United States · United States Congress · 3 March 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 · 2 March 1989
Amends Internal Revenue Code provisions relating to the exclusion from gross income of amounts received under qualified group legal services plans to: (1) make the exclusion permanent (under current law it expired as of tax year 1989); and (2) increase the amount of the permissible exclusion from $70 to $90.
United States · United States Congress · 28 February 1989
Title I: General Accounting Office Investigation and Report Investigation - Requires the Comptroller General to begin an investigation, within 60 days after enactment of this Act, concerning displaced nationals of El Salvador and Nicaragua. Requires a report to the Congress within one year after initiation of such study. Title II: Congressional Review - Provides for the referral of such report to the appropriate congressional committees for committee hearings and committee reports. Title III: Temporary Stay of Deportation - Provides for a temporary stay of detention and deportation for certain nationals of El Salvador and Nicaragua. Title IV: Miscellaneous Provisions - States that during such temporary stay of deportation period an alien: (1) shall not be considered to be permanently residing in the United States; (2) shall not be eligible for Federal public assistance; and (3) may be deemed ineligible for State assistance.
United States · United States Congress · 28 February 1989
Amends the Federal criminal code to provide penalties for knowingly: (1) depositing or causing to be deposited in the mail, or receiving by mail with intent to further distribute, any anabolic steroid for use in humans other than the treatment of disease pursuant to the order of a physician, except as otherwise permitted by law; and (2) using any communication facility in committing, causing, or facilitating a violation of such prohibition. Makes any property involved in a violation of this Act subject to forfeiture.
United States · United States Congress · 23 February 1989
Health Care for Children Act of 1989 - Amends title XIX (Medicaid) of the Social Security Act to phase-in, by FY 1994, the mandatory Medicaid coverage of children whose family income is below the Federal poverty level. Eliminates the Medicaid resource eligibility test for poor pregnant women and children. Authorizes States to provide Medicaid assistance to children during a presumptive eligibility period which begins when a provider makes a preliminary determination that the income eligibility test has been met and ends, at the latest, 45 days after such preliminary determination. Requires children to apply for such assistance within 14 days of such preliminary determination. Requires that Medicaid reimbursements be sufficient to enlist enough providers so that care and services are available under the Medicaid program at least to the extent that such care and services are available to the general population. Requires States to annually submit: (1) their payment rates for Medicaid care to pregnant women and children for the Secretary of Health and Human Services' approval; and (2) other specified data to assist the Secretary in evaluating the adequacy of Medicaid payments for such services. Authorizes States to continue Medicaid coverage of pregnant women and children for one year after a change in their family income would otherwise render them ineligible for such coverage. Requires States to provide such continued coverage to pregnant women through the month in which the 60-day period following their pregnancy expires.
United States · United States Congress · 23 February 1989
Commends: (1) Secretary of State Baker's February 8, 1989, statement for focusing world attention upon the humanitarian disaster in Sudan and the urgent need for a ceasefire and peace accord; and (2) the relief activities of the International Committee of the Red Cross, the Agency for International Development, the Office of Foreign Disaster Assistance, and various American, international, and private and voluntary agencies. Deplores the use of food as a weapon by the Government of Sudan and by the Sudanese People's Liberation Army (SPLA) and calls upon each to permit the safe passage of food and emergency relief supplies to civilians in affected areas. Urges the President and Secretary of State to: (1) provide international leadership in pressing for national reconciliation and an end to widespread starvation in Sudan; (2) reassess U.S.-Sudanese relations and U.S. assistance unless the Government of Sudan makes progress in facilitating increased relief to displaced populations and in negotiations for a ceasefire and peace accord; and (3) impress upon the SPLA its responsibility to permit the flow of international relief to civilians and to negotiate with the Government of Sudan for a national peace accord.
United States · United States Congress · 22 February 1989
Hate Crime Statistics Act - Directs the Attorney General to: (1) acquire data, for 1990 through 1994, about crimes that manifest evidence of prejudice based on race, religion, sexual orientation, or ethnicity, including murder, non-negligent manslaughter, rape, assault, arson, and vandalism; and (2) establish guidelines for the collection of such data, including the necessary evidence and criteria for a finding of manifest prejudice. Prohibits: (1) the use of data acquired under this Act other than for research or statistical purposes; and (2) such data from containing any information that may reveal the identity of an individual victim of a crime. Directs the Attorney General to publish an annual summary of such data. Authorizes appropriations.
United States · United States Congress · 22 February 1989
Martin Luther King, Jr., Federal Holiday Commission Extension Act - Extends the termination date of the Martin Luther King, Jr. Federal Holiday Commission to April 20, 1994. Makes the term of Commission members one year, except for Coretta Scott King (life term) and members of the family surviving Martin Luther King, Jr. (at the discretion of the family). Replaces provisions requiring all expenditures of the Commission to be from donated funds with provisions authorizing appropriations for FY 1989 through 1993. Makes payment of expenses for Commission members and staff salary subject to the availability of funds.
United States · United States Congress · 22 February 1989
COLA Equity Act of 1989 - Provides for all Federal civilian and military retirees to receive the full cost-of-living adjustments in annuities payable under Federal retirement systems for FY 1990 and 1991. (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.) Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to exempt railroad retirement supplemental annuities from sequestration.
United States · United States Congress · 22 February 1989
Expresses disapproval of the refusal of the U.S.S.R. to recognize the sovereignty of the Baltic Republics. Designates June 14, 1989, as Baltic Freedom Day. Authorizes and requests the President to call upon the Soviet Union, the Federal Republic of Germany, and the Democratic Republic of Germany to renounce the acquisition or absorption of the Baltic Republics by the Soviet Union as a result of the Molotov-Ribbentrop Pact.
United States · United States Congress · 8 February 1989
Television Broadcasting to Cuba Act - Directs the United States Information Agency (USIA) to provide television broadcasting to Cuba. Requires that any such television broadcasting be in accordance with all Voice of America standards. Requires the Director of the USIA to establish a Television Marti Service to be responsible for all television broadcasts to Cuba. Requires that all broadcasting by such Service avoid interference with any domestic television broadcasting. Amends the Radio Broadcasting to Cuba Act to rename the Advisory Board for Radio Broadcasting to Cuba as the Advisory Board for Broadcasting to Cuba. Specifies that such Board shall be responsible for both Radio Marti and Television Marti. Authorizes assistance to the USIA from other Government agencies to carry out the requirements of this Act. Authorizes appropriations for FY 1990 and 1991.
United States · United States Congress · 8 February 1989
Medicaid Home and Community Quality Services Act of 1989 - Amends title XIX (Medicaid) of the Social Security Act to require States to provide Medicaid coverage of community and family support services for severely disabled individuals who became disabled before age 22 and are living in a family home, foster family home, or community living facility. Requires that such services be provided in accordance with a written habilitation plan developed by an interdisciplinary team on the basis of a comprehensive assessment of the individual's strengths and the services and support necessary to: (1) enable such individual to attain or retain capabilities for independence or self-care; (2) promote interaction between disabled and nondisabled individuals within the community; and (3) enable disabled individuals who are over age 18 to engage in paid employment. Increases the age at which newly disabled individuals will be eligible for this Act's coverage so that eventually individuals who become disabled between age 22 and 50 will be covered. Lists the services which may comprise community and family support services, requiring that such services include at a minimum: (1) case management services; (2) individual and family support services; (3) specialized vocational services; and (4) protective intervention services. Excludes from such services: (1) room and board, other than room and board provided for less than six consecutive weeks and less than 12 weeks per year; (2) cash payments as a service; (3) aversive behavior intervention, management, or therapies; (4) services provided to a disabled individual living in a hospital, or skilled nursing or intermediate care facility; (5) educational services which the State makes generally available to its residents without cost and without regard to their income; and (6) services for which payment is made under title XVIII (Medicare), or part A (Aid to Families with Dependent Children) or B (Child Welfare Services) of title IV of the Act. Requires each State to make certain assurances regarding their provision of community and family support services and submit an implementation strategy to the Secretary of Health and Human Services. Requires that such implementation strategies: (1) describe the extent and scope of community and family support services provided to the severely disabled and the extent and scope of services provided to the severely disabled who are institutionalized; (2) set forth the objectives and a five-year strategy for expanding community and family support services for the severely disabled; (3) include certain procedures for transferring severely disabled, institutionalized individuals to family homes, foster family homes, or community living facilities; (4) set forth standards for the provision of community and family support services and a program for licensing and certifying all facilities and programs providing such services; (5) provide for assessments of the provision and affect of community and family support services and the correction of service deficiencies; (6) provide the public with an adequate opportunity to comment on the strategies; (7) set forth methods ensuring that the personnel providing community and family support services receive adequate training and are competent to provide such services; (8) provide that the State has in effect a management information system capable of collecting, storing, and retrieving data on the severely disabled who receive community and family support services; (9) provide an opportunity for an appeal and hearing before a hearing officer to individuals who believe themselves to be inappropriately served or denied an appropriate service, or who are being scheduled for an involuntary transfer from one living arrangement to another; (10) describe the methods to be used in administering community and family support services; and (11) set forth procedures to protect the interests of public employees who will be affected by the transfer of the severely disabled from public institutions. Allows States to provide any new community and family support service for up to three years without meeting the Medicaid requirements that it provide a service on a statewide basis and that the service be comparable in all parts of the State. Requires that intermediate care facility services for the mentally retarded include the ascertainment of the individual needs of each newly admitted individual by an interdisciplinary team within 30 days and the development of a written habilitation plan for each individual. Limits Medicaid payments to States for skilled nursing and intermediate care facility services furnished to individuals under age 65 who became disabled before age 22 to the amount payable for such services in the fiscal year ending after the enactment of this Act, increased if and by the extent to which the percentage increase in the consumer price index exceeds six percent. Makes such limitation inapplicable to facilities which have less than 16 beds or meet the size and location requirements for a community living facility. Requires States to have in effect a system to protect and advocate those rights of the severely disabled who are eligible for medical assistance which relate to the provision of such assistance. Provides Federal Medicaid matching funds for such system. Gives individuals who are adversely affected by a violation of this Act's requirements the right to bring an action to enjoin such violation. Allows States to set payment rates for community and family support services for the severely disabled. Authorizes States to treat severely disabled individuals under age 19 who are not in a medical institution as receiving benefits under title XVI (Supplemental Security Income) (SSI) of the Act for Medicaid eligibility purposes if they would be eligible for SSI benefits if institutionalized. Requires States to establish a uniform income standard for the severely disabled regardless of whether or not they are in a medical institution. Authorizes States to provide Medicaid coverage of disabled spouses and children who, except for the resources deemed to them, would be eligible for SSI benefits. Removes certain limitations on the Secretary's approval of reduction and correction plans for deficient intermediate care facilities for the mentally retarded. Makes individuals who are severely disabled and receiving or deemed to be receiving SSI benefits eligible for Medicaid as long as such qualifications continue to be satisfied. Directs the Secretary to establish, within the Health Care Financing Administration, a Bureau of Developmental Disabilities Services responsible for administering Medicaid programs for the severely disabled. Requires the Secretary to: (1) develop standards and a program for training Federal and State personnel who perform surveys of skilled nursing and intermediate care facilities to determine whether such facilities meet Medicaid participation requirements; and (2) periodically conduct studies of the reliability of such surveys and make the changes necessary to improve such reliability. Directs the Secretary to support the development of: (1) instruments to assess outcomes in the provision of this Act's services; and (2) competency-based personnel standards for agencies and organizations providing services to the severely disabled pursuant to this Act. Requires the Secretary to: (1) conduct an annual assessment of each State's compliance with this Act's requirements; and (2) issue final regulations regarding this Act's amendments prior to the first fiscal year beginning after this Act's enactment. Sets forth reporting requirements.
United States · United States Congress · 8 February 1989
Designates the week of April 23 through April 29, 1989, and the last full week of April of each subsequent year as National Organ and Tissue Donor Awareness Week.
United States · United States Congress · 7 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 · 7 February 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 · 7 February 1989
Effects presidential line item veto authority by requiring that each item of any continuing appropriations bill that is agreed to in the same form by both the Senate and the House of Representatives be enrolled as a separate bill for presentation to the President.
United States · United States Congress · 7 February 1989
Declares that, in celebration of Law Day, U.S.A., special emphasis and acknowledgment should be given to all law enforcement personnel for their service in preserving domestic tranquility and guaranteeing rights under law.
United States · United States Congress · 2 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 the Congress 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 on the Forest: (1) the impact of timber harvest on wildlife and fisheries resources and recreation resources and tourism, biological diversity, and the old growth rain forest ecosystem; (2) timber supply and demand in southeastern Alaska; and (3) costs and revenues of the timber sale program. 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. Title II: Management of the Tongass National Forest - Directs the Secretary to revise the Tongass National Forest Land Management Plan of 1979, in conformance with this Act and other applicable laws, to increase protection of the Forest's resources critical to the interests of the commercial fishing, recreation, and tourism industries, and the subsistence users in southeast Alaska. Requires specified reports to certain congressional committees. Title III: Moratorium on Timber Sales and Harvest - Prohibits the sale or harvest of timber (including timber sale preparation or road construction) upon forest lands during the revision of the management plan.
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
Medicare Catastrophic Coverage Revision Act of 1989 - Delays, for one year, the implementation of the Medicare Catastrophic Coverage Act of 1988, except for provisions of such Act expanding benefits under part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act.
United States · United States Congress · 2 February 1989
Anti-Corruption Act of 1989 - Amends the Federal criminal code to prescribe criminal penalties to be imposed against anyone who uses any facility of, or affects, interstate or foreign commerce to deprive or defraud the inhabitants of a State or political subdivision of: (1) the honest services of a government official or employee; or (2) a fair and impartially conducted election process through the use of fraudulent ballots or voter registration forms or the filing of fraudulent campaign reports. Prescribes criminal penalties to be imposed against anyone who deprives or defrauds the inhabitants of the United States of the honest services of a public official. Prescribes criminal penalties to be imposed upon any official who: (1) uses interstate commerce to deprive or defraud the inhabitants of any State or political subdivision of the right to have government affairs conducted on the basis of complete, true, and accurate information; or (2) in order to carry out or conceal any scheme or artifice to defraud, discriminates, harasses, or takes adverse action against any employee or official of the United States or any State or political subdivision. Authorizes such an adversely affected employee or official to obtain relief through a civil action, provided such person did not participate in the scheme or artifice. Amends mail fraud provisions to prohibit use of any facility of interstate or foreign commerce in the execution of a scheme or artifice to defraud.
United States · United States Congress · 2 February 1989
Calls for: (1) continued support for the Cooperative Extension System; and (2) commemoration of the 75th anniversary of the enactment of the Smith-Lever Act of 1914 on May 8, 1989.
United States · United States Congress · 31 January 1989
Postal Service Budgetary Treatment Act 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 not be counted for purposes of calculating the Federal deficit. Makes the U.S. Postal Service an off-budget Federal entity.
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 · 25 January 1989
State Energy Conservation Programs Improvement Act of 1989 - Amends the Energy Policy and Conservation Act to mandate that each State energy conservation plan which receives Federal assistance under the Act contain a specified reduction in energy consumption as one of its goals. Adds to Federal assistance eligibility prerequisites for proposed State energy conservation plans, including an emergency planning program for energy supply disruption and programs implementing all the functions currently performed by the Energy Extension Service. Repeals the National Energy Extension Service Act. Cites optional State energy conservation programs. Repeals the mandate for supplemental State energy conservation plans. Authorizes appropriations for energy conservation programs for FY 1990 through 1992. Establishes within the Department of Energy a State Energy Advisory Board to report annually to the Congress regarding recommended energy efficiency objectives, the technology transfer aspect of Federal research and development with respect to energy efficiency and renewable resources, and recommended changes with respect to State and Federal energy policies. Authorizes the use of loan programs and performance contracting for the non-Federal share of energy conservation project costs under the grant program. Cites conditions under which the Secretary is authorized to approve a State application for a waiver of: (1) the requirement that at least 40 percent of Federal weatherization assistance for low-income persons be used for weatherization materials; and (2) the limitations placed upon expenditures per dwelling unit for weatherization measures. Terminates the Performance Fund used for State weatherization assistance.
United States · United States Congress · 25 January 1989
Extends the regional referral center classification of hospitals so classified as of September 30, 1989, and the payment rates applicable to such hospitals under title XVIII (Medicare) of the Social Security Act through FY 1994.
United States · United States Congress · 25 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 · 25 January 1989
AFDC Quality Control Improvement Act of 1989 - Amends part A (Aid to Families with Dependent Children) of title IV of the Social Security Act to require, in order to establish and maintain improved AFDC quality control standards and procedures: (1) each State to collect and submit to the Secretary of Health and Human Services a statistically reliable sample of AFDC cases; (2) the Secretary to review the sample and notify the State of its error rates for overpayments and underpayments; and (3) the State to develop and submit to the Secretary a quality improvement plan for eliminating or reducing errors. Excuses a State from submitting a quality improvement plan if it has consistently had error rates below its error rate tolerance levels. Directs the Secretary to establish procedures for quality control review of AFDC cases and criteria for State quality improvement plans. Reduces Federal AFDC payments to a State to the extent the State's overpayments exceed its overpayment error rate tolerance level. Sets State overpayment tolerance levels pursuant to a formula which takes into account variations among States in population density and caseload volume and composition. Disregards State errors resulting from recent changes in Federal AFDC eligibility criteria or administrative policies. Permits a State to base a request for the waiver of this Act's sanctions upon a showing that it has made a good faith effort to reduce or eliminate overpayments or underpayments, or that the Secretary incorrectly calculated its overpayment or underpayment error rate. Directs the Secretary to grant such a waiver to a State which expends additional State or local funds, equal to or exceeding one-half of the sanctions which would otherwise be applied against such State, to reduce overpayments or underpayments. Defines "overpayments" as (1) payments to ineligible families; and (2) overpayments to eligible families. Defines "underpayments" as underpayments to eligible families. Makes the preceding quality control standards and procedures effective with respect to FY 1987 and thereafter. Eliminates the backlog of overpayment sanctions applicable to FY 1981 through 1986 by imposing such sanctions only against those States, in each such fiscal year, whose error rates are significantly outside the distribution of such rates among States. Directs the Secretary to report to specified congressional committees, three years after this Act's enactment, regarding the appropriateness of the error rate tolerance levels established pursuant to this Act. Sets State underpayment error rate tolerance levels, applicable beginning in FY 1989, considering the same factors used in determining overpayment tolerance levels. Requires that States set aside an amount equal to the amount by which its underpayments exceed its underpayment tolerance level and use such amount to increase AFDC payments or improve the administration of the AFDC program. Provides an incentive payment to States whose overpayment error rate is below three percent. Sets incentive payments at one-half of the reduction in Federal payments attributable to error rates being below three percent. Includes terminations and denials of AFDC eligibility in this Act's data collection and quality control review requirements. Directs the Secretary to develop and report to the Congress, within two years of this Act's enactment, on an improved methodology for measuring a State's performance with respect to inappropriate denials and terminations of AFDC eligibility. Includes, beginning on the first calendar quarter beginning one year or more after this Act's enactment, erroneous denials or terminations of AFDC eligibility within the definition of "underpayments" to which error rate tolerance levels apply.
United States · United States Congress · 25 January 1989
Emergency Medical Services and Trauma Care Improvement Act of 1989 - Amends the Public Health Service Act to create a new title on trauma care. Directs the Secretary of Health and Human Services to provide for the establishment and operation of a National Clearinghouse on Emergency Medical Services and Trauma Care. Authorizes appropriations for FY 1990 through 1992 or for the first three fiscal years for which funds are appropriated. Authorizes the Secretary to make grants and enter into cooperative agreements and contracts with respect to emergency medical services and trauma care systems to: (1) conduct and support research, training, evaluations, and demonstration projects; (2) provide technical assistance to State and local agencies; and (3) establish guidelines for the development of uniform State data reporting systems. Directs the Secretary to make an allotment for each State for each fiscal year, mandating that at least 35 percent, subject to adjustment, be used for planning, implementing, monitoring, and evaluating the operation of county, regional, or State trauma care systems. Sets forth requirements for such systems. Requires States to use at least 35 percent of the amount available to them for a fiscal year to reimburse designated trauma centers for uncompensated trauma care expenditures. Requires non-Federal matching contributions (in cash or in kind) in a specified ratio for fiscal years after FY 1990. Requires each State, for each fiscal year beginning with FY 1990, to submit the trauma care component of the State emergency medical services plan (State plan) to the Secretary. Sets forth requirements for the State plan. Requires that hospital emergency departments, within their capability, if an individual appears and requests examination and treatment: (1) examine for the existence of an emergency medical condition or active labor and, if such a condition or labor exists, treat the individual until stable, subject to exception; and (2) transfer such individual to other facilities only according to stated criteria. Requires States to adopt guidelines for the designation of trauma centers, and for triage, transfer, and transportation policies, at least as stringent as the applicable guidelines developed by the American College of Surgeons and by the American College of Emergency Physicians. Mandates that States: (1) require each trauma center to provide certain information to the State central data reporting system annually; (2) submit, to the Secretary at least annually, the information it receives from its data reporting and analysis system; and (3) identify and submit to the Secretary a list of rural areas lacking certain emergency medical services. Sets forth restrictions on the use of State allotments. Requires an annual report from each State to the Secretary. Sets forth a formula for determination of the amount of allotments. Provides for: (1) repayment and offset for failure to use funds as agreed; (2) criminal penalties for certain false statements; (3) technical assistance and provision of supplies and services by the Secretary in lieu of grant funds; and (4) a report by the Secretary to the Congress. Authorizes appropriations for FY 1990 through 1992. Directs the Secretary of Health and Human Services to conduct studies: (1) to determine the adequacy and appropriateness of the reimbursements provided to trauma centers under title XIX (Medicaid) of the Social Security Act; and (2) of the long-term economic effects of trauma. Amends the Public Health Service Act to revise the application procedure for Preventive Health and Health Services Block Grants to provide the State officer responsible for the administration of the State highway safety program an opportunity to participate in the development of any plan relating to emergency medical services as such plan relates to highway safety. Allows the State official responsible for the provision of emergency medical services the opportunity to participate in the development of the State highway safety program as such program relates to emergency medical services. Amends the Public Health Service Act and the Consolidated Farm and Rural Development Act to allow certain grant allotments to be used for the purchase of communications equipment. Requires the Federal Communications Commission to: (1) study the availability of radio frequency channels for emergency medical services communications; (2) establish a plan to ensure that the needs of emergency medical services communications are provided for in the allocations of frequencies for public safety; and (3) submit a report to committees of the Congress containing such study and plan.
United States · United States Congress · 25 January 1989
Federal Debt Collection Procedures Act of 1989 - Title I: Debt Collection Procedures - Establishes a uniform, nationwide system of procedures to facilitate the collection of debts owed to the United States. Provides that the United States shall not be barred by the statute of limitations of any State in the enforcement of any of its claims. Establishes a pre- and post-judgment right of discovery with respect to the financial condition of any debtor. Establishes special rules with respect to the sale of perishable property during the pendency of any proceeding to recover debts owed to the United States, except with respect to proceedings to attach certain debtor property. Grants U.S. counsel and non-attorney debt collection personnel absolute immunity from liability arising from errors, omissions, or negligence in performing their official debt collection duties. Allows U.S. district courts to assign their duties in proceedings under this Act to U.S. magistrates. Authorizes appropriations. Permits a U.S. Attorney to commence a proceeding against parties for the purpose of determining whether a claim for relief should be asserted whenever the United States believes that an illegal activity threatens to deprive it of a claim. Allows the United States to name as an additional defendant any party believed to owe sums to the debtor arising out of the transaction giving rise to the obligation to the United States. Permits the United States to seek any prejudgment remedy allowed by law. Sets forth procedures to be followed by the United States under such circumstances. Establishes additional procedural requirements with respect to the attachment of property, garnishment, sequestration, and replevin. Prohibits a U.S. marshal from selling property unless ordered by the court. Allows the United States to apply for the appointment of a receiver for property in which it has an interest and which is or will be the subject of a court action. Sets forth the powers of the receiver. Allows the district court to enter a "judgment by confession" in favor of the United States without the filing of a civil action for money due and owing. States that a judgment creates a lien upon all the real property of a judgment debtor. Makes any person who is the subject of such a lien ineligible for Federal grants and loans. Allows the district court to order the United States to sell any real property subject to its judgment lien. Sets forth procedures for determining the applicable interest to be charged on judgments. States that such liens shall be effective for a period of 20 years and renewable for one additional 20-year period. Sets forth procedures with respect to: (1) the issuance of restraining notices; (2) the sale of real and personal property subject to levy pursuant to a writ of execution; (3) installment payments; and (4) garnishment. Grants the court power to: (1) modify the use of any enforcement procedure; (2) punish for civil and criminal contempt with respect to an enforcement procedure or order under this Act; and (3) under certain circumstances, issue a warrant for the arrest of a judgment debtor. Lists the types of property exempt from the enforcement procedures of this Act, including the debtor's: (1) interest in real property used as a residence; (2) interest in one motor vehicle; (3) interest in unmatured life insurance contracts; and (4) right to receive social security, veterans' disability, or unemployment benefits. Places certain limitations on exempt property. Provides remedies for the fraudulent transfer of an asset by a debtor. Allows the United States to bring an action in U.S. district court to compel a partition of property among co-owners and tenants. States that Federal law shall govern: (1) any action by the United States to foreclose security interests in real property; and (2) the right of the United States to collect a deficiency following the foreclosure of a loan guaranteed or insured by the United States. Title II: Amendments to Other Provisions of Law - Makes technical and conforming amendments to various provisions of Federal law. Establishes in the Treasury the Department of Justice Debt Collection Fund, which shall be used to: (1) train Department personnel in debt collection; (2) provide services pertinent to debt collection; and (3) cover expenses associated with the sale of property. Authorizes appropriations for FY 1989 through 1992. Allows the court to order that criminal appearance bail bonds be applied to the payment of any assessment, fine, restitution, or penalty imposed upon the defendant.
United States · United States Congress · 25 January 1989
Family Planning Amendments of 1989 - Amends the Public Health Service Act to remove, from provisions relating to project grants and contracts for family planning services, provisions allowing the Secretary of Health and Human Services (Secretary), at the request of a grant recipient, to reduce the amount of the grant by the value of supplies or equipment furnished by the Secretary. Authorizes appropriations for such grants and contracts for FY 1990 through 1992. Repeals existing formula grant provisions. Authorizes appropriations for FY 1990 through 1992 for technical assistance and personnel training, including clinical training for obstetric-gynecologic nurse practitioners and training for educators and counselors. States that research grants and contracts may be made for evaluation as well as for development of contraceptives, and to improve clinical management and direct delivery of family planning services. Authorizes the Secretary to conduct, make grants, and enter into contracts for applied research into the development, evaluation, and bringing to the marketplace of contraceptive devices, drugs, and methods. Authorizes appropriations for FY 1990 through 1992. Authorizes the Secretary to make grants or enter into contracts for community-based information and education programs regarding sexuality, pregnancy, parenthood, and sexually transmitted diseases. Directs the Secretary to make grants and enter into contracts for the development, evaluation, and dissemination of educational and informational materials consistent with the objectives of such programs. Authorizes appropriations for FY 1990 through 1992. Directs the Secretary to collect data annually on: (1) the number of low-income and marginal-income individuals and adolescents at risk of unintended pregnancies; (2) the sources of funding available for family planning services in the United States; (3) the numbers and age, gender, race, and family income of persons who receive family planning services; and (4) the types of services chosen by individuals receiving services.
United States · United States Congress · 25 January 1989
Senatorial Election Campaign Act of 1989 - Amends the Federal Election Campaign Act of 1971 to provide for spending limits and benefits for Senate general elections. Sets forth eligibility requirements for such benefits, including: (1) that a candidate has raised contributions totaling a specified minimum amount based on the State voting age population; (2) that such contributions have come from individuals, and that no individual has contributed more than $250; (3) that a candidate will abide by spending and other limitations of this Act; (4) that a specified percentage of contributions have come from constituents; (5) that at least one other candidate has qualified for the same general election; and (6) that a candidate apply for benefits under this Act. Provides that a contribution may not be counted unless: (1) it is made on a written instrument identifying the person making the contribution; (2) it is not made through an intermediary or conduit; (3) it is made by an individual and does not exceed the aggregate of $250; and (4) it was received after January 1 of the year preceding the election. Provides for increasing threshold amounts under this Act in accordance with increases in the price index. Limits personal expenditures during an election cycle to $20,000 and aggregate spending to $400,000 plus: (1) 30 cents multiplied by the voting age population of States having a voting age population of 4,000,000 or less; or (2) 30 cents multiplied by 4,000,000 plus 25 cents multiplied by the voting age population over 4,000,000 in States having a voting age population over 4,000,000. Limits overall spending to not less than $950,000 nor more than $5,500,000. Prohibits benefits to an eligible candidate who spends for the primary election more than 67 percent of the limitation on expenditures for the general election or more than $2,750,000, whichever amount is less. Prohibits payments to a candidate who spends for a runoff election more than 20 percent of the maximum amount of the limitation applicable to such candidate. Establishes spending limitations for a candidate in a State with no more than one transmitter for a commercial VHF television station. Allows a candidate to establish a fund with private contributions of up to ten percent of the general election spending limit to defray the costs of legal and accounting services provided solely to insure compliance with this Act. Permits the candidate to petition the Federal Election Commission for a waiver of such limitation if such costs exceed the limitation. Requires, upon the termination or dissolution of such fund, that remaining amounts be contributed to the Treasury to reduce the budget deficit or transferred to a subsequent compliance fund. Increases the primary and runoff election spending limits by the amount of independent expenditures against a candidate or for his opponent during the two-year election cycle. Allows a candidate to accept private contributions in the event of a prorated payment from the Senate Fund. Establishes formulae for determining entitlements of candidates of a major party and for those not of a major party. Entitles candidates to certain broadcast media rates and mailing rates. Provides for additional payments and suspension of spending limits in cases where non-participating candidates and their committees exceed spending limitations. Permits candidates who receive such additional benefits to use funds to defray expenditures in the general election. Prohibits the use of such benefits to: (1) make any payments directly or indirectly to the candidate or the candidate's immediate family; (2) make expenditures other than to further the general election; (3) make expenditures in violation of State or Federal law; or (4) repay any loan except to the extent the proceeds of such loan were used to further the general election. Requires the Federal Election Commission to certify the eligibility of candidates to the Secretary of the Treasury in order for such candidates to receive benefits. Requires the Secretary to maintain in the Presidential Election Campaign Fund the Senate Fund for the deposit of funds for payments to eligible candidates. Makes candidates liable for repayment to the Fund for any excess amounts they receive. Provides for prorating payments when monies in such Fund are insufficient. Directs the Commission, after each general election, to audit the campaign expenses of publicly financed candidates. Establishes criminal penalties for knowing or willful violations of this Act. Subjects Commission actions under this Act to judicial review by the United States Court of Appeals for the District of Columbia Circuit. Directs the Commission, after each election, to report to the Senate on actions taken under this Act. Authorizes appropriations to the Commission as necessary. Amends the Internal Revenue Code to increase the amount an individual may designate to the Presidential Election Campaign Fund from $1 to $2 (and in the case of joint returns, from $2 to $4). Sets forth reporting requirements for Senate candidates relating to spending limitations, candidacy eligibility, and independent expenditures. Requires each political committee active in non-Federal elections and maintaining separate accounts for such purpose to file with the Commission reports of funds received into, and disbursements made from, such accounts for activities which may influence elections to Federal office. Requires, when two or more persons make expenditures in concert to promote the election or defeat of a candidate, each such person to report to the Commission on such expenditures. Requires political committees to report the name and address of secondary payees who provide goods and services to the candidate. Requires a Senate candidate, within 15 days of qualifying for a primary ballot, to file a declaration with the Commission stating whether he or she intends to expend from personal funds, and the funds of the candidate's immediate family, and incur personal loans in connection with the campaign in the aggregate of $250,000 or more for the election cycle. Requires a candidate who makes such expenditures to report to the Commission within 24 hours after such expenditures have been made, and thereafter, each time an expenditure exceeds $10,000. Requires the Commission to notify eligible candidates of such reports. Limits the amount that political committees may contribute to House elections to $100,000 for a general or special election and $25,000 for a runoff election. Limits contributions to Senate elections to 30 percent of spending limits established by this Act for Senate candidates. Limits contributions to State committees of a political party to: (1) $25,000; or (2) two cents multiplied by the voting age population of the State, whichever is greater. Declares such contributions to State committees applicable to each two-year election cycle. Prohibits a congressional campaign committee from accepting, during a two-year election cycle, contributions from multicandidate political committees and separate segregated funds which exceed 30 percent of the total expenditures which may be made during such cycle by that committee on behalf of congressional candidates. Prohibits a national committee of a political party from accepting contributions from multicandidate political committees and separate segregated funds during the election cycle which equal an amount in excess of two cents multiplied by the voting age population of the United States. Provides that such prohibition does not apply to direct mail communications designed for fundraising purposes which make only incidental reference to Federal candidates. Provides for the accountability of contributions made by intermediaries or conduits. Describes when an expenditure shall not constitute an independent expenditure for purposes of this Act. Requires, when independent expenditures are made for television broadcast communications, that a statement appear continuously during such broadcast showing the name of the person or committee making such expenditure. Requires any type of general public communication to include such statement. Prohibits the use of campaign contributions to repay loans by a candidate to the candidate or the candidate's authorized committees. Makes referral to the Justice Department by the Commission mandatory in the case of criminal matters. Includes as a contribution to a Senate candidate an extension of credit for more than 60 days in an amount of more than $1,000. Amends provisions of law regarding the Postal Service to provide for reduced rates for eligible Senate candidates. Amends the Federal Election Campaign Act of 1971 to require a non-eligible Senate candidate to disclose in advertisements or announcements that such candidate has not agreed to spending limits set forth under this Act. Repeals the exception which permits a Member of Congress who was such a Member on January 8, 1980, to convert excess campaign contributions to personal use. Requires presidential candidates to certify to the Commission that during the presidential primary and general election period, the candidate and his authorized committees and agents have not and will not solicit, receive, or spend, directly or indirectly, any funds in connection with a Federal, State, or local election unless such funds are subject to Federal fundraising and expenditure limitations. Prohibits a State committee of a political party from making any expenditure in connection with the general election campaign of any presidential candidate affiliated with such party which exceeds an amount equal to four cents multiplied by the voting age population of that State. Subjects to Federal fundraising and expenditure limitations any amount solicited, received, or spent by a national, State, or local committee of a political party, if such amount is solicited, received, or spent in connection with a Federal election. Amends the Federal Election Campaign Act of 1971 to revise membership requirements of the Federal Election Commission.
United States · United States Congress · 25 January 1989
Chemical and Biological Weapons Control Act of 1989 - Requires the imposition of certain sanctions against any foreign country which uses chemical or biological weapons in violation of international law or against its own citizens. Specifies such sanctions as: (1) a prohibition against the sale or export to any such country of any item on the U.S. Munitions List; (2) a prohibition against the exportation to any such country of any goods or technology listed on the control list established pursuant to the Export Administration Act of 1979; (3) U.S. opposition to any loan or financial or technical assistance to any such country by international financial institutions; (4) a prohibition against U.S. military or economic assistance to the sanctioned country; (5) a prohibition against the importation of any goods or services from any such country; (6) a prohibition against credit or credit guarantees through the Export-Import Bank of the United States; (7) a prohibition against U.S. banks making any loan or providing any credit to any such country; and (8) a denial of landing rights in the United States to any airline owned by the government of any such country. Authorizes the President to waive some or all of such sanctions for a period not to exceed nine months upon a determination that such a waiver would be in the national interest. Requires the President to notify the Congress of the imposition of such sanctions not later than five days after such sanctions become effective. Provides for the removal of such sanctions after specified conditions are met. Provides for the sanctity of contracts entered into prior to the date on which Congress is notified of the imposition of sanctions. Requires the President to report to the Congress every 180 days on: (1) efforts by Iran, Iraq, Libya, Syria, and other developing nations to acquire materials and technology to produce and deliver chemical and biological weapons; and (2) an assessment of such countries' present and future capability to produce and deliver such weapons. Urges the President to cooperate in multilateral efforts to control chemical and biological weapons and to give full support to United Nations involvement in such efforts.
United States · United States Congress · 25 January 1989
Hatch Act Reform Amendments of 1989 - Declares that a Federal employee may take an active part in political management or in political campaigns, except that an employee may not: (1) use official authority or influence for the purpose of interfering with or affecting the result of an election; (2) knowingly solicit, accept, or receive a political contribution from any person, unless such person is a member of the same Federal employee organization and the solicitation is for a contribution to the multicandidate political committee of such organization; or (3) run for the nomination or as a candidate for election to a partisan political office. Prohibits an employee from engaging in political activity: (1) while on duty; (2) in any room or building occupied in the discharge of official duties by a Federal employee or official; (3) while wearing a uniform or official insignia identifying the office or position of the employee; or (4) while using any vehicle owned or leased by the Government. Exempts certain high level political appointees from such prohibitions if the costs associated with the political activity are not paid for by money derived from the Treasury. Includes U.S. Postal Service, Postal Rate Commission, and District of Columbia employees within the coverage of this Act.
United States · United States Congress · 25 January 1989
Act for Better Child Care Services of 1989 - Makes eligible for services under this Act children: (1) who are less than 16 years of age; (2) whose family income does not exceed the State median income for a family of the same size; and (3) who either reside with a parent or parents who are working, seeking employment, or enrolled in a job training or educational program, or reside with a parent or parents not thus described and receive or need to receive protective services. Authorizes appropriations for FY 1990 through 1994. Directs the Secretary of Health and Human Services (the Secretary) to make grants to applicant Indian tribes or tribal organizations for programs and activities under this Act for the benefit of Indian children. Requires the designation of a lead agency in each State which participates in the program under this Act. Requires States to submit, in order to qualify for assistance under this Act, an application and five-year plan to the Secretary. Requires the plan to specify that at least 75 percent of the State allotment will be used to provide qualified child care services to eligible children, on a sliding fee scale basis (according to specified funding methods) with priority given to services to children of families with very low incomes for their size. Requires that child care services provided out of a State allotment be provided by: (1) contracts directly with or direct grants to eligible child care providers; (2) grants to local governments to contract with such providers to provide such services directly; or (3) child care certificates distributed to parents of eligible children to enable them to purchase such services from such providers. Requires that a specified portion of State allotment funds be used to enable providers to extend the hours of operation of part-day programs to provide full-working-day child care services throughout the year. Prohibits financial assistance under this Act from being expended for the construction of a new facility, and sets forth limitations on such assistance for renovation or repair of existing facilities. Authorizes the Secretary to make planning grants, in the first year of their program participation, to States which desire to participate under this Act but cannot fully satisfy the requirements of a State plan without financial assistance. Provides for a review of the operation of a State plan during the five-year period to determine the State's continued eligibility for funds. Directs the Governors of each participating State to establish, and appoint members of, a State advisory committee on child care to assist the lead agency, review and evaluate services, make recommendations on standards and practices, and perform other functions to improve the quantity and quality of child care services. Requires the committee to have a subcommittee on licensing to review the laws applicable to, and the licensing requirements and policies of, each licensing agency regulating child care services and programs in the State (unless the State has done such a review during the four years before the establishment of the committee). Requires the subcommittee to report to the Governor on specified matters, and the Governor to report to the Secretary with comments and a plan for correcting or improving licensing, regulating, and monitoring of child care services and programs. Requires States receiving funds under this Act to designate private nonprofit community-based organizations or public organizations, including local governments, as resource and referral agencies for particular areas, and to provide assistance to such agencies. Requires each participating State to require that all employed or self-employed persons providing licensed or regulated child care complete at least 15 hours per year of specified training. Directs the State to make grants, and enter into contracts with, specified entities to provide such training to eligible providers, including family child care providers. Requires participating States to provide scholarship assistance to: (1) individuals who seek a nationally recognized child development associate credential for center-based or family child care and whose income is not more than 50 percent above the poverty line; and (2) caregivers who seek to obtain the 15-hour minimum annual training and whose income is not above the poverty line. Requires States to establish in the lead agency a clearinghouse to collect and disseminate training materials to resource and referral agencies and child care providers. Provides for child care public-private partnership. Requires participating States to carry out activities designed to encourage businesses to support or provide child care services to a reasonable mix of children of employees and nonemployees, including those from different socioeconomic backgrounds. Establishes the President's Award for Responsive Management Policy to honor public and private sector employers who have: (1) successfully implemented personnel programs and policies responsive to child care needs of working parents; or (2) made significant contributions to child care projects. Directs the Secretary of Labor to promulgate regulations for annual awards by the President. Establishes in the Department of Health and Human Services the position of Administrator of Child Care who shall: (1) coordinate all activities of the Department and of other Federal agencies relating to child care; (2) annually collect and publish State child care standards, including periodic modifications; (3) evaluate activities funded under this Act; (4) act as a clearinghouse for specified matters, including studies on salaries of child care workers; and (5) provide technical assistance to States to carry out this Act. Establishes enforcement provisions for review of State plans and monitoring of State compliance. Sets the Federal share for funding activities under a State plan at 80 percent, but raises it to 85 percent when the State demonstrates that all child care providers are appropriately licensed and regulated and that those receiving assistance meet certain requirements and minimum standards. Requires the Secretary to establish a National Advisory Committee on Minimum Child Care Standards to: (1) review Federal policies on child care services and such other data as appropriate; (2) submit to the Secretary proposed minimum standards for child care programs; and (3) develop and make available to lead agencies model regulations for resource and referral agencies. Terminates the Committee after the Secretary establishes such standards. Prohibits financial assistance under this Act from being used for: (1) any sectarian purpose or activity, including sectarian worship and instruction; and (2) with regard to services to students in grades one through 12, any services during the regular school day, or for which academic credit is given toward graduation, or which supplant or duplicate a public or private school academic program. States that financial assistance under this Act constitutes Federal financial assistance for purposes of various civil rights and nondiscrimination laws. Prohibits a child care provider from discriminating against any child on the basis of religion in providing child care services in return for a fee paid, reimbursement received, or certificate redeemed, in whole or in part with financial assistance provided under this Act. Provides that nothing in this Act shall be construed or applied in any manner to infringe upon or usurp the the moral and legal rights and responsibilities of parents or legal guardians. Authorizes any State to assist in the establishment and operation of a child care liability risk retention group (i.e., a corporation or other limited liability association whose members are child care providers licensed or accredited pursuant to State and local law and standards, and which otherwise satisfies specified criteria for risk retention groups). Directs the Secretary to make allotments to each State for such child care liability risk retention groups, on the basis of a specified formula.
![Official portrait of Sen. Biden, Joseph R., Jr. [D-DE]](https://www.congress.gov/img/member/b000444_200.jpg)