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
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 · 7 February 1989
Veterans' Health-Care Programs Amendments of 1989 - Title I: Personnel Provisions - Directs the Secretary of Veterans Affairs to provide special pay for nurses (as is currently provided to physicians and dentists) in a specified amount (depending on full- or part-time employment) upon the execution of a written agreement to complete a specified period of service with the Veterans Health Services and Research Administration of the Department of Veterans Affairs. Directs the Secretary, in addition to such special pay, to provide incentive special pay to Department nurses for: (1) tenure of service within the Administration of two years or more but less than five years; (2) tenure of service within the Administration of five years or more: (3) service in intensive care units, critical care units, emergency rooms, operating rooms, or in nursing specialties for which recruitment and retention of qualified nurses is difficult; (4) service in a specific geographic location in which it is especially difficult to recruit and retain qualified nurses; and (5) service in a head nurse position. Directs the Secretary to provide such incentive special pay, under the same criteria, for eligible part-time nurses employed in the Administration. Provides that the agreement required for the payment of special pay may only be entered into if the nurse is a registered nurse and an employee of the Administration whose duty assignments involve direct patient care. Provides specified amounts (per annum) of such special incentive pay for qualified nurses within the Administration. Extends premium pay for nurses for work performed during certain hours or for overtime work to licensed practical or vocational nurses and nurse assistants of the Administration. Excludes Administration employees appointed and paid under general Federal provisions governing appointments in the competitive service from any Federal veterans' benefits provisions limiting employment outside of the Department. Includes nurses who are retired military personnel and who are necessary to meet emergency employment needs in the category of Administration personnel who are exempt from reductions in retirement pay under Federal provisions regarding pay administration in the competitive service. Authorizes the Secretary, upon the recommendation of the Chief Medical Director of the Department, to appoint qualified individuals in the competitive civil service to the Administration without regard to Federal provisions regarding examination, certification, and appointment in the competitive service. Requires the Secretary to apply the principles of preference for hiring established under such Federal provisions. Title II: Health Program Amendments - Extends permanently the authority of the Secretary to provide respite care services to eligible veterans. (Currently, such authority expires as of the end of FY 1989.) Extends through FY 1992 the authority for the making of grants to States for the construction of State nursing home facilities. Amends the Veterans' Home Loan Program Improvements and Property Rehabilitation Act of 1987 to convey to employers who employ veterans participating in a compensated work therapy program real property and improvements for not less than 75 percent of the fair market value of such property. Rescinds a Department medical regulation relating to the use of community nursing home facilities. Title III: Health-Care Management - Directs the Secretary, during FY 1990 and 1991, to carry out a pilot program in one medical region of the Administration for an improved management system for amounts payable to the United States from programs administered by the Administration. Requires the Secretary to develop an automated program to carry out billing and collection of fees. Sets forth the requirements of such program and the allocation of amounts received by the Department through such program. Provides that the amounts retained and allocated shall be used for: (1) pay and other personnel benefits to enhance the recruitment and retention of Administration health-care employees; and (2) the supplementing of medical equipment accounts of medical centers at which such accounts are deficient. Authorizes appropriations. Makes military dependents who are eligible for medical care under Federal armed forces provisions eligible for health care under sharing agreements for health-care resources between the Department and the Department of Defense. Requires the Secretary, by October 1, 1989, to compile a list of individuals eligible for medical care under veterans' benefits provisions relating to survivors and dependents of certain veterans. Provides that the Secretary may pay benefits only to persons on such list. Directs the Secretary, no later than October 1, 1989, to establish a procedure for the periodic review of the need for, and the cost-effectiveness of, such medical care. Requires the Inspector General of the Department to report to the Senate and House veterans' committees on the Secretary's compliance with the establishment of such list and the procedures of such review. Directs the Secretary to study alternative methods for providing for the costs of such medical care and to report such study to the Congress. Authorizes appropriations. Prohibits the Department canteen service from contracting for the performance by any individual not employed by the United States of any activity that would otherwise be performed by an individual employed by the United States who is compensated with nonappropriated funds. Declares that the head of such service may not be required to report to any Department official other than the Secretary and the Deputy Secretary.
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
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
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
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
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.
United States · United States Congress · 2 February 1989
Family and Medical Leave Act of 1989 - Title I: General Requirements for Family Leave and Medical Leave - Entitles employees to family leave for specified periods in cases involving the birth, adoption, foster care, or serious health condition of a child or the serious health condition of a parent. Entitles employees to temporary medical leave for specified periods in cases involving inability to work because of a serious health condition. Sets forth conditions for certification for such types of leave. Provides that such leave may be without pay. Allows employees to substitute other types of paid leave to cover part of such leave period. Sets forth employment and benefits protections relating to such leave. Provides for administrative enforcement of this title by the Secretary of Labor, as well as enforcement by civil action. Requires employers to post notice of the pertinent provisions of this title. Title II: Family Leave and Temporary Medical Leave for Civil Service Employees - Amends specified Federal law to entitle civil service employees to family and temporary medical leave for specified periods. Provides that such leave will be without pay. Allows employees to substitute other types of paid leave for part of such leave. Provides for protection for job position and health insurance benefits of employees using such leave. Directs the Office of Personnel Management to prescribe regulations for administration of this title which are consistent with the regulations prescribed by the Secretary of Labor under title I of this Act. Title III: Commission on Family and Medical Leave - Establishes the Commission on Family and Medical Leave. Requires the Commission to report on its study of family and medical leave (which may include legislative recommendations concerning coverage of small businesses) to the Congress within two years after the Commission first meets. Terminates the Commission within 30 days after its final report. Title IV: Miscellaneous Provisions - Sets forth the effect of this Act on existing laws and existing employment benefits. Provides that nothing in this Act shall be construed to discourage employers from adopting more generous leave policies. Directs the Secretary of Labor to prescribe regulations to carry out title I of this Act within 60 days.
United States · United States Congress · 2 February 1989
California Desert Protection Act of 1989 - Title I: Wilderness Additions - Designates as additions to the National Wilderness Preservation System 81 wilderness areas within the California Desert Conservation Area (CDCA), the Yuma District, and the Bakersfield District of the Bureau of Land Management. States that non-designated areas within the CDCA have been adequately studied for inclusion in the System and are therefore released from otherwise applicable restrictions. Designates certain lands within the CDCA as the White Mountains Wilderness Study Area. Title II: Death Valley National Park - Establishes the Death Valley National Park which subsumes the Death Valley National Monument. Withdraws the additional lands from further exploitation under the mining laws. Requires the Secretary of the Interior (the Secretary) to determine the validity of any unpatented mining claims within such additional lands and whether the United States should acquire any mineral rights in such lands. Title III: Joshua Tree National Park - Establishes the Joshua Tree National Park which subsumes the Joshua Tree National Monument. Withdraws the additional lands from further exploitation under the mining laws. Requires the Secretary to determine the validity of any unpatented mining claims within such additional lands and whether the United States should acquire any mineral rights in such lands. Title IV: Mojave National Park - Establishes the Mojave National Park which subsumes the East Mojave National Scenic Area. Withdraws Federal lands within the Park from further exploitation under the mining laws. Requires the Secretary to determine the validity of any unpatented mining claims within the Park and whether the United States should acquire any mineral rights in such lands. Authorizes the Secretary to regulate mining in such Park. Allows grazing only to the extent allowed in current permits. Continues the validity of existing rights-of-way for specified activities. Directs the Secretary to prepare and report to the appropriate congressional committees, within three years, on a management plan for the Park. Designates the Granite Mountains Natural Reserve within the Park. Authorizes the Secretary to construct a visitors' center and acquire lands. Authorizes appropriations. Title V: National Park Wilderness - Designates as wilderness the Death Valley National Park Wilderness, the Joshua Tree National Park Wilderness Additions, and the Mojave National Park Wilderness. Title VI: Miscellaneous Provisions - Directs the Secretary to transfer Red Rock Canyon State Park Additions in the CDCA to California. Establishes the Desert Lily Sanctuary within the CDCA. Establishes the Indian Canyons National Historic Site. Authorizes the Secretary to exchange Federal mineral interests in lands in California for private mineral interests in wilderness areas and national parks designated by this Act. Directs the Secretary to insure nonexclusive access to such wilderness areas and parks by Indian people for traditional cultural and religious purposes. Title VII: Military Activities - Provides that nothing in this Act shall preclude, limit, or otherwise affect low level overflights of military aircraft in the California desert in the same location and degree as existed prior to enactment of this Act. Withdraws from appropriation under the public land laws and reserves for military use by the Secretary of the Navy specified lands in California known as the China Lake Naval Weapons Center in Inyo, Kern, and San Bernardino Counties and Chocolate Mountain in Imperial County. Requires the Secretary to manage such lands' nonmilitary uses, subject to closure by the Secretary of the Navy for security or safety purposes. Requires the Secretary to develop, within three years, a management plan for such lands. Requires the Secretary of the Navy to prevent and suppress brush and range fires with reimbursable assistance from the Bureau of Land Management. Requires the Secretaries to enter into a memorandum of understanding concerning the management plan which includes the provision of fire control assistance upon request. Requires the Secretary of Defense to notify the Secretary whenever withdrawn lands are being used for defense-related purposes other than those specified, including the effect of such different use. Authorizes the Secretary to delegate management responsibilities for China Lake to the Secretary of the Navy. Requires the Secretary of the Navy to report annually to the Secretary, who shall then report to the appropriate congressional committees on the status of natural and cultural resources on such withdrawn lands. Terminates land withdrawals under this Act 15 years after this Act's enactment. Requires the Secretary of the Navy to publish a draft environmental impact statement on the continued or renewed withdrawal of lands under this Act. Requires such Secretary to hold a public hearing in California before the withdrawal's termination. Requires the Secretary of the Navy to maintain a decontamination program for such lands during their withdrawal. Requires the Secretary to report annually to the appropriate congressional committees on such decontamination efforts. Requires the Secretary of the Navy to notify the Secretary, at least three years before the termination of the withdrawal, whether an extension is going to be requested and, if not, to what extent such lands are contaminated with hazardous materials. Requires the Secretary of the Navy to decontaminate relinquished lands, but if such decontamination is not practicable or economically feasible, authorizes the Secretary to refuse to accept such lands. Requires the Secretary of the Navy to then: (1) warn the public of risks of entry; (2) conduct only decontamination activities on such lands after the expiration of the withdrawal; and (3) report to the Secretary and the Congress on the status of such lands. Directs the Secretary to publish the acceptance of withdrawn lands, indicating when such lands will be open and under what conditions. Exempts the United States from liability for injuries or damages resulting from nonmilitary activity on withdrawn lands. Authorizes an extension of the Navy's use of the El Centro Ranges in Imperial County, California, through January 1, 1990, subject to resource protection requirements.
United States · United States Congress · 2 February 1989
Medicaid Infant Mortality Amendments of 1989 - Amends title XIX (Medicaid) of the Social Security Act to phase-in mandatory State coverage of pregnant women and infants whose family income is below 185 percent of the Federal poverty level. Deducts child and medical care costs from the income eligibility test. Requires the continuation of such coverage for women through the month in which the 60-day post-partum period expires, and for infants throughout their first year of life. Directs the Secretary of Health and Human Services to report to the Congress by July 1, 1990, on State error rates in determining the Medicaid eligibility of pregnant women and infants. Suspends error rate penalties attributable to such eligibility determinations made from July 1, 1989, until one year after the Secretary's report. Requires that States make ambulatory prenatal care available to a pregnant woman during a presumptive eligibility period which ends when she is determined to be ineligible for Medicaid benefits or 14 days after she is determined to be eligible, but fails to apply. Amends title V (Maternal and Child Health Services) of the Act to require States to provide outreach services for Medicaid-eligible pregnant women and infants under such title. Amends the Medicaid program to reimburse States, at the Federal Medicaid assistance percentage, for outreach services identifying Medicaid-eligible pregnant women and infants and assisting them in applying for Medicaid coverage. Requires that States submit information to the Secretary, by April 1 of each year, pertaining to the supply of and demand for obstetrical and pediatric services and proposed Medicaid payment rates for such services so that the Secretary may determine whether such rates are sufficient to ensure that obstetrical and pediatric services will be at least as available to Medicaid beneficiaries as they are to the general population. Requires States to immediately revise rates determined to be insufficient. Increases, by 25 percent, the Federal share of Medicaid costs attributable to State demonstration projects to reduce infant mortality and childhood morbidity by improving the access of Medicaid-eligible pregnant women and infants to obstetricians and pediatricians. Limits FY 1990 expenditures for such projects. Excepts Medicaid-eligible pregnant women from required cooperation with States in establishing the paternity of children born out of wedlock. Requires States to: (1) coordinate Medicaid services with the special supplemental food program for women, infants, and children (WIC) under the Child Nutrition Act of 1966; and (2) notify Medicaid-eligible pregnant, breastfeeding, or postpartum women and children under age five of WIC program benefits.
United States · United States Congress · 2 February 1989
Amends the Export Administration Act of 1979 to require the Secretary of Commerce to establish and maintain an export assistance office in northern California. Requires that the Secretary's annual report on the administration of such Act include detailed information with respect to efforts to keep the business sector informed of the activities of all regional, district, or field export assistance offices.
United States · United States Congress · 31 January 1989
American Conservation and Youth Service Corps Act of 1989 - Title I: American Conservation Corps - Establishes the American Conservation Corps (ACC), to be administered by Federal agencies and through a State grant component. Directs the Secretaries of the Interior and of Agriculture to establish the Federal component of the ACC within their agencies to administer programs on Federal lands. Encourages Federal agencies to enter into program agreements with program agencies, local governments, and nonprofit organizations. Directs the Secretary of the Interior to establish a program of grants to States to administer the State component of the ACC involving work on non-Federal public lands and waters. Directs each Governor to designate a State program agency. Authorizes any local government to establish a program agency to carry out the State component within its political subdivision if the State program agency has not been designated at the commencement of a fiscal year. Requires States carrying out such programs to provide mechanisms for participation by local governments and nonprofit organizations. Authorizes the ACC to carry out conservation, rehabilitation, and improvement projects relating to: (1) wildlife habitat, rangelands, parks, recreational areas; (2) urban revitalization and historical and cultural sites; (3) fish and fisheries; (4) roads and trails; (5) erosion, floods, droughts, and storm damage assistance and control; (6) streams, lakes, waterfront harbors, and ports; (7) wetlands protection and pollution control; (8) insect, disease, rodent, and fire prevention and control; (9) improvement of abandoned railroad beds and rights-of-way; (10) energy conservation, renewable resources, and biomass recovery; (11) reclamation and improvement of strip-mined land; and (12) forestry, nursery, and cultural operations. Limits such projects to those on public lands or Indian lands, except where the administering Secretary determines that a project involving other lands will provide a public benefit. Encourages any land or water conservation or related program administered in any State under authority of any Federal program to use ACC services. Title II: Youth Service Corps - Requires the Director of the ACTION Agency to appoint an Assistant Director to make grants for youth service projects to eligible public and private nonprofit agencies, and to otherwise administer Youth Service Corps (YSC) programs under this title. Provides for designation of specific activities as eligible service categories if: (1) they are of substantial social benefit in meeting unmet human, social (especially poverty-related), or environmental needs in a community; (2) they will not interfere unreasonably with employment availability and terms of employees of sponsoring organizations; and (3) participants are qualified for such activities. Allows such service categories to include service in: (1) State, local, and regional governmental agencies; (2) nursing homes, hospices, senior centers, hospitals, local libraries, parks, recreational facilities, day care centers, and schools; (3) law enforcement, penal, and probation agencies; (4) private nonprofit social services organizations; (5) rehabilitation or improvement of public facilities or neighborhoods, literacy programs, weatherization and repair of low-income housing, energy conservation (including solar energy), removal of public facility architectural barriers to the handicapped, and conservation, maintenance, or restoration of natural resources on publicly held lands; and (6) any other nonpartisan civic activities and services determined appropriate by the Assistant Director. Prohibits such service categories from including any position in any: (1) business organized for profit; (2) labor union; (3) partisan political organization; (4) religious organization, unless the position does not involve any religious functions; or (5) domestic or personal service organization. Title III: Youth Skills Enhancement - Requires the administering Secretary or the Assistant Director (as the case may be) to provide guidance and assistance to States in securing certification of training skills or academic credit for competencies developed under this Act. Directs each program agency to: (1) maintain or enhance, through programs and projects under this Act, the educational skills of program enrollees; (2) assess an entering enrollee's educational level; (3) use at least ten percent of program funds to provide in-service training and educational materials and services for enrollees and persons serving in such projects; and (4) use at least ten percent of program funds for post-service education and training assistance. Directs appropriate State and local officials to certify standards and procedures for awarding academic credit and certifying educational attainment in such programs. Requires such standards and procedures to specify that any person serving in a program or project under this Act: (1) who is not a high school graduate shall participate in an educational component progressing toward a high school diploma or its equivalent; and (2) may arrange to receive academic credit in recognition of learning and skills obtained from service satisfactorily completed. Title IV: Administrative Provisions - Sets forth: (1) requirements for award of grants to eligible entities, including matching requirements and limitations on use of funds; and (2) provisions for approval of applications and supervision of programs. Limits enrollment in the ACC and YSC to individuals who, at the time of enrollment, are: (1) 16 through 25 years old; and (2) U.S. citizens or nationals or lawful permanent resident aliens. Requires that special efforts be made to recruit individuals who are economically, socially, physically, and educationally disadvantaged. Prohibits acceptance for service of any person without a high school diploma or equivalent, unless that person has not been enrolled as a high school student during the three months before the acceptance date. Limits individual enrollment to a total of 24 months. Prohibits individuals (except special members) from remaining enrolled after attaining age 26. Prohibits any enrollee from performing services on any project for more than a six-month period. Requires the State job training coordinating council to appoint an advisory board for oversight and review of projects under this Act. Authorizes appropriations for FY 1990 and succeeding fiscal years to carry out this Act. Title V: Commission on National Service Opportunities - Establishes the Commission on National Service Opportunities to study: (1) opportunities for young people to perform voluntary national service; and (2) the effect on Federal and other employees of improving the quality and expanding the number of such opportunities. Requires the Commission's final report and recommendations to be transmitted to the President and the Congress within 15 months after its first meeting. Requires each executive department and agency affected by such report to submit to the President recommendations for implementing it. Directs the President, within 90 days after the Commission's final report is transmitted to the Congress, to transmit an interim report to the Congress on: (1) the desirability, feasibility, and cost of implementing the Commission's recommendations, and the actions taken or planned with respect to that implementation; and (2) recommendations on legislation needed for implementation. Directs the President to transmit a final report, within 90 days after such interim report, detailing any implementing actions taken and any further recommendations. Terminates the Commission 180 days after its final report.
United States · United States Congress · 31 January 1989
Truth in Savings Act - Requires each advertisement, announcement, or solicitation by a depository institution which refers to a specific interest rate, yield, or rate of earnings on amounts deposited in a demand or interest-bearing account to state the following information clearly and conspicuously: (1) the annual percentage yield and the period such yield is in effect; (2) all minimum initial deposit, minimum balance, and time requirements for earning such yield; (3) the annual rates of simple interest; (4) fees or other conditions that could reduce the yield; (5) any interest penalty for early withdrawal; and (6) the effective percentage yield on the maturity date of any account maturing in less than one year. Authorizes the Board of Governors of the Federal Reserve System to exempt advertisements, announcements, or solicitations made by any broadcast or electronic medium or outdoor advertising displays not on the premises of a depository institution from the disclosure requirements relating to initial deposit requirements, rates of simple interest, or fees if such disclosure would be unnecessarily burdensome. Prohibits any depository institution from advertising an account as a free or no-cost account if: (1) there are minimum balance or limited transaction requirements to avoid fees; or (2) there is any service fee, transaction fee, or similar charge imposed for such account. Prohibits any institution from making any advertisement, announcement, or solicitation that is inaccurate or misleading or that misrepresents its deposit contracts. Requires each depository institution to maintain a schedule, written in clear and plain language, of fees, charges, interest rates, and terms and conditions such as minimum balance and time requirements applicable to each class of accounts offered. Requires that such schedule be disclosed to potential customers and requesting individuals and mailed to account holders. Requires that account holders receive 30 days' advance notice of any change to be made in any term or condition required to be disclosed in the schedule if the change might reduce the yield or adversely affect any account holder. Directs the Board to require modified disclosure requirements concerning the annual yield on variable rate accounts, multiple rate accounts, guaranteed-rate accounts that mature in less than one year, and accounts for which the interest rate is not guaranteed. Directs the Board to provide for public notice and comment on, and to publish, model forms and clauses for common disclosures required by this Act. Provides for the enforcement of this Act and the civil liability of a depository institution that fails to comply with requirements of this Act. Sets forth limitations on such liability and factors to be considered by the court in determining class action awards. Provides that an institution may not be held liable for a violation if the institution demonstrates that the violation was not intentional and resulted from a bona fide error. Establishes U.S. district court jurisdiction and a one-year statute of limitations for actions brought under this Act. Directs the National Credit Union Administration to provide for the similar regulation of credit unions.
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.
United States · United States Congress · 31 January 1989
Northern Ireland Fair Employment Practices Act - Prohibits an article from being imported into the United States from Northern Ireland unless documentation is presented at the time of entry indicating that the enterprise which manufactured or assembled such article complied at the time of manufacture with certain fair employment principles (such as freedom from religious discrimination). Bases such principles on the MacBride Principles, a nine point set of guidelines for fair employment in Northern Ireland. Requires any U.S. person who has a branch or office in Northern Ireland or who controls an enterprise in Northern Ireland in which more than 20 people are employed to insure implementation of such employment principles and compliance with this Act. Requires reports to the Secretary of Commerce on compliance with this Act. Sets forth the fair employment principles. Authorizes the President to waive the requirements of this Act in the interest of national security. Requires such waiver to become effective 90 days after the President submits a justification of such waiver to the Congress unless the Congress adopts a joint resolution disapproving the waiver. Provides for expedited consideration of such resolution.
United States · United States Congress · 31 January 1989
Directs the Secretary of Health and Human Services to establish a program of grants to: (1) identify women who received diethylstilbestrol (DES) while pregnant and their children; (2) establish a voluntary registry of such women and children; (3) provide them with periodic cancer screening; and (4) provide health care personnel and the public with information respecting the health hazards of such drug. Authorizes appropriations.
United States · United States Congress · 31 January 1989
Provides that restrictions may be applied to information, counseling, or services provided by family planning entities abroad that receive U.S. assistance under the Foreign Assistance Act of 1961 only to the extent that the same restrictions apply to domestic family planning entities receiving funds under the Public Health Service Act.
United States · United States Congress · 27 January 1989
Legal Immigration Reform Act of 1989 - Amends the Immigration and Nationality Act to set worldwide levels for family-based, employment-based, and independent immigrants. Revises the visa preference system for such immigrants. Establishes a Select Review Commission on Legal Immigration Reform to review the impact of this Act and report its conclusions to the President and the Congress. Terminates the Commission on the due date of the report, but allows it to function through FY 1993 as necessary. Provides a temporary stay of deportation and work authorization for qualified spouses and children of legalized aliens. Shortens the usual period of lawful permanent residence for naturalization. Waives certain naturalization requirements for Philippine natives who served honorably in the U.S. armed forces during World War II.
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.
United States · United States Congress · 24 January 1989
Civil Rights Amendments Act of 1989 - Amends the Civil Rights Act of 1964 and the Civil Rights Act of 1968 to prohibit discrimination on the basis of affectional or sexual orientation. Provides that this Act shall not be construed to permit a finding of discrimination based on statistical differences or the fashioning of any remedy requiring a quota.
United States · United States Congress · 20 January 1989
Residential Mortgage Credit Fairness Act of 1987 - Amends the Truth in Lending Act to prohibit a creditor from: (1) imposing terms and conditions for a residential mortgage transaction which are less favorable to the consumer than the terms and conditions which were originally disclosed to the consumer; or (2) limiting the availability or effectiveness of such terms and conditions to a specified period. Allows an exception to such requirements if: (1) the disclosure contains a clear and conspicuous statement that such terms and conditions are subject to change; or (2) any delay in consummating the transaction is due to an unreasonable delay caused by the consumer. Requires that any disclosure made in connection with a residential mortgage shall: (1) be mailed or delivered before the earlier of the date on which the credit is extended or three days after the creditor receives the consumer's application; and (2) include a statement of the rights and duties of the creditor and the consumer and any form to be used by the consumer to exercise the right to withdraw the application. Allows a consumer to withdraw a mortgage application without incurring any obligation to the creditor (other than certain reasonable fees) if the consumer provides the creditor written notice within three days after receiving the required disclosure statement from the creditor. Specifies that for purposes of such required disclosure statements the term "finance change" shall include any fee imposed by the creditor for any such extension of credit. Increases the civil penalty for failure to make a required disclosure for a residential mortgage from a minimum of $100 and a maximum of $1,000 to a minimum of $1,000 and a maximum of $10,000.
United States · United States Congress · 20 January 1989
Beverage Container Reuse and Recycling Act - Prohibits the sale of beer, mineral water, soda water, or carbonated soft drinks in beverage containers by retailers and distributors unless such containers carry a refund value of not less than five cents. Requires that retailers and distributors pay the refund on returned containers of brands sold by such retailers or distributors. Prohibits distributors and retailers from selling beverages in metal beverage containers with detachable openings. Preempts inconsistent State or local laws. Prohibits State and local governments from imposing any tax on the collection or return of refund values. Imposes penalties of up to $1,000 for violations.
United States · United States Congress · 20 January 1989
Global Poverty Reduction Act - Amends the Foreign Assistance Act of 1961 to direct the President to develop a plan to ensure that U.S. development assistance contributes measurably toward eradicating the worst aspects of absolute poverty by the year 2000. Requires that such plan include target dates for reaching specific measurable goals whose attainment would contribute to direct improvements in the living standards of the poorest 40 percent of the population. Specifies that such goals shall include reducing the mortality rate of infants under age five, increasing the female literacy rate, and reducing the percentages of populations below the absolute poverty level by specified amounts by the year 2000. Directs that development activities carried out under this Act shall be consistent with maintaining and restoring the renewable natural resource base. Requires the President to submit the plan to the Congress by July 1, 1990. Requires all U.S. development assistance to be directed at attaining plan goals between October 1, 1990, and December 31, 2000. Requires the President to submit annual reports to the Congress detailing progress toward achieving plan goals. Directs the Comptroller General to review and comment on each report issued. Directs the President to host an international development conference for heads of governments of development assistance donor and recipient countries by October 16, 1989, to conclude an international agreement on eliminating the worst aspects of absolute poverty by the year 2000.
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.
United States · United States Congress · 19 January 1989
Information Dissemination and Research Accountability Act - Establishes in the National Library of Medicine a National Center for Research Accountability to assist in eliminating duplication of effort in Federal research proposals involving live animals. Prohibits Federal agencies from carrying out or funding any research proposal involving live animals unless the proposal is submitted to the Center following agency approval. Prohibits Federal funding of any proposal the Center determines would duplicate other research completed or in process. Authorizes the Center to contract with private entities to assist in conducting comprehensive full-text literature searches. Directs the Center to report annually to the President and the Congress. Provides for modernization of biomedical information storage and dissemination by the National Library of Medicine. Authorizes the Library to award contracts to the private-sector data recording industry to improve: (1) the development of technologies for storage and dissemination of full-text biomedical information; and (2) dissemination of such information to medical libraries for research use. Requires the Library to report annually to the Congress on its progress. Authorizes appropriations for FY 1986 and thereafter.
United States · United States Congress · 19 January 1989
Amends the Coastal Zone Management Act of 1972 to prescribe the extent to which Federal agency activities directly affecting the coastal zones must be consistent with approved State management programs. Allows Federal activities to be inconsistent with State coastal zone management programs only if to be consistent would violate Federal law or if substantial unforeseen obstacles are encountered. Describes what is encompassed by "directly affecting activities."
United States · United States Congress · 4 January 1989
Trauma Care Systems Planning and Development Act of 1989 - Amends the Public Health Service Act to create a new title on trauma care. Authorizes the Secretary of Health and Human Services to make grants and enter into cooperative agreements and contracts with respect to trauma care to: (1) conduct and support research, training, evaluations, and demonstration projects; (2) foster development of trauma care systems; (3) collect and disseminate information; (4) provide technical assistance to State and local agencies; and (5) sponsor workshops and conferences. Directs the Secretary to establish the Advisory Council on Trauma Care Systems. Declares that, notwithstanding provisions of the Federal Advisory Committee Act, the Council shall continue in existence until otherwise provided by law. Directs the Secretary to make an allotment for each State for each fiscal year for developing, implementing, and monitoring the modifications to the trauma-care component of the State plan for the provision of emergency medical services. Requires non-Federal matching contributions (in cash or in kind) in specified ratios for fiscal years after FY 1990. States that such component of the State plan will be modified with regard to: (1) trauma care regions, centers, and systems; (2) triage and transport of children; (3) accreditation and evaluation; (4) data reporting and analysis systems; (5) procedures for paramedical personnel to assess the severity of injuries; (6) transportation and transfer policies; (7) public education; (8) coordination and cooperation; and (9) other matters. Requires States to adopt guidelines for the designation of trauma centers, and for triage, transfer, and transportation policies, equivalent to the applicable guidelines developed by the American College of Surgeons and by the American College of Emergency Physicians. Authorizes the Secretary, after public notice and an opportunity for comment, to waive the requirement of adoption of such guidelines. Mandates that States: (1) require each trauma center to provide certain information to the State emergency medical system annually; (2) submit to the Secretary, at least annually, the information it receives from its data reporting and analysis system; and (3) identify and submit to the Secretary a list of rural areas lacking certain emergency medical services. Sets forth restrictions on the use of State allotments. Requires an annual report from each State to the Secretary. Sets forth a formula for determination of the amount of allotments. Provides for: (1) repayment and offset for failure to use funds as agreed; (2) criminal penalties for certain false statements; (3) technical assistance and provision of supplies and services by the Secretary in lieu of grant funds; and (4) a report by the Secretary to the Congress. Authorizes appropriations for FY 1990 through 1992. Directs the Secretary, acting through the Director of the Centers for Disease Control, to develop guidelines and a model curriculum for emergency response employees (EREs) with respect to the prevention of exposure to infectious diseases during the process of responding to emergencies. Directs the Secretary to establish a task force to assist in developing the guidelines and model curriculum, appointing to the task force representatives of the Centers for Disease Control, State governments, and EREs. Requires a medical facility to notify the designated officer of the transporting EREs if the facility determines that a victim the EREs transported to the facility has an infectious disease. Requires a medical facility, upon request of a designated officer of EREs, to notify the designated officer if the facility makes a determination that a victim transported by EREs has an infectious disease. Applies notification requirements to both the facility receiving the victim and, if the victim dies, to the facility ascertaining the cause of death. Sets forth notification procedures. States that the public health officer of each State will designate one official of each employer of EREs to make requests and receive notifications. Provides for notification of EREs and for requests from an ERE to a designated officer that the designated officer request notification from the medical facility. Declares that the provisions in this Act regarding notification of EREs will not be construed to authorize or require: (1) a medical facility to test a victim of an emergency for any infectious disease; and (2) any medical facility, any designated officer, or any ERE to make disclosures with respect to the identity of a victim if such disclosures are prohibited under State or Federal law. Mandates that States agree to establish enforcement provisions, including injunctive relief and a civil cause of action for damages, for violations of the notification provisions in this Act. Directs the Secretary of Health and Human Services to conduct a study to determine the adequacy and appropriateness of the reimbursements provided to trauma centers under title XIX (Medicaid) of the Social Security Act. Requires the Federal Communications Commission to complete a study, establish a plan, and report to the Congress regarding emergency medical services communications.
United States · United States Congress · 4 January 1989
Brady Handgun Violence Prevention Act - Makes it unlawful for any licensed importer, manufacturer, or dealer to sell, deliver, or transfer a handgun to an unlicensed individual unless: (1) the transferor has notified the chief law enforcement officer for the individual's place of residence about the proposed transfer and either has received a response indicating that such transfer is not prohibited by law or has not received a response indicating otherwise within seven days; (2) the individual has presented to the transferor a statement from the officer indicating that the individual requires a handgun because of a threat to him or his family; or (3) the individual has a State handgun permit that is less than a year old which satisfies the same requirements. Requires any transferor who subsequently receives a report from such officer that receipt or possession of the handgun by the individual violates the law to: (1) furnish information about the transfer and the individual to the chief law enforcement officer of the transferor's place of business and the individual's place of residence; and (2) keep confidential any information received which is not otherwise available to the public, with exceptions. Requires a transferor to retain a copy of the individual's sworn statement for at least a year. Requires the law enforcement officer to destroy any copy of the individual's sworn statement and any record containing information derived from such statement within 30 days, unless such officer determines that the transaction would violate Federal, State, or local law. Provides that this Act shall not apply in any State that requires: (1) a seven-day waiting period for the transfer of a handgun to an unlicensed individual; or (2) a State law enforcement officer to verify an unlicensed individual's eligibility to receive a handgun. Sets penalties for violations of this Act.
United States · United States Congress · 4 January 1989
Recyclable Materials Science and Technology Development Act of 1989 - Directs the Secretary of Commerce to study and report to the Congress concerning: (1) means to increase the use of degradable materials in manufactured goods; (2) technologies for recycling nondurable consumer products; and (3) ways to expand the marketing of recycled products. Directs the Secretary of Health and Human Services to study and report to the Congress on the feasibility of recycling nondegradable medical supplies and of substituting degradable for nondegradable materials in medical equipment and supplies. Directs the Secretary of Defense to study and report to the Congress on the national defense and security implications of requiring the use of degradable materials in defense items. Instructs the Secretary of Agriculture to initiate a pilot project to develop and demonstrate viable technology for composting municipal waste and sewage sludge. Requires the Secretary to report project results to the Congress. Directs the Secretary of Commerce to appoint a Director of Recycling Research and Information to make grants to support research into innovative recycling technology. Authorizes appropriations for such purposes for FY 1990. Prohibits, effective five years after this Act's enactment, the production, manufacture, distribution, sale, or delivery of nonrecycled consumer goods, fast food in nondegradable containers, and packaging for specified purposes that contains any material that is not naturally degradable. Establishes both civil and criminal penalties for violations. Directs the Administrator of the Environmental Protection Agency and the Secretary of Commerce jointly to issue regulations to govern the designation of goods and materials for noncompliance purposes. Directs the Secretary to publish and periodically update lists of items and materials affected by the prohibition on activities involving nonrecyclable items.
United States · United States Congress · 4 January 1989
Expresses that the sense of the Congress that the mail fraud charges brought against black leader Marcus Garvey in 1923 were not substantiated and that his conviction was unjust and unwarranted.
United States · United States Congress · 3 January 1989
Terminates the trade and other sanctions imposed on Nicaragua under the International Emergency Economic Powers Act pursuant to the national emergency declared by the President on May 1, 1985.
United States · United States Congress · 3 January 1989
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.
United States · United States Congress · 3 January 1989
Fire Safe Cigarette Act of 1989 - Directs the Consumer Product Safety Commission to issue by rule a fire safety standard for cigarettes. Prohibits stockpiling of cigarettes between the issuing and effective dates of the standard. Provides for judicial review of the standard. Prohibits manufacture or importing of cigarettes unless in compliance with a standard issued under provisions of this Act. Declares violation of the prohibition to be a violation of provisions of the Consumer Product Safety Act. States that this Act and the standard issued under it does not preempt any law of a State which prescribes a more stringent fire safety standard for cigarettes. Prohibits, in any civil action for damages, admitting as a defense compliance with the standard.
United States · United States Congress · 3 January 1989
Biological Weapons Act of 1989 - Amends the Federal criminal code to impose criminal penalties upon any person who knowingly: (1) develops, produces, stockpiles, acquires or possesses any agent, toxin, or delivery system for use as a weapon of mass destruction; or (2) assists a foreign state or an international organization to manufacture or acquire such an agent, toxin, or delivery system. Authorizes the Attorney General to seize and destroy any such agent, toxin, or delivery system. Authorizes the United States to obtain an injunction against conduct prohibited by this Act. Sets forth defenses to any seizure or injunction under this Act.
United States · United States Congress · 3 January 1989
Defense Economic Adjustment Act - Title I: Defense Economic Adjustment Council - Establishes in the Executive Office of the President the Defense Economic Adjustment Council to be co-chaired by the Secretaries of Commerce and Labor. Establishes in the Executive Office an Office of Economic Adjustment, headed by a Director, to provide staff support to the Council. Directs the Council to disseminate information from the Secretary of Defense to Federal, State, and local agencies concerning proposed or pending changes in defense spending which would affect employment in the defense industry. Requires the Council to perform other duties, including: (1) encouraging the preparation of plans for non-defense-related public projects; (2) coordinating and developing information on priority, federally-funded projects and programs pertaining to defense economic adjustment; (3) monitoring job services information banks; and (4) determining criteria for eligibility for assistance under this Act. Directs the Secretary of Defense to provide the pertinent information to the Council a year in advance of any change and to furnish the Council with projected future defense spending levels. Directs the Council to prepare and distribute a Conversion Guidelines Handbook to outline requirements of programs for professional retraining of personnel. Title II: Community Economic Adjustment Planning - Makes eligible for Federal assistance for economic adjustment planning any community which is substantially affected by reduction or elimination of Government defense facilities or curtailment or conclusion of defense contracts. Directs the Council to make available to alternative use committees information on economic development programs of any Federal instrumentality which provides funds that may be used for planning. Requires the Council to report to the Congress at least annually on any such economic development program. Directs the Council to use data from other departments to develop criteria which ensures that assistance is directed to those communities that are most vulnerable economically to reductions in defense expenditures. Requires the Council to publish a semiannual list of eligible communities. Requires excess property resulting from a closing or reduction in a Government-owned facility to be appraised for purposes of resale to the community. Title III: Alternative Use Committees - Requires the establishment of alternative use committees at defense facilities to plan for economic conversion in the event of closure or reduction. Directs such committees to: (1) evaluate the assets of the facilities and the resources and requirements of the local community; (2) develop at least biennially a detailed plan for conversion of the facility to non-defense-related productive activity; and (3) provide retraining and reemployment counseling services. Requires conversion plans to maximize the pool of skills of available personnel and specify in detail the composition of the work force and plant, material, and financing requirements. Penalizes any contractor who fails to submit an alternative use plan or carry out one approved by the Council by making such contractor ineligible for future defense contracts for three years. Title IV: Economic Adjustment Assistance for Workers - Makes displaced workers certified by the local alternative use committees to the Council eligible for benefits for two years under this Act. Includes among such benefits: weekly compensation, vested pension credit, maintenance of health insurance, retraining for civilian work, job search allowance, and reimbursement for relocation expenses. Requires completion of a program of professional retraining before certain employees are eligible for assistance. Directs the Council to enter into agreements with a State or agency in the State administering the unemployment compensation law to disburse benefits under this Act. Requires displaced workers to accept any employment determined by the State agency or Secretary of Labor to be comparable to the former job, or benefits will terminate. Excludes these benefits from other determinations of eligibility for unemployment compensation under any Federal or State law. Title V: Economic Adjustment Fund - Establishes in the Treasury a Workers Economic Adjustment Reserve Trust Fund. Requires defense contractors to pay a specified percentage into the Fund. Directs the Secretary of the Treasury to deposit a percentage of the projected savings resulting from a cancellation or cutback in defense spending. Title VI: Use of Certain Research Funds - Requires the Council to define urgent national requirements for nondefense sectors of the economy in any determination of the Secretary of Defense as to how certain research and development funds are to be spent. Title VII: Authorization of Appropriations - Authorizes appropriations.
United States · United States Congress · 3 January 1989
Fairness in Broadcasting Act of 1989 - Expresses the findings of the Congress that the Fairness Doctrine: (1) fairly reflects the statutory obligations of broadcasters; (2) received statutory approval from the Congress in 1959; and (3) reasonably balances first amendment rights. Amends the Communications Act of 1934 to require broadcast licensees to provide a reasonable opportunity for the discussion of conflicting views on issues of public importance. Requires enforcement and application of such requirement to be consistent with the rules and policies of the Federal Communications Commission in effect on January 1, 1987.
United States · United States Congress · 3 January 1989
Directs the Secretary of Energy to convey to the State of California by quitclaim deed certain lands in a naval petroleum reserve if California agrees to accept: (1) all existing agreements for the operation and development of the mineral resources of such property; and (2) all restrictions applicable to such property for the purposes for which the reserve is maintained. Amends the Mineral Leasing Act to provide that money received from naval petroleum reserves shall be treated the same as money received from other public lands.
United States · United States Congress · 3 January 1989
Federal Employees Long-Term Health Care Act - Directs the Office of Personnel Management (OPM) to conduct, during calendar years 1990 through 1992, a demonstration project to determine the feasibility and desirability of establishing, on a permanent basis, the concept of a social health maintenance organization for Federal employees and their families. Limits the contractor for such a project to certain comprehensive medical plans. Specifies the terms and conditions of the project contract, including benefits: (1) without any deductible; and (2) limited to expenses totaling at most $18,000 per calendar year, with the individual being liable for 25 percent of any such expenses. States that the project shall be designed by OPM, participating carriers, and a consultant contracted for by OPM. Requires periodic written evaluations of the project by the consultant, to be submitted to OPM and certain congressional committees. Authorizes appropriations for FY 1990 through 1992.
United States · United States Congress · 3 January 1989
Requires the Secretary of Commerce to ensure that each questionnaire used in a decennial census contain at least one question relating to race or ethnic origin. Requires the question to include: (1) each group identified in the 1980 decennial census; and (2) a means to write in any group not specified. Requires the Secretary, in carrying out any decennial census, to tabulate and make public the general population of Asian Americans and Pacific Islanders both by total and by groups. Declares that the amendments made by this Act may not serve as a basis in the 1990 census for modifying questions relating to Hispanic origin or race.
![Official portrait of Rep. Edwards, Don [D-CA-10]](https://www.congress.gov/img/member/e000064_200.jpg)