United States · United States Congress · 7 February 1989
Veterans' Health-Care Programs Amendments of 1989 - Title I: Personnel Provisions - Directs the Secretary of Veterans Affairs to provide special pay for nurses (as is currently provided to physicians and dentists) in a specified amount (depending on full- or part-time employment) upon the execution of a written agreement to complete a specified period of service with the Veterans Health Services and Research Administration of the Department of Veterans Affairs. Directs the Secretary, in addition to such special pay, to provide incentive special pay to Department nurses for: (1) tenure of service within the Administration of two years or more but less than five years; (2) tenure of service within the Administration of five years or more: (3) service in intensive care units, critical care units, emergency rooms, operating rooms, or in nursing specialties for which recruitment and retention of qualified nurses is difficult; (4) service in a specific geographic location in which it is especially difficult to recruit and retain qualified nurses; and (5) service in a head nurse position. Directs the Secretary to provide such incentive special pay, under the same criteria, for eligible part-time nurses employed in the Administration. Provides that the agreement required for the payment of special pay may only be entered into if the nurse is a registered nurse and an employee of the Administration whose duty assignments involve direct patient care. Provides specified amounts (per annum) of such special incentive pay for qualified nurses within the Administration. Extends premium pay for nurses for work performed during certain hours or for overtime work to licensed practical or vocational nurses and nurse assistants of the Administration. Excludes Administration employees appointed and paid under general Federal provisions governing appointments in the competitive service from any Federal veterans' benefits provisions limiting employment outside of the Department. Includes nurses who are retired military personnel and who are necessary to meet emergency employment needs in the category of Administration personnel who are exempt from reductions in retirement pay under Federal provisions regarding pay administration in the competitive service. Authorizes the Secretary, upon the recommendation of the Chief Medical Director of the Department, to appoint qualified individuals in the competitive civil service to the Administration without regard to Federal provisions regarding examination, certification, and appointment in the competitive service. Requires the Secretary to apply the principles of preference for hiring established under such Federal provisions. Title II: Health Program Amendments - Extends permanently the authority of the Secretary to provide respite care services to eligible veterans. (Currently, such authority expires as of the end of FY 1989.) Extends through FY 1992 the authority for the making of grants to States for the construction of State nursing home facilities. Amends the Veterans' Home Loan Program Improvements and Property Rehabilitation Act of 1987 to convey to employers who employ veterans participating in a compensated work therapy program real property and improvements for not less than 75 percent of the fair market value of such property. Rescinds a Department medical regulation relating to the use of community nursing home facilities. Title III: Health-Care Management - Directs the Secretary, during FY 1990 and 1991, to carry out a pilot program in one medical region of the Administration for an improved management system for amounts payable to the United States from programs administered by the Administration. Requires the Secretary to develop an automated program to carry out billing and collection of fees. Sets forth the requirements of such program and the allocation of amounts received by the Department through such program. Provides that the amounts retained and allocated shall be used for: (1) pay and other personnel benefits to enhance the recruitment and retention of Administration health-care employees; and (2) the supplementing of medical equipment accounts of medical centers at which such accounts are deficient. Authorizes appropriations. Makes military dependents who are eligible for medical care under Federal armed forces provisions eligible for health care under sharing agreements for health-care resources between the Department and the Department of Defense. Requires the Secretary, by October 1, 1989, to compile a list of individuals eligible for medical care under veterans' benefits provisions relating to survivors and dependents of certain veterans. Provides that the Secretary may pay benefits only to persons on such list. Directs the Secretary, no later than October 1, 1989, to establish a procedure for the periodic review of the need for, and the cost-effectiveness of, such medical care. Requires the Inspector General of the Department to report to the Senate and House veterans' committees on the Secretary's compliance with the establishment of such list and the procedures of such review. Directs the Secretary to study alternative methods for providing for the costs of such medical care and to report such study to the Congress. Authorizes appropriations. Prohibits the Department canteen service from contracting for the performance by any individual not employed by the United States of any activity that would otherwise be performed by an individual employed by the United States who is compensated with nonappropriated funds. Declares that the head of such service may not be required to report to any Department official other than the Secretary and the Deputy Secretary.
United States · United States Congress · 7 February 1989
Social Security Transitional Benefit Computation Act of 1989 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to alter the formula for computing the primary insurance amount of individuals who attain age 65 in or after 1982 and would otherwise be subject to the benefit computation rules of the Social Security Amendments of 1977. Extends the application of such transitional benefit computation rules to those who become eligible for benefits before 1989. (Currently those who become eligible after 1983 are subject to the benefit computation rules of the Social Security Amendments of 1977.)
United States · United States Congress · 7 February 1989
Volunteer Protection Act of 1989 - Prescribes circumstances under which volunteers working for nonprofit organizations or government entities shall be immune from personal financial liability for acts on behalf of the organization or entity. Sets forth exceptions to and conditions on the granting of such immunity that a State may impose. Requires the Secretary of Health and Human Services to increase by one percent the fiscal year allotment which would otherwise be made to a State to carry out the Social Services Block Grant Program under title XX of the Social Security Act if such State has, within two years, certified to the Secretary that it has enacted a State law which provides such immunity. Provides for the continuation of such increase based on an annual recertification.
United States · United States Congress · 7 February 1989
Designates July 27, 1989, as National Korean War Veterans Recognition Day and expresses the gratitude of the Congress and the Nation for the contributions made by the Korean War veterans.
United States · United States Congress · 6 February 1989
American Heritage Trust Act of 1989 - Title I: American Heritage Trust - Establishes the American Heritage Trust, comprised of the Land and Water Conservation Fund and the Historic Preservation Fund, to provide funding for the preservation of America's natural, historical, cultural, and outdoor recreational areas. Title II: Land and Water Conservation Fund - Amends the Land and Water Conservation Fund Act to require the Secretary of the Treasury to invest a portion of the Land and Water Conservation Fund in public debt securities. Requires that the interest from such investments be used for the preservation of the Nation's recreational areas. Requires any excess interest to be credited to the Treasury. Sets forth a formula for the allocation of such interest income to the Federal Government and the States. Sets forth specified requirements with respect to the apportionment of such income to local and State governments, Indian tribes, and Alaska Native Village Corporations. Title III: Historic Preservation Fund - Amends the National Historic Preservation Act to extend the Historic Preservation Fund through 2015. Requires the Secretary of the Treasury to invest a portion of such Fund in public debt securities. Requires that the interest from such investments be used for the preservation of historic sites. Provides for allocation of a percentage of annual appropriations for State historic preservation trust funds. Title IV: Miscellaneous Provisions - Requires the owner of any site that benefits from moneys derived from the American Heritage Trust to install a sign indicating that fact. Requires the Secretary of the Interior, within 18 months after enactment of this Act, to provide for a contest for elementary or secondary school children for the design of a symbol to represent such Trust and for use in such signs.
United States · United States Congress · 6 February 1989
Medicaid Community and Facility Habilitation Services Amendments of 1989 - Title I: Community Habilitation and Supportive Services - Amends title XIX (Medicaid) of the Social Security Act to authorize States to cover community habilitation and supportive services for individuals with mental retardation or related conditions without regard to whether or not such individuals have been discharged from a nursing or habilitation facility. Defines community habilitation and supportive services as services which assist individuals in developing and maintaining the skills necessary to function successfully in a home or community-based setting. Requires that community habilitation and supportive services be provided to each client in accordance with an individual service plan prepared and periodically reviewed and revised by an interdisciplinary team on the basis of a comprehensive functional assessment of a client's needs conducted before his or her receipt of services and at least annually thereafter. Requires that such services meet minimum requirements, to be developed by the Secretary of Health and Human Services, regarding client rights and service quality. Makes the requirements imposed on habilitation facilities (under title II of this Act) regarding patient's rights and facility safety and sanitation applicable to residential settings in which community habilitation and supportive services are provided. Requires that residential settings: (1) disclose persons having an ownership or control interest in the setting; and (2) exclude a person from such interest if he or she has been excluded from the Medicaid program or had an interest in a residential setting repeatedly found to have provided substandard care. Requires a habilitation facility which converts to a residential setting to continue to provide continuous active treatment to residents who required such treatment at the time of conversion. Requires a residential setting to document a client's receipt of medical services. Makes the: (1) Secretary responsible for certifying that State providers of community habilitation and supportive services and residential settings in which such services are provided comply with Medicaid requirements; and (2) States responsible for certifying that other providers of and residential settings for such services comply with Medicaid requirements. Requires each State to: (1) conduct periodic educational programs for the staff and clients in residential settings for community habilitation and supportive services regarding requirements imposed on such setting; and (2) provide, through the State agency responsible for the certification of such providers and residential settings, for the receipt, review, and investigation of allegations of client neglect and abuse and of misappropriation of client property by providers. Requires that such providers and settings be certified annually. Bases residential setting certification on an annual, unannounced survey. Directs the Secretary to: (1) develop a protocol for conducting surveys; and (2) conduct sample surveys of residential settings, within two months of State surveys, to test the adequacy of State surveys. Authorizes the Secretary to conduct a special survey of a setting or a review of the provider when there is reason to question its compliance with this Act. Prohibits the use of surveyors who have an interest in the provider or setting being surveyed or have not completed a training and testing program approved by the Secretary. Requires States and the Secretary to investigate complaints against providers or settings concerning violations of this Act's requirements. Requires that: (1) certain information regarding providers and settings and their compliance with this Act's requirements be made available to the public; and (2) the State agency responsible for the protection and advocacy system for the developmentally disabled and the guardians of clients be notified of a provider's or setting's noncompliance with this Act's requirements. Gives State Medicaid fraud and abuse control units access to provider or setting survey and certification information. Requires that when the Secretary or State determines that a provider's or setting's deficiencies immediately jeopardize the client's health and safety, immediate action be taken to remove the jeopardy and correct the deficiencies or the provider's or setting's participation in Medicaid be terminated. Directs the Secretary and States to apply certain other remedies where the health and safety of clients are not immediately jeopardized. Requires the imposition of civil money penalties against providers and settings which are, or are found to have been, out of compliance with any of this Act's requirements. Sets forth the Secretary's responsibilities relating to community habilitation and supportive service requirements. Eliminates the restriction of the Medicaid waiver for community habilitation services to individuals who have been discharged from a skilled nursing or intermediate care facility. Directs the Secretary to report to the Congress annually on the extent to which providers and residential settings are complying with this Act's requirements and the number and type of enforcement actions taken by the Secretary and the States. Title II: Quality Assurance for Habilitation Facility Services - Defines a "habilitation facility" as an institution primarily engaged in providing health or habilitation services to individuals with mental retardation or related conditions and not primarily for the care and treatment of mental diseases. Sets forth requirements for habilitation facilities, including requirements that such facilities: (1) promote maintenance or enhancement of the quality of life, independence, productivity, and integration into the community of each client; (2) provide continuous active treatment which is coordinated and monitored by a qualified mental retardation professional; (3) provide such treatment in accordance with an individual program plan prepared and periodically reviewed and revised by an interdisciplinary team of professionals on the basis of an assessment of a client's developmental and behavioral management needs conducted upon the client's admission and at least annually thereafter; (4) not admit any new client with mental retardation or a related condition on or after January 1, 1991, unless the State mental retardation or developmental disability authority has determined on the basis of an evaluation performed independently of the facility that the individual requires habilitation facility services; (5) provide physician services 24 hours a day, annual physical examinations, licensed nursing services, comprehensive dental diagnostic and treatment services, routine and emergency drugs and biologicals, professional program services to implement each client's active treatment plan, and meal services; (6) require a physician's supervision of each patient's care, have a physician available to furnish emergency medical care, and maintain clinical records on all clients; (7) protect specified client rights, including the right to appeal a transfer or discharge and receive post-discharge preparation and planning services; (8) provide applicants and residents with information regarding the Medicaid program and not require applicants to waive their rights to such benefits or have a third party guarantee payment to the facility as a condition of their admission; (9) protect a client's personal funds upon the client's authorization and teach clients to manage their funds to the extent of their capabilities; (10) adopt certain measures to preserve facility safety and sanitation; and (11) meet such other conditions which the Secretary of Health and Human Services deems necessary for client health and safety. Sets forth the Secretary's responsibilities relating to habilitation facility requirements. Makes the Secretary responsible for certifying that State habilitation facilities comply, and States responsible for certifying that other habilitation facilities comply, with Medicaid habilitation facility requirements. Requires each State to: (1) conduct periodic educational programs for habilitation facility staff and clients regarding the requirements imposed on such facilities; and (2) provide, through the State agency responsible for the certification of habilitation facilities, for the receipt, review, and investigation of allegations of client neglect and abuse and of misappropriation of client property by facility staff. Bases habilitation facility certification on an annual, unannounced survey. Directs the Secretary to: (1) develop and test a protocol for conducting surveys; (2) establish minimum qualifications for surveyors and train them in survey and certification techniques; and (3) conduct sample surveys of habilitation facilities, within two months of State surveys, to test the adequacy of State surveys, and reduce Federal payments for State Medicaid administrative costs if such State surveys prove inadequate. Authorizes the Secretary to conduct a special survey of a facility when there is reason to question its compliance with this Act. Requires States and the Secretary to investigate complaints against a facility and monitor the compliance of a facility with this Act's requirements if the facility was previously found out of compliance or the State or Secretary has reason to question its compliance. Requires that: (1) certain information regarding habilitation facilities and their compliance with this Act's requirements be made available to the public; (2) the State agency responsible for the protection and advocacy system for the developmentally disabled and the guardians of facility clients be notified of a facility's noncompliance with this Act's requirements; and (3) survey results be posted in a place that is readily assessible to clients. Gives State Medicaid fraud and abuse control units access to facility survey and certification information. Requires that when the Secretary or a State determines that a habilitation facility's deficiencies immediately jeopardize residents' health and safety, immediate action be taken to remove the jeopardy and correct the deficiencies or such facility's participation in Medicaid be terminated. Directs the Secretary and States to apply certain other remedies where the health and safety of facility residents are not immediately jeopardized. Authorizes the imposition of civil money penalties against facilities found to be in compliance with this Act's requirements but to have been out of compliance previously. Provides that if a facility is out of compliance with any of this Act's requirements three months after having been found out of compliance with such requirements or on three consecutive annual surveys, Medicaid payments for newly admitted residents shall be denied, civil monetary penalties assessed and collected, and, in the latter case, on-site monitoring of the facility's compliance shall be established. Provides that when a facility is found to have deficiencies relating to the facility's physical plant that do not immediately jeopardize the health or safety of its clients, the State may submit to the Secretary a written plan for permanently reducing the number of certified beds in such facility within 36 months of such finding and providing services, including community habilitation and supportive services, to clients who thereby cease to receive facility services. Requires that Medicaid-eligible clients be given the option of retaining facility services. Requires the Secretary to report to the Congress annually on the extent to which habilitation facilities are complying with this Act's requirements and the number and type of enforcement actions taken by States and the Secretary. Title III: Appropriate Placement for Individuals with Mental Retardation or Related Condition - Requires that State mental retardation or developmental disability authorities conduct preadmission and annual reviews of habilitation facility applicants and residents with mental retardation or related conditions to determine whether they require facility services or community habilitation and supportive services. Directs that such preadmission and annual reviews be conducted in accordance with criteria to be developed by the Secretary by July 1, 1990. Requires States to provide community habilitation and supportive services for facility clients who need such services but no longer need habilitation facility services. Requires States to establish an appeals procedure for individuals adversely affected by such preadmission and annual reviews. Eliminates existing utilization review and penalty provisions directed at the provision of services in an intermediate care facility for the mentally retarded. Title IV: Payment for Community Habilitation Services and Habilitation Facility Services - Covers the reasonable and adequate costs of community habilitation and supportive services and habilitation facility services. Prohibits Medicaid reimbursement of providers or facilities for civil monetary penalties imposed pursuant to this Act. Title V: Employee Protections and Miscellaneous - Provides employment protections for employees affected by habilitation facility closures or capacity reductions occurring after this Act's enactment. Authorizes States to assign specific management functions relating to the provision of Medicaid services to individuals with mental retardation or related conditions to State agencies responsible for developmentally disabled individuals.
United States · United States Congress · 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
Social Security Administrative Reform Act of 1989 - Title I: Establishment of the Social Security Administration - Amends title VII (Administration) of the Social Security Act to establish as an independent executive agency a Social Security Administration, headed by a Social Security Board. Provides that it shall be the duty of the Administration to administer the programs established by titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVI (Supplemental Security Income) (SSI) of the Social Security Act. Requires the Board to study and make recommendations as to the most effective methods of providing economic security through social insurance and supplemental security income, and as to legislation and matters of administrative policy. Establishes in the Administration: (1) an Executive Director; (2) a Deputy Director of Social Security; (3) a General Counsel; (4) an Inspector General; and (5) an Office of the Beneficiary Ombudsman, to be headed by a Beneficiary Ombudsman who shall represent the interests of beneficiaries under the OASDI and SSI programs within the Administration. Requires the annual report of the Board to include a description of the activities of the Beneficiary Ombudsman. Requires the Board to make annual budgetary recommendations relating to the Administration. Requires that appropriations requests by the Administration for staffing and personnel be based upon a comprehensive workforce plan as established by the Board. Provides for the apportionment of administrative costs. Requires the annual report of the Board to include a section reflecting the use of budget authority provided to the Administration. Requires that authority for automated data processing procurement and facilities construction be provided in the form of contract authority covering the total cost of such acquisitions. Makes amounts needed for the liquidation of contract authority so provided available from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund to the extent that such amounts are not needed to meet current obligations for benefit payments. Requires the Board to cause a seal of office to be made and judicial notice taken thereof. Requires the establishment of demonstration projects involving the delegation of authority from the Office of Personnel Management and the General Services Administration to the Board. Provides for the transfer to the Administration of all functions carried out by the Secretary of Health and Human Services with respect to the programs and activities to be carried out by the Administration under this Act. Abolishes the position of Commissioner of Social Security in the Department of Health and Human Services. Title II: Conforming Amendments and Rules of Construction - Requires the Secretary and the Board to report to the Congress within 120 days after the beginning of each regular session on their administration under this Act. Requires the Secretary to study and make recommendations on the most effective methods of providing economic security and on the administrative policy for the programs. Directs the Board to appoint, quadrennially, an Advisory Council on the Old-Age, Survivors, and Disability Insurance Program and an Advisory Council on Health and Supplementary Medical Insurance to review the relation of the trust funds supporting the OASDI and Medicare programs and the long-term commitments of those programs. Requires each council to submit a report to the Board for transmittal to the Congress and the Board of Trustees of each Trust Fund.
United States · United States Congress · 2 February 1989
Community Revitalization Tax Act of 1989 - Amends Internal Revenue Code income tax accounting rules to treat rehabilitation investment credits and low-income housing credits as credits not derived from passive activities. Revises the limitation on the general business credit to allow a maximum annual credit equal to the first $20,000 of an individual taxpayer's income tax liability plus 80 percent of any excess liability.
United States · United States Congress · 2 February 1989
Extends regards to the people of France on the occasion of the bicentennial of Bastille Day. Urges the people of the United States to observe the bicentennial on July 14, 1989. Finds that France and the United States remain committed to the principles of the Declaration of the Rights of Man and of the Citizen and the Bill of Rights.
United States · United States Congress · 31 January 1989
Northern Ireland Fair Employment Practices Act - Prohibits an article from being imported into the United States from Northern Ireland unless documentation is presented at the time of entry indicating that the enterprise which manufactured or assembled such article complied at the time of manufacture with certain fair employment principles (such as freedom from religious discrimination). Bases such principles on the MacBride Principles, a nine point set of guidelines for fair employment in Northern Ireland. Requires any U.S. person who has a branch or office in Northern Ireland or who controls an enterprise in Northern Ireland in which more than 20 people are employed to insure implementation of such employment principles and compliance with this Act. Requires reports to the Secretary of Commerce on compliance with this Act. Sets forth the fair employment principles. Authorizes the President to waive the requirements of this Act in the interest of national security. Requires such waiver to become effective 90 days after the President submits a justification of such waiver to the Congress unless the Congress adopts a joint resolution disapproving the waiver. Provides for expedited consideration of such resolution.
United States · United States Congress · 31 January 1989
Amends the Internal Revenue Code to allow an income tax deduction for interest on any indebtedness incurred to pay the educational expenses of the taxpayer, spouse, or dependent. (Under current law, such a loan must be secured by an interest in real property.)
United States · United States Congress · 31 January 1989
Protect Medicare 90 Concurrent Resolution - Expresses the sense of the Congress that Medicare (title XVIII of the Social Security Act) hospital payments for FY 1990 should not be reduced below levels set by current law for such fiscal year.
United States · United States Congress · 27 January 1989
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
Adolescent Tobacco Education and Prevention Act - Amends the Drug-Free Schools and Communities Act of 1986 to include instruction relating to the use of tobacco products as an activity under drug and alcohol abuse prevention and education programs. Requires such instruction to include: (1) the variety of tobacco products available; (2) the physical and psychological effects on the human body of the inhalation of tobacco smoke, ingestion of tobacco products, and any other use of tobacco products; (3) the addictive nature of such products; and (4) the connection between use of tobacco products and other forms of substance abuse, specifically use of marijuana and alcohol abuse. Prohibits the sale of tobacco products to any person under the age of 18 or such other age as a State may establish. Requires such products to be sold over-the-counter by the legal owner, proprietor, or designated employee of an establishment. Requires the posting of a conspicuous sign in such establishment which states that the sale of cigarettes to minors is prohibited. Establishes fines for violations.
United States · United States Congress · 27 January 1989
Constitutional Amendment - Declares that the right to life is the paramount and most fundamental right of a person. Defines "person" to include the unborn for the purpose of the right to life guarantee. States that nothing in this article shall prohibit a law allowing medical procedures required to prevent the death of either the pregnant woman or the unborn offspring.
United States · United States Congress · 24 January 1989
Repeals provisions of the Tax Reform Act of 1986 that establish nondiscrimination requirements for coverage and benefits under certain statutory employee benefit plans. (The consequence is the repeal of section 89 of the Internal Revenue Code.)
United States · United States Congress · 24 January 1989
Declaration of Personhood Act - Declares that all human beings, from the moment of conception and without regard to age, health, or condition of dependency, are persons entitled to the guarantees contained in the fifth, 13th, and 14th amendments to the Constitution. Prohibits abortion.
United States · United States Congress · 24 January 1989
Preborn Children's Civil Rights Act of 1989 - Prohibits the use of Federal funds to perform, promote, or do research on any procedure to take the life of a preborn child (except for medical procedures required to prevent the death of either the pregnant woman or her preborn child). Prohibits the Federal Government from entering into any contract for insurance which provides for payment or reimbursement for abortion services. States that no institution receiving Federal financial assistance shall: (1) discriminate against any employee, applicant, or student on the basis of that person's opposition to abortion; or (2) require any employee or student to participate, directly or indirectly, in abortion procedures, counseling, or an insurance program which includes abortion coverage. States that attorney's fees shall not be allowed in any civil action involving a law prohibiting or restricting abortions. Provides for Supreme Court review of lower court decisions which declare State and local anti-abortion statutes unconstitutional.
United States · United States Congress · 24 January 1989
Human Fetal Tissue Transportation Act of 1989 - Prohibits interstate importation, exportation, or transportation of human fetal tissue, except as permitted under this Act. Requires any person who transports such tissue to notify the Secretary of Health and Human Services (Secretary) semiannually of each such transportation, with specified information. Requires the Secretary to establish regulations restricting or prohibiting interstate importation, exportation, or transportation of human fetal tissue and the operation of human fetal tissue storage facilities as necessary to protect the public health or promote the general welfare. Prohibits operation of a human fetal storage facility, except with a license issued under this Act. Requires the Secretary to issue or renew such license for any organization which meets the requirements of this Act. Authorizes the Secretary to limit, suspend, or revoke any license for material misrepresentations, failure to provide certain information, or failure to comply with regulations. Authorizes the Secretary to conduct investigations or inspections necessary to carry out this Act. Requires the Secretary to furnish the Attorney General information indicating noncompliance with this Act. Establishes penalties of fines or imprisonment for violations of this Act. Declares that this Act shall not affect any provision of State law, except to the extent such law is inconsistent with this Act, and then only to the extent of the inconsistency. Defines "human fetal tissue" to be matter yielded by an aborted human pregnancy and any biochemical product derived from such matter.
United States · United States Congress · 24 January 1989
Tax Exemption Equity Act of 1989 - Amends the Internal Revenue Code to deny tax-exempt status to organizations that directly or indirectly perform or finance abortions. Denies the income, estate, and gift tax charitable contribution deductions for donations to them.
United States · United States Congress · 20 January 1989
Child Protection Act of 1989 - Amends the Racketeer Influenced and Corrupt Organizations (RICO) statute to extend its coverage to the sexual exploitation of children. Allows any person injured personally or in his business or property by such violations to bring a civil suit for treble damages. Amends the Federal criminal code to require a mandatory life sentence in kidnapping offenses involving the murder of a minor. Establishes mandatory minimum sentences for the sexual exploitation of minors. Provides that the period of any applicable limitation for the commencement of prosecution for certain offenses involving the sexual exploitation of children shall not begin until the child has reached the age of 18 years. Directs the Attorney General to submit a report to the Congress detailing possible changes in the Federal Rules of Evidence, the Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure, and other procedures which would facilitate the participation of child witnesses in cases involving child abuse and sexual exploitation. Directs the Attorney General to modify the classification system used by the National Crime Information System and the Federal Bureau of Investigation with respect to offenses involving the sexual exploitation of children by: (1) including the age of the victim and the relationship of the victim to the offender; and (2) using a uniform definition of a child.
United States · United States Congress · 20 January 1989
Amends the Internal Revenue Code to allow an individual taxpayer a refundable income tax credit, in an amount based on adjusted gross income (minimum credit of $150), for each dependent below the age of compulsory school attendance in the State where the taxpayer resides. Sets the maximum credit amount as the total employee tax withheld from the taxpayer's wages during the year under the Federal Insurance Contributions Act. Disallows application of the nonrefundable dependent care income tax credit with respect to a taxpayer's dependents under age 13, unless the child is physically or mentally incapable of self-care.
United States · United States Congress · 19 January 1989
Aircraft Noise Reduction Act of 1989 - Directs the Administrator of the Federal Aviation Administration to transmit to the Congress and to the State of New Jersey a comprehensive plan for reducing noise resulting from airport operations in the States of New York and New Jersey. Directs the Administrator to enter into an agreement with the Secretary of Defense to increase air-carrier use of special-use air space over the Atlantic Ocean which is not being used by military aircraft. Directs the Administrator to issue an environmental impact statement on certain air route changes in the areas of Los Angeles and Chicago. Requires the Administrator to hold public hearings in the geographic areas affected by comprehensive air route changes. Requires the Secretary of Transportation to report to the Congress on: (1) recommendations of certain advisory committees established to develop a national policy on reducing noise resulting from airport operations; and (2) recommendations concerning the phaseout and termination date of the commercial fleet of Stage II aircraft.
United States · United States Congress · 19 January 1989
Department of Environmental Protection Act - Redesignates the Environmental Protection Agency as the Department of Environmental Protection, an executive department to be administered by a Secretary of Environmental Protection appointed by the President.
United States · United States Congress · 19 January 1989
Information Dissemination and Research Accountability Act - Establishes in the National Library of Medicine a National Center for Research Accountability to assist in eliminating duplication of effort in Federal research proposals involving live animals. Prohibits Federal agencies from carrying out or funding any research proposal involving live animals unless the proposal is submitted to the Center following agency approval. Prohibits Federal funding of any proposal the Center determines would duplicate other research completed or in process. Authorizes the Center to contract with private entities to assist in conducting comprehensive full-text literature searches. Directs the Center to report annually to the President and the Congress. Provides for modernization of biomedical information storage and dissemination by the National Library of Medicine. Authorizes the Library to award contracts to the private-sector data recording industry to improve: (1) the development of technologies for storage and dissemination of full-text biomedical information; and (2) dissemination of such information to medical libraries for research use. Requires the Library to report annually to the Congress on its progress. Authorizes appropriations for FY 1986 and thereafter.
United States · United States Congress · 19 January 1989
Condemns the Soviet occupation of Afghanistan. Holds the Soviet-backed Afghan regime responsible for continuing human rights abuses. Calls for: (1) a halt to the placement of lethal weapons in the Afghan countryside; (2) the withdrawal of all Soviet forces from Afghanistan by February 15, 1989; (3) restoration of a freely chosen Afghan Government; (4) close scrutiny by the international community of human rights abuses in Afghanistan; and (5) continued support of the Afghan people through the provision of material if Soviet forces are not withdrawn.
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 · 3 January 1989
Local Rail Service Reauthorizing Act - Amends the Department of Transportation Act with respect to local rail service assistance to authorize appropriations for FY 1988 through 1991. Decreases the Federal share of rail service assistance program costs from 70 percent to 50 percent. Provides that the Federal share of costs to rehabilitate rail properties for the purpose of facilitating rail freight service shall be 70 percent. Modifies the eligibility criteria for Federal assistance to States for rail freight financial assistance programs to allow the Interstate Commerce Commission to exempt certain rail line abandonments or service discontinuances from the current requirement that they be specifically authorized by the Commission. States that, effective October 1, 1988, all funds appropriated for State rail service assistance, with specified exceptions, shall be available to the Secretary of Transportation for rail service assistance projects meeting specified requirements. Reduces from $100,000 to $36,000 the amount of funds to which a State is entitled for its rail plan implementation. Directs the Secretary to: (1) establish procedures to ensure that funds for rail service assistance projects are distributed by April 1 of the fiscal year for which they are appropriated; and (2) report to the Congress on the status of funds which are not distributed by such date.
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 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
Congressional Pay Reform Act of 1987 - Amends the Legislative Reorganization Act of 1946 to specify that pay adjustments for Members of Congress shall become effective on March 1 following the beginning of the next Congress after the Congress during which such adjustment is approved. Amends the Federal Salary Act to require the President to transmit to the Congress, within a specified time period, recommendations for rates of pay of Members of Congress and legislative and judicial employees. (Currently such recommendations are included in the Federal budget.) Prohibits the House of Representatives and the Senate from considering any bill or joint resolution carrying an appropriation for compensation of Members of Congress for any fiscal year if it carries an appropriation, or a limitation of appropriations, for any other purpose. Requires a recorded vote on such bill or resolution.
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
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.
![Official portrait of Rep. Smith, Christopher H. [R-NJ-4]](https://www.congress.gov/img/member/s000522_200.jpg)