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 · 13 October 1990
Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to include within the definition of "response action contractor" any surety who provides a bid, performance, or payment bond to a response action contractor and begins activities to meet obligations under such bond. Provides that surety bonds required for direct Federal procurement of response action contracts under the Miller Act shall be issued in accordance with such Act. Provides that, if under any Federal law surety bonds are required for direct Federal procurement of response action contracts: (1) no right of action shall accrue on the performance bond issued on such contract to or for the use of any person other than the obligee named in the bond; and (2) in the event of a default, the surety's liability on a bond shall be only for the cost of completion of the contract work in accordance with the plans less the balance of funds remaining to be paid under the contract, up to the penal sum of the bond.
United States · United States Congress · 11 October 1990
Expresses the sense of the Congress that the President and Secretary of State should personally intervene with the Soviet President and Foreign Minister to secure permission for Anatoly Genis to emigrate from the Soviet Union without further delay to reunite with his family.
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
Desert Shield Burden-Sharing Act of 1990 - Directs the President to determine whether each foreign country that receives trade benefits from the United States is making a commensurate contribution to the multinational military mobilization carried out in response to the Iraqi invasion of Kuwait. Requires the President to impose an additional duty on dutiable products and a duty on duty-free products of countries that are found not to be contributing to the mobilization. Provides for the termination of such duties. Establishes the Desert Shield Reimbursement Fund to receive duties collected under this Act. Makes the Fund available solely to reimburse appropriations made to support U.S. participation in the mobilization.
United States · United States Congress · 3 August 1990
Medicaid Family Care Act of 1990 - Amends title XIX (Medicaid) of the Social Security Act to provide federally reimbursed Medicaid coverage of alcoholism and drug dependency residential treatment services for pregnant women whose family income is below 185 percent of the Federal poverty level and for their Medicaid-eligible children and spouses. Lists the required services included in such coverage as: (1) individual, group, and family counseling and addiction education and treatment provided pursuant to individualized treatment plans; (2) room and board in a structured environment with on-site supervision 24 hours a day; (3) therapeutic child care; (4) parental assistance in obtaining developmental assistance for their preschool children and public education for themselves and their school-age children; (5) easier access to other health, social, and child care services; (6) planning and assistance in reentering society; and (7) continuing specialized training of residential treatment facility staff members in the most recent and effective treatment techniques. Requires that such coverage continue for at least 12 months, except that the coverage of pregnant women must continue for one year following the end of pregnancy. Limits the size of a residential treatment facility to no more than 40 beds unless the State provides assurances that a larger facility can furnish the mandatory services.
United States · United States Congress · 3 August 1990
Small Business Tax Incentive Act of 1990 - Title I: Treatment of Costs of Providing Nondiscriminatory Public Accommodations - Amends the Internal Revenue Code to allow a tax credit for small businesses for the expense of providing public accommodations access to the disabled. Makes such tax credit a part of the general business credit for eligible small businesses. Reduces the tax deduction for expenditures to remove architectural and transportation barriers to the handicapped and elderly. Title II: Other Provisions - Repeals a provision that disallows the income tax deduction of 25 percent of the health insurance costs of self-employed individuals after tax year 1989 (thus extending the deduction permanently). Revises provisions regarding the review of the impact of tax regulations on small businesses with respect to procedures in promulgating final regulations. Requires the booklets of instructions for individual income tax returns to include pie-shaped graphs showing the relative sizes of the major outlay and income categories.
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 · 2 August 1990
Expresses the sense of the House of Representatives that October 1990 should be designated as National Ellis Island Month, in recognition of Ellis Island's upcoming centennial.
United States · United States Congress · 25 July 1990
Lead Pollution Prevention Act of 1990 - Amends the Toxic Substances Control Act to prohibit the manufacturing, processing, or distribution in commerce of certain products containing more than a specified percentage of lead. Authorizes the Administrator of the Environmental Protection Agency (EPA) to modify the allowable lead percentage for such products under certain conditions. Prohibits the manufacture, import, or distribution in commerce of food cans containing more than .1 percent lead by dry weight. Prohibits the sale of leaded gasoline at a price lower than that of unleaded gasoline sold at the same establishment. Directs persons manufacturing, processing, or importing any product containing more than .1 percent lead by dry weight to submit specified information to the Administrator. Requires the Administrator to publish a compilation of such information. Directs owners and operators of primary and secondary lead smelters or refiners and of battery manufacturing facilities to report to the Administrator on lead emissions from their facilities. Requires such facilities to be equipped with emissions monitoring devices meeting the Administrator's requirements. Directs manufacturers or importers of products containing more than .1 percent lead by dry weight to indicate the percentage of lead on such products' labels. Provides for interim labeling requirements until the Administrator promulgates labeling regulations. Prohibits the processing or manufacturing of products with lead contents exceeding .1 percent unless the product is listed in the Administrator's compilation of information or: (1) the manufacturer or processor has submitted a specified notice to the Administrator prior to such manufacturing or processing; (2) such person complies with certain test data requirements; and (3) the Administrator has determined that the product is not likely to contribute to the dispersion of lead in the environment and no comparable product is available in commerce. Prohibits the disposal of used lead-acid batteries other than by recycling in accordance with this Act. Requires persons to dispose of such batteries only by delivery to: (1) battery retailers or wholesalers; or (2) secondary lead smelters or collection or recycling facilities operating in compliance with laws relating to battery reclamation. Sets forth battery disposal requirements for retailers, wholesalers, and manufacturers. Requires battery retailers, wholesalers, and manufacturers to accept from customers used batteries of the same type as the batteries sold. Directs retailers to post a notice for customers containing information about the illegality of improperly disposed batteries and the requirements for accepting batteries. Permits the Administrator to inspect any establishment pursuant to this Act and to issue warnings and citations for noncompliance. Subjects persons who fail to post notices after receiving a warning to penalties of up to $1,000 per day. Requires battery wholesalers who sell batteries to retailers to provide for removal of batteries from the retailers' place of business. Prohibits the charging of fees for accepting batteries from customers. Prescribes civil and criminal penalties for violations of lead-acid battery provisions. Directs the Administrator to undertake a program to promote monitoring, detection, and abatement of lead-based paint and other lead exposure hazards. Requires the Administrator to establish: (1) standards for laboratory analysis of lead in blood and in paint films, soil, and dust; and (2) certification programs to assure the quality and consistency of such analyses, unless voluntary accreditation programs are operating nationwide. Requires the Administrator to develop minimum core curricula for technical training courses for lead-based paint abatement workers, supervisors, designers, inspectors, and building owners. Provides that such courses shall address factors associated with lead testing and abatement in various types of housing units. Directs the Administrator to evaluate such programs and to encourage the development of State certification programs or national proficiency tests. Requires the Administrator to evaluate and develop standards and testing protocols for emerging products and techniques for detecting lead in paint films and dust. Directs the Administrator to report to the Congress on the effectiveness of various abatement and management techniques in reducing lead dust levels. Requires the Administrator to establish a program and develop standards for the evaluation of products and procedures for encapsulating or removing lead-based paint. Directs the Administrator to publish a list of products and procedures that meet performance standards. Requires the Administrator to issue guidelines for the management of lead-based paint debris. Prohibits the funding of travel of EPA employees outside the United States unless such guidelines are issued. Requires the Administrator to undertake a research project on lead exposure in children who have elevated blood lead levels or other indicators of elevated lead body burden. Directs the Secretary of Health and Human Services to sponsor public education and outreach activities to increase awareness of the scope and severity of lead poisoning from household sources and the need for abatement and management action. Requires the Administrator to issue guidelines concerning the levels for lead in soil at which appropriate action must be taken. Directs the Administrator to appoint a Coordinator for Lead Activities. Requires the Administrator to award grants to institutions of higher education for purposes of establishing Centers for the Prevention of Lead Poisoning. Limits the Federal share of Center operation costs. Directs the Secretary, acting through the Director of the Centers for Disease Control, to: (1) encourage State public health officials to report blood-lead measurements to the Director; and (2) report to the Congress on the status of such reporting and the feasibility and desirability of instituting a national requirement for mandatory pre-school blood-lead screening. Amends the Public Health Service Act to require the Secretary, acting through the Director, to establish a blood-lead laboratory reference project to assist State and local governments in establishing and improving the quality of laboratory measurements performed for childhood lead poisoning prevention programs. Amends the Clean Air Act to require a specific revised national ambient air quality standard for lead unless the Administrator promulgates such standard within a certain time period. Amends the Safe Drinking Water Act to require a specific revised national primary drinking water regulation for lead and quarterly monitoring of lead at end users' taps unless the Administrator promulgates such regulation within a certain time period. Requires the Administrator of the Agency for Toxic Substances and Disease Registry to update a report submitted pursuant to the Superfund Amendments and Reauthorization Act of 1986 to include information on childhood lead poisoning. Authorizes appropriations.
United States · United States Congress · 20 July 1990
Asbestos School Hazard Abatement Reauthorization Act of 1990 - Amends the Asbestos School Hazard Abatement Act of 1984 to require State Governors to maintain records on asbestos in school buildings. Deletes a requirement for the submission of asbestos abatement application materials by State Governors to the Secretary of Education. Requires State Governors, in determining the adequacy of financial resources available to a local educational agency for asbestos abatement, to consider the additional costs to such agency of meeting the needs of disadvantaged students. Removes a reporting requirement concerning actions taken by State Governors in accordance with State plans. Directs the Administrator of the Environmental Protection Agency to approve applications for financial assistance no later than April 30 of each year. Prohibits the provision of such assistance to applicants who are not in compliance with title II of the Toxic Substances Control Act. Requires the proceeds from the repayment of Federal asbestos abatement loans and assistance recovery lawsuits to be deposited into the Asbestos Trust Fund. Removes a condition on the provision of financial assistance which requires the submission of an application within five years of the enactment of the Asbestos School Hazard Abatement Act of 1984. Prohibits the approval of assistance applications unless the local educational agency certifies that it is implementing an asbestos management plan and all abatement activities will be conducted by trained and accredited individuals in conformance with the Toxic Substances Control Act. Removes certain requirements for the promulgation by the Administrator of standards for asbestos removal contractors and the protection of school employees trained to carry out abatement activities. Requires the Administrator to report annually (until 1999) to the Senate Committee on Environment and Public Works and the House Committee on Energy and Commerce on the loan and grant program under the Asbestos School Hazard Abatement Act of 1984. Authorizes appropriations for the asbestos abatement program for FY 1991 through 1995. Revises provisions concerning the allocation of appropriations. Permits up to five percent of appropriations to be reserved each fiscal year for the administration of asbestos abatement activities. Authorizes the Administrator to use up to five percent of such appropriations for grants to States for: (1) assisting local educational agencies in performing periodic reinspections and training activities; and (2) maintaining programs to accredit personnel performing asbestos inspections and response actions. Makes conforming amendments to provisions of the Asbestos Hazard Emergency Response Act of 1986 concerning the Asbestos Trust Fund.
United States · United States Congress · 11 July 1990
Savings and Loan Asset Recovery Act - Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to allow a person to bring a civil action for a violation with respect to a federally insured financial institution in the same manner and subject to the same procedures as a person may bring an action under Federal law with respect to civil actions for false claims.
United States · United States Congress · 10 July 1990
Designates September 16 through 22, 1990, as National Rehabilitation Week. Urges each State Governor and local government chief executive to issue proclamations calling upon their citizens to observe such week with appropriate ceremonies and activities.
United States · United States Congress · 28 June 1990
Ice Enforcement and Prevention Act of 1990 - Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to set forth penalties for offenses involving crystalline methamphetamine. Requires: (1) the Department of Education and the National Institute on Drug Abuse (NIDA) to jointly develop model, community-based curricula for disseminating comprehensive information on methamphetamine, crystal methamphetamine, and chemically related stimulants and to distribute such curricula to every primary and secondary school in the country; and (2) the Department to establish at least four statewide or regional methamphetamine prevention demonstration programs, including one project in States that are experiencing serious methamphetamine abuse problems. Authorizes appropriations for such demonstration programs. Requires the Director of NIDA to prioritize the development of a drug to treat addictions to amphetamine, methamphetamine, crystal methamphetamine, and chemically related stimulants. Requires the Director of Health and Human Services to investigate the syndrome that results from methamphetamine addiction at birth and to develop a protocol for treating newborns afflicted with methamphetamine addiction.
United States · United States Congress · 26 June 1990
Involuntarily Separated Military Personnel Benefits Act of 1990 - Provides separation pay for all members of the armed forces who are involuntarily discharged or released from active duty or are denied reenlistment. (Under current law, regular members who were discharged from active duty after a specified date and who had completed five or more, but fewer than 20 years of active duty, were denied such separation pay and no separation pay was provided to enlisted members denied reenlistment.) Fixes the amount of separation pay at ten percent of the product of years of service and 12 times the monthly pay rate at the time of discharge or $60,000, whichever is less. Limits to $60,000 the total amount a member can receive in separation, severance, and readjustment pay based on service in the armed forces. Increases the aggregate amount of unemployment compensation payable to ex-servicemen in any benefit year to 26 times an individual's weekly benefit amount for total unemployment. Directs the Secretary of Defense to conduct a program to furnish employment and training information and services to members of the armed forces who serve on active duty more than 180 consecutive days and are denied reenlistment or involuntarily separated from active duty under honorable conditions in order to assist such members in assimilating to civilian life. Requires the Secretary, no later than 180 days before a separation, to notify the member of such separation and to brief him or her regarding the availability of potential retirement, employment, job preference, and other benefits. Authorizes the Secretary to utilize disabled veterans' outreach program specialists, local veterans' employment representatives, other employment service personnel, and representatives of veterans' service organizations in furnishing such employment and training information. Requires the Secretary, in preparation for the discharge or release from active duty of military personnel stationed outside the United States whose dependents were permitted to accompany them, to reassign such member and dependents to the United States for the final three to six months of the member's tour of active duty. Urges and requests the President to establish a special committee to report on the means of encouraging civilian employers to cooperate with and assist the Government in providing employment training and job placement services to military personnel being involuntarily separated. Authorizes appropriations. Includes an individual who served on active duty at any time in the armed forces for more than 180 consecutive days and is denied reenlistment on active duty or involuntarily separated from active duty under honorable conditions and under criteria established by the Secretary of the military department concerned among those individuals for whom a Federal hiring preference will be given. Expresses the sense of the Congress that with respect to a person involuntarily separated from the armed forces: (1) efforts should be made to expand the number of noncompetitive position appointments available in the Government and to increase the pay grade level for such appointments; and (2) preferential hiring policies and procedures should be established as a condition for receiving the Federal share of expenditures for State and local programs. Directs the Secretary of Defense to contract to provide medical care to a person who is involuntarily discharged or released from active duty and to his or her dependents for 90 days following such discharge or release. Directs the Secretary to inform each such person of the availability for purchase by the member of a conversion health policy. Requires such policy to be purchased within 90 days of the date of such discharge or release. Provides that such a policy shall continue to cover such member and his or her dependents for one year. Outlines preexisting conditions for which such coverage will apply. Authorizes such member and dependents to receive health care at any military medical facility for any injury, illness, or disease incurred before the date of discharge or release, for a specified conditional period. Defines those persons who will not be considered to have been involuntarily discharged or released from the armed forces (such as those released under dishonorable conditions or for unfitness or unsatisfactory performance) and who will not therefore be entitled to such extended medical care. Provides that an individual involuntarily discharged or released from active duty shall be entitled to 36 months of basic educational assistance under the Montgomery GI Bill. Sets forth application requirements and benefit limitations. Defines those persons who will not be considered to have been involuntarily discharged or released from active duty and who are therefore not entitled to such education assistance.
United States · United States Congress · 21 June 1990
Expresses the sense of the House of Representatives that the memory of Walt Disney should be honored on the 35th anniversary of his contribution to the American dream (the opening of Disneyland).
United States · United States Congress · 20 June 1990
House of Representatives Clean Indoor Air Act - Prohibits an individual from possessing a lit tobacco product in any public area within a House office building unless it is in an area designated by the House Office Building Commission. Requires the Clerk of the House of Representatives to study and report to the Committee on House Administration on the feasibility of offering a smoke cessation assistance program for Representatives, officers, and employees of the House.
United States · United States Congress · 19 June 1990
Amtrak Reauthorization and Improvement Act of 1990 - Amends the Rail Passenger Service Act to authorize appropriations through FY 1992 for the National Railroad Passenger Corporation (Amtrak). Limits the liability for certain rail accidents occurring in the District of Columbia to no more than the limits of coverage maintained by a publicly funded commuter transportation authority established under Virginia law to indemnify Amtrak or any railroad over which the authority conducts its operations. Authorizes the use of proceeds from the sale of railroad lines that were acquired and rehabilitated with funds under the Rail Safety and Service Improvement Act of 1982 for similar purposes with respect to railroad lines connected with such a line for the purpose of continued rail service on them. Requires Amtrak to cooperate with the efforts of the Washington State Department of Transportation in designing a study of the feasibility of reestablishing rail service between Seattle, Washington, and Vancouver, British Columbia. Directs Amtrak to study and report to the Congress on the revenue and cost implications of separating the California Zephyr-Desert Wind-Pioneer train into two service routes serving a southern and a control route through Iowa. Prohibits the compensation of any rail or motor carrier employee who works in more than one State from being subject to State income taxes in any State but the State in which the employee resides. Amends the Railroad Unemployment Insurance Act to treat Amtrak as a publicly funded rail carrier with respect to its contribution toward employees' unemployment compensation benefits. Directs the Secretary of Transportation to study and report to the Congress on the potential need among Class II and Class III railroads for Federal guarantees of obligations for funding rehabilitation and improvement of facilities and equipment, acquisition of new railroad facilities, or refinancing of existing debt. Directs Amtrak to report to the Congress on its plan to eliminate its need for Federal operating support by the year 2000. Requires Amtrak to study the economic feasibility of providing new service to areas not served by it as of the enactment of this Act.
United States · United States Congress · 14 June 1990
Tobacco Control and Health Protection Act - Makes it unlawful to manufacture, package, or distribute for sale any cigarettes or smokeless tobacco product unless its package bears one of specified warnings. Regulates the label format and requires rotation of the warning labels. Requires the advertising for cigarettes and smokeless tobacco to bear one of the same list of warnings. Sets forth a separate list of warnings for use on billboards advertising cigarettes. Regulates the warning format and requires rotation of warnings. Prohibits advertising any tobacco product on any medium of electronic communication subject to Federal Communications Commission regulation. Prohibits, subject to exception, the use in advertising of a human or cartoon figure, tobacco trademark logo or symbol, or picture other than a single package on a neutral white background. Requires advertising print to be black on a white background. Prohibits: (1) advertising in conjunction with sports or near schools with students under 21 years of age; (2) free or reduced cost distribution; (3) publicly identified sponsorship of any athletic, music, artistic, or other event; (4) marketing of nontobacco products (including toys) bearing a tobacco trademark; (5) payment to have any tobacco product appear in any entertainment; or (6) payment to have any tobacco trademark appear on sporting equipment, including vehicles. Applies the prohibitions and requirements of this paragraph to advertising, promotion, and packaging of nontobacco products or services which: (1) are manufactured or marketed by a corporation which manufactures or distributes tobacco products, including related companies or licensees, or any person acting with the concurrence or acquiescence of such a corporation; and (2) bear the trademark of a tobacco product manufactured or sold by that corporation. Prohibits packaging from containing a picture or human or cartoon figure unless the picture or figure appeared on the package for five consecutive years before January 1, 1989. Prohibits advertising on any audio tape, audio disc, videotape, video arcade game, or film. Prohibits advertisements and packaging from containing any representation regarding health or safety, including the level of or removal, reduction, or addition of ingredients, tar, nicotine, carbon monoxide, filters, or any other mechanism or device unless the Secretary of Health and Human Services determines that the representation is significant in terms of affecting health and safety and is based upon significant scientific agreement. Prohibits any person from manufacturing, packaging, or distributing any tobacco product unless the person has provided the Secretary a list of all brands, with certain information about their constituents, and the label states the ingredients in descending order. Directs the Secretary to make the information public. Allows the Secretary, if the Secretary determines that any ingredient other than tobacco is unsafe or presents risks to health to the consumer or general public, to require that the levels of that ingredient be reduced or eliminated. Allows the Secretary to require that the manufacturer, packager, or distributor of tobacco products provide consumers with additional information about the adverse effect of tobacco products. Amends the Public Health Service Act to prohibit a State from receiving an allotment under alcohol and drug abuse and mental health services block grant provisions unless the State has in effect a law which: (1) prohibits sale of any tobacco product to any person under the age of 19; (2) requires a place to be licensed to sell any tobacco product; (3) meets other requirements. Authorizes the Secretary to suspend such block grant payments if the Secretary determines a State is not adequately enforcing the law. Amends the Federal Food, Drug, and Cosmetic Act to deem a food misbranded if it is a confectionary or chewing gum in a form resembling cigarettes or other tobacco products. Provides for enforcement of this Act, including through action by the Secretary, injunctions, civil actions by any interested organization, and civil monetary penalties. Sets forth the authority of the Secretary with regard to: (1) research and public information on the effects of tobacco products on human health; (2) implementation of strategies for reducing the consumption of tobacco products; (3) coordination of activities inside the Department of Health and Human Services (HHS), within other Federal agencies, and within private agencies; and (4) liaison with public and private entities. Directs the Secretary to establish a Center on Tobacco and Health to educate the public, support research, assist State and local law enforcement, and take other actions. Establishes within the Center an Interagency Committee on Tobacco and Health to: (1) coordinate research and educational programs within HHS and coordinate those activities with other Federal and private agencies; and (2) maintain liaison with private and public entities. Prohibits any Federal agency, or any State or local statute or regulation, from requiring any statement relating to tobacco and health, other than those required by this Act, to appear on any package or advertisement. Declares that compliance with this Act, the Federal Cigarette Labeling and Advertising Act, or the Comprehensive Smokeless Tobacco Health Education Act of 1986 shall not relieve any person from liability to any other person at common law or under State statutory law. Repeals those Acts one year after enactment of this Act.
United States · United States Congress · 7 June 1990
Designates as South African Freedom Week the week in 1990 coinciding with the first visit of Nelson Mandela to the United States after his release from prison in South Africa.
United States · United States Congress · 24 May 1990
Designates: (1) the House of Representatives office building at C Street and New Jersey Avenue, Southeast, District of Columbia, known as House of Representatives Office Building Annex No. 1, as the Thomas P. O'Neill, Jr. House of Representatives Office Building; and (2) the House office building at 3d and D Streets, Southwest, District of Columbia, known as House of Representatives Office Building Annex No. 2, as the Gerald R. Ford House of Representatives Office Building.
United States · United States Congress · 16 May 1990
Medigap Fraud and Abuse Prevention Act of 1990 - Amends title XVIII (Medicare) of the Social Security Act to penalize individuals who issue, sell, or renew Medicare supplemental policies which are in violation of this Act's standards or offer to sell a policy in a State that has not approved such policy. Requires that Medicare supplemental policy issuers: (1) cover a core group of basic benefits and, if they offer other benefits, issue a policy covering only such basic benefits; (2) provide prospective purchasers of a policy with a summary information sheet describing policy benefits and the amount of any premiums attributable to optional benefits; (3) guarantee the renewability of policies; (4) offer each group policyholder terminating their coverage or group membership the right to continued coverage under an individual policy (the policyholder ending his or her group membership may also opt for continued coverage under the group policy) or, if the old group policy is replaced by a new group policy, the right to coverage under a new group policy without exclusion for preexisting conditions; and (5) suspend policy benefits and premiums upon the policyholder's indication that he or she is entitled to Medicaid (title XIX of the Social Security Act) benefits. Requires the National Association of Insurance Commissioners (NAIC) or, upon the NAIC's default, the Secretary of Health and Human Services to promulgate simplification standards which set the core group of basic benefits policies must provide, limit the additional benefit packages that may be provided, and establish a uniform language and format to be used with respect to policy benefits. Prohibits the sale of policies which do not meet such standards, though permits approved waivers of such standards to test new or innovative benefits. Directs the Secretary to request the NAIC to educate Medicare beneficiaries on the simplification standards. Increases the civil monetary penalty for knowingly selling a policy which duplicates health benefits to which an individual is already entitled. Permits persons aggrieved by duplicative coverage to recover triple damages in a civil suit. Prohibits a policy issuer from selling a policy without: (1) obtaining a written statement of the buyer indicating any health policies of the same type or Medicaid coverage the buyer may have; and (2) notifying the buyer of the possibility and effect of their coverage under the Medicaid program and the address and telephone number of any State Medicare supplemental policy counseling program and the State Medicaid office. Prohibits the issuer from selling a policy to a person who indicates that he or she is covered by the Medicaid program or has duplicative health benefits. Penalizes individuals who sell a policy in violation of such requirements. Increases the percentage of premiums which must be returned to policyholders as benefits. Establishes a process whereby States must approve premium increases prior to their implementation. Requires public hearings for any premium increase request exceeding twice the percentage increase in the medical care component of the consumer price index. Limits Medicare supplemental policy sales commissions. Authorizes appropriations for a matching grant program to assist States in establishing counseling programs to aid Medicare-eligible individuals in choosing Medicare supplemental policies. Prohibits such policies from denying a claim for losses incurred more than six months from the effective date of coverage for a preexisting condition.
United States · United States Congress · 15 May 1990
Emergency Food and Drug Enforcement Act of 1990 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to direct the Secretary of Health and Human Services to debar an individual from submitting any application for approval of a new drug, or for a different or additional use of a previously approved drug, if the individual has been convicted of a Federal felony in connection with the development or approval of any drug. Prohibits the Secretary from taking any action on any application submitted by such an individual. Authorizes the Secretary to debar an individual and take no action on an application if the individual: (1) has been convicted of a Federal or State criminal offense in connection with the development or approval of a drug under such provisions, or involving bribery, fraud, or a similar crime, or obstruction of justice; (2) was named by a U.S. Attorney or a Federal grand jury as an unindicted coconspirator involving such an act; or (3) knowingly used the services of a debarred person. Provides for temporary denial of approval upon probable cause to believe that there has been an actual or attempted bribe or illegal gratuity, or that there has been a pattern of false statements, or a knowing and serious endangering of the public health or safety through multiple violations of the FDCA. Prohibits discrimination by an employer against any employee because the employee participated in the implementation of the debarment or temporary denial provisions of this Act. Requires drug approval applications to certify that the applicant did not and will not use the services of a debarred person in connection with the application. Sets forth civil monetary penalties for false statements, bribes, destruction, or alteration of evidence, obstruction, use of (or actions by) a debarred person, and other acts. Directs the Secretary to suspend for three years the distribution of drugs under any application of the person involved if the Secretary finds a pattern or practice of offenses or acts, for which this Act provides civil penalties, in connection with the development, approval, manufacturing, or distribution of two or more drugs. Prohibits such a finding if the person demonstrates that the offenses or acts did not influence the development, approval, manufacturing, or distribution. Allows the Secretary to waive the suspension if necessary to protect the public health. Directs the Secretary to withdraw approval if there are reasonable grounds to believe that the application was approved, expedited, or otherwise facilited, in whole or in part, through actual or attempted bribery, fraud, or false statement. Directs the Secretary of the Treasury: (1) to destroy any food, drugs, devices, or cosmetics being imported or offered for import if the article presents a threat to the public health; and (2) pending decision on the admission of an article, on request of the Secretary of Health and Human Services, refuse to authorize delivery of the article to the owner or consignee. Prohibits claims for payment for any samples collected, delivered, or examined. Requires manufacturers of low-acid foods for export to the United States, and importers of such foods, to register with the Secretary of Health and Human Services. Directs the Secretary to establish procedures for the registering of identifying marks used by food processing establishments producing such foods. Adds failure to register to the list of prohibited acts under the FDCA. Authorizes the Inspector General to investigate various matters involving the Food and Drug Administration, including allegations of employee misconduct; false or fraudulent materials or records; fraud, false claims, waste, or abuse; felony violations of the FDCA; and illegal sale under Federal law of a drug which is not a controlled substance. Includes agents of the Inspector General in the delineation of powers under the FDCA of enforcement personnel conducting examinations, investigations, or inspections. Removes the requirement that those examinations, investigations, or inspections relate to counterfeit drugs. Declares that provisions prohibiting the disclosure of trade secrets do not authorize the withholding of information from the Congress or its committees or subcommittees. Directs the Secretary to maintain for public inspection certain information concerning applications for drug approval, including the names of the persons conducting the chemistry and bioequivalence reviews.
United States · United States Congress · 15 May 1990
Declares that it is the sense of the Congress that: (1) continued whaling and commercialization of whale meat are a violation of the International Whaling Commission moratorium; (2) the Secretary of Commerce should certify any nation for continued whaling activities rejected as scientifically invalid by the Commission; (3) the President should order an embargo on a significant quantity of fishery products from nations found to be diminishing the effectiveness of the International Whaling Convention; (4) the President should use all diplomatic tools to convince whaling nations to comply with decisions of the Commission; and (5) the President should use all diplomatic tools to encourage support of Commission member nations for a long-term solution to problems before the Commission.
United States · United States Congress · 14 May 1990
Solar, Wind, and Geothermal Power Production Incentives Act of 1990 - Amends the Public Utility and Regulatory Policies Act of 1978 (PURPA) and the Federal Power Act to remove the size limitations placed upon solar, wind, and geothermal facilities eligible for PURPA regulatory benefits.
United States · United States Congress · 14 May 1990
Americans with Disabilities Act of 1990 - Title I: Employment - Prohibits discrimination by any employer, employment agency, labor organization, or joint labor-management committee (covered entity) against any qualified individual with a disability in job application procedures, hiring or discharge, compensation, advancement, training, and other terms, conditions, and privileges of employment. Lists actions construed to be discrimination. Allows: (1) actions that are job related and consistent with business necessity, if performance cannot be accomplished by reasonable accommodation; (2) a requirement that an individual not pose a direct threat to the health or safety of other individuals in the workplace; and (3) requirements that an individual be a member of and conform to the tenets of a religious entity employer. Excludes from the term "qualified individual with a disability" an individual who is currently engaging in the illegal use of drugs. Allows a covered entity to take specified actions with regard to the illegal use of drugs and the use of alcohol in relation to the workplace. Declares that, for this title, a test to determine illegal use of drugs is not a medical examination. Makes the remedies set forth in specified provisions of the Civil Rights Act of 1964 available to the Equal Employment Opportunity Commission, the Attorney General, or any person alleging discrimination in violation of this Act. Title II: Public Service - Subtitle A: Prohibition Against Discrimination and Other Generally Applicable Provisions - Declares that no qualified individual with a disability shall be excluded from the participation in, denied the benefits of, or subjected to discrimination by public entity (defined as a State, an agency, political subdivision, or other instrumentality of a State or States, the National Railroad Passenger Corporation, and any commuter authority as defined in the Rail Passenger Service Act.) Makes the remedies and rights set forth in specified provisions of the Rehabilitation Act of 1973 available to any person alleging discrimination in violation of these provisions. Requires regulations under this subtitle: (1) subject to exception, to be consistent with certain coordination regulations applicable to recipients of Federal financial assistance under the Rehabilitation Act of 1973; and (2) to include standards for facilities and vehicles covered by this subtitle consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board (ATBCB). Subtitle B: Actions Applicable to Public Transportation Provided by Public Entities Considered Discriminatory - Part I: Public Transportation Other Than Aircraft or Certain Rail Operations - Lists actions deemed to be discrimination with regard to: (1) public entities operating fixed route systems, with an exception for historic vehicles; (2) paratransit as a complement to fixed route service, with consideration given to undue financial burdens; and (3) public entities operating demand responsive systems. Allows the Secretary of Transportation, in certain circumstances, to temporarily relieve a public entity from the obligation to purchase new buses that are accessible and usable by individuals with disabilities. Lists actions deemed to be discrimination with regard to construction of new facilities or alterations of existing facilities, with special rules for rapid rail and light rail key stations, including an extension of deadlines for extraordinarily expensive structural changes. Lists actions deemed to be discrimination with regard to public transportation programs and activities in existing facilities, with an exception for certain key stations. Requires one accessible car per train. Provides an exception for historic trains. Requires regulations under these provisions to include standards consistent with the minimum ATBCB guidelines and requirements. Part II: Public Transportation by Intercity and Commuter Rail - Lists actions deemed to be discrimination with regard to intercity and commuter rail. Requires one accessible car per train. Requires accessibility standards included in regulations under this part to be consistent with the ATBCB minimum guidelines. Title III: Public Accommodations and Services Operated by Private Entities - Prohibits discrimination on the basis of disability in the enjoyment of any place of public accommodation. Lists actions construed to be discrimination. Prohibits discrimination on the basis of disability in public transportation services provided by a private entity that is primarily engaged in transporting people. Lists actions construed to be discrimination, with an exception for historic or antiquated rail passenger cars. Exempts from this title: (1) private clubs or establishments exempted from coverage under title II of the Civil Rights Act of 1964; and (2) religious organizations or entities controlled by religious organizations, including places of worship. Makes the remedies and procedures set forth in specified provisions of the Civil Rights Act of 1964 available to any person who is being subjected to discrimination on the basis of disability in violation of this title or who has reasonable grounds for believing that such person is about to be subjected to such discrimination. Declares that nothing in these provisions requires a person with a disability to engage in a futile gesture if the person has actual notice that a person or organization covered by this title does not intend to comply with its provisions. Requires, for certain violations, injunctive orders to alter facilities and, in other circumstances as appropriate, injunctive orders to provide an auxiliary aid or service, modify a policy, or provide alternative methods. Directs the Attorney General to investigate alleged violations of this title and undertake periodic reviews of compliance. Provides for certification by the Attorney General that a State law or local building code or similar ordinance meets or exceeds the minimum requirements of this Act. Makes such certification rebuttable evidence that the law or ordinance meets or exceeds the requirements of this Act. Authorizes the Attorney General to commence a civil action in any U.S. district court if there is reasonable cause to believe that any person or group: (1) is engaged in a pattern or practice of discrimination; or (2) has been discriminated against and the discrimination raises an issue of general public importance. Allows a court, in such an action, to: (1) grant equitable relief as appropriate; (2) award other relief including monetary damages to persons aggrieved when requested by the Attorney General; and (3) assess a civil penalty. Requires any person that offers examinations or courses related to applications, licensing, certification, or credentialing for secondary or postsecondary education, professional, or trade purposes to offer the examinations or courses in an accessible place and manner or offer alternative accessible arrangements. Title IV: Telecommunications - Amends the Communications Act of 1934 to define "telecommunications relay services" to mean telephone transmission services that provide the ability for an individual with a hearing or speech impairment to engage in communication by wire or radio with a hearing individual in a manner that is functionally equivalent to the ability of an individual who does not have such an impairment. Requires the Federal Communications Commission (FCC) to ensure that interstate and intrastate telecommunications relay services are available, to the extent possible and in the most efficient manner, to hearing-impaired and speech-impaired individuals. Grants the FCC, in order to carry out these provisions, the same authority regarding intrastate common carriers as it has over interstate common carriers. Requires each common carrier providing telephone voice transmission services to provide telecommunications relay services, individually, through designees, through a competitively selected vendor, or in concert with other carriers. Requires that relay services operate 24 hours a day, every day and that rates be no greater than for voice communications services. Provides for certification by the Commission of State programs to implement intrastate telecommunications relay services. Requires any television public service announcement produced or funded in whole or part by any agency or instrumentality of the Federal Government to include closed captioning. Title V: Miscellaneous Provisions - Declares that a State shall not be immune under the 11th Amendment to the Constitution from an action in Federal or State court for a violation of this Act. Prohibits retaliatory discrimination against any individual because of actions related to this Act. Prohibits coercion, intimidation, or interference with any individual in the exercise or enjoyment of, or on account of having exercised, or aided or encouraged others regarding, any right granted or protected by this Act. Requires the ATBCB to issue minimum guidelines to supplement the existing Minimum Guidelines and Requirements for Accessible Design, including guidelines regarding historic properties. Allows the awarding of reasonable attorney's fees, in certain circumstances, in any action or proceeding under this Act. Directs the Attorney General to develop a plan to assist entities covered under this Act, and other Federal agencies, in understanding their responsibilities under this Act. Authorizes specified Federal agencies to: (1) render technical assistance regarding rights or duties under this Act; and (2) make grants or award contracts with regard to the provision of technical assistance. Directs the National Council on Disability to conduct a study and report on the effects that wilderness designations and wilderness land management practices have on the ability of individuals with disabilities to use and enjoy the National Wilderness Preservation System. Declares that, for this Act, the term "disabled" or "disability" shall not apply to transvestites. Provides for the application of this Act to the Senate, the House of Representatives, the Congress, and all of their instrumentalities. Declares that certain provisions of this Act and of the Fair Labor Standards Amendments of 1989 applying provisions of each Act to the House of Representatives are enacted by the Congress as an exercise of the rulemaking power of the House of Representatives and may be changed as any other rule. Declares that, for this Act and subject to exception, the term "individual with a disability" does not include an individual who is currently engaging in the illegal use of drugs. Excludes homosexuality, bisexuality, and certain conditions from the definition of "disability." Amends the Rehabilitation Act of 1973 to declare that, for title V of that Act and subject to exception, the term "individual with handicaps" does not include an individual who is currently engaging in the illegal use of drugs.