United States · United States Congress · 7 March 1990
Consumer Credit Protection Amendments of 1990 - Title I: Fair Credit Reporting Amendments - Amends the Fair Credit Reporting Act to place additional restrictions on the permissible purposes of consumer reports. Adds dwelling rental applications and check cashing privilege applications to the list of permissible uses. Prohibits, subject to exception, a consumer reporting agency (CRA) from furnishing certain reports in connection with any credit or business transaction which is not initiated by the consumer. Prohibits a CRA from reporting Chapter 13 bankruptcy information that is more than seven years old and other bankruptcy information that is more than ten years old. (Current law prohibits reporting any bankruptcy information, including Chapter 13, that is more than ten years old.) Provides for graduated periods of obsolescence for information relating to overdue payments. Repeals exemptions to obsolete information reporting prohibitions relating to credit, life insurance, or employment involving amounts over specified sums. Prohibits a CRA from prohibiting any report user from disclosing the contents of a report to the consumer. Requires a CRA to maintain certain records regarding: (1) accuracy assurance procedures; and (2) the certified purpose for which any information relating to any consumer is requested by any person. Requires any CRA, on request of any person, to disclose specified information about itself. Requires that: (1) certain disclosures by a CRA to a consumer required by current law be in writing; (2) all information in the consumer's file (currently, the nature and substance of all information) be disclosed to the consumer; (3) certain information be disclosed to the consumer regarding identification of any person who had access to any information in the consumer's file; and (4) any disclosure by a CRA to any consumer under specified provisions include a summary of all the consumer's rights and remedies under the Fair Credit Reporting Act. Requires that such a summary be included in disclosures relating to: (1) investigative consumer reports; and (2) reports focusing on public record information for employment purposes. Requires reinvestigations in case of disputed accuracy to be completed within a reasonable time, not to exceed 30 days. (Current law requires completion within a reasonable time.) Requires CRAs to keep certain records regarding reinvestigation procedures. Sets forth requirements regarding: (1) notice upon a determination that a dispute is frivolous or irrelevant; (2) notice upon completion of a reinvestigation; and (3) reinvestigations which cannot be completed in 30 days. Eliminates the option for a CRA to include in a report a codification or summary of a consumer's statement regarding disputed accuracy rather than the statement itself. Requires that a CRA: (1) notify of a consumer dispute any person designated by the consumer who has received a non-employment report within the last year (currently, within the last six months); and (2) disclose to the consumer the recipients of any such report within the last year (currently, within the last six months). Sets a dollar limit on charges which may be imposed by a CRA for certain disclosures and makes other changes regarding when charges may be made. Requires a CRA which furnishes a consumer report for employment purposes to notify the consumer of the specific source of the information. Revises the duties of users of consumer reports, including requiring the user to provide: (1) the name and address of the three largest CRAs; and (2) the written summary of the consumer's rights and remedies prepared under specified provisions. Makes any person who furnishes information to any CRA (as well as CRAs and users of reports) civilly liable for willful noncompliance and for negligent noncompliance with the Act. Makes all functions and powers of the Federal Trade Commission (FTC) under the Federal Trade Commission Act (FTCA) available to the FTC to enforce compliance. (Current law links enforcement to specified provisions of the FTCA.) Makes persons who furnish information to CRAs subject to certain administrative enforcement provisions, as enforced by bodies other than the FTC. Requires any person who regularly furnishes information to a CRA to give notice of such fact in writing to the consumer before providing information about the consumer to the CRA. Requires any person, when that person, in the course of conducting business, furnishes information about any consumer to a CRA, to follow reasonable procedures to assure the accuracy of the information. Title II: Credit Repair Organizations - Credit Repair Organizations Act - Amends the Consumer Credit Protection Act to prohibit any credit repair organization (any person who provides a service for the purpose of improving a consumer's credit record) from: (1) charging or receiving any money prior to the completion of its services (unless it has obtained a $50,000 surety bond); (2) charging or receiving money solely for the referral of a customer to a retailer if the credit which may be extended to the buyer is upon substantially the same terms as those available to the general public; (3) advising any client to make an untrue or misleading statement; or (4) using any untrue or misleading statement. Requires the organization to provide the consumer with a written disclosure statement which includes a description of: (1) the consumer's rights; (2) the services to be provided by the organization; and (3) the total amount the consumer will be charged. Sets forth contract requirements and the rights of the consumer with regard to cancellation of such contract. Subjects any organization which fails to comply with any provision of this Act to Federal civil liability. Provides for the administrative enforcement of this Act by the Federal Trade Commission, as provided in the Federal Trade Commission Act.
United States · United States Congress · 7 March 1990
Pesticide Export Reform Act of 1990 - Title I: Exported Pesticides - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to require pesticide producers operating registered establishments to inform the Administrator of the Environmental Protection Agency of: (1) the types and quantities of pesticides and active ingredients used in producing pesticides for export to a foreign country; and (2) the date of export and quantity of such materials exported to each foreign country to which the producer has exported during the past 360-day period. Provides that specified information on exported pesticides shall not be entitled to confidential trade secret treatment. Makes it unlawful to knowingly or recklessly export a pesticide, device, or active ingredient in violation of FIFRA export requirements. Prohibits the exportation of pesticides, devices, or active ingredients unless: (1) such materials are prepared and packaged according to the specifications of the foreign purchaser and the legal requirements of the country of use; and (2) the producers or exporters meet specified FIFRA requirements. Prohibits the exportation of unregistered pesticides. Waives certain requirements to permit the export of pesticides not meeting FIFRA requirements to prevent or arrest the spread of a communicable disease if the Administrator makes specified determinations. Prohibits the exportation of specified pesticides (including restricted use pesticides and pesticides subject to suspension or cancellation proceedings) unless: (1) the exporter provides specified information on the pesticide to the Administrator; (2) the country of use consents to the import and is included on a list of approved countries; and (3) the pesticide is manufactured, stored, and packaged in accordance with standards of the United Nations Food and Agriculture Organization. Requires the Administrator to maintain a list of approved countries of use. Sets forth labeling requirements for exported pesticides. Permits the export of pesticides for experimental use in foreign countries if specified conditions are met. Requires the Administrator to notify foreign countries and the International Registry of Potentially Toxic Chemicals whenever regulatory action is taken with respect to a pesticide. Directs the Administrator to: (1) convene meetings with foreign governments and other interested parties to promote the implementation of improved research and regulatory programs for pest management and strategies for sustainable agriculture; (2) provide foreign countries with technical assistance to develop pesticide regulatory programs; (3) transmit triennial studies to the Congress on countries that import U.S. pesticides and from which the United States imports agricultural commodities to ascertain such countries' management of pesticides and whether the United States is able to test effectively for pesticide residues; and (4) convene meetings with foreign governments and other interested parties to encourage the adoption of a multilateral convention requiring standard notice and export control measures for pesticides. Title II: Tolerances for Agricultural Commodities - Amends the Federal Food, Drug, and Cosmetic Act to require the Administrator, if registrations for a pesticide chemical under FIFRA have been cancelled, suspended, withdrawn, or modified to eliminate the use of such chemical on a raw agricultural commodity, to publish a notice in the Federal Register announcing: (1) the revocation of any tolerance for an agricultural use; or (2) an exemption for the use of such chemical on such commodity. Provides for temporary waivers from revocations for the purpose of distributing in commerce commodities that contain residues resulting from the application of pesticides before this Act's enactment or residual environmental contamination. Permits the Administrator to issue such waivers only if such waivers do not: (1) pose a dietary health risk; and (2) cause significant economic hardship for domestic producers of a commodity attributable to competition from foreign producers in countries in which the use of the pesticide is permitted. Prohibits, with specified exceptions, the establishment or continuation of a tolerance unless the Administrator determines that a practical method for detecting and measuring pesticide residues exists. Prohibits the importation of food into U.S. customs territory unless the commodity importer files with the Secretary of Health and Human Services and the Secretary of the Treasury a document identifying each pesticide chemical used in connection with the commodity. Requires such importers, if unreported pesticides are detected in such commodities, to submit residue analyses for such pesticides. Waives reporting requirements for unreported pesticides if the presence of such pesticides is attributable to long-term environmental persistence and does not pose a health risk. Amends the Federal Meat Inspection Act, the Poultry Products Inspection Act, and the Egg Products Inspection Act to apply such requirements to importers of meat, poultry, and eggs. Title III: Effective Dates - Sets forth the effective dates for provisions of this Act.
United States · United States Congress · 7 March 1990
Condemns the recent violence against unarmed civilians in Nimba County, Liberia. Calls upon all parties to the conflict to comply with provisions of the Geneva Convention which establish the right of noncombatants to humane treatment. Urges the President to: (1) convey to the Government of Liberia U.S. concerns about human rights abuses in Liberia since 1980; (2) urge such Government to quickly resolve the conflict in a manner which permits Liberian refugees to return to their homes; (3) support efforts to meet humanitarian needs of such refugees in neighboring countries; (4) bar U.S. military advisors from accompanying Liberian troops in fighting the insurgency in Nimba County; and (5) consider recent events in such County in making the assessment related to human rights required under the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990. Sets forth conditions for resumption of military assistance to Liberia in the event that the suspension of foreign assistance is no longer required under provisions restricting assistance to countries in default on foreign assistance loans. Calls on the Liberian Government to honor its commitment to hold scheduled elections in 1991 and to ensure a free and fair election process.
United States · United States Congress · 6 March 1990
Clean Air Act Research Amendments of 1990 - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency to conduct a research and development program for measuring, monitoring, and analyzing air pollutants, including precursors of acid deposition. Directs the Administrator to conduct a research program on the effects of air pollutants on human health, including the effects of acid deposition and acid aerosols. Requires such programs to include: (1) the creation of an Interagency Task Force to coordinate the program; (2) evaluations and environmental health assessments for each of the hazardous air pollutants listed in H.R. 3030; and (3) research efforts at the Liquefied Gaseous Fuels Spill Test Facility for the development of a chemical field testing program and atmospheric dispersion models. Directs the Administrator to conduct a research program to improve understanding of the causes, effects, and trends of ecosystem damages from air pollutants, including damages from acid deposition. Requires the Administrator to conduct a basic engineering research, technology, and development program for air pollution and acid deposition prevention. Provides that such program shall develop strategies and technologies for: (1) reducing multiple air pollutants from fossil fuel power plants, stationary sources, and other combustion facilities; (2) preventing air emissions from mobile and nonpoint pollution sources; (3) preventing, detecting, and correcting sudden and accidental releases of hazardous air pollutants; and (4) providing alternatives to tire incineration. Directs the Administrator to implement and submit to the Congress a plan to carry out such research in conjunction with other Federal global change and acid deposition research efforts. Requires the President to develop and submit to the Congress: (1) a plan designating activities and assigning responsibilities for Federal research on acid deposition; and (2) an assessment framework for reporting technical information about acid deposition in a manner useful to policymakers and the public. Directs the Administrator to conduct a research program to identify and predict air emissions and other environmental effects related to the production and use of clean alternative fuels to determine the risks to health and the environment relative to those from the use of gasoline and diesel.
United States · United States Congress · 6 March 1990
Designates the week of July 22 to July 29, 1990, as National Week of Recognition and Remembrance for Those Who Served in the Korean War. Authorizes and requests the President to urge that the American flag be flown at half staff on July 27, 1990, in honor of those Americans who died as a result of their service in Korea.
United States · United States Congress · 5 March 1990
Designates April 6, 1990, the 88th birthday of Rabbi Menachem Mendel Schneerson, as Education Day, U.S.A. Calls on heads of state of the world to join the President of the United States in this tribute by signing scrolls of honor commemorating the 40th anniversary of Schneerson's leadership of the Lubavitch movement. Welcomes the cooperation of the Department of State in extending the good office of the U.S. missions to the Lubavitcher emissaries.
United States · United States Congress · 5 March 1990
Expresses the sense of the Congress that: (1) an authoritative reaffirmation of the present border between Germany and Poland should be part of the process leading to the reunification of Germany and should not be postponed; (2) Poland should participate with the other powers when its security and borders are debated and decided during the talks on German reunification; (3) the U.S. Government should continue to support the existing borders in such talks; and (4) it is vital for peace and security in Europe that the concerned States give assurances that they abide by the international agreements ratifying existing borders.
United States · United States Congress · 1 March 1990
Human Services Reauthorization Act of 1990 - Extends authorized appropriations from FY 1991 through 1994 to carry out programs under the following Acts: (1) the Head Start Act; (2) the Follow Through Act; (3) the State Dependent Care Development Grants Act; (4) the Community Services Block Grant Act; (5) the Child Development Associate Scholarship Assistance Act; and (6) the Low-Income Home Energy Assistance Act of 1981. Amends the Human Services Reauthorization Act of 1986 to extend authorized appropriations from FY 1991 through 1994 to carry out the grant program relating to demonstration partnership agreements addressing the needs of the poor.
United States · United States Congress · 1 March 1990
Head Start Expansion and Quality Improvement Act of 1990 - Amends the Head Start Act to extend through FY 1994 and increase the authorization of appropriations for the Head Start program. Requires the Secretary of Health and Human Services, for any fiscal year for which the amount appropriated exceeds the adjusted appropriation for FY 1990, to reserve a certain portion of funds for one or more of the following quality improvement activities: (1) staff compensation; (2) staff training; (3) transportation for eligible children; (4) additional staff; (5) program insurance costs; and (6) facility improvement. Revises the poverty line criterion for eligibility to participate in Head Start programs.
United States · United States Congress · 1 March 1990
Expresses the sense of the Congress that: (1) the 25th anniversary of the enactment of the Older Americans Act of 1965 and its successful implementation should be recognized; (2) contributions at all levels of the aging network should be acknowledged and commended; and (3) support for the Act and its primary goal should be reaffirmed.
United States · United States Congress · 28 February 1990
Foreign Contracting Audit Equity Act of 1990 - Requires executive agencies to include in each solicitation of bids or proposals for a contract (excluding contracts awarded under sealed-bid procedures) for the procurement of goods or services by a foreign contractor specifications which entitle the agency to inspect the plant and audit the books of the contractor. Requires agencies to include in the contract a clause which entitles the U.S. Comptroller General to examine any record of the contractor relating to a contract transaction. Grants the contracting officer the right to examine all records of the bid or proposal, discussions on the bid or proposal, pricing, or performance of the contract in order to verify any certification or statement made by a foreign contractor regarding such a contract. Authorizes executive agency heads to require by subpoena the production of all evidence necessary in the performance of functions pursuant to this Act. Sets forth penalties for violations of this Act.
United States · United States Congress · 28 February 1990
Global Elementary Education Act of 1990 - Authorizes the Secretary of Education (the Secretary) to make matching grants to States, through their State educational agencies, for foreign language institutes for professional development and retraining of elementary and secondary school teachers for elementary school teaching of foreign languages and cultures, geography, and international studies. Requires such institutes to allow teachers from other fields to retrain as foreign language teachers. Authorizes appropriations. Authorizes the Secretary to make grants to institutions of higher education to develop innovative and model program in preservice elementary teacher education in the areas of foreign language and culture, geography, and international studies. Authorizes appropriations. Authorizes the Secretary to make competitive grants to State and local educational agencies, institutions of higher education, nonprofit international exchange organizations, nonprofit educational associations, or consortia thereof, for reciprocal elementary teacher exchange programs. Requires that preference be given to nontraditional language study sites and to programs providing exchanges for teachers who have never been abroad. Authorizes appropriations. Directs the Secretary to assign to the Office of Elementary and Secondary Education responsibility for: (1) coordinating development and dissemination of foreign language and culture instructional material; and (2) expanding use of technology in teaching foreign languages and culture in elementary school. Authorizes appropriations. Directs the Secretary to prescribe regulations under this Act.
United States · United States Congress · 28 February 1990
Designates the week of June 24 through June 30, 1990, as National Sheriffs' Week in honor of the 50th anniversary of the National Sheriffs' Association.
United States · United States Congress · 28 February 1990
Allows Members of the House of Representatives to include in any franked mass mailing the telephone numbers of any State or local government agency or nonprofit private organization that can assist victims of rape, incest, spouse abuse, or child abuse.
United States · United States Congress · 28 February 1990
Calls for: (1) the United States to reaffirm its unequivocal support for the Polish-German border as set after World War II; (2) Chancellor Helmut Kohl to state unequivocally that such border will be respected and preserved; and (3) Poland to be included as an equal participant with the United States, the Soviet Union, the United Kingdom, and France in German unification discussions relating to the borders of a unified Germany and the security of neighboring countries.
United States · United States Congress · 27 February 1990
Mickey Leland Memorial Domestic Hunger Relief Act - Title I: Reducing Childhood Hunger - Amends the Food Stamp Act of 1977 to revise and increase the excess shelter expense deduction for each fiscal year from FY 1991 through FY 1993. Requires the Secretary of Agriculture to adjust the basic benefit level upwards by specified increments at the beginning of each fiscal year from FY 1991 through FY 1995 until it reaches 105 percent of the cost of the thrifty food plan. Directs the Secretary by regulation to provide for emergency allotments to eligible households to replace food lost in a disaster. Excludes from the computation of household income any State allowance (provided at least annually) for obtaining school clothes for children in school or child care. Provides for allotment increases to cover State or local sales taxes for participants in demonstration projects. Requires alternative systems for delivery or use of food stamp benefits to meet standards issued by the Secretary and, where household participation is not optional, to involve retail food stores serving minority populations, but only if necessary special equipment is operational at all registers. Provides food stamp coverage for prepared meals for homeless households. Permits State agencies to develop standard estimates of the shelter and related expenses which homeless households may reasonably be expected to incur in order to certify such households based on reported expenses not exceeding such an estimate. Title II: Promoting Self-Sufficiency - Excludes the first $50 a month received as child support from consideration as income in determining the food stamp allotments of households also receiving Aid to Families with Dependent Children (AFDC) benefits. Increases from $4,500 to $5,500 from January 1 through September 30, 1991, with annual cost-of-living adjustments to follow, the limit on the fair market value of vehicles that food stamp recipients may own. Directs the Secretary to conduct a sufficient number of demonstration projects to evaluate the effects of excluding from such vehicle calculation the value of: (1) any licensed vehicle used for certain income-producing, transportation, or shelter purposes; and (2) one licensed vehicle used for job-related or job-seeking purposes (including commuting), for pursuing education or training, or for securing food or food stamp benefits. Allows States to use their own agency-designed forms instead of forms approved by the Secretary. Directs State agencies to allow a household to select an adult parent of children in the household as its head where all adult household members agree to do so. Allows four States to give priority in the provision of services to voluntary participants (including both exempt and nonexempt), so long as performance standards are maintained. Authorizes an employment and training program to contain programs designed to increase the self-sufficiency of recipients through self-employment. Excludes from the computation of household financial resources any nonliquid resources necessary to allow the household to carry out an approved plan for self-sufficiency. Increases from $25 to $75 the limit for reimbursements to recipients for costs incurred in employment and training activities. Permits otherwise eligible persons who attend an institution of higher learning to receive food stamp benefits if he or she: (1) attends the institution as part of an employment and training program; or (2) is over 50, registered for employment, and subject to employment or training requirements. Revises the exclusion of educational expenses from the computation of household incomes. Excludes from the computation of household incomes housing assistance payments made to a third party on behalf of a household residing in transitional housing for the homeless. Title III: Simplifying Program Administration - Requires parents and children (regardless of age) who live together to apply for food stamps as a single household. Directs the Secretary to conduct five demonstration projects, in both rural and urban areas, under which households in which each member receives AFDC benefits shall receive monthly food stamp allotments following AFDC rules and procedures, without regard to the eligibility, benefit, and administrative rules of the food stamp program. Requires the Secretary to issue rules under which State agencies must develop standards for identifying (for exclusion as inaccessible resources) those kinds of resources the household is unlikely to sell for any significant return because its interest is so slight or the cost of selling would be so great. Provides that a food stamp office need not consider any resources that the AFDC or supplemental security income benefit programs have already determined to be exempt. Directs State agencies to require only one adult representative of a household to sign all declarations required in the application process on behalf of the household. Makes recipients of State or local general assistance programs categorically eligible for food stamps. Reduces from 30 to ten days the deadline for households convicted of food stamp fraud to decide how to repay their over issuances. Establishes a Commission on the Coordination of Family Support and Food Stamp Policies to report to the President and the Congress on AFDC and food stamp program policies, recommending how to eliminate barriers to participation in both programs. Authorizes appropriations. Title IV: Hunger in Rural America - Requires State agencies to designate rural project areas where low-income persons face substantial difficulties in getting transportation. Requires issuance of coupons by mail in such areas, except where households experience mail losses exceeding certain levels. Allows States to assist households with the food stamp application process. Directs the Secretary to exclude from financial resources the value of a vehicle a household depends upon to carry heating fuel or water for home use where it has no other access to fuel or water. Title V: Promoting Access for the Elderly and Disabled - Declares that State agencies, with respect to the excess medical deduction for the elderly and the disabled, shall not require further verification of a change in medical expenses if the change has been anticipated for the verification period. Requires annual adjustments to the value of the minimum food stamp benefit. Permits State agencies to establish a procedure allowing households whose regular food stamp benefits do not exceed $20 per month to receive up to $60 worth for intervals of up to three months. Requires that any applicant for or recipient of supplemental security income benefits be informed of the availability of food stamp benefits. Title VI: Program Administration by State Agencies - Prohibits the application of disallowances for erroneous issuances or similar actions to any State for a fiscal year before FY 1991. Directs the Secretary, by specified deadlines, to develop standards for initial approval of automated data processing and information retrieval systems for State agencies, as well as written procedures and standards for initial and continued approval reviews. Sets alternative deadlines for full operation of such systems, the later being September 30, 1993. Provides for waivers of ADC system requirements where their application would not significantly improve the efficiency of a State agency's administration. Title VII: Reauthorization of Programs - Reauthorizes through FY 1995: (1) the food stamp program; (2) the nutrition assistance program for Puerto Rico; (3) the temporary emergency food assistance program under the Temporary Emergency Food Assistance Act of 1983; (4) the soup kitchen and food bank programs under the Hunger Prevention Act of 1988; (5) the commodity distribution and supplemental food programs under the Agriculture and Consumer Protection Act of 1973; (6) the distribution of surplus commodities to special nutrition projects under the Agriculture and Food Act of 1981; and (7) the nutrition education program under the Food Security Act of 1985. Title VIII - Amends the Commodity Distribution Reform Act and WIC Amendments of 1987 to require biennial reports to the Congress on food bank projects. Amends the Agriculture and Consumer Protection Act of 1973 to establish a Commodity Supplemental Food Program for the Elderly. Amends the Hunger Prevention Act of 1988 to set forth the National Gleaning Clearinghouse Act of 1990. Establishes a National Gleaning Clearinghouse to share information on available, unused food that could be distributed through the emergency feeding network. Title IX: Effective Dates - Sets forth the effective dates of provisions of this Act.
United States · United States Congress · 27 February 1990
Declares it to be U.S. policy that there should be: (1) recognition and commemoration of the 25th anniversary of Federal aid to elementary and secondary education; (2) a renewed, sustained commitment to Federal aid to educating children who are disadvantaged members of special populations, with limited English proficiency, or with handicaps, and illiterate adults; and (3) a specified annual increase in funding for the program for disadvantaged children under the Elementary and Secondary Education Act of 1965.
United States · United States Congress · 27 February 1990
Congratulates Violeta Chamorro on her electoral victory in Nicaragua and Daniel Ortega for ensuring that the election was free and fair. Urges the current Government to comply with the law in turning over power to the National Opposition Union (UNO), including the separation of the military from Sandinista control. Commends Ortega and Chamorro for calling for an end to arms shipments to guerillas fighting in El Salvador. Supports: (1) the speedy negotiation of a ceasefire in Nicaragua; (2) the peaceful reintegration of the resistance into Nicaraguan society; and (3) the removal of sanctions enacted against Nicaragua in 1985, contingent upon an effective and fair transition of power to UNO and presidential certification that arms shipments to the FMLN guerillas have ceased. Encourages other nations to cooperate with and assist Nicaragua in rebuilding.
United States · United States Congress · 22 February 1990
Medicaid AIDS and HIV Amendments of 1990 - Amends title XIX (Medicaid) of the Social Security Act to allow each State to provide Medicaid coverage of HIV-related services for individuals who have the HIV virus and an abnormally low immune function for which medical intervention is indicated and whose income and resources do not exceed the maximum amounts allowed under the State Medicaid program for disabled individuals. Allows States to provide Medicaid home and community-based services to children who have acquired immune deficiency syndrome (AIDS). Applies the same income and resource eligibility standards as would apply if such children were hospitalized. Requires States to increase payments for inpatient hospital services delivered to Medicare (title XVIII of the Social Security Act) beneficiaries with AIDS by hospitals serving high volumes of AIDS victims. Permits States to provide Medicaid coverage of the premiums charged individuals who are eligible for continued employer group health plan coverage after their loss of employment if such individuals also have the HIV virus and an income at or below the Federal poverty level.
United States · United States Congress · 22 February 1990
Benjamin Franklin Memorial Fire Service Bill of Rights Act - Title I: Minting of Benjamin Franklin National Memorial Commemorative Coin - Benjamin Franklin National Memorial Commemorative Coin Act - Provides for the sale of Benjamin Franklin commemorative coins at a surcharge of which 25 percent shall be paid to the Benjamin Franklin National Memorial and the remainder be distributed in specified percentages to the National Fire Center and Museum Account, the National Hero Scholarship Account, the Firefighter Tuition Assistance Account, the Hazardous Materials Response Computer Account, the Research and Education Account, and the Burn Research Grant Account of the Firefighter Assistance Trust Fund (Fund). Prohibits the issuance of such coins from resulting in any net cost to the Federal government. Title II: Fire Service Bill of Rights - Fire Service Bill of Rights Act - Amends the Federal Fire Prevention and Control Act of 1974 to establish a fire service bill of rights. Establishes the National Fire Center and Museum in the District of Columbia to provide information about the fire service and safety to the public and fire services. Establishes a National Hero Scholarship to fund the higher education of a child, spouse, or dependent parent of a deceased firefighter. Establishes a scholarship providing tuition assistance to firefighters for higher education in fire safety or protection. Authorizes the Administrator of the United States Fire Administration to use amounts in the Research and Education Account of the Fund to fund other specified programs under the Fire Prevention and Control Act of 1974 and the provision of information concerning surplus Federal property and infectious diseases pursuant to this Act. Establishes the Firefighter Assistance Trust Fund. Places the National Academy for Fire Prevention and Control within the United States Fire Administration. Directs the Administrator to provide States with funds from the Hazardous Materials Response Computer Account of the fund for distribution to local fire services that wish to purchase computer equipment. Directs the Administrator to make a grant from the Burn Research Grant Account of the Fund to one national firefighter's burn foundation dedicated to reducing burn injuries. Requires the Administrator to prepare and make available to fire services, upon request, a manual describing Federal procedures for disposing of surplus property and highlighting how fire services could obtain such property. Directs the Administrator to distribute to such marshals information on the infectious diseases to which firefighters are particularly vulnerable. Permits the Administrator, in certain circumstances, to award to a domestic firm a contract that, under the use of competitive procedures, would be awarded to a foreign firm.
United States · United States Congress · 22 February 1990
Adolescent Nutritional Equity Act - Amends the National School Lunch Act to restore eligibility for food supplement benefits under the dependent care food program to adolescent youth 18 years of age or under. Makes children with disabilities eligible for such benefits at any age.
United States · United States Congress · 22 February 1990
International Voluntary Family Planning Assistance Act of 1990 - Authorizes appropriations for international population planning assistance. Earmarks a specified amount of such funds for the United Nations Population Fund if: (1) the Fund maintains such funds in a separate account, without commingling; (2) none of the funds are made available for China; and (3) any agreement to obligate such funds expressly states that the full amount granted by the agreement will be refunded to the United States if U.S. funds are used for family planning in China or abortions in any country. Prohibits any funds appropriated under this Act from being used for abortions.
United States · United States Congress · 22 February 1990
Calls for the retention of sanctions against South Africa under the Comprehensive Anti-Apartheid Act until all conditions for the termination of sanctions are fulfilled and a democratic political process is established.
United States · United States Congress · 21 February 1990
Directs the Secretary of Defense to terminate the MX Rail Garrison program. Prohibits the obligation or expenditure of funds appropriated after the enactment of this Act for such program.
United States · United States Congress · 20 February 1990
Amends Federal provisions which prohibit the taking of unfavorable personnel actions against a person making a communication to a Member of Congress or an Inspector General to include as an unfavorable action the use of psychiatric evaluations or involuntary commitment for treatment of mental health disorders. Provides protection against the taking of an unfavorable personnel action to persons making a communication to any appropriate authority in the military chain of command. Provides specified rights to a member of the armed forces who is referred for psychiatric evaluation or involuntary commitment for treatment of a mental health disorder and who believes such action has been taken because of a complaint or disclosure of information. Imposes penalties for causing a member of the armed forces to be committed to a facility for treatment of a mental health disorder without reasonable cause.
United States · United States Congress · 7 February 1990
Antarctic Protection and Conservation Act of 1990 - Makes it unlawful to engage in, finance, or provide assistance to, any Antarctic mineral resource activity. Directs the Under Secretary of Commerce for Oceans and Atmosphere to promulgate regulations to minimize and prevent any adverse impact by tourist expeditions to the Antarctic by training and establishing qualifications for tour guides and implementing safety standards for vessel and air transportation in such area. Prohibits the financing or conducting of any tourist activity in Antarctica if such regulations are not promulgated. Applies environmental impact assessment requirements of the National Environmental Policy Act of 1969 to Antarctica activities of Federal agencies or entities receiving Federal assistance. Amends the Antarctic Marine Living Resources Convention Act of 1984 to make it unlawful to engage in commercial fishing in Antarctica, except in compliance with a fishery management plan approved under the Fishery Conservation and Management Act of 1976. Requires the Secretary of State to enter into negotiations with the Antarctic Treaty Consultative Parties to conclude an agreement to: (1) permanently ban Antarctic mineral resource activities; and (2) permanently conserve and protect Antarctica's environment and ecosystems. Prescribes civil and criminal penalties for violations of this Act. Authorizes appropriations.
United States · United States Congress · 7 February 1990
Federal Employees Pay Comparability Act of 1990 - Creates the Federal Salary Council to define local pay areas and occupational group categories that include professional, administrative, technical, clerical, law enforcement, firefighter, and health care positions. Directs the Bureau of Labor Statistics (BLS) to: (1) survey the Federal employees in such occupational categories in each local pay area at least once every three years to compare Federal rates of pay to non-Federal rates of pay for the same work; and (2) prepare appropriate alternative pay schedules. Directs the President, based on the resulting BLS report, to establish alternative pay schedules or adjust existing pay schedules where necessary to ensure the competitiveness of the Government in recruiting or retaining well-qualified employees. Requires higher rates under such schedules to be implemented through equal percentage increments over three years. Prohibits an alternative pay schedule from applying with respect to any employee who is employed outside the continental United States or elsewhere where an allowance based on living costs or environmental conditions may be paid. Prohibits employees becoming subject to an alternative pay schedule from being paid less than they would otherwise be paid under a statutory pay system schedule. Prohibits any reduction of a rate of pay under an alternative pay schedule as a result of any adjustment under this Act. Provides that if pay surveys determine that no adjustment in pay rates under an alternative pay schedule is required, such rates shall be adjusted at the same time that any pay adjustment occurs and by the overall average percentage of any adjustment in General Schedule pay rates. Provides annual pay adjustments for employees under each statutory pay system equal to the annual increase in the Employment Cost Index (a quarterly measure of the cost of labor in the private sector). Declares that increases in rates of pay under this Act are not equivalent increases in pay under provisions regarding periodic step-increases. Grants the President authority to provide for special pay rates if the Government's efforts to recruit or retain well-qualified individuals are significantly handicapped by: (1) the remoteness of the area or location involved; (2) undesirable working conditions including exposure to toxic substances; or (3) any other circumstances which the President considers appropriate. Prohibits a minimum special pay rate from exceeding the maximum statutory pay rate for the applicable grade or level. Authorizes the Director of the Office of Management and Budget to grant authority to executive department and agency heads to fix the basic pay rate of up to 400 Government-wide positions which such heads determine to be critical positions at an annual rate that does not exceed the rate for level I of the Executive Schedule. Directs agency heads, in determining whether a position is critical, to consider to the extent to which: (1) the position requires scientific, technical, professional, or administrative qualifications; and (2) additional compensation is necessary to recruit or retain exceptionally qualified individuals. Allows such authority to be reexercised when such a position becomes vacant and is refilled if: (1) an agency head determines that the position remains a critical position; and (2) the Director reconfirms his or her original allocation of critical-position pay authority among executive departments and agencies. Eliminates the GS-11 grade requirement for paying new employees above the minimum rate of the appropriate grade. Creates a new pay system for administrative law judges and contract appeals board members consisting of at least three pay rates to be established and thereafter adjusted by the President. Sets the maximum rate at level IV of the Executive Schedule and the minimum rate at a grade GS-16, Step 1. Requires the Office of Personnel Management to determine which of such rates shall be paid to individual administrative law judges or contract appeals board members according to criteria prescribed by the Office.
United States · United States Congress · 7 February 1990
Amends the Harmonized Tariff Schedule of the United States to grant duty-free treatment, through September 30, 1993, of the personal effects and equipment of participants, their families, and officials involved in the 1993 World University Games in Buffalo, New York.
United States · United States Congress · 7 February 1990
Civil Rights Act of 1990 - Amends the Civil Rights Act of 1964 to provide that: (1) once a complainant has demonstrated that an employment practice results in a disparate impact on the basis of race, color, religion, sex, or national origin, the respondent has the burden of proving that the practice is justified by business necessity; (2) a complainant need not demonstrate which of a group of practices results in the demonstrated disparate impact; and (3) a respondent need not show business necessity for a specific practice within a group of practices if the respondent shows that that practice does not contribute to the disparate impact. Declares that an unlawful employment practice is established on a demonstration that race, color, religion, sex, or national origin was a motivating factor for any employment practice, even though such practice was also motivated by other factors, but bars certain types of relief if the respondent establishes that it would have taken the same action in the absence of any discrimination. Prohibits a challenge to an employment practice that implements a litigated or consent judgment or order resolving a claim of employment discrimination: (1) by a person who had certain types of notice and opportunity; (2) by a person whose interests were adequately represented by another person who challenged the judgment or order; or (3) if reasonable efforts were made to provide notice to interested persons. Increases to two years the time limit within which a charge of an unlawful employment practice must be filed. Removes provisions setting a separate time limit for charges initially filed with a State or local agency. Declares that a seniority system or practice which is part of a collective bargaining agreement is an unlawful employment practice if it was included in the agreement with the intent to discriminate. Allows, except for disparate impact cases, for compensatory damages (but not back pay) and, where there is malice or reckless or callous indifference, for punitive damages. Allows any party, where compensatory or punitive damages are sought, to demand a jury trial. Includes expert fees and other litigation expenses in any attorney's fees awarded. Prohibits a consent order or judgment settling a claim unless the parties and their counsel attest that a waiver of attorneys' fees was not compelled as a condition of the settlement. Allows to the prevailing party in the original action an award of attorney's fees and costs in defending a challenged judgment or order. Increases to 90 days after final action by a Federal agency the time limit for a Federal employee to bring a civil action. Allows to Federal employees the same interest to compensate for delay in payment as in cases involving non-public parties. Requires Federal civil rights laws to be broadly construed to effect their purpose to eliminate discrimination and provide effective remedies. Prohibits, except as expressly provided, any Federal civil rights law from being construed to restrict or limit the rights, procedures, or remedies available under any other Federal civil rights law. Declares that, for purposes of provisions relating to equal rights under the law, the right to make and enforce contracts includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship.
United States · United States Congress · 7 February 1990
Authorizes the Secretary of each military department concerned to accept for original enlistment in the Army or Air National Guard certain aliens not already admitted for permanent residence in the United States if the personnel strength of the Guard is less than 90 percent of its authorized strength at the time. Requires such aliens, in addition to taking a military-service oath, to declare an intention to become citizens of the United States. Voids such an enlistment under certain conditions. Limits the number of aliens permitted to be so enlisted to 3,000 during any fiscal year. Authorizes the President to increase such number as appropriate. Amends the Immigration and Nationality Act to direct the Attorney General to adjust to a temporary lawfully-admitted status any alien who: (1) is an enlisted member of the Army or Air National Guard; (2) is otherwise admissible as an immigrant; (3) has not been convicted of any felony or three or more misdemeanors in the United States; (4) has not assisted in the persecution of any person on account of race, religion, nationality, or membership in a particular social group; and (5) was in the United States as of the enactment of this Act and has resided continuously in the United States since such date. Requires any spouse or child of such alien to satisfy such requirements (except for the enlistment requirement) in order to have his or her status adjusted. Provides for the termination of the temporary lawfully-admitted status of such aliens under specified conditions. Authorizes an alien who completes at least six years of honorable service in the Guard to apply for a certificate of adjustment to permanent resident of the United States. Provides identical adjustment for the spouse and child of such alien if the alien so qualifies. Provides for the waiver of: (1) the six-year service requirement under certain conditions; and (2) numerical limitations and certain grounds for exclusion from permanent-status consideration under the Immigration and Nationality Act for aliens covered under this Act. Provides an expedited naturalization procedure for an alien who is granted lawful permanent residence under this Act and who reenlists in the Army or Air National Guard for an additional term of six years.
United States · United States Congress · 7 February 1990
B-2 Production Termination Act - Prohibits funds appropriated to the Department of Defense (DOD) after FY 1990 from being used to commence production of B-2 aircraft. Limits the use of funds already appropriated to DOD for the B-2 to: (1) the completion of the production of such aircraft which began with funds appropriated for a fiscal year before FY 1991; and (2) research, development, test, and evaluation, including flight testing. Directs the Secretary of Defense to preserve production facilities and tooling for production of such aircraft in order to maintain an option to produce such aircraft in the future.
United States · United States Congress · 7 February 1990
Calls upon the President to urge Soviet President Gorbachev to publicly condemn the emergence of popular anti-Semitism in the Soviet Union and to protect Soviet Jews from harassment and violence.
United States · United States Congress · 6 February 1990
Harvest of Peace Resolution - Expresses the sense of the Congress that the United States should establish as a primary foreign and domestic policy objective the achievement of common security by: (1) negotiating agreements with the Soviet Union and urging other nations to reduce military forces and spending with the goal of halving worldwide military spending by the year 2000; (2) reducing military assistance and arms sales to developing nations; (3) encouraging the peaceful settlement of conflicts; (4) providing increased assistance to developing nations to overcome hunger and poverty, reduce debt burdens, promote human rights, ensure sustainable development, and protect the environment; (5) increasing support domestically for programs that address human needs; (6) helping defense industries and their employees convert to productive nondefense work; and (7) reducing the Federal deficit.
United States · United States Congress · 5 February 1990
Tobacco Product Education and Health Protection Act of 1990 - Amends the Public Health Service Act to add a new title establishing, at the Centers for Disease Control, a Center for Tobacco Products to coordinate Federal education and research with regard to tobacco products. Directs the Center to conduct certain activities, including to study tobacco product additives and disclose their health risks to consumers and to establish ten model State programs to enforce laws concerning the sale of tobacco products to minors. Authorizes appropriations for FY 1991 through 1993. Transfers functions of the Federal Interagency Committee on Smoking and Health to the Center. Amends the Comprehensive Smoking Education Act to require the establishment of an outreach program to youth about the health consequences of smoking. Directs the Center to make grants: (1) for public information campaigns concerning the use of tobacco products; (2) to States for anti-tobacco use programs and programs to limit youth access to tobacco products; and (3) to unions and others to attempt to reduce the incidence of smoking among workers. Requires the establishment of a program, with an Interagency Committee on Smoking and Health, to inform the public of any dangers to human health presented by cigarette smoking and by smokeless tobacco products. Requires related reports to the Congress. Details administrative requirements of grants. Imposes criminal penalties allowing seizure of such products, and penalties against retailers engaged in a pattern of sale to minors. Declares tobacco products to be misbranded for not disclosing to the public information on additives and harmful constituents. Describes conditions which constitute adulteration of tobacco products, including if the product contains any filthy, putrid, or decomposed substance. Makes it unlawful to manufacture, import, or package any tobacco product unless the person has provided the Center: (1) a complete list of tobacco additives and the quantity of each; and (2) a complete list of all brands that includes the levels of tar, nicotine, carbon monoxide, and other constituents for each brand. Makes it unlawful to engage in certain types of advertising and promotion of tobacco products. Provides for establishment of an advisory committee to give advice on promulgation of regulations imposing additional restrictions or requirements on tobacco advertising and promotion. Repeals the Federal preemption of State regulation of local tobacco advertising, allowing the enactment by States and local governments of additional restrictions on the sale of tobacco products to minors and on the placement of tobacco advertising displayed solely within the applicable geographic area. Makes conforming amendments to the Comprehensive Smoking Education Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986. Changes the warning label on cigarettes.
United States · United States Congress · 5 February 1990
Smoke-Free Schools Act of 1990 - Authorizes appropriations for FY 1991 through 1993 for the Secretary of Education to make incentive grants to establish smoke-free schools. Requires States, as a condition for receiving such grants, to enact and enforce certain types of legislation for smoke-free schools. Amends the Drug-Free Schools and Communities Act of 1986 and the Anti-Drug Abuse Act of 1988 to include anti-tobacco education and smoke-free schools.
United States · United States Congress · 1 February 1990
Medicaid Frail Elderly Community Care Amendments of 1990 - Amends title XIX (Medicaid) of the Social Security Act to permit States to provide Medicaid coverage of community care for functionally disabled elderly individuals. Considers individuals who are unable to perform at least two daily living activities or who have Alzheimer's disease and require substantial assistance or supervision as functionally disabled individuals. Defines a covered community care setting as a nonresidential setting or a residential setting in which more than two unrelated adults reside and personal services are provided. Requires that community care be provided to each client in accordance with an individual community care plan (ICCP) prepared and periodically reviewed and revised by a community care case manager on the basis of the manager's consultation with the client and a comprehensive functional assessment of a client's needs conducted by an interdisciplinary team before his or her receipt of care and at least annually thereafter. Sets a ceiling on Medicaid payments to States for community care. Reduces Federal Medicaid payments to States that reduce their Medicaid community care expenditures below their FY 1990 expenditures for such care. Requires that community care and community care settings meet requirements, to be developed by the Secretary of Health and Human Services, concerning client rights, the quality of such care, and safety and sanitation. Imposes specified minimum requirements on such care and settings, including certain Medicaid requirements currently applicable to nursing facilities. Requires that community care settings: (1) disclose persons having an ownership or control interest in the setting; and (2) exclude a person from such interest if he or she has been excluded from the Medicaid program or had an interest in a community care setting repeatedly found to have provided substandard care. Makes: (1) the Secretary responsible for certifying that State community care providers and settings comply with Medicaid requirements; and (2) States responsible for certifying that other community care providers and settings comply with Medicaid requirements. Requires that providers and settings be certified annually. Bases community care setting certification on an annual, unannounced survey. Directs the Secretary to: (1) develop a protocol for conducting surveys; and (2) conduct sample surveys of community care settings, within two months of State surveys, to test the adequacy of State surveys. Authorizes the Secretary to conduct a special survey of a setting or a review of a provider when there is reason to question its compliance with this Act. Prohibits the use of surveyors who have an interest in the provider or setting being surveyed. Requires States and the Secretary to investigate complaints against providers or settings concerning violations of this Act's requirements. Requires each State to provide, through the State agency responsible for the certification of such providers and settings, for the receipt, review, and investigation of allegations of client neglect and abuse, and of misappropriation of client property by providers. Requires that: (1) certain information regarding providers and settings and their compliance with this Act's requirements be made available to the public; and (2) State Medicaid fraud and abuse control units be given access to provider or setting survey and certification information. Requires that when the Secretary or State determines that a provider's or setting's deficiencies immediately jeopardize the client's health and safety, immediate action be taken to remove the jeopardy and correct the deficiencies or the provider's or setting's participation in Medicaid be terminated. Authorizes the Secretary or States to terminate a community care provider's participation in the Medicaid program and to impose a civil monetary penalty for failure to meet this Act's requirements. Sets forth the Secretary's responsibilities relating to community care requirements. Requires that State Medicaid payment rates for community care be reasonable and adequate to meet the costs of providing such care efficiently, economically, and in accordance with applicable laws, regulations, and standards. Prohibits the coverage of substandard community care, penalties imposed for such care, and community care furnished by family members.
United States · United States Congress · 1 February 1990
Title I: Short Title - Medicaid Infant Mortality Amendments of 1990 - Title II: Infant Mortality Provisions - 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. Requires that States make ambulatory prenatal care available to a pregnant woman during a presumptive eligibility period which ends when she is determined to be ineligible for Medicaid benefits or at the close of the month following the month in which she is determined to be eligible, if she fails to apply for such benefits. 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. Excepts Medicaid-eligible pregnant women from required cooperation with States in establishing the paternity of children born out of wedlock.
United States · United States Congress · 1 February 1990
Medicaid Child Health Amendments of 1990 - Amends title XIX (Medicaid) of the Social Security Act to phase-in mandatory Medicaid coverage of children whose family income is below the Federal poverty level. Permits States to provide Medicaid coverage to children who have attained age one but not age six and whose family income does not exceed 185 percent of the Federal poverty level. (Currently, States are required to cover children between such ages whose family income does not exceed 133 percent of the Federal poverty level.) Requires States to: (1) process Medicaid applications at locations which include locations other than those used for applications under part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act; and (2) use applications other than those used under the AFDC program. Permits States to provide an additional 12 months of extended Medicaid coverage to families whose AFDC eligibility ends due to the caretaker relative's employment. (Currently, States are required to provide 12 months of such extended coverage.) Requires States which provide prospective Medicaid payments to hospitals to reimburse hospitals which serve a disproportionate share of low-income patients for exceptionally costly or lengthy stays by children. Directs States to provide Medicaid coverage for disabled children who are eligible for benefits under title XVI (Supplemental Security Income) of the Social Security Act. Prohibits the discontinuance of a child's Medicaid benefits until he or she is determined not to be eligible for such benefits on any basis. Allows States to extend Medicaid coverage to foster care children whose incomes are above State cash assistance eligibility levels but below the Federal poverty level.