United States · United States Congress · 25 September 1989
Authorizes the President to make grants to neighborhood or community groups to fund programs to combat illegal drug use. Specifies that such programs may include treatment and education, street patrols, sealing up deserted buildings, organizing youth activities, and activities related to improving communication and information-sharing with police. Allows grants to be made to pay the salary of a full- or part-time employee to coordinate and direct the programs of the group. Requires a grant application to contain: (1) a description of the program to be funded and how it would benefit the community; and (2) information relating to how the group would benefit from the hiring of an employee. Requires: (1) each group receiving a grant to submit semiannual reports to the President describing the status and activities of the program being funded; and (2) the President to submit semiannual reports to the Congress describing the programs being funded and their impact on illegal drug traffic and use. Authorizes appropriations.
United States · United States Congress · 20 September 1989
Support for East European Democracy (SEED) Act of 1989 - Title I: United States Policy in Eastern Europe - Expresses the sense of the Congress that the United States should implement, beginning in FY 1989, a program to support East European democracies by providing assistance to Eastern European countries which have taken substantive steps toward institutionalizing political democracy and economic pluralism. Designates support for East European democracy activities as SEED. Title II: Enterprise Funds in Poland and Hungary - Authorizes the President to designate two private, nonprofit organizations as the Polish-American Enterprise Fund and the Hungarian-American Enterprise Fund to promote development of the Polish and Hungarian private sectors. Requires the President to contribute to such Funds a specified amount of unobligated Department of Defense (DOD) funds. Allocates such funds and earmarks a specified amount for private agricultural development in Poland. Amends the Foreign Assistance Act of 1961 to authorize appropriations for FY 1991 and 1992 for the Funds. Requires the President to designate an executive agency to contribute such monies to the Funds. Permits the agency to use a specified amount of such monies for carrying out functions under this title. Makes certain commodities eligible for assistance programs under the Agricultural Act of 1949 and the Agricultural Trade Development and Assistance Act of 1954 available to the Funds to generate local currencies. Authorizes grants to be made to the Funds only if the Funds are in compliance with this title. Provides for annual audits of the Funds. Requires the Funds to ensure that: (1) each recipient of Fund assistance keeps separate accounts and financial records; and (2) the funds have access to such records for audit purposes. Directs each Fund to publish annual reports. Title III: Labor Market Transition - Requires the Secretary of Labor to provide technical assistance to Poland and Hungary for the implementation of labor market reform and to facilitate adjustment during the period of economic transition and reform. Authorizes the Secretary to transfer a specified amount from Department of Labor funds to provide such assistance. Title IV: Environmental Initiatives - Authorizes the Administrator of the Environmental Protection Agency to: (1) undertake environmental protection activities in Poland and Hungary; and (2) use specified amounts of funds made available for FY 1990 through 1992 under the Clean Water Act and other authorizing statutes to carry out such activities. Requires the Administrator to cooperate with Polish officials and experts to: (1) establish an air quality monitoring network in the Krakow metropolitan area; and (2) improve water quality and the availability of drinking water in such area. Directs the Administrator to work with U.S. and Hungarian officials and private parties to establish and support a center in Budapest, Hungary, for facilitating cooperative environmental activities between government experts and U.S. and Eastern and Western European organizations. Title V: Diminishing the Burden of Bilateral and Multilateral Debt - Expresses the sense of the Congress that: (1) the debt payments owed by Poland to the United States which are payable during FY 1993 and 1994 should be rescheduled and made a part of the principal payment due in FY 1995; and (2) the President should urge all members of the Paris Club creditor governments to adopt a similar debt rescheduling program for Poland. Requires the President to take all appropriate actions to explore and encourage innovative approaches to the reduction of debt of Eastern European countries which have taken substantive steps toward political democracy and economic pluralism. Urges the President to exercise all available authorities to undertake the discounted sale of U.S. debt obligations to private purchasers to facilitate debt-for-equity swaps under which such privatized debt is exchanged for an equity interest in an Eastern European enterprise which is involved in SEED activities. Title VI: "Take-Off" Telecommunications Grant to Poland - Makes available a specified amount of unobligated FY 1990 DOD funds for a grant to the Polish Government for modernizing Poland's telephone and telecommunications infrastructure by means of competitively bid contracts to U.S. corporations. Title VII: Facilitating Voluntary Action - Expresses the sense of the Congress that the President should encourage monetary and food contributions from U.S. civic, religious, school, and youth organizations. Declares that the President should draw upon all available authorities, use resources of the National Guard and DOD, and request additional authorities, as necessary, to transport nonfinancial contributions to Poland. Expresses the sense of the Congress that the President should encourage the establishment of sister institution programs between U.S. and East European schools, universities, cities, and specified organizations. Title VIII: Policy Coordination and "SEED" Information System - Requires the President to designate a Coordinator of SEED activities within the Department of State. Directs the President to take steps to establish a SEED information center to serve as a clearinghouse for information relating to business needs and opportunities in, and voluntary assistance to, Eastern Europe. Requires such center to encourage economically sound proposals to the Funds and other finance sources for the development of private enterprise in Eastern Europe. Provides that such center shall be based in Washington, Warsaw, and Budapest. Title IX: Trade and Assistance Benefits and Investment Treaties - Amends the Trade Act of 1974 to remove Poland from the list of countries ineligible for designations as beneficiary developing countries. Expresses the sense of the Congress that the President should immediately take steps to designate Poland and Hungary as beneficiary countries for purposes of the Generalized System of Preferences provided for in such Act. Requires the Overseas Private Investment Corporation (OPIC) to support projects in Poland and Hungary to enhance the nongovernmental sector and reduce state involvement in the economy. Provides that OPIC's authorities with respect to Poland and Hungary shall remain in effect until September 30, 1992. Makes Poland and Hungary eligible for U.S. Export-Import Bank programs until such date. Expresses the sense of the Congress that upon enactment by the Hungarian Government of an emigration statute fulfilling criteria of the Jackson-Vanik amendment to the Trade Act of 1974, the President should take steps to certify Hungary as eligible for permanent most-favored-nation trade status. Expresses the sense of the Congress that the President should explore the feasibility of negotiating bilateral investment treaties with Poland and Hungary. Title X: Scientific, Educational, and Cultural Exchanges - Authorizes appropriations for FY 1990 and 1991 to implement the 1987 U.S.-Polish science and technology agreement. Expresses the sense of the Congress that the United States should expand its participation in educational and cultural exchanges with Poland and Hungary. Expresses the sense of the Congress that the President should take actions to establish binational Fulbright commissions in Poland and Hungary. Title XI: Medical Assistance - Authorizes additional appropriations for FY 1990 and 1991 to carry out the Foreign Assistance Act of 1961 and to be available only for the provision of medical supplies and hospital equipment to Poland and the training of Polish medical personnel. Title XII: Support for Democratic Institutions - Directs the National Endowment for Democracy to implement a program of seminars on local governmental processes and administration if such seminars are requested by the Polish Government. Authorizes additional appropriations for FY 1990 and 1991 under the Foreign Assistance Act of 1961 for the support of democratic institutions in Poland and Hungary. Title XIII: Peace Corps - Transfers specified FY 1990 DOD funds to the Peace Corps for establishing programs in Hungary and Poland. Title XIV: Food Aid - Sets forth the strategy of the food assistance program. Requires the President to promote a comprehensive multilateral food assistance program for Poland. Allocates specified amounts for such assistance in FY 1989 and 1990. Declares the readiness of the Congress to act promptly on authority and appropriations requests so that the United States may call on the European Community to increase food assistance to Poland on a matching basis. Makes Poland and Hungary eligible for programs under the Agricultural Act of 1949 and the Agricultural Trade Development and Assistance Act of 1954. Makes such eligibility effective until September 30, 1992. Title XV: Multilateral Action - Expresses the sense of the Congress that the President should consult with the European Community, Japan, and other members of the Paris Club to establish a comprehensive, multiyear program for Poland and Hungary to facilitate enduring economic recoveries and to institutionalize political democracy and economic pluralism. Expresses the sense of the Congress that the United States, if Poland initiates steps to dismantle state controls and subsidies and inaugurates a plan of economic stabilization, should advocate action on the following goals in multilateral negotiations with regard to Poland: (1) a Paris Club agreement on a two year deferral of all government-to-government debt repayments; (2) a multilateral currency stabilization loan; (3) an International Monetary Fund loan; and (4) a World Bank loan to assist in the relocation of workers from state firms to the private sector. Title XVI: Program Action and Reporting - Requires the President to report to the Speaker of the House and the President pro tempore of the Senate on SEED activities.
United States · United States Congress · 19 September 1989
Requires the Director of the United States Information Agency to make available to the Archivist of the United States a copy of the film entitled A Tribute to Mickey Leland . Archivist to deposit the film in the National Archives and to make copies of it available for domestic purchase and viewing upon the securing of, and payment for, U.S. rights and licenses by the person seeking its release.
United States · United States Congress · 18 September 1989
Designates the period of September 16 through October 9, 1989, as Coastweeks '89, recognizing the importance of coastal zones. Designates September 16, 1989, as National Estuaries Day and September 23, 1989, as National Beach Cleanup Day.
United States · United States Congress · 14 September 1989
Homebuyers and Renters Relief Act of 1989 - Title I: Tax Exclusion for Distributions for First-Time Home Purchase - Amends the Internal Revenue Code to exclude from gross income certain retirement plan (individual retirement accounts, defined contribution plans) distributions used for a first-time home purchase. Title II: Rental Housing Production - Authorizes the Secretary of Housing and Urban Development to make repayable advances to public and private sector project sponsors for rental housing construction and rehabilitation. Establishes in the Treasury the Rental Housing Production Fund.
United States · United States Congress · 13 September 1989
Farm Animal and Research Facilities Protection Act of 1989 - Amends the Food Security Act of 1985 to make it unlawful to disrupt or damage a farm animal facility, its animals, or property. Sets forth penalties for violations of this Act. Allows the Secretary of Agriculture to investigate such offenses. Grants U.S. district courts jurisdiction in such cases. Provides for a private right of action.
United States · United States Congress · 13 September 1989
Lebanese Temporary Protected Status Act of 1989 - Amends the Immigration and Nationality Act to grant temporary (two year) protected status to certain Lebanese nationals residing in the United States (thus prohibiting their deportation during such period). Authorizes such aliens to work in the United States. Requires the Attorney General to report annually to the appropriate congressional committees with regard to such program.
United States · United States Congress · 12 September 1989
Authorizes to be appropriated for FY 1990, in addition to sums already authorized, a certain amount to the National Cancer Institute for breast cancer research other than research which involves treatment or clinical trials.
United States · United States Congress · 12 September 1989
Designates October 27, 1989, as National Hostage Awareness Day in recognition of the 42d birthday of Terry Anderson and his fifth year in captivity. States that efforts should be made to have such date declared International Hostage Day by the United Nations. States that all Federal and international agencies should increase efforts to secure the release of the remaining hostages in Lebanon. Calls for prayer on such date for the release of all U.S. and foreign hostages in Lebanon.
United States · United States Congress · 11 September 1989
Disadvantaged Minority Health Improvement Act of 1989 - Title I: Health Promotion and Disease Prevention for Minorities - Subtitle A: Programs for Minorities Generally - Amends the Public Health Service Act (PHSA) to provide for the establishment of an Office of Minority Health. Authorizes the Secretary of Health and Human Services to make grants and contracts for research, training, education, epidemiological studies, and data collection with respect to the prevention and control among minority groups of diseases or other adverse health conditions. Authorizes appropriations. Directs the Secretary to administer provisions of the PHSA in cooperation with specified types of individuals, agencies, and organizations. Directs the Secretary to make grants or contracts for new and innovative programs in health information and health promotion, preventive health services, and education in the appropriate use of health care, specifically targeted at improving the health status of disadvantaged minorities. Authorizes appropriations. Subtitle B: Programs for American Samoa - Directs the Secretary to make grants or contracts for health promotion and disease prevention services for American Samoans living in the continental United States and the State of Hawaii. Authorizes appropriations. Title II: Disadvantaged Minorities in Health Professions - Subtitle A: Health Professions Generally - Requires that the Federal capital contribution and the school contribution to a student loan fund under existing provisions be used only for making loans to individuals from disadvantaged backgrounds. Authorizes appropriations. Authorizes the Secretary to make grants to health professions schools for scholarships to full-time students who are members of underrepresented minority groups and are from disadvantaged backgrounds. Authorizes appropriations. Directs the Secretary to establish a loan repayment program to assure an adequate supply of health professionals who are members of underrepresented minority groups and from disadvantaged backgrounds. Requires that loan recipients agree to accept a full-time faculty appointment at certain schools for at least two years. Authorizes appropriations. Subtitle B: Nursing - Authorizes the Secretary to make grants to schools of nursing for scholarships for full-time students who are members of underrepresented minority groups and from disadvantaged backgrounds. Authorizes appropriations. Directs the Secretary to establish a loan repayment program for full-time students in their final year of study who are members of underrepresented minority groups and from disadvantaged backgrounds. Requires that loan recipients agree to accept a full-time faculty appointment at certain schools for at least two years. Authorizes appropriations. Title III: Coordination of Federal Expenditures for Health Programs of Trust Territories of the Pacific Islands - Directs the Secretary to establish the Pacific Basin Health Services Council to monitor the need for health services and health professions development in the Pacific Basin and to establish priorities for the expenditure of public health funds in the Pacific Basin. Defines Pacific Basin to mean the federated States of Micronesia, the Republic of Palau, the Republic of the Marshall Islands, the Commonwealth of the Northern Mariana Islands, Guam, and American Samoa. Requires the Council to give first priority in expending funds to continuing a specified medical officer training program. Authorizes appropriations.
United States · United States Congress · 4 August 1989
Yosemite National Park Centennial Medal Act - Directs the Secretary of the Treasury to strike and sell not more than 750,000 gold, silver, and bronze medals in commemoration of the centennial of Yosemite National Park, California, in 1990. Requires that all sales of such medals include a surcharge of $35 per medal for the gold medals, $7 per medal for the silver medals, and $2 per medal for the bronze medals. Requires that all surcharges be paid to an endowment fund for the benefit of the Park to be administered by the National Park Foundation. Requires that the interest from the fund be paid to the Secretary of the Interior to fund special supplemental projects relating to back country trail development and rehabilitation and the preservation of Sequoia groves within the boundaries of the Park. Requires the Secretaries to enter into a memorandum agreement to allow: (1) the Secretary of the Treasury to deliver medals to the Secretary of the Interior; and (2) the Secretary of the Interior to provide for the sale of the medals in National Park facilities. Grants the Comptroller General the right to examine all records of the National Park Foundation which are related to such medals. Provides that no medals may be struck after December 31, 1991.
United States · United States Congress · 4 August 1989
Department of Housing and Urban Development Accountability Act of 1989 - Requires the Secretary of Housing and Urban Development to provide for the following in the housing assistance selection process: (1) publication in the Federal Register of selection criteria and assistance availability; (2) documentation of selection decisions, including individual program documentation standards published in the Federal Register; and (3) specified applicant disclosure. Requires: (1) the Secretary to report to the Congress regarding such activities and a related consultant fee limitation plan; and (2) the Inspector General of the Department of Housing and Urban Development (HUD) to include in his semiannual reports an assessment of compliance with the requirements of this Act. Prohibits during any housing assistance selection process: (1) an applicant from soliciting or obtaining any covered selection information from any HUD officer or employee; or (2) a HUD officer or employee from knowingly disclosing such information to any person other than a person authorized by the Secretary to receive it. Sets forth administrative, civil, and criminal penalties for disclosure violations. Directs the Secretary to consider any applicable low-income tax credit in establishing assisted housing owner profit levels.
United States · United States Congress · 4 August 1989
Urges the Government of the United Kingdom to allow the people of Hong Kong, in a plebiscite, to determine their own political future and decide whether sovereignty over Hong Kong should remain with the people of Hong Kong or be given over to the People's Republic of China on January 1, 1997.
United States · United States Congress · 3 August 1989
Adult Literacy and Employability Act of 1989 - Title I: Literacy Coordination - Establishes a Joint Presidential-Congressional Task Force on Adult Literacy. Requires the Task Force to report to the Council for Literacy Coordination established by this Act. Terminates the Task Force six months after its last member is appointed. Authorizes appropriations for the Task Force for FY 1990. Establishes the Cabinet Council for Literacy Coordination (the Council). Requires the Council to report annually to the Congress and the President. Authorizes appropriations for the Council for FY 1990 through 1993. Amends the Department of Education Organization Act to establish in the Department of Education an Office of Adult Literacy, to be administered by a Director of such Office. Requires the Director to: (1) coordinate the administration of literacy programs within the Department; and (2) work with the Cabinet Council for Literacy to coordinate related activities. Establishes the National Center for Adult Literacy as a nonprofit corporation which will not be an agency or establishment of the Federal Government. Divides the Center into a research institute, a technical assistance and training institute, and a policy analysis institute. Requires an annual report to the Congress. Authorizes appropriations for the Center for FY 1990 through 1994. Directs the Chairperson of the Council to make grants to States for a network of State or regional adult literacy resource centers. Authorizes appropriations for such grants for FY 1990 through 1992 and succeeding fiscal years. Requires each State that receives adult literacy assistance under an applicable Federal program to: (1) establish a State advisory board on literacy; and (2) submit a State literacy coordination plan. Requires the State Governor to report annually to the Council. Title II: Investment in Literacy - Amends the Adult Education Act (AEA) to increase and extend through FY 1995 the authorization of appropriations for AEA programs. Revises allotment provisions. Requires limitations on the use of funds to: (1) eliminate a cap on high school equivalency certificate programs; and (2) require that a specified amount be used to support adult education and literacy services provided by community-based organizations and nonprofit volunteer agencies. Includes among projects for which State must expand a portion of their AEA allotments: (1) development and expansion of innovative programs; and (2) support for statewide volunteer technical assistance activities. Eliminates certain maintenance of effort requirements. Authorizes the Chairperson of the Council to make matching challenge grants to State for investment in adult literacy instruction staff training and educational technology. Allows States, for purposes of matching such grants, to reserve specified portions of funds for FY 1990 through 1995 under specified Federal laws. Requires that States receiving such grants make available federally-assisted adult literacy program equipment, facilities, or training services, when not in program use or when surplus capacity exists, to other adult literacy programs (without charge or in certain circumstances at cost). Authorizes appropriations for such challenge grants for FY 1990 and succeeding fiscal years. Establishes a Literacy Leader Training Fund. Directs the Secretary of Education (the Secretary), through the Office of Adult Literacy, to make scholarship grants from the Fund to individuals pursuing careers in adult education, instruction, management, research, or innovation, for education or research to expand their expertise. Authorizes appropriations for such purposes for FY 1990 and succeeding fiscal years. Amends the Library Services and Construction Act (LSCA) to establish a library literacy demonstration program. Directs the Secretary to make grants to State and local public libraries for model innovative programs for delivery of adult literacy services, including development of technology-based centers. Requires that a peer review panel advise on grant criteria and application review, and that an expert in library literacy activities administer such program in the Department of Education. Authorizes appropriations for FY 1990 through 1994 for such library literacy demonstration program. Extends through FY 1994 the authorization of appropriations for other LSCA library literacy programs. Title III: Family Literacy - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary to carry out through the Office of Adult Literacy the Secretary's functions under the Even Start program (which integrates early childhood education and adult education for parents). Title IV: Workplace Literacy - Amends the Job Training Partnership Act (JTPA) to provide for workplace literacy skills and programs. Revises State education coordination and grant programs to provide financial assistance for any State education, labor, or economic development agency (or consortia) to enhance provision of statewide workplace literacy training and education through cooperative agreements between appropriate agencies and organizations. Requires that at least 75 percent of funds for such activities be used to improve program quality by means such as application of learning technology, model program development, and investment in staff training and services targeted at participants lacking workplace skills. Revises general program requirements for the service delivery system to require private industry councils to give priority to participant placements with businesses and industries that have a workplace literacy program or are willing to develop one with other public and private agencies. Makes individuals lacking workplace literacy skills eligible for adult and youth training program services. Requires, beginning in program year 1990, that at least 40 percent of adult program participants in each service delivery area (SDA) be in need of and be offered basic training through an individual workplace literacy plan. Requires assessment and testing of each potential participant's workplace literacy skills and employment skills. Allows participants who have been placed in employment to continue workplace literacy training until they have achieved their goal or for at least two years, whichever is earlier. Requires SDAs to provide such training for such duration to participants who need and would benefit from it. Allows such training to include workplace literacy training and English-as-a-second-language. Requires such activities to be described in an individualized workplace literacy plan for each participant, including goals based on participant needs. Requires that eligible dislocated workers lacking workplace literacy be offered basic skills training for at least a two-year period from the date of entry into the program. Establishes a Workplace Literacy Demonstration Program. Authorizes the Secretary of Labor to make grants for joint ventures of business, industry, or labor (or consortia) cooperating with State, County, or local governments or private industry councils (or consortia) to provide large-scale model development approaches to improving the basic workplace skills of the workforce. Requires the use of such funds for: (1) basic skills training; (2) specific program offerings; (3) assessments of individual and workplace skill needs; (4) program evaluations; and (5) technology-based learning environments. Sets forth matching requirements for grantees. Requires independent evaluation of such programs. Authorizes appropriations for FY 1990 through 1995 for such programs.
United States · United States Congress · 3 August 1989
Clean Ocean Act of 1989 - Requires the Secretary of the department in which the Coast Guard is operating to conduct a study to assess the effectiveness of planning and equipment of State and local governments and private organizations to respond to discharges of oil or hazardous substances into navigable waters. Requires the Secretary to submit to the Congress a report containing recommendations based on such study and recommendations for establishing a nationwide computerized inventory of oil spill and hazardous substance removal equipment and experts. Requires the Secretary to issue regulations which revise the National Contingency Plan. Requires owners and operators of oil vessels or facilities to establish response teams and supply such teams with equipment to minimize damages from the discharge of oil or a hazardous substance into navigable waters. Authorizes the appropriate head of an agency to charge a fee for: (1) conducting any review or periodic drill of a response team; or (2) performing certification inspections of such teams equipment. Sets forth civil penalties for violations of regulations issued under this Act.
United States · United States Congress · 3 August 1989
Small Business Employee Child Care Act of 1989 - Title I: Grants for Child Care Services Clearinghouses - Authorizes the Secretary of Health and Human Services (the Secretary) to make grants to eligible States to establish or operate a child care services clearinghouse to carry out specified activities, including activities relating to small businesses and their employees. Sets forth reporting requirements. Authorizes appropriations to carry out this title. Title II: Child Care Grants - Authorizes the Secretary to make grants to eligible community-based nonprofit private child care providers to provide child care services. Sets forth application requirements, including consultation with small businesses and local governments. Sets forth grant limitations. Authorizes appropriations for FY 1990 through 1993 to carry out this title. Title III: General Provisions - Sets forth definitions and an effective date for purposes of this Act.
United States · United States Congress · 2 August 1989
Steel Fair Trade Review Act - Requires the President to submit to the Congress a report concerning progress achieved, pursuant to the steel trade liberalization program, on an international consensus to remove trade distorting practices in global steel markets. Specifies the issues such report must address.
United States · United States Congress · 2 August 1989
Economic Equity Act of 1989 - Title I: Employment - Subtitle A: Pay Equity Technical Assistance to Public and Private Sector - Pay Equity Technical Assistance Act - Directs the Secretary of Labor to develop and implement a continuing program of information dissemination, research, and technical assistance to public and private entities with respect to correction of wage-setting practices, and reduction or elimination of wage disparities, to the extent that they are based on the sex, race, or national origin of the employee, rather than on the work performed and other appropriate factors. Subtitle B: Legislative Pay Equity Commission and Study - Establishes a Commission on Employment Discrimination in the Legislative Branch. Directs the Commission to: (1) employ a nongovernmental consultant to study the compensation paid to Library of Congress personnel and analyze personnel policies of the Library; (2) evaluate the compensation system of the Library for compliance with title VII of the Civil Rights Act of 1964 and make any recommendations needed to achieve compliance; (3) develop a plan for the application of title VII throughout the legislative branch; and (4) make recommendations to the Congress for improvement of personnel policies and practices in the legislative branch. Directs the Commission to submit a final report to the Congress 18 months after enactment of this Act. Terminates the Commission 30 days after submission of the final report. Subtitle C: Extension of Benefits to Part-Time and Temporary Workers - Part-Time and Temporary Workers Protection Act of 1989 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to bring certain part-time employees within the participation, vesting, and accrual rules governing pension plans. Addresses any employee who, within a relevant 12-month period: (1) has customarily completed more than 500 but fewer than 1,000 hours of service; or (2) is employed in a type of position in which employment customarily consists of such a number of hours. Provides that completion of such hours of service will be treated as completion of 1,000 hours of service (thereby bringing the employee within the ERISA benefit framework). Permits a reduction in the employer-provided premium under a group health plan in the case of a part-time employee only when such employee: (1) has customarily completed fewer than 30 hours of service per week; or (2) is employed in a type of position in which employment customarily consists of such a number of hours. Limits such a premium reduction, when permissible, to not less than a ratable portion of the premium ordinarily provided in the case of an employee who completes 30 hours of service per week. Revises the ERISA definition of "employee" to include non-employees who, pursuant to a contract or agreement, provide employee-like services to an employer for at least one year at the rate of 500 or more hours per year. Subtitle D: Federal Council on Women - Federal Council on Women Act - Establishes a Federal Council on Women to: (1) collect and evaluate information with respect to any problems that are particular to women in the United States; (2) review and evaluate Federal policy related to any such problems; (3) coordinate the activities of the Council with similar activities conducted by States, local governments, and concerned organizations; and (4) make recommendations. Directs the Council to report its findings and recommendations to the Congress. Authorizes appropriations. Subtitle E: Maintenance of Sex Equity Set-Asides in Vocational Education Programs - Amends the Carl D. Perkins Vocational Education Act (the Act) to include displaced homemakers in the vocational education program for single parents or homemakers. Makes single pregnant women eligible for such program. Directs the administrator of such program, and of the sex equity program, to: (1) distribute to community-based organizations the State allotment for such programs on a competitive basis; and (2) develop procedures for appropriate data collection from fund recipients for program evaluation. Requires States to: (1) develop an annual plan for use of funds; (2) manage funds distribution; (3) monitor recipients' use of funds; and (4) evaluate program effectiveness. Provides for pre-vocational services to single parents, single pregnant women, homemakers, and displaced homemakers. Allows use of funds for dependent care (currently only child care) as part of such services. Directs the Secretary of Education to conduct biennial oversight visits to the States to determine if funds for programs for single parents, single pregnant women, and for elimination of sex bias and stereotyping in secondary and postsecondary education are being allocated, distributed, and used in accordance with the Act. Provides that assistance under the Act shall not effect an individual's eligibility for assistance under other Federal programs. Directs the General Accounting Office, within 18 months, to conduct a study of State compliance with specified assurances required under the Act. Subtitle F: Women in Business Procurement Assistance - Women's Business Procurement Assistance Act of 1989 - Amends the Small Business Act to add to existing goals for participation of small business concerns in Federal procurement contracts the participation of small business concerns owned and controlled by women. Requires the head of each Federal agency to report to the Small Business Administration (SBA) on the extent that small business concerns owned and controlled by women participate in procurement contracts and subcontracts. Declares it is the policy of the United States that small business concerns owned and controlled by women shall have the maximum opportunity to participate in the performance of contracts and subcontracts let by any Federal agency. Precludes the award of any contract unless the procurement authority determines that the offeror's plan includes the maximum opportunity for participation of small business concerns owned and controlled by women. Authorizes any Federal agency, when dealing with negotiated contracts, to provide such incentives as it may deem appropriate in order to encourage subcontracting opportunities for small business concerns owned and controlled by women. Requires the SBA to report annually to certain congressional committees on subcontracting plans found acceptable by any Federal agency which the SBA determines do not contain maximum opportunities for small business concerns owned and controlled by women. Requires the Director of Small and Disadvantaged Business Utilization for each Federal agency to designate an employee of that Director's office to be a Women-in-Business Specialist. Requires each Federal agency having procurement powers to affirmatively solicit offers from small business concerns owned and controlled by women and socially and economically disadvantaged individuals. Title II: Economic Security - Subtitle A: Earnings Sharing by Married Couples - Social Security Modernization Act - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that the combined earnings of a married couple which are attributable to the period of their marriage shall be shared equally between them for purposes of determining the eligibility for and amount of OASDI benefits to which each spouse is or may become separately entitled. Credits the survivor of the marriage with 100 percent of the combined total wages for the period of the marriage. Provides that this subtitle shall not apply in specified cases where it would result in a reduction of OASDI benefits. Subtitle B: Treatment of Disabled Widows and Widowers - Social Security Disabled Widow's and Widower's Equity Act of 1989 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to repeal the separate definition of disability applicable to widows and widowers. Permits the months of a widow's or widower's entitlement to Supplemental Security Income (SSI) benefits (title XVI of the Social Security Act) on the basis of a disability to be counted towards the 24 months needed to become entitled to hospital insurance benefits under Medicare (title XVIII of the Social Security Act) on that basis. Provides full widow's or widower's insurance benefits to disabled widows or widowers without regard to age. Amends the SSI program to preserve the Medicaid (title XIX of the Social Security Act) eligibility of disabled widows or widowers who become ineligible for SSI benefits upon the implementation of this Act's amendments making them eligible for, or increasing their, widow's or widower's insurance benefits. Amends the OASDI program to extend the time period during which a surviving spouse or a surviving divorced spouse must have initially become disabled in order to qualify for widow's or widower's insurance benefits before reaching age 60 in cases where such surviving spouse or surviving divorced spouse has quarters of coverage based on his or her own work after the death of the insured individual on whose wages such benefits are based. Subtitle C: Private Pension Reform - Pension Reform Act of 1989 - Amends the Tax Reform Act of 1986 to extend to all accrued benefits existing in plan year 1989 and thereafter the amendments made with regard to the nondiscriminatory coordination of defined contribution plans with Old Age, Survivors and Disability Insurance (OASDI). Amends the Internal Revenue Code (IRC) to repeal provisions that permit a certain disparity in simplified employee pension plan contributions with respect to nondiscriminatory coordination with OASDI. Provides for the repeal, effective for plan year 2000 and thereafter, of IRC rules with respect to: (1) the nondiscriminatory coordination of defined contribution plans with OASDI; and (2) pension integration exceptions. Amends the IRC to establish distinct minimum employee coverage requirements applicable in cases when an employer with respect to a plan is treated as operating a single line of business. Requires such a plan to benefit all the employer's employees. Limits the exception to minimum coverage requirements available to employers treated as operating separate lines of business for a year. Amends the IRC and the Employee Retirement Income Security Act of 1974 to eliminate the special vesting requirements governing multiemployer plans. Directs the Comptroller General of the United States, as soon as possible after this Act's enactment, to undertake thorough studies with respect to: (1) possible methods of requiring employee pension plans to provide cost of living and other adjustments to plan benefits; and (2) potential pension portability mechanisms, including ways to preserve and enhance the real value of deferred vested pension benefits. Lists specific items to be addressed in each study. Requires submission of the studies to specified congressional committees within two years of this Act's enactment. Subtitle D: Eligibility of Displaced Homemakers for First-Time Homebuyers Assistance - Displaced Homemakers and Single Parents Homeownership Assistance Act - States that displaced homemakers and single parents shall not be deemed ineligible for Federal assistance for first-time homebuyers on the basis of previous home ownership or residence while married or a homemaker. Subtitle E: Section 8 Housing Assistance for Domestic Violence Victims - Family Housing Options Program Act of 1989 - Amends the United States Housing Act of 1937 to reserve at least five percent of section 8 housing assistance for families affected by domestic violence and for homeless families. Requires administration of such program through the local public housing agencies. Permits assistance to be used in shared housing arrangements if the family receiving assistance so consents. States that rent contributions made by a family in such an arrangement shall not be considered income to the participating family for purposes of specified housing assistance eligibility. Includes among State allocation factors the number of transitional and emergency shelters, domestic violence shelters, and the number of families served by such programs. Requires: (1) each State to make an annual program report to the Secretary of Housing and Urban Development; and (2) the Secretary to include a summary of such reports in the annual section 8 report. Title III: Dependent Care - Subtitle A: Quality Child Care Demonstration Projects - Authorizes the Secretary of Health and Human Services to make grants to not more than ten eligible public agencies and private entities, in urban and rural areas, to administer child development models to increase the quality and availability of child care services. Defines "child development model," with respect to child care services, as an entity capable of providing training and on-going assistance to satellites that provide child care services to sick children or exceptional children, and which is either: (1) a child care development center providing services at a single site (or at multiple sites in reasonably close proximity) to infants, toddlers, preschool children, and school-age children; or (2) a high quality child care program capable of recruiting, training, supporting, and monitoring family child care providers. Directs the Secretary to report by April 1, 1992, to the Congress on such program. Subtitle B: Dependent Care Tax Credit Expansion - Repeals the Internal Revenue Code's nonrefundable income tax credit for employment-related dependent care expenses, replacing it with a corresponding refundable 50 percent credit, reduced (but not below 20 percent) as the taxpayer's adjusted gross income exceeds $15,000 (adjusted for inflation). Includes within the scope of the new credit up to $1,200 ($2,400 in the case of more than one qualifying individual) of respite care expenses incurred in the care of: (1) a dependent of the taxpayer who is at least 15 years old; or (2) a spouse or other dependent who is physically or mentally incapable of self-care. Subtitle C: Mortgage Financing for Family Day Care Centers - Small Day Care Center Assistance Act - Amends the Federal National Mortgage Association Charter Act and the Federal Home Loan Mortgage Corporation Act to define the term "mortgage" to include a mortgage secured by a one-to-four family residential property that is occupied as a residence and in which child care service is legally provided. Subtitle D: Flexible Work Force Tax Credit - Amends the Internal Revenue Code to permit an employer tax credit (to a maximum of two percent of wages) for one-third of the aggregate wages (to a maximum of $6,000) attributable to services performed by a full-time employee of the taxpayer who is permitted to work at home or during nonbusiness hours solely in order to reduce dependent care needs. Requires that there be at least a 20 percent reduction in the time of dependent care provided outside the employee's home. Terminates these provisions, subject to exception, after December 31, 1993. Subtitle E: Child Care Services in Transitional Housing - Transitional Housing Child Care Services Act - Amends the Stewart B. McKinney Homeless Assistance Act to authorize the Secretary of Housing and Urban Development to provide child care assistance for transitional housing residents. Subtitle F: Title XX Funding Increase - Amends title XX (Block Grants to States for Social Services) of the Social Security Act to increase the amount authorized for such program in FY 1991 and thereafter. Subtitle G: School-Based Child Care - State Dependent Care Grants Amendments Act of 1989 - Amends the State Dependent Care Development Grants Act to authorize the use of funds for operation of school-age child care services before and after school. Requires that such amounts be earmarked to enable children whose families lack adequate financial resources to participate in before or after school child care programs. Requires State Governors to include specified information in their reports on programs assisted under such Act. Extends until September 30, 1993, the period during which descriptions of intended uses of State allotments must be revised to reflect substantial changes. Title IV: Health - Subtitle A: Breast Cancer Prevention - Older Women's Breast Cancer Prevention Act of 1989 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to eliminate the cap on coverage of screening mammography. Subtitle B: Maternal and Child Health Funding Increase - Amends title V (Maternal and Child Health Services) of the Social Security Act to increase authorized appropriations for such program. Requires States, as a condition of receiving additional funds, to conduct a statewide needs assessment of maternity and infant care, including prenatal care and prevention of low birthweight and infant mortality, and to develop a plan to meet those needs. Changes State reporting requirements to monitor plan implementation results. Subtitle C: Infant Mortality Education and Health Services in Public Housing - Public Housing One-Stop Perinatal Services Act of 1989 - Directs the Secretary of Housing and Urban Development to carry out a program to demonstrate the effectiveness of grants to public housing agencies for providing facilities for one-stop perinatal services programs for pregnant women who reside in public housing. Sets forth preferences in selecting the agencies to receive grants. Limits the aggregate amount provided under these provisions for any public housing project to a specified sum. Requires services and facilities provided or assisted with grants under these provisions to comply with all applicable State and local laws, regulations, and ordinances, and all requirements established by the Secretary of Health and Human Services for such services and facilities. Authorizes appropriations. Subtitle D: Domestic Violence Judiciary Training Grants - Amends the State Justice Institute Act of 1984 to authorize the use of Institute funds to conduct up to five projects to: (1) investigate and carry out research regarding State judicial decisions relating to child custody litigation involving domestic violence; (2) develop training curricula to assist State courts to develop an understanding of, and appropriate responses to, child custody litigation involving domestic violence; and (3) disseminate the results of such investigation and research and the curricula to State courts. Authorizes appropriations through FY 1992. Subtitle E: Sense of Congress on Child Custody - Expresses the sense of the Congress that, for purposes of determining child custody, evidence of spousal abuse should create a statutory presumption that it is detrimental to the child to be placed in the custody of the abusive parent. Subtitle F: Immigration Reform for Domestic Violence Victims - Amends the Immigration and Nationality Act to permit certain battered alien spouses to apply for permanent residence without filing a joint petition (and interview) with the citizen spouse. Requires such an alien spouse to demonstrate: (1) that the marriage was entered into with good faith; and (2) evidence of physical abuse or extreme mental cruelty. Subtitle G: Long-Term Care Workers Demonstration Projects - Amends the Older Americans Act of 1965 to require the Commissioner on Aging to give special consideration to funding demonstration projects providing older individuals with the opportunity to serve as volunteers furnishing long-term care services to nursing home residents. Subtitle H: Sense of Congress on Caregivers - Declares that it is the sense of the House of Representatives that: (1) recognition and further attention should be given to the professional and personal needs of long-term care aides; (2) expanded access to health and pension benefits should be provided to such aides; (3) long-term care policy makers should recognize that problems of female household heads and minority workers affect most nursing care aides; (4) more data is needed on home health and nursing home aides; (5) expanded recruitment of specified groups should be considered to abate the long-term care aide shortage; and (6) changes should be made in nursing aide positions to ensure integration into management structures and to enhance attraction to careers in long-term care.
United States · United States Congress · 2 August 1989
Expresses the sense of the House of Representatives that, in the event further talks are held with the Palestine Liberation Organization (PLO): (1) the top priority of the United States should be the prevention of terrorist and other violent activity by the PLO or its factions; and (2) the United States should obtain from the PLO a full accounting of specified violent activity which occurred after Yasser Arafat's commitment of December 14, 1988. Urges the Secretary of State to report to the House on such accounting.
United States · United States Congress · 1 August 1989
High Risk Occupational Disease Notification and Prevention Act - Establishes a Risk Assessment Board (the Board), within the Department of Health and Human Services (HHS), to: (1) review pertinent medical and scientific reports on the incidence of disease associated with exposure to occupational health hazards; (2) identify and designate populations at risk that should receive notification; (3) develop a form and method of notification that will be used by the Secretary of Health and Human Services (the Secretary); and (4) determine the appropriate type of medical monitoring or beneficial health counseling. Sets forth factors for Board consideration and priorities in designating populations at risk of disease for notification. Directs the Secretary to make every reasonable effort to ensure that each individual within a population at risk of disease is notified of the risk. Requires the Secretary, through the National Institute for Occupational Safety and Health (NIOSH), to conduct the required notification, with specified exceptions. Allows an employer to apply to NIOSH for an exemption from such employee notification because that employer's employees are not at risk of disease because of significant mitigating factors. Provides for telephone "hot lines" and other dissemination of information. Authorizes the Secretary to certify a private employer or a State or local government to conduct notification. Provides for judicial review of Board determinations. Requires the Secretary to establish and certify ten occupational and environmental health centers to: (1) provide education, training, and technical assistance to personal physicians and health and social service professionals who serve employees notified that they are at risk under this Act; and (2) provide diagnosis, treatment, and medical monitoring and family services for such employees. Directs the Secretary to make grants to conduct research, training, and education aimed at improving the means of identifying employees exposed to occupational health hazards and improving medical assistance to such employees. Authorizes the Secretary to make grants and contracts for training and curriculum development in occupational medicine or health to schools of medicine and of nursing. Provides that such assistance shall be for projects: (1) at schools with occupational medicine or health programs, for faculty continuing education, curricula and training materials for undergraduate medical or nursing training, and clinical training for residents in graduate medical programs; and (2) at schools without such programs, for faculty training. Directs the Secretary, during FY 1991 through 1993, to make such grants and contracts to at least ten schools of medicine or nursing. Requires that the medical monitoring recommended by the Board be provided by the current employer: (1) at no additional cost to the employee (above any existing employee health care contribution), if any part of the exposure occurred in the course of employment by that employer; or (2) at a charge to the employee not exceeding the additional cost to the employer (above any existing employer health care contribution), or at no charge, if no part of such exposure occurred in the course of employment by that employer. Sets forth special rules for medical monitoring by small businesses and of seasonal agricultural workers. Prohibits discharging or discriminating against employees, or applicants for employment, on the basis that they are or have been members of a population at risk. Makes an exception to such prohibition if the position which the applicant seeks requires exposure to the occupational health hazard which is the subject to the notice. Allows an employer with 50 or fewer employees to transfer an employee who is or has been a member of a population at risk to another job if earnings, seniority, and other employment rights and benefits are as comparable as possible to the old job and if the terms of an applicable collective bargaining agreement are not violated. Grants the option of being transferred to a less hazardous or nonexposed job to any employee member of a population at risk who is determined by a physician to show evidence of developing the disease described in the notice or other symptoms or conditions increasing the likelihood or incidence of such disease. Requires that the employee maintain earnings, seniority, and other employment rights and benefits of the former job. Sets forth procedures for independent reconsideration of the initial medical determination. Sets forth special rules for medical removal. Makes such protection inapplicable to seasonal agricultural workers with less than six months continuous employment with an employer. Exempts from the requirement of medical removal protection any employer who has 50 or fewer employees and who has made or is making a reasonable good faith effort to eliminate the occupational health hazard that is the basis for the medical removal decision. Provides for confidentiality of employee records unless disclosure is authorized by and is necessary to carry out a provision of this Act, or is authorized by the employee. Permits employees aggrieved by violations of provisions involving medical monitoring, medical removal, discrimination, and confidentiality to apply, within six months after the violation occurs, to the Secretary of Labor for a review of the alleged violation. Sets forth provisions for investigations, actions, defenses, determinations, and appeals in such cases. Provides for reinstatement and other relief for employees injured by such violations. Sets forth civil penalties for such violations. Authorizes the Secretary (of HHS) to bring an action in U.S. district court to enjoin an employer from violating this Act. Directs the Secretary of Labor to report annually to the Congress on the implementation and enforcement of the hazard communication standard. Directs the Secretary of HHS to report annually to the Congress on the implementation and enforcement of notification under this Act. Authorizes appropriations for FY 1989 through 1993.
United States · United States Congress · 1 August 1989
Expresses the sense of the Congress that each State should develop a curriculum and related instructional units for instructing schoolchildren in the political, economic, social, ethical, and historical causes of genocide generally and the Holocaust specifically.
United States · United States Congress · 31 July 1989
Benjamin Franklin National Memorial Commemorative Coin Act - Requires the Secretary of the Treasury to issue a specified number of five-dollar gold coins, one-dollar silver coins, and half-dollar clad coins in commemoration of the bicentennial of the death of Benjamin Franklin. Provides that such coins shall be considered legal tender. Requires the Secretary to begin issuing such coins on October 1, 1989. Directs the Secretary to obtain silver for the minting of such coins from stocks of silver held by the Secretary or from any other federally owned stocks of silver and to obtain gold pursuant to authority under existing law. Provides that the design of such coins shall be selected by the Secretary after consultation with the Chairman of the Benjamin Franklin National Memorial at the Franklin Institute and the Chairman of the Commission of Fine Arts. Specifies the sales price of such coins as the face value plus costs. Requires that all sales of such coins include a surcharge of $35 per coin for five-dollar coins, $7 per coin for one-dollar coins, and $2 for half-dollar coins. Requires that all surcharges received by the Secretary from the sale of such coins shall be paid to the Benjamin Franklin National Memorial (The Franklin Institute): (1) to restore and renovate the Memorial; (2) to construct or renovate certain adjoining areas of the Franklin Institute; (3) to establish an endowment to ensure the continued upkeep and maintenance of the Memorial; (4) for exhibits in the Memorial or certain adjoining areas of the Institute; and (5) for funds for construction of certain facilities and for the acquisition and preservation of artifacts relating to Franklin. Authorizes the Comptroller General to audit such payments. Prohibits the minting of such coins under this Act after December 31, 1990. Requires the Secretary to ensure that the minting and issuance of such coins shall not result in any net costs to the Government.
United States · United States Congress · 25 July 1989
Fastener Quality Act - Prohibits the offering for sale or sale in commerce of any fastener (screw, nut, bolt, stud, similar threaded device, or washer) unless it is part of a lot which: (1) conforms to standards and specifications represented by the manufacturer; and (2) has been inspected, tested, and certified according to this Act. Sets forth special rules for small lots. Requires manufacturers to have a fastener lot sample inspected by a laboratory accredited under an approved system (including one owned or affiliated with the manufacturer if it is so accredited). Requires the laboratory, upon determination of conformance with the appropriate standards and specifications, to provide the manufacturer certificates with respect to such lot. Directs the Secretary of Commerce, through the Director of the National Institute of Standards and Technology, to establish: (1) a program for the accreditation of laboratories engaged in the inspection and testing of fasteners; (2) conditions under which accreditation by private entities using standards issued by consensus standards organizations shall be deemed to satisfy the accreditation requirements of this Act; and (3) conditions, no less stringent than those for private accrediting entities, under which accreditation of foreign laboratories by their governments shall be deemed to satisfy the requirements of this Act. Limits accreditation to three years. Requires that laboratory accreditation standards issued by one or more consensus standards organizations selected by the Director be used to accredit laboratories under the accreditation program. Authorizes the Director to hire contractors as necessary to carry out the accreditation program. Requires costs for the establishment and operation of the program to be fully reimbursable through fees or other charges for accreditation services. Directs the Secretary to ensure that private accrediting entities and laboratories accredited by such entities or by foreign governments comply with conditions and requirements in this Act. Requires the Director to periodically transmit recommendations to consensus standards organizations. Prohibits any manufacturer from selling any container of fasteners manufactured in the United States unless delivery to the first purchaser is accompanied by a written notification of testing and certification by an accredited laboratory. Prohibits any person from selling any container of fasteners manufactured outside the United States to any importer or end user unless delivery is accompanied by an original certificate from an accredited laboratory. Allows delivery to an importer or private label distributor without the required certificate if: (1) the manufacturer discloses in writing the appropriate standards and specifications; and (2) the importer or private label distributor assumes responsibility in writing for inspection and testing. Requires that, in a sale of any quantity for resale at wholesale, the container be conspicuously marked with the lot number. Requires persons who make significant alterations to a fastener subsequent to manufacture to have the altered fastener inspected and tested unless delivery is accompanied by a disclosure of the alteration and a warning. Requires subsequent disclosures of the alteration in resales. Prohibits commingling of fasteners from different lots in the same container. Requires fastener manufacturers or private label distributors to comply with requirements of a program for recordation of insignias. Directs the Secretary to establish such a program, including regulations to ensure traceability. Sets forth civil remedies, including declaratory and injunctive relief, and criminal penalties, including fines and imprisonment, for violations of this Act. Provides that nothing in this Act shall be construed to: (1) preempt any rights or causes of action that any buyer may have with respect to any seller of fasteners under the law of any State, except insofar as such State law conflicts with this Act; and (2) limit or otherwise affect the authority of any consensus standards organization to establish, modify, or withdraw any standards and specifications under any other law or authority in effect on the date of enactment of this Act.
United States · United States Congress · 25 July 1989
Veterans Agent Orange Exposure and Vietnam Service Benefits Act of 1989 - Provides that the disease of chloracne in Vietnam veterans shall be considered to have been service-connected if such disease became manifest to a ten percent or more degree of disability within one year after the last date on which the veteran performed such service in Vietnam. Presumes the following diseases to be service-connected for veterans who performed active service in Vietnam during the Vietnam era, notwithstanding that there is no record of evidence of such disease during the period of such service: (1) non-Hodgkins lymphoma; (2) soft-tissue sarcoma; and (3) melanoma and basal cell carcinoma. Provides a presumption of service-connection in the case of a Vietnam veteran suffering from a disease associated with effects of exposure to certain dioxins or other herbicide agents during such service in Vietnam. Directs the Secretary to prescribe regulations listing a positive association between any disease and the biological effects of exposure to an herbicide agent in Vietnam. Requires the Secretary to update such list continually. Requires the Secretary, in prescribing and revising such list, to obtain by contract the determinations and estimates of a contract scientific organization. Requires such organization to: (1) determine which diseases have any degree of association with the biological effects of exposure to an herbicide agent; and (2) estimate the extent of association between each such disease and each such biological effects. Requires the organization to determine such association specifically with respect to non-Hodgkins lymphoma, each soft-tissue sarcoma, lung cancer, and each other cancer. Outlines contract provisions required in such agreements between the Secretary and the scientific organization, including surveys, evaluations, and periodic determinations. Requires such scientific organization to provide reports to the Secretary and the Senate and House Veterans' Affairs Committees regarding its determinations and evaluations. Requires such organization to determine, in the effect of a positive association, whether there is a reasonable basis for concluding that a Vietnam veteran with the highest level of exposure to that herbicide agent in Vietnam was exposed to such agent under the circumstances necessary for such biological effects. Requires a report from the organization to the Secretary and the veterans' committees when there is no such reasonable basis found. Requires the Secretary to make certain determinations and follow-up reports after receiving such reports from the contract scientific organization, including the issuance of a report to the veterans' committees and the promulgation of positive association regulations, if necessary. Requires benefits to be continued even though a disease is removed from the regulations listing diseases having positive associations. Terminates such contracting authority ten years after the first day of the fiscal year in which a scientific organization transmits its first report to the Secretary. Provides special effective dates. Directs the Secretary to compile and analyze all clinical data that: (1) is obtained by the Department in connection with examinations and treatment of veterans for disabilities related to exposure to certain herbicides or to service in Vietnam; and (2) is likely to be scientifically useful in determining the association, if any, between the disabilities of such veterans and their exposure to such herbicides and other toxic substances. Requires the Secretary to submit an annual report to the veterans' committees concerning such analysis and its results. Directs the Secretary to consult with the Director of the National Institutes of Health Research and Grants Division (NIH) before compiling and analyzing such information. Requires the Director of NIH to review each annual report submitted by the Secretary and transmit to the Secretary an evaluation of the contents of each report. Directs the Secretary to establish and maintain a system for the collection and storage of voluntarily contributed samples of blood and tissue of veterans who performed active service in Vietnam during the Vietnam era. Outlines provisions concerning the security and authorized uses of such specimens, as well as limitations on the acceptance of such samples. Requires the Secretary to consult with the National Academy of Sciences (NAS) to the extent that an agreement has been reached with the NAS serving as the contract scientific organization for the Secretary. Requires the Secretary to consult with the Director of the Medical Follow-up Agency in the event of no agreement with NAS. Directs the Secretary to establish a program to provide for the conduct of studies of the feasibility of conducting additional scientific research on health hazards resulting from: (1) exposure to dioxin; (2) exposure to other toxic agents in herbicides used in support of U.S. and allied military operations in Vietnam during the Vietnam era; and (3) active military, naval, or air service there. Requires the Secretary to report to the veterans' committees on the results of such studies. Requires the Secretary to consult with the NAS before undertaking such studies and requires the NAS, to review such studies and report recommendations to the Secretary and the veterans' committees, to the extent provided under any agreement between the Secretary and NAS. Amends the Veterans' Benefits Improvement Act of 1988 to require the Secretary to annually furnish updated information to veterans listed in the Department of Veterans Affairs' Agent Orange Registry on health risks resulting from exposure to dioxin or other toxic agents in herbicides as a result of service in Vietnam during the Vietnam era. Directs the Secretary of Health and Human Services to report to the veterans' committees on the research being conducted to develop treatments for psychological absorption of dioxin and other toxic agents used in herbicides by the United States in Vietnam, including research relating to exposure to dioxin and other toxic agents outside Vietnam. Extends through December 31, 2000, the eligibility for hospital and nursing home care for veterans exposed to toxic substances in Vietnam. Amends the Veterans' Benefits Improvement Act of 1988 to authorize direct consultation between the Ranch Hand Advisory Committee and Department of the Air Force scientists conducting the Ranch Hand Study (a study of the long-term health effects of exposure to phenoxy herbicides and contaminants). Requires the preparation and submission of annual reports and a final report in connection with such study.
United States · United States Congress · 24 July 1989
USHealth Program Act - Division A: USHealth Program - Title I: Eligibility and Enrollment - Amends title XVIII (Medicare) of the Social Security Act to establish the USHealth Program (Program) for the provision of comprehensive medical care, without regard to age or disability status to: (1) U.S. citizens; (2) permanent U.S. residents; and (3) aliens who are employed with a foreign government or international organization and reside in the United States, provided an executive agreement can be arranged with such government or organization for payments into the Program. Provides for the possibility of incorporating foreign visitors into the program. Repeals title XIX (Medicaid) of the Act and provisions of various other benefit programs rendered superfluous by the comprehensive nature of the USHealth Program. Makes conforming amendments to the Railroad Retirement Act of 1974. Title II: Benefits and Providers - Lists Program benefits which comprise: (1) inpatient hospital and inpatient psychiatric hospital services; (2) medical and other health services; (3) comprehensive outpatient rehabilitation facility services; (4) medical care access facility services; (5) extended care services; (6) home health services; (7) hospice care; (8) long-term care for a chronically ill individual; (9) alcohol and drug abuse rehabilitation services; and (10) outpatient mental health services. Amends the Medicare program to expand covered medical and other health services to include: (1) nurse practitioner and clinical nurse specialist services; (2) periodic screening and diagnosis of individuals under age 21 to ascertain their physical or mental defects and the care necessary to correct or ameliorate discovered defects; (3) family planning services and supplies for individuals of child-bearing age; (4) private duty nursing services; (5) eyeglasses and dental services, with specified conditions; (6) prescribed drugs and prosthetic devices; (7) physical therapy; and (8) other diagnostic, preventive, and rehabilitative services. Directs the USHealth Board (Board) to review coverage limitations on mental health services and to make such changes as will improve access to such services while containing costs. Requires the Board to report to the Congress on whether Program coverage should include services of pediatric and geriatric assessment units. Makes the Program the primary payor where items and services provided may also be covered by a group health plan. Sets forth certification standards for long-term care, comprehensive outpatient rehabilitation facility services, outpatient physical therapy services, and outpatient speech pathology services. Uses funds authorized for the rural health care transition grant program under the Omnibus Budget Reconciliation Act of 1987 for the development of medical care access facilities. Defines a "medical care access facility" as a facility which: (1) provides ambulatory, primary, emergency, urgent, and surgical care; (2) provides inpatient care for from one-to-ten inpatient beds for stays not exceeding 48 hours; and (3) is located in a medically underserved area or a county with a population of less than 20,000, or serves a frontier service area. Provides Medicare coverage of facility services. Authorizes such facilities to provide dietician, pharmacist, laboratory technician, medical technologist, and radiological services on a part-time, off-site basis, and remain open for less time than Medicare hospitals. Authorizes appropriations for FY 1990 through 1992 for grants creating medical care access facilities in communities which lack hospitals and assisting hospitals in being converted into such facilites. Directs the Secretary of Health and Human Services to establish a Medical rural health clinic demonstration program: (1) testing new payment methodologies for clinic services; (2) covering early detection procedures, health education, and health risk reduction services; (3) easing staffing requirements for clinics that have been unable to recruit physician assistants or nurse practitioners; and (4) reducing physician, physician assistant, and nurse practitioner productivity standards for sparsely populated areas. Requires the Administrator of the Health Care Financing Administration to provide for and annually report to the Congress on additional research and demonstration projects into how the Medicare and Medicaid (title XIX of the Social Security Act) programs could be changed to better cover care for beneficiaries residing in rural areas and in central city areas of large cities. Directs the Board to develop policies and protocols to assure the appropriate coordination in payments and identification of benefits for Medicare long-term care and acute health care services. Title III: Payments for Services - Ties changes in the payment rate for services provided under the Program to changes in the gross national product (GNP) over a payment period, with adjustments in payments among services being made in response to changes in the utilization of such services. Limits payments for noninstitutional care provided to chronically-ill individuals. Sets forth a formula for determining the payment due to hospitals for capital-related costs which takes into account capital resource use associated with differing diagnosis-related groups as well as changes in the GNP. Directs the USHealth Board to establish a payment schedule for each class of covered health care services and periodically adjust such schedules to reflect GNP changes as well as regional and qualitative differences in services provision. Requires that payment rates for physicians' services and other professional services reflect the particular costs of furnishing such services and take into account the full-time coverage and low-volume of services characteristic of rural areas. Authorizes the Board to provide for the payment of services under an alternative reimbursement system established by a State, provided the system does not increase the cost or reduce the quality of such services. Provides funding to States establishing such a system. Cuts a State's required contribution to the Program by 50 percent of the savings which result from use of the State's alternative system. Directs the Board to establish a toll-free, telephone hotline to handle inquiries concerning Medicare payments for certified registered nurse specialist, certified nurse-midwife, nurse practitioner, and clinical nurse specialist services. Sets forth medical care access facility payment provisions. Prohibits providers from charging beneficiaries or third parties for services covered by this Act. Requires the Board to use insurance companies as carriers, where practicable, and strengthen utilization review by carriers. Increases the rate of payment for each class of individuals enrolled with a health maintenance organization (HMO) to 100 percent of the cost for that class. (Currently, 95 percent of the costs are covered.) Restricts coverage to HMOs qualified under the Public Health Service Act. Requires HMOs to provide enrollees with all services covered by this Act. Directs the Board to conduct a national campaign encouraging eligible individuals to enroll with HMOs. Title IV: Financing Program - Requires USHealth beneficiaries to pay the first $100 of payments made for covered outpatient drugs and, subject to specified maximum payment limits, 25 percent of the payments provided for custodial long-term care services and 20 percent of the payments provided for other services (in addition to nominal copayments). Waives the coinsurance requirement where such payments would place a family's income below the Federal poverty level. Provides that the failure to pay coinsurance amounts will not result in loss of benefit entitlement. Alters the formula for determining the monthly Medicare part B (Supplementary Medical Insurance) premium for individuals age 65 or older, requiring the elimination of such premium when the individual's family income falls below the Federal poverty level. Phases-out such premium for elderly beneficiaries by the year 2005. Eliminates such premium for disabled beneficiaries. Amends the Internal Revenue Code to phase-down the supplemental premium rate so that it reaches zero by the year 2005. Indexes increases to the ceiling on such premium to increases in the per capita GNP. Reduces an individual's supplemental premium by the amount of surtax he or she paid for the coverage of excess Program costs. Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Act to extend the wages on which the Hospital Insurance tax is levied to an unlimited dollar amount after 1989. Amends the Internal Revenue Code to impose an excise tax, to be paid into the USHealth Program Trust Fund (Trust Fund), on wages and self-employment income, including in such tax certain Federal, State, and church employment. Increases the Federal excise tax on cigarettes. Applies the increase to the Trust Fund. Adjusts the rate of such taxes to reflect changes in the GNP. Amends the Medicare program to require the States to pay into the Trust Fund an amount equal to 50 percent of Program payments made to families whose income falls below the Federal poverty level. Amends the Internal Revenue Code to impose a surtax on personal income to cover the amount by which estimated Program costs for a calendar year will exceed Program revenues. Amends the Medicare program to establish the USHealth Program Trust Fund which is to replace the Federal Hospital Insurance Trust Fund, Federal Supplementary Medical Insurance Trust Fund, Federal Catastrophic Drug Insurance Trust Fund, and Medicare Catastrophic Account and be administered by the Board. Provides for off-budget treatment of receipts and disbursements of the Trust Fund. Amends the Internal Revenue Code to repeal the exclusion of employer health insurance contributions from income computations. Title V: Quality Assurance - Amends part B (Peer Review) of title XI of the Act to establish a National Council on Quality Assurance. Directs the Director of the Congressional Office of Technology Assessment to provide for the appointment of members of the Council. States that the general functions of the Council shall be to: (1) provide oversight of the operations of the quality assurance system; and (2) make recommendations annually to the Board and the Congress for improvements in the system. Sets forth the Council's functions more specifically. Requires the Council to report annually to the Congress on the functioning and progress of the Council. Authorizes appropriations. Requires contracts with peer review organizations to provide that: (1) at least one-half of the organizations' efforts must be on quality assurance activities; and (2) quality assurance activities shall be conducted with respect to all the different types of items and services covered by Medicare, Medicaid, or through a private payor. Adds to the definition of the term "peer review organization" so as to require such an entity to: (1) include representatives of quality assurance activities; and (2) have a consumer advisory board. Defines a "consumer advisory board." Requires peer review organizations to review health maintenance organizations (HMOs). Requires any peer review organization to: (1) educate USHealth beneficiaries; (2) provide for a toll-free telephone number, which shall be provided to USHealth beneficiaries for the purpose of receiving questions and complaints from USHealth beneficiaries; (3) assist in resolving any such complaints that are legitimate; (4) make available to its consumer advisory boards appropriate information received from the telephone service; and (5) train members of its consumer advisory board. Appropriates funds, in addition to any other amounts appropriated to carry out part B of title XI, from the Trust Fund for distribution to peer review organizations. Amends the Medicare program to impose quality assurance requirements on home health agencies and long-term care management agencies, including requirements that such agencies implement grievance review procedures, ensure that their providers receive adequate training, and develop and periodically review plans of care for their clients. Requires home health agencies and providers to provide clients with information and training concerning the use of durable medical equipment. Requires long-term care management agencies to supply their clients with a written statement of the services they will receive and a copy of the consumer bill of rights to be promulgated by the Board. Directs the Board to: (1) establish procedures for surveying home health and long-term care management agencies; (2) encourage and report on State progress in developing home health agency licensing policies and procedures; and (3) provide grants for training programs for home health agencies and providers and long-term care management agencies. Authorizes appropriations for such activities in FY 1993 and thereafter. Requires hospitals to implement a discharge planning process which meets guidelines and standards to be established by the Board, in conjunction with the National Council on Quality Assurance, to: (1) protect against inappropriate early hospital discharges; (2) ensure a timely and smooth transition to the most appropriate type of and setting for post-hospital care; and (3) permit early initiation of the authorization process for continuing care services. Amends part B of title XI of the Act to require peer review organizations to monitor hospitals' compliance with discharge planning process requirements. Requires health maintenance organizations (HMOs) to make outpatient mental health services available to their clients and ensure that quality assurance activities include such services. Requires the Board to promulgate a consumers' bill of rights which includes rights: (1) facilitating consumer participation in the planning and delivery of services; (2) requiring consumer notification regarding services, charges for services, and the termination or reduction of services; (3) protecting consumer dignity, privacy, and property; and (4) ensuring service from properly trained and competent individuals. Requires the Board to provide grants to States for the establishment of a health and long-term care ombudsman in each State. Directs each State to establish a statewide uniform reporting system and a toll-free telephone hotline for the collection and communication of complaints regarding conditions in inpatient care facilities. Sets forth study and reporting requirements. Title VI: Administration and Miscellaneous - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Act to replace the heading of part B with the heading, "Part B-USHealth Administration." Establishes as an independent executive agency a USHealth Administration (Administration). Provides that it shall be the duty of the Administration to administer the USHealth Program. Provides that the Administration shall be governed by a USHealth Board. Requires the Board to study and make recommendations as to the most effective methods of providing for the health care of permanent U.S. residents and as to legislation and matters of administrative policy. Establishes in the Administration: (1) a USHealth Administrator; (2) a Deputy USHealth Administrator; (3) a General Counsel; (4) an Inspector General; and (5) an office of the USHealth Ombudsman, to be headed by a USHealth Ombudsman who shall represent the interests of USHealth beneficiaries within the Administration. Requires the annual report of the Board to include a description of the activities of the Ombudsman. Requires the Board to make annual budgetary recommendations relating to the Administration. Requires that appropriations requests by the Administration for staffing and personnel be based upon a comprehensive workforce plan as established by the Board. Provides for the apportionment of administrative costs. Requires the annual report of the Board to include a section reflecting the use of budget authority provided to the Administration. Requires that authority for automated data processing procurement and facilities construction be provided in the form of contract authority covering the total cost of such acquisitions. Makes amounts needed for the liquidation of contract authority so provided available from the Trust Fund to the extent that such amounts are not needed to meet current obligations for benefit payments. Requires the Board to cause a seal of office to be made and judicial notice taken thereof. Directs the Administrator and the Board to report to the Congress within 120 days after the beginning of each regular session on their administration under this Act. Requires the Board and the Director of the Office of Personnel Management to implement demonstration projects relating to personnel matters. Directs the Board and the Administrator of General Services to implement such projects relating to delegations from such Administrator. Specifies the authorities which are to be delegated to the Board from the Administrator of General Services and the Director. Requires the Comptroller General to report to specified congressional committees concerning such projects, including an evaluation of the Board's readiness to assume full and permanent authority. Provides for the transfer to the Administration of all functions carried out by the Secretary of Health and Human Services with respect to the programs and activities which have been administered by the Health Care Financing Administration. Abolishes the position of Administrator of the Health Care Financing Administration in the Department of Health and Human Services. Directs the Secretary to conduct: (1) from five-to-ten three-year demonstration projects to determine the relative effectiveness, cost, and impact on the quality of long-term care of different models of providing and reimbursing Medicare care management services; and (2) from five-to-ten 18-month demonstration projects to assess the coverage of day health care provided to chronically ill individuals in a group-setting outside their homes on a less than 24-hour-a-day basis as long-term care. Sets forth reporting requirements. Sets forth effective date and transitional rule provisions. Title VII: Miscellaneous Provisions - Repeals the Medicaid program. Makes this Act inapplicable to Medicare or Medicaid services furnished before 1994. Division B: Transition and System - Building Provisions - Title I: Medicaid Expansion to Cover the Poor - Amends the Medicaid program to extend Medicaid coverage to all children whose income is below the Federal poverty level and whose resources do not exceed twice the limit for eligibility under title XVI (Supplemental Security Income) of the Social Security Act. Phases-in Medicaid coverage, by January 1, 1992, of all individuals whose income and resources do not exceed such limits. Title II: Private Health Insurance Deduction for Self-Employed - Amends the Internal Revenue Code to provide a tax deduction for the entire health insurance costs of the self-employed. Title III: Rural Health Care Development - Amends the Medicaid program to require that State Medicaid payments for rural medical practices reflect the particular costs of furnishing services in rural areas. Directs the Secretary, jointly with the States, to develop an appropriate system to reduce the payment differential between urban and rural professional health personnel. Permits rural nursing facilities to elect to receive Medicaid payments on the basis of a daily rate schedule to be established by the Secretary. Permits rural home health agencies to elect to receive payments on the basis of a per visit rate to be established by the Secretary. Provides Medicaid coverage of medical care access facility services. Requires such facilities to participate in the program. Amends title VII (Administration) of the Act to place the Office of Rural Health Care in the Office of the Secretary of Health and Human Services. Amends the Public Health Service Act to authorize the Secretary to make grants to States which have submitted fiscal year plans for comprehensive State rural health access planning to assist States in such planning. Authorizes appropriations for such grant program through FY 1992. Requires each State to submit a comprehensive rural emergency medical services plan to the Secretary for each fiscal year, beginning with FY 1990. Authorizes appropriations through FY 1992 for payments to States, which vary among States on the basis of the proportion of the nation's rural population which reside in each State, to cover the costs of planning, implementing, and monitoring the operation of trauma care systems in rural areas. Authorizes the Secretary to make grants to public and nonprofit entities for planning, constructing, equipping, supplying, and operating a rural health clinic and training the personnel at such clinic. Authorizes the Secretary to make grants to solo and small group medical practices which provide primary health services to medically underserved rural populations to assist such practices in purchasing equipment and supplies and training personnel. Sets forth grant conditions, including the requirement that such clinics and practices accept as patients Medicare and Medicaid recipients residing in their service area, and provide 24-hour-a-day emergency medical services. Authorizes appropriations through FY 1992. Sets aside five percent of amounts appropriated to the National Center for Health Services Research and Health Care Technology Assessment for research on improving rural health care delivery systems. Directs the Secretary to conduct a study on improvements which can be made in the collection and analysis of data used in designating rural areas as medically underserved areas. Amends the Public Health Service Act to require that a State's application for an Alcohol, Drug Abuse, and Mental Health Services Block Grant include an examination of the mental health care needs of rural residents and specify the effort that has and will be made to satisfy such needs. Directs the Secretary to conduct research on improving rural mental health delivery systems. Authorizes appropriations for such research through FY 1992. Title IV: Direct Reimbursement of Nurse Specialists - Amends the Medicaid program to require direct Medicaid reimbursement for certified nurse midwife, certified registered nurse anesthetist, nurse practitioner, and clinical nurse specialist services, whether or not such nurse is under the supervision of, or associated with, another health care provider, if such services would otherwise be covered if furnished by a physician or as an incident to a physician's services. Requires that such payments be equal to payments for such services under the Medicare program and not vary on the basis of the type of nurse involved. Title V: Health Care Personnel Development - Amends the Public Health Service Act to authorize appropriations through FY 1992 under the National Health Service Corps Scholarship Program and Loan Repayment Program. Requires the Secretary to establish a program of scholarships and loan repayments to assure an adequate supply of trained health care personnel at medical facilities which serve medically underserved populations. Requires that no less than 40 percent of the persons receiving such assistance be targeted for placement with medically underserved rural populations. Authorizes appropriations for such program through FY 1992. Requires persons receiving Federal financial assistance under the Public Health Service Act to operate health care personnel training programs: (1) take into account the special health care conditions of rural areas; and (2) improve efforts to recruit, as students, individuals who are likely to practice in medically underserved rural areas. Authorizes the Secretary to make grants to public or private nonprofit health or educational entities for training programs to increase the number of health care personnel and multi-competent health care technicians serving medically underserved rural populations. Authorizes appropriations for such grant programs through FY 1992. Requires the Secretary, in entering into contracts with schools of medicine and osteopathy for area health education centers, to give priority to health education projects targeted toward health professions having an inadequate number of practitioners, either by specialty or geographic location. Makes administrative changes affecting area health education centers. Authorizes appropriations for such centers through FY 1992. Authorizes the Secretary to make grants to and enter into contracts with public and nonprofit private entities to cover the costs of providing continuing education for nurses in rural areas through the use of satellite transmissions. Title VI: Mental Health Care Development - Subtitle A: Amendments to Public Health Service Act - Amends the Public Health Service Act to reserve specified amounts of appropriations to the National Institute of Mental Health and to the National Institute on Aging for FY 1990 through 1992, which are in excess of FY 1989 appropriations, for research on the mental health and psycho-social well-being of elderly individuals. Amends the Older Americans Act of 1965 to authorize appropriations for FY 1990 through 1992 for research, development, and demonstration projects regarding the mental health of elderly individuals. Requires the Secretary to enter into a contract with the Institute of Medicine of the National Academy of Sciences for the conduct of a study to determine methods for measuring and assuring the quality and effectiveness of mental health services and alcohol and drug abuse treatment services. Requires that the Institute complete such study and report to the Congress. Authorizes appropriations for FY 1990. Directs the Secretary to provide for and report to the Congress by January 1, 1991, on additional studies: (1) comparing mental health services under prepaid health plans and in settings other than prepaid health plans; (2) examining mechanisms for ensuring the quality of, and access to, mental health services delivered by State, local, and independent mental health facilities; (3) examining minority access to community mental health centers; (4) examining the adequacy and optimal utilization of mental health manpower; and (5) examining the adequacy of minority mental health manpower and training. Authorizes the Secretary to conduct demonstration projects to determine methods of increasing minority access to community mental health centers. Authorizes appropriations for such studies and projects. Subtitle B: Changes in Medicare and Medicaid Programs - Amends the Medicaid program to require Medicaid coverage of outpatient mental health services which would otherwise be covered if furnished by a physician. Amends the Medicaid program to define an institution for mental diseases as an institution that has more than 16 beds and: (1) is under the jurisdiction of the State mental health authority; (2) advertises itself as primarily specializing in treating individuals with mental disease; or (3) is made up, for the most part, of patients who do not have a physical condition which in itself requires the level of services provided in a skilled nursing facility. Amends the Medicare and Medicaid programs to require nursing facilities to provide access to medically necessary mental health services. Amends part A (General Provisions) of title XI of the Act to impose additional conditions on mental health providers' participation in the Medicare and Medicaid programs. Includes among such conditions the requirements that each provider: (1) comply with the consumer bill of rights; (2) provide each consumer with written grievance procedures and written notice of the services to be provided; (3) have the capacity to identify potential clients, provide mental health services, and coordinate their services with those provided by others; and (4) engage in consumer needs assessment and care and discharge planning activities. Requires health maintenance organizations to ensure access to, and the quality of, the Medicaid outpatient mental health services they provide. Requires peer review organization review of the mental health services for which payment is made under the Medicare or Medicaid program. Directs the Secretary to ensure the reasonableness of Medicare reimbursement for nursing facility mental health services. Title VII: Alzheimer's Assistance Development- Subtitle A: Grants to States for Alzheimers Disease Programs - Amends the Public Health Service Act to direct the Secretary to make grants to States to plan, establish, and operate programs to provide specified services regarding Alzheimer's or related disorders. Specifies purposes for which grant funds may not be used. Limits grants to three years, subject to annual evaluation by the Secretary. Limits the amount of a grant and its portion of the costs of the program for which it is made. Directs the Secretary to annually evaluate the grant programs. Authorizes the Secretary to contract with private entities to conduct the evaluation. Authorizes appropriations for FY 1990 through 1992. Subtitle B: Improvement of Services Under Medicare and Medicaid Programs - Directs the Secretary of Health and Human Services to review the levels of Medicare reimbursement provided for home health services, extended care services, and inpatient hospital services relating to an advanced stage of Alzheimer's or a related disorder and adjust the levels to accurately reflect the reasonable amount required to provide adequately for services furnished. Requires each State plan approved under title XIX (Medicaid) of the Social Security Act to report to the Secretary on how the levels of reimbursement under the plan for home health services, nursing facility services, inpatient hospital services, and community-based care take into account special needs regarding an advanced stage of Alzheimer's or a related disorder. Directs the Secretary to modify contracts with utilization and quality control peer review organizations under part B (Peer Review) of title XI of the Social Security Act to ensure that the organizations conduct adequate and representative quality of care reviews on patients who require intensive home health services or extended care services. Requires States, as a condition of approval of a State plan under Medicaid, to provide assurances that the State is providing for the conduct of adequate and representative quality of care reviews on patients who require intensive home health services, nursing facility services, or other long-term care services. Directs the Secretary to review and report to the Congress regarding whether specified types of facilities participating under the Medicare or Medicaid program limit or restrict the services they provide to individuals with Alzheimer's or a related disorder. Title VIII: Community and Migrant Health Centers Expansion - Amends the Public Health Service Act to authorize appropriations through FY 1991 for grants to migrant health centers and community health centers.
United States · United States Congress · 24 July 1989
Designates the week of October 22 through October 29, 1989, as National Red Ribbon Week. Recognizes and commends the hard work and dedication of certain individuals and organizations and urges activities that support community and alcohol education during such week. Encourages Americans to wear or display red ribbons during such Week to present and symbolize their commitment to a healthy, drug-free lifestyle, and to develop an attitude of intolerance to the use of drugs.
United States · United States Congress · 21 July 1989
Drug War Bond Act of 1989 - Directs the Secretary of the Treasury to issue: (1) Drug War Bonds for a three-year period with a 12-year maturity date; and (2) Drug War Stamps to evidence payments for or on account of such bonds. Amends the Internal Revenue Code to exclude the interest earned on such War Bonds from an individual's gross income. Authorizes a taxpayer to designate a specified portion of any tax overpayment or make cash contributions to the War on Drugs Trust Fund (established by this Act). Authorizes the Attorney General to make expenditures from the Department of Justice Assets Forfeiture Fund into the War on Drugs Trust Fund. Amends the Internal Revenue Code to establish the War on Drugs Trust Fund. Transfers to such Fund: (1) proceeds from the sale of Drug War Bonds and stamps; and (2) certain cash contributions and portions of tax overpayments. Prescribes expenditures from the War on Drugs Trust Fund, including the construction of Federal prison facilities and education and rehabilitation programs. Precludes the receipts and disbursements from the War on Drugs Trust Fund from being included in either the congressional budget totals or in the budget totals as submitted by the President. Exempts the receipts and expenditures from the War on Drugs Trust Fund from: (1) statutory expenditure and lending limitations; and (2) certain orders issued under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Requires the Secretary to report to the Congress on programs established by this Act. Directs the Attorney General to make recommendations to the Congress regarding the merits of privatizing Federal prisons.
United States · United States Congress · 21 July 1989
Amends the National Labor Relations Act to make it an unfair labor practice for an employer to hire, or threaten to hire, permanent replacement workers during a strike (or to enter into agreements for such purposes).
United States · United States Congress · 21 July 1989
Drug Paraphernalia Act of 1989 - Amends the Anti-Drug Abuse Act of 1986 to prohibit any sale or offer for sale of drug paraphernalia. (Current law prohibits the offer for sale and transportation of drug paraphernalia in interstate or foreign commerce.) Directs the Attorney General to use the authority granted under the Controlled Substance Act to enforce the Anti-Drug Abuse Act of 1986 through the use of task forces consisting of appropriate Federal, State, and local personnel. Authorizes appropriations for FY 1990 through 1994.
United States · United States Congress · 20 July 1989
Amends the State Justice Institute Act of 1984 to authorize the use of Institute funds to conduct up to five projects to: (1) investigate and carry out research regarding State judicial decisions relating to child custody litigation involving domestic violence; (2) develop training curricula to assist State courts to develop an understanding of, and appropriate responses to, child custody litigation involving domestic violence; and (3) disseminate the results of such investigation and research and the curricula to State courts. Authorizes appropriations through FY 1992.
United States · United States Congress · 20 July 1989
AIDS Health Services Act of 1989 - Directs the Secretary of Health and Human Services, through the Administrator of the Health Resources and Services Administration, to make grants to eligible consortia for services to people with acquired immune deficiency syndrome (AIDS) or symptomatic human immunodeficiency virus (HIV) infection, including inpatient and nursing home care, primary community health and support services (including services for infected children and their families) and secondary community support services (including services for infected children and their families). Requires that priority be given to the development and availability of primary community health and support services. Requires at least 20 percent of funds made available to be used for the provision of services for members of minority communities. Authorizes appropriations for FY 1990 through 1992. Directs the Secretary to conduct health and mental health services research focused on the delivery of services to individuals infected with the HIV, including studies on: (1) service delivery to members of minority communities; (2) the societal distribution of the costs of infection with HIV; and (3) the most cost-effective ways of providing services. Authorizes appropriations for FY 1990.
United States · United States Congress · 20 July 1989
Family Housing Options Program Act of 1989 - Amends the United States Housing Act of 1937 to reserve at least five percent of section 8 housing assistance for families affected by domestic violence and for homeless families. Requires administration of such program through the local public housing agencies. Permits assistance to be used in shared housing arrangements if the family receiving assistance so consents. States that rent contributions made by a family in such an arrangement shall not be considered income to the participating family for purposes of specified housing assistance eligibility. Includes among State allocation factors the number of transitional and emergency shelters, domestic violence shelters, and the number of families served by such programs. Requires: (1) each State to make an annual program report to the Secretary of Housing and Urban Development; and (2) the Secretary to include a summary of such reports in the annual section 8 report.
United States · United States Congress · 20 July 1989
National Academy of Science, Space, and Technology Act - Establishes in the Department of Education the National Academy of Science, Space, and Technology for the instruction and preparation for Federal service of selected persons. Establishes a commission to advise the Secretary of Education on the selection of a permanent location for the Academy, a course of study, and administrative matters. Directs the Secretary to determine the location of the Academy in the United States according to a specified process. Authorizes the Secretary to acquire land, prepare plans and designs, and construct and equip temporary or permanent public works at the location. Authorizes the Secretary to: (1) provide for the erection of temporary buildings and the modification of existing structures on existing government property; (2) provide for the functioning, equipping, maintaining, and repairing of those buildings and structures; and (3) contract with institutions for operation and instruction. Empowers the Secretary to determine the course of study and the organizational structure of the Academy, establish rules, appoint officials, determine the size of the student body, and oversee admissions. Requires each Senator and Representative to nominate candidates for admission, with the number of vacancies allocated to a State proportional to that State's representation in the Congress and with apportionment in the order of merit established by competitive examinations. Requires vacancies allocated to other sources to be filled from among candidates in each category in order of merit established by similar competitive examinations, not to exceed 15 percent of the total appointments authorized. Requires that each student at the Academy, in return for his or her education and room and board, owes the Federal Government four years of service in the National Aeronautics and Space Administration, the National Science Foundation, the Department of Health and Human Services, or any other Federal organization devoted to endeavors relating to science, space, or technology, subject to the approval of the Secretary. Allows the commitment also to be served in the Army, Navy, Air Force, or Marine Corps, subject to the rules and regulations of the particular branch.
United States · United States Congress · 20 July 1989
Expresses the sense of the Congress that, for purposes of determining child custody, evidence of spousal abuse should create a statutory presumption that it is detrimental to the child to be placed in the custody of the abusive parent.
United States · United States Congress · 19 July 1989
Dolphin Protection Consumer Information Act of 1989 - Provides for the labeling of all tuna products as "DOLPHIN SAFE" if the products are, in their entirety: (1) not caught with specified nets or technologies; and (2) regardless of the country of origin, sold or consumed in the United States. Requires tuna products sold or consumed in the United States and not so labeled to bear the statement: "The tuna in this product has been captured with technologies that are known to kill dolphins." Deems a can, box, or package containing any tuna product mislabeled if it is not labeled as required by these provisions, or if its label contains any false or misleading information pertaining to dolphins, whales, or other cetaceans. Directs the Secretary of Health and Human Services, through the Food and Drug Administration, to conduct inspections to determine if tuna products are being labeled in accordance with provisions of this Act. Authorizes any person to commence a civil action against the Secretary where there is alleged a failure of the Secretary to perform the inspection. Provides for injunction proceedings, jurisdiction, burden of proof, trial by jury, and awarding of costs. Authorizes any U.S. citizen to seek an injunction or restraining order. Provides for criminal penalties.
United States · United States Congress · 17 July 1989
Establishes the Commission on the Goddess of Democracy Statue to erect a statue on Federal land in the District of Columbia resembling the statue displayed in June 1989 by prodemocracy demonstrators in Tiananmen Square, Beijing, China. Specifies the duties of the Commission, its membership, and sources of funding. Authorizes the President to offer such statue to the Chinese people to be displayed in China when the President determines that the Chinese Government will respect the democratic principles that led to the display of the original statue.
United States · United States Congress · 13 July 1989
Department of Defense Acquisition Reorganization Act of 1989 - Establishes in the Department of Defense (DOD) a defense acquisition system that shall be administered by the Under Secretary of Defense for Acquisition (Under Secretary). Requires all DOD functions relating to the acquisition of property and services to be performed using the defense acquisition system. Terminates the separate defense procurement authority currently held by the Secretaries of the Army, Navy, and Air Force. Establishes in DOD a Defense Acquisition Corps (DAC), to be headed by the Under Secretary. Requires the Secretary of Defense to make appointments to DAC from the best-qualified civilian applicants. Directs the Secretary to establish a personnel program for civilian personnel within DAC. Outlines personnel rules to be issued by the Secretary in connection with such program. Exempts DAC personnel from certain competitive service and other requirements applicable to other Federal employees. Authorizes the Secretary to establish a merit pay program for such members of the DAC as the Secretary considers appropriate. Provides for assignment of civilian personnel to positions within DAC, requiring the Secretary to review current acquisition-related positions within the military departments and to make initial appointments to DAC from the best-qualified civilian and military personnel currently assigned to acquisition-related functions within DOD. Directs the Secretary to review each major defense acquisition program before such program proceeds into each of the following stages: (1) validations of plans and requirements; (2) initial research and development; (3) full-scale development; and (4) production. Prohibits the Secretary or the Secretary of a military department from obligating or expending funds with respect to a stage of such a program unless the Secretary approves such program at the beginning of such stage. Prohibits the Secretary from delegating any such approval power to the Secretary of a military department. Directs the Secretary to establish and operate a Defense Acquisition University which shall include all acquisition-related defense schools in existence as of the enactment of this Act. Outlines rules to be issued by the Secretary in establishing and operating such University.
United States · United States Congress · 12 July 1989
Consolidated Maternal and Child Health Services Act of 1989 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services, for each fiscal year, to make an allotment for, and payments to, each State for maternal and child health care and related services, including: (1) for women, providing health services related to pregnancy; (2) for infants and children, providing preventive health services; (3) for infants not exceeding one year of age, providing comprehensive health services; (4) training individuals in administering such services for women, infants, and children; (5) conducting evaluations of such services; and (6) conducting surveys or studies required by the Secretary under this Act. Requires that the services for women, except for inpatient services, be provided at a single facility in the community. Imposes the same requirement on the services for infants and children. Authorizes States to expend the payments to make grants to public and nonprofit entities and to enter into contracts with public and private entities. Declares that, notwithstanding any other law, if an individual is eligible for any service or item under these provisions, the individual may not receive the service or item under specified provisions of: (1) titles V (Maternal and Child Health Services), XIX (Medicaid), and XX (Grants to States for Social Services) of the Social Security Act; (2) the Public Health Service Act; (3) the Child Nutrition Act of 1966; (4) the Agriculture and Consumer Protection Act of 1973; and (5) any other Federal program providing services or items with respect to maternal or child health. Excludes from the consolidation those programs: (1) involving nutrition services through school facilities or child-care facilities; or (2) providing cash assistance to beneficiaries, including under titles IV (Child Welfare Programs) and XVI (Supplemental Security Income) of the Social Security Act. Repeals titles X (Population Research and Voluntary Family Planning Programs) and XX (Adolescent Family Life Demonstration Projects) of the Public Health Service Act. Requires the head of the agency that administers each program consolidated by this Act to make a determination regarding any amendments which should be made to any Act affecting that program and report to the appropriate committees of the Congress. Prohibits payments to a State unless the State agrees that the payments will not be expended to pay for any abortion, or for any counseling on or referral for obtaining any abortion, except where the life of the mother would be endangered if the fetus were carried to term. Limits administrative expenditures to ten percent of the payments. Sets forth reporting and auditing requirements. Prohibits payments to a State unless the State agrees that the State will: (1) provide services without regard to the ability of an individual to pay; (2) make charges, if any, pursuant to a public schedule of charges; (3) conduct surveys and studies as required by the Secretary and submit findings to the Secretary; (4) establish criteria to evaluate the performance of entities that receive funds from payments made to the State; (5) establish procedures for procedural and substantive independent State review of the failure by the State to provide funds for any such entity; (6) permit and cooperate with Federal investigations under provisions of this Act; and (7) maintain State expenditures for services or items provided for in this Act at a level not less than that maintained in the previous fiscal year. Sets forth a formula for determining the amount of the allotments to States. Directs the Secretary, for FY 1991, to make a supplemental allotment for each State that has made satisfactory progress toward: (1) providing all State-assisted maternal and child health services and items without regard to whether the services and items are provided with Federal financial assistance; and (2) providing the services and items pursuant to a single, standardized application form through which all desired services and items can be simultaneously requested. Sets forth: (1) a formula for determining the amount of the supplemental allotments; and (2) special provisions applicable to Indian tribes or tribal organizations. Authorizes appropriations. Requires any amounts paid to a State to remain available to the State for one year after the State receives the amounts.
United States · United States Congress · 12 July 1989
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to provide a lump sum payment of $100,000 (adjusted to reflect the annual percentage change in the Consumer Price Index) to public safety officers (law enforcement officers and fire fighters) who become permanently and totally disabled as a result of a catastrophic injury sustained in the line of duty. Prohibits the payment of both a lump sum disability payment and a lump sum death benefit.
United States · United States Congress · 12 July 1989
Requests: (1) the Soviet Union to release the prison records of Raoul Wallenberg and account for his whereabouts; and (2) the President to pursue such release and accounting through diplomatic actions with the Soviet Union.
![Official portrait of Rep. Foglietta, Thomas M. [D-PA-1]](https://www.congress.gov/img/member/f000235_200.jpg)