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Official portrait of Rep. Skelton, Ike [D-MO-4]

Rep. Skelton, Ike [D-MO-4]

United States · Official source

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3,716 records where Rep. Skelton, Ike [D-MO-4] is listed as a sponsor, author, or other actor. Search with topics and years

Bill· HRH.R. 950 (101st)referred

National Rural Health Care Act of 1989

United States · United States Congress · 9 February 1989

National Rural Health Care Act of 1989 - Title I: Medicare Provisions - Directs the Prospective Payment Assessment Commission to conduct studies and report to the Congress by January 1, 1991, on: (1) the relationship between costs for rural inpatient hospital services and Medicare (title XVIII of the Social Security Act) payments for such services; and (2) the Medicare program's role in paying for rural inpatient hospital services provided as a charity to persons who are not covered under the Medicare program. Provides funding for the development of medical care access facilities. Defines a "medical care access facility" as a facility which: (1) provides ambulatory, primary, emergency, urgent, and surgical care; (2) provides inpatient care for from one-to-ten inpatient beds for stays not exceeding 48 hours; and (3) is located in a medically underserved area or a county with a population of less than 20,000, or serves a frontier service area. Provides Medicare coverage of facility services. Authorizes such facilities to provide dietician, pharmacist, laboratory technician, medical technologist, and radiological services on a part-time, off-site basis, and remain open for less time than Medicare hospitals. Establishes physician, physician assistant, and nurse practitioner productivity standards to be used in determining Medicare payments for rural health clinic services. Requires rural health clinics to participate in the Medicaid program (title XIX of the Social Security Act) if their State provides Medicaid coverage for clinic services. Directs the Secretary of Health and Human Services to establish a Medicare rural health clinic demonstration program: (1) testing new payment methods; (2) covering early detection procedures, health education, and health risk reduction services; (3) not requiring clinics to have more than 40 percent of clinic time covered by physician assistants and nurse practitioners; and (4) reducing physician, physician assistant, and nurse practitioner productivity standards for low population density areas. Requires the Secretary to instruct Medicare carriers to make payment rates for professional medical services furnished in rural areas under part B (Supplementary Medical Insurance) of the Medicare program reflect the particular costs of furnishing services in rural areas. Authorizes rural skilled nursing facilities to be paid on a prospective basis for all routine services costs of Medicare extended care services provided in a cost reporting period. Authorizes rural home health agencies to be paid on the basis of a prospectively established fee schedule for Medicare home health services provided in a cost reporting period. Requires the Administrator of the Health Care Financing Administration (HCFA) to establish additional research and demonstration projects into how the Medicare and Medicaid programs could better cover care for rural beneficiaries. Provides direct Medicare reimbursement for nurse practitioner and clinical nurse specialist services, whether or not the practitioner or specialist is under the supervision of, or associated with, another health care provider, if such services would otherwise be covered if furnished by a physician or as an incident to a physician's service. Provides payments for nurse practitioner, clinical nurse specialist, and certified nurse midwife services under part B (Supplementary Medical Insurance) of the Medicare program on the basis of a fee schedule to be established by the Secretary. Requires the Administrator of the HCFA to establish a toll-free, telephone hotline for nursing payment inquiries under the Medicare program and, to the extent feasible, under the Medicaid program. Amends part B (Peer Review) of title XI of the Act to require peer review of nursing services. Directs the Secretary to: (1) contract for studies evaluating nursing costs, and gathering and disseminating data on obstacles nurses face in receiving direct reimbursement for their services; and (2) report the results of such studies to the Congress in January of 1992, 1993, and 1994. Title II: Medicaid Provisions - Amends the Medicaid program to extend coverage to all individuals whose income does not exceed the Federal poverty level and whose resources do not exceed twice the resource eligibility limit for Medicaid benefits. Requires that State Medicaid payments for rural medical practices reflect the particular costs of furnishing services in rural areas. Directs the Secretary, jointly with the States, to develop an appropriate system to reduce the payment differential between urban and rural professional health personnel. Permits rural nursing facilities to elect to receive Medicaid payments on the basis of a daily rate schedule to be established by the Secretary. Permits rural home health agencies to elect to receive payments on the basis of a per visit rate to be established by the Secretary. Provides Medicaid coverage of medical care access facility services. Requires such facilities to participate in the program. Requires direct Medicaid reimbursement for certified nurse midwife, certified registered nurse anesthetist, nurse practitioner, and clinical nurse specialist services, whether or not such nurse is under the supervision of, or associated with, another health care provider, if such services would otherwise be covered if furnished by a physician or as an incident to a physician's services. Requires that such payments be equal to payments for such services under the Medicare program and not vary on the basis of the type of nurse involved. Title III: Private Health Insurance Provisions - Amends the Internal Revenue Code to provide a tax deduction for the entire health insurance costs of the self-employed. Makes such deduction permanent. Directs the Secretary to develop and submit to the Congress a proposal for creating a self-financing insurance pool for individuals, small businesses, and farms which have difficulty finding affordable private insurance. Title IV: Health Care System Development Provisions - Amends title VII (Administration) of the Act to place the Office of Rural Health Care in the Office of the Secretary of Health and Human Services. Amends the Public Health Service Act to authorize the Secretary to make grants to States which have submitted fiscal year plans for comprehensive State rural health access planning to assist States in such planning. Authorizes appropriations for such grant program through FY 1992. Requires each State to submit a comprehensive rural emergency medical services plan to the Secretary for each fiscal year, beginning with FY 1990. Authorizes appropriations through FY 1992 for payments to States, which vary among States on the basis of the proportion of the nation's rural population which reside in each State, to cover the costs of planning, implementing, and monitoring the operation of trauma care systems in rural areas. Authorizes the Secretary to make grants to public and nonprofit entities for planning, constructing, equipping, supplying, and operating a rural health clinic and training the personnel at such clinic. Authorizes the Secretary to make grants to solo and small group medical practices which provide primary health services to medically underserved rural populations to assist such practices in purchasing equipment and supplies and training personnel. Sets forth grant conditions, including the requirement that such clinics and practices accept as patients Medicare and Medicaid recipients residing in their service area, and provide 24-hour-a-day emergency medical services. Authorizes appropriations through FY 1992. Authorizes appropriations through FY 1991 for grants to migrant health centers and community health centers. Sets aside five percent of amounts appropriated to the National Center for Health Services Research and Health Care Technology Assessment for research on improving rural health care delivery systems. Directs the Secretary to conduct a study on improvements which can be made in the collection and analysis of data used in designating rural areas as medically underserved areas. Title V: Health Care Personnel Development Provisions - Amends the Public Health Service Act to authorize appropriations through FY 1992 under the National Health Service Corps Scholarship Program and Loan Repayment Program. Requires the Secretary to establish a program of scholarships and loan repayments to assure an adequate supply of trained health care personnel at medical facilities which serve medically underserved populations. Requires that no less than 40 percent of the persons receiving such assistance be targeted for placement with medically underserved rural populations. Authorizes appropriations for such program through FY 1992. Requires that persons receiving Federal financial assistance under the Public Health Service Act to operate health care personnel training programs: (1) take into account the special health care conditions of rural areas; and (2) improve efforts to recruit, as students, individuals who are likely to practice in medically underserved rural areas. Authorizes the Secretary to make grants to public or private nonprofit health or educational entities for training programs to increase the number of health care personnel and multi-competent health care technicians serving medically underserved rural populations. Authorizes appropriations for such grant programs through FY 1992. Requires the Secretary, in entering into contracts with schools of medicine and osteopathy for area health education centers, to give priority to health education projects targeted toward health professions having an inadequate number of practitioners, either by specialty or geographic location. Makes administrative changes affecting area health education centers. Authorizes appropriations for such centers through FY 1992. Authorizes the Secretary to make grants to and enter into contracts with public and nonprofit private entities to cover the costs of providing continuing education for nurses in rural areas through the use of satellite transmissions. Title VI: Mental Health Care Provisions - Amends the Public Health Service Act to require that a State's application for an Alcohol, Drug Abuse, and Mental Health Services Block Grant include an examination of the mental health care needs of rural residents and specify the effort that has and will be made to satisfy such needs. Directs the Secretary to conduct research on improving rural mental health delivery systems. Authorizes appropriations for such research through FY 1992.

Bill· HRH.R. 985 (101st)referred

Peace Corps Volunteer Education Demonstration Program Act

United States · United States Congress · 9 February 1989

Peace Corps Volunteer Education Demonstration Program Act - Authorizes the Director of the Peace Corps to carry out a training and educational benefits demonstration program. Makes eligible for program participation any student at an institution of higher education who: (1) has completed at least two years of satisfactory study and is enrolled in a bachelor-degree program of at least four years; (2) agrees to serve at least three years in the Peace Corps; and (3) is selected in a competitive process. Requires selection procedures to include special consideration for traditionally underserved groups of students and students who will specialize in courses in areas in which the Peace Corps has special need. Requires the Director to carry out a training program under which participants receive appropriate training for their Peace Corps work as part of their course of study. Makes participants eligible for educational benefits to cover attendance costs during their remaining two years of study. Requires repayment of such benefits if the individual fails to complete three years of Peace Corps service. Directs the Secretary of Education to evaluate and report on such program to the President and the Congress by October 31, 1994. Authorizes appropriations for FY 1990 through 1995.

Bill· HRH.R. 855 (101st)referred

To amend title XVI and II of the Social Security Act to promote the rehabilitation of blind beneficiaries under the SSI and OASDI programs, and to assure that they receive the most appropriate employment and training services which are available, by permitting them to select the agencies to which they will be referred for such services.

United States · United States Congress · 6 February 1989

Amends titles II (Old Age, Survivors and Disability Insurance) and XVI (Supplemental Security Income) of the Social Security Act to permit blind beneficiaries to select the agency or organization to which they will be referred for vocational rehabilitation services. Requires the Secretary of Health and Human Services to determine whether the agency or organization is an appropriate choice given each beneficiary's particular needs. Directs the Secretary to establish an advisory panel on rehabilitation services for the blind, a majority of which shall consist of blind consumers of rehabilitation services, to develop guidelines and standards for the provision of such services to the blind and to assist the Secretary in determining which agencies or organizations meet the needs of blind beneficiaries.

Bill· HRH.R. 762 (101st)open

Equity for Rural Hospitals Act of 1989

United States · United States Congress · 2 February 1989

Establishes the Medicare Geographical Classification Review Board to decide on a rural hospital's application for classification as an urban hospital for Medicare payment purposes. Amends the Omnibus Budget Reconciliation Act of 1987 to alter the Rural Health Care Transition Grant Program to extend and increase authorized appropriations for such program through FY 1992, and permit the Secretary to waive the hospital grant limit. Expands, from four to ten hospitals, a Medicare demonstration program covering additional costs incurred by teaching hospitals in sending their residents to rural hospitals for training. Requires the Secretary to establish five-year Medicare demonstration programs covering costs incurred by five hospitals in providing clinical training to undergraduate nurses. Extends the regional referral center classification of hospitals so classified as of September 30, 1989, and the payment rates applicable to such hospitals under the Medicare program, through FY 1994.

Bill· HRH.R. 746 (101st)open

National Observance Advisory Act

United States · United States Congress · 31 January 1989

National Observance Advisory Act - Establishes the President's Advisory Commission on National Observances to: (1) establish criteria for recommending to the President that a proposed national observance be approved or disapproved; (2) review proposals for national observances submitted in accordance with procedures published by the Commission; and (3) issue recommendations to the President concerning each proposal reviewed.

Resolution· HCONRESH.Con.Res. 40 (101st)referred

Protect Medicare 90 Concurrent Resolution

United States · United States Congress · 31 January 1989

Protect Medicare 90 Concurrent Resolution - Expresses the sense of the Congress that Medicare (title XVIII of the Social Security Act) hospital payments for FY 1990 should not be reduced below levels set by current law for such fiscal year.

Bill· HRH.R. 683 (101st)referred

Agricultural Commodity-Based Plastics Development Act of 1989

United States · United States Congress · 27 January 1989

Agricultural Commodity-Based Plastics Development Act of 1989 - Directs the Administrator of the General Services Administration to encourage the development and use of degradable agricultural commodity-based plastic through a system of preferential Government procurement. Authorizes FY 1990 through 1992 appropriations to pay the difference in costs between conventional products and degradable plastic products. Directs the Administrator to establish an interagency working group to coordinate activities under this Act. Requires annual reports to the appropriate congressional committees.

Bill· HRH.R. 694 (101st)referred

To increase the amount of deduction for health insurance costs of self-employed individuals.

United States · United States Congress · 27 January 1989

Amends Internal Revenue Code provisions relating to the income tax deduction for the health insurance costs of self-employed individuals to: (1) increase from 25 percent to 100 percent the allowable deduction; and (2) make the deduction permanent (under current law it will expire after tax year 1989).

Resolution· HCONRESH.Con.Res. 35 (101st)referred

Expressing the sense of the Congress regarding the flagrant and malicious desecration of the United States flag.

United States · United States Congress · 27 January 1989

Expresses the sense of the Congress that the U.S. flag should be treated with respect, that public desecration of the flag is not symbolic speech under the First Amendment of the U.S. Constitution, and that Federal provisions prohibiting the willful and knowing display of contempt for the flag should be enforced.

Bill· HRH.R. 638 (101st)open

Flight Attendant Duty Time Act

United States · United States Congress · 24 January 1989

Flight Attendant Duty Time Act - Amends the Federal Aviation Act of 1958 to direct the Secretary of Transportation to initiate a rulemaking proceeding to establish limitations on duty time for flight attendants. Requires the Secretary to issue final regulations by a specified deadline. Prohibits any air carrier from operating an aircraft using a flight attendant who has been on duty in excess of specified hours or who has had less than a specified number of hours of rest if such regulations have not been promulgated by a certain time. Permits modification of the specified hours of duty if the Secretary determines such modification is in the public interest and submits a copy of the modifying regulations to certain congressional committees.

Resolution· HCONRESH.Con.Res. 30 (101st)referred

Expressing the sense of the Congress that the Secretary of Labor, in cooperation with the ACTION Agency, should publicize and promote projects under the Retired Senior Volunteer Program and the Older American Community Service Employment Program that encourage and recruit older individuals to provide child care services in community-based child care centers.

United States · United States Congress · 20 January 1989

Expresses the sense of the Congress that the Secretary of Labor, in cooperation with the ACTION Agency, should publicize and promote projects under the Retired Senior Volunteer Program and the Older American Community Service Employment Program that encourage and recruit older individuals to provide child care services in community-based child care centers.

Bill· HRH.R. 505 (101st)open

To modernize circulating coins of which the reverse of the first coin will contain the theme of the Bicentennial.

United States · United States Congress · 19 January 1989

Amends Federal law to require the reverse side of the first coin redesigned to commemorate the bicentennial of the U.S. Constitution for a two-year period. Provides that the design on the obverse side of U.S. coins shall contain the likenesses of those displayed on current coins and shall be considered for redesign. Requires any such obverse redesigns to conform to the inscription requirements of current law. Requires U.S. coins to be redesigned, at the discretion of the Secretary of the Treasury, over the next six years. Requires the Secretary, in selecting new designs, to consider specified constitutional concepts. Requires the designs to be selected by the Secretary upon consultation with the United States Commission of Fine Arts. Requires that any profits from the sale of uncirculated and proof sets of U.S. coins be deposited in the Treasury and used solely to reduce the national debt.

Bill· HRH.R. 521 (101st)referred

Black Lung Benefits Check Delivery Assurance Act of 1989

United States · United States Congress · 19 January 1989

Black Lung Benefits Check Delivery Assurance Act of 1989 - Amends the Federal Mine Safety and Health Act of 1977 to provide that if the regularly scheduled delivery date for black lung benefit checks falls on a weekend or a legal public holiday, then such checks shall be mailed for delivery on the first day preceding the weekend or holiday, even if the delivery would be made before the end of the month for which such checks are issued. Provides that if as a consequence of such modified delivery date the payment is more than the correct authorized amount, no action shall be taken to recover the incorrect portion.

Bill· HRH.R. 523 (101st)open

Civil Service and Federal Employee Retirement Check Delivery Assurance Act of 1989

United States · United States Congress · 19 January 1989

Civil Service and Federal Employee Retirement Check Delivery Assurance Act of 1989 - Provides that if the usual delivery date for civil service retirement checks falls on a Saturday, Sunday, or legal public holiday, then such checks shall be mailed a day earlier than usual.

Bill· HRH.R. 520 (101st)referred

To amend title 10, United States Code, to ensure that checks for military retired and retainer pay and to pay benefits under the Retired Serviceman's Family Protection Plan and the Survivor Benefit Plan are delivered early if the usual delivery date falls on a Saturday, Sunday, or holiday.

United States · United States Congress · 19 January 1989

Requires the early mailing of benefit checks for military retired and retainer pay, Retired Serviceman's Family Protection Plan annuities, and military Survivor Benefit Plan annuities if the day regularly designated for the delivery of such checks falls on a Saturday, Sunday, or legal holiday.

Bill· HRH.R. 563 (101st)referred

Air Travel Rights for Blind Individuals Act

United States · United States Congress · 19 January 1989

Air Travel Rights for Blind Individuals Act - Amends the Federal Aviation Act of 1958 to preclude an air carrier from establishing aircraft seating restrictions based upon a passenger's visual acuity or use of a white cane or dog guide or other such means of assistance.

Bill· HRH.R. 522 (101st)referred

Railroad Retirement Benefits Check Delivery Assurance Act of 1989

United States · United States Congress · 19 January 1989

Railroad Retirement Benefits Check Delivery Assurance Act of 1989 - Amends the Railroad Retirement Act of 1974 to provide that if the regularly scheduled delivery date for certain railroad benefits checks falls on a weekend or a legal public holiday, then such checks shall be mailed for delivery on the first day preceding the weekend or holiday, even if the delivery would be made before the end of the month for which such checks are issued. Provides that if, as a consequence of such modified delivery date, the payment is more than the correct authorized amount, no action shall be taken to recover the incorrect portion.

Bill· HRH.R. 423 (101st)open

Joint Manufacturing Opportunities Act of 1989

United States · United States Congress · 3 January 1989

Joint Manufacturing Opportunities Act of 1989 - Declares that the conduct of any individual in making or performing a contract to carry out a flexible manufacturing network shall not be deemed illegal per se under the antitrust laws, but rather shall be judged on its reasonableness considering all relevant factors affecting competition. Defines "flexible manufacturing network" (FMN) as any group of activities, including attempting to make, making, or performing a contract, carried out by two or more persons for the purpose of: (1) purchasing raw materials, services, or facilities to jointly manufacture and distribute a product; (2) collecting and sharing information on production costs and manufacturing capacity necessary to prepare a bid to sell a product jointly manufactured by such persons, or information applicable to the marketing of such product; or (3) sharing information on manufacturing and distribution capacity for the purpose of jointly manufacturing and distributing such product. Excludes activities not reasonably required to carry out a flexible manufacturing network. Limits recovery under the Clayton Act to actual damages (for private suits), the total damage sustained (in suits by States), interest calculated at a specified rate, and costs, including a reasonable attorney's fee, if such claim results from conduct that is within the scope of a notification that has been filed under this Act for an FMN and is filed after such notification becomes effective. Specifies that interest shall be awarded on the damages involved for the period between the date of injury and the date of judgment, unless the court finds that such award is unjust under the circumstances. Limits recovery under this Act if the challenged conduct of a person defending against a claim is not in violation of any decree or order entered or issued after the effective date of this Act. Provides for the award of costs and attorney's fees. Establishes procedures for the filing of a notice with the Attorney General and the Federal Trade Commission of a written agreement to carry out an FMN disclosing: (1) the identities of the parties; and (2) the nature and objectives of such FMN. Exempts specified information from disclosure. Provides for: (1) publication of such notice in the Federal Register; (2) withdrawal of notice; and (3) judicial review of any action by the Attorney General or the Commission with respect to notification filed under this Act. Restricts the admissibility of information disclosed or published under this Act.

Law· HRH.R. 419 (101st)enacted

To provide for the addition of certain parcels to the Harry S Truman National Historic Site in the State of Missouri.

United States · United States Congress · 3 January 1989

Authorizes the Secretary of the Interior to acquire certain properties in Independence, Missouri, to add to the Harry S Truman National Historic Site. Authorizes the owners of such property to retain the right of use and occupancy of the property for up to 25 years or until death, whichever is later. Requires the Secretary to pay the owners the fair market value for such property. Authorizes appropriations.

Bill· HRH.R. 371 (101st)open

To direct a study by the Secretary of Agriculture of the classification of anhydrous ammonia as a poisonous gas for purposes of the Hazardous Materials Transportation Act, and for other purposes.

United States · United States Congress · 3 January 1989

Directs the Secretary of Agriculture to conduct a study of the classification of anhydrous ammonia as a poisonous gas for purposes of the Hazardous Materials Transportation Act. Prohibits the Secretary of Transportation from implementing the classification of anhydrous ammonia as a poisonous gas for purposes of such Act until the Secretary of Agriculture has reported to the Congress.

Bill· HRH.R. 373 (101st)open

Deceptive Mailings Prevention Act of 1989

United States · United States Congress · 3 January 1989

Deceptive Mailings Prevention Act of 1989 - Amends Federal law to declare as nonmailable any mail matter which is designed to resemble a bill, invoice, or statement of account due, but which in fact constitutes a solicitation of donations. Requires such mail matter to bear on its face in conspicuous type that it is a solicitation of donations and that the addressee is under no obligation to make any payment. Declares as nonmailable any mail matter which constitutes a solicitation by a non-governmental entity: (1) for the purchase of products or services which are provided free of charge or at a lower price by the Federal Government, or which are substantially the same as such products or services; (2) for the purchase of products or services and which contains a seal, insignia, trade or brand name, or any other term or symbol which reasonably could be interpreted or construed as implying Federal Government connection, approval, or endorsement; and (3) for the contribution of funds and which contains a seal, insignia, trade or brand name, or any other term which could reasonably be interpreted or construed as implying Federal Government connection, approval, or endorsement. Allows the mailing of such matter if it contains a conspicuous disclaimer that it is not a Government document. Establishes penalties for violations of this Act.

Bill· HRH.R. 239 (101st)referred

First-Time Home Buyer's Act of 1989

United States · United States Congress · 3 January 1989

First-Time Home Buyer's Act of 1989 - Amends the Internal Revenue Code to spread over a ten-year period the taxation of up to $5,000 of individual retirement plan distributions used by a first-time homebuyer within 90 days to purchase, construct, or reconstruct a dwelling that will be used as the taxpayer's principal residence for at least three years.

Bill· HRH.R. 20 (101st)open

Hatch Act Reform Amendments of 1990

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.

Bill· HRH.R. 98 (101st)open

Guam Commonwealth Act

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.