United States · United States Congress · 5 March 1990
Urges the President and the United States Trade Representative: (1) not to include civil air transport services under the General Agreement on Trade in Services that is being negotiated under the General Agreement on Tariffs and Trade; nor (2) to require future negotiations to include such services under such Agreement.
United States · United States Congress · 1 March 1990
Human Services Reauthorization Act of 1990 - Extends authorized appropriations from FY 1991 through 1994 to carry out programs under the following Acts: (1) the Head Start Act; (2) the Follow Through Act; (3) the State Dependent Care Development Grants Act; (4) the Community Services Block Grant Act; (5) the Child Development Associate Scholarship Assistance Act; and (6) the Low-Income Home Energy Assistance Act of 1981. Amends the Human Services Reauthorization Act of 1986 to extend authorized appropriations from FY 1991 through 1994 to carry out the grant program relating to demonstration partnership agreements addressing the needs of the poor.
United States · United States Congress · 1 March 1990
Office of Inspector General Law Enforcement Act of 1990 - Amends the Inspector General Act of 1978 to grant criminal investigators of the Offices of Inspector General who perform any duty of a law enforcement officer the authority to: (1) obtain and execute search and arrest warrants and serve subpoenas and summonses; (2) make felony arrests and arrests without warrant for offenses against the United States committed in their presence; and (3) carry and use firearms.
United States · United States Congress · 1 March 1990
Expresses the sense of the Congress that: (1) the 25th anniversary of the enactment of the Older Americans Act of 1965 and its successful implementation should be recognized; (2) contributions at all levels of the aging network should be acknowledged and commended; and (3) support for the Act and its primary goal should be reaffirmed.
United States · United States Congress · 28 February 1990
Global Elementary Education Act of 1990 - Authorizes the Secretary of Education (the Secretary) to make matching grants to States, through their State educational agencies, for foreign language institutes for professional development and retraining of elementary and secondary school teachers for elementary school teaching of foreign languages and cultures, geography, and international studies. Requires such institutes to allow teachers from other fields to retrain as foreign language teachers. Authorizes appropriations. Authorizes the Secretary to make grants to institutions of higher education to develop innovative and model program in preservice elementary teacher education in the areas of foreign language and culture, geography, and international studies. Authorizes appropriations. Authorizes the Secretary to make competitive grants to State and local educational agencies, institutions of higher education, nonprofit international exchange organizations, nonprofit educational associations, or consortia thereof, for reciprocal elementary teacher exchange programs. Requires that preference be given to nontraditional language study sites and to programs providing exchanges for teachers who have never been abroad. Authorizes appropriations. Directs the Secretary to assign to the Office of Elementary and Secondary Education responsibility for: (1) coordinating development and dissemination of foreign language and culture instructional material; and (2) expanding use of technology in teaching foreign languages and culture in elementary school. Authorizes appropriations. Directs the Secretary to prescribe regulations under this Act.
United States · United States Congress · 28 February 1990
Tire Recycling Incentives Act of 1990 - Amends the Solid Waste Disposal Act to require tire producers or importers to recycle an amount of scrap tires equal to at least the amount determined by multiplying the amount of tires produced or imported that year by the recycling percentage established by the Administrator of the Environmental Protection Agency. Authorizes compliance by: (1) recycling scrap tires through reintroducing the reclaimed rubber into a manufacturing process to produce new tires or retread old tire casings; or (2) purchasing recycling credits under this Act. Requires such individuals to report annually to the Administrator on the amount of tires produced or imported. Directs the Administrator to establish a recycling percentage that is five percentage points higher than the existing recycling rate for tires. Provides for increases in such percentage of five points annually in the ten years following the date of enactment of this Act. Requires the Administrator to promulgate regulations allowing recyclers to create credits for tire recycling and tire producers or importers to purchase such credits. Sets forth: (1) specified recordkeeping requirements for owners or operators of tire sale and installation facilities and tire producers and importers; and (2) the amount of credits allowed for scrap tires. Directs the Attorney General to determine the effects of the credit system on competition within the tire and scrap tire recycling industries and to report annually to the Congress. Sets the recycling percentage at 60 percent if the Administrator fails to promulgate regulations. Directs the Administrator to: (1) publish in the Federal Register minimum requirements for State scrap tire management and procedures under which such requirements shall be incorporated into State solid waste management plans; (2) provide for expedited review of State plans which include specified scrap tire recycling measures; and (3) establish standards to minimize health and environmental damages from the improper disposal and storage of tires. Requires such standards to provide for: (1) bans on the disposal of tires in land disposal facilities; (2) State inventories of scrap tire collection facilities, tire advisory boards, and scrap tire abatement plans; (3) agreements between facilities which distribute more than 1,000 tires annually and licensed tire haulers for the exclusive hauling of scrap tires by licensed haulers; and (4) prohibitions on the transportation of scrap tires by transporters without transportation identification numbers, with specified exceptions. Directs the Administrator to publish guidelines for States for the issuance of permits to scrap tire storage, processing, transfer, and recycling facilities. Provides for: (1) limits on the size of scrap tire piles at such facilities; (2) bans on open burning within 50 feet of a scrap tire pile; (3) regulations on vegetation, rodent, and mosquito control at such facilities; and (4) different requirements for collection and storage facilities located in 100-year flood plains or other areas where water resources are critical. Requires the Administrator to promulgate guidelines for States for facility emergency plans. Directs facility owners or operators to maintain and update emergency preparedness manuals. Requires facility operators to notify the State immediately in the event of an emergency with potential offsite impacts. Sets forth specified emergency and operational recordkeeping, reporting, and inspection requirements. Requires all regulated facilities to have appropriate financial responsibility or insurance to maintain the facility for at least five years after closure. Exempts specified persons from permitting requirements. Requires the Secretary of the Interior, together with the heads of agencies responsible for public lands or military installations, to implement a plan to remediate tire piles. Applies plan requirements to the National Railroad Passenger Corporation. Directs the Administrator to develop a guideline for procuring goods that make use of scrap or used tires. Permits States to: (1) enter into consent orders with owners and operators of scrap tire collection facilities for proper management and abatement of scrap tires; and (2) levy fines on facilities for noncompliance. Imposes fines on tire facilities and landfills for specified violations of this Act. Authorizes appropriations.
United States · United States Congress · 27 February 1990
Repeals the provision of the Revenue Reconciliation Act of 1989 which requires the withholding of income tax from wages paid for agricultural labor. Requires the Internal Revenue Code to be applied as though such provision had not been enacted.
United States · United States Congress · 27 February 1990
Mickey Leland Memorial Domestic Hunger Relief Act - Title I: Reducing Childhood Hunger - Amends the Food Stamp Act of 1977 to revise and increase the excess shelter expense deduction for each fiscal year from FY 1991 through FY 1993. Requires the Secretary of Agriculture to adjust the basic benefit level upwards by specified increments at the beginning of each fiscal year from FY 1991 through FY 1995 until it reaches 105 percent of the cost of the thrifty food plan. Directs the Secretary by regulation to provide for emergency allotments to eligible households to replace food lost in a disaster. Excludes from the computation of household income any State allowance (provided at least annually) for obtaining school clothes for children in school or child care. Provides for allotment increases to cover State or local sales taxes for participants in demonstration projects. Requires alternative systems for delivery or use of food stamp benefits to meet standards issued by the Secretary and, where household participation is not optional, to involve retail food stores serving minority populations, but only if necessary special equipment is operational at all registers. Provides food stamp coverage for prepared meals for homeless households. Permits State agencies to develop standard estimates of the shelter and related expenses which homeless households may reasonably be expected to incur in order to certify such households based on reported expenses not exceeding such an estimate. Title II: Promoting Self-Sufficiency - Excludes the first $50 a month received as child support from consideration as income in determining the food stamp allotments of households also receiving Aid to Families with Dependent Children (AFDC) benefits. Increases from $4,500 to $5,500 from January 1 through September 30, 1991, with annual cost-of-living adjustments to follow, the limit on the fair market value of vehicles that food stamp recipients may own. Directs the Secretary to conduct a sufficient number of demonstration projects to evaluate the effects of excluding from such vehicle calculation the value of: (1) any licensed vehicle used for certain income-producing, transportation, or shelter purposes; and (2) one licensed vehicle used for job-related or job-seeking purposes (including commuting), for pursuing education or training, or for securing food or food stamp benefits. Allows States to use their own agency-designed forms instead of forms approved by the Secretary. Directs State agencies to allow a household to select an adult parent of children in the household as its head where all adult household members agree to do so. Allows four States to give priority in the provision of services to voluntary participants (including both exempt and nonexempt), so long as performance standards are maintained. Authorizes an employment and training program to contain programs designed to increase the self-sufficiency of recipients through self-employment. Excludes from the computation of household financial resources any nonliquid resources necessary to allow the household to carry out an approved plan for self-sufficiency. Increases from $25 to $75 the limit for reimbursements to recipients for costs incurred in employment and training activities. Permits otherwise eligible persons who attend an institution of higher learning to receive food stamp benefits if he or she: (1) attends the institution as part of an employment and training program; or (2) is over 50, registered for employment, and subject to employment or training requirements. Revises the exclusion of educational expenses from the computation of household incomes. Excludes from the computation of household incomes housing assistance payments made to a third party on behalf of a household residing in transitional housing for the homeless. Title III: Simplifying Program Administration - Requires parents and children (regardless of age) who live together to apply for food stamps as a single household. Directs the Secretary to conduct five demonstration projects, in both rural and urban areas, under which households in which each member receives AFDC benefits shall receive monthly food stamp allotments following AFDC rules and procedures, without regard to the eligibility, benefit, and administrative rules of the food stamp program. Requires the Secretary to issue rules under which State agencies must develop standards for identifying (for exclusion as inaccessible resources) those kinds of resources the household is unlikely to sell for any significant return because its interest is so slight or the cost of selling would be so great. Provides that a food stamp office need not consider any resources that the AFDC or supplemental security income benefit programs have already determined to be exempt. Directs State agencies to require only one adult representative of a household to sign all declarations required in the application process on behalf of the household. Makes recipients of State or local general assistance programs categorically eligible for food stamps. Reduces from 30 to ten days the deadline for households convicted of food stamp fraud to decide how to repay their over issuances. Establishes a Commission on the Coordination of Family Support and Food Stamp Policies to report to the President and the Congress on AFDC and food stamp program policies, recommending how to eliminate barriers to participation in both programs. Authorizes appropriations. Title IV: Hunger in Rural America - Requires State agencies to designate rural project areas where low-income persons face substantial difficulties in getting transportation. Requires issuance of coupons by mail in such areas, except where households experience mail losses exceeding certain levels. Allows States to assist households with the food stamp application process. Directs the Secretary to exclude from financial resources the value of a vehicle a household depends upon to carry heating fuel or water for home use where it has no other access to fuel or water. Title V: Promoting Access for the Elderly and Disabled - Declares that State agencies, with respect to the excess medical deduction for the elderly and the disabled, shall not require further verification of a change in medical expenses if the change has been anticipated for the verification period. Requires annual adjustments to the value of the minimum food stamp benefit. Permits State agencies to establish a procedure allowing households whose regular food stamp benefits do not exceed $20 per month to receive up to $60 worth for intervals of up to three months. Requires that any applicant for or recipient of supplemental security income benefits be informed of the availability of food stamp benefits. Title VI: Program Administration by State Agencies - Prohibits the application of disallowances for erroneous issuances or similar actions to any State for a fiscal year before FY 1991. Directs the Secretary, by specified deadlines, to develop standards for initial approval of automated data processing and information retrieval systems for State agencies, as well as written procedures and standards for initial and continued approval reviews. Sets alternative deadlines for full operation of such systems, the later being September 30, 1993. Provides for waivers of ADC system requirements where their application would not significantly improve the efficiency of a State agency's administration. Title VII: Reauthorization of Programs - Reauthorizes through FY 1995: (1) the food stamp program; (2) the nutrition assistance program for Puerto Rico; (3) the temporary emergency food assistance program under the Temporary Emergency Food Assistance Act of 1983; (4) the soup kitchen and food bank programs under the Hunger Prevention Act of 1988; (5) the commodity distribution and supplemental food programs under the Agriculture and Consumer Protection Act of 1973; (6) the distribution of surplus commodities to special nutrition projects under the Agriculture and Food Act of 1981; and (7) the nutrition education program under the Food Security Act of 1985. Title VIII - Amends the Commodity Distribution Reform Act and WIC Amendments of 1987 to require biennial reports to the Congress on food bank projects. Amends the Agriculture and Consumer Protection Act of 1973 to establish a Commodity Supplemental Food Program for the Elderly. Amends the Hunger Prevention Act of 1988 to set forth the National Gleaning Clearinghouse Act of 1990. Establishes a National Gleaning Clearinghouse to share information on available, unused food that could be distributed through the emergency feeding network. Title IX: Effective Dates - Sets forth the effective dates of provisions of this Act.
United States · United States Congress · 22 February 1990
Amends the Labor Management Relations Act of 1947 to permit parties engaged in collective bargaining to bargain over the establishment and administration of trust funds providing financial assistance for employee housing.
United States · United States Congress · 22 February 1990
Medicaid AIDS and HIV Amendments of 1990 - Amends title XIX (Medicaid) of the Social Security Act to allow each State to provide Medicaid coverage of HIV-related services for individuals who have the HIV virus and an abnormally low immune function for which medical intervention is indicated and whose income and resources do not exceed the maximum amounts allowed under the State Medicaid program for disabled individuals. Allows States to provide Medicaid home and community-based services to children who have acquired immune deficiency syndrome (AIDS). Applies the same income and resource eligibility standards as would apply if such children were hospitalized. Requires States to increase payments for inpatient hospital services delivered to Medicare (title XVIII of the Social Security Act) beneficiaries with AIDS by hospitals serving high volumes of AIDS victims. Permits States to provide Medicaid coverage of the premiums charged individuals who are eligible for continued employer group health plan coverage after their loss of employment if such individuals also have the HIV virus and an income at or below the Federal poverty level.
United States · United States Congress · 22 February 1990
Benjamin Franklin Memorial Fire Service Bill of Rights Act - Title I: Minting of Benjamin Franklin National Memorial Commemorative Coin - Benjamin Franklin National Memorial Commemorative Coin Act - Provides for the sale of Benjamin Franklin commemorative coins at a surcharge of which 25 percent shall be paid to the Benjamin Franklin National Memorial and the remainder be distributed in specified percentages to the National Fire Center and Museum Account, the National Hero Scholarship Account, the Firefighter Tuition Assistance Account, the Hazardous Materials Response Computer Account, the Research and Education Account, and the Burn Research Grant Account of the Firefighter Assistance Trust Fund (Fund). Prohibits the issuance of such coins from resulting in any net cost to the Federal government. Title II: Fire Service Bill of Rights - Fire Service Bill of Rights Act - Amends the Federal Fire Prevention and Control Act of 1974 to establish a fire service bill of rights. Establishes the National Fire Center and Museum in the District of Columbia to provide information about the fire service and safety to the public and fire services. Establishes a National Hero Scholarship to fund the higher education of a child, spouse, or dependent parent of a deceased firefighter. Establishes a scholarship providing tuition assistance to firefighters for higher education in fire safety or protection. Authorizes the Administrator of the United States Fire Administration to use amounts in the Research and Education Account of the Fund to fund other specified programs under the Fire Prevention and Control Act of 1974 and the provision of information concerning surplus Federal property and infectious diseases pursuant to this Act. Establishes the Firefighter Assistance Trust Fund. Places the National Academy for Fire Prevention and Control within the United States Fire Administration. Directs the Administrator to provide States with funds from the Hazardous Materials Response Computer Account of the fund for distribution to local fire services that wish to purchase computer equipment. Directs the Administrator to make a grant from the Burn Research Grant Account of the Fund to one national firefighter's burn foundation dedicated to reducing burn injuries. Requires the Administrator to prepare and make available to fire services, upon request, a manual describing Federal procedures for disposing of surplus property and highlighting how fire services could obtain such property. Directs the Administrator to distribute to such marshals information on the infectious diseases to which firefighters are particularly vulnerable. Permits the Administrator, in certain circumstances, to award to a domestic firm a contract that, under the use of competitive procedures, would be awarded to a foreign firm.
United States · United States Congress · 22 February 1990
Adolescent Nutritional Equity Act - Amends the National School Lunch Act to restore eligibility for food supplement benefits under the dependent care food program to adolescent youth 18 years of age or under. Makes children with disabilities eligible for such benefits at any age.
United States · United States Congress · 22 February 1990
Nursing Home Access to Respiratory Therapy Act of 1990 - Amends title XVIII (Medicare) of the Social Security Act to include respiratory therapy within covered extended care services.
United States · United States Congress · 22 February 1990
Expresses the sense of the Congress that the President should establish a White House conference regarding solid waste disposal and reduction so that a national solid waste management program can be implemented.
United States · United States Congress · 21 February 1990
Depositor Protection and Fraud Act of 1990 - Amends the Federal Deposit Insurance Act to prohibit an insured depository institution from marketing any stocks or bonds in its affiliates in any office space which is commonly accessible to the general public for the purpose of accepting deposits. Grants a Federal banking agency regulatory authority either to prohibit such sales or to impose conditions upon them if the agency determines that any stock or bond of the institution is likely to be confused by the general public with an insured deposit.
United States · United States Congress · 21 February 1990
Sugar Equity and Reform Act of 1990 - Title I: Sugar Price Support Program - Amends the Agricultural Act of 1949 to direct the Secretary of Agriculture to support the price of each of the 1991 through 1995 crops of domestically grown sugarcane through six-month nonrecourse loans, with the loan rate for raw cane sugar at 95 percent of the rate announced for the preceding crop year. Requires the loan rate for sugar beets to be fair and reasonable in relation to the rate for sugarcane. Title II: Regulation of Sugar Imports - Prescribes policy for the regulation of sugar imports, including quotas and lowest tariff rates. Directs the Secretary to announce a market stabilization price and a threshold price for raw sugar no later than 30 days before the beginning of the October 1, 1991, sugar marketing year. Requires the President to maintain the market price for raw sugar at or near the market stabilization price through imposition of tariff rate import quotas on various sugar products. Amends the Food Security Act of 1985 to repeal the mandate to operate the sugar program at no cost to the Government by preventing the accumulation of sugar acquired by the Commodity Credit Corporation through sugar loan forfeitures. Repeals the requirement that a sugar exporting country verify that it does not import Cuban sugar for reexport to the United States.
United States · United States Congress · 21 February 1990
Directs the Secretary of Defense to terminate the MX Rail Garrison program. Prohibits the obligation or expenditure of funds appropriated after the enactment of this Act for such program.
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 · 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
Environmental Protection Act of 1990 - Directs the Administrator of the Environmental Protection Agency (EPA) to increase the number of criminal investigators in the EPA Office of Criminal Investigations in the five fiscal years following the enactment of this Act. Requires the Administrator to hire 50 civil investigators to assist the Office of Enforcement and Compliance Monitoring in developing and prosecuting civil and administrative actions. Directs the Administrator to establish within the Office of Enforcement and Compliance Monitoring the National Enforcement Training Institute to train lawyers, inspectors, investigators, and technical experts in environmental law enforcement. Establishes the Environmental Laws Enforcement Fund to carry out this Act. Authorizes appropriations.
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
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 · 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.
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
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
Independent Immigrant Act of 1990 - Makes additional immigrant visas available for FY 1991 through 1995 for nationals of foreign states that have traditionally denied freedom of emigration. Provides for admissions on a point assessment system based on: (1) age; (2) education; (3) occupational demand; (4) occupational training and work experience; (5) prearranged U.S. employment; and (6) membership in a persecuted religious group.
United States · United States Congress · 31 January 1990
Home Repairs for Older and Disabled Homeowners Act of 1989 - Directs the Secretary of Housing and Urban Development to make grants to locally based nonprofit organizations, local governments, and Indian tribes to provide home repair services for low-income older homeowners and disabled homeowners. Authorizes appropriations. Limits grants to two-year terms. Requires the Secretary to develop and distribute a program manual.
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 · 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
Urges the President to seek the consent of the Senate to the ratification of the Convention on the Rights of the Child, adopted by the United Nations on November 20, 1989.
![Official portrait of Rep. Dwyer, Bernard J. [D-NJ-6]](https://www.congress.gov/img/member/d000586_200.jpg)