United States · United States Congress · 21 February 1989
National Cooperative Research and Production Amendments of 1989 - Amends the National Cooperative Research Act of 1984 to limit antitrust liability of competitors for exchanging information, entering into agreements, or engaging in specified conduct through joint arrangements for the production, marketing, or distribution of any product, process, or service.
United States · United States Congress · 21 February 1989
Community, Employee, and Stockholder Right-to-Know Act - Amends the Securities Exchange Act of 1934 to authorize the Securities Exchange Commission (SEC) to suspend the effectiveness of the offer for, or request or invitations of tenders for, a security if the SEC determines that the required information statement filed with the SEC is lacking in specified information or that the information does not provide full disclosure concerning such security. Maintains such suspension until a determination following a hearing. Requires such hearing to be held within ten days after the date of suspension, and a determination to be made within three days following the completion of the hearing. Requires the SEC to permanently suspend an offer found to contain inadequate information concerning the security, subject to the offeror's right to remedy the inadequate information provided in the offer. Prohibits the offeror from taking any action concerning the offer of a security while such offer's validity is being determined by such a hearing. Prohibits any offeror from acquiring any equity securities of any class of any issuer at any time within two years following the last purchase of securities pursuant to an offer for securities of that class, unless the holders of the equity securities are afforded a reasonable opportunity to dispose of the securities to the offeror upon substantially equivalent terms as those provided in the earlier offer. Provides that all shares acquired in violation of this Act or in violation of any order of the SEC will be denied voting rights for one year after acquisition, with the issuer having the right to call the shares for redemption at book value per share. Includes, as part of the information required to be filed with the SEC by any person acquiring more than five percent of a class of securities, the following information: (1) a description of any securities which are being offered in exchange for the equity securities of the issuer; (2) whether such person will effect a merger or consolidation with any other person or change the location of the principal executive office or of a material portion of an acquired business's activities; or (3) whether such person will make any other specified major change in the business, corporate structure, management, or personnel for the entity in which the security represents an interest. Directs the SEC to promulgate rules and regulations to prohibit: (1) the sale by any principal stockholder to the offeror of any equity securities for a consideration greater than that to be paid to other stockholders pursuant to an agreement not disclosed to other stockholders; (2) the refusal by the issuer to permit an offeror who is a stockholder of record to examine its list of stockholders and use such information to make or mail solicitations of tender offers to such stockholders; and (3) the solicitation of any acceptance or rejection of an offer before the filing of the information statement required under the Securities Exchange Act of 1934. Provides that certain reporting requirements under the Securities Exchange Act of 1934 shall apply to a control share acquisition. States that all securities acquired by a person in violation of certain required shareholder approval requirements shall be denied voting rights for one year after acquisition, with the issuer having the option to call the securities for redemption at book value. Requires a person proposing to make a control share acquisition to deliver to the issuer of the securities involved a statement in such form as the SEC may prescribe, containing information relating to the specifics of such proposed acquisition and changes in voting power which would be the result of such proposed acquisition. Requires a special meeting of the stockholders, between 30 and 55 days after the receipt of such statement, to vote on the proposed control share acquisition. Allows the acquiring person to consummate the proposed control share acquisition only if both of the following occur: (1) the proposed control share acquisition is approved by a majority vote of the stockholders at the special meeting called for such purpose; and (2) the proposed control share acquisition is consummated within 180 days after shareholder approval. Allows an acquiring person to examine the most recent stockholder register for the purpose of communicating with stockholders to obtain authorization for such a control share acquisition.
United States · United States Congress · 9 February 1989
Tongass Timber Reform Act - Title I: Alaska National Interest Lands Conservation Act Amendments - Repeals specified provisions of the Alaska National Interest Lands Conservation Act (the Act) relating to: (1) the authorization of appropriations for the maintenance of the timber supply from the Tongass National Forest in Alaska to dependent industry; (2) the identification of Forest lands unsuitable for timber production; and (3) a specified report to certain congressional committees by the Secretary of Agriculture on the timber supply and demand in southeastern Alaska. Amends the Act to include in a specified report to the Congress the impact of timber management on subsistence resources, wildlife, and fisheries habitats in the Forest. Requires the Secretary to terminate, not later than 90 days after enactment of this Act, specified timber sale contracts between the United States and the Alaska Pulp Corporation and the Ketchikan Pulp Company, respectively. Title II: Wilderness - Amends the Act to designate the following lands within the Tongass National Forest as components of the National Wilderness Preservation System: (1) Anan Creek Wilderness; (2) Berners Bay Wilderness; (3) Calder-Holbrook Wilderness; (4) Chichagof Wilderness; (5) Chuck River Wilderness; (6) Kadashan Wilderness; (7) Karta River Wilderness; (8) Kegan Lake Wilderness; (9) Naha River Wilderness; (10) Nutkwa Wilderness; (11) Outside Islands Wilderness; (12) Pleasant Island-Lemesurier Islands Wilderness; (13) Pt. Adolphus-Mud Bay Wilderness; (14) Pt. Houghton-Sandborn Canal Wilderness; (15) Rocky Pass Wilderness; (16) Sarkar Lakes Wilderness; (17) South Etolin Island Wilderness; (18) South Kuiu Wilderness; (19) Sullivan Island Wilderness; (20) Trap Bay Wilderness; (21) West Duncan Canal Wilderness; (22) Yakutat Forelands Wilderness; and (23) Young Lake Wilderness.
United States · United States Congress · 9 February 1989
Family Planning Reauthorization Act of 1989 - Amends the Public Health Service Act to authorize appropriations for FY 1990 through 1993 for projects, training, and information and materials related to family planning.
United States · United States Congress · 9 February 1989
Federal Employee Discrimination Complaint Procedures Act of 1989 - Amends the Civil Rights Act of 1964 to revise provisions dealing with procedures for handling allegations of employment discrimination engaged in by an entity of the Federal Government. Directs the Equal Employment Opportunity Commission to require each Federal Government entity to try to resolve allegations of discrimination by consulting with the individuals making the allegation. Requires the Commission to notify and make an investigation of the Federal entity which is alleged to have engaged in discrimination. Requires the charge filed to be in writing under oath or affirmation and specifies its contents and filing deadline. Authorizes the Commission to bring a civil action for temporary or preliminary relief. Requires the Commission to determine whether reasonable cause exists not later than 90 days after a charge is filed and to notify the parties of the determination. Requires the Commission, if it finds reasonable cause, to use informal methods of conference, conciliation, and persuasion. Allows the aggrieved individual, if the Commission does not make a determination within the time limit or if the Commission finds reasonable cause but a conciliation acceptable to the individual is not agreed to within 120 days of filing the charge, to: (1) request that the charge be adjudicated by an administrative law judge of the Commission; or (2) commence a civil action in U.S. district court. Requires the Commission, if it finds no reasonable cause, to dismiss the charge. Allows the aggrieved individual, in such case, to commence a civil action in U.S. district court. Provides for standards and procedures regarding the determination of whether there is reasonable cause to believe a charge is true. Applies provisions of Federal law governing adjudications under administrative procedure to adjudications by an administrative law judge of the Commission. Sets time limits for appointing such judge, concluding the hearing, and determining the charge. Provides for issuance of subpoenas. Requires the administrative law judge, if the charge is true by a preponderance of the evidence, to issue an order to cease and desist, to take affirmative action, and to provide other relief. Allows a party aggrieved by the judge's order to appeal to the Commission and requires that the Commission affirm, reverse, or modify the order not later than 90 days after appeal. Allows an individual aggrieved by an order or a determination or by the failure of the Commission to act on an appeal to commence a civil action for judicial review in a U.S. court of appeals. Authorizes the Commission to commence a civil action in a U.S. court of appeals to enforce an order of an administrative law judge or of the Commission. Empowers the Commission, in order to enforce such an order, to order that any employee charged with complying with such order not be paid for service as an employee until the order has been complied with. Sets forth rules with regard to review by the court of appeals. Confers jurisdiction of actions on U.S. district courts, subject to exception. Authorizes the court, on finding unlawful discrimination, to issue injunctions, order affirmative action (including reinstatement or hiring, with or without back pay), or order other equitable relief. Limits back pay to two years. Declares that specified provisions of Federal law relating to the jurisdiction of courts in matters affecting employers and employees shall not apply to actions commenced under the provisions amended by this Act. Makes applicable to such actions provisions governing appeals of final decisions and interlocutory decisions. Authorizes the court to allow the prevailing party, other than the Commission or a Federal entity (including the head of the entity), a reasonable attorney's fee. Provides for the payment of interest on any monetary relief awarded. Makes provisions amended by this Act, as in effect prior to the effective date of this Act, applicable to employment at the Library of Congress. Gives attorneys appointed under existing provisions of the Civil Rights Act of 1964 the authority to appear for and represent the Commission in court cases against a Federal entity, notwithstanding provisions relating to the Attorney General and to the General Counsel of the Commission. Provides for the transfer to the Commission of civilian personnel who are employed by a Federal entity to investigate, or recommend the disposition of discrimination charges against, a Federal entity. Declares that the amendments made by this Act shall not be construed to supersede or modify specified provisions of Federal law relating to grievance procedures as covered in collective bargaining agreements.
United States · United States Congress · 9 February 1989
Handgun Violence Prevention Act of 1989 - Amends the Federal criminal code to make it unlawful for any person to manufacture, assemble, transfer, or possess any handgun which the Secretary of the Treasury determines to be unsuitable for lawful sporting purposes.
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
Ethics in Patient Referrals Act of 1989 - Amends title XVIII (Medicare) of the Social Security Act to prohibit a physician from referring a patient to an entity for Medicare-covered services or an entity from presenting a claim pursuant to such referral if the physician has a financial interest in, or receives compensation from, such entity. Sets forth exceptions to such prohibition. Imposes sanctions against persons who present claims for services prohibited by this Act and against physicians or entities that enter into arrangements for the purpose of prohibited referrals.
United States · United States Congress · 9 February 1989
Current Level Enhanced Rescission Act of 1989 - Amends the Impoundment Control Act of 1974 to include in any special message the President sends to the Congress in connection with a proposed rescission of budget authority amendatory language to enable the affected programs to continue to function lawfully at the proposed new budget level. Amends the Congressional Budget and Impoundment Control Act of 1974 to authorize the President, on the same day the President approves any appropriation bill, to transmit to the Senate and the House of Representatives one or more special messages proposing to rescind amounts of budget authority included in the bill. Limits: (1) the amounts subject to rescission (the proposal may not reduce a program below its previous fiscal year level); and (2) each special message to one item of budget authority. Prescribes procedures to govern the expedited treatment of such messages in the Senate and the House of Representatives. Makes any proposed rescission amount available for obligation unless both Houses of Congress agree to the bill or joint resolution accompanying the related special message within 60 days of its transmission.
United States · United States Congress · 9 February 1989
Building and Construction Industry Labor Law Amendments of 1989 - Amends the National Labor Relations Act to provide that in the construction industry two or more business entities engaged primarily in the building and construction industry, performing work within the geographical area covered by a collective bargaining agreement to which any one of the entities is a party, and performing the type of work described in such an agreement, shall be deemed a single employer if they have: (1) substantial common ownership; (2) substantial common management; or (3) substantial common control. Provides that the existence of a contractor-subcontractor relationship shall not be deemed per se to create a single employer or be considered as evidence of direct or indirect common management or control. Applies the terms of a collective bargaining agreement regarding employees of such business entities to all other business entities comprising the same single employer and performing the work described in the agreement within the geographical area covered by the agreement. States that collective bargaining agreements may only be repudiated after the National Labor Relations Board certifies election results in which a majority of the employees select a bargaining representative other than the representative with whom such agreement was made.
United States · United States Congress · 9 February 1989
Independent Defense Procurement Corps Act of 1989 - Title I: Independent Defense Procurement Corps - Establishes as an independent agency in the executive branch the Independent Defense Procurement Corps. Requires the Director of the Corps to establish a personnel system for civilian personnel within the Corps. Allows current members of the armed forces to fill the initial staff requirements of the Corps for no longer than five years after enactment of this Act, unless certain conditions have been met. Requires the Corps to carry out all procurement functions of the Department of Defense (DOD). Requires the Corps to: (1) operate as the sole negotiator between the private sector and DOD in defense procurement business; (2) seek and receive evaluations and advice from specified officials within DOD about the need and justification for property and services; and (3) carry out functions and relevant acquisition regulations of DOD relating to the research, development, and production of property and services. Requires the Secretary of Defense to be the chief liaison between DOD and the Corps for purposes of communicating the views of DOD, including the military departments and defense agencies, on acquisition matters. Prohibits a person from serving as Director if such person has been employed by a defense contractor or the Corps, has served on active duty with the armed forces, or has been a consultant to DOD during the three-year period before being nominated as Director. Prohibits a former Director from accepting compensation for a period of five years after leaving office from any person under contract with DOD or the Corps during the period in which such person served as Director. Provides similar three-year limitations for staff members of the Corps. Requires the Director to submit to the President, the Congress, and the Secretary of Defense annual reports on the activities of the Corps. Terminates the position of Under Secretary of Defense for Acquisition. Transfers to the Director all procurement functions from various offices within the departments and agencies of DOD. Title II: Inspector General for Defense Procurement - Establishes the Office of the Inspector General for Defense Procurement as an independent office in the executive branch. Requires the Inspector General to appoint: (1) an Assistant Inspector General for Auditing who shall be responsible for auditing the programs and operations of the Corps; and (2) an Assistant Inspector General for Investigations who shall be responsible for supervising the performance of investigative activities relating to such programs and operations. Prohibits a person from serving as Inspector General if such person has been employed by, or has been a consultant to, a person under contract with DOD or the Corps, has served on active duty as an officer in the armed forces, or has been a consultant to DOD during the five-year period ending on the date on which the person is nominated to be Inspector General. Prohibits a former Inspector General from accepting compensation for five years after serving in such position from any person under contract with DOD or the Corps during the period in which the person served as Inspector General. Provides similar three-year limitations for employees of the Office. Prohibits any member of the armed forces, active or reserve, from being appointed to the Office under this Act.
United States · United States Congress · 9 February 1989
Ban Nuclear Power in Earth Orbit Act - Expresses the sense of the Congress encouraging the President to call on the Soviet Union to abandon the use of nuclear power sources in Earth orbit and to join the United States in negotiation to establish a permanent ban on such use. Directs the President to certify to the Congress at least 90 days after this Act's enactment whether the Soviet Union has indicated an official policy to abandon the use of nuclear power sources in Earth orbit. Prohibits the launch into Earth orbit of any U.S. owned or funded spacecraft if the President certifies the Soviet Union's policy to abandon the use in question. Terminates the prohibition if the Soviet Union places a nuclear power source into Earth orbit after indicating its official policy not to do so. Declares that this Act does not prohibit the use of nuclear power sources for a Moon base or for deep space scientific and exploration missions.
United States · United States Congress · 9 February 1989
Anabolic Steroid Restriction Act of 1989 - Amends the Federal criminal code to provide criminal penalties for knowingly: (1) receiving, depositing, or causing to be deposited or delivered by mail any anabolic steroid or controlled substance for use in humans other than the treatment of disease pursuant to the order of a physician, except as otherwise permitted by law; and (2) using any communication facility in committing, causing, or facilitating a violation of such prohibition. Makes any property involved in a violation of this Act subject to forfeiture.
United States · United States Congress · 9 February 1989
Comprehensive Lyme Disease Act of 1989 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to make grants with respect to Lyme disease: (1) through the Director of the National Institutes of Health, for research and treatment; and (2) through the Director of the Centers for Disease Control, for public education. Authorizes appropriations for FY 1990 through 1992.
United States · United States Congress · 9 February 1989
Medicare Adult Day Care Amendments of 1989 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to provide for the establishment of adult day care programs providing certain health services to chronically-impaired adults in a group setting outside their homes for up to 125 days on a less than 24-hour basis. Requires providers of such services to have a multidisciplinary group of health care personnel conduct a written assessment of the status of each chronically-impaired adult before the adult's admission to the program and thereafter periodically develop and coordinate an individualized treatment plan for, and with the cooperation of, the adult. Defines a "chronically-impaired adult" as an individual 18 years of age or older who has a physical, emotional, or mental impairment which, but for the provision of adult day care, would require the provision of care in a hospital, skilled nursing, or intermediate care facility. Makes deductibles inapplicable to adult day care, requiring only the payment of a specified coinsurance amount. Directs the Secretary of Health and Human Services to issue regulations regarding adult day care programs.
United States · United States Congress · 9 February 1989
Catastrophic Coverage Financing Improvement Act of 1989 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to eliminate the catastrophic coverage monthly premium and the prescription drug monthly premium. Amends the Internal Revenue Code to maintain the current Medicare supplemental premium limit and rate, except to the extent that inflationary trends require the adjustment of such rate. Increases excise taxes on tobacco products to finance expanded part B coverage provided by the Medicare Catastrophic Coverage Act of 1988.
United States · United States Congress · 9 February 1989
Amends title IV (National Research Institutes) of the Public Health Service Act to require the Director of the National Center for Nursing Research to acquire, construct, improve, or repair laboratories and other research facilities to increase the capacity of institutions of higher education to conduct nursing research. Authorizes the Secretary of Health and Human Services to make grants and enter into contracts for such purposes. Requires the Director, from amounts appropriated under this Act, to reserve 15 percent to carry out such purposes through grants to, and contracts with, institutions that received less than an aggregate of a specified amount in Federal financial assistance for research and development in the preceding two fiscal years. Requires matching funds, in cash or in kind, from non-Federal sources. Directs the Secretary to require technical and scientific peer review of applications for grants and contracts. Authorizes appropriations for FY 1990 through 1992.
United States · United States Congress · 9 February 1989
Directs the President to impose certain sanctions against persons who export, transfer, or otherwise engage in the trade of any Missile Technology Control Regime item in violation of the U.S. export control laws. Declares such sanctions to include the: (1) denial of an export license; (2) prohibiting of all contracting with, or procurement of any products and services from, such violator; and (3) prohibiting of imports from such violator. Requires the President to report to the Congress: (1) within ten days before imposing or waiving any such sanction; and (2) annually about the status of any sanctions or sanction waivers.
United States · United States Congress · 9 February 1989
Establishes a uniform method for determining the pay of prevailing rate employees. (Current provisions exclude prevailing rate employees of the Department of Defense.)
United States · United States Congress · 9 February 1989
Amends the Consumer Credit Protection Act (title VII of the Equal Credit Opportunity Act) to prohibit discrimination by creditors on the basis of the grade of an applicant who is a member of the armed forces.
United States · United States Congress · 9 February 1989
Low-Income Housing Revitalization Act - Amends Internal Revenue Code (IRC) provisions relating to the low-income housing credit to: (1) increase the credit from four percent to nine percent with respect to new buildings that are federally subsidized; (2) reallocate unused credit amounts among other States for their housing credit agencies; and (3) permit carryover to the succeeding year of a housing credit amount, if it is reasonably likely that the building will be put into service then. Extends the low-income housing credit through 1991. Amends IRC accounting provisions to exempt low-income housing credit activities from limitations on passive losses. Revises the accelerated cost recovery system in connection with low-income residential rental property to reduce the applicable recovery period from 27.5 to 20 years. Disallows an income tax deduction for any expense relating to residential rental units that violate State or local building, health, or safety codes and are not brought into compliance. Requires the regulatory agency that notifies a taxpayer of the substandard conditions to file an information return with respect to affected taxpayers. Excludes deductions for business expenses, interest on indebtedness, and taxes from calculations to determine the passive loss limitation in connection with rental real estate activity relating to a qualified low-income housing project in which a noncorporate taxpayer actively or materially participates.
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.
United States · United States Congress · 9 February 1989
Women in Development Act of 1989 - Requires the Administrator of the Agency for International Development (AID) to take specific steps to strengthen the Agency's women in development policy, including: (1) incorporating the active participation of local women and local women's organizations in its development activities; (2) instructing Agency staff and contractors to collect sex-disaggregated data and to insure that country strategies, projects, and programs are designed so that the percentage of women receiving assistance in proportion to the higher of their traditional participation in the targeted activities or their proportion of the population; (3) insuring that project and program evaluations include an assessment of the extent to which the project integrates women in the development process and of the project's impact on women; (4) increasing the number and responsibility of women in professional positions within AID; and (5) establishing within AID a task force on women in development. Amends the Foreign Assistance Act of 1961 to require that a minimum (currently, maximum) of $10,000,000 in funds made available for foreign assistance programs be used for programs to promote the participation and integration of women in the development process in developing countries. Specifies that a certain amount of such funds shall be made available as matching funds to support activities designed to better integrate women into AID programs. Requires the Administrator to report to the Congress annually on the implementation of this Act. Authorizes appropriations to be made available for the United Nations Development Fund for Women and the United Nations International Research and Training Institute for the Advancement of Women.
United States · United States Congress · 9 February 1989
Constitutional Amendment - Provides that the people of the several States and the District of Columbia shall elect the President and Vice President. Requires the electors of President and Vice President in each State to have the qualifications requisite for congressional electors from that State, except that for electors of President and Vice President the legislature of any State may prescribe less restrictive residence qualifications and the Congress may establish uniform residence and age qualifications. Provides that the persons having the greatest number of votes for President and Vice President shall be elected, if such number be at least 40 percent of the whole number of votes cast. Provides that if no person has such number, a runoff election shall be held in which the choice of President and Vice President shall be made from the persons who received the two highest number of votes. Requires the days for such elections to be determined by the Congress. Requires the Congress to prescribe by law the time, place, and manner in which the results of such elections shall be ascertained and declared. Requires each elector to cast a single vote jointly applicable to President and Vice President. Allows the Congress to provide for the case of the death of any candidate for President or Vice President before the day on which the President-elect or Vice President-elect has been chosen, and for the case of a tie in any election.
United States · United States Congress · 7 February 1989
Federal Energy Regulatory Commission Member Term Act of 1989 - Amends the Department of Energy Organization Act to extend the term of office for Federal Energy Regulatory Commission members from four years to five years. Modifies the staggered terms of office.
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.)
United States · United States Congress · 7 February 1989
Public Housing Gateway Act of 1989 - Authorizes the Secretary of Labor (the Secretary) to make gateway program grants to public housing agencies to use public housing in the provision of employment training and services to economically disadvantaged public housing residents who are not more than 25 years of age. Requires that such grants be made with the advice and participation of the Gateway Task Force established under this Act. Requires public housing agencies to make the following training and services available to eligible individuals through the gateway program they must establish when they receive such a grant: (1) information on training, education, or services offered by the agency; (2) literacy training and bilingual training; (3) remedial education and training in basic skills (including communication skills, arithmetic, and problem-solving); (4) development of work habits and other personal management skills; and (5) free child care to facilitate participation in training and other services. Specifies additional training and services which may be offered to eligible individuals who are qualified through literacy training, training in basic and employment skills, and support services. Requires participants in gateway program training and services to be: (1) residents of public housing; (2) not more than 25 years of age; (3) economically disadvantaged; and (4) educationally disadvantaged. Limits mandatory child care services to: (1) participants in gateway program training or services during participation; (2) unemployed former participants who have successfully completed the program, for a specified period; and (3) employed former participants who have successfully completed the program, for a specified period. Permits support services to continue for up to 18 months to any individual after termination of participation in program training or services only if the individual has completed the training or services. Requires public housing agencies receiving such grants to attempt to employ in the gateway programs qualified residents of the public housing project involved. Prohibits consideration of earnings of and benefits to any individual resulting from participation in gateway training and services as income for public assistance or rent limitation purposes during specified periods of participation or post-participation employment. Provides that the use of the facilities of a recipient public housing agency in the provision of gateway training or services shall have no effect on the amount of operating assistance to such agency under the United States Housing Act. Establishes an interagency Gateway Task Force (the Task Force) to advise and assist the Secretary in carrying out this Act. Directs the Secretary to provide the Task Force with necessary information and facilities. Directs the Secretaries of Labor, Housing and Urban Development, Education, and Health and Human Services to each appoint members of the Task Force. Terminates the Task Force five years after its first regularly called meeting. Directs the Secretary to review at least annually compliance with this Act by public housing agencies receiving gateway program grants. Directs the Task Force to review gateway programs at least annually to determine their merits in enhancing the employability of public housing residents, and report its recommendations to the Secretary. Sets forth procedures for withholding grant payments in cases of agency noncompliance. Directs the Secretary to transmit to the President and the Congress: (1) annual reports on Task Force activities and recommendations; and (2) a final report, by the date of Task Force termination, on Task Force findings, conclusions, and recommendations. Authorizes appropriations for FY 1990.
United States · United States Congress · 7 February 1989
Volunteer Protection Act of 1989 - Prescribes circumstances under which volunteers working for nonprofit organizations or government entities shall be immune from personal financial liability for acts on behalf of the organization or entity. Sets forth exceptions to and conditions on the granting of such immunity that a State may impose. Requires the Secretary of Health and Human Services to increase by one percent the fiscal year allotment which would otherwise be made to a State to carry out the Social Services Block Grant Program under title XX of the Social Security Act if such State has, within two years, certified to the Secretary that it has enacted a State law which provides such immunity. Provides for the continuation of such increase based on an annual recertification.
United States · United States Congress · 7 February 1989
Designates July 27, 1989, as National Korean War Veterans Recognition Day and expresses the gratitude of the Congress and the Nation for the contributions made by the Korean War veterans.
United States · United States Congress · 7 February 1989
Establishes congressional procedures for consideration of special messages submitted by the President proposing to rescind all or part of any item of appropriation provided in an approved appropriation bill.
United States · United States Congress · 7 February 1989
Expresses the sense of the Congress that the U.S. Government should reassess current policy and pursue a negotiated settlement to the civil war in El Salvador.
United States · United States Congress · 6 February 1989
SSI Benefit Improvement Amendments of 1989 - Title I: Provisions to Increase SSI Benefit Standards and Changes in Treatment of Certain In-Kind Income - Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act to gradually increase SSI benefits so that they are set at the Department of Health and Human Services' Federal Poverty Income Guidelines on and after January 1, 1992. Reduces the SSI benefits payable to a person living in another's household and receiving support and maintenance in kind by the amount of such support and maintenance if it is less than the one-third benefit reduction currently applicable. Eliminates the application of such benefit reduction to persons who pay a reasonable portion of household expenses. Treats an individual who becomes ineligible for SSI benefits by reason of his or her receipt of support or maintenance in kind as continuing to receive SSI benefits for Medicaid (title XIX of the Act) eligibility purposes. Requires the Secretary of Health and Human Services to notify individuals who have lost their SSI eligibility in such manner after 1983 of their possible eligibility for Medicaid benefits. Title II: Increases in SSI Resource Limits - Raises SSI resource eligibility limits. Directs the Secretary to annually notify SSI applicants and recipients of the resource limits in effect for the year. Title III: Establishment of Permanent SSI Outreach Program - Requires the Secretary to establish and conduct an SSI outreach program for: (1) low-income aged, blind, and disabled individuals who are not receiving SSI benefits; and (2) children who are potential SSI beneficiaries by reason of disability or blindness. Directs the Secretary to conduct an evaluation program and annually report to the Congress on the effectiveness of such outreach programs.
United States · United States Congress · 6 February 1989
Reproductive Health Equity Act - Amends title XIX (Medicaid) of the Social Security Act, the Indian Health Care Improvement Act, the Peace Corps Act, the District of Columbia Self-Government and Governmental Reorganization Act, and other Federal laws covering armed forces personnel and dependents, certain veterans, Federal employees' health benefits, and Federal penal and correctional institutions to provide that services related to abortion be made available in the same manner as are other pregnancy-related services under federally-funded programs. Repeals provisions of the Indian Health Care Improvement Act requiring submission of a resource allocation plan to the Congress by December 17, 1981.
United States · United States Congress · 6 February 1989
SSI Technical Amendments Act of 1989 - Title I: Changes in the Treatment of Income and Resources - Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act to treat unemployment compensation and worker's compensation as earned income for purposes of the SSI program. Treats income received on a weekly or biweekly basis as being received on a regular monthly basis at the same annual rate if such treatment would render the payee eligible for SSI benefits. Excludes the value of domestic commercial transportation tickets received as gifts and not converted to cash from income for SSI purposes. Reduces the amount of time during which a separated couple must be apart for their income and resources to be considered separately if such separation induces a financial emergency. Excludes specified amounts of interest and dividend income from an individual's income for SSI purposes. Increases the cash value of life insurance and burial fund accounts which is excluded from a beneficiary's resources for SSI purposes. Title II: Special Provision Related to SSI for the Mentally Ill - Excludes the time during which an individual was ineligible for SSI benefits by reason of being in a public mental institution from the one-year period of ineligibility after which a former SSI beneficiary must reapply for SSI benefits. Title III: SSI Status for Certain Individuals -Preserves the Medicaid (title XIX of the Act) eligibility of individuals who lose their SSI blindness or disability benefits upon entitlement to old-age or spouse's insurance benefits under the Old-Age, Survivors and Disability Insurance (OASDI) program (title II of the Act). Amends the Employment Opportunities for Disabled Americans Act to preserve the Medicaid eligibility of individuals who became ineligible for SSI benefits upon entitlement to or an increase in OASDI child's insurance benefits before July 1, 1987. Amends the SSI program to require that individuals who are considered to be receiving SSI benefits for Medicaid eligibility purposes continue to satisfy other Medicaid eligibility criteria. Presumes that such individuals have applied for Medicaid eligibility. Title IV: Effective Date - Sets October 1, 1989, as this Act's effective date, except where otherwise specified.
United States · United States Congress · 6 February 1989
Amends the Agricultural Act of 1949 to permit producers to rotate program acreage base crops with specified substitute crops. States that a substitute crop shall be considered a program crop for farm acreage base or crop acreage base determinations.
United States · United States Congress · 6 February 1989
American Heritage Trust Act of 1989 - Title I: American Heritage Trust - Establishes the American Heritage Trust, comprised of the Land and Water Conservation Fund and the Historic Preservation Fund, to provide funding for the preservation of America's natural, historical, cultural, and outdoor recreational areas. Title II: Land and Water Conservation Fund - Amends the Land and Water Conservation Fund Act to require the Secretary of the Treasury to invest a portion of the Land and Water Conservation Fund in public debt securities. Requires that the interest from such investments be used for the preservation of the Nation's recreational areas. Requires any excess interest to be credited to the Treasury. Sets forth a formula for the allocation of such interest income to the Federal Government and the States. Sets forth specified requirements with respect to the apportionment of such income to local and State governments, Indian tribes, and Alaska Native Village Corporations. Title III: Historic Preservation Fund - Amends the National Historic Preservation Act to extend the Historic Preservation Fund through 2015. Requires the Secretary of the Treasury to invest a portion of such Fund in public debt securities. Requires that the interest from such investments be used for the preservation of historic sites. Provides for allocation of a percentage of annual appropriations for State historic preservation trust funds. Title IV: Miscellaneous Provisions - Requires the owner of any site that benefits from moneys derived from the American Heritage Trust to install a sign indicating that fact. Requires the Secretary of the Interior, within 18 months after enactment of this Act, to provide for a contest for elementary or secondary school children for the design of a symbol to represent such Trust and for use in such signs.
United States · United States Congress · 6 February 1989
Provides that no adjournment of either House of Congress, other than an adjournment sine die to end a Congress, prevents the return of a bill by the President.
United States · United States Congress · 6 February 1989
Directs the Comptroller General to conduct an annual audit of the Federal Reserve Board, the Federal Advisory Council, the Federal Open Market Committee, and all Federal Reserve banks and their branches. Requires the Comptroller General, within six months after the end of each fiscal year, to report to the Congress on the results of such audit.
United States · United States Congress · 6 February 1989
Medicaid Community and Facility Habilitation Services Amendments of 1989 - Title I: Community Habilitation and Supportive Services - Amends title XIX (Medicaid) of the Social Security Act to authorize States to cover community habilitation and supportive services for individuals with mental retardation or related conditions without regard to whether or not such individuals have been discharged from a nursing or habilitation facility. Defines community habilitation and supportive services as services which assist individuals in developing and maintaining the skills necessary to function successfully in a home or community-based setting. Requires that community habilitation and supportive services be provided to each client in accordance with an individual service plan prepared and periodically reviewed and revised by an interdisciplinary team on the basis of a comprehensive functional assessment of a client's needs conducted before his or her receipt of services and at least annually thereafter. Requires that such services meet minimum requirements, to be developed by the Secretary of Health and Human Services, regarding client rights and service quality. Makes the requirements imposed on habilitation facilities (under title II of this Act) regarding patient's rights and facility safety and sanitation applicable to residential settings in which community habilitation and supportive services are provided. Requires that residential settings: (1) disclose persons having an ownership or control interest in the setting; and (2) exclude a person from such interest if he or she has been excluded from the Medicaid program or had an interest in a residential setting repeatedly found to have provided substandard care. Requires a habilitation facility which converts to a residential setting to continue to provide continuous active treatment to residents who required such treatment at the time of conversion. Requires a residential setting to document a client's receipt of medical services. Makes the: (1) Secretary responsible for certifying that State providers of community habilitation and supportive services and residential settings in which such services are provided comply with Medicaid requirements; and (2) States responsible for certifying that other providers of and residential settings for such services comply with Medicaid requirements. Requires each State to: (1) conduct periodic educational programs for the staff and clients in residential settings for community habilitation and supportive services regarding requirements imposed on such setting; and (2) provide, through the State agency responsible for the certification of such providers and residential settings, for the receipt, review, and investigation of allegations of client neglect and abuse and of misappropriation of client property by providers. Requires that such providers and settings be certified annually. Bases residential setting certification on an annual, unannounced survey. Directs the Secretary to: (1) develop a protocol for conducting surveys; and (2) conduct sample surveys of residential settings, within two months of State surveys, to test the adequacy of State surveys. Authorizes the Secretary to conduct a special survey of a setting or a review of the provider when there is reason to question its compliance with this Act. Prohibits the use of surveyors who have an interest in the provider or setting being surveyed or have not completed a training and testing program approved by the Secretary. Requires States and the Secretary to investigate complaints against providers or settings concerning violations of this Act's requirements. Requires that: (1) certain information regarding providers and settings and their compliance with this Act's requirements be made available to the public; and (2) the State agency responsible for the protection and advocacy system for the developmentally disabled and the guardians of clients be notified of a provider's or setting's noncompliance with this Act's requirements. Gives State Medicaid fraud and abuse control units access to provider or setting survey and certification information. Requires that when the Secretary or State determines that a provider's or setting's deficiencies immediately jeopardize the client's health and safety, immediate action be taken to remove the jeopardy and correct the deficiencies or the provider's or setting's participation in Medicaid be terminated. Directs the Secretary and States to apply certain other remedies where the health and safety of clients are not immediately jeopardized. Requires the imposition of civil money penalties against providers and settings which are, or are found to have been, out of compliance with any of this Act's requirements. Sets forth the Secretary's responsibilities relating to community habilitation and supportive service requirements. Eliminates the restriction of the Medicaid waiver for community habilitation services to individuals who have been discharged from a skilled nursing or intermediate care facility. Directs the Secretary to report to the Congress annually on the extent to which providers and residential settings are complying with this Act's requirements and the number and type of enforcement actions taken by the Secretary and the States. Title II: Quality Assurance for Habilitation Facility Services - Defines a "habilitation facility" as an institution primarily engaged in providing health or habilitation services to individuals with mental retardation or related conditions and not primarily for the care and treatment of mental diseases. Sets forth requirements for habilitation facilities, including requirements that such facilities: (1) promote maintenance or enhancement of the quality of life, independence, productivity, and integration into the community of each client; (2) provide continuous active treatment which is coordinated and monitored by a qualified mental retardation professional; (3) provide such treatment in accordance with an individual program plan prepared and periodically reviewed and revised by an interdisciplinary team of professionals on the basis of an assessment of a client's developmental and behavioral management needs conducted upon the client's admission and at least annually thereafter; (4) not admit any new client with mental retardation or a related condition on or after January 1, 1991, unless the State mental retardation or developmental disability authority has determined on the basis of an evaluation performed independently of the facility that the individual requires habilitation facility services; (5) provide physician services 24 hours a day, annual physical examinations, licensed nursing services, comprehensive dental diagnostic and treatment services, routine and emergency drugs and biologicals, professional program services to implement each client's active treatment plan, and meal services; (6) require a physician's supervision of each patient's care, have a physician available to furnish emergency medical care, and maintain clinical records on all clients; (7) protect specified client rights, including the right to appeal a transfer or discharge and receive post-discharge preparation and planning services; (8) provide applicants and residents with information regarding the Medicaid program and not require applicants to waive their rights to such benefits or have a third party guarantee payment to the facility as a condition of their admission; (9) protect a client's personal funds upon the client's authorization and teach clients to manage their funds to the extent of their capabilities; (10) adopt certain measures to preserve facility safety and sanitation; and (11) meet such other conditions which the Secretary of Health and Human Services deems necessary for client health and safety. Sets forth the Secretary's responsibilities relating to habilitation facility requirements. Makes the Secretary responsible for certifying that State habilitation facilities comply, and States responsible for certifying that other habilitation facilities comply, with Medicaid habilitation facility requirements. Requires each State to: (1) conduct periodic educational programs for habilitation facility staff and clients regarding the requirements imposed on such facilities; and (2) provide, through the State agency responsible for the certification of habilitation facilities, for the receipt, review, and investigation of allegations of client neglect and abuse and of misappropriation of client property by facility staff. Bases habilitation facility certification on an annual, unannounced survey. Directs the Secretary to: (1) develop and test a protocol for conducting surveys; (2) establish minimum qualifications for surveyors and train them in survey and certification techniques; and (3) conduct sample surveys of habilitation facilities, within two months of State surveys, to test the adequacy of State surveys, and reduce Federal payments for State Medicaid administrative costs if such State surveys prove inadequate. Authorizes the Secretary to conduct a special survey of a facility when there is reason to question its compliance with this Act. Requires States and the Secretary to investigate complaints against a facility and monitor the compliance of a facility with this Act's requirements if the facility was previously found out of compliance or the State or Secretary has reason to question its compliance. Requires that: (1) certain information regarding habilitation facilities and their compliance with this Act's requirements be made available to the public; (2) the State agency responsible for the protection and advocacy system for the developmentally disabled and the guardians of facility clients be notified of a facility's noncompliance with this Act's requirements; and (3) survey results be posted in a place that is readily assessible to clients. Gives State Medicaid fraud and abuse control units access to facility survey and certification information. Requires that when the Secretary or a State determines that a habilitation facility's deficiencies immediately jeopardize residents' health and safety, immediate action be taken to remove the jeopardy and correct the deficiencies or such facility's participation in Medicaid be terminated. Directs the Secretary and States to apply certain other remedies where the health and safety of facility residents are not immediately jeopardized. Authorizes the imposition of civil money penalties against facilities found to be in compliance with this Act's requirements but to have been out of compliance previously. Provides that if a facility is out of compliance with any of this Act's requirements three months after having been found out of compliance with such requirements or on three consecutive annual surveys, Medicaid payments for newly admitted residents shall be denied, civil monetary penalties assessed and collected, and, in the latter case, on-site monitoring of the facility's compliance shall be established. Provides that when a facility is found to have deficiencies relating to the facility's physical plant that do not immediately jeopardize the health or safety of its clients, the State may submit to the Secretary a written plan for permanently reducing the number of certified beds in such facility within 36 months of such finding and providing services, including community habilitation and supportive services, to clients who thereby cease to receive facility services. Requires that Medicaid-eligible clients be given the option of retaining facility services. Requires the Secretary to report to the Congress annually on the extent to which habilitation facilities are complying with this Act's requirements and the number and type of enforcement actions taken by States and the Secretary. Title III: Appropriate Placement for Individuals with Mental Retardation or Related Condition - Requires that State mental retardation or developmental disability authorities conduct preadmission and annual reviews of habilitation facility applicants and residents with mental retardation or related conditions to determine whether they require facility services or community habilitation and supportive services. Directs that such preadmission and annual reviews be conducted in accordance with criteria to be developed by the Secretary by July 1, 1990. Requires States to provide community habilitation and supportive services for facility clients who need such services but no longer need habilitation facility services. Requires States to establish an appeals procedure for individuals adversely affected by such preadmission and annual reviews. Eliminates existing utilization review and penalty provisions directed at the provision of services in an intermediate care facility for the mentally retarded. Title IV: Payment for Community Habilitation Services and Habilitation Facility Services - Covers the reasonable and adequate costs of community habilitation and supportive services and habilitation facility services. Prohibits Medicaid reimbursement of providers or facilities for civil monetary penalties imposed pursuant to this Act. Title V: Employee Protections and Miscellaneous - Provides employment protections for employees affected by habilitation facility closures or capacity reductions occurring after this Act's enactment. Authorizes States to assign specific management functions relating to the provision of Medicaid services to individuals with mental retardation or related conditions to State agencies responsible for developmentally disabled individuals.
United States · United States Congress · 6 February 1989
Comprehensive Health Care Improvement Act of 1989 - Title I: Qualified Health Insurance Plans - Part A: Definitions and Standards for Qualified Plans - Defines a "plan of health coverage" as any plan or combination of plans, including combinations of self-insurance, individual accident and health insurance policies, group accident and health insurance policies, coverage under a nonprofit health service plan, or coverage under a health maintenance organization (HMO) subscriber contract. Directs the Secretary of Health and Human Services to establish standards for qualified plans and procedures for the review and certification of plans of health coverage as qualified plans. Provides that a plan shall be certified as an "A" qualified plan if it meets State requirements and meets the following minimum standards: (1) the minimum benefits for a covered individual equal at least 80 percent of the covered expenses in excess of an annual deductible not exceeding $250 per person or $250 for each of two members of a covered family; (2) the coverage includes a limitation of $3,000 per person and $6,000 for a covered family on total annual out-of-pocket expenses for covered expenses; (3) the coverage is subject to a $1,000,000 maximum life-time benefit; and (4) the $3,000, $6,000, and $1,000,000 limitations are not subject to change or substitution by use of an actuarially equivalent benefit. States that covered expenses are the usual and customary charges of a physician or chiropractor. Lists covered and excluded services. Deems HMOs providing certain services to be providing an "A" qualified plan. Certifies as a "B" qualified plan a plan which meets the requirements of an "A" plan, except that the annual deductible does not exceed $1,000 per person. Directs the Secretary, to the extent feasible, to provide for the review and certification by the insurance commissioner of each State of qualified plans to be offered in the State. States that the sale of plans is in and affects interstate commerce and that, in order to properly regulate such sales, it is necessary to regulate such sales in intrastate, as well as interstate, commerce. Requires every plan of health coverage sold to be labelled as "qualified" or "nonqualified" on the front of the policy. Requires each advertisement or promotion for a plan to specify whether the plan is "qualified" or "nonqualified." Part B: Requiring Offering of Certain Qualified Plans - Requires each employer employing an average of ten or more employees annually to make available a plan or combination of plans of health coverage which: (1) has been certified as an "A" or supplemental plan; (2) is a qualified convertible plan; and (3) permits coverage of an employee's spouse and children. Defines a "qualified convertible plan" as a plan of health coverage which: (1) permits each enrolled individual to continue coverage for one year and then to convert the plan to any individual qualified plan without the addition of underwriting restrictions if, for any reason, the individual leaves the group; and (2) permits, in the case of the death of the individual in whose name the contract was issued, other individuals covered under the plan to continue coverage without the addition of underwriting restrictions. Sets forth civil penalties for noncompliance. Excludes from the term "employee," for purposes of this provision, certain new, part time, part year, young, bargaining unit, and nonresident alien employees. Part C: Offering of Comprehensive Health Insurance by States - Amends title XIX (Medicaid) of the Social Security Act to require the establishment and operation of a comprehensive health association in each State and a comprehensive health plan in each State, in accordance with this part of this Act. Defines a "comprehensive health insurance plan" to mean policies of insurance and contracts of HMO coverage offered by an association through the writing carrier in the State. Defines the "writing carrier" as the insurers and HMOs approved to administer the comprehensive health insurance plan. Provides that each State commissioner of insurance, consistent with any regulations the Secretary may promulgate: (1) may formulate general policies to advance the purposes of this title; (2) shall supervise the creation of the State comprehensive health association; (3) shall approve the selection of the writing carrier by the association in the State and approve the association's contract with the writing carrier, including the State plan coverage and premiums to be charged; (4) may appoint advisory committees with respect to implementation of this part; (5) shall conduct periodic audits to assure the general accuracy of the financial data submitted by the writing carrier and the association in the State; (6) shall contract with the Federal Government and may contract with any other unit of government to ensure coordination of the State plan of the association with other governmental assistance programs; (7) may undertake, directly or through contracts with other persons, studies or demonstration programs to develop awareness of the benefits provided under this Act, so that residents of the State may best avail themselves of the health care benefits provided hereunder; (8) may contract with insurers and others for administrative services; and (9) may adopt, amend, suspend, and repeal rules as reasonably necessary to carry out and make effective the provisions and purposes of this part. Requires each State to provide for the establishment of a comprehensive health association with membership consisting of all insurers, fraternal beneficiary associations, other entities offering health policies, and HMOs authorized or licensed to do business in the State. Exempts each association from State taxation. Provides for a board of directors of each association. Requires that all members of an association: (1) maintain their membership in the association as a condition of doing accident and health insurance, self-insurance, or HMO business in the State; and (2) enter into a reinsurance contract with the association as required by this part. Exempts members of an association, in the performance of their duties as members, from Federal and State antitrust laws. Authorizes each association to provide for the reinsuring of risks incurred as a result of issuing qualified plans by members of the association. Requires each member which elects to reinsure its risks to determine the categories of coverage it elects to reinsure in the association. Provides that the categories consist of: (1) individual qualified plans, excluding group conversions; (2) group conversions; (3) group qualified plans with fewer than 50 employees or members; and (4) major medical coverage. Requires each association through its comprehensive health insurance plan to offer: (1) policies which provide the benefits of "A" and "B" qualified plans; and (2) HMO contracts in those areas of the State where an HMO has agreed to make the coverage available and has been selected as a writing carrier. Requires the comprehensive health insurance plan for a State to be open for enrollment by individuals residing in the State, who can enroll by submitting a certificate of eligibility to the writing carrier which certifies the applicant's name, address, age, length of residence, dependents to be insured, and type of coverage desired. Provides that upon certification the individual can enroll in a State's comprehensive health insurance plan by payment of the State plan premium to the writing carrier. Requires each member of an association to share the claims expenses for approved plans and the operating and administrative expenses incurred by the association, pursuant to the terms of the individual reinsurance contracts executed by the association with each member. Sets forth a method to determine each member's share of expenses. Authorizes any member of an association in a State to submit for approval to the State commissioner the policies of accident and health insurance or the HMO contracts which are being proposed to serve in the comprehensive health insurance plan. Authorizes the association to select approved policies and a contract to be the comprehensive health insurance plan based upon the member's proven ability to handle large group accident and health insurance cases, claims paying capacity, and estimate of total charges for plan administration. Requires each writing carrier to: (1) perform all required administrative and claims payment functions; and (2) report monthly to the association and State commissioner. Exempts premiums received by a writing carrier for the comprehensive health insurance plan from State taxation. Requires each association in a State to disseminate information to State residents regarding the existence of the comprehensive health insurance plan and the means of enrollment. Requires each writing carrier to pay an agent's referral fee, in an amount to be determined by the association, to each insurance agent referring an applicant to the State comprehensive health insurance plan, if the application is accepted. Title II: Program of Assistance to States for Assisting Low-Income Individuals to Purchase Comprehensive Health Insurance - Comprehensive Health Insurance Assistance Act of 1989 - Adds a new title XXI to the Social Security Act entitled "Grants to States for Assistance to Low-Income Individuals in the Purchase of Comprehensive Health Insurance." Authorizes appropriations under title XXI to enable each State to provide assistance to low-income individuals in the purchase of comprehensive health insurance under title XXI. Specifies the amount authorized for each fiscal year. Requires the sums made available under this title to be used to make payments to States which have submitted, and have been approved by the Secretary, State plans for comprehensive health insurance assistance to low-income individuals. Directs the Secretary to pay each State with an approved plan, from the sums appropriated, an amount equal to 50 percent of the sums expended which are attributable either to assistance under the plan to low-income individuals or to plan administration. Prohibits such amount, during any quarter, from exceeding the product of $2.50 and the State's population. Requires a State plan for comprehensive health insurance assistance to low-income individuals, in order to be approved by the Secretary, to meet specified criteria. Title III: Program of Assistance to States for Assisting Individuals Who Incur Catastrophic Expenses for Health Care - Catastrophic Health Care Expenses Assistance Act of 1989 - Amends the Social Security Act to add a new title XXII entitled "Grants to States for Assistance to Individuals Incurring Catastrophic Expenses for Health Care." Authorizes appropriations for each fiscal year to enable each State to furnish medical assistance for catastrophic illness. Requires a State to have submitted and have approved by the Secretary a plan for medical assistance for catastrophic illness. Directs the Secretary to pay each State with an approved plan, from the sums appropriated, an amount equal to 50 percent of the sums expended which are attributable either to payments made under the plan to eligible individuals or to plan administration. Prohibits such amount, during any quarter, from exceeding the product of $0.625 and the State's population. Sets forth circumstances in which payment with respect to expenses is prohibited. Lists requirements for a State plan to be approved by the Secretary. Defines an "eligible individual" as an individual who incurs an obligation to pay, in a consecutive 12-month period, expenses (including dependent's expenses) exceeding the greater of $3,000 (or such lower amount as the State may establish) or 30 percent of household income up to $25,000, plus 40 percent of household income between $25,000 and $40,000, plus 50 percent of household income in excess of $40,000 (or such lower respective percentages of such incomes, or of such higher incomes as the State may establish).
United States · United States Congress · 6 February 1989
SSI Disabled and Blind Children Act of 1989 - Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act to require the Secretary of Health and Human Services to conduct an individualized assessment of a child's mental and physical impairments in determining his or her eligibility for SSI benefits by reason of disability or blindness. Establishes a presumption that a child under age four with a genetic or congenital impairment is disabled or blind for SSI purposes if it is probable that more accurate clinical and laboratory techniques would prove such to be the case. Directs the Secretary to publish, within 30 days of this Act's enactment, a revision of specified listings of mental and emotional disorders which justifies each deviation from recommendations contained in the Revised Childhood Listings of Mental Impairments submitted by the Mental Impairment Listings Workgroup to the Associate Commissioner for Disability on April 1, 1986. Requires the Secretary to: (1) consider age-appropriate medical and functional criteria developed by experts in childhood disability in reviewing and revising all childhood listings; and (2) publish a revised listings and explain deviations from the recommendations of experts within 18 months of this Act's enactment. Establishes a formula for determining the amount of parental resources deemed available to a disabled or blind child for SSI benefit and eligibility purposes. Excludes property which is essential to the self-support of an individual from his or her resources, but includes income from such property in such individuals earned income. Requires States to provide Medicaid coverage (under title XIX of the Act) for all SSI blind or disabled children.
![Official portrait of Rep. Bates, Jim [D-CA-44]](https://www.congress.gov/img/member/b000236_200.jpg)