United States · United States Congress · 4 January 1989
Brady Handgun Violence Prevention Act - Makes it unlawful for any licensed importer, manufacturer, or dealer to sell, deliver, or transfer a handgun to an unlicensed individual unless: (1) the transferor has notified the chief law enforcement officer for the individual's place of residence about the proposed transfer and either has received a response indicating that such transfer is not prohibited by law or has not received a response indicating otherwise within seven days; (2) the individual has presented to the transferor a statement from the officer indicating that the individual requires a handgun because of a threat to him or his family; or (3) the individual has a State handgun permit that is less than a year old which satisfies the same requirements. Requires any transferor who subsequently receives a report from such officer that receipt or possession of the handgun by the individual violates the law to: (1) furnish information about the transfer and the individual to the chief law enforcement officer of the transferor's place of business and the individual's place of residence; and (2) keep confidential any information received which is not otherwise available to the public, with exceptions. Requires a transferor to retain a copy of the individual's sworn statement for at least a year. Requires the law enforcement officer to destroy any copy of the individual's sworn statement and any record containing information derived from such statement within 30 days, unless such officer determines that the transaction would violate Federal, State, or local law. Provides that this Act shall not apply in any State that requires: (1) a seven-day waiting period for the transfer of a handgun to an unlicensed individual; or (2) a State law enforcement officer to verify an unlicensed individual's eligibility to receive a handgun. Sets penalties for violations of this Act.
United States · United States Congress · 4 January 1989
Recyclable Materials Science and Technology Development Act of 1989 - Directs the Secretary of Commerce to study and report to the Congress concerning: (1) means to increase the use of degradable materials in manufactured goods; (2) technologies for recycling nondurable consumer products; and (3) ways to expand the marketing of recycled products. Directs the Secretary of Health and Human Services to study and report to the Congress on the feasibility of recycling nondegradable medical supplies and of substituting degradable for nondegradable materials in medical equipment and supplies. Directs the Secretary of Defense to study and report to the Congress on the national defense and security implications of requiring the use of degradable materials in defense items. Instructs the Secretary of Agriculture to initiate a pilot project to develop and demonstrate viable technology for composting municipal waste and sewage sludge. Requires the Secretary to report project results to the Congress. Directs the Secretary of Commerce to appoint a Director of Recycling Research and Information to make grants to support research into innovative recycling technology. Authorizes appropriations for such purposes for FY 1990. Prohibits, effective five years after this Act's enactment, the production, manufacture, distribution, sale, or delivery of nonrecycled consumer goods, fast food in nondegradable containers, and packaging for specified purposes that contains any material that is not naturally degradable. Establishes both civil and criminal penalties for violations. Directs the Administrator of the Environmental Protection Agency and the Secretary of Commerce jointly to issue regulations to govern the designation of goods and materials for noncompliance purposes. Directs the Secretary to publish and periodically update lists of items and materials affected by the prohibition on activities involving nonrecyclable items.
United States · United States Congress · 4 January 1989
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that a beneficiary shall be entitled to a prorated benefit for the month in which he or she dies.
United States · United States Congress · 4 January 1989
Deaf Taxpayer Assistance Act of 1989 - Amends the Internal Revenue Code to permit an additional standard deduction of $600 for a deaf taxpayer, spouse, or dependent.
United States · United States Congress · 3 January 1989
Joint Manufacturing Opportunities Act of 1989 - Declares that the conduct of any individual in making or performing a contract to carry out a flexible manufacturing network shall not be deemed illegal per se under the antitrust laws, but rather shall be judged on its reasonableness considering all relevant factors affecting competition. Defines "flexible manufacturing network" (FMN) as any group of activities, including attempting to make, making, or performing a contract, carried out by two or more persons for the purpose of: (1) purchasing raw materials, services, or facilities to jointly manufacture and distribute a product; (2) collecting and sharing information on production costs and manufacturing capacity necessary to prepare a bid to sell a product jointly manufactured by such persons, or information applicable to the marketing of such product; or (3) sharing information on manufacturing and distribution capacity for the purpose of jointly manufacturing and distributing such product. Excludes activities not reasonably required to carry out a flexible manufacturing network. Limits recovery under the Clayton Act to actual damages (for private suits), the total damage sustained (in suits by States), interest calculated at a specified rate, and costs, including a reasonable attorney's fee, if such claim results from conduct that is within the scope of a notification that has been filed under this Act for an FMN and is filed after such notification becomes effective. Specifies that interest shall be awarded on the damages involved for the period between the date of injury and the date of judgment, unless the court finds that such award is unjust under the circumstances. Limits recovery under this Act if the challenged conduct of a person defending against a claim is not in violation of any decree or order entered or issued after the effective date of this Act. Provides for the award of costs and attorney's fees. Establishes procedures for the filing of a notice with the Attorney General and the Federal Trade Commission of a written agreement to carry out an FMN disclosing: (1) the identities of the parties; and (2) the nature and objectives of such FMN. Exempts specified information from disclosure. Provides for: (1) publication of such notice in the Federal Register; (2) withdrawal of notice; and (3) judicial review of any action by the Attorney General or the Commission with respect to notification filed under this Act. Restricts the admissibility of information disclosed or published under this Act.
United States · United States Congress · 3 January 1989
Authorizes the Secretary of the Interior to acquire certain properties in Independence, Missouri, to add to the Harry S Truman National Historic Site. Authorizes the owners of such property to retain the right of use and occupancy of the property for up to 25 years or until death, whichever is later. Requires the Secretary to pay the owners the fair market value for such property. Authorizes appropriations.
United States · United States Congress · 3 January 1989
Amends the Federal Water Pollution Control Act to include estuaries and estuarine zones within the pollutant discharge permit program. Requires that ocean and estuary pollutant discharge guidelines take into account the need for a proposed discharge.
United States · United States Congress · 3 January 1989
Amends the Federal Property and Administrative Services Act of 1949 to allow nonprofit volunteer fire departments and rescue squads to receive donations of Federal surplus personal property.
United States · United States Congress · 3 January 1989
Amends title XVIII (Medicare) of the Social Security Act to include, as a home health service, nutritional counseling provided by or under the supervision of a registered dietitian.
United States · United States Congress · 3 January 1989
Directs the Administrator of the Environmental Protection Agency to develop a research program to: (1) assess the sources, amounts, composition, and disposal of infectious medical wastes; (2) determine the hazard to public health of such wastes; (3) compare incineration processes, autoclaving, and other disposal technologies; and (4) assess the status of U.S. medical waste management practices. Authorizes appropriations through FY 1995 to carry out this Act.
United States · United States Congress · 3 January 1989
Animal Welfare Protection Act of 1989 - Amends the Animal Welfare Act to empower the Secretary of Agriculture to request the Attorney General to obtain a temporary restraining order for violations of such Act or of regulations promulgated under such Act.
United States · United States Congress · 3 January 1989
Social Security Refinancing Amendments of 1989 - Title I: Financing of Old-Age, Survivors, and Disability Insurance Program - Amends the Internal Revenue Code to adjust the tax rates applicable to employers, employees, and self-employed individuals for old age, survivors and disability insurance coverage. Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to alter percentages of wages and self-employment income to be allocated to the Federal Disability Insurance Trust Fund. Title II: Financing of Medicare Program - Amends the Internal Revenue Code to eliminate employment and self-employment taxes as a means of financing hospital insurance coverage. Amends part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act to provide financing for the Medicare program with appropriations from general revenues earmarked by the Secretary of the Treasury in consultation with the Secretary of Health and Human Services. Bases such appropriations on the expected needs of the Federal Hospital Insurance Trust Fund in each fiscal year allocated among individual tax receipts according to a specified formula. Requires an equal amount to be allocated from corporate tax returns. Title III: Miscellaneous Provisions - Directs the Secretary of the Treasury to print on each individual tax return form notice of the amount of the individual's Federal income tax which will be allocated to the Medicare program.
United States · United States Congress · 3 January 1989
Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act to gradually increase SSI benefits so that they are set at the Department of Health and Human Services' Federal Poverty Income Guidelines on and after January 1, 1992.
United States · United States Congress · 3 January 1989
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to enable an insured individual's spouse who has attained the age of 50 and is not entitled to any other monthly benefits to obtain a transition benefit for four months upon the death of the insured individual. Establishes the amount of such transition benefit at 71.5 percent of the primary insurance amount of the insured individual or, if it is higher, 71.5 percent of the primary insurance amount of the spouse.
United States · United States Congress · 3 January 1989
Waives the payment of premiums for National Service Life Insurance for veterans who have attained age 70 and have paid premiums on such insurance for not less than 25 years.
United States · United States Congress · 3 January 1989
Fire Safe Cigarette Act of 1989 - Directs the Consumer Product Safety Commission to issue by rule a fire safety standard for cigarettes. Prohibits stockpiling of cigarettes between the issuing and effective dates of the standard. Provides for judicial review of the standard. Prohibits manufacture or importing of cigarettes unless in compliance with a standard issued under provisions of this Act. Declares violation of the prohibition to be a violation of provisions of the Consumer Product Safety Act. States that this Act and the standard issued under it does not preempt any law of a State which prescribes a more stringent fire safety standard for cigarettes. Prohibits, in any civil action for damages, admitting as a defense compliance with the standard.
United States · United States Congress · 3 January 1989
Permits certain veterans with service-connected disabilities who are retired members of the uniformed services to receive compensation concurrently with retired pay, without deduction from either.
United States · United States Congress · 3 January 1989
Provides that the U.S. District Court for the District of New Jersey shall be held in Paterson, New Jersey, in addition to those places currently provided by law.
United States · United States Congress · 3 January 1989
Senior Citizens Health Insurance Standards Act of 1989 - Directs each State to submit to the Secretary of Health and Human Services a plan specifying certain minimum standards applicable to the sale of health insurance to the elderly. Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary to conduct studies for the purposes of making recommendations to the Congress concerning: (1) a uniform approach for regulating all private health insurance sold to the aged and disabled; and (2) the feasibility of additional health insurance coverage under title XVIII.
United States · United States Congress · 3 January 1989
Amends the Immigration and Nationality Act to provide for posthumous naturalization of aliens and noncitizen nationals by reason of death while on active-duty service in the U.S. armed forces during periods of military hostilities.
United States · United States Congress · 3 January 1989
Eliminates provisions of Federal law which restrict premium pay to the minimum rate of basic pay for GS-10 for Federal employees in a position in which: (1) the hours of duty cannot be controlled administratively; (2) a substantial amount of irregular, unscheduled overtime is required; and (3) the employee is generally responsible for recognizing circumstances which require the employee to remain on duty.
United States · United States Congress · 3 January 1989
Computer Protection Act of 1989 - Amends the Federal criminal code to impose penalties upon individuals who knowingly sabotage the proper operation of computer system hardware or software. Permits a party who has been harmed by such violation to seek redress in a civil action.
United States · United States Congress · 3 January 1989
Oyster Disease Research Assistance Act - Directs the Chief Scientist of the National Oceanographic and Atmospheric Administration to establish an oyster disease research program, including: (1) identification of certain oyster diseases; (2) identification of priority research categories; (3) support for research in priority categories; and (4) a process for making the results of the research available to interested persons. Permits eligible institutions to apply for research grants. Establishes the Oyster Research Program Advisory Committee to advise the Chief Scientist regarding matters related to carrying out this Act. Directs the Chief Scientist to consult with the Department of the Interior, the National Science Foundation, the National Institutes of Health, and the Food and Drug Administration with respect to the identification of priority oyster diseases, the identification of priority research categories, and matters covered by the biennial review required by this Act. Directs the Chief Scientist to undertake a biennial review of the program. Sets forth reporting requirements.
United States · United States Congress · 3 January 1989
Defense Economic Adjustment Act - Title I: Defense Economic Adjustment Council - Establishes in the Executive Office of the President the Defense Economic Adjustment Council to be co-chaired by the Secretaries of Commerce and Labor. Establishes in the Executive Office an Office of Economic Adjustment, headed by a Director, to provide staff support to the Council. Directs the Council to disseminate information from the Secretary of Defense to Federal, State, and local agencies concerning proposed or pending changes in defense spending which would affect employment in the defense industry. Requires the Council to perform other duties, including: (1) encouraging the preparation of plans for non-defense-related public projects; (2) coordinating and developing information on priority, federally-funded projects and programs pertaining to defense economic adjustment; (3) monitoring job services information banks; and (4) determining criteria for eligibility for assistance under this Act. Directs the Secretary of Defense to provide the pertinent information to the Council a year in advance of any change and to furnish the Council with projected future defense spending levels. Directs the Council to prepare and distribute a Conversion Guidelines Handbook to outline requirements of programs for professional retraining of personnel. Title II: Community Economic Adjustment Planning - Makes eligible for Federal assistance for economic adjustment planning any community which is substantially affected by reduction or elimination of Government defense facilities or curtailment or conclusion of defense contracts. Directs the Council to make available to alternative use committees information on economic development programs of any Federal instrumentality which provides funds that may be used for planning. Requires the Council to report to the Congress at least annually on any such economic development program. Directs the Council to use data from other departments to develop criteria which ensures that assistance is directed to those communities that are most vulnerable economically to reductions in defense expenditures. Requires the Council to publish a semiannual list of eligible communities. Requires excess property resulting from a closing or reduction in a Government-owned facility to be appraised for purposes of resale to the community. Title III: Alternative Use Committees - Requires the establishment of alternative use committees at defense facilities to plan for economic conversion in the event of closure or reduction. Directs such committees to: (1) evaluate the assets of the facilities and the resources and requirements of the local community; (2) develop at least biennially a detailed plan for conversion of the facility to non-defense-related productive activity; and (3) provide retraining and reemployment counseling services. Requires conversion plans to maximize the pool of skills of available personnel and specify in detail the composition of the work force and plant, material, and financing requirements. Penalizes any contractor who fails to submit an alternative use plan or carry out one approved by the Council by making such contractor ineligible for future defense contracts for three years. Title IV: Economic Adjustment Assistance for Workers - Makes displaced workers certified by the local alternative use committees to the Council eligible for benefits for two years under this Act. Includes among such benefits: weekly compensation, vested pension credit, maintenance of health insurance, retraining for civilian work, job search allowance, and reimbursement for relocation expenses. Requires completion of a program of professional retraining before certain employees are eligible for assistance. Directs the Council to enter into agreements with a State or agency in the State administering the unemployment compensation law to disburse benefits under this Act. Requires displaced workers to accept any employment determined by the State agency or Secretary of Labor to be comparable to the former job, or benefits will terminate. Excludes these benefits from other determinations of eligibility for unemployment compensation under any Federal or State law. Title V: Economic Adjustment Fund - Establishes in the Treasury a Workers Economic Adjustment Reserve Trust Fund. Requires defense contractors to pay a specified percentage into the Fund. Directs the Secretary of the Treasury to deposit a percentage of the projected savings resulting from a cancellation or cutback in defense spending. Title VI: Use of Certain Research Funds - Requires the Council to define urgent national requirements for nondefense sectors of the economy in any determination of the Secretary of Defense as to how certain research and development funds are to be spent. Title VII: Authorization of Appropriations - Authorizes appropriations.
United States · United States Congress · 3 January 1989
National Public Works Corporation Act - Amends the Public Works and Economic Development Act of 1965 to establish the National Public Works Corporation. Authorizes appropriations for the capitalization of the Corporation for fiscal years following 1989. Authorizes States electing to participate in the Corporation to make certain contributions. Sets the maximum amount of contributions any one State may make to the Corporation. Authorizes the Corporation to make loans to participating States and local governments for projects for the construction, rehabilitation, and repair of public facilities in accordance with this Act. Prohibits loan plans from being used to pay the non-Federal share of the cost of Federal projects. States the maximum amount of outstanding loans authorized for such projects. Prohibits the Corporation from making a loan for a public facility project unless it determines that such facility, upon completion, will generate sufficient fees to repay the principal and interest on such loans and create a sufficient reserve for the operation and maintenance of the project, including replacement costs over the useful life of the project. Requires applicants for such loans to demonstrate to the Corporation that they have legal authority to assess and collect such fees and that such fees will provide sufficient revenues to meet the conditions for making such loans. States additional conditions and requirements for such loans. Requires the Governor of a State to submit applications for public facility project loans for the State or State agency or instrumentality. Requires the responsible official of local government to submit applications for public facility project loans for such unit or agencies thereof. Prohibits the Corporation from approving local government project loans unless the Governor of the appropriate State certifies approval of the application. Prohibits any Governor from submitting or approving loan applications for more than the maximum amount allowable to any one State. Requires Governors to ensure a proper distribution of available loan funds in a State between urban and rural areas according to a certain allocation formula. Requires the Corporation to require all contracts made with such loan proceeds to be awarded on the basis of competitive bidding. Requires the Corporation to conduct necessary audits to enforce this Act. States procedures to be followed if the Corporation determines that insufficient fees are being collected. Authorizes appropriations to the Corporation for fiscal years after FY 1987, in order to reduce interest rates paid by borrowers under this Act. Declares that the Corporation, its assets, and certain property shall be exempt from State, local, or Federal taxes, except for certain real property and tangible personal property. States that any obligations issued by the Corporation shall be taxed as to principal and interest to the same extent as the obligations of private corporations. Requires the General Accounting Office to audit the financial transactions of the Corporation. Sets forth procedures to be followed in the event of a default on any loan made under this Act. Requires the Corporation to submit an annual report to the Congress and the President after each fiscal year on the status of the Corporation and its reserve fund. Requires such report to include a description of the projects for which loans were made during the preceding fiscal year.
United States · United States Congress · 3 January 1989
Amends the National Aeronautics and Space Act of 1958 and Federal patent law to provide that any invention made, used, or sold in outer space on an aeronautical and space vehicle under the jurisdiction or control of the United States shall be considered made, used, or sold within the United States. Applies this provision to all patents granted before, on, or after the date of enactment of this Act, with certain exceptions.
United States · United States Congress · 3 January 1989
Older Persons Comprehensive Counseling Assistance Act of 1989 - Title I: General Provisions - Authorizes appropriations for specified programs under this Act. Directs the United States Commissioner on Aging, through the National Information Resource Clearinghouse for the Aging, to collect, analyze, and disseminate information related to counseling services for older persons. Title II: Counseling Assistance Programs - Requires each State desiring a grant under this Act to submit a comprehensive State plan for providing counseling assistance to the elderly. Requires such plan to conform to specified criteria. Directs the Secretary of Health and Human Services to make grants to States having approved plans based on statewide needs and priorities. Permits the use of grants to fund counseling assistance outreach programs, preretirement counseling programs, career counseling assistance programs, referral services, community activities, and counseling for families of sick and disabled senior citizens. Sets forth requirements for State programs and for State training and retraining programs for counseling personnel. Directs the Commissioner on Aging to contract with postsecondary educational institutions and area agencies on aging for the purpose of providing needed training and retraining of counseling personnel. Directs the Commissioner on Aging to carry out a demonstration and evaluation program for specified purposes, including: (1) identification of existing effective practices in counseling older persons; (2) identification of areas where further development is needed; and (3) development of model training programs for professional counselors.
United States · United States Congress · 3 January 1989
Amends title VII (Equal Employment Opportunity) of the Civil Rights Act of 1964 to make it an unlawful employment practice to discriminate against any individual who is physically or mentally handicapped.
United States · United States Congress · 3 January 1989
Provides that the Tax Reform Act of 1986 shall be applied and administered as if the three-year basis recovery rule applicable to government employees' annuities had not been repealed.
United States · United States Congress · 3 January 1989
Federal Employees Health Benefits Reform Act - Increases the amount of the Government's contribution for an employee enrolled in an employee health benefits plan from 60 to 75 percent of the average subscription charge for such plan. Increases the maximum Government contribution for an enrollee from 75 to 100 percent of such subscription charge. Requires payment of a Government differential equal to five percent of the average subscription charge, in addition to the Government's contribution, for any enrollee who is over 65 years of age and not entitled to Medicare benefits. Excludes such differential in determining the amount to be paid by the enrollee. Permits certain persons to elect to continue coverage under a Federal employees' health benefits plan for a specified period. Requires such persons who elect to continue coverage to pay into the Employees Health Benefits Fund an amount equal to the sum of employee and agency contributions paid for the same level of benefits. Allows annuitants whose annuity is less than the amount required to be withheld for enrollment in a health benefits plan to pay the amount of any deficiency required for enrollment. Requires contracts for employee organization plans to require carriers to: (1) enter into an agreement approved by the Office of Personnel Management (OPM) with an underwriting subcontractor licensed to issue group health insurance in all States and the District of Columbia; and (2) meet minimum financial standards prescribed by OPM. Requires the service benefit plan and the indemnity benefit plan to provide, in addition to all currently authorized benefits: (1) nervous and mental disorder benefits; (2) alcoholism and substance abuse treatment and rehabilitation benefits; and (3) comprehensive dental benefits. Prohibits the OPM from entering into a contract with a carrier for any health benefits plan which does not provide 95 percent of the benefits that such plan or the most similar plan provided during the preceding year, unless the carrier and the OPM mutually agree to waive such requirement. Prohibits the OPM from entering into a contract for a health benefits plan which excludes anyone because of nonactive employee status.
United States · United States Congress · 3 January 1989
Infrastructure Protection Act of 1989 - Prohibits the receipts and disbursements of the Highway Trust Fund (for both the Federal aid highway program and the Mass Transit Account), the Airport and Airway Trust Fund, and the Inland Waterways Trust Fund which are allocable to the transportation-related operations of such Funds from being included in either the Federal budget as submitted by the President or in the congressional budget. Exempts such Trust Funds from any general statutory budget limitation.
United States · United States Congress · 3 January 1989
Directs the Bureau of Labor Statistics to develop and implement a method for determining, on an annual basis, the cost of living in each area of the country relative to the cost of living in the District of Columbia. Provides for adjusting the rates of pay for Federal employees in any area where the cost of living is higher than the District's.
United States · United States Congress · 3 January 1989
Directs the Board of Regents of the Smithsonian Institution to construct, expand, and renovate facilities at the Cooper-Hewitt Museum in New York, New York, in accordance with the master plan for such project. Authorizes appropriations to the Board for FY 1990 and subsequent fiscal years in an amount equal to one-half the total cost of the project. Prohibits the use of appropriations until the Comptroller General determines that one-half of the total project cost is available to the Board from non-Federal sources. Provides for transfer of any portion of such funds to the General Services Administration to carry out such project. Provides that the Cooper-Hewitt Museum shall also be known as the National Museum of Design.
United States · United States Congress · 3 January 1989
Visually Impaired Voters Assistance Act of 1987 - Requires each State to make enlarged print voting aids and ballots available to visually impaired voters in Federal elections. Requires the chief election officer of each State to provide public notice, adapted to reach visually impaired voters, of the availability of materials under this Act. Directs the Federal Election Commission to report to the Congress, not later than one year after enactment of this Act, on the voting aids available to blind voters with respect to Federal elections in each State.
United States · United States Congress · 3 January 1989
Prohibits an alien crewmember from being admitted to the United States for the purpose of performing service on board a vessel or aircraft in a bargaining unit of an employer when there is a strike or lockout in the course of a labor dispute.
United States · United States Congress · 3 January 1989
Guardianship Rights and Responsibilities Act of 1989 - Amends title XIX (Medicaid) of the Social Security Act to reduce the Federal share of Medicaid payments available to States which fail to adopt, within two years of this Act's enactment, the rights, standards, and duties concerning guardianship that are set forth in this Act. Requires that an individual who is the subject of a guardianship petition: (1) be provided with an adequate and timely notice, in large print and plain language, of all pending guardianship proceedings, rights afforded in the course of such proceedings, and the possible consequences of a determination of incapacity; (2) have the right to counsel; and (3) have the right to have the question of incapacity heard by a jury and to file an appeal against a determination of incapacity and a guardianship order. Requires that determinations of incapacity be made only when the subject of the guardianship petition is present at such hearing, unless such person waives the right to be present or is physically unable to be present, and be based on clear and convincing evidence of incapacity to administer his or her own affairs. Sets forth the training and services which court personnel in guardianship hearings must receive and provide. Prohibits an incapacity determination in a guardianship proceeding from being considered prima facie evidence of insanity or inability to function in a non-institutionalized setting. Requires that the personal preferences of a ward in the selection of a guardian be taken into account when feasible and the ward be entitled to participate in all decisions affecting such ward during the guardianship to the extent such ward's functional limitations make such participation possible. Requires that a guardianship be imposed on a ward in the least restrictive manner commensurate with the ward's functional limitations. Prohibits the appointment of a person as a guardian unless such person: (1) completes, or agrees to enroll in and complete, court-supervised training in the legal, economic, and psychosocial needs of wards; and (2) has filed a guardianship plan with, and had the plan approved by, the court. Requires a guardian to keep the court which issued the guardianship order informed of the ward's affairs and whereabouts and use the ward's funds only for the administration of the guardianship and the ward's benefit. Provides that a court in a State into which a ward moves shall be notified of the existence of a guardianship, and receive information on and assume jurisdiction over, such guardianship. Authorizes such court to require the guardian to submit a new petition for guardianship. Directs courts to conduct annual reviews of guardianship orders they have issued. Requires private professional guardians to meet guardian certification requirements which are consistent with this Act's requirements. Directs the Secretary of Health and Human Services to award two-year demonstration grants to eligible States for the establishment and operation of a guardianship advocate program under which individuals are hired and trained as court employees serving as guardianship advocates and investigators. Requires that preference in awarding grants be given to States which provide assurances that their program will continue to operate after the expiration of such grant. Directs the Secretary to report to the Congress on such programs within three years after the final demonstration grant is awarded. Authorizes appropriations for such grants.
United States · United States Congress · 3 January 1989
Health Security Act - Title I: Health Security Benefits - Makes every U.S. resident and nonresident citizen eligible for health services covered under this Act. Authorizes the Health Security Board to enter into reciprocal agreements for coverage of nonresident aliens when in the United States and U.S. citizens residing abroad. Entitles every eligible person to have payment made by the Health Security Board for any covered service provided within the United States by a participating provider. Extends coverage to: (1) professional physician services, including psychiatric services to outpatients under specified conditions; (2) dental services; (3) institutional services; and (4) pharmaceutical benefits. Directs the Board to establish, disseminate, and review annually: (1) a list of drugs for use in participating institutions, organizations, and associations; (2) a list of diseases and drugs for use outside such organizational settings, which shall include drug therapy for chronic conditions; and (3) lists of therapeutic devices, appliances, and equipment (including eyeglasses, hearing aids, and prosthetic appliances), and the conditions under which such items are covered benefits. Requires drugs to be listed by their established names as defined in the Food, Drug, and Cosmetic Act, and also, to the extent the Board deems appropriate, by trade names. Extends coverage to other professional and supporting services, including: (1) services of optometrists and podiatrists; (2) diagnostic and therapeutic services of independent pathology laboratories and radiology services; (3) mental health day care services; (4) alcoholism and drug abuse treatment; (5) family planning and rehabilitation services; (6) emergency and nonemergency transportation services; and (7) other supporting services, such as psychological, physiotherapy, nutrition, social work, or health education services, when furnished on behalf of certain approved organizations. Excludes from coverage: (1) health services furnished or paid for under Federal or State workmen's compensation laws; (2) primary or secondary school health services to the extent specified by regulation; (3) cosmetic surgery; (4) the furnishing of unapproved drugs and appliances; (5) certain medical or surgical procedures which the Board finds are experimental or too costly or scarce to provide on a nationwide basis; (6) certain services which are already furnished or available from another provider; and (7) services of a professional practitioner which are furnished in a nonparticipating hospital. Makes professional practitioners who are licensed on the effective date of enactment of this title eligible providers, but requires practitioners after such date to meet national standards established by the Board in addition to existing State standards. Specifies general eligibility requirements for participating providers, including the filing with the Board of an agreement: (1) not to discriminate in providing services to eligible persons; (2) not to make unauthorized charges; and (3) to comply with reporting requirements. Sets forth specific eligibility requirements for various types of participating providers, including: (1) general and psychiatric hospitals; (2) skilled nursing homes; (3) home health service agencies; (4) group practice organizations; (5) individual practice associations; and (6) other health service organizations and providers, including independent pathology laboratories and radiological services, ambulance services, and providers of drugs, devices, appliances, and equipment. Sets forth criteria for the utilization review plan of hospitals and skilled nursing homes. Requires skilled nursing homes to have in effect an agreement with at least one participating hospital for the transfer of patients and medical and other information. Limits the eligibility of providers operating newly constructed or enlarged facilities which are unnecessary for the furnishing of adequate services. Prohibits damages in malpractice judgments from being awarded for the cost of remedial services for which the injured party is entitled to receive payment under this Act. Excludes institutions and employees of the Department of Defense, Veterans Administration, (effective March 1989, Department of Veterans Affairs), and institutions and employees of the Department of Health and Human Services serving merchant seamen, Indians, or Alaskan Natives, from serving as participating providers, but allows reimbursement for services furnished by such institutions to eligible persons who are not part of their normal clientele. Permits a physician, dentist, optometrist, or podiatrist licensed in one State, and meeting the national standards, to furnish Health Security benefits in any other State. Grants similar authority to other professional and nonprofessional health personnel. Establishes the Health Security Trust Fund to receive the net assets of existing (Medicare) funds taken over by the Health Security program, the yield of the Health Security taxes, and the Government's contribution from general revenues amounting to 200 percent of the yield from these taxes. Directs the Board to fix for each fiscal year the maximum amount which may be obligated for expenditure from the trust fund. Establishes in the Trust Fund a health services account, a health resources development account, an administration account, and a residual general account. Provides for the allocation of the health services account among regions of the country. Provides that payments for covered services furnished to eligible persons by participating providers shall be made from the health services account in the Trust Fund. Sets forth specific payment requirements for the various types of participating providers. Sets forth various payment provisions for health care providers, institutions, and pharmacies. Authorizes the Board to: (1) assist in the establishment, expansion, and operation of group practice organizations, other public or nonprofit health service agencies, and nonprofit organizations furnishing comprehensive dental services; and (2) provide for the recruitment, education, and training of needed health personnel. Authorizes special improvement grants: (1) to any public or other nonprofit health agency or institution to establish improved coordination and linkages with other providers of services; and (2) to organizations providing comprehensive ambulatory care, to improve their utilization review, budget, statistical, or records and information retrieval systems, to acquire equipment needed for those purposes, or to acquire equipment useful for mass screening or for other diagnostic or therapeutic purposes. Sets the terms and conditions for construction and improvement loans made by the Board. Authorizes grants for the development of programs of personal care services. Authorizes appropriations for the purposes of the health services development fund. Creates an administrative structure within the Department of Health and Human Services with exclusive responsibility for the administration of the Health Security Program. Establishes a five-member, full-time Health Security Board serving under the Secretary of Health and Human Services. Sets forth the responsibilities and duties of the Board and the Secretary. Provides that this title shall be administered by the Board through the regions of the Department and, within each region, through health service areas, which shall be the same as those areas established by the Secretary under the Public Health Service Act. Establishes a National Health Security Advisory Council. Authorizes the Advisory Council to appoint professional or technical committees to assist in its functions. Directs the Board to appoint regional and local advisory councils and professional and technical advisory committees. Provides for the participation of appropriate State agencies in the administration of the Health Security program. Specifies responsibilities of the Board. Authorizes the Board, with the advice and assistance of the Commission on the Quality of Health Care, to issue and review regulations assuring the quality of care furnished under this Act. Provides for monitoring of such services by a Professional Standards Review Organization. Directs the Board to establish continuing education requirements for physicians, dentists, optometrists, and podiatrists. Sets forth conditions under which major surgery and other specialized services designated in regulations are covered under this program. Establishes the positions of a Deputy Secretary of Health and Human Services and an Under Secretary for Health and Science. Authorizes appropriations for the purposes of this title. Declares that no provision of this Act shall alter any contractual obligation of an employer to provide health services to his employees and their dependents. Title II: Health Security Taxes - Amends the Internal Revenue Code to convert the existing Medicare hospital insurance payroll taxes into Health Security taxes, and raises the rates to one percent on employees and 3.5 percent on employers. Excludes from the gross income of employees, for income tax purposes, payment by their employers of part of the Health Security taxes on employees. Converts the existing Medicare self-employment tax into a Health Security self-employment tax, raising the rate to 2.5 percent. Adds a new 2.5 percent tax on health security unearned income (unless such income is less than $400 a year), subject to the same maximum on taxable income as is applicable to the employee and self-employment taxes. Denies tax deductions for services covered by this Act. Title III: Commission on the Quality of Health Care - Amends the Public Health Service Act to establish in the Department of Health and Human Services a Commission on the Quality of Health Care, with the primary responsibilities of: (1) initiating and continuing development of methods of assessing the quality of health care furnished under this Act; and (2) submitting to the Secretary and the Health Security Board appropriate findings and recommendations. Directs the Commission to give special consideration to care furnished for those illnesses and conditions which have a relatively high incidence in the population and which are relatively amenable to medical or other care. Title IV: Repeal or Amendment of Other Acts - Makes conforming and technical amendments to specified Acts. Repeals the Medicare program. Provides that after the effective date of benefits received under this Act no State shall be required to furnish any service covered under Health Security as a part of its State plan for participation under Medicaid. Title V: Studies Related to Health Security - Directs the Secretary, in consultation with the Secretary of State and the Secretary of the Treasury, to study the practicability of extending the coverage of health services for U.S. residents in other countries. Directs the Secretary to study the means of coordinating the Federal health benefit programs for merchant seamen and Indians and Alaskan Natives, veterans, and members of the armed forces with the Health Security benefit program.
United States · United States Congress · 3 January 1989
Amends title XVIII (Medicare) of the Social Security Act to require the governing boards of hospitals and skilled nursing facilities having an average duration of stay of more than 30 days to establish written policies guaranteeing specified rights of patients, including: (1) information on services and charges; (2) information on and participation in medical treatment; (3) conditions of transfer or discharge; (4) grievances; (5) management of personal financial affairs; (6) freedom from abuse and restraints; (7) confidentiality of records; and (8) freedom of association. Directs the Secretary of Health and Human Services to establish civil penalties for the violation of such rights. Sets forth provisions concerning the processing and investigation of complaints arising from such violations.
United States · United States Congress · 3 January 1989
Organ Transplant Assistance Act of 1989 - Amends the Internal Revenue Code to allow taxpayers to indicate on their income tax returns their election to include a cash contribution of at least one dollar, to be used for organ transplant assistance. Establishes in the Treasury the National Organ Transplant Assistance Trust Fund to receive such amounts designated on tax returns. Establishes a program through which Trust Fund monies will be used to finance grants to health care facilities where organ transplants are performed to assist them in providing transplants for individuals unable to afford them. Sets forth general criteria to govern these grants.
United States · United States Congress · 3 January 1989
Amends the National Traffic and Motor Vehicle Safety Act of 1966 to require each motor vehicle manufacturer to provide the Secretary of Transportation with all motor vehicle warranty and repair information that the manufacturer provides to its dealers. Requires the Secretary to make such information readily available to the public through the Auto Safety Hotline. Subjects a manufacturer failing to provide such information to a civil penalty and injunctive action.
United States · United States Congress · 3 January 1989
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to remove the limitation on the amount of outside income which a beneficiary may earn without incurring a reduction in benefits.
United States · United States Congress · 3 January 1989
Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to provide that the combined earnings of a married couple which are attributable to the period of their marriage shall be shared equally between them for purposes of determining the eligibility for and amount of OASDI benefits to which each spouse is or may become separately entitled. Credits the survivor of the marriage with 100 percent of the combined total wages for the period of the marriage. Declares that this Act shall not apply in specified cases where it would result in a reduction of OASDI benefits.
United States · United States Congress · 3 January 1989
Amends the Federal Unemployment Tax Act to institute discretionary denial of unemployment benefits between academic terms to employees serving educational institutions in nonprofessional positions. (Under current law denial is mandatory.)
![Official portrait of Rep. Roe, Robert A. [D-NJ-8]](https://www.congress.gov/img/member/r000383_200.jpg)