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Official portrait of Rep. Bates, Jim [D-CA-44]

Rep. Bates, Jim [D-CA-44]

United States · Official source

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2,178 records where Rep. Bates, Jim [D-CA-44] is listed as a sponsor, author, or other actor. Search with topics and years

Bill· HRH.R. 3979 (101st)open

Federal Employees Pay Comparability Act of 1990

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.

Bill· HRH.R. 4000 (101st)open

Civil Rights Act of 1990

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.

Bill· HRH.R. 3970 (101st)referred

Elementary School Counseling Demonstration Act

United States · United States Congress · 7 February 1990

Elementary School Counseling Demonstration Act - Authorizes appropriations for FY 1991 through 1995 for the Secretary of Education to make demonstration grants to local education agencies to establish effective and innovative elementary school counseling programs that can serve as national models. Directs the Secretary to establish an Office of School Counseling, headed by a Director, in the Department of Education.

Bill· HRH.R. 3978 (101st)referred

B-2 Production Termination Act

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.

Bill· HRH.R. 3973 (101st)referred

To provide that farm operators with adjustable gross incomes of $100,000 or more or farm entities with gross receipts of $500,000 or more shall be ineligible to receive payments under any agricultural program under the Agricultural Act of 1949.

United States · United States Congress · 7 February 1990

Makes farm operators with gross incomes or farm entities with gross receipts exceeding specified amounts ineligible for agricultural payments (except disaster assistance) under the Agricultural Act of 1949.

Bill· HRH.R. 4003 (101st)referred

To amend section 1174 of title 10, United States Code, to provide separation pay for regular enlisted members of the Armed Forces who are involuntarily discharged or released or are denied reenlistment.

United States · United States Congress · 7 February 1990

Authorizes the payment of separation pay to a regular enlisted member of an armed force who is discharged or released from such armed force (except by sentence of a court martial) if: (1) the member completed more than five but less than 20 years of active service immediately before such discharge or release; and (2) the discharge or release is involuntary or the result of denial of reenlistment. Requires members so discharged or released to receive such pay unless the Secretary of the military department concerned determines that the conditions of the release or discharge do not warrant payment of separation pay.

Bill· HRH.R. 3957 (101st)open

To amend title 35, United States Code, with respect to patents on certain processes.

United States · United States Congress · 6 February 1990

Amends Federal patent law to provide that a process of making a product shall not be considered obvious (and shall thus be patentable) if an essential material used in the process is novel and nonobvious. Amends the Tariff Act of 1930 to declare as an unlawful trade practice the importation into the United States of articles made or processed by means of a biotechnological material infringing on an enforceable U.S. patent.

Bill· HRH.R. 3964 (101st)referred

Fair Fund Raising Act of 1990

United States · United States Congress · 6 February 1990

Fair Fund Raising Act of 1990 - Amends the Federal Trade Commission Act to revise the definition of "corporation." Adds references to political parties to provisions empowering and directing (with exceptions) the Federal Trade Commission (FTC) to prevent unfair methods and unfair or deceptive acts or practices in or affecting commerce. Prohibits an organization which is exempt from Federal taxation under specified provisions of the Internal Revenue Code (a charity) from having officers or directors who are also officers, directors, or agents of a professional fund raising organization employed by the charity. Requires a charity which uses a professional fund raiser to disclose to those solicited the involvement and identity of the fund raiser. Requires a charity to follow uniform accounting principles governing the reporting of fund raising costs, including the percent of expenses used for professional fund raising. Requires the FTC to promulgate such principles. Requires each professional fund raiser to report annually to appropriate State agencies the amounts charged, and raised for, each charity. Preempts inconsistent State or local requirements, subject to waiver, if a State or local requirement affords the public at least as great a level of protection as provided by this Act.

Resolution· HCONRESH.Con.Res. 257 (101st)open

To express the sense of the Congress concerning the February 24, 1990, elections in Lithuania.

United States · United States Congress · 6 February 1990

Expresses the sense of the Congress that: (1) the right of self-determination should be restored to the people of Lithuania through free and fair elections conducted under the auspices of an international commission; and (2) the withdrawal of all non-Lithuanian military forces and political, administrative, and police personnel from Lithuania prior to the February 24, 1990, scheduled elections will enhance the prospects that the elections will be free and fair.

Resolution· HCONRESH.Con.Res. 259 (101st)referred

Harvest of Peace Resolution

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.

Bill· HRH.R. 3948 (101st)open

To prohibit the construction of facilities for the purpose of relocating functions of the Department of Defense 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

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.

Bill· HRH.R. 3943 (101st)referred

Tobacco Product Education and Health Protection Act of 1990

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.

Bill· HRH.R. 3942 (101st)referred

Smoke-Free Schools Act of 1990

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.

Bill· HRH.R. 3937 (101st)open

Social Security Protection Act of 1990

United States · United States Congress · 1 February 1990

Social Security Protection Act of 1990 - Title I: Financial Integrity of the Social Security Trust Funds - Amends the Congressional Budget and Impoundment Control Act of 1974 and the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to exclude the Federal Old Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund (OASDI trust funds) from Federal budget deficit calculations. Amends the Internal Revenue Code to suspend the 1990 increase in social security taxes. Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to require the Board of Trustees of the OASDI trust funds to include in their annual report to the Congress on the actuarial status of such funds two alternative analyses of the actuarial present values of expected future income to and disbursements from such funds over the ensuing 75 fiscal years, basing one analyses on the assumption that those who have not attained age 15 as of the valuation date will not receive wages or self-employment income thereafter. Directs the Board of Trustees to conduct a study on safely increasing the rate of return on OASDI trust fund assets in the interest of OASDI beneficiaries. Increases the amount of outside income which beneficiaries who have attained retirement age may earn without incurring a reduction in benefits. Title II: Establishment of the Social Security Administration as an Independent Agency - Amends title VII (Administration) of the Social Security Act to establish as an independent executive agency a Social Security Administration, governed by an Administrator of Social Security. Provides that it shall be the duty of the Administration to administer the OASDI and Supplemental Security Income (SSI) (title XVI of the Social Security Act) programs. Transfers to the Administration all functions carried out by the Secretary of Health and Human Services pertaining to such programs.

Bill· HRH.R. 3933 (101st)open

Medicaid Frail Elderly Community Care Amendments of 1990

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.

Bill· HRH.R. 3931 (101st)open

Medicaid Infant Mortality Amendments of 1990

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.

Bill· HRH.R. 3932 (101st)open

Medicaid Child Health Amendments of 1990

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.

Bill· HRH.R. 3936 (101st)open

To amend the National Labor Relations Act to prevent discrimination based on participation in labor disputes.

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.

Bill· HRH.R. 3935 (101st)referred

Medicaid Hospice Amendments of 1990

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.

Bill· HRH.R. 3934 (101st)referred

Medicaid Community and Facility Habilitation Services Amendments of 1990

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.

Bill· HRH.R. 3929 (101st)open

Budget Process Reform Act of 1990

United States · United States Congress · 31 January 1990

Budget Process Reform Act of 1990 - Title I: Repeal of Part C of the Balanced Budget and Emergency Deficit Control Act of 1985 and Amendments Relating to the President's Budget - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to repeal provisions concerning: (1) emergency powers to eliminate deficits in excess of maximum deficit amounts, including sequestration; and (2) prohibitions against the Presidents budget exceeding the maximum deficit amount. Title II: Permanent Amendments to the Congressional Budget and Impoundment Control Act of 1974 - Amends the Congressional Budget and Impoundment Control Act of 1974 to revise the congressional budget process, including the budget timetable. Removes prohibitions against exceeding the maximum deficit amount through the concurrent resolution on the budget. Excludes from budget totals: (1) government-sponsored enterprises; and (2) changes in the level of new budget authority, new spending requirements, outlays, or revenues resulting from new timing shifts. Provides for credit and deposit insurance accounting. Amends the Congressional Budget Act of 1974 to revise provisions regarding fiscal procedures and to add procedures governing contract or borrowing authority, direct loan obligations or loan guarantee commitments, and offsetting collections. Requires the Congressional Budget Office to use revenue estimates prepared by the Joint Committee on Taxation, if timely received for purposes of providing information on legislation affecting income, payroll, excise, estate or gift taxes. Requires the Congressional Budget Office to include in its report to the Budget Committees five-year projections of fiscal spending, revenues, and tax expenditures. Title III: Debt Legislation - Requires conference reports on concurrent resolutions on the budget to be considered first in the House of Representatives. Title IV: Pay-As-You-Go - Pay-As-You-Go Act of 1990 - Provides for calculating the baseline (a projection of base-year levels of new budget authority, outlays, revenues, and the surplus or deficit into the budget year and the outyears based on laws enacted before the beginning of the budget year), the budget base during the deficit reduction period, and the budget base during the budget neutrality period. Establishes the budget year deficit requirement for FY 1991, 1992, and 1993. Sets forth multiyear requirements for the deficit reduction period. Requires the Congress to use baseline and budget base estimates prepared by the Congressional Budget Office. Requires the President's budget to meet deficit requirements set forth under this Act. Title V: Conforming Amendments - Makes amendments to Federal law, the Standing Rules of the Senate, and the Rules of the House of Representatives to conform to provisions of this Act.

Bill· HRH.R. 3922 (101st)referred

To guarantee cost-of-living adjustments in fiscal year 1991 for persons receiving retired pay or an annuity under military retirement and survivor benefit programs.

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.

Resolution· HRESH.Res. 314 (101st)referred

Rape and Incest Victims' Choice Resolution

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.

Bill· HRH.R. 3914 (101st)open

To provide for cost-of-living adjustments in 1991 under certain Government retirement programs.

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.)

Resolution· HCONRESH.Con.Res. 249 (101st)referred

Expressing the grave concern of the Congress regarding human rights violations resulting from a gross miscarriage of justice in Great Britain.

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.

Resolution· HCONRESH.Con.Res. 252 (101st)referred

Expressing the policy of the Congress regarding proposals to reduce the cost-of-living adjustment for Civil Service retirees.

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.

Bill· HRH.R. 3880 (101st)open

Medicare Benefit Improvements Act of 1990

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.

Resolution· HCONRESH.Con.Res. 246 (101st)referred

Congressional Commitment to Long-Term Care Concurrent Resolution

United States · United States Congress · 24 January 1990

Congressional Commitment to Long-Term Care Concurrent Resolution - Expresses the sense of the Congress that payments to long-term care providers under titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act be sufficient to maintain the highest quality of patient care in nursing homes.

Bill· HRH.R. 3849 (101st)open

Government Printing Office Improvement Act of 1990

United States · United States Congress · 23 January 1990

Government Printing Office Improvement Act of 1990 - Prohibits the obligation or expenditure of appropriated funds by any executive branch entity to: (1) establish any in-plant printing facility unless such facility has been specifically authorized by law; or (2) procure any printing or other information products and services related to the production of Government publications (including forms) from commercial sources unless such procurement is by or through the Government Printing Office (GPO). Requires printing and other information products and services authorized by law, which the Public Printer is not able or equipped to do at GPO, to be produced elsewhere under contracts made by the Public Printer with the approval of the Joint Committee on Printing. Requires the Superintendent of Documents to include data on information services in the comprehensive index of public documents. Authorizes the Superintendent to allow depository libraries access to information services subject to agreement between the Superintendent and the Government component issuing the service on the terms and conditions of access, including cost sharing arrangements.

Bill· HRH.R. 3869 (101st)referred

To provide that no interest shal be imposed on any underpayment of tax resulting from the retroactive application of the amendment denying the deduction for personal exemptions under the alternative minimum tax.

United States · United States Congress · 23 January 1990

Provides that no interest shall be imposed on any underpayment of tax for a taxable year beginning in 1987 that is attributable to an amendment made by the Technical and Miscellaneous Revenue Act of 1988 denying the deduction for personal exemptions under the alternative minimum tax.

Bill· HRH.R. 3848 (101st)open

Depository Institution Money Laundering Amendments of 1990

United States · United States Congress · 23 January 1990

Depository Institution Money Laundering Amendments of 1990 - Amends the Federal Deposit Insurance Act, the Federal Credit Union Act, and other Federal law to: (1) revoke the national charter and attendant privileges of depository institutions convicted of money laundering or cash transaction reporting offenses; and (2) terminate the insured status of any State depository institution or credit union convicted of such offenses.

Bill· HRH.R. 3847 (101st)referred

Department of Environmental Protection Act

United States · United States Congress · 23 January 1990

Department of Environmental Protection Act - Title I: Establishment of Department of Environmental Protection - Redesignates the Environmental Protection Agency as the Department of Environmental Protection, an executive department to be administered by a Secretary of Environmental Protection. Establishes within the Department: (1) an Office of International Environmental Affairs; (2) an Office of Enforcement; and (3) a Center for Environmental Statistics (Center). Encourages the Secretary to assist the Secretary of State in negotiating and administering international environmental protection agreements and participating in the work of international environmental protection organizations. Encourages the Secretary to continue the Department's role in conducting international environmental research and providing technical assistance to other nations to improve environmental quality. Requires the Secretary to establish an Advisory Committee on Environmental Statistics to advise the Center and the Congress on the collection and dissemination of statistical data. Directs the Secretary to maintain a comprehensive guide to the Department's environmental and public health information services. Requires the Secretary to establish an Advisory Committee on Public Access to provide recommendations on improving public access to departmental information. Directs the Secretary to: (1) study the use of computer telecommunications and other means to provide for access to such information; and (2) permit the reduction or waiver of user fees for such access. Title II: Commission on Environmental Administration - Establishes the Commission on Environmental Administration to analyze and make recommendations on specified reorganization and management issues in the Department. Authorizes appropriations.

Bill· HRH.R. 3852 (101st)referred

Electric Vehicle Technology Development and Demonstration Act of 1990

United States · United States Congress · 23 January 1990

Electric Vehicle Technology Development and Demonstration Act of 1990 - Requires the Administrator of the Environmental Protection Agency to identify nonattainment areas (affected by conventionally fueled internal combustion engine vehicles) which are eligible to participate in this Act's program. Directs the Secretary of Energy to select manufacturers to receive reimbursement payments for the development, demonstration, manufacture, and sale of electric vehicles in nonattainment areas. Authorizes appropriations.

Bill· HRH.R. 3819 (101st)open

Medical Rehabilitation Research Act of 1989

United States · United States Congress · 21 November 1989

Medical Rehabilitation Research Act of 1989 - Amends the Public Health Service Act to establish the National Center for Medical Rehabilitation Research (Center) to conduct research and research training, the dissemination of information, and other programs with respect to the rehabilitation of individuals with physical disabilities resulting from diseases or disorders of the neurological, musculoskeletal, cardiovascular, pulmonary, or other physiologic systems (medical rehabilitation). Requires the development of a comprehensive plan for the conduct and support of medical rehabilitation research. Requires the Director to establish the Medical Rehabilitation Coordinating Committee to make recommendations with regard to the plan. Requires establishment of a National Advisory Board on Medical Rehabilitation Research to assist and make recommendations on the plan. Requires coordination among Federal agencies to prevent duplicative programs in medical rehabilitation research.

Bill· HRH.R. 3805 (101st)open

Unsolicited Sexually Oriented Advertisements Prevention Act

United States · United States Congress · 21 November 1989

Unsolicited Sexually Oriented Advertisements Prevention Act - Establishes a civil penalty for mailing sexually oriented advertisements to individuals included on the Postal Service's list of persons who have indicated a desire not to receive any such mailings. Eliminates the charge for being on such list.

Law· HRH.R. 3802 (101st)enacted

Designating the month of May as "Asian/Pacific American Heritage Month".

United States · United States Congress · 21 November 1989

Amends Federal law to authorize and request the President to designate May as Asian/Pacific American Heritage Month annually, beginning in 1990. (Current law designates a seven-day period beginning on May 4, 1979).

Bill· HRH.R. 3831 (101st)open

Federal Fire Service Pay Schedule Act of 1989

United States · United States Congress · 21 November 1989

Federal Fire Service Pay Schedule Act of 1989 - Establishes a pay schedule for Federal fire service personnel. Excludes employees of the District of Columbia from such schedule. Provides for periodic and additional step increases, minimum hours of work, the computation of overtime, educational incentive service step increases, retirement, pay comparability, and additional compensation for technicians.