United States · United States Congress · 4 January 1989
Recyclable Materials Science and Technology Development Act of 1989 - Directs the Secretary of Commerce to study and report to the Congress concerning: (1) means to increase the use of degradable materials in manufactured goods; (2) technologies for recycling nondurable consumer products; and (3) ways to expand the marketing of recycled products. Directs the Secretary of Health and Human Services to study and report to the Congress on the feasibility of recycling nondegradable medical supplies and of substituting degradable for nondegradable materials in medical equipment and supplies. Directs the Secretary of Defense to study and report to the Congress on the national defense and security implications of requiring the use of degradable materials in defense items. Instructs the Secretary of Agriculture to initiate a pilot project to develop and demonstrate viable technology for composting municipal waste and sewage sludge. Requires the Secretary to report project results to the Congress. Directs the Secretary of Commerce to appoint a Director of Recycling Research and Information to make grants to support research into innovative recycling technology. Authorizes appropriations for such purposes for FY 1990. Prohibits, effective five years after this Act's enactment, the production, manufacture, distribution, sale, or delivery of nonrecycled consumer goods, fast food in nondegradable containers, and packaging for specified purposes that contains any material that is not naturally degradable. Establishes both civil and criminal penalties for violations. Directs the Administrator of the Environmental Protection Agency and the Secretary of Commerce jointly to issue regulations to govern the designation of goods and materials for noncompliance purposes. Directs the Secretary to publish and periodically update lists of items and materials affected by the prohibition on activities involving nonrecyclable items.
United States · United States Congress · 3 January 1989
Amends the Congressional Budget and Impoundment Control Act of 1974 to exclude, beginning with FY 1990, Federal Old-Age and Survivors Insurance Trust Fund and Federal Disability Insurance Trust Fund receipts and outlays in Federal deficit determinations for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
United States · United States Congress · 3 January 1989
Animal Welfare Protection Act of 1989 - Amends the Animal Welfare Act to empower the Secretary of Agriculture to request the Attorney General to obtain a temporary restraining order for violations of such Act or of regulations promulgated under such Act.
United States · United States Congress · 3 January 1989
Permits certain veterans with service-connected disabilities who are retired members of the uniformed services to receive compensation concurrently with retired pay, without deduction from either.
United States · United States Congress · 3 January 1989
Cable Subscriber Protection Act of 1989 - Amends Federal copyright laws to subject certain secondary transmissions by cable systems to compulsory licensing if: (1) such transmissions take place entirely within the local service area of the primary transmitter and the cable system complies with specified requirements of the Communications Act of 1934; or (2) such transmission takes place wholly or partially beyond the local service area of the primary transmitter. Requires in both instances that carriage of the signals be permissible under Federal Communications Commission rules. Amends the Communications Act of 1934 to define the must-carry requirements with which cable service providers must comply. Redefines "local service area of a primary transmitter."
United States · United States Congress · 3 January 1989
Fairness in Broadcasting Act of 1989 - Expresses the findings of the Congress that the Fairness Doctrine: (1) fairly reflects the statutory obligations of broadcasters; (2) received statutory approval from the Congress in 1959; and (3) reasonably balances first amendment rights. Amends the Communications Act of 1934 to require broadcast licensees to provide a reasonable opportunity for the discussion of conflicting views on issues of public importance. Requires enforcement and application of such requirement to be consistent with the rules and policies of the Federal Communications Commission in effect on January 1, 1987.
United States · United States Congress · 3 January 1989
Prevention, Identification, and Treatment of Elder Abuse Act of 1989 - Directs the Secretary of Health and Human Services to establish an office known as the National Center on Elder Abuse to: (1) compile an annual summary of recently conducted research on elder abuse; (2) develop and maintain an information clearinghouse on all programs for the prevention and treatment of such abuse; (3) compile training materials for personnel engaged in elder abuse prevention; (4) provide technical assistance for the planning and implementation of programs relating to the problems of elder abuse; and (5) investigate the causes and national incidence of elder abuse. Authorizes the Secretary to make grants to or enter into contracts with public agencies or nonprofit organizations for demonstration projects designed to prevent and treat elder abuse. Sets forth the terms and conditions for such grants. Authorizes the Secretary to make grants to States for the development and implementation of elder abuse prevention and treatment programs. Requires such States to have in effect a State elder abuse law with mandatory reporting provisions. Sets forth other requirements for eligibility. Prohibits the use of assistance for construction of facilities. Directs the Secretary to establish criteria to achieve equitable distribution of assistance among the States. Authorizes appropriations.
United States · United States Congress · 3 January 1989
Amends the Federal Salary Act of 1967 to provide that the Commission on Executive, Legislative, and Judicial Salaries shall determine the rates of pay for administrative law judges.
United States · United States Congress · 3 January 1989
Federal Employees Health Care Freedom-of-Choice Act - Amends provisions relating to Federal employee health benefits to authorize direct payment or reimbursement for services performed by a: (1) chiropractor; (2) marriage family therapist; (3) nurse midwife, nurse practitioner, and any other nurse; and (4) mental health counselor. Declares that this Act does not supersede or preempt any State or local law which relates to licensing or certification of health practitioners.
United States · United States Congress · 3 January 1989
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to eliminate the requirement that the amount of monthly benefits payable to a spouse, surviving spouse, or parent be reduced by the amount such individual receives in monthly payments from a Federal or State pension plan.
United States · United States Congress · 3 January 1989
Social Security Notch Act of 1989 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to alter the formula for computing the primary insurance amount of individuals who attain age 65 in or after 1982 and are subject to the benefit computation rules of the Social Security Amendments of 1977.
United States · United States Congress · 3 January 1989
Standardization of Measurement Act of 1989 - Establishes a system of standardization of measurement of high strength steel bolts. Requires the Director of the National Institute of Standards and Technology (NIST) to: (1) issue regulations to establish an approval program for accreditation of laboratories inspecting and testing bolts; (2) publish notice that NIST is prepared to accept applications for accreditation of such laboratories; and (3) set forth conditions under which accreditation of foreign laboratories by their governments meets requirements of this Act. Provides that, during its first year, such approval program shall use standards issued by one or more voluntary consensus standards organization selected by the Director, who shall notify the Congress of such choice. Authorizes the Director, after such year, to substitute other standards and to modify or update them as necessary. Requires that costs of such approval program be fully reimbursable to NIST through fees or other charges for accreditation services. Requires the Director to transmit recommendations and information to appropriate standards organizations. Prohibits, effective January 1, 1991, any bolt from being certified as a high strength steel bolt unless it: (1) comes from a lot conforming to the standards and specifications to which the manufacturer represents it has been manufactured or to which it was ordered by the purchaser; and (2) is evaluated by accredited laboratories or, if a foreign laboratory, is deemed to satisfy accreditation requirements of this Act.
United States · United States Congress · 3 January 1989
First-Time Home Buyer's Act of 1989 - Amends the Internal Revenue Code to spread over a ten-year period the taxation of up to $5,000 of individual retirement plan distributions used by a first-time homebuyer within 90 days to purchase, construct, or reconstruct a dwelling that will be used as the taxpayer's principal residence for at least three years.
United States · United States Congress · 3 January 1989
Social Security Work Incentives Act of 1989 - Title I: Disabled and Working Status under Title II of the Social Security Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to reduce monthly disability benefits by 50 percent of a beneficiary's monthly earnings in excess of $85. Limits the total amount by which an individual's OASDI disability benefits may be reduced if such individual is also eligible for benefits provided under title XVI (Supplemental Security Income) (SSI) of the Act to individuals who perform substantial gainful activity despite severe medical impairment. Prohibits deductions from disability-based child insurance benefits for the recovery of prior overpayments resulting from a failure to reduce such benefits on the basis of earnings. Extends to current OASDI disability beneficiaries the rule preventing reductions in the primary insurance amount for prior recipients. Continues an individual's entitlement to disability benefits while such individual is under disabled and working status, meaning that such individual is earning enough to be considered engaged in substantial gainful activity, but would otherwise continue to satisfy eligibility requirements. Sets a four-year limit on the Medicare hospital insurance eligibility (under part A of title XVIII of the Act) of individuals who owe their eligibility to their disabled and working status under the OASDI program. Amends the Medicare program to authorize such individuals to enroll for hospital insurance benefits upon the termination of such four-year limit. Amends title XIX (Medicaid) of the Act to cover Medicare cost-sharing amounts for individuals of disabled and working status who are entitled to enroll for Medicare hospital insurance benefits and whose income and resources do not exceed 300 percent of the Federal poverty level and the SSI resource eligibility limit, respectively. Requires States to collect a coinsurance percentage from such individuals pursuant to a sliding scale which increases such percentage from 0 to 100 percent in reasonable increments as incomes move from 150 to 300 percent of the Federal poverty level. Extends to all recipients of disability-based child's insurance benefits the rule permitting continued entitlement to Medicaid benefits of individuals who would remain eligible for SSI benefits but for their receipt of such child's insurance benefits. Title II: Amendments Relating to the Disabled and Working Status Program Under Title XVI of the Social Security Act - Amends the SSI program to exclude spousal income in determining a disabled and working individual's eligibility for SSI and Medicaid benefits. Excludes from such an individual's income, for SSI eligibility determinations: (1) earned income necessary for the costs of attendant care services; and (2) if such individual receives a State supplementary payment, impairment-related work expenses. Provides Medicaid coverage to individuals who become ineligible for SSI benefits by reason of a cost of living increase in OASDI benefits. Precludes the attainment of age 65 from serving as a basis for the termination of Medicaid eligibility under the SSI program. Includes State supplementary payments in determining a disabled and working individual's eligibility for SSI and Medicaid benefits. Treats royalties from the publication of an individual's work and scholarships which have not been excluded from income as earned income in determining the SSI and Medicaid eligibility of a disabled and working individual.
United States · United States Congress · 3 January 1989
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
Amends the Uniformed Services Survivor Benefits Amendments of 1980 to entitle certain individuals who were widowed before September 21, 1972, and who are not covered by the Military Survivor Benefit Plan to an annuity.
United States · United States Congress · 3 January 1989
Guam Commonwealth Act - Title I: Political Relationship - Creates the Commonwealth of Guam. Grants the people of Guam the right of full self-government through adoption of a Constitution, consistent with U.S. sovereignty over Guam and the supremacy of U.S. law applicable to Guam, and within specified guidelines. Recognizes the right of self-determination of the people of Guam. Directs the U.S. Government, through additional federally-funded programs, to promote preservation of the Chamorro culture, enhanced economic, social, and educational opportunities for Chamorros, and training of Chamorros for employment. Provides that nothing in this Act or the Constitution of Guam shall impair the U.S. citizenship of the residents of Guam or their descendants or their rights and privileges as U.S. citizens under the 14th amendment to the U.S. Constitution. Directs Guam to establish a land trust for the benefit of the indigenous Chamorro people and to establish residency requirements under the Constitution of Guam for voting and holding elective office. Allows this Act to be modified only with the mutual consent of the Governments of the United States and Guam. Title II: Applicability of Federal Law - Makes specified provisions of, and amendments to, the U.S. Constitution applicable to Guam, in addition to those portions which currently apply. Makes Federal laws, rules, or regulations passed after the date of this Act inapplicable unless mutually consented to by the Governments of the United States and Guam. Creates the Joint Commission on the Applicability of Federal Law. Specifies its duties, including: (1) participating in consultations between the Governments of the United States and Guam; (2) studying existing statutes and regulations affecting the U.S.-Guam relationship; (3) reviewing policies and procedures of Federal agencies relating to such relationship; (4) compiling data; (5) drafting modifications in existing laws, regulations, policies, and procedures and obtaining such modifications by negotiation and mediation concerning issues such as land claims and war claims; and (6) seeking to obtain maximum economic development and political autonomy for Guam, consistent with U.S. security interests. Provides that the United States will bear the cost of the work of the Commission. Authorizes the President or his designee to delegate to the Governor of Guam total or partial performance of functions now vested in Federal administrative agencies. Title III: Foreign Affairs and Defense - Grants the United States responsibility for authority with respect to matters relating to foreign affairs and defense that affect Guam. Provides for U.S. consultation with Guam in advance of negotiations toward any treaties or international or executive agreements affecting Guam, and with respect to proposals to increase or decrease Department of Defense activities within Guam. Prohibits the establishment of military security zones or the stationing of foreign military personnel on the Island of Guam without the approval of the Government of Guam except in time of declared war, or the establishment of military bases without consultation with the Governor. Provides for U.S. assistance to Guam in the establishment of offices in the United States and abroad, in becoming a member or participant in appropriate regional and international organizations, and in obtaining from other countries favorable treatment for exports. Prohibits the United States from utilizing the Island of Guam or the water surrounding it for the dumping or storage of nuclear waste or hazardous chemicals. Provides for the clean up by the United States of chemical dump sites used by the military in the past. Requires the United States to compensate any person injured as a result of hazardous materials stored, used, or disposed of by the U.S. Government in Guam or its waters. Title IV: Courts - Specifies provisions governing the relations between U.S. courts and the local courts of Guam, the jurisdiction of the District Court of Guam, and the applicable district court rules. Provides for the appointment of a judge for the District Court of Guam, a U.S. attorney, and a U.S. marshal for Guam. Title V: Trade - Establishes a Guam-United States free trade area, under which neither party may impose duties, quotas, or other restrictions on each other's products, nor shall the United States treat products of Guam as having originated in any other country. Defines "products of Guam" to mean articles that contain at least 30 percent value added in Guam, and specifies costs included in value added. Authorizes Guam to impose, increase, reduce, or eliminate duties and other restrictions on: (1) products that originate outside the customs territory of the United States and that are imported into Guam; and (2) exports from Guam, whether or not products of Guam. Requires the Governor of Guam to certify that the origin of "products of Guam" is, in fact, Guam, and provides for customs inspections of products brought into the United States. Title VI: Taxation - Makes U.S. income tax laws applicable to Guam. Deems such laws to impose a separate tax, payable to the Government of Guam, to be known as the Guam Commonwealth income tax. Grants the Governor the same administrative and enforcement powers and remedies with regard to such tax (pursuant to the laws of Guam) as the Secretary of the Treasury and other executive branch officials have with respect to U.S. income tax. Sets forth similar enforcement authority with respect to criminal violations, tax liens, and suits to recover erroneously or illegally assessed taxes. Grants the District Court of Guam exclusive jurisdiction over all judicial proceedings in Guam, both criminal and civil, with respect to such tax. Allows the Government of Guam to provide for the rebate or reduction of taxes in order to assist new industries or economic development. Grants Guam the power to determine the nature and amount of taxes imposed upon the income and property of persons within its jurisdiction. Repeals applicable U.S. tax laws one year after Guam has enacted a replacement comprehensive local income tax. Exempts all bonds or other obligations issued by Guam from taxation by Federal, State, or local governments of the United States. Title VII: Immigration - Applies the Immigration and Nationality Act and pertinent Federal regulations to Guam for two years from enactment of this Act. Directs Guam to enact a comprehensive law on immigration to become effective at the end of the two-year period. Provides that such law shall not impair the free movement of U.S. citizens to and from Guam, include the authority to naturalize aliens for U.S. citizenship, or alter the Governor's authority to issue U.S. passports. Authorizes U.S. consular officials to issue visas for travel only to Guam for any alien seeking to enter Guam as a non-immigrant in order to encourage investors and tourists to come to Guam. Title VIII: Labor - Grants preference to qualified residents of Guam in all Federal civil service vacancies occurring in Guam. Grants Guam the authority to enact and enforce all laws regulating or affecting employment in Guam. Provides that all pertinent U.S. laws regulating employment on Guam on the effective date of this Act shall remain applicable until replaced by duly enacted law of the Guam Legislature. Title IX: Transportation and Telecommunications - Precludes application of any U.S. law barring the U.S. registration and use of any foreign-built vessel within the waters around Guam for any purpose. Exempts from the coastwise laws of the United States any shipment of fish or fish products from Guam to any U.S. coastwise destination. Directs the Commission periodically to examine the applicability of such laws and to recommend termination of their applicability upon determining that such laws constrain Guam's economic development. Authorizes the Governor of Guam to sponsor any qualified air service carrier to come to Guam, subject to presidential consultation concerning U.S. foreign policy and security interests. Exempts Guam from all bilateral treaties between the United States and foreign states with respect to scheduling and technical specifications of aircraft, other than safety requirements. Provides that Guam shall remain an "eligible point" for purposes of being ensured essential air transportation to and from the United States. Defines Guam as "domestic" for Federal Communications Commission rate setting purposes. Title X: Land, Natural Resources and Utilities - Grants the Government of Guam the power of eminent domain. Grants Guam jurisdiction over all natural resources of the seabed, subsoil, tidelands, and adjacent territorial waters of the Island of Guam. Sets limits on U.S. acquisition of real property on Guam. Exempts Guam from Federal regulations governing the transfer or sale of excess Federal real property. Provides for the transfer of all excess Federal property to Guam, with specified exceptions. Provides for access and use by the residents of Guam of certain retained Federal property, subject to military security requirements. Authorizes the granting of easements on such property to the Government of Guam in specified circumstances. Directs the United States to transfer ownership of island utilities to Guam. Title XI: United States Financial Assistance - Provides for the return of U.S. revenues from taxes and fees collected in Guam or from its residents or products to the Government of Guam. Makes U.S. laws providing Federal benefits and financial assistance which are applicable to the States likewise applicable to Guam on an equal basis. Directs the Governor of Guam, in preparing an annual budget, to identify the costs and benefits to Guam brought about by its role as one of the principal U.S. military bases. Requires the Governor to submit such information to the Guam Legislature and the Office of Management and Budget for use in reviewing the Governor's request for appropriations for the annual Federal payment to Guam, which request the Governor shall submit to the President for transmission to the Congress each year. Provides for assistance to aid Guam's transition to a Commonwealth, including: (1) U.S. financing of the costs of institutional changes connected with the change in Guam's political relationship with the United States; (2) help in meeting the capital needs of Guam necessary for long-term, self-sustaining development; and (3) establishing an economic development fund to assist expansion of the private sector. Title XII: Technical Amendments and Interpretation - Makes technical and conforming amendments. Calls for this Act to be interpreted liberally to accomplish its purpose of providing for complete, internal self-government for Guam. Requires this Act to be submitted to the registered voters of Guam for ratification after being passed by the Congress. Repeals the Organic Act of Guam.
United States · United States Congress · 3 January 1989
Enterprise Zone Improvements Act of 1989 - Title I: Housing and Community Development Provisions - Amends the Housing and Community Development Act of 1987 to require each Federal agency that provides special assistance to enterprise zones or that waives or modifies rules within such zones to report to the Congress and to the Secretary of Housing and Urban Development identifying its actions. Broadens the scope of funding sources for State and local government actions required in connection with tax relief and regulatory simplification in enterprise zones. Directs Federal agencies to seek to provide special assistance to enterprise zones, including expedited processing, priority funding, program set-asides, and technical assistance. Authorizes all Federal agencies to waive or modify rules within enterprise zones. (Under current law, only the Secretary of Housing and Urban Development and, in some cases, the Secretary of Agriculture may do so.) Adds the promotion of affordable housing and law enforcement as objectives justifying waiver or modification of Federal agency rules in an enterprise zone. Title II: Federal Income Tax Incentives - Subtitle A: Credits for Employers and Employees - Allows employers located in enterprise zones a nonrefundable income tax credit for qualified increased employment expenditures and employment of the disadvantaged. Sets the credit amount at ten percent of the increase in payroll plus a specified percentage of wages paid to certain disadvantaged workers through the first 20 years of the enterprise zone designation. Allows a nonrefundable income tax credit to enterprise zone employees for five percent of wages earned. Phases out both credits in the last four years of the enterprise zone designation. Subtitle B: Credits for Investment in Tangible Property in Enterprise Zones - Allows businesses an additional investment tax credit for investments made in certain enterprise zone construction property. Limits the credit to ten percent for new property, including rental property. Requires the recapture of credit amounts upon the early disposition of the property. Subtitle C: Nonrecognition of Qualified Enterprise Zone Capital Gain Where Acquisition of Enterprise Zone Business Property - Provides for the nonrecognition of capital gain on the sale of enterprise zone property if, within one year after the sale, the taxpayer acquires qualified replacement property (generally defined as property related to an enterprise zone or to a business within a zone). Subtitle D: Deduction for Purchase of Enterprise Stock - Allows a taxpayer to deduct up to $100,000 of the aggregate amount paid for the purchase of enterprise stock on its original issue by a qualified issuer. Treats any gain from the disposition of the stock as ordinary income. Subtitle E: Rules Relating to Private Activity Bonds - Declares that: (1) limitations on the cost recovery deductions for property financed with tax-exempt bonds shall not apply to enterprise zone property; and (2) the termination of the small issue exemption shall not apply to bonds whose proceeds are used to finance facilities in enterprise zones. Subtitle F: Ordinary Loss Deduction for Securities of Enterprise Zone Business Which Become Worthless - Permits an ordinary loss deduction for securities of enterprise zone business that become worthless during the taxable year. Subtitle G: Increase in Research Credit for Research Conducted in Enterprise Zones - Increases from 20 percent to 37 1/2 percent the tax credit for increasing research conducted in enterprise zones. Subtitle H: Sense of the Congress with Respect to Tax Simplification - Expresses the sense of the Congress that the Secretary of the Treasury should simplify the administration and enforcement of any provision of the Internal Revenue Code affected by this Act. Subtitle I: Regulations - Directs the Secretary to issue regulations to carry out the provisions of this Act not later than six months after enactment. Title III: Establishment of Foreign-Trade Zones in Enterprise Zones - Requires the Foreign-Trade Zone Board to consider on a priority basis and to expedite the processing of applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones.
United States · United States Congress · 3 January 1989
Veal Calf Protection Act - Prohibits certain practices in the raising of calves for veal. Describes the practices as the confining of calves in small crates and the feeding of calves with diets deficient in solid foods. Fixes penalties and permits civil actions with respect to prohibited acts.
United States · United States Congress · 3 January 1989
Fair Labor Standards Amendments of 1989 - Amends the Fair Labor Standards Act of 1938 (the Act) to increase the minimum wage per hour from $3.35 in 1989 to: (1) $3.85 in 1990; (2) $4.25 in 1991; and (3) $4.65 in 1992 and thereafter. Provides for biennial adjustments of the minimum wage beginning in 1994. Directs the Minimum Wage Review Board (established by this Act), during the 90-day period beginning January 1, 1994, to review current economic data on wages, prices, and other economic indicators and determine how the minimum wage rate should be adjusted. Directs the Board, by October 1, 1994, to transmit to the Congress a recommendation of the rate that should be placed in effect on January 1, 1995, including an estimate of the economic effects of doing so. Directs the Board to conduct such reviews and transmit such recommendations biennially. Establishes the Minimum Wage Review Board, composed of five members appointed by the President and certain congressional officers. Increases the small business exemption by revising the definition of an enterprise engaged in commerce for purposes of coverage under the Act ("the enterprise test"). Exempts from such coverage retail or service establishments whose annual gross volume of sales or business is less than $500,000 (currently $362,500), effective in 1989. Requires employers who were covered in 1988, but who are exempt under the new threshold, to continue to pay the $3.35 per hour minimum wage. Increases the tip credit under the Act from 40 percent to 45 percent for 1990 and to 50 percent for 1991 and thereafter. (The tip credit deems the amount paid to a tipped employee, for minimum wage purposes, to be increased by an amount determined by the employer, but not by an amount in excess of the specified percentage of the applicable minimum wage rate.)
United States · United States Congress · 3 January 1989
Anti-Apartheid Act Amendments of 1989 - Title I: Sanctions Against Investment in, and Exports to, South Africa and Other Measures (Except Import Restrictions) to End Apartheid - Part A: Amendments to the Comprehensive Anti-Apartheid Act of 1986 and Other Laws - Amends the Comprehensive Anti-Apartheid Act of 1986 to prohibit any investments in South Africa by U.S. persons. Makes exceptions to such prohibition for: (1) investments in a business enterprise 90 percent owned and controlled by South Africans economically and politically disadvantaged by apartheid; and (2) investments made by certain individuals during any period and to the extent that such investments are considered South African emigrant non-resident assets and subject to transfer or disposition restrictions. Authorizes a person to apply for, and the President to grant for good cause, a waiver of such prohibition for up to 180 days. Requires U.S. controlled South African entities that are subject to the investment prohibition and that employ more than 24 South Africans economically and politically disadvantaged by apartheid to: (1) notify employees and employee organizations not less than 90 days prior to termination of the U.S. investment in such entity; and (2) enter into good faith negotiations with representative trade unions regarding the terms of such termination. Prohibits the exportation or reexportation to South Africa of any goods or technology subject to U.S. jurisdiction. Prohibits any such exportation or reexportation by any person subject to U.S. jurisdiction. Exempts from such prohibition publications, donations of food, clothing, and medical supplies, commercial sales of agricultural commodities and products, and goods and technology for use in the gathering or dissemination of information by news media organizations subject to U.S. jurisdiction. Makes such prohibitions inapplicable to: (1) any goods that are the direct product of technology of U.S. origin under a written agreement entered into on or before April 20, 1988, and that are exported within one year of the enactment of this Act; (2) economic assistance or human rights programs for disadvantaged South Africans, South African blacks or other nonwhite South Africans, or victims of apartheid in South Africa; and (3) contributions to charitable organizations engaged in social welfare, public health, religious, educational, or emergency relief activities in South Africa. Repeals specified provisions of the Comprehensive Anti-Apartheid Act of 1986 that: (1) prohibit certain exports to, imports from, and investments in South Africa; (2) set forth U.S. policy toward the recruitment and training of black South Africans; and (3) prohibit U.S. intercession with any foreign government regarding export activities of certain U.S. nationals in South Africa who are not implementing the Code of Conduct. Revises the definition of "loans" for purposes of such Act to prohibit short-term trade financing, sales on open account, and rescheduling of existing loans. Adds other definitions for purposes of such Act. Prohibits any U.S. agency or entity involved in intelligence activities from engaging in any form of cooperation with the Government of South Africa (specifically including the authorities administering Namibia so long as Namibia is illegally occupied). Prohibits any U.S. agency or entity from engaging in any form of cooperation with the armed forces of South Africa. Prohibits funds made available by the Congress from being obligated or expended for any expense related to any prohibited cooperation. States that the President should not: (1) assign or detail any member of the U.S. armed forces to serve as a defense or military attache in South Africa; or (2) accredit any individual to serve as a defense or military attache at a South African diplomatic mission in the United States. Repeals provisions of the Intelligence Authorization Act for Fiscal Year 1987 concerning restrictions on intelligence agency cooperation with South Africa. Prohibits the Secretary of Energy from authorizing any person to engage, directly or indirectly, in the production of special nuclear materials in South Africa. States that South Africa's granting of independence to Namibia is a major policy goal of the United States. Includes such granting of independence as one of several actions South Africa must take to have U.S. sanctions terminated. Revises penalty provisions of the Comprehensive Anti-Apartheid Act of 1986. Establishes within the Department of State a Coordinator of South Africa Sanctions who shall be responsible to the Secretary of State for matters pertaining to the implementation of sanctions against South Africa. Directs the Coordinator to place emphasis on activities related to strategically important trade in oil, coal, computers, specialized machinery and arms, and to financial credits. Sets forth the responsibilities of the Secretary of State in leading and coordinating the activities of other agencies in implementing and enforcing the Comprehensive Anti-Apartheid Act of 1986 and in monitoring other nations' economic relations with South Africa. Requires the Secretary to report annually to the Congress on actions to monitor and enforce such Act and on economic relations between South Africa and each of its trading partners. Establishes an Inter-Agency Coordinating Committee on South Africa to coordinate and monitor the implementation of such Act. Revises provisions of such Act regarding the Code of Conduct and expanded participation in the South African economy. Requires Federal agencies to make efforts to assist businesses more than 90 percent (currently, 50 percent) owned by black or nonwhite South Africans. Amends the Export Import Bank Act of 1945 to require the Bank to insure or participate in the extension of credit to businesses more than 90 percent owned (currently, majority owned) and controlled by black or nonwhite South Africans. Amends the Foreign Assistance Act of 1961 to permit the use of a specified amount of funds authorized for economic development assistance for assistance to disadvantaged South Africans. Specifies that such assistance may include scholarships, the promotion of the participation of disadvantaged South Africans in trade unions and private enterprise, alternative education and community development programs, and training and other assistance (including legal aid) for South African journalists. Lists major trade union federations in South Africa and Namibia as examples of recipients of U.S. assistance to the labor movement. Earmarks a specified amount of such funds for refugee education and assistance for South Africans and Namibians. Prohibits any U.S. person from providing transport to South Africa of a commercial quantity of crude oil or refined petroleum products. Includes in such prohibition transport on a vessel of U.S. registry or on a vessel owned by a U.S. person. Prohibits the Secretary of the Interior from issuing any mineral lease to any national of the United States which is controlled by any foreign person who purchases, acquires, owns, or holds any investment in South Africa or who exports crude oil or refined petroleum products to South Africa. Authorizes the President to waive such prohibitions under specified conditions. Part B: Policy Statements; Reports; Studies; and Other Miscellaneous Provisions - Expresses the sense of the Congress that the President should: (1) direct the Attorney General to conduct an antitrust investigation of the South African controlled international diamond cartel; (2) direct the Secretary of Commerce and the Commissioner of Customs to study the feasibility of identifying at the port of entry the national origin of diamonds entering the United States; and (3) ensure effective and rigorous enforcement of a prohibition on the importation into the United States of uncut South African diamonds by taking specified measures. Expresses the sense of the Congress that: (1) the President should close two of South Africa's consulates general, eliminate all honorary consuls of South Africa in the United States, and forbid expansion of South Africa's embassy staff; and (2) approval of temporary U.S. visas should be granted on a case-by-case basis after considering South Africa's record of allowing its citizens, including apartheid opponents, to travel to the United States. Requires the President to study and report to the Congress on measures to reduce South Africa's foreign exchange earnings from gold. Directs the Secretary of State to report to the Congress on South Africa's involvement in international terrorism. Title II: Sanctions Against South African Imports Into the United States - Prohibits the importation into the United States of any article from South Africa, except: (1) strategic minerals which the President certifies to the Congress are essential for military or economic purposes and are not available from alternative reliable suppliers or through improved manufacturing processes, conservation, recycling, and economical substitution; and (2) publications. Specifies that such prohibition includes: (1) krugerrands or any gold coin minted in South Africa or offered for sale by the Government of South Africa; (2) uranium hexafluoride that has been manufactured from South African uranium or uranium oxide; and (3) fish or seafood which are products of South Africa. Exempts from such prohibition any imports from business enterprises in South Africa that are wholly-owned by persons economically or politically disadvantaged by apartheid. Requires the President to confer with other industrialized democracies in order to reach cooperative agreements to impose sanctions against South Africa to bring about the dismantling of apartheid. Requires the President to report to the Congress concerning such efforts. Requires (currently, encourages) the President to seek United Nations Security Council adoption of the same sanctions against South Africa as are imposed by the United States. Requires (currently, authorizes) the President to impose penalties against foreign persons taking significant commercial advantage of U.S. sanctions against South Africa or comparable sanctions of other industrialized democracies. Includes as such a penalty the restriction of such a person from contracting with U.S. Government entities. Allows the President to waive such penalties for foreign persons of an industrialized democracy that is a party to a cooperative agreement to impose sanctions against South Africa. Requires the President to revoke such waiver if the industrialized democracy is not adequately enforcing the measures provided for under the agreement. Requires that information concerning the extent to which import restrictions are being enforced by other industrialized democracies be included in the Secretary of State's annual report to the Congress. Sets forth provisions pertaining to committee referral in the House of Representatives of joint resolutions pertaining to import restrictions. Requires the President, through the Secretary of Commerce, to submit periodic reports to the Congress setting forth the average amounts of imports of coal or any strategic and critical material entering the United States from each member and observer country of the Council for Mutual Economic Assistance. Requires the President to report annually to the Congress on the program to reduce U.S. dependence on strategic minerals from South Africa. Requires the President to confer with the governments of the African "frontline" States on measures to prevent the circumvention of the import restrictions on South African products imposed under the authority of this Act. Title III: General Provisions - Makes conforming amendments and sets forth the effective date of this Act.
United States · United States Congress · 3 January 1989
Act for Better Child Care Services of 1989 - Amends the State Dependent Care Development Grants Act (subchapter D of chapter 8 of subtitle A of title VI of the Omnibus Budget Reconciliation Act of 1981) to provide for a Federal program for the improvement of child care and to retitle such Act as the State Child Care Development Grants Act of 1989. Sets forth a formula for allotments to States based on numbers of children under age five, numbers of children eligible for free or reduced price lunches under the school lunch program, and per capita income. Authorizes the Secretary of Health and Human Services (the Secretary) to make grants to applicant Indian tribes or tribal organizations for programs and activities under this Act for the benefit of Indian children. Requires the chief executive officer of a State to designate an appropriate State lead agency. Requires the agency to establish several local advisory councils that collectively represent the entire geographical area in the State. Requires States to submit to the Secretary, in order to qualify for assistance under this Act, an application and five-year plan. Requires the plan to set forth procedures designed to ensure that: (1) the parents of children who will receive assisted child care services are permitted to select the eligible child care provider; (2) the State will attempt to place such child with such provider; and (3) each eligible child care provider will provide service to a reasonable mix of children, including those from different socioeconomic backgrounds and those with a handicapping condition. Requires the plan to specify that at least 75 percent of the State allotment will be used to provide qualified child care services to eligible children, on a sliding fee scale basis (according to specified funding methods), with priority given to services to children of families with very low incomes. Requires that at least ten percent of such reserved funds be used to provide for the extension of part-day programs. Requires the plan to make ineligible for assistance under this Act child care providers who are convicted, or who employ as providers of child care services persons convicted of specified Federal and State offenses involving sexual contact with individuals under age 16 or the production or advertisement of child pornography. Sets forth special rules for use of State allotments. Requires that child care services be provided by: (1) contracts with or grants to eligible child care providers for direct services; (2) grants to local governments to contract with direct providers; or (3) child care certificates distributed to parents of eligible children to enable them to purchase such services from such providers. Prohibits financial assistance under this Act from being expended for the construction of any new facility, and sets forth limitations on such assistance for renovation or repair of existing facilities. Authorizes the Secretary to make planning grants, in the first year of their program participation, to States which desire to participate under this Act but cannot fully satisfy the requirements of a State plan without financial assistance. Requires States receiving funds to recognize and assist private nonprofit community-based organizations, public organizations, local governments, or public agencies representing combinations of local governments, as resource and referral agencies for particular areas. Requires resource and referral programs to: (1) identify existing child care services; (2) inform and refer parents to such services; (3) provide for information, training, and technical assistance to existing and potential providers; and (4) provide information on supply of and demand for such services in a community. Requires each participating State to require that all employed or self-employed persons providing licensed or regulated child care complete at least 15 hours per year of specified training. Directs the State to make grants to and enter into contracts with specified entities to provide such training. Requires participating States to provide scholarship assistance to: (1) individuals who seek a nationally recognized child development associate credential for center-based or family child care and whose income is not more than 50 percent above the poverty line; and (2) caregivers who seek to obtain the 15-hour minimum annual training and whose income is not above the poverty line. Requires participating States to carry out activities designed to encourage businesses in the State to support or provide child care services to a reasonable mix of children of employees and nonemployees, including those from different socioeconomic backgrounds. Establishes in the Department of Health and Human Services the position of Administrator of Child Care to: (1) coordinate all Department and other Federal agency activities relating to child care; (2) collect and publish annually State child care standards; (3) evaluate activities founded under this title; (4) act as a clearinghouse for specified matters; and (5) provide technical assistance to States. Establishes Federal enforcement provisions for review of State plans and monitoring of compliance. Sets the Federal share of the aggregate amount to be spent under the State plan at 80 percent, but raises it to 85 percent when the State demonstrates that all child care providers are appropriately licensed and regulated and that those receiving assistance meet certain requirements and minimum standards. Directs the Governor of each participating State to establish a State advisory committee on child care to assist the lead agency. Requires the committee to have a subcommittee on licensing to review the laws applicable to the requirements and policies of each licensing agency. Requires a subcommittee report to the Governor, and requires the Governor, within 60 days of its receipt, to report to the Secretary with comments and a plan for correcting or improving licensing, regulating, and monitoring of child care services and programs. Requires the Secretary to establish a National Advisory Committee on Child Care Standards to: (1) review Federal policies on child care services; (2) submit to the Secretary proposed minimum standards for child care programs; and (3) develop and make available to lead agencies model regulations for resource and referral agencies. Limits the scope of such standards for specified types of child care services and sets forth the administrative procedure for promulgating them. Prohibits financial assistance under this Act for: (1) any sectarian purpose or activity; or (2) any services during the regular grade or high school day, or for which academic credit is given toward graduation, or which supplant or duplicate a public or private school academic program. Prohibits a child care provider from discriminating against any child on the basis of religion when providing child care services in return for a fee paid, reimbursement received, or certificate redeemed in whole or in part with financial assistance provided under this Act. Provides for a review of the operation of a State plan during the five-year period to determine the State's continued eligibility for funds. Makes eligible for services under this Act children: (1) under 13 years of age; (2) whose family income does not exceed 115 percent of the State median income for a family of the same size; and (3) who either reside with a parent or parents who are working, are seeking employment, or are enrolled in a job training or education program, or reside with a parent or parents not thus described and receive or need to receive protective services. Authorizes appropriations for FY 1990 through 1994.
United States · United States Congress · 3 January 1989
Universal Voter Registration Act of 1989 - Entitles any eligible individual to register for any Federal election by mail, in person, or at the appropriate polling place on the day of an election. Declares that such individual may register in person at: (1) a designated place for such individual's current address; (2) any Federal, State, county, or municipal agency that serves the public directly; or (3) any private agency that voluntarily agrees to register voters. Provides that if a State maintains a system of voter registration, such State shall allow an individual to register to vote for elections held on the date of Federal elections, in the manner provided by an approved State plan. Requires such plan to include: (1) the voter registration form to be used for mail registration; (2) provisions for distribution of such forms; (3) election day voter registration; (4) voter registration in agencies which serve the public directly and at private agencies that voluntarily agree to register voters; (5) provisions for prompt notification of registration acceptance; (6) provisions to inform registrants about voting places and times; (7) registration confirmation to insure accurate, inclusive, and uniform voter registration lists; (8) provisions with respect to registration challenges; and (9) a description of State efforts to actively increase voter registration. Requires each State to submit to the Federal Election Commission for approval a voter registration form which allows registration in person or by mail. Allows the form to be similar or identical to postcard application forms under the Uniformed and Overseas Citizens Absentee Voting Act. Specifies requirements for such form, including that it provide for postage paid return delivery to the appropriate State or local official. Requires agencies subject to this Act to provide for year-round registration services. Requires State and local election officials to provide for the availability of sufficient quantities of registration forms. Requires the chief election official of any State to establish a program to confirm voter registration. Sets forth requirements for such program, including: (1) notification systems concerning deaths and changes of address; (2) non-removal from a voter registration list unless a voter has died, changed residence to another jurisdiction, been convicted of a criminal offense or institutionalized for mental incapacity, or requested removal; and (3) voter registration lists comprising eligible voters, voters whose registration cannot be confirmed and whose eligibility may be challenged on election day, and individuals who have been removed from such list not more than four years before the date of the election. Sets forth provisions for challenging election votes, including the use of an affidavit ballot for the challenged voter. Declares that voter registration requirements shall not apply to any State which: (1) provides for voter registration procedures which meet or exceed the standards for State plans; (2) does not require voter registration; or (3) adopts the Federal postcard application form. Requires individuals who register to vote on an election day to establish their identity, place of residence, and qualifications at the time of such registration. Requires each polling place to provide a means of processing such registrants separately from other voters. Authorizes the Federal Election Commission to administer this Act and to provide advice and technical assistance to States. Requires the Commission to report to the Congress every two years on: (1) the effectiveness of efforts to establish and maintain voter registration procedures; (2) the administration of voter registration programs; and (3) recommendations on national voter registration standards. Declares any order of the Commission under this Act to be reviewable by the appropriate U.S. court of appeals. Provides that the appellee shall not be liable for costs. Directs the Commission to make grants to the chief election official of any State which has an approved plan for establishing voter registration programs. Requires such grants to be made to enable and encourage States to computerize voter registration lists and to undertake alternative methods of voter registration. Authorizes the Commission to establish an advisory council of State and local election officials to advise States about voter registration systems. Requires the Commission to develop a formula for the allocation of funds to States and to allocate or reallocate such funds. Requires a State to submit a plan for voter registration to the Commission within two years of enactment of this Act. Requires the Commission to publish proposed regulations for an implementation plan, or portion thereof, for any State which fails to submit a plan or for any State plan determined not to meet the requirements under this Act. Establishes Federal enforcement procedures and penalties for violations of this Act.
United States · United States Congress · 3 January 1989
Pay Equity Technical Assistance Act - Directs the Secretary of Labor to develop and implement a continuing program of information dissemination, research, and technical assistance to public and private entities with respect to correction of wage-setting practices, and reduction or elimination of wage disparities, to the extent that they are based on the sex, race, or national origin of the employee, rather than on the work performed and other appropriate factors.
United States · United States Congress · 3 January 1989
Mental Health and Aging Act of 1989 - Title I: Amendments to Public Health Service Act - Amends the Public Health Service Act to require States to use a specified portion of grants for community health services for programs serving individuals at or over 65 years of age who are not in mental institutions. Directs each State to: (1) increase services informing children, adolescents, elderly individuals, and their families of the availability of community mental health services; and (2) establish and implement a program assuring the quality and effectiveness of community mental health services. Sets forth a community mental health services consumer's bill of rights which includes provisions addressing the right to: (1) receive appropriate treatment in a safe and humane setting pursuant to an individualized, written, treatment plan; (2) exercise personal liberties; (3) make or participate in informed decisions regarding the course of treatment; (4) be notified regarding changes in treatment eligibility status and, upon discharge, referred as appropriate to other mental health service providers; and (5) be informed regarding charges and coverage for such services. Authorizes the Secretary of Health and Human Services to make grants to States, localities, and nonprofit private agencies for mental health services demonstration projects for the planning, coordination, and improvement of community services (including outreach and self-help services) for elderly individuals and for the conduct of research concerning such services. Authorizes appropriations for such projects for FY 1990 and 1991. Reserves specified amounts of appropriations to the National Institute of Mental Health and to the National Institute on Aging for FY 1990 through 1992, which are in excess of FY 1989 appropriations, for programs of clinical training, research training, and career development regarding the mental health of the elderly. Amends the Older Americans Act of 1965 to authorize appropriations for FY 1990 through 1992 for the education and training of personnel concerned with the mental health of the elderly. Amends the Public Health Service Act to reserve specified amounts of appropriations to the National Institute of Mental Health and to the National Institute on Aging for FY 1990 through 1992, which are in excess of FY 1989 appropriations, for research on the mental health and psycho-social well-being of elderly individuals. Amends the Older Americans Act of 1965 to authorize appropriations for FY 1990 through 1992 for research, development, and demonstration projects regarding the mental health of elderly individuals. Requires the Secretary to enter into a contract with the Institute of Medicine of the National Academy of Sciences for the conduct of a study to determine methods for measuring and assuring the quality and effectiveness of mental health services and alcohol and drug abuse treatment services. Requires that the Institute complete such study and report to the Congress. Authorizes appropriations for FY 1990. Directs the Secretary to provide for and report to the Congress by January 1, 1991, on additional studies: (1) comparing mental health services under Medicare (title XVIII of the Social Security Act) and non-Medicare prepaid health plans, and in settings other than prepaid health plans; (2) examining mechanisms for ensuring the quality of, and access to, mental health services delivered by State, local, and independent mental health facilities; (3) examining minority access to community mental health centers; (4) examining the adequacy and optimal utilization of mental health manpower; and (5) examining the adequacy of minority mental health manpower and training. Authorizes the Secretary to conduct demonstration projects to determine methods of increasing minority access to community mental health centers. Authorizes appropriations for such studies and projects. Title II: Changes in Medicare and Medicaid Programs - Amends part B (Supplementary Medical Insurance) of the Medicare program to cover up to 20 physician visits per year to an outpatient suffering from mental disorders if the main purpose of such visits is to assess the individual's status and drug plan, and to perform necessary lab tests. Permits the extension of such limit upon a determination of the necessity of such visits. Covers, under the Medicare and Medicaid (title XIX of the Act) programs, outpatient mental health services furnished in a community mental health center or by a physician, clinical psychologist, clinical social worker, or psychiatric nurse specialist, provided such services would otherwise be covered if furnished by a physician. Provides Medicare coverage of in-home care for up to 120 hours per year for a chronically dependent individual. (Currently, up to 80 hours of such coverage is provided after an individual has incurred catastrophic expenses.) Amends the Medicaid program to define an institution for mental diseases as an institution that has more than 16 beds and: (1) is under the jurisdiction of the State mental health authority; (2) advertises itself as primarily specializing in treating individuals with mental disease; or (3) is made up, for the most part, of patients who do not have a physical condition which in itself requires the level of services provided in a skilled nursing facility. Amends the Medicare and Medicaid programs to require nursing facilities to provide access to medically necessary mental health services. Directs the Secretary to ensure the reasonableness of levels of reimbursement of nursing facilities under the Medicare and Medicaid programs for their provision of mental health services. Requires that Medicare payments for outpatient mental health services be made on an assignment-related basis. Requires Medicare carriers and fiscal intermediaries to provide for reviews to assure appropriate utilization of services covered by this Act. Prohibits charges for covered outpatient mental health services from increasing by more than the average percentage increase of the Consumer Price Index and the Medicare Economic Index. Directs the Secretary to develop a prospective payment system for Medicare outpatient mental health services and report to the Congress regarding such system by January 1, 1991. Amends part A (General Provisions) of title XI of the Act to impose additional conditions on mental health providers' participation in the Medicare and Medicaid programs. Includes among such conditions the requirements that each provider: (1) comply with the consumer bill of rights; (2) provide each consumer with written grievance procedures and written notice of the services to be provided; (3) have the capacity to identify potential clients, provide mental health services, and coordinate their services with those provided by others; and (4) engage in consumer needs assessment and care and discharge planning activities. Requires health maintenance organizations to ensure access to, and the quality of, the outpatient mental health services they provide. Requires peer review organization review of the mental health services for which payment is made under the Medicare or Medicaid program.
United States · United States Congress · 3 January 1989
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
Repeals estate tax provisions of the Internal Revenue Code with respect to inclusion in the gross estate of the value of certain types of transfers with a retained life estate. Applies the repeal retroactively in connection with property transferred after December 17, 1987.
United States · United States Congress · 3 January 1989
Constitutional Amendment - Declares that equality of rights under the law shall not be denied or abridged by the United States or any State on account of sex.
United States · United States Congress · 3 January 1989
Prohibits the President from providing military assistance to El Salvador, including issuing letters of offer, extending credits, issuing guarantees, entering into leases of defense articles, or issuing certain licenses under the Arms Export Control Act. Requires the President to order the prompt withdrawal from El Salvador of specified U.S. military personnel.
United States · United States Congress · 3 January 1989
Title I: Housing and Urban Development - Makes supplemental FY 1989 appropriations for the following Department of Housing and Urban Development programs for the homeless: (1) assisted housing; (2) emergency shelter grants; (3) supportive housing demonstration projects; and (4) supplemental assistance for facilities to assist the homeless. Makes supplemental FY 1989 appropriations for: (1) the Federal Emergency Management Agency's emergency food and shelter program; and (2) the Department of Veterans Affairs medical care for homeless veterans program. Title II: Health and Human Services - Makes supplemental FY 1989 appropriations for the following Department of Health and Human Services programs for the homeless: (1) health services; (2) community mental health and mental health services demonstration projects; (3) alcohol and drug abuse treatment; and (4) emergency community services block grants.
United States · United States Congress · 3 January 1989
Establishes in the House of Representatives the Select Committee on Narcotics Abuse and Control to conduct continuing oversight and review of the problems of narcotics, drug, and polydrug abuse and control.
United States · United States Congress · 21 October 1988
Expresses the sense of the Congress that the Veterans Administration should develop and construct a full-service outpatient clinic in the area of Youngstown, Ohio.
United States · United States Congress · 6 October 1988
Truth in Legislating Resolution - Amends rule X of the Rules of the House of Representatives to require each report or joint explanatory statement accompanying each bill or joint resolution to contain: (1) an identification of each provision which benefits only ten or fewer beneficiaries; (2) the name of each beneficiary; (3) the name of the Member who sponsored such provision and an identification of each such provision requested by a Federal agency or Federal officer; and (4) an estimate by the Congressional Budget Office or the Joint Committee on Taxation of the costs or loss in revenues resulting from such provision.
United States · United States Congress · 4 October 1988
Expresses the sense of the Congress that: (1) the Amateur Basketball Association United States of America and the U.S. Olympic Committee should promote the adoption of rules that would make all basketball players eligible to compete in the Olympic games; and (2) the U.S. Olympic Committee should promote the elimination of the distinction between amateur and professional athletes in all sports for purposes of eligibility to compete in the Olympic games.
United States · United States Congress · 3 October 1988
Expresses the sense of the Congress that the Administrator of the National Aeronautics and Space Administration should: (1) develop a permanent crew rescue capability in support of the Space Station Freedom as an integral element of the space station program, reporting to the Congress on progress; and (2) base a permanent crew aboard the Space Station Freedom only when such rescue capability is in place.
United States · United States Congress · 30 September 1988
Authorizes the Secretary of Transportation to implement specified highway demonstration projects in Youngstown, Ohio, and in Trumbull County Ohio. Authorizes appropriations for such projects for FY 1989. Stipulates that the Federal share of such project costs shall be 60 percent. Authorizes the Secretary to implement construction projects in Mahoning and Trumbull Counties, and in Warren, Ohio.
![Official portrait of Rep. Traficant, James A., Jr. [D-OH-17]](https://www.congress.gov/img/member/t000350_200.jpg)