United States · United States Congress · 3 January 1989
Eliminates provisions of Federal law which restrict premium pay to the minimum rate of basic pay for GS-10 for Federal employees in a position in which: (1) the hours of duty cannot be controlled administratively; (2) a substantial amount of irregular, unscheduled overtime is required; and (3) the employee is generally responsible for recognizing circumstances which require the employee to remain on duty.
United States · United States Congress · 3 January 1989
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
Requires the Secretary of Commerce to ensure that each questionnaire used in a decennial census contain at least one question relating to race or ethnic origin. Requires the question to include: (1) each group identified in the 1980 decennial census; and (2) a means to write in any group not specified. Requires the Secretary, in carrying out any decennial census, to tabulate and make public the general population of Asian Americans and Pacific Islanders both by total and by groups. Declares that the amendments made by this Act may not serve as a basis in the 1990 census for modifying questions relating to Hispanic origin or race.
United States · United States Congress · 3 January 1989
Provides that the Tax Reform Act of 1986 shall be applied and administered as if the three-year basis recovery rule applicable to government employees' annuities had not been repealed.
United States · United States Congress · 3 January 1989
Organ Transplant Assistance Act of 1989 - Amends the Internal Revenue Code to allow taxpayers to indicate on their income tax returns their election to include a cash contribution of at least one dollar, to be used for organ transplant assistance. Establishes in the Treasury the National Organ Transplant Assistance Trust Fund to receive such amounts designated on tax returns. Establishes a program through which Trust Fund monies will be used to finance grants to health care facilities where organ transplants are performed to assist them in providing transplants for individuals unable to afford them. Sets forth general criteria to govern these grants.
United States · United States Congress · 3 January 1989
Repeals the Medicare Catastrophic Coverage Act of 1988. Establishes the Presidential Commission on the Medicare Program to ascertain the health care needs of Medicare (title XVIII of the Social Security Act) beneficiaries, focusing on the potential of covering long-term care under the Medicare program. Requires the Commission to report to the Congress and the President. Authorizes appropriations.
United States · United States Congress · 3 January 1989
Amends the Federal Unemployment Tax Act to institute discretionary denial of unemployment benefits between academic terms to employees serving educational institutions in nonprofessional positions. (Under current law denial is mandatory.)
United States · United States Congress · 3 January 1989
Amends the Internal Revenue Code to remove charitable contributions of appreciated capital gain property as an item of tax preference for purposes of the alternative minimum tax.
United States · United States Congress · 3 January 1989
Amends the Internal Revenue Code to permit an individual income tax deduction for amounts spent to make the taxpayer's principal residence more accessible to and usable by handicapped individuals and elderly individuals.
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
Directs the Secretary of the Army to set aside an appropriate area within Arlington National Cemetery for the unmarked burial of cremated remains of persons entitled to burial in such cemetery.
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
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
Whistleblower Protection Act of 1989 - Separates the Office of Special Counsel from the Merit Systems Protection Board. Empowers the Special Counsel to represent and act as legal counsel on behalf of employees alleging prohibited personnel practices, especially whistleblowers. Revises current law with respect to the Special Counsel to reflect its advocate status. Authorizes the Board to grant protective orders to protect a witness or other individual from harassment during either a proceeding before the Board or a Special Counsel investigation. Requires the Board, when it considers alternative places for conducting hearings or proceedings, to select the place closest to the location of the individual involved, unless the total administrative cost to the Government in conducting such hearings or proceedings would be less elsewhere. Authorizes the Special Counsel to file a petition to the Board against an official for: (1) engaging in prohibited personnel practices; (2) violating a law within the jurisdiction of the Special Counsel; or (3) failing to comply with an order of the Board. Sets forth procedures for disciplining such officials. Prohibits the Special Counsel from intervening in cases without the employee's consent, unless: (1) the employee is charged with a prohibited personnel practice; or (2) the Special Counsel allows an agency to take disciplinary action against an employee under Special Counsel investigation. Prohibits the Special Counsel from providing information concerning any person making an allegation of a prohibited personnel practice, except in accordance with applicable law, without the consent of such person. Prescribes procedures for the Special Counsel when disclosures are made by persons other than an employee, former employee, applicant for employment, or employee who obtained information in connection with official duties. Requires the Special Counsel to report annually to the Congress on its activities. Establishes requirements for the Special Counsel to make public certain information, including noncriminal matters. Authorizes employees who have been adversely affected by a prohibited personnel practice to bring an action before the Board (instead of or in addition to taking such action to the Special Counsel). Prohibits reprisals against an employee for disclosing information to the Inspector General of an agency or to the Special Counsel, or for failing to follow orders to disobey a law. Authorizes Federal agencies to give preference in granting transfers to whistleblowers. Provides interim relief for certain appellants to the Board. Authorizes appropriations for the Merit Systems Protection Board for FY 1989 through 1993 and for the Office of Special Counsel for FY 1989 through 1991. Provides that the relevant agency shall be named respondent in employee appeals of Board decisions where the appeal involves the underlying personnel action or a request for attorney fees.
United States · United States Congress · 3 January 1989
New Columbia Admission Act - Declares the State of New Columbia (presently the District of Columbia) to be a State of the United States of America. Admits New Columbia into the Union on an equal footing with the other States in all respects. Reserves Federal title to certain lands and property. Directs the Governor to submit the Governor's request regarding the amount of an annual Federal payment to the Congress not less than seven months before the beginning of a fiscal year for which a request is made. Requires the request to contain a report on services rendered to the Federal Government, potential revenues lost because of the presence of the Federal Government, and potential revenues gained because of the presence of the Federal Government. Sets forth election protocol for popular ratification of statehood. Provides for election of one member of the House of Representatives as well as two Senators. Maintains the laws that were territorially in effect. Continues any law suits already pending in District of Columbia courts. Establishes a Statehood Transition Commission.
United States · United States Congress · 3 January 1989
Hunger Emergency Assistance and Relief Trust Act of 1989 - Amends the Internal Revenue Code to allow individuals to designate on their income tax returns a contribution of all or part of their tax refunds to the Hunger Emergency Assistance and Relief Trust. Establishes in the Treasury the Hunger Emergency Assistance and Relief Trust (trust fund) to distribute hunger relief funds to qualified nonprofit hunger relief services organizations. Appropriates to the trust fund amounts equal to those designated on tax returns. Describes standards and procedures for the distribution of trust fund monies. Specifies a number of restrictions with respect to the activities of recipient organizations, including limitations on administrative expenses. Requires the Hunger Commission to submit to specified congressional committees an annual report detailing trust fund expenditures. Establishes a Hunger Commission to administer the distribution of funds to qualified hunger relief services organizations on a matching grant basis. Permits a maximum award of $100,000 to any single qualified organization in any fiscal year. Requires that: (1) at least 50 percent of amounts received into the trust fund in any year be paid to qualified organizations; and (2) monies in the trust fund be distributed within 180 days of their receipt there. Authorizes appropriations.
United States · United States Congress · 3 January 1989
Family Education Assistance Act of 1989 - Amends the Internal Revenue Code to allow an individual income tax deduction for contributions to a savings account established to pay the educational expenses (tuition, supplies, meals, and lodging) of the taxpayer's child or certain other relatives at an institution of higher education or a vocational school. Limits the deduction to $1,500 annually (adjusted for inflation) for each account. Disallows the deduction for contributions to an account maintained for any individual aged 19 or older. Requires any account balance to be distributed after the beneficiary attains age 30. Permits an exclusion from the gross income of the contributor or the beneficiary of account distributions used to pay educational expenses of the latter. Exempts an account from taxation (except for the tax on unrelated business income of a charitable organization), unless a contributor or the beneficiary engages in specified prohibited transactions in connection with it. Imposes a ten percent surtax on distributions not used for educational purposes. Requires the account trustee to report to the Secretary of the Treasury and to the account's beneficiary concerning the account. Imposes a penalty for failure to report. Allows taxpayers who do not otherwise itemize deductions to deduct for contributions to an education savings account. Imposes penalty taxes in connection with excess contributions or prohibited transactions associated with an account.
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
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
Expresses the sense of the House of Representatives that neither the President nor the Congress should impose import fees on the importation of crude oil or refined petroleum products.
United States · United States Congress · 3 January 1989
Establishes in the House of Representatives the Select Committee on Children, Youth, and Families to conduct a comprehensive study and review of the problems of children, youth, and families.
United States · United States Congress · 3 January 1989
Amends rule XXIV and rule I of the Rules of the House of Representatives to require the rendering of the Pledge of Allegiance in the House at the start of each legislative day.
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 · 3 January 1989
Expresses the sense of the Congress that it should immediately begin to develop a method of paying for catastrophic health insurance costs which more equitably distributes such costs than the method established under the Medicare Catastrophic Coverage Act of 1988.
United States · United States Congress · 21 October 1988
Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act to make the U.S. residency requirement for SSI eligibility inapplicable to a child accompanying a parent who is a member of the armed forces serving a tour of duty overseas.
United States · United States Congress · 20 October 1988
Veterans Entrepreneurship Promotion Act of 1988 - Title I: Findings, Purposes, and Definitions - Sets forth congressional findings and purposes with respect to small businesses owned and controlled by veterans. Amends the Small Business Act to add veteran-related definitions used in this Act. Title II: Procurement Assistance - Amends the Small Business Act to include small business concerns owned and controlled by veterans as a discrete group with respect to which the head of each Federal agency must establish goals for participation in procurement contracts. Requires annual reports to the Congress on the extent of participation by such businesses in agency procurement contracts. Includes veteran-owned businesses as a targeted group for purposes of Government contracts and subcontracts. Directs Federal agencies, in their procurement activities, to engage in affirmative action to identify and solicit offers from small businesses owned and controlled by veterans, by socially and economically disadvantaged individuals, and by veterans with service-connected disabilities. Title III: National Veterans Business Council - Establishes the National Veterans' Business Council to review the status of veteran-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 IV: Statistical Data - Directs: (1) the Bureau of Labor Statistics to include in its census reports on veterans 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 veterans; (3) the Small Business Administration'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 by veterans, by socially and economically disadvantaged individuals, and by veterans with service-connected disabilities. Requires the President's annual Report on Small Business and Competition to include in separate detail information relevant to small businesses owned and controlled by veterans, by socially and economically disadvantaged individuals, and by veterans with service-connected disabilities.
United States · United States Congress · 30 September 1988
Title I: One-Year Delay in Implementation of Medicare Catastrophic Coverage Act of 1988 - Delays the implementation of the Medicare Catastrophic Coverage Act of 1988 for one year. Title II: Bipartisan Commission to Review the Medicare Catastrophic Coverage Act - Establishes the Commission to Review the Medicare Catastrophic Coverage Act to study: (1) the effect implementation of such Act will have on Medicare (title XVIII of the Social Security Act) beneficiaries who currently have supplementary coverage; (2) how the Act's benefits compare with the benefits provided by supplementary coverage; (3) the access Medicare beneficiaries who do not have supplementary or Medicaid (title XIX of the Social Security Act) coverage have to necessary health services; (4) the feasibility and likely cost of implementing the Act's drug benefits; and (5) the benefits and financing mechanisms which Medicare beneficiaries prefer. Directs the Commission to report its findings and recommendations to the Congress within six months of this Act's enactment.
United States · United States Congress · 30 September 1988
Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to prohibit persons from dumping sewage sludge or industrial waste into the ocean without a permit. Prohibits all such dumping after 1992. Imposes dumping fees which increase with the approach of 1993. Requires that 85 percent of such fees be deposited in a trust account for the development of environmentally sound alternatives to ocean dumping or improvement in sewage sludge and industrial waste treatment and storage techniques. Pays the remainder of such fees to the Administrator of the Environmental Protection Agency for ocean dumping permit, enforcement, research, and monitoring activities. Conditions receipt of an ocean dumping permit upon the entering into of a compliance or enforcement agreement with the Administrator which includes a plan for the phasing-out and cessation of ocean dumping and the implementation of alternatives to such dumping. Waives dumping fees charged against persons who have entered into a compliance agreement. Imposes civil monetary penalties against persons who dump sewage sludge or industrial waste into the ocean after 1992. Requires that 90 percent of such penalties be paid into the trust accounts in 1993, with five percent reductions in such allotment for each succeeding year. Pays the remainder to the Administrator for the activities to which dumping fees are devoted. Sets forth reporting requirements. Requires that fees and penalties not needed for use by the Administrator for permit, enforcement, research, and monitoring activities be used for making capitalization grants to New York and New Jersey for the establishment of a revolving fund to assist specified water pollution control efforts under the Federal Water Pollution Control Act. Directs the Administrator to issue orders requiring ocean dumpers to cease such dumping until they enter into a compliance or enforcement agreement and obtain a permit. Authorizes the Administrator to request the Attorney General to commence civil actions against persons who violate such orders or this Act's ocean dumping provisions. Prohibits persons from disposing of sewage sludge at any landfill located on Staten Island, New York. Requires that New York and New Jersey use at least 20 percent of their capitalization grant and contribution associated with such grant within six months of receipt of such grant to assist persons in developing and implementing environmentally sound alternatives to ocean dumping of sewage sludge and industrial waste. Directs the Administrator to report to the Congress, within six months of this Act's enactment, on ocean discharge guidelines established pursuant to the Federal Water Pollution Control Act. Requires the President, in submitting his budget for FY 1990, to include a schedule and an estimate of the resources needed for achieving compliance with such guidelines.
United States · United States Congress · 27 September 1988
Chemical Warfare Control Act - Amends the Export Administration Act of 1979 to set forth as U.S. policy the use of export controls to curtail transfers of material and technology used in producing chemical weapons. Requires the President to prepare a list of materials and technology which would assist a country's chemical warfare capability. Prohibits the export of such materials and technology to Iran, Iraq, Libya, or Syria or, at the President's discretion and upon notification to the Congress, to additional countries. Authorizes the President to waive such prohibition upon determining that an export will not assist a country's chemical warfare capability. Authorizes the exclusion of any country from such prohibition beginning 30 days after the President submits the name of such country to the Congress. Requires the President, no later than 90 days after enactment of this Act and every 180 days thereafter, to submit to specified House and Senate members and committees a report on: (1) the efforts by Iran, Libya, and Syria to acquire the materials to produce chemical weapons; and (2) the present and future capability of such countries to produce such weapons. Requires the report to: (1) assess whether Communist-bloc countries have aided such countries in acquiring such materials; (2) list companies in non-Communist countries which have exported items on the President's list to such countries; and (3) provide credible information that any non-Communist country has aided such countries. Directs the President to apply sanctions to any foreign person who exports any item on the list to any such country. Requires that such sanctions prohibit: (1) contracting with and procuring products and services from a sanctioned person by the U.S. Government; and (2) importing products produced by such person into the United States. Declares that the President shall not apply sanctions in the case of procurement of defense articles and services if: (1) the articles and services are under existing contracts; (2) the President determines that the person to whom sanctions would apply is the sole supplier of essential defense articles or services; or (3) the President determines that such articles or services are essential to national security. Prohibits the application of sanctions to: (1) contracts entered into before the President notifies the Congress of the intention to impose sanctions; (2) spare parts; (3) component parts; (4) routine servicing and maintenance of products; or (5) information and technology.
United States · United States Congress · 26 September 1988
Expresses the sense of the Congress that both the Democratic and Republican presidential candidates should publicly support making specified appropriated amounts available for obligation for the space station program, and should endorse its continued funding.
United States · United States Congress · 23 September 1988
Prohibits the Secretary of Transportation from issuing regulations under the Hazardous Materials Transportation Act that characterize anhydrous ammonia as a poisonous gas.
![Official portrait of Rep. Horton, Frank J. [R-NY-29]](https://www.congress.gov/img/member/h000797_200.jpg)