United States · United States Congress · 3 August 1990
Savings and Loan Fair Financing and Antifraud Enforcement Act of 1990 - Title I: Fair Financing - Subtitle A: Direct Funding of Thrift Resolutions - Amends the Internal Revenue Code to impose a surtax on: (1) taxpayers (other than corporations) with adjusted gross incomes of over $100,000; and (2) corporations whose adjusted tax exceeds $13,750. Prescribes formulas for calculation of the surtax. Declares the surtax period to begin on January 1, 1990, and end on December 31, 1995, unless the President determines that an extension is necessary to provide sufficient financing for the Resolution Trust Corporation to continue funding savings and loan resolution costs. Provides, with respect to the gain or loss on disposition of property, for determining the carryover basis for property acquired from a decedent dying during the surtax period. Permits the limited recognition of gain when the executor of an estate uses certain appreciated carryover basis property to satisfy the right of a person to receive a pecuniary bequest. Requires estate executors to: (1) file information returns in connection with carryover basis property; and (2) provide written notice to recipients of such property. Prescribes penalties for failure to report. Establishes the Savings and Loan Resolution Trust Fund and appropriates to such Fund the surtaxes received by the Treasury by reason of this title. Makes amounts in such Fund available to the Resolution Trust Corporation for thrift resolution financing. Subtitle B: Working Capital and Funding Mechanisms - Amends the Federal Home Loan Bank Act to limit specified financial activities of the Resolution Trust Corporation (RTC) to the authorities granted by the Federal Deposit Insurance and the Federal Home Loan Bank Act. Empowers the RTC to borrow working capital from the Secretary of the Treasury according to prescribed guidelines. Establishes in the RTC the Thrift Resolution Account. Mandates that each Federal home loan bank make prescribed payments to provide funding for the RTC. Directs the RTC to assess against each Savings Association Insurance Fund member assessments in the same manner as those assessed against such members by the FDIC. Prescribes guidelines for payments (out of such assessments) by the RTC for interest and principal due on obligations incurred by the Financing Corporation and the Resolution Funding Corporation before enactment of this Act. Declares the RTC the successor to all liabilities of the Financing Corporation and the Resolution Funding Corporation. Transfers all remaining functions of such agencies to the RTC. Abolishes the Financing Corporation and the Resolution Funding Corporation. Title II: Full Enforcement - Amends Federal criminal law to authorize injunctive relief for prejudgment attachment of assets in civil Racketeer-Influenced and Corrupt Organization (RICO) cases with respect to specified banking crimes. Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to authorize injunctive relief in any action brought by the FDIC, the RTC, or the National Credit Union Administration in their receivership, conservatorship, or corporate capacities with respect to fraudulent activities involving a financial institution. Authorizes civil actions by private persons with respect to fraudulent activities involving a financial institution. Authorizes appropriations.
United States · United States Congress · 3 August 1990
Coach and Athlete's Bill of Rights - Declares that no coach or player for a team associated with the National Collegiate Athletic Association (NCAA) shall be suspended from the team or reprimanded for actions with respect to the team without access to procedural and substantive due process rules. States that no institution of higher education shall be suspended or prohibited from participating in intercollegiate athletics by the NCAA without access to due process rules. Directs the NCAA to adopt rules for procedural and substantive due process of law for individuals and institutions suspended or prohibited from intercollegiate athletics by such Association.
United States · United States Congress · 3 August 1990
Provides that former air traffic controllers shall not, as a class, be considered unsuitable or ineligible for: (1) positions as air traffic controllers in the Federal Aviation Administration (FAA) or the Department of Defense; or (2) positions in the FAA other than air traffic controller positions. Requires the Secretary of Transportation and the Director of the Office of Personnel Management to take action to ensure that in each of FY 1991 and 1992, at least 500 former controllers are appointed to permanent, full-time positions as air traffic controllers in the FAA. Provides for a waiver of the maximum-age limitation applicable to such appointments. Prescribes procedural guidelines for competitive and non-competitive appointments of such controllers. Precludes an applicant's role in the 1981 strike from being considered when making a determination of suitability for an air traffic controller position. Requires the Secretary of Transportation and the Secretary of Defense to prescribe regulations under which the appointment of a former controller to an air traffic controller position within their respective departments shall not become final unless a probationary period has been successfully completed. Sets forth guidelines for the computation of creditability of service for retirement purposes. Expresses the sense of the Congress that such reinstatements should not: (1) cause the separation or reduction in grade of any other air traffic controller; or (2) interfere with training opportunities which would otherwise be afforded to air traffic controllers seeking to become fully qualified.
United States · United States Congress · 30 July 1990
Banking Law Enforcement Act of 1990 - Title I: Enhanced Criminal Penalties - Amends Federal criminal law to establish criminal penalties (including imprisonment) for the concealment of assets from the Federal Deposit Insurance Corporation (FDIC) (acting as conservator or receiver), the Resolution Trust Corporation (RTC), or the National Credit Union Administration (NCUA) Board (acting as conservator or liquidating agent). Amends the Federal Deposit Insurance Act and the Federal Credit Union Insurance Act to prohibit certain felons convicted of dishonesty or breach of trust from controlling or participating in the affairs of a depository institution for a minimum ten-year period. Amends Federal criminal law to establish criminal penalties (including imprisonment) for obstructing any examination of a financial institution. Increases from 20 years to 30 years the maximum prison term for bank fraud and embezzlement. Establishes a ten-year statute of limitations for the prosecution of racketeering offenses involving financial institutions. Extends money laundering prohibitions to include funds from specified bank crimes. Directs the U.S. Sentencing Commission to promulgate guidelines for increased penalties for certain bank crime convictions in which the defendant derived more than $1,000,000 in gross receipts from the offense. Provides for restoration of forfeited property and for restitution to bank crime victims. Sets forth maximum criminal fines and minimum imprisonment terms for certain continuing financial crime enterprises (i.e., certain violations committed by at least four persons acting in concert). Title II: Protecting Assets from Wrongful Disposition - Authorizes the Attorney General to obtain a court order enjoining or restraining the alienation or disposition of property obtained as a result of a banking law violation. Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to set forth attachment procedures. Amends Federal bankruptcy law to provide that the trustee shall be deemed to have assumed a debtor's commitment to a Federal depository institution regulatory agency to maintain the capital of an insured depository institution (thus precluding the trustee from rejecting such commitment as an executory contract which can be avoided as a discharge in bankruptcy). Exempts a Federal depository institution regulatory agency acting as conservator for an insured depository institution from the requirement of proving reasonable reliance upon a false writing supplied by a debtor who is an institution-affiliated party. Prohibits a discharge in bankruptcy for debts resulting from the debtor's failure to fulfill a commitment to a Federal financial institution regulatory agency to maintain the capital of an insured depository institution. Exempts a Federal depository institution regulatory agency acting as conservator for an insured depository institution from the requirement of a timely nondischargeability request (including notice and hearing) when seeking to recover a debt relating to malfeasance. Declares that for specified cases of deceitful conduct, any institution-affiliated party of an insured depository institution (or credit union) shall be deemed to have been acting in a fiduciary capacity with respect to any debt owed to a Federal banking regulatory agency (thus making such debt nondischargeable in bankruptcy). Sets forth as a prerequisite for a bankruptcy reorganization plan that the debtor will: (1) maintain any commitment to a Federal banking regulatory agency to maintain the capital of an insured depository institution; and (2) continue to be obligated for any debt to such agency for failure to fulfill such commitment. Makes certain debts owed by an institution-affiliated party to an insured depository institution under Federal receivership nondischargeable under a consumer debt bankruptcy plan. Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to empower the FDIC and the NCUA (acting as conservators) to avoid fraudulent conveyances by a debtor institution-affiliated party. Prohibits an insured depository institution or credit union which does not meet minimum Federal capitalization requirements from making golden parachute payments, covered benefit payments, or certain payments in anticipation of insolvency to an institution-affiliated party without prior written Federal agency approval. Cites conditions under which insured depository institutions and credit unions may make golden parachute payments and covered benefits payments with FDIC or NCUAB approval. Amends the Federal criminal code to revise the civil and criminal forfeiture guidelines for: (1) property affecting a financial institution; and (2) fraudulent offenses involving the sale of assets held by Federal banking regulatory agencies. Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to prohibit certain convicted felony debtors whose default to an insured financial institution in receivership will cause substantial loss from acquiring any asset of the institution (except with respect to repayment). Title III: Improved Procedures for Handling Banking-Related Cases - Amends Federal criminal law to authorize wiretaps for bank fraud and related offenses. Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to set forth reciprocal assistance guidelines for foreign investigations by Federal banking agencies and investigations on behalf of foreign banking authorities. Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) to extend from five to ten years the statute of limitations for commencing a civil action for Federal bank law violations. Amends the Federal Deposit Insurance Act and the National Credit Union Act to grant the FDIC, the RTC, and the NCUA subpoena authority. Title IV: Structural Reforms to Improve the Federal Response to Crimes Affecting Financial Institutions - Establishes within the Office of the Deputy Attorney General in the Department of Justice a Financial Institutions Fraud Unit, headed by a Special Counsel who shall report directly to the Deputy Attorney General. Terminates such Office five years after enactment of this Act. Empowers the Special Counsel to investigate and prosecute criminal activity involving the financial services industry. Directs the Attorney General to establish: (1) financial institutions fraud task forces; and (2) a senior interagency group to assist in identifying the most significant financial institution fraud cases, to allocate investigative and prosecutorial resources, and to expedite interagency coordination and prosecution of financial institutions fraud. Amends Federal criminal law to authorize the Secret Service (under the direction of the Secretary of the Treasury) to detect and arrest persons who violate banking laws with respect to financial institutions and the Resolution Trust Corporation (RTC). Title V: Reporting Requirements - Directs the Attorney General to report quarterly to the Congress regarding financial institution crimes. Requires the Director of the Administrative Office of the United States Courts to present annual statistical tables to the Congress on the business imposed on the Federal courts by the savings and loan crisis. Title VI: National Commission on Financial Institution Reform, Recovery, and Enforcement - Establishes the National Commission on Financial Institution Reform, Recovery, and Enforcement to make investigations and recommendations regarding specified aspects of the savings and loan crisis. Requires the Commission to submit a final report to the President and the Congress within one year after enactment of this Act. Terminates the Commission 30 days after the submission of such final report. Authorizes appropriations. Title VII: Authorizations - Amends the FIRREA to authorize appropriations to the Attorney General and the Federal Court System for bank crime cases.
United States · United States Congress · 30 July 1990
Expresses the sense of the Congress that Walker Percy of Covington, Louisiana, be remembered as one of the finest writers and contributors to the culture of the United States of the 20th century.
United States · United States Congress · 27 July 1990
Title I: Research - Subtitle A: Health Research Act - Women's Health Research Act - Amends the Public Health Service Act to establish within the Office of the Assistant Secretary for Health the Office of Women's Health to coordinate all activities and research of the Department of Health and Human Services relating to disease, disorders, or other health conditions that are unique to, more prevalent in, or more serious for women, or for which risk factors or interventions are different for women. Establishes in the National Institutes of Health (NIH) the National Center for Women's Health Research and Development. Requires the Center, with respect to women's health research, to: (1) identify research projects conducted or supported by each agency of the NIH and of the Alcohol, Drug Abuse, and Mental Health Administration (ADAMHA); (2) evaluate such projects and select those that have particular merit; (3) provide amounts to the agencies for the projects; and (4) take other actions. Requires the Director of the Center to: (1) investigate the extent to which women are being included in NIH or ADAMHA research; (2) investigate whether the projects are being carried out in accordance with policies regarding the inclusion of women; (3) coordinate NIH and ADAMHA research with respect to women's health; and (4) take other actions. Requires the Director of the National Institute of Child Health and Human Development to conduct a program for clinical research in obstetrics and gynecology. Requires the Director of the Center to establish the National Women's Health Data Bank and the National Women's Health Clearinghouse. Directs the Secretary of Health and Human Services to establish: (1) within the Center the National Women's Health Clinical Research Advisory Board; and (2) the Interagency Council on Women's Health Research and Development. Authorizes appropriations. Subtitle B: Clinical Trials Fairness Act - Clinical Trials Fairness Act - Amends provisions of the Public Health Service Act relating to the national research institutes and provisions relating to the Alcohol, Drug Abuse, and Mental Health Administration (ADAMHA) to direct the Secretary of Health and Human Services to ensure, in conducting or supporting clinical research, that women and minority groups are included as research subjects, unless inappropriate. Requires that any project be designed and carried out so as to provide for a valid analysis of whether the research variables affect women or minorities differently than other subjects. Directs the Secretary to establish within the advisory council of each institute and each agency of ADAMHA a Clinical Research Equity Subcommittee to review all clinical research of that agency to determine whether the research is being conducted in accordance with requirements of this Act. Provides for suspension or revocation of the authority for any project the Secretary determines is not being conducted in accordance with those requirements. Defines "minority groups" to mean racial and ethnic minority groups. Requires that the technical and scientific peer review process in the institutes and ADAMHA include an evaluation of the inclusion of women and minority groups as research subjects. Subtitle C: Breast Cancer Research - Authorizes appropriations to the National Cancer Institute for breast cancer research other than research that involves treatment or clinical trials. Subtitle D: Contraceptive and Infertility Research Centers Act of 1990 - Contraception and Infertility Research Centers Act of 1990 - Amends the Public Health Service Act to require the Director of the Institute of Child Health and Human Development to make grants and enter into contracts for centers for improving methods of contraception and centers for diagnosing and treating infertility. Requires the Director, subject to appropriations, to provide for three centers on contraception and two centers on infertility. Requires each center to: (1) conduct clinical and other applied research; (2) develop training protocols for and conduct training of physicians, scientists, nurses, and other health and allied health professionals; (3) develop model continuing education programs; and (4) disseminate information to such professionals. Allows a center to use the funds to provide: (1) stipends for health and allied health professionals enrolled in the training programs; and (2) fees to individuals serving as subjects in the clinical trials. Requires each center to use the facilities of a single institution, or be formed from a consortium of cooperating institutions, meeting requirements as prescribed by the Secretary of Health and Human Services. Allows support for a center to be for a period of up to five years, with extensions of one or more periods of up to five years if the center's operations have been reviewed by a peer review group and the group has so recommended. Authorizes appropriations. Amends the Public Health Service Act to direct the Secretary to establish a program of entering into agreements with health professionals, including graduate students, under which the professionals agree to conduct research with respect to contraception or infertility in consideration of the Government agreeing to repay, for each year of such service, not more than a specified amount of the principal and interest of their educational loans. Applies provisions of the National Health Service Corps Loan Repayment Program to this program, except as inconsistent. Authorizes appropriations. Requires amounts appropriated to remain available until the end of the second fiscal year after they are appropriated. Subtitle E: Contraception and Infertility - Declares that the Congress should: (1) establish a program of research for the development of methods of contraception and methods of diagnosing and treating infertility; (2) provide adequate long-term resources for the program; (3) ensure that Federal programs with respect to sexually transmitted diseases adequately respond to the role of such diseases in infertility; (4) ensure public education on contraception and infertility; (5) establish as Federal goals the development, by the year 2010, of improved barrier methods to protect against pregnancy and diseases, new methods of contraception for use by men, a vaccine-like drug for women that prevents pregnancy for a significant period of time without other specified effects, and new and improved techniques of diagnosing and treating infertility; (6) require the Secretary of Health and Human Services to reestablish the Ethical Advisory Board in order to facilitate research with respect to infertility; (7) review the policies and procedures of the Food and Drug Administration with respect to expediting approval of drugs and devices for use by the public, especially with respect to contraception and infertility; and (8) determine to what extent measures can be implemented by public or private entities to resolve liability issues involved with drugs and devices concerned with contraception and infertility. Subtitle F: Women and AIDS Research Initiative - Women and AIDS Research Initiative Amendments of 1990 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services, through the Director of the National Institutes of Health (NIH), the Administrator of the Alcohol, Drug Abuse, and Mental Health Administration, or both, to establish a program to conduct biomedical and behavioral research on cases of infection with the etiologic agent for acquired immune deficiency syndrome (AIDS) in women. Authorizes the Secretary to conduct the research directly or through grants. Specifies forms of research to be included. Authorizes appropriations. Authorizes appropriations for grants for community-based clinical trials on experimental treatments for such infection for women. Allows the Director of the NIH to authorize grantees to expend the grants to provide individuals with such transportation, child care, and other incidental services as may be necessary to enable the individuals to participate as subjects in the trials. Subtitle G: Osteoporosis and Related Disorders Research - Osteoporosis and Related Bone Disorders Research, Education, and Health Services Act of 1990 - Amends the Public Health Service Act to require the Director of the National Institute of Arthritis and Musculoskeletal and Skin Diseases (NIAMSD) and the Director of the National Institute on Aging (NIA) to expand and intensify research on osteoporosis and related bone disorders. Requires, with respect to osteoporosis and related bone disorders: (1) the NIAMSD Director to increase the number of Specialized Centers of Research; and (2) the NIA Director to increase the number of program project grants devoted to creating centers of excellence. Authorizes appropriations. Establishes in the Department of Health and Human Services the Interagency Council on Osteoporosis and Related Disorders and the Advisory Panel on Osteoporosis and Related Disorders. Authorizes appropriations for the Advisory Panel. Directs the Secretary of Health and Human Services to make up to three grants to establish model health promotion projects for community-based education on osteoporosis, with each project targeting one of these groups: young and teenage girls, midlife women, and older men and women. Authorizes appropriations. Requires the NIAMSD Director to make grants or enter into contracts to establish a Resource Center on Osteoporosis and Related Disorders to: (1) disseminate information about research results, services, and educational materials to health professionals, patients, and the public; and (2) coordinate regional training for the development of health professional resource networks. Requires grant and contract recipients to establish: (1) a central computerized information system to, among other matters, translate scientific and technical information into information readily understandable by the general public; and (2) a national toll-free telephone information line. Requires the grant or contract recipient to charge fees for providing information, but allows exceptions for individuals and organizations unable to pay. Authorizes appropriations. Title II: Services - Subtitle A: Informed Consent for Breast Cancer Treatment - Breast Cancer Treatment Informed Consent Act - Requires any State receiving funds under titles V (Maternal and Child Health Block Grant) or XIX (Medicaid) of the Social Security Act or under the preventive health service provisions of the Public Health Service Act to require any physician or surgeon licensed to practice medicine in such State to inform any breast cancer patient of alternative methods of treatment for breast cancer before such treatment is begun. Requires that the patients be informed by means of: (1) a standardized written summary in layman's language and in a language understood by the patient of alternative methods of treatment; and (2) an explanation of the treatment options described in such written summary together with the risks associated with each procedure relative to each patient's particular medical circumstances. Subtitle B: Reimbursement for Certain Nurse Practitioners Under Medicare and Medicaid - Women's Health Care Coverage Expansion Act of 1990 - Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to provide Medicare and Medicaid coverage of obstetrical and gynecological services furnished by nurse practitioners. Subtitle C: Adolescent Pregnancy and Parenthood Act of 1990 - Mickey Leland Adolescent Pregnancy Prevention and Parenthood Act of 1990 - Replaces the current title XX (Adolescent Family Life Demonstration Projects) of the Public Health Service Act with a new title on adolescent pregnancy prevention, care, and research grants. Authorizes the Secretary of Health and Human Services to make grants to provide care services to pregnant adolescents and adolescent parents and prevention services to nonpregnant adolescents. Lists permissible uses for the grants. Requires that grantees charge fees for services only according to a fee schedule approved by the Secretary that bases fees on income. Prohibits a grantee from discriminating on the basis of an individual's inability to pay for services. Sets forth priorities in making the grants. Provides for the amount of a grant. Prohibits the Federal portion of the grant from exceeding 75 percent of annual program costs. Allows non-Federal contributions to be in cash or in kind. Allows the Secretary to waive the 75 percent limitation in accordance with criteria established by regulation. Sets forth descriptions and assurances which must be included in grant applications. Requires grant recipients to spend between three and ten percent to conduct, through an independent entity, an evaluation of the services supported. Directs the Secretary to coordinate Federal policies and programs providing services relating to the prevention of initial and recurrent adolescent pregnancies and providing care for pregnant adolescents and adolescent parents. Requires grant recipients to coordinate activities with other grant recipients in the same locality. Authorizes the Secretary to make grants to support: (1) research concerning the societal causes and consequences of pregnancy, childbearing, and child rearing for adolescent females and males; (2) evaluative research to identify services that reduce adolescent pregnancy rates and that improve the outcome of adolescent childbearing; and (3) the dissemination of information from programs and research relating to adolescent pregnancy and parenthood. Allows research and dissemination grants to be made for one year, with renewals for four additional one-year periods. Limits the amount of a grant for direct costs, but allows: (1) additional amounts for indirect costs as the Secretary deems appropriate; and (2) the Secretary to waive the limitation. Sets forth allowed and prohibited uses of the funds. Directs the Secretary to coordinate research and dissemination activities carried out under these provisions with such activities carried out by the National Institutes of Health (NIH). Directs the Secretary to establish a system for the review of applications that is substantially similar to the system for scientific peer review of the NIH. Requires the creation of a panel to review applications. Requires grants to be made from among programs the panel has determined to be of scientific merit. Authorizes appropriations for carrying out the title added by this subtitle. Prohibits use of funds for grants under this subtitle for payment for the performance of an abortion. Subtitle D: COBRA Displaced Family Amendments Act of 1990 - COBRA Displaced Family Amendments of 1990 - Amends the Internal Revenue Code, the Employee Retirement Income Security Act of 1974, and the Public Health Service Act to declare that specified provisions relating to the required period of group health plan continuation coverage do not apply to the qualifying events of death, divorce, or legal separation involving a beneficiary who is 50 years old or older. Requires that coverage continue until the 23rd birthday for a beneficiary under 20 years old at the time of such an event involving a covered employee 50 years old or older. Entitles beneficiaries who have applied for, but not received, a determination of disability before the end of an 18 month period after the qualifying event to a continuation period of 29 months. Requires that notice of the option to enroll under a conversion plan be given during the 120-day period ending 60 days before the expiration of the continuation coverage. (Current law requires such notice be given during the 180-day period ending on the expiration date of the continuation coverage.) Allows continuation coverage to end on the date on which the employer or successor employer (currently, the employer) ceases to provide any group health plan to any employee. Subtitle E: Federal Employee Family-Building Act - Federal Employee Family-Building Act of 1989 - Requires any contract for health benefits for Federal employees that provides obstetrical benefits to also provide benefits for family-building procedures. Provides that payment terms or conditions under such contracts shall be no more restrictive for family-building benefits than for obstetrical benefits. Requires such contracts to provide that: (1) benefits shall consist of reimbursement for reasonable and necessary medical expenses and counseling fees directly relating to the adoption of a child; and (2) benefits shall be available in connection with obstetrical care for the biological mother and medical care for the child if, or to the extent that, the pre-adoptive or adoptive parent or parents are legally responsible for the cost of such care. Directs the Office of Personnel Management to authorize the use of sick leave for purposes relating to family-building procedures. Defines "family-building procedure" as a medical procedure to overcome infertility (including procedures to achieve pregnancy and procedures to carry pregnancy to term) and procedures relating to child adoption. Title III: Prevention - Subtitle A: Medicaid Infant Mortality Amendments of 1990 - Medicaid Infant Mortality Amendments of 1990 - 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. 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. Excuses women, during and for 60 days after pregnancy, from a requirement to cooperate in: (1) establishing paternity regarding a child born out of wedlock; (2) obtaining support and payments. Subtitle B: Breast and Cervical Cancer Mortality Prevention Act of 1990 - Breast and Cervical Cancer Mortality Prevention Act of 1990 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services, through the Director of the Centers for Disease Control, to make grants to States, with regard to breast and cervical cancer, for screening, referrals and follow-up services, public information and education programs, education and training for health professionals, quality monitoring of screening, and evaluations of such activities. Sets forth preferences in making the grants and requires equitable geographical distribution. Requires matching non-Federal funds in a specified ratio. Requires that States agree to: (1) provide all of certain services by a specified date; (2) switch to any improved screening procedures which become available and are recommended for use; and (3) assure the quality of any screening procedures used. Directs the Secretary to establish guidelines for assuring the quality of mammography and cytological screening conducted under these provisions. Requires that low-income women be given priority in the provision of services. Requires that a charge for services, if any: (1) be made according to a public schedule; (2) be adjusted for income of the woman involved; and (3) not be imposed on any woman with incomes below the poverty line. Requires services to be provided throughout a State, including to members of any Indian tribe or tribal organization. Authorizes the Secretary to provide training and technical assistance. Directs the Secretary to provide for annual evaluations of programs carried out under this Act. Authorizes appropriations. Limits the number of grants made to seven in FY 1991. Subtitle C: Mammography Reimbursement Under Medicare - Part 1: Screening Mammography Medicare Coverage Act of 1989 - Screening Mammography Medicare Coverage Act of 1989 - Amends title XVIII (Medicare) of the Social Security Act to cover screening mammographies for women over age 34 under part B (Supplementary Medical Insurance) of the Medicare program. Part 2: The Rose Kushner Medicare Screening Mammography Act of 1990 - Rose Kushner Medicare Screening Mammography 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. Finances such coverage by increasing the Medicare part B (Supplementary Medical Insurance) premium. Part 3: Older Women's Breast Cancer Prevention Act of 1990 - Older Women's Breast Cancer Prevention Act of 1990 - Amends title XVIII (Medicare) of the Social Security Act to cover screening mammographies for Medicare-eligible women whose last screening mammographies were performed more than 11 months previously. Determines the payment amount for such service pursuant to a fee schedule. Subtitle D: Coverage of Bone Mass Measurement Under Medicare - Medicare Bone Mass Measurement Coverage Act of 1990 - Amends title XVIII (Medicare) of the Social Security Act to provide Medicare coverage of bone mass measurements. Subtitle E: Women and AIDS Outreach and Prevention Act - Women and AIDS Outreach and Prevention Act - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to make grants regarding prevention of acquired immune deficiency syndrome (AIDS) and other sexually transmitted diseases in women, including preventive health services, screening, providing treatment (for such diseases other than AIDS), referrals, and follow-up services. Requires that a grantee be an entity that provides health or voluntary family planning services: (1) to a significant number of low-income women; and (2) in an area with a significant number of AIDS cases in women and in newborn infants. Requires that grantees maintain the confidentiality of information on individuals, subject to complying with applicable law. Authorizes appropriations. Subtitle F: Infertility Prevention Demonstration Projects of 1990 - Infertility Prevention Demonstration Projects Act of 1990 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to make grants for demonstration projects for the prevention and control of the sexually transmitted disease known as chlamydia, including by providing: (1) to women services relating to counseling, screening, treatment, referrals, follow-up, and outreach; and (2) public information and education and data collection. Requires that grantees be grant recipients under specified provisions that provide preventive gynecological health care. Prohibits charging for the services or information. Authorizes appropriations. Limits the number of grants to ten in fiscal year 1991.
United States · United States Congress · 26 July 1990
Religious Freedom Restoration Act of 1990 - Prohibits a governmental authority from restricting any person's free exercise of religion unless: (1) the restriction is in the form of a rule of general applicability that doesn't intentionally discriminate against religion or among religions; and (2) the governmental authority demonstrates that application of the restriction to a person is essential to furthering a compelling governmental interest and the least restrictive means of doing so. Authorizes a party aggrieved by a violation of such prohibition to obtain relief, including attorney fees, in a civil action.
United States · United States Congress · 24 July 1990
Lead Battery Recycling Incentives Act - Amends the Solid Waste Disposal Act to direct the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations for persons who generate, transport, store, recycle, or dispose of spent lead-acid batteries. Requires the Administrator, in developing such regulations, to conduct an analysis of the economic impact of the regulations on the recycling industry. Sets forth required elements of such regulations, including specific requirements for: (1) the storage and transfer of batteries by generators; (2) recordkeeping by battery generators, transporters, and recyclers; and (3) management practices of recyclers. Directs battery retailers to accept from customers used lead-acid batteries of the same type and quantity of the batteries sold. Requires transporters to acquire an identification number from the EPA or the State enforcing this Act. Directs the Administrator to implement education activities to inform the public about the environmental and safety hazards associated with improper handling and disposal of spent lead-acid batteries. Authorizes appropriations. Applies such requirements to batteries which are transported to or managed by a lead-acid battery recycling facility, a secondary lead smelter, or any facility that prepares batteries for recycling by means of exposing lead to the atmosphere. Requires producers or importers of lead-acid batteries to recycle, for the ten-year period beginning 24 months after this Act's enactment, an amount of spent lead equal to at least the amount determined by multiplying the amount of lead in the batteries produced or imported by such persons by the recycling percentage established by the Administrator. Authorizes compliance with such requirement by: (1) reclaiming lead from such batteries and using it in the production of new batteries; (2) purchasing reclaimed lead from secondary lead smelters for purposes of producing new batteries or shielding; or (3) purchasing recycling credits. Directs producers or importers to report annually to the Administrator on the amount of virgin and secondary lead used in new lead-acid batteries produced or imported by such persons. Requires the Administrator to establish a recycling percentage that is two points higher than the existing recycling rate for spent lead in used lead-acid batteries. Increases such percentage by two points annually. Authorizes the Administrator to reduce or waive the two percent increase if the rate exceeds 95 percent. Directs the Administrator to promulgate regulations to allow: (1) producers or importers of lead-acid batteries to create credits for recycling an amount of batteries greater than required; and (2) producers or importers of new batteries to purchase such credits for purposes of complying with this Act. Sets forth minimum requirements for the credit system. Applies battery recycling requirements to persons who produce or import more than 10,000 pounds of new lead-acid batteries annually. Sets the recycling percentage at 90 percent if the Administrator fails to promulgate recycling regulations.
United States · United States Congress · 20 July 1990
Veterans' Compensation Amendments of 1990 - Title I: Compensation Rate Increases - Increases the rates of: (1) veterans' disability compensation; (2) additional compensation for veterans' dependents; (3) the clothing allowance for certain disabled veterans; (4) dependency and indemnity compensation for surviving spouses and children; and (5) supplemental dependency and indemnity compensation for disabled adult children. Authorizes the Secretary of Veterans Affairs to adjust administratively the rates of disability compensation payable to persons who are not in receipt of compensation for service-connected disability or death. Title II: Miscellaneous Program Amendments - Increases from three to six months the period during which a veteran having neither spouse nor child and being furnished domiciliary care by the Department of Veterans Affairs will be paid a monthly pension by the Secretary. Requires that any amount of pension being withheld from a veteran due to the provision of domiciliary or nursing home care by the Department shall be paid in a lump sum after the veteran's discharge or release. Limits such payment to $5,000. Provides that in order to continue to receive payments of pension, compensation, or emergency officers' retirement pay after being rated incompetent, a veteran receiving Government hospital treatment or domiciliary care may not have an estate the value of which exceeds $4,500 (currently $1,500). Authorizes the Secretary to accept gifts, devises, and bequests which enhance the Secretary's ability to provide services or benefits. Allows the payment of parents dependency and indemnity compensation less frequently than monthly if the amount of the annual benefit is less than four percent of the maximum annual rate payable. Prohibits a readjustment in the rating schedule from causing a veteran's compensation amount to be reduced unless an improvement in the veteran's disability is shown to have occurred. Makes the presumptive period (the period after service in a radiation-risk activity during which a disease must become manifest in order to be considered service-connected and, therefore, compensable as disability compensation) for leukemia 40 years (currently, 30). Creates a 40-year presumptive period for members of the reserves who were exposed to atmospheric detonation of a nuclear device during active duty or inactive duty for training and who contract specified diseases or illnesses within such period. States as an exception the disease of leukemia, which is given a 30-year manifestation period in such reserve members. Increases the amount of Veterans' Mortgage Life Insurance available to a veteran owning a home to the lesser of $90,000 or the amount of the loan outstanding on the home. (Currently, the amount is the lesser of $40,000 or such amount.) Increases from one to two years the required time after discharge or release permitted to qualify for National Service Life Insurance (for service-disabled veterans). Title III: Agent Orange - Veterans Agent Orange Exposure and Vietnam Service Benefits Act of 1990 - Provides that the disease of chloracne in Vietnam veterans shall be considered to have been service-connected if such disease became manifest to a ten percent or more degree of disability within one year after the last date on which the veteran performed such service in Vietnam. Presumes the following diseases to be service-connected for veterans who performed active service in Vietnam during the Vietnam era, notwithstanding that there is no record of evidence of such disease during the period of such service: (1) non-Hodgkins lymphoma; (2) soft-tissue sarcoma; and (3) melanoma and basal cell carcinoma. Provides a presumption of service-connection in the case of a Vietnam veteran suffering from a disease associated with effects of exposure to certain dioxins or other herbicide agents during such service in Vietnam. Directs the Secretary to prescribe regulations listing a positive association between any disease and the biological effects of exposure to an herbicide agent in Vietnam. Requires the Secretary to update such list continually. Requires the Secretary, in prescribing and revising such list, to obtain by contract the determinations and estimates of a contract scientific organization. Requires such organization to: (1) determine which diseases have any degree of association with the biological effects of exposure to an herbicide agent; and (2) estimate the extent of association between each such disease and each such biological effects. Requires the organization to determine such association specifically with respect to non-Hodgkins lymphoma, each soft-tissue sarcoma, lung cancer, and each other cancer. Outlines contract provisions required in such agreements between the Secretary and the scientific organization, including surveys, evaluations, and periodic determinations. Requires such scientific organization to provide reports to the Secretary and the Senate and House Veterans' Affairs Committees regarding its determinations and evaluations. Requires such organization to determine, in the effect of a positive association, whether there is reasonable basis for concluding that a Vietnam veteran with the highest level of exposure to that herbicide agent in Vietnam was exposed to such agent under the circumstances necessary for such biological effects. Requires a report from the organization to the Secretary and the veterans' committees when there is no such reasonable basis found. Requires the Secretary to make certain determinations and follow-up reports after receiving such reports from the contract scientific organization, including the issuance of a report to the veterans' committees and the promulgation of positive associations regulations if necessary. Requires benefits to be continued even though a disease is removed from the regulations listing diseases having positive associations. Terminates such contracting authority ten years after the first day of the fiscal year in which a scientific organization transmits its first report to the Secretary. Provides special effective dates. Directs the Secretary to compile and analyze all clinical data that: (1) is obtained by the Department in connection with examinations and treatment of veterans for disabilities related to exposure to certain herbicides or to service in Vietnam; and (2) is likely to be scientifically useful in determining the association, if any, between the disabilities of such veterans and their exposure to such herbicides and other toxic substances. Requires the Secretary to submit an annual report to the veterans' committees concerning such analysis and its results. Directs the Secretary to consult with the Director of the National Institutes of Health Research and Grants Division (NIH) before compiling and analyzing such information. Requires the Director of NIH to review each annual report submitted by the Secretary and transmit to the Secretary an evaluation of the contents of each report. Directs the Secretary to establish and maintain a system for the collection and storage of voluntarily contributed samples of blood and tissue of veterans who performed active service in Vietnam during the Vietnam era. Outlines provisions concerning the security and authorized uses of such specimens as well as limitations on the acceptance of such samples. Requires the Secretary to consult with the National Academy of Sciences (NAS) to the extent that an agreement has been reached with the NAS serving as the contract scientific organization for the Secretary. Requires the Secretary to consult with the Director of the Medical Follow-up Agency in the event of no agreement with NAS. Directs the Secretary to establish a program to provide for the conduct of studies of the feasibility of conducting additional scientific research on health hazards resulting from: (1) exposure to dioxin; (2) exposure to other toxic agents in herbicides used in support of U.S. and allied military operations in Vietnam during the Vietnam era; and (3) active military, naval, or air service there. Requires the Secretary to report to the veterans' committees on the results of such studies. Requires the Secretary to consult with the NAS before undertaking such studies and requires the NAS to review such studies and report recommendations to the Secretary and the veterans' committees, to the extent provided under any agreement between the Secretary and NAS. Amends the Veterans' Benefits Improvement Act of 1988 to require the Secretary to annually furnish updated information to veterans listed in the Department of Veterans Affairs' Agent Orange Registry on health risks resulting from exposure to dioxin or other toxic agents in herbicides as a result of service in Vietnam during the Vietnam era. Directs the Secretary of Health and Human Services to report to the veterans' committees on the research being conducted to develop treatments for physiological absorption of dioxin and other toxic agents used in herbicides by the United States in Vietnam, including research relating to exposure to dioxin and other toxic agents outside Vietnam. Extends through December 31, 2000, the eligibility for hospital and nursing home care for veterans exposed to toxic substances in Vietnam. Amends the Veterans' Benefits Improvement Act of 1988 to authorize direct consultation between the Ranch Hand Advisory Committee and Department of the Air Force scientists conducting the Ranch Hand Study (a study of the long-term health effects of exposure to phenoxy herbicides and contaminants). Requires the preparation and submission of annual reports and a final report in connection with such study.
United States · United States Congress · 27 June 1990
Employer Sanctions Repeal Act of 1990 - Repeals specified provisions of the Immigration and Nationality Act and the United States Code relating to: (1) the unlawful employment of aliens; and (2) unfair immigration-related employment practices. Continues the duties of the Special Counsel for Immigration-Related Unfair Employment Practices regarding unfair immigration-related employment practices for one year after enactment of this Act, such duties thereafter to be assumed by the Civil Rights Division of the Department of Justice. Increases FY 1991 Border Patrol funding and personnel levels. Provides Border Patrol personnel training with respect to the rights and varied cultural backgrounds of aliens and citizens. Authorizes appropriations. Increases FY 1991 personnel levels for: (1) the Wage and Hour Division with the Employment Standards Administration of the Department of Labor; and (2) the Assistant United States Attorneys employed by the Department of Justice. Amends the Immigration and Nationality Act to increase penalties for bringing in or harboring certain aliens. Expresses the sense of the Congress that the Attorney General should initiate discussions with Mexico and Canada with regard to the smuggling of aliens into the United States. Authorizes appropriations.
United States · United States Congress · 27 June 1990
Provides that attorneys' fees may not be charged in the case of an individual applying for benefits under laws administered by the Department of Veterans Affairs before the date on which the Board of Veterans' Appeals first makes a final decision in the case. States that there shall be no limit upon attorneys' fees charged at any stage of a proceeding involving the Department in: (1) any case in which the United States is seeking to collect an indebtedness, which involves waiver of overpayments; or (2) proceedings before a court.
United States · United States Congress · 26 June 1990
Indoor Air Quality Act of 1990 - Directs the Administrator of the Environmental Protection Agency (EPA) to establish a national research, development, and demonstration program to ensure the quality of indoor air and to coordinate and accelerate efforts related to the causes, detection, and correction of contaminated air. Authorizes the Administrator to assist technology demonstration projects which reduce exposure to indoor air contaminants, provided certain conditions are met. Limits Federal funding for such projects to 75 percent of the total costs. Directs the Administrator to consider indoor human exposure to contaminants when developing air quality standards and emissions standards for hazardous air pollutants under the Clean Air Act. Requires the Administrator to: (1) conduct a national assessment to survey the seriousness and extent of indoor air contamination in buildings owned by local educational agencies and child care facilities; and (2) establish an advisory group of interested parties to provide guidance and direction in developing such assessment. Directs the Administrator to enter into an agreement with the National Academy of Sciences (NAS) for the Board on Environmental Studies and Toxicology to study and report to the Congress on chemical sensitivity disorders. Requires the Administrator to enter into an agreement with the NAS for the Institute of Medicine to study indoor allergens. Directs the Administrator to publish bulletins providing an assessment of technologies and management practices for the control and measurement of indoor air contaminants. Requires the Director of the National Institute for Occupational Safety and Health to develop a model indoor air quality training course to provide training in ventilation system operation and maintenance and in identifying and reducing indoor air contaminant exposures. Authorizes the Director to establish a fee for such training. Requires the Administrator to publish health advisories on indoor air contaminants that are known to occur at concentrations which may have adverse human health effects. Lists substances to be addressed by such advisories. Provides for the revision of advisories at least every five years. Requires a technology and management practice bulletin to be published concurrently with each advisory addressing a specific contaminant. Directs the Administrator to publish a strategy for a national response to indoor air quality problems. Requires the Administrator to conduct research on radon and radon progeny measurement methods and protocols. Directs the Administrator to issue guidance documents that: (1) provide information on the results of such research; and (2) describe model State radon measurement and mitigation programs. Requires the Administrator to establish a mandatory program that requires: (1) products offered for sale, or devices used in connection with public services, for radon measurement to meet minimum performance criteria; and (2) operators of devices, or persons employing techniques, used in connection with public services for radon measurement to meet minimum proficiency levels. Directs the Administrator to establish user fees for persons seeking certification under such program. Provides for the deposit of such fees into a Radon Service Account. Requires the national indoor air quality response strategy to evaluate: (1) the range and reliability of indoor air quality diagnostic and mitigation services; and (2) the range of knowledge and mastery of indoor air quality and energy efficiency techniques of ventilation system operators. Provides for the biennial update of such strategy. Requires the Director to: (1) develop a program to evaluate indoor air contamination in Federal buildings; and (2) develop and disseminate to all Federal agencies a model indoor air quality remediation program. Directs Federal agencies responsible for Federal buildings to submit to the Director a specific remediation program for each building, with priority given to buildings based on the health threat and numbers of persons exposed. Requires the Director to review at least five percent of such programs and assess their ability to improve indoor air quality. Directs such agencies to implement systematic programs for the assessment of indoor air quality and the correction of conditions resulting in inadequate air quality. Requires Federal agencies responsible for the design and construction of buildings for Federal occupancy to employ up-to-date design, commissioning, and operating practices for optimal indoor air quality and energy efficiency. Directs persons entering into new leases or lease renewal contracts for Federal buildings to require building owners to demonstrate and guarantee that the building is operating at design specifications for the existing ventilation system and that all portions of the building are accessible for indoor air quality monitoring and evaluation. Provides that buildings that operate at current ventilation rate standards shall be given priority for leasing when available at competitive cost. Requires Federal agencies to designate an Indoor Air Quality Coordinator for each Federal building. Directs Coordinators and their assistants to complete an indoor air training course. Authorizes grants to: (1) States for the development and implementation of indoor air quality management strategies; and (2) States and local air pollution control agencies for air quality response programs. Sets forth grant limitations and selection criteria. Directs the Administrator to establish the Office of Indoor Air Quality within the EPA Office of Air and Radiation. Establishes a Council on Indoor Air Quality to coordinate Federal indoor air quality activities and review and comment on the national indoor air response strategy. Requires the Indoor Air Panel of the EPA Science Advisory Board to be expanded to include technical advisors with expertise in technologies and management practices for the control and measurement of indoor air contaminants. Directs the Administrator to establish a national indoor air quality clearinghouse which shall operate a toll-free hotline on indoor air quality. Requires the Director to implement a building Assessment Demonstration Program to support the development of methods, techniques, and protocols for assessing indoor air contamination in non-residential, non-industrial buildings and to provide contamination reduction assistance and guidance to building owners and occupants. Sets forth building assessment report requirements. Repeals the Radon Gas and Indoor Air Quality Research Act of 1986. Authorizes appropriations.
United States · United States Congress · 21 June 1990
Title I: National Writing Program - Authorizes the Secretary of Education to enter into a contract with the National Writing Project (a nonprofit educational organization) to support costs of programs of teacher training and classroom research to improve the teaching of writing and the quality of student writing and learning. Directs the Project to establish a National Advisory Board. Title II: Research and Development - Directs the Secretary, through the Office of Educational Research and Improvement, to make grants to individuals and higher education institutions for research on the teaching of writing. Title III: Authorization of Appropriations - Authorizes appropriations for FY 1991 through 1996.
United States · United States Congress · 20 June 1990
Department of Veterans Affairs Codification Act - Revises provisions of Federal law which established the Department of Veterans Affairs as an executive department. Redesignates the Veterans Health Services and Research Administration as the Veterans Health Administration. Includes the Veterans' Canteen Service and the Board of Contract Appeals within the Department. Establishes within the Department an Under Secretary for Health, who shall be the head of the Veterans Health Administration. Requires the Secretary of Veterans Affairs to establish a commission to recommend individuals to the President whenever a vacancy occurs in the position of the Under Secretary. Redesignates the Chief Benefits Director of the Veterans Benefits Administration as the Under Secretary for Benefits Administration. Requires the Secretary to establish a commission to recommend individuals to the President whenever a vacancy occurs in the position of the Under Secretary. Revises and codifies provisions relating to the authority and various duties of the Secretary. Authorizes the Secretary to prescribe all rules and regulations necessary or appropriate to carry out the laws administered by the Department. Provides for judicial review of such rules and regulations. States that the Veterans Benefits Administration shall be operated by the Under Secretary for Benefits Administration and that the Administration shall be responsible for the following programs: compensation and pension; vocational rehabilitation and educational assistance; veterans' home loan; veterans' and service members' life insurance programs; and outreach and other veterans' services programs. Revises and reorganizes provisions relating to the organization and functions of the Veterans Health Administration. Directs the Under Secretary of the Administration to prescribe all regulations necessary for its administration. Provides specific experience criteria for several of the Assistant Under Secretaries appointed to the Administration. Directs the Secretary to: (1) establish and conduct a comprehensive program to monitor and evaluate the quality of health care furnished by the Administration; and (2) delineate the responsibilities of the Under Secretary with respect to the quality-assurance program. Requires the Under Secretary to periodically evaluate the mortality and morbidity rates for surgical procedures performed by the Administration against prevailing national standards and to explain and report on any significant deviations. Provides that a person may not serve as Chief of Staff of a Department health-care facility if the person is not serving on a full-time basis. Makes technical and conforming amendments. Adds savings provisions.
United States · United States Congress · 19 June 1990
Authorizes the Secretary of the Interior to acquire and manage the Mary McLeod Bethune Council House National Historic Site in Washington, D.C. Establishes the Mary McLeod Bethune Council House National Historic Site Advisory Commission. Authorizes appropriations.
United States · United States Congress · 14 June 1990
Declares that the Congress: (1) expresses its continued commitment to preserving the honor and integrity of the flag; (2) condemns all actions that desecrate the American flag; and (3) reaffirms its support and commitment to the values in the Bill of Rights.
United States · United States Congress · 12 June 1990
Housing and Memorial Affairs Amendments of 1990 - Makes eligible for various veterans' home loan benefits any individual not otherwise eligible for benefits who has completed a total of at least six years of service in the Selected Reserve and who was discharged honorably, placed on the retired list, or transferred to an element of the Ready Reserve other than the Selected Reserve. Defines the amount of loan fee to be paid by a veteran qualifying under the Selected Reserve eligibility provisions. Provides that, as of October 1, 1990: (1) the limitation on the number of homes purchased by the Secretary of Veterans Affairs for which loan guaranty defaults occurred which may be financed by a loan made by the Secretary shall cease to have effect; and (2) the Secretary may sell any note evidencing such a loan with or without recourse if the amount received is not less than the unpaid balance of such loan. Prohibits the Secretary from selling any note evidencing a loan for which the Guaranty and Indemnity Fund is available. Extends such property management provisions through December 31, 1993. Makes permanent (current law expires on March 1, 1991) the authority of the Secretary for default procedures for loans made, guaranteed, or insured by the Department. Extends through FY 1993 (currently, FY 1990) the procedure for real estate appraisals to be followed by the Secretary. Authorizes the Secretary to carry out an administrative reorganization that involves closing the loan guaranty division at the Togus Veteran Affairs Medical and Regional Office Center, Togus, Maine, and transferring such functions to the Manchester Veterans Affairs Regional Office, Manchester, New Hampshire. Provides that, in the making of a claim on a manufactured home on which a loan was made or guaranteed by the Department, the holder of the loan shall have the election of submitting a claim to the Secretary based on the value of the property securing the loan as determined by the Secretary, or on the actual proceeds from the liquidation sale of the property securing the loan. Allows payments of a claim on a guaranty to be made only after the filing of an accounting with the Secretary. Authorizes the Secretary to provide for flat grave markers in the section of the Florida National Cemetery in which replaced grave liners were installed before July 30, 1988. Directs the Secretary, at the request of the Secretary of Housing and Urban Development, to certify whether an applicant for assistance under any law administered by HUD is a veteran. Provides that an applicant for a loan made, guaranteed, or insured by the Department shall not be subject to reporting requirements applicable to requests for, or receipts of, Federal contracts, grants, loans, or cooperative agreements except to the extent that such requirements are provided for in or by the Secretary pursuant to the veterans' housing loan guaranty program. Directs the Secretary to carry out a demonstration project, during FY 1991 and 1992 and in at least two but not more than ten regional offices, for guaranteeing loans in a manner similar to which the Secretary of HUD insures adjustable rate mortgages under applicable provisions of the National Housing Act. Requires a report from the Secretary to the Congress on the implementation of such project.
United States · United States Congress · 12 June 1990
State and Local Government Employees Section 457 Plan Deposit Insurance Act - Amends the Federal Deposit Insurance Act to provide the same deposit insurance treatment for deposits of State and local government tax-exempt nonprofit organization deferred compensation plans as is provided for deposits of Keogh plans and individual retirement accounts.
United States · United States Congress · 7 June 1990
Asian and Pacific Islander Health Improvement Act of 1990 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to make grants for primary health services and health promotion education in areas with a significant number of low-income residents of Asian or Pacific Island ancestry who have a limited ability to speak English, giving preference to applicants who agree to provide health services regarding conditions that disproportionately affect individuals of such ancestry. Requires that services be provided in the most appropriate language and cultural context. Authorizes the Secretary to make grants for identifying health needs particular to, and developing model delivery systems for, individuals of such ancestry. Directs the Secretary, in collecting any health-related data on individuals of such ancestry, to ensure that the data is specific to such individuals as a single population, and is specific to each of specified subpopulations.
United States · United States Congress · 7 June 1990
Designates as South African Freedom Week the week in 1990 coinciding with the first visit of Nelson Mandela to the United States after his release from prison in South Africa.
United States · United States Congress · 6 June 1990
Urges the President to instruct the Attorney General to appoint an independent counsel to investigate the involvement of Government officials in the savings and loan scandal.
United States · United States Congress · 5 June 1990
Federal Employees Health Benefits Reform Act of 1990 - Revises the Federal Employees Health Benefits Program (the Program) to: (1) establish the Federal Employees Health Benefits Board (the Board); (2) replace current service and indemnity health benefit plans with a new Government-wide health insurance plan that offers both a standard and a high option for either self or family coverage; (3) require group- and individual-practice prepayment plans and mixed model prepayment plans to offer the same types of benefits offered under the standard option; (4) allow employee organization sponsored health plans to offer supplementary benefits; (5) establish flexible spending plans to allow employees to set aside a portion of their salary on a pretax basis to pay out-of-pocket health care expenses; and (6) allow annuitants whose annuities are insufficient to cover the full amount of required withholdings to elect to be covered under health benefits plans if they pay an amount equal to such withholdings to the Employees Health Benefits Fund (the Fund) through the retirement system that administers their health benefits enrollment. Directs the Board to: (1) prescribe regulations governing the provision of health insurance benefits to Federal employees, their families, and retirees under the Government-wide plan in consultation with the Office of Personnel Management (OPM); and (2) establish procedures for reviewing the utilization of health care services under such plan and controlling service costs. Declares that the service providers shall not be eligible for payments under the plan unless they comply with such procedures. Specifies the benefits required to be provided under each option of the plan and the extent to which they are covered. Requires such individuals to meet specified annual deductions under each option of the plan before any benefits will be paid, except in the case of a family enrollment when the deduction will be waived once it is met by any two family members. Establishes maximum out-of-pocket expense limitations for self and family coverage under each option. Requires the plan to pay all covered expenses after out-of-pocket expenses have exceeded their appropriate maximum limitation. Revises provisions for computing Government contributions. Establishes different requirements for each respective basic health benefits plan. Provides for the following with respect to the Government-wide plan: (1) establishment of specified biweekly employee contributions for the first administrative year to be increased for later years, by the lesser of the increase in the medical care component of the consumer price index or the increase in the average enrollment charges; (2) procedures for determining average annual enrollment charges (the costs for providing benefits and administering the plan and any amounts necessary to maintain an adequate contingency reserve) in consultation with the Board for the first administrative year and for adjusting such charges for later years; (3) allocation of such costs to each option in a manner which is reasonable and equitable; (4) publication of new enrollment charges in the Federal Register and the Code of Federal Regulations; and (5) continued individual and family coverage for employees who are placed in a leave without pay status. Revises provisions regarding contracting authority to establish separate authority for awarding competitive three-year contracts to nongovernmental organizations to administer the Government-wide plan on a regional basis in areas established by OPM. Requires plan administrators to review the utilization of health care services and implement the cost-control procedures established by the Board. Permits certain employee organizations which currently self-insure to serve as the plan administrators for employees within their bargaining unit. Repeals provisions regarding payment or reimbursement for services by: (1) psychologists or optometrists; and (2) any person licensed under State law in a State where a specified percentage of the population is located in primary medical care manpower shortage areas. Revises provisions concerning election of coverage to: (1) provide automatic coverage under the Government-wide plan's standard option for self alone to an employee becoming eligible for Federal health insurance coverage unless the employee elects alternative coverage or to be excluded from coverage; (2) revise criteria for continuation of coverage for annuitants; and (3) extend coverage to unmarried dependent natural or adopted children of the former spouse and the employee who are students over age 22 but under age 23. Allows temporary employees to enroll in the Government-wide plan provided they pay both employee and Government contributions. Provides that if an individual eligible to enroll in a basic health benefits plan has a spouse who is also eligible, either may enroll for self and family or each may enroll as an individual, but no individual may be covered both as an enrollee and as a family member. Sets forth rules to apply in administering provisions regarding: (1) election of coverage: (2) continued coverage; (3) coverage of restored employees and survivor or disability annuitants; (4) double coverage; and (5) changes in family status. Requires any amounts forfeited under flexible spending plans to be transferred to a separate account which shall be within the Fund. Allows such amounts to be used for wellness programs for Federal employees. Revises provisions regarding contribution set-asides in the Fund to establish new set-aside requirements for contributions to the basic health benefits plans. Directs OPM to: (1) prescribe regulations to provide eligible individuals with an opportunity to elect coverage under the health benefits plans, to terminate their enrollment, to transfer to another such plan, or to make any other allowable changes in the terms or conditions of their enrollment; (2) on an annual basis compile statistics and submit to the Board a report on the use of the different benefits of the basic and supplemental plans and their costs to the Government as part of a continuing study of the operation and administration of the Program; (3) prescribe Program regulations providing for the establishment of wellness programs for Federal employees; and (4) prescribe regulations to ensure that, for any annuitant eligible to receive Medicare (title XVIII of the Social Security Act) and Federal health insurance benefits, deductibles and coinsurance or copayment amounts under the Program shall be waived to the same extent as before the enactment of this Act and that when an individual is eligible for Federal health insurance benefits which would be duplicative of Medicare benefits, the primary payer shall be the same as it would have been before the enactment of this Act.
United States · United States Congress · 24 May 1990
Amends the Trade Act of 1974 to declare that if the President proposes to extend in 1991 for a 12-month period (July 3, 1991, to July 3, 1992) the waiver of human rights and emigration requirements for nondiscriminatory treatment (most-favored-nation treatment) for China, such continuation shall be conditioned on progress made regarding human rights, termination of martial law (in Tibet and elsewhere), termination of assistance to the Khmer Rouge, and engagement in negotiations to settle the conflict in Cambodia. Expresses the sense of the Congress that the President should propose the withdrawal of China's observer status in the General Agreement on Tariffs and Trade if such nondiscriminatory treatment is withdrawn.
United States · United States Congress · 24 May 1990
Increases from 30 to 40 years after a veteran last participated in radiation-risk activities the period during which the manifestation of leukemia shall be presumed to be service-connected for purposes of eligibility for veterans' disability compensation.
United States · United States Congress · 23 May 1990
Swampbuster Improvement Act of 1990 - Amends the Food Security Act of 1985 with regard to wetland conservation to: (1) base agricultural assistance ineligibility upon unrestored converted wetlands; (2) include other conservation assistance among such categories of agricultural assistance; (3) provide for restoration agreements; and (4) provide an administrative appeal procedure for determinations of ineligibility.
United States · United States Congress · 23 May 1990
Amends Federal Law (popularly known as the Agricultural College Act of 1890 and also as the Second Morrill Act) to require that, if any State or Territory has more than one college which is entitled to receive an annual payment under land grant college provisions, the payments must be equitably divided among the colleges, as proposed by the State or Territorial legislature and approved by the Secretary of Agriculture. (Current law replaced by this provision prohibits payments to colleges where admission distinctions are made on the basis of race or color, but allows payments to separate colleges or educational institutions for white and colored students so long as the payments are equitably divided.)
United States · United States Congress · 22 May 1990
Designates June 25, 1990, as Korean War Remembrance Day. Authorizes and requests the President to urge that the American flag be flown at half staff on such day in honor of the Americans who died as a result of their service in the Korean War.
United States · United States Congress · 14 May 1990
Americans with Disabilities Act of 1990 - Title I: Employment - Prohibits discrimination by any employer, employment agency, labor organization, or joint labor-management committee (covered entity) against any qualified individual with a disability in job application procedures, hiring or discharge, compensation, advancement, training, and other terms, conditions, and privileges of employment. Lists actions construed to be discrimination. Allows: (1) actions that are job related and consistent with business necessity, if performance cannot be accomplished by reasonable accommodation; (2) a requirement that an individual not pose a direct threat to the health or safety of other individuals in the workplace; and (3) requirements that an individual be a member of and conform to the tenets of a religious entity employer. Excludes from the term "qualified individual with a disability" an individual who is currently engaging in the illegal use of drugs. Allows a covered entity to take specified actions with regard to the illegal use of drugs and the use of alcohol in relation to the workplace. Declares that, for this title, a test to determine illegal use of drugs is not a medical examination. Makes the remedies set forth in specified provisions of the Civil Rights Act of 1964 available to the Equal Employment Opportunity Commission, the Attorney General, or any person alleging discrimination in violation of this Act. Title II: Public Service - Subtitle A: Prohibition Against Discrimination and Other Generally Applicable Provisions - Declares that no qualified individual with a disability shall be excluded from the participation in, denied the benefits of, or subjected to discrimination by public entity (defined as a State, an agency, political subdivision, or other instrumentality of a State or States, the National Railroad Passenger Corporation, and any commuter authority as defined in the Rail Passenger Service Act.) Makes the remedies and rights set forth in specified provisions of the Rehabilitation Act of 1973 available to any person alleging discrimination in violation of these provisions. Requires regulations under this subtitle: (1) subject to exception, to be consistent with certain coordination regulations applicable to recipients of Federal financial assistance under the Rehabilitation Act of 1973; and (2) to include standards for facilities and vehicles covered by this subtitle consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board (ATBCB). Subtitle B: Actions Applicable to Public Transportation Provided by Public Entities Considered Discriminatory - Part I: Public Transportation Other Than Aircraft or Certain Rail Operations - Lists actions deemed to be discrimination with regard to: (1) public entities operating fixed route systems, with an exception for historic vehicles; (2) paratransit as a complement to fixed route service, with consideration given to undue financial burdens; and (3) public entities operating demand responsive systems. Allows the Secretary of Transportation, in certain circumstances, to temporarily relieve a public entity from the obligation to purchase new buses that are accessible and usable by individuals with disabilities. Lists actions deemed to be discrimination with regard to construction of new facilities or alterations of existing facilities, with special rules for rapid rail and light rail key stations, including an extension of deadlines for extraordinarily expensive structural changes. Lists actions deemed to be discrimination with regard to public transportation programs and activities in existing facilities, with an exception for certain key stations. Requires one accessible car per train. Provides an exception for historic trains. Requires regulations under these provisions to include standards consistent with the minimum ATBCB guidelines and requirements. Part II: Public Transportation by Intercity and Commuter Rail - Lists actions deemed to be discrimination with regard to intercity and commuter rail. Requires one accessible car per train. Requires accessibility standards included in regulations under this part to be consistent with the ATBCB minimum guidelines. Title III: Public Accommodations and Services Operated by Private Entities - Prohibits discrimination on the basis of disability in the enjoyment of any place of public accommodation. Lists actions construed to be discrimination. Prohibits discrimination on the basis of disability in public transportation services provided by a private entity that is primarily engaged in transporting people. Lists actions construed to be discrimination, with an exception for historic or antiquated rail passenger cars. Exempts from this title: (1) private clubs or establishments exempted from coverage under title II of the Civil Rights Act of 1964; and (2) religious organizations or entities controlled by religious organizations, including places of worship. Makes the remedies and procedures set forth in specified provisions of the Civil Rights Act of 1964 available to any person who is being subjected to discrimination on the basis of disability in violation of this title or who has reasonable grounds for believing that such person is about to be subjected to such discrimination. Declares that nothing in these provisions requires a person with a disability to engage in a futile gesture if the person has actual notice that a person or organization covered by this title does not intend to comply with its provisions. Requires, for certain violations, injunctive orders to alter facilities and, in other circumstances as appropriate, injunctive orders to provide an auxiliary aid or service, modify a policy, or provide alternative methods. Directs the Attorney General to investigate alleged violations of this title and undertake periodic reviews of compliance. Provides for certification by the Attorney General that a State law or local building code or similar ordinance meets or exceeds the minimum requirements of this Act. Makes such certification rebuttable evidence that the law or ordinance meets or exceeds the requirements of this Act. Authorizes the Attorney General to commence a civil action in any U.S. district court if there is reasonable cause to believe that any person or group: (1) is engaged in a pattern or practice of discrimination; or (2) has been discriminated against and the discrimination raises an issue of general public importance. Allows a court, in such an action, to: (1) grant equitable relief as appropriate; (2) award other relief including monetary damages to persons aggrieved when requested by the Attorney General; and (3) assess a civil penalty. Requires any person that offers examinations or courses related to applications, licensing, certification, or credentialing for secondary or postsecondary education, professional, or trade purposes to offer the examinations or courses in an accessible place and manner or offer alternative accessible arrangements. Title IV: Telecommunications - Amends the Communications Act of 1934 to define "telecommunications relay services" to mean telephone transmission services that provide the ability for an individual with a hearing or speech impairment to engage in communication by wire or radio with a hearing individual in a manner that is functionally equivalent to the ability of an individual who does not have such an impairment. Requires the Federal Communications Commission (FCC) to ensure that interstate and intrastate telecommunications relay services are available, to the extent possible and in the most efficient manner, to hearing-impaired and speech-impaired individuals. Grants the FCC, in order to carry out these provisions, the same authority regarding intrastate common carriers as it has over interstate common carriers. Requires each common carrier providing telephone voice transmission services to provide telecommunications relay services, individually, through designees, through a competitively selected vendor, or in concert with other carriers. Requires that relay services operate 24 hours a day, every day and that rates be no greater than for voice communications services. Provides for certification by the Commission of State programs to implement intrastate telecommunications relay services. Requires any television public service announcement produced or funded in whole or part by any agency or instrumentality of the Federal Government to include closed captioning. Title V: Miscellaneous Provisions - Declares that a State shall not be immune under the 11th Amendment to the Constitution from an action in Federal or State court for a violation of this Act. Prohibits retaliatory discrimination against any individual because of actions related to this Act. Prohibits coercion, intimidation, or interference with any individual in the exercise or enjoyment of, or on account of having exercised, or aided or encouraged others regarding, any right granted or protected by this Act. Requires the ATBCB to issue minimum guidelines to supplement the existing Minimum Guidelines and Requirements for Accessible Design, including guidelines regarding historic properties. Allows the awarding of reasonable attorney's fees, in certain circumstances, in any action or proceeding under this Act. Directs the Attorney General to develop a plan to assist entities covered under this Act, and other Federal agencies, in understanding their responsibilities under this Act. Authorizes specified Federal agencies to: (1) render technical assistance regarding rights or duties under this Act; and (2) make grants or award contracts with regard to the provision of technical assistance. Directs the National Council on Disability to conduct a study and report on the effects that wilderness designations and wilderness land management practices have on the ability of individuals with disabilities to use and enjoy the National Wilderness Preservation System. Declares that, for this Act, the term "disabled" or "disability" shall not apply to transvestites. Provides for the application of this Act to the Senate, the House of Representatives, the Congress, and all of their instrumentalities. Declares that certain provisions of this Act and of the Fair Labor Standards Amendments of 1989 applying provisions of each Act to the House of Representatives are enacted by the Congress as an exercise of the rulemaking power of the House of Representatives and may be changed as any other rule. Declares that, for this Act and subject to exception, the term "individual with a disability" does not include an individual who is currently engaging in the illegal use of drugs. Excludes homosexuality, bisexuality, and certain conditions from the definition of "disability." Amends the Rehabilitation Act of 1973 to declare that, for title V of that Act and subject to exception, the term "individual with handicaps" does not include an individual who is currently engaging in the illegal use of drugs.
United States · United States Congress · 9 May 1990
SSI Independence Act for Disabled Americans - Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act to exclude from an SSI recipient's income in SSI eligibility and benefit determinations, contributions of clothing and other contributions, other than cash paid directly to the recipient, which are for the purchase of social services, vocational rehabilitation services, medical care, transportation, educational services, personal assistance or attendant care services, and certain services or equipment related to the quality and livability of his or her shelter. Excludes a trust created for an SSI recipient's benefit from such recipient's resources if such recipient does not have access to the trust's assets. Excludes funds or property placed in a trust for an SSI recipient's benefit from such recipient's income. Directs the Secretary of Health and Human Services to provide notices and pamphlets to SSI applicants and recipients informing them of the consequences various actions affecting their income and resources will have on their SSI and Medicaid (title XIX of the Social Security Act) eligibility. Deems SSI applicants who lost disability benefits under title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act after their trial work period to have received SSI benefits while still eligible for OASDI disability benefits and therefore qualify for participation in the SSI work incentive program (providing Medicaid and special SSI cash benefits to disabled individuals whose earnings otherwise make them ineligible for SSI and Medicaid benefits) if they meet SSI income, resource, and disability tests. Provides that reviews to determine the continuing disability of participants in the SSI work incentive program need to be conducted no more frequently than once every 12 months. Excludes spousal income in determining a disabled and working individual's eligibility for participation in the SSI work incentive program. Precludes the attainment of age 65 from serving as a basis for the termination of Medicaid eligibility under the SSI work incentive program. Requires that State supplementary cash payments to the needy include participants in the SSI work incentive program. Excludes impairment-related work expenses from the income of an individual who is eligible for SSI and OASDI disability benefits but receives only State supplementary payments. Treats royalties from the publication of an individual's work and scholarships which have not been used for education expenses as earned income.
United States · United States Congress · 9 May 1990
Comprehensive Alzheimer's Assistance, Research, and Education Act of 1990 (CARE) - Title I: Amendments to the Public Health Service Act - Replaces provisions of the Public Health Service Act authorizing the establishment and operation of Alzheimer's Disease centers with provisions requiring the Director of the National Institute on Aging to make grants and enter into cooperative agreements for planning, establishing, or strengthening at least 15 Alzheimer's Disease Research Centers to support any part of the full range of research and development from very basic to clinical. Requires the Director to award center core grants or enter into cooperative agreements to support shared resources for categorical research. Requires the Director to award grants or enter into cooperative agreements with entities receiving assistance under the Research Centers and center core provisions of this Act to assist in providing high-quality research and services at locations other than the Research Centers. Requires the Director to make grants or enter into cooperative agreements to: (1) attract new or young investigators to careers involving research on biomedical, behavioral, and social aspects of Alzheimer's disease; and (2) develop institutional training programs emphasizing postdoctoral training and training of women and groups underrepresented in such research. Authorizes appropriations for: (1) the grants and cooperative agreements above in this Act; and (2) under existing provisions, awards for leadership and excellence, research on services to individuals with Alzheimer's disease and related dementias and their families, preparation and revision of a plan for certain research related to Alzheimer's disease, and dissemination of research results. Authorizes the Secretary of Health and Human Services, through the Commissioner on Aging, to make grants and enter into contracts for family support demonstration projects. Authorizes the Director to make grants and enter into contracts for long-term care research with regard to Alzheimer's disease and related disorders. Authorizes the Secretary, through the Director of the National Institute of Mental Health, the Administration on Aging, and the National Center for Nursing Research, to make grants and enter into contracts for research on methods for improving the delivery of supportive services to individuals with Alzheimer's disease or related disorders. Authorizes appropriations for family support demonstration projects, long-term care research, and supportive services delivery research. Directs the Secretary to make competitive grants to States for State Alzheimer's disease programs, including medical, legal, educational, health care financing, and other aspects. Requires that 25 to 50 percent of a grant be used in any fiscal year for respite care. Limits grants to: (1) a minimum dollar amount; and (2) one-half of the costs of the research for which the grant is made. Authorizes appropriations. Authorizes the Secretary, through the Director of the National Institutes of Health and the Director of the National Institute of Mental Health (NIMH), to make grants and enter into contracts for basic and clinical research with respect to Alzheimer's disease and related disorders. Authorizes appropriations. Title II: Amendments to the Alzheimer's Disease and Related Dementias Services Research Act of 1986 - Amends the Alzheimer's Disease and Related Dementias Services Research Act of 1986 to require the Council on Alzheimer's Disease to make certain annual reports to the Congress and the public regarding matters related to Alzheimer's disease. Authorizes appropriations for the establishment and operation, under existing provisions, of the Advisory Panel on Alzheimer's Disease. Requires grants under specified existing provisions for Alzheimer's research to focus on specialized care as well as on services. Requires the Director of the NIMH to submit a research plan to the Council annually. Modifies the research to be provided for in the plan. Authorizes appropriations to carry out the responsibilities of the NIMH relating to Alzheimer's disease under the Act. Requires the Administrator of the Agency for Health Care Policy and Research to submit a research plan to the Chairman of the Council annually. Authorizes appropriations to carry out the responsibilities of the Agency under the Act. Replaces provisions requiring education programs for providers of care for individuals with Alzheimer's disease with provisions authorizing the Director of the National Institute on Aging to make grants: (1) on the basis of merit, for training programs and continuing education programs with respect to health care for individuals with Alzheimer's disease or related disorders; and (2) for the development of curricula for the training programs and continuing education programs. Requires the Director to establish the National Alzheimer's Education Program to: (1) provide coordination and leadership in the Federal education and promotion effort; (2) develop and distribute educational materials; (3) encourage and work with the media to provide information; (4) encourage and work with public and private efforts to develop models for education, training, and assistance programs; and (5) provide technical assistance. Authorizes the Director to make grants for programs to educate health care providers and the families of individuals with Alzheimer's disease or related disorders on caring for such individuals, and on the availability of public and private sources of assistance. Authorizes appropriations to carry out educational activities provisions of the Act.
United States · United States Congress · 1 May 1990
California Fish and Wildlife Protection Act of 1990 - Directs the Secretary of the Interior (Secretary) to implement a program to restore the population and habitat of migratory birds and waterfowl, anadromous fisheries, and endangered species in the Central Valley, California. Requires the Secretary to annually review and make such adjustments to assure that fish, wildlife, and habitat restoration goals are met and provide a copy of such review to specified congressional committees. Requires the Secretary to deliver dependable water supplies of suitable quality to certain Central Valley refuges, including additions to or new refuges. Authorizes the Secretary to provide water to other Federal, State, and private wetlands and other fish and wildlife habitat in the Central Valley. Declares the national interest with regard to water conservation in the Central Valley. Requires a report on administrative inhibitions on water conservation by Central Valley Project contractors, and actions which could remove barriers to conservation. Authorizes the Secretary of Energy, acting through the Administrator of the Western Area Power Administration, to utilize power from the Central Valley Project power generation facilities to meet the requirements of this Act. Reserves a minimum portion of the transmission capacity of the Harold T. (Bizz) Johnson California-Pacific Northwest Intertie line to serve the needs of Department of Energy laboratories and wildlife refuges in California. Provides for citizen suits to enforce this Act. Authorizes appropriations. Authorizes the Administrator of the Western Area Power Administration to issue and sell bonds, notes, and similar obligations to assist in repayment of the costs required in carrying out this Act.
United States · United States Congress · 26 April 1990
Recycling Initiatives Grant Act - Amends the Solid Waste Disposal Act to authorize the Administrator of the Environmental Protection Agency to award grants for conducting research on, or developing, innovative techniques for solid waste recycling. Limits the amount of such grants. Authorizes appropriations.
United States · United States Congress · 25 April 1990
National Cooperative Production Amendments of 1990 - Amends the National Cooperative Research Act of 1984 to: (1) apply such Act to joint ventures for the production of any product, process, or service; and (2) require consideration of the worldwide capacity of suppliers to provide a product, process, or service in determining the relevant market for judging the reasonableness of conduct under a joint venture. Makes this Act inapplicable with respect to any activity in connection with a joint production venture if more than 30 percent of the beneficial ownership of the voting securities and equity of such venture is controlled by foreign entities. Requires any facilities operated by such venture to be located within the United States or its territories.
United States · United States Congress · 25 April 1990
Mickey Leland Peace Dividend Housing Assistance Act of 1990 - Title I: Housing for Low-Income Families - Increases FY 1991 through 1995 budget authority for Housing Act of 1937 section 8 existing housing certificates. Amends such Act to revise section 8 tenant selection preferences, including annual reevaluation of family preference. Requires the Secretary of Housing and Urban Development to submit semiannual assisted housing reports to the Congress. Authorizes appropriations. Title II: Community Housing Partnership - Community Housing Partnership Act - Subtitle A: Housing Education and Organizational Support Grants for Community Based Housing Projects - Authorizes the Secretary to provide housing education and organizational support grants to eligible cities and States and directly to nonprofit sponsors and nonprofit organizations. Subtitle B: Community Housing Partnership Grants - Authorizes the Secretary to provide grants to cities and States and grants and loans to nonprofit sponsors for acquisition, construction, and rehabilitation of low- and moderate-income housing. Allocates community partnership housing grants as follows: (1) 60 percent to metropolitan and urban areas; (2) 25 percent to States for non-urban use; and (3) 15 percent to nonprofit sponsors. Subtitle C: General Provisions - Defines specified terms for purposes of this title. Authorizes appropriations for subtitle A. Title III: Recycling of Existing Federal Assets - Recycling of Existing Assets for Cost-Effective Housing Act - Authorizes the Secretary to make grants to States for State housing finance agencies to establish revolving funds for low- to moderate-income rental housing. Requires State matching funds. Requires: (1) States receiving such funds to establish a revolving fund; and (2) agencies to develop affirmative action programs. Sets forth requirements with regard to: (1) rental housing; and (2) eligible properties. Authorizes appropriations. Title IV: Public Housing Development and Modernization - Increases FY 1991 through 1995 budget authority under the Housing Act of 1937 for: (1) public housing development; and public housing modernization. Amends such Act to revise public housing tenant selection criteria, including annual reevaluation of family preference. Title V: Grants for Preservation of Existing Housing and Security in Public Housing - Authorizes the Secretary to make grants for: (1) acquisition and rehabilitation of specified multifamily housing; (2) training and technical assistance to nonprofit sponsors and representative organizations; and (3) public housing security, including Indian public housing. Authorizes appropriations. Title VI: Rural Housing Program Funding - Increases FY 1991 through 1995 budget authority under the Housing Act of 1949 for the following rural housing programs: (1) homeownership loan program; (2) very low-income housing repair loan program; (3) farm labor housing loan program; (4) rural rental housing loan program; (5) farm labor housing grant program; (6) housing preservation grant program; and (7) rental assistance payments program. Extends program authority for: (1) rental housing loans; and (2) rural area classification. Title VII: Supportive Services - Directs the Secretary to carry out a program to coordinate supportive services in federally assisted housing, including such services as: (1) child care; (2) health monitoring; (3) education and job training; and (4) drug and alcohol counseling. Title VIII: Single Room Occupancy Housing for Homeless Families and Individuals - Increases FY 1991 through 1995 budget authority under the Stewart B. McKinney Homeless Assistance Act for section 8 assistance for single room occupancy dwellings. Amends such Act to extend single room occupancy contract authority. Title IX: Miscellaneous - Directs the Comptroller General to audit the Secretary at least annually with respect to activities under this Act, and report to the Congress.
United States · United States Congress · 25 April 1990
Title I: Swap Agreements - Amends Federal bankruptcy law to define "swap agreement" and "swap participant." Exempts various transactions in connection with interest rate and currency swap agreements from the automatic stay triggered by the filing of a bankruptcy petition. Prohibits the trustee in bankruptcy from avoiding any transfer made under a swap agreement before commencement of the bankruptcy case or any setoff in connection with a swap agreement if the offset is made within 90 days prior to the bankruptcy filing. Provides that the contractual right of a nonbankrupt party to a swap agreement to terminate the agreement shall not be stayed or otherwise limited under Federal bankruptcy law or by related judicial or administrative proceedings. Title II: Forward Contracts - Amends Federal bankruptcy law to revise the definition of "forward contract" to include commodities enumerated in the Commodity Exchange Act as well as any similar item which is presently or may in the future become the subject of dealing in the forward contract trade. Designates specified transactions within the definition of "forward contract" including repurchase and reverse repurchase transactions, options, and hedge transactions. Defines margin payments and settlement payments for forward contract purposes. Exempts any set-offs involving such payments from: (1) the automatic stay provisions triggered by a bankruptcy petition; and (2) avoidance powers of the bankruptcy trustee. Provides that a swap participant that receives a margin or settlement payment in connection with a swap agreement takes for value to the extent of such transfer (thus exempting such payments from scrutiny as to whether they are actually fair value for the amount used). Revises the scope of contract rights liquidating a forward contract to include rights not evidenced in writing.
United States · United States Congress · 25 April 1990
Expresses the sense of the Congress that the administration should: (1) be commended for its quick action in addressing the humanitarian crisis in northern Ethiopia; and (2) impress upon Ethiopia's opposition groups that the U.S. attitude toward each such group will be greatly influenced by their cooperation in facilitating relief efforts and by steps they take in negotiating a lasting political settlement. Requests the President to urge: (1) the parties to the conflict in northern Ethiopia to agree to a ceasefire, to accept free passage of relief, and to permit the United Nations (U.N.) to assume a prominent role in coordinating international relief efforts; (2) Soviet President Gorbachev to press the Ethiopian Government to agree to such actions; and (3) nations supplying military assistance to the warring parties in Ethiopia to use their influence to facilitate a ceasefire and end external military flows. Urges the President: (1) until the Ethiopian Government takes such actions, to oppose favorable treatment of such Government by the International Bank for Reconstruction and Development (World Bank) and the International Monetary Fund (IMF), to continue to oppose upgrading of U.S. diplomatic relations with such Government, and to prohibit the importation of Ethiopian coffee; and (2) after the Ethiopian Government takes such actions and has made substantial progress in effecting macroeconomic reform and in negotiating a settlement of Ethiopia's internal wars, to begin the normalization of relations and to support an expanded World Bank and IMF role in Ethiopia.
United States · United States Congress · 24 April 1990
Prohibits the shipment in interstate or foreign commerce of steel jaw leghold traps and of articles of fur derived from animals trapped in such traps. Prescribes criminal penalties for violations of this Act. Directs the Secretary of the Interior to reward nongovernment informers for information leading to a conviction under this Act. Empowers enforcement officials to detain, search, and seize suspected merchandise or documents and to make arrests with and without warrants. Subjects seized merchandise to forfeiture.
United States · United States Congress · 23 April 1990
Contraception and Infertility Research Centers Act of 1990 - Amends the Public Health Service Act to require the Director of the Institute of Child Health and Human Development to make grants and enter into contracts for centers for improving methods of contraception and centers for diagnosing and treating infertility. Requires the Director, subject to appropriations, to provide for three centers with respect to contraception and two centers with respect to infertility. Requires each center to: (1) conduct clinical and other applied research; (2) develop training protocols for and conduct training of physicians, scientists, nurses, and other health and allied health professionals; (3) develop model continuing education programs; and (4) disseminate information to such professionals. Allows a center to use the funds to provide: (1) stipends for health and allied health professionals enrolled in the training programs; and (2) fees to individuals serving as subjects in the clinical trials. Requires each center to use the facilities of a single institution, or be formed from a consortium of cooperating institutions, meeting requirements as prescribed by the Secretary of Health and Human Services. Allows support for a center to be for a period of up to five years, with extensions of one or more periods of up to five years if the center's operations have been reviewed by a peer review group and the group has so recommended. Authorizes appropriations. Amends the Public Health Service Act to direct the Secretary to establish a program of entering into agreements with health professionals, including graduate students, under which the professionals agree to conduct research with respect to contraception or infertility in consideration of the Government agreeing to repay, for each year of such service, not more than a specified amount of the principal and interest of their educational loans. Applies provisions of the National Health Service Corps Loan Repayment Program to this program, except as inconsistent. Authorizes appropriations. Requires amounts appropriated to remain available until the end of the second fiscal year after they are appropriated.
United States · United States Congress · 23 April 1990
Declares that the Congress should: (1) establish a program of research for the development of methods of contraception and methods of diagnosing and treating infertility; (2) provide adequate long-term resources for the program; (3) ensure that Federal programs with respect to sexually transmitted diseases adequately respond to the role of such diseases in infertility; (4) ensure public education on contraception and infertility; (5) establish as Federal goals the development, by the year 2010, of improved barrier methods to protect against pregnancy and diseases, new methods of contraception for use by men, a vaccine-like drug for women that prevents pregnancy for a significant period of time without other specified effects, and new and improved techniques of diagnosing and treating infertility; (6) require the Secretary of Health and Human Services to reestablish the Ethical Advisory Board in order to facilitate research with respect to infertility; (7) review the policies and procedures of the Food and Drug Administration with respect to expediting approval of drugs and devices for use by the public, especially with respect to contraception and infertility; and (8) determine to what extent measures can be implemented by public or private entities to resolve liability issues involved with drugs and devices concerned with contraception and infertility.
United States · United States Congress · 19 April 1990
Department of Veterans Affairs Health Professionals Compensation and Labor-Relations Act of 1990 - Title I: Physicians and Dentists Special Pay - Revises provisions of Federal law relating to special pay for health-care professionals of the Veterans Health Services and Research Administration (HSRA) of the Department of Veterans Affairs (Department). Directs the Secretary of Veterans Affairs, in order to recruit and retain highly qualified physicians and dentists, to provide special pay upon the execution of a written agreement between the Secretary and the individual involved providing that the individual shall serve a required period of obligated service within the HSRA. Provides that such an individual is not entitled to such special pay during the first three years of such service, except at the discretion of the Secretary for full-time services. Prohibits the payment of special pay to those physician and dentist positions for which there is no significant recruitment and retention problem. Outlines requirements of a written agreement, including provisions providing for: (1) a covered period of one to four years; (2) refunding of special pay for unfulfilled service; (3) the waiver of such refund requirement due to circumstances beyond the control of the physician or dentist; and (4) submission to the Secretary of agreements where an individual is entering into a second or subsequent agreement for a specified amount of special pay. Authorizes the Secretary to adjust amounts of special pay to reflect changes in the status of a physician or dentist. Directs the Secretary to provide special pay to eligible full-time physicians based upon specified factors, including: (1) tenure within the HSRA; (2) service in a medical specialty for which it is extremely difficult to recruit and retain qualified professionals; (3) service in certain executive positions; (4) specialty or board certifications; and (5) service in a geographic location for which there are extraordinary difficulties in the recruitment or retention of qualified personnel. Requires the maximum amount of special pay to be paid to the Chief Medical Director (CMD) and the Deputy Chief Medical Director (DCMD). Directs the Secretary to provide special pay to part-time eligible physicians based upon similar factors. Requires the Secretary to pay each such physician an amount of special pay equal to the proportion of full-time service that a physician performs. Directs the Secretary to provide special pay to eligible full-time and part-time dentists based upon similar factors. Prohibits physicians and dentists provided special pay and serving in certain executive positions from being paid scarce specialty pay (another form of special pay that rewards scarce specialty areas of practice). Requires, with regard to the payment of special pay, determinations: (1) that there are extraordinary difficulties in recruitment or retention; (2) of the amount of special pay based upon the special pay factors for each individual; and (3) of whether there are extraordinary difficulties in a specific geographic location in the recruitment or retention of qualified physicians or dentists. Outlines considerations for determinations with respect to extraordinary recruitment and retention difficulties and the payment of scarce specialty pay for individual medical facilities of the Department. Outlines the manner in which special pay is to be considered for purposes of other benefits laws for Federal employees. States that it is the policy of the Congress to assure that total pay for HSRA physicians and dentists is comparable to total pay of other Government physicians and dentists and to the income of non-Federal physicians and dentists. Directs the Secretary: (1) in order to assist in implementing such policy, to obtain measures of income of such non-Department physicians and dentists and to define the bases for pay distinctions; (2) to report to the President quadrennially on appropriate amounts of special pay to HSRA physicians and dentists to carry out such policy; and (3) to report to specified congressional committees annually on the use of authorities under this title. Directs the Secretary to reimburse any full-time board-certified physician or dentist appointed in the HSRA for expenses incurred, up to $1,000 per year, for continuing professional education. Title II: Nurses Pay Grades and Pay Administration - Directs the Secretary to restructure the current nurse pay grades so as to provide four grade levels (entry, intermediate, senior, and director grade levels). Requires the Secretary to maintain the four new grade levels established for nurses employed in the Department. Provides GS-levels for each nurse grade, with appropriate step increments. Requires Department nurses serving as head nurses to receive basic pay at a rate two steps above the otherwise applicable rate. Authorizes the director of a medical center of the Department to provide step promotions or cash bonuses to nurses who have qualifications, experience, or achievements which the director determines exceed the standards for the nurse's current grade. Outlines factors to be considered by the director in making such determinations. Directs the Secretary to provide that the director of a medical center of the Department may appoint a nurse at a basic pay rate in excess of the minimum rate otherwise applicable if necessary to obtain the services of qualified nurses at that medical center. Requires the director to document and include the reasons for taking such action in his or her next budget submission. Repeals a current limitation on the hourly rate of overtime pay permissible for nurses within the Department. Title III: Labor-Management Relations - Revises Federal provisions concerning personnel administration and collective bargaining procedures within the Department. Includes all employees appointed in the HSRA under such provisions. Provides that the authority of the Secretary to prescribe regulations with regard to such employees is subject to the right of Federal employees to engage in the collective bargaining process with respect to conditions of employment. States that such collective bargaining may not cover, or have any applicability to, any matter or question arising out of professional conduct or competence. Provides that the issue of whether a matter concerns or arises out of professional conduct or competence shall be decided by the Secretary and is not subject to collective bargaining. Authorizes the Secretary to prescribe regulations establishing conditions under which employees of the HSRA who are nationally recognized in the area of medical research may be permitted to accept payment from non-Federal entities and individuals for travel and reasonable expenses for attending meetings, performing advisory services, and accepting awards. Requires any person who engages in such extra-professional activities to work a minimum 80-hour biweekly amount. Outlines activities and responsibilities that such a person may not engage in or take on while an employee of the Department. Provides that whenever the CMD brings charges against a Department employee based on conduct or performance and, as a result of those charges, an adverse (disciplinary) action is taken against the employee, the employee shall have the right to appeal the action, either through: (1) a Disciplinary Appeals Board; (2) Department procedures; or (3) grievance procedures provided through collective bargaining, depending on the type of action involved. Requires the Secretary to publish in the Federal Register any proposed regulations concerning the collective bargaining or adverse action procedures. States that Disciplinary Appeals Boards shall have exclusive jurisdiction to review any case: (1) which arises out of a question of professional conduct or competence of an employee of the Department employed on a full-time basis under a permanent appointment; and (2) in which a major adverse action was taken (suspension, transfer, reduction in grade or pay, or discharge). Gives employees involved in such a case the right to: (1) advance written notice of the charges and actions that could be taken if the charges are sustained; and (2) an opportunity to be heard both orally and in writing on such charges. Requires a decision on such case by a deciding official within 21 days after the employee's response to the charges. Allows for a delay in a proposed action for up to one year while an employee seeks counseling or treatment for a condition covered under the Rehabilitation Act of 1973. Allows the Secretary to require an employee to make a written or oral response to the charges within 30 days of receipt, with extension for good cause shown. Outlines further administrative action to be taken by the Board in a major adverse action appeals procedure, together with time limitations involved in each step. States that the Secretary's execution of the Board's decision shall be the final administrative action in the case, with the affected employee entitled to judicial review of the order or decision. Requires the Secretary to prescribe procedures for the consideration of grievances of Department employees arising from adverse actions in which each action taken either: (1) is not a major adverse action; or (2) does not arise out of a question of professional conduct or competence. States that Disciplinary Appeals Boards shall not have jurisdiction to review such matters. States that review of an adverse action shall be provided through either Department procedures or through grievance procedures provided through collective bargaining. Outlines the rights of employees under the Department procedures to: (1) a formal review by an impartial examiner within the Department; (2) a prompt report of findings; (3) a prompt review of the examiner's findings by a higher official; and (4) legal or other representation. Requires the Secretary to appoint Disciplinary Appeals Boards to hear appeals of major adverse actions taken against full-time Department employees based on professional conduct or performance. Authorizes the chairman of such a Board to authorize disclosure to the affected employee of records or information to be reviewed during an appeal procedure. Provides for the protection of the privacy of the individuals whose records are involved. Requires the Secretary to periodically designate Department employees qualified to serve on Disciplinary Appeals Boards and to announce that a list of such qualified employees is available to any person requesting such list. Requires the Secretary to provide training in the functions and duties of such Boards and grievance procedures for employees selected to be on the panel. Title IV: Miscellaneous - Exempts the Veterans Health Services and Research Administration, Medical Care Account from sequestration or reduction under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Authorizes the Secretary to carry out certain administrative reorganizations of regional and district offices as described in a prior communication to the Congress. Requires judges of the U.S. Court of Veterans Appeals to receive the salary rate received by judges of the U.S. Court of Military Appeals. Makes licensed practical nurses, vocational nurses, and nurse assistants eligible for premium pay on the same basis as registered nurses.
United States · United States Congress · 18 April 1990
Homeless Outreach Act of 1990 - Directs the Secretary of Health and Human Services to conduct an outreach program which assists homeless persons in applying for, receiving, and maintaining Social Security Act benefits. Sets forth the scope of such program, requiring: (1) regular visits by outreach personnel to places frequented by the homeless to inform the homeless of, and actively assist them in, applying for benefits; (2) active measures to prevent the inappropriate suspension of benefits to individuals who are homeless, mentally impaired or otherwise unaware of the significance of appealing negative benefit determinations; (3) the immediate restoration of inappropriately suspended benefits; and (4) a final decision on the benefit application of a homeless person within 30 days of its receipt. Authorizes the Secretary to provide: (1) the assistance that may be necessary to ensure that homeless persons appropriately use Social Security Act benefits; and (2) grants to States, local governments, and nonprofit organizations to conduct outreach programs for the homeless.
![Official portrait of Rep. Edwards, Don [D-CA-10]](https://www.congress.gov/img/member/e000064_200.jpg)