United States · United States Congress · 14 March 1990
Amends title XVIII (Medicare) of the Social Security Act to cover colon cancer preventive screening examinations, an annual physical examination performed by a physician or nurse practitioner, and verbal and written mental health screening examinations if a demonstration project to be conducted by the Secretary of Health and Human Services proves such examinations to be cost-effective or of moderate cost but measurably health enhancing.
United States · United States Congress · 14 March 1990
Declares that it is the sense of the Congress that the United States should: (1) promote maximum conservation and protection of the world's whales; (2) work to postpone further review of the International Whaling Commission moratorium on the commercial killing of whales and maintain zero catch limits for all whale stocks for at least another decade; (3) work to strengthen the Commission and encourage it to carry out long-term, nonlethal research for all whale stocks on a global basis; and (4) in promoting protection, make use of diplomatic channels, domestic and international law, and all other means.
United States · United States Congress · 8 March 1990
Breast and Cervical Cancer Mortality Prevention Act of 1990 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services, through the Director of the Centers for Disease Control, to make grants to States, with regard to breast and cervical cancer, for screening, referrals and follow-up services, public information and education programs, education and training for health professionals, quality monitoring of screening, and evaluations of such activities. Sets forth preferences in making the grants and requires equitable geographical distribution. Requires matching non-Federal funds in a specified ratio. Requires that States agree to: (1) provide all of certain services by a specified date; (2) switch to any improved screening procedures which become available; and (3) assure the quality of any screening procedures used. Directs the Secretary to establish guidelines for assuring the quality of mammography and cytological screening conducted under these provisions. Requires that low-income women be given priority in the provision of services. Requires that a charge for services, if any: (1) be made according to a public schedule; (2) be adjusted for income of the woman involved; and (3) not be imposed on women with incomes below the poverty line. Requires services to be provided throughout a State, including to members of any Indian tribe or tribal organization. Authorizes the Secretary to provide training and technical assistance. Directs the Secretary to provide for annual evaluations of programs carried out under this Act. Authorizes appropriations. Limits the number of grants made to seven in FY 1991.
United States · United States Congress · 7 March 1990
Antarctic Environmental Protection, Clean-Up, and Liability Act of 1990 - Amends the Antarctic Conservation Act of 1978 to require the Director of the National Science Foundation to: (1) prepare and annually update a waste management plan for wastes produced or disposed of in Antarctica by U.S. citizens; and (2) issue regulations requiring U.S. citizens engaged in activities in Antarctica to comply with specified waste disposal practices. Requires the Director to establish a long-term program for the removal of specified wastes produced or disposed of in Antarctica by U.S. citizens. Directs the Secretary of the department in which the Coast Guard is operating to issue regulations: (1) requiring all vessels engaged in U.S. activities in Antarctica, including tourist expeditions, to be equipped with compaction, storage, and incineration facilities (or stockpiling facilities for vessels not capable of being fitted with waste disposal facilities); and (2) prohibiting U.S. citizens from employing any vessel in Antarctica unless such vessel contains such facilities. Makes it unlawful for any individual in charge of a vessel or any U.S. citizen employing a vessel in Antarctica to: (1) intentionally discharge oil or dispose of plastic in the Antarctic marine environment; (2) dispose of dunnage, lining, or packing materials less than 25 nautical miles from the closest land or ice shelf; (3) dispose of food waste or other garbage less than 12 nautical miles from the closest land or ice shelf; or (4) discharge sewage within 12 nautical miles of the closest land or ice shelf. Prescribes civil penalties for disposal violations or for violations of waste disposal facility requirements. Makes vessels committing disposal violations or violations concerning compliance with specified international shipping conventions liable in rem for such penalties. Requires all vessels supporting U.S. activities in Antarctica to comply with specified international conventions relating to pollution prevention and ship safety. Directs the Secretary to issue regulations requiring all vessels supporting U.S. activities in Antarctica and all U.S. facilities in Antarctica where oil is stored to have contingency plans and the capability and equipment to respond, prevent, and clean up oil spills. Makes such parties liable for the removal of oil and for the restoration of any natural resources, specially-protected areas, or sites of special scientific interest. Prescribes civil penalties if such restoration is not feasible. Requires the President to direct the Secretary of State to initiate actions within the International Maritime Organization to secure designation of the waters south of 60 degrees south latitude as a special area under the International Convention for the Prevention of Pollution From Ships, 1973 and the Protocol of 1978 Relating Thereto. Directs the Under Secretary of Commerce for Oceans and Atmosphere to develop and implement an environmental monitoring program for Antarctica. Requires regulations promulgated pursuant to the Antarctic Conservation Act of 1978 to include requirements for specially-protected areas. Requires the Director to issue regulations designating as a pollutant any substance which is liable, if introduced into Antarctica, to: (1) create health hazards or harm living resources; or (2) damage amenities or interfere with other legitimate uses of Antarctica. Provides for the issuance of permits to regulate the discharge of such pollutants into the Antarctic environment by U.S. citizens. Applies the National Environmental Policy Act of 1969 to all Federal activities in Antarctica. Requires the Secretary of State, before submitting the Convention on the Regulation of Antarctic Mineral Resource Activities to the Senate for ratification, to prepare an environmental impact statement on the Convention and alternative regimes for protecting the Antarctic environment. Sets forth provisions concerning citizen suits. Authorizes appropriations.
United States · United States Congress · 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 · 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 · 5 March 1990
Urges the President and the United States Trade Representative: (1) not to include civil air transport services under the General Agreement on Trade in Services that is being negotiated under the General Agreement on Tariffs and Trade; nor (2) to require future negotiations to include such services under such Agreement.
United States · United States Congress · 1 March 1990
Organic Foods Production Act of 1990 - Title I: National Standards Governing the Organic Production of Agricultural Products - Directs the Secretary of Agriculture to establish: (1) a national organic production certification program; (2) a label for organically produced and handled agricultural products; (3) a national list of approved and prohibited substances to be included in the organic production standards; and (4) a certifying agent accreditation program. Authorizes State organic certification programs. Sets forth: (1) prohibited crop production practices and materials; (2) animal production practices and materials; (3) processing and marketing requirements; and (4) violations of this Act and related penalties. Authorizes appropriations. Title II: National Boards - Directs the Secretary to establish a National Organic Promotion, Research, and Consumer Education Program. Directs the Secretary to issue organic production and handling orders which shall: (1) establish the Initial Organic Delegate Body which shall elect the Initial National Organic Board and the Initial Organic Standards Board; and (2) provide for the election of the National Organic Assembly. Establishes: (1) an Initial National Organic Board; and (2) an Initial Organic Standards Board. Directs the National Organic Assembly to elect members to serve on the National Organic Board and the Organic Standards Board. Authorizes appropriations. Title III: Low Input Label Demonstration Program - Directs the Secretary to establish: (1) a National Low Input Label Demonstration Program; and (2) two experimental agricultural product labels for Program use. Authorizes appropriations. Title IV: National Laboratory Accreditation - Directs the Secretary to: (1) establish a National Laboratory Accreditation Program for laboratories that test for residues in agricultural products; and (2) establish minimum standards with regard to quality assurance, equipment, methodologies, and personnel. Authorizes appropriations.
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
Tire Recycling Incentives Act of 1990 - Amends the Solid Waste Disposal Act to require tire producers or importers to recycle an amount of scrap tires equal to at least the amount determined by multiplying the amount of tires produced or imported that year by the recycling percentage established by the Administrator of the Environmental Protection Agency. Authorizes compliance by: (1) recycling scrap tires through reintroducing the reclaimed rubber into a manufacturing process to produce new tires or retread old tire casings; or (2) purchasing recycling credits under this Act. Requires such individuals to report annually to the Administrator on the amount of tires produced or imported. Directs the Administrator to establish a recycling percentage that is five percentage points higher than the existing recycling rate for tires. Provides for increases in such percentage of five points annually in the ten years following the date of enactment of this Act. Requires the Administrator to promulgate regulations allowing recyclers to create credits for tire recycling and tire producers or importers to purchase such credits. Sets forth: (1) specified recordkeeping requirements for owners or operators of tire sale and installation facilities and tire producers and importers; and (2) the amount of credits allowed for scrap tires. Directs the Attorney General to determine the effects of the credit system on competition within the tire and scrap tire recycling industries and to report annually to the Congress. Sets the recycling percentage at 60 percent if the Administrator fails to promulgate regulations. Directs the Administrator to: (1) publish in the Federal Register minimum requirements for State scrap tire management and procedures under which such requirements shall be incorporated into State solid waste management plans; (2) provide for expedited review of State plans which include specified scrap tire recycling measures; and (3) establish standards to minimize health and environmental damages from the improper disposal and storage of tires. Requires such standards to provide for: (1) bans on the disposal of tires in land disposal facilities; (2) State inventories of scrap tire collection facilities, tire advisory boards, and scrap tire abatement plans; (3) agreements between facilities which distribute more than 1,000 tires annually and licensed tire haulers for the exclusive hauling of scrap tires by licensed haulers; and (4) prohibitions on the transportation of scrap tires by transporters without transportation identification numbers, with specified exceptions. Directs the Administrator to publish guidelines for States for the issuance of permits to scrap tire storage, processing, transfer, and recycling facilities. Provides for: (1) limits on the size of scrap tire piles at such facilities; (2) bans on open burning within 50 feet of a scrap tire pile; (3) regulations on vegetation, rodent, and mosquito control at such facilities; and (4) different requirements for collection and storage facilities located in 100-year flood plains or other areas where water resources are critical. Requires the Administrator to promulgate guidelines for States for facility emergency plans. Directs facility owners or operators to maintain and update emergency preparedness manuals. Requires facility operators to notify the State immediately in the event of an emergency with potential offsite impacts. Sets forth specified emergency and operational recordkeeping, reporting, and inspection requirements. Requires all regulated facilities to have appropriate financial responsibility or insurance to maintain the facility for at least five years after closure. Exempts specified persons from permitting requirements. Requires the Secretary of the Interior, together with the heads of agencies responsible for public lands or military installations, to implement a plan to remediate tire piles. Applies plan requirements to the National Railroad Passenger Corporation. Directs the Administrator to develop a guideline for procuring goods that make use of scrap or used tires. Permits States to: (1) enter into consent orders with owners and operators of scrap tire collection facilities for proper management and abatement of scrap tires; and (2) levy fines on facilities for noncompliance. Imposes fines on tire facilities and landfills for specified violations of this Act. Authorizes appropriations.
United States · United States Congress · 28 February 1990
Condemns the Government of Cuba for retaliating against citizens who testified before the delegation of the United Nations Human Rights Commission (UNHRC). Urges such Government to release all political prisoners. Calls upon the Secretary General to prepare and make available to the UNHRC a report on the results of his contacts with the Cuban Government. Urges the UNHRC to: (1) hold Cuba accountable to the standards embodied in the Universal Declaration of Human Rights; and (2) appoint a Special Rapporteur to investigate the human rights situation in Cuba and submit a report for consideration at the 47th Session of the UNHRC.
United States · United States Congress · 27 February 1990
Ocean and Coastal Programs Authorization Act of 1990 - Authorizes appropriations to the Department of Commerce for FY 1991 to carry out activities of the National Oceanic and Atmospheric Administration relating to: (1) mapping, charting, and geodesy; (2) observation and assessment (not to be used for activities authorized separately by the National Ocean Pollution Planning Act of 1978 or by title II of the Marine Protection, Research, and Sanctuaries Act of 1972) (Marine Sanctuaries Act); and (3) ocean and coastal management, under title III of the Marine Sanctuaries Act (not to be used for activities authorized separately under the Deep Seabed Hard Mineral Resources Act).
United States · United States Congress · 27 February 1990
Directs the Secretary of Defense to terminate the Ground-Wave Emergency Network program. Prohibits funds from being obligated or expended for such Program after enactment of this Act, except for the termination or cancellation of the Program.
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
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
Title I: General Provisions - Coastal Zone Act Reauthorization Amendments of 1990 - Sets forth congressional findings and purposes. Title II: Establishment of Ocean and Coastal Zone Management Service - Establishes within the National Oceanic and Atmospheric Administration an Ocean and Coastal Zone Management Service to succeed the Office of Ocean and Coastal Resource Management. Title III: Coastal Zone Management Act - Amends the Coastal Zone Management Act of 1972 to transfer specified coastal zone management authorities of the Secretary of Commerce to the Under Secretary of Commerce for Oceans and Atmosphere. Authorizes the Under Secretary to make annual grants to coastal States for the development of coastal zone management programs. Prohibits States from receiving more than two grants. Permits the Under Secretary (currently, the Secretary) to make administrative grants to States which match such grants according to specified ratios. Directs the Secretary to establish maximum and minimum grants to promote equity between States and effective coastal management. Revises program approval requirements. Requires the Under Secretary (currently, the Secretary) to make coastal resource management improvement grants to States. Revises State matching requirements for such grants. Directs State coastal management agencies to submit coastal waters protection programs to the Under Secretary. Requires such programs to implement coastal land use management measures to assist in controlling nonpoint source pollution of coastal waters. Outlines program requirements. Directs the Under Secretary to provide technical assistance to States and local governments for implementing such programs. Requires the Under Secretary to review the inland coastal boundary of each State program and evaluate whether such boundary extends inland to the extent necessary to control land and water uses having a significant impact on State coastal waters. Directs the Under Secretary to recommend modifications to such boundaries, as appropriate. Requires the Secretary to provide grants to States for coastal water protection programs. Subjects the provision of such grants to State matching requirements. Permits the Under Secretary to retain up to 30 percent of grant funds for States that are making exemplary progress in complying with program requirements. Requires the Under Secretary to mediate any disagreements between States with respect to coastal zone management. Authorizes coastal States and the Under Secretary, respectively, to collect specified administrative fees with respect to coastal zone management. Revises provisions concerning the coastal energy impact program. Directs the Under Secretary to recommend a coastal energy impact program to the Congress to include financial and technical assistance to meet the needs of States and local governments resulting from energy activities affecting the coastal zone. Requires the Under Secretary to: (1) implement a program to assist coastal States in fulfilling responsibilities under the Outer Continental Shelf Lands Act; and (2) make grants to States likely to be affected by Outer Continental Shelf energy activities, if such States match such grants according to a specified ratio. Revises loan repayment provisions. Requires the Under Secretary, if any State or local government is unable to meet a loan obligation due to insufficient revenues from energy activities, to recommend to the Congress that legislation be enacted to forgive such loan. Directs the Under Secretary to establish a coastal zone management discretionary fund to be used only for: (1) regional, interstate, and demonstration projects; (2) emergency grants to States to address disasters; (3) awards recognizing excellence in coastal zone management; and (4) program development grants. Requires the Under Secretary to implement a program to require coastal States to make continual improvements in management programs in at least one of the following national interest areas: (1) coastal wetlands protection; (2) natural hazards management; (3) public access to coastal areas; (4) assessments of impacts of coastal growth and development; and (5) procedures to facilitate the siting of energy facilities and accommodate energy-related activities. Directs the Under Secretary to assess, for each State, the priority needs for improvement in each of the national interest areas and to negotiate a National Interest Improvements Program. Provides for the annual review of such programs and waivers to program requirements. Requires the Under Secretary to retain 20 percent of the amounts appropriated for administrative and resource improvement grants to implement such programs. Sets forth grant allocation requirements. Revises provisions concerning performance reviews of State coastal zone management. Permits the Under Secretary to place coastal States on probation for failure to implement coastal management programs. Requires the Under Secretary to withdraw up to 25 percent of coastal management funds allocated to a State for corrective action purposes. Directs the Under Secretary to withdraw approval of any management program of, and any financial assistance to, a State that has failed to implement a coastal waters protection program. Revises recordkeeping and auditing requirements. Directs the Under Secretary to implement an awards program to acknowledge outstanding accomplishment in coastal zone management. Revises provisions concerning the national estuarine research reserve system. Requires research guidelines for the system to include monitoring and education activities. Increases the ceiling on financial assistance to be provided to research reserves. Permits the Under Secretary to enter into cooperative agreements with nonprofit organizations to aid activities in such reserves and to solicit donations for such activities. Authorizes appropriations. Permits coastal States, with the Under Secretary's approval, to allocate portions of any grants received under this title to local governments or regional or interstate agencies. Title IV: International Cooperation in Coastal Zone Management - Expresses the sense of the Congress that: (1) the Under Secretary and the Secretary of State should cooperate to develop a program of technical assistance to developing nations for coastal zone management; and (2) coastal zone management should be a component of negotiations pursuant to the Intergovernmental Panel on Climate Change and the Under Secretary and the Secretary are encouraged to initiate discussions with other nations to include coastal zone management as part of an international convention on global climate change.
United States · United States Congress · 21 February 1990
Sugar Equity and Reform Act of 1990 - Title I: Sugar Price Support Program - Amends the Agricultural Act of 1949 to direct the Secretary of Agriculture to support the price of each of the 1991 through 1995 crops of domestically grown sugarcane through six-month nonrecourse loans, with the loan rate for raw cane sugar at 95 percent of the rate announced for the preceding crop year. Requires the loan rate for sugar beets to be fair and reasonable in relation to the rate for sugarcane. Title II: Regulation of Sugar Imports - Prescribes policy for the regulation of sugar imports, including quotas and lowest tariff rates. Directs the Secretary to announce a market stabilization price and a threshold price for raw sugar no later than 30 days before the beginning of the October 1, 1991, sugar marketing year. Requires the President to maintain the market price for raw sugar at or near the market stabilization price through imposition of tariff rate import quotas on various sugar products. Amends the Food Security Act of 1985 to repeal the mandate to operate the sugar program at no cost to the Government by preventing the accumulation of sugar acquired by the Commodity Credit Corporation through sugar loan forfeitures. Repeals the requirement that a sugar exporting country verify that it does not import Cuban sugar for reexport to the United States.
United States · United States Congress · 21 February 1990
Rural Nursing Incentive Act of 1990 - Amends title XVIII (Medicare) of the Social Security Act to provide direct coverage under part B (Supplementary Medical Insurance) of the Medicare program of nurse practitioner or clinical nurse specialist services furnished in rural areas. Sets the Medicare payment for such services at 80 percent of the lesser of the actual charge or the prevailing charge that would have been recognized had the services been performed by a physician. Requires that such payments be made on an assignment-related basis.
United States · United States Congress · 20 February 1990
Federal Used Property for Domestic Use Act of 1990 - Amends the Federal Property and Administrative Services Act of 1949 to authorize the Administrator of the General Services Administration to make available to foreign governments or international relief agencies for humanitarian relief purposes nonlethal surplus personal property. Requires transfer of such property to the Secretary of State for distribution. Repeals provisions authorizing the Secretary of Defense to make available for humanitarian relief purposes any nonlethal excess supplies of the Department of Defense.
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
Economic Stabilization, Adjustment, and Defense Industry Conversion Act of 1990 - Title I: The President's Economic Stabilization and Adjustment Council - Establishes the President's Economic Stabilization and Adjustment Council, headed by a Chairperson, to design and establish an economic adjustment program to assist local communities in the alleviation of adverse economic and social effects of defense realignments, including military installation or defense facility closures or realignments and the cancellation or curtailment of major defense contracts (contracts in excess of $10,000,000). Requires the Council: (1) upon receiving notification of the annual budget proposals of the Secretary of Defense, to commence a preliminary study of the potential adverse economic effects of such proposals on any region, locality, or community; (2) to study and prepare a policy to facilitate the conversion of defense facilities, military installations, and other portions of the defense industry which are no longer needed for defense purposes into productive uses in the civilian economy; (3) to take appropriate action to encourage the private sector and State and local governments to develop plans for the conversion of former defense industry facilities into private enterprises and public projects; (4) to establish within the executive office an Office of Economic Stabilization and Adjustment to provide staff support for the Council; and (5) to prepare and submit to the Congress an economic stabilization and adjustment report on an annual basis. Title II: Community Economic Adjustment Planning - Requires the Secretary of Defense, upon release of the President's budget or any announcement of the realignment or closure of any military installation or defense facility, to notify any State or local government which may be affected by such realignment or closure or by the termination or curtailment of a major defense contract. Allows any community which is likely to be substantially and seriously affected to be eligible for economic adjustment planning assistance under this Act. Requires such communities to prepare certain analyses and forecasts in order to receive such assistance. Requires the Council to review such analyses and forecasts to determine which communities are eligible for such assistance. Title III: Economic Planning and Adjustment Assistance - Makes all communities determined eligible for economic adjustment planning assistance eligible for community planning assistance under Federal armed forces provisions and for economic adjustment assistance under the Public Works and Economic Development Act of 1965. Increases the amount of such Federal armed forces community planning assistance. Title IV: Economic Adjustment Assistance for Employees - Subtitle A: Qualification of Group Eligibility - Outlines procedures under which workers may petition the Secretary of Labor for economic adjustment assistance under this Act. Provides for public hearings, a determination by the Secretary that such group meets such requirements, and issuance by the Secretary of a certificate of eligibility. Outlines administrative limitations and procedures in connection with such certification. Requires the Secretary to provide notice and information to affected workers about the benefit allowances, training, and other employment services available and about application procedures in connection with such assistance. Subtitle B: Program Benefits - Chapter 1: Economic Readjustment Allowances - Authorizes the payment of economic readjustment allowances to adversely affected workers who are covered by such a certification, who file appropriate applications, and who meet specified conditions concerning length and amount of former employment in the defense-related industry before the layoff or termination took place. Requires such workers to be enrolled in or have completed a worker retraining program approved by the Secretary of Labor, unless the Secretary or the State or a State agency determines that such a program is not feasible or appropriate. Sets forth amounts of the economic readjustment allowance payable, reduced by any payments received during approved retraining. Requires such payments to be coordinated with benefits provided under other Federal training programs. Limits the dollar and time-period amounts of such assistance. Chapter 2: Training, Other Employment Services, and Allowances - Directs the Secretary of Labor to make every reasonable effort to secure for adversely affected workers covered by a certification under subtitle A counseling, testing, and placement services and supportive and other services provided under any other Federal law. Authorizes the Secretary to approve worker training under specified conditions and give priority to on-the-job training. Limits the maximum amount of payments for such training. Requires such benefits to be coordinated with other Federal training programs. Outlines other training program conditions, requirements, and limitations. Allows any adversely affected worker covered by an appropriate certification to file with the Secretary an application for a job search allowance. Allows such workers to apply for a relocation allowance to cover required relocation expenses, under certain conditions. Subtitle C: General Provisions - Outlines general and administrative provisions concerning: (1) agreements between the Secretary and a State for the provision of economic adjustment assistance under this Act; (2) the determination and provision of economic adjustment assistance by the Secretary in the absence of any State agreement; (3) payments to States under an agreement concerning sums necessary to make economic adjustment assistance payments to affected workers; (4) liabilities of certifying and disbursing officers; (5) fraud and the recovery of overpayments in the provision of such assistance; and (6) penalties in connection with the disclosure of false information in order to receive such assistance. Gives the Secretary subpoena power in order to make eligibility determinations under this Act. Title V: Expansion of Development and Venture Capital Programs - Allows any industry identified by the Council as an industry adversely affected by reductions in the Federal budget for defense production to be eligible for technical assistance under the Trade Act of 1974. Expresses congressional recognition of the success over the past three decades of the small business investment company program established under the Small Business Investment Act of 1958. Directs the President, before the end of FY 1990, to prepare and submit to the Congress a plan for doubling the amount of Federal assistance provided under the small investment company program of such Act. Expresses congressional recognition of the success of the Small Business Innovation Research Program in rewarding inventors. Directs the President, before the end of FY 1990, to develop and submit to the Congress a program for assisting inventors in developing their inventions, including doubling the percentage of the total budgets for research and development of Federal agencies that is devoted to the Small Business Innovation Research Program. Expresses congressional recognition of the success of the certified development company program established under the Small Business Investment Act of 1958. Directs the President, before the end of FY 1990, to transmit to the Congress a program for expanding the amount of assistance provided to the certified development company program under such Act by 50 percent over a five-year period. Amends the Small Business Investment Act to prohibit certain restrictive capital-to-jobs ratios from being imposed upon any certified development company under such Act.
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
Environmental Protection Act of 1990 - Directs the Administrator of the Environmental Protection Agency (EPA) to increase the number of criminal investigators in the EPA Office of Criminal Investigations in the five fiscal years following the enactment of this Act. Requires the Administrator to hire 50 civil investigators to assist the Office of Enforcement and Compliance Monitoring in developing and prosecuting civil and administrative actions. Directs the Administrator to establish within the Office of Enforcement and Compliance Monitoring the National Enforcement Training Institute to train lawyers, inspectors, investigators, and technical experts in environmental law enforcement. Establishes the Environmental Laws Enforcement Fund to carry out this Act. Authorizes appropriations.
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
Makes farm operators with gross incomes or farm entities with gross receipts exceeding specified amounts ineligible for agricultural payments (except disaster assistance) under the Agricultural Act of 1949.
United States · United States Congress · 7 February 1990
Savings and Economic Growth Act of 1990 - Title I: Capital Gains Provisions - Subtitle A: Reduction in Capital Gains Tax - Amends the Internal Revenue Code to reduce the capital gains rate for noncorporate taxpayers through a deduction of: (1) 30 percent for assets held at least three years; (2) 20 percent for assets held at least two years; and (3) ten percent for assets held at least one year. Provides for the treatment of collectibles as short-term gains or losses (making them ineligible for such deduction). Disallows the capital gains deduction in computing the alternative minimum tax. Subtitle B: Depreciation Recapture - Provides for the treatment of gain from the disposition of certain depreciable realty as ordinary income. Title II: Home Ownership and Savings Incentives - Allows an exemption from the ten-percent additional tax on early distributions from qualified retirement plans up to $10,000, if the distribution is used to make a first-home purchase at a cost of no more than 110 percent of the median home price in the geographic area where the residence is located. Allows an individual (other than a dependent) to establish a family savings account for the exclusive benefit of an individual and the individual's beneficiaries. Limits contributions to such accounts to $2,500 for the taxable year, if the individual's adjusted income does not exceed $60,000 ($120,000 in the case of joint returns). Subjects the family savings account to the tax imposed on unrelated business income of tax-exempt organizations. Provides that distributions paid out of such accounts shall not be included in gross income, except for earnings on contributions held less than seven years. Establishes a ten-percent additional tax on earnings on contributions held less than three years.
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 · 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.
United States · United States Congress · 1 February 1990
Medicaid Hospice Amendments of 1990 - Amends title XIX (Medicaid) of the Social Security Act to require States to provide Medicaid coverage of hospice care.
United States · United States Congress · 1 February 1990
Title I: Short Title - Medicaid Community and Facility Habilitation Services Amendments of 1990 - Title II: Community and Facility Habilitation Services Amendments - Part A: Community Habilitation and Supportive Services - Amends title XIX (Medicaid) of the Social Security Act to authorize States to cover community habilitation and supportive services for individuals with mental retardation or related conditions without regard to whether or not such individuals have been discharged from a nursing or habilitation facility. Defines community habilitation and supportive services as services which assist individuals in developing and maintaining the skills necessary to function successfully in a home or community-based setting. Requires that community habilitation and supportive services be provided to each client in accordance with an individual habilitation plan prepared and periodically reviewed and revised by an interdisciplinary team on the basis of a comprehensive functional assessment of a client's needs conducted before his or her receipt of services and at least annually thereafter. Requires that such services meet minimum requirements, to be developed by the Secretary of Health and Human Services, regarding client rights and service quality. Makes the requirements imposed on habilitation facilities (under this Act) regarding patient's rights and facility safety and sanitation applicable to residential settings in which community habilitation and supportive services are provided. Requires that residential 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 residential setting repeatedly found to have provided substandard care. Requires a habilitation facility which converts to a residential setting to continue to provide continuous active treatment to residents who required such treatment at the time of conversion. Requires a residential setting to document a client's receipt of medical services. Excludes settings in which fewer than three unrelated adults reside from the definition of a "residential setting." Makes the: (1) Secretary responsible for certifying that State providers of community habilitation and supportive services and residential settings in which such services are provided comply with Medicaid requirements; and (2) States responsible for certifying that other providers of and residential settings for such services comply with Medicaid requirements. Requires each State to: (1) conduct periodic educational programs for the staff and clients in residential settings for community habilitation and supportive services regarding requirements imposed on such setting; and (2) provide, through the State agency responsible for the certification of such providers and residential settings, for the receipt, review, and investigation of allegations of client neglect and abuse and of misappropriation of client property by providers. Requires that such providers and settings be certified annually. Provides States with no Federal Medicaid coverage for the costs of carrying out such quality assurance activities. Authorizes States to reward providers of community habilitation and supportive services who provide the highest quality of care. Bases residential setting certification on an annual, unannounced survey. Directs the Secretary to: (1) develop a protocol for conducting surveys; and (2) conduct sample surveys of residential 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 the 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 or have not completed a training and testing program approved by the Secretary. Requires States and the Secretary to investigate complaints against providers or settings concerning violations of this Act's requirements. 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) the State agency responsible for the protection and advocacy system for the developmentally disabled and the guardians of clients be notified of a provider's or setting's noncompliance with this Act's requirements. Gives State Medicaid fraud and abuse control units 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. Directs the Secretary and States to apply certain other remedies where the health and safety of clients are not immediately jeopardized. Requires the imposition of civil money penalties against providers and settings which are, or are found to have been, out of compliance with any of this Act's requirements. Sets forth the Secretary's responsibilities relating to community habilitation and supportive service requirements. Eliminates the restriction of the Medicaid waiver for community habilitation services to individuals who have been discharged from a skilled nursing or intermediate care facility. Directs the Secretary to report to the Congress: (1) annually, on the extent to which providers and residential settings are complying with this Act's requirements and the number and type of enforcement actions taken by the Secretary and the States; and (2) by January 1, 1993, on the effectiveness of existing outcome-oriented instruments and methods in evaluating and assuring the quality of community habilitation and supportive services. Part B: Quality Assurance for Habilitation Facility Services - Defines a "habilitation facility" as an institution primarily engaged in providing health or habilitation services to individuals with mental retardation or related conditions and not primarily for the care and treatment of mental diseases. Sets forth requirements for habilitation facilities, including requirements that such facilities: (1) promote maintenance or enhancement of the quality of life, independence, productivity, and integration into the community of each client; (2) provide continuous active treatment which is coordinated and monitored by a qualified mental retardation professional; (3) provide such treatment in accordance with an individual program plan prepared and periodically reviewed and revised by an interdisciplinary team of professionals on the basis of an assessment of a client's developmental and behavioral management needs conducted upon the client's admission and at least annually thereafter; (4) not admit any new client with mental retardation or a related condition on or after January 1, 1992, unless the State mental retardation or developmental disability authority has determined on the basis of an evaluation performed independently of the facility that the individual requires habilitation facility services; (5) provide physician services 24 hours a day, annual physical examinations, licensed nursing services, comprehensive dental diagnostic and treatment services, routine and emergency drugs and biologicals, professional program services to implement each client's active treatment plan, and meal services; (6) require a physician's supervision of each patient's care, have a physician available to furnish emergency medical care, and maintain clinical records on all clients; (7) protect specified client rights, including the right to appeal a transfer or discharge and receive post-discharge preparation and planning services; (8) provide applicants and residents with information regarding the Medicaid program and not require applicants to waive their rights to such benefits or have a third party guarantee payment to the facility as a condition of their admission; (9) protect a client's personal funds upon the client's authorization and teach clients to manage their funds to the extent of their capabilities; (10) adopt certain measures to preserve facility safety and sanitation; and (11) meet such other conditions which the Secretary of Health and Human Services deems necessary for client health and safety. Sets forth the Secretary's responsibilities relating to habilitation facility requirements. Makes the Secretary responsible for certifying that State habilitation facilities comply, and States responsible for certifying that other habilitation facilities comply, with Medicaid habilitation facility requirements. Requires each State to: (1) conduct periodic educational programs for habilitation facility staff and clients regarding the requirements imposed on such facilities; and (2) provide, through the State agency responsible for the certification of habilitation facilities, for the receipt, review, and investigation of allegations of client neglect and abuse and of misappropriation of client property by facility staff. Bases habilitation facility certification on an annual, unannounced survey. Directs the Secretary to: (1) develop and test a protocol for conducting surveys; (2) establish minimum qualifications for surveyors and train them in survey and certification techniques; and (3) conduct sample surveys of habilitation facilities, within two months of State surveys, to test the adequacy of State surveys, and reduce Federal payments for State Medicaid administrative costs if such State surveys prove inadequate. Authorizes the Secretary to conduct a special survey of a facility when there is reason to question its compliance with this Act. Requires States and the Secretary to investigate complaints against a facility and monitor the compliance of a facility with this Act's requirements if the facility was previously found out of compliance or the State or Secretary has reason to question its compliance. Requires that: (1) certain information regarding habilitation facilities and their compliance with this Act's requirements be made available to the public; (2) the State agency responsible for the protection and advocacy system for the developmentally disabled and the guardians of facility clients be notified of a facility's noncompliance with this Act's requirements; and (3) mail survey results to the parents or legal representative of each client and make such results available to the public upon request. Gives State Medicaid fraud and abuse control units access to facility survey and certification information. Requires that when the Secretary or a State determines that a habilitation facility's deficiencies immediately jeopardize residents' health and safety, immediate action be taken to remove the jeopardy and correct the deficiencies or such facility's participation in Medicaid be terminated. Directs the Secretary and States to apply certain other remedies where the health and safety of facility residents are not immediately jeopardized. Authorizes the imposition of civil money penalties against facilities found to be in compliance with this Act's requirements but to have been out of compliance previously. Provides that if a facility is out of compliance with any of this Act's requirements three months after having been found out of compliance with such requirements or on three consecutive annual surveys, Medicaid payments for newly admitted residents shall be denied, civil monetary penalties assessed and collected, and, in the latter case, on-site monitoring of the facility's compliance shall be established. Allows States to establish a program rewarding habilitation facilities that provide the highest quality of care to Medicaid-eligible clients. Provides that when a facility is found to have deficiencies relating to the facility's physical plant that do not immediately jeopardize the health or safety of its clients, the State may submit to the Secretary a written plan for permanently reducing the number of certified beds in such facility within 36 months of such finding and providing services, including community habilitation and supportive services, to clients who thereby cease to receive facility services. Requires that Medicaid-eligible clients be given the option of retaining facility services. Requires the Secretary to report to the Congress annually on the extent to which habilitation facilities are complying with this Act's requirements and the number and type of enforcement actions taken by States and the Secretary. Part C: Appropriate Placement for Individuals with Mental Retardation or a Related Condition - Requires that State mental retardation or developmental disability authorities conduct preadmission and annual reviews of habilitation facility applicants and residents with mental retardation or related conditions to determine whether they require facility services or community habilitation and supportive services. Directs that such preadmission and annual reviews be conducted in accordance with criteria to be developed by the Secretary by July 1, 1991. Requires States to provide community habilitation and supportive services for facility clients who need such services but no longer need habilitation facility services. Requires States to establish an appeals procedure for individuals adversely affected by such preadmission and annual reviews. Eliminates existing utilization review and penalty provisions directed at the provision of services in an intermediate care facility for the mentally retarded. Part D: Payment for Community Habilitation and Supportive Services and Habilitation Facility Services - Covers the reasonable and adequate costs of community habilitation and supportive services and habilitation facility services, without distinguishing, in payment amounts, between State-operated providers and other providers. Prohibits Medicaid reimbursement of providers or facilities for civil monetary penalties imposed pursuant to this Act. Part E: Employee Protections and Miscellaneous - Provides employment protections for employees affected by habilitation facility closures or capacity reductions occurring after this Act's enactment. Authorizes States to assign specific management functions relating to the provision of Medicaid services to individuals with mental retardation or related conditions to State agencies responsible for developmentally disabled individuals.
United States · United States Congress · 31 January 1990
Rape and Incest Victims' Choice Resolution - Expresses the sense of the House of Representatives that Federal Medicaid (title XIX of the Social Security Act) funding should be available for the abortion of pregnancies resulting from rape or incest if such acts, considering the physical and mental state of the women involved, are reported promptly.
United States · United States Congress · 30 January 1990
Provides for all Federal civilian and military retirees to receive the full cost-of-living adjustment in annuities payable under Federal retirement systems for FY 1991. (Includes benefits payable under the Civil Service Retirement and Disability System, military retirement and survivor benefit programs, the Foreign Service Retirement and Disability System, the Central Intelligence Agency Retirement and Disability System, and railroad retirement programs.)
United States · United States Congress · 30 January 1990
Urges the President to seek the consent of the Senate to the ratification of the Convention on the Rights of the Child, adopted by the United Nations on November 20, 1989.
United States · United States Congress · 30 January 1990
Expresses the sense of the Congress that: (1) it would be inequitable for Civil Service retirees to receive smaller cost-of-living adjustments to their pensions than Social Security retirement beneficiaries; and (2) any budget adopted by the Congress should provide for full cost-of-living adjustments for all individuals receiving a Federal retirement pension or benefit.
United States · United States Congress · 25 January 1990
National Environmental Strategy Act of 1990 - Establishes the National Environmental Institute Commission to: (1) make recommendations to the President and the Congress for the establishment of a National Environmental Institute, a Bureau of Environmental Information and Statistics, and an organization to examine public environmental policies; and (2) identify areas of research which require long-term efforts to mitigate serious risk to the environment. Requires the Commission to recommend the design of the Institute to accommodate the following functions: (1) developing a National Environmental Research Strategy; (2) evaluating the state of the environment; (3) coordinating Federal, State, and private sector efforts to perform needed research and the performance, or provision of support for, necessary research which has not been performed; and (4) serving as a focus for international solutions to global environmental problems. Authorizes appropriations.
United States · United States Congress · 24 January 1990
Medicare Benefit Improvements Act of 1990 - Amends title XVIII (Medicare) of the Social Security Act to cover screening mammographies for women over age 34 at a frequency which varies on the basis of a woman's age and risk of developing breast cancer. Covers up to 80 hours of annual in-home respite care furnished to an individual who has incurred expenses equal to a specified Medicare Part B (Supplementary Medical Insurance) cost-sharing limit and, for the preceding three months, has been unable to perform at least two specified daily living activities without the assistance of an uncompensated primary caregiver with whom he or she resides. Covers nursing care and home health aide services as home health services if such services are needed less than seven days each week or are needed for up to 38 consecutive days. Amends part A (Hospital Insurance) of the Medicare program to create an extension period of hospice care for terminally ill beneficiaries which is to follow the two 90-day periods and the subsequent 30-day period of hospice care coverage currently provided in an individual's lifetime. Increases the Medicare part B premium.
United States · United States Congress · 23 January 1990
Amends the Energy Policy and Conservation Act to require the Secretary of Energy to establish a Regional Petroleum Products Reserve for Federal Energy Administration Region 1. Directs the Secretary to accumulate residential heating petroleum products at Reserve facilities in case of severe price increases or disruptions of petroleum imports. Requires the Secretary to develop and promulgate a separate distribution plan for this Regional Petroleum Products Reserve. Requires (current law permits) the Secretary to: (1) establish an Industrial Petroleum Reserve as part of the Strategic Petroleum Reserve; and (2) require petroleum product importers and refiners to maintain readily available inventories in amounts determined by the Secretary.
United States · United States Congress · 23 January 1990
Amends the Internal Revenue Code to impose a 90-percent excise tax on the windfall profit from home heating oil sold by the producer or importer, who shall pay the tax. Establishes the Home Heating Oil Trust Fund and appropriates to it the excise taxes received from home heating oil windfall profits. Makes amounts in such Fund available for grants under the Low-Income Home Energy Assistance Act of 1981.
United States · United States Congress · 23 January 1990
Directs the Secretary of Energy to conduct an emergency study and report to the Congress and the President within 30 days of this resolution's approval on the causes of the rapid and sharp increase of home heating oil and propane prices in the winters of 1989 and 1990, including in such report proposals for protecting consumers from such increases in the future. Directs the Comptroller General to submit a supplemental report assessing the Secretary's study and report.
United States · United States Congress · 23 January 1990
Dire Energy Emergency Supplemental Appropriations Act - Makes FY 1990 supplemental appropriations to the Department of Health and Human Services for payments under the low-income home energy assistance program.
United States · United States Congress · 21 November 1989
Federal Fire Service Pay Schedule Act of 1989 - Establishes a pay schedule for Federal fire service personnel. Excludes employees of the District of Columbia from such schedule. Provides for periodic and additional step increases, minimum hours of work, the computation of overtime, educational incentive service step increases, retirement, pay comparability, and additional compensation for technicians.
United States · United States Congress · 21 November 1989
Amends the Wild and Scenic Rivers Act to designate certain segments of Salmon Creek and the Little South Fork and South Fork of the Elk River, California, for potential addition to the wild and scenic rivers system.
![Official portrait of Rep. Schneider, Claudine [R-RI-2]](https://www.congress.gov/img/member/s000136_200.jpg)