United States · United States Congress · 3 January 1991
Merchant Mariners Fairness Act of 1991 - Provides that certain qualified service of a member of the U.S. merchant marine, including a vessel crewmember of the U.S. Army Transport Service, during World War II constituted active military service for purposes of eligibility for various veterans' benefits under the GI Bill Improvement Act of 1977. Requires the Secretary of Defense to issue an honorable discharge under such Act to each merchant marine member whose qualified service warrants such a discharge. Defines "qualified service." Prohibits the payment of any retroactive benefits under this Act. Mandates a processing fee of a specified amount for any benefit application for such qualified service. Amends the Merchant Marine Act, 1936 to add references to components or ingredients of equipment, materials, or commodities in certain cargo preference provisions.
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
Flight Attendant Duty Time Act - Amends the Federal Aviation Act of 1958 to direct the Secretary of Transportation to initiate a rulemaking proceeding to establish limitations on duty time for flight attendants. Requires the Secretary to issue final regulations by a specified deadline. Prohibits any air carrier from operating an aircraft using a flight attendant who has been on duty in excess of specified hours or who has had less than a specified number of hours of rest if such regulations have not been promulgated by a certain time. Permits modification of the specified hours of duty if the Secretary determines such modification is in the public interest and submits a copy of the modifying regulations to certain congressional committees.
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
Airline Bankruptcy Passenger Protection Act of 1991 - Amends the Federal Aviation Act of 1958 to direct the Secretary of Transportation to issue an order authorizing a covered air carrier to develop an air transportation plan which protects airline ticket holders in the event it becomes a debtor in bankruptcy proceedings after the ticket purchase date. Provides that if satisfactory plans have not been submitted by a specified deadline, the Secretary must promulgate regulations requiring all covered air carriers to provide air transportation for such ticket holders.
United States · United States Congress · 3 January 1991
Ovarian Cancer Research Act of 1991 - Directs the Secretary of Health and Human Services, through the Director of the National Institutes of Health and the Director of the National Cancer Institute, to conduct or support basic research on certain aspects of ovarian cancer. Prohibits the Secretary from conducting or supporting clinical research on the same matters. Authorizes appropriations.
United States · United States Congress · 3 January 1991
House of Representatives Election Campaign Reform Act of 1990 - Amends the Internal Revenue Code to: (1) establish the House of Representatives Campaign Trust Fund (the Fund) within the Treasury; (2) provide a 100 percent tax credit for the first $200 in contributions an individual makes to a House candidate running for election in the State in which the individual is a resident if such contributions are not transmitted through an intermediary; and (3) provide for a $2 tax check-off on Federal income tax returns to be paid to the Fund. Amends the Federal Election Campaign Act of 1971 to: (1) reduce from $5,000 to $2,000 the maximum amount of contributions a multicandidate political committee may make to any candidate for Federal office per election; (2) prohibit a House candidate from establishing, maintaining, or controlling a political committee, other than an authorized committee of the candidate or a committee of a political party; (3) require a House candidate to report to the Federal Election Commission all contributions totaling at least $25,000, in contributions of $200 or less from individual residents of the State from which the candidate is running in order to receive matching payments for the first $200 in individual contributions up to a maximum amount of $300,000; (4) require the Commission to certify to the Secretary of the Treasury such amounts reported; (5) require a House candidate to certify to the Commission that neither he or she, nor any family members, will furnish more than $100,000 from personal funds for the election; (6) allow the opponents of a House candidate who refuses to make such a certification to receive matching funds for up to $1000 in contributions from individuals regardless of their State residence; (7) allow opponents of a House candidate who violates such a certification to receive from the Fund payments equal to the amount of personal funds furnished for the election in excess of $100,000; (8) allow a House candidate who is certified and is notified by the Commission that he or she is the target of an independent expenditure in excess of $10,000 to receive from the Fund payments equal to 300 percent of the amount of such independent expenditures; (9) require that excess campaign funds be repaid to the Fund on a pro rata basis; (10) require any persons who make independent expenditures in excess of $10,000 to report such independent expenditures to the Commission within 24 hours and to file with the Commission a statement as to which candidate such expenditures are intended to help or hurt; and (11) require the Commission to notify each candidate in the House election of such independent expenditures within 24 hours. Amends the Communications Act of 1934 and the Federal Election Campaign Act of 1971 to, respectively: (1) require broadcast stations to offer their lowest rates for broadcasts which are one to five minutes in length to House candidates who have made a certification that they will limit personal spending to $100,000; and (2) require the inclusion of a statement that a House candidate has not agreed to abide by the spending limits where appropriate in broadcast or print advertisements which solicit contributions or expressly advocate the election or defeat of a clearly identified candidate. Sets forth penalties for violations of this Act. Authorizes appropriations.
United States · United States Congress · 3 January 1991
Language of Government Act of 1991 - Declares English to be the official language of the U.S. Government. States that the Government has an affirmative obligation to preserve and enhance the role of English as the official language. Prohibits anyone from being denied Government services because they communicate in English. Prohibits a Government entity from making or enforcing an official act requiring the use of a language other than English. Deems anyone discriminated against for communicating to the Government in English to have been discriminated against on the basis of national origin. Makes available to a person so discriminated against all lawful remedies available under the Civil Rights Act of 1964.
United States · United States Congress · 3 January 1991
National Commemorative Advisory Act - Establishes the President's Advisory Commission on National Commemoratives to: (1) establish criteria for recommending to the President that a proposed national observance be approved or disapproved; (2) review proposals for national observances submitted in accordance with procedures published by the Commission; and (3) issue recommendations to the President concerning each proposal reviewed.
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
Extends the time for performing certain tax-related acts by reason of service in a combat zone for those individuals performing Desert Shield services. Declares such extended time to be the period during which such individual performs such services and the next 60 days thereafter. Allows the payment of interest on any overpayments due such individuals, starting April 15. (Generally, interest will be paid only on refunds made more than 45 days after a return is filed.) Applies this Act for any period of continuous hospitalization outside the United States attributed to an injury incurred while performing Desert Shield services.
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
Amends the Internal Revenue Code to impose a 100 percent tax on income from frozen Iraqi assets. Authorizes the President to modify such tax if the armed forces of Iraq withdraw from Kuwait within the time and in the manner determined by the President.
United States · United States Congress · 3 January 1991
Constitutional Amendment - Prohibits a person who has been elected to: (1) the Senate two times from being eligible for election or appointment to the Senate; and (2) the House of Representatives six times from being eligible for election to the House.
United States · United States Congress · 3 January 1991
Constitutional Amendment - Provides for staggered four-year terms for Members of the House of Representatives. Prohibits persons from being elected to the House more than four times or more than three times to four-year terms. Prohibits persons from being elected to the Senate more than twice.
United States · United States Congress · 3 January 1991
Constitutional Amendment - Provides for a six-year term for the offices of President and Vice President and prohibits any person from being elected to such offices more than twice. Declares the term of office of a Representative to be three years. Prohibits a person from being a Senator if such person has been a Senator throughout the immediately preceding three terms, or from being a Representative if such person has been a Representative throughout the immediately preceding six terms. States that such prohibition does not prevent any person from filling a congressional vacancy during a term.
United States · United States Congress · 3 January 1991
Declares that the President should instruct the Department of State to convey to the Government in exile of the Emirate of Kuwait the view that reconstruction activity in Kuwait should reflect the troop commitment of allied forces in Operation Desert Shield and that the contract percentage should be acknowledged, adjusted, and used by the Kuwaitis in their award process.
United States · United States Congress · 18 October 1990
Ethics in Foreign Lobbying Act of 1990 - Amends the Federal Election Campaign Act of 1971 to prohibit multicandidate political committees or separate segregated funds of certain organizations or corporations which are controlled by foreign persons from making any contributions or expenditures with respect to an election for Federal office. Directs the Federal Election Commission to require reporting of ownership interest percentages and to list them. Prohibits foreign nationals from participating in the decisionmaking process of domestic organizations engaged in Federal, State, or local election-related activities. Establishes within the Federal Election Commission a clearinghouse of public information regarding the political activities of foreign principals and their agents. Amends the Foreign Agents Registration Act of 1938 to require agents to file quarterly supplemental registration statements. Provides that a foreign principal's legal representative in U.S. courts may only be exempted from filing registration statements upon the submission of an affirmative request for such exemption. Establishes civil penalties for violation of the registration requirements.
United States · United States Congress · 17 October 1990
Amends the Internal Revenue Code to impose a 100 percent tax on income from frozen Iraqi assets. Authorizes the President to modify such tax if the armed forces of Iraq withdraw from Kuwait within the time and in the manner determined by the President.
United States · United States Congress · 17 October 1990
Expresses the sense of the Congress that the President should declare November 2, 1990, a national day of prayer for: (1) members of American military forces and American citizens stationed or held hostage in the Middle East, and for their families; and (2) American and Iraqi authorities to bring about a just resolution of the Persian Gulf crisis.
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 · 30 September 1990
Windfall Profit Tax and Deficit Reduction Act of 1990 - Amends the Internal Revenue Code to reinstate the windfall profit tax on domestic crude oil. Revises the inflation adjustment and declares the base price to be the average price per barrel of taxable crude oil during the four-month period ending on July 31, 1990, as determined by the Secretary of the Treasury. Repeals the phaseout of the tax, thus making the tax permanent law. Limits the category of newly discovered oil to oil from newly drilled wells. Declares the term taxable crude oil to include any futures contract on taxable crude oil and provides for its tax treatment. Establishes the Low Income Energy Support Trust Fund to fund the grant program under the Low-Income Home Energy Assistance Act of 1981 and the weatherization program under the Energy Conservation in Existing Buildings Act of 1976. Transfers to such Fund 50 percent of the taxes received from the windfall profit tax on domestic crude oil. Requires the use of the first-in, first-out method of accounting for crude oil inventorying.
United States · United States Congress · 26 September 1990
Emergency Oil Market Stability Act of 1990 - Amends the Energy Policy and Conservation Act to direct the President to promulgate and transmit to the Congress a standby regulation providing for mandatory allocation of petroleum products and, if deemed necessary, price limits on any petroleum product. Specifies emergency circumstances in which the President may implement such regulation. Mandates that the regulation include an optional standby program for crude oil sharing among refiners. Declares the President shall have no authority to: (1) impose any tax, tariff, or user fee; (2) prescribe minimum petroleum prices; (3) establish a program for the assignment of rights for end-user purchases of gasoline or diesel fuel; or (4) restrict or allocate consumer petroleum inventories. Preempts State and local law about petroleum product pricing or allocation, except where exempted by the President. Permits a Governor to implement a State set aside program for residual fuel oil or any refined petroleum and, if the President approves it, also win exemption. Establishes a civil penalty for violation of the standby regulation. Directs the President to collect information on a State-by-State basis regarding petroleum products pricing, supply, and distribution. Terminates all authority under this Act on a specified date.
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 · 11 September 1990
National Emergency Anti-Profiteering Act of 1990 - Prohibits profiteering with respect to essential commodities following a presidential declaration of a national economic emergency. Establishes criminal penalties and civil remedies for such profiteering (including disgorgement of all profits earned). Sets forth guidelines for the duration of a national economic emergency. Authorizes the Congress to terminate by passage of a joint resolution the designation of a national economic emergency or of the essential commodities with respect to which it exists. Provides for judicial review of the President's determination regarding either an emergency or essential commodities.
United States · United States Congress · 5 September 1990
Amends the Internal Revenue Code to reinstate the windfall profit tax on domestic crude oil. Terminates such tax after the last full month the Resolution Trust Corporation is in existence. Appropriates revenues received from such tax to the Corporation.
United States · United States Congress · 3 August 1990
Violence Against Women Act of 1990 - Title I: Safe Streets for Women - Safe Streets for Women Act of 1990 - Subtitle A: Federal Penalties for Sex Crimes - Amends Federal law to require the U.S. Sentencing Commission to create or amend guidelines to provide for: (1) up to twice the term of imprisonment or fine for violation, after the first conviction, of Federal laws relating to sexual abuse or similar laws of any State or foreign country; and (2) specified minimum terms of imprisonment for aggravated sexual assault, sexual assault, and abusive sexual contact. Amends the Federal criminal code to increase the penalties for sexual abuse of a minor or ward and for abusive sexual contact. Directs the U.S. Sentencing Commission to promulgate guidelines or amend existing guidelines to incorporate the increase in maximum penalties for aggravated sexual assault, sexual assault, abusive sexual contact, and sexual abuse of a minor or award. Requires that a court order restitution for violations of such Federal sexual abuse laws. Subtitle B: Law Enforcement and Prosecution Grants to Reduce Violent Crime Against Women - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require the Director of the Bureau of Justice Assistance to make grants to areas of high intensity crime against women. Requires that the grants be used for personnel, equipment, training, technical assistance, and information systems for the more widespread apprehension, prosecution, and adjudication of persons committing violent crimes against women. Authorizes the Director to make grants to States, for use by States and their subdivisions, for purposes outlined in this Act and to reduce the rate of violent crimes against women. Authorizes the Director, in addition to the grants under this subtitle, to direct any Federal agency, with or without reimbursement, to use its authorities and resources in support of State and local assistance efforts. Authorizes appropriations. Subtitle C: Safety for Women in Public Transit and Public Parks - Directs the Secretary of Transportation, from funds authorized under existing provisions, to make capital grants for the prevention of crime and to increase security in existing and future public transportation systems. Authorizes the Secretary to make grants and loans to States and local public bodies to increase the safety of public transportation through lighting, camera surveillance, security phones, or other projects. Sets the Federal share of each project at 90 percent of the net cost. Directs the Secretary to provide grants and loans to study ways to reduce violent crimes against women in public transit through better design or operation of public transit systems. Amends the Land and Water Conservation Act of 1965 to require the Secretary of the Interior to provide grants for capital improvements and other measures to increase safety in public parks and recreation areas. Authorizes appropriations. Requires the Secretary to: (1) direct the chief law enforcement official within the National Park Service to compile a list of areas within the national park system with the highest rates of violent crime and make recommendations for capital improvements and other measures needed to reduce the rates of violent crime, including sexual assault; and (2) obligate up to $10,000,000 to the national park system for safety measures such as increasing lighting, providing emergency telephone lines, and increasing security and law enforcement personnel. Amends the Public Health Service Act to authorize funding for: (1) rape prevention and education programs conducted by rape crisis centers; and (2) rape prevention demonstration projects to develop and evaluate techniques for lowering the overall incidence of rape by 20 percent by the year 2000 and for reducing the trauma and long-term impact of rape. Authorizes appropriations. Subtitle D: National Commission on Violent Crime Against Women - Establishes the National Commission on Violent Crime Against Women to promote a national consensus on violent crime against women and to make recommendations on reducing such crime. Authorizes appropriations. Terminates the Commission after submission of its final report, subject to extension by the President for up to one year. Title II: Safe Homes for Women - Safe Homes for Women Act of 1990 - Subtitle A: Interstate Enforcement - Provides for a Federal term of imprisonment or fine, in addition to any State penalties, for any person who travels or causes another (including the intended victim) to travel in interstate commerce with intent to injure his or her spouse and who violates a law of any State concerning domestic or family violence. Provides for imprisonment and fines for interstate violation of protection orders, including increased penalties for repeated offenses and for offenses involving serious bodily injury. Mandates that a court order restitution to the victim of an offense under this Act. Requires, provided certain conditions are met, that a protection order issued by the court of one State be accorded full faith and credit by the court of another State. Subtitle B: Arrest in Spousal Abuse Cases - Amends the Family Violence Prevention and Services Act (FVPSA) to prohibit a State or locality from receiving a grant under existing provisions if, as a matter of policy or law, it discriminates against family violence victims by prohibiting or discouraging the arrest of persons committing family violence. Declares that proof that a State or locality permits warrantless misdemeanor arrests based on probable cause in domestic violence situations is sufficient, but not necessary, to show such nondiscrimination. Requires certification of compliance. Amends provisions of the Victims of Crime Act of 1984 relating to grants for crime victim assistance to require certification that a State does not engage in such discrimination against family violence victims. Makes warrantless misdemeanor arrests sufficient to show compliance. Bars any State, locality, or group of States or localities from receiving funds under such Act without certification that it does not discriminate against victims of family violence by prohibiting or discouraging the arrest of persons committing family violence. Amends the FVPSA to authorize the Secretary of Health and Human Services to make grants to eligible States, municipalities, or local government entities, with regard to spousal or family violence, to centralize police enforcement, tracking of cases, prosecution, and judicial responsibility. Directs the Secretary of Health and Human Services to delegate to the Attorney General responsibility for carrying out these provisions and transfer to the Attorney General a limited amount of funds appropriated under existing provisions. Subtitle C: Funding for Shelters - Amends the FVPSA to authorize appropriations to carry out that Act, earmarking at least 60 percent of funds appropriated for State demonstration grants to prevent family violence and provide immediate shelter and related assistance. Subtitle D: Judicial Training - Directs the Attorney General, from funds appropriated under specified provisions of the FVPSA, to provide a certain amount to the State Justice Institute for developing model programs for training judges in the laws of the States on spousal abuse and family violence. Title III: Civil Rights - Declares that all persons within the United States shall have the same rights, privileges, and immunities in every State as are enjoyed by all other persons to be free from crimes of violence motivated by the victim's gender (defined as rape, sexual assault, or abusive sexual contact motivated by gender-based animus). Makes any person, including a person who acts under color of any statute, ordinance, regulation, custom, or usage of any State, who deprives another of the rights, privileges, and immunities secured by the Constitution and laws as enumerated by this Act liable to the injured party for compensatory and punitive damages.
United States · United States Congress · 3 August 1990
Black Lung Benefits Restoration Act of 1990 - Title I: Interim Presumption of Eligibility for Black Lung Benefits - Amends the Black Lung Benefits Act (the Act) to provide for a rebuttable presumption of disability due to pneumoconiosis with respect to certain coal miners whose claims were filed during a specified period under the Black Lung Benefits Program. Establishes such presumption if a single piece of qualifying evidence is presented. Provides that other relevant medical evidence shall be considered only in connection with rebuttal of the presumption. Title II: Claims Review - Directs the Secretary of Labor (the Secretary) to review any black lung benefits claim filed under the Act either with the Department of Labor before April 1, 1980, or with the Social Security Administration at any time. Requires such review to follow certain guidelines established before and by the enactment of the Black Lung Benefits Reform Act of 1977, and to disregard amendments made after such enactment. Requires immediate payment of claims approved under such review. Requires, in the case of claims rejected under such review, the claimant to be given an opportunity to present additional medical or other evidence. Requires benefits granted under such review to be assessed against the Black Lung Disability Trust Fund. Title III: Repayment of Benefits - Provides that, when black lung benefits under the Act are paid for at least two years after an initial determination of eligibility, repayment of such benefits will not be required even upon a final determination of ineligibility. Title IV: To Extend the Moratorium on Interest Owed by the Black Lung Disability Trust Fund to the United States Treasury - Extends through FY 1995 the current moratorium on interest owed to the Treasury by the Black Lung Disability Trust Fund. Title V: Contingency Fee Arrangements - Establishes under the Act a contingency fee arrangement system under which an attorney may be paid up to 25 percent of the black lung benefits paid to the claimant during specified periods of representation by such attorney.
United States · United States Congress · 3 August 1990
National Academy of Science, Space, and Technology Act - Requires the Director of the National Science Foundation to establish a National Academy of Science, Space, and Technology for the instruction and preparation of selected individuals for service in a science, mathematics, or engineering related capacity in the employ of the United States or a U.S. corporation. Empowers the Director to appoint an Advisory Board to advise him on matters relating to the Academy. Sets forth: (1) the eligibility requirements for an institution of higher education applying to become a member institute; (2) the application procedure; (3) the criteria for the selection of member institutes; and (4) requirements of the Director in selecting member institutes. Allows only individuals who are citizens or nationals of the United States to be eligible for scholarships to the Academy. Requires the Director to establish criteria for measuring the potential nomination and selection of scholarship recipients. Provides for nomination of recipients by Members of and Delegates to the House of Representatives, with the Director selecting recipients from among such nominees. Conditions the acceptance of a scholarship to the Academy on a recipient's written agreement to serve for a time period equal to one year for each academic year for which the individual was provided a scholarship to the Academy, in the employ of a Federal agency or a U.S. corporation. Requires the Director to report annually on the Academy to the Congress. 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
Airline Passengers Defense Act of 1990 - Directs the Secretary of Transportation to establish in the Department of Transportation an Office of Airline Passenger Advocacy. Establishes the Office of Airline Passenger Advocacy Advisory Group. Amends the Federal Aviation Act of 1958 to prohibit air carriers from cancelling a flight within 72 hours of its scheduled departure time for any reason, except for safety reasons or the absence of any passengers at such departure time. Requires air carriers which cancel such flights for safety-related reasons to report to the Secretary on the cancellation, the reasons for it, and actions taken to resolve the safety-related problem. Requires air carriers to notify their passengers of any delays of 15 minutes or more in the departure or arrival of scheduled flights. Requires an air carrier which cancels a flight in violation of this Act, or alters stopping places of such flight for any reason other than safety, to compensate passengers. Prohibits on-time performance of regularly scheduled flights from being 30 percent or less in any consecutive three-month period. Requires the Secretary to establish in the Office of Airline Passenger Advocacy a toll-free telephone number system for receiving passenger complaints relating to air service. Sets forth requirements relating to: (1) ticket information; and (2) lost or damaged baggage claims. Sets forth civil penalties for economic cancellations and consistently delayed flights by air carriers.
United States · United States Congress · 30 July 1990
Amends the Wild and Scenic Rivers Act to designate certain segments of the Allegheny River in Pennsylvania as a component of the National Wild and Scenic Rivers System. Requires the Secretary of Agriculture to establish the Northern Advisory Council and the Southern Advisory Council to advise on the establishment of final boundaries and the management of the Allegheny National Recreation River. Authorizes appropriations.
United States · United States Congress · 30 July 1990
Calls for States to develop procedures that require medical examiners and coroners to make reasonable, good faith efforts to locate and notify the next of kin of deceased persons where the identity of the deceased or the next of kin is unknown.
United States · United States Congress · 27 July 1990
Title I: Research - Subtitle A: Health Research Act - Women's Health Research Act - Amends the Public Health Service Act to establish within the Office of the Assistant Secretary for Health the Office of Women's Health to coordinate all activities and research of the Department of Health and Human Services relating to disease, disorders, or other health conditions that are unique to, more prevalent in, or more serious for women, or for which risk factors or interventions are different for women. Establishes in the National Institutes of Health (NIH) the National Center for Women's Health Research and Development. Requires the Center, with respect to women's health research, to: (1) identify research projects conducted or supported by each agency of the NIH and of the Alcohol, Drug Abuse, and Mental Health Administration (ADAMHA); (2) evaluate such projects and select those that have particular merit; (3) provide amounts to the agencies for the projects; and (4) take other actions. Requires the Director of the Center to: (1) investigate the extent to which women are being included in NIH or ADAMHA research; (2) investigate whether the projects are being carried out in accordance with policies regarding the inclusion of women; (3) coordinate NIH and ADAMHA research with respect to women's health; and (4) take other actions. Requires the Director of the National Institute of Child Health and Human Development to conduct a program for clinical research in obstetrics and gynecology. Requires the Director of the Center to establish the National Women's Health Data Bank and the National Women's Health Clearinghouse. Directs the Secretary of Health and Human Services to establish: (1) within the Center the National Women's Health Clinical Research Advisory Board; and (2) the Interagency Council on Women's Health Research and Development. Authorizes appropriations. Subtitle B: Clinical Trials Fairness Act - Clinical Trials Fairness Act - Amends provisions of the Public Health Service Act relating to the national research institutes and provisions relating to the Alcohol, Drug Abuse, and Mental Health Administration (ADAMHA) to direct the Secretary of Health and Human Services to ensure, in conducting or supporting clinical research, that women and minority groups are included as research subjects, unless inappropriate. Requires that any project be designed and carried out so as to provide for a valid analysis of whether the research variables affect women or minorities differently than other subjects. Directs the Secretary to establish within the advisory council of each institute and each agency of ADAMHA a Clinical Research Equity Subcommittee to review all clinical research of that agency to determine whether the research is being conducted in accordance with requirements of this Act. Provides for suspension or revocation of the authority for any project the Secretary determines is not being conducted in accordance with those requirements. Defines "minority groups" to mean racial and ethnic minority groups. Requires that the technical and scientific peer review process in the institutes and ADAMHA include an evaluation of the inclusion of women and minority groups as research subjects. Subtitle C: Breast Cancer Research - Authorizes appropriations to the National Cancer Institute for breast cancer research other than research that involves treatment or clinical trials. Subtitle D: Contraceptive and Infertility Research Centers Act of 1990 - Contraception and Infertility Research Centers Act of 1990 - Amends the Public Health Service Act to require the Director of the Institute of Child Health and Human Development to make grants and enter into contracts for centers for improving methods of contraception and centers for diagnosing and treating infertility. Requires the Director, subject to appropriations, to provide for three centers on contraception and two centers on infertility. Requires each center to: (1) conduct clinical and other applied research; (2) develop training protocols for and conduct training of physicians, scientists, nurses, and other health and allied health professionals; (3) develop model continuing education programs; and (4) disseminate information to such professionals. Allows a center to use the funds to provide: (1) stipends for health and allied health professionals enrolled in the training programs; and (2) fees to individuals serving as subjects in the clinical trials. Requires each center to use the facilities of a single institution, or be formed from a consortium of cooperating institutions, meeting requirements as prescribed by the Secretary of Health and Human Services. Allows support for a center to be for a period of up to five years, with extensions of one or more periods of up to five years if the center's operations have been reviewed by a peer review group and the group has so recommended. Authorizes appropriations. Amends the Public Health Service Act to direct the Secretary to establish a program of entering into agreements with health professionals, including graduate students, under which the professionals agree to conduct research with respect to contraception or infertility in consideration of the Government agreeing to repay, for each year of such service, not more than a specified amount of the principal and interest of their educational loans. Applies provisions of the National Health Service Corps Loan Repayment Program to this program, except as inconsistent. Authorizes appropriations. Requires amounts appropriated to remain available until the end of the second fiscal year after they are appropriated. Subtitle E: Contraception and Infertility - Declares that the Congress should: (1) establish a program of research for the development of methods of contraception and methods of diagnosing and treating infertility; (2) provide adequate long-term resources for the program; (3) ensure that Federal programs with respect to sexually transmitted diseases adequately respond to the role of such diseases in infertility; (4) ensure public education on contraception and infertility; (5) establish as Federal goals the development, by the year 2010, of improved barrier methods to protect against pregnancy and diseases, new methods of contraception for use by men, a vaccine-like drug for women that prevents pregnancy for a significant period of time without other specified effects, and new and improved techniques of diagnosing and treating infertility; (6) require the Secretary of Health and Human Services to reestablish the Ethical Advisory Board in order to facilitate research with respect to infertility; (7) review the policies and procedures of the Food and Drug Administration with respect to expediting approval of drugs and devices for use by the public, especially with respect to contraception and infertility; and (8) determine to what extent measures can be implemented by public or private entities to resolve liability issues involved with drugs and devices concerned with contraception and infertility. Subtitle F: Women and AIDS Research Initiative - Women and AIDS Research Initiative Amendments of 1990 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services, through the Director of the National Institutes of Health (NIH), the Administrator of the Alcohol, Drug Abuse, and Mental Health Administration, or both, to establish a program to conduct biomedical and behavioral research on cases of infection with the etiologic agent for acquired immune deficiency syndrome (AIDS) in women. Authorizes the Secretary to conduct the research directly or through grants. Specifies forms of research to be included. Authorizes appropriations. Authorizes appropriations for grants for community-based clinical trials on experimental treatments for such infection for women. Allows the Director of the NIH to authorize grantees to expend the grants to provide individuals with such transportation, child care, and other incidental services as may be necessary to enable the individuals to participate as subjects in the trials. Subtitle G: Osteoporosis and Related Disorders Research - Osteoporosis and Related Bone Disorders Research, Education, and Health Services Act of 1990 - Amends the Public Health Service Act to require the Director of the National Institute of Arthritis and Musculoskeletal and Skin Diseases (NIAMSD) and the Director of the National Institute on Aging (NIA) to expand and intensify research on osteoporosis and related bone disorders. Requires, with respect to osteoporosis and related bone disorders: (1) the NIAMSD Director to increase the number of Specialized Centers of Research; and (2) the NIA Director to increase the number of program project grants devoted to creating centers of excellence. Authorizes appropriations. Establishes in the Department of Health and Human Services the Interagency Council on Osteoporosis and Related Disorders and the Advisory Panel on Osteoporosis and Related Disorders. Authorizes appropriations for the Advisory Panel. Directs the Secretary of Health and Human Services to make up to three grants to establish model health promotion projects for community-based education on osteoporosis, with each project targeting one of these groups: young and teenage girls, midlife women, and older men and women. Authorizes appropriations. Requires the NIAMSD Director to make grants or enter into contracts to establish a Resource Center on Osteoporosis and Related Disorders to: (1) disseminate information about research results, services, and educational materials to health professionals, patients, and the public; and (2) coordinate regional training for the development of health professional resource networks. Requires grant and contract recipients to establish: (1) a central computerized information system to, among other matters, translate scientific and technical information into information readily understandable by the general public; and (2) a national toll-free telephone information line. Requires the grant or contract recipient to charge fees for providing information, but allows exceptions for individuals and organizations unable to pay. Authorizes appropriations. Title II: Services - Subtitle A: Informed Consent for Breast Cancer Treatment - Breast Cancer Treatment Informed Consent Act - Requires any State receiving funds under titles V (Maternal and Child Health Block Grant) or XIX (Medicaid) of the Social Security Act or under the preventive health service provisions of the Public Health Service Act to require any physician or surgeon licensed to practice medicine in such State to inform any breast cancer patient of alternative methods of treatment for breast cancer before such treatment is begun. Requires that the patients be informed by means of: (1) a standardized written summary in layman's language and in a language understood by the patient of alternative methods of treatment; and (2) an explanation of the treatment options described in such written summary together with the risks associated with each procedure relative to each patient's particular medical circumstances. Subtitle B: Reimbursement for Certain Nurse Practitioners Under Medicare and Medicaid - Women's Health Care Coverage Expansion Act of 1990 - Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to provide Medicare and Medicaid coverage of obstetrical and gynecological services furnished by nurse practitioners. Subtitle C: Adolescent Pregnancy and Parenthood Act of 1990 - Mickey Leland Adolescent Pregnancy Prevention and Parenthood Act of 1990 - Replaces the current title XX (Adolescent Family Life Demonstration Projects) of the Public Health Service Act with a new title on adolescent pregnancy prevention, care, and research grants. Authorizes the Secretary of Health and Human Services to make grants to provide care services to pregnant adolescents and adolescent parents and prevention services to nonpregnant adolescents. Lists permissible uses for the grants. Requires that grantees charge fees for services only according to a fee schedule approved by the Secretary that bases fees on income. Prohibits a grantee from discriminating on the basis of an individual's inability to pay for services. Sets forth priorities in making the grants. Provides for the amount of a grant. Prohibits the Federal portion of the grant from exceeding 75 percent of annual program costs. Allows non-Federal contributions to be in cash or in kind. Allows the Secretary to waive the 75 percent limitation in accordance with criteria established by regulation. Sets forth descriptions and assurances which must be included in grant applications. Requires grant recipients to spend between three and ten percent to conduct, through an independent entity, an evaluation of the services supported. Directs the Secretary to coordinate Federal policies and programs providing services relating to the prevention of initial and recurrent adolescent pregnancies and providing care for pregnant adolescents and adolescent parents. Requires grant recipients to coordinate activities with other grant recipients in the same locality. Authorizes the Secretary to make grants to support: (1) research concerning the societal causes and consequences of pregnancy, childbearing, and child rearing for adolescent females and males; (2) evaluative research to identify services that reduce adolescent pregnancy rates and that improve the outcome of adolescent childbearing; and (3) the dissemination of information from programs and research relating to adolescent pregnancy and parenthood. Allows research and dissemination grants to be made for one year, with renewals for four additional one-year periods. Limits the amount of a grant for direct costs, but allows: (1) additional amounts for indirect costs as the Secretary deems appropriate; and (2) the Secretary to waive the limitation. Sets forth allowed and prohibited uses of the funds. Directs the Secretary to coordinate research and dissemination activities carried out under these provisions with such activities carried out by the National Institutes of Health (NIH). Directs the Secretary to establish a system for the review of applications that is substantially similar to the system for scientific peer review of the NIH. Requires the creation of a panel to review applications. Requires grants to be made from among programs the panel has determined to be of scientific merit. Authorizes appropriations for carrying out the title added by this subtitle. Prohibits use of funds for grants under this subtitle for payment for the performance of an abortion. Subtitle D: COBRA Displaced Family Amendments Act of 1990 - COBRA Displaced Family Amendments of 1990 - Amends the Internal Revenue Code, the Employee Retirement Income Security Act of 1974, and the Public Health Service Act to declare that specified provisions relating to the required period of group health plan continuation coverage do not apply to the qualifying events of death, divorce, or legal separation involving a beneficiary who is 50 years old or older. Requires that coverage continue until the 23rd birthday for a beneficiary under 20 years old at the time of such an event involving a covered employee 50 years old or older. Entitles beneficiaries who have applied for, but not received, a determination of disability before the end of an 18 month period after the qualifying event to a continuation period of 29 months. Requires that notice of the option to enroll under a conversion plan be given during the 120-day period ending 60 days before the expiration of the continuation coverage. (Current law requires such notice be given during the 180-day period ending on the expiration date of the continuation coverage.) Allows continuation coverage to end on the date on which the employer or successor employer (currently, the employer) ceases to provide any group health plan to any employee. Subtitle E: Federal Employee Family-Building Act - Federal Employee Family-Building Act of 1989 - Requires any contract for health benefits for Federal employees that provides obstetrical benefits to also provide benefits for family-building procedures. Provides that payment terms or conditions under such contracts shall be no more restrictive for family-building benefits than for obstetrical benefits. Requires such contracts to provide that: (1) benefits shall consist of reimbursement for reasonable and necessary medical expenses and counseling fees directly relating to the adoption of a child; and (2) benefits shall be available in connection with obstetrical care for the biological mother and medical care for the child if, or to the extent that, the pre-adoptive or adoptive parent or parents are legally responsible for the cost of such care. Directs the Office of Personnel Management to authorize the use of sick leave for purposes relating to family-building procedures. Defines "family-building procedure" as a medical procedure to overcome infertility (including procedures to achieve pregnancy and procedures to carry pregnancy to term) and procedures relating to child adoption. Title III: Prevention - Subtitle A: Medicaid Infant Mortality Amendments of 1990 - Medicaid Infant Mortality Amendments of 1990 - Amends title XIX (Medicaid) of the Social Security Act to phase-in mandatory State coverage of pregnant women and infants whose family income is below 185 percent of the Federal poverty level. Deducts child and medical care costs from the income eligibility test. Directs the Secretary of Health and Human Services to report to the Congress by July 1, 1991, on State error rates in determining the Medicaid eligibility of pregnant women and infants. Suspends error rate penalties attributable to such eligibility determinations made from July 1, 1989, until one year after the Secretary's report. Authorizes States to provide Medicaid coverage of prenatal home visitation services for high-risk pregnant women and/or postpartum home visitation services for high-risk infants. Excuses women, during and for 60 days after pregnancy, from a requirement to cooperate in: (1) establishing paternity regarding a child born out of wedlock; (2) obtaining support and payments. Subtitle B: Breast and Cervical Cancer Mortality Prevention Act of 1990 - Breast and Cervical Cancer Mortality Prevention Act of 1990 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services, through the Director of the Centers for Disease Control, to make grants to States, with regard to breast and cervical cancer, for screening, referrals and follow-up services, public information and education programs, education and training for health professionals, quality monitoring of screening, and evaluations of such activities. Sets forth preferences in making the grants and requires equitable geographical distribution. Requires matching non-Federal funds in a specified ratio. Requires that States agree to: (1) provide all of certain services by a specified date; (2) switch to any improved screening procedures which become available and are recommended for use; and (3) assure the quality of any screening procedures used. Directs the Secretary to establish guidelines for assuring the quality of mammography and cytological screening conducted under these provisions. Requires that low-income women be given priority in the provision of services. Requires that a charge for services, if any: (1) be made according to a public schedule; (2) be adjusted for income of the woman involved; and (3) not be imposed on any woman with incomes below the poverty line. Requires services to be provided throughout a State, including to members of any Indian tribe or tribal organization. Authorizes the Secretary to provide training and technical assistance. Directs the Secretary to provide for annual evaluations of programs carried out under this Act. Authorizes appropriations. Limits the number of grants made to seven in FY 1991. Subtitle C: Mammography Reimbursement Under Medicare - Part 1: Screening Mammography Medicare Coverage Act of 1989 - Screening Mammography Medicare Coverage Act of 1989 - Amends title XVIII (Medicare) of the Social Security Act to cover screening mammographies for women over age 34 under part B (Supplementary Medical Insurance) of the Medicare program. Part 2: The Rose Kushner Medicare Screening Mammography Act of 1990 - Rose Kushner Medicare Screening Mammography Act of 1990 - Amends title XVIII (Medicare) of the Social Security Act to cover screening mammographies for women over age 34 at a frequency which varies on the basis of a woman's age and risk of developing breast cancer. Finances such coverage by increasing the Medicare part B (Supplementary Medical Insurance) premium. Part 3: Older Women's Breast Cancer Prevention Act of 1990 - Older Women's Breast Cancer Prevention Act of 1990 - Amends title XVIII (Medicare) of the Social Security Act to cover screening mammographies for Medicare-eligible women whose last screening mammographies were performed more than 11 months previously. Determines the payment amount for such service pursuant to a fee schedule. Subtitle D: Coverage of Bone Mass Measurement Under Medicare - Medicare Bone Mass Measurement Coverage Act of 1990 - Amends title XVIII (Medicare) of the Social Security Act to provide Medicare coverage of bone mass measurements. Subtitle E: Women and AIDS Outreach and Prevention Act - Women and AIDS Outreach and Prevention Act - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to make grants regarding prevention of acquired immune deficiency syndrome (AIDS) and other sexually transmitted diseases in women, including preventive health services, screening, providing treatment (for such diseases other than AIDS), referrals, and follow-up services. Requires that a grantee be an entity that provides health or voluntary family planning services: (1) to a significant number of low-income women; and (2) in an area with a significant number of AIDS cases in women and in newborn infants. Requires that grantees maintain the confidentiality of information on individuals, subject to complying with applicable law. Authorizes appropriations. Subtitle F: Infertility Prevention Demonstration Projects of 1990 - Infertility Prevention Demonstration Projects Act of 1990 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to make grants for demonstration projects for the prevention and control of the sexually transmitted disease known as chlamydia, including by providing: (1) to women services relating to counseling, screening, treatment, referrals, follow-up, and outreach; and (2) public information and education and data collection. Requires that grantees be grant recipients under specified provisions that provide preventive gynecological health care. Prohibits charging for the services or information. Authorizes appropriations. Limits the number of grants to ten in fiscal year 1991.
United States · United States Congress · 26 July 1990
Religious Freedom Restoration Act of 1990 - Prohibits a governmental authority from restricting any person's free exercise of religion unless: (1) the restriction is in the form of a rule of general applicability that doesn't intentionally discriminate against religion or among religions; and (2) the governmental authority demonstrates that application of the restriction to a person is essential to furthering a compelling governmental interest and the least restrictive means of doing so. Authorizes a party aggrieved by a violation of such prohibition to obtain relief, including attorney fees, in a civil action.
United States · United States Congress · 25 July 1990
Shipbuilding and Repair Industry Trade Act of 1990 - Directs the Secretary of Commerce to annually determine and publish the net shipbuilding and repair subsidy provided, directly and indirectly, to each major shipbuilding and repair company in foreign countries meeting certain requirements. Requires the information submitted to the Secretary in connection with the determinations to be treated as proprietary if it meets certain requirements of the Tariff Act of 1930. Requires each company to repay to its government the total value of the aggregate subsidy provided, plus interest. Directs the Secretary to: (1) require certification from both the company and the foreign government that the payments have occurred; and (2) if requested, verify the repayment. Directs the Secretary, if a company has not complied, to direct the Commandant of the Coast Guard to collect an annual assessment on each vessel constructed or repaired by the company. Sets the amount of the assessment at the amount of the net subsidy, adjusted by partial repayments and increased by any previous unpaid assessment. Prohibits a vessel from entering a U.S. port until the assessment is paid in full. Amends the Tariff Act of 1930 to impose an ad valorem duty on the cost of non-emergency equipment purchased or work done on a U.S.-documented vessel in a country that provides a subsidy to its ship construction and repair industry, as determined by the Secretary and the U.S. Trade Representative. (Current law imposed the same level of duty on equipment and repairs, making no reference to emergencies and not limiting the ad valorem duty to equipment or repairs done in a country that provides subsidies.)
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