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 · 6 June 1989
Representative Payee Abuse Prevention Act of 1989 - Amends titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVI (Supplemental Security Income) (SSI) of the Social Security Act to require that the Secretary of Health and Human Services conduct criminal background checks of representative payee applicants (excluding parents and spouses) and verify their identification. Prohibits the certification of a representative payee without substantial evidence that such certification is in the interest of the OASDI or SSI beneficiary, giving priority to the immediate needs of such beneficiary. Forbids large lump-sum payments of retroactive benefits to new representative payees, pending completion of the investigation into their background and identification. Requires the Secretary to maintain a centralized, current file, accessible to local offices of the Social Security Administration, identifying all representative payees, beneficiaries utilizing the services of representative payees, and persons who have previously misused Social Security Act benefits. Requires that such file highlight instances where two or more beneficiaries who utilize representative payee services reside at the same address. Directs the Secretary to provide an OASDI or SSI beneficiary with notice of a determination that he or she needs a representative payee, including an explanation of his or her right to appeal such determination and the designation of a particular person as representative payee. Prohibits a beneficiary's creditor from serving as his or her representative payee, unless such creditor: (1) is a relative residing with such beneficiary; (2) is the beneficiary's legal guardian or court appointed agent; (3) is a licensed or certified care facility; or (4) poses no risk to the beneficiary, serves no other beneficiary, and no other suitable representative payee is available. Directs the Secretary to make good faith efforts to locate a suitable representative payee for each beneficiary for whom a suitable representative payee can not be readily established, including the provision of an updated list to local Social Security Administration offices of all local public and nonprofit community-based social service agencies that serve as representative payees. Pays benefits directly to a beneficiary until a representative payee has been chosen and investigated, and beneficiary appeal rights have been exhausted, except in certain situations where the beneficiary's condition makes direct payments potentially harmful or such payments are large lump-sum payments of retroactive benefits. Directs the Secretary to terminate or suspend the services of a representative payee who acts contrary to a beneficiary's best interests and secure a new representative payee for such beneficiary. Covers a beneficiary's loss of benefits resulting from the Secretary's failure to investigate or monitor a representative payee who subsequently misuses such benefits. Requires the Secretary to take steps to recover misused benefits from representative payees and use recovered amounts to repay beneficiaries. Directs the Secretary to establish and implement a more frequent and detailed system of accountability monitoring for certain categories of high-risk representative payees which include all persons unrelated to the beneficiary as well as licensed or certified care facilities and their administrators, owners, and employees. Requires the Secretary to conduct a feasibility study and report to the Congress, within six months after this Act's enactment, on designating the Department of Veterans Affairs as the lead agency for purposes of selecting, appointing, and monitoring representative payees for individuals who receive OASDI or SSI benefits and benefits from the Department of Veterans Affairs. Sets forth reporting requirements.
United States · United States Congress · 6 June 1989
Condemns the use of force by the People's Republic of China against unarmed advocates of democracy and human rights in China. Supports the President's actions, including suspension of all Government sales and commercial exports of arms to China. Praises the actions of American diplomatic personnel in China in seeking to insure the safety of American citizens there. Expresses the sense of the Senate that: (1) certain Chinese students studying in the United States should be granted permission to extend their stay; (2) applications to the Overseas Private Investment Corporation for the protection of investments in China and to the U.S. Export-Import Bank for the financing of trade with China should be reviewed; (3) U.S. departments charged with and considering liberalization of regulations relating to export licenses for sales to China should take into account the current situation; (4) the President should consult major U.S. allies to determine whether multilateral sanctions are necessary; (5) the President should inform the Congress of the results of his planned review of U.S.-Chinese relations and consult with the Congress on further actions to be taken; and (6) the Voice of America should increase its broadcasts to China.
United States · United States Congress · 2 June 1989
Amends Internal Revenue Code provisions governing situations in which unearned income of a child under age 14 is taxed as if it were parental income. Excludes from income subject to the parental tax rate any earnings.
United States · United States Congress · 18 May 1989
Rural Partnerships Act of 1989 - Title I: Rural Business and Job Creation - Subtitle A: Rural Partnerships Investment Board - Establishes a Rural Partnerships Investment Board to provide lines of credit through local revolving funds for rural business expansion. Terminates the Board five years after enactment of this Act. Establishes in the Treasury the Rural Business Investment Fund to provide funds for such purpose. Limits an entity's credit line to $750,000. Stipulates that a State agency may receive up to $1,250,000. Requires a participating entity to: (1) provide matching funds at least equal to the line of credit; and (2) demonstrate financial institution participation. Requires only 50 percent matching funds in areas with per capita income levels below specified levels. Limits the maximum amount of Federal contributions to each State's revolving funds to $100,000. Obligates a specified amount of appropriated funds for businesses serving very distressed rural areas or providing specified rural services, including health care, elderly and handicapped services, educational services, or transportation. Authorizes FY 1990 through 1992 appropriations. Requires each participating entity to establish a local revolving fund to: (1) make loans, investments, or loan guarantees; and (2) pay for various training and related programs. Requires local revolving funds to enter into 50 percent matching loan or investment partnerships with banks and other financial institutions. Limits a fund's annual investments in any one business to $250,000. Sets forth compliance and enforcement provisions, including: (1) grounds for revocation of a line of credit; (2) investigatory authority of the Board; (3) unlawful acts of officers, directors, employees, or agents; (4) penalties; and (5) Board authority to bring an action in district court. Subtitle B: Rural Economic Development Promoted by the Rural Electrification Administration - Amends the Rural Electrification Act of 1936 to direct the Administrator of the Rural Electrification Administration (REA) to appoint an Assistant Administrator for Economic Development to carry out REA programs concerning the involvement of rural electric and telephone systems in community and economic development. Directs the Administrator to establish a technical assistance unit to assist borrowers with respect to community and economic development activities. Permits a borrower to defer loan repayments (five or ten years, depending on the project) for amounts invested in community or economic development projects. Limits such deferment to 50 percent of a project's cost. Authorizes and limits water and waste facility loans to the lesser of $40,000,000 or ten percent of fiscal year REA insured loan authority. Sets forth loan priority provisions. Requires private sector assistance under specified circumstances. Targets electrification borrower investments in: (1) the Incubation Fund established by this Act or other business incubators; and (2) community, business, or economic development projects. Expands the scope of REA rural economic development functions. Establishes in the Treasury a Rural Business Incubation Fund to make grants and reduced interest loans to electric and telephone borrowers in order to promote business incubation programs or to create rural business incubators. Requires such incubators to: (1) be operated on a not-for-profit basis; and (2) assist businesses to become viable business entities. Provides for funding of such incubators by assisted businesses, REA borrowers, and the Treasury. Deems investments by REA telephone borrowers in rural telecommunication or other rural development projects not to be dividends or capital distributions. Title II: Enhancing Human Resources - Establishes a grant program to increase rural educational opportunities through the use of telecommunications and related technologies. Authorizes FY 1990 through 1994 appropriations. Requires grantee partnerships to consist of: (1) REA borrowers; (2) specified national telecommunication organizations; and (3) educational institutions. Establishes the Rural Educational Opportunities Board to advise grant recipients, evaluate programs and technology, serve as a liaison with REA and the Secretary of Education, and review and make grant application recommendations. Requires REA and the Secretary of Agriculture to make an annual program report to the appropriate congressional committees. Provides for expedited REA telephone loans. Establishes: (1) a rural medical link telecommunications grant program; and (2) a rural business link telecommunications grant program. Authorizes FY 1990 through 1994 appropriations for such programs. Title III: Focus on Rural America by the Department of Agriculture - Amends the Rural Development Act of 1972 to direct the Secretary to establish an Extension Service rural economic and business program to permit State or county extension services to hire business development and related telecommunications specialists. Authorizes appropriations beginning with FY 1990. Directs the Secretary to: (1) establish a program to study economically distressed rural counties; (2) evaluate the nature and availability of assistance needed by such counties; and (3) report to the appropriate congressional committees in each of FY 1990 through 1993. Authorizes appropriations. Directs the Secretary to establish a rural development assistance information program. Authorizes appropriations. Directs the Secretary to report to the appropriate congressional committees by September 1, 1989, concerning the coordination of Department of Agriculture rural development activities. Directs the Secretary to conduct a study and report to the appropriate congressional committees with respect to the Department's data processing functions and whether they can be performed more economically in rural areas. Authorizes appropriations. Title IV: Rural Business and Employment Assistance - Directs the Secretary to make technical assistance grants for rural business development, including business support centers. Prohibits the use of such funds for political activity or business relocation. Authorizes appropriations. Amends the Consolidated Farm and Rural Development Act to direct the Secretary to make grants for rural technology assistance. Authorizes appropriations. Directs the Secretary to make rural emergency assistance loans to communities of less than 20,000 persons. Limits such loans to two-year periods, with a maximum of $50,000 to any one borrower. Authorizes appropriations. Title V: National Rural Information Center Clearinghouse - Directs the Secretary to establish within the National Agricultural Library a National Rural Information Center Clearinghouse. Authorizes FY 1990 through 1994 appropriations. Title VI: Water and Sewer Assistance - Amends the Consolidated Farm and Rural Development Act to increase the authorization of appropriations for small community water and waste facility grants. Directs the Secretary to establish an emergency water assistance grant program for rural and small communities (less than 3000 population, median household income below State nonmetropolitan level) with significant water shortages, or to enable such communities to comply with the requirements of the Federal Water Pollution Control Act or the Safe Drinking Water Act. Limits grants to: (1) $75,000 for existing system repairs; and (2) $500,000 for water shortage areas. Authorizes appropriations. Directs the Secretary to base loan rates for health care and related facilities solely on the income of the area to be served. Directs the Administrator of the Farmers Home Administration to establish a national rural waste water circuit rider program modeled after the existing National Rural Water Association rural water circuit rider program. Authorizes appropriations. Title VII: Miscellaneous - Directs the Census Bureau to: (1) expand data collection efforts to gather data on the changing economic conditions of rural America, including employment, poverty and income, and the labor force; and (2) employ rural residents for such efforts in FY 1990. Authorizes appropriations. Directs the Secretary of the Interior to establish regulations regarding projects funded under this Act with respect to the preservation of historic properties and historical and archaeological data. Authorizes certain Farm Credit System banks to make small community water and waste system loans. Amends the Food Stamp Act of 1977 to permit a State to designate State areas where the food stamp program (program) employment and training requirements shall be voluntary. Includes self-employment within the scope of such requirements. Increases rural program accessibility for people engaged in certain employment and training programs. Exempts from household financial resources for purposes of program eligibility the value of a vehicle used in rural areas to haul fuel or water. Amends Federal law to increase the amount of annual funds available to the Reforestation Trust Fund. Authorizes Fund use for economic diversification assistance to communities that are economically dependent upon the Forest Service. Directs the Secretary to establish a program of loan restructuring for distressed rural hospitals and health care facilities. Title VIII: Effective Date and Implementation - Makes this Act effective as of October 1, 1989, unless otherwise provided for. Sets forth the effective dates for specified implementing regulations under such Act.
United States · United States Congress · 18 May 1989
Amends part A (General Provisions) of title XI of the Social Security Act to require the Secretary of Health and Human services to provide, upon request, beginning on October 1, 1990, a social security account statement to individuals who have a social security number, have wages or self-employment earnings, and have attained age 25 (hereinafter referred to as "eligible individuals"). Directs the Secretary to assure that eligible individuals are informed of the availability of the statement. Makes the provision of such statement to each eligible individual who attains age 60 and is not receiving benefits under title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Act mandatory from FY 1994 through 1999, if his or her mailing address can be determined. Requires the provision of such statement biennially by FY 2000 to each eligible individual who is not receiving OASDI benefits and for whom a mailing address can be determined. Directs the Secretary to report to the Congress, by October 1, 1996, on the implementation of this Act's requirements. Amends the Internal Revenue Code to authorize the Internal Revenue Service to disclose the mailing address of an eligible individual to the Social Security Administration.
United States · United States Congress · 18 May 1989
Prohibits the distribution, sale, or use of any pesticide containing daminozide that is labeled for food use. Requires: (1) the registration under the Federal Insecticide, Fungicide, Rodenticide Act of such a pesticide to be treated as canceled; (2) the recall, proper storage, and disposal of the pesticide; and (3) a person who holds a registration of a pesticide containing daminozide to reimburse any person who holds any quantity of the pesticide at the prevailing sale price at the time the pesticide came into the holder's possession. Requires all existing tolerances and food additive regulations for daminozide established under specified provisions of the Federal Food, Drug, and Cosmetic Act to be treated as revoked. Directs the Secretary of Health and Human Services to establish an action level to permit distribution in commerce of food that bears daminozide residue resulting from use of a pesticide before enactment of this Act or from unavoidable residual environmental contamination occurring before enactment of this Act.
United States · United States Congress · 18 May 1989
Title V Infant Mortality Reduction Act of 1989 - Amends title V (Maternal and Child Health Services) of the Social Security Act to increase authorized appropriations for such program. Requires States, as a condition of receiving additional funds, to conduct a statewide needs assessment of maternity and infant care, including prenatal care and prevention of low birthweight and infant mortality, and to develop a plan to meet those needs. Changes State reporting requirements to monitor plan implementation results.
United States · United States Congress · 18 May 1989
Rural Health Clinic Improvement Act of 1989 - Amends title VII (Administration) of the Social Security Act to direct the Office of Rural Health Policy to provide technical assistance to entities seeking certification as rural health clinics and distribute brochures describing the services provided at rural health clinics. Amends title XVIII (Medicare) of the Act to include the services of nurse midwives within covered rural health clinic services. Requires a rural health clinic to: (1) have a nurse practitioner, physician assistant, or certified nurse midwife available to furnish patient care services at least 50 percent of the time the clinic operates; and (2) meet certain requirements for funding as a health center under the Public Health Service Act. Expands the area within which rural health clinics may operate. Amends title XIX (Medicaid) of the Act to modify the method of determining which costs are reasonable and related to Medicaid rural health clinic services when calculating Medicaid payments to such clinics. Deems clinics which are certified as meeting certain requirements for funding as health centers under the Public Health Service Act to be certified as Medicaid rural health clinics.
United States · United States Congress · 18 May 1989
Designates June 21, 1989, as Chaney, Goodman, and Schwerner Day. Expresses the sense of the Congress that the Voting Rights Act of 1965 has helped to fulfill the promise of democracy in this Nation. Reaffirms the goal of removing remaining barriers to full voter participation in this Nation.
United States · United States Congress · 12 May 1989
Radiation Victims Fair Treatment Act - Amends the Department of Defense Authorization Act, 1985 to repeal provisions which: (1) substitute the United States as defendant in all suits against private contractors for radiation injuries arising from atomic weapons testing programs; and (2) make the Federal Tort Claims Act the sole remedy for those injuries. Details the applicability of statutes of limitations.
United States · United States Congress · 11 May 1989
Rural Medical Assistance Facilities Act of 1989 - Directs the Secretary of Health and Human Services to make ten to 15, four-year grants to no more than six States covering 90 percent of the costs of transforming a rural hospital into a medical assistance facility. Authorizes appropriations for such grant program. Amends title XVIII (Medicare) of the Social Security Act to cover services provided by medical assistance facilities. Requires that such facilities: (1) be located in rural areas at least 30 miles from a hospital; (2) have less than 50 beds; (3) provide emergency care, stabilization care, and basic inpatient care for stays not exceeding four days; (4) provide ambulatory care in accordance with standards to be established by the Secretary; (5) receive quality assurance and utilization review services; (6) agree to participate in the Medicaid program (title XIX of the Act); and (7) have transfer and discharge planning agreements with referral hospitals. Authorizes such facilities to provide obstetric services and outpatient surgical care pursuant to protocols to be established by the Secretary. Makes Medicare rural hospital staffing requirements applicable to medical assistance facilities, but authorizes facility care to be provided by nurse practitioners or physician assistance pursuant to protocols developed by the Secretary so that such facilities have flexibility in meeting physician "on-call" requirements. Exempts such facilities from hospital 24-hour service requirements. Authorizes the Secretary to develop a methodology for reimbursing medical assistance facilities which differs from that used in reimbursing hospitals. Amends the Medicaid program to cover services provided by medical assistance facilities. Sets forth reporting requirements.
United States · United States Congress · 11 May 1989
National American Indian Museum Act - Establishes within the Smithsonian Institution a memorial to Native Americans to be known as the National Museum of the American Indian to provide for the study, research, collection, and exhibition of Native Americans and their culture. Designates specified areas in the District of Columbia and New York City as the sites of facilities for the Museum. Requires establishment of a facility for the conservation and storage of Museum collections at the Museum Support Center in Suitland, Maryland. Authorizes the Smithsonian to: (1) provide for the transfer of certain assets of the Heye Foundation for the benefit and use of the Museum; (2) construct such facilities; (3) provide for acquisition of Native American objects and artifacts from museums or private collections; and (4) maintain or loan objects and artifacts in the Museum collection. Establishes the Board of Trustees of the Museum. Directs the Board to: (1) recommend annual budgets for the Museum; and (2) assist the Board of Regents on matters relating to the Museum. Grants the Trustees sole authority to: (1) dispose of and acquire additional Museum property; and (2) establish policy with respect to the utilization of the Museum collections. Grants the Trustees authority to: (1) establish policy with respect to restoration, preservation, and maintenance of Museum collections; (2) solicit funds for the Museum; (3) approve expenditures from the Museum's endowment; (4) advise the Museum's Director; (5) provide for the exhibition of Native American objects and artifacts; and (6) conduct research and evaluation and educational programs with respect to the Museum collections. Requires the Trustees to submit annual reports to the Board of Regents and the Congress. Requires the Foundation's employees serving at the time of the transfer to be offered employment by the Smithsonian. Authorizes the Board of Regents to: (1) designate affiliate museums of the Museum in certain U.S. regions and in Alaska and Hawaii; and (2) establish an advisory council within each such region or State to oversee Museum curation and acquisitions and to provide necessary technical assistance for such affiliate museums. Directs the Board of Regents to: (1) identify the geographic and tribal origins of the skeletal remains of Indians and Alaska Natives in the Smithsonian; (2) conduct a study and make recommendations as to the final disposition of such remains; (3) consult with Native American traditional religious leaders in making such recommendations; and (4) report to the Congress within three years after this Act's enactment on the identity of such skeletal remains and the findings and recommendation of such study. Pledges that the United States will provide the funds needed to maintain and operate the Museum. Authorizes appropriations.
United States · United States Congress · 11 May 1989
Low-Income Housing Credit Act of 1989 - Amends the Internal Revenue Code to make permanent the low-income housing income tax credit (under current law the credit will expire after tax year 1989). Permits States a one-year carryover of unused credit authority. Assigns carryovers to the Secretary of Housing and Urban Development to allocate to eligible States applying for excess credit. Allows the credit only if an extended low-income housing commitment (beyond the current 15-year period) is in effect with respect to any building for the relevant taxable year. Describes procedures to effect transition to a non-low-income use in connection with such extensions. Permits the credit in connection with the acquisition of an existing building only if the taxpayer incurs rehabilitation expenditures of at least $3,000 per unit. Revises rent restrictions to: (1) declare unnecessary a required rent reduction below the initial rent if the median gross income of the area decreases; (2) permit higher rent if units are occupied by higher income individuals and the project has an operating deficit; (3) base income limitations on the number of bedrooms in a unit; and (4) use State median gross income in certain low-income housing status determinations. Broadens categories of existing buildings eligible for a waiver of the ten-year requirement for the low-income housing credit. Revises credit provisions relating to single-room occupancy units and special needs housing. Revises restrictions that limit credit benefits in connection with buildings financed with tax-exempt bonds and below market loans. Permits the credit to be allocated: (1) on a project basis; and (2) in connection with owner-occupied buildings of four units or less if a development plan is submitted. Directs housing credit agencies to adopt plans for allocating credit amounts among projects, prohibiting the credit with respect to any building not included in such a plan. Modifies at-risk rules in connection with buildings subject to the historic rehabilitation credit and those associated with financing provided by certain nonprofit organizations. Sets the tax credit rate on a semiannual basis rather than monthly. Increases the credit in connection with buildings in high cost areas (low-income census tracts or difficult development areas). Establishes special rules for determining the eligible basis and applying at-risk rules in connection with qualified buildings acquired in foreclosures.
United States · United States Congress · 9 May 1989
Medicaid Children's Health Improvement Act of 1989 - Amends title XIX (Medicaid) of the Social Security Act to give States the option of covering children under age five whose family income does not exceed 185 percent of the Federal poverty level and covering children age five through seven whose family income does not exceed the Federal poverty level. Authorizes States to provide Medicaid coverage to children under age 21 during a presumptive eligibility period. Requires that such children apply for Medicaid within a State specified number of days after the determination, on the basis of preliminary income information, that such children are presumptively eligible. Allows States to provide Medicaid coverage to foster children under age 21 whose incomes do not exceed the Federal poverty level. Prohibits a State from discontinuing the Medicaid coverage of a child under age 21 due to a change in the eligibility status of the child's family until the State determines that such child is not eligible on a basis other than the basis upon which the child is currently receiving assistance. Directs the Secretary of Health and Human Services to report to the Congress by July 1, 1990, on State error rates in determining the Medicaid eligibility of children under age 21. Suspends error rate penalties attributable to payments made on behalf of such children from July 1, 1989, to the first calendar quarter beginning more than 12 months after receipt of the Secretary's error rate report. Requires that States set Medicaid payment rates at levels sufficient to induce enough providers to participate in Medicaid so that services are available to Medicaid beneficiaries to the same extent they are available to the general population. Directs each State to annually submit for the Secretary's approval an amendment to its Medicaid plan which sets forth the payment rates to be used for pediatric services for children under age 21, including certain data to assist the Secretary in evaluating the sufficiency of such payments. Prohibits this Act from being construed as prohibiting higher payment levels for pediatric services furnished in rural areas than those furnished in urban areas. Requires the Secretary to report to the Congress by July 1, 1990, on providers and inpatient hospital departments serving Medicaid beneficiaries under age 21. Includes in such report: (1) information on the financial viability of such providers and their relationship to other publicly financed programs; (2) information on reimbursement methodologies; and (3) recommendations or methods to improve provider reimbursement methodologies and participation in the Medicaid program. Requires that Medicaid payment rates for outpatient hospital services take into account the situation of hospitals serving a disproportionate number of low income patients with special needs in their outpatient departments. Directs the Secretary to report to the Congress, within one year after this Act's enactment, on the effects of such requirement. Provides for the establishment of State demonstration projects using innovative approaches to: (1) improve the coordination of health services provided to pregnant women and children under age 21 under titles V (Maternal and Child Health Services) and XVIII (Medicare) of the Social Security Act and the special supplemental food program for women, infants and children (WIC) of the Child Nutrition Act of 1966; and (2) increase provider participation in delivering early and periodic screening and diagnostic services to improve the detection and provide for the early treatment of mental and physical defects in Medicaid children. Increases the Federal medical assistance percentage for project expenditures by 25 percent. Limits aggregate project expenditures in FY 1990. Directs the Secretary to report to the Congress, by March 1, 1992, on such projects and on how their results may be used to lower infant mortality and morbidity by improving the access of indigent pregnant women and infants to physician services.
United States · United States Congress · 9 May 1989
Americans with Disabilities Act of 1989 - Title I: General Prohibition Against Discrimination - Declares that it shall be discriminatory, on the basis of disability, to deny opportunities or to afford them unequally, to provide opportunities less effectively (or differently or separately, unless necessary for effectiveness), to assist an organization or individual that discriminates, or to otherwise limit opportunities enjoyed by others. Prohibits the use of standards, criteria, or administrative methods that have the purpose or effect of discrimination or perpetuate discrimination. Declares it discriminatory to deny equal opportunities because of the relationship or association of an individual with another individual with a disability. Allows as a defense to a charge of discrimination that an application of standards or criteria has been demonstrated to be both necessary and substantially related to the ability of an individual to take advantage of the essential components of the opportunity, and that the taking advantage cannot be accomplished by reasonable accommodations, modifications, or the provision of auxiliary aids or services. Title II: Employment - Prohibits discrimination by any employer, employment agency, labor organization, or joint labor-management committee against any qualified individual with a disability in job application procedures, hiring or discharge, compensation, advancement, training, and other terms, conditions, and privileges of employment. Lists types of actions construed to be discrimination. Makes the remedies set forth in specified provisions of the Civil Rights Act of 1964 and other specified Federal law available to any individual who believes that he or she is being or is about to be subjected to discrimination in violation of this Act. Title III: Public Services - Declares that no qualified individual with a disability shall be excluded from the participation in, denied the benefits of, or subjected to discrimination by a State, or by an agency, political subdivision, or other instrumentality of a State. Lists types of actions deemed, for purposes of this Act and specified provisions of the Rehabilitation Act of 1973, to be discrimination with regard to public transportation. Makes the remedies and rights set forth in specified provisions of the Rehabilitation Act of 1973 available to any individual who believes that he or she is being or is about to be subjected to discrimination in violation of this Act. Title IV: Public Accommodations and Services Operated by Private Entities - Prohibits discrimination on the basis of disability in the enjoyment of any place of public accommodation. Lists types of actions construed to be discrimination. Prohibits discrimination on the basis of disability in public transportation services provided by a private entity that is primarily engaged in transporting people, but that is not in the principal business of air transportation. Lists types of actions construed to be discrimination. Makes specified provisions of the Fair Housing Act relating to enforcement available, subject to exception, to any aggrieved individual. Title V: Telecommunications Relay Services - Defines "telecommunications relay services" to mean services that enable simultaneous communication between individuals who use telecommunications devices for the deaf (TDDs) or other nonvoice terminal devices and individuals who do not use such devices. Declares it discriminatory for any common carrier that offers telephone services to the public to fail to provide interstate or intrastate telecommunication relay services that are equal to those provided to their customers who are able to use voice services, except in any State in which services are provided through an entity designated by the State. Declares it discrimination by a State that makes such a designation if the State fails to provide interstate or intrastate relay services that are equal to those provided to their voice customers. Makes specified provisions of the Fair Housing Act relating to enforcement available, subject to exception, to any aggrieved individual. Requires the Federal Communications Commission to enforce this title. Makes specified provisions of the Communication Act of 1934 apply with respect to the enforcement of this title. Provides for cease and desist orders by the Commission and for monetary penalties. Title VI: Miscellaneous Provisions - Prohibits retaliatory discrimination against any individual because of actions related to this Act. Declares that a State shall not be immune under the 11th Amendment to the Constitution from an action in Federal court for a violation of this Act. Requires the Architectural and Transportation Barriers Compliance Board to issue minimum guidelines to supplement the existing Minimum Guidelines and Requirements for Accessible Design. Allows the awarding of reasonable attorney's fees, in certain circumstances, in any action or proceeding under this Act.
United States · United States Congress · 9 May 1989
Declares that the Congress should: (1) determine whether, and to what extent, regional Bell holding companies should be permitted to compete with other companies to provide information services, conduct research, and design, develop, and market software and telecommunications equipment; (2) determine, if it allows Bell holding companies to engage in such activities, the statutory safeguards to prevent cross subsidies and to ensure that other anti-competitive conduct will not harm customers or unfairly infringe upon competition; and (3) review the Federal structure for the administration of telecommunications policy with the intention of improving the capacity of the United States to effectively compete in the global information and high technology marketplace.
United States · United States Congress · 3 May 1989
Authorizes and requests the President to designate the weeks of November 19 through November 25, 1989, and November 18 through November 24, 1990, as National Family Week.
United States · United States Congress · 3 May 1989
Expresses the sense of the Senate that: (1) Japan has not lived up to the terms of the 1986 agreement regarding the Japanese semiconductor market; (2) the administration should convey this message to Japan; (3) the President, the U.S. Trade Representative (USTR), the Secretary of State, and the Secretary of Commerce should seek full access to the Japanese market for semiconductors; and (4) the President and the USTR should take measures to achieve compliance with such agreement.
United States · United States Congress · 2 May 1989
Provides for the establishment of categories of aliens who are subject to persecution in the Soviet Union or in Vietnam and therefore admissible as refugees into the United States. (Deems Jews and Evangelical Christians in the Soviet Union and Vietnamese registered with the Orderly Departure Program to be such categories.) Provides for the adjustment of status to refugee status for certain Soviet and Vietnamese parolees residing in the United States.
United States · United States Congress · 2 May 1989
Radon Mitigation Clarification Act of 1989 - Treats amounts paid for home improvements necessary to mitigate measured harmful levels of radon gas exposure as medical care expenses for purposes of the medical care expense income tax deduction.
United States · United States Congress · 19 April 1989
Calumet Copper Country National Historical Park Act of 1989 - Establishes the Calumet Copper Country National Historical Park, including the C and H Mining Company properties, the Quincy Mining Company Historic District, and the Calumet Historic Preservation District, in Michigan. Directs the Secretary of the Interior to acquire by donation or purchase historic structures, mine ruins, and other properties representing the copper industry and its association with the cultural development of Calumet. Authorizes the Secretary to enter into agreements with other Federal, State, and local agencies to provide for the preservation of historic sites within the Park. Establishes the Calumet Copper Country Historic Preservation Commission. Provides that the Commission shall terminate ten years from enactment of this Act. Directs the Secretary and the Commission to prepare a park preservation plan which meets specified requirements. Requires the Secretary to submit such plan to the Congress. Prohibits the Secretary from providing funds to the Commission until such plan has been prepared and submitted to the Congress. Directs the Secretary to establish and operate in the vicinity of Calumet, Michigan, a visitor facility for the promotion and interpretation of the Park. Authorizes the Commission to make loans and grants and provide technical assistance to corporations and to owners of property within the Park for the preservation or development of property within the Park and preservation district. Authorizes appropriations.