United States · United States Congress · 28 February 1990
Twenty-First Century Teachers Act - Title I: Loans Incentives for Teaching - Amends the Higher Education Act of 1965 (HEA) to establish a separate fund for teachers under the National Direct Student Loan (NDSL) program. Authorizes appropriations for FY 1991 through 1995 for the Secretary of Education (the Secretary) to make separate capital contributions to NDSL student loan funds. Requires a student, in order to receive a loan from the special account, to: (1) have completed two undergraduate years; (2) intend to pursue a teaching career; and (3) agree to certain repayment conditions if the student either does not enter full-time teaching within a certain period or ceases such teaching before the end of the five-year service period required for loan cancellation. Gives priority for such loans to minority students, or those otherwise underrepresented in the teaching profession or curricula areas, and to individuals who qualify and need such a loan and who demonstrate high academic achievement and potential for success in teaching. Provides for an expedited loan cancellation option for teaching at certain types of schools. Title II: Financial Assistance for Institutional Recruitment and Retention of Individuals Preparing to Enter the Teaching Force - Directs the Secretary to allocate funds under this title to State educational agencies (SEAs) for grants to institutions of higher education for programs to recruit and retain students, particularly minority students, preparing to enter the teaching profession. Authorizes appropriations. Title III: Professional Development Academies - Directs the Secretary to allocate 80 percent of funds for this title among SEAs, on the basis of number of disadvantaged children, to distribute such funds to consortia of local educational agencies (LEAs) for various activities relating to teacher training. Directs the Secretary, from the remaining 20 percent of funds under this title, to award to specified consortia grants to establish professional development academies to provide interstate, international, or other exemplary programs. Limits such grants to five years, with renewal for one additional five-year period. Authorizes appropriations. Title IV: Teacher Recognition - Teacher of the Year Recognition Act - Directs the Secretary to design and implement a program for teachers designated by the Council of Chief State School Officers as teacher of the year and the national teacher of the year. Directs the Secretary to designate and procure medals to honor such teachers of the year, which shall be presented by the President or a designee. Authorizes the Secretary to work with States, local governments, SEAs, LEAs, and others to encourage development of State and local recognition programs for teachers and other educators.
United States · United States Congress · 28 February 1990
Designates the week of June 24 through June 30, 1990, as National Sheriffs' Week in honor of the 50th anniversary of the National Sheriffs' Association.
United States · United States Congress · 28 February 1990
Calls for: (1) the United States to reaffirm its unequivocal support for the Polish-German border as set after World War II; (2) Chancellor Helmut Kohl to state unequivocally that such border will be respected and preserved; and (3) Poland to be included as an equal participant with the United States, the Soviet Union, the United Kingdom, and France in German unification discussions relating to the borders of a unified Germany and the security of neighboring countries.
United States · United States Congress · 27 February 1990
Establishes the Weir Farm National Historic Site (after impressionist painter J. Alden Weir), Connecticut, as a unit of the National Park System. Authorizes appropriations.
United States · United States Congress · 27 February 1990
Job Corps for Homeless Families Act of 1990 - Amends the Job Training Partnership Act to direct the Secretary of Labor to provide services and facilities to eligible homeless individuals and their families at existing or special Job Corps centers.
United States · United States Congress · 27 February 1990
Mickey Leland Memorial Domestic Hunger Relief Act - Title I: Reducing Childhood Hunger - Amends the Food Stamp Act of 1977 to revise and increase the excess shelter expense deduction for each fiscal year from FY 1991 through FY 1993. Requires the Secretary of Agriculture to adjust the basic benefit level upwards by specified increments at the beginning of each fiscal year from FY 1991 through FY 1995 until it reaches 105 percent of the cost of the thrifty food plan. Directs the Secretary by regulation to provide for emergency allotments to eligible households to replace food lost in a disaster. Excludes from the computation of household income any State allowance (provided at least annually) for obtaining school clothes for children in school or child care. Provides for allotment increases to cover State or local sales taxes for participants in demonstration projects. Requires alternative systems for delivery or use of food stamp benefits to meet standards issued by the Secretary and, where household participation is not optional, to involve retail food stores serving minority populations, but only if necessary special equipment is operational at all registers. Provides food stamp coverage for prepared meals for homeless households. Permits State agencies to develop standard estimates of the shelter and related expenses which homeless households may reasonably be expected to incur in order to certify such households based on reported expenses not exceeding such an estimate. Title II: Promoting Self-Sufficiency - Excludes the first $50 a month received as child support from consideration as income in determining the food stamp allotments of households also receiving Aid to Families with Dependent Children (AFDC) benefits. Increases from $4,500 to $5,500 from January 1 through September 30, 1991, with annual cost-of-living adjustments to follow, the limit on the fair market value of vehicles that food stamp recipients may own. Directs the Secretary to conduct a sufficient number of demonstration projects to evaluate the effects of excluding from such vehicle calculation the value of: (1) any licensed vehicle used for certain income-producing, transportation, or shelter purposes; and (2) one licensed vehicle used for job-related or job-seeking purposes (including commuting), for pursuing education or training, or for securing food or food stamp benefits. Allows States to use their own agency-designed forms instead of forms approved by the Secretary. Directs State agencies to allow a household to select an adult parent of children in the household as its head where all adult household members agree to do so. Allows four States to give priority in the provision of services to voluntary participants (including both exempt and nonexempt), so long as performance standards are maintained. Authorizes an employment and training program to contain programs designed to increase the self-sufficiency of recipients through self-employment. Excludes from the computation of household financial resources any nonliquid resources necessary to allow the household to carry out an approved plan for self-sufficiency. Increases from $25 to $75 the limit for reimbursements to recipients for costs incurred in employment and training activities. Permits otherwise eligible persons who attend an institution of higher learning to receive food stamp benefits if he or she: (1) attends the institution as part of an employment and training program; or (2) is over 50, registered for employment, and subject to employment or training requirements. Revises the exclusion of educational expenses from the computation of household incomes. Excludes from the computation of household incomes housing assistance payments made to a third party on behalf of a household residing in transitional housing for the homeless. Title III: Simplifying Program Administration - Requires parents and children (regardless of age) who live together to apply for food stamps as a single household. Directs the Secretary to conduct five demonstration projects, in both rural and urban areas, under which households in which each member receives AFDC benefits shall receive monthly food stamp allotments following AFDC rules and procedures, without regard to the eligibility, benefit, and administrative rules of the food stamp program. Requires the Secretary to issue rules under which State agencies must develop standards for identifying (for exclusion as inaccessible resources) those kinds of resources the household is unlikely to sell for any significant return because its interest is so slight or the cost of selling would be so great. Provides that a food stamp office need not consider any resources that the AFDC or supplemental security income benefit programs have already determined to be exempt. Directs State agencies to require only one adult representative of a household to sign all declarations required in the application process on behalf of the household. Makes recipients of State or local general assistance programs categorically eligible for food stamps. Reduces from 30 to ten days the deadline for households convicted of food stamp fraud to decide how to repay their over issuances. Establishes a Commission on the Coordination of Family Support and Food Stamp Policies to report to the President and the Congress on AFDC and food stamp program policies, recommending how to eliminate barriers to participation in both programs. Authorizes appropriations. Title IV: Hunger in Rural America - Requires State agencies to designate rural project areas where low-income persons face substantial difficulties in getting transportation. Requires issuance of coupons by mail in such areas, except where households experience mail losses exceeding certain levels. Allows States to assist households with the food stamp application process. Directs the Secretary to exclude from financial resources the value of a vehicle a household depends upon to carry heating fuel or water for home use where it has no other access to fuel or water. Title V: Promoting Access for the Elderly and Disabled - Declares that State agencies, with respect to the excess medical deduction for the elderly and the disabled, shall not require further verification of a change in medical expenses if the change has been anticipated for the verification period. Requires annual adjustments to the value of the minimum food stamp benefit. Permits State agencies to establish a procedure allowing households whose regular food stamp benefits do not exceed $20 per month to receive up to $60 worth for intervals of up to three months. Requires that any applicant for or recipient of supplemental security income benefits be informed of the availability of food stamp benefits. Title VI: Program Administration by State Agencies - Prohibits the application of disallowances for erroneous issuances or similar actions to any State for a fiscal year before FY 1991. Directs the Secretary, by specified deadlines, to develop standards for initial approval of automated data processing and information retrieval systems for State agencies, as well as written procedures and standards for initial and continued approval reviews. Sets alternative deadlines for full operation of such systems, the later being September 30, 1993. Provides for waivers of ADC system requirements where their application would not significantly improve the efficiency of a State agency's administration. Title VII: Reauthorization of Programs - Reauthorizes through FY 1995: (1) the food stamp program; (2) the nutrition assistance program for Puerto Rico; (3) the temporary emergency food assistance program under the Temporary Emergency Food Assistance Act of 1983; (4) the soup kitchen and food bank programs under the Hunger Prevention Act of 1988; (5) the commodity distribution and supplemental food programs under the Agriculture and Consumer Protection Act of 1973; (6) the distribution of surplus commodities to special nutrition projects under the Agriculture and Food Act of 1981; and (7) the nutrition education program under the Food Security Act of 1985. Title VIII - Amends the Commodity Distribution Reform Act and WIC Amendments of 1987 to require biennial reports to the Congress on food bank projects. Amends the Agriculture and Consumer Protection Act of 1973 to establish a Commodity Supplemental Food Program for the Elderly. Amends the Hunger Prevention Act of 1988 to set forth the National Gleaning Clearinghouse Act of 1990. Establishes a National Gleaning Clearinghouse to share information on available, unused food that could be distributed through the emergency feeding network. Title IX: Effective Dates - Sets forth the effective dates of provisions of this Act.
United States · United States Congress · 27 February 1990
Declares it to be U.S. policy that there should be: (1) recognition and commemoration of the 25th anniversary of Federal aid to elementary and secondary education; (2) a renewed, sustained commitment to Federal aid to educating children who are disadvantaged members of special populations, with limited English proficiency, or with handicaps, and illiterate adults; and (3) a specified annual increase in funding for the program for disadvantaged children under the Elementary and Secondary Education Act of 1965.
United States · United States Congress · 22 February 1990
Medicaid AIDS and HIV Amendments of 1990 - Amends title XIX (Medicaid) of the Social Security Act to allow each State to provide Medicaid coverage of HIV-related services for individuals who have the HIV virus and an abnormally low immune function for which medical intervention is indicated and whose income and resources do not exceed the maximum amounts allowed under the State Medicaid program for disabled individuals. Allows States to provide Medicaid home and community-based services to children who have acquired immune deficiency syndrome (AIDS). Applies the same income and resource eligibility standards as would apply if such children were hospitalized. Requires States to increase payments for inpatient hospital services delivered to Medicare (title XVIII of the Social Security Act) beneficiaries with AIDS by hospitals serving high volumes of AIDS victims. Permits States to provide Medicaid coverage of the premiums charged individuals who are eligible for continued employer group health plan coverage after their loss of employment if such individuals also have the HIV virus and an income at or below the Federal poverty level.
United States · United States Congress · 22 February 1990
Benjamin Franklin Memorial Fire Service Bill of Rights Act - Title I: Minting of Benjamin Franklin National Memorial Commemorative Coin - Benjamin Franklin National Memorial Commemorative Coin Act - Provides for the sale of Benjamin Franklin commemorative coins at a surcharge of which 25 percent shall be paid to the Benjamin Franklin National Memorial and the remainder be distributed in specified percentages to the National Fire Center and Museum Account, the National Hero Scholarship Account, the Firefighter Tuition Assistance Account, the Hazardous Materials Response Computer Account, the Research and Education Account, and the Burn Research Grant Account of the Firefighter Assistance Trust Fund (Fund). Prohibits the issuance of such coins from resulting in any net cost to the Federal government. Title II: Fire Service Bill of Rights - Fire Service Bill of Rights Act - Amends the Federal Fire Prevention and Control Act of 1974 to establish a fire service bill of rights. Establishes the National Fire Center and Museum in the District of Columbia to provide information about the fire service and safety to the public and fire services. Establishes a National Hero Scholarship to fund the higher education of a child, spouse, or dependent parent of a deceased firefighter. Establishes a scholarship providing tuition assistance to firefighters for higher education in fire safety or protection. Authorizes the Administrator of the United States Fire Administration to use amounts in the Research and Education Account of the Fund to fund other specified programs under the Fire Prevention and Control Act of 1974 and the provision of information concerning surplus Federal property and infectious diseases pursuant to this Act. Establishes the Firefighter Assistance Trust Fund. Places the National Academy for Fire Prevention and Control within the United States Fire Administration. Directs the Administrator to provide States with funds from the Hazardous Materials Response Computer Account of the fund for distribution to local fire services that wish to purchase computer equipment. Directs the Administrator to make a grant from the Burn Research Grant Account of the Fund to one national firefighter's burn foundation dedicated to reducing burn injuries. Requires the Administrator to prepare and make available to fire services, upon request, a manual describing Federal procedures for disposing of surplus property and highlighting how fire services could obtain such property. Directs the Administrator to distribute to such marshals information on the infectious diseases to which firefighters are particularly vulnerable. Permits the Administrator, in certain circumstances, to award to a domestic firm a contract that, under the use of competitive procedures, would be awarded to a foreign firm.
United States · United States Congress · 22 February 1990
Adolescent Nutritional Equity Act - Amends the National School Lunch Act to restore eligibility for food supplement benefits under the dependent care food program to adolescent youth 18 years of age or under. Makes children with disabilities eligible for such benefits at any age.
United States · United States Congress · 22 February 1990
International Voluntary Family Planning Assistance Act of 1990 - Authorizes appropriations for international population planning assistance. Earmarks a specified amount of such funds for the United Nations Population Fund if: (1) the Fund maintains such funds in a separate account, without commingling; (2) none of the funds are made available for China; and (3) any agreement to obligate such funds expressly states that the full amount granted by the agreement will be refunded to the United States if U.S. funds are used for family planning in China or abortions in any country. Prohibits any funds appropriated under this Act from being used for abortions.
United States · United States Congress · 22 February 1990
Calls for the retention of sanctions against South Africa under the Comprehensive Anti-Apartheid Act until all conditions for the termination of sanctions are fulfilled and a democratic political process is established.
United States · United States Congress · 21 February 1990
OSHA Criminal Penalty Reform Act - Amends the Occupational Safety and Health Act of 1970 (OSHA) to increase criminal penalties (fines and prison sentences) for specified violations. Makes criminal offenses, with specified penalties under OSHA, willful violations of OSHA standards, rules, or regulations if they: (1) result in serious bodily injury to an employee; or (2) recklessly endanger an employee. Makes corporate directors, officers, or agents of employers liable for the same penalties as employers directly involved in OSHA violations, if such individuals are found to have willfully authorized, ordered, or acquiesced in such violations. Prohibits penalties or fines from being paid for such individuals from corporate funds. Provides that nothing in OSHA shall preclude State and local law enforcement agencies from conducting criminal prosecutions under State or local laws.
United States · United States Congress · 21 February 1990
National Disaster Preparedness Inventory Act of 1990 - Amends the Disaster Relief Act of 1974 to require the Director of the Federal Emergency Management Agency to: (1) establish the Committee on Standards to identify resources and establish standards for those resources needed to provide relief and assist in search and rescue operations following a major disaster or emergency; (2) inventory resources identified by the Committee that are available to the Federal Government for such uses in a manner as to facilitate the dispatch of resources on a regional basis; (3) make the inventory available to the Governor of each State for requesting Federal assistance after a major disaster or emergency; (4) prepare a plan to deploy such resources to major disaster or emergency sites following the declaration of such by the President; and (5) request all Governors to identify the public safety officials responsible for coordinating or overseeing State and local responses to disasters and emergencies. Requires such officials to have direct and immediate access to information in the inventory to expedite State and local responses to disasters and emergencies not declared as such by the President.
United States · United States Congress · 20 February 1990
Supports the right of citizens to conduct peaceful and lawful demonstrations. Condemns the acts of physical violence of demonstrators who, on January 31, 1990, threw blood on the columns and steps of the U.S. Capitol and, on February 17, 1990, threw blood on the entrance gate to the White House. Urges that such demonstrators be prosecuted and charged with a felony.
United States · United States Congress · 7 February 1990
Civil Rights Act of 1990 - Amends the Civil Rights Act of 1964 to provide that: (1) once a complainant has demonstrated that an employment practice results in a disparate impact on the basis of race, color, religion, sex, or national origin, the respondent has the burden of proving that the practice is justified by business necessity; (2) a complainant need not demonstrate which of a group of practices results in the demonstrated disparate impact; and (3) a respondent need not show business necessity for a specific practice within a group of practices if the respondent shows that that practice does not contribute to the disparate impact. Declares that an unlawful employment practice is established on a demonstration that race, color, religion, sex, or national origin was a motivating factor for any employment practice, even though such practice was also motivated by other factors, but bars certain types of relief if the respondent establishes that it would have taken the same action in the absence of any discrimination. Prohibits a challenge to an employment practice that implements a litigated or consent judgment or order resolving a claim of employment discrimination: (1) by a person who had certain types of notice and opportunity; (2) by a person whose interests were adequately represented by another person who challenged the judgment or order; or (3) if reasonable efforts were made to provide notice to interested persons. Increases to two years the time limit within which a charge of an unlawful employment practice must be filed. Removes provisions setting a separate time limit for charges initially filed with a State or local agency. Declares that a seniority system or practice which is part of a collective bargaining agreement is an unlawful employment practice if it was included in the agreement with the intent to discriminate. Allows, except for disparate impact cases, for compensatory damages (but not back pay) and, where there is malice or reckless or callous indifference, for punitive damages. Allows any party, where compensatory or punitive damages are sought, to demand a jury trial. Includes expert fees and other litigation expenses in any attorney's fees awarded. Prohibits a consent order or judgment settling a claim unless the parties and their counsel attest that a waiver of attorneys' fees was not compelled as a condition of the settlement. Allows to the prevailing party in the original action an award of attorney's fees and costs in defending a challenged judgment or order. Increases to 90 days after final action by a Federal agency the time limit for a Federal employee to bring a civil action. Allows to Federal employees the same interest to compensate for delay in payment as in cases involving non-public parties. Requires Federal civil rights laws to be broadly construed to effect their purpose to eliminate discrimination and provide effective remedies. Prohibits, except as expressly provided, any Federal civil rights law from being construed to restrict or limit the rights, procedures, or remedies available under any other Federal civil rights law. Declares that, for purposes of provisions relating to equal rights under the law, the right to make and enforce contracts includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship.
United States · United States Congress · 7 February 1990
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to increase (from 50 to 75 percent) the Federal share of funds provided under the drug control and system improvement grant program.
United States · United States Congress · 7 February 1990
Revises the computation of retirement annuities for part-time employees of the Veterans Health Services and Research Administration of the Department of Veterans Affairs who retired between September 20, 1986, and the date of enactment of this Act.
United States · United States Congress · 6 February 1990
Expresses the sense of the Congress that: (1) the right of self-determination should be restored to the people of Lithuania through free and fair elections conducted under the auspices of an international commission; and (2) the withdrawal of all non-Lithuanian military forces and political, administrative, and police personnel from Lithuania prior to the February 24, 1990, scheduled elections will enhance the prospects that the elections will be free and fair.
United States · United States Congress · 5 February 1990
Designates September 21, 1990, as National POW/MIA Recognition Day. Recognizes the National League of Families POW/MIA flag as the official symbol of the United States' commitment to resolving the fates of Americans still prisoner or missing in action in Southeast Asia.
United States · United States Congress · 1 February 1990
Medicaid Frail Elderly Community Care Amendments of 1990 - Amends title XIX (Medicaid) of the Social Security Act to permit States to provide Medicaid coverage of community care for functionally disabled elderly individuals. Considers individuals who are unable to perform at least two daily living activities or who have Alzheimer's disease and require substantial assistance or supervision as functionally disabled individuals. Defines a covered community care setting as a nonresidential setting or a residential setting in which more than two unrelated adults reside and personal services are provided. Requires that community care be provided to each client in accordance with an individual community care plan (ICCP) prepared and periodically reviewed and revised by a community care case manager on the basis of the manager's consultation with the client and a comprehensive functional assessment of a client's needs conducted by an interdisciplinary team before his or her receipt of care and at least annually thereafter. Sets a ceiling on Medicaid payments to States for community care. Reduces Federal Medicaid payments to States that reduce their Medicaid community care expenditures below their FY 1990 expenditures for such care. Requires that community care and community care settings meet requirements, to be developed by the Secretary of Health and Human Services, concerning client rights, the quality of such care, and safety and sanitation. Imposes specified minimum requirements on such care and settings, including certain Medicaid requirements currently applicable to nursing facilities. Requires that community care settings: (1) disclose persons having an ownership or control interest in the setting; and (2) exclude a person from such interest if he or she has been excluded from the Medicaid program or had an interest in a community care setting repeatedly found to have provided substandard care. Makes: (1) the Secretary responsible for certifying that State community care providers and settings comply with Medicaid requirements; and (2) States responsible for certifying that other community care providers and settings comply with Medicaid requirements. Requires that providers and settings be certified annually. Bases community care setting certification on an annual, unannounced survey. Directs the Secretary to: (1) develop a protocol for conducting surveys; and (2) conduct sample surveys of community care settings, within two months of State surveys, to test the adequacy of State surveys. Authorizes the Secretary to conduct a special survey of a setting or a review of a provider when there is reason to question its compliance with this Act. Prohibits the use of surveyors who have an interest in the provider or setting being surveyed. Requires States and the Secretary to investigate complaints against providers or settings concerning violations of this Act's requirements. Requires each State to provide, through the State agency responsible for the certification of such providers and settings, for the receipt, review, and investigation of allegations of client neglect and abuse, and of misappropriation of client property by providers. Requires that: (1) certain information regarding providers and settings and their compliance with this Act's requirements be made available to the public; and (2) State Medicaid fraud and abuse control units be given access to provider or setting survey and certification information. Requires that when the Secretary or State determines that a provider's or setting's deficiencies immediately jeopardize the client's health and safety, immediate action be taken to remove the jeopardy and correct the deficiencies or the provider's or setting's participation in Medicaid be terminated. Authorizes the Secretary or States to terminate a community care provider's participation in the Medicaid program and to impose a civil monetary penalty for failure to meet this Act's requirements. Sets forth the Secretary's responsibilities relating to community care requirements. Requires that State Medicaid payment rates for community care be reasonable and adequate to meet the costs of providing such care efficiently, economically, and in accordance with applicable laws, regulations, and standards. Prohibits the coverage of substandard community care, penalties imposed for such care, and community care furnished by family members.
United States · United States Congress · 1 February 1990
Amends the National Labor Relations Act to make it an unfair labor practice for an employer to offer or grant: (1) permanent replacement employee status during a labor dispute; or (2) any employment preference to an individual who worked or indicated a willingness to work during a labor dispute over an employee who exercised specified rights during such dispute.
United States · United States Congress · 1 February 1990
Title I: Short Title - Medicaid Community and Facility Habilitation Services Amendments of 1990 - Title II: Community and Facility Habilitation Services Amendments - Part A: Community Habilitation and Supportive Services - Amends title XIX (Medicaid) of the Social Security Act to authorize States to cover community habilitation and supportive services for individuals with mental retardation or related conditions without regard to whether or not such individuals have been discharged from a nursing or habilitation facility. Defines community habilitation and supportive services as services which assist individuals in developing and maintaining the skills necessary to function successfully in a home or community-based setting. Requires that community habilitation and supportive services be provided to each client in accordance with an individual habilitation plan prepared and periodically reviewed and revised by an interdisciplinary team on the basis of a comprehensive functional assessment of a client's needs conducted before his or her receipt of services and at least annually thereafter. Requires that such services meet minimum requirements, to be developed by the Secretary of Health and Human Services, regarding client rights and service quality. Makes the requirements imposed on habilitation facilities (under this Act) regarding patient's rights and facility safety and sanitation applicable to residential settings in which community habilitation and supportive services are provided. Requires that residential settings: (1) disclose persons having an ownership or control interest in the setting; and (2) exclude a person from such interest if he or she has been excluded from the Medicaid program or had an interest in a residential setting repeatedly found to have provided substandard care. Requires a habilitation facility which converts to a residential setting to continue to provide continuous active treatment to residents who required such treatment at the time of conversion. Requires a residential setting to document a client's receipt of medical services. Excludes settings in which fewer than three unrelated adults reside from the definition of a "residential setting." Makes the: (1) Secretary responsible for certifying that State providers of community habilitation and supportive services and residential settings in which such services are provided comply with Medicaid requirements; and (2) States responsible for certifying that other providers of and residential settings for such services comply with Medicaid requirements. Requires each State to: (1) conduct periodic educational programs for the staff and clients in residential settings for community habilitation and supportive services regarding requirements imposed on such setting; and (2) provide, through the State agency responsible for the certification of such providers and residential settings, for the receipt, review, and investigation of allegations of client neglect and abuse and of misappropriation of client property by providers. Requires that such providers and settings be certified annually. Provides States with no Federal Medicaid coverage for the costs of carrying out such quality assurance activities. Authorizes States to reward providers of community habilitation and supportive services who provide the highest quality of care. Bases residential setting certification on an annual, unannounced survey. Directs the Secretary to: (1) develop a protocol for conducting surveys; and (2) conduct sample surveys of residential settings, within two months of State surveys, to test the adequacy of State surveys. Authorizes the Secretary to conduct a special survey of a setting or a review of the provider when there is reason to question its compliance with this Act. Prohibits the use of surveyors who have an interest in the provider or setting being surveyed or have not completed a training and testing program approved by the Secretary. Requires States and the Secretary to investigate complaints against providers or settings concerning violations of this Act's requirements. Requires that: (1) certain information regarding providers and settings and their compliance with this Act's requirements be made available to the public; and (2) the State agency responsible for the protection and advocacy system for the developmentally disabled and the guardians of clients be notified of a provider's or setting's noncompliance with this Act's requirements. Gives State Medicaid fraud and abuse control units access to provider or setting survey and certification information. Requires that when the Secretary or State determines that a provider's or setting's deficiencies immediately jeopardize the client's health and safety, immediate action be taken to remove the jeopardy and correct the deficiencies or the provider's or setting's participation in Medicaid be terminated. Directs the Secretary and States to apply certain other remedies where the health and safety of clients are not immediately jeopardized. Requires the imposition of civil money penalties against providers and settings which are, or are found to have been, out of compliance with any of this Act's requirements. Sets forth the Secretary's responsibilities relating to community habilitation and supportive service requirements. Eliminates the restriction of the Medicaid waiver for community habilitation services to individuals who have been discharged from a skilled nursing or intermediate care facility. Directs the Secretary to report to the Congress: (1) annually, on the extent to which providers and residential settings are complying with this Act's requirements and the number and type of enforcement actions taken by the Secretary and the States; and (2) by January 1, 1993, on the effectiveness of existing outcome-oriented instruments and methods in evaluating and assuring the quality of community habilitation and supportive services. Part B: Quality Assurance for Habilitation Facility Services - Defines a "habilitation facility" as an institution primarily engaged in providing health or habilitation services to individuals with mental retardation or related conditions and not primarily for the care and treatment of mental diseases. Sets forth requirements for habilitation facilities, including requirements that such facilities: (1) promote maintenance or enhancement of the quality of life, independence, productivity, and integration into the community of each client; (2) provide continuous active treatment which is coordinated and monitored by a qualified mental retardation professional; (3) provide such treatment in accordance with an individual program plan prepared and periodically reviewed and revised by an interdisciplinary team of professionals on the basis of an assessment of a client's developmental and behavioral management needs conducted upon the client's admission and at least annually thereafter; (4) not admit any new client with mental retardation or a related condition on or after January 1, 1992, unless the State mental retardation or developmental disability authority has determined on the basis of an evaluation performed independently of the facility that the individual requires habilitation facility services; (5) provide physician services 24 hours a day, annual physical examinations, licensed nursing services, comprehensive dental diagnostic and treatment services, routine and emergency drugs and biologicals, professional program services to implement each client's active treatment plan, and meal services; (6) require a physician's supervision of each patient's care, have a physician available to furnish emergency medical care, and maintain clinical records on all clients; (7) protect specified client rights, including the right to appeal a transfer or discharge and receive post-discharge preparation and planning services; (8) provide applicants and residents with information regarding the Medicaid program and not require applicants to waive their rights to such benefits or have a third party guarantee payment to the facility as a condition of their admission; (9) protect a client's personal funds upon the client's authorization and teach clients to manage their funds to the extent of their capabilities; (10) adopt certain measures to preserve facility safety and sanitation; and (11) meet such other conditions which the Secretary of Health and Human Services deems necessary for client health and safety. Sets forth the Secretary's responsibilities relating to habilitation facility requirements. Makes the Secretary responsible for certifying that State habilitation facilities comply, and States responsible for certifying that other habilitation facilities comply, with Medicaid habilitation facility requirements. Requires each State to: (1) conduct periodic educational programs for habilitation facility staff and clients regarding the requirements imposed on such facilities; and (2) provide, through the State agency responsible for the certification of habilitation facilities, for the receipt, review, and investigation of allegations of client neglect and abuse and of misappropriation of client property by facility staff. Bases habilitation facility certification on an annual, unannounced survey. Directs the Secretary to: (1) develop and test a protocol for conducting surveys; (2) establish minimum qualifications for surveyors and train them in survey and certification techniques; and (3) conduct sample surveys of habilitation facilities, within two months of State surveys, to test the adequacy of State surveys, and reduce Federal payments for State Medicaid administrative costs if such State surveys prove inadequate. Authorizes the Secretary to conduct a special survey of a facility when there is reason to question its compliance with this Act. Requires States and the Secretary to investigate complaints against a facility and monitor the compliance of a facility with this Act's requirements if the facility was previously found out of compliance or the State or Secretary has reason to question its compliance. Requires that: (1) certain information regarding habilitation facilities and their compliance with this Act's requirements be made available to the public; (2) the State agency responsible for the protection and advocacy system for the developmentally disabled and the guardians of facility clients be notified of a facility's noncompliance with this Act's requirements; and (3) mail survey results to the parents or legal representative of each client and make such results available to the public upon request. Gives State Medicaid fraud and abuse control units access to facility survey and certification information. Requires that when the Secretary or a State determines that a habilitation facility's deficiencies immediately jeopardize residents' health and safety, immediate action be taken to remove the jeopardy and correct the deficiencies or such facility's participation in Medicaid be terminated. Directs the Secretary and States to apply certain other remedies where the health and safety of facility residents are not immediately jeopardized. Authorizes the imposition of civil money penalties against facilities found to be in compliance with this Act's requirements but to have been out of compliance previously. Provides that if a facility is out of compliance with any of this Act's requirements three months after having been found out of compliance with such requirements or on three consecutive annual surveys, Medicaid payments for newly admitted residents shall be denied, civil monetary penalties assessed and collected, and, in the latter case, on-site monitoring of the facility's compliance shall be established. Allows States to establish a program rewarding habilitation facilities that provide the highest quality of care to Medicaid-eligible clients. Provides that when a facility is found to have deficiencies relating to the facility's physical plant that do not immediately jeopardize the health or safety of its clients, the State may submit to the Secretary a written plan for permanently reducing the number of certified beds in such facility within 36 months of such finding and providing services, including community habilitation and supportive services, to clients who thereby cease to receive facility services. Requires that Medicaid-eligible clients be given the option of retaining facility services. Requires the Secretary to report to the Congress annually on the extent to which habilitation facilities are complying with this Act's requirements and the number and type of enforcement actions taken by States and the Secretary. Part C: Appropriate Placement for Individuals with Mental Retardation or a Related Condition - Requires that State mental retardation or developmental disability authorities conduct preadmission and annual reviews of habilitation facility applicants and residents with mental retardation or related conditions to determine whether they require facility services or community habilitation and supportive services. Directs that such preadmission and annual reviews be conducted in accordance with criteria to be developed by the Secretary by July 1, 1991. Requires States to provide community habilitation and supportive services for facility clients who need such services but no longer need habilitation facility services. Requires States to establish an appeals procedure for individuals adversely affected by such preadmission and annual reviews. Eliminates existing utilization review and penalty provisions directed at the provision of services in an intermediate care facility for the mentally retarded. Part D: Payment for Community Habilitation and Supportive Services and Habilitation Facility Services - Covers the reasonable and adequate costs of community habilitation and supportive services and habilitation facility services, without distinguishing, in payment amounts, between State-operated providers and other providers. Prohibits Medicaid reimbursement of providers or facilities for civil monetary penalties imposed pursuant to this Act. Part E: Employee Protections and Miscellaneous - Provides employment protections for employees affected by habilitation facility closures or capacity reductions occurring after this Act's enactment. Authorizes States to assign specific management functions relating to the provision of Medicaid services to individuals with mental retardation or related conditions to State agencies responsible for developmentally disabled individuals.
United States · United States Congress · 31 January 1990
Budget Process Reform Act of 1990 - Title I: Repeal of Part C of the Balanced Budget and Emergency Deficit Control Act of 1985 and Amendments Relating to the President's Budget - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to repeal provisions concerning: (1) emergency powers to eliminate deficits in excess of maximum deficit amounts, including sequestration; and (2) prohibitions against the Presidents budget exceeding the maximum deficit amount. Title II: Permanent Amendments to the Congressional Budget and Impoundment Control Act of 1974 - Amends the Congressional Budget and Impoundment Control Act of 1974 to revise the congressional budget process, including the budget timetable. Removes prohibitions against exceeding the maximum deficit amount through the concurrent resolution on the budget. Excludes from budget totals: (1) government-sponsored enterprises; and (2) changes in the level of new budget authority, new spending requirements, outlays, or revenues resulting from new timing shifts. Provides for credit and deposit insurance accounting. Amends the Congressional Budget Act of 1974 to revise provisions regarding fiscal procedures and to add procedures governing contract or borrowing authority, direct loan obligations or loan guarantee commitments, and offsetting collections. Requires the Congressional Budget Office to use revenue estimates prepared by the Joint Committee on Taxation, if timely received for purposes of providing information on legislation affecting income, payroll, excise, estate or gift taxes. Requires the Congressional Budget Office to include in its report to the Budget Committees five-year projections of fiscal spending, revenues, and tax expenditures. Title III: Debt Legislation - Requires conference reports on concurrent resolutions on the budget to be considered first in the House of Representatives. Title IV: Pay-As-You-Go - Pay-As-You-Go Act of 1990 - Provides for calculating the baseline (a projection of base-year levels of new budget authority, outlays, revenues, and the surplus or deficit into the budget year and the outyears based on laws enacted before the beginning of the budget year), the budget base during the deficit reduction period, and the budget base during the budget neutrality period. Establishes the budget year deficit requirement for FY 1991, 1992, and 1993. Sets forth multiyear requirements for the deficit reduction period. Requires the Congress to use baseline and budget base estimates prepared by the Congressional Budget Office. Requires the President's budget to meet deficit requirements set forth under this Act. Title V: Conforming Amendments - Makes amendments to Federal law, the Standing Rules of the Senate, and the Rules of the House of Representatives to conform to provisions of this Act.
United States · United States Congress · 31 January 1990
Rape and Incest Victims' Choice Resolution - Expresses the sense of the House of Representatives that Federal Medicaid (title XIX of the Social Security Act) funding should be available for the abortion of pregnancies resulting from rape or incest if such acts, considering the physical and mental state of the women involved, are reported promptly.
United States · United States Congress · 30 January 1990
Provides for all Federal civilian and military retirees to receive the full cost-of-living adjustment in annuities payable under Federal retirement systems for FY 1991. (Includes benefits payable under the Civil Service Retirement and Disability System, military retirement and survivor benefit programs, the Foreign Service Retirement and Disability System, the Central Intelligence Agency Retirement and Disability System, and railroad retirement programs.)
United States · United States Congress · 30 January 1990
Expresses the sense of the Congress that: (1) the current inquiries into the activities of the British West Midlands Crime Squad must be extended to cover the period of the Birmingham bombings of November 21, 1974; (2) the British Prime Minister should call upon the British Home Secretary to reopen the case of the Birmingham Six (those convicted for the bombings); (3) the convictions of such individuals should be quashed; and (4) the President should raise with the British Prime Minister concern for the basic human rights violations and miscarriage of justice arising from the continued incarceration of such individuals.
United States · United States Congress · 30 January 1990
Expresses the sense of the Congress that: (1) it would be inequitable for Civil Service retirees to receive smaller cost-of-living adjustments to their pensions than Social Security retirement beneficiaries; and (2) any budget adopted by the Congress should provide for full cost-of-living adjustments for all individuals receiving a Federal retirement pension or benefit.
United States · United States Congress · 24 January 1990
Extends the otherwise-applicable ten-year delimiting period for the use of veterans' educational assistance in the case of Vietnam veterans who received special pay while performing active service in Vietnam by one day for each day in which such veteran performed such service.
United States · United States Congress · 23 January 1990
Authorizes the Secretary of Education to provide financial assistance to the Washington Center for Internships and Academic Seminars for construction and related costs of a student residence and classroom building in Washington, D.C. Authorizes appropriations for FY 1991 through 1993.
United States · United States Congress · 23 January 1990
Government Printing Office Improvement Act of 1990 - Prohibits the obligation or expenditure of appropriated funds by any executive branch entity to: (1) establish any in-plant printing facility unless such facility has been specifically authorized by law; or (2) procure any printing or other information products and services related to the production of Government publications (including forms) from commercial sources unless such procurement is by or through the Government Printing Office (GPO). Requires printing and other information products and services authorized by law, which the Public Printer is not able or equipped to do at GPO, to be produced elsewhere under contracts made by the Public Printer with the approval of the Joint Committee on Printing. Requires the Superintendent of Documents to include data on information services in the comprehensive index of public documents. Authorizes the Superintendent to allow depository libraries access to information services subject to agreement between the Superintendent and the Government component issuing the service on the terms and conditions of access, including cost sharing arrangements.
United States · United States Congress · 23 January 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.
United States · United States Congress · 23 January 1990
Boot Camp Prison Demonstration Program Act of 1990 - Directs the Attorney General, acting through the Director of the Bureau of Prisons, to establish four military-style boot camp prisons within the Federal prison system. Requires the Attorney General to ensure that such prisons provide educational and counseling programs as part of the inmates' confinement. Amends the Federal criminal code to provide such prisons as a sentencing option and an alternative to conventional prisons for defendants who: (1) are sentenced to 12 to 16 months in prison; (2) are under 25 years of age; (3) are able-bodied; (4) have been convicted of a serious but nonviolent offense; (5) have no serious prior criminal history; and (6) consent to such confinement. Credits an inmate placed in a prison boot camp with three days toward completion of the sentence for each day served in such camp. Terminates such prisons five years after this Act's enactment. Directs the Attorney General to evaluate such prisons and report to the Congress within four and one-half years with respect to the efficacy of such prisons with an assessment of: (1) recidivism rates of defendants sentenced to boot camp prisons as compared to similar defendants not sentenced to such prisons; and (2) the cost effectiveness of such prisons as compared to conventional prisons. Authorizes the Attorney General, after consultation with the Secretary of Defense, to use closed military facilities for such prisons. Authorizes appropriations.
United States · United States Congress · 23 January 1990
Amends the Internal Revenue Code to provide that income from any property of a child shall not be included in the net unearned income of the child for tax purposes if such income is used for the child's educational expenses. Establishes an excise tax if such amounts are used for any purpose other than the taxpayer's educational expenses. Requires such amounts to be used before the end of the taxable year in which the taxpayer attains age 24.
United States · United States Congress · 23 January 1990
Calls upon the United Nations to repeal General Assembly Resolution 3379 (equating Zionism with racism). Commends the President for his commitment to this goal and requires progress reports to the Congress.
![Official portrait of Rep. Frost, Martin [D-TX-24]](https://www.congress.gov/img/member/f000392_200.jpg)