United States · United States Congress · 25 April 1989
Amends the Federal criminal code to provide enhanced criminal penalties for kidnapping children. Provides a minimum sentence of ten years' imprisonment (life imprisonment if any listed aggravating conduct exists) for such violation. States that persons sentenced under this Act shall not be granted a probationary or suspended sentence, and shall not be eligible for parole during the first five years (20 years if the offender engaged in any listed aggravating conduct) of such imprisonment. Includes as aggravating conduct: (1) selling the victim of such offense; (2) sexually abusing such victim; (3) using such victim for pornography; or (4) intentionally harming such victim physically to a life-threatening extent.
United States · United States Congress · 25 April 1989
Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to provide that the term "owner or operator" does not include: (1) commercial lending institutions (banks, savings and loan associations, and trust companies) which acquire property to realize a security interest; and (2) a corporate fiduciary with legal title to property in order to administer an estate or trust.
United States · United States Congress · 17 April 1989
Holloway-Schulze Toddler Tax Credit Act of 1989 - Amends the Internal Revenue Code to allow the custodial parent a refundable income tax credit for each dependent child under the age of six (five in 1990 through 1993). Establishes the credit amount as the lesser of $1,000 or 12 percent of income below $10,000 for a single qualified dependent. Limits application of the credit to two eligible dependents. Reduces the credit for taxpayers earning more than $10,000. Makes this credit and the employment-related dependent care credit mutually exclusive. Applies phase-in amounts for tax years beginning in 1990 through 1993. Indexes post-1994 credit amounts. Provides for advance toddler tax credit payments by employers to employees who provide certification of eligibility. Requires taxpayers to file information returns to reflect these payments. Reduces the amount of the employment-related dependent care credit for taxpayers with adjusted gross income above $50,000. Disallows application of the credit with respect to a taxpayer's dependent under age 13 who is physically and mentally capable of self-care. Repeals the income tax exclusion applied in connection with amounts furnished to an employee in accordance with an employer dependent care assistance program.
United States · United States Congress · 13 April 1989
National Agricultural Weather Information System Act of 1989 - Directs the Secretary of Agriculture to: (1) establish in the Department of Agriculture an Agricultural Weather and Climatology Office to plan and administer the National Agricultural Weather Information System (to be comprised of such Office and the State agricultural weather information systems); and (2) establish the Agricultural Weather and Climatology Advisory Board. Authorizes the Secretary, acting through the Office, to: (1) enter into cooperative activities; and (2) provide grants for atmospheric and climatology research and for State agricultural weather information systems. Authorizes FY 1990 through 1995 appropriations.
United States · United States Congress · 13 April 1989
Amends the Internal Revenue Code to establish a new test for determining whether an employee health plan meets the new (section 89) nondiscrimination requirements for coverage and benefits. Considers a plan as meeting the requirements if: (1) it does not contain eligibility provisions that discriminate in favor of highly compensated employees; (2) the taxable benefit of any highly compensated employee is limited to 133 percent of the premium made available to 90 percent of the employees who are not in this category; and (3) the employer maintains at least one qualified plan that consists primarily of core health benefits and does not require employee weekly contributions of more than $10 per week ($25 for family coverage) (indexed for inflation), and at least 90 percent of all employees who are not highly paid employees are eligible to participate in such a plan. Revises the definition of "highly compensated employee." Increases from 17 1/2 hours to 25 hours per week the threshold number of work hours triggering requirements with respect to part-time employees. Adjusts benefits and requirements in connection with employees who work less than 30 hours per week. Applies the requirements separately in connection with employees covered by a collective bargaining agreement. Permits an employer to disregard leased employees in connection with requirements if specified conditions are met. Imposes a 34 percent tax on employers in connection with amounts paid or incurred during any taxable year under a specified employee benefit plan that does not meet enumerated general criteria, including that it be in writing, be maintained exclusively for the benefit of employees, and provide for employee notice about benefits. Repeals nondiscrimination provisions as applied to group-term life insurance. Amends the Technical and Miscellaneous Revenue Act of 1988 to delay application of the requirements with respect to retired employees. Requires employers to report to highly compensated employees amounts of taxable fringe benefits. Imposes a penalty for failure to report.
United States · United States Congress · 13 April 1989
Authorizes the Raoul Wallenberg Tribute Committee to establish a work to honor Raoul Wallenberg on Federal land in the District of Columbia or its environs. Prohibits the United States from paying any expense of the establishment of the work.
United States · United States Congress · 6 April 1989
Missing Service Personnel Act of 1989 - Requires the responsible uniformed service commander, after receiving notice that a person under his command is missing, to conduct an informal investigation to determine such person's whereabouts and, if appropriate, to place such person in a missing status. Requires the commander, if a person has been placed in such status, to notify the officer holding general court-martial authority over such person (or, in the case of a missing civilian, the Secretary concerned), who shall convene a board of initial inquiry within 45 days. Requires such board to: (1) investigate evidence relating to the disappearance of such person; (2) recommend whether to continue such person in a missing status or make a finding that such person has deserted, is absent without leave, or is dead; and (3) report its recommendations and findings. Provides for the convening of a board of further inquiry, if a board of initial inquiry recommends that such person be continued in a missing status, within one year of such recommendation. Requires such board to analyze any information which has become available since the board of initial inquiry issued its report, to determine whether such person should be continued in a missing status or declared dead, and to report its findings. Directs the Secretary concerned, upon the written request of a member of the immediate family of a missing person who, before the date of the enactment of this Act, was determined by the Secretary to be dead, to: (1) convene a board of further inquiry to determine whether such finding of death should be upheld or such person should be placed in a missing status; and (2) report its findings. Requires the Secretary, within three years after a board of further inquiry recommends a missing status for any person, to reconvene such board to review such status. Specifies the composition of such boards. Directs the Secretary to invite each member of the immediate family of the missing person to the meetings of a board of initial inquiry unless attendance would place such member in danger. Requires the Secretary to: (1) invite family members of missing persons to meetings of boards of further inquiry; (2) schedule such meetings at convenient locations and times; (3) provide such family members with reasonable notice of such meetings; and (4) open such meetings to the general public. Authorizes each board to hold meetings, take testimony, receive evidence, and secure directly from any U.S. department or agency any information necessary to carry out its duties. Provides for the appointment of counsel by the officer or Secretary concerned to represent the missing person. Requires that, if a board determines that a missing person is dead, it shall include in its report a detailed description of the location and date of death, whether the body has been recovered, and whether a licensed practitioner of forensic medicine determined that the body recovered is that of the missing person. Prohibits any such board from declaring a missing person dead unless: (1) evidence other than the passage of a period of less than 50 years suggests that such person is dead; (2) no evidence which reasonably suggests that such person is alive is in the possession of the Government; (3) representatives of the Government have made a complete search of the area where such person was last seen (unless the United States is not granted access to such area); and (4) Government representatives have checked the records of the government or entity having control over the area where such person was last seen (unless the Government is not granted access to such records). Provides for judicial review of determinations of death upon the filing of a written petition by any member of the missing person's immediate family. Directs the Secretary of the uniformed service in which a missing person serves to make certain that such person's personnel file contains all information in the possession of Federal departments and agencies pertaining to the disappearance or whereabouts of such person. Requires the Secretary to make certain that, if classified information is withheld, such file contains: (1) a notice that the information exists; and (2) a notice of the date of the most recent review of the classification status of the information. Sets forth penalties for knowingly withholding information pertaining to the disappearance or whereabouts of a missing person from that person's personnel file. Requires the Secretary concerned to make the contents of such file available to a member of the immediate family of such person upon written request.
United States · United States Congress · 5 April 1989
Authorizes the President to present a gold medal, on behalf of the Congress, to each of the following individuals in recognition of their contributions to this Nation's cultural heritage: (1) Frank Capra; (2) James Stewart; and (3) Fred Zinnemann. Requires the Secretary of the Treasury to design a different gold medal for each such individual. Authorizes appropriations. Authorizes the Secretary to strike and sell bronze duplicates of such medals at a price sufficient to cover the costs of such duplicates and the gold medals. Requires the appropriations to be reimbursed out of the sales proceeds. Designates all such medals as National Medals.
United States · United States Congress · 4 April 1989
Sets forth a formula, beginning with the 1989 grazing year, for determining fees for domestic livestock grazing on public rangelands. Bases the formula on the base established by the 1966 Western Livestock Grazing Survey, the Forage Value Index, and the adjusted Beef Cattle Price Index. Prohibits annual fee adjustments greater or less than 25 percent.
United States · United States Congress · 3 April 1989
Designates the week of October 22 through October 29, 1989, as Drug-Free America Week. Encourages every American to wear red during such week to symbolize a commitment to a drug-free lifestyle.
United States · United States Congress · 23 March 1989
Criminal Assault Weapon Penalty Act of 1989 - Provides for enhanced penalties for the possession or use of a semiautomatic firearm with an ammunition clip capacity of ten or more rounds or a short-barrelled shotgun during a crime of violence or a drug trafficking crime.
United States · United States Congress · 23 March 1989
Child Care Services Improvement Act of 1989 - Title I: Choices for Working Families Credit - Amends the Internal Revenue Code to increase the amount of the earned income tax credit and to adjust it according to the number of children in a family. Title II: Child Care Block Grant - Subtitle A: Child Care Block Grant - Amends title XX of the Social Security Act to authorize appropriations for FY 1990 through 1992 for allotments to States for grants to eligible entities for child care related projects. Directs the Secretary of Health and Human Services (the Secretary for purposes of this title) to make allotments to States through a formula based on the number of children under 13 years of age living in a household whose income is not greater than 200 percent of the poverty level, adjusted for family size. Sets the Federal share at 80 percent of the project grants. Makes eligible for such grants: (1) local government units, including school districts; (2) nonprofit organizations; (3) professional or employee associations; (4) one or more small businesses; (5) higher education institutions; (6) hospitals or health care facilities; (7) family care providers; or (8) entities the State considers able and appropriate to carry out such a project. Allows a State to make such grants to eligible entities for: (1) child care certificate programs or scholarships enabling low-income families to obtain adequate child care; (2) community or neighborhood child care centers and homes, including renovation of public buildings for such purposes; (3) after school child care programs; (4) grants or loans for start-up costs of employer-sponsored child care programs; (5) training programs for child care providers; (6) temporary care of sick children unable to attend their regular child care programs; (7) expansion of existing part-day child care programs into full-day child care programs; (8) child care programs for homeless children; and (9) child care programs with programs to assist the elderly. Requires States to meet specified certification requirements, including establishment of standards of accreditation or licensing for family-based and group child care providers and methods of inspection and certification based on such standards. Requires annual State reports. Directs the Secretary to summarize State reports annually for the Congress. Requires grant recipients to cover between ten percent and 50 percent of the project cost with non-Federal funds. Directs each State Governor to establish an advisory council on child care. Directs the Secretary to conduct and support: (1) research on the effectiveness of early childhood education and quality child care on child growth and development; and (2) demonstration programs to test the effectiveness of innovative child care arrangements and programs (including at least ten grants to entities in accordance with subtitle B of this title). Subtitle B: Quality Child Care Demonstration Projects - Authorizes the Secretary to make grants to not more than ten eligible public agencies and private entities, in urban and rural areas, to administer child development models. Directs the Secretary to report to the Congress by April 1, 1992, on the operation of the child development models that received grants, with a summary of their evaluation reports. Subtitle C: Revolving Loan Fund - Provides assistance for State-established revolving loan funds to enable family-based child care providers to meet accreditation or licensing standards. Requires each applicant State to provide in its plan for such assistance to have established a revolving loan fund along with specified procedures and guidelines. Authorizes appropriations for FY 1990, to remain available for assistance to States for FY 1990 through 1992. Directs the Secretary to make allotments to States through a formula based on the number of children under 13 years of age. Title III: Building Blocks for Employer/Employee Child Care Partnerships - Amends the Internal Revenue Code to provide that a plan shall not be treated as a cafeteria plan unless it provides an option to choose benefits under a dependent care assistance program. Establishes a tax credit for employers who provide qualified child care facilities. Provides that certain earnings from the provision of qualified family-based or in-home child care services are entitled to: (1) special rules for and a lower rate of self-employment tax; and (2) exemptions from wage withholding and estimated tax requirements (under the Internal Revenue Code and the Social Security Act). Title IV: Child Care Liability - Subtitle A: Child Care Liability Reform - Applies the provisions of this subtitle, with specified exceptions, to any civil action, in any State or Federal court, against any child care provider who is in compliance with the licensing or accreditation requirements of the State in which the provider is located. Makes this part inapplicable to civil actions for intentional torts. Provides that this part shall preempt and supersede Federal or State law only to the extent such law is inconsistent with this part. Sets forth certain defenses, rules, and rights which are not affected by this part. Makes joint and several liability inapplicable to any action subject to this subtitle. Makes an exception for concerted actions. Provides for reduction of awards for damages in cases of collateral sources of compensation. Sets forth standards and procedures for the award of punitive or exemplary damages in civil actions to which this subtitle applies. Provides that nonprofit corporations or local educational agencies are not liable for damages in any civil action to which this subtitle applies which is brought against a separate child care-providing corporation or business organization of which they are the parent or majority owners. Encourages States to establish expedited and simplified procedures under which nonprofit organizations and local educational agencies may inexpensively and quickly incorporate or otherwise organize such entities as separate child care providers. Subtitle B: Child Care Liability Risk Retention Group - Authorizes any State to assist in the establishment and operation of a child care liability risk retention group (i.e. a corporation or other limited liability association whose members are child care providers licensed or accredited pursuant to State or local law or standards and which otherwise satisfies specified criteria for risk retention groups). Requires State plans to: (1) identify the lead agency designated and responsible for the administration of funds under this part; (2) provide that all participants in the child care liability risk retention group are child care providers who are licensed or accredited pursuant to State or local law or standards; (3) provide for maximum membership of family-based child care providers in the group; (4) provide that the State shall use at least the amount allotted to establish or maintain a liability risk retention group for child care providers; and (5) specify how any such liability risk retention group will continue to be financed after FY 1992, including financing through contributions by the State or by members of such pool. Directs the Secretary of Health and Human Services to review and approve State plans and to monitor State compliance with requirements of this subtitle. Provides for suspension of payments upon a finding of noncompliance. Authorizes appropriations for FY 1990 to remain available for assistance to States for FY 1990 through 1992. Directs the Secretary of Commerce to allot funds to States on the basis of the number of children under 13 years of age. Title V: President's Award for Responsive Management Policy - Establishes the President's Award for Responsive Management Policy to honor public and private sector employers who have: (1) successfully implemented in their businesses family-oriented personnel programs and policies responsive to child care needs of working parents; or (2) made significant contributions to child care projects in their communities. Directs the President, through the Secretary of Labor, to solicit nominations.
United States · United States Congress · 23 March 1989
Designates the week beginning September 1, 1989, as World War II Remembrance Week in commemoration of the 50th anniversary of the outbreak of that War.
United States · United States Congress · 22 March 1989
Amends rule X of the Rules of the House of Representatives to establish the Committee on Drug Abuse and Control. Terminates the Select Committee on Narcotics Abuse and Control.
United States · United States Congress · 20 March 1989
Utah Public Lands Wilderness Act of 1989 - Designates certain specified lands in Utah as components of the National Wilderness Preservation System. Provides for continuation of existing grazing on such lands. Requires those areas in Utah administered by the Secretary of the Interior which are not designated as wilderness to be managed for multiple use.
United States · United States Congress · 20 March 1989
Repeals provisions of the Internal Revenue Code that limit the deductibility of contributions to individual retirement plans by active participants in employer-maintained retirement plans.
United States · United States Congress · 15 March 1989
Research and Experimental Credit Extension and Reform Act of 1989 - Amends the Internal Revenue Code to make permanent the income tax credit for qualified research expenditures by repealing the provisions that would terminate the credit for expenses incurred or paid after 1989. Revises the method for computing: (1) base period research expenses, adding a factor reflecting the gross national product growth rate; and (2) the tax credit, adding an alternative computation component. Applies the credit to in-house research expenses that the taxpayer pays or incurs for the principal purpose of using the research results in the active conduct of a future trade or business.
United States · United States Congress · 14 March 1989
Amends the Internal Revenue Code to exclude from the gross income of an individual up to $10,000 of distributions from an individual retirement account or qualified pension plan used within 180 days to purchase a residence that will be the first residence in which the taxpayer has a present ownership interest. Reduces the excludible amount for taxpayers with adjusted gross income above $30,000 ($50,000 for joint returns). Exempts from the penalty tax on early distributions from qualified retirement plans comparable withdrawals used to purchase the first residence in which the taxpayer's child has a present ownership interest.
United States · United States Congress · 14 March 1989
Eliminates post-1968 service in the National Guard as a prerequisite to civil service retirement credit for former National Guard technicians. Amends the National Guard Technicians Act of 1968 to eliminate post-1968 service as a prerequisite for National Guard technicians for receipt of credit in the determination of length of Federal civil service for purposes of leave, Federal employees' death and disability compensation, group life and health insurance, severance pay, tenure, and status. Sets forth rules for applying provisions of this Act to affected individuals.
United States · United States Congress · 8 March 1989
General Aviation Standards Act of 1989 - Amends the Federal Aviation Act of 1958 (with respect to aviation accident investigations) to apply such Act, with specified exceptions, to any action for damages for harm arising out of a general aviation accident brought against a manufacturer, owner, or operator of a general aviation aircraft, or a person who supports or maintains such aircraft or any other person or governmental entity. Establishes guidelines for uniform standards of liability of general aviation manufacturers for such accidents. States that all actions for harm arising out of a general aviation accident shall be governed by the principles of comparative responsibility. Establishes, with specified exceptions, a limitation of actions period of 12 years from delivery of aircraft or harm-causing part to the purchaser for general aviation civil liability brought against a general aviation manufacturer. Declares admissible as evidence certain income tax and payroll tax liability for purposes of establishing financial harm arising out of a general aviation accident. Permits the award of punitive damages if a claimant establishes by clear and convincing evidence that the harm suffered was the direct result of conduct manifesting conscious, flagrant indifference to safety. Establishes a two-year limitation of actions period for actions arising out of such an accident. Confers original jurisdiction upon the Federal district courts, concurrently with State courts, for all civil actions for harm arising out of a general aviation accident. Provides procedures for removal from State to Federal district courts of such actions. Declares that this Act supersedes any State law regarding recovery of damages for harm arising out of a general aviation accident. Declares the intent of the Congress that sanctions be strictly enforced for violations of Rule 11 of the Federal Rules of Civil Procedure, including orders to pay to the other party the reasonable costs of legal fees. Requires the Secretary of Transportation to report to the Congress, within one year after the date of enactment of this Act, the results of a study determining whether persons awarded damages for general aviation accidents under this Act are unable to collect such damages, and the amount of any uncollectible damages.
United States · United States Congress · 8 March 1989
Nuclear Decommissioning Reserve Fund Act of 1989 - Amends the Internal Revenue Code to: (1) decrease from 34 percent to 15 percent the rate of the tax imposed on the income of any Nuclear Decommissioning Reserve Fund; and (2) remove restrictions on permitted investments of Fund monies.
United States · United States Congress · 8 March 1989
Palau Compact of Free Association Implementation Act - Authorizes the entry into force of the Compact of Free Association between the United States and Palau (the Compact), subject to its approval by referendum. Directs the President to negotiate: (1) an agreement with the Government of Palau to provide assistance for maintaining offices of public auditor and special prosecutor; (2) an agreement regarding responses to an audit by the Comptroller General of the United States or the Secretary of the Interior; and (3) an agreement providing for the Palau Government to provide current information regarding its national development plan under the Compact. Directs the National Drug Policy Board to develop a plan for an anti-drug program in Palau. Requires the President to negotiate an agreement with Palau to implement such plan. Prohibits using funds appropriated for assistance to Palau to satisfy any obligation or expense incurred by Palau prior to November 14, 1986, with respect to contracts or debts related to electrical generating plants or related facilities which have not been specifically authorized by the Congress in advance, with exceptions. Directs the Secretary to: (1) provide assistance for the development and promulgation of regulations regarding expenditures, upon Palau's request; (2) provide such sums as may be necessary for a further referendum on the Compact or other costs of approval; and (3) submit a report on the range and cost of options for upgrading the Koror hospital. States that the United States will consider requests for additional financial assistance for medical facility construction based on such report. Directs the chief officer of any agency conducting annual audits of assistance provided to the Federated States of Micronesia and the Marshall Islands to certify such audits. Declares that the Compact does not restrict the President from requesting additional funding or consenting to an extension concerning the use by the United States of privately owned lands in Palau as defense sites. Directs the Secretary to submit a report on the condition of the Palau prison. States that the United States will consider requests for additional financial assistance to meet the need for prison construction based on such report. Directs the Secretary to station at least one professional staff person in each of the offices of the U.S. in Palau, Micronesia, and the Marshall Islands to provide Federal program coordination and assistance. Authorizes appropriations. Approves specified agreements between the United States and the Marshall Islands, Micronesia, and Palau. Provides for continuing availability of unobligated balances of funds provided to Palau. Authorizes the President to negotiate an agreement with the Government of Palau which shall provide the following: (1) $28,000,000 shall be provided to Palau in FY 1989; (2) Palau shall pay to the United States, on or before the 15th anniversary of the effective date of the Compact, the net economic costs of providing such funds; and (3) automatic payment to the United States if Palau has not paid such amount by the 15th anniversary of the effective date of the Compact. Amends the Act approving the Compact to provide that the authorizations for transition purposes shall decline over the first through third fiscal years after the Compact's effective date (under current law, FY 1987 through 1989).
United States · United States Congress · 8 March 1989
Designates September 15, 1989, as National POW/MIA Recognition Day. Recognizes the National League of Families POW/MIA flag as the official symbol of the United States' commitment to resolving the fates of Americans still prisoner or missing in action in Southeast Asia.
United States · United States Congress · 7 March 1989
Amends the Internal Revenue Code to eliminate the age (55 or older) and dollar ($125,000) restrictions with respect to the one-time income tax exclusion of gain on the sale of a principal residence.
United States · United States Congress · 1 March 1989
Federal Law Enforcement Officers Death Penalty Act of 1989 - Amends the Federal criminal code to subject any person who is found guilty of the first degree murder of a Federal law enforcement officer, or certain other Federal officials or employees, to the penalty of death. Establishes procedures for the imposition of the death penalty in such cases. Provides that no person who was less than 18 years of age at the time of the offense may be sentenced to death. Sets forth mitigating and aggravating factors to be considered by the jury in determining whether the death sentence will be imposed. Requires the Government to serve notice upon the defendant a reasonable time before trial or acceptance of a plea that it intends to seek the death penalty, as well as notice of the aggravating factors upon which it will rely. Provides that no presentence report shall be prepared in such cases. Requires a separate sentencing hearing before a jury or the court (upon motion by the defendant) when the defendant is convicted and the Government has filed notice that it intends to seek the death penalty. Allows the Government and the defendant to present any information relevant to a mitigating or aggravating factor without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. Conditions imposition of the death penalty on a unanimous finding by the jury or, if there is no jury, the court, that: (1) the aggravating factors found to exist sufficiently outweigh any mitigating factor found to exist; or (2) in the absence of a mitigating factor, the aggravating factors alone are sufficient to justify a sentence of death. Specifies that: (1) the jury or the court, regardless of its findings with respect to aggravating and mitigating factors, is never required to impose a death sentence; and (2) the jury shall be so instructed. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant in its consideration of the death sentence. Directs the court to impose the death sentence upon a finding that such sentence is justified. Establishes procedures for appeal from a death sentence. Requires the court of appeals, upon consideration of the record and the information and procedures of the sentencing hearing, and any special finding, to affirm the decision if: (1) the sentence was not imposed under influence of passion, prejudice, or arbitrariness; and (2) the information supports the special finding of the existence of an aggravating factor. Requires the court to provide a written explanation of its determination. Establishes procedures for the implementation of the death sentence.
United States · United States Congress · 1 March 1989
Amends the Internal Revenue Code to extend through 1992 the period during which qualified mortgage bonds and mortgage credit certificates may be issued. (Under current law, authority for these programs is due to expire as of 1990.)
United States · United States Congress · 23 February 1989
Amends the National Trails System Act to designate as components of the National Trails System: (1) the California National Historic Trail, extending from Independence and Saint Joseph, Missouri, and Council Bluffs, Iowa, to various points in California and Oregon; and (2) the Pony Express National Historic Trail, extending from Saint Joseph, Missouri, through Kansas, Nebraska, Colorado, Wyoming, Utah, and Nevada to Sacramento, California.
United States · United States Congress · 23 February 1989
Makes the legal defense of discretionary function provided under specified Federal law inapplicable to any legal or administrative proceeding for damages arising out of U.S. violation of occupational safety or health standards or U.S. negligence at any workplace owned or operated by or under contract with the United States.
United States · United States Congress · 22 February 1989
RICO Reform Act of 1989 - Amends the Racketeer Influenced and Corrupt Organizations Act (RICO) to include additional predicate offenses within the definition of "racketeering activity," such as prostitution involving minors, computer fraud, and certain activity relating to terrorist acts abroad. Modifies civil remedies provisions of RICO to require U.S. district courts to find proof by a preponderance of the evidence before restraining violations. Authorizes: (1) specified governmental entities whose business or property is injured by conduct in violation of RICO to recover threefold the actual damages to such business or property, plus costs; (2) persons whose business or property is injured by such conduct to recover actual damages, plus costs (and punitive damages of up to twice the actual damages where the plaintiff proves by clear and convincing evidence that the defendant's actions were consciously malicious, or so egregious and deliberate that malice may be implied); (3) such persons to recover threefold the actual damages if any defendant has been convicted of specified Federal or State offenses; and (4) natural persons who suffer serious bodily injury by reason of specified crimes of violence to recover actual damages to such person's business or property, damages sustained by such individual as allowed under State law (excluding pain and suffering), and costs (and, upon proof by clear and convincing evidence that defendant's actions were malicious, up to twice the actual damages). (Current law allows recovery of threefold the damages, plus costs, for persons whose business or property is injured.) Sets forth: (1) statutes of limitation; and (2) procedures for considering affirmative defenses. Permits international service of process. (Current law restricts such service to specified judicial districts within the United States.) Provides for exclusive Federal jurisdiction to hear criminal or civil RICO proceedings. Authorizes recovery beyond actual damages to a person's business or property, where such person would not otherwise be eligible to recover costs under this Act, under specified conditions, including where the judge determines that a limitation of recovery would clearly be unjust.
United States · United States Congress · 22 February 1989
Amends Federal law to extend the immediate retirement provisions applicable to Federal law enforcement officers to: (1) revenue officers for the Internal Revenue Service; (2) customs inspectors for the U.S. Customs Service; (3) customs canine enforcement officers for the U.S. Customs Service; and (4) inspectors for the Immigration and Naturalization Service.
United States · United States Congress · 22 February 1989
Amends the Internal Revenue Code to allow an individual taxpayer an income tax deduction of up to $2,000 per year for cash contributions to a first home savings account established for the exclusive benefit of an individual who has never owned his or her principal residence. Limits total deductions to $20,000. Permits an exclusion from gross income of account payments and distributions used exclusively in connection with the purchase of a principal residence for the eligible beneficiary. Exempts an account from taxation (except for the tax on unrelated business income of a charitable organization) unless the beneficiary either engages in prohibited transactions or acquires a principal residence. Imposes a ten percent surtax on distributions used for other than the purposes for which the account was established. 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 a first home savings account. Exempts account contributions from the gift tax. Imposes penalty taxes in connection with excess contributions or prohibited transactions associated with an account. Excludes from the gross income of an individual any distributions from an individual retirement account or certain other tax-deferred plans if the distribution is used in connection with the purchase of the first principal residence for the individual. Limits the exclusion to the excess of $20,000 over the individual's aggregate contributions to a first home savings account.
United States · United States Congress · 9 February 1989
Postal Reorganization Act Amendments of 1989 - Declares that the receipts and disbursements of the Postal Service Fund: (1) shall not be included in the totals of the Federal budget or the congressional budget; (2) shall be exempt from Federal budget limitations on expenditures and net lending; and (3) shall be exempt from any sequestration order under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) and shall not be counted for purposes of calculating the Federal deficit.
United States · United States Congress · 9 February 1989
Amends the Internal Revenue Code to remove limitations on the deductibility of contributions to individual retirement plans by active participants in employer-maintained plans.
United States · United States Congress · 7 February 1989
Social Security Transitional Benefit Computation 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 would otherwise be subject to the benefit computation rules of the Social Security Amendments of 1977. Extends the application of such transitional benefit computation rules to those who become eligible for benefits before 1989. (Currently those who become eligible after 1983 are subject to the benefit computation rules of the Social Security Amendments of 1977.)
![Official portrait of Rep. Pashayan, Charles, Jr. [R-CA-17]](https://www.congress.gov/img/member/p000097_200.jpg)