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United States · Official source
4,673 records where Del. Fauntroy, Walter E. [D-DC-At Large] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 20 February 1990
Amends the Federal Aviation Act of 1958 to require the Secretary of Transportation to issue regulations requiring the use of child safety restraint systems on commercial aircraft.
United States · United States Congress · 20 February 1990
Commercial Activities Contracting Procedures Act of 1990 - Directs executive agencies, including the U.S. Postal Service, to prepare and make public an annual inventory of all commercial activities performed by their employees or by a commercial source under contract. Excludes from such an inventory: (1) commercial activities requiring less than ten full-time equivalent work years annually; (2) governmental functions; and (3) certain preferential procurement programs relating to small disadvantaged business or sheltered workshops for the blind or severely handicapped. Allows labor organizations representing agency employees to petition agency heads to include or exclude a commercial activity from an inventory. Requires the performance of commercial activities included in an inventory to be procured from commercial sources unless the agency head determines that: (1) no commercial source can perform the activity; (2) use of such source would unacceptably delay or disrupt an agency program or activity; (3) the activity affects patient care at a Government-operated hospital and performance of the activity by Government employees would be in the best interest of patient care; (4) the activity is a governmental function; (5) with respect to commercial activities presently being performed by contract, Government employees can perform the work at a lower cost; or (6) with respect to activities presently being performed by Government employees, Government employees can perform the work at a cost no more than ten percent higher than the anticipated cost of contracting out. Requires agencies, before converting the performance of any commercial activity, to conduct a cost comparison analysis that computes all costs on the basis of the final performance work statement. Sets forth exceptions for the preferential procurement programs excluded from the inventory. Directs the Federal Acquisition Regulatory Council to amend the Federal Acquisition Regulation to establish requirements for conducting such analyses that contain provisions governing the calculation of all relevant costs of performing a commercial activity, the exclusion of certain costs, and the consideration of the use of government property. Requires Federal agency heads to establish a board to review the adequacy of cost comparison analyses and the performance work statements for accuracy and completeness and to consider employee appeals regarding an agency decision not to incorporate their comments and recommendations into a performance work statement. Allows interested parties to appeal a review board decision to an agency head. Prohibits a conversion to contract or in-house performance of any commercial activity within 30 days after a review board decision or while an appeal of a review board decision is pending. Requires Federal agency heads to notify all agency employees performing a commercial activity of each cost comparison analysis initiated with respect to that commercial activity and to keep those employees informed of the progress of each such analysis. Prohibits disclosure of any cost comparison analysis before the agency issues a public notice that the commercial activity will either be converted to contract or to in-house performance or will be performed by Government employees. Requires Federal agency heads to prepare a performance work statement for each commercial activity for which a cost comparison analysis is conducted. Requires such statement to define the scope of work for a commercial activity. Allows commercial activities to be combined for the preparation of such statements under certain circumstances. Requires each agency to provide agency employees who may be adversely affected 60 days to submit comments and recommendations regarding each performance work statement before it is submitted to the review board. Grants an employee the right to appeal to the appropriate review board an agency decision not to incorporate such comments and recommendations into a performance work statement. Requires the review board to sustain the appeal and require the agency to incorporate such recommendation into the performance work statement if the board determines that an agency decision is not substantially justified by the facts of the case or is contrary to law or regulation. Requires agencies to make performance work statements available for public review. Sets forth the duties of the Government and private sector contractors regarding reemployment of employees adversely affected by a conversion to contract performance. Directs the Administrator of Federal Procurement Policy to issue regulations requiring agency heads to report annually to the Office of Federal Procurement Policy on the number and dollar value of agency commercial activities converted to contract or to in-house performance each year and on anticipated savings resulting from such conversions. Directs the Administrator to report annually to the Congress on: (1) such savings and whether the conversions actually resulted in the savings anticipated; (2) the number of Federal and non-Federal employees performing commercial activities for the Government; and (3) the contract number and value for each commercial activity procured by an agency under contract. Provides that General Accounting Office bid protest procedures are not applicable to conversions to contract or to in-house performance. Declares that this Act shall not apply: (1) in any case in which its application would be contrary to a treaty or other lawful agreement between the United States and any other nation; (2) to the Department of Defense in time of a declared war or a military mobilization or other emergency declared, without delegation, by the President or by the Secretary of Defense; or (3) to research or development activities.
United States · United States Congress · 20 February 1990
Federal Used Property for Domestic Use Act of 1990 - Amends the Federal Property and Administrative Services Act of 1949 to authorize the Administrator of the General Services Administration to make available to foreign governments or international relief agencies for humanitarian relief purposes nonlethal surplus personal property. Requires transfer of such property to the Secretary of State for distribution. Repeals provisions authorizing the Secretary of Defense to make available for humanitarian relief purposes any nonlethal excess supplies of the Department of Defense.
United States · United States Congress · 20 February 1990
Amends Federal provisions which prohibit the taking of unfavorable personnel actions against a person making a communication to a Member of Congress or an Inspector General to include as an unfavorable action the use of psychiatric evaluations or involuntary commitment for treatment of mental health disorders. Provides protection against the taking of an unfavorable personnel action to persons making a communication to any appropriate authority in the military chain of command. Provides specified rights to a member of the armed forces who is referred for psychiatric evaluation or involuntary commitment for treatment of a mental health disorder and who believes such action has been taken because of a complaint or disclosure of information. Imposes penalties for causing a member of the armed forces to be committed to a facility for treatment of a mental health disorder without reasonable cause.
United States · United States Congress · 7 February 1990
Antarctic Protection and Conservation Act of 1990 - Makes it unlawful to engage in, finance, or provide assistance to, any Antarctic mineral resource activity. Directs the Under Secretary of Commerce for Oceans and Atmosphere to promulgate regulations to minimize and prevent any adverse impact by tourist expeditions to the Antarctic by training and establishing qualifications for tour guides and implementing safety standards for vessel and air transportation in such area. Prohibits the financing or conducting of any tourist activity in Antarctica if such regulations are not promulgated. Applies environmental impact assessment requirements of the National Environmental Policy Act of 1969 to Antarctica activities of Federal agencies or entities receiving Federal assistance. Amends the Antarctic Marine Living Resources Convention Act of 1984 to make it unlawful to engage in commercial fishing in Antarctica, except in compliance with a fishery management plan approved under the Fishery Conservation and Management Act of 1976. Requires the Secretary of State to enter into negotiations with the Antarctic Treaty Consultative Parties to conclude an agreement to: (1) permanently ban Antarctic mineral resource activities; and (2) permanently conserve and protect Antarctica's environment and ecosystems. Prescribes civil and criminal penalties for violations of this Act. Authorizes appropriations.
United States · United States Congress · 7 February 1990
Federal Employees Pay Comparability Act of 1990 - Creates the Federal Salary Council to define local pay areas and occupational group categories that include professional, administrative, technical, clerical, law enforcement, firefighter, and health care positions. Directs the Bureau of Labor Statistics (BLS) to: (1) survey the Federal employees in such occupational categories in each local pay area at least once every three years to compare Federal rates of pay to non-Federal rates of pay for the same work; and (2) prepare appropriate alternative pay schedules. Directs the President, based on the resulting BLS report, to establish alternative pay schedules or adjust existing pay schedules where necessary to ensure the competitiveness of the Government in recruiting or retaining well-qualified employees. Requires higher rates under such schedules to be implemented through equal percentage increments over three years. Prohibits an alternative pay schedule from applying with respect to any employee who is employed outside the continental United States or elsewhere where an allowance based on living costs or environmental conditions may be paid. Prohibits employees becoming subject to an alternative pay schedule from being paid less than they would otherwise be paid under a statutory pay system schedule. Prohibits any reduction of a rate of pay under an alternative pay schedule as a result of any adjustment under this Act. Provides that if pay surveys determine that no adjustment in pay rates under an alternative pay schedule is required, such rates shall be adjusted at the same time that any pay adjustment occurs and by the overall average percentage of any adjustment in General Schedule pay rates. Provides annual pay adjustments for employees under each statutory pay system equal to the annual increase in the Employment Cost Index (a quarterly measure of the cost of labor in the private sector). Declares that increases in rates of pay under this Act are not equivalent increases in pay under provisions regarding periodic step-increases. Grants the President authority to provide for special pay rates if the Government's efforts to recruit or retain well-qualified individuals are significantly handicapped by: (1) the remoteness of the area or location involved; (2) undesirable working conditions including exposure to toxic substances; or (3) any other circumstances which the President considers appropriate. Prohibits a minimum special pay rate from exceeding the maximum statutory pay rate for the applicable grade or level. Authorizes the Director of the Office of Management and Budget to grant authority to executive department and agency heads to fix the basic pay rate of up to 400 Government-wide positions which such heads determine to be critical positions at an annual rate that does not exceed the rate for level I of the Executive Schedule. Directs agency heads, in determining whether a position is critical, to consider to the extent to which: (1) the position requires scientific, technical, professional, or administrative qualifications; and (2) additional compensation is necessary to recruit or retain exceptionally qualified individuals. Allows such authority to be reexercised when such a position becomes vacant and is refilled if: (1) an agency head determines that the position remains a critical position; and (2) the Director reconfirms his or her original allocation of critical-position pay authority among executive departments and agencies. Eliminates the GS-11 grade requirement for paying new employees above the minimum rate of the appropriate grade. Creates a new pay system for administrative law judges and contract appeals board members consisting of at least three pay rates to be established and thereafter adjusted by the President. Sets the maximum rate at level IV of the Executive Schedule and the minimum rate at a grade GS-16, Step 1. Requires the Office of Personnel Management to determine which of such rates shall be paid to individual administrative law judges or contract appeals board members according to criteria prescribed by the Office.
United States · United States Congress · 7 February 1990
Civil Rights Act of 1990 - Amends the Civil Rights Act of 1964 to provide that: (1) once a complainant has demonstrated that an employment practice results in a disparate impact on the basis of race, color, religion, sex, or national origin, the respondent has the burden of proving that the practice is justified by business necessity; (2) a complainant need not demonstrate which of a group of practices results in the demonstrated disparate impact; and (3) a respondent need not show business necessity for a specific practice within a group of practices if the respondent shows that that practice does not contribute to the disparate impact. Declares that an unlawful employment practice is established on a demonstration that race, color, religion, sex, or national origin was a motivating factor for any employment practice, even though such practice was also motivated by other factors, but bars certain types of relief if the respondent establishes that it would have taken the same action in the absence of any discrimination. Prohibits a challenge to an employment practice that implements a litigated or consent judgment or order resolving a claim of employment discrimination: (1) by a person who had certain types of notice and opportunity; (2) by a person whose interests were adequately represented by another person who challenged the judgment or order; or (3) if reasonable efforts were made to provide notice to interested persons. Increases to two years the time limit within which a charge of an unlawful employment practice must be filed. Removes provisions setting a separate time limit for charges initially filed with a State or local agency. Declares that a seniority system or practice which is part of a collective bargaining agreement is an unlawful employment practice if it was included in the agreement with the intent to discriminate. Allows, except for disparate impact cases, for compensatory damages (but not back pay) and, where there is malice or reckless or callous indifference, for punitive damages. Allows any party, where compensatory or punitive damages are sought, to demand a jury trial. Includes expert fees and other litigation expenses in any attorney's fees awarded. Prohibits a consent order or judgment settling a claim unless the parties and their counsel attest that a waiver of attorneys' fees was not compelled as a condition of the settlement. Allows to the prevailing party in the original action an award of attorney's fees and costs in defending a challenged judgment or order. Increases to 90 days after final action by a Federal agency the time limit for a Federal employee to bring a civil action. Allows to Federal employees the same interest to compensate for delay in payment as in cases involving non-public parties. Requires Federal civil rights laws to be broadly construed to effect their purpose to eliminate discrimination and provide effective remedies. Prohibits, except as expressly provided, any Federal civil rights law from being construed to restrict or limit the rights, procedures, or remedies available under any other Federal civil rights law. Declares that, for purposes of provisions relating to equal rights under the law, the right to make and enforce contracts includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship.
United States · United States Congress · 7 February 1990
Permits the reimbursement of a patient's regular physician under title XVIII (Medicare) of the Social Security Act for services provided to such patient by another physician who occasionally covers for the regular physician.
United States · United States Congress · 7 February 1990
B-2 Production Termination Act - Prohibits funds appropriated to the Department of Defense (DOD) after FY 1990 from being used to commence production of B-2 aircraft. Limits the use of funds already appropriated to DOD for the B-2 to: (1) the completion of the production of such aircraft which began with funds appropriated for a fiscal year before FY 1991; and (2) research, development, test, and evaluation, including flight testing. Directs the Secretary of Defense to preserve production facilities and tooling for production of such aircraft in order to maintain an option to produce such aircraft in the future.
United States · United States Congress · 7 February 1990
Marine Mammal Public Display Reform Act of 1990 - Amends the Marine Mammal Protection Act of 1972 to direct the Secretary of the Interior to deny a permit for the taking of any marine mammal in the waters of a State for public display if the Governor of such State submits to the Secretary notice of disapproval of the issuance of such permit.
United States · United States Congress · 7 February 1990
Grants a Federal charter to the Retired Enlisted Association, Incorporated.
United States · United States Congress · 7 February 1990
Taxpayer Recovery Act of 1990 - Amends the Federal bankruptcy code to exempt from a bankruptcy discharge: (1) a criminal restitution order issued against a person who has caused loss to a financial institution; (2) an order for damages arising from fraud or reckless disregard for the law involving a financial institution; and (3) judgments obtained by the FDIC against officers and directors for breach of fiduciary duty. Extends from 60 to 120 days the time during which an objection to a discharge in bankruptcy petition may be filed. Restricts to $7,500 the amount of real estate or insurance assets which may be shielded under the homestead exemption to the bankruptcy code.
United States · United States Congress · 7 February 1990
Comprehensive Services Program for Homeless Veterans Act of 1990 - Directs the Secretary of Veterans Affairs to establish a comprehensive services program to address fully the needs of homeless veterans through housing, medical care, vocational rehabilitation, transportation, and social services provided through this Act and other programs administered by the Department of Veterans Affairs. Requires each director of a medical center of the Department to carry out jointly with the veterans' benefits director of the region concerned an assessment concerning the number of homeless veterans in the area and current services provided. Requires joint preparation, for each of FY 1991 through 1994, of a plan for meeting the needs of homeless veterans in the area, to be submitted to the Secretary. Provides funding from the Secretary to the directors for such assessment and plans. Authorizes appropriations for FY 1991 through 1994. Directs the Secretary to provide for the establishment of outreach service centers in areas where there are significant numbers of homeless veterans. Outlines staffing and services of such centers. Directs the Secretary to provide mobile support teams to assist in the provision of benefits through medically-equipped vans in areas high in homeless veterans and in rural areas lacking adequate access to Department medical facilities. Expands the current veterans' benefits available to homeless veterans to include dental, optometric, and podiatric services. Requires the director of each medical center of the Department to use funds provided by the Secretary for homeless veterans assistance to make monthly assistance available for housing for homeless veterans and their families, under specified conditions. Prohibits such assistance for longer than one year for each homeless veteran. Requires a homeless veteran receiving such assistance to be employed at least 18 hours a week or to be involved in a compensated work therapy program administered by the Department. Requires each director to establish a program for the provision of housing owned or leased by the Department in which veterans with chronic mental illness or veterans recovering from alcohol or drug abuse may reside. Outlines program requirements similar to housing assistance program requirements. Requires each director to establish a revolving fund to make loans for the cost of establishing programs for the provision of housing to mentally ill veterans or veterans recovering from alcohol or drug abuse. Outlines loan conditions and guidelines. Directs the Secretary, for each of FY 1991 through 1994, to carry out evaluations of the programs established under this Act and to make specified congressional reports. Authorizes the Secretary to accept donations of services and equipment in furtherance of the purposes of this Act.
United States · United States Congress · 7 February 1990
Designates March 25, 1990, as Greek Independence Day: A National Day of Celebration of Greek and American Democracy.
United States · United States Congress · 7 February 1990
Designates April 1990 as National Recycling Month.
United States · United States Congress · 7 February 1990
Calls upon the President to urge Soviet President Gorbachev to publicly condemn the emergence of popular anti-Semitism in the Soviet Union and to protect Soviet Jews from harassment and violence.
United States · United States Congress · 7 February 1990
Expresses the sense of the Congress that the Office of the United States Trade Representative should utilize the trade mechanisms available to it to require foreign countries that tolerate the production and export of illicit narcotics to address the elimination of such production and export in a serious and effective manner.
United States · United States Congress · 6 February 1990
Medicare Supplemental Insurance Reform Act of 1990 - Amends title XVIII (Medicare) of the Social Security Act to prohibit a Medicare supplemental policy from being sold in any State if the policy's premium exceeds its premium for the previous year by a percentage greater than the projected percentage increase in Medicare costs, unless the premium increase has been approved by the State pursuant to a specified process providing for the detailed review of the reasonableness of such increase. Prohibits the sale of a Medicare supplemental policy which has neither been certified by the Secretary of Health and Human Services as meeting NAIC (National Association of Insurance Commissioners) Model Standards and returning a specified percentage of premiums as benefits, nor determined by a State regulatory program to be returning the requisite percentage of premiums as benefits. Increases the percentage of premiums which must be returned to policyholders as benefits. Requires that each State having a Medicare supplemental policy regulatory program maintain and make available to consumers a listing of the most recent year's ratio of benefits provided to, and premiums collected for, each policy sold in the State.
United States · United States Congress · 6 February 1990
Directs the Peace Corps to establish a memorial on Federal land in the District of Columbia to honor Peace Corps volunteers. Establishes the Peace Corps Volunteer Memorial Advisory Board to: (1) promote the establishment of the memorial; and (2) with the approval of the Peace Corps, recommend the site and select the design for the memorial. Authorizes the Peace Corps to solicit private contributions for such memorial. Establishes a fund in the Treasury for the sole purpose of carrying out this Act. Prohibits the use of Federal funds for the construction of the memorial, except those received as private contributions. Directs the Secretary of the Interior to be responsible for maintenance and care of the memorial.
United States · United States Congress · 6 February 1990
Redesignates a Federal building in Birmingham, Alabama, as the Robert S. Vance Federal Building.
United States · United States Congress · 6 February 1990
Authorizes the Export-Import Bank of the United States to guarantee, insure, finance, and extend credit in connection with the purchase or lease of any product by Czechoslovakia.
United States · United States Congress · 6 February 1990
Grants a Federal charter to the National Center for Therapeutic Riding.
United States · United States Congress · 6 February 1990
Designates October 6, 1990, as German-American Day.
United States · United States Congress · 6 February 1990
Designates August 7, 1990, as National Neighborhood Crime Watch Day.
United States · United States Congress · 6 February 1990
Harvest of Peace Resolution - Expresses the sense of the Congress that the United States should establish as a primary foreign and domestic policy objective the achievement of common security by: (1) negotiating agreements with the Soviet Union and urging other nations to reduce military forces and spending with the goal of halving worldwide military spending by the year 2000; (2) reducing military assistance and arms sales to developing nations; (3) encouraging the peaceful settlement of conflicts; (4) providing increased assistance to developing nations to overcome hunger and poverty, reduce debt burdens, promote human rights, ensure sustainable development, and protect the environment; (5) increasing support domestically for programs that address human needs; (6) helping defense industries and their employees convert to productive nondefense work; and (7) reducing the Federal deficit.
United States · United States Congress · 5 February 1990
Prohibits the use of funds of the Department of Defense for the construction of facilities for the relocation of functions of the Department located at Torrejon Air Base, Madrid, Spain, to Crotone, Italy, or any other location outside the United States.
United States · United States Congress · 5 February 1990
Tobacco Product Education and Health Protection Act of 1990 - Amends the Public Health Service Act to add a new title establishing, at the Centers for Disease Control, a Center for Tobacco Products to coordinate Federal education and research with regard to tobacco products. Directs the Center to conduct certain activities, including to study tobacco product additives and disclose their health risks to consumers and to establish ten model State programs to enforce laws concerning the sale of tobacco products to minors. Authorizes appropriations for FY 1991 through 1993. Transfers functions of the Federal Interagency Committee on Smoking and Health to the Center. Amends the Comprehensive Smoking Education Act to require the establishment of an outreach program to youth about the health consequences of smoking. Directs the Center to make grants: (1) for public information campaigns concerning the use of tobacco products; (2) to States for anti-tobacco use programs and programs to limit youth access to tobacco products; and (3) to unions and others to attempt to reduce the incidence of smoking among workers. Requires the establishment of a program, with an Interagency Committee on Smoking and Health, to inform the public of any dangers to human health presented by cigarette smoking and by smokeless tobacco products. Requires related reports to the Congress. Details administrative requirements of grants. Imposes criminal penalties allowing seizure of such products, and penalties against retailers engaged in a pattern of sale to minors. Declares tobacco products to be misbranded for not disclosing to the public information on additives and harmful constituents. Describes conditions which constitute adulteration of tobacco products, including if the product contains any filthy, putrid, or decomposed substance. Makes it unlawful to manufacture, import, or package any tobacco product unless the person has provided the Center: (1) a complete list of tobacco additives and the quantity of each; and (2) a complete list of all brands that includes the levels of tar, nicotine, carbon monoxide, and other constituents for each brand. Makes it unlawful to engage in certain types of advertising and promotion of tobacco products. Provides for establishment of an advisory committee to give advice on promulgation of regulations imposing additional restrictions or requirements on tobacco advertising and promotion. Repeals the Federal preemption of State regulation of local tobacco advertising, allowing the enactment by States and local governments of additional restrictions on the sale of tobacco products to minors and on the placement of tobacco advertising displayed solely within the applicable geographic area. Makes conforming amendments to the Comprehensive Smoking Education Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986. Changes the warning label on cigarettes.
United States · United States Congress · 5 February 1990
Smoke-Free Schools Act of 1990 - Authorizes appropriations for FY 1991 through 1993 for the Secretary of Education to make incentive grants to establish smoke-free schools. Requires States, as a condition for receiving such grants, to enact and enforce certain types of legislation for smoke-free schools. Amends the Drug-Free Schools and Communities Act of 1986 and the Anti-Drug Abuse Act of 1988 to include anti-tobacco education and smoke-free schools.
United States · United States Congress · 5 February 1990
Designates September 21, 1990, as National POW/MIA Recognition Day. Recognizes the National League of Families POW/MIA flag as the official symbol of the United States' commitment to resolving the fates of Americans still prisoner or missing in action in Southeast Asia.
United States · United States Congress · 1 February 1990
Medicaid Frail Elderly Community Care Amendments of 1990 - Amends title XIX (Medicaid) of the Social Security Act to permit States to provide Medicaid coverage of community care for functionally disabled elderly individuals. Considers individuals who are unable to perform at least two daily living activities or who have Alzheimer's disease and require substantial assistance or supervision as functionally disabled individuals. Defines a covered community care setting as a nonresidential setting or a residential setting in which more than two unrelated adults reside and personal services are provided. Requires that community care be provided to each client in accordance with an individual community care plan (ICCP) prepared and periodically reviewed and revised by a community care case manager on the basis of the manager's consultation with the client and a comprehensive functional assessment of a client's needs conducted by an interdisciplinary team before his or her receipt of care and at least annually thereafter. Sets a ceiling on Medicaid payments to States for community care. Reduces Federal Medicaid payments to States that reduce their Medicaid community care expenditures below their FY 1990 expenditures for such care. Requires that community care and community care settings meet requirements, to be developed by the Secretary of Health and Human Services, concerning client rights, the quality of such care, and safety and sanitation. Imposes specified minimum requirements on such care and settings, including certain Medicaid requirements currently applicable to nursing facilities. Requires that community care settings: (1) disclose persons having an ownership or control interest in the setting; and (2) exclude a person from such interest if he or she has been excluded from the Medicaid program or had an interest in a community care setting repeatedly found to have provided substandard care. Makes: (1) the Secretary responsible for certifying that State community care providers and settings comply with Medicaid requirements; and (2) States responsible for certifying that other community care providers and settings comply with Medicaid requirements. Requires that providers and settings be certified annually. Bases community care setting certification on an annual, unannounced survey. Directs the Secretary to: (1) develop a protocol for conducting surveys; and (2) conduct sample surveys of community care settings, within two months of State surveys, to test the adequacy of State surveys. Authorizes the Secretary to conduct a special survey of a setting or a review of a provider when there is reason to question its compliance with this Act. Prohibits the use of surveyors who have an interest in the provider or setting being surveyed. Requires States and the Secretary to investigate complaints against providers or settings concerning violations of this Act's requirements. Requires each State to provide, through the State agency responsible for the certification of such providers and settings, for the receipt, review, and investigation of allegations of client neglect and abuse, and of misappropriation of client property by providers. Requires that: (1) certain information regarding providers and settings and their compliance with this Act's requirements be made available to the public; and (2) State Medicaid fraud and abuse control units be given access to provider or setting survey and certification information. Requires that when the Secretary or State determines that a provider's or setting's deficiencies immediately jeopardize the client's health and safety, immediate action be taken to remove the jeopardy and correct the deficiencies or the provider's or setting's participation in Medicaid be terminated. Authorizes the Secretary or States to terminate a community care provider's participation in the Medicaid program and to impose a civil monetary penalty for failure to meet this Act's requirements. Sets forth the Secretary's responsibilities relating to community care requirements. Requires that State Medicaid payment rates for community care be reasonable and adequate to meet the costs of providing such care efficiently, economically, and in accordance with applicable laws, regulations, and standards. Prohibits the coverage of substandard community care, penalties imposed for such care, and community care furnished by family members.
United States · United States Congress · 1 February 1990
Title I: Short Title - Medicaid Infant Mortality Amendments of 1990 - Title II: Infant Mortality Provisions - Amends title XIX (Medicaid) of the Social Security Act to phase-in mandatory State coverage of pregnant women and infants whose family income is below 185 percent of the Federal poverty level. Deducts child and medical care costs from the income eligibility test. Directs the Secretary of Health and Human Services to report to the Congress by July 1, 1991, on State error rates in determining the Medicaid eligibility of pregnant women and infants. Suspends error rate penalties attributable to such eligibility determinations made from July 1, 1989, until one year after the Secretary's report. Requires that States make ambulatory prenatal care available to a pregnant woman during a presumptive eligibility period which ends when she is determined to be ineligible for Medicaid benefits or at the close of the month following the month in which she is determined to be eligible, if she fails to apply for such benefits. Authorizes States to provide Medicaid coverage of prenatal home visitation services for high-risk pregnant women and/or postpartum home visitation services for high-risk infants. Excepts Medicaid-eligible pregnant women from required cooperation with States in establishing the paternity of children born out of wedlock.
United States · United States Congress · 1 February 1990
Medicaid Child Health Amendments of 1990 - Amends title XIX (Medicaid) of the Social Security Act to phase-in mandatory Medicaid coverage of children whose family income is below the Federal poverty level. Permits States to provide Medicaid coverage to children who have attained age one but not age six and whose family income does not exceed 185 percent of the Federal poverty level. (Currently, States are required to cover children between such ages whose family income does not exceed 133 percent of the Federal poverty level.) Requires States to: (1) process Medicaid applications at locations which include locations other than those used for applications under part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act; and (2) use applications other than those used under the AFDC program. Permits States to provide an additional 12 months of extended Medicaid coverage to families whose AFDC eligibility ends due to the caretaker relative's employment. (Currently, States are required to provide 12 months of such extended coverage.) Requires States which provide prospective Medicaid payments to hospitals to reimburse hospitals which serve a disproportionate share of low-income patients for exceptionally costly or lengthy stays by children. Directs States to provide Medicaid coverage for disabled children who are eligible for benefits under title XVI (Supplemental Security Income) of the Social Security Act. Prohibits the discontinuance of a child's Medicaid benefits until he or she is determined not to be eligible for such benefits on any basis. Allows States to extend Medicaid coverage to foster care children whose incomes are above State cash assistance eligibility levels but below the Federal poverty level.
United States · United States Congress · 1 February 1990
Amends the National Labor Relations Act to make it an unfair labor practice for an employer to offer or grant: (1) permanent replacement employee status during a labor dispute; or (2) any employment preference to an individual who worked or indicated a willingness to work during a labor dispute over an employee who exercised specified rights during such dispute.
United States · United States Congress · 1 February 1990
Medicaid Hospice Amendments of 1990 - Amends title XIX (Medicaid) of the Social Security Act to require States to provide Medicaid coverage of hospice care.
United States · United States Congress · 1 February 1990
Title I: Short Title - Medicaid Community and Facility Habilitation Services Amendments of 1990 - Title II: Community and Facility Habilitation Services Amendments - Part A: Community Habilitation and Supportive Services - Amends title XIX (Medicaid) of the Social Security Act to authorize States to cover community habilitation and supportive services for individuals with mental retardation or related conditions without regard to whether or not such individuals have been discharged from a nursing or habilitation facility. Defines community habilitation and supportive services as services which assist individuals in developing and maintaining the skills necessary to function successfully in a home or community-based setting. Requires that community habilitation and supportive services be provided to each client in accordance with an individual habilitation plan prepared and periodically reviewed and revised by an interdisciplinary team on the basis of a comprehensive functional assessment of a client's needs conducted before his or her receipt of services and at least annually thereafter. Requires that such services meet minimum requirements, to be developed by the Secretary of Health and Human Services, regarding client rights and service quality. Makes the requirements imposed on habilitation facilities (under this Act) regarding patient's rights and facility safety and sanitation applicable to residential settings in which community habilitation and supportive services are provided. Requires that residential settings: (1) disclose persons having an ownership or control interest in the setting; and (2) exclude a person from such interest if he or she has been excluded from the Medicaid program or had an interest in a residential setting repeatedly found to have provided substandard care. Requires a habilitation facility which converts to a residential setting to continue to provide continuous active treatment to residents who required such treatment at the time of conversion. Requires a residential setting to document a client's receipt of medical services. Excludes settings in which fewer than three unrelated adults reside from the definition of a "residential setting." Makes the: (1) Secretary responsible for certifying that State providers of community habilitation and supportive services and residential settings in which such services are provided comply with Medicaid requirements; and (2) States responsible for certifying that other providers of and residential settings for such services comply with Medicaid requirements. Requires each State to: (1) conduct periodic educational programs for the staff and clients in residential settings for community habilitation and supportive services regarding requirements imposed on such setting; and (2) provide, through the State agency responsible for the certification of such providers and residential settings, for the receipt, review, and investigation of allegations of client neglect and abuse and of misappropriation of client property by providers. Requires that such providers and settings be certified annually. Provides States with no Federal Medicaid coverage for the costs of carrying out such quality assurance activities. Authorizes States to reward providers of community habilitation and supportive services who provide the highest quality of care. Bases residential setting certification on an annual, unannounced survey. Directs the Secretary to: (1) develop a protocol for conducting surveys; and (2) conduct sample surveys of residential settings, within two months of State surveys, to test the adequacy of State surveys. Authorizes the Secretary to conduct a special survey of a setting or a review of the provider when there is reason to question its compliance with this Act. Prohibits the use of surveyors who have an interest in the provider or setting being surveyed or have not completed a training and testing program approved by the Secretary. Requires States and the Secretary to investigate complaints against providers or settings concerning violations of this Act's requirements. Requires that: (1) certain information regarding providers and settings and their compliance with this Act's requirements be made available to the public; and (2) the State agency responsible for the protection and advocacy system for the developmentally disabled and the guardians of clients be notified of a provider's or setting's noncompliance with this Act's requirements. Gives State Medicaid fraud and abuse control units access to provider or setting survey and certification information. Requires that when the Secretary or State determines that a provider's or setting's deficiencies immediately jeopardize the client's health and safety, immediate action be taken to remove the jeopardy and correct the deficiencies or the provider's or setting's participation in Medicaid be terminated. Directs the Secretary and States to apply certain other remedies where the health and safety of clients are not immediately jeopardized. Requires the imposition of civil money penalties against providers and settings which are, or are found to have been, out of compliance with any of this Act's requirements. Sets forth the Secretary's responsibilities relating to community habilitation and supportive service requirements. Eliminates the restriction of the Medicaid waiver for community habilitation services to individuals who have been discharged from a skilled nursing or intermediate care facility. Directs the Secretary to report to the Congress: (1) annually, on the extent to which providers and residential settings are complying with this Act's requirements and the number and type of enforcement actions taken by the Secretary and the States; and (2) by January 1, 1993, on the effectiveness of existing outcome-oriented instruments and methods in evaluating and assuring the quality of community habilitation and supportive services. Part B: Quality Assurance for Habilitation Facility Services - Defines a "habilitation facility" as an institution primarily engaged in providing health or habilitation services to individuals with mental retardation or related conditions and not primarily for the care and treatment of mental diseases. Sets forth requirements for habilitation facilities, including requirements that such facilities: (1) promote maintenance or enhancement of the quality of life, independence, productivity, and integration into the community of each client; (2) provide continuous active treatment which is coordinated and monitored by a qualified mental retardation professional; (3) provide such treatment in accordance with an individual program plan prepared and periodically reviewed and revised by an interdisciplinary team of professionals on the basis of an assessment of a client's developmental and behavioral management needs conducted upon the client's admission and at least annually thereafter; (4) not admit any new client with mental retardation or a related condition on or after January 1, 1992, unless the State mental retardation or developmental disability authority has determined on the basis of an evaluation performed independently of the facility that the individual requires habilitation facility services; (5) provide physician services 24 hours a day, annual physical examinations, licensed nursing services, comprehensive dental diagnostic and treatment services, routine and emergency drugs and biologicals, professional program services to implement each client's active treatment plan, and meal services; (6) require a physician's supervision of each patient's care, have a physician available to furnish emergency medical care, and maintain clinical records on all clients; (7) protect specified client rights, including the right to appeal a transfer or discharge and receive post-discharge preparation and planning services; (8) provide applicants and residents with information regarding the Medicaid program and not require applicants to waive their rights to such benefits or have a third party guarantee payment to the facility as a condition of their admission; (9) protect a client's personal funds upon the client's authorization and teach clients to manage their funds to the extent of their capabilities; (10) adopt certain measures to preserve facility safety and sanitation; and (11) meet such other conditions which the Secretary of Health and Human Services deems necessary for client health and safety. Sets forth the Secretary's responsibilities relating to habilitation facility requirements. Makes the Secretary responsible for certifying that State habilitation facilities comply, and States responsible for certifying that other habilitation facilities comply, with Medicaid habilitation facility requirements. Requires each State to: (1) conduct periodic educational programs for habilitation facility staff and clients regarding the requirements imposed on such facilities; and (2) provide, through the State agency responsible for the certification of habilitation facilities, for the receipt, review, and investigation of allegations of client neglect and abuse and of misappropriation of client property by facility staff. Bases habilitation facility certification on an annual, unannounced survey. Directs the Secretary to: (1) develop and test a protocol for conducting surveys; (2) establish minimum qualifications for surveyors and train them in survey and certification techniques; and (3) conduct sample surveys of habilitation facilities, within two months of State surveys, to test the adequacy of State surveys, and reduce Federal payments for State Medicaid administrative costs if such State surveys prove inadequate. Authorizes the Secretary to conduct a special survey of a facility when there is reason to question its compliance with this Act. Requires States and the Secretary to investigate complaints against a facility and monitor the compliance of a facility with this Act's requirements if the facility was previously found out of compliance or the State or Secretary has reason to question its compliance. Requires that: (1) certain information regarding habilitation facilities and their compliance with this Act's requirements be made available to the public; (2) the State agency responsible for the protection and advocacy system for the developmentally disabled and the guardians of facility clients be notified of a facility's noncompliance with this Act's requirements; and (3) mail survey results to the parents or legal representative of each client and make such results available to the public upon request. Gives State Medicaid fraud and abuse control units access to facility survey and certification information. Requires that when the Secretary or a State determines that a habilitation facility's deficiencies immediately jeopardize residents' health and safety, immediate action be taken to remove the jeopardy and correct the deficiencies or such facility's participation in Medicaid be terminated. Directs the Secretary and States to apply certain other remedies where the health and safety of facility residents are not immediately jeopardized. Authorizes the imposition of civil money penalties against facilities found to be in compliance with this Act's requirements but to have been out of compliance previously. Provides that if a facility is out of compliance with any of this Act's requirements three months after having been found out of compliance with such requirements or on three consecutive annual surveys, Medicaid payments for newly admitted residents shall be denied, civil monetary penalties assessed and collected, and, in the latter case, on-site monitoring of the facility's compliance shall be established. Allows States to establish a program rewarding habilitation facilities that provide the highest quality of care to Medicaid-eligible clients. Provides that when a facility is found to have deficiencies relating to the facility's physical plant that do not immediately jeopardize the health or safety of its clients, the State may submit to the Secretary a written plan for permanently reducing the number of certified beds in such facility within 36 months of such finding and providing services, including community habilitation and supportive services, to clients who thereby cease to receive facility services. Requires that Medicaid-eligible clients be given the option of retaining facility services. Requires the Secretary to report to the Congress annually on the extent to which habilitation facilities are complying with this Act's requirements and the number and type of enforcement actions taken by States and the Secretary. Part C: Appropriate Placement for Individuals with Mental Retardation or a Related Condition - Requires that State mental retardation or developmental disability authorities conduct preadmission and annual reviews of habilitation facility applicants and residents with mental retardation or related conditions to determine whether they require facility services or community habilitation and supportive services. Directs that such preadmission and annual reviews be conducted in accordance with criteria to be developed by the Secretary by July 1, 1991. Requires States to provide community habilitation and supportive services for facility clients who need such services but no longer need habilitation facility services. Requires States to establish an appeals procedure for individuals adversely affected by such preadmission and annual reviews. Eliminates existing utilization review and penalty provisions directed at the provision of services in an intermediate care facility for the mentally retarded. Part D: Payment for Community Habilitation and Supportive Services and Habilitation Facility Services - Covers the reasonable and adequate costs of community habilitation and supportive services and habilitation facility services, without distinguishing, in payment amounts, between State-operated providers and other providers. Prohibits Medicaid reimbursement of providers or facilities for civil monetary penalties imposed pursuant to this Act. Part E: Employee Protections and Miscellaneous - Provides employment protections for employees affected by habilitation facility closures or capacity reductions occurring after this Act's enactment. Authorizes States to assign specific management functions relating to the provision of Medicaid services to individuals with mental retardation or related conditions to State agencies responsible for developmentally disabled individuals.
United States · United States Congress · 31 January 1990
Waste Treatment Construction Grants Act of 1990 - Amends the Federal Water Pollution Control Act to authorize appropriations for FY 1991 through 1994 for waste treatment construction grants. Sets forth an allotment table for sums authorized for such fiscal years. Applies provisions concerning minimum allotments and additional appropriations to such fiscal years.
United States · United States Congress · 31 January 1990
Requires cost-of-living adjustments to take effect in FY 1991 for persons receiving military retired pay or an annuity under a veterans survivors' benefits program. Prohibits any reduction or suspension of such adjustments under any presidential order or any other provision of law, except applicable Federal armed forces provisions.
United States · United States Congress · 31 January 1990
Rape and Incest Victims' Choice Resolution - Expresses the sense of the House of Representatives that Federal Medicaid (title XIX of the Social Security Act) funding should be available for the abortion of pregnancies resulting from rape or incest if such acts, considering the physical and mental state of the women involved, are reported promptly.
United States · United States Congress · 30 January 1990
Attendant Allowance Adjustment Act - Revises the maximum amount the Secretary of Labor may pay for compensation for services of attendants for disabled Federal employees receiving workers' compensation to the amount paid monthly for attendant services under the applicable State Medicaid plan. Requires biennial cost-of-living adjustments in such compensation.
United States · United States Congress · 30 January 1990
Provides for all Federal civilian and military retirees to receive the full cost-of-living adjustment in annuities payable under Federal retirement systems for FY 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.)
United States · United States Congress · 30 January 1990
August F. Hawkins Early Childhood and Elementary Teacher Preparation and Retraining Act of 1990 - Title I: Loan Forgiveness for Teachers - Authorizes the Secretary of Education to assume the obligation to repay Stafford loans (direct, insured, or guaranteed student loans) for any borrower employed as a full-time teacher in a public early childhood or elementary school. Authorizes appropriations for FY 1991 through 1995. Title II: Early Childhood and Elementary Preparation and Retraining - Directs the Secretary to make grants to State education agencies to improve teacher skills and instruction in reading, writing, history, government, mathematics, and science in public elementary and early childhood schools. Authorizes appropriations for FY 1991 through 1995. Title III:: Amends the Higher Education Act of 1965 to designate part B of title III as the Augustus F. Hawkins Program for Strengthening Historically Black Colleges and Universities. Title IV: General Provisions - Sets forth definitions for terms used in this Act.
United States · United States Congress · 30 January 1990
Expresses the sense of the Congress that: (1) the current inquiries into the activities of the British West Midlands Crime Squad must be extended to cover the period of the Birmingham bombings of November 21, 1974; (2) the British Prime Minister should call upon the British Home Secretary to reopen the case of the Birmingham Six (those convicted for the bombings); (3) the convictions of such individuals should be quashed; and (4) the President should raise with the British Prime Minister concern for the basic human rights violations and miscarriage of justice arising from the continued incarceration of such individuals.
United States · United States Congress · 30 January 1990
Condemns the military Government of Haiti for its forced exile of opposition leaders, abridgement of civil and political rights, and disregard for the Haitian Constitution and international law. Urges such Government to cease censorship of the media and to extend to all people in Haiti rights guaranteed in relevant human rights accords. Calls upon the Secretary of State to: (1) make free and fair elections, a democratic transition, and respect for human rights key issues in determining U.S. relations with Haitian authorities; (2) urge such Government to guarantee the safe return of exiled opposition leaders, provide security to candidates, and assure voter safety; (3) call attention to the state of siege and ongoing human rights violations by such Government in international fora; and (4) cooperate with other governments in multilateral appeals to focus world attention on the situation in Haiti.
United States · United States Congress · 30 January 1990
Expresses the sense of the Congress that: (1) it would be inequitable for Civil Service retirees to receive smaller cost-of-living adjustments to their pensions than Social Security retirement beneficiaries; and (2) any budget adopted by the Congress should provide for full cost-of-living adjustments for all individuals receiving a Federal retirement pension or benefit.
United States · United States Congress · 29 January 1990
Energy and Environmental Security Act of 1990 - Title I: Extension and Modification of Tax Incentives for Ethanol - Amends the Internal Revenue Code to extend excise tax reductions for specified alcohol fuel mixtures for nine years. Directs the U.S. Comptroller General to study the options for reimbursing the Highway Trust Fund for the reduction in its receipts due to such reductions. Extends a tax credit for alcohol fuels to December 31, 2002. Prohibits carryovers of such credits after 2004. Extends such credits to alcohol used to produce ethyl tertiary butyl ether (ETBE). Amends the Harmonized Tariff Schedule of the United States to extend: (1) the tariff treatment for ethanol to ETBE; and (2) the effective period of the temporary duty on ethanol to December 31, 2002. Title II: Oxygenated Fuels and Aromatic Compounds - Amends the Clean Air Act to prohibit, during October to March of each year, the introduction into commerce in any carbon monoxide nonattainment area of gasoline with an oxygen content of less than 3.1 percent. Provides for the exchange of oxygen credits between sellers of fuels with an oxygen content higher than required and other sellers of fuels to offset the use of fuels with a lower content than required. Prohibits such exchanges between sellers in different nonattainment areas. Requires retailers of oxygenated fuels to label fuel dispensing systems with a notice that the fuel is oxygenated and will reduce carbon monoxide emissions. Directs the Administrator of the Environmental Protection Agency to develop environmental profiles for each of the aromatic compounds in gasoline and to take action to limit the use of such compounds in accordance with the profiles. Title III: Development and Use of Ethanol - Requires the Secretary of Energy to: (1) give funding priority to ethanol development projects that have high potential for immediate benefits; and (2) establish a program to promote the development and use of ethanol in motor fuel.
United States · United States Congress · 25 January 1990
Designates April 22 through April 28, 1990, as National Crime Victims' Rights Week.
United States · United States Congress · 25 January 1990
Urges the President to certify that Panama is fully cooperating in combating illicit drug production, trafficking, and money laundering pursuant to the Foreign Assistance Act of 1961. Declares the intention to expeditiously enact a joint resolution approving such certification and removing other prohibitions on U.S. assistance for Panama. Commends the Government of Panama for committing itself to the anti-drug effort, negotiating a bilateral narcotics agreement with the United States, and demonstrating its determination to combat drugs.
United States · United States Congress · 24 January 1990
Medicare Benefit Improvements Act of 1990 - Amends title XVIII (Medicare) of the Social Security Act to cover screening mammographies for women over age 34 at a frequency which varies on the basis of a woman's age and risk of developing breast cancer. Covers up to 80 hours of annual in-home respite care furnished to an individual who has incurred expenses equal to a specified Medicare Part B (Supplementary Medical Insurance) cost-sharing limit and, for the preceding three months, has been unable to perform at least two specified daily living activities without the assistance of an uncompensated primary caregiver with whom he or she resides. Covers nursing care and home health aide services as home health services if such services are needed less than seven days each week or are needed for up to 38 consecutive days. Amends part A (Hospital Insurance) of the Medicare program to create an extension period of hospice care for terminally ill beneficiaries which is to follow the two 90-day periods and the subsequent 30-day period of hospice care coverage currently provided in an individual's lifetime. Increases the Medicare part B premium.
United States · United States Congress · 23 January 1990
Amends the National Trails System Act to require the Secretary of the Interior to study the historical significance of the Underground Railroad, the route taken by escaping slaves during the Civil War. Requires the Secretary to designate such route the Underground Railroad Historic Trail and examine the possibility of extending it into Canada and Mexico. Authorizes appropriations.
United States · United States Congress · 23 January 1990
Authorizes the Secretary of Education to provide financial assistance to the Washington Center for Internships and Academic Seminars for construction and related costs of a student residence and classroom building in Washington, D.C. Authorizes appropriations for FY 1991 through 1993.