United States · United States Congress · 1 March 1989
Amends the Internal Revenue Code to extend through 1992 the period during which qualified mortgage bonds and mortgage credit certificates may be issued. (Under current law, authority for these programs is due to expire as of 1990.)
United States · United States Congress · 28 February 1989
Milk Marketing Supply Management Act of 1989 - Amends the Agricultural Act of 1949 to direct the Secretary of Agriculture to conduct two referendums (one for 1990, the other for 1991 and 1992) among milk producers to determine whether to implement an alternative milk price support program for the respective periods based on individual milk marketing bases and a 70 percent of parity support level. Directs the Secretary, prior to the beginning of 1996, to conduct a study of the economic impact of this Act and such alternative price support system. Continues such system beyond calendar year 1995 unless the Congress disapproves it, by joint resolution, prior to July 1, 1995. Sets the support level at 75 percent of the parity price if the Congress disapproves such system.
United States · United States Congress · 28 February 1989
Amends the Federal Cigarette Labeling and Advertising Act to require that cigarettes and cigarette advertising bear a label stating the addictive quality of nicotine.
United States · United States Congress · 28 February 1989
Radio License Renewal and Improvements Act of 1989 - Amends the Communications Act of 1934 to direct the Federal Communications Commission, with respect to applications for radio license broadcast renewals, to grant a renewal if during the preceding term of the license the licensee: (1) has broadcast material responsive to issues of concern to the residents of its service area; and (2) has not committed violations of such Act or the rules or regulations of the Commission, which taken together would constitute a pattern of abuse. Authorizes the Commission to deny a renewal or grant limited renewal if an applicant has failed to meet such requirements. Prohibits the Commission, in evaluating a licensee's performance in broadcasting material responsive to matters of public concern, from establishing or applying any requirement with respect to the broadcast of any specific subject or quantity of material. Directs the Commission to accept the licensee's judgment if found to be reasonable and made in good faith. Prohibits the Commission, in determining whether to renew a license, from considering whether the public interest, convenience, and necessity might be served by granting a license to a competing applicant. Directs the Commission to conduct an inquiry and prescribe any necessary regulations concerning any additional information that licensees should be required to maintain and make available to the public regarding the licensee's responsibility to broadcast material responsive to matters of public concern. Makes it unlawful for a license applicant and any other person, while a license application is pending, to effectuate an agreement whereby the other person withdraws or withholds the filing of a competing application, an informal objection, or a petition to deny in exchange for the payment of anything of value by, or on behalf of, the applicant. Requires the Commission to establish a procedure for the review of informal complaints received by the Commission during the license term of a radio licensee. Authorizes the Commission to consider such complaints at the time of a license renewal if such complaints constitute a pattern of abuse for purposes of this Act or evidence of the licensee's effort to serve the public interest.
United States · United States Congress · 28 February 1989
Commends the Board of Immigration Appeals for its decision to allow Joseph Patrick Doherty to apply for U.S. asylum. Expresses the sense of the Congress that the Attorney General should approve Joseph Patrick Doherty's asylum application and release him on bond pending the application's review.
United States · United States Congress · 27 February 1989
Excludes Agent Orange settlement payments from income or resources in determining eligibility for benefits under any Federal or federally assisted program.
United States · United States Congress · 23 February 1989
Price-Anderson Financial Accountability Amendments of 1989 - Amends the Atomic Energy Act of 1954 to authorize the Attorney General to initiate legal suit to recover indemnification payments made by the Federal Government to a contractor for public liability resulting from the contractor's (or subcontractor's or supplier's) gross negligence or willful misconduct. Precludes the Department of Energy from reimbursing such contractor. Denies such contractor eligibility to receive any Federal contract for a five-year period beginning on the date the recovery is awarded. Requires the Secretary of Energy to: (1) define by rule the term "total contract price"; and (2) renegotiate indemnification agreements upon contractor request during a specified period.
United States · United States Congress · 22 February 1989
Public Pension Parity Act of 1987 - Amends the Internal Revenue Code to exclude from the gross income of an individual amounts received as a pension or annuity under a public retirement system to the extent they are not attributable to services covered under the social security system. Limits the tax exclusion based upon calculations relating to income tax treatment of social security benefits.
United States · United States Congress · 22 February 1989
Global Warming Prevention Act of 1989 - Establishes as national goals: (1) that the amount of carbon dioxide in the atmosphere be reduced from 1988 levels by at least 20 percent by the year 2000 through a mix of Federal and State energy policies; and (2) the establishment of an International Global Agreement on the Atmosphere by 1992. Requires the Secretary of Energy (the Secretary) and the Administrator of the Environmental Protection Agency to report to the Congress within two years regarding whether a higher level of carbon dioxide emissions reduction is desirable after 2000, together with any necessary policy actions and their costs and benefits. Title I: National Least-Cost Energy Plan - Requires the Secretary to prepare for the President, and transmit to the Congress, a new National Least-Cost Energy Plan in lieu of other authorized national energy plans. Directs the Secretary to implement such plan immediately. Outlines a program for public involvement in the formulation of the Plan. Directs the Secretary to establish an intervenor funding mechanism based upon certain State models. Authorizes appropriations for FY 1990 through 1992. Requires designated Secretaries to prepare reports for inclusion in the Plan with respect to: (1) all government subsidies for energy-related expenditures; (2) waste reduction options and recycling; (3) tree plantings to offset carbon dioxide emissions; and (4) transportation modes to reduce carbon-dioxide emissions. Amends the Department of Energy Organization Act to repeal the National Energy Policy Plan. Title II: Energy Efficiency - Part A: Energy Efficiency Policy - Directs the Secretary to grant the highest priority to energy efficiency improvements in: (1) energy-consuming devices; (2) federally owned and leased buildings and equipment; (3) federally assisted housing; and (4) the Federal vehicle fleet. Mandates that the President's budget request for FY 1991 through 1994 include recommendations for the increased efficiency of energy-consuming devices. Directs the Secretary to establish an Energy Research Advisory Board Panel on end-use energy technologies. Requires the Panel to report annually to the Energy Research Advisory Board on its assessment of promising energy efficiency research and development opportunities and policies. Requires the Secretary to submit to the Congress: (1) a long-term research and development plan that accelerates by five years the current Department of Energy multiyear program goals for energy efficiency; and (2) an estimate of the funding increase needed to achieve such accelerated goals. Authorizes appropriations for FY 1991 through 1993. Directs the National Institute of Standards and Technology to provide financial assistance in consultation to ten research centers to achieve multiple improvements in energy-intensive industrial and manufacturing processes. Sets forth an operations timetable for such centers. Authorizes appropriations for such centers for FY 1991 through 1993. Directs the Secretary to: (1) establish energy efficiency goals resulting in specified primary energy savings for federally owned or leased buildings, as well as federally assisted housing; and (2) include the use of renewable forms of energy within the energy efficiency options for such buildings. Authorizes appropriations for such program for FY 1990 through 1992. Requires the Secretaries of Energy and the Department of Housing and Urban Development to convene a meeting of housing industry members to select a not-for-profit organization to administer a uniform nationwide home energy rating system. Mandates that such organization contract with the Lawrence Berkeley National Laboratory Center for Building Sciences by a certain deadline. Authorizes appropriations for such organization for FY 1990 through 1993. Mandates that certain institutions which offer federally assisted home mortgage loans take measures to encourage cost-effective energy efficiency improvements based upon a home energy audit and rating scheme. Directs the Secretary to promulgate energy efficiency standards for incandescent and fluorescent lamps and windows. Requires the Secretary to: (1) implement a research, development, and demonstration program on technologies to reduce chlorofluorocarbon use; (2) expand the Department of Energy's existing technology transfer initiative on least-cost electric utility planning; and (3) implement a least-cost gas utility initiative. Requires the Secretary of Transportation to: (1) establish an evaluation program regarding car-pooling arrangements and high-occupancy vehicle lanes; and (2) report to the Congress on nonmotorized transportation alternatives, as well as a fuel-savings mass transportation assistance program for State and local governments. Requires such Secretary to report to the Congress on the use of Highway Trust Fund moneys for non-motorized transportation alternatives and for carbon-dioxide emissions reductions. Directs the Federal Energy Regulatory Commission to: (1) take certain prescribed actions to ensure the adoption of least-cost utility planning principles; and (2) detail for the Congress any amendments to the Federal Power Act which are necessary for the Commission to adopt such planning principles. Requires the Secretary of Energy to report to the Congress on the results of a national power survey emphasizing policies and technologies within the electric utility industry which are designed to diminish global warming. Amends the National Energy Conservation Policy Act to repeal the prohibition against the supply or installation by a public utility of a residential energy conservation measure for residential customers. Amends the Public Utility Regulatory Policies Act of 1978 to direct the Federal Energy Regulatory Commission (FERC) to prescribe within one year after the date of enactment of this Act rules encouraging the achievement of qualifying efficiency. Mandates that such rules: (1) require that electric utilities offer to purchase qualifying conservation from qualifying cogeneration or small power production facilities; and (2) provide for the verification of conservation achievement. Prescribes rate guidelines for such electric utilities purchases. Establishes Federal standards for least cost supply measures, and requires State regulatory authorities and nonregulated gas and electric utilities to implement such standards. Title III: State Energy Conservation Program - Amends the Energy Policy and Conservation Act to mandate that each State energy conservation plan which receives Federal assistance contain a goal to reduce by ten percent or more the total amount of energy consumed in such State in the year 2000 from the projected energy consumption for such year as of October 1, 1990. Adds to Federal assistance eligibility prerequisites for proposed State energy conservation plans, including an emergency planning program for energy supply disruption. Cites optional State energy conservation programs. Repeals the mandate for supplemental State energy conservation plans. Authorizes appropriations for energy conservation programs (including those for schools and hospitals) for FY 1990 through 1992. Establishes a State Energy Advisory Board to: (1) review and advise on the programs under this Act; (2) serve as liaison between the States and the Department of Energy on energy efficiency; and (3) report annually to the Secretary and the Congress on its activities. Authorizes the use of loan programs and performance contracting for the non-Federal share of energy conservation project costs under the grant program. Amends the Energy Conservation and Production Act to cite conditions under which the Secretary may approve a State application for a waiver of: (1) the requirement that at least 40 percent of Federal weatherization assistance be used for weatherization materials; and (2) the limitations placed upon expenditures per dwelling unit for weatherization measures. Authorizes appropriations for FY 1991 through 1992 for a weatherization research and technical assistance program which shall include the monitoring of indoor air quality in low-income homes. Title IV: Vehicle Energy Efficiency Improvements - Vehicle Energy Efficiency Performance Standards Act of 1989 - Amends the Motor Vehicle Information and Cost Savings Act to increase the average fuel economy standards for passenger automobiles and light duty trucks for model year 1992 and thereafter according to prescribed guidelines. Exempts manufacturers of fewer than 10,000 light trucks and emergency vehicles from such prescribed standards. Establishes an incentives schedule for manufacturers of passenger automobiles and light trucks. Authorizes the Secretary of Transportation to assess a tax against any manufacturer who fails to comply with the prescribed average fuel economy standards. Terminates the current civil penalty after model year 1989. Prescribes a fleet average fuel economy schedule for all Federal passenger automobiles and light trucks for model years 1992 and thereafter. Amends the Information and Cost Savings Act to require the Administrator of the Environmental Protection Agency to consult with the Secretary of Energy before establishing testing and calculation procedures for measuring automobile fuel economy. Revises from mandatory to discretionary the Administrator's authority to require fuel economy tests in conjunction with emissions tests conducted under the Clean Air Act. Directs the Administrator to measure a sampling of production passenger automobiles for each model type and year during the first month of manufacture for sale. Directs the Administrator to review procedures periodically for testing fuel economy. Directs the Administrator to update the booklet containing fuel economy data at least twice a year. Directs the Secretary of Energy to distribute at least 100 booklets each year to each dealer and additional numbers if requested. Cites conditions under which manufacturers of light vehicles with certain increased fuel economies shall be considered to have offered the Government a specified discounted bid. Directs the Secretary, within two years of enactment of this Act, to submit suggestions to the Congress for additional legislation to carry out its purposes and the purposes of the Motor Vehicle Information and Cost Savings Act. Directs the National Academy of Sciences to report to the Congress on the results of its review of the research and development status of the fuel efficiency and energy consumption reduction of light vehicles, trucks, and passenger vehicles. Directs the Secretary of Energy to make changes in the Department of Energy's transportation research and development program based upon such report. Outlines criteria and procedures for prescribing amended vehicle fuel economy standards. Amends the Internal Revenue Code to prescribe a gas guzzler tax schedule applicable to 1989 and later model year automobiles. Sets forth a tax credit schedule for the purchase of certain fuel efficient passenger vehicles. Title V: Solar and Renewable Resources - Requires the Secretary of Energy to report to the Congress regarding a long-term research, development and demonstration program with policy options necessary to achieve a quadrupling of renewable energy production and use by 2015. Requires the Secretary of Energy to work closely with specified Federal departments regarding the Federal Government's biofuels program, and to report to the Congress on the progress being made in the development of solar and renewable resources. Mandates that the President's budget requests for FY 1990 - FY 1993 include the Secretary of Energy's recommendations for civilian research and development budgets necessary to implement such long-term program. Directs the Secretary to establish an Energy Research Advisory Board Panel on Solar and Renewable Resources and Technologies which shall report annually to the Energy Research Advisory Board regarding the status of the solar and renewable resources program. Authorizes appropriations for FY 1991 through FY 1994 for such program. Mandates that the President's budget request for FY 1991 include the Secretary's recommendations for proof-of-concept or near-commercialization demonstration projects in specified categories. Directs the Secretary to: (1) establish and provide financial assistance to a joint research and development venture to develop advanced district cooling technologies applicable in cities with high cooling loads; and (2) appoint members to an Advisory Committee on Advanced District Cooling Technology to assist in the implementation of such joint venture. Authorizes appropriations for such venture. Directs the Secretary of Energy to implement a research program regarding: (1) fuel cell use of methane gas generated from biomass forms; (2) technologies using renewable energy sources (such as wind and solar energy) to produce hydrogen for fuel cell use; and (3) fuel cell technology for electric power production as backup spinning reserve components to renewable power systems in rural and isolated areas. Authorizes the Secretary to make grants to, and enter into contracts with, private research laboratories. Requires the Secretary to report to the Congress regarding the fuel cell research program. Directs the Secretary to appoint members to an Advisory Committee on Energy Conservation and Renewable Energy Technology Exports to assist in the implementation of such program. Authorizes appropriations for FY 1991 through 1993. Directs the Administrator of the Environmental Protection Agency to prepare Federal guidelines for use by cities and municipalities, specifying environmental and safety standards for the use of fuel cell technology. Requires the Secretary of Commerce to report to the Congress regarding the export market potential for integrated fuel cells systems with renewable power technologies. Requires such Secretary to report to the Congress on the activities of the Committee on Renewable Energy, Commerce, and Trade to promote exports of renewable energy technology. Requires each participating member of such Committee to report annually to the Congress on the Committee actions regarding renewable energy technology exports. Requires the Committee to establish a joint government-industry plan to promote the U.S. market share in international trade in renewable energy technologies, including the development of administrative guidelines for Federal export loan programs. Authorizes appropriations for FY 1991 through 1993. Directs the Committee to coordinate, contract with, and assist financially appropriate parties to build and demonstrate the commercial operation of a biomass gasified steam-injected gas turbine of up to 25 megawatts. Authorizes appropriations and requires a report to the Congress. Title VI: Solar Hydrogen Fuels - Directs the Secretary of Energy to prepare and submit to specified congressional committees a comprehensive five-year program management plan for a research and development program designed to permit the development of a domestic hydrogen fuel production capability within the shortest practicable time. Requires the Secretary to send the Congress annual plan descriptions including any necessary plan modifications. Directs the Secretary to establish such program within the Department of Energy. Gives priority to production techniques that use renewable energy sources as their primary energy sources. Directs the Secretary: (1) to conduct demonstrations to evaluate technical and nontechnical parameters to determine commercial applicability of hydrogen technology; and (2) to prepare a comprehensive large-scale hydrogen technology demonstration plan. Establishes a Hydrogen Technical Advisory Panel of the Energy Research Advisory Board to advise the Secretary on the conduct of the hydrogen program. Requires an annual report from the Panel to the Energy Research Advisory Board, which shall subsequently report to the Secretary. Authorizes appropriations for FY 1991 through 1995. Title VII: Natural Gas and Coal - Part A: Natural Gas - Directs the Secretary of Energy to enter into cooperative agreements with and provide financial assistance to appropriate parties to construct and demonstrate the commercial operation of ten intercooled steam-injected gas turbines for generating electricity. Authorizes appropriations for FY 1991 through 1994. Requires the Secretary to report to the Congress on the implementation of this program. Directs the Secretary to enter into cooperative agreements with and to provide financial assistance to municipal governments to demonstrate the feasibility of using natural gas as a fuel for urban area mass transit. Authorizes appropriations for FY 1991 through 1993. Requires the Secretary to submit a feasibility report to the Congress within nine months after enactment of this Act pertaining to the use of natural gas in diesel-powered vehicles to facilitate compliance with emissions requirements. Part B: Coal - Requires the Secretary, within nine months, to provide the Congress with a comprehensive review of clean coal technologies to be developed in federally-funded projects under the Department of Energy's clean coal technology program. Directs the Secretary to establish and implement research and development technologies for preventing, reducing, recycling, or offsetting carbon-dioxide emissions from combusted coal. Requires the Secretary to report to the Congress on the implementation of such technologies. Authorizes appropriations for FY 1990 through 1992. Title VIII: Forest and Agriculture Policies - Part A: Forest Policies - Directs the Secretary of Agriculture, in cooperation with the Secretary of the Interior, to report to the President and the Congress on the feasibility of a national forestation initiative. Amends the Food Security Act of 1985 to require the Secretary of Agriculture to: (1) enter into contracts with ranch and farmland operators to place specified acreage of highly erodible cropland into the conservation reserve during certain crop years; and (2) report to the Congress regarding the potential for offsetting new carbon dioxide emissions through the use of tree plantations. Part B: Agricultural Policies - Mandates that specified Federal agencies conduct a joint study on critical linkages between agricultural production and global climate change. Directs specified Federal agencies to establish an interagency task force to ensure that all satellite and remote sensing information pertinent to agricultural needs and climate modeling are made available to the Department of Agriculture. Directs the Secretary of Agriculture to use the "Low-Input Farming Systems Research and Education Program." Authorizes appropriations for FY 1991 through 1995. Part C: Integrated Farming Policies - Directs the Secretary of Agriculture to consult with the agriculture community and sustainable agriculture advocates for the purpose of developing an integrated farming research, development, and demonstration program. Authorizes appropriations for FY 1991 through 1993. Directs the Secretary of Energy to establish a national farm ethanol program. Authorizes appropriations for FY 1991 through 1993. Part D: Urban Forestry Conservation Program - Directs the Secretary of Agriculture to implement an urban forestry education and accelerated tree planting program for: (1) energy conservation; (2) carbon-dioxide emissions reduction; (3) improved urban air quality; and (4) general environmental benefits. Outlines demonstration projects financed with Federal matching funds. Directs the Secretary to support urban forestry projects at Department of Agriculture stations and at Land Grant Universities. Authorizes appropriations. Part E: Tongass Timber Reform Act - Amends the Alaska National Interest Lands Conservation Act to repeal the ongoing appropriations for timber utilization in the Tongass National Forest, Alaska. Repeals the requirement for identifying lands unsuitable for timber production in such Forest. Repeals the reporting requirement on the adequacy of timber supply from Forest lands. Requires the biennial report on such Forest to include the impact of timber management on subsistence resources, wildlife, and fisheries habitats, biological diversity, the old growth rain forest ecosystem, and other specified items. Requires the southeast Alaska commercial fishing industry to be included for cooperation and consultation in a study of the Forest timber supply and demand. Directs the Secretary of Agriculture to terminate specified long-term timber sale contracts, and to revise the Tongass National Forest Land Management Plan of 1979 in a manner that fully protects long-term environmental and recreational concerns. Requires such Secretary to report to certain congressional committees regarding the status of such Forest Plan revision schedule. Imposes a moratorium on timber sales and harvest until the Forest Plan is completely revised and ready for implementation. Title IX: Development Assistance - Directs the Secretary of State, in conjunction with the Administrator of the Agency for International Development and other specified officials, to report to the Congress on the status of forest resources in tropical countries, including a forest and agroforestry plan with goals for each tropical country. Requires: (1) the Administrator to ensure that all activities supported by U.S. bilateral foreign assistance are consistent with such plan; and (2) the Administrator to take into account each country's measure of success in meeting plan goals when allocating development assistance monies. Prescribes guidelines under which the Secretaries of State and of the Treasury and the President must promote multilateral tropical forestry programs, and report to the Congress regarding the progress made by each of the multilateral development banks, the United Nations Food and Agriculture Program, the United Nations Development Program, and the International Tropical Timber Organization. Directs the Secretary of Commerce to promulgate regulations within one year after enactment of this Act requiring wood and products containing imported wood to bear a label disclosing the scientific and common names of such wood and the countries of origin. Directs such Secretary to impose a tropical woods tax upon products containing specified woods. Requires such Secretary to promulgate regulations prohibiting the importation of wood and wood products containing wood from: (1) tropical forest countries that have not achieved the forest plan goals; (2) countries that import wood or products containing wood harvested in tropical countries that have not achieved forest plan goals; and (3) countries that permit transit of wood or products containing wood harvested in tropical countries that have not achieved forest plan goals. Requires the Secretary to report annually to the Congress on the status of import controls with respect to tropical forest countries that have not achieved the forest plan goals. Amends the Foreign Assistance Act of 1961 to authorize the President to assist developing countries with research and development programs aimed at energy efficiency and energy transmission facilities. Prohibits assistance for large-scale production of energy. Prescribes guidelines under which the President is directed to provide support to aid-receiving countries with emphasis upon least-cost energy planning. Requires the President to report annually to the Congress regarding the bilateral energy program, including the progress made in reducing greenhouse gas emission. Directs the Secretary of the Treasury to instruct the U.S. Executive Director of each multilateral development bank to: (1) vigorously promote the adoption by each bank of a least-cost energy planning program containing specified components; and (2) oppose, except in certain instances, financial or technical assistance to any borrowing country if a least-cost energy plan is not in place. Directs the Secretary of State to instruct the Ambassador to the United Nations to: (1) vigorously encourage the United Nations Development Program implementing energy conservation and efficiency programs for recipient countries; and (2) oppose the adoption of country programs for any country for which a least-cost energy planning program giving priority to energy conservation, end use energy efficiency, and renewable energy sources is not in place. Requires the Secretary of the Treasury and the Secretary of State to report annually to the Congress regarding the progress of the multilateral development banks and the United Nations Development Program in implementing energy conservation measures. Declares that it is the policy of the United States that its economic assistance programs to developing countries should encourage least-cost, sustainable transportation policies and practices based on a diverse mix of motorized and nonmotorized transport modes which minimize fuel needs and reduce carbon-dioxide emissions. Directs the Administrator of the Agency for International Development to: (1) implement a study of the Agency's transportation-related programs and of the multilateral development bank policies regarding their transportation-related lending practices to recipient countries; and (2) redirect part of the Agency's resources to provide nonmotorized low-cost vehicles that can be sustained in the long term. Directs the Secretary of the Treasury to instruct the U.S. Executive Director of each multilateral development bank to increase the emphasis on nonmotorized, low-cost and energy efficient alternatives to private motor vehicles. Directs the Peace Corps to encourage the use of nonmotorized transport technologies in the projects it undertakes. Specifies non-motorized transportation policies to be promoted by the U.S. Government in implementing its development assistance programs. Authorizes the Secretary of the Treasury to modify the loan terms on up to one-half of the sovereign debt owed the United States by developing countries as a condition of adopting forest and energy conservation programs. Directs the Secretary to promulgate regulations implementing such environmental conservation and debt reduction program within one year after the enactment of this Act. Directs the Administrator of the Agency for International Development to report biennially to the Congress regarding the status of energy conservation and efficiency for each country receiving Federal development assistance monies. Requires the Administrator of the Agency for International Development to report to the Congress regarding the options and strategies for the use of bilateral and multilateral development assistance programs sponsored by the United States to control emissions of certain greenhouse gases into the atmosphere. Title X: International Activities - Directs the Secretary of State to convene an international meeting in the United States by the end of 1992 to adopt a global climate protection agreement with measures at least as stringent as those in this Act. Sets forth a percentage reductions schedule for emissions of specified gases. Directs the Secretary of State to: (1) initiate negotiations for the adoption of a binding multilateral agreement requiring specified reductions of nitrogen oxide emissions by 1998; (2) request and, if necessary, convene the parties to the Montreal protocol on substances that deplete the ozone layer for possible control measures reassessment; and (3) convene an international meeting to exchange information regarding energy efficiency and solar/renewable energy resources that are environmentally sustainable. Directs the Secretary of the Treasury to instruct the U.S. Executive Directors of multilateral development banks to promote lending policies which emphasize specified aspects of energy conservation, renewable energy source, greenhouse gas emissions, and least-cost non-motorized transportation systems. Directs the Administrator of the Agency for International Development to take specified measures concerning: (1) biological diversity conservation; (2) renewable energy resources and conservation; and (3) assistance to developing countries in the use of agricultural and industrial chemicals. Declares U.S. policy with respect to domestic and international efforts to deal with the greenhouse effect. Requests the President to take steps to establish a long-term study of the greenhouse effect, beginning with a one-year cooperative international research program started during or before 1991. Names the year of such program the "International Year of the Greenhouse Effect." Directs the Environmental Protection Agency to develop and implement programs with respect to: (1) chlorofluorocarbon replacement; (2) methane control; (3) energy efficiency; and (4) alternative energy sources. Authorizes appropriations. Title XI: World Population Growth -Declares it is the policy of the United States that family planning services should be made available to all persons requesting them. Authorizes appropriations for FY 1991 through 1995 for international population and family planning assistance. Prohibits the use of such funds for: (1) involuntary sterilization or abortion; or (2) the coercion of any person to accept family planning services. Requests the President to initiate an international conference on population, and to seek an international agreement on population growth. Establishes a National Commission on Population, Environment, and Natural Resources to prepare reports and convene conferences. Terminates such Commission three years after the enactment of this Act. Mandates that multilateral development banks adopt guidelines promoting lending strategies which emphasize the maintenance of sustainable world population levels. Authorizes appropriations for FY 1991 through 1993. Title XII: Recyclable Materials - Directs the Secretary of Commerce and the Secretary of Health and Human Services to report to the Congress the results of a study regarding degradable materials and recycling methodologies. Requires the Secretary of Defense to report to the Congress the results of a study regarding the national security implications of requiring the use of degradable materials in items procured by the Department of Defense, and of requiring the Department to comply with specified prohibitions against the use of nondegradable materials. Requires the Administrator of the Environmental Protection Agency biennially to submit an updated report to the President and the Congress regarding Federal, State, and local policies and practices in recycling government wastes and procuring recyclable materials. Directs the Secretary of Agriculture to report to the Congress the results of a pilot project to develop and demonstrate a viable technology for composting municipal waste and sewage sludge. Directs the Secretary of Commerce to appoint a Director of Recycling Research and Information to: (1) make grants for recycling research and development; (2) establish a national database information clearinghouse for recyclable materials; (3) report annually to the Congress regarding the status of recyclable wastes; and (4) make grants for scientific research on the use of plastic materials as part of a recycling program. Authorizes appropriations for FY 1991 through 1994. Sets forth civil and criminal penalties for offenses involving the production, manufacturing, distribution or selling of specified nonrecycled consumer goods which have been proscribed by the Secretary of Commerce under regulations jointly issued with the Administrator of the Environmental Protection Agency. Requires the Secretary of Commerce periodically to update the list of proscribed nonrecycled consumer goods.
United States · United States Congress · 22 February 1989
Hate Crime Statistics Act - Directs the Attorney General to include within the Uniform Crime Reports for calendar years 1991 through 1995 the incidence of criminal acts that manifest prejudice based on race, religion, homosexuality or heterosexuality, or ethnicity. States that nothing in this Act creates a right for an individual to bring an action complaining of discrimination based on homosexuality. Requires the Attorney General to publish an annual summary of the data acquired under this Act. Authorizes appropriations.
United States · United States Congress · 22 February 1989
Provides for all Federal civilian and military retirees to receive the full cost-of-living adjustment in annuities payable under Federal retirement systems for FY 1990. (Includes benefits payable under the Civil Service Retirement and Disability System, military retirement and survivor benefit programs, the Foreign Service Retirement and Disability System, the Central Intelligence Agency Retirement and Disability System, and railroad retirement programs.)
United States · United States Congress · 22 February 1989
Amends Federal law to extend the immediate retirement provisions applicable to Federal law enforcement officers to: (1) revenue officers for the Internal Revenue Service; (2) customs inspectors for the U.S. Customs Service; (3) customs canine enforcement officers for the U.S. Customs Service; and (4) inspectors for the Immigration and Naturalization Service.
United States · United States Congress · 22 February 1989
Amends the Indian Gaming Regulatory Act to classify as Class II gaming electronic or electromechanical facsimiles of games of chance operated by Indian tribes in Minnesota on or before enactment of this Act.
United States · United States Congress · 9 February 1989
Tongass Timber Reform Act - Title I: Alaska National Interest Lands Conservation Act Amendments - Repeals specified provisions of the Alaska National Interest Lands Conservation Act (the Act) relating to: (1) the authorization of appropriations for the maintenance of the timber supply from the Tongass National Forest in Alaska to dependent industry; (2) the identification of Forest lands unsuitable for timber production; and (3) a specified report to certain congressional committees by the Secretary of Agriculture on the timber supply and demand in southeastern Alaska. Amends the Act to include in a specified report to the Congress the impact of timber management on subsistence resources, wildlife, and fisheries habitats in the Forest. Requires the Secretary to terminate, not later than 90 days after enactment of this Act, specified timber sale contracts between the United States and the Alaska Pulp Corporation and the Ketchikan Pulp Company, respectively. Title II: Wilderness - Amends the Act to designate the following lands within the Tongass National Forest as components of the National Wilderness Preservation System: (1) Anan Creek Wilderness; (2) Berners Bay Wilderness; (3) Calder-Holbrook Wilderness; (4) Chichagof Wilderness; (5) Chuck River Wilderness; (6) Kadashan Wilderness; (7) Karta River Wilderness; (8) Kegan Lake Wilderness; (9) Naha River Wilderness; (10) Nutkwa Wilderness; (11) Outside Islands Wilderness; (12) Pleasant Island-Lemesurier Islands Wilderness; (13) Pt. Adolphus-Mud Bay Wilderness; (14) Pt. Houghton-Sandborn Canal Wilderness; (15) Rocky Pass Wilderness; (16) Sarkar Lakes Wilderness; (17) South Etolin Island Wilderness; (18) South Kuiu Wilderness; (19) Sullivan Island Wilderness; (20) Trap Bay Wilderness; (21) West Duncan Canal Wilderness; (22) Yakutat Forelands Wilderness; and (23) Young Lake Wilderness.
United States · United States Congress · 9 February 1989
Telephone Operator Service Consumer Protection Act of 1989 - Directs the Federal Communications Commission to initiate, within 30 days, a proceeding under the Communications Act of 1934 to establish regulations to protect from unfair and deceptive practices consumers who use operator services to place interstate telephone calls and to ensure that consumers have the opportunity to make informed choices in making such calls. Provides for the timing and content of such regulations, including certain minimum requirements.
United States · United States Congress · 9 February 1989
Family Planning Reauthorization Act of 1989 - Amends the Public Health Service Act to authorize appropriations for FY 1990 through 1993 for projects, training, and information and materials related to family planning.
United States · United States Congress · 9 February 1989
Handgun Violence Prevention Act of 1989 - Amends the Federal criminal code to make it unlawful for any person to manufacture, assemble, transfer, or possess any handgun which the Secretary of the Treasury determines to be unsuitable for lawful sporting purposes.
United States · United States Congress · 9 February 1989
Postal Reorganization Act Amendments of 1989 - Declares that the receipts and disbursements of the Postal Service Fund: (1) shall not be included in the totals of the Federal budget or the congressional budget; (2) shall be exempt from Federal budget limitations on expenditures and net lending; and (3) shall be exempt from any sequestration order under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) and shall not be counted for purposes of calculating the Federal deficit.
United States · United States Congress · 9 February 1989
Comprehensive Lyme Disease Act of 1989 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to make grants with respect to Lyme disease: (1) through the Director of the National Institutes of Health, for research and treatment; and (2) through the Director of the Centers for Disease Control, for public education. Authorizes appropriations for FY 1990 through 1992.
United States · United States Congress · 9 February 1989
Truth in Social Security Accounting Act of 1989 - Amends the Congressional Budget and Impoundment Control Act of 1974 to exclude, beginning with FY 1991, Federal Old-Age and Survivors Insurance Trust Fund and Federal Disability Insurance Trust Fund receipts and outlays in Federal deficit determinations for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
United States · United States Congress · 9 February 1989
Peace Corps Volunteer Education Demonstration Program Act - Authorizes the Director of the Peace Corps to carry out a training and educational benefits demonstration program. Makes eligible for program participation any student at an institution of higher education who: (1) has completed at least two years of satisfactory study and is enrolled in a bachelor-degree program of at least four years; (2) agrees to serve at least three years in the Peace Corps; and (3) is selected in a competitive process. Requires selection procedures to include special consideration for traditionally underserved groups of students and students who will specialize in courses in areas in which the Peace Corps has special need. Requires the Director to carry out a training program under which participants receive appropriate training for their Peace Corps work as part of their course of study. Makes participants eligible for educational benefits to cover attendance costs during their remaining two years of study. Requires repayment of such benefits if the individual fails to complete three years of Peace Corps service. Directs the Secretary of Education to evaluate and report on such program to the President and the Congress by October 31, 1994. Authorizes appropriations for FY 1990 through 1995.
United States · United States Congress · 9 February 1989
Women in Development Act of 1989 - Requires the Administrator of the Agency for International Development (AID) to take specific steps to strengthen the Agency's women in development policy, including: (1) incorporating the active participation of local women and local women's organizations in its development activities; (2) instructing Agency staff and contractors to collect sex-disaggregated data and to insure that country strategies, projects, and programs are designed so that the percentage of women receiving assistance in proportion to the higher of their traditional participation in the targeted activities or their proportion of the population; (3) insuring that project and program evaluations include an assessment of the extent to which the project integrates women in the development process and of the project's impact on women; (4) increasing the number and responsibility of women in professional positions within AID; and (5) establishing within AID a task force on women in development. Amends the Foreign Assistance Act of 1961 to require that a minimum (currently, maximum) of $10,000,000 in funds made available for foreign assistance programs be used for programs to promote the participation and integration of women in the development process in developing countries. Specifies that a certain amount of such funds shall be made available as matching funds to support activities designed to better integrate women into AID programs. Requires the Administrator to report to the Congress annually on the implementation of this Act. Authorizes appropriations to be made available for the United Nations Development Fund for Women and the United Nations International Research and Training Institute for the Advancement of Women.
United States · United States Congress · 9 February 1989
Constitutional Amendment - Provides that the people of the several States and the District of Columbia shall elect the President and Vice President. Requires the electors of President and Vice President in each State to have the qualifications requisite for congressional electors from that State, except that for electors of President and Vice President the legislature of any State may prescribe less restrictive residence qualifications and the Congress may establish uniform residence and age qualifications. Provides that the persons having the greatest number of votes for President and Vice President shall be elected, if such number be at least 40 percent of the whole number of votes cast. Provides that if no person has such number, a runoff election shall be held in which the choice of President and Vice President shall be made from the persons who received the two highest number of votes. Requires the days for such elections to be determined by the Congress. Requires the Congress to prescribe by law the time, place, and manner in which the results of such elections shall be ascertained and declared. Requires each elector to cast a single vote jointly applicable to President and Vice President. Allows the Congress to provide for the case of the death of any candidate for President or Vice President before the day on which the President-elect or Vice President-elect has been chosen, and for the case of a tie in any election.
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
Expresses the sense of the Congress that the U.S. Government should reassess current policy and pursue a negotiated settlement to the civil war in El Salvador.
United States · United States Congress · 6 February 1989
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
Provides that no adjournment of either House of Congress, other than an adjournment sine die to end a Congress, prevents the return of a bill by the President.
United States · United States Congress · 6 February 1989
Medicaid Community and Facility Habilitation Services Amendments of 1989 - Title I: Community Habilitation and Supportive Services - Amends title XIX (Medicaid) of the Social Security Act to authorize States to cover community habilitation and supportive services for individuals with mental retardation or related conditions without regard to whether or not such individuals have been discharged from a nursing or habilitation facility. Defines community habilitation and supportive services as services which assist individuals in developing and maintaining the skills necessary to function successfully in a home or community-based setting. Requires that community habilitation and supportive services be provided to each client in accordance with an individual service plan prepared and periodically reviewed and revised by an interdisciplinary team on the basis of a comprehensive functional assessment of a client's needs conducted before his or her receipt of services and at least annually thereafter. Requires that such services meet minimum requirements, to be developed by the Secretary of Health and Human Services, regarding client rights and service quality. Makes the requirements imposed on habilitation facilities (under title II of this Act) regarding patient's rights and facility safety and sanitation applicable to residential settings in which community habilitation and supportive services are provided. Requires that residential settings: (1) disclose persons having an ownership or control interest in the setting; and (2) exclude a person from such interest if he or she has been excluded from the Medicaid program or had an interest in a residential setting repeatedly found to have provided substandard care. Requires a habilitation facility which converts to a residential setting to continue to provide continuous active treatment to residents who required such treatment at the time of conversion. Requires a residential setting to document a client's receipt of medical services. Makes the: (1) Secretary responsible for certifying that State providers of community habilitation and supportive services and residential settings in which such services are provided comply with Medicaid requirements; and (2) States responsible for certifying that other providers of and residential settings for such services comply with Medicaid requirements. Requires each State to: (1) conduct periodic educational programs for the staff and clients in residential settings for community habilitation and supportive services regarding requirements imposed on such setting; and (2) provide, through the State agency responsible for the certification of such providers and residential settings, for the receipt, review, and investigation of allegations of client neglect and abuse and of misappropriation of client property by providers. Requires that such providers and settings be certified annually. Bases residential setting certification on an annual, unannounced survey. Directs the Secretary to: (1) develop a protocol for conducting surveys; and (2) conduct sample surveys of residential settings, within two months of State surveys, to test the adequacy of State surveys. Authorizes the Secretary to conduct a special survey of a setting or a review of the provider when there is reason to question its compliance with this Act. Prohibits the use of surveyors who have an interest in the provider or setting being surveyed or have not completed a training and testing program approved by the Secretary. Requires States and the Secretary to investigate complaints against providers or settings concerning violations of this Act's requirements. Requires that: (1) certain information regarding providers and settings and their compliance with this Act's requirements be made available to the public; and (2) the State agency responsible for the protection and advocacy system for the developmentally disabled and the guardians of clients be notified of a provider's or setting's noncompliance with this Act's requirements. Gives State Medicaid fraud and abuse control units access to provider or setting survey and certification information. Requires that when the Secretary or State determines that a provider's or setting's deficiencies immediately jeopardize the client's health and safety, immediate action be taken to remove the jeopardy and correct the deficiencies or the provider's or setting's participation in Medicaid be terminated. Directs the Secretary and States to apply certain other remedies where the health and safety of clients are not immediately jeopardized. Requires the imposition of civil money penalties against providers and settings which are, or are found to have been, out of compliance with any of this Act's requirements. Sets forth the Secretary's responsibilities relating to community habilitation and supportive service requirements. Eliminates the restriction of the Medicaid waiver for community habilitation services to individuals who have been discharged from a skilled nursing or intermediate care facility. Directs the Secretary to report to the Congress annually on the extent to which providers and residential settings are complying with this Act's requirements and the number and type of enforcement actions taken by the Secretary and the States. Title II: Quality Assurance for Habilitation Facility Services - Defines a "habilitation facility" as an institution primarily engaged in providing health or habilitation services to individuals with mental retardation or related conditions and not primarily for the care and treatment of mental diseases. Sets forth requirements for habilitation facilities, including requirements that such facilities: (1) promote maintenance or enhancement of the quality of life, independence, productivity, and integration into the community of each client; (2) provide continuous active treatment which is coordinated and monitored by a qualified mental retardation professional; (3) provide such treatment in accordance with an individual program plan prepared and periodically reviewed and revised by an interdisciplinary team of professionals on the basis of an assessment of a client's developmental and behavioral management needs conducted upon the client's admission and at least annually thereafter; (4) not admit any new client with mental retardation or a related condition on or after January 1, 1991, unless the State mental retardation or developmental disability authority has determined on the basis of an evaluation performed independently of the facility that the individual requires habilitation facility services; (5) provide physician services 24 hours a day, annual physical examinations, licensed nursing services, comprehensive dental diagnostic and treatment services, routine and emergency drugs and biologicals, professional program services to implement each client's active treatment plan, and meal services; (6) require a physician's supervision of each patient's care, have a physician available to furnish emergency medical care, and maintain clinical records on all clients; (7) protect specified client rights, including the right to appeal a transfer or discharge and receive post-discharge preparation and planning services; (8) provide applicants and residents with information regarding the Medicaid program and not require applicants to waive their rights to such benefits or have a third party guarantee payment to the facility as a condition of their admission; (9) protect a client's personal funds upon the client's authorization and teach clients to manage their funds to the extent of their capabilities; (10) adopt certain measures to preserve facility safety and sanitation; and (11) meet such other conditions which the Secretary of Health and Human Services deems necessary for client health and safety. Sets forth the Secretary's responsibilities relating to habilitation facility requirements. Makes the Secretary responsible for certifying that State habilitation facilities comply, and States responsible for certifying that other habilitation facilities comply, with Medicaid habilitation facility requirements. Requires each State to: (1) conduct periodic educational programs for habilitation facility staff and clients regarding the requirements imposed on such facilities; and (2) provide, through the State agency responsible for the certification of habilitation facilities, for the receipt, review, and investigation of allegations of client neglect and abuse and of misappropriation of client property by facility staff. Bases habilitation facility certification on an annual, unannounced survey. Directs the Secretary to: (1) develop and test a protocol for conducting surveys; (2) establish minimum qualifications for surveyors and train them in survey and certification techniques; and (3) conduct sample surveys of habilitation facilities, within two months of State surveys, to test the adequacy of State surveys, and reduce Federal payments for State Medicaid administrative costs if such State surveys prove inadequate. Authorizes the Secretary to conduct a special survey of a facility when there is reason to question its compliance with this Act. Requires States and the Secretary to investigate complaints against a facility and monitor the compliance of a facility with this Act's requirements if the facility was previously found out of compliance or the State or Secretary has reason to question its compliance. Requires that: (1) certain information regarding habilitation facilities and their compliance with this Act's requirements be made available to the public; (2) the State agency responsible for the protection and advocacy system for the developmentally disabled and the guardians of facility clients be notified of a facility's noncompliance with this Act's requirements; and (3) survey results be posted in a place that is readily assessible to clients. Gives State Medicaid fraud and abuse control units access to facility survey and certification information. Requires that when the Secretary or a State determines that a habilitation facility's deficiencies immediately jeopardize residents' health and safety, immediate action be taken to remove the jeopardy and correct the deficiencies or such facility's participation in Medicaid be terminated. Directs the Secretary and States to apply certain other remedies where the health and safety of facility residents are not immediately jeopardized. Authorizes the imposition of civil money penalties against facilities found to be in compliance with this Act's requirements but to have been out of compliance previously. Provides that if a facility is out of compliance with any of this Act's requirements three months after having been found out of compliance with such requirements or on three consecutive annual surveys, Medicaid payments for newly admitted residents shall be denied, civil monetary penalties assessed and collected, and, in the latter case, on-site monitoring of the facility's compliance shall be established. Provides that when a facility is found to have deficiencies relating to the facility's physical plant that do not immediately jeopardize the health or safety of its clients, the State may submit to the Secretary a written plan for permanently reducing the number of certified beds in such facility within 36 months of such finding and providing services, including community habilitation and supportive services, to clients who thereby cease to receive facility services. Requires that Medicaid-eligible clients be given the option of retaining facility services. Requires the Secretary to report to the Congress annually on the extent to which habilitation facilities are complying with this Act's requirements and the number and type of enforcement actions taken by States and the Secretary. Title III: Appropriate Placement for Individuals with Mental Retardation or Related Condition - Requires that State mental retardation or developmental disability authorities conduct preadmission and annual reviews of habilitation facility applicants and residents with mental retardation or related conditions to determine whether they require facility services or community habilitation and supportive services. Directs that such preadmission and annual reviews be conducted in accordance with criteria to be developed by the Secretary by July 1, 1990. Requires States to provide community habilitation and supportive services for facility clients who need such services but no longer need habilitation facility services. Requires States to establish an appeals procedure for individuals adversely affected by such preadmission and annual reviews. Eliminates existing utilization review and penalty provisions directed at the provision of services in an intermediate care facility for the mentally retarded. Title IV: Payment for Community Habilitation Services and Habilitation Facility Services - Covers the reasonable and adequate costs of community habilitation and supportive services and habilitation facility services. Prohibits Medicaid reimbursement of providers or facilities for civil monetary penalties imposed pursuant to this Act. Title V: Employee Protections and Miscellaneous - Provides employment protections for employees affected by habilitation facility closures or capacity reductions occurring after this Act's enactment. Authorizes States to assign specific management functions relating to the provision of Medicaid services to individuals with mental retardation or related conditions to State agencies responsible for developmentally disabled individuals.
United States · United States Congress · 6 February 1989
Comprehensive Health Care Improvement Act of 1989 - Title I: Qualified Health Insurance Plans - Part A: Definitions and Standards for Qualified Plans - Defines a "plan of health coverage" as any plan or combination of plans, including combinations of self-insurance, individual accident and health insurance policies, group accident and health insurance policies, coverage under a nonprofit health service plan, or coverage under a health maintenance organization (HMO) subscriber contract. Directs the Secretary of Health and Human Services to establish standards for qualified plans and procedures for the review and certification of plans of health coverage as qualified plans. Provides that a plan shall be certified as an "A" qualified plan if it meets State requirements and meets the following minimum standards: (1) the minimum benefits for a covered individual equal at least 80 percent of the covered expenses in excess of an annual deductible not exceeding $250 per person or $250 for each of two members of a covered family; (2) the coverage includes a limitation of $3,000 per person and $6,000 for a covered family on total annual out-of-pocket expenses for covered expenses; (3) the coverage is subject to a $1,000,000 maximum life-time benefit; and (4) the $3,000, $6,000, and $1,000,000 limitations are not subject to change or substitution by use of an actuarially equivalent benefit. States that covered expenses are the usual and customary charges of a physician or chiropractor. Lists covered and excluded services. Deems HMOs providing certain services to be providing an "A" qualified plan. Certifies as a "B" qualified plan a plan which meets the requirements of an "A" plan, except that the annual deductible does not exceed $1,000 per person. Directs the Secretary, to the extent feasible, to provide for the review and certification by the insurance commissioner of each State of qualified plans to be offered in the State. States that the sale of plans is in and affects interstate commerce and that, in order to properly regulate such sales, it is necessary to regulate such sales in intrastate, as well as interstate, commerce. Requires every plan of health coverage sold to be labelled as "qualified" or "nonqualified" on the front of the policy. Requires each advertisement or promotion for a plan to specify whether the plan is "qualified" or "nonqualified." Part B: Requiring Offering of Certain Qualified Plans - Requires each employer employing an average of ten or more employees annually to make available a plan or combination of plans of health coverage which: (1) has been certified as an "A" or supplemental plan; (2) is a qualified convertible plan; and (3) permits coverage of an employee's spouse and children. Defines a "qualified convertible plan" as a plan of health coverage which: (1) permits each enrolled individual to continue coverage for one year and then to convert the plan to any individual qualified plan without the addition of underwriting restrictions if, for any reason, the individual leaves the group; and (2) permits, in the case of the death of the individual in whose name the contract was issued, other individuals covered under the plan to continue coverage without the addition of underwriting restrictions. Sets forth civil penalties for noncompliance. Excludes from the term "employee," for purposes of this provision, certain new, part time, part year, young, bargaining unit, and nonresident alien employees. Part C: Offering of Comprehensive Health Insurance by States - Amends title XIX (Medicaid) of the Social Security Act to require the establishment and operation of a comprehensive health association in each State and a comprehensive health plan in each State, in accordance with this part of this Act. Defines a "comprehensive health insurance plan" to mean policies of insurance and contracts of HMO coverage offered by an association through the writing carrier in the State. Defines the "writing carrier" as the insurers and HMOs approved to administer the comprehensive health insurance plan. Provides that each State commissioner of insurance, consistent with any regulations the Secretary may promulgate: (1) may formulate general policies to advance the purposes of this title; (2) shall supervise the creation of the State comprehensive health association; (3) shall approve the selection of the writing carrier by the association in the State and approve the association's contract with the writing carrier, including the State plan coverage and premiums to be charged; (4) may appoint advisory committees with respect to implementation of this part; (5) shall conduct periodic audits to assure the general accuracy of the financial data submitted by the writing carrier and the association in the State; (6) shall contract with the Federal Government and may contract with any other unit of government to ensure coordination of the State plan of the association with other governmental assistance programs; (7) may undertake, directly or through contracts with other persons, studies or demonstration programs to develop awareness of the benefits provided under this Act, so that residents of the State may best avail themselves of the health care benefits provided hereunder; (8) may contract with insurers and others for administrative services; and (9) may adopt, amend, suspend, and repeal rules as reasonably necessary to carry out and make effective the provisions and purposes of this part. Requires each State to provide for the establishment of a comprehensive health association with membership consisting of all insurers, fraternal beneficiary associations, other entities offering health policies, and HMOs authorized or licensed to do business in the State. Exempts each association from State taxation. Provides for a board of directors of each association. Requires that all members of an association: (1) maintain their membership in the association as a condition of doing accident and health insurance, self-insurance, or HMO business in the State; and (2) enter into a reinsurance contract with the association as required by this part. Exempts members of an association, in the performance of their duties as members, from Federal and State antitrust laws. Authorizes each association to provide for the reinsuring of risks incurred as a result of issuing qualified plans by members of the association. Requires each member which elects to reinsure its risks to determine the categories of coverage it elects to reinsure in the association. Provides that the categories consist of: (1) individual qualified plans, excluding group conversions; (2) group conversions; (3) group qualified plans with fewer than 50 employees or members; and (4) major medical coverage. Requires each association through its comprehensive health insurance plan to offer: (1) policies which provide the benefits of "A" and "B" qualified plans; and (2) HMO contracts in those areas of the State where an HMO has agreed to make the coverage available and has been selected as a writing carrier. Requires the comprehensive health insurance plan for a State to be open for enrollment by individuals residing in the State, who can enroll by submitting a certificate of eligibility to the writing carrier which certifies the applicant's name, address, age, length of residence, dependents to be insured, and type of coverage desired. Provides that upon certification the individual can enroll in a State's comprehensive health insurance plan by payment of the State plan premium to the writing carrier. Requires each member of an association to share the claims expenses for approved plans and the operating and administrative expenses incurred by the association, pursuant to the terms of the individual reinsurance contracts executed by the association with each member. Sets forth a method to determine each member's share of expenses. Authorizes any member of an association in a State to submit for approval to the State commissioner the policies of accident and health insurance or the HMO contracts which are being proposed to serve in the comprehensive health insurance plan. Authorizes the association to select approved policies and a contract to be the comprehensive health insurance plan based upon the member's proven ability to handle large group accident and health insurance cases, claims paying capacity, and estimate of total charges for plan administration. Requires each writing carrier to: (1) perform all required administrative and claims payment functions; and (2) report monthly to the association and State commissioner. Exempts premiums received by a writing carrier for the comprehensive health insurance plan from State taxation. Requires each association in a State to disseminate information to State residents regarding the existence of the comprehensive health insurance plan and the means of enrollment. Requires each writing carrier to pay an agent's referral fee, in an amount to be determined by the association, to each insurance agent referring an applicant to the State comprehensive health insurance plan, if the application is accepted. Title II: Program of Assistance to States for Assisting Low-Income Individuals to Purchase Comprehensive Health Insurance - Comprehensive Health Insurance Assistance Act of 1989 - Adds a new title XXI to the Social Security Act entitled "Grants to States for Assistance to Low-Income Individuals in the Purchase of Comprehensive Health Insurance." Authorizes appropriations under title XXI to enable each State to provide assistance to low-income individuals in the purchase of comprehensive health insurance under title XXI. Specifies the amount authorized for each fiscal year. Requires the sums made available under this title to be used to make payments to States which have submitted, and have been approved by the Secretary, State plans for comprehensive health insurance assistance to low-income individuals. Directs the Secretary to pay each State with an approved plan, from the sums appropriated, an amount equal to 50 percent of the sums expended which are attributable either to assistance under the plan to low-income individuals or to plan administration. Prohibits such amount, during any quarter, from exceeding the product of $2.50 and the State's population. Requires a State plan for comprehensive health insurance assistance to low-income individuals, in order to be approved by the Secretary, to meet specified criteria. Title III: Program of Assistance to States for Assisting Individuals Who Incur Catastrophic Expenses for Health Care - Catastrophic Health Care Expenses Assistance Act of 1989 - Amends the Social Security Act to add a new title XXII entitled "Grants to States for Assistance to Individuals Incurring Catastrophic Expenses for Health Care." Authorizes appropriations for each fiscal year to enable each State to furnish medical assistance for catastrophic illness. Requires a State to have submitted and have approved by the Secretary a plan for medical assistance for catastrophic illness. Directs the Secretary to pay each State with an approved plan, from the sums appropriated, an amount equal to 50 percent of the sums expended which are attributable either to payments made under the plan to eligible individuals or to plan administration. Prohibits such amount, during any quarter, from exceeding the product of $0.625 and the State's population. Sets forth circumstances in which payment with respect to expenses is prohibited. Lists requirements for a State plan to be approved by the Secretary. Defines an "eligible individual" as an individual who incurs an obligation to pay, in a consecutive 12-month period, expenses (including dependent's expenses) exceeding the greater of $3,000 (or such lower amount as the State may establish) or 30 percent of household income up to $25,000, plus 40 percent of household income between $25,000 and $40,000, plus 50 percent of household income in excess of $40,000 (or such lower respective percentages of such incomes, or of such higher incomes as the State may establish).
United States · United States Congress · 6 February 1989
Calls on the International Bank for Reconstruction and Development, and urges the Comptroller of the Currency, the Chairman of the Board of Governors of the Federal Reserve System, and the Federal Deposit Insurance Corporation to encourage each bank under their respective jurisdictions, to enter into agreements to reduce the outstanding debt burden of debtor nation clients if such nations agree to protect their tropical rain forests and other natural resources.
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
Fairness in Bargaining Act of 1989 - Amends the Petroleum Marketing Practices Act to provide that, with respect to the sale, consignment, or distribution of motor fuel, the term "franchise" includes any contract between specified parties which is economically necessary to the operation of the franchise. Provides that the termination or non-renewal of a franchise relationship, upon expiration of an underlying lease for marketing premises, is reasonable if specified conditions exist.
United States · United States Congress · 2 February 1989
Wildfire Suppression Assistance Act - Amends the Temporary Emergency Wildfire Suppression Act to repeal the provision terminating the authority of the Secretary of the Interior and the Secretary of Agriculture to enter into agreements with foreign fire organizations for wildfire protection, to furnish or accept emergency wildfire protection resources from foreign fire organizations, or to incur obligations for reimbursement to Canada or Canadian organizations in furnishing U.S. wildfire protection resources. (Current law terminates such authority December 31, 1988.)
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
Vietnam Veterans Post-Traumatic Stress Disorder Compensation Act - Creates a presumption of service-connection for disability purposes for veterans suffering from a post-traumatic stress disorder after serving in Southeast Asia during the Vietnam era.
United States · United States Congress · 2 February 1989
Community Revitalization Tax Act of 1989 - Amends Internal Revenue Code income tax accounting rules to treat rehabilitation investment credits and low-income housing credits as credits not derived from passive activities. Revises the limitation on the general business credit to allow a maximum annual credit equal to the first $20,000 of an individual taxpayer's income tax liability plus 80 percent of any excess liability.