United States · United States Congress · 22 February 1989
Provides for all Federal civilian and military retirees to receive the full cost-of-living adjustment in annuities payable under Federal retirement systems for FY 1990. (Includes benefits payable under the Civil Service Retirement and Disability System, military retirement and survivor benefit programs, the Foreign Service Retirement and Disability System, the Central Intelligence Agency Retirement and Disability System, and railroad retirement programs.)
United States · United States Congress · 22 February 1989
Amends Federal law to extend the immediate retirement provisions applicable to Federal law enforcement officers to: (1) revenue officers for the Internal Revenue Service; (2) customs inspectors for the U.S. Customs Service; (3) customs canine enforcement officers for the U.S. Customs Service; and (4) inspectors for the Immigration and Naturalization Service.
United States · United States Congress · 22 February 1989
Low Income Housing Preservation Act of 1989 - Authorizes the Secretary of Housing and Urban Development to make grants to States to purchase and maintain eligible low-income housing. Authorizes FY 1989 through 1991 appropriations.
United States · United States Congress · 22 February 1989
Amends the Congressional Budget and Impoundment Control Act of 1974 to exclude, beginning with FY 1990, Federal Old-Age and Survivors Insurance Trust Fund and Federal Disability Insurance Trust Fund receipts and outlays in Federal deficit determinations for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
United States · United States Congress · 9 February 1989
Family Planning Reauthorization Act of 1989 - Amends the Public Health Service Act to authorize appropriations for FY 1990 through 1993 for projects, training, and information and materials related to family planning.
United States · United States Congress · 9 February 1989
Federal Employee Discrimination Complaint Procedures Act of 1989 - Amends the Civil Rights Act of 1964 to revise provisions dealing with procedures for handling allegations of employment discrimination engaged in by an entity of the Federal Government. Directs the Equal Employment Opportunity Commission to require each Federal Government entity to try to resolve allegations of discrimination by consulting with the individuals making the allegation. Requires the Commission to notify and make an investigation of the Federal entity which is alleged to have engaged in discrimination. Requires the charge filed to be in writing under oath or affirmation and specifies its contents and filing deadline. Authorizes the Commission to bring a civil action for temporary or preliminary relief. Requires the Commission to determine whether reasonable cause exists not later than 90 days after a charge is filed and to notify the parties of the determination. Requires the Commission, if it finds reasonable cause, to use informal methods of conference, conciliation, and persuasion. Allows the aggrieved individual, if the Commission does not make a determination within the time limit or if the Commission finds reasonable cause but a conciliation acceptable to the individual is not agreed to within 120 days of filing the charge, to: (1) request that the charge be adjudicated by an administrative law judge of the Commission; or (2) commence a civil action in U.S. district court. Requires the Commission, if it finds no reasonable cause, to dismiss the charge. Allows the aggrieved individual, in such case, to commence a civil action in U.S. district court. Provides for standards and procedures regarding the determination of whether there is reasonable cause to believe a charge is true. Applies provisions of Federal law governing adjudications under administrative procedure to adjudications by an administrative law judge of the Commission. Sets time limits for appointing such judge, concluding the hearing, and determining the charge. Provides for issuance of subpoenas. Requires the administrative law judge, if the charge is true by a preponderance of the evidence, to issue an order to cease and desist, to take affirmative action, and to provide other relief. Allows a party aggrieved by the judge's order to appeal to the Commission and requires that the Commission affirm, reverse, or modify the order not later than 90 days after appeal. Allows an individual aggrieved by an order or a determination or by the failure of the Commission to act on an appeal to commence a civil action for judicial review in a U.S. court of appeals. Authorizes the Commission to commence a civil action in a U.S. court of appeals to enforce an order of an administrative law judge or of the Commission. Empowers the Commission, in order to enforce such an order, to order that any employee charged with complying with such order not be paid for service as an employee until the order has been complied with. Sets forth rules with regard to review by the court of appeals. Confers jurisdiction of actions on U.S. district courts, subject to exception. Authorizes the court, on finding unlawful discrimination, to issue injunctions, order affirmative action (including reinstatement or hiring, with or without back pay), or order other equitable relief. Limits back pay to two years. Declares that specified provisions of Federal law relating to the jurisdiction of courts in matters affecting employers and employees shall not apply to actions commenced under the provisions amended by this Act. Makes applicable to such actions provisions governing appeals of final decisions and interlocutory decisions. Authorizes the court to allow the prevailing party, other than the Commission or a Federal entity (including the head of the entity), a reasonable attorney's fee. Provides for the payment of interest on any monetary relief awarded. Makes provisions amended by this Act, as in effect prior to the effective date of this Act, applicable to employment at the Library of Congress. Gives attorneys appointed under existing provisions of the Civil Rights Act of 1964 the authority to appear for and represent the Commission in court cases against a Federal entity, notwithstanding provisions relating to the Attorney General and to the General Counsel of the Commission. Provides for the transfer to the Commission of civilian personnel who are employed by a Federal entity to investigate, or recommend the disposition of discrimination charges against, a Federal entity. Declares that the amendments made by this Act shall not be construed to supersede or modify specified provisions of Federal law relating to grievance procedures as covered in collective bargaining agreements.
United States · United States Congress · 9 February 1989
Postal Reorganization Act Amendments of 1989 - Declares that the receipts and disbursements of the Postal Service Fund: (1) shall not be included in the totals of the Federal budget or the congressional budget; (2) shall be exempt from Federal budget limitations on expenditures and net lending; and (3) shall be exempt from any sequestration order under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) and shall not be counted for purposes of calculating the Federal deficit.
United States · United States Congress · 9 February 1989
Jesse Gray Housing Act - Amends the United States Housing Act of 1937 to direct the Secretary of Housing and Urban Development to carry out a program to construct new public housing units. Authorizes FY 1989 through 1998 appropriations. Requires the Secretary to make financial assistance available for public housing projects, especially those likely to be disposed of or demolished. Increases annually the aggregate amount of contract budget authority for such purposes through FY 1998. Prohibits the Secretary from approving a project demolition application. Requires public housing agencies to carry out job training and employment programs in connection with certain housing construction and revitalization projects. Gives program participation preference to housing residents. Reduces lower income rent contribution amounts under the National Housing Act, the United States Housing Act of 1937, the Housing Act of 1949, the Housing and Urban Development Act of 1965, and the Housing and Urban-Rural Recovery Act of 1983. Excludes welfare or social security cost-of-living adjustments from such adjusted income determinations. Directs the Secretary to submit to the Congress a comprehensive report concerning proposed limitations on Federal housing assistance.
United States · United States Congress · 9 February 1989
Amends title IV (National Research Institutes) of the Public Health Service Act to require the Director of the National Center for Nursing Research to acquire, construct, improve, or repair laboratories and other research facilities to increase the capacity of institutions of higher education to conduct nursing research. Authorizes the Secretary of Health and Human Services to make grants and enter into contracts for such purposes. Requires the Director, from amounts appropriated under this Act, to reserve 15 percent to carry out such purposes through grants to, and contracts with, institutions that received less than an aggregate of a specified amount in Federal financial assistance for research and development in the preceding two fiscal years. Requires matching funds, in cash or in kind, from non-Federal sources. Directs the Secretary to require technical and scientific peer review of applications for grants and contracts. Authorizes appropriations for FY 1990 through 1992.
United States · United States Congress · 9 February 1989
Authorizes the Secretary of Transportation to approve projects within urbanized areas with populations of 50,000 or more for expanding the capacity of open-to-traffic routes on the Interstate Highway System, including construction of noise barriers, acquisition of right-of-ways for future construction of mass transit facilities, and acquisition of land for construction of parking lots. Sets forth a formula for apportionment of highway funds for such projects. Specifies: (1) the period of availability of funds apportioned to a State for Interstate System capacity expansion; (2) conditions that must be met in order to use lapsed funds for discretionary projects; and (3) the Federal share (80 percent) of any such expansion projects. Authorizes appropriations for FY 1993 through 1996.
United States · United States Congress · 9 February 1989
Low-Income Housing Revitalization Act - Amends Internal Revenue Code (IRC) provisions relating to the low-income housing credit to: (1) increase the credit from four percent to nine percent with respect to new buildings that are federally subsidized; (2) reallocate unused credit amounts among other States for their housing credit agencies; and (3) permit carryover to the succeeding year of a housing credit amount, if it is reasonably likely that the building will be put into service then. Extends the low-income housing credit through 1991. Amends IRC accounting provisions to exempt low-income housing credit activities from limitations on passive losses. Revises the accelerated cost recovery system in connection with low-income residential rental property to reduce the applicable recovery period from 27.5 to 20 years. Disallows an income tax deduction for any expense relating to residential rental units that violate State or local building, health, or safety codes and are not brought into compliance. Requires the regulatory agency that notifies a taxpayer of the substandard conditions to file an information return with respect to affected taxpayers. Excludes deductions for business expenses, interest on indebtedness, and taxes from calculations to determine the passive loss limitation in connection with rental real estate activity relating to a qualified low-income housing project in which a noncorporate taxpayer actively or materially participates.
United States · United States Congress · 9 February 1989
Authorizes the Alpha Phi Alpha Fraternity to establish a monument on Federal land in the District of Columbia to honor Martin Luther King, Jr. Excepts such monument from the prohibition on the construction of works commemorating individuals who have died within 25 years. Provides that U.S. funds may not be used to establish the monument.
United States · United States Congress · 7 February 1989
Public Housing Gateway Act of 1989 - Authorizes the Secretary of Labor (the Secretary) to make gateway program grants to public housing agencies to use public housing in the provision of employment training and services to economically disadvantaged public housing residents who are not more than 25 years of age. Requires that such grants be made with the advice and participation of the Gateway Task Force established under this Act. Requires public housing agencies to make the following training and services available to eligible individuals through the gateway program they must establish when they receive such a grant: (1) information on training, education, or services offered by the agency; (2) literacy training and bilingual training; (3) remedial education and training in basic skills (including communication skills, arithmetic, and problem-solving); (4) development of work habits and other personal management skills; and (5) free child care to facilitate participation in training and other services. Specifies additional training and services which may be offered to eligible individuals who are qualified through literacy training, training in basic and employment skills, and support services. Requires participants in gateway program training and services to be: (1) residents of public housing; (2) not more than 25 years of age; (3) economically disadvantaged; and (4) educationally disadvantaged. Limits mandatory child care services to: (1) participants in gateway program training or services during participation; (2) unemployed former participants who have successfully completed the program, for a specified period; and (3) employed former participants who have successfully completed the program, for a specified period. Permits support services to continue for up to 18 months to any individual after termination of participation in program training or services only if the individual has completed the training or services. Requires public housing agencies receiving such grants to attempt to employ in the gateway programs qualified residents of the public housing project involved. Prohibits consideration of earnings of and benefits to any individual resulting from participation in gateway training and services as income for public assistance or rent limitation purposes during specified periods of participation or post-participation employment. Provides that the use of the facilities of a recipient public housing agency in the provision of gateway training or services shall have no effect on the amount of operating assistance to such agency under the United States Housing Act. Establishes an interagency Gateway Task Force (the Task Force) to advise and assist the Secretary in carrying out this Act. Directs the Secretary to provide the Task Force with necessary information and facilities. Directs the Secretaries of Labor, Housing and Urban Development, Education, and Health and Human Services to each appoint members of the Task Force. Terminates the Task Force five years after its first regularly called meeting. Directs the Secretary to review at least annually compliance with this Act by public housing agencies receiving gateway program grants. Directs the Task Force to review gateway programs at least annually to determine their merits in enhancing the employability of public housing residents, and report its recommendations to the Secretary. Sets forth procedures for withholding grant payments in cases of agency noncompliance. Directs the Secretary to transmit to the President and the Congress: (1) annual reports on Task Force activities and recommendations; and (2) a final report, by the date of Task Force termination, on Task Force findings, conclusions, and recommendations. Authorizes appropriations for FY 1990.
United States · United States Congress · 7 February 1989
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
Expresses the sense of the Congress that the U.S. Government should reassess current policy and pursue a negotiated settlement to the civil war in El Salvador.
United States · United States Congress · 6 February 1989
SSI Benefit Improvement Amendments of 1989 - Title I: Provisions to Increase SSI Benefit Standards and Changes in Treatment of Certain In-Kind Income - Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act to gradually increase SSI benefits so that they are set at the Department of Health and Human Services' Federal Poverty Income Guidelines on and after January 1, 1992. Reduces the SSI benefits payable to a person living in another's household and receiving support and maintenance in kind by the amount of such support and maintenance if it is less than the one-third benefit reduction currently applicable. Eliminates the application of such benefit reduction to persons who pay a reasonable portion of household expenses. Treats an individual who becomes ineligible for SSI benefits by reason of his or her receipt of support or maintenance in kind as continuing to receive SSI benefits for Medicaid (title XIX of the Act) eligibility purposes. Requires the Secretary of Health and Human Services to notify individuals who have lost their SSI eligibility in such manner after 1983 of their possible eligibility for Medicaid benefits. Title II: Increases in SSI Resource Limits - Raises SSI resource eligibility limits. Directs the Secretary to annually notify SSI applicants and recipients of the resource limits in effect for the year. Title III: Establishment of Permanent SSI Outreach Program - Requires the Secretary to establish and conduct an SSI outreach program for: (1) low-income aged, blind, and disabled individuals who are not receiving SSI benefits; and (2) children who are potential SSI beneficiaries by reason of disability or blindness. Directs the Secretary to conduct an evaluation program and annually report to the Congress on the effectiveness of such outreach programs.
United States · United States Congress · 6 February 1989
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
Medicaid Community and Facility Habilitation Services Amendments of 1989 - Title I: Community Habilitation and Supportive Services - Amends title XIX (Medicaid) of the Social Security Act to authorize States to cover community habilitation and supportive services for individuals with mental retardation or related conditions without regard to whether or not such individuals have been discharged from a nursing or habilitation facility. Defines community habilitation and supportive services as services which assist individuals in developing and maintaining the skills necessary to function successfully in a home or community-based setting. Requires that community habilitation and supportive services be provided to each client in accordance with an individual service plan prepared and periodically reviewed and revised by an interdisciplinary team on the basis of a comprehensive functional assessment of a client's needs conducted before his or her receipt of services and at least annually thereafter. Requires that such services meet minimum requirements, to be developed by the Secretary of Health and Human Services, regarding client rights and service quality. Makes the requirements imposed on habilitation facilities (under title II of this Act) regarding patient's rights and facility safety and sanitation applicable to residential settings in which community habilitation and supportive services are provided. Requires that residential settings: (1) disclose persons having an ownership or control interest in the setting; and (2) exclude a person from such interest if he or she has been excluded from the Medicaid program or had an interest in a residential setting repeatedly found to have provided substandard care. Requires a habilitation facility which converts to a residential setting to continue to provide continuous active treatment to residents who required such treatment at the time of conversion. Requires a residential setting to document a client's receipt of medical services. Makes the: (1) Secretary responsible for certifying that State providers of community habilitation and supportive services and residential settings in which such services are provided comply with Medicaid requirements; and (2) States responsible for certifying that other providers of and residential settings for such services comply with Medicaid requirements. Requires each State to: (1) conduct periodic educational programs for the staff and clients in residential settings for community habilitation and supportive services regarding requirements imposed on such setting; and (2) provide, through the State agency responsible for the certification of such providers and residential settings, for the receipt, review, and investigation of allegations of client neglect and abuse and of misappropriation of client property by providers. Requires that such providers and settings be certified annually. Bases residential setting certification on an annual, unannounced survey. Directs the Secretary to: (1) develop a protocol for conducting surveys; and (2) conduct sample surveys of residential settings, within two months of State surveys, to test the adequacy of State surveys. Authorizes the Secretary to conduct a special survey of a setting or a review of the provider when there is reason to question its compliance with this Act. Prohibits the use of surveyors who have an interest in the provider or setting being surveyed or have not completed a training and testing program approved by the Secretary. Requires States and the Secretary to investigate complaints against providers or settings concerning violations of this Act's requirements. Requires that: (1) certain information regarding providers and settings and their compliance with this Act's requirements be made available to the public; and (2) the State agency responsible for the protection and advocacy system for the developmentally disabled and the guardians of clients be notified of a provider's or setting's noncompliance with this Act's requirements. Gives State Medicaid fraud and abuse control units access to provider or setting survey and certification information. Requires that when the Secretary or State determines that a provider's or setting's deficiencies immediately jeopardize the client's health and safety, immediate action be taken to remove the jeopardy and correct the deficiencies or the provider's or setting's participation in Medicaid be terminated. Directs the Secretary and States to apply certain other remedies where the health and safety of clients are not immediately jeopardized. Requires the imposition of civil money penalties against providers and settings which are, or are found to have been, out of compliance with any of this Act's requirements. Sets forth the Secretary's responsibilities relating to community habilitation and supportive service requirements. Eliminates the restriction of the Medicaid waiver for community habilitation services to individuals who have been discharged from a skilled nursing or intermediate care facility. Directs the Secretary to report to the Congress annually on the extent to which providers and residential settings are complying with this Act's requirements and the number and type of enforcement actions taken by the Secretary and the States. Title II: Quality Assurance for Habilitation Facility Services - Defines a "habilitation facility" as an institution primarily engaged in providing health or habilitation services to individuals with mental retardation or related conditions and not primarily for the care and treatment of mental diseases. Sets forth requirements for habilitation facilities, including requirements that such facilities: (1) promote maintenance or enhancement of the quality of life, independence, productivity, and integration into the community of each client; (2) provide continuous active treatment which is coordinated and monitored by a qualified mental retardation professional; (3) provide such treatment in accordance with an individual program plan prepared and periodically reviewed and revised by an interdisciplinary team of professionals on the basis of an assessment of a client's developmental and behavioral management needs conducted upon the client's admission and at least annually thereafter; (4) not admit any new client with mental retardation or a related condition on or after January 1, 1991, unless the State mental retardation or developmental disability authority has determined on the basis of an evaluation performed independently of the facility that the individual requires habilitation facility services; (5) provide physician services 24 hours a day, annual physical examinations, licensed nursing services, comprehensive dental diagnostic and treatment services, routine and emergency drugs and biologicals, professional program services to implement each client's active treatment plan, and meal services; (6) require a physician's supervision of each patient's care, have a physician available to furnish emergency medical care, and maintain clinical records on all clients; (7) protect specified client rights, including the right to appeal a transfer or discharge and receive post-discharge preparation and planning services; (8) provide applicants and residents with information regarding the Medicaid program and not require applicants to waive their rights to such benefits or have a third party guarantee payment to the facility as a condition of their admission; (9) protect a client's personal funds upon the client's authorization and teach clients to manage their funds to the extent of their capabilities; (10) adopt certain measures to preserve facility safety and sanitation; and (11) meet such other conditions which the Secretary of Health and Human Services deems necessary for client health and safety. Sets forth the Secretary's responsibilities relating to habilitation facility requirements. Makes the Secretary responsible for certifying that State habilitation facilities comply, and States responsible for certifying that other habilitation facilities comply, with Medicaid habilitation facility requirements. Requires each State to: (1) conduct periodic educational programs for habilitation facility staff and clients regarding the requirements imposed on such facilities; and (2) provide, through the State agency responsible for the certification of habilitation facilities, for the receipt, review, and investigation of allegations of client neglect and abuse and of misappropriation of client property by facility staff. Bases habilitation facility certification on an annual, unannounced survey. Directs the Secretary to: (1) develop and test a protocol for conducting surveys; (2) establish minimum qualifications for surveyors and train them in survey and certification techniques; and (3) conduct sample surveys of habilitation facilities, within two months of State surveys, to test the adequacy of State surveys, and reduce Federal payments for State Medicaid administrative costs if such State surveys prove inadequate. Authorizes the Secretary to conduct a special survey of a facility when there is reason to question its compliance with this Act. Requires States and the Secretary to investigate complaints against a facility and monitor the compliance of a facility with this Act's requirements if the facility was previously found out of compliance or the State or Secretary has reason to question its compliance. Requires that: (1) certain information regarding habilitation facilities and their compliance with this Act's requirements be made available to the public; (2) the State agency responsible for the protection and advocacy system for the developmentally disabled and the guardians of facility clients be notified of a facility's noncompliance with this Act's requirements; and (3) survey results be posted in a place that is readily assessible to clients. Gives State Medicaid fraud and abuse control units access to facility survey and certification information. Requires that when the Secretary or a State determines that a habilitation facility's deficiencies immediately jeopardize residents' health and safety, immediate action be taken to remove the jeopardy and correct the deficiencies or such facility's participation in Medicaid be terminated. Directs the Secretary and States to apply certain other remedies where the health and safety of facility residents are not immediately jeopardized. Authorizes the imposition of civil money penalties against facilities found to be in compliance with this Act's requirements but to have been out of compliance previously. Provides that if a facility is out of compliance with any of this Act's requirements three months after having been found out of compliance with such requirements or on three consecutive annual surveys, Medicaid payments for newly admitted residents shall be denied, civil monetary penalties assessed and collected, and, in the latter case, on-site monitoring of the facility's compliance shall be established. Provides that when a facility is found to have deficiencies relating to the facility's physical plant that do not immediately jeopardize the health or safety of its clients, the State may submit to the Secretary a written plan for permanently reducing the number of certified beds in such facility within 36 months of such finding and providing services, including community habilitation and supportive services, to clients who thereby cease to receive facility services. Requires that Medicaid-eligible clients be given the option of retaining facility services. Requires the Secretary to report to the Congress annually on the extent to which habilitation facilities are complying with this Act's requirements and the number and type of enforcement actions taken by States and the Secretary. Title III: Appropriate Placement for Individuals with Mental Retardation or Related Condition - Requires that State mental retardation or developmental disability authorities conduct preadmission and annual reviews of habilitation facility applicants and residents with mental retardation or related conditions to determine whether they require facility services or community habilitation and supportive services. Directs that such preadmission and annual reviews be conducted in accordance with criteria to be developed by the Secretary by July 1, 1990. Requires States to provide community habilitation and supportive services for facility clients who need such services but no longer need habilitation facility services. Requires States to establish an appeals procedure for individuals adversely affected by such preadmission and annual reviews. Eliminates existing utilization review and penalty provisions directed at the provision of services in an intermediate care facility for the mentally retarded. Title IV: Payment for Community Habilitation Services and Habilitation Facility Services - Covers the reasonable and adequate costs of community habilitation and supportive services and habilitation facility services. Prohibits Medicaid reimbursement of providers or facilities for civil monetary penalties imposed pursuant to this Act. Title V: Employee Protections and Miscellaneous - Provides employment protections for employees affected by habilitation facility closures or capacity reductions occurring after this Act's enactment. Authorizes States to assign specific management functions relating to the provision of Medicaid services to individuals with mental retardation or related conditions to State agencies responsible for developmentally disabled individuals.
United States · United States Congress · 6 February 1989
SSI Disabled and Blind Children Act of 1989 - Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act to require the Secretary of Health and Human Services to conduct an individualized assessment of a child's mental and physical impairments in determining his or her eligibility for SSI benefits by reason of disability or blindness. Establishes a presumption that a child under age four with a genetic or congenital impairment is disabled or blind for SSI purposes if it is probable that more accurate clinical and laboratory techniques would prove such to be the case. Directs the Secretary to publish, within 30 days of this Act's enactment, a revision of specified listings of mental and emotional disorders which justifies each deviation from recommendations contained in the Revised Childhood Listings of Mental Impairments submitted by the Mental Impairment Listings Workgroup to the Associate Commissioner for Disability on April 1, 1986. Requires the Secretary to: (1) consider age-appropriate medical and functional criteria developed by experts in childhood disability in reviewing and revising all childhood listings; and (2) publish a revised listings and explain deviations from the recommendations of experts within 18 months of this Act's enactment. Establishes a formula for determining the amount of parental resources deemed available to a disabled or blind child for SSI benefit and eligibility purposes. Excludes property which is essential to the self-support of an individual from his or her resources, but includes income from such property in such individuals earned income. Requires States to provide Medicaid coverage (under title XIX of the Act) for all SSI blind or disabled children.
United States · United States Congress · 6 February 1989
Amends Federal law pertaining to the Federal employee health insurance program to allow coverage of an unmarried dependent child between 22 and 23 years of age who is a student regularly pursuing a full-time course of study or training in residence in a junior college, college, university, or comparable recognized educational institution.
United States · United States Congress · 2 February 1989
Medicaid Child Health Amendments of 1989 - Amends title XIX (Medicaid) of the Social Security Act to require States to cover children born after September 30, 1983, whose family income is below the Federal poverty level. Authorizes States to continue such coverage for one year after the family's income rises above the Federal poverty level. Requires States to receive the Medicaid applications of pregnant women, infants, and children at locations which include locations other than those used under part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Act. Permits States to provide Medicaid coverage to all children whose family income is below the Federal poverty level. Allows States to offer an additional nine-, 12-, 15-, or 18-month period of Medicaid eligibility, rather than the additional six-month period, to families who lose AFDC eligibility because of increased earnings or employment hours, or a loss of earning exclusions and receive the initial six months of extended Medicaid coverage. Requires that States submit information to the Secretary of Health and Human Services by April 1 of each year, pertaining to the supply of and demand for pediatric services and proposed Medicaid payment rates for such services so that the Secretary may determine whether such rates are sufficient to ensure that pediatric services will be at least as available to Medicaid beneficiaries as they are to the general population. Requires States to immediately revise rates determined to be insufficient. Increases, by 25 percent, the Federal share of Medicaid costs attributable to State demonstration projects to reduce childhood mortality and morbidity by improving the access of Medicaid-eligible children to pediatricians. Limits FY 1990 expenditures for such projects. Directs States to adjust Medicaid payments to disproportionate share hospitals to take into account exceptionally costly and lengthy inpatient hospital services for children under 18 years of age.
United States · United States Congress · 2 February 1989
Family and Medical Leave Act of 1989 - Title I: General Requirements for Family Leave and Medical Leave - Entitles employees to family leave for specified periods in cases involving the birth, adoption, foster care, or serious health condition of a child or the serious health condition of a parent. Entitles employees to temporary medical leave for specified periods in cases involving inability to work because of a serious health condition. Sets forth conditions for certification for such types of leave. Provides that such leave may be without pay. Allows employees to substitute other types of paid leave to cover part of such leave period. Sets forth employment and benefits protections relating to such leave. Provides for administrative enforcement of this title by the Secretary of Labor, as well as enforcement by civil action. Requires employers to post notice of the pertinent provisions of this title. Title II: Family Leave and Temporary Medical Leave for Civil Service Employees - Amends specified Federal law to entitle civil service employees to family and temporary medical leave for specified periods. Provides that such leave will be without pay. Allows employees to substitute other types of paid leave for part of such leave. Provides for protection for job position and health insurance benefits of employees using such leave. Directs the Office of Personnel Management to prescribe regulations for administration of this title which are consistent with the regulations prescribed by the Secretary of Labor under title I of this Act. Title III: Commission on Family and Medical Leave - Establishes the Commission on Family and Medical Leave. Requires the Commission to report on its study of family and medical leave (which may include legislative recommendations concerning coverage of small businesses) to the Congress within two years after the Commission first meets. Terminates the Commission within 30 days after its final report. Title IV: Miscellaneous Provisions - Sets forth the effect of this Act on existing laws and existing employment benefits. Provides that nothing in this Act shall be construed to discourage employers from adopting more generous leave policies. Directs the Secretary of Labor to prescribe regulations to carry out title I of this Act within 60 days.
United States · United States Congress · 2 February 1989
California Desert Protection Act of 1989 - Title I: Wilderness Additions - Designates as additions to the National Wilderness Preservation System 81 wilderness areas within the California Desert Conservation Area (CDCA), the Yuma District, and the Bakersfield District of the Bureau of Land Management. States that non-designated areas within the CDCA have been adequately studied for inclusion in the System and are therefore released from otherwise applicable restrictions. Designates certain lands within the CDCA as the White Mountains Wilderness Study Area. Title II: Death Valley National Park - Establishes the Death Valley National Park which subsumes the Death Valley National Monument. Withdraws the additional lands from further exploitation under the mining laws. Requires the Secretary of the Interior (the Secretary) to determine the validity of any unpatented mining claims within such additional lands and whether the United States should acquire any mineral rights in such lands. Title III: Joshua Tree National Park - Establishes the Joshua Tree National Park which subsumes the Joshua Tree National Monument. Withdraws the additional lands from further exploitation under the mining laws. Requires the Secretary to determine the validity of any unpatented mining claims within such additional lands and whether the United States should acquire any mineral rights in such lands. Title IV: Mojave National Park - Establishes the Mojave National Park which subsumes the East Mojave National Scenic Area. Withdraws Federal lands within the Park from further exploitation under the mining laws. Requires the Secretary to determine the validity of any unpatented mining claims within the Park and whether the United States should acquire any mineral rights in such lands. Authorizes the Secretary to regulate mining in such Park. Allows grazing only to the extent allowed in current permits. Continues the validity of existing rights-of-way for specified activities. Directs the Secretary to prepare and report to the appropriate congressional committees, within three years, on a management plan for the Park. Designates the Granite Mountains Natural Reserve within the Park. Authorizes the Secretary to construct a visitors' center and acquire lands. Authorizes appropriations. Title V: National Park Wilderness - Designates as wilderness the Death Valley National Park Wilderness, the Joshua Tree National Park Wilderness Additions, and the Mojave National Park Wilderness. Title VI: Miscellaneous Provisions - Directs the Secretary to transfer Red Rock Canyon State Park Additions in the CDCA to California. Establishes the Desert Lily Sanctuary within the CDCA. Establishes the Indian Canyons National Historic Site. Authorizes the Secretary to exchange Federal mineral interests in lands in California for private mineral interests in wilderness areas and national parks designated by this Act. Directs the Secretary to insure nonexclusive access to such wilderness areas and parks by Indian people for traditional cultural and religious purposes. Title VII: Military Activities - Provides that nothing in this Act shall preclude, limit, or otherwise affect low level overflights of military aircraft in the California desert in the same location and degree as existed prior to enactment of this Act. Withdraws from appropriation under the public land laws and reserves for military use by the Secretary of the Navy specified lands in California known as the China Lake Naval Weapons Center in Inyo, Kern, and San Bernardino Counties and Chocolate Mountain in Imperial County. Requires the Secretary to manage such lands' nonmilitary uses, subject to closure by the Secretary of the Navy for security or safety purposes. Requires the Secretary to develop, within three years, a management plan for such lands. Requires the Secretary of the Navy to prevent and suppress brush and range fires with reimbursable assistance from the Bureau of Land Management. Requires the Secretaries to enter into a memorandum of understanding concerning the management plan which includes the provision of fire control assistance upon request. Requires the Secretary of Defense to notify the Secretary whenever withdrawn lands are being used for defense-related purposes other than those specified, including the effect of such different use. Authorizes the Secretary to delegate management responsibilities for China Lake to the Secretary of the Navy. Requires the Secretary of the Navy to report annually to the Secretary, who shall then report to the appropriate congressional committees on the status of natural and cultural resources on such withdrawn lands. Terminates land withdrawals under this Act 15 years after this Act's enactment. Requires the Secretary of the Navy to publish a draft environmental impact statement on the continued or renewed withdrawal of lands under this Act. Requires such Secretary to hold a public hearing in California before the withdrawal's termination. Requires the Secretary of the Navy to maintain a decontamination program for such lands during their withdrawal. Requires the Secretary to report annually to the appropriate congressional committees on such decontamination efforts. Requires the Secretary of the Navy to notify the Secretary, at least three years before the termination of the withdrawal, whether an extension is going to be requested and, if not, to what extent such lands are contaminated with hazardous materials. Requires the Secretary of the Navy to decontaminate relinquished lands, but if such decontamination is not practicable or economically feasible, authorizes the Secretary to refuse to accept such lands. Requires the Secretary of the Navy to then: (1) warn the public of risks of entry; (2) conduct only decontamination activities on such lands after the expiration of the withdrawal; and (3) report to the Secretary and the Congress on the status of such lands. Directs the Secretary to publish the acceptance of withdrawn lands, indicating when such lands will be open and under what conditions. Exempts the United States from liability for injuries or damages resulting from nonmilitary activity on withdrawn lands. Authorizes an extension of the Navy's use of the El Centro Ranges in Imperial County, California, through January 1, 1990, subject to resource protection requirements.
United States · United States Congress · 2 February 1989
Medicaid Infant Mortality Amendments of 1989 - Amends title XIX (Medicaid) of the Social Security Act to phase-in mandatory State coverage of pregnant women and infants whose family income is below 185 percent of the Federal poverty level. Deducts child and medical care costs from the income eligibility test. Requires the continuation of such coverage for women through the month in which the 60-day post-partum period expires, and for infants throughout their first year of life. Directs the Secretary of Health and Human Services to report to the Congress by July 1, 1990, on State error rates in determining the Medicaid eligibility of pregnant women and infants. Suspends error rate penalties attributable to such eligibility determinations made from July 1, 1989, until one year after the Secretary's report. Requires that States make ambulatory prenatal care available to a pregnant woman during a presumptive eligibility period which ends when she is determined to be ineligible for Medicaid benefits or 14 days after she is determined to be eligible, but fails to apply. Amends title V (Maternal and Child Health Services) of the Act to require States to provide outreach services for Medicaid-eligible pregnant women and infants under such title. Amends the Medicaid program to reimburse States, at the Federal Medicaid assistance percentage, for outreach services identifying Medicaid-eligible pregnant women and infants and assisting them in applying for Medicaid coverage. Requires that States submit information to the Secretary, by April 1 of each year, pertaining to the supply of and demand for obstetrical and pediatric services and proposed Medicaid payment rates for such services so that the Secretary may determine whether such rates are sufficient to ensure that obstetrical and pediatric services will be at least as available to Medicaid beneficiaries as they are to the general population. Requires States to immediately revise rates determined to be insufficient. Increases, by 25 percent, the Federal share of Medicaid costs attributable to State demonstration projects to reduce infant mortality and childhood morbidity by improving the access of Medicaid-eligible pregnant women and infants to obstetricians and pediatricians. Limits FY 1990 expenditures for such projects. Excepts Medicaid-eligible pregnant women from required cooperation with States in establishing the paternity of children born out of wedlock. Requires States to: (1) coordinate Medicaid services with the special supplemental food program for women, infants, and children (WIC) under the Child Nutrition Act of 1966; and (2) notify Medicaid-eligible pregnant, breastfeeding, or postpartum women and children under age five of WIC program benefits.
United States · United States Congress · 2 February 1989
Amends 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
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
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
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 · 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
Directs the Secretary of Health and Human Services to establish a program of grants to: (1) identify women who received diethylstilbestrol (DES) while pregnant and their children; (2) establish a voluntary registry of such women and children; (3) provide them with periodic cancer screening; and (4) provide health care personnel and the public with information respecting the health hazards of such drug. Authorizes appropriations.
United States · United States Congress · 31 January 1989
Provides that restrictions may be applied to information, counseling, or services provided by family planning entities abroad that receive U.S. assistance under the Foreign Assistance Act of 1961 only to the extent that the same restrictions apply to domestic family planning entities receiving funds under the Public Health Service Act.
United States · United States Congress · 27 January 1989
East Coast Aircraft Noise Abatement Act - Directs the Administrator of the Federal Aviation Administration to: (1) issue an environmental impact statement on the effects of changes in aircraft flight patterns over the States of New York and New Jersey as a result of the expanded East Coast Plan; (2) investigate the effects on air safety over such States as a result of the Plan; (3) report to the Congress on the results of the environmental impact statement and of the investigation; and (4) implement any appropriate plan modifications. Requires the Administrator to issue an environmental impact statement if there are proposed significant air route or flight procedure changes over certain urbanized areas due to air traffic delays and congestion.
United States · United States Congress · 27 January 1989
Legal Immigration Reform Act of 1989 - Amends the Immigration and Nationality Act to set worldwide levels for family-based, employment-based, and independent immigrants. Revises the visa preference system for such immigrants. Establishes a Select Review Commission on Legal Immigration Reform to review the impact of this Act and report its conclusions to the President and the Congress. Terminates the Commission on the due date of the report, but allows it to function through FY 1993 as necessary. Provides a temporary stay of deportation and work authorization for qualified spouses and children of legalized aliens. Shortens the usual period of lawful permanent residence for naturalization. Waives certain naturalization requirements for Philippine natives who served honorably in the U.S. armed forces during World War II.
United States · United States Congress · 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 Internal Revenue Code provisions relating to the income tax deduction for the health insurance costs of self-employed individuals to: (1) increase from 25 percent to 100 percent the allowable deduction; and (2) make the deduction permanent (under current law it will expire after tax year 1989).