United States · United States Congress · 3 January 1991
Permits certain veterans with service-connected disabilities who are retired members of the uniformed services to receive compensation concurrently with retired pay, without deduction from either.
United States · United States Congress · 3 January 1991
Veterans' Compensation Amendments of 1991 - Title I: Compensation Rate Increases - Increases the rates of: (1) veterans' disability compensation; (2) additional compensation for veterans' dependents; (3) the clothing allowance for certain disabled veterans; (4) dependency and indemnity compensation for surviving spouses and children; and (5) supplemental dependency and indemnity compensation for disabled adult children. Authorizes the Secretary of Veterans Affairs to adjust administratively the rates of disability compensation payable to persons who are not in receipt of compensation for service-connected disability or death. Title II: Miscellaneous Program Amendments - Authorizes the Secretary to accept gifts, devises, and bequests which enhance the Secretary's ability to provide services and benefits. Allows the payment of parents dependency and indemnity compensation less frequently than monthly if the amount of the annual benefit is less than four percent of the maximum annual rate payable. Prohibits a readjustment in the rating schedule from causing a veteran's compensation amount to be reduced unless an improvement in the veteran's disability is shown to have occurred. Makes the presumptive period (the period after service in a radiation-risk activity during which a disease must become manifest in order to be considered service-connected and, therefore, compensable as disability compensation) for leukemia 40 years (currently, 30). Creates a 40-year presumptive period for members of the reserves who were exposed to atmospheric detonation of a nuclear device during active duty or inactive duty for training and who contract specified diseases or illnesses within such period. States as an exception the disease of leukemia, which is given a 30-year manifestation period in such reserve members. Increases the amount of Veterans' Mortgage Life Insurance available to a veteran owning a home to the lesser of $90,000 or the amount of the loan outstanding on the home. (Currently, the amount is the lesser of $40,000 or such amount.) Increases from one to two years the required time after discharge or release permitted to qualify for National Service Life Insurance (for service-disabled veterans). Title III: Agent Orange - Veterans Agent Orange Exposure and Vietnam Service Benefits Act of 1991 - Provides that the disease of chloracne in Vietnam veterans shall be considered to have been service-connected if such disease became manifest to a ten percent or more degree of disability within one year after the last date on which the veteran performed such service in Vietnam. Presumes the following diseases to be service-connected for veterans who performed active service in Vietnam during the Vietnam era, notwithstanding that there is no record of evidence of such disease during the period of such service: (1) non-Hodgkins lymphoma; (2) soft-tissue sarcoma; and (3) melanoma and basal cell carcinoma. Provides a presumption of service-connection in the case of a Vietnam veteran suffering from a disease associated with effects of exposure to certain dioxins or other herbicide agents during such service in Vietnam. Directs the Secretary to prescribe regulations listing a positive association between any disease and the biological effects of exposure to an herbicide agent in Vietnam. Requires the Secretary to update such list continually. Requires the Secretary, in prescribing and revising such list, to obtain by contract the determinations and estimates of a contract scientific organization. Requires such organization to: (1) determine which diseases have any degree of association with the biological effects of exposure to an herbicide agent; and (2) estimate the extent of association between each such disease and each such biological effect. Requires the organization to determine such association specifically with respect to non-Hodgkins lymphoma, each soft-tissue sarcoma, lung cancer, and each other cancer. Outlines contract provisions required in such agreements between the Secretary and the scientific organization, including surveys, evaluations, and periodic determinations. Requires such scientific organization to provide reports to the Secretary and the Senate and House Veterans' Affairs Committees regarding its determinations and evaluations. Requires such organization to determine, in the case of a positive association, whether there is a reasonable basis for concluding that a Vietnam veteran with the highest level of exposure to that herbicide agent in Vietnam was exposed to such agent under the circumstances necessary for such biological effects. Requires a report from the organization to the Secretary and the veterans' committees when there is no such reasonable basis found. Requires the Secretary to make certain determinations and follow-up reports after receiving such reports from the contract scientific organization, including the issuance of a report to the veterans' committees and the promulgation of positive association regulations if necessary. Requires benefits to be continued even though a disease is removed from the regulations listing diseases having positive associations. Terminates such provisions ten years after the first day of the fiscal year in which a scientific organization transmits its first report to the Secretary. Provides special effective dates. Directs the Secretary to compile and analyze all clinical data that: (1) is obtained by the Department in connection with examinations and treatment of veterans for disabilities related to exposure to certain herbicides or to service in Vietnam; and (2) is likely to be scientifically useful in determining the association, if any, between the disabilities of such veterans and their exposure to such herbicides and other toxic substances. Requires the Secretary to submit an annual report to the veterans' committees concerning such analysis and its results. Directs the Secretary to consult with the Director of the National Institutes of Health Research and Grants Division (NIH) before compiling and analyzing such information. Requires the Director of NIH to review each annual report submitted by the Secretary and transmit to the Secretary an evaluation of the contents of each report. Directs the Secretary to establish and maintain a system for the collection and storage of voluntarily contributed samples of blood and tissue of veterans who performed active service in Vietnam during the Vietnam era. Outlines provisions concerning the security and authorized uses of such specimens, as well as limitations on the acceptance of such samples. Requires the Secretary to consult with the National Academy of Sciences (NAS) to the extent that an agreement has been reached with the NAS serving as the contract scientific organization for the Secretary. Requires the Secretary to consult with the Director of the Medical Follow-up Agency in the event of no agreement with NAS. Directs the Secretary to establish a program to provide for the conduct of studies of the feasibility of conducting additional scientific research on health hazards resulting from: (1) exposure to dioxin; (2) exposure to other toxic agents in herbicides used in support of U.S. and allied military operations in Vietnam during the Vietnam era; and (3) active military, naval, or air service there. Requires the Secretary to report to the veterans' committees on the results of such studies. Requires the Secretary to consult with the NAS before undertaking such studies and requires the NAS to review such studies and report recommendations to the Secretary and the veterans' committees to the extent provided under any agreement between the Secretary and NAS. Amends the Veterans' Benefits Improvement Act of 1988 to require the Secretary to annually furnish updated information to veterans listed in the Department of Veterans Affairs' Agent Orange Registry on health risks resulting from exposure to dioxin or other toxic agents in herbicide as a result of service in Vietnam during the Vietnam era. Directs the Secretary of Health and Human Services to report to the veterans' committees on the research being conducted to develop treatments for psychological absorption of dioxin and other toxic agents used in herbicides by the United States in Vietnam, including research relating to exposure to dioxin and other toxic agents outside Vietnam. Extends through December 31, 2000, the eligibility for hospital and nursing home care for veterans exposed to toxic substances in Vietnam. Amends the Veterans' Benefits Improvement Act of 1988 to authorize direct consultation between the Ranch Hand Advisory Committee and Department of the Air Force scientists conducting the Ranch Hand Study (a study of the long-term health effects of exposure to phenoxy herbicides and contaminants). Requires the preparation and submission of annual reports and a final report in connection with such study.
United States · United States Congress · 3 January 1991
Civil Rights Act of 1991 - Amends the Civil Rights Act of 1964 to provide for the burdens of proof which must be met by the various parties when an allegation of an unlawful employment practice is based on disparate impact. ( Wards Cove Packing Co. Inc. v. Atonio, 1989, held that, in cases brought under Title VII of the Civil Rights Act, the burden is on the plaintiff to prove an employer had no business necessity for a practice with discriminatory effects.) Allows a rule barring employment based on illegal discriminatory intent. Declares that, when an employment practice is alleged to have mixed motives, an unlawful employment practice is established when it is shown that a discriminatory basis was a contributing factor, even though other factors also contributed. Bars certain types of relief and limits damages to the injury that is attributable to the unlawful practice. Provides for the finality of litigated or consent judgments or orders resolving an employment discrimination claim, barring actions (challenging an employment practice that implements and is within the scope of a judgment or order) by persons who had certain types of notice and opportunity. Modifies the time limitations within which certain actions must be taken in alleged employment discrimination cases. (In Lorance v. AT&T Technologies, the Supreme Court held that seniority plans cannot be challenged as discriminatory unless complaints are filed soon after the plans are adopted.) Declares the application of a seniority system, if the system was included in a collective bargaining agreement with discriminatory intent, an unlawful employment practice. Allows punitive damages, certain types of compensatory damages, and jury trials only in connection with certain claims of intentional discrimination under the Act or under the Americans with Disabilities Act of 1990. Allows any party, if compensatory or punitive damages are sought, to demand a jury trial. Includes expert fees and other litigation expenses in attorney's fees which may be awarded in certain circumstances. Prohibits consent orders or judgments settling a claim, or stipulations of dismissal, unless the parties or their counsel attest that a waiver of all or substantially all attorney's fees was not compelled as a condition of the settlement.( Independent Federation of Flight Attendants v. Zipes held that attorneys' fees can be recovered under Title VII against losing intervenors only if the intervenor's action is frivolous, unreasonable, or without foundation.) Allows the court, in its discretion to promote fairness, in a proceeding in which a judgment or order granting relief under employment discrimination provisions is challenged, to allow the prevailing party in the original action to recover attorney's fees and costs incurred in defending the judgment or order. Extends the time limit for filing against the Government a civil action involving employment discrimination. Requires, except for prejudgment interest on compensatory damages, the same interest payment by the Government as in cases involving non-public parties. Requires all Federal civil rights laws to be interpreted broadly to provide equal opportunity and provide effective remedies. Prohibits, except as expressly provided, interpreting any Federal civil rights law to repeal or amend by implication any other such law. Prohibits using this Act as a basis for limiting civil rights laws not expressly amended by this Act. Amends Federal law to declare that: (1) 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 contract; and (2) the rights protected by the amended provisions are protected against impairment by non-governmental discrimination as well as against impairment under color of State law. (In 1989, the Supreme Court ruled, in Patterson v. McLean Credit Union, that an 1866 law forbidding discrimination in contracts applies only to hiring agreements, not on-the-job bias.) Prohibits construing the amendments made by this Act to: (1) require or encourage an employer to adopt hiring or promotion quotas; or (2) affect court-ordered remedies, affirmative action, or conciliation agreements that are otherwise in accordance with the law. Amends the Civil Rights Act of 1964 to apply equal employment opportunities provisions to the Congress, with enforcement as determined by each House of the Congress. Amends the Age Discrimination in Employment Act of 1967 to modify requirements, including time limitations, regarding filing of a civil action. Requires the Equal Employment Opportunity Commission to notify the person aggrieved if an age discrimination charge is dismissed by the Commission. Allows a civil suit to be brought within a specified time limit after the dismissal. Encourages the use of alternative means of dispute resolution to resolve disputes arising under the Acts amended by this Act.
United States · United States Congress · 3 January 1991
Family and Medical Leave Act of 1991 - Title I: General Requirements for Leave - Establishes certain requirements for family and medical leave for permanent employees. (Excludes from such coverage: (1) employees at worksites at which the employer employs less than 50 persons, if the total number of employees of that employer within 75 miles of that worksite is less than 50; and (2) Federal officers and employees covered under title II of this Act.) Entitles employees to 12 workweeks of leave during any 12-month period because of: (1) the birth of their child; (2) the placement of a child for their adoption or foster care; (3) their care of a child, spouse, or parent who has a serious health condition; or (4) their own serious health condition which makes them unable to perform the functions of their position. Conditions such leave for the birth or placement of a child as follows: (1) the entitlement ends 12 months after the birth or placement; (2) both parents may not take such leave at the same time; and (3) such leave may not be taken intermittently unless employee and employer agree otherwise. Allows all leave to which an employee is entitled under this title: (1) to be taken on a reduced leave schedule, upon agreement with the employer; and (2) to consist of unpaid leave, except under specified conditions when substitution of certain types of paid leave may be elected or required. Declares that nothing in this Act shall require an employer to provide paid sick or medical leave in any situation in which the employer would not normally provide any such paid leave. Requires employees to: (1) give reasonable notice of the need for leave to which they are entitled under this Act, when foreseeable; and (2) make a reasonable effort to schedule medical treatment or supervision so as not to disrupt unduly the employer's operations, subject to approval of the health care provider. Allows limitation of the dual aggregate leave entitlement to 12 weeks in any 12-month period, in the case of spouses employed by the same employer, if such leave is for the birth or placement of a child or for the care of a sick parent. Sets forth conditions of certification for leave entitlements under this Act, including provisions relating to: (1) sufficient certification; (2) explanation of inability to perform job functions; (3) second opinion; (4) resolution of conflicting opinions; and (5) subsequent recertification. Sets forth employment and benefits protections relating to leave entitlements under this Act, including provisions relating to: (1) restoration to position; (2) denial of such restoration in the case of certain highly compensated employees; (3) maintenance of health benefits; and (4) no bar to agreement concerning alternative employment. Prohibits employers or other persons from interfering with employee rights under this Act or from discriminating against any individual because of participation in proceedings or inquiries under this Act. Provides for administrative enforcement of this title by the Secretary of Labor, as well as enforcement by civil action. Sets forth provisions for investigative authority, injunctive and monetary relief, attorneys' fees, and limitation of actions. Sets forth special rules concerning employees of local educational agencies, including provisions relating to intermittent leave for instructional employees, periods near the completion of an academic term, and reduction of liability. Requires employers to post notice of the pertinent provisions of this title. Requires fines for willful violations of such requirement. Directs the Secretary of Labor to prescribe regulations to carry out this title. Title II: Family Leave and Temporary Medical Leave for Civil Service Employees - Amends specified Federal law to entitle civil service employees to family and temporary medical leave for specified periods. Allows such employees up to: (1) 18 administrative workweeks in any 24-month period for family leave (i.e., leave because of the birth or placement of a child or care of a sick child or parent), but such leave may not be used at a time more than 12 months after such birth or placement; and (2) 26 administrative workweeks during any 12-month period for temporary medical leave. Provides that such leave will be without pay. Allows employees to substitute other types of paid leave for part of such leave. Provides for protection for job position and health insurance benefits of employees using such leave. Sets forth certification provisions and prohibitions against coercion. Directs the Office of Personnel Management to prescribe regulations for administration of this title which are consistent with the regulations prescribed by the Secretary of Labor under title I of this Act. Title III: Commission on Leave - Establishes the Commission on Leave. Requires the Commission to report on its study of family and medical leave (which may include legislative recommendations concerning coverage of small businesses and alternative and equivalent State enforcement of this Act with respect to employees of local educational agencies) to the Congress within two years after the Commission first meets. Terminates the Commission within 30 days after its report to the Congress. Title IV: Miscellaneous Provisions - Sets forth the effect of this Act on existing laws and existing employment benefits. Provides that nothing in this Act shall be construed to discourage employers from adopting more generous leave policies. Directs the Secretary of Labor to prescribe regulations to carry out this title within 60 days. Title V: Coverage of Congressional Employees - Applies the rights and protections under title I of this Act to employees of the House of Representatives, except for the exemption concerning highly compensated employees. Requires that the remedies and procedures under the Fair Employment Practices Resolution be applied in administering such coverage.
United States · United States Congress · 3 January 1991
Drug Testing Quality Act - Amends the Public Health Service Act to establish a program for the certification of laboratories for the performance of toxicological urinalysis for drug testing programs. Requires the program, as much as practicable, to conform to specified mandatory guidelines for Federal workplace drug testing programs published by the Department of Health and Human Services (HHS guidelines). Mandates regulations to ensure the integrity of drug testing programs. Requires the regulations to conform, as much as practicable, to the HHS guidelines. Provides for the inclusion of additional drugs and classes of drugs for which test methods and cutoff levels are provided. Requires taking into consideration any special factors applicable to amateur athletics. Sets forth specimen collection procedures. Prohibits performing urinalysis for drug testing without certification. Provides for criminal penalties, administrative remedies, injunctions, and certain civil actions. Supersedes less stringent statutes, rules, regulations, orders, and laws. Preempts State or local requirements regarding drug testing laboratory certification or the conduct of testing programs. Requires fees for certification and recertification to cover costs.
United States · United States Congress · 3 January 1991
Amends the National Labor Relations Act and the Railway Labor 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 and who is working for, or has unconditionally offered to return to work for, the employer.
United States · United States Congress · 3 January 1991
Amateur Radio Spectrum Protection Act of 1991 - Amends the Communications Act of 1934 to prohibit the Federal Communications Commission (FCC) from diminishing existing allocations of spectrum (available radio frequencies) to the amateur radio service after January 1, 1991. Requires the FCC to provide replacement spectrum to the service for any frequency reallocation after such date.
United States · United States Congress · 3 January 1991
Brady Handgun Violence Prevention Act - Makes it unlawful for any licensed importer, manufacturer, or dealer to sell, deliver, or transfer a handgun to an unlicensed individual unless: (1) after the most recent proposal of such transfer by the individual, the transferor has received a statement of eligibility from the individual, has notified the chief law enforcement officer for such individual's place of residence about the proposed transfer, and either has received a response indicating that such transfer is not prohibited by law or has not received a response indicating otherwise within seven days; (2) the individual has presented to the transferor a statement from the officer, issued in the past ten days, that the individual requires a handgun because of a threat to him or his family; (3) the individual has presented to the transferor a permit to possess a handgun that has been issued in the past five years by the State in which the transfer is to take place under a State law which requires law enforcement verification of the individual's legal qualification to possess a handgun; (4) State law either requires a waiting period of at least seven days or requires that an authorized government official verifies that the information available to such official does not indicate that possession of a handgun by the purchaser would be unlawful; or (5) the transferor has received a report from any system of felon identification established by the Attorney General under the Anti-Drug Abuse Act of 1988 that the individual's possession or receipt of the handgun would not violate Federal, State, or local law. Requires the statement of eligibility to include a statement that the individual: (1) is not under indictment for and has not been convicted of a crime punishable by imprisonment for a term exceeding one year; (2) is not a fugitive; (3) is not an unlawful user of, or addicted to, a controlled substance; (4) has not been adjudicated as a mental defective or committed to a mental institution; (5) is not an alien who is illegally in the United States; (6) has not been dishonorably discharged from the armed forces; and (7) is not a person who has renounced U.S. citizenship. Requires any transferor who, after a transfer, receives a report from such officer that receipt or possession of the handgun by the individual violates the law, to: (1) furnish information about the transfer and the individual to the chief law enforcement officer of the transferor's place of business and the individual's place of residence; and (2) keep confidential any information received which is not otherwise available to the public, with exceptions. Requires a transferor to retain a copy of the individual's statement. Requires the law enforcement officer to destroy any copy of the individual's sworn statement and any record containing information derived from such statement within 30 days, unless such officer determines that the transaction would violate Federal, State, or local law.
United States · United States Congress · 3 January 1991
Amends the Higher Education Act of 1965 to permit the deferral of payments on student loans during professional internships of any duration (by removing a two-year limitation).
United States · United States Congress · 3 January 1991
Veterans' Compensation Amendments of 1991 - Increases the rates of: (1) veterans' disability compensation; (2) additional compensation for veterans' dependents; (3) the clothing allowance for certain disabled veterans; (4) dependency and indemnity compensation for surviving spouses and children; and (5) supplemental dependency and indemnity compensation for disabled adult children. Authorizes the Secretary of Veterans Affairs to adjust administratively the rates of disability compensation payable to persons who are not in receipt of compensation for service-connected disability or death.
United States · United States Congress · 3 January 1991
Federal Employees' Political Activities Act of 1991 - Prohibits an employee from using or attempting to use official authority or influence to interfere with or affect the result of any election. Prohibits an employee from using or attempting to use official authority to intimidate, threaten, coerce, command, or influence: (1) any individual for the purpose of interfering with the right of any individual to vote as the individual may choose, or of causing any individual to vote, or not to vote, for any candidate or measure in any election; (2) any person to give or withhold any political contribution; or (3) any person to engage, or not to engage, in any form of political activity. Prohibits an employee from using, attempting to use, or permitting the use of any official information, unless such information is available to the general public. Prohibits an employee from: (1) giving or offering to give a political contribution to any individual either to vote or to refrain from voting, or to vote for or against any candidate or measure, in any election; (2) soliciting, accepting, or receiving a political contribution to vote or refrain from voting, or to vote for or against any candidate or measure, in any election; or (3) giving or handing over a political contribution to a superior of the employee. Prohibits an employee from soliciting, accepting, or receiving, or from being in any manner concerned with soliciting, accepting, or receiving, a political contribution: (1) from another employee (or a member of another employee's immediate family) with respect to whom the employee is a superior; or (2) in any room or building occupied in the discharge of official duties by a Federal employee or official or an individual receiving salary or compensation from the Treasury. Prohibits an employee from soliciting, accepting, or receiving a political contribution from, or giving a political contribution to, any person who: (1) has, or is seeking to obtain, contractual or other business or financial relations with the employing agency; (2) conducts operations or activities which are regulated by that agency; or (3) has interests which may be substantially affected by the performance of the employee's official duties. Directs the Special Counsel of the Merit Systems Protection Board to prescribe regulations which exempt employees from such prohibitions. Prohibits an employee from engaging in political activity: (1) while on duty; (2) in any room or building occupied in the discharge of official duties by a Federal employee or official; (3) while wearing a uniform or official insignia identifying the office or position of the employee; or (4) while using any vehicle owned or leased by the Government. Exempts certain high level political appointees from such prohibitions if the costs associated with the political activity are not paid for by money derived from the Treasury. Authorizes leave without pay or accrued annual leave to an employee who is a candidate, upon request, to allow such employee to engage in activities relating to that candidacy. Declares that such request may be denied if the exigencies of the public business so require. Declares that such employee may be required to take leave without pay or accrued annual leave in order to be a candidate if activities relating to the candidacy interfere with the employee's performance of duties. Applies this Act to postal employees and employees of the Postal Rate Commission.
United States · United States Congress · 3 January 1991
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to eliminate the requirement that the amount of monthly benefits payable to a spouse, surviving spouse, or parent be reduced by the amount such individual receives in monthly payments from a Federal or State pension plan.
United States · United States Congress · 3 January 1991
Amends the Internal Revenue Code to provide that payment under a life insurance contract to an insured who is terminally ill be treated as a death benefit, making such payment eligible for exclusion from gross income. Provides that any reference to life insurance shall be treated as referring to a qualified terminal illness rider. Provides for the tax treatment of such riders. Describes such a rider as one which provides for payments to an insured upon the insured's becoming terminally ill.
United States · United States Congress · 3 January 1991
Supports the President's actions to defend Saudi Arabia and his diplomatic and economic initiatives to resolve the Persian Gulf crisis. Demands that Iraq immediately withdraw from Kuwait. Finds that the Constitution vests all power to declare war in the Congress. Declares that any offensive action against Iraq must be explicitly approved in advance by the Congress.
United States · United States Congress · 23 October 1990
Designates the room numbered H-235 in the House of Representatives wing of the Capitol as the Lindy Claiborne Boggs Congressional Women's Reading Room.
United States · United States Congress · 22 October 1990
Savings Association Conversion Moratorium Act - Amends the Federal Deposit Insurance Act to prohibit a Savings Association Insurance Fund member from converting to a State savings bank charter between enactment of this Act and December 31, 1991, without the approval of the Director of the Office of Thrift Supervision before such period began.
United States · United States Congress · 16 October 1990
Salutes and congratulates the people of Poland as they commemorate the 200th anniversary of the adoption of the Polish Constitution on May 3, 1991. Directs the Library of Congress to commemorate the anniversary with appropriate ceremonies.
United States · United States Congress · 27 September 1990
Account Fraud and Deception Prevention Act of 1990 - Amends the Electronic Fund Transfer Act to prohibit preauthorized transfers from a consumer's account which are made on the basis of: (1) any form of negotiation of any check by the consumer; and (2) a provision contained on any check negotiated by a consumer.
United States · United States Congress · 19 September 1990
Declares that: (1) the President should withdraw his request for authority to forgive the military assistance debts owed to the United States by the Egyptian Government; (2) if the President fails to withdraw that request, the Congress should reject it; and (3) the President should develop a plan for the sharing of the costs and responsibilities of checking Iraq's aggression.
United States · United States Congress · 14 September 1990
Amends the Railroad Retirement Solvency Act of 1983 to extend for two years provisions for the transfer of tier 2 railroad retirement benefit taxation revenues from the general fund of the Treasury to the Railroad Retirement Account.
United States · United States Congress · 12 September 1990
Medicaid Prescription Drug Fair Access and Pricing Act of 1990 - Amends title XIX (Medicaid) of the Social Security Act to condition Medicaid coverage of outpatient drugs provided by a manufacturer upon such manufacturer providing a quarterly rebate to each State Medicaid agency so that such agencies end up spending no more for single source and innovator multiple source drugs than the best price charged other customers and recover, for the purchase of other covered drugs, ten percent of the amount charged retail pharmacies and wholesalers for such drugs. Sets the best price at the lower of the best price in the marketplace when the drug is dispensed or the best price in the marketplace as of September 1, 1990, indexed to the consumer price index. Sets a floor and ceiling on manufacturer rebates. Authorizes a physician to obtain prior Medicaid approval to dispense a single source or innovator multiple source drug that is not subject to a rebate. Requires Medicaid prior approval programs to operate 24 hours a day and provide an immediate response to a physician's inquiry. Requires each State to develop a drug review program, by January 1, 1993, to assure that prescriptions are appropriate, medically necessary, and unlikely to result in adverse medical results. Includes prospective and retrospective drug prescription review and physician and pharmacist education in such program. Provides enhanced Federal funding of the cost of such programs. Provides that this Act does not require States to provide Medicaid coverage for the covered outpatient drugs of a manufacturer which requires, as a condition for the purchase of such drugs, that the manufacturer be paid for associated services or tests provided only by the manufacturer or its designee. Directs the Secretary of Health and Human Services to conduct a study on the therapeutic interchangeability of drugs.
United States · United States Congress · 12 September 1990
Deposit Insurance Modernization Act of 1990 - Sets a maximum $100,000 per person aggregate limit for deposits which may be insured by the Federal Deposit Insurance Corporation (FDIC) and the National Credit Union Share Insurance Fund. Sets such limitation without regard to the capacity in which the account holder holds an interest in such account. Makes a deposit insurance declaration a prerequisite for the issuance of deposit insurance. Sets forth a priority scheme for deposit insurance coverage in the case of multiple accounts. Sets forth criminal fines for fraudulent attempts to obtain deposit insurance in excess of such limitation. Prescribes payment and oversight procedures. Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to: (1) limit the aggregate amount of deposit insurance payments which may be made to any one person in any three-year period; and (2) outline a risk-based assessment scheme (including risk-based premiums and credits). Prohibits FDIC insurance coverage on certain deposit obligations which would not have been covered as of April 6, 1989. Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to require insured credit unions and depository institutions to disclose, upon consumer request, their credit ratings. Amends the Federal Deposit Insurance Act to: (1) include foreign deposits in the calculation of assessment rates of depository institutions in certain locations outside the continental United States; and (2) preclude insurance coverage for brokered deposits.
United States · United States Congress · 10 September 1990
Motor Vehicle Fuel Efficiency Act of 1990 - Amends the Motor Vehicle Information and Cost Savings Act to establish average fuel economy standards for passenger automobiles for model years 1995 and thereafter and automobiles other than passenger automobiles (light trucks) for model years 1995 and thereafter. Authorizes the Secretary of Transportation (Secretary), after FY 1995, to modify such standards for model year 2001 and thereafter. Directs the Secretary, in response to petitions filed at least 12 months in advance of the model year, to conduct a rulemaking proceeding to determine whether to increase or decrease such standard to a level that is the maximum feasible average fuel economy for that model year, except that such standard shall not be reduced below a 30 percent increase over the average fuel economy achieved by the manufacturer of such vehicle for model year 1988. Requires the Administrator of the Environmental Protection Agency to report annually to specified congressional committees on a study which: (1) examines the accuracy of fuel economy testing of passenger automobiles and light trucks; and (2) assesses the extent to which fuel economy deteriorates during the lifetime of such vehicles. Directs the Secretary of Energy to distribute at least 100 explanatory booklets each year to every dealer and additional numbers if requested. Requires the Secretary to provide for a review and report to the Congress by the National Academy of Sciences of the current state of research and development in light truck fuel economy and passenger automobile fuel economy and an assessment of the potential for improving the fuel efficiency and reducing the energy consumption of passenger automobiles and light trucks. Requires the Secretary of Energy to study and report to the Congress on the future options for regulating the fuel efficiency of such vehicles beyond 2001. Doubles the civil penalty for repeated violations of the fuel economy standard. Sets forth criteria with respect to the testing of fuel economy for small passenger automobiles that contain airbags.
United States · United States Congress · 3 August 1990
Amends the Atomic Energy Act of 1954 to affirm State authority to regulate the disposal of certain low-level radioactive waste for which the Nuclear Regulatory Commission does not require disposal in a licensed facility.
United States · United States Congress · 3 August 1990
Financial Anti-Fraud Enforcement Act of 1990 - Title I: Declarations Providing New Claims to the United States - Sets forth procedural guidelines for the filing of confidential declarations by private persons about violations affecting a depository institution insured by the Federal Deposit Insurance Corporation (FDIC) or other regulatory agency. Establishes the Financial Institution Information Award Fund to pay awards to such declarants upon conviction of defendants based on information in a valid declaration. Requires the Attorney General to compile a biannual public report on declaration processing. Title II: Declarations Providing the United States with New Information Concerning the Recovery of Assets - Sets forth procedural guidelines for the filing of confidential declarations by private persons identifying specific assets which might be recovered by the United States in satisfaction of a final judgment under this Act. Title III: Rewards for Information Leading to Recoveries, Civil Penalties, or Prosecutions - Amends the Federal Deposit Insurance Act to authorize an appropriate Federal banking agency to reward a person who provides original information leading to recovery under Federal banking laws regardless of the amount of recovery. Amends the Federal criminal code to authorize the use of the Attorney General's sole discretion in making special rewards for information relating to certain financial institution offenses. Sets forth reward guidelines. Title IV: Use of Private Legal Resources - Sets forth guidelines under which the Attorney General may enter into contracts retaining private counsel for any civil action brought about through the filing of confidential declarations by private persons.
United States · United States Congress · 3 August 1990
Coach and Athlete's Bill of Rights - Declares that no coach or player for a team associated with the National Collegiate Athletic Association (NCAA) shall be suspended from the team or reprimanded for actions with respect to the team without access to procedural and substantive due process rules. States that no institution of higher education shall be suspended or prohibited from participating in intercollegiate athletics by the NCAA without access to due process rules. Directs the NCAA to adopt rules for procedural and substantive due process of law for individuals and institutions suspended or prohibited from intercollegiate athletics by such Association.
United States · United States Congress · 3 August 1990
Amends the Foreign Assistance Act of 1961 to declare that the Congress recognizes that prompt U.S. assistance is necessary to alleviate the emergency in Lithuania caused by the Soviet blockade. Authorizes the President to provide humanitarian assistance to Lithuania. Directs the Administrator of the Agency for International Development to: (1) furnish such assistance through voluntary relief agencies; and (2) ensure that Lithuanians receive such assistance as soon as possible. Expresses the sense of the Congress that other nations and voluntary relief agencies should respond to the need of the Lithuanian people by providing or facilitating emergency humanitarian assistance. Authorizes appropriations.
United States · United States Congress · 3 August 1990
Expresses the sense of the Congress that: (1) 1991 should be considered as Rebuild America Year; (2) a national effort to rebuild the infrastructure of the United States should be undertaken to provide assistance to States and localities in meeting core infrastructure needs; (3) the multibillion dollar balances in the Highway and Airport and Airway Trust Funds should be spent to rebuild the infrastructure of the United States; (4) the President should work with the Congress to establish a comprehensive national infrastructure policy and to revitalize and supplement existing programs to achieve this goal; (5) the Federal Government along with State and local governments and the private sector should share their expertise and support in formulating and developing a national effort to rebuild the infrastructure of the United States; and (6) the President and the Congress should dedicate appropriate funding to implement a national effort to rebuild the infrastructure of the United States.
United States · United States Congress · 2 August 1990
Computer Matching and Privacy Protection Amendments of 1990 - Amends the Computer Matching and Privacy Protection Act of 1988 to revise the procedures for verification of information produced by computer matching programs to: (1) remove verification of such information under Federal benefit programs as the alternative to the verification of such information in accordance with the requirements imposed by that Act; (2) change such requirements to investigation and confirmation of specific information relating to an individual that is used as a basis for an adverse action against the individual; (3) prevent imposition of the prohibitions with respect to payments under such benefit programs or other adverse actions until either the agency has independently verified the information or the appropriate Data Integrity Board determines in accordance with guidance required by this Act to be issued by the Director of the Office of Management and Budget (OMB) that the information is limited to identification and amount of benefits paid by the source agency under such a program and there is a high degree of confidence that the information provided to the recipient agency is accurate; (4) prevent such an imposition until the expiration of any time period established for the program by statute or regulation for contesting the agency's determination or, in the case of a program for which no such period is established, within 30 days of the mailing or receipt of a notice informing the individual of the opportunity to contest agency findings with respect to such information; and (5) remove provisions granting individuals such an opportunity to contest under the requirements governing a Federal benefit program. Provides that the verification requirement that the Data Integrity Board must determine that there is a high degree of confidence that the information provided to the recipient agency is accurate shall not apply to aid to families with dependent children, Medicaid, and food stamp programs until the earlier of: (1) the date on which the appropriate Board which administers that program determines that there is not a high degree of confidence that information provided by that agency is accurate; or (2) 30 days after the guidance issued by the OMB Director is published.
United States · United States Congress · 20 July 1990
Directs the Administrator of the Environmental Protection Agency to enter into an agreement with the National Academy of Sciences (NAS) for a study and report to the Congress on: (1) mechanisms for supporting training in the environmental sciences and environmental research through an umbrella research arm, the National Institutes of the Environment, considering research in a wide variety of disciplines; (2) the current state of extramural research support and undergraduate and graduate training relevant to tropical deforestation, species extinction, ecosystem degradation, biological restoration, use of underutilized resources and sustainable resource use, economic consequences of environmental change, and the impacts of humans and the environment on one another; and (3) mechanisms that can be used to advance environmental research and training, their relationship to existing research programs, and appropriate levels and resources of funding. Authorizes appropriations.
United States · United States Congress · 20 July 1990
Defense Budgeting and Full-Cost Disclosure Act of 1990 - Requires the total life-cycle cost (costs of development, procurement, construction, operation, maintenance, and support) of a major defense acquisition program to be included in Selected Acquisition Reports required for such programs. Requires the Secretary of Defense to implement such cost criteria in a uniform manner throughout the Department of Defense. Allows a defense funds restoral (a restoration of funds to an appropriation account of the Department) to be carried out only during the first fiscal year following the end of the period of availability for obligation of the funds to be restored. Requires the Secretary to report to the Congress on the feasibility of the periodic submission of reports on anticipated termination costs of major defense acquisition programs.
United States · United States Congress · 19 July 1990
Prohibits the receipts and disbursements of the Highway Trust Fund (for both the Federal Aid Highway program and the Mass Transit Account) and the Airport and Airway Trust Fund which are allocable to the transportation-related operations of such Funds from being included in either the Federal budget as submitted by the President, or in the congressional budget. Exempts such trust funds from any general statutory budget limitation. Amends the Airport and Airway Improvement Act of 1982 to require the Secretary of Transportation to estimate: (1) the amount of unfunded aviation authorizations at the close of the next fiscal year; and (2) the net aviation receipts for the 24-month period beginning at the close of such fiscal year. Prescribes adjustment procedures for certain unfunded aviation authorizations and for aviation apportionments. Requires the Secretary to report such estimates to specified congressional committees. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to exempt specified Airport and Airway Trust Fund and Highway Trust Fund activities from any sequestration order issued under a certain section of the Act. Amends the Congressional Budget and Impoundment Control Act of 1974 to: (1) exclude receipts and disbursements allocable to transportation-related operations of the Funds in calculating the Federal budget deficit; and (2) prohibit the Congress from considering specified changes to such Funds.
United States · United States Congress · 19 July 1990
State Thrift Deposit Insurance Premium Act of 1990 - Amends the Federal Deposit Insurance Act to direct the Federal Deposit Insurance Corporation to determine and apportion among the States the cumulative cost of Federal assistance provided to State-chartered savings associations for case resolutions. Declares as "high risk" any State whose share of State resolution costs exceeds twice its share of 1980 State deposits. Mandates that each high risk State pay to the Savings Association Insurance Fund prescribed premiums reflecting such risk. Sets forth insurance termination procedures if a State fails to pay the required premium. Requires depositor notification of such insurance termination.
United States · United States Congress · 13 July 1990
FHA Protection and Homeownership Preservation Act of 1990 - Amends the National Housing Act to limit the maximum amount of a Federal Housing Administration (FHA) insured mortgage principal to a property's appraised value. Sets forth periodic premium payment schedules. Limits FHA rebates on unearned premiums. Directs the Secretary of Housing and Urban Development to: (1) insure that the Mutual Mortgage Insurance Fund attains specified capital ratios; (2) conduct annual Fund audits; and (3) adjust premiums as necessary. Authorizes periodic mortgage insurance safety premiums.
United States · United States Congress · 20 June 1990
Establishes the Financial Services Crime Division within the Department of Justice (DOJ), to be headed by an Assistant Attorney General (AAG). Requires the AAG to be responsible for ensuring that all investigations and prosecutions are coordinated within DOJ to: (1) provide the greatest use of civil proceedings and forfeitures to attack the financial resources of those who have committed fraud or engaged in other criminal activity in or against the financial services industry; and (2) ensure that adequate resources are made available in connection with criminal investigations and prosecutions of fraud and other criminal activity in the industry. Establishes the position of Deputy Assistant Attorney General of the Division. Designates all field offices established by the Attorney General for purposes of this Act as the Financial Services Crime Division Strike Forces. Requires the Division to coordinate its activities with other Federal agencies in the investigation and prosecution of crime in the financial services industry. Requires semiannual Division reports to the Congress. Authorizes appropriations.
![Official portrait of Rep. Kleczka, Gerald D. [D-WI-4]](https://www.congress.gov/img/member/k000259_200.jpg)