United States · United States Congress · 25 October 1989
Tourism Policy and Export Promotion Act of 1989 - Declares it to be the national goal to increase U.S. export earnings from U.S. tourism and transportation services with an eye toward: (1) the elimination of the travel and tourism export deficit of the United States and the U.S trade deficit; and (2) the achievement of a travel and tourism export surplus. Amends the Trade Act of 1974 to require the United States Trade Representative (USTR) to identify foreign trade barriers to U.S. travel and tourism. Requires the USTR to submit the National Trade Estimate to the President and the Senate Committees on Finance and Commerce, Science, and Transportation. Amends the International Travel Act of 1961 to require each annual tourism trade development plan to focus on those countries in which tourism trade development has the greatest potential for increasing travel and tourism export revenues. Declares that the Congress finds that increased efforts directed at the promotion of rural tourism will contribute to the economic development of rural America. Establishes the Rural Tourism Foundation. Authorizes appropriations.
United States · United States Congress · 25 October 1989
Amends the Disaster Assistance Act of 1989 to specify that the "net value" rather than the "value" of a replacement crop shall be considered when making specified disaster payment reductions. Applies such reductions only to replanted acreage. Requires separate consideration of planted and replanted acreage in determining emergency crop loss assistance under such Act. Requires the Secretary of Agriculture in determining replacement crop value to: (1) consider only the amount of replacement crop production that is in excess of 50 percent of the county average yield for such crop; (2) base the value of the excess replacement crop production on average market prices for such crop over a representative period; (3) reduce such crop's value by 25 percent; and (4) consider historical cropping patterns. Authorizes the Secretary to make crop acreage base adjustments to reflect crop rotation practices due to natural disasters. Amends the Agricultural Adjustment Act of 1938 to: (1) revise the formula for determining farm poundage quotas for dark air-cured tobacco and fire-cured tobacco; and (2) revise the definition of "preliminary farm yield" for other than flue-cured tobacco. Amends the Food Security Act of 1985 to permit the Secretary to waive the principal due on agricultural regular or producer reserve loans in order to avoid loan collateral forfeiture.
United States · United States Congress · 25 October 1989
Social Security Preservation Act - Amends the Congressional Budget and Impoundment Control Act of 1974 to exclude, beginning with FY 1990, Federal Old-Age and Survivors Insurance Trust Fund and Federal Disability Insurance Trust Fund receipts and outlays from Federal deficit determinations for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Increases the permissible maximum deficit amounts for FY 1990 through 1992. Establishes allowable maximum deficits for FY 1993 and 1994, to reach zero with respect to FY 1995. Amends the Social Security Act to require the Board of Trustees of the Trust Funds to review methods of maximizing the investment return on the social security trust funds.
United States · United States Congress · 18 October 1989
Amends the Surface Mining Control and Reclamation Act of 1977 to raise from 100,000 to 300,000 tons the eligibility threshold for a small surface coal mine operator for Federal assistance for designated mining-related activities upon the operator's written request in connection with a permit application. Provides that the records and information generated pursuant to such activities shall be for the sole use of the pertinent regulatory authority and coal operator and are exempt from disclosure under the Freedom of Information Act. Mandates that the regulatory authority: (1) provide or assume the cost of training coal operators in permit preparation and program compliance; and (2) ensure that coal operators are aware of the assistance available under this Act. Mandates that a coal operator reimburse the program administrator for services rendered if the administrator finds that such operator's total actual and attributed annual coal production exceeds 300,000 tons.
United States · United States Congress · 16 October 1989
Declares that the Congress acknowledges and appreciates the commitment, devotion, and sacrifices of present and former military families. Designates November 20, 1989, as National Military Families Recognition Day.
United States · United States Congress · 6 October 1989
Cofiring Promotion Act of 1989 - Directs the Secretary of Energy to: (1) establish and implement a research and demonstration program for cofiring natural gas with coal in utility and large industrial boilers; and (2) enter into cooperative agreements with appropriate parties for demonstrating cofiring technology. Authorizes appropriations for FY 1990 through 1992. Amends the Internal Revenue Code to: (1) include cofiring activities within the scope of the research and development income tax credit; (2) apply the accelerated cost recovery system to cofiring equipment; and (3) exclude depreciation associated with cofiring equipment from taxable income under the alternative minimum tax. Amends the Clean Air Act to provide that its new source performance standards do not include any physical change or change in the manner of operation of an electric utility or industrial boiler related to cofiring natural gas with coal (thus exempting such facilities from the Act's permit review and performance standards).
United States · United States Congress · 29 September 1989
Satellite Television Fair Marketing Act - Amends the Communications Act of 1934 to require anyone who encrypts satellite delivered programming for private viewing to: (1) make it available for private viewing by home satellite antenna users; (2) establish reasonable character and financial criteria for distributors of such programming; and (3) not discriminate between distributors for cable television subscribers and distributors for satellite antenna users, or among distributors offering similar distribution services to home satellite antenna users. Prohibits the manufacture or sale of equipment which makes possible the reception of encrypted satellite delivered programming without the authorization of the person encrypting such programming. Provides for the private enforcement of this Act. Directs the Federal Communications Commission (FCC) to undertake a notice of inquiry, conduct a semiannual review, and report to the Congress concerning the effect of decoder price and availability on the ability of consumers to receive satellite television programming. Requires such inquiry to examine: (1) the economic impact on consumers resulting from manufacturers' measures to secure encryption technologies in existing and future devices required to receive satellite television programming; (2) whether lack of competition in the manufacture of home satellite television encryption equipment has produced artificially high consumer prices for such equipment; and (3) whether a single manufacturing licensing source restricts the evolution of competition among various providers of such equipment to distributors, retail entities, and consumers. Requires the FCC to include the development and integration of satellite television encryption and transmission standards in any current and future inquiries regarding high definition television technologies. Directs the Federal Trade Commission to investigate the competitiveness of the market for satellite television programming for home satellite antenna owners and, if necessary, to establish remedies to produce a competitive market. Requires the FCC to initiate a rulemaking to facilitate the provision of network broadcasting signals to persons unable to adequately receive a signal over the air from a local licensee.
United States · United States Congress · 28 September 1989
Directs the Senate Committee on Rules and Administration to prepare a revised edition of the Senate Rules and Manual. Requires that such manual be printed as a Senate document. Provides that 1,000 copies shall be for the use of the Senate and 1,000 copies shall be bound and delivered as directed by the Committee.
United States · United States Congress · 27 September 1989
Savings and Investment Incentive Act of 1989 - Amends the Internal Revenue Code to exempt from the ten percent penalty tax on early distributions from qualified retirement plans: (1) first-time homebuyer distributions; and (2) qualified higher education expenses. Allows a deduction for 50 percent of the contributions made to individual retirement plans.
United States · United States Congress · 27 September 1989
United States Congressional Gift of Democracy to Poland Resolution - Requires the Speaker and Minority Leader of the House of Representatives, Majority and Minority Leaders of the Senate, and the Librarian of Congress to assign staff to travel to Poland and: (1) assess the training and equipment needs of the Polish Sejm and Senate; (2) assist Poland in developing an effective Parliament; and (3) within 30 days of completing such assessment, submit a report to the Congress and Librarian of Congress on its findings. Requires the leadership of the Congress, upon receipt of such report, to identify and secure the means to implement an appropriate U.S. congressional gift of democracy to Poland in the form of equipment and training for the new Senate and Sejm. Encourages the leadership to coordinate this effort with private and public sector experts and with parliaments in Western Europe. Provides for reimbursement of travel expenses.
United States · United States Congress · 25 September 1989
Authorizes the Speaker of the House of Representatives and the President pro tempore of the Senate to present a bronze medal to individuals who: (1) were members of the armed forces and were present in Hawaii on December 7, 1941; and (2) participated in combat operations that day against Japanese military forces attacking Hawaii. Directs the Secretary of the Treasury to strike such medals. Authorizes the Secretary to provide for the sale of bronze duplicates of the medal. Authorizes appropriations which are to be reimbursed out of the proceeds from sales of the medals.
United States · United States Congress · 20 September 1989
Amends the Railroad Retirement Solvency Act of 1983 to extend for two years provisions for the transfer of tier 2 railroad retirement benefit taxation revenues from the general fund of the Treasury to the Railroad Retirement Account.
United States · United States Congress · 12 September 1989
Federal Aviation Administration Independent Establishment Act of 1989 - Establishes the Federal Aviation Administration as an independent Federal agency to succeed the Federal Aviation Administration of the Department of Transportation. Provides that the Administrator of the Administration shall be appointed by the President with the advice and consent of the Senate. Transfers to such independent agency all functions vested in the Federal Aviation Administration currently in the Department of Transportation and all functions vested in such Department which are administered through the Federal Aviation Administration or are related to it. Requires the Administrator to submit to certain congressional committees a three-year development plan for: (1) air traffic control; (2) aviation standards; (3) airport security; (4) airport and airway development; and (5) research and development. Establishes the Aviation Trust Fund Account to meet specified obligations incurred by the Administration. Amends the Internal Revenue Code to terminate the Airport and Airway Trust Fund on October 1, 1993. Transfers all amounts in such Trust Fund to the Aviation Trust Fund Account. Establishes the Federal Aviation Advisory Committee to advise the Administrator. Terminates such Committee one year after the effective date of this Act. Amends the Airport and Airway Improvement Act of 1982 to authorize appropriations through FY 1991. Amends the Inspector General Act of 1978 to include within its purview the independent Federal Aviation Administration.
United States · United States Congress · 7 September 1989
Commends the crew members of, and Federal Aviation Administration personnel involved with, United flight 232 for their efforts on behalf of the passengers of that flight.
United States · United States Congress · 4 August 1989
Amends the Public Utility Holding Company Act of 1935 to cite conditions under which a holding company and its electric utility subsidiary are exempt from the provisions of such Act.
United States · United States Congress · 4 August 1989
Prohibits the Environmental Protection Agency (EPA) from enforcing, during the 12-month period following the enactment of this Act, its underground petroleum storage tank financial responsibility regulations promulgated pursuant to the Solid Waste Disposal Act with respect to certain underground tank owners. Permits enforcement after such period if the Administrator of the EPA determines that such enforcement would not impose an unjust economic burden on the owners. Requires the Administrator to conduct a study for the purpose of identifying the principal economic difficulties associated with compliance by underground tank owners with EPA technical standards for such tanks. Directs the Administrator to report the results of such study to specified congressional committees.
United States · United States Congress · 4 August 1989
Urges the President to ensure that the United States does not submit a proposal to include maritime transportation in the forthcoming General Agreement on Tariffs and Trade (GATT) discussions regarding trade-in-services industries and to oppose any proposals by foreign nations which are similar or which could result in a contraction of the U.S.-flag merchant marine.
United States · United States Congress · 2 August 1989
Rural Hospital Improvements Act of 1989 - Amends title XVIII (Medicare) of the Social Security Act to provide an additional payment to each Medicare-dependent, small, rural hospital for discharges occurring from FY 1989 through 1994 equal to the amount by which such hospitals' reasonable costs exceed Medicare payments for such discharges. Maintains the regional referral center classification and payment rate of each hospital so classified as of September 30, 1989, until the Medicare urban/rural hospital reimbursement differential is eliminated.
United States · United States Congress · 24 July 1989
Amends the Internal Revenue Code to exclude from the minimum coverage requirements for pensions all railroad employees who are not covered by a collective bargaining agreement which includes a qualified cash or deferred arrangement pension plan.
United States · United States Congress · 19 July 1989
Title I: Special Status for Persons with Disabilities Whose Earnings Exceed Substantial Gainful Activity - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to continue an individual's entitlement to disability benefits and disability-based child's insurance benefits (other than those based on blindness) while such individual is under a special status, meaning that such individual is earning enough to be considered engaged in substantial gainful activity (currently, $85 per month), but would otherwise continue to satisfy eligibility requirements. Reduces such monthly benefits by 50 percent of a beneficiary's monthly earnings in excess of $85. Applies Supplemental Security Income (SSI) program (title XVI of the Social Security Act), rather than OASDI, benefit reduction rules to the total benefits of an individual who is entitled to disability-based child's insurance benefits and SSI benefits. Prohibits the recovery of overpayments from persons on the same wage record as an individual whose disability-based child's insurance benefits are reduced to recover overpayments resulting from the failure to take such individual's wages into account. Extends to current OASDI disability beneficiaries the rule preventing reductions in the primary insurance amount for prior recipients. Title II: Amendments to Section 1619 of the Social Security Act - Amends the SSI program to deem OASDI disability benefiticaries who lose disability benefits after their trial work period to have been eligible for SSI benefits and thus qualified to participate in the SSI work incentive program if yet disabled. Title III: Conforming Amendments Relating to Title XVI - Excludes spousal income and all costs of attendant care in determining whether a disabled individual should be considered as receiving SSI benefits for Medicaid (title XIX of the Social Security Act) eligibility purposes. Excludes impairment-related work expenses from an individual's income in determing the amount of, and his or her eligibility for, a State supplementary payment under the SSI program. Preserves the Medicaid eligibility of individuals who become ineligible for SSI benefits due to a cost-of-living increase in OASDI benefits. Eliminates the requirement that an individual be under age 65 to be considered to be receiving SSI benefits for Medicaid eligibility purposes. Requires States to provide supplementary payments to individuals participating in the SSI work incentive program. Treats royalties, grants, honorariums, scholarships, and fellowships as earned income for SSI eligibility purposes. Title IV: Amendments Relating to Medicare and Medicaid Programs - Amends the OASDI program to set a four-year limit on the Medicare hospital insurance (part A of the Medicare program) eligibility of individuals who owe their eligibility to their special status under the OASDI program. Amends the Medicare program to authorize such individuals to enroll for hospital insurance benefits upon the termination of such four-year limit, provided they enroll for Medicare supplementary insurance benefits under part B. Gives such option to the blind when their hospital insurance eligibility is set to expire. Amends the Medicaid program to cover Medicare cost-sharing amounts for individuals of special status and the blind who are entitled to enroll for Medicare hospital insurance benefits and whose income and resources do not exceed 250 or, at the State's option, 350 percent of the Federal poverty level and the SSI resource eligibility limit, respectively. Requires States to collect a coinsurance percentage from such individuals pursuant to a sliding scale which increases such percentage from 0 to 100 percent in reasonable increments as incomes move from 150 to 250 or 350 percent of the Federal poverty level.
United States · United States Congress · 18 July 1989
Biden-Roth-Cohen Flag Protection Act of 1989 - Amends the Federal criminal code to apply criminal penalties for desecration of the U.S. flag to maintaining the flag on the floor or ground. Eliminates knowingly casting contempt on the flag as an element of desecration.
United States · United States Congress · 17 July 1989
Declares that the Senate strongly objects to: (1) the inclusion of offset provisions in the memorandum of understanding (MOU) governing the proposed co-production by the United States and the Republic of Korea of the Korean Fighter Program; (2) the transfer of U.S. aerospace technology to such country; and (3) the failure of the executive branch to adhere to specified sections of the National Defense Authorization Act, Fiscal 1989, relating to coordination of the negotiation of defense MOUs. Expresses the sense of the Senate that the President should instruct the Secretary of Defense to postpone the signing of such MOU until: (1) a thorough review of such program is conducted by the Comptroller General; and (2) a specified report is submitted by the Republic of Korea to the Committees on Foreign Relations and Armed Services.
United States · United States Congress · 23 June 1989
Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 1996, the duty on: (1) machines used in the manufacture of bicycle wheels; (2) bicycle handlebar stems made wholly of aluminum alloy and valued over $2.15; and (3) bicycle handlebar stem rotor assemblies. Extends the suspension of duties on certain bicycle parts. Sets a duty on cantilever brakes. Amends the Free Trade Zone Act to declare that the exemption from the customs laws provided under such Act shall not be available on or before December 31, 1996, to bicycle component parts unless such parts are reexported from the United States, whether in the original package, as components of a completely assembled bicycle, or otherwise.
United States · United States Congress · 23 June 1989
Amends the Federal Aviation Act of 1958 to prohibit any person from acquiring a controlling interest in an air carrier unless the Secretary of Transportation has determined that the acquisition will not adversely and materially affect such air carrier's ability to conduct air transportation in a manner consistent with the highest degree of safety.
United States · United States Congress · 23 June 1989
Amends the Internal Revenue Code to allow farmers' cooperatives to elect to treat as ordinary income or loss certain capital gains and losses from the disposition of assets used in conducting business with or for patrons.
United States · United States Congress · 22 June 1989
Federal Trade Commission Act Amendments of 1989 - Amends the Federal Trade Commission Act to deny authority to the Federal Trade Commission (FTC) to find a method of competition unfair (in any action under the Sherman Act) if such method of competition would be held to constitute State action. Denies the FTC authority to: (1) study, investigate, or prosecute agricultural cooperatives for any action not in violation of antitrust Acts; or (2) study or investigate agricultural marketing orders. Repeals the authority of the FTC to pay attorneys fees, expert witness fees, and other costs of participating in a rulemaking proceeding. Prohibits the FTC from instituting a civil action, in cases involving consent orders, to obtain civil penalties for unfair or deceptive acts or practices. Permits a district court to review certain FTC determinations of law which found an act or practice unfair or deceptive. Permits the FTC to issue a notice of proposed rulemaking for certain rules only where it has reason to believe that the unfair or deceptive acts or practices are prevalent. Revises the effective dates for cease and desist orders issued by the FTC. Applies FTC civil investigative demand procedures only to acts, practices, or methods of competition declared unlawful by a law administered by the Commission. Requires that an unfair act or practice must be likely to cause substantial injury to consumers which is not reasonably avoidable by consumers themselves and not outweighed by countervailing benefits to consumers or to competition. Denies FTC authority to initiate any new rulemaking proceeding which results in a rule prohibiting commercial advertising on the basis that such advertising constitutes an unfair act or practice in or affecting commerce. Authorizes the court to: (1) summon any person, partnership, or corporation without regard to whether they reside or transact business in the district in which the suit is brought; and (2) serve process in any district. Specifies requirements for the service of process. Authorizes the FTC to serve civil investigative demands to obtain physical evidence (under current law, restricted to documentary material) relevant to unfair or deceptive practices. Directs the FTC to submit semiannual reports in FY 1990 through 1992 to specified congressional committees on instances in which resale price maintenance or predatory pricing practices have been suspected or alleged. Directs the FTC to submit to appropriate congressional committees a report describing complaints made, investigations undertaken, recommendations and opinions given, and consent agreements and other dispositions made by the FTC. Requires that such report shall also contain a statement of the reasons for the termination of any matter. Directs the FTC to report to specified congressional committees on instances in which predatory pricing practices in such industries have been suspected or alleged. Prohibits the FTC from intervening in the proceedings of any Federal or State agency without first notifying specified congressional committees at least 60 days in advance, or as soon as practicable. Authorizes appropriations for FY 1990 through 1992. Directs the FTC to: (1) conduct an evaluation of the level of its personnel resources and the manner in which such resources are allocated and to submit the results to specified congressional committees; and (2) review its statutory responsibilities to identify matters within its jurisdiction where Federal enforcement is particularly necessary or desirable and those areas that might more effectively be enforced at the State or local level and to submit such information together with specific recommendations for greater Federal-State cooperation to such committees.
United States · United States Congress · 22 June 1989
Constitutional Amendment - Declares that the Congress and the States have the power to prohibit the desecrating, mutilating, defacing, defiling, or burning of the U.S. flag.
United States · United States Congress · 22 June 1989
Declares that the Senate: (1) expresses its disappointment that the Texas statute prohibiting the desecration of the flag was found to be unconstitutional; (2) expresses its commitment to preserving the honor and integrity of the flag; (3) intends to make a study of the impact of the Supreme Court decision on Federal and State laws and to seek ways to restore sanctions against such conduct; and (4) urges the American people to continue to display proudly the American flag.
United States · United States Congress · 21 June 1989
Social Security Notch Adjustment Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to establish a new alternative formula for computing the primary insurance amount (used in calculating the amount of OASDI benefits to which an individual is entitled) of workers born after 1916 and before 1927.
United States · United States Congress · 20 June 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 · 16 June 1989
Requires the Senate to be considered a legislative agency and deems the Secretary of the Senate to be the head of such legislative agency for purposes of provisions relating to claims of or against the Government. Provides that regulations prescribed by the Secretary relating to administrative offset shall not become effective until they are approved by the Senate Committee on Rules and Administration.
United States · United States Congress · 7 June 1989
Designates August 1, 1989, as Helsinki Human Rights Day. Requests the President to: (1) reassert American commitment to the Helsinki Accords; (2) raise the issue of noncompliance with such Accords with any signatory nation which may be in violation, in particular, the Soviet Union, Bulgaria, Czechoslovakia, the German Democratic Republic, Hungary, Poland, and Romania; (3) convey to all signatories of such Accords that respect for human rights and fundamental freedoms is vital to progress in the ongoing Helsinki process; and (4) convey to U.S. allies the necessity of unity regarding such Accords.
United States · United States Congress · 6 June 1989
Mining Law of 1989 - Title I: Definitions - Defines the terms used in this Act. Title II: Disposition of Mineral Deposits - Authorizes prospecting on locatable lands subject to the regulations of the Federal surface managing agency. Declares that all locatable lands shall be open for location of an exploration claim. Limits claims to 20 acres. Sets forth the filing requirements for exploration claims and mineral patent applications (including minimum expenditure requirements). Authorizes the use of Federal surface lands if the Secretary of the Interior determines that such lands are required to support mineral development and production activities. Reserves to the United States all rights and interests in locatable lands (except hardrock minerals covered by a valid mineral patent). Title III: Environmental Protection - Directs the Secretary of the Interior and the Secretary of Agriculture to issue regulations insuring that mineral prospecting and development are conducted in a manner which minimizes adverse impacts on the environment and complies with Federal and State land resource management plans. Sets forth land reclamation guidelines. Requires the owner of an exploration claim or mineral patent to file a performance bond sufficient to insure complete and timely reclamation of the mined area. Title IV: Disposition of Receipts - Outlines a receipts disposition scheme under which the Secretary of the Treasury pays to the State within which the hardrock mineral deposit boundaries are located 50 percent of specified receipts. Title V: Existing Claims - Imposes a moratorium for new mining claims and patents under the Mining Law of 1872. Requires the owner of a valid mining claim to elect either to relocate the claim under this Act or to maintain it under certain other laws and in keeping with specified requirements (including specified annual assessment work payments).
United States · United States Congress · 6 June 1989
Amends the Tax Reform Act of 1986 to delay until 1990 the effective date of the nondiscrimination requirements for benefits provided under certain employee benefit plans. Amends the Internal Revenue Code to revise such nondiscrimination requirements by requiring the taxation of the excess health benefits of a highly compensated employee. Excludes from such requirements certain students, certain elderly, and prisoners. Imposes an excise tax on employers or employer plans if an employee benefit plan fails to satisfy certain administrative requirements. Restores prior law with respect to nondiscrimination requirements of group-term life insurance plans. Authorizes an employer to elect to use current nondiscrimination rules for years beginning 1990 or 1991 as they apply to health plans and dependent care assistance programs. Revises provisions relating to the nontaxable benefits of employers of leased employees, dependent care assistance, and group-term life insurance provided to highly compensated employees.
United States · United States Congress · 1 June 1989
Amends the Rural Electrification Act of 1936 to permit Rural Electrification Administration borrowers to prepay Federal Financing Bank loans without penalties if: (1) private capital is used to replace or prepay such loans; and (2) any savings will be used to mitigate future rate increases, passed on to customers, or used to improve the borrower's financial strength. Permits such borrowers to refinance outstanding long-term Federal Financing Bank loans for a specified fee. Requires the borrower to obtain a change in the interest rate on such loan from its present level to the rate then in effect for new Federal Financing Bank loans.
United States · United States Congress · 31 May 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 client 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 accessible 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.
![Official portrait of Sen. Ford, Wendell H. [D-KY]](https://www.congress.gov/img/member/f000268_200.jpg)