security Reorganization Act of 1989 - Title I: Establishment of the Social Security Administration - Amends title VII (Administration) of the Social Security Act to establish as an independent executive agency a Social Security Administration, headed by a Social Security Board. Provides that it shall be the duty of the Administration to administer the programs established by titles II (Old Age, Survivors and Disability Insurance) and XVI (Supplemental Security Income) of the Social Security Act. Requires the Board to study and make recommendations as to the most effective methods of providing economic security through social insurance and as to legislation and matters of administrative policy. Establishes in the Administration: (1) a Commissioner of Social Security; (2) an Office of Hearings and Appeals, to be headed by a Chief Administrative Law Judge; (3) a Deputy Commissioner of Social Security; (4) a General Counsel; (5) a Chief Actuary; (6) an Office of Policy and Legislation, to be headed by a Director of Policy and Legislation; (7) an Inspector General; and (8) an Office of the Ombudsman, to be headed by a Social Security Ombudsman who shall represent the concerns of the public regarding the OASDI and SSI programs to the Commissioner, the Board, and the President, and conduct studies and surveys of the administrative effectiveness and program policy goals of the agency. Establishes a Citizens' Advisory Committee within the Office of the Ombudsman to prepare and transmit to the Congress a biennial report assessing the administration and objectives of the OASDI and SSI programs. Authorizes the Committee to request, and assist in the preparation of, ombudsman studies and surveys of the agency's administration of the OASDI and SSI programs. Requires the Board to make annual budgetary recommendations relating to the Administration. Requires that appropriations requests by the Administration for staffing and personnel be based upon a comprehensive workforce plan established by the Board. Provides for the apportionment of administrative costs. Requires the annual report of the Board to include a section reflecting the use of budget authority provided to the Administration. Requires that authority for automated data processing procurement and facilities construction be provided in the form of contract authority covering the total cost of such acquisitions. Makes amounts needed for the liquidation of contract authority so provided available from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund to the extent that such amounts are not needed to meet current obligations for benefit payments. Requires the Board to cause a seal of office to be made and judicial notice taken thereof. Transfers to the Administration functions carried out by the Secretary of Health and Human Services with respect to the programs and activities to be carried out by the Administration under this Act. Abolishes the position of Commissioner of Social Security in the Department of Health and Human Services. Sets forth a beneficiary bill of rights under which: (1) all individuals are required to be treated fairly by the Board, the Commissioner, and the Secretary; (2) the Board, the Commissioner, and the Secretary are prohibited from discriminating on the basis of age, sex, race, creed, color, handicap, national origin, or economic condition; (3) the Commissioner and the Secretary should maintain prompt, professional, and effective service which is accessible and responsive to the community; (4) benefit payments are to be timely and proper; (5) a personal conference with an official or employee of the agency or Department of Health and Human Services is to be accorded to a beneficiary adversely affected by a determination of the Commissioner or the Secretary; and (6) a beneficiary is to receive, with respect to appealable administrative matters, a full, fair, and impartial evidentiary hearing before an administrative law judge. Sets forth effective date and transitional rule provisions. Title II: Conforming Amendments and Rules of Construction - Requires the Secretary and the Board to report to the Congress within 120 days after the beginning of each regular session on their administration under this Act. Requires the Secretary to study and make recommendations on the most effective methods of providing economic security and on the administrative policy for the programs. Directs the Board to appoint, quadrennially, an Advisory Council on the Old-Age, Survivors and Disability Insurance Program and an Advisory Council on Health and Supplementary Medical Insurance to review the relation of the trust funds supporting the OASDI program and the Medicare program and the long-term commitments of those programs. Requires each council to submit a report to the Board for transmittal to the Congress and the Board of Trustees of each trust fund. Title III: Management of the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund and the Federal Hospital Insurance Trust Fund - Amends the OASDI and Medicare (title XVIII of the Act) programs to direct the Managing Trustees of the Federal Old-Age and Survivors Insurance Trust Fund, Federal Disability Insurance Trust Fund, and Federal Hospital Insurance Trust Fund (trust funds) to immediately invest that portion of the trust funds which is not required for current withdrawals. Requires the investment of amounts in the OASDI trust funds to be made in accordance with policies established by the Social Security Board. Prohibits the sale and redemption of trust fund assets or the expenditure of trust fund amounts for purposes other than those specified in titles II and XVIII of the Act.
United States · United States Congress · 3 January 1989
Amends the Internal Revenue Code with respect to the corporate income tax exclusion of contributions to the capital of the taxpayer. Includes as a qualifying contribution any amount of money or property received by a regulated public utility (a utility required to provide electric energy, gas, water, or sewage disposal services) that: (1) is a contribution in aid of construction (as defined by regulations to be promulgated by the Secretary of the Treasury); (2) meets certain expenditure requirements; and (3) is not included in the taxpayer's rate base. Excludes amounts paid as customer connection fees.
United States · United States Congress · 3 January 1989
Title I: Housing and Urban Development - Makes supplemental FY 1989 appropriations for the following Department of Housing and Urban Development programs for the homeless: (1) assisted housing; (2) emergency shelter grants; (3) supportive housing demonstration projects; and (4) supplemental assistance for facilities to assist the homeless. Makes supplemental FY 1989 appropriations for: (1) the Federal Emergency Management Agency's emergency food and shelter program; and (2) the Department of Veterans Affairs medical care for homeless veterans program. Title II: Health and Human Services - Makes supplemental FY 1989 appropriations for the following Department of Health and Human Services programs for the homeless: (1) health services; (2) community mental health and mental health services demonstration projects; (3) alcohol and drug abuse treatment; and (4) emergency community services block grants.
United States · United States Congress · 12 October 1988
Age Discrimination in Employment Waiver Protection Act of 1988 - Amends the Age Discrimination in Employment Act of 1967 (the Act) to prohibit an individual from waiving any right under the Act without the supervision of the Equal Employment Opportunity Commission (EEOC) or a court, except in settlement of a bona fide claim alleging a certain kind of prohibited age discrimination. Allows an individual who makes a bona fide claim arising from an early retirement incentive or other employment termination program that involves an offer of enhanced benefits to a group or class of individuals to settle the claim in accordance with specified conditions, but only if represented by counsel and the consideration received for settlement is additional to the enhanced benefit. Allows a settlement of a bona fide claim to occur only if the settlement is knowing and voluntary and only if: (1) a settlement agreement applicable to such claim is in writing and specifically refers to rights or claims arising under the Act; (2) the agreement does not waive rights or claims that may arise after the date the agreement is entered into; (3) the rights or claims are waived in exchange for consideration other than benefits to which the individual already is entitled; (4) the individual is given a reasonable period of time which to consider the agreement; and (5) the individual is advised in writing to consult an attorney prior to entering into the agreement. Defines "bona fide claim," for such purposes, as: (1) a charge of age discrimination filed with the EEOC; or (2) a specific allegation of age discrimination communicated in writing by the individual or the individual's representative directly to the employer, employment agency, or their representatives. Directs the EEOC, on January 1, 1990, to issue a rule or interpretative regulation relating to the prohibition against discrimination on the basis of age in early retirement incentive or other employment termination programs that involve an offer of enhanced benefits to a group or class of individuals. Provides that, effective upon the enactment of this Act, a specified rule on waivers issued by the EEOC shall have no force and effect.
United States · United States Congress · 11 October 1988
AM Radio Improvement Act of 1988 - Directs the Federal Communications Commission, within 60 days after this Act's enactment, to initiate rulemaking to adopt a single AM radio stereophonic transmitting equipment standard (to be adopted within six months of this Act's enactment) that specifies the composition of the transmitted signal.
United States · United States Congress · 4 October 1988
Directs the Bureau of Labor Statistics of the Department of Labor to conduct a study relating to the appropriate consumer price index for social security beneficiaries. Directs the Social Security Administration to provide reasonable assistance to the Bureau to carry out such study. Directs the Bureau to report to the Congress on such study by January 1, 1992. Authorizes appropriations for such study for FY 1990 through 1992.
United States · United States Congress · 4 October 1988
Requires that the Consumer Price Index for All Urban Consumers be used by Federal officers and agencies in determining certain cost-of-living adjustments in benefits and allowances.
United States · United States Congress · 29 September 1988
Expresses the sense of the Congress that Medicare (title XVIII of the Social Security Act) hospital payments for FY 1990 should not be reduced below levels provided in current law for such fiscal year.
United States · United States Congress · 16 September 1988
Immigration Nursing Relief Act of 1988 - Amends the Immigration and Nationality Act to grant special immigrant status to an immigrant (and accompanying spouse and children): (1) who entered the United States before January 1, 1988, as a nonimmigrant to perform services as a registered nurse; (2) who is working in such capacity with a valid visa as of the date of enactment of this Act; and (3) with respect to whom a labor certification has been filed prior to the granting of special immigrant status. Sets forth the following conditions for admission of nonimmigrant nurses during the five-year period beginning on April 1, 1989: (1) a professional nursing license from the country where the alien studied nursing or a degree from a U.S. or Canadian nursing school; (2) completion of an appropriate examination or possession of a license in the State of intended employment; (3) such alien's employment will not adversely affect wages and working conditions of similarly employed nurses; (4) a substantial disruption of the hiring health facility's services will occur without the services of such alien; (5) the facility has taken steps toward recruitment and retention of U.S. citizens or immigrant nurses; and (6) there is no ongoing labor dispute or related activity at such facility. Provides for an initial admission period of up to three years, with extensions up to a five-year total (six years under extraordinary circumstances). Directs the Secretary of Labor to provide for the appointment by April 1, 1990, of an advisory group to advise the Secretary: (1) concerning the impact of this Act on the nursing shortage; (2) regarding programs to recruit U.S. citizens or immigrant nurses; and (3) regarding the advisability of extending the provisions of this Act beyond April 1, 1994. Directs the Secretary to conduct a study and report to the Congress by April 1, 1991, regarding the amendments made by this Act.
United States · United States Congress · 14 September 1988
Congratulates Israel and Egypt for a decade of peace based upon the Camp David accords. Calls upon other Arab states and Palestinians to join in the peace process, renounce the state of war and acts of violence, and enter into direct negotiations with Israel to achieve a lasting peace.
United States · United States Congress · 9 September 1988
Prevention of Genocide Act of 1988 - Makes certain findings concerning the use of chemical weapons by Iraq and Iraq's treatment of the Kurdish people. Requires the U.S. Executive Director or representative at all international financial institutions to vote against all loans to Iraq. Prohibits the provision of any assistance, the sale of any kind of military equipment, the provision of any credits, or the provision of any credit guarantees to Iraq. Prohibits the sale or transfer to Iraq of any item subject to export control by any agency of the United States. Prohibits the importation of any oil or petroleum products produced in Iraq. Authorizes the President to waive such sanctions if he determines and certifies to the Congress that: (1) Iraq is not committing genocide against the Kurdish population in Iraq; and (2) Iraq is not using chemical weapons banned by the 1925 Geneva Conventions and has provided reliable assurances that it will not use such weapons. Expresses the sense of the Congress: (1) commending the Government of Turkey for its humanitarian decision to host thousands of Kurdish people fleeing extermination in Iraq; and (2) that the United States shall provide assistance to Kurdish refugees in need of medical treatment and other humanitarian aid.
United States · United States Congress · 11 August 1988
Health Waste Anti-Dumping Act of 1988 - Amends the Federal criminal code to establish criminal penalties for knowingly and without lawful authority dumping any health care facility waste: (1) upon the high seas or any waters within the admiralty and maritime jurisdiction of the United States; or (2) in any other place within the United States if interstate or foreign commerce is affected. Provides for forfeiture of property of violators. Includes wastes of veterinary services and laboratory services under the prohibition.
United States · United States Congress · 4 August 1988
Federal Employee Long Term Care Protection Act - Directs the Office of Personnel Management to arrange for the conversion of a portion of a Government employee's life insurance policy to long-term care insurance.
United States · United States Congress · 3 August 1988
Information Dissemination and Research Accountability Act - Establishes in the National Library of Medicine a National Center for Research Accountability to assist in eliminating duplication of effort in Federal research proposals involving live animals. Directs the President to appoint as members of the Center 20 experts in the biomedical information sciences who are currently employed by a Federal agency in a capacity that qualifies them to make determinations as to whether research proposals involving live animals are duplicative of other research efforts. Sets forth provisions for a Director of the Center. Prohibits Federal agencies from carrying out or funding any research proposal involving live animals unless the proposal is submitted to the Center following agency approval. Prohibits Federal funding of any proposal the Center determines would duplicate other research completed or in process. Authorizes the Center to contract with private entities to assist in conducting comprehensive full-text literature searches. Directs the President to establish rules to preclude any conflict of interest in the awarding of these contracts. Directs the Center to report annually to the President and the Congress. Provides for modernization of biomedical information storage and dissemination by the National Library of Medicine. Directs the Library to: (1) acquire, in full-text form, all biomedical information owned or available for use by Federal agencies (except information already in the Library or classified for national security reasons); (2) transcribe and store in full-text all such information acquired by the Library after January 1, 1960; (3) make available to medical libraries, through modern technologies, all full-text biomedical information in its collection; (4) support, by grants and contracts, the creation of new information for teaching and demonstrations, including audiovisual aids and computer graphics technologies; (5) make available such new information to research and teaching institutions, at cost; and (6) increase the number of persons trained in modern methods of biomedical information storage and dissemination technologies by making available stipends, awards, and grants to persons engaged in such training. Provides that the cost to those requesting biomedical or teaching and demonstration information shall include the Federal expenses incurred in acquiring and making it available. Authorizes the Library to award contracts to the private-sector data recording industry to improve: (1) the development of technologies for storage and dissemination of full-text biomedical information; and (2) dissemination of such information to medical libraries for research use. Requires the Library to report annually to the Congress on its progress. Authorizes appropriations.
United States · United States Congress · 2 August 1988
Insider Trading and Securities Fraud Enforcement Act of 1988 - Amends the Securities Exchange Act of 1934 to revise the authority of the Securities and Exchange Commission (SEC) to seek civil penalties against persons who participate in illegal insider trading. Authorizes the SEC to seek to impose civil penalties upon any person who, at the time of the violation, directly or indirectly controlled the person who committed the illegal insider trading. Limits the civil liability of a controlled person to the greater of $1,000,000 or three times the amount of the profit gained or loss avoided as a result of the controlled person's violation. Specifies that a controlling person shall not be subject to civil penalties unless the SEC establishes that: (1) such controlling person knew or recklessly disregarded the fact that the controlled person was likely to engage in prohibited acts and failed to take appropriate steps to prevent such prohibited acts; or (2) such controlling person knowingly or recklessly failed to establish or enforce any policy or procedure required under provisions of the Securities Exchange Act and of the Investment Advisers Act of 1940. Sets forth procedures for the collection of any such civil penalty imposed. Specifies a statute of limitations of five years for any such action brought by the SEC. Authorizes the SEC to award a bounty of up to ten percent of any civil penalty imposed to the person or persons who provide information leading to the imposition of such penalty. Requires every registered broker or dealer to establish, maintain, and enforce written policies and procedures to prevent the misuse of material, nonpublic information by such broker or dealer or any person associated with such broker or dealer. Amends the Investment Advisers Act of 1940 to impose parallel requirements with respect to investment advisers. Requires the SEC to make recommendations to the Congress with respect to the extension of its authority to impose civil penalties or administrative fines to other violations of the Securities Exchange Act of 1934. Increases the monetary penalties for any criminal violations of the Securities Exchange Act of 1934 from an individual maximum of $100,000 to $1,000,000 and a maximum for non-natural persons from $500,000 to $2,500,000. Makes all non-natural persons subject to the higher penalty. (Current law imposes the higher penalty only on exchanges.) Allows a private right of action against any person who violates insider trading rules to be brought by anyone: (1) who contemporaneously with the purchase or sale of securities that form the basis of such violation, purchased or sold securities of the same class; and (2) any other person who can demonstrate an injury due to a violation of insider trading rules. Limits the total amount of damages in such a contemporaneous trading action to any profit gained or loss avoided and reduces any such damages by the amounts the violating person is required to disgorge pursuant to a court order obtained by the SEC. Specifies a statute of limitations of five years for any such private right of action. Imposes joint and several liability on anyone who communicates insider information to the same extent as those who directly profit from the insider trading. Specifies that the authority to bring such an action shall not be construed to: (1) limit or condition any implied private rights of action; or (2) bar or limit any action by the SEC or the Attorney General. Authorizes the SEC to provide investigatory assistance to foreign securities authorities. Directs the SEC to appoint a panel of experts to make a study and investigation of the adequacy of the Federal securities laws for the protection of the public interest and the interests of investors. Requires the SEC to report to the Congress concerning the results of such study and investigation. Authorizes appropriations to carry out such study and investigation. Authorizes appropriations to the SEC for: (1) official reception and representation expenses; and (2) maintaining membership in, and contributing to, the operating expenses of the International Organization of Securities Commissions.
United States · United States Congress · 2 August 1988
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 · 28 July 1988
Condemns the Romanian Government's systematic violation of human rights. Protests the planned program of destruction of traditional settlements in violation of human rights, minority cultural rights, and property rights. Urges institutional reforms by the Romanian Government to comply with international agreements, including the Helsinki Final Act of the Conference on Security and Cooperation in Europe and the Universal Declaration of Human Rights. Urges continued presidential and Secretary of State action to bring about reforms. Urges the President not to consider providing any special benefit for Romania until a thorough human rights reform is instituted, including substantial actual improvement in the right of emigration, the rights of national minorities, and freedom of religion.
United States · United States Congress · 14 July 1988
Women's Business Ownership Act of 1988 - Title I: Congressional Findings and Purposes - Sets forth congressional findings and purposes with respect to small businesses owned and controlled by women. Title II: Demonstration Projects - Amends the Small Business Act to direct the Small Business Administration (SBA) to provide financial assistance to private organizations to conduct demonstration projects giving financial, management, and marketing assistance to small businesses, including start-up businesses, owned and controlled by women. Describes application criteria. Requires the SBA to report to the congressional Small Business Committees on the projects. Terminates authority for this pilot program on October 1, 1991. Authorizes appropriations. Title III: Procurement Assistance - Amends the Small Business Act to include small business concerns owned and operated by women as a discrete group for purposes of Government contracts and subcontracts and procurement programs. (Current law governing these programs refers expressly only to small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals as groups targeted for assistance.) Instructs the Director of Small and Disadvantaged Business Utilization of each Federal agency to designate a Women-in-Business Specialist to be responsible for programs designed to assist concerns owned and controlled by women. Directs Federal agencies, in their procurement activities, to engage in affirmative action to identify and solicit offers from small businesses owned and controlled by either women or socially and economically disadvantaged individuals. Title IV: Access to Capital - Amends the Consumer Credit Protection Act to prohibit the Federal Reserve Board, except under limited circumstances, from exempting from such Act's provisions any class of transactions that are primarily for personal, family, or household purposes, or business or commercial loans made available by a financial institution. Limits to five years any exemption authorized under the circumstances specified in this Act, unless a subsequent determination is made that the exemption remains appropriate. Requires lenders to keep records relating to loans and to provide written notice to applicants of their right to receive notice of reasons for a loan denial. Authorizes the SBA to establish a certified loan program for lenders that display knowledge and proficiency with respect to SBA regulations and programs. Directs the SBA to encourage small business loans of $50,000 or less under both this new program and the preferred lenders program in FY 1989 through 1991 by permitting participating lenders to: (1) use their own forms without regard to SBA paperwork; and (2) retain one-half of the loan guarantee fee. Requires SBA reporting to specified congressional committees in connection with the certified loan program. Directs the Federal Reserve Board, the Comptroller of the Currency, the Department of Commerce, and the SBA jointly to study levels of availability of and demand for debt and equity capital by small businesses, as well as innovative financing techniques to meet any unmet demand. Requires reporting to the congressional Small Business Committees. Title V: National Women's Business Council - Establishes the National Women's Business Council to review the status of women-owned businesses nationwide and to develop detailed multiyear plans in connection with both private and public sector actions to assist and promote such businesses. Requires annual reporting to both the President and the Congress. Title VI: Statistical Data and Effect on Other Programs - Directs: (1) the Bureau of Labor Statistics to include in its census reports on women-owned businesses specified information on sole proprietorships, partnerships, and corporations; (2) the Bureau of the Census to include in its Business Census data the number of corporations that are 51 percent or more owned by women; (3) the SBA's Office of the Chief Counsel for Advocacy to report on the most cost-effective and accurate ways to gather and present the statistics required in these census reports; and (4) Federal agencies to report to the Office of Federal Procurement Policy the number of first-time contract recipients that are small businesses owned and controlled either by women or by socially and economically disadvantaged individuals. Requires the President's annual Report on Small Business and Competition to include in separate detail information relevant to small businesses owned and controlled either by women or by socially and economically disadvantaged individuals.
United States · United States Congress · 12 July 1988
President's Pro-Life Act of 1988 - Prohibits the use of Federal funds for abortions, except when continuing the pregnancy would endanger the mother's life.
United States · United States Congress · 12 July 1988
States that the U.S. Government should make no reparations to Iran or persons in Iran on account of the Iranian airline disaster of July 3, 1988, until all nine American hostages being held in Beirut, Lebanon, are freed.
United States · United States Congress · 7 July 1988
Directs the Federal Communications Commission to establish and implement a telecommunications relay system to increase access to Federal departments and agencies for users of Telecommunications Devices for the Deaf (TDDs). Requires the system and its associated plans to include: (1) expansion of the existing relay system to a prescribed minimum service level; (2) accessibility of TDDs in Federal agencies; (3) publication of a TDD directory of Government access numbers; (4) adoption and display of logos identifying TDD stations; and (5) support for the development of cost-reducing technologies. Directs the FCC to complete its existing inquiry concerning an interstate relay system for TDD users. Requires that the Congress install TDDs and assure their accessibility in congressional offices as soon as practicable. Authorizes appropriations.
United States · United States Congress · 30 June 1988
Expresses the sense of the Congress that the Government of Nicaragua should: (1) fulfill its pledge in the Esquipulas II agreement to grant a general amnesty to all political prisoners; (2) cease inhumane torture and holding prisoners incommunicado; (3) end random arrests for purposes of political intimidation; (4) allow human rights observers in all parts of prison facilities; (5) compensate former political prisoners; and (6) cease human rights violations.
United States · United States Congress · 29 June 1988
International Securities Enforcement Cooperation Act of 1988 - Title I: Assistance to Foreign Securities Authorities - Amends the Securities Exchange Act of 1934 to authorize the Securities and Exchange Commission (Commission) to provide assistance to a foreign securities authority in the conduct of investigations of securities law violations upon a formal request of such authority. Requires the Commission to consider, in deciding whether to provide such assistance, whether: (1) the requesting authority has agreed to provide reciprocal assistance to the Commission; and (2) compliance with the request would prejudice the public interest. Authorizes the Commission, upon a showing that certain information is needed, to provide all records and other information in its possession to such persons, both domestic and foreign, as the Commission by rule deems appropriate. Requires that the person receiving such records or information must provide such assurances of confidentiality as the Commission deems appropriate. Specifies that such authority shall not affect the Commission's responsibilities under the Right to Financial Privacy Act. Provides that notwithstanding the provision of the Freedom of Information Act the Commission shall not be compelled to disclose records obtained from a foreign securities authority if the foreign securities authority has in good faith represented to the Commission that public disclosure of such records would be contrary to the laws of the foreign country from which they were obtained. Specifies that this Act shall not prevent the Commission from complying with a request for information from the Congress or from complying with a court order in an action brought by the United States or the Commission. Title II: Foreign Misconduct by Securities Professional In Foreign Country As Basis For Restricting Professional's Activities In the United States Securities Industry - Authorizes the Commission to impose sanctions on brokers or dealers, associated persons, and individuals seeking to become associated persons of brokers or dealers on the basis of misconduct in a foreign country. Allows the Commission to base such sanctions on whether a person has been convicted of crimes substantially equivalent to those enumerated by the Securities Exchange Act or the Commodity Exchange Act or has engaged in activities substantially equivalent to those enumerated by such Acts however denominated by the laws of the relevant foreign government. Authorizes the Commission to base sanctions on findings by a foreign securities authority of: (1) false or misleading statements in registration or reporting materials filed with the foreign securities authority; (2) violations of statutory provisions concerning securities or commodities transactions; or (3) aiding, abetting, or otherwise causing another person's violation of such foreign securities or commodities provision, or failing to supervise a person who has committed such a violation. Includes expulsion or suspension from membership or partnership in the foreign equivalent of a self-regulatory organization, contract market, board of trade, or futures association or a foreign or international securities exchange as grounds for disqualification for membership in such organizations in the United States. Includes findings of certain types of improper conduct by a foreign financial regulatory authority as grounds for such disqualification. Defines a "foreign financial regulatory authority" as any: (1) foreign securities authority; (2) governmental body or foreign equivalent of a self-regulatory organization empowered by a foreign government to administer or enforce its laws relating to the regulation of fiduciaries, trusts, commercial lending, insurance, trading in futures contracts, or other instruments traded on or subject to the rules of a contract market, board of trade, or foreign equivalent, or other financial activities; or (3) membership organization a function of which is to regulate participation of its members in such activities. Defines "foreign securities authority" as any foreign government, or any governmental body or regulatory organization empowered by a foreign government to administer or enforce its laws as they relate to securities matters. Amends the Investment Company Act of 1940 and the Investment Advisers Act of 1940 to authorize the Commission to impose similar sanctions on similar grounds of misconduct in a foreign country on investment advisors or persons associated or seeking association with a registered investment advisor or investment company.
United States · United States Congress · 23 June 1988
Title I: Municipal Incinerator Emissions - Amends the Clean Air Act to direct the Environmental Protection Agency (EPA) to promulgate performance standards to control emissions of particulate matter, sulfur dioxide, oxides of nitrogen, carbon monoxide, lead, cadmium, dioxins, dibenzofurans, hydrogen chloride, and mercury from municipal waste incineration units. Requires that such standards reflect the greatest degree of emission limitation achievable through application of the best available control technologies and practices. Deems specified practices and control technologies to be available. Requires that such standards be promulgated within one year of this Act's enactment, take effect within 18 months of enactment, and be reviewed and, if necessary, revised within three years of promulgation and every five years thereafter. Sets forth emission control standards which will be applicable should the EPA fail to promulgate standards. Requires the EPA to promulgate a timetable, within one year of this Act's enactment, for existing municipal waste incineration units to comply with emission control standards, taking into account the remaining useful life of the unit and the threat the unit poses to human health and the environment. Sets forth the maximum number of years which such timetable may allow for the compliance, providing more time as a unit's additional pollution control equipment costs represent a larger proportion of its capital costs. Requires owners or operators of municipal waste incineration units to monitor emissions at the point such emissions move into ambient air and at such other points as necessary to protect human health and the environment and to report the results of such monitoring. Sets monitoring standards, including ones for continuous and periodic monitoring. Sets a 20-year limit on unit permits. Provides for the termination of such a permit if: (1) the unit is not in compliance with permit terms and conditions; (2) compliance with additional conditions is necessary to protect human health and the environment, or will impose minimal costs on the unit owner or operator and reduce air emissions below levels specified in the permit; or (3) enforceable contracts for the treatment or disposal of the unit's ash for the succeeding five years do not exist. Requires that a permit be reviewed at least once every five years. Authorizes concurrent State enforcement of unit emission standards, provided such enforcement is equivalent to Federal enforcement under this Act. Requires that civil penalties imposed against municipalities pursuant to this Act be applied in support of public programs and activities that enhance the protection of the health and environment of their residents. Directs the EPA to establish a model State program, within 18 months of this Act's enactment, for the training and certification of municipal waste incinerator personnel. Requires that incinerator personnel be certified pursuant to a State or EPA training and certification program which is consistent with such program. Subjects any person engaged in the manufacture or sale of municipal waste incineration units or components who misrepresents the performance characteristics of incinerator technology or equipment to a civil monetary penalty plus costs and damages caused by such misrepresentation. Includes as major emitting facilities under the Clean Air Act municipal incinerators capable of charging more than 50 tons of refuse per day. (Currently, only incinerators charging more than 250 tons per day are included.) Title II: Solid Waste Disposal Act Amendment - Amends the Solid Waste Disposal Act to direct the EPA to promulgate regulations, within one year of this Act's enactment, for the safe management of municipal incinerator ash. Requires that landfills into which such ashes are disposed be monofills with groundwater monitoring, two synthetic liners, an additional lower liner, a leachate collection system above all liners, and a leak detection system between the two synthetic liners. Authorizes the disposal of ash in a landfill other than a monofill if requirements more stringent than those imposed on monofills apply. Authorizes the EPA to waive the applicability of this Act's landfill design requirements to solid waste management units receiving incinerator ash if an alternative design will provide at least as effective protection of human health and the environment as such requirements. Prohibits a State from issuing a permit to any new or modified municipal waste incineration unit after 18 months after this Act's enactment unless the State prepares a solid waste management plan which provides cost-effective maximization of resource conservation and the protection of human health and the environment through solid waste reduction, source separation or control, recycling, and other measures. Prohibits the issuance of a permit to a unit unless an ash management plan demonstrating compliance with this Act's requirements has been submitted for the ash from such unit. Requires that before a new or modified unit begins operations it have sufficient capacity to treat or dispose of its ash for the succeeding five years. Directs the EPA, in developing regulations for the management of municipal incinerator ash, to issue criteria and testing procedures for identifying the characteristics of such ash which may pose a hazard to human health or the environment. Authorizes the EPA to require the owner or operator of a municipal incinerator or any facility involved in ash management to test the ash in accordance with such criteria and testing procedures. Requires that any ash which is identified as posing a hazard to human health or the environment be: (1) disposed of pursuant to this Act's requirements; or (2) treated, in accordance with regulations to be promulgated by the EPA, so as to remove the hazards associated with such ash, including the migration of hazardous constituents. Subjects facilities receiving municipal incinerator ash to a permit or other prior approval program and conditions in accordance with a State's solid waste management program. Provides public notice and the opportunity or an informal public hearing prior to the issuance of a permit to an ash management facility. Authorizes the EPA to issue a corrective action order or commence a civil action against the offending facility when there has been a release of a hazardous ash constituent. Directs the EPA to publish guidelines, within one year of this Act's enactment, identifying items or materials that should be removed from municipal waste prior to incineration in order to reduce air emissions.
United States · United States Congress · 23 June 1988
Expresses the sense of the Congress that: (1) the decision of the Attorney General to order the deportation of Joseph Patrick Doherty to the United Kingdom was politically motivated to appease the Government of the United Kingdom; and (2) Joseph Patrick Doherty should be released on bond during the review of his application for asylum and be granted asylum in the United States.
United States · United States Congress · 21 June 1988
Authorizes the Vietnam Women's Memorial Project, Inc., to construct a commemorative statue within the Vietnam Veterans Memorial to recognize and honor the women of the U.S. armed forces who served in the Vietnam war. Directs the Secretary of the Interior to select a site for the statue within the Memorial. Makes the design proposal subject to the approval of the Secretary, the National Planning Commission, and the Commission of Fine Arts. Prohibits the United States and the District of Columbia from paying any expense of constructing the statue. Expresses the sense of the Congress that: (1) it is fitting and appropriate that such a statue be constructed at the site of the Vietnam Memorial; (2) the Secretary and each of the Commissions should give consideration to the sense of Congress that such a statue should be constructed at that site; and (3) after the addition of such statue no further commemorative works should be added to the Memorial. Requires the Secretary and Administrator of General Services to prepare, transmit to the Congress, and update periodically a list and a description of those commemorative works which have been completed and are located in the District of Columbia and its environs. Prohibits any significant modification to any commemorative work located in the District of Columbia and its environs unless specifically authorized by the Congress.