United States · United States Congress · 1 May 1990
Constitutional Amendment - Declares that the Congress and the States shall have power to prohibit the act of physical desecration of the U.S. flag and to set criminal penalties for such act.
United States · United States Congress · 26 April 1990
National Technology Extension Service Act of 1990 - Directs the Secretary of Commerce, through the Director of the National Institute of Standards and Technology, to create a five-year Technology Extension Pilot Program to provide private businesses, in selected States, with improved access to Federal, State, and federally-funded technology and expertise. Directs the Secretary, through the Director and using a competitive selection process, to select: (1) a non-Federal database contractor to create the Program's Federal database and network of experts and to manage them for the duration of the Program; and (2) up to five States for participation in the Program. Provides for fees to be charged to businesses using the Program in certain circumstances. Authorizes appropriations. Amends the Small Business Act to allow any Small Business Development Center to apply for an additional grant to increase access by small businesses in its service area to on-line databases. Specifies ways in which a Center may seek to increase small business access. Authorizes appropriations.
United States · United States Congress · 26 April 1990
Condemns the restrictions of the print and electronic media imposed by the Soviet Union on journalists attempting to cover events in Lithuania. Urges: (1) General Secretary Gorbachev to rescind restrictions on the admission of Western journalists to, and on freedom of the press in, Lithuania; and (2) President Bush to take steps to facilitate the readmission of Western journalists to Lithuania.
United States · United States Congress · 25 April 1990
Wage Withholding Relief for Farmers and Ranchers Act of 1990 - Amends the Social Security Act and the Internal Revenue Code to increase the amount of cash remuneration which may be paid for agricultural labor without requiring wage withholding and old-age, survivors and disability insurance coverage.
United States · United States Congress · 25 April 1990
Amends the Inspector General Act of 1978 to grant Inspectors General the authority to determine: (1) the persons subject to, and the nature, scope, and purposes of, the audits and investigations they conduct relating to the programs administered by their agency, including programs under regulatory statutes; and (2) their authority to conduct those audits and investigations. Prohibits the conduct of such audits or investigations from being construed as carrying out a program operating responsibility.
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 · 25 April 1990
Amends rule XXVII of the Rules of the House of Representatives to require the Clerk to cause to be printed in a separate section of the Congressional Record on the first legislative day of each week after a motion to discharge has been filed: (1) a copy of the motion; (2) the name of the Member filing it; and (3) a list of all Members who have signed such motion as of the last legislative day of the preceding week in which the House was in session.
United States · United States Congress · 24 April 1990
Amends the Internal Revenue Code to provide for an inflation adjustment to the inclusion in gross income of old-age, survivors and disability insurance and certain railroad retirement benefits when there is an increase in such benefits.
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
Congressional Recycling Act of 1990 - Requires the Clerk of the House of Representatives and the Secretary of the Senate to purchase recycled paper and paper products for use to the greatest extent practicable in the operations of the House and the Senate. Directs the Public Printer to assure that the Government Printing Office uses recycled paper in providing services to the House.
United States · United States Congress · 18 April 1990
Ethics in Government Act Amendment of 1990 - Amends the Ethics in Government Act of 1978 to increase the authorization of appropriations for the Office of Government Ethics for FY 1990 through 1994.
United States · United States Congress · 18 April 1990
Expresses the sense of the House of Representatives that the U.S. Postal Service should study and report to the Congress on the feasibility of establishing lower rates for second- and third-class mail matter which uses recycled paper and materials.
United States · United States Congress · 18 April 1990
Congressional Recycled Paper Act - Requires the Clerk of the House of Representatives and the Secretary of the Senate to procure only recycled paper for the operations of the House and the Senate.
United States · United States Congress · 4 April 1990
Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to provide that the definition of "owner or operator" (for purposes of liability) does not include: (1) a designated lending institution which acquires control of a facility pursuant to the terms of a security interest held by the person in such facility or in connection with a lease subject to Federal or State banking authorities; (2) a corporate fiduciary which operates or has legal title to a facility pursuant to the terms of an estate or trust; (3) an individual or institution that serves as an indenture trustee and acquires control of a facility as the result of default on a financing document between the trustee and the issuing entity; and (4) an individual fiduciary who has legal title to a facility for purposes of administering an estate or trust.
United States · United States Congress · 4 April 1990
Medicare Physician Regulation Relief Amendments of 1990 - Amends title XVIII (Medicare) of the Social Security Act to require carriers and peer review organizations to release the medical review screen or the associated screening parameter to a physician before notifying such physician that payment for his or her service has been denied. Permits Medicare reimbursement of a patient's regular physician for services provided to such patient by another physician who occasionally covers for the regular physician. Requires Medicare carriers to provide physicians, upon request and without charge, with carrier-generated information which physicians need to submit a payment claim or respond to a carrier inquiry. Allows a medical society or other professional organization representing physicians to represent a group or class of physicians in Medicare payment determinations, reconsiderations, or appeals. Directs the Secretary of Health and Human Services to appoint, based on nominations submitted by national medical organizations representing physicians, a Practicing Physicians Advisory Council with which the Secretary must consult concerning changes in the Medicare program and proposed changes in regulations and carrier operation policies.
United States · United States Congress · 4 April 1990
Amends the Internal Revenue Code to revise the definitions of highly compensated employee and compensation for pension plan purposes. Delays requirements of employer reporting on the number of highly compensated employees under a fringe benefit plan. Requires the Secretary of the Treasury to study the burden of such reporting requirements.
United States · United States Congress · 4 April 1990
Taxflation Protection Act of 1990 - Amends the Internal Revenue Code to revise the method of rounding used in adjusting tax rates and certain other amounts for inflation.
United States · United States Congress · 29 March 1990
Employee Protection Act of 1990 - Prohibits employers involved in interstate commerce from discriminating against employees or prospective employees on the basis of their refusal to: (1) submit to sterilization or a fertility test; or (2) refrain from procreation. Prohibits such employers from: (1) requiring such procedures; (2) using or inquiring about the result of any fertility test or procreative ability or history; (3) engaging in any employment practice designed to employ only those unable to procreate; (4) excluding any class of employees from employment opportunities or benefits to avoid compliance with this Act; or (5) discriminating against those who exercise their rights under this Act. Requires notice of protection under this Act to be posted conspicuously on employment premises. Grants the Secretary of Labor administrative authority under this Act. Provides for civil enforcement of this Act. Prohibits waiver of rights except in written settlements. Does not prohibit: (1) voluntary job placement or transfer meeting certain conditions; or (2) legitimate scientific or medical research if information is solicited on a voluntary, confidential, and nondiscriminatory basis.
United States · United States Congress · 29 March 1990
Public Television Cable Carriage Act of 1990 - Amends the Communications Act of 1934 to require each cable operator to carry on its cable system the signals of a qualified local noncommercial educational television station (QLNETS) according to provisions of this Act. Requires the operator of a cable system with 12 or fewer usable activated channels to carry only one QLNETS on such system, while allowing other QLNETSs to be carried at the discretion of the operator. Allows a cable operator which operated beyond the presence of any QLNETS to carry the system of one qualified noncommercial educational station (QNETS) (a nonlocal station) at its discretion. Requires a cable operator with a system of 13 to 36 usable activated channels to carry at least one but not more than three QLNETSs, while allowing other QLNETSs to be carried at its discretion. Requires the cable operator of a system which increases its usable activated channel capacity to more than 36 stations on or after March 29, 1990, to carry on such system each QLNETS requesting carriage, subject to other provisions of this Act. Requires all cable operators to continue to provide carriage to all QLNETSs carried on their systems as of March 29, 1990. Allows such requirement to be waived upon the written consent of the cable operator and any such station. Provides that a cable operator with a capacity of more than 36 channels which is required to carry three QLNETSs shall not be required to carry additional QLNETSs if their programming substantially duplicates the programming broadcast by another QLNETS requesting carriage. Requires a cable operator to retransmit in its entirety the primary video and audio transmission of each QLNETS carried on its cable system, as well as material necessary for the receipt of programming by handicapped persons or for educational or language purposes. Prohibits a QLNETS from being repositioned to a different channel by a cable operator unless the operator notifies the station and all cable subscribers at least 30 days in advance of such change. States that a cable operator: (1) shall not be required to carry any QLNETS which does not deliver a signal of good quality as defined by the Federal Communications Commission; (2) is prohibited from accepting monetary payment or other consideration in exchange for carriage of the signal of a QLNETS, except for certain carriage delivery costs; and (3) is not required to add a QLNETS not already required as of March 29, 1990, where such station would be considered a distant signal for copyright purposes, unless such station reimburses the operator for incremental copyright costs assessed against the operator as the result of such carriage.
United States · United States Congress · 27 March 1990
Authorizes the Secretary of Veterans Affairs (the Secretary), in conjunction with the Secretary of Defense, to make grants to qualifying medical schools to assist in the establishment of new medical research centers. Outlines qualifications for medical schools eligible for such grants, including: (1) being primarily State-supported; (2) having no established research center in the field for which application is made; (3) being located in proximity to a Department of Veterans Affairs medical facility which has an affiliation with a medical facility of the Department of Defense; and (4) having demonstrable potential for successful development of such a new research center. Requires the Secretary to ensure that centers for which grants are made are geographically dispersed within the United States. Requires the Secretary to establish an advisory committee to advise a medical school with respect to activities of the center for which a grant is made. Prohibits the Secretary from entering into an agreement to make a grant unless the Secretary finds that the school will maintain arrangements with the Department medical facility with which it is affiliated as to be mutually beneficial in carrying out the mission of the respective medical facilities and the school. Requires facilities of such research centers to be made available on a competitive basis. Requires the fact of Federal funding for such centers to be acknowledged in the activities and publications of the center. Requires that grants may only be provided from funds specifically appropriated for such grants. Requires matching appropriations to the Department of Defense for research, development, testing, and evaluation whenever an appropriation is made to the Department for such grants. Requires an agreement for such grants to include certain assurances with respect to the sufficiency of non-Federal funding for such research centers. Authorizes the Secretary to increase grant amounts due to cost increases, within specified limits. Sets forth application requirements from medical schools desiring to receive such grants. Requires the Secretary, in considering such applications, to give priority to applications which emphasize research in one or more of the following areas: (1) diabetes and metabolic diseases; (2) prosthetics and rehabilitation medicine; (3) mental health, behavioral medicine, and neurological disease; (4) acquired immune deficiency syndrome (AIDS) and related diseases; (5) Alzheimer and dementia; (6) degenerative cardiopulmonary disease; (7) cancer; (8) technology assessment; and (9) toxicology. Requires the Secretary to use a merit review process in considering applications and awarding grants under this Act. Authorizes appropriations for FY 1991 through 1994. Entitles the Secretary to recover from grant recipients any amount not used for appropriate grant purposes.
United States · United States Congress · 22 March 1990
World War II 50th Anniversary Commemorative Coin Act - Expresses the sense of the Congress that the United States should recognize the 50th anniversary of World War II by minting and issuing commemorative coins. Directs the Secretary of the Treasury to issue and mint such coins in five dollar, one dollar, and half dollar denominations. Mandates that surcharges received from the sale of such coins be deposited in a coinage profit fund and allocated, upon separate congressional authorization, to the American Battle Monuments Commission to establish a World War II memorial. Directs the Secretary to report semiannually to the Congress regarding implementation of this Act.
United States · United States Congress · 20 March 1990
Expresses the sense of the Congress that: (1) the United States should support the unified status of Jerusalem and continue to recognize that a unified Jerusalem is an integral part of the State of Israel; (2) efforts of the U.S. Government to achieve peace in the Middle East should take into account the close relationship between the United States and Israel, as well as Israel's legitimate security needs; and (3) efforts to advance the peace process must not call into question the status of Jerusalem.
United States · United States Congress · 19 March 1990
Innovative Boot Camp Prison Act of 1990 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize grants to States to carry out projects that demonstrate innovative alternatives to the imprisonment of individuals convicted of nonviolent offenses. Includes boot camp prisons as such alternatives, in conjunction with drug treatment, literacy education, vocational education, and job training programs. Makes drug testing and treatment mandatory for drug offenders. Sets forth: (1) application procedures and requirements for grants; and (2) procedures for review of applications. Authorizes appropriations.
United States · United States Congress · 15 March 1990
Family Choice and Child Care Improvement Act of 1990 - Title I: Expansion of Head Start - Amends the Head Start Act to authorize Head Start programs to provide developmentally appropriate child care services throughout the year as full-working-day services to meet the needs of parents each of whom is working, attending a job training or educational program, or seeking employment. Authorizes appropriations for specified services on certain conditions. Directs the Secretary of Health and Human Services (HHS) to conduct a 20-year longitudinal research study on the effects of Head Start on children's development, with periodic reports to the Congress. Authorizes appropriations for such study. Title II: Small Business Involvement in Meeting Employee Child Care Needs - Directs the Secretary of HHS to establish a program of grants to eligible small businesses to: (1) pay start-up costs incurred to provide child care services needed by their employees; or (2) provide additional services. Defines small businesses as ones with fewer than 50 full-time employees. Authorizes appropriations. Title III: Block Grant Child Care Provisions - Amends title XX (Block Grants to States for Social Services) of the Social Security Act to set forth block grant payments to States for each fiscal year after FY 1990. Requires a specified portion of such grants to pay for child care services activities. Specifies certain administrative requirements, parental rights, and the rights of religious child care providers. Title IV: Tax Changes Relating to Child Care - Amends the Internal Revenue Code to increase the amount of the advance refundable earned income tax credit, and to adjust such credit for family size for eligible individuals with one or more children. Provides a supplemental young child credit for taxpayers with a qualifying child under age six. Provides a supplemental infant credit for taxpayers with a qualifying child under age one. Bases advance payment on the number of qualifying children. Coordinates the earned income tax credit with means-tested programs by: (1) treating Federal means-tested transfer payments as support provided by the individual taxpayer, solely for purposes of determining such credit; and (2) disregarding such credit in determining benefits under means-tested programs involving Federal funds. Directs the Secretary of the Treasury to study and report to the House Committee on Ways and Means whether the changes made by this Act to the advanced payment provisions of the Internal Revenue Code have resulted in an undue administrative or paperwork burden on taxpayers or the Internal Revenue Service. Phases out the dependent care credit and the exclusion for dependent care assistance for taxpayers whose adjusted gross income exceeds $70,000, by specified reductions for each $1,000 of such excess. Title V: Child Care Earnings Excluded from Excess Earnings Test - Amends the Social Security Act to exclude child care earnings from wages and from self-employment income, for purposes of the excess earnings test.
United States · United States Congress · 15 March 1990
Denies annuity benefits to a Member of Congress convicted of a State or Federal felony. Authorizes the restoration of such annuity: (1) if the individual is pardoned by the Governor in the case of a felony under State law; or (2) in the case of a reversal.
United States · United States Congress · 15 March 1990
Congratulates: (1) the people of Lithuania on their recent multiparty elections; (2) the new Government on its decision to restore Lithuanian independence; and (3) the new Supreme Council of the Republic of Lithuania. Urges the Soviet Government to enter into negotiations with the new Lithuanian Government on an equal basis and to refrain from acts of political and economic intimidation against Lithuania. Urges the President to: (1) strengthen and seek ways to demonstrate his commitment to an independent and democratic Lithuania; (2) take steps toward normalizing diplomatic relations with the Lithuanian Government; (3) seek effective political support among our allies as Lithuania attempts to negotiate credits in Western markets; and (4) seek ways to make appropriate technical assistance available to the Lithuanian people.
United States · United States Congress · 14 March 1990
Safe and Competitive Trucking Act of 1990 - Amends Federal law to prohibit States from regulating any of the following: (1) intrastate market entry, rates, contracts, or services of any interstate private or for-hire motor carrier or interstate broker which provides intrastate transportation of property; or (2) the leasing, rental, or other sourcing of commercial drivers and motor vehicles by interstate motor carriers of property operating in intrastate commerce. Prohibits States from requiring interstate private or for-hire motor carriers or interstate brokers of property to prove the lawfulness of interstate transportation activities performed under this Act or regulations issued by the Interstate Commerce Commission. Prohibits States from requiring such carrier or broker to: (1) file and maintain any certificate or permit issued by the Commission; (2) register motor vehicles operated under a certificate or permit issued by such Commission; (3) display on any vehicle a decal, stamp, cab card, or other identification evidencing the lawfulness of such transportation activity; or (4) pay a fee or tax with respect to such activities. Requires the Secretary of Transportation to study the extent to which commercial motor vehicles and drivers continue to operate without taking corrective action after being placed out of service. Requires the Secretary to implement procedures with respect to the enforcement actions and penalties for any such violations which pose an imminent hazard to safety. Authorizes States to assess a tax or fee on motor carriers operating vehicles registered in another State only if: (1) the tax or fee is apportioned based on miles driven in the State or on some other equitable measure of such carrier's or vehicle's contact with such State; (2) the tax or fee does not discriminate against interstate commerce; (3) the tax or fee is related to the services provided to the carrier or vehicle; and (4) the activity with respect to which the tax or fee is being assessed has a substantial nexus with the State. Authorizes a State to require an interstate motor carrier to register vehicles the carrier intends to operate within the State and collect a registration tax or fee. Authorizes States to require interstate motor carriers to report the fuel used by its vehicles within such State and to pay a related tax or fee. Prohibits any State from requiring registration or fuel use reports or imposing related taxes or fees on or after December 31, 1996, unless it is a member of the International Registration Plan or the International Fuel Tax Agreement. Prohibits a State or local government from assessing a tax or fee on a motor carrier if the carrier's only business activity within the State is: (1) the delivery or pickup of property; (2) the use of streets or roads; (3) the solicitation, sale, or advertising of transportation services by a motor carrier not domiciled in such State; or (4) to transport fully or partially loaded or empty vehicles through the State. Declares that no part of the compensation paid by an interstate motor carrier to an employee who performs his or her duties on a motor vehicle in more than one State shall be subject to the income tax of any State other than the State in which such employee resides and earns more than 50 percent of his or her income from the carrier. Prohibits a State, under specified conditions, from imposing a net worth tax on property used in interstate commerce.
United States · United States Congress · 14 March 1990
Amends title XVIII (Medicare) of the Social Security Act to cover colon cancer preventive screening examinations, an annual physical examination performed by a physician or nurse practitioner, and verbal and written mental health screening examinations if a demonstration project to be conducted by the Secretary of Health and Human Services proves such examinations to be cost-effective or of moderate cost but measurably health enhancing.
United States · United States Congress · 14 March 1990
Declares that it is the sense of the Congress that the United States should: (1) promote maximum conservation and protection of the world's whales; (2) work to postpone further review of the International Whaling Commission moratorium on the commercial killing of whales and maintain zero catch limits for all whale stocks for at least another decade; (3) work to strengthen the Commission and encourage it to carry out long-term, nonlethal research for all whale stocks on a global basis; and (4) in promoting protection, make use of diplomatic channels, domestic and international law, and all other means.
United States · United States Congress · 13 March 1990
Affordable Housing and First Home Buyer Assistance Act of 1990 - Title I: First Home Ownership Accounts - Amends the Internal Revenue Code of 1986 to permit a personal deduction for specified contributions to a first home ownership account. Treats such account as an individual retirement account upon a first home purchase. Title II: Repeal of Taxation of Gain on Sale of Principal Residence - Amends the Internal Revenue Code of 1986 to repeal the taxation of gain on the sale of a principal residence. Title III: Mortgage Bonds and Credit Certificates - Amends the Internal Revenue Code to extend through 1993 the issue period for qualified mortgage bonds. Title IV: Mortgage Insurance - Amends the National Housing Act with regard to adjustable rate single family mortgages to: (1) increase maximum interest adjustments; and (2) repeal the aggregate fiscal year limit on such insured mortgages and loans. Authorizes a first-time homebuyer downpayment insurance demonstration program. Amends the Federal National Mortgage Association Charter Act to provide a secondary market for downpayment loans. Amends the National Housing Act to authorize insurance for downpayment loans. Amends the National Housing Act to establish minimum Mutual Mortgage Insurance Fund reserves. Title V: Study Regarding Shared Equity Reserves - Directs the Secretary to study and report to the Congress on shared equity mortgages for first-time homebuyers. Authorizes appropriations.
United States · United States Congress · 13 March 1990
Amends the Internal Revenue Code to exclude from gross income the value of any subsidy provided by a public utility to a customer for the purchase or installation of energy or water conservation measures.
United States · United States Congress · 8 March 1990
Amends the Water Resources Development Act of 1986 to deauthorize the Cross Florida Barge Canal project. Declares that in consideration of such deauthorization the Secretary of the Army shall transfer lands authorized for such project to the State of Florida which shall use such lands to create a State park or State conservation area.
United States · United States Congress · 7 March 1990
Antarctic Environmental Protection, Clean-Up, and Liability Act of 1990 - Amends the Antarctic Conservation Act of 1978 to require the Director of the National Science Foundation to: (1) prepare and annually update a waste management plan for wastes produced or disposed of in Antarctica by U.S. citizens; and (2) issue regulations requiring U.S. citizens engaged in activities in Antarctica to comply with specified waste disposal practices. Requires the Director to establish a long-term program for the removal of specified wastes produced or disposed of in Antarctica by U.S. citizens. Directs the Secretary of the department in which the Coast Guard is operating to issue regulations: (1) requiring all vessels engaged in U.S. activities in Antarctica, including tourist expeditions, to be equipped with compaction, storage, and incineration facilities (or stockpiling facilities for vessels not capable of being fitted with waste disposal facilities); and (2) prohibiting U.S. citizens from employing any vessel in Antarctica unless such vessel contains such facilities. Makes it unlawful for any individual in charge of a vessel or any U.S. citizen employing a vessel in Antarctica to: (1) intentionally discharge oil or dispose of plastic in the Antarctic marine environment; (2) dispose of dunnage, lining, or packing materials less than 25 nautical miles from the closest land or ice shelf; (3) dispose of food waste or other garbage less than 12 nautical miles from the closest land or ice shelf; or (4) discharge sewage within 12 nautical miles of the closest land or ice shelf. Prescribes civil penalties for disposal violations or for violations of waste disposal facility requirements. Makes vessels committing disposal violations or violations concerning compliance with specified international shipping conventions liable in rem for such penalties. Requires all vessels supporting U.S. activities in Antarctica to comply with specified international conventions relating to pollution prevention and ship safety. Directs the Secretary to issue regulations requiring all vessels supporting U.S. activities in Antarctica and all U.S. facilities in Antarctica where oil is stored to have contingency plans and the capability and equipment to respond, prevent, and clean up oil spills. Makes such parties liable for the removal of oil and for the restoration of any natural resources, specially-protected areas, or sites of special scientific interest. Prescribes civil penalties if such restoration is not feasible. Requires the President to direct the Secretary of State to initiate actions within the International Maritime Organization to secure designation of the waters south of 60 degrees south latitude as a special area under the International Convention for the Prevention of Pollution From Ships, 1973 and the Protocol of 1978 Relating Thereto. Directs the Under Secretary of Commerce for Oceans and Atmosphere to develop and implement an environmental monitoring program for Antarctica. Requires regulations promulgated pursuant to the Antarctic Conservation Act of 1978 to include requirements for specially-protected areas. Requires the Director to issue regulations designating as a pollutant any substance which is liable, if introduced into Antarctica, to: (1) create health hazards or harm living resources; or (2) damage amenities or interfere with other legitimate uses of Antarctica. Provides for the issuance of permits to regulate the discharge of such pollutants into the Antarctic environment by U.S. citizens. Applies the National Environmental Policy Act of 1969 to all Federal activities in Antarctica. Requires the Secretary of State, before submitting the Convention on the Regulation of Antarctic Mineral Resource Activities to the Senate for ratification, to prepare an environmental impact statement on the Convention and alternative regimes for protecting the Antarctic environment. Sets forth provisions concerning citizen suits. Authorizes appropriations.
United States · United States Congress · 6 March 1990
Medicaid State Share Protection Amendments of 1990 - Amends title XIX (Medicaid) of the Social Security Act to allow State Medicaid matching payments to include private funds donated by hospitals to the State and State taxes imposed with respect to the provision of Medicaid items and services.
United States · United States Congress · 6 March 1990
Expresses the sense of the House of Representatives that the proposed postal rate increase is unwarranted and that the U.S. Postal Service should reduce its deficit by cutting costs rather than by increasing postal rates.
United States · United States Congress · 1 March 1990
Expresses the sense of the Congress that: (1) the 25th anniversary of the enactment of the Older Americans Act of 1965 and its successful implementation should be recognized; (2) contributions at all levels of the aging network should be acknowledged and commended; and (3) support for the Act and its primary goal should be reaffirmed.
United States · United States Congress · 28 February 1990
Tire Recycling Incentives Act of 1990 - Amends the Solid Waste Disposal Act to require tire producers or importers to recycle an amount of scrap tires equal to at least the amount determined by multiplying the amount of tires produced or imported that year by the recycling percentage established by the Administrator of the Environmental Protection Agency. Authorizes compliance by: (1) recycling scrap tires through reintroducing the reclaimed rubber into a manufacturing process to produce new tires or retread old tire casings; or (2) purchasing recycling credits under this Act. Requires such individuals to report annually to the Administrator on the amount of tires produced or imported. Directs the Administrator to establish a recycling percentage that is five percentage points higher than the existing recycling rate for tires. Provides for increases in such percentage of five points annually in the ten years following the date of enactment of this Act. Requires the Administrator to promulgate regulations allowing recyclers to create credits for tire recycling and tire producers or importers to purchase such credits. Sets forth: (1) specified recordkeeping requirements for owners or operators of tire sale and installation facilities and tire producers and importers; and (2) the amount of credits allowed for scrap tires. Directs the Attorney General to determine the effects of the credit system on competition within the tire and scrap tire recycling industries and to report annually to the Congress. Sets the recycling percentage at 60 percent if the Administrator fails to promulgate regulations. Directs the Administrator to: (1) publish in the Federal Register minimum requirements for State scrap tire management and procedures under which such requirements shall be incorporated into State solid waste management plans; (2) provide for expedited review of State plans which include specified scrap tire recycling measures; and (3) establish standards to minimize health and environmental damages from the improper disposal and storage of tires. Requires such standards to provide for: (1) bans on the disposal of tires in land disposal facilities; (2) State inventories of scrap tire collection facilities, tire advisory boards, and scrap tire abatement plans; (3) agreements between facilities which distribute more than 1,000 tires annually and licensed tire haulers for the exclusive hauling of scrap tires by licensed haulers; and (4) prohibitions on the transportation of scrap tires by transporters without transportation identification numbers, with specified exceptions. Directs the Administrator to publish guidelines for States for the issuance of permits to scrap tire storage, processing, transfer, and recycling facilities. Provides for: (1) limits on the size of scrap tire piles at such facilities; (2) bans on open burning within 50 feet of a scrap tire pile; (3) regulations on vegetation, rodent, and mosquito control at such facilities; and (4) different requirements for collection and storage facilities located in 100-year flood plains or other areas where water resources are critical. Requires the Administrator to promulgate guidelines for States for facility emergency plans. Directs facility owners or operators to maintain and update emergency preparedness manuals. Requires facility operators to notify the State immediately in the event of an emergency with potential offsite impacts. Sets forth specified emergency and operational recordkeeping, reporting, and inspection requirements. Requires all regulated facilities to have appropriate financial responsibility or insurance to maintain the facility for at least five years after closure. Exempts specified persons from permitting requirements. Requires the Secretary of the Interior, together with the heads of agencies responsible for public lands or military installations, to implement a plan to remediate tire piles. Applies plan requirements to the National Railroad Passenger Corporation. Directs the Administrator to develop a guideline for procuring goods that make use of scrap or used tires. Permits States to: (1) enter into consent orders with owners and operators of scrap tire collection facilities for proper management and abatement of scrap tires; and (2) levy fines on facilities for noncompliance. Imposes fines on tire facilities and landfills for specified violations of this Act. Authorizes appropriations.
United States · United States Congress · 26 February 1990
Amends the Internal Revenue Code to establish an alternative capital gains tax for individuals which takes into account qualified higher education expenses, first-time homebuyer expenses, and expenses for nursing home care of the taxpayer, the spouse, or any dependent of the taxpayer. Provides procedures for the indexing of assets for purposes of determining gain.
United States · United States Congress · 26 February 1990
Amends the Internal Revenue Code to increase the amount of the standard deduction for certain taxpayers who have made any of the following qualified payments: (1) educational expenses; (2) first-time homebuyer expenses; (3) medical care expenses; or (4) day care services.
United States · United States Congress · 26 February 1990
Amends the Internal Revenue Code to increase the allowable deductions for retirement savings. Allows tax-free withdrawals from individual retirement plans for: (1) educational expenses; (2) first-time home purchases; (3) medical care; and (4) day care expenses.
United States · United States Congress · 22 February 1990
Directs the Secretary of Veterans Affairs to provide educational and vocational counseling and related services to: (1) individuals eligible for educational assistance under the armed forces educational assistance program; (2) individuals discharged or released from active duty under conditions other than dishonorable within the past year; and (3) individuals serving on active duty and within 180 days from being released or discharged under conditions other than dishonorable. Requires the Secretary to make available information concerning the need for general education and for trained personnel in the various crafts, trades, and professions. Requires the Secretary to acquaint all eligible individuals with the availability of counseling services offered under this Act. Provides entitlement to a veterans' rehabilitation program for persons hospitalized for a service-connected disability in a hospital over which the Secretary of Veterans Affairs has jurisdiction. Includes the payment of handling fees by the Secretary as part of the scope and services authorized to be provided to a veterans' rehabilitation program. Authorizes the payment of a subsistence allowance to veterans pursuing a vocational rehabilitation program in a Federal, State, or local governmental agency. (Currently, such allowance is offered only to veterans pursuing a program at the Federal level.) Repeals certain reporting requirements.
United States · United States Congress · 22 February 1990
Extends eligibility for the disabled veterans' outreach program to: (1) all disabled veterans who are participating in or have completed a program of vocational rehabilitation (currently limited to disabled veterans of the Vietnam era who have such rehabilitation); and (2) members of the armed forces who are within 180 days of discharge or released from active duty under conditions other than dishonorable. Requires disabled veterans' outreach program specialists to provide employment and training information to members of the armed forces about to be released or discharged. Requires local veterans' employment representatives to provide employment and training information and services to such members. Redesignates the Secretary of Labor's Committee on Veterans' Employment as the Advisory Committee on Veterans Employment and Training within the Department of Labor. Requires the Committee to: (1) assess the employment and training needs of veterans; (2) determine the extent to which the programs and activities of the Department are meeting such needs; and (3) carry out appropriate activities and submit certain reports.
United States · United States Congress · 22 February 1990
Veterans Recruitment Authority Act of 1990 - Revises the policy of the United States with respect to the provision of veterans' recruitment appointment authority (the offering of post-service Federal employment opportunities) to declare a Government obligation to assist veterans in readjusting to civilian life. Waives the current maximum GS-9 level for such appointments. Makes all qualifying veterans eligible for such appointments without regard to the number of years of education completed. Gives a preference to such appointments to veterans entitled to veterans' disability compensation or who were discharged or released from active duty for a disability incurred or aggravated in the line of duty. Requires veterans receiving such an appointment to receive appropriate training or education by the agency involved, complete the prescribed probationary period, and acquire a competitive civil service status. Extends eligibility for veterans' recruitment appointment authority to veterans who first became members of the armed forces or entered active duty after January 1, 1977, and were discharged or released from active duty under conditions other than dishonorable. Limits appointment authority for such members to five years from such release or discharge or from the enactment of this Act, whichever is later. Waives such limitation for veterans with service-connected disabilities or who served on active duty for which a campaign badge was authorized.
United States · United States Congress · 22 February 1990
National Drug and Crime Emergency Act - Declares a National Drug and Crime Emergency for a five-year period, during which time it shall be U.S. policy that: (1) every person convicted in a Federal court of a crime of violence against a person or a drug trafficking felony (other than simple possession) shall serve no less than five years' imprisonment without release; (2) prisoners may be housed in tents and other temporary facilities; and (3) the Federal courts may limit the inmate population of a Federal or State prison or jail only when an inmate proves that crowding has resulted in cruel and unusual punishment and no other remedy exists. Title I: Elimination of Crime Without Punishment - Subtitle A: National Drug and Crime Emergency Policies - Amends the Federal criminal code to prohibit the Federal courts, during such emergency, from: (1) holding prison crowding unconstitutional under the Eighth Amendment except to the extent that an individual plaintiff inmate proves that the crowding causes the infliction of cruel and unusual punishment; and (2) placing an inmate ceiling on any Federal, State, or local detention facility as an equitable measure for conditions that violate the Eighth Amendment unless crowding itself is inflicting cruel and unusual punishment on individual prisoners. Requires that each Federal court order seeking to remedy an Eighth Amendment violation be reopened at the behest of a defendant for recommended alteration at a minimum of two-year intervals. Applies this title to all outstanding court orders on the date of enactment of this Act. Permits any State or municipality to seek modification of any outstanding Eighth Amendment decree pursuant to this Act. Directs the Attorney General to take steps, consistent with security considerations, to ensure that sufficient facilities exist to house individuals whom the courts have ordered incarcerated, including consideration of tent housing or other shelters placed on available military bases and at other locations. Authorizes the President to direct the National Guard and the Army Corps of Engineers to design and construct temporary detention facilities. Requires: (1) the Secretary of Defense, the Commission on Alternative Utilization of Military Facilities, and the Director of the Bureau of Prisons to identify suitable military installations and examine the feasibility of using tent housing; and (2) the Director to report to the Congress within 90 days. Amends the Defense Authorization Amendments and Base Closure and Realignment Act to require the Secretary to notify the Attorney General and the Governor of each of the U.S. territories and possessions (currently, all departments and instrumentalities within the Department of Defense (DOD)) of the availability of any real property or facility located at a military installation to be closed. Authorizes the transfer of such property to the Attorney General, a State, territory, or possession, or the District of Columbia for use as a correctional institution. Requires the Director to: (1) review current construction standards and methods used in building Federal prisons; (2) examine and recommend cost cutting measures that could be employed in prison construction; and (3) submit the results to the Congress. Authorizes the Attorney General to contract for private construction and operation of Federal prisons. Requires the use of creative and cost-effective private financing alternatives and private prison construction and operation where possible. Specifies that operating costs of privately-operated prisons shall be covered through rent charged to Government units placing inmates in prisons. Requires the Administrator of the General Services Administration to identify at least 20 parcels of surplus Federal property which the Attorney General has certified are not needed for Federal correctional facilities but which may be suitable for State or local correctional facilities. Makes property determined to be in excess of Federal needs that may be suitable for use as correctional facilities available during such Emergency to the Attorney General, or secondarily, to a State, the District of Columbia, or a local government. Permits State and local governments to use Federal temporary incarceration facilities, when they are not needed to accommodate Federal prisoners, for incarcerating prisoners at a per diem fee payable to the Bureau of Prisons. Requires every person who, during the Emergency, is convicted in Federal court of committing a crime of violence against a person or a drug trafficking crime (other than simple possession), to be sentenced to and serve no less than five years' imprisonment. Prohibits any such person from being released from custody for any reason prior to completion of the sentence unless the sentence imposed is greater than five years and is not a mandatory minimum sentence without release. Subtitle B: Imposition of Mandatory Minimum Sentences Without Release - Amends the Federal criminal code to establish the following penalties for offenses committed during and in relation to any crime of violence or drug trafficking crime, in addition to the punishment provided for such crime. Provides that whoever: (1) possesses a firearm shall be sentenced to imprisonment for ten years without release; (2) discharges a firearm with intent to injure another person shall be sentenced to imprisonment for 20 years without release; or (3) possesses a firearm that is a machinegun or is equipped with a firearm silencer or muffler shall be sentenced to imprisonment for 30 years without release. Sets penalties for second, third, and subsequent convictions. Prohibits the release of any person convicted for any reason during a term of imprisonment imposed under this subtitle. Amends the Controlled Substances Act (CSA) to: (1) mandate life imprisonment without release for individuals convicted after two or more felony drug offenses or for a crime of violence; (2) increase the sentences for distributing illegal drugs to persons under age 21 and for employing persons under 18 years of age in drug operations to up to ten years without release for a first offense and up to 20 years without release for a second offense. Prohibits the court from placing such persons on probation or suspending the sentence. Prohibits their release during the term of the sentence. Increases prison sentences for trafficking in marihuana and specified categories of controlled substances. Establishes mandatory sentences, in addition to any other sentence imposed for the underlying possession or distribution, of: (1) one year imprisonment without release in a case involving possession of a controlled substance within a Federal prison or other Federal detention facility; and (2) ten years without release in a case involving the smuggling of a controlled substance within such prison or facility. Prohibits the court from placing such individuals on probation or suspending the sentence. Prohibits such person from being eligible for parole during such term of imprisonment. Amends the Immigration and Nationality Act to: (1) require the deportation of aliens convicted of drug trafficking crimes or crimes of violence; and (2) increase the penalty (currently, 15 years for individuals whose deportation was subsequent to certain felony convictions) to 20 years without release, and to life imprisonment without release for a second violation, without probation, suspension of sentence, or early release, for reentry of a deported alien whose deportation was subsequent to a conviction for a drug trafficking crime or crime of violence. Grants priority for Federal drug law enforcement assistance funds from Bureau of Justice Assistance (BJA) Grant Programs to States having laws providing for mandatory minimum sentences, elimination of early release, and payment of trial costs and mandatory fines by individuals convicted of specified controlled substance violations. Revises the formula for determining the amount distributed from the Drug Control and System Improvement Grant Program. Subtitle C: Mandatory Work Requirements for Prisoners, Withholding Federal Benefits, and Drug Testing of Prisoners - Expresses Federal policy that: (1) prisoners shall work absent medical certification of 100 percent disability, security considerations, or disciplinary action; and (2) States and local governments have the same authority to require all convicted prisoners to work. Provides for the deposit in a separate fund in the Treasury of funds generated from prison labor for prison construction and operating expenses or payment of judgments. Specifies that prisoners shall be paid a share of funds generated by their labor. Repeals provisions establishing penalties for transportation or importation of prison-made goods. Authorizes the Federal Prison Industries to sell such goods to the public. Amends the Walsh-Healy Act to permit convict labor under specified conditions. Requires the Attorney General to submit to the Congress a report making recommendations for legislation to: (1) ensure that businesses and labor do not suffer unfair consequences from such repeal; and (2) encourage greater private sector participation in prison industries. Authorizes the Attorney General to enter into contracts with private businesses for the use of inmate skills that may be of commercial use to such businesses. Sets forth provisions with respect to security requirements involved in the use of convict labor. Provides for the withholding of prisoners' Federal benefits to offset incarceration costs. Directs the Attorney General to establish a program of drug testing of targeted classes of arrestees, prisoners, and persons on release. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to bar Federal funding under the drug control and system improvement grant program for States failing to have an analogous State program. Subtitle D: Judicial Reform to Protect the Innocent and Punish the Guilty - Specifies that: (1) evidence obtained as a result of a search or seizure shall not be excluded in any Federal court proceeding on the ground that the search or seizure was in violation of the Fourth Amendment, if the search or seizure was carried out in circumstances justifying an objectively reasonable belief that it was in conformity with the Fourth Amendment; and (2) the fact that evidence was obtained pursuant to and within the scope of a warrant constitutes prima facie evidence of the existence of such circumstances. Prohibits the exclusion of evidence in any Federal court proceeding on the ground that it was obtained in violation of a statute, administrative rule or regulation, or rule of procedure unless exclusion is expressly authorized by statute or by Supreme Court rule. Amends the Federal judicial code to condition consideration of a habeas corpus claim by a State prisoner on a showing of actual prejudice resulting from the denial of a Federal right, and that: (1) State action precluded assertion of the right; (2) the Federal right asserted was newly recognized; or (3) the factual basis of the claim could not have been discovered through the exercise of reasonable diligence prior to the procedural default. Establishes a one-year statute of limitations for habeas corpus actions brought by State prisoners. Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. Prohibits the granting of a habeas corpus writ with respect to any claim which has been fully and fairly adjudicated in State proceedings. Amends the CSA to require: (1) the court, prior to sentencing on a conviction in a Federal court of a felony under such Act, to compile a list of assets owned by the defendant not subject to forfeiture; and (2) upon request of the Attorney General, the court to direct the defendant to provide proof that any asset owned by the defendant not on such list was legally obtained. Authorizes the Attorney General to seize assets that the defendant does not prove were legally obtained. Requires the proceeds from such assets to be deposited in the Department of Justice Assets Forfeiture Fund and to be available for transfer to the building and facilities account of the Federal prison system. Sets forth provisions regarding the term of appointment, authority, and jurisdiction of special masters. Requires the Administrative Office of the United States Courts to publish annually a report on the sentencing patterns of Federal judges. Title II: Achieving a Drug-Free America by 1995 - Requires individuals convicted of a CSA violation of possession of a controlled substance to pay to the Treasury the cost of the trial or, where defendant has insufficient income and property, an appropriate amount as determined by the court. Limits such payment to 25 percent of such person's annual income. Provides for mandatory fines of at least ten percent of income for a first offense and 25 percent for subsequent offenses. Subjects such person's property to forfeiture where there is insufficient income to pay such fines. Amends the Anti-Drug Abuse Act of 1988 to eliminate the judge's discretion in making individuals convicted of State offenses for the distribution of controlled substances ineligible for unearned Federal benefits, with exceptions for persons who: (1) declare and show by clear and convincing (currently, a reasonable body of) evidence that they are addicts and submit to long-term treatment; or (2) are determined to be rehabilitated. Makes similar changes with respect to individuals convicted of Federal or State drug possession offenses. Authorizes the court to reduce the period of ineligibility for such benefits to three months if the individual: (1) successfully completes a supervised drug rehabilitation program which includes periodic, random drug testing; or (2) completes a period of community service and passes such testing. Grants priority for Federal drug law enforcement assistance funds from BJA Grant Programs to States having laws providing for revocation of drivers' licenses for individuals convicted of specified controlled substances violations. Revises the formula for determining the amount distributed from the Drug Control and System Improvement Grant Program to reduce allocations to States which do not have such laws. Sets forth conditions for reinstatement. Requires the Secretary of Transportation to cause the Federal Aviation Administration to amend its regulations to revoke pilots' licenses for such violations. Amends the Public Health Service Act to make a State's receipt of Federal drug abuse allotments contingent upon the State submitting: (1) Statewide Drug Treatment Plan annually that meets certain specifications; and (2) periodic progress reports. Amends the Higher Education Act of 1965 to bar institutions of higher education from eligibility for Federal assistance unless they certify that they have adopted and implemented an alcohol and drug abuse prevention program for students and employees meeting specified requirements. Amends the Drug-Free Schools and Communities Act of 1986 to bar local educational agencies from eligibility for Federal assistance unless they make a similar certification. Transportation Employee Testing Act - Amends the Federal Aviation Act of 1958 to require the Administrator of the Federal Aviation Administration to: (1) establish a program requiring foreign and domestic air carriers to conduct preemployment, reasonable suspicion, random, and post-accident testing for illegal drug and alcohol use of air carrier personnel responsible for safety-sensitive functions and providing for periodic recurring testing of such employees; and (2) require the suspension or revocation of any certification issued to such person, or disqualification or dismissal, where such illegal drug or alcohol use has been confirmed. Bars air carrier personnel responsible for safety-sensitive functions from serving in such positions without having completed a rehabilitation program. Requires the Administrator to prescribe regulations for such programs which: (1) provide for the identification and opportunity for treatment of employees needing assistance; (2) specify the circumstances under which such employees shall be required to participate; (3) promote individual privacy in the collection of specimen samples; and (4) with respect to laboratories and testing procedures, incorporate Department of Health and Human Services scientific and technical guidelines intended to assure accuracy, confidentiality, and nondiscriminatory methods. Directs the Secretary of State and the Secretary of Transportation to jointly call upon member countries of the International Civil Aviation Organization to strengthen and enforce existing standards to prohibit illegal drug and alcohol use by crewmembers in international civil aviation. Amends the Federal Railroad Safety Act of 1970, the Commercial Motor Vehicle Safety Act (CMVSA), and the Urban Mass Transportation Act of 1964 to establish programs similar to the Federal Aviation Act program for drug and alcohol testing. Provides for a pilot program, under the CMVSA, for the random testing of commercial motor vehicle operators and requires the Secretary to report on the results to the Congress. Makes funds from the Surface Transportation Assistance Act of 1982 available for the CMVSA program. Requires the Secretary to determine appropriate sanctions for mass transportation vehicle operators who are determined to have used alcohol or controlled substances in violation of law or Federal regulation but who are not under the influence of such substances. Amends the Federal judicial code to provide for the payment of awards to persons providing information leading to the arrest and conviction of individuals for the unlawful sale, or possession for sale, of a controlled substance or controlled substance analogue. Title III: Authorization of Appropriations - Authorizes appropriations to carry out this Act.
United States · United States Congress · 22 February 1990
Nursing Home Access to Respiratory Therapy Act of 1990 - Amends title XVIII (Medicare) of the Social Security Act to include respiratory therapy within covered extended care services.
![Official portrait of Rep. James, Craig T. [R-FL-4]](https://www.congress.gov/img/member/j000047_200.jpg)