United States · United States Congress · 7 February 1989
Social Security Transitional Benefit Computation Act of 1989 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to alter the formula for computing the primary insurance amount of individuals who attain age 65 in or after 1982 and would otherwise be subject to the benefit computation rules of the Social Security Amendments of 1977. Extends the application of such transitional benefit computation rules to those who become eligible for benefits before 1989. (Currently those who become eligible after 1983 are subject to the benefit computation rules of the Social Security Amendments of 1977.)
United States · United States Congress · 7 February 1989
Volunteer Protection Act of 1989 - Prescribes circumstances under which volunteers working for nonprofit organizations or government entities shall be immune from personal financial liability for acts on behalf of the organization or entity. Sets forth exceptions to and conditions on the granting of such immunity that a State may impose. Requires the Secretary of Health and Human Services to increase by one percent the fiscal year allotment which would otherwise be made to a State to carry out the Social Services Block Grant Program under title XX of the Social Security Act if such State has, within two years, certified to the Secretary that it has enacted a State law which provides such immunity. Provides for the continuation of such increase based on an annual recertification.
United States · United States Congress · 7 February 1989
Job Training Partnership Accountability Act of 1989 - Amends the Job Training Partnership Act (the Act) to establish additional fiscal controls and procurement accountability requirements. Defines "profit" to mean any revenue in excess of expenditures. Increases the maximum portions of specified program funds for a service delivery area which may be used for administrative costs, or for a combination of administrative costs and work experience program costs. Requires the Secretary of Labor to define all cost categories comprehensively. Establishes procurement standards with which all recipients, subrecipients, or service providers receiving funds under the Act must adequately demonstrate that they have complied. Directs the Secretary to issue various regulations relating to such standards, prohibiting conflicts of interest or restrictions of competition, and requiring recipients to perform a cost analysis and price analysis in connection with each procurement action, including contract modifications. Requires each recipient, subrecipient, and service provider to maintain records of revenues and expenditures, for the duration of the grant, subgrant, contract, or other agreement. Requires all expenditures of funds received under the Act to be recorded and reported in the proper cost categories. Requires the Secretary to issue a notice of proposed rulemaking within three months, allow at least 60 days for public comment, and issue final regulations within six months.
United States · United States Congress · 7 February 1989
Designates July 27, 1989, as National Korean War Veterans Recognition Day and expresses the gratitude of the Congress and the Nation for the contributions made by the Korean War veterans.
United States · United States Congress · 6 February 1989
SSI Benefit Improvement Amendments of 1989 - Title I: Provisions to Increase SSI Benefit Standards and Changes in Treatment of Certain In-Kind Income - Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act to gradually increase SSI benefits so that they are set at the Department of Health and Human Services' Federal Poverty Income Guidelines on and after January 1, 1992. Reduces the SSI benefits payable to a person living in another's household and receiving support and maintenance in kind by the amount of such support and maintenance if it is less than the one-third benefit reduction currently applicable. Eliminates the application of such benefit reduction to persons who pay a reasonable portion of household expenses. Treats an individual who becomes ineligible for SSI benefits by reason of his or her receipt of support or maintenance in kind as continuing to receive SSI benefits for Medicaid (title XIX of the Act) eligibility purposes. Requires the Secretary of Health and Human Services to notify individuals who have lost their SSI eligibility in such manner after 1983 of their possible eligibility for Medicaid benefits. Title II: Increases in SSI Resource Limits - Raises SSI resource eligibility limits. Directs the Secretary to annually notify SSI applicants and recipients of the resource limits in effect for the year. Title III: Establishment of Permanent SSI Outreach Program - Requires the Secretary to establish and conduct an SSI outreach program for: (1) low-income aged, blind, and disabled individuals who are not receiving SSI benefits; and (2) children who are potential SSI beneficiaries by reason of disability or blindness. Directs the Secretary to conduct an evaluation program and annually report to the Congress on the effectiveness of such outreach programs.
United States · United States Congress · 6 February 1989
SSI Technical Amendments Act of 1989 - Title I: Changes in the Treatment of Income and Resources - Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act to treat unemployment compensation and worker's compensation as earned income for purposes of the SSI program. Treats income received on a weekly or biweekly basis as being received on a regular monthly basis at the same annual rate if such treatment would render the payee eligible for SSI benefits. Excludes the value of domestic commercial transportation tickets received as gifts and not converted to cash from income for SSI purposes. Reduces the amount of time during which a separated couple must be apart for their income and resources to be considered separately if such separation induces a financial emergency. Excludes specified amounts of interest and dividend income from an individual's income for SSI purposes. Increases the cash value of life insurance and burial fund accounts which is excluded from a beneficiary's resources for SSI purposes. Title II: Special Provision Related to SSI for the Mentally Ill - Excludes the time during which an individual was ineligible for SSI benefits by reason of being in a public mental institution from the one-year period of ineligibility after which a former SSI beneficiary must reapply for SSI benefits. Title III: SSI Status for Certain Individuals -Preserves the Medicaid (title XIX of the Act) eligibility of individuals who lose their SSI blindness or disability benefits upon entitlement to old-age or spouse's insurance benefits under the Old-Age, Survivors and Disability Insurance (OASDI) program (title II of the Act). Amends the Employment Opportunities for Disabled Americans Act to preserve the Medicaid eligibility of individuals who became ineligible for SSI benefits upon entitlement to or an increase in OASDI child's insurance benefits before July 1, 1987. Amends the SSI program to require that individuals who are considered to be receiving SSI benefits for Medicaid eligibility purposes continue to satisfy other Medicaid eligibility criteria. Presumes that such individuals have applied for Medicaid eligibility. Title IV: Effective Date - Sets October 1, 1989, as this Act's effective date, except where otherwise specified.
United States · United States Congress · 6 February 1989
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to increase by $3,000 for each year from 1991 through 1995 the amount of outside income which beneficiaries who have attained retirement age may earn without incurring a reduction in benefits. Removes such income limitation thereafter. Accelerates the effective dates of increases in the delayed retirement credit rate for individuals who work beyond retirement age.
United States · United States Congress · 6 February 1989
American Heritage Trust Act of 1989 - Title I: American Heritage Trust - Establishes the American Heritage Trust, comprised of the Land and Water Conservation Fund and the Historic Preservation Fund, to provide funding for the preservation of America's natural, historical, cultural, and outdoor recreational areas. Title II: Land and Water Conservation Fund - Amends the Land and Water Conservation Fund Act to require the Secretary of the Treasury to invest a portion of the Land and Water Conservation Fund in public debt securities. Requires that the interest from such investments be used for the preservation of the Nation's recreational areas. Requires any excess interest to be credited to the Treasury. Sets forth a formula for the allocation of such interest income to the Federal Government and the States. Sets forth specified requirements with respect to the apportionment of such income to local and State governments, Indian tribes, and Alaska Native Village Corporations. Title III: Historic Preservation Fund - Amends the National Historic Preservation Act to extend the Historic Preservation Fund through 2015. Requires the Secretary of the Treasury to invest a portion of such Fund in public debt securities. Requires that the interest from such investments be used for the preservation of historic sites. Provides for allocation of a percentage of annual appropriations for State historic preservation trust funds. Title IV: Miscellaneous Provisions - Requires the owner of any site that benefits from moneys derived from the American Heritage Trust to install a sign indicating that fact. Requires the Secretary of the Interior, within 18 months after enactment of this Act, to provide for a contest for elementary or secondary school children for the design of a symbol to represent such Trust and for use in such signs.
United States · United States Congress · 6 February 1989
Directs the Comptroller General to conduct an annual audit of the Federal Reserve Board, the Federal Advisory Council, the Federal Open Market Committee, and all Federal Reserve banks and their branches. Requires the Comptroller General, within six months after the end of each fiscal year, to report to the Congress on the results of such audit.
United States · United States Congress · 6 February 1989
Comprehensive Health Care Improvement Act of 1989 - Title I: Qualified Health Insurance Plans - Part A: Definitions and Standards for Qualified Plans - Defines a "plan of health coverage" as any plan or combination of plans, including combinations of self-insurance, individual accident and health insurance policies, group accident and health insurance policies, coverage under a nonprofit health service plan, or coverage under a health maintenance organization (HMO) subscriber contract. Directs the Secretary of Health and Human Services to establish standards for qualified plans and procedures for the review and certification of plans of health coverage as qualified plans. Provides that a plan shall be certified as an "A" qualified plan if it meets State requirements and meets the following minimum standards: (1) the minimum benefits for a covered individual equal at least 80 percent of the covered expenses in excess of an annual deductible not exceeding $250 per person or $250 for each of two members of a covered family; (2) the coverage includes a limitation of $3,000 per person and $6,000 for a covered family on total annual out-of-pocket expenses for covered expenses; (3) the coverage is subject to a $1,000,000 maximum life-time benefit; and (4) the $3,000, $6,000, and $1,000,000 limitations are not subject to change or substitution by use of an actuarially equivalent benefit. States that covered expenses are the usual and customary charges of a physician or chiropractor. Lists covered and excluded services. Deems HMOs providing certain services to be providing an "A" qualified plan. Certifies as a "B" qualified plan a plan which meets the requirements of an "A" plan, except that the annual deductible does not exceed $1,000 per person. Directs the Secretary, to the extent feasible, to provide for the review and certification by the insurance commissioner of each State of qualified plans to be offered in the State. States that the sale of plans is in and affects interstate commerce and that, in order to properly regulate such sales, it is necessary to regulate such sales in intrastate, as well as interstate, commerce. Requires every plan of health coverage sold to be labelled as "qualified" or "nonqualified" on the front of the policy. Requires each advertisement or promotion for a plan to specify whether the plan is "qualified" or "nonqualified." Part B: Requiring Offering of Certain Qualified Plans - Requires each employer employing an average of ten or more employees annually to make available a plan or combination of plans of health coverage which: (1) has been certified as an "A" or supplemental plan; (2) is a qualified convertible plan; and (3) permits coverage of an employee's spouse and children. Defines a "qualified convertible plan" as a plan of health coverage which: (1) permits each enrolled individual to continue coverage for one year and then to convert the plan to any individual qualified plan without the addition of underwriting restrictions if, for any reason, the individual leaves the group; and (2) permits, in the case of the death of the individual in whose name the contract was issued, other individuals covered under the plan to continue coverage without the addition of underwriting restrictions. Sets forth civil penalties for noncompliance. Excludes from the term "employee," for purposes of this provision, certain new, part time, part year, young, bargaining unit, and nonresident alien employees. Part C: Offering of Comprehensive Health Insurance by States - Amends title XIX (Medicaid) of the Social Security Act to require the establishment and operation of a comprehensive health association in each State and a comprehensive health plan in each State, in accordance with this part of this Act. Defines a "comprehensive health insurance plan" to mean policies of insurance and contracts of HMO coverage offered by an association through the writing carrier in the State. Defines the "writing carrier" as the insurers and HMOs approved to administer the comprehensive health insurance plan. Provides that each State commissioner of insurance, consistent with any regulations the Secretary may promulgate: (1) may formulate general policies to advance the purposes of this title; (2) shall supervise the creation of the State comprehensive health association; (3) shall approve the selection of the writing carrier by the association in the State and approve the association's contract with the writing carrier, including the State plan coverage and premiums to be charged; (4) may appoint advisory committees with respect to implementation of this part; (5) shall conduct periodic audits to assure the general accuracy of the financial data submitted by the writing carrier and the association in the State; (6) shall contract with the Federal Government and may contract with any other unit of government to ensure coordination of the State plan of the association with other governmental assistance programs; (7) may undertake, directly or through contracts with other persons, studies or demonstration programs to develop awareness of the benefits provided under this Act, so that residents of the State may best avail themselves of the health care benefits provided hereunder; (8) may contract with insurers and others for administrative services; and (9) may adopt, amend, suspend, and repeal rules as reasonably necessary to carry out and make effective the provisions and purposes of this part. Requires each State to provide for the establishment of a comprehensive health association with membership consisting of all insurers, fraternal beneficiary associations, other entities offering health policies, and HMOs authorized or licensed to do business in the State. Exempts each association from State taxation. Provides for a board of directors of each association. Requires that all members of an association: (1) maintain their membership in the association as a condition of doing accident and health insurance, self-insurance, or HMO business in the State; and (2) enter into a reinsurance contract with the association as required by this part. Exempts members of an association, in the performance of their duties as members, from Federal and State antitrust laws. Authorizes each association to provide for the reinsuring of risks incurred as a result of issuing qualified plans by members of the association. Requires each member which elects to reinsure its risks to determine the categories of coverage it elects to reinsure in the association. Provides that the categories consist of: (1) individual qualified plans, excluding group conversions; (2) group conversions; (3) group qualified plans with fewer than 50 employees or members; and (4) major medical coverage. Requires each association through its comprehensive health insurance plan to offer: (1) policies which provide the benefits of "A" and "B" qualified plans; and (2) HMO contracts in those areas of the State where an HMO has agreed to make the coverage available and has been selected as a writing carrier. Requires the comprehensive health insurance plan for a State to be open for enrollment by individuals residing in the State, who can enroll by submitting a certificate of eligibility to the writing carrier which certifies the applicant's name, address, age, length of residence, dependents to be insured, and type of coverage desired. Provides that upon certification the individual can enroll in a State's comprehensive health insurance plan by payment of the State plan premium to the writing carrier. Requires each member of an association to share the claims expenses for approved plans and the operating and administrative expenses incurred by the association, pursuant to the terms of the individual reinsurance contracts executed by the association with each member. Sets forth a method to determine each member's share of expenses. Authorizes any member of an association in a State to submit for approval to the State commissioner the policies of accident and health insurance or the HMO contracts which are being proposed to serve in the comprehensive health insurance plan. Authorizes the association to select approved policies and a contract to be the comprehensive health insurance plan based upon the member's proven ability to handle large group accident and health insurance cases, claims paying capacity, and estimate of total charges for plan administration. Requires each writing carrier to: (1) perform all required administrative and claims payment functions; and (2) report monthly to the association and State commissioner. Exempts premiums received by a writing carrier for the comprehensive health insurance plan from State taxation. Requires each association in a State to disseminate information to State residents regarding the existence of the comprehensive health insurance plan and the means of enrollment. Requires each writing carrier to pay an agent's referral fee, in an amount to be determined by the association, to each insurance agent referring an applicant to the State comprehensive health insurance plan, if the application is accepted. Title II: Program of Assistance to States for Assisting Low-Income Individuals to Purchase Comprehensive Health Insurance - Comprehensive Health Insurance Assistance Act of 1989 - Adds a new title XXI to the Social Security Act entitled "Grants to States for Assistance to Low-Income Individuals in the Purchase of Comprehensive Health Insurance." Authorizes appropriations under title XXI to enable each State to provide assistance to low-income individuals in the purchase of comprehensive health insurance under title XXI. Specifies the amount authorized for each fiscal year. Requires the sums made available under this title to be used to make payments to States which have submitted, and have been approved by the Secretary, State plans for comprehensive health insurance assistance to low-income individuals. Directs the Secretary to pay each State with an approved plan, from the sums appropriated, an amount equal to 50 percent of the sums expended which are attributable either to assistance under the plan to low-income individuals or to plan administration. Prohibits such amount, during any quarter, from exceeding the product of $2.50 and the State's population. Requires a State plan for comprehensive health insurance assistance to low-income individuals, in order to be approved by the Secretary, to meet specified criteria. Title III: Program of Assistance to States for Assisting Individuals Who Incur Catastrophic Expenses for Health Care - Catastrophic Health Care Expenses Assistance Act of 1989 - Amends the Social Security Act to add a new title XXII entitled "Grants to States for Assistance to Individuals Incurring Catastrophic Expenses for Health Care." Authorizes appropriations for each fiscal year to enable each State to furnish medical assistance for catastrophic illness. Requires a State to have submitted and have approved by the Secretary a plan for medical assistance for catastrophic illness. Directs the Secretary to pay each State with an approved plan, from the sums appropriated, an amount equal to 50 percent of the sums expended which are attributable either to payments made under the plan to eligible individuals or to plan administration. Prohibits such amount, during any quarter, from exceeding the product of $0.625 and the State's population. Sets forth circumstances in which payment with respect to expenses is prohibited. Lists requirements for a State plan to be approved by the Secretary. Defines an "eligible individual" as an individual who incurs an obligation to pay, in a consecutive 12-month period, expenses (including dependent's expenses) exceeding the greater of $3,000 (or such lower amount as the State may establish) or 30 percent of household income up to $25,000, plus 40 percent of household income between $25,000 and $40,000, plus 50 percent of household income in excess of $40,000 (or such lower respective percentages of such incomes, or of such higher incomes as the State may establish).
United States · United States Congress · 6 February 1989
SSI Disabled and Blind Children Act of 1989 - Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act to require the Secretary of Health and Human Services to conduct an individualized assessment of a child's mental and physical impairments in determining his or her eligibility for SSI benefits by reason of disability or blindness. Establishes a presumption that a child under age four with a genetic or congenital impairment is disabled or blind for SSI purposes if it is probable that more accurate clinical and laboratory techniques would prove such to be the case. Directs the Secretary to publish, within 30 days of this Act's enactment, a revision of specified listings of mental and emotional disorders which justifies each deviation from recommendations contained in the Revised Childhood Listings of Mental Impairments submitted by the Mental Impairment Listings Workgroup to the Associate Commissioner for Disability on April 1, 1986. Requires the Secretary to: (1) consider age-appropriate medical and functional criteria developed by experts in childhood disability in reviewing and revising all childhood listings; and (2) publish a revised listings and explain deviations from the recommendations of experts within 18 months of this Act's enactment. Establishes a formula for determining the amount of parental resources deemed available to a disabled or blind child for SSI benefit and eligibility purposes. Excludes property which is essential to the self-support of an individual from his or her resources, but includes income from such property in such individuals earned income. Requires States to provide Medicaid coverage (under title XIX of the Act) for all SSI blind or disabled children.
United States · United States Congress · 2 February 1989
Family and Medical Leave Act of 1989 - Title I: General Requirements for Family Leave and Medical Leave - Entitles employees to family leave for specified periods in cases involving the birth, adoption, foster care, or serious health condition of a child or the serious health condition of a parent. Entitles employees to temporary medical leave for specified periods in cases involving inability to work because of a serious health condition. Sets forth conditions for certification for such types of leave. Provides that such leave may be without pay. Allows employees to substitute other types of paid leave to cover part of such leave period. Sets forth employment and benefits protections relating to such leave. Provides for administrative enforcement of this title by the Secretary of Labor, as well as enforcement by civil action. Requires employers to post notice of the pertinent provisions of this title. Title II: Family Leave and Temporary Medical Leave for Civil Service Employees - Amends specified Federal law to entitle civil service employees to family and temporary medical leave for specified periods. Provides that such leave will be without pay. Allows employees to substitute other types of paid leave for part of such leave. Provides for protection for job position and health insurance benefits of employees using such leave. Directs the Office of Personnel Management to prescribe regulations for administration of this title which are consistent with the regulations prescribed by the Secretary of Labor under title I of this Act. Title III: Commission on Family and Medical Leave - Establishes the Commission on Family and Medical Leave. Requires the Commission to report on its study of family and medical leave (which may include legislative recommendations concerning coverage of small businesses) to the Congress within two years after the Commission first meets. Terminates the Commission within 30 days after its final report. Title IV: Miscellaneous Provisions - Sets forth the effect of this Act on existing laws and existing employment benefits. Provides that nothing in this Act shall be construed to discourage employers from adopting more generous leave policies. Directs the Secretary of Labor to prescribe regulations to carry out title I of this Act within 60 days.
United States · United States Congress · 2 February 1989
California Desert Protection Act of 1989 - Title I: Wilderness Additions - Designates as additions to the National Wilderness Preservation System 81 wilderness areas within the California Desert Conservation Area (CDCA), the Yuma District, and the Bakersfield District of the Bureau of Land Management. States that non-designated areas within the CDCA have been adequately studied for inclusion in the System and are therefore released from otherwise applicable restrictions. Designates certain lands within the CDCA as the White Mountains Wilderness Study Area. Title II: Death Valley National Park - Establishes the Death Valley National Park which subsumes the Death Valley National Monument. Withdraws the additional lands from further exploitation under the mining laws. Requires the Secretary of the Interior (the Secretary) to determine the validity of any unpatented mining claims within such additional lands and whether the United States should acquire any mineral rights in such lands. Title III: Joshua Tree National Park - Establishes the Joshua Tree National Park which subsumes the Joshua Tree National Monument. Withdraws the additional lands from further exploitation under the mining laws. Requires the Secretary to determine the validity of any unpatented mining claims within such additional lands and whether the United States should acquire any mineral rights in such lands. Title IV: Mojave National Park - Establishes the Mojave National Park which subsumes the East Mojave National Scenic Area. Withdraws Federal lands within the Park from further exploitation under the mining laws. Requires the Secretary to determine the validity of any unpatented mining claims within the Park and whether the United States should acquire any mineral rights in such lands. Authorizes the Secretary to regulate mining in such Park. Allows grazing only to the extent allowed in current permits. Continues the validity of existing rights-of-way for specified activities. Directs the Secretary to prepare and report to the appropriate congressional committees, within three years, on a management plan for the Park. Designates the Granite Mountains Natural Reserve within the Park. Authorizes the Secretary to construct a visitors' center and acquire lands. Authorizes appropriations. Title V: National Park Wilderness - Designates as wilderness the Death Valley National Park Wilderness, the Joshua Tree National Park Wilderness Additions, and the Mojave National Park Wilderness. Title VI: Miscellaneous Provisions - Directs the Secretary to transfer Red Rock Canyon State Park Additions in the CDCA to California. Establishes the Desert Lily Sanctuary within the CDCA. Establishes the Indian Canyons National Historic Site. Authorizes the Secretary to exchange Federal mineral interests in lands in California for private mineral interests in wilderness areas and national parks designated by this Act. Directs the Secretary to insure nonexclusive access to such wilderness areas and parks by Indian people for traditional cultural and religious purposes. Title VII: Military Activities - Provides that nothing in this Act shall preclude, limit, or otherwise affect low level overflights of military aircraft in the California desert in the same location and degree as existed prior to enactment of this Act. Withdraws from appropriation under the public land laws and reserves for military use by the Secretary of the Navy specified lands in California known as the China Lake Naval Weapons Center in Inyo, Kern, and San Bernardino Counties and Chocolate Mountain in Imperial County. Requires the Secretary to manage such lands' nonmilitary uses, subject to closure by the Secretary of the Navy for security or safety purposes. Requires the Secretary to develop, within three years, a management plan for such lands. Requires the Secretary of the Navy to prevent and suppress brush and range fires with reimbursable assistance from the Bureau of Land Management. Requires the Secretaries to enter into a memorandum of understanding concerning the management plan which includes the provision of fire control assistance upon request. Requires the Secretary of Defense to notify the Secretary whenever withdrawn lands are being used for defense-related purposes other than those specified, including the effect of such different use. Authorizes the Secretary to delegate management responsibilities for China Lake to the Secretary of the Navy. Requires the Secretary of the Navy to report annually to the Secretary, who shall then report to the appropriate congressional committees on the status of natural and cultural resources on such withdrawn lands. Terminates land withdrawals under this Act 15 years after this Act's enactment. Requires the Secretary of the Navy to publish a draft environmental impact statement on the continued or renewed withdrawal of lands under this Act. Requires such Secretary to hold a public hearing in California before the withdrawal's termination. Requires the Secretary of the Navy to maintain a decontamination program for such lands during their withdrawal. Requires the Secretary to report annually to the appropriate congressional committees on such decontamination efforts. Requires the Secretary of the Navy to notify the Secretary, at least three years before the termination of the withdrawal, whether an extension is going to be requested and, if not, to what extent such lands are contaminated with hazardous materials. Requires the Secretary of the Navy to decontaminate relinquished lands, but if such decontamination is not practicable or economically feasible, authorizes the Secretary to refuse to accept such lands. Requires the Secretary of the Navy to then: (1) warn the public of risks of entry; (2) conduct only decontamination activities on such lands after the expiration of the withdrawal; and (3) report to the Secretary and the Congress on the status of such lands. Directs the Secretary to publish the acceptance of withdrawn lands, indicating when such lands will be open and under what conditions. Exempts the United States from liability for injuries or damages resulting from nonmilitary activity on withdrawn lands. Authorizes an extension of the Navy's use of the El Centro Ranges in Imperial County, California, through January 1, 1990, subject to resource protection requirements.
United States · United States Congress · 2 February 1989
Amends title XVIII (Medicare) of the Social Security Act to cover, on a reasonable charge basis, the services of a clinical psychologist which would otherwise be covered if furnished by a physician or as incident to a physician's service.
United States · United States Congress · 2 February 1989
Establishes the Medicare Geographical Classification Review Board to decide on a rural hospital's application for classification as an urban hospital for Medicare payment purposes. Amends the Omnibus Budget Reconciliation Act of 1987 to alter the Rural Health Care Transition Grant Program to extend and increase authorized appropriations for such program through FY 1992, and permit the Secretary to waive the hospital grant limit. Expands, from four to ten hospitals, a Medicare demonstration program covering additional costs incurred by teaching hospitals in sending their residents to rural hospitals for training. Requires the Secretary to establish five-year Medicare demonstration programs covering costs incurred by five hospitals in providing clinical training to undergraduate nurses. Extends the regional referral center classification of hospitals so classified as of September 30, 1989, and the payment rates applicable to such hospitals under the Medicare program, through FY 1994.
United States · United States Congress · 2 February 1989
Fastener Quality Assurance Act of 1989 - Prohibits the offering for sale or sale in interstate 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 or ordered by the purchaser; and (2) has been inspected, tested, and certified according to this Act. 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). Authorizes 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 to issue regulations to implement this Act. Prohibits any manufacturer from selling any primary container or lesser quantity of fasteners manufactured in the United States unless delivery to the first purchaser is accompanied by an original certificate from an accredited laboratory. Prohibits any person from selling any primary container or lesser quantity of fasteners manufactured outside the United States to any importer or end user unless delivery is accompanied by a certificate. 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 further sale or offer of sale unless delivery to the first subsequent purchaser is accompanied by an original certificate from an accredited laboratory. Requires that a copy of the original certificate be provided to subsequent wholesale purchasers. Requires persons who make material physical alterations to a fastener subsequent to manufacture to have the altered fastener inspected and tested before offering it for sale or selling it 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 primary container or other package. 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 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 the National Institute of Standards and Technology or any voluntary consensus standards organizations 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 · 2 February 1989
Social Security Administrative Reform Act of 1989 - Title I: Establishment of the Social Security Administration - Amends title VII (Administration) of the Social Security Act to establish as an independent executive agency a Social Security Administration, headed by a Social Security Board. Provides that it shall be the duty of the Administration to administer the programs established by titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVI (Supplemental Security Income) (SSI) of the Social Security Act. Requires the Board to study and make recommendations as to the most effective methods of providing economic security through social insurance and supplemental security income, and as to legislation and matters of administrative policy. Establishes in the Administration: (1) an Executive Director; (2) a Deputy Director of Social Security; (3) a General Counsel; (4) an Inspector General; and (5) an Office of the Beneficiary Ombudsman, to be headed by a Beneficiary Ombudsman who shall represent the interests of beneficiaries under the OASDI and SSI programs within the Administration. Requires the annual report of the Board to include a description of the activities of the Beneficiary 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 Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance 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. Requires the establishment of demonstration projects involving the delegation of authority from the Office of Personnel Management and the General Services Administration to the Board. 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 to be carried out by the Administration under this Act. Abolishes the position of Commissioner of Social Security in the Department of Health and Human Services. Title II: Conforming Amendments and Rules of Construction - Requires the Secretary 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 Secretary to study and make recommendations on the most effective methods of providing economic security and on the administrative policy for the programs. Directs the Board to appoint, quadrennially, an Advisory Council on the Old-Age, Survivors, and Disability Insurance Program and an Advisory Council on Health and Supplementary Medical Insurance to review the relation of the trust funds supporting the OASDI and Medicare programs and the long-term commitments of those programs. Requires each council to submit a report to the Board for transmittal to the Congress and the Board of Trustees of each Trust Fund.
United States · United States Congress · 2 February 1989
Amends the Rehabilitation Act of 1973 to authorize the Director of the National Institute on Disability and Rehabilitation to conduct a research program to finance development of advanced technology prosthetic and orthotic devices by Federal, State, and local government agencies and qualified private organizations. Requires such program to include research on: (1) the development of lower and upper limb devices; (2) useful applications of modern materials; and (3) new methods of utilizing body power. Directs the Secretary of Education to prescribe regulations for such program within 90 days. Authorizes appropriations for FY 1990 and 1991 for such research program. Requires that at least ten percent of such funds be used to make grants to providers of prosthetic and orthotic services who are approved under agreement with the Department of Veterans Affairs.
United States · United States Congress · 2 February 1989
Homeownership Assistance Act of 1989 - Amends the National Housing Act to create a special mortgage insurance program for first-time homebuyers. Defines "first-time homebuyer" as an individual who or whose spouse has not owned a principal residence during the 18 months prior to a Federal Housing Administration (FHA) insured home purchase. Authorizes downpayment reductions. Authorizes an FHA demonstration program to insure 100 percent of a home's value for a first-time homebuyer. Authorizes FHA to insure adjustable rate mortgages with annual interest rate increases of up to two percent (currently one percent). Repeals the aggregate annual limit. Amends the Federal National Mortgage Association Charter Act to provide for secondary market purchases of such downpayment mortgage loans. Amends the Deficit Reduction Act of 1984 to exempt such loans from specified offset debt collection provisions. Requires the Secretary of Housing and Urban Development to submit annual program reports to the Congress.
United States · United States Congress · 2 February 1989
Vietnam Veterans Post-Traumatic Stress Disorder Compensation Act - Creates a presumption of service-connection for disability purposes for veterans suffering from a post-traumatic stress disorder after serving in Southeast Asia during the Vietnam era.
United States · United States Congress · 2 February 1989
Community Revitalization Tax Act of 1989 - Amends Internal Revenue Code income tax accounting rules to treat rehabilitation investment credits and low-income housing credits as credits not derived from passive activities. Revises the limitation on the general business credit to allow a maximum annual credit equal to the first $20,000 of an individual taxpayer's income tax liability plus 80 percent of any excess liability.
United States · United States Congress · 2 February 1989
Extends regards to the people of France on the occasion of the bicentennial of Bastille Day. Urges the people of the United States to observe the bicentennial on July 14, 1989. Finds that France and the United States remain committed to the principles of the Declaration of the Rights of Man and of the Citizen and the Bill of Rights.
United States · United States Congress · 31 January 1989
American Conservation and Youth Service Corps Act of 1989 - Title I: American Conservation Corps - Establishes the American Conservation Corps (ACC), to be administered by Federal agencies and through a State grant component. Directs the Secretaries of the Interior and of Agriculture to establish the Federal component of the ACC within their agencies to administer programs on Federal lands. Encourages Federal agencies to enter into program agreements with program agencies, local governments, and nonprofit organizations. Directs the Secretary of the Interior to establish a program of grants to States to administer the State component of the ACC involving work on non-Federal public lands and waters. Directs each Governor to designate a State program agency. Authorizes any local government to establish a program agency to carry out the State component within its political subdivision if the State program agency has not been designated at the commencement of a fiscal year. Requires States carrying out such programs to provide mechanisms for participation by local governments and nonprofit organizations. Authorizes the ACC to carry out conservation, rehabilitation, and improvement projects relating to: (1) wildlife habitat, rangelands, parks, recreational areas; (2) urban revitalization and historical and cultural sites; (3) fish and fisheries; (4) roads and trails; (5) erosion, floods, droughts, and storm damage assistance and control; (6) streams, lakes, waterfront harbors, and ports; (7) wetlands protection and pollution control; (8) insect, disease, rodent, and fire prevention and control; (9) improvement of abandoned railroad beds and rights-of-way; (10) energy conservation, renewable resources, and biomass recovery; (11) reclamation and improvement of strip-mined land; and (12) forestry, nursery, and cultural operations. Limits such projects to those on public lands or Indian lands, except where the administering Secretary determines that a project involving other lands will provide a public benefit. Encourages any land or water conservation or related program administered in any State under authority of any Federal program to use ACC services. Title II: Youth Service Corps - Requires the Director of the ACTION Agency to appoint an Assistant Director to make grants for youth service projects to eligible public and private nonprofit agencies, and to otherwise administer Youth Service Corps (YSC) programs under this title. Provides for designation of specific activities as eligible service categories if: (1) they are of substantial social benefit in meeting unmet human, social (especially poverty-related), or environmental needs in a community; (2) they will not interfere unreasonably with employment availability and terms of employees of sponsoring organizations; and (3) participants are qualified for such activities. Allows such service categories to include service in: (1) State, local, and regional governmental agencies; (2) nursing homes, hospices, senior centers, hospitals, local libraries, parks, recreational facilities, day care centers, and schools; (3) law enforcement, penal, and probation agencies; (4) private nonprofit social services organizations; (5) rehabilitation or improvement of public facilities or neighborhoods, literacy programs, weatherization and repair of low-income housing, energy conservation (including solar energy), removal of public facility architectural barriers to the handicapped, and conservation, maintenance, or restoration of natural resources on publicly held lands; and (6) any other nonpartisan civic activities and services determined appropriate by the Assistant Director. Prohibits such service categories from including any position in any: (1) business organized for profit; (2) labor union; (3) partisan political organization; (4) religious organization, unless the position does not involve any religious functions; or (5) domestic or personal service organization. Title III: Youth Skills Enhancement - Requires the administering Secretary or the Assistant Director (as the case may be) to provide guidance and assistance to States in securing certification of training skills or academic credit for competencies developed under this Act. Directs each program agency to: (1) maintain or enhance, through programs and projects under this Act, the educational skills of program enrollees; (2) assess an entering enrollee's educational level; (3) use at least ten percent of program funds to provide in-service training and educational materials and services for enrollees and persons serving in such projects; and (4) use at least ten percent of program funds for post-service education and training assistance. Directs appropriate State and local officials to certify standards and procedures for awarding academic credit and certifying educational attainment in such programs. Requires such standards and procedures to specify that any person serving in a program or project under this Act: (1) who is not a high school graduate shall participate in an educational component progressing toward a high school diploma or its equivalent; and (2) may arrange to receive academic credit in recognition of learning and skills obtained from service satisfactorily completed. Title IV: Administrative Provisions - Sets forth: (1) requirements for award of grants to eligible entities, including matching requirements and limitations on use of funds; and (2) provisions for approval of applications and supervision of programs. Limits enrollment in the ACC and YSC to individuals who, at the time of enrollment, are: (1) 16 through 25 years old; and (2) U.S. citizens or nationals or lawful permanent resident aliens. Requires that special efforts be made to recruit individuals who are economically, socially, physically, and educationally disadvantaged. Prohibits acceptance for service of any person without a high school diploma or equivalent, unless that person has not been enrolled as a high school student during the three months before the acceptance date. Limits individual enrollment to a total of 24 months. Prohibits individuals (except special members) from remaining enrolled after attaining age 26. Prohibits any enrollee from performing services on any project for more than a six-month period. Requires the State job training coordinating council to appoint an advisory board for oversight and review of projects under this Act. Authorizes appropriations for FY 1990 and succeeding fiscal years to carry out this Act. Title V: Commission on National Service Opportunities - Establishes the Commission on National Service Opportunities to study: (1) opportunities for young people to perform voluntary national service; and (2) the effect on Federal and other employees of improving the quality and expanding the number of such opportunities. Requires the Commission's final report and recommendations to be transmitted to the President and the Congress within 15 months after its first meeting. Requires each executive department and agency affected by such report to submit to the President recommendations for implementing it. Directs the President, within 90 days after the Commission's final report is transmitted to the Congress, to transmit an interim report to the Congress on: (1) the desirability, feasibility, and cost of implementing the Commission's recommendations, and the actions taken or planned with respect to that implementation; and (2) recommendations on legislation needed for implementation. Directs the President to transmit a final report, within 90 days after such interim report, detailing any implementing actions taken and any further recommendations. Terminates the Commission 180 days after its final report.
United States · United States Congress · 31 January 1989
National Observance Advisory Act - Establishes the President's Advisory Commission on National Observances to: (1) establish criteria for recommending to the President that a proposed national observance be approved or disapproved; (2) review proposals for national observances submitted in accordance with procedures published by the Commission; and (3) issue recommendations to the President concerning each proposal reviewed.
United States · United States Congress · 31 January 1989
Northern Ireland Fair Employment Practices Act - Prohibits an article from being imported into the United States from Northern Ireland unless documentation is presented at the time of entry indicating that the enterprise which manufactured or assembled such article complied at the time of manufacture with certain fair employment principles (such as freedom from religious discrimination). Bases such principles on the MacBride Principles, a nine point set of guidelines for fair employment in Northern Ireland. Requires any U.S. person who has a branch or office in Northern Ireland or who controls an enterprise in Northern Ireland in which more than 20 people are employed to insure implementation of such employment principles and compliance with this Act. Requires reports to the Secretary of Commerce on compliance with this Act. Sets forth the fair employment principles. Authorizes the President to waive the requirements of this Act in the interest of national security. Requires such waiver to become effective 90 days after the President submits a justification of such waiver to the Congress unless the Congress adopts a joint resolution disapproving the waiver. Provides for expedited consideration of such resolution.
United States · United States Congress · 31 January 1989
Directs the Secretary of Commerce to adjust census figures as necessary so that illegal aliens are not counted for purposes of the apportionment of Representatives in the Congress.
United States · United States Congress · 31 January 1989
Amends the Internal Revenue Code to allow an income tax deduction for interest on any indebtedness incurred to pay the educational expenses of the taxpayer, spouse, or dependent. (Under current law, such a loan must be secured by an interest in real property.)
United States · United States Congress · 31 January 1989
Protect Medicare 90 Concurrent Resolution - Expresses the sense of the Congress that Medicare (title XVIII of the Social Security Act) hospital payments for FY 1990 should not be reduced below levels set by current law for such fiscal year.
United States · United States Congress · 27 January 1989
Merchant Mariner Memorial Act of 1989 - Authorizes the Secretary of Transportation to convey the right, title, and interest of the United States in vessels of a specified minimum displacement tonnage in the National Defense Reserve Fleet to each group, not to exceed three such groups, of nonprofit organizations for use in funding merchant marine memorials, provided the vessels have no usefulness to the Government and are scheduled to be scrapped and the organizations agree to sell the vessels for scrap, divide the proceeds, and use them for the memorial. Requires organizations to have raised a minimum amount from non-Federal sources before enactment of this Act in order to participate in the sale. Limits an organization to one grant under this Act. Terminates this Act two years after enactment.
United States · United States Congress · 27 January 1989
Fire Safe Cigarette Implementation Act of 1989 - Reestablishes the Interagency Committee on Cigarette and Little Cigar Fire Safety to oversee the work of the Implementation Task Force. Establishes an Implementation Task Force to continue the work specified by the Cigarette Safety Act of 1984, including: (1) development of a validated test method to determine the ignition propensity of cigarettes and little cigars when in contact with upholstered furniture or mattresses; (2) development of performance data for current cigarettes, using the validated test method, so as to compare future cigarette performance; (3) study and computer modeling of ignition physics relating to cigarettes, little cigars, soft furnishings, and fabrics; (4) collection of data regarding the characteristics of cigarettes and little cigars, products ignited, and smokers involved in smoking-related fires as well as changes in the composition of smoke from modified cigarettes and little cigars, and societal costs from smoking-related fire injuries; and (5) commercial feasibility and economic impact of cigarettes and little cigars having reduced ignition propensity. Protects the confidentiality of trade secrets and confidential information provided to the Interagency Committee or the Task Force. Sets forth reporting requirements. Terminates the Task Force within three years and three months of this Act's enactment.
United States · United States Congress · 27 January 1989
Chemical and Biological Weapons Control Act of 1989 - Requires the imposition of certain sanctions against any foreign country which uses chemical or biological weapons in violation of international law or against its own citizens. Specifies such sanctions as: (1) a prohibition against the sale or export to any such country of any item on the U.S. Munitions List; (2) a prohibition against the exportation to any such country of any goods or technology listed on the control list established pursuant to the Export Administration Act of 1979; (3) U.S. opposition to any loan or financial or technical assistance to any such country by international financial institutions; (4) a prohibition against U.S. military or economic assistance to the sanctioned country; (5) a prohibition against the importation of any goods or services from any such country; (6) a prohibition against credit or credit guarantees through the Export-Import Bank of the United States; (7) a prohibition against U.S. banks making any loan or providing any credit to any such country; and (8) a denial of landing rights in the United States to any airline owned by the government of any such country. Authorizes the President to waive any of such sanctions for a period not to exceed nine months upon a determination that such a waiver would be in the national interest. Requires the President to notify the Congress of the imposition of such sanctions not later than five days after such sanctions become effective. Provides for the removal of such sanctions after specified conditions are met. Provides for the sanctity of contracts entered into prior to the date on which Congress is notified of the imposition of sanctions. Requires the President to report to the Congress every 180 days on: (1) efforts by Iran, Iraq, Libya, Syria, and other developing nations to acquire materials and technology to produce and deliver chemical and biological weapons; and (2) an assessment of such countries' present and future capability to produce and deliver such weapons. Urges the President to cooperate in multilateral efforts to control chemical and biological weapons and to give full support to United Nations involvement in such efforts.
United States · United States Congress · 27 January 1989
Community and Jobs Protection Act of 1989 - Requires each corporation involved in a proposed merger to file a community impact statement if: (1) a premerger notification is required under the Clayton Act; and (2) the merger will result in a loss of jobs in any jurisdiction for more than 100 employees of an establishment of one of the corporations involved. Requires the statement to be submitted to the Federal Trade Commission (FTC), the Department of Justice, the employees of each corporation involved and representatives of their labor unions, and the local governments of the areas where establishments of such corporations are located on the same day that the premerger notification is filed under the Clayton Act. Directs the FTC, if it receives a request within a specified period from such a local government or from ten percent of the employees of one of the corporations, to hold public hearings on and investigate the statement to determine: (1) the economic reasons for any proposed reduction in employment; (2) the estimated economic losses to employees, the local government, and persons in the geographic area of the establishment; and (3) recommendations of any local government, any employee labor union, or any other person respecting the proposed merger. Directs the FTC to publish a report containing the findings of the investigation and recommendations as to whether legal action should be taken to halt the merger. Amends the Internal Revenue Code to disallow a tax deduction for interest on obligations issued to finance a corporate merger that the FTC finds will adversely affect employment in any jurisdiction.
United States · United States Congress · 27 January 1989
In-Flight Emergency Medical Assistance Act - Exempts from liability for damages, except in cases of gross negligence, any physician who, in good faith, provides emergency medical care to a person: (1) aboard an aircraft for a regularly scheduled commercial flight; or (2) being transported from the aircraft to a medical facility for treatment.
United States · United States Congress · 27 January 1989
Amends the Motor Vehicle Information and Cost Savings Act to mandate that businesses engaged in passenger motor vehicle repair provide to the vehicle owner written identification regarding the manufacturer of the parts proposed to be installed.
United States · United States Congress · 27 January 1989
Amends the Internal Revenue Code and title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to increase from $100 to $500 the payment that may be made in a calendar year to an election official or election worker for services before liability for the hospital insurance tax is incurred.
United States · United States Congress · 27 January 1989
Extends the regional referral center classification of hospitals so classified as of September 30, 1989, and the payment rates applicable to such hospitals under title XVIII (Medicare) of the Social Security Act through FY 1994.