United States · United States Congress · 4 April 1989
Employee Pension Protection Act of 1989 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to revise fiduciary standards applicable to pension plan assets to account for duties with respect to assets of terminated plans. Establishes fiduciary standards to apply to employer reversions upon plan termination, requiring an employer to establish and maintain a complete replacement plan or a substantial replacement plan in connection with the termination. Prescribes requirements to govern both types of plans. Links the establishment of either of these new plans to the amount of any employer reversion, requiring the new plans to have assets sufficient to pay all liabilities to participants and their beneficiaries. Considers any plan fiduciary or sponsor to be jointly and severally liable for violation of ERISA if requirements regarding complete replacement or substantial replacement plans are not met at any time during the five-year period beginning on the date of final distribution of assets from the terminated plan. Describes fiduciary duties to govern the distribution of plan assets to participants and beneficiaries upon plan termination in cases when the employer does not set up a replacement or substantial replacement plan. Institutes fiduciary duties with respect to distributions of plan assets upon termination in direct trustee-to-trustee transfers to individual retirement plans. Directs the Secretary of Labor to prescribe reporting requirements in connection with these transfers.
United States · United States Congress · 17 March 1989
Amends the Federal criminal code to prescribe penalties for the unauthorized use of the name Visiting Nurse Association or Visiting Nurse Service or of the name or insignia of the Visiting Nurse Association of America.
United States · United States Congress · 17 March 1989
Indoor Air Quality Act of 1989 - Directs the Administrator of the Environmental Protection Agency to establish a national research, development, and demonstration program to assure the quality of indoor air, including coordinating and accelerating efforts related to the causes, detection, and correction of contaminated air. Requires such program to include information collection and dissemination, cooperative research, grants, studies, development of techniques, facility construction, and conferences. Requires that research focus on human health effects and the identification of types and levels of contaminants likely to cause harm, including the development of methodology and techniques for detection and control. Authorizes the Administrator to assist technology demonstration activities based on a technology's potential to cost effectively control sources of contaminants. Limits Federal funding to 75 percent of the costs of such projects. Requires the Administrator to publish: (1) general reports on the findings of such demonstration projects; and (2) bulletins assessing technology and management practices for controlling and measuring indoor air contaminants, which shall be provided to the Indoor Air Quality Information Clearinghouse. Directs the Administrator to develop protocols, within six months of this Act's enactment, for the measurement of radon gas in child care facilities and disseminate information regarding techniques for measuring and mitigating radon in such facilities. Authorizes the Administrator to take certain other actions conducive to the detection and reduction of radon in such facilities. Directs the Administrator to publish and biennially revise a list of contaminants known to occur in indoor air. Provides for additions to such list upon application of a State Governor. Requires the Administrator to publish advisory materials addressing the human health effects of listed contaminants which describe the properties, effects, risks, and concentrations of such contaminants. Directs the Indoor Air Panel of the EPA Science Advisory Board to assist in the listing and advisories. Requires advisories to be updated at least once every five years. Directs the Administrator to develop and publish a national indoor air quality response plan to reduce human exposure to the listed indoor air contaminants and reduce, to the fullest extent practicable, indoor air contaminant concentration levels to levels at which there is no known or anticipated human health effect, with an adequate margin of safety. Requires the response plan to identify the contaminant, the basis for the action, the nature of the response, the responsible Federal authority, the necessary financial resources, and the technological or legislative changes required for further reduction of the contaminant. Requires the Administrator and the Administrator of the General Services Administration (GSA) to develop and implement a program to respond to and reduce indoor air contamination in Federal buildings and to demonstrate methods of reducing indoor air contamination in new Federal buildings. Directs the Administrator of the GSA to prepare a specific response plan for Federal buildings which lists buildings and the reduction and response actions to be taken and identifies those buildings for which there is sufficient evidence of indoor air contamination to warrant their assessment under this Act's Building Assessment Demonstration Program. Exempts specified buildings for national security, demolition, or special use purposes. Requires the Administrator of the GSA to provide a method and format for filing comments and complaints concerning indoor air quality in Federal buildings. Requires response plans to be submitted to the Congress on a biennial basis. Directs the Administrator of the GSA to reserve 0.5 percent of any funds appropriated for construction of new Federal buildings for design and construction of measures to reduce indoor air contaminant concentrations within such buildings. Requires that any new EPA building be designed, constructed, maintained, and operated as a model to demonstrate principles and practices for protecting indoor air quality. Authorizes grants to States for the development and implementation of management strategies and indoor air quality assessment and response programs similar to those of the Federal program. Directs the Administrator to establish the Office of Indoor Air Quality within the EPA's Office of Air and Radiation to implement agency responsibilities under this Act. Establishes a Council on Indoor Air Quality to coordinate Federal indoor air quality activities and review and comment on the national indoor air response program and the Federal building response plan. Requires the Council to report to the Congress on a biennial basis. Directs the Administrator to establish a national indoor air quality clearinghouse which shall operate a toll-free hotline on indoor air quality. Requires the Director of the National Institute for Occupational Safety and Health to implement a Building Assessment Demonstration Program to support the development of methods, techniques, and protocols for assessing indoor air contamination in non-residential, non-industrial buildings and to provide contamination reduction assistance and guidance to building owners and occupants. Sets forth building assessment report requirements. Authorizes appropriations for FY 1990 through 1994.
United States · United States Congress · 17 March 1989
Public Protection From Passive Smoke Act - Title I: Smoke Free Certifications - Amends the Public Health Service Act to require that any vessel at any port (currently at any foreign port) departing for any port in a State or possession obtain a bill of health. Directs the Surgeon General to prescribe regulations to require that domestic vessels, as a part of the bill of health, certify that they do not involuntarily expose the public to the byproducts produced by lighted tobacco. Defines "domestic vessel" to mean any regularly scheduled interstate public conveyance, including air, rail, or bus service. Subjects to monetary penalties any vessel or individual, including a passenger, who violates these provisions or who violates any prohibition on smoking enacted by any vessel under these provisions. Title II: General Health Information Concerning Smoking - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to establish: (1) a program to inform the public of dangers to human health presented by cigarette smoking; and (2) an Interagency Committee on Smoking and Health. Requires each person who manufactures, packages, or imports cigarettes to annually provide the Secretary with a list of the ingredients added to tobacco that does not identify the company or brand involved. Directs the Secretary to submit to the appropriate committees of the Congress a report on the additives. Requires information provided to the Secretary to be treated as a trade secret and prohibits its disclosure, except to such committees. Title III: Health Information Concerning Smokeless Tobacco - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to establish a program to inform the public of dangers to human health resulting from the use of smokeless tobacco products. Authorizes the Secretary to provide technical assistance and make grants to States to: (1) assist in the development and distribution of programs, materials, and public service announcements respecting the dangers to health from smokeless tobacco; and (2) establish 18 as the minimum age for the purchase of smokeless tobacco. Requires each person who manufactures, packages, or imports smokeless tobacco products to annually provide to the Secretary: (1) a list of ingredients added to the tobacco that does not identify the company or brand involved; and (2) a specification of the quantity of nicotine in each product. Directs the Secretary to submit to the appropriate committees of the Congress a report on the additives. Requires information provided to the Secretary to be treated as a trade secret and prohibits its disclosure, except to such committees. Repeals specified provisions of the Comprehensive Smoking Education Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986. Places provisions similar to those repealed in this Act, except for repealed provisions of such Smokeless Tobacco Act relating to enforcement, regulations, and construction.
United States · United States Congress · 17 March 1989
Amends the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 to revise the requirement for an annual report by the President on foreign country support of U.S. foreign policy. Requires the President to submit a report which assesses: (1) the voting practices at the United Nations by member nations and the extent to which such nations supported the United States; (2) actions taken by the United Nations by consensus; (3) plenary votes of the United Nations General Assembly; and (4) Security Council votes and the extent to which other countries supported U.S. policy objectives. Requires such report to contain a statement by the Secretary of State regarding steps taken to inform U.S. diplomatic missions of United Nations General Assembly and Security Council activities.
United States · United States Congress · 17 March 1989
Section 89 Simplification Act - Amends Internal Revenue Code provisions relating to the new nondiscrimination requirements for coverage and benefits under certain statutory employee benefit plans to: (1) prescribe criteria for simplified health arrangements which, if offered by an employer, will be treated as meeting the nondiscrimination requirements of Internal Revenue Section 89; (2) increase from 17 1/2 hours to 25 hours per week (30 hours in 1989, 27 1/2 hours in 1990) the threshold number of work hours triggering requirements with respect to part-time employees; (3) apply noncompliance penalties (taxation of benefits) only with respect to highly compensated employees rather than with respect to all employees; (4) exempt the plans of entities with no highly compensated employees; and (5) revise rules relating to plan testing, aggregation of plans, and coverage valuation.
United States · United States Congress · 16 March 1989
Title I: Hydrogen Production and Use - Directs the Secretary of Energy to prepare and submit to specified congressional committees a comprehensive five-year program management plan for a research and development program designed to permit the development of a domestic hydrogen fuel production capability within the shortest time practicable. Requires the Secretary to send the Congress annual plan descriptions including plan modifications. Directs the Secretary to establish within the Department of Energy a program consistent with the plan. Lists research areas and priority criteria. Directs the Secretary to conduct demonstrations to evaluate technical and nontechnical parameters to determine commercial applicability of hydrogen technology and to prepare a comprehensive large-scale hydrogen demonstration plan. Directs the Secretary, with the advice and help of industry, academic, and governmental interests, to implement a program in the interest of accelerating broader application of hydrogen technologies and of increasing the participation of private sector interests in near commercial applications. Lists the Secretary's duties in connection with the program. Establishes a Hydrogen Technical Advisory Panel as part of the Energy Research Advisory Board. Requires the Panel to submit an annual report. Authorizes appropriations. Title II: Hydrogen-Fueled Aircraft Research and Development - Directs the Administrator of the National Aeronautics and Space Administration (NASA) to prepare and submit to specified congressional committees a comprehensive five-year program management plan for a research and development program for the development of a domestic hydrogen-fueled aircraft capability within the shortest time practicable. Requires the Administrator to transmit to Congress an annual plan description, including any necessary plan modifications. Requires the Administrator to establish such a program within NASA and to prepare and transmit to the Congress a comprehensive flight demonstration plan whose implementation will confirm the technical feasibility, economic viability, and safety of liquid hydrogen as a fuel for commercial transport aircraft. Prescribes required subjects of the research and development program. Establishes a Hydrogen-Fueled Aircraft Advisory Committee to advise the Administrator. Requires the Committee to report annually to the Administrator. Authorizes appropriations.
United States · United States Congress · 16 March 1989
Renewable Energy/Fuel Cell Systems Integration Act of 1989 - Directs the Secretary of Energy to implement a research program regarding: (1) fuel cell use of methane gas generated from biomass forms; (2) technologies using renewable energy sources (such as wind and solar energy) to produce hydrogen for fuel cell use; and (3) fuel cell technology for electric power production as backup spinning reserve components to renewable power systems in rural and isolated areas. Authorizes the Secretary to make grants to, and enter into contracts with, private research laboratories. Requires the Secretary to report to the Congress regarding the fuel cell research program by September 30, 1992. Authorizes appropriations for FY 1990.
United States · United States Congress · 16 March 1989
Fuel Cells Energy Utilization Act of 1989 - Amends the Energy Policy and Conservation Act to redefine the term "domestic renewable energy industry" to include industries using fuel cell technology (thus bringing fuel cells systems technology within the ambit of Federal energy legislation). Directs the Administrator of the Environmental Protection Agency to prepare guidelines for cities and municipalities specifying environmental and safety standards for the use of fuel cell technology. Directs the Secretary of Commerce to report to the Congress regarding the export market potential for integrated systems of fuel cells with renewable power technologies.
United States · United States Congress · 16 March 1989
Authorizes the Alpha Phi Alpha Fraternity to establish a memorial to Martin Luther King, Jr., in the District of Columbia and its environs. Prohibits the United States from paying any expense of establishing the memorial.
United States · United States Congress · 16 March 1989
Designates the week of July 24 to July 30, 1989, as National Week of Recognition and Remembrance for Those Who Served in the Korean War. Authorizes and requests the President to urge that the American flag be flown at half staff on July 27, 1989, in honor of those Americans who died as a result of their service in Korea.
United States · United States Congress · 16 March 1989
National Global Warming Policy Act - Declares that it is U.S. policy to: (1) reduce the generation of greenhouse gases in the United States, with an initial goal of reducing carbon dioxide emissions from 1988 levels by 20 percent by the end of the year 2000; (2) host, in 1989, an international summit meeting on global warming and environmental concerns; (3) encourage, and develop multilateral agreements with, other nations to reduce the generation of such gases; (4) assist in the worldwide protection of tropical rainforests; (5) require Federal agencies to determine the impacts of global warming on their activities and propose greenhouse gas reduction policies; and (6) develop technologies that will provide reliable energy and services while reducing the generation of such gases.
United States · United States Congress · 15 March 1989
Pollution Prevention Act of 1989 - Establishes within the Environmental Protection Agency (EPA) an office to promote pollution prevention through source reduction. Requires the EPA Administrator to develop and implement a source reduction strategy which: (1) establishes standard methods for measuring source reduction; (2) coordinates and promotes source reduction activities and techniques in Federal agencies, businesses, and educational curricula; (3) coordinates and streamlines data collection requirements under existing environmental statutes and identifies data gaps with respect to the measurement of hazardous substances, pollution, or contamination generation and management practices; (4) makes recommendations to the Congress to eliminate barriers to source reduction including the use of incentives; (5) develops and disseminates model source reduction auditing procedures designed to highlight source reduction opportunities; and (6) promotes source reduction for nonhazardous wastes. Directs the Administrator to make matching grants to States for programs to promote source reduction by businesses. Sets forth criteria to be evaluated in the awarding of such grants. Limits the percentage of funds for such programs that may be Federal funds to 75 percent in FY 1990 and 1991, 62.5 percent in FY 1992 and 1993, and 50 percent in FY 1994. Requires the Administrator to establish a Source Reduction Clearinghouse to compile a computer data base which contains information on management, technical, and operational approaches to source reduction. Directs the Administrator to make such information available to the public. Directs owners or operators of facilities required to file annual toxic chemical release forms under the Superfund Amendments and Reauthorization Act of 1986 (SARA) to include with each such filing a toxic chemical source reduction and pollution control report. Sets forth items to be included in such reports, including: (1) the quantity of each chemical entering any waste stream prior to recycling, treatment, or disposal during the reporting year, and the two years thereafter, and the percentage change from the previous year; (2) the source reduction practices used with respect to such chemicals; (3) a ratio of production in the reporting year to production in the previous year; (4) the total volume of each such chemical that was recycled, treated, or disposed during the reporting year; and (5) the amount of any hazardous substances, pollutants, or contaminants released which resulted from remedial action and not from current production processes. Directs the Administrator to collect certain waste stream information from a sample of facilities drawn from classifications producing the highest volume of toxic chemicals entering the waste stream. Makes provisions of SARA applicable to the reporting requirements of this Act. Directs the Administrator to make data collected under this Act publicly available in the same manner as data collected under SARA. Establishes the National Pollution Prevention Award. Directs the President or the Administrator to make the award to companies or organizations which have benefited the economic or social well-being of the United States through reduction in the generation of hazardous substances, pollutants, contaminants, or nonhazardous solid waste. Authorizes organizations which receive such award and agree to help other American organizations improve source reduction to publicize such award. Makes such organizations ineligible to receive another award in the same category for a period of five years. Authorizes the Administrator to establish categories to make such awards and sets forth application and qualification criteria. Authorizes the Administrator to seek and accept gifts from private and public sources to carry out such program. Requires the Administrator to report to the Congress by September 30, 1991, and biennially thereafter on actions and results of the source reduction strategy. Authorizes and allocates appropriations for FY 1990 through 1994.
United States · United States Congress · 15 March 1989
National Affordable Housing Act - Title I: General Provisions and Policies - Sets forth a national housing goal and the objectives of a national housing policy. Requires State and local entities receiving direct assistance to submit to the Secretary of Housing and Urban Development a comprehensive housing affordability strategy. Title II: Homeownership - Amends the National Housing Act to base Federal Housing Administration (FHA) first-time homebuyer loan ceilings on regional median home prices. Authorizes the insurance of industry accepted mortgages under specified conditions. Requires the Secretary to report annually to the Congress regarding mortgage insurance categories. Title III: Investment in Affordable Housing - HOME Corporation Act - Establishes the Government National HOME Corporation in the Department of Housing and Urban Development (HUD). Authorizes FY 1990 and 1991 appropriations for activities under this title. Subtitle A: Housing Opportunity Partnerships (HOP) - Authorizes the Secretary, acting through the HOME Corporation, to make funds available for investment in order to expand the affordable housing supply. Directs the HOME Corporation to develop model programs designed to carry out the purposes of this title. Requires participating jurisdictions to target housing for very low- and low-income families. Sets forth affordable housing qualification provisions. Allocates resources by a housing need-based formula and by incentives. Directs the HOME Corporation to establish a housing investment trust fund for each participating jurisdiction. Requires participant matching funds. Sets aside funds for nonprofit community organization housing. Provides penalties for misuse of funds. Subtitle B: Mortgage Credit Enhancement - Authorizes the HOME Corporation to guarantee affordable housing mortgage loan pools. Subtitle C: Other Support for State and Local Housing Strategies - Directs the HOME Corporation to develop the capacity of State and local agencies and profit and nonprofit entities to identify and meet the needs for increased affordable housing, including related housing research. Subtitle D: General Authority of the HOME Corporation - Sets forth operating and authority provisions for the HOME Corporation. Subtitle E: Sets forth administrative provisions for the HOME Corporation. Title IV: Affordable Rental Housing - Subtitle A: Preservation of Affordable Rental Housing - Amends the Department of Housing and Urban Development Act to establish in HUD an Office of Affordable Housing Preservation. Subtitle B: Low-Income Rental Assistance - Amends the United States Housing Act of 1937 to revise the section 8 rental assistance program. Increases FY 1990 and 1991 budget authority for such assistance. Title V: Housing For Persons With Special Needs - Subtitle A: Assistant Secretary for Supportive Housing - Amends the Department of Housing and Urban Development Act to establish in HUD a position of Assistant Secretary for Supportive Housing to administer programs serving elderly, handicapped, or homeless persons, or others with special housing needs. Subtitle B: Supportive Housing for the Elderly - Amends the Housing Act of 1959 to authorize assistance to expand the supply of supportive housing for the elderly. Authorizes FY 1990 and 1991 appropriations. Authorizes assistance to adopt federally assisted housing for the elderly to better meet the needs of frail elderly, handicapped, or temporarily disabled residents. Authorizes FY 1990 and 1991 appropriations. Subtitle C: Supportive Housing for the Handicapped - Authorizes assistance to expand the supply of supportive housing for the handicapped. Authorizes FY 1990 and 1991 appropriations. Subtitle D: Supportive Housing for the Homeless - Amends the Stewart B. McKinney Homeless Assistance Act to authorize grants to States and local government units for homeless housing assistance. Sets forth grant allocation provisions. Permits States and local units to use such assistance for approved activities. Requires grantees to provide matching funds. Authorizes FY 1991 and 1992 appropriations. Requires an annual report to the Congress. Sets forth the following approved activities: (1) emergency shelter; (2) transitional housing for the homeless; (3) permanent housing for the handicapped homeless; and (4) supplemental assistance for facilities to assist the homeless. Increases FY 1990 and 1991 budget authority for the section 8 single room occupancy program. Title VI: Public and Indian Housing - Subtitle A: Public Housing Development - Amends the United States Housing Act of 1937 to authorize the development of new and replacement public housing. Subtitle B: Authorization - Amends the United States Housing Act of 1937 to authorize FY 1990 and 1991 public housing appropriations. Increases FY 1990 and 1991 budget authority for rental rehabilitation and development grants. Obligates FY 1990 and 1991 funds for: (1) Indian housing; and (2) the comprehensive improvement assistance program. Subtitle C: Project Independence - Amends the United States Housing Act of 1937 to provide public housing residents with greater access to employment, day care, educational, and other services. Obligates FY 1990 and 1991 funds for such purposes. Subtitle D: National Commission on Severely Distressed Public Housing - Establishes the National Commission on Severely Distressed Public Housing to identify severely distressed public housing projects, evaluate strategies to eliminate unfit housing conditions, and develop a national plan to achieve such objectives. Authorizes FY 1990 and 1991 appropriations. Title VII: Rural Housing - Amends the Housing Act of 1949 to reauthorize through FY 1991: (1) rural housing insured or guaranteed loans; (2) rental assistance payment contract authority; (3) rental housing loan authority; and (4) mutual and self-help housing grant and loan authority. Authorizes deferred mortgage repayments under specified conditions. Sets aside FY 1990 and 1991 funds for targeted underserved areas. Title VIII: Repeals and Conforming Amendments - Sets forth specified conforming and other related amendments.
United States · United States Congress · 15 March 1989
National Plumbing Products Efficiency Act of 1989 - Title I: Water Use Standards for Plumbing Products - Requires the Secretary of Commerce to prescribe test procedures for classified products. Directs the Secretary to establish water use performance standards for plumbing products classified as covered products. Requires such standards to be designed to achieve the maximum water efficiency which the Secretary determines is technologically feasible and economically justified. Sets forth maximum water use standards for the following products: (1) water closets; (2) urinals; (3) showerheads; and (4) faucets. Directs the Secretary to prescribe water use standards for any product that is classified as a covered product and manufactured and sold on or after the date that is three years after such product receives its classification. Describes the procedure for prescribing water use standards. Directs the Secretary to reevaluate such standards at the end of each five-year period after the date of enactment of this title. Requires the Secretary to publish the existing water use standards in the Federal Register and to allow a specified period for comment by interested persons. Directs the Federal Trade Commission to prescribe labeling and marking rules for each classified product. Directs the Secretary to study the feasibility of determining coverage for additional consumer products. Establishes a procedure for testing plumbing products and for maintaining test data. Directs the National Institute of Standards and Technology to assist the Secretary as necessary. Requires the Secretary of the Treasury to prescribe rules for any covered product offered for importation. Sets forth provisions for prohibited acts, enforcement procedures, and the commencement of civil actions under this title. Declares that standards, procedures, or rules under this title supersede State or river basin commission regulations. Provides for a waiver of Federal preemption over such State or river basin commission regulations. Directs the Secretary of Commerce to establish an advisory committee to report annually to the Congress on the implementation of this title by the Secretary and the Commission. Directs the Secretary to report annually to the Congress and the President on activities under this title. Authorizes appropriations for FY 1990 through 1994. Title II: Water Use Standards for Dishwashers and Clothes Washers - Amends the Energy Policy and Conservation Act to provide for the establishment of standards for water use by dishwashers and clothes washers.
United States · United States Congress · 15 March 1989
Fairness in Broadcasting Act of 1989 - Expresses the findings of the Congress that the Fairness Doctrine: (1) fairly reflects the statutory obligations of broadcasters; (2) received statutory approval from the Congress in 1959; and (3) reasonably balances first amendment rights. Amends the Communications Act of 1934 to require broadcast licensees to provide a reasonable opportunity for the discussion of conflicting views on issues of public importance. Requires enforcement and application of such requirement to be consistent with the rules and policies of the Federal Communications Commission in effect on January 1, 1987.
United States · United States Congress · 15 March 1989
High Risk Occupational Disease Notification and Prevention Act - Establishes a Risk Assessment Board (the Board), within the Department of Health and Human Services, to: (1) review pertinent medical and scientific reports on the incidence of disease associated with exposure to occupational health hazards; (2) identify and designate populations at risk that should receive notification; (3) develop a form and method of notification that will be used by the Secretary of Health and Human Services (the Secretary); and (4) determine the appropriate type of medical monitoring or beneficial health counseling. Directs the Board, in making determinations, and the National Institute for Occupational Safety and health (NIOSH), in giving or coordinating notification, to notify as many employees at risk of disease as appropriations and the best available scientific evidence permit. Directs the Secretary to include a detailed explanation of the reasons for the notification determinations in a specified report. Directs the Secretary to make every reasonable effort to ensure that each individual within a population at risk of disease is notified of the risk. Requires the Secretary, through NIOSH, to direct the required notification. Provides for telephone "hot lines" and other dissemination of information. Provides for judicial review of Board determinations. Authorizes the Secretary to certify a private employer or a State or local government to conduct notification. Requires, in the case of employees not currently exposed, that notification be transmitted to each employee in the designated population at risk of disease who was exposed to the occupational health hazard within 30 years prior to the date of notification. Requires individual notification, but where this is not reasonably possible, requires the notifying entity to make use of public service announcements and other appropriate means of notification. Requires individual notification in the case of employees currently exposed or, where that is not reasonably possible, public service announcements. Allows an employer to apply to NIOSH for a variance exempting that employer's employees from designation as a population at risk, if the existence of significant mitigating factors can be proven. Requires the Secretary to establish and certify ten occupational and environmental health centers to: (1) provide education, training, and technical assistance to personal physicians and other professionals who serve employees notified that they are at risk under this Act; and (2) provide diagnosis, treatment, and medical monitoring for such employees. Directs NIOSH to conduct or provide for research, training, and education aimed at improving the means of identifying employees exposed to occupational health hazards and improving medical assistance to such employees. Authorizes NIOSH to engage the services of experts and consultants. Amends the Public Health Service Act to authorize the Secretary to make grants and contracts for training and curriculum development in occupational medicine or health to schools of medicine and of nursing. Provides that such assistance shall be for projects: (1) at schools with occupational medicine or health programs, for faculty continuing education, curricula and training materials for undergraduate medical or nursing training, and clinical training for residents in graduate medical programs; and (2) at schools without such programs, for faculty training. Directs the Secretary, during FY 1990 through 1992, to make such grants and contracts to at least ten schools of medicine or nursing. Requires that the medical monitoring recommended by the Board be provided by the current employer at no additional cost to the employee if any part of the exposure occurred in the course of employment by that employer. Provides that the employee may be required to meet deductibles or copayments if such monitoring is through an existing employer health plan. Requires employers to provide monitoring for employees who are notified individually under this Act or who the employer has reason to know are members of the population at risk. Sets forth special rules for medical monitoring. Grants the option of being transferred to a less hazardous or nonexposed job to any employee member of a population at risk who is determined by a physician to show evidence of developing the disease described in the notice or other symptoms or conditions increasing the likelihood or incidence of such disease. Requires that the employee maintain earnings, seniority, and other employment rights and benefits of the former job. Requires such transfer to be made if within ten working days after the employee has exercised the option and transmitted to the employer a copy of the initial determination and the employer's medical representative has not requested independent reconsideration of such determination. Provides that the employer, in providing such alternative work assignment, shall not be required to: (1) violate the terms of any collective bargaining agreement; or (2) displace, lay off, or terminate any other employee. Sets forth procedures for independent reconsideration of the initial medical determination. Requires an employer to provide medical removal protection only for employees who are notified individually under this Act or who the employer has reason to know are members of a population at risk. Sets forth special rules for medical removal. Exempts from the requirement of medical removal protection any employer who has 100 or fewer employees in 1989 through 1990, and thereafter 50 or fewer, and who has made or is making a reasonable good faith effort to eliminate the occupational health hazard that is the basis for the medical removal decision. Prohibits discharging or discriminating against employees, or applicants for employment, on the basis that they are or have been members of a population at risk. Makes an exception to such prohibition if the position which the applicant seeks requires exposure to the occupational health hazard which is the subject to the notice. Allows an employer to remove an employee to a less hazardous or nonexposed job if this is determined to be medically necessary and if earnings, seniority, and other employment rights and benefits are maintained. Allows an employer with 100 or fewer employees in 1989 through 1990, and thereafter with 50 or fewer, to transfer an employee who is or has been a member of a population at risk to another job if earnings, seniority, and other employment rights and benefits are as comparable as possible to the old job and if the terms of an applicable collective bargaining agreement are not violated. Makes medical removal protection provisions inapplicable to seasonal agricultural workers, but provides for medical monitoring of such workers. Provides for confidentiality of employee records unless disclosure is authorized by and is necessary to carry out a provision of this Act, or is authorized by the employee. Directs the Secretary to require recordkeeping, by NIOSH or by employers certified to notify employees, necessary to monitor the numbers, types, and results of notification under this Act. Authorizes the Secretary to bring an action in U.S. district court to enjoin an employer from violating this Act. Authorizes the Secretary to bring an action in U.S. district court against an employer certified to notify employees for any act or omission that is a knowing or reckless violation of this Act. Sets forth civil penalties for such violations. Permits employees aggrieved by violations of provisions involving medical monitoring, medical removal, discrimination, and confidentiality to apply, within six months after the violation occurs, to the Secretary of Labor for a review of the alleged violation. Sets forth provisions for investigations, actions, defenses, determinations, and appeals in such cases. Provides for reinstatement and other relief for employees injured by such violations. Sets forth civil penalties for such violations. Prohibits actions against physicians for good faith determinations under medical removal provisions. Directs the Secretary of Labor to report annually to the Congress on the implementation and enforcement of the hazard communication standard. Directs the Secretary to report annually to the Congress on the implementation and enforcement of notification under this Act. Requires each Federal agency that conducts epidemiologic studies on occupational disease to establish procedures for notifying subjects of such studies of the findings, including specified information if the subjects are at risk of disease. Directs the Secretary to prescribe regulations necessary to carry out this Act. Authorizes appropriations for FY 1990 through 1992.
United States · United States Congress · 15 March 1989
National Affordable Housing Act - Title I: General Provisions and Policies - Sets forth a national housing goal and the objectives of a national housing policy. Requires State and local entities receiving direct assistance to submit to the Secretary of Housing and Urban Development a comprehensive housing affordability strategy. Title II: Homeownership - Subtitle A: FHA Amendments - Amends the National Housing Act to base Federal Housing Administration (FHA) first-time homebuyer loan ceilings on regional median home prices. Authorizes the insurance of industry accepted mortgages under specified conditions. Requires the Secretary to report annually to the Congress regarding mortgage insurance categories. Subtitle B: Savings for a Downpayment - Amends the Internal Revenue Code to: (1) authorize certain retirement plans (401(k) plans) to make equity investments in a participant's principal residence; and (2) authorize individual retirement account funds to be used as loans to purchase a home by a first-time homebuyer. Title III: Investment in Affordable Housing - HOME Corporation Act - Establishes the Government National HOME Corporation in the Department of Housing and Urban Development (HUD). Authorizes FY 1990 and 1991 appropriations for activities under this title. Subtitle A: Housing Opportunity Partnerships (HOP) - Authorizes the Secretary, acting through the HOME Corporation, to make funds available for investment in order to expand the affordable housing supply. Directs the HOME Corporation to develop model programs designed to carry out the purposes of this title. Requires participating jurisdictions to target housing for very low- and low-income families. Sets forth affordable housing qualification provisions. Allocates resources by a housing need-based formula and by incentives. Directs the HOME Corporation to establish a housing investment trust fund for each participating jurisdiction. Requires participant matching funds. Sets aside funds for nonprofit community organization housing. Provides penalties for misuse of funds. Subtitle B: Mortgage Credit Enhancement - Authorizes the HOME Corporation to guarantee affordable housing mortgage loan pools. Subtitle C: Other Support for State and Local Housing Strategies - Directs the HOME Corporation to develop the capacity of State and local agencies and profit and nonprofit entities to identify and meet the needs for increased affordable housing, including related housing research. Subtitle D: General Authority of the HOME Corporation - Sets forth operating and authority provisions for the HOME Corporation. Subtitle E: General Provisions - Sets forth administrative provisions for the HOME Corporation. Title IV: Affordable Rental Housing - Subtitle A: Preservation of Affordable Rental Housing - Amends the Department of Housing and Urban Development Act to establish in HUD an Office of Affordable Housing Preservation. Subtitle B: Low-Income Rental Assistance - Amends the United States Housing Act of 1937 to revise the section 8 rental assistance program. Increases FY 1990 and 1991 budget authority for such assistance. Title V: Housing For Persons With Special Needs - Subtitle A: Assistant Secretary for Supportive Housing - Amends the Department of Housing and Urban Development Act to establish in HUD a position of Assistant Secretary for Supportive Housing to administer programs serving elderly, handicapped, or homeless persons, or others with special housing needs. Subtitle B: Supportive Housing for the Elderly - Amends the Housing Act of 1959 to authorize assistance to expand the supply of supportive housing for the elderly. Authorizes FY 1990 and 1991 appropriations. Authorizes assistance to adapt federally assisted housing for the elderly to better meet the needs of frail elderly, handicapped, or temporarily disabled residents. Authorizes FY 1990 and 1991 appropriations. Subtitle C: Supportive Housing for the Handicapped - Authorizes assistance to expand the supply of supportive housing for the handicapped. Authorizes FY 1990 and 1991 appropriations. Subtitle D: Supportive Housing for the Homeless - Amends the Stewart B. McKinney Homeless Assistance Act to authorize grants to States and local government units for homeless housing assistance. Sets forth grant allocation provisions. Permits States and local units to use such assistance for approved activities. Requires grantees to provide matching funds. Authorizes FY 1991 and 1992 appropriations. Requires an annual report to the Congress. Sets forth the following approved activities: (1) emergency shelter; (2) transitional housing for the homeless; (3) permanent housing for the handicapped homeless; and (4) supplemental assistance for facilities to assist the homeless. Increases FY 1990 and 1991 budget authority for the section 8 single room occupancy program. Title VI: Public and Indian Housing - Subtitle A: Public Housing Development - Amends the United States Housing Act of 1937 to authorize the development of new and replacement public housing. Subtitle B: Authorization - Amends the United States Housing Act of 1937 to authorize FY 1990 and 1991 public housing appropriations. Increases FY 1990 and 1991 budget authority for rental rehabilitation and development grants. Obligates FY 1990 and 1991 funds for: (1) Indian housing; and (2) the comprehensive improvement assistance program. Subtitle C: Project Independence - Amends the United States Housing Act of 1937 to provide public housing residents with greater access to employment, day care, educational, and other services. Obligates FY 1990 and 1991 funds for such purposes. Subtitle D: National Commission on Severely Distressed Public Housing - Establishes the National Commission on Severely Distressed Public Housing to identify severely distressed public housing projects, evaluate strategies to eliminate unfit housing conditions, and develop a national plan to achieve such objectives. Authorizes FY 1990 and 1991 appropriations. Title VII: Rural Housing - Amends the Housing Act of 1949 to reauthorize through FY 1991: (1) rural housing insured or guaranteed loans; (2) rental assistance payment contract authority; (3) rental housing loan authority; and (4) mutual and self-help housing grant and loan authority. Authorizes deferred mortgage repayments under specified conditions. Sets aside FY 1990 and 1991 funds for targeted underserved areas. Title VIII: Amendment to the Internal Revenue Code - Amends the Internal Revenue Code to make permanent the low-income housing credit ceiling. Title IX: Repeals and Conforming Amendments - Sets forth specified conforming and other related amendments.
United States · United States Congress · 15 March 1989
Research and Experimental Credit Extension and Reform Act of 1989 - Amends the Internal Revenue Code to make permanent the income tax credit for qualified research expenditures by repealing the provisions that would terminate the credit for expenses incurred or paid after 1989. Revises the method for computing: (1) base period research expenses, adding a factor reflecting the gross national product growth rate; and (2) the tax credit, adding an alternative computation component. Applies the credit to in-house research expenses that the taxpayer pays or incurs for the principal purpose of using the research results in the active conduct of a future trade or business.
United States · United States Congress · 15 March 1989
Commends the cable television industry on the tenth anniversary of the Cable Satellite Public Affairs Network (C-SPAN) for its contribution toward informing and educating U.S. citizens.
United States · United States Congress · 7 March 1989
Volunteer Protection Act of 1989 - Prescribes circumstances under which volunteers working for nonprofit organizations or government entities shall be immune from personal financial liability for acts on behalf of the organization or entity. Sets forth exceptions to and conditions on the granting of such immunity that a State may impose. Requires the Secretary of Health and Human Services to increase by one percent the fiscal year allotment which would otherwise be made to a State to carry out the Social Services Block Grant Program under title XX of the Social Security Act if such State has, within two years, certified to the Secretary that it has enacted a State law which provides such immunity. Provides for the continuation of such increase based on an annual recertification.
United States · United States Congress · 1 March 1989
Prohibits: (1) the relocation of Navajo and Hopi Indians for an 18-month period; (2) the expenditure of Federal funds during such period with respect to certain lands held in trust for the Navajo and Hopi Tribes; and (3) construction on such lands during such period, except such construction necessary for individuals already relocated to such lands. Establishes the Navajo and Hopi Relocation Advisory Commission to study: (1) the problems resulting from the implementation of the Navajo-Hopi Land Settlement Act of 1974; and (2) alternatives to relocations required under such Act that meet the needs of traditional members of both the Hopi and Navajo traditional governments. Directs the Commission to hold public hearings regarding the lands involved in the relocation. Requires the Commission, within one year after enactment of this Act, to submit to the President and to the Congress a report on the study, including recommendations for solutions to the implementation problems and viable alternatives to the relocations. Provides for the termination of the Commission 30 days after it submits its report. Provides for the payment of funds necessary to carry out the provisions of this Act out of amounts appropriated to the Navajo and Hopi Indian Relocation Commission.
United States · United States Congress · 1 March 1989
Renewable Energy and Energy Efficiency Technology Competitiveness Act of 1989 - Sets forth specified national goals for the wind, photovoltaics, and solar thermal energy programs. Requires the President's budget requests for FY 1991 to contain the recommendations of the Secretary of Energy for specified Department of Energy research and development programs for 1995, including biofuels energy systems, solar buildings energy systems, ocean energy systems, and geothermal energy. Authorizes appropriations for FY 1991 through 1993 for: (1) the wind energy research program; (2) the photovoltaic energy systems program; (3) the solar thermal energy systems program; (4) the biofuels energy systems program; (5) the solar buildings energy systems program; (6) the ocean energy systems program; and (7) the geothermal energy program. Requires the Secretary to submit an options analysis to the Congress regarding the accelerated commercialization of specified renewable energy technologies. Requires the President's budget requests for FY 1991 and 1992 to include the Secretary's recommendations of amounts to be set aside for energy efficiency research and development and demonstration initiatives. Authorizes appropriations for specified energy efficiency research and development programs for FY 1991 through 1993. Directs the Secretary to establish joint research and development ventures in specified energy technologies and to report to the Congress on the implementation of such plans. Directs the Secretary to establish the following advisory bodies: (1) Advisory Committee on Renewable Energy and Energy Efficiency Technology; (2) Advisory Subcommittee on Photovoltaic Energy Technology; (3) Advisory Subcommittee on Wind Energy Technology; (4) Advisory Subcommittee on Solar Thermal Energy Technology; (5) Advisory Subcommittee on Energy Performance in Factory-Made Housing; (6) Advisory Subcommittee on Advanced District Cooling Technology; and (7) Advisory Subcommittee on Renewable Energy and Energy Efficiency Technology Exports. Authorizes appropriations for FY 1991 through 1993 for such joint ventures. Requires the Committee on Renewable Energy, Commerce, and Trade to report annually to the Congress regarding renewable energy technology exports. Authorizes appropriations for such Committee activities for FY 1991 through 1993. Amends the National Energy Conservation Policy Act to direct the Secretary to establish an information dissemination program for Federal procurement and loan officers on the benefits of solar heating and cooling technology, including site visits and technical briefings. Amends the Foreign Assistance Act of 1961 to authorize the Overseas Private Investment Corporation to include among its special projects incentives, grants, and studies for renewable energy and other small business activities. Requires the Secretary to make annual reports to the Congress regarding the research programs and ventures under this Act. Requires each annual submission of the National Energy Policy Plan to be accompanied by a three-year strategic plan for energy technology research, development, and demonstration, including energy conservation and renewable energy technologies.
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
National Board for Professional Teaching Standards Act of 1989 - Directs the Secretary of Education to provide financial assistance to the National Board for Professional Teaching Standards (a private nonprofit organization) for research and development relating to teacher assessment and certification procedures. Authorizes appropriations for FY 1990 through 1992. Requires the Board to: (1) establish a Research and Development Advisory Committee; and (2) consult with the Secretary and other specified entities in appointing the ten Committee members (with the Secretary selecting two of those). Requires funds under this Act to be used only for research and development of teacher assessment and certification procedures for elementary and secondary school teachers. Requires that priority be given to activities relating to teaching: (1) the subject areas of mathematics, the sciences, foreign languages, and literacy (including reading, writing, and analytical ability); and (2) special educational populations, including limited English proficient children, gifted and talented children, handicapped children, and economically and educationally disadvantaged children. Sets the Federal share of the cost of such Board activities at 50 percent. Requires the Board to report annually to the appropriate committees of Congress. Requires the Department of Education, the National Science Foundation, and the National Research Council to review and comment on the Board's report and to report to such committees on the Board's compliance with this Act.
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 · 9 February 1989
National Community Service Act of 1989 - Title I: Establishment and Administration of the National Community Service Corporation - Establishes the National Community Service Program. Allows any individual to volunteer for service with the Program if: (1) such individual is determined by the Corporation for National Community Service to be fit for service; and (2) adequate funds are available for enrollment. Directs the Corporation to establish rules for selecting and accepting applicants as volunteers, up to the total number of positions authorized for each fiscal year. Sets the length of individual service at three to six years, with individual discretion allowed within such time limits. Allows a portion of specified financial assistance to be provided to a volunteer who is released after partial completion of service because of compelling personal circumstances. Requires Program volunteers to serve for: (1) two weekends a month and two weeks during the year; or (2) an average of nine hours per week. Provides for transfers of volunteers. Directs the Corporation annually to provide each Program participant a non-transferable voucher equal to $3,000 for each year of service. Requires that such voucher be used only for: (1) payment of a federally sponsored student loan; (2) downpayment for a first home; or (3) payment for educational tuition, fees, room, and board, to be paid directly to an educational, technical, or vocational institution. Excludes such compensation from gross income for income tax purposes. Requires each volunteer to attend a six-week national training session conducted by the Corporation. Requires each State to provide any additional training a volunteer may receive on the community level. Requires that each volunteer receive additional training in relevant skills from the sponsoring government agency or organization. Directs the Corporation to coordinate and administer the Program. Title II: Establishment and Organization of the Corporation - Establishes the Corporation for National Community Service as a nonprofit organization which shall not be considered an agency or establishment of the U.S. Government. Title III: Provision of Community Services - Directs each State Governor to designate a State Administrator to administer and supervise the Program in that State. Sets forth provisions for State plans and State office duties. Directs each State Administrator, in selecting eligible organizations for placement of volunteers, to give preference to agencies and organizations that involve: (1) primarily existing programs; (2) nonprofit organizations (e.g. United Way); (3) government-sponsored volunteer programs (e.g. State conservation corps); or (4) programs that provide and develop services for young people (e.g. Big Brother/ Big Sister), the elderly (e.g. Meals on Wheels or nursing home visitors), public safety (e.g. volunteer firefighters or emergency medical personnel), conservation (e.g. parks and reforestation), and helping others help themselves (e.g. home care, literacy training, and Habitat for Humanity). Title IV: Miscellaneous - Authorizes appropriations to carry out this Act for FY 1991 through 1994. Authorizes the following maximum numbers of volunteers: (1) 50,000 in FY 1991; (2) 100,000 in FY 1992; (3) 200,000 in FY 1993; and (4) 400,000 in FY 1994. Provides for Federal, State, local, and private shares of Program costs.
United States · United States Congress · 9 February 1989
Expresses the sense of the Senate that the President should: (1) delay notifying the Congress of the sale of General Dynamics F-16 fighter aircraft technology to Japan for 60 days while a further review of such sale is made by specified executive departments; (2) examine such sale's impact on the competitiveness of the U.S. aerospace industry; and (3) submit within 60 days after enactment of this resolution a report containing his findings to the Senate Committees on Foreign Relations and Armed Services.
United States · United States Congress · 8 February 1989
Amends the National Trails Systems Act to designate the Pony Express National Historic Trail, extending from Saint Joseph, Missouri, through Kansas, Nebraska, Colorado, Wyoming, Utah, and Nevada to Sacramento, California, as a component of the National Trails System.
United States · United States Congress · 8 February 1989
Assault Weapon Control Act of 1989 - Amends the Federal criminal code to prohibit the transfer, importation, transportation, shipping, receipt, or possession of: (1) any assault weapon; and (2) a large-capacity detachable magazine or ammunition belt which can be employed by a semiautomatic firearm. Provides exceptions for transfers to, and possession by, a Federal, State, or local government entity and lawful possessions before specified dates. Defines "assault weapon" to mean: (1) all firearms so designated under this Act (including Kalashnikov, Uzi, and AR-15 semiautomatic firearms); and (2) all other semiautomatic firearms which are determined by the Secretary of the Treasury to be assault weapons. Defines a large capacity magazine or belt as one which holds over ten rounds. Requires the Secretary: (1) within 30 days after enactment, to determine which firearms sold, or potentially sold, in the United States, in addition to those specifically designated in this Act, shall be designated as assault weapons; and (2) to publish and modify periodically a list of such firearms. Authorizes the Secretary to issue an emergency order, for up to 90 days, barring importation and sale of any firearms that may be designated as assault weapons. Precludes the designation of a firearm as an assault weapon if it meets specified criteria. Authorizes the Secretary to recommend to the Congress any appropriate modification of this Act, including the addition or deletion of firearms to be designated as assault weapons. Requires the Secretary to submit an initial report within three months of the enactment of this Act. Sets forth penalties for the use or possession of an assault weapon during and in relation to the commission of a crime of violence or a drug trafficking crime. Amends the Internal Revenue Code to apply the prohibition against the transfer or manufacture of firearms to assault weapons. Includes assault weapons in provisions regarding the maintenance of a central registry of all firearms in the United States which are not under U.S. possession or control. Requires registration of assault weapons within 30 days from the latter of the date the Secretary provides public notice that the type of firearm is designated as an assault weapon or the date the Secretary promulgates regulations for registration.
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
Global Poverty Reduction Act - Amends the Foreign Assistance Act of 1961 to direct the President to develop a plan to ensure that U.S. development assistance contributes measurably toward eradicating the worst aspects of absolute poverty by the year 2000. Requires that such plan include target dates for reaching specific measurable goals whose attainment would contribute to direct improvements in the living standards of the poorest 40 percent of the population. Specifies that such goals shall include reducing the mortality rate of infants under age five, increasing the female literacy rate, and reducing the percentages of populations below the absolute poverty level by specified amounts by the year 2000. Directs that development activities carried out under this Act shall be consistent with maintaining and restoring the renewable natural resource base. Requires the President to submit the plan to the Congress by July 1, 1990. Requires all U.S. development assistance to be directed at attaining plan goals between October 1, 1990, and December 31, 2000. Requires the President to submit annual reports to the Congress detailing progress toward achieving plan goals. Directs the Comptroller General to review and comment on each report issued. Directs the President to host an international development conference for heads of governments of development assistance donor and recipient countries by October 16, 1990, to conclude an international agreement on eliminating the worst aspects of absolute poverty by the year 2000.
![Official portrait of Sen. Wirth, Timothy [D-CO]](https://www.congress.gov/img/member/w000647_200.jpg)