101st Congress - The Exon Library

INDEX OF BILLS 

SPONSORED BY SENATOR JIM EXON 

IOIST CONGRESS (1989-1990) 

1. S. 154 by EXON (D-NE) -- Private Relief [36 lines] 

2. S. 280 by EXON (D-NE) -- Niobrara Scenic River Designation Act of 

1990 [163 lines] 

3. S. 281 by EXON (D-NE) -- Construction of the O’Neill Unit, Pick-Sloan 

Missouri Basin Program, Nebraska, Provision [49 lines] 

4. S. 353 by EXON (D-NE) -- Internal Revenue Code of 1986, Amendment 

[39 lines] 

5. S. 354 by EXON (D-NE) -- Items in Appropriation Bills Passed by Both 

Houses of Congress Enrolled as Separate Joint Resolutions, 

Provision [64 lines] 

6. S. 462 by EXON (D-NE) -- Rail Passenger Service Act, Amendment 

[85 lines] 

7. S. 470 by EXON (D-NE) -- Rural Bus Services Act [138 lines] 

8. S. 532 by EXON (D-NE) -- Congressional Budget Act of 1974, Amendment 

[106 lines] 

9. S. 762 by EXON (D-NE) -- Postal Service, Title 39 U.S.C., Amendment 

[71 lines] 

10. S. 819 by EXON (D-NE) -- Motor Carrier Safety Act of 1989 [260 lines] 

11. S. 1011 by EXON (D-NE) -- Medicare Catastrophic Coverage Delay Act of 

1990 [191 lines] 

12. S. 1012 by EXON (D-NE) -- Disaster Assistance Act of 1989 [159 lines] 

13. S. 1088 by EXON (D-NE) -- Medicaid Community and Facility 

Habilitation Services Amendments of 1989 [2,184 lines] 

14. S. 1114 by EXON (D-NE) -- Bankruptcy, Title 11 U.S.C., Amendment 

[34 lines]

INDEX OF BILLS - CONTINUED 

15. S. 1115 by EXON (D-NE) -- Rural Electrification Act of 1936, 

Amendment [128 lines] 

16. S. 1157 by EXON (D-NE) -- Internal Revenue Code of 1986, Amendment 

[39 lines] 

17. S. 1197 by EXON (D-NE) -- Payment of Federal Benefits to Illegal 

Aliens, Prohibition [37 lines] 

18. S. 1450 by EXON (D-NE) -- Virginia Smith Dam and Reservoir, 

Designation [34 lines] 

19. S. 1509 by EXON (D-NE) -- Amendments to Certain Water Service 

Contracts for the Frenchman Unit of the Pick-Sloan Missouri 

Basin Program, Authorization [49 lines] 

20. S. 1609 by EXON (D-NE) -- Additional District Court Judge in 

Nebraska, Provision [34 lines] 

21. S. 1747 by EXON (D-NE) -- Ponca Restoration Act (Pub. L. 101-484, 

approved 10/31/90) [182 lines] 

22. S. 1875 by EXON (D-NE) -- Virginia Smith Dam and Calamus Lake 

Recreation Area, Designation (Pub. L. 101-359, approved 

8/10/90) [34 lines] 

23. S. 2308 by EXON (D-NE) -- Certain Games of Chance By Nonprofit 

Organizations Not to Be Treated as Unrelated Business, 


24. S. 2393 by EXON (D-NE) -- Safe Food Transportation Act of 1990 

[600 lines] 

25. S. 2516 by EXON (D-NE) -- Foreign Direct Investment and International 

Financial Data Improvements Act of 1990 (Pub. L. 101-533, 


26. S. 2642 by EXON (D-NE) -- Grown in the United States Food Labeling 

Act of 1990 [42 lines] 

27. S. 2745 by EXON (D-NE) -- Amtrak Reauthorization and Improvement Act 

of 1990 [166 lines]

INDEX OF BILLS - CONTINUED 

28. S. 2828 by EXON (D-NE) -- Joe the Magpie Act of 1990 [38 lines] 

29. 

30. 

31. 

32. 

33. 

34. 

35. 

36. 

37. 

S. 2894 by EXON (D-NE) -- Appropriations for the West North Central 

Highway System, Authorization [64 lines] 

S. 2926 by EXON (D-NE) -- Feasibility Study of Expressway Between 

Scottsbluff, Nebraska, and Rapid City, South Dakota, 


S. 2933 by EXON (D-NE) -- Negotiated Rates Equity Act of 1990 

[160 lines] 

S. 2936 by EXON (D-NE) -- Hazardous Materials Transportation Uniform 

Safety Act of 1990 (Pub. L. 101-615, approved 11/16/90) 

[1,728 lines] 

S. 3043 by EXON (D-NE) -- Private Relief (Private Law 101-11, 


S.Res. 344 by EXON (D-NE) -- Resolution Concerning the Senate Legal 

Counsel Representation in the Case of Carnessale v. 

Cranston and Wilson [20 lines] 

S.J. Res. 22 by EXON (D-NE) -- Constitution of the United States, 

Amendment - Federal Budget Procedures [53 lines] 

S.J. Res. 163 by EXON (D-NE) -- Constitution of the United States, 

Amendment - Election of the President and Vice President 

[75 lines] 

S.J. Res. 355 by EXON (D-NE) -- Resolution Expressing Appreciation 

for Amtrak Services During its 20 Years of Existence 

[82 lines]

SYNOPSIS OF EXON-SPONSORED BILLS - IOIST CONGRESS 

S. 154 by EXON (D-NE) -- Private Relief 

Official Title (Caption): 

A bill for the relief of Luis A. Gonzalez and Virginia Anguilla Gonzalez. 

Introduced on Wednesday, January 25, 1989 

All Specified Actions: 

01/25/89 -- In The SENATE 

Introduced by EXON (D-NE) 

Referred to Senate Committee on the Judiciary 

Abstract 

(from Congressional Research Service, Library of Congress) 

Declares two named individuals to have been lawfully admitted to the United 

States for permanent residence under the Immigration and Nationality Act. 

The digest is not available from the Library of Congress

.. 

VI 

lolST CONGRESS 

1STSESSION 

s. 154 

ForthereliefofLuisA.Gonzalez andVirginiaAguillaGonzalez. 

IN T~ SENATE OF THE ~TED STATES 

JmmY 25(legislative day,JmmY 3),1989 

Mr.EXONintroduced thefollowing bill;whichwasreadtwiceandreferredtothe 

Committee ontheJudiciary 

A BILL 

For the relief of Luis A. Gonzalez and Virginia Aguilla 

Gonzalez. 

1 Be it enactedby the Senate and Howe of Bepresenta- 

2 tives of the UnitedStates of America in Congressresembled, 

3 That, in the aWstration of the Immigration and National- 

4 ity Act, Luis A. Gonzalez and Virginia Aguilla Gonzalez 

5 shall be held and considered to have been lawfully admitted 

6 to the United States for permanent residenceas of the date of 

7 the enactment of this Act upon payment of the required visa 

8 fee. Upon the granting of permanent residence to such alien 

9 as provided for in this Act, the Secretary of State shall in- 

10 struct the proper officer to reduce by the proper number, 

11 during the current fiscal year or the fiscal year next follow- 

~. ——.. — .. — -

i 

2 

/ 

1 

ing, the total number 

of immigrant visas and 

conditional en- 

i;. 

I 

2 

3 

tries which are made available to natives of the country of 

the alien’s birth under section 203(a) of the Immigration and 

101ST( 

1ST 

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Nation&ty Act, or if applicable, the total number of immig- 

Toa 

5 

rant 

visas and conditional entries which are made available 

6 

to natives of the country of the alien’s birth under section 

,, 

( 

7 

202(e) of such Act. 

o 

II 

Mr.ARM: 

was 

Bud{ 

‘ 198( 

I 

‘1 

To am~ 

1 

2 tive 

3 Th: 

4 191 

5 

6 

7 

8

SYNOPSIS OF BILLS CONTINUED 

-----No. 2 of 37------------------------ 

S. 280 by EXON (D-NE) -- Niobrara Scenic River Designation Act of 1990 


A bill to amend the Wild and Scenic Rivers Act by designating a segment of the 

Niobrara River in Nebraska as a component of the National Wild and Scenic Rivers 

System. 





Referred to Senate Committee on Energy and Natural Resources 




Remarks by EXON (D-NE) in “Congressional Record” (CR Page S-843) 

Full text of measure printed in “Congressional Record” (CR Page S-844) 

02/02/89 -- In The HOUSE 

Remarks by HOAGLAND (D-NE) in “Congressional Record” (CR Page H-152) 


Public hearing held by Public Lands, National Parks and Forests 

Hearings adjourned by Public Lands, National Parks and Forests 

10/04/89 -- [n The SENATE 

Ordered reported with an amendment in the nature of a substitute by Senate 

Committee on Energy and Natural Resources 


Report filed by Senate Committee on Energy and Natural Resources (S. 

Rept. 101-177) 

Placed on Senate Legislative Calendar (Order 332) 


Ordered printing of amendment(s) by JOHNSTON, BENNETT (D-LA) striking 

“With” and inserting in lieu thereof “Within” on page 11, 

line 2 (Amendment 1094, CR Page S-15379) 

Motion by MITCHELL, GEORGE (D-ME) to consider (or proceed with 

consideration)


No objection to request for unanimous consent by MITCHELL, GEORGE (D-ME) 

Considered (debated) in the Senate (CR Page S-15408) 

Consideration of committee amendment(s) in the nature of a substitute (CR 

Page S-15408) 

Amendment offered by JOHNSTON, BENNETT (D-LA) striking “With” and inserting 

in lieu thereof “Within” on page 11, line 2 (Amendment 1094, 

CR Page S-15409) 

Agreed to amendment by JOHNSTON, BENNETT (D-LA) (by Voice Vote) No. 

1094 

Agreed to committee amendment(s) (by Voice Vote) in the nature of a 

substitute, as amended 

Read the third time (by Voice Vote) 

Passed (agreed to), as amended (by Voice Vote) 



Received in the House, after passage in the Senate 

Referred to House Committee on Interior and Insular Affairs 


Public field hearing held by National Parks and Public Lands Subcommittee 


Public hearing held by National Parks and Public Lands Subcommittee 


Cleared for full committee, as amended, by National Parks and Public Lands 

Subcommittee 

Parts of a different measure incorporated into this measure (H.R. 761, 

H.R. 1673, H.R. 3823) 


Ordered reported, as amended, by House Committee on Interior and Insular 

Affairs 


Report filed by House Committee on Interior and Insular Affairs (H.Rept. 

101-526, Pt.1) 

Sequential referral to House Committee on Merchant Marine and Fisheries for 

a period ending not later than June 7, 1990. 

Placed on House Union Calendar (Union 327) 


Public hearing held by House Committee on Rules


Granted an open rule by House Committee on Rules House Committee on Rules 

(H.Res. 410) 


Resolution passed related to this measure (H.Res, 410) 


Extensions to Remarks by BEREUTER (R-NE) in “Congressional Record” (CR Page 

E-2023) 


Extensions to Remarks by BEREUTER (R-NE) in “Congressional Record” (CR Page 

E-2027) 


Under the rule, the House resolved into the Committee of the Whole 

Considered (debated) in the House (CR Page H-4147) 

Amendment offered by SMITH, VIRGINIA (R-NE) in the nature of a substitute 

seeking to delete the “instant” designation provision and providing 

for a comprehensive study, conducted by the National Park Service, 

of the Niobrara and Missouri Rivers before the scenic designation 

could be granted (CR Page H-4157) 

Agreed to amendment by SMITH, VIRGINIA (R-NE) (by Voice Vote) in the 

nature of a substitute 

Recorded vote requested by SMITH, VIRGINIA (R-NE) on her amendment in the 

nature of a substitute 

Rejected amendment by SMITH, VIRGINIA (R-NE)(Vote No. 2197: 115-302) in 

the nature of a substitute 

Amendment offered by YOUNG, DON (R-AK) requiring owner consent before the 

Department of the Interior could acquire land, scenic easements or 

other land interests within the river corridor (CR Page H-4166) 

Recorded vote requested by YOUNG, DON (R-AK) on his amendment 

Rejected amendment by YOUNG, DON (R-AK)(Vote No. 2198: 93-323) 


Page H-4168) 


substitute 

Under the rule, Committee of the Whole rose 

Reported favorably, with an amendment in the nature of a substitute, 

by Committee of the Whole 

Consideration of amendment(s) from Committee of the Whole 

Agreed to amendment(s) from Committee of the Whole (by Voice Vote) 


Recorded vote requested by VENTO (D-MN) on final passage


Passed (agreed to), as amended(Vote No. 2199: 358-59) 

Full text of measure printed in “Congressional Record” (CR Page H-4156) 


Returned to the Senate from the House, with House amendment(s) 

10/27/90 -- [n The HOUSE 



Motion by VENTO (D-MN) to suspend the rules and agree to the Senate 

amendments to the House amendment 

Teller vote demanded by SMITH, VIRGINIA (R-NE) on ordering a second 

Agreed to motion by VENTO (D-MN) (by Teller Vote: 106-80) 

Recorded vote requested by LAGOMARSINO (R-CA) on Vento’s motion 

Failed of necessa~ 2/3 majority(Vote No. 2536: 157-95) 


Ordered printing of amendment(s) by EXON (D-NE) providing for the 

designation of certain segments of the Niobrara River (Amendment 3208 

to House amendment, CR Page S-17919) 


Motion by REID (D-NV) to agree to House amendment with an amendment offered 

by Senator Exon, providing for the designation of certain segments of 

the Niobrara River (Amendment 3208 to House amendment, CR Page 

S-17643) 

Agreed to motion by REID (D-NV) (by Voice Vote) Amendment No. 3208 is 

agreed to 

Abstract 


Amends the Wild and Scenic Rivers Act to designate specified river segments 

of the Niobrara River, Nebraska, and the Missouri River, Nebraska and South Dakota, 

as components of and potential additions to the National Wild and Scenic Rivers 

System. 

Establishes the Niobrara Scenic River Advisory Commission. 

Authorizes the Secretary of the Interior to establish a similar advisory 

commission on the operation and management of the designated segment of the ‘ 

Missouri River.


Digest 


10/27/90 (Senate agreed to House amendments with an amendment) 

Niobrara Scenic River Designation Act of 1990- Amends the Wild and Scenic 

Rivers Act to designate certain segments of the Niobrara River, Nebraska, and the 

Missouri River, Nebraska and South Dakota, as components of the National Wild and 

Scenic Rivers System. 

Designates a certain segment of the Niobrara River, Nebraska, for study as a 

potential addition to the National Wild and Scenic Rivers System. Provides that such 

segment shall be designated as a component of the system if funds are not 

authorized and appropriated, within five years after enactment of this Act, for the 

construction of a water resources project on it. 

Sets forth specified limitations on acquisition of land by the 

Secretary of the interior within the segment, unless State or local government are 

not adequately protecting the segment’s wild and scenic values. 

Establishes the Niobrara Scenic River Advisory Commission to advise the 

Secretary on the development of a management plan for, and management and 

operation matters of, the designated segment of the Niobrara River. Terminates such 

Commission ten years after enactment of this Act. 

Authorizes the Secretary to establish a recreational river advisory group to 

advise on matters relating to the operation and management of the designated 

segment of the Missouri River. 

Requires the Secretary to permit, subject to certain conditions, the use of 

erosion control techniques for streambank stabilization within the segment. 

Directs the Secretary, acting through the Director of the National Park Service, 

to conduct a feasibility study about the potential designation of certain lands adjacent 

to the Niobrara and Missouri Rivers and the Lewis and Clark Reservoir as a national 

recreation area. Requires the results of such study to be transmitted to certain 

specified congressional committees. 

Requires the Secretary to study the feasibility of establishing the 

Niobrara-Buffalo Prairie National Park, Nebraska. Requires the results of such study 

to be submitted to the same congressional committees. 

Authorizes appropriations.

II 

1~1,, CONGRESS 

lsTsEsslON S*280 

‘TOamendthe Wild.andScenicRiversActby designatinga Sepent of the 

~iobraraRivermNebraskasa component oftheNationalWildandScenic 

Ri\’ersSystem. 

m Ta SENATE OF THFJ ~TED STATES 

JANUARY 31(legislative day,JANUARY 3),1989 

\!r.EXON(forhimselfandMr.fiRREY)titroducedthefollowing bill;whichwas 

r[~adtwiceandreferredtotheCommittee onEnergyandNaturalResources 

To 

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A BILL 

amend the Wild and Scenic Rivers Act by designating a 

segment of the Niobrara River in Nebraska as a component 

of the National Wild and Scenic Rivers System. 

Be it enactedby the Senate and House of Representativesof 

the United~tates of Americain Congressassembled, 

SECTION1.SHOR TITLE. 

This Act may be cited as the “Niobrara River Scenic 

River Designation Act of 1989”. 

SEC.2.DESIGNATIONOFRIVER. 

Subsection (a) of section 3 of the Wild and Scenic 

Rivers Act (89 stat. III; 

addingat the end thereof the following: 

16 U.S.O. 1274(a))is amended by

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“( ) NIOBRARA,NEBRASKA.—(A) The Segment frO~

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; from 

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lishedfarming and ranchg 

lifestylesof the rural people who 

!lY76 

~ 

dependupon the land in this unique area. 

Lra On 

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“(D) Notwithstanding any other provision of this Act, a 

1 enti- 

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diversion dam and pumping station may be constructed on 

Valley 

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the Niobrara River to provide water for an8,000 

acre tract 

Ldmin- 

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near SpringViewconsistent with the report of the State of 

I with 

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Nebraska authorized by Public Law 98-63, entitled Nebras- 

led by 

]n Act 

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ka State-1ed0’Neill Unit Alternatives Study and dated Janu- 

*- 

ary 31, 1985. 

River 

. 

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“~)(i) NOtwithstan~g 

any provision to the contrary 

contained in section 6(a) of this Act, no land or interest in 

I, and 

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land may be acquired for purposes of the river designated 

e date 

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under this paragraph without the consent of the owner, 

~such 

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except that a conservation easement in no more than 5 per- 

1with 

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cent of the privately owned acreage within the designated 

ties of 

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river corridor and within 880 yards of the river (other than 

yards 

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establishedfarmsteads which are presently occupied)may be 

tional 

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acquired without the consent of the landowner if activities 

I land 

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are occurring or threatening to occur in the area to be ac- 

anded 

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quired which pose a substantial threat to the integrity of the 

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river and the values for which it was designated. Subsurface 

n l(b) 

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rights, 

including natural gas and 

petroleum resources, may 

River 

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not be 

acquired by the Secretary 

without the consent of the 

nage- 

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Ownerthereof. Provision shall be made to allow the surface 

~stab-

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activities necessary for the economical exploration for and 1 

the developmentof natural gas and petroleum resources. 2 

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“(ii) In 

values of the 

recognition of the special river recreational 3 

upper portion, public access easements may be 4 

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acquired at the following locations: Berry Bridge, Allen 

Bridge, Brewer Bridge, Rockford Bridge, Norden Bridge, 

and MeadvilleBridge. However, any public access easement 

that would be within one-quarter mile of an occupied residence 

ud on the same unit of property must be acquired on a 

willing-seller basis only. In the lower portion, public access 

easements may be acquired only on a willing-seller basis at 

the following locations: Highway 183 Bridge, Riverviem’ 

Bridge, Cams Bridge, and Highway 137 Bridge. Such locations 

shall not be used for purposes of public camping and 

shall not exceed 5 acres per locations. Nothing in this clause 

shall preclude the acquisition of other lands for public recreation~ 

use with the consent of the owner thereof. Easements 

for scenic overlooksadjacent to existing public roads may be 

acquired with the consent of the landowners thereof within 

the river valley. No interests in land in the segment from the 

Borm~ Bridge to the Cornell Dam maybe acquired without 

the consent of the owner thereof. 

“(iii) A donation of land or interests in land witfi and 

beyond the specifiedboundaries of the designated river corri-

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dor may be accepted by the Secretary if such donation contributes 

to the purposes of this paragraph. 

“@(i) The Secretary shall permit existing land use 

practices as conductedby present owners or operators within 

the designated river corridor on the date of enactment of this 

paragraph, including established agricultural and livestock 

operations, timber management practices, and private campgrounds. 

Structures in place or under construction at the time 

of designationshall be consideredcompatiblewith such designation, 

and repair or replacement of said residential, farmstead, 

agricultural (including private irrigation and fencing 

systems),fish hatchery and recreational facilities, bridges and 

other structures shall not be foreclosed. Normal activities 

tithin established farmsteads and regarding established residencesshall 

not be subjectto restriction. 

“(ii) Nothing in this subparagraph shall authorize the 

Secretary to control hunting, fishing, or camping on or public 

access to private property within the designated scenic river 

boundaries unless these rights are purchased from the landowner. 

Individuals owningmore than 40 acres of land within 

the desi~ated river corridor on the date of the enactment of 

this paragraph shall be permiited to relocate their primary 

residence, build an additional residence or farmstead (for 

family farm and ranch purposes), or build one residence or 

~bin (if none now exists) on their property within 880 yards 

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●S280IS

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of the river. Any additional new nonagricultural st~ctmes 

beyond established farmsteads maybe subject to screeningor 

setback requirements established to preserve the scenic 

values of the river corridor. Continued operation and maint~. 

nance of the Cornell Dam powerworks shall be permitted, 

although public safety markers and portage facilities may be 

provided. 

“(G) The Secretary may enter into cooperative agreements 

with local units of government for maintenance of existing 

access and other roads within the designated river corridor, 

law enforcement, control of trespass, litter control, interpretive 

programs, and other associatedvisitor services. 

“~ The Secretary may share in the expense of instituting 

conservation and streambank erosion control practices 

on private land which will contribute to and enhance scenic 

or natural values or contribute to the protection of agr.iculturd 

land, established bridges, and resowces of historical or archaeologicalsignificancewithin 

the river corridor. 

“(I) For purposes of carrying out the provision of this 

paragraph with respect 

to the river designated by this paragraph, 

there are authorized to be appropriated $3,500,000 

for acquisitionof interests in lands and $1,()()(),0()()for development.”. 

i 

●S280IS .A

— 

t 

ICtUreS 

lingor 

scenic 

lainte. 

nitted, 

lay be 

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1 SEC.3. ESTABLISHMENT OF NIOBRARASCENICRIVERADVI- 

2 SORYCOUNCIL. 

3 (a) ESTABLISHMENT. —In order to carry out the provi- 

4 sions of this Act, the Secretary shall establish a Niobrara 

5 Scenic River Advisory Council to consist of eleven members 

6 appointedby the Secretary— 

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(1) three of whom shall be owners of farm or 

Bgree- 

ofex- 

}rcor- 

.01,in- 

:s. 

insti- 

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ranch property within the upper portion of the designated 

river corridor between the Berman Bridge and 

the MeadvilleBridge; 

(2) three of whom shall be owners of farm or 

ranch property within the lower portion of the designated 

river corridor between the Meadville Bridge and 

,ctices 

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the bridge on Highway 137; 

3cenic 

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(3) one of whom shall be a canoe outfitter 

in 

the 

dtur- 

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upper portion of the designated river; 

or ar- 

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(4) one of whom shall be a representative 

of 

the 

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State of Nebraska; 

f this 

),000 

para- 

level- 

, 

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(5) two of whom shall be representatives of the 

affected county governments or natural resources d.is- 

tricts; and 

(6) one of whom shall be a representative of a pri- 

vate citizens conservation organization whose purposes 

include the philosophyof river conservation.

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1 

At least five of the six landowners appointed to the Council 

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under clauses (1) and (2) shall be residents of Brown, oherrj~, 

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Keya Paha, or Rock Counties. 

101 

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(b) TERMSOF MEMBERS.—The terms of appointment 

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to the Council shall be five years 

and no individual shall 

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serve more than two terms. 

To 

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(c) ROLE OF CouNcm.-The 

Advisory Council shall 

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participate in and have a significant role in the development 

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and review of the management plan 

for the river designated 

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in this Act, and in the formulation and review of subsequent 

. -,,. 

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agency plans including annual operation and maintenance 

plans. 

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(d) CHAIRPERSON; VACANCIES;REASONABLEEx- 

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PENsES.—TheSecretary 

shall designate one of the members 

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of the Advisory Council, 

who is a permanent resident of 

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Brom, 

Cherry, Keya Paha, or Rock Counties, to serve as 

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Chairperson. Vacancies on the Advisory Council shall bo 

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Ned in the same manner in which the original appointment 

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was made. Members of the Advisory Council shall ser~rc 

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without compensation as such, but the Secretary is author- 

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ized to pay expenses reasonably incurred by the Advisor! 

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COunCfin carrying out its responsibilitiesunder this Act 011 

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vouchers signed by the Chairperson. 

o


Requires the Secretaty to permit, subject to certain conditions, the use of 

erosion control techniques for streambank stabilization within the segment. 

Directs the Secretaty, acting through the Director of the National Park Service, 

to conduct a feasibility study about the potential designation of certain lands adjacent 

to the Niobrara and Missouri Rivers and the Lewis and Clark Reservoir as a national 

recreation area. Requires the results of such study to be transmitted to certain 

specified congressional committees. 

Requires the Secretary to study the feasibility of establishing the 

Niobrara-Buffalo Prairie National Park, Nebraska. Requires the results of such study 

to be submitted to the same congressional committees. 

Authorizes appropriations. 

-----No. 3 of 37------------------------ 

S. 281 by EXON (D-NE) -- Construction of the O’Neill Unit, Pick-Sloan Missouri 

Basin Program, Nebraska, Provision 


A bill to authorize the Secretary of the Interior to modify the construction, 

operation, and maintenance of the O’Neill unit, Pick-Sloan Missouri Basin Program, 

Nebraska. 

Introduced on Tuesday, January 31, 1989 







Abstract 


Amends the Reclamation Project Authorization Act of 1972 to increase the 

acreage to be irrigated by the O’Neill unit of the Pick-Sloan Missouri Basin program. 

Digest 




Describes the principal features of such unit, which include: (1) an infiltration system 

for extracting water from the Niobrara River; (2) a pipeline conveyance and 

distribution system; (3) a pump station; and (4) injection wells.


-----No. 3 of 37------------------------ 

S. 281 by EXON (D-NE) -- Construction of the O’Neill Unit, Pick-Sloan Missouri 

Basin Program, Nebraska, Provision 


A bill to authorize the Secretary of the Interior to modify the construction, 

operation, and maintenance of the O’Neill unit, Pick-Sloan Missouri Basin Program, 

Nebraska. 

Introduced on Tuesday, January 31, 1989 







Abstract 




Digest 



acreage to be irrigated by the O’NeiIl unit of the Pick-Sloan Missouri Basin program. 

Describes the principal features of such unit, which include: (1) an infiltration system 

for extracting water from the Niobrara River; (2) a pipeline conveyance and 

distribution system; (3) a pump station; and (4) injection wells.

II 

IOISTCONGRESS 

ISTSESSIONS.281 

TOauthorizetheSecretq oftheInteriorto modifytheconstruction, operation, 

andmaintenance of the O’Neflunit,Hck-SloanWssouriBasinProgram, 

Nebraska. 

z 

IN THE SENATE OF THE mED STATES 

JANUARY 31(legislative day,JANUARY 3),1989 

hlr.EXON(forhself and~. fiRREY)introduced thefollowingbill;whichwas 

readtwiceandreferredtotheCommittee onEnergyandNaturalResources 

To 

1 

2 

3 

4 

5 

6 

7 

8 

A BILL 

authorize the Secretary of the Interior to modify the construction, 

operation, and maintenance of the O’Neill unit, 

Pick-Sloan MissouriBasin Program, Nebraska. 

Be it enactedby the Henateand House of Representativesof 

the UnitedStatesof Americain Congresswsembled, 

That the Secretary of the kterior is authorized to modifythe 

0’Neill unit, Pick-Sloan Missouri Basin Program, Nebraska 

in accordancewith the amendmentsmade by this Act. 

SEC.2. Section 401 of the Reclamation Project Authorization 

Act of 1972 (Public Law 92–514) is amended to read 

as follOws:

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

2 

“SEC. 401. (a) The O’Neill unit, previously authorized 

as an integral part of the Pick-Sloan MissouriBasin Program 

., ,,, 

by the Act of August 21, 19b4 (68 Stat. 757), is reauthorized 

as a unit of that project for the purposes of providing irrigation 

water for more than ninety thousand acres of land, flood 

control, fish and wildlife conservation and development, 

public outdoor recreation, 

and for other purposes. The 

construction, operation, and maintenance of the O’Neillunit 

shall be subject to the Federal reclamation laws (Act of June 

17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary 

thereto). The principle features of the unit shall 

include an infiltration gallery system or similar system for 

extracting water from the’Niobrara River alluvium, pipeline 

conveyance and distribution system, pump station, injection 

wells, or other system for accomplishing ground water recharge, 

Pick-Sloan Missouri River Basin power, and other 

necessary works needed to effect the aforesaid purposes, and 

shall be generally consistent with the report of the State of 

Nebraska authorized by Public Law 98-63, entitled 

‘Nebraska State-led O’Neill Unit Alternatives Study’ and 

dated January 31, 1985.”. 

o 

S281IS


-----No. 4 of 37------------------------ 

S. 353 by EXON (D-NE) -- Internal Revenue Code of 1986, Amendment 


A bill to amend the Internal Revenue Code of 1986 to allow the use of U.S. 

savings bonds for any individual’s higher education expenses to qualify for an income 

exclusion. 

Introduced on Tuesday, February 7, 1989 




Referred to Senate Committee on Finance 




Public hearing held by Senate Committee on Finance 

Hearings recessed by Senate Committee on Finance subject to the call of 

the Chair 

Abstract 


Amends the Internal Revenue Code to broaden the scope of the tax exclusion 

of income from U.S. savings bonds used to pay educational expenses. 

Digest 


Amends the Internal Revenue Code to exclude from gross income any income 

from U.S. savings bonds used to pay tuition and fees of any individual at an 

institution of higher learning or vocational school. (Current law limits the exclusion to 

educational expenses of the taxpayer, spouse, or dependent.)

11 

~umentation 

101STCONGRESS 

1sTsEsslON S.353 

r,, ;Imc’nd theInternalRevenueCodeof1986to allowtheuseofUnitedStates 

s~l~.ings bondsforanyindividual’s highereducationexpenses toqualifyforan 

i]lcome exclusion. 

rN THE SENATE OF THE ~TED STATES 

FEBRUARY 7 Legislative day,JANUARY 3),1989 

\lr, 1iXON(forhimself,Mr.SHELBY, Mr.DECONCINI, Mr.mRKIN,andW. 

1.IEBERMAN) introducedthe followingbill; whichwas read twiceand 

referredtotheCommittee onFinance 

‘P() amend the Internal Revenue Code of 1986 to allow the use 

1 

b) . 

3 

4 

5 

A BILL 

of United States savings bonds for any individual’s higher 

educationexpenses to qualifyfor an income exclusion. 



SECTION1.INCOM EXCLUSIONFOREDUCATIONAL SAVINGS 

BONDSEXPANDED. 

(a) ~ GENERAḶ—Subparagraph (A) of section 

6 

7 

8 

135(c)(2)of the Internal Revenue Code of 1986 (defining 

qualifiedhigher education expenses) is amended to read as 

follows: 

.

I 

:,,- 

.—.. .. 

I 

2 

1 

“(A) h GENERAL.-The 

2 

term 

‘qUa]ifi~d 

higher education expenses’ means tuition and fees 

3 required for enrollment or attendance of any indi. 

, 

,, 

4 vidual at an eligible educational institution.”. 

5 @)EFFECTIVEDATE.—The amendment made by this 

6 section shall take effect as if included in the amendments 

7 made by section 6009 of the Technical and ~scellaneou~ 

8 Revenue Act of 1988. 

0 

101s 

1 

Topr 

.. 

; 

1 

W.E 

b! 

., 

To P 

1 

2! 

3: 

4 

5 

6 

7 

1 

1 

f 

1 

●S353IS


-----No. 5 of 37------------------------ 

S. 354 by EXON (D-NE) -- Items in Appropriation Bills Passed by Both Houses of 

Congress Enrolled as Separate Joint Resolutions, Provision 


A bill to provide that during a 2-year period each item of any bill making continuing 

appropriations that is agreed to by both Houses of the Congress in the same form 

shall be enrolled as a separate joint resolution for presentation to the President. 





Referred to Senate Committee on Rules and Administration 




Public hearing held by Senate Committee on the Budget --AND-- 

Public hearing held by Senate Committee on Governmental Affairs 

Hearings recessed by Senate Committee on the Budget subject to the call 

of the Chair 

Abstract 


Effects presidential line item veto authority by requiring that each item of any 

continuing appropriations bill that is agreed to in the same form by both the Senate 

and the House of Representatives be enrolled as a separate bill for presentation to 

the President. 

Digest 


Effects presidential line item veto authority by requiring that each item of any 

continuing appropriations bill that is agreed to in the same form by both the Senate 

and the House of Representatives be enrolled as a separate bill for presentation to 

the President.

1 

IOISTCONGRESS 

IST’”’”””S.354 

TOprol+de t~a~duringa,two-yearperiodeachitemofanybillmakingcont~~g 

approp~atlons that1SagreedtobybothHousesoftheCongress inthesame 

formshallbeenrolledas a separatejointresolutionforpresentation to the 

president. 

! 

1 

IN THE SENATE OF THE 

UNITED 

STATES 

FEBRUARY 7 (legislative day,JANUARY 3),1989 

j!r.EXON(forhimself,Mr.BOREN, andMr.SHELBY) introduced thefollowing 

bill;whichwasreadtwiceandreferredto the Committeeon Rulesand 

Administration 

A BILL 

To provide that during a two-year period each item of any bill 

making continuing appropriations that is agreed to by both 

Houses of the C?ongressin the same form shall be enrolled 

as a separate joint resolution for presentation to the 

President. 

1 Be it enactedby the ~enate and House of Representa- 

2 tives of the united Statesof America in Congressassembled, 

3 SECTION1. ENROLLMENTOF CERTAINJOINTRESOLUTIONS. 

4 (a)IN GENERAL.— 

5 (I) ~otwit~~tarlding any other provision of law, 

6 when any bill making continuing appropriations is 

7 agreed to by both Houses of the Congress in the same 

...,,. - 

.- ... 

.....~--’

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

,& 

2 ‘L 

.$ 

form, the Secretary of the Senate (in the case of a jo~” 

resolution originating in the Senate) or the Clerk of& :. 

House of Representatives (in the case of a jo~t resolu. 

tion originating in the House of Representatives) sh~ 

cause the enrolling clerk of such House to enroll ew~ 

item of such joint resolutionas a separate bill. 

(2) A bill that is required to be enrolled pursu~~ 

to paragraph (l)— ‘ 

vision, 

(A) shall be enrolled without substantive re. 

(B) shall conformin style and form to thb ap-” 

plicable provisions of chapter 2 of title 1, United 

..ti 

1; 

İ 

10 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

States Code (as such provisions are in effect 011 

the date of the enactment of this section), and ,. ~1 

(C) shall bear the designation of the measure 

of which it was an 

together with such 

item prior to such enrollment, 

other designation as may be 

necessary to distinguish such bti from other joint 

resolutions enrolled pursuant to paragraph 

?. 

(1) 

. 

with respect to the same measure. 

(b) PROCEDUEES.—A bill enrolled pursuant to p~~- 

~aph (1) of subsection (a) with respect to an item sh~ ~o 

deemed to be a bill under clauses 2 ~d 

3 of section 7 if 

Article 1 of the Constitution of the United States and shd ~a 

signed by the presiding officers of both Houses of the Con- 

. 

.“. 

-~ 

.-, 

s :154[s 

—— -- —— ---.— .- 

—..

A .>. 

a jo~~t 

Lofthe 

resOIU. 

s) Sha~ 

11each 

b suant 

tive re. 

the ap- 

United 

feet on 

md 

neastie 

~llment, 

may be 

Wrjoint 

~ph (1) 

?, 

3 

1 gess and presented tu tile President for approval or ~sap. 

.) . Proval(andothefise treated for all purposes) in the manner 

~ providedfor bills andjoint resolutions generally. 

(e)DEFINITIOṆ—For purposes of this section, the term 

~’item”means any numbered section and any unnumbered 

paragraph of any bill making continuing appropriations. 

(d) APPLIC~TION.—The provisions of this section shall 

apply tObfil agreed to by the Congress during the two-calendar-year 

period beginning with the date of the enactment of 

this section. 

o 

... . 

:0 parash~ 

be 

kn 7 Of 

shallbe 

he CoIl- 

.-~ 

s 3,54IS


-----No. 6 of 37------------------------ 

S. 462 by EXON (D-NE) -- Rail Passenger Service Act, Amendment 


A bill to amend the Rail Passenger Service Act to authorize appropriations for the 

National Railroad Passenger Corporation, and for other purposes. 





Referred to Senate Committee on Commerce, Science, and Transportation 



Remarks by LAUTENBERG (D-NJ) in “Congressional Record” (CR Page S-1817) 

Remarks by SIMON (D-IL) in “Congressional Record” (CR Page S-1818) 


Public hearing held by Surface Transportation Subcommittee 

Hearings adjourned by Surface Transportation Subcommittee 


Ordered reported, as amended, by Senate Committee on Commerce, Science, 

and Transportation 


Report filed by Senate Committee on Commerce, Science, and Transportation 

(S.Rept. 101-44) 



Ordered printing of amendment(s) by KASTEN (R-WI) regarding liability for 

injuries (Amendment 656, CR Page S-9805) 

Remarks by KASTEN (R-WI) in “Congressional Record” (CR Page S-9813) 


Ordered printing of amendment(s) by EXON (D-NE) regarding collection and 

reimbursement of payment of a tax under a statute of a State 

(Amendment 1157, CR Page S-16059) 


Ordered printing of amendment(s) by ROBB (D-VA) limiting the liability of

II 

1(JISTCONGRESS 

1STSESSION 

S.462 

Tt~amendthe~ailPassengerServiceActtoauthorizeappropriations forthe 

NationalRailroadPassengerCorporation, andforotherpurposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 28flegislative dayJANUARY 3),1989 

!Ir, EXON(forhimself,Mr.LAUTENBEBG, Mr.SIMON,Mr.ADAMS, Mr.KERRY, 

hlr. DODD,Ms. MIKULSKI, Mr. KASTEN,Mr, ROCKEFELLER, Mr. JEF- 

~O~DS,Mr.CONRAD, Mr.BRADLEY, Mr.BIDEN,Mr.PELL,andMr.SAR- 

B~NES) introducedthe followingbill;whichwasreadtwiceandreferredto 

theCommitteeonCommerce, Science,andTransportation 

TO 

A BILL 

amend the Rail Passenger Service Act to authorize appropriations 

for the National Railroad Passenger Corporation, 

and for other purposes. 

1 

g 

3 

4 

5 

6 

7 

8 


the UnitedStates of America in Congressassembled, 

That section 601(b)(2)of the Rail Passenger Service Act (45 

U.S.C. 601@)(2))is amended— 

(1) by striking “and” at the end of subparagraph 

(D); 

(2) by striking the period at the end of subparagraph 

(E) and inserting in lieu thereof a semicolon;and 

—.A

Bi 

th 

Yq; 

2 

1 

(3) by adding at the end thereof the following: 

2 

3 

year 

“(F) not to exceed $630,000,000 for the Fisca] 

ending September 30, 1989; 

Iols’r 

1s 

4 

“(G) not to exceed $656,000,000 for the fisea] 

5 

6 

year 


“(H) not to exceed $684,000,000 for the fiscal 

Toa 

7 

year 

ending September 30, 1991; and 

8 

“(I) not to exceed $712,000,000 

for the fisca] 

.. 

9 

year 

ending September 30, 1992.”. 

o 

W,EX 

MF( 

TOa: 

1 

2t 

r’ 

a 

I 

3: 

41 

+,-*. &


-----No. 7 of 37------------------------ 

S. 470 by EXON (D-NE) -- Rural Bus Services Act 


A bill to provide better bus transportation services for residents of rural areas, and 

for other purposes. 





Referred to Senate Committee on Banking, Housing, and Urban Affairs 



Abstract 


Amends the Urban Mass Transportation Act of 1964 to authorize grants for 

rural bus transportation services. 

Digest 


Rural Bus Services Act - Amends the Urban Mass Transportation Act of 1964 to 

authorize the Secretary of Transportation to make grants for: (1) intercity bus service; 

and (2) the establishment and maintenance of rural feeder services for residents of 

rural and urban areas designated by the Bureau of the Census with populations of 

5,000 or more which are not within an urbanized area. 

Modifies the funding formula for rural programs. 

Directs the Secretary to: (1) establish pilot projects to provide incentives for rural 

feeder services to combine express pickup and small package delivery with 

passenger transportation; and (2) make grants for such projects. Sets a termination 

date for such grants. Requires the Secretary to report to the Congress the results of 

a study evaluating the extent to which small package pickup and delivery is 

dependent upon Federal preemption of State regulation.

II 

101ST 

CONGRESS 

1sTsEsslON S.470 

T,,~)rovide betterbustransportation servicesforresidentsofruralareas,andfor 

otherpurposes. 

I 

} 

I 

IN THE 

SENATE OF THE UNITED STATES 

FEBRUARY 28(legislative day,JANUARY 3),1989 

\fr. };XON introducedthefollowingbill;whichwasreadtwiceandreferredto the 

Committee onBanking,Housing, andUrbanAffairs 

A BILL 

To provide better bus transportation services for residents of 

rural areas, and for other purposes. 

1 Be it enactedby the ‘Senateand House of Representa- 

2 tivesof the LTnitodStates of America in Congressassembled, 

:] That this Act may be cited as the “Rural Bus Services Act”. 

4 

INTERCITYBUSSERVICE 

5 SEC. 2. The Urban Mass Transportation Act of 1964 

6 (49 App. U.S.C. 1601 et seq.) is amended by adding at the 

? end the followingnew section: 

8 

“INTERCITYBUSSERVICE 

9 “SEc. 26. (a) The Secretary is authorized to make 

10 grants for the initiation, 

1] intercity bus service, and 

improvement, or continuation of 

for the establishment and mainte- 

:1 

i. 

—

.—-—. 

...,,.. 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

2 

nance of rural feeder services, for residents of rural areas and 

residents of urban places designated by the Bureau of the 

Census as having populations of five thousand or more rvhich 

are not within an urbanized area. 

“(b) Grants for the initiation, improvement, or continuation 

of intercity bus service under subsection(a) of this seetion 

shall be made only to States and local public bodiesand 

agencies thereof, only for payment of operating expenses incurred 

in furnishing such intercity bus service, and shall not 

exceed 30 per centum of the net cost of such an operating 

expenses project. The remainder of such cost shall be provided 

in cash from sources other than Federal funds. Such 

grants shall be subject to such other terms, conditions, and 

requirements as the Secretary may considernecessary to pr[lmote 

the initiation, improvement, or continuation of privatel~. 

owned and operated intercity bus service. To the maximul~~ 

extent feasible, assistance shall be distributed by the Secretary 

only for privately owned intercity bus companiesto SU~}- 

sidize deficit operations considering the profitability of tll~t 

route as a whole. The determination of profitability shall i~lclude 

all income generated by the route and only direct cost$ 

of the operation of the route. In making any such grant ~~’i[ll 

respect to service in a particular general area, the Secret:~r}” 

shall give preference to applications involving a private bus 

operator which lawfully has provided intercity bus serl-i(’~’ 

1 withir 

2 date I 

3 tions 

4 tor. 

5’ 

6 rural 

7 be m 

8 order 

9 lishm 

10 

11 ( 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

s 470 1s

3 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

within that area during the one-year period preceding the 

date of application for such a grant, as compared to applications 

involvingproposalsfor such service by any other operator. 

“(c) Grants for the establishment and maintenance of 

rural feeder services under subsection (a) of this section shall 

be made only to States and local public bodies thereof in 

order to provide financial and other incentives for such establishment 

and maintenance. Such incentives may include— 

“(1) supplemental operating assistance to permit 

daily service; 

“(2) extension of authorized operating hours to facilitate 

connections with bus and railroad services that 

operate in nationwide interstate commerce; 

“(3) subsidizationof fares; and 

“(4) establishment of a special fund to pa~’for the 

marketing of rural connections and rural feeder services. 

“(d) As used in this section, the term— 

“(1) ‘intercity bus service’ means transportation 

provided to the public by a private bus operator authorized 

to transport passengers in interstate commerce 

by the Interstate Commerce Commission or in intrastate 

commerce by a State regulatory commission or 

comparable State agency (A) between one urban place

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

4 

as de~iwated in accordance with subsection (a) and ~- 

other such urban place, (B) between such an urbm 

place and an urbanized area, or (C) between one ~. 

banized area and another urbanized area, through ~~ 

areas or such urban places, or both, except that the 

term does not include local service; and 

“(2) ‘rural feeder services’ means transportation 

provided to the public which is designed to facilitate 

connections between a rural area and bus and railroad 

services that operate in nationwide interstate corn. 

merce.”. 

FUNDINGFORRURALPROGRAMS 

SEC. 3. (a) Section 21 of the Urban Mass Transportation 

Act of 1964 (49 App. U.S.C. 1617) is amended— 

(1) in subsection (a)(l), by striking “sections 9 and 

18” and inserting in lieu thereof “sections 9, 18, and 

26”; and 

(2) by amending subsection (e) to read as follows: 

“(e) For each of fiscal years 1987 through 1989, 2.93 

per centum of the aggregate funds made available for sections 

9, 18, and 26 and section 9B ~der subsections (a)(1) 

and (b) of this section shall be available t. Careyout sections 

18 and 26. For each of fiscal years 1990 through 1992, Y per 

i 

I 

I 

~--- .... 

I 

24 

25 

26 

centum of such aggregate funds shall be avaflable to ca~ 

out sections 18 and 26, of which 1 per centurn of such aggregate 

funds shall be available to carry out section 26. NI 

S 47o IS 

—.—. 

-WA,..

,. 

nd an. 

urban 

ne U. 

h ~a] 

lat the 

]rtation 

cilitate 

‘ailroad 

; com- 

~sporta- 

~ s 9 and 

18, and 

follows: 

,9, 2.93 

for sec- 

~s(a)(l) 

sections 

2, 7 per 

:0 carry 

I aggre- 

26. M1 

1 

●) 

,> 

6) 

4 

5 

(; 

i 

8 

$) 

1() 

11 

12 

5 

1:3 Urban Mass Transportation Act of 1964) to combine express 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

amounts made available for sections 18 and 26 shall be from 

fundsappropriated under subsection(a).”. 

~) Section 9(a)(2) of the “Urban Mass 

Act of 1964 (49 App. U.S.C. 1607a(a)(2)) is amended by 

inserting immediatelybefore the period at the 

Transportation 

end the following: 

“, except that for each of fiscal years 1990 through 

1992, not to exceed 84.36 per centum shall be available for 

such expenditure”. 

EXPRESSPICKUPANDDELIVERYOFSMALLPACKAGES 

SEC. 4. (a)(1)The Secretary of Transportation shall establish 

pilot projects for the purpose of providing incentives 

for rural feeder services (as defined under section 26 of the 

pickup and delivery of small packages with passenger transportation. 

(2) The Secretary shall, not later than nine months after 

the date of enactment of this Act, make grants for the 

projects referred to in paragraph (1), which shall not exceed 

eighteen months in duration. The grants shall be made only 

to States and local public bodies and agencies thereof and 

shall not exceed 20 per centum of the net cost of providing 

such pickup and delivery. The remainder of such cost shall be 

providedfrom sources other than Federal funds. 

(3) In making grants under this section, the Secretary 

shall, in consultation with the Interstate Commerce Commission, 

give preference to applicants which— 

S 470IS 

... . 

t 

, 

I 

i 

A

1 

2 

3 

4 

5 

6 

7 

8 

6 

(A) demonstrate a serious community need for 

such pick~~pand delivery, in light of such circumstances 

as availability and proximity of existing pickup 

and delivery services; and 

(B) propose services by private bus operators with 

proven expertise in intercity bus services (as defined 

under section 26 of the Urban Mass Transportation 

Act of 1964) which possess a reasonable likelihood of 

9 continuing such pickup and delivery after grant assist- 

10 ance under this section has terminated. 

11 (4) No grant under this section shall be made after Sep- 

12 tember 30, 1991. 

13 (5) section 4(i) of the Urban Mass Transportation Act of 

14 1964 (49 App. U.S.C. 1603(i)) is amended by inserting, irn- 

15 mediately before the period at the end of the first sentence! 

16 the following: “, including projects referred to in section 

17 4(a)(1)of the Rural Bus Services Act”. 

18 (b) The Secretary shall conduct a study to evaluate th~’ 

I 

t 

I 

19 extent to which such pickup and delivery is dependent upon 

20 Federal preemption of State regulation. The Secretary shall. 

21 not later than twelve months after the date of enactment of 

22 this Act, report to Congress on the results of such stu~}”” 

/ o 

i 

S47o. IS


-----No. 8 of 37------------------------ 

S. 532 by EXON (D-NE) -- Congressional Budget Act of 1974, Amendment 

Oticial Title (Caption): 

A bill to amend the Congressional Budget Act of 1974 to provide that any 

concurrent resolution on the budget that contains reconciliation directives shall 

include a directive with respect to the statutory limit on the public debt, and for other 

purposes. 

Introduced on Wednesday, March 8, 1989 




Joint referral to Senate Committee on the Budget 

Joint referral to Senate Committee on Governmental Affairs 




Extensions to Remarks by WELDON (R-PA) in “Congressional Record” 

(CR Page E-2222) 





of the Chair 




Ordered reported by Senate Committee on the Budget 


Report filed by Senate Committee on the Budget (S.Rept. 101-428) 


Placed on Senate Legislative Calendar (Order811) 

Abstract



Amends the Congressional Budget Act of 1974 to require certain budget 

reconciliation legislation to include directives relating to required changes in the public 

debt limit. 

Digest 

(from Congressional Research Service, Libraty of Congress) 

Amends the Congressional Budget Act of 1974 to require any concurrent 

resolution on the budget that contains reconciliation directives relating to required 

changes in total budget authority amounts and revenue amounts to specify the 

amounts by which the statutory limit on the public debt is to be changed and to 

include this directive in the reconciliation legislation reported for the particular fiscal 

year. 

Declares it out of order in the Senate, with limited exception, to consider 

legislation that increases the public debt limit during a fiscal year above the level set 

forth in the concurrent resolution on the budget for that fiscal year. 

Considers this Act and its resultant amendments as an exercise of the 

rulemaking power of the Senate and of the House of Representatives.

. 

) 

after the ~ 

I 

IOISTCONGRESS 

1STSESSION 

S.532 

( 

Toamendthe Congressional BudgetActof 1974to providethat anyconcurrent 

resolutiononthebudgetthat containsreconciliationdirectiveshallincludea 

directive~vithrespectto the statutorylimitonthe publicdebt,andforother 

purposes. 

* 

IN T~ SENATE OF T~ ~TED STATES 

MARCH 8 flegislative day,JMJARY3),1989 

Mr. EXON(forhimself,Mr.COCHEAN, Mr.SHELBY, andMr.HEFLIN) introduced 

the followingbill;whichwasreadtwiceandreferredjointlypursuantto the 

orderofAugust4, 1977,to the Committeesonthe BudgetandGovernrnental 

Affairswithinstructionsthat if onecommitteereports,the othercormnitteehasthirtydaysofcontinuousessionto 

reportor be discharged 

t 

To 

1 

2 

A BILL 

amend the Congressional Budget Act of 1974 to provide 

that any concurrent resolution on the budget that contains 

reconciliation directives shall include a directive with respect 

to the statutory limit on the public debt, and for other 

purposes. 

Be itenactedby the Senate and House of Representativesof 

the UnitedStates of Americain Congressassembled, 

i 

.-

1 

2 

3 

2 

SECTION1. RECONCILIATIONDIRECTIVESTO INCLUDEDI. 

RECTIVEWITHRESPEC TOINCREASEINSTAT- 

UTORYLIMITONTHEPUBLICDEBT. 

4 

5 

(a) IN 

Budget Act 

GENERAL.—Section310 of the congressional 

of 1974 (2 U.S.C. 641) is amended by adding at 

. . 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

the end thereof the followingnew subsection: 

“(h) RECONCILIATIONDIRECTIVESWITHRESPEGTTO 

PUBLICDEBTLIMIT.— 

“(1) Any concurrent resolution on the budget for 

a fiscal year that contains directives of the type described 

in paragraph (1) or (2) of subsection (a) for such 

fiscal year shall also include a directive of the type described 

in paragraph (3) of such subsection for such 

fiscal year. 

“(2) Any change in the statutory, limit on the 

public debt that is recommended pursuant to a directive 

of the type described in paragraph (3) of subsection 

(a) shall be included in the reconciliation legislation 

reported pursuant to subsection @) for such fiscal 

year.”. 

b) CO~ORMINGCHANGE.—Section310(d)(2) of such 

Act is amendedby inserting “(other than a pro~sion reported 

pursuant to a diiective of the type described in subsection 

I 

24 

(a)(3))”after “motion to strike a provision”.

I SEC.2.POI~ OFORDER. 

3 

2 (a) IN GENERAL.—Notwithstanding the Standing Rules 

3 of the Senate, except as provided in subsection @), it shall 

4 not be in order in the Senate to consider any bill or joint 

5 resolution (or any amendment thereto or conference report 

6 thereon) that increases the statutory limit on the public debt 

7 during a fiscal year above the level 

set forth as appropriate 

8 for such fiscal year in the concurrent resolution on the budget 

9 for such fiscal year agreed to under 

10 gressionalBudget Act of 1974. 

section 301 of the Con- 

11 ~) EXCEPTION.—SubSeCtiOn (a) shall not apply 

24 ‘ (d)APPEALS.—If the ding of the presiding officersus- 

12 reconciliationbill or reconciliation resolution reported pursu- 

13 ant to section 310(b) of the Congressional Budget 

14 1974 during any fiscal year (or any conference report there- 

15 on)that contains a provisionthat— 

16 (1) increases the statutory limit on the public debt 

17 pursuant to a directive of the type described in section 

18 310(a)(3) of such Act, and 

19 (2) becomes effective on or after the first day of 

20 the followingfiscal year. 

to any 

Act of 

21 (c) WArvERS.-Subsection 

22 pended in the Senate by a vote 

23 bers, duly chosen and sworn. 

(a) may be waived or susof 

three-fifths of the Mem- 

1 

1 

25 tains a po~t of order raised pursuant to paragraph (1))a vote 

26 of three-fifths of the Membersduly chosen and sworn shall be

—. . ——.—-— 

. 

i 

1 

4 

required to sustain an appeal of such ruling. Debate on an~’ 

2 

3 

such appeal shall be limited to two hours, to be equall~’ 

divided between, and controlled by, the majority leader and 

10IST CO. 

2DSE 

4 

the minority leader or 

their designees.An appeal of any such 

5 

6 

7 

point of order is not subject to a motionof table. 

SEC.3.EFFECTIVEDATE. 

This Act and the amendments made by this Act shall 

TO 

amend 

resolu 

direct 

purpo 

8 

become effective on the date of the enactment of this Act. 

9 

10 

13 

14 

SEC.4.EXERCISEOFRULEMAKING POWERS. 

This Act and the amendments made by this Act are 

enacted by the Congress— 

(1) as an exercise of the rulemaking power of the 

House of Representatives and the Senate, respectively., 

and as such they shall be considered as part of the 

m 

M. EXO 

thef 

orde 

tall 

tee1 

! 

15 

16 

17 

rules of each House, respectively, or of that House to 

18 

19 

20 

21 

22 

23 

which they specifically apply, and such rules shall supersede 

other rules only to the extent that they are inconsistent 

therewith; and 

(2) with full recognition of the constitutional right 

of either House to change such rules (so far as relating 

to such House) at any time, in the same manner, all~ 

to the same extent as in the case of any other rule Of 

such House. 

o 

To ar 

t} 

r[ 

1 

2 

s 

1


-----No. 9 of 37------------------------ 

S. 762 by EXON (D-NE) -- Postal Service, Title 39 U.S.C., Amendment 


A bill to amend Chapter 32 of Title 39, United States Code, to limit the number of 

Congressional mass mailings, require public disclosure of the costs of such mass 

mailings, and for other purposes. 

Introduced on Tuesday, April 11, 1989 

I 


04/1 1/89 -- [n The SENATE 


Referred to Senate Committee on Rules and Administration 




Parts of this measure incorporated into a different measure (H.R. 3014) 

Abstract 


Limits the number of congressional mass mailings. Requires Members of 

Congress to file disclosure statements detailing mass mailing costs and to repay 

expenses which exceed the postage allowance. 

Digest 


Limits Members of Congress to two usual and customary congressional 

newsletters as mass mailings and postal patron mailings in a calendar year. 

Requires the Senate Committee on Rules and Administration and the House 

Commission on Congressional Mailing Standards to prescribe rules and regulations to 

carry out this Act. 

Requires Members to file disclosure statements detailing mass mailing costs 

during the preceding six months. 

Provides for separate appropriations for the House and the Senate for franked 

mailings. 

Requires any Member whose spending for franked mailings exceeds the 

postage allowance to repay such excess expenses from the Member’s office payroll 

account.

101STcO~GRESS 

ISTSESSION 

S. 762 

of chil. 

~tateinata 

cold 

by 

of chil- 

~E•ŒÈªy• United 

[’,,:Ilnendchapter32 of title 39, UnitedStatesCode,to limitthe numberof 

(’congressional massmailings, requirepublicdisclosureof the costsofsuch 

1nailings, andforotherpurposes. 


APRIL11(legislativeday,JANUARY 3),1989 

\[r,I?SON (forhimselfandMr.KERREY) introducedthefollowingbill;whichwas 

rc~dtwiceandreferredto theCommitteeonRulesandAdministration 

.ata colamount 

ount not 

provide 

)rograrno 

A BILL 

‘1’{) timend chapter 32 of title 39, United States Code, to limit 

the number of congressional mass mailings, require public 

disclosure of the costs of such mailings, and for other 

purposes. 

1 Be it enactedby the Senate and House of Representa- 

2 tivesof the United~tates of America in Congressassembled, 

:1 SECTION1. Section 3210 of title 39, United States 

4 Code, is amended by adding at the end thereof the following 

subsections: 

“(h)(l) Notwithstanding any other provision of this secno 

Member of Congress, Member-elect to Congress, or 

8 other official t. whom the provisions of this section apply 

. . . 

4 

.

1 

2 

3 

4 

5 

6 

7 

8 

9 

2 

may mail more than two usual and customary congressional] 

newsletters as mass mailings and postal patron mailings in 

any calendar year. 

“(2) The Senate Committee on Rules and Administration 

and the House Commission on Congressional Mailing 

Standards shall prescribe for their respective Houses such 

rules and regulations and shall take such other action, as the 

Committee or Commissionconsidersnecessary and proper for 

the Members and Members-electto conformto the provisions 

f 

10 

11 

12 

13 

14 

15 

16 

17 

of paragraph (1) and applicable rules and regulations. Such 

rules and regulations shall include, but not be limited to, provisions 

defininga postal patron mailing and what matter constitutes 

a newsletter. 

“(3) For purposes of paragraph (I), the term ‘massmailings’ 

shall have the same meaning as such term is defined 

under subsection(a)(6)(E). 

“(i)(l) Each Memberof ConWess,Member-electto Cong- 

1( 

1; 

1: 

IE 

14 

15 

16 

17 

18 

ress, 

and other officialto whom the pro~sions of this sectiol] 

18 

19 

apply 

shall on the first January 1 follo~ng the date of th~’ 

19 

20 

21 

22 

23 

24 

enactment of this subsection and every 6 months thereaft~)r 

submit to the Senate Committee on Rules and Administr:ion 

Congressional hlailill~ 

tion, or the House Commission 

Standards, as appropriate, a disclosure statement contaillill~ 

a summary detailing all costs for every mass m~ilill~ 

20 

21 

22 

23 

24 

25 

conducted by such Member of Congess, 

Member-e]e[+ft~l 

●S762IS

~“-”-”—--- “- 

— 

-— 

i 

1 

2 

3 

4 

5 

6 

7 

8 

9 

. ..-+ 

10 

11 

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3 

Gongress,or officialduring the preceding 6-month period. All 

such statements shall be made available to the public upon 

request. 

“(2) Within 30 days after the submission of the statements 

described in paragraph (l), the Senate Committee on 

Rules and Administration and the House Commission on 

Congressional Mailing Standards shall collect and publish a 

summary of the informationfrom such statements. 

“(3) For purposes of paragraph (1), the term ‘massmailings’ 

shall have the same meaning as such term is defined 

under subsection(a)(6)(E).”. 

SEC. 2. Section 3216 of title 39, United States Code, is 

amended by adding at the end thereof the following new 

subsection: 

15 “(e)(1)The lump sum appropriation described in subsection 

(a) shall provide for separate appropriations for the 

16 

17 Senate and the House of Representatives for such purpose. 

18 “(2) Any Member of Con~ess, Member-elect to Congress 

or, other official described under subsection (a)(l)(A) 

19 

20 whose spending for franked mail expenses exceeds the postage 

allowance based on the appropriations described under 

21 

22 paragraph (1) and determined by the Senate Committee on 

23 Ru!es and Administration or the House Commissionon Con- 

24 gressional Mailing Standards, shall pay such excess expenses 

●S762IS

— ‘- - 

4 

1 

from funds 

of the office payroll 

such Member, 

2 

Member-elect,or official.”. 

o 

Tort 

(t 

Mr.M 

DLDfe 

To re 

1 

L 

g 

1: 

2 

3 

ti 

s] 

4 

5 

6 

p] 

s] 

7


-----No.10 of 37----------------------- 

S. 819 by EXON (D-NE) -- Motor Carrier Safety Act of 1989 


A bill to strengthen the enforcement of motor carrier safety laws, and for other 

purposes. 

Introduced on Tuesday, April 18, 1989 







Remarks by DANFORTH (R-MO) in “Congressional Record” (CR Page S-4172) 

Remarks by ADAMS (D-WA) in “Congressional Record” (CR Page S-4173) 



Hearings adjourned by Surface Transportation Subcommittee 

I 



Committee on Commerce, Science, and Transportation 



(S.Rept. 101-91) 




consideration) 




Page S-10011) 


substitute 



Full text of measure printed in “Congressional Record” (CR Page S-10011)




Joint referral to House Committee on Energy and Commerce 

Joint referral to House Committee on Public Works and Transportation 


This measure incorporated into a different measure (S. 2393) 


Parts of this measure incorporated into a different measure (S. 2936) 

Abstract 


Sets forth a variety of provisions regarding commercial motor vehicle safety. 

Digest 


08/03/89 (Measure passed Senate, amended) Motor Carrier Safety Act of 1989- 

Requires the Secretary of Transportation to issue a final rule regarding Federal motor 

carrier safety regulations to: (1) establish a public information system that periodically 

updates the safety ratings of motor carriers which have received unsatisfactory safety 

ratings; (2) provide a rating reassessment within nine months after receipt of a motor 

carrier’s written request to have an unsatisfactory rating reassessed; and (3) prohibit 

the operation of certain commercial motor vehicles by motor carriers who have 

received unsatisfactory safety ratings. Requires the Secretary to submit operational 

guidelines to the Congress with specific criteria for determining civil penalties for 

motor carrier safety violations that pose imminent safety hazards. Requires reports 

not later than January 1, 1991, 1992, and 1993 to the Congress on enforcement 

actions. 

Amends the Controlled Substances Act to impose mandatory minimum criminal 

penalties for the unlawful distribution or possession of controlled substances within 

1,000 feet of a truck stop or safety rest area. 

Precludes the suspension of criminal sentences and denies probation for repeat 

offenders. Directs the U.S. Sentencing Commission to establish specified sentencing 

guidelines for violations of this Act. 

Amends the Truck and Bus Safety and Regulatory Reform Act of 1988 to direct 

the Secretaty of Transportation to initiate a rulemaking proceeding regarding 

improved braking performance standards for commercial motor vehicles. 

Classifies Department of Transportation safety inspectors at GS-12 of the 

General Schedule.


Sets a deadline within which the Secretary must establish procedures ensuring 

the timely correction of commercial motor carrier safety violations found in a 

nationwide random reinspection system. Directs the Secretaiy to establish operational 

procedures requiring highway safety personnel to initiate enforcement actions 

whenever certain motor carrier safety violations can be documented. 

Directs the Secretary to initiate a rulemaking proceeding for enhanced truck 

visibility.

I 

101S,CONGRESS 

ISTSESSIONS.819 

Tostrengthentheenforcement ofmotorcarriersafetylaws,andforother 

purposes. 

1: 

I 


APRIL18(legislative day,JANUARY 3),1989 

}[r.EXON (forhimself,Mr.DANFORTH, Mr.KASTEN, andMr.ADAMS) introducedthefollowing 

bill;whichwasreadtwiceandreferredtotheC6mrnittee 

onCommerce, Science, andTransportation 

i 

A BILL 

To strengthen the enforcement of motor carrier safety laws, and 

for other purposes. 


2 ti~esof the Unitedfitates of Americain Congressassembled, 

3 That this Act may be cited as the “Motor Carrier Safety Act 

I1, 

I 

! 

1: 

4 of 1989”. 

5 MOTORCARRIERSAFETYRATINGS 

6 SEC. 2. (a) Not later than one year after the date of 

7 enactment “f this Act, the Secretary, in consultation with the 

8 Interstate Commerce Commission, shall issue a final rule 

9 amending the Federal motor carrier safety regulations con-

-——.. 

~ 

:, 

1 

2 

3 

4 

5 

6 

7 

8 

9 

“ 10 

14 

I 

ii ,1 

15 

16 

17 

18 

19 

20 

21 

22 

23 

I 

24 

26 

2 

tained in subchapter B of.chapter ~ of title 49, Code of 

Federal Regulations, to— 

(I) establish a system to make readily available to 

the public, and to periodically update, the safety ratings 

of motor carriers which have been assigned safetj, 

ratings determined by the Secretary to be unsatisfactory; 

and 

(2) provide that, in any case in which a motor 

carrier has been assigned a safety rating determined b}. 

the Secretary to be unsatisfactory and has submitted a 

written request to the Secretary for a reassessment of 

the rating, the Secretary shall, to the extent practicatwelve 

months 

ble, conduct the reassessment within 

after receipt of the request. 

(b)The Secretary shall, not later than one year after th[’ 

date of enactment of this Act, issue a final rule providingthat 

any motor carrier that receives a safety rating determinedh~’ 

the Secretary to be unsatisfactory shall be prohibited froll~ 

operating a commercial motor vehicle which meets the d(>scription 

set forth in section 204(1) (B) or (C) of the hfotor 

Carrier Safety Act of 1984 (49 App. U.S.C. 2503(1) @J or 

(C) until such motor carrier has received a safety rating ~~’- 

termined by the Secretary to be conditional or satisfactory:” 

IMMINENTHAZARDSTO SAFETY 

SEC. 3. (a) Not later than January 1, 1990, the Secr~’- 

tary shall develop and submit to Congress operational gUi~{’- 

S 819IS 

1 

2 

3 

4 

5 

6 

7 

8 

91 

10 f 

11 

12 

13 

14 

15 

16 

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18 

19 

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21 

22 

23 t 

24. i] 

25 ~

Code of 

ailablet. 

~fetyrat. 

ed safety 

nsatisfac. 

a motor 

minedby 

omitteda 

jsment of 

practica- 

? months 

after the 

dingthat 

minedby 

‘ted from 

; the dele 

Motor 

1) @) or 

~tingdesfactOI’y. 

e Secre- 

~]~ide- 

3 

lines for taking actions under section 521(b)(5) of title 49, 

United States Code, with respect to any violation, or combination 

of violations, that poses an imminent hazard to safety. 

The guidelines, which shall be effectiveon January 1, 1990, 

shall specify the criteria for determining when such actions 

shallbe taken. 

(b) Not later than January 1 of 1991, 1992, and 1993, 

the Secretary shall submit to Congress a report describing 

the actions taken under the operational guidelinesrequired by 

subsection(a). 

DRUGVIOLATIONSAT TRUCKSTOPS 

SEC.4. (a) The Congress finds that— 

(1) the illegal use of controlled substances by opmotor 

vehicles represents an 

erators of commercial 

enormous threat to the safety of all motorists and their 

passengers on the Nation’s roadways; and 

(2) as indicated by numerous studies, congressional 

hearings, and investigations, individuals often use 

the areas surrounding roadside truckstops as sites for 

the distribution of these controlled substances to the 

operators of commercialmotor vehicles. 

(b) In light of the findings in subsection (a), the Controlled 

Substances Act (2I U.S.C. 801 et seq.) is amended by 

inserthg immediately after section 408 the following new 

Section: 

} 

1 

y-..

1 

2 

3 

4 

5 

6 

7 

4 

“TRANSPORTATION SAFETYOFFENSES 

“SEc. 409. (a) Any person who violates section 

401(a)(l) or section 416 by distributing or possessing Ivith 

intent to distribute a controlled substance in or on, or within 

one thousand feet of, a truck stop is (except as provided in 

subsection(b))punishable— 

“(1) by a term of imprisonment, or fine, or both, 

8 

up to twice that authorized by section 401(b) 

of this 

.... 

.. 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

title; and 

“(2) at least twice any term of supervised release 

authorized by section 401(b) for a first offense. 

Except to the extent a greater minimum sentence is otherwise 

provided by section 401@), a term of imprisonment 

under this subsection shall be not less than one year. The 

mandatory minimum sentencing provisions of this paragraph 

shall not apply to offenses involving 5 grams or less of 

marihuana. 

“b) Any person who violates section 401(a)(l) or se[’- 

tion 416 by distributing or possessingwith intent to distriblltf) 

a controlled substance in or on, or within one thousand fe~~ 

of, a t~ck stop after a prior conviction or convictions und[’r 

subsection(a) have becomefinal is punishable— 

“(1) by the greater of (A) a term of imprisonment 

of not less than three years and not more than life illlprisonment 

or (B) a term of imprisonment of Up [(’ 

S 819IS

1 

.) 

5 

three times that authorized by section 401(b) of this 

title for a first offense, or a fine up to three times that 

:3 

4 

5,. 

(; 

i 

$ 

“(c) In the case of any sentence imposed under subsec- 

$) tion (b), impositionor execution of such sentence shall not be 

10 

11 

1! 

13 

14 

15 

16 

17 

18 

19 

20 

‘> -1 

22 

23 

24 

authorized by section 4010) of this title for a first offense, 

or both; and 

“(2) at least three times any term of supervised 

release authorized by section 401(b) of this title for a 

first offense. 

suspended and probation shall not be granted. An individual 

convictedunder subsection b) shall not be eligible for parole 

under chapter 311 of title 18 of the United States Code mtil 

the individual has served the minimum sentence required by 

such subsection. 

“(d) For purposes of this section, the term ‘truck stop’ 

means any facility (including any parking lot appurtenant 

thereto) with the capacity to provide fuel or service, or both, 

to any commercial motor vehicle as defined under section 

12019(6) of the Commercial Motor Vehicle Safety Act of 

1986, operating in commerce as 

of such Act.”. 

(c) Section 401@) of such 

defined in section 12019(3) 

Act (21 U.S.C. 841@)) is 

amended by striking “or 405B” and inserting in lieu thereof 

“405B, or 409”. 

S 819IS

1 

2 

3 

28, 

Act 

4 

5 

6 

7 

8 

6 

(d)(1)Pursuant to its authority under section 994 of title 

United States Code, and section 21 of the Sentencing 

of 1987 (28 U.S.C. 994 note), the United States Sentencing 

Commission shall promulgate guidelines, or shal] 

amend existing guidelines, to provide that a defendant convicted 

of violating section 409 of the Controlled Substances 

Act, as added by this section, shall be assigned an offense 

level under chapter 2 of the sentencing guidelines that is— 

.. 

9 

(A) two levels 

greater than the level that would 

10 

have been assigned 

for the underlying controlled sub- 

., 

11 

12 

13 

14 

15 

16 

stance offense;and 

(B) in no event less than level 26. 

(2) If the sentencing guidelines are amended after th(’ 

effective date of this section, the Sentencing Commissiol~ 

shall implement the instruction set forth in paragraph (1)S(J 

as to achieve a comparableresult. 

17 

18 

(3) The guidelines referred to 

mulgated or amended under such 

in paragraph (l), 

paragraph, shall 

19 

20 

21 

22 

23 

24 

25 

I I 

26 

that an offense that co~d be subject to multiple enhall~~Lments 

pursuant to such subsectionis subject to not more th:~ll 

one such enhancement. 

IMPROVEDBRAKESYSTEMSFOROOMMERcIALMOTIJ~{ 

VEHICLES 

SEC. 5. (a) Section 9107 of the Truck and Bus s;~f[’r~ 

and Regulatory Reform Act of 1988 (PubIic Law 1OO-~;:)( 

subtitle B of title IX) is amended— 

S 819IS

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8 

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7 

(1) by striking “REPORT ON” in the heading; 

(2) by inserting “(a) REPORT.—” immediately 

before “Not later than”; and 

(3) by adding at the end the following new 

subsection: 

“(b) RULEMAKINGPROCEEDING .—The Secretary shall 

initiate a rulemaking proceeding not later than February 1, 

1991. Such proceeding shall concern the need to adopt methods 

for improving braking performance standards for commercial 

motor vehicles and shall include an examination of 

antilock systems, means of improving brake compatibility, 

and methods of ensuring effectiveness of brake timing. Any 

rule 

such proceeding regarding improved brake performance shall 

take 

such 

which the Secretary determines to issue as a result of 

into account the necessity for effective enforcement of 

rule. The Secretary shall conclude the proceeding required 

by this subsection not later than October 30, 1991.”. 

@)The table of contents contained in section 9101(b) of 

the Truck and Bus Safety and Regulatory Reform Act of 

1988 is amended by striking “Report on improved” in the 

item relating to section 9107 and inserting in lieu thereof 

“Improved”. 

SAFETYINSPECTORGRADELEVELS 

SEC.6. Notwithstanding any other provision of law, the 

position held by a fully experienced and qualified senior or 

journeyman motor carrier safety specialist working primarily 

#

1 

2 

3 

4 

5 

8 

in the field and employedby the Department of Transport. 

tion shall be classifiedin accordance with chapter 51 of title 

5, United States Code, at grade GS-12 of the Genera] 

Schedule. 

PBOCED~ES TO ENSURETIMELYCORRECTIONOF SAFETY 

6 

7 

8 

SEC. ~. (a) 

after the date of 

VIOLATIONS 

The Secretary shall, within nine months 

enactment of this Act, issue a final rule 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

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25 

establishing procedures to ensure the proper and timely correction 

of commercial motor vehicle safety violations noted 

during inspections funded with moneys authorized under section 

404 of the Surface Transportation Assistance Act of 

1982 (49 App. U.S.C. 2304) to carry out the Motor Carrier 

Safety Assistance Program. , 

(b) Such final rule shall establish a verificationprogram, 

including all States participating in the Motor Carrier Safet~’ 

Assistance Program, to ensure that commercial motor vehicles 

and operators thereof foundin violation of safety requirements 

have subsequently been brought into compliancewitl~ 

such safety requirements. The final rule shall, among other 

things, institute— 

(1) a nationwide system for random reinspection 

of the commercial motor vehicles and operators thereof 

that have been declared out-of-service as a result of 

such safety violations, the main purpose of which 

S819S8

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9 

system shall be to verify that the violations have been 

corrected on a timely basis; 

(2) a program of accountability for correcting all 

safety violations, which shall provide that— 

(A) the operator of a commercial motor vehicle 

for which a safety violation has been 

noted shall be issued a form prescribed by the 

Secretary; 

(B) the making of the repairs necessary to 

correct such violation and the date, location, and 

time of such repairs shall be certified on such 

form by the person m~ing such repairs; 

(C) the motor carrier responsible for such 

commercial motor vehicle or operator shall certify 

on such form that, based on the knowledge of the 

carrier, the repairs necessary to correct such violation 

have been made; and 

(D) appropriate State penalties shall be ason 

such forms or for 

sessed for false statements 

failure to return such forms to the appropriate 

State entity; and 

(3) a system for assuring that appropriate State 

penalties are assessed for failure to correct any such 

safety violation. 

SERIOU SAFETYVIOLATIONS 

SEC.8. (a) The Congressfinds that— 

,

1 

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(1) the present system for ensur~g compliance 

With Federal motor carrier safety laws and re~lations 

needs improvement; 

(2) relying primarily upon voluntary compliance 

methods has not resulted in an acceptable level of commercial 

motor vehicle safety; and 

(3) improvements in the existing enforcement authorities 

are required to bring about greater safety. 

(b) In light of the findings in subsection (a), section 

521(b)(l) of title 49, United States Code, is amended— 

(1) by redesignating the existing text as subparagraph 

(A); and 

(2) by adding at the end the following new subparagraph: 

“(B) The Secretary shall, not later than January 1, 

1990, establish operational procedures to require a high~va~” 

stiety specialist or other appropriate representative of the 

Secretary to initiate, at the time of a safety review, compliance 

review, or other inspectionor audit activity, or within:1 

reasonable time thereafter, an enforcement action whene~’~1” 

any of the offenses referred to in paragraph (2) (A) and (~) 

can be documented,except recordkeepingviolationsnot spe~ifiedby 

the Secretary as serious. The procedures shall— 

“(i) specify those serious recordkeeping violatioll~ 

for which an enforcement action shall be initiated, ill-

nce 

ons 

nce 

om- 

;tion 

au- 

}ara- 

sub- 

“y 1, 

tiway 

f the 

hin a 

never 

d @) 

~mp1- 1“ 

specttions 

d, in- 

1 

●> . 

:3 

4 

5 

6 

7 

8 

9 

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11 

IQ 

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~o 

“1 ‘) 

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.>P 

-0 

26 

11 

eluding instances in which the falsificationof records of 

duty status or drivers’ medical certificates is required 

or permitted, and such other record-keepingviolations 

!, 

as the Secretary determines to be serious; and 

) 

“(ii) authorize, but not require, initiation of an en- 

1! 

{, 

,, ,8 (1 

forcement action for recor&eeping violations not speci- 

fied by the Secretary as serious.”. 

TRUCKVISIBILITY 

SEC. 9. Not later than sixty days after the date of enactment 

of this Act, the Secretary shall initiate a rulemaking 

proceeding on the need to adopt methods for making trucks 

more visible to motorists so as to reduce accidents, particularly 

at night, taking into consideration such factors as truck 

illumination and truck color. Such proceeding shall be completed 

within two years after the date of enactment of this 

Act, 

DEFINITIONS 

SEC. 10. As used in this Act— 

(1) the term “commercial driver’s license” has the 

meaning given such term in section 12019(4) of the 

Commercial 

App. U.S.C. 

(2) the 

2503(1)); 

Motor Vehicle Safety Act of 1986 (49 

2716(4)); 

term “commercial motor vehicle” has the 

:1 


ii 

j I: 

Motor Carrier Safety Act of 1984 (49 App. U.s.c. 1’ 

. 

! 

S 819IS

i 

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1 

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3 

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5 

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7 

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9 

10 

12 

(3) the terms “conditional” and “unsatisfactory” 

have the meanings given those terms in part 385 of 

title 49, Code of Federal Regulations, as in effect on 

the date of enactment of this Act; 

(4) the term “Secretary” means the Secretar~’of 

Transportation; and 

(5) the term “truck” means a commercial motor 

vehicle that meets the description set forth in section 

204(1) (A) or (C) of the Motor Carrier Safety Act of 

1984 (49 App. U.S.C. 2503(1) (A) or (C)). 

o 

I 

i 

I‘1 

/ 

iI 

i 

S 819IS


-----No.11 of 37----------------------- 

S. 1011 by EXON (D-NE) -- Medicare Catastrophic Coverage Delay Act of 1990 


A bill to amend Title XVIII of the Social Security Act and other provisions of law to 

delay for 1 year the effective dates of the supplemental Medicare premium and 

additional benefits under Part B of the Medicare Program, with the exception of the 

spousal impoverishment benefit. 

introduced on Wednesday, May 17, 1989 







Remarks by REID (D-NV) in “Congressional Record” (CR Page S-5510) 

Abstract 


Delays the implementation of the Medicare Catastrophic Coverage Act. 

Digest 


Medicare Catastrophic Coverage Delay Act of 1990- Delays, for one year, the 

implementation of the Medicare Catastrophic Coverage Act of 1988, except for 

provisions of such Act expanding benefits under part A (Hospital Insurance) of title 

XVIII (Medicare) of the Social Security Act.

II 

operatgenc~’ 

Iolsl’ CONGRESS 

1STSESSION 

s. 1o11 

ToamendtitleXW of the SocialSecurityActandotherprovisions oflawto 

dela}rIoroneYearthe . effectivedatesofthe supplementalMedicarePremium 

-. . 

andadditional benefitsunderPartB of the MedicareProgram,withthe 

exception ofthespousal impoverishment benefit. 

Jlr, 

~ THE SENATE OF T~ ~TED STATES 

MAY17(legislative day,JANUARY 3),1989 

EXON introduced thefollowing bill;whichwasreadtwiceandreferredtothe 

Committee onFinance 

To 

A BILL 

amend title XVIII of the Social Security Act and other 

provisionsof law to delay for one year the effective dates of 

the supplemental Medicare premium and additional benefits 

under part B of the Medicare Program, with the exception 

of the spousal impoverishmentbenefit. 

1 

2 

3 

4 

5 

6 

7 


the Unitedfltates of America in Congressassembled, 

SECTION1.SHORTTITLE. 

That the Act be cited as the “Medicare Catastrophic 

CoverageDelay Act of 1990”. 

SEC.2.PURPOSES. 

It is the purpose of this Act—

I 

2 

9 erage Act of 1988, 

1 (1) to retain all Medicare Part A provisions cur- 

2 rently in effect as provided for in the Meticare Cata- 

3 strophic Coverage Act of 1988; 

4 (2) to retain the Medicaid spousal impoverishment 

5 provisions as provided for in the Medicare Catastrophic 

6 Coverage Act of 1988; 

7 (3) to retain the flat increase in Medicare premi- 

8 urns, as provided for in the Medicare Catastrophic Covin 

order to finance the above-re- 

10 tained benefits; 

,. . 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

(4) to delay, for one year, implementation of all 

other benefits provided in the Medicare Catastrophic 

Coverage Act of 1988; 

(5) to delay, for one year, implementation of the 

supplemental premium as provided for in the Medicare 

Catastrophic Coverage Act of 1988; and 

(6) to express the sense of the Congress that if 

revenue estimates conclude there is, in fact, a surplus 

of funds in the Catastrophic Coverage trust funds in 

excess of amounts required to reach and maintain adequate 

reserves, that the appropriate steps will be taken 

to reduce the supplemental premium. 

●S 1011IS

)rovisions cur- 

3 

1 SEC.3. DELAYIN PARTB BENEFITSANDRELATEDPRO- 

2 VISIONS. 

3 (1) section 1833(c) of the Social Security Act (42 

~edicare Oatanpoverishment 

e Catastrophic 

4 U.S.C. 13951(c)), as inserted by section 201(a) of the Medi- 

5 care Catastrophic Coverage Act of 1988, is amended— 

edicare premiastrophic 

Covthe 

above-reentation 

of all 

2 Catastrophic 

>ntation of the 

~the Medicare 

~ngress that if 

fact, a surplus 

trust funds in 

maintain ades 

will be taken 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

(A) in paragraph (l), by striking “1990” and inserting 

“1991”; 

(B) in paragraph (3), by striking “1990” each 

place it appears and inserting “1991”; and 

(C) in paragraph (3)(A)– 

(i) by striking the first sentence, 

(ii) in the second sentence, by striking “Succeeding 

year” the first place it appears and inserting 

“year (beginningwith 1991)”, and 

(iii) in the second sentence, by striking “succeeding 

the second place it appears. 

(2) Paragraph (4)(B)of section 1861(t) of the Social Security 

Act, as added by section 202(a)(2)(C)of the Medicare 

Catastrophic Coverage Act, is amended by striking “1990” 

and inserting “1991”. 

(3) Section 1834(c)of the Social Security Act, as added 

by section 202(b)(4) of the Medicare Catastrophic Coverage 

Act, is amended— 

(A) in paragraph (1)(o)(i), by striking SUbClaUSeS 

~ and (II) and inserting the following: 

26 “(I) 1991 is $600, 

●s 1011IS 

~

-—4 

4 

1 

“(II) 1992 is $652, and”; 

I 

Medict 

2 

(B) in paragraph (l)(C)(i) by striking subclause 

2 strikin, 

r 

3 

4 

(lII) and redesigning subclause (IV) as subclause (~; 

(0) in paragraph (l)(C)(iii), by str~ng “1992” 

3 (: 

4 Cover 

5 

and inserting “1993”; 

5 “1994 

6 

(D) in paragraph (2)(C)(ii),by strfiing “1990”, 

6 (( 

7 

“1991”, “1992”, and “1993” and inserting “1991”, 

7 erage 

8 

“1992”, “1993”, and “1994”, respectively; 

8 and 1 

. 

9 

10 

(E) in paragraph (3)(A), by striking “1992” and 

inserting “1993”; 

9 1994’ 

10 (’ 

11 

~ in paragraph (3)(C)(i),by strfiing “1990” and 

11 erage 

12 


12 insert 

13 

(G) in paragraph (4)(A)(i),by striking “1990 or 

13 ( 

14 

1991” and inserting “1991 or 1992”; 

14 age . 

15 

(H) in paragraph (7)(B), by striking “1991” and 

15 “199 

16 


16 ~E 

~ in paragraph (8)(A),by striking “6 years” and 

17 adde{ 

18 

inserting “7 years”; and 

18 Cove 

19 

(J) in subparagraphs (B), (C), @), and ~) of Para- 

19 4~199 

20 

graph (8), by striking “1989”, “1990”, “1991”, 

20 

21 

“1992”, “1993”, and “1994” and inserting “1990”, 

21 Cov( 

22 

“1991”, “1992”, “1993”, “1994”, and “1995”, 

22 

23 

respectively. 

23 inse] 

24 

(4) Paragraphs (1) and (4) of section 1842(o) of the 

24 COV 

25 Social Security Act, as added by section 202(c)(l)(C) of the 25 “19’ 

iI ‘- 

●S1011IS

[se 

‘I); 

2“ 

1 

2 

3 

4 

5 

Medicare Catastrophic Coverage Act, are each amended by 

striking “1991” and inserting “1992”. 

(5) Section 202(e)(4)(B)of the Me~care Catastrophic 

Coverage Act is amended by striking “1993” and inserting 

.:* 

“:~ 

6 

1 (12) Section l154(a)(16) of the Social Security Act, as 

2 amended by section 203(d)(2) of the Medicare Catastrophic 

3 Coverage Act, is amended by striking “1993” and inserting 

4 “1994”. 

5 (13) Section 203(g) of the MedicareCatastrophic Cover- 

6 age Act is amended by striking “1990” and inserting 

7 “1991”. 

8 (14) Section 1834(e) of the Social Security Act, as 

9 added by section 204(b)(2)of the MedicareCatastrophic Cov- 

10 erage Act, is amended— 

11 (A) in paragraph (2)(B)(ii),by striking “1992” and 

12 inserting “1993”, 

13 (B) in paragraph (4)(A)(i),by striking “1990” and 

14 inserting “1991”, 

k ~$, 15 (C) in paragraph (4)@), by striking “1991” and 

1 

2: 

3’ 

4$ 

5 

6a 

7e 

8 

9 

10 

11 

12 

13 

14 

15 

16 inserting “1992”, and 

17 (D) in paragraph (5), by striking “1990” and 

18 “1991” each place each appears and inserting “1991” 

19 and “1992”, respectively. 

20 (15) Section 204(3) of the MedicareCatastrophic Cover- 


22 “1991”. 

23 (16) Section 205(f) of the Medicare Catastrophic Cover- 


25 “1991”.

7 

1 (17) Section 206@) of the Medicare Catastrophic Cover- 


3 “1991”. 

4 SEC.4. DELAYIN CERTAINREVENUE-RELATED PROVISIONS. 

5 (1) Section 59B of the Internal Revenue Code of 1986, 

6 as addedby section Ill(a) of the Medicare Catastrophic Cov- 

Q1 

(A) in paragraph (l), by striking “1988” and in- 

~2 

serting “1990”, and 

I 

! fi3 

(B) in paragraph (2), by striking “1989” and 

~J ‘(1989,, 

and inserting “1990” and “1990”, 

~) 

respectively. 

& 

-.,.$ 

. 

. 

“%s 

;-;- 

*.- 

q .-.,. ,: 

1 

I 

7 erage Act, is amended— 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 “ 

(A) in the table in subsection (c)(2)(A),by striking 

the line relating to 1989; 

(B) in the table in subsection (d), by striking the 

line relating to 1989; and 

(C) in subsection (e)(4)— 

(i) by striking “before 1998” each place it 

appears and inserting “before 1999”, and 

(ii) in the percentage table in subparagraph 

(A), by striking “1994”, “1995”, “1996”, and 

“1997” and inserting “1995”, “1996”, “1997” 

and “1998”, respectively. 

19 (2) Section Ill(e) of the Medicare Catastrophic Cover- 

~o age Act is amended—

—.—— 

—. ~ 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

i ,i , 15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

8 

(3) Section 112~) of the Medicare Catastrophic Coverage 

Act by striking “1990” and “1989” and inserting 

“1991” and “1990”, respectively. 

(4) Section 1839(g)of the Social Security Act, as added 

by section 211(a) of the Medicare Catastrophic Coverage 


(5) Section 1841A of the Social Security Act, as inserted 

by section 212(a) of the Medicare Catastrophic Coverage 


(A) in subsection (c), by striking “1990” and inserting 

“1991”, and 

(B) in subsection (d), by striking “1992” each 

place it appears and inserting “1993”. 

(6) Section 1840(i) of the Social Security Act, as added 

by section 212@)(l) of the Medicare Catastrophic Coverage 

Act, is amended by inserting “(l)” after “(i)” and by adding 

at the end the followingnew paragraph: 

“(2)(A) Notwithstanding the previous provisions of this 

subsection but subject to subparaamaph~), premiums collected 

under this part which are attributable to subsection(g) 

of any month in 1989 shall, instead of being transferred to (or 

deposited to the credit) of the Federal Supplementary Insurance 

Trust Fund, be transferred to (or deposited to the credit 

of) the Federal Hospital Insurance Catastrophic Coverage 

Reserve Fund (created under section 1817A). 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

IF 

1: 

Z( 

~. 

9. -. 

9’ -. 

~ 

~) .

9 

‘v ,5 

d 

;e 

n- 

r- 

n- 

.-, 

! 

;ch 

led 

I 

lge 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

“(B) The total amount of the transfers or depositsmade 

under subparagraph (A) shallnot exceed the Secretary’s estimate 

of the total amount of additional expenditures made 

under part A which are attributable to benefits during 1989 

and which would not have been made but for the amendments 

made by the Medicare Catastrophic Coverage Act of 

1988.”. 

(7) Section 1841B(c) of the Social Security Act, as insertedby 

section 213 of the Medicare Catastrophic Coverage 

Act, is amended by striking “1990” each place it appears 

and inserting “1991”. 

SEC.5.MEDICAIDProvisions. 

(1) Section 1905(p)(2) of the Social Security Act, as 

amendedby section 301@)of the MedicareCatastrophic Coverage 

Act, is amended by striking “1990”, “1991”, “1992”, 

ing 

;hi~ 

(g) 

(or 

3o1- 

sllr- ! tedit 

“agC 

16 

17 

18 

19 

24 

25 

and “1993” each place each appears and inserting “1991”, 

tl~992,),,, 1993”, and “1994”, respectively. 

. 

(2) Clauses (ii) and (iii) of section 1902(1)(2)(A)of the 

Social Security Act, as added by section 302(a)(2)(B)(iii)of 

the MedicareCatastrophic Coverage Act, by striking “1990” 

eachplace it appears and inserting “1991”. 

SEC.6.MAINTENANCE OFEFFORT. 

Section 412 of the Medicare Catastrophic Co;erage Act 

is amended by striking “1990” each place it appears and 

inserting“1991”. 

o


-----No. 12 of 37----------------------- 

S. 1012 by EXON (D-NE) -- Disaster Assistance Act of 1989 


A bill to amend the Disaster Assistance Act of 1988 to extend disaster assistance 

to losses due to adverse weather conditions in 1988 or 1989 for crops planted in 

1988 for harvest in 1989, and for other purposes. 

Introduced on Wednesday, May 17, 1989 




Referred to Senate Committee on Agriculture, Nutrition, and Forestry 



Abstract 


Amends the Disaster Assistance Act of 1988 to extend disaster assistance to 

winter crops planted in 1988 for harvest in 1989. 

Digest 


Disaster Assistance Act of 1989- Amends the Disaster Assistance Act of 1988 

to extend disaster assistance to 1989 winter program and nonprogram crops. 

Permits and sets forth conditions for producers to devote acreage under an 

acreage limitation program to haying and grazing or to alternative crops. Extends to 

such crops: (1) crop quality reduction disaster payments; (2) crop insurance 

coverage; and (3) disaster assistance payment reductions in relation to Federal crop 

insurance payments.

101STCONGRESS 

IST’”’””” s. 1012 

1-,):lmendthe DisasterAssistanceA,ctof 1988to extenddisasterassistanceto 

lossesdueto adverseweatherconditions in 1988or 1989forcropsplanted 

-. 

in1988forharvestin1989,andforotherpurposes. 

IN THE SENATE OR THE ~TED STATES 

MAY17(legislative day,JANUARY 3),1989 

I[r.EXON(forhimselfandMr.BOREN) introducedthefollowingbill;whichwas 

r(’:~d t~viceandreferredtotheCommitteeonAgriculture, Nutrition, andForestry 

A BILL 

To amend the Disaster Assistance Act of 1988 to extend disaster 

assistance to losses due to adverse weather conditionsin 

1988 or 1989 for crops planted in 1988 for harvest in 

1989, and for other purposes. 

!. 

1 Be it enactedby the Benate and House of Representa- 

2 tivesof the UnitedStatesof America in Congressassembled, 

~ SECTION1.SHOR TITLE. 

-1’ This Act may be cited as the “Disaster Assistance Act 

S of 1989”. 

c

, 

. .,._ 

1 

, 

2 

1 SEC.2.PAYMENTSTOPROGRAMPARTICIPANTS FORTARGET 

2 PRICECOMMODITIES. 

3 Section 201 of the Disaster Assistance Act of 1988 

4 (7 U.S.C. 1421 note) is amended— 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

(1) in subsection(a)(l)– 

(A) by inserting after “excessive moisture,” 

both places it appears the following: “freezing 

temperatures,”; 

(B) by inserting after “related condition in 

1988,” both places it appears the following: “or 

for winter crops, in 1988 or 1989,”; 

(C) in subparagraph (A), by inserting after 

“65 percent” the following: “(or, in the case of a 

winter crop, 80 percent)”; and 

(D) in subparagraph (B), by inserting after 

“90 percent” the following: “(or, in the case of a 

I 

11 

21 

3( 

41 

5 

6. 

7’ 

8 

9 

10 

11 

12 

13 

14 

15 

17 

18 

19 

20 

winter crop, 100 percent)”; 

(2) in subsection @)(4), by 

31, 1989,” the following:“or for 

July 31, 1990,”; and 

inserting after “July 

winter crops, prior to 

21 

22 

23 

(3) by adding at the end thereof the followingne~~ 

subsection: . 

“(c) WINTERCROPṢ—(1) If an acreage limitation prO- 

24 gram under section load, 105C(f)(2), 103A(f)(2), or 

25 101A(fl(2)of the Agricultural Act of 1949 (7 U.S.C. ~445b- 

26 3(f)(2), 1444e(f)(2),1441–l(f)(2), or 1441–l(f)(2)) is in effect 

●S1012IS

3 

1 for a crop of wheat, feed grains, upland cotton, or rice and 

18 

2 the Secretary determines that the producers on a farm are 

3 eligible for a disaster payment for the winter crop of a com- 

4 modity under subsection(a)(l), 

such producers may devote all 

5 or a portion (as determined by 

such producers) of the permit- 

ng 

6 ted acreage for wheat, feed grains, upland cotton, or rice for 

7 the farm for such crop to— 

. 

in 

,’(or 

--i , 

kter 

8 “(A) haying and grazing; or 

9 “(B) the production of an alternative crop covered 

10 under this section, or section 202 or 203, or soybeans. 

11 “(2) If the producers on a farm devote a portionof their 

I 

of a 

12 permitted acreage to haying, 

13 under subparagraph (A)— 

grazing, or an alternative 

crop 

after 

I of a 

t 

I 

14 “(A) the producers shall be eligible for payments 

15 under section I07D(c)(I), I05C(C)(I), IoTA, Or 

16 IOIA(C)(I) of 

the Agricultural Act of 1949 on such 

“Julj7 

$ lor to 

17 acreage; and 

18 “(B) the 

19 payment yield 

crop acreage base and farm program 

of the farm under sections 504 and 506 

20 of such Act (7 U.S.C. 1464 and 1466) shall not be re- 

21 duced due to the fact that a portion of such permitted 

I 

:n pro- 

22 acreage was devoted to the production of haying, graz- 

[2), or 

.445b-- 

I effect 

23 ing, or such alternative crops. 

24 “(3)(A) The Ati “strator of the Small Business Ad- 

25 ~stration sha~ make disaster loans available to producers 

●s 1012Is

I 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

4 

on a farm who are eligible for a disaster payment for the 

winter crop of a commodityunder subsection(a)(l). 

“(B) The amount of a loan made under subparagraph 

(A) shall be the amount requested by the producers on a 

farm, except that such amount may not exceed— 

“(i) the expected income of such producers, obtained 

by multiplying— 

“(I) the payment rate for the commoditj’ 

under section 107D(c)(1), 105C(C)(1),103A(c)(1), 

or IOIA(C)(I) of the Agricultural Act of 1949; b~’ 

,. ., 

i 

‘I 

11 

“(II) the sum of the acreage planted for har- 

12 vest and the acreage prevented from being plant- 

13 ed @ecause of drought, hail, excessive moisture, 

14 or related condition in 1988 or 1989, as deter- 

! 

15 

.( ,, mined by the Secretary) to such crop; by 

16 “(III) 100 percent of the farm program pay- 

17 ment yield established by the Secretary for such 

18 crop under section 506 of such Act (7 U.S.C. 

19 1466); less 

20 “(ii) the sum of— 

21 “(I) the amount of any disaster papents re- 

I 

! 

~ 22 ceived by such producers under subsection (a)(l) 

~ 

j! 23 or the Agricultural Act of 1949 (7 U.S.C. 1421 

II 

24 et seq.); and

5 

! 

.,--: 

3 

4 

i 5 

6 

7 

8 

9 

11 

13 

14 

I 

, 

15 

16 

17 

18 

19 

20 

21 

“(c) 

The rate of interest on a loan made under subpara- 

graph (A) shall be 8 percent per annum. 

“(D) 

“~ the amount of any crop insurance proceeds 

obtained by such producers under the Federal 

Crop Insurance Act (7 U.S.C. 1501 et seq.). 

There are authorized to be appropriated for fiscal 

year 1989 such sums as are necessary to carry out this paragraph. 

“(4)(A)For purposes of this section: 

“(i) The term ‘winter crop’ means a crop of a 

commoditylisted in subsection (a) planted during calendar 

year 1988 for harvest in 1989. 

crops. 

“(ii) The term ‘1988 crop’ shall include winter 

“(B) For purposes of determining payments under this 

section, a winter crop shall be considered separately from 

cropsplanted for harvest in 1988.”. 

SEC. 3. PAYMENTS‘1’OPROGRAMNONPARTICIPANTS FOR 

TARGETPRICECOMMODITIES. 

Section 202 of the Disaster Assistance Act of 1988 

(7 U.S.C. 1421 note) is amended— 

I 

22 

23 

24 

25 

(1) in subsection(a)— 

(A) by inserting after “excessive moisture,” 

. 

., “L 

both places it appears the following: “freezing 

temperatures,”; >

1 

6 

(B) by inserting after “related condition in 

2 1988,” the following: “or for winter crops, in 

3 1988 or 1989,”; 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

(C) in paragraph (I), by inserting after “65 

percent” the following: “(or, in the case of a 

winter crop, 80 percent)”; and 

(D) in paragraph (2), by inserting after ‘(90 

percent” the following: “(or, in the case of a 

winter crop, 100 percent)”; 

(2) in subsection (b), by inserting after “related 

conditionin 1988,” the following:“or for winter crops, 

in 1988 or 1989,”; and 

(3) by adding at the end thereof the folloting new 

subsection: 

“(d) WINTERCROPṢ—(1) For purposes of this section: 

“(A) The term ‘winter crop’ means a crop of a 

commoditylisted in subsection (a) planted during calendar 

year 1988 for harvest in 1989. 

19 “m) The term ‘1988 crop’ shall include winter 

20 crops. 

21 “(2) For purposes of determining payments under this 

I 

22 , section, a winter crop shall be considered separately from 

23 ( ~ropsplanted for harvest in 1988.”. 

1 SEC. 

2 

3 (7 v 

4 

5 

6 

7 

8 

9 

10 

11 SE 

12 

13 (7 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25

in 

7 

I SEC.4.CROPQUALITYREDUCTIONDISASTERPAYMENTS. 



4 (1) in subsection (a), by inserting after “related 

a 

’90 

:! a 

ted 

“’”)ps, 

r 

.lew 

ion: 

)f a 

lennter 

this 

:~om 

I 

5 conditionsin 1988,” the following: “or for crops speci- 

6 fied in section 201(c)(4)(A)(i)or 202(d)(l)(A), in 1988 

7 or 1989,”; and 

8 (2) in subsection (d), by inserting after “disaster in 

9 1988,” the following: “or for crops specifiedin section 

10 201(c)(4)(A)(i)or 202(d)(l)(A), in 1988 or 1989,”. 

II 

SEC.5.EFFECTOFFEDERALCROPINSURANCE PAYMEN’1’S. 



14 (1) by inserting after “Federal Crop Insurance 

15 Act,” the following: “or for the crop of a commodity 

16 specified in section 201(c)(4)(A)(i)or 202(d)(l)(A)~”; 

17 and 

18 (2) in paragraph (3), by striking out “the 1988” 

19 each place it appears and inserting in lieu thereof 

20 “such”. 

21 SEC.G.CROPINSURANCECOVERAGEFORCERTAINCROPS. 

22 ‘ Section 207(b) of the Disaster Assistance Act of 

23 1988 (7 U.S.C. 1421 note) is amended— 

24 (1) by striking out “or” at the end of paragraph 

25 (4); 

●S 1012IS

!, i i 

1 

2 

3 

8 

(2) by striking out the period at the end of paragraph 

(5) and inserting in lieu thereof “; or”; and 

(3) by adding at the end thereof the folloting new 

101ST C( 

1ST ~ 

I 

4 

5 

6 

paragraph: 

“(6) planted in calendar year 1988 for harvest in 

1989.”. 

TOamend 

limita 

that t 

ofba] 

7 

SEC.7.APPLICATIONSFORASSISTANCE. 

8 

9 

Section 232(a)(2)of the Disaster Assistance Act of 1988 

(7 U.S.C. 1421 note) is amended by inserting after 

m 

10 

“March 31, 1989” the following: “(or, in the case of a 

Mr.PRES$ 

11 

person eligible to receive payments for crops specifiedin sec- 

12 

tion 201(c)(4)(A)(i)or 202(d)(l)(A), the date that is 180 days 

13 

after the date of enactment of the Disaster Assistance Act of 

14 

1989)”. 

To amel 

o 

acrt 

crol 

crol 

for 

# 

i 

‘ 

1 

2 tiue 

3 SE( 

4 

5 

6 19! 

7 Ac 

●S 1012Is 

1 

k ...=:.,,


-----No. 13 of 37----------------------- 

S. 1088 by EXON (D-NE) -- Medicaid Community and Facility Habilitation 

Services Amendments of 1989 


A bill to amend Title XIX of the Social Security Act to improve the provision and 

quality of services to individuals with mental retardation or related condition. 








Remarks by DODD (D-CT) in “Congressional Record” (CR Page S-5842) 

Abstract 


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. Sets forth standards for 

the provision of community habilitation and supportive services and habilitation facility 

services. Provides for the enforcement of such standards. 

Digest 


● 

Medicaid Community and Facility Habilitation Sewices Amendments of 1989 

Title 1: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 service 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 sewices 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 title II of 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. 

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. 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 Secreta~. 

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 client 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 habiiitation 

services to individuals who have been discharged from a skilled nursing or 

intermediate care facility. 

Directs the Secretaty to report to the Congress 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. 

Title II: 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 careandtreatmentof mentaldiseases.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, 1991, 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 biological, 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 

facilitysafetyandsanitation;and(11)meet such other conditions which the Secretary 

of Health and Human Services deemsnecessary 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) survey results be posted in a place that is readily 

accessible to clients. 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. 

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 Secretaty 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. 

Title Ill: Appropriate Placement for Individuals with Mental Retardation or 

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 habiiitation and supportive services. Directs that 

suchpreadmissionandannualreviews be conducted in accordance with criteria to be 

developed by the Secretary by July 1, 1990. 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. 

Title IV: Payment for Community Habilitation Services and Habilitation 

Facility Services 

Covers the reasonable and adequate costs of community habilitation and 

supportive services and habilitation facility services. Prohibits Medicaid 

reimbursement of providers or facilities for civil monetary penalties imposed pursuant 

to this Act. 

Title V: 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.

$s’ 

shall be sub- 

LBUSINESS. 

ce Act of 1988(7 

101STCONGRESS 

ISTSESS1”N s. 1088 

ToamendtitleXIXoftheSocialSecurityActto improvetheprovisionand 

qualityofservicesto individualswithmentalretardationorrelatedcondition. 

conditionin 1988” 

damage or destruc- 

1989”; and 

Ire the period. 

~ THE SENATE OF THE ~TED STATES 

MAY31 (legislativeday,JANUARY 3),1989 

Mr.EXON(forhimself,Mr.FORD,Mr.STEVENS, andMr.DODD) introducedthe 

folIowingbill;whichwasreadtwiceandreferredto theCommitteeonFinance 

promulgate re@aannual 

crops from 

Federal crop insur- 

Act (7 U.s.c. 1501 

To 

1 

2 

3 

4 

5 

6 

7 

8 

A BILL 

amend title XIX of the Social Security Act to improve the 

provision and quality of services to individuals with mental 

retardation or related condition. 

Be it enactedby the Senate and Howe of Representativesof 


SECTIONI. SHOR TITLE;TABLEoF comms. 

(a) SHORT ‘J!ITLĖ—This Act may be cited as the 

“Medicaid Community and Facility Habilitation Services 

Amendmentsof 1989”. 

(b) TABLEOF CoNTENTS.—Thetable of contents of 

this Act is as follows: 

.*.>,

E 

Sec.1. Shortitle;tableofcontents. 

k 

p TITLEI—CO~ YHABILITATION ANDsuPPORm SERVICES 

~ ṭ.! 

Sec.101.community habilitation andsupportive servicesm optional, statewide, 

, 

~+ 

service. 

\ Sec.102.Qualityaasurmce forcommunity habilitation andsupportive services. 

see.103.Eliminating priorinstitutionalizaticm requirement underwaiverauthority. 

Sec.104.~uai report. 

. 

2 

TITLEII-QUALITYASSHCE FORHABHATIONFACILITY 

SERVICES 

> 

Sec.201. Requirements forhabilitation facilities. 

Sec.202. Surveyandcer%cation process. 

Sec.203. Enforcement process. 

Sec.204. Effective dates. 

Sec.205. Annual report. 

TITLEIII-APPROPRIATE 

PLACEMENT FORIND~UALS WITH 

MENTALRETARDATION ORRELATEDCONDITION 

Sec.301. Statepreadmission screening andannual client reviewrequirements. 

Sec.302. Revision ofutilization reviewprovisions. 

TITLEIV-PAYMENTFORCO~ HABILITATION SERVICES 

ANDHABILITATION FACILITYSERVICES 

Sec.401.Payment forcommunity habilitation services. 

TITLEV—EWLOYEE PROTECTIONS AND~CE~OUS 

Sec.501.Employee protections forclosureandreductions incapacity. 

I 

Sec.502.UseofStatedevelopmental disabilities agencyincertainmedicaid admin- 

1 istrativefunctions. 

1TITLEI—COMMUNITY HABILITA- 

~g 

;., 

:i, ~= 

2 

~. 

TION AND SUPPORTIVESERV- 

;; 

s, ~; 

3 

ẏ.. 

ICES 

$: 

s> 4 SEC.101.COMMUN ITYHABILITATION ANDsupportive SERV- 

@: 

c~. .. ! 

5 ICESASOPTIONAL, STATEWIDE, SERVICE. 

~; 

.+, ~; 6 (a) PROVISIONASOPTIONAL,STATEWIDESERVICE.— 

E 

&f 

7 Section 1905(a) of the Social Security Act (42 U.S.C. 

8 1396d(a))is amended— 

9 (1) by striking “and” at the end of paragraph 

10 (20), 

~.,.. 

L 

●S 1088IS

-. 

3 

PORT~ SERVICES 

9as option~,statem”de, 

supportive services. 

underwaiverauthority. 

‘ATIONFAC~Ty 

6 ices (as defined in section 1926(a)) fol 

1 (2) by redesignating paragraph (21) as paragraph 

g (22), and 

3 (3) by inserting after para~aph (20) the following 

4 new paragraph: 

5 “(21) communityhabilitation and supportive servindividualswith 

7 mental retardation or related conditions (as defined in 

~rVIDUALSWITH 

30NDITION 

IViewrequirements. 

FATIONSERVICES 

VICES 

SCE-OUS 

1capacity. 

:ertainmedicaida.dmiu- 

IABILITA. 

?E SERV- 

‘PORTIVESERV- 

, SERVICE. 

DE SERVICE.— 

8 subsection (m)) without regard to whether or not indi- 

9 viduals who receive such services have been discharged 

10 from a nursing facility or habi.litationfacility; and”. 

11 (b) DEFINITIONOF COMMUNI TY E4BILITAT10NAND 

12 SUPPORTIVESERvIcEs.-Title XIX of such Act, as arnend- 

13 ed by section 303(a) of the Family 

14 &ublic Law 100-485), is mended— 

15 (1) by redesignating section 1926 as section 1928, 

16 and 

Support Act of 1988 

17 (2) by inserting after section 1925 the following 

18 new section: 

19 “COMMUNI TYHABILITATIONANDSUPPORTIVESERVIGES 

20 “SEc. 1926. (a) COMMUNITYE4B~ITAT10N - SuP- 

21 pORTIVESERVICESI)EFINED.-h this title, the term ‘com- 

.ct (42 

u.S.C. 

22 m~ty habi.litationand supportiveservices’— 

23 “(1) means services designed— 

24 “(A) to assist individualsin acquiring, retain- 

25 ing, and improving self-help, socialization, and 

. .~ 

●s 1088Is

1 

2 

3 

4 

5 

6 

4 

adaptive skills necessary to function successfully 

in a home or community-basedsetting, 

“(B) to assist individuals in participating ~ 

communityor other activities; and 

“(2) includes (except as provided in paragraph (3)) 

such prevocational, education, supported employment, 

7 

and other supportive services, inclutig 

transportation, 

11 

12 

13 

functional assistive technologies and devices, and respite 

care services, as the State determines to be necessary 

and effectivein promoting the individual’scapability 

to engage in major life activities with other individuals, 

including employment and participation in community 

activities; but 

“(3) does not include— 

“(A) special education and related services 

(as defined in section 602 (16) and (1?) of the 

! 

17 

18 

19 

20 

21 

22 

$ 

23 

25 

26 

Education of the Handicapped Act (2o U.S.(’. 

1401 (16), (17)) which otherwise are availabletO 

the individual through a local educational agency, 

and 

“(B) vocational rehabilitation services which 

otherwise are available to the individualthrougha 

program funded under section 110 of the Rehabilitation 

Act of 1973 (29 U.S.C. 730); 

“(4) does not include room and board, consist~g 

of nonpersonnelcosts directly attributable to— 

●s lo8~Is

“-””Y 

lction success~y 

etting, 

n participating ~ 

[d 

in paragraph (3)) 

rted emplo~ent, 

~g transportation, 

devices, and resines 

to be neces. 

dividual’scapabilith 

other individicipation 

in comrelated 

services 

and (17) of the 

Act (2o U.S.C. 

e are availableto 

ucational agency, 

n services which 

ividualthrougha 

10 of the Reha- 

. 730); 

board, consis~~ 

ble to— 

i 

I 

5 

1 “(A) the purchase of food on behalf of 

●7. clients, 

3 ,. “(B) the cost of property, 

4 

5 

6 

7 

8 

9 

10 

11 

la 

13 

14 

15 

16 

17 

18 

19 

20 

~1 

22 

23 

24 

25 

“(C) the purchase of household supplies not 

otherwise employed in the provision of covered 

services, 

“(D) utility expenses, and 

“(E) costs of facility maintenance, upkeep, 

and improvement, other than such costs for modifications 

or adaptations to a facility required to 

assure the health and safety of residents or to 

meet the requirements of the applicablelife safety 

code, and 

“(5) does not include payments made, directly or 

indirectly, to members of the family of the individual 

receiving such services.”. 

(c)ImmDuAL WITHMENTALRETARDATIONORRE- 

LATEDCONDITIONDEFINED. -Section 

1905 of such Act 

(42 U.S.C. 1396d) is amended by inserting after subsection 

(1)the followingnew subsection: 

“(m) The term ‘individual with mental retardation or 

related condition’means an individual with mental retardation 

or an individual who has a severe, chronic disability 

that— 

●S 1088IS 

“(1) is attributable—

!? 

i ..” 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

6 

“(A) to cerebral palsy or epilepsy, 

“(B) to any other condition, other thm 

mental illness, found to be closely related t. 

mental retardation because this condition results 

in impairment of general intellectual ~ctioning 

or adaptive behavior “similar to that of mentally 

retarded persons, and requires treatment or services 

similar to those required for these persons; 

“(2) is manifested before the person reaches age 

22; 

“(3) is likely to continue indefinitely; and 

“(4) results in substantial functional limitationsin 

3 or more of the following areas of major life activity: 

self-care, understanding and use of language, learning, 

mobility, self-direction, and capacity for independent 

living.”. 

(d)CONFORmGAMENDMENTS.— 

(1) Section 1905(d) of such Act (42 U.S.C. 

1396d(d))is arnended— 

(A) by st*g “the mentally retarded or 

persons with related conditions” and inserting 

“individuals with mental retardation or related 

condition”, 

●S 1088IS 

-- ----

I 

.dition, other thm 

closely related ~ 

is condition res~ts 

llectual functiofig 

o that of menta~y 

treatment or sew. 

r these persons; 

~ersonreaches age 

itely; and 

ional limitationsin 

major life activity: 

anguage, learning, 

y for independent 

Act (42 U.S.C. 

Ltallyretarded or 

.s” and inserttig 

dation or related 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

7 

(B) by striking “mentally retarded individuals” 

in paragraph (1) and inserting “individuals 

with mental retardation”, and 

(C) by striking “the menta~y retarded 

individual” in paragraph (2) and inserting “the 

individual with mental retardation or related 

condition”. 

(2) Section 1915(c) of such Act (42 U.S.C. 

1395n) is amended— 

(A) in paragraph (4)(B),by striking “habilitation” 

and inserting “community habilitation and 

supportive”, and 

(B) by striking paragraph (5). 

(3) Section 1919(e)(7)(G)(ii) of such Act (42 

U.S.C. 1396r(e)(7)(G)(i))is amended by striking “mentally 

retarded or a person with a related condition (as 

described in section 1905(d))” Wd inserting “an in~vidual 

with mental retardation or related condition”. 

(4) 

1396a(j)) 

“(22)”. 

(5) 

Section 1902(j) of such Act (42 U.S.C. 

is amended by striking “(21)” and inserting 

Section 1902(a)(10)(C)(iv)of such 

Act (42 

U.S.C. 1396a(a)(10)(C)(iv))is amended by striking 

“through (20)” and inserting “through (21)”.

! 

1 

2 

3 

5 

6 

b 9 

10 

7 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

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25 

section 

8 

(f) EFFECTIVEDATE.—The amendments made by this 

apply to services furnished on or after January I, 

1990, Withoutregard to whether or not ~al redations to 

carry out such amendmentshave been prom~gated by such 

date. 

(g) NO AI3ROGATIONOF 

Nothing in this section shall be 

4 

FREEDOMOF OHOICE.— 

construed as abrogating the 

right of medicaid clients to freedom of choice, ~der 

section 

1902(a)(23) of the Social Security Act, with respect to the 

providersfrom whom they can receive covered services. 

SEC.102.QUALITYASSURANCE 

FORCOMMUNITYHARILITA- 

TIONANDSUPPORTIVE 

SERVICES. 

section 1926 of the Social Security Act, as insertedby 

section IOl(a) of this Act, is amended by adding at the end 

the followingnew subsections: 

TIoN.—The objectives of 

“(b) INDEPENDENCE, PRoDucTmTy, ANDINTEGRAcommunity 

habilitation and supportive 

services are to expand opportunities for independence, 

productivity, and integration into the communityfor 

individualswith mental retardation and related conditions. 

“(c)timu~ 

SERVICEPLMs.— 

“(1) REQUIREMENT. -COrnmUnity 

habilitation 

and supportive servicesmust be provided in accordance 

with an individual service plan (in this section referred 

to as an ‘lSP’) which states specific objectivesneces- 

●s 1088Is

tints made by this 

after January 1, 

nal regulations to 

mulgatedby such 

OF CHOICE.—— 

as abrogating the 

ice,under section 

th respect to the 

ed services. 

ITY HABILITA- 

CES. 

ct,as inserted by 

ddingat the end 

, ANDINTEGRAitationand 

supes 

for independecommunity 

for 

ed conditions. 

lity habilitation 

ed in accordance 

s section referred 

ob;ecti~~esneces- 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

~,~ 

9 

sary to meet some or all of the client’s needs, as identified 

in the comprehensivefunctional assessment conducted 

under subsection (d). In addition, the ISP shall 

include a description of the medical care service needs 

of the client, as identified by the client’s physician. 

Nothing in this paragraph shall be construed as requiring 

a State to make available medical assistance under 

this title for all types or elements of community habilitation 

and supportive services. If a State provides such 

medical assistance for some or all such types or elements 

and an ISP identifies such types or elements 

with respect to a client, the medical assistance shall be 

made available under this title for those types and elements 

for that client under the ISP. 

“(2) Preparation.-Each ISP for a client shall 

be prepared, before the date community habilitation 

and supportive services are first provided to the client 

under this title, by an appropriate interdisciplinary 

team and shall be periodicallyreviewed and revised by 

such a team after each assessmentunder subsection 

(d). 

“(3) REQUIREDPARTIGIPATIONIN DEVELOP- 

MENTOF IsP.—In developkg an ISP for a client, the 

team shall notify, and provide for and encourage the 

participation of, the client, the client’s parents (if the

10 

client is a minor), and the client’s legal guardian (if 

any). 

“(4) PERMISSIVEPARTICIPATIONOF PARENTS 

OF ADULTCLIENTS.-A parent (if the client is not a 

minor) who is not a legal guardian of the client may 

participate in developingthe ISP tiess 

the cfient has 

objectedto the parent’s participation. 

“’(5) AVAILABILITY.-Acopy of each ISP must, 

consistent with the client’s right to confidentialitydescribed 

in section 1927(c)(l)(A)(iv),be made accessible 

to all relevant providers, including other providers who 

work with the client, and to the client’s parents and 

legal guardian (if any). 

“(d) COMPREHENSIVE FUNCTIONALASSESSMENT.— 

“(1) REQUIREMENT. —The State must provide 

that each individual who receives community habilitation 

and supportiveservices under the State plan under 

this title must have had a comprehensivefunctionalassessment 

and must have such an assessment periodically 

reviewed. Such an assessment and review must be 

conductedby an interdisciplinaryteam. Such an assessment 

and review must identify each client’s developmental 

and behavioral management needs. 

“(2) FREQUENCY.— 

L 

*S [988 1s

.-. 

Dgalguardian (if 

IN OF P~ENTs 

e client is not a 

f the client may 

ss the client has 

[ each ISP must, 

~onfidentialityde- 

} made accessible 

ler providers who 

>nt’sparents and 

.SSESSMENT.— 

be must provide 

nmunity habilita- 

State plan under 

ive functionalassment 

periodicalreview 

must be 

. Such an assessclient’s 

developed. 

1 

2 

‘3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

11 11 

“(A) Assessments.-Such 

an assessment 

must be conducted before the receipt of community 

habil.itationand supportive services under this 

title. 

“@) REVIEWS.—A review of each such assessment 

shall be performed in no case less often 

than once every 12 months. 

“(3) USE.—!L’heresults of such an assessment or 

review shall be used in developing, reviewing, and revising 

the client’sISP under subsection(c). 

“(e) MIMMUMREQUIREMENTSFORSERVICES. -COmmunity 

habilitation md supportive services provided under 

this title must meet such requirements for clients’rights and 

quality, consistent with the objectivesdescribedin subsection 

(b), as are published or developed by the Secretary under 

subsection(i). Such requirements shall include— 

“(1) minimum qualifications for personnel provid- 

ing such services, 

for 

“(2) guidelines for such minimum compensation 

personnel as 

will assure the availability and conti- 

nuity of qualifiedpersonnel to provide such services for 

clients of various levels of impairment, and 

“(3) a specificationof clients’ rights, includingthe 

rights described in clauses (i) through (iv), (vi), (vii), 

and (xi) of section 1927(c)(I)(A). 

●s 108815

$. 

: 

k 

1 “(f,) MINIMUMREQUIREMENTSFOR RESIDENTIAL 

,1 

., “. 2 SETTINGS.— 

. 

12 

3 “(1) CLIENTS’RIGHTSANDA.DMI~STRATION.- 

4 A residential setting in which one or more community 

5 habilitation or supportive services are provided must 

6 meet the requirements of— 

7 

“(A) section 1927(c)(I) (relating to clients’ 

8 rights), and 

9 

“(B) section 1927(d) (relating to administration 

and other matters), 

10 

11 in the same manner as such requirements apply to habilitation 

facilities under such section; except that, in 

12 

13 applying the requirement of section 1927(d)(2)(relating 

14 

to life safety code), the Secretary shall provide for the 

15 

application of such life safety requirements (if any) that 

16 

are appropriate to the residential setting. 

17 

“(2) DISCLOSUREOF OWNERSHIPANDCONTROL 

18 

INTERESTSAND EXCLUSIONOF REPEATEDVIOLA- 

19 

TORS.—Aresidential setting— 

20 

“(A) must disclose persons 

with an owner- 

, 

21 

22 

ship or control interest (includingsuch persons as 

defined in section l124(a)(3)) in the setting, ~d 

Ị t 

i 

23 

“(B) may not have, as a 

person with m 

24 

ownership or control interest in 

the setting, -my 

25 

individud or person who has been excluded from 

●s 1088Is

-— 

RESIDENTU 

ISTRATION.- 

Ire community 

)rovided must 

ng to clients’ 

to administra- 

; apply to ha- 

~cept that, in 

:d)(2)(relating 

rovide for the 

s (if any) that 

ND CONTROL 

!ATEDTTOLA- 

~th an owner- 

1 

ch persons as 

setting, and 

rson with ~ 

I 

setting, .~y 

I 

excluded from 

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13 

participation in the 

program under this title or 

who has had such an ownershipor control interest 

in one or more residential settings which have 

been found repeatedly to have provided care of 

substandard quality in the setting. 

“(3) CONTINUATIONOF ACTIVETREATMENT 

FOR CERTAINCLIENTSUPONCONVERSIONFROMA 

H.ARILITATION FAcILITY.-If part or all of a facility 

converts from 

an habilitation facility to a residential 

setting, each client who was a resident of the portion 

of the facility so converted at the time of the conversion 

and who, under the client’s individual program 

plan at such time, required continuousactive treatment 

(as definedin section 1927@)(2)(A)),the residential setting 

must continue to provide for (or arrange for the 

provisionof) continuous active treatment (as so defined) 

so long as such client resides in the setting and continues 

to require such active treatment. Nothing in section 

1902(a)(10)(13) shall be construed as req~g 

medical assistance made available under the previous 

sentence to be made available to individuals not describedin 

such sentence. 

“(4) DOCUMENTATION OF RECEIPTOF MEDICAL 

CARESERVICES.-A residential setting must include, 

in the clinical records of each client, documentation of 

>< -. --

q 

.. 

F 

1 

14 

the provision of medical cue 

services to the client. 

* 

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9 

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Nothing in this paragraph shall be construed as requiring 

a State to mde available medical assistance under 

this title for all types or elements of med.icare care 

services for such clients. 

“~) SDVEY ANDCERT~ICATIONPROCESS.– 

“(1) RESPONSIBILITIESOFTHE STATE.— 

“(A) h 

GENERAL. —Subject to paragraph 

(2), under each State plan under this title, the 

State shall be responsible for certifying the compliance 

of providers of community habilitation and 

supportive services, and of residential settings in 

which such services are provided, with the requirements 

of subsections(e) and (f). 

“@) EDUCATIONALpROQR~.—Each State 

shall conduct periodic educational programs for 

the staff and clients in residential settings in 

which communityhabilitation and supportive services 

are provided, and the parents (if the client is 

a minor) and legal guardians (if any) of such clients, 

in order to present current regulations, procedures, 

and policiesunder this section. 

23 

“(C) tiSTIGATION 

OF ALLEGATIONSOF 

24 

25 

CLIENTNEGLECTANDABUSEANDMISAPPROP- 

RIATION OF CLIENT PROPERTY.—l’heState 

I 

1 

k...... 

●s 1088Is

;es to the client. 

nstrued as requir. 

1assistance under 

of medicare care 

OCESS.— 

STATE.— 

ct to paragraph 

er this title, the 

rtifyingthe comhabilitation 

and 

ential settings in 

cd, with the re- 

(f). 

’.—Each State 

al programs for 

ntial settings in 

supportive servts(if 

the client is 

any) of such cliregulations, 

proection. 

LE~ATIONSOF 

ANDMISApPBO- 

TY.—The State 

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shall provide, through the agency responsible for 

surveys and certificationof providers of community 

habilitation and supportive services and residential 

settings under this subsection, for a process 

for the receipt, review, and investigation of allegations 

of client neglect and abuse (includingin- 

juries of 

unknown source) by personnel providing 

such services and of misappropriation of client 

property by such personnel. Such process shall 

provide for documentation of findings relating to 

such allegations with respect to an individual, for 

inclusion of any brief statement of the individual 

disputing such findings, and for inclusion, in any 

disclosure of such findings, of such brief statement 

(or of a clear and accurate surnmary thereof). The 

findings relating to such allegations shall be made 

available, on request, to the State protection and 

advocacy system established under part C of the 

Developmental Disabilities Assistance and Bill of 

Rights Act and to other appropriate agency or 

agencies with whom a client, parent, or guardian 

may file a complaint respecting client abuse and 

neglect and misappropriationof client property. 

“(D) CONSTRUCTION.—The failure of the 

Secretary to issue re@ations 

to carry out this 

----- 

●s 1088Is

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subsectionshall not relieve a State of its responsibility 

under this subsection. 

“(2) RESPONSIBILITIESOF THE SECRETARY.— 

The Secretary shall be responsible for certifying the 

complianceof State providers of communityhabi.litation 

and supportive services, and of State residential settings 

in which such services are provided, with the requirements 

of subsections(e) and (f,). 

“(3) fiEQUENCY OF CERTIFICATIONS.-OeI’tification 

of providers and settings under this subsection 

shall occur no less frequently than once every 12 

months. 

“(4) SURVEYSANDREVIEWS.— 

“(A) SmWYS OF RESIDENTIAL.iSET- 

Tm~S.—The certification under this subsection 

with respect to a setting must be based on a 

survey. Such survey for a residential setting must 

be conducted without prior notice to the setting. 

Any individualwho notifies (or causes to be notified) 

a residential setting of the time or date on 

which such a survey is scheduled to be conducted 

is subject to a civil money penalty of not to 

exceed $2,000. The provisions of section 1128A 

(other than subsections (a) and (b)) shall apply to 

a ci~ money penalty under the previous sentence 

*“-.... .,= 

●S 108R1s

Ie of its responsi. 

q SECRET=Y.— 

‘or certifying the 

unity habilitation 

e residential setded, 

with the re- 

1 

2 

3 

4 

5 

6 

7 

17 

in the same manner as 

penalty or proceeding 

such provisions apply to a 

under section 

l128A(a). 

The Secretary shall review each State’s procedures 

for scheduling and conduct such surveys to 

assure that the State has taken all reasonable 

steps to avoid giving notice of such a survey 

through the scheduling procedures and the con- 

1TIONS.—Certifir 

this subsection 

1once every 12 

8 

9 

10 

11 

duct of the surveys themselves. 

“@) SURVEYPROTOCOL .—Surveys under 

this paragraph shall be conducted upon a protocol 

which the Secretary has provided for under sub- 

12 

section (i). 

IDENTIAL SETr 

this subsection 

J be based on a 

ntial setting must 

ce to the setting. 

~ausesto be noti- 

! time or date on 

d to be conducted 

,enalty of not to 

of section 1128A 

b)) shall apply to 

previous sentence 

, 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

“(C) PROHIBITIONOF CONFLICTOF INTER- 

EST m SURVEYTEAMMEM13ERSHIP.-AState 

and the Secretary may not use as a member of a 

survey team under this paragraph an individual 

who is serving (or has served within the previous 

2 years) as a member of the staff of, or as a consultant 

to, the provider or residential setting being 

surveyed (or the person responsible for such setting) 

respecting compliance~th 

of subsections(e) and (f) or 

familialfinancial interest in 

being surveyed. 

the requirements 

who has a personal or 

the provider or setting 

s 1088 1s——2

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● 

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“(D) TRAININGREQUIRED.-~O individual 

shall serve on or after January 

1, 1992, as a 

member of a survey team under this paragraph or 

paragraph (5) unless the individualhas successtily 

completed a training and testing program in 

survey and certification techniques that has been 

approved by the Secretary under subsection (i)(3). 

“@) REVIEWSOF PRovIDERs.-The certification 

under this subsectionwith respect to a provider 

(other than with respect to a residential setting) 

must be based on a periodic review of the 

provider’sperformance. 

“(5) VfiIDATIONsmvEYs ANDREVIEWS.— 

“(A) R 

GENERAL. —The Secretary shall 

conduct onsite surveys of a representative sample 

of residential settings in each State, within 2 

months of the date of surveys conducted under 

paragraph (4) by the State, in a sufficientnumber 

to allow inferences about the adequacies of each 

State’s surveys conducted under paragraph (4). In 

conducting such surveys, the Secretary shall use 

the same survey protocols as the State is required 

to use under paragraph (4). If the State has determined 

that an individual setting meets the requirements 

of subsection(e) and (f), but the Secre- 

. .. ... 

●S 1088IS

–NO individu~ 

1, 1992, as a 

Lisparagraph or 

has success~. 

ing program ~ 

\ that has been 

;ubsection(i)(3). 

s.—The certifi. 

Sspectto a proresidential 

set- 

! review of the 

IEVIEWS.— 

Secretary shall 

sentative sample 

State, within 2 

~onductedunder 

ufficient nuber 

}quaciesof each 

aragraph (4). ~ 

retary shall use 

State is required 

State has determents 

the re- 

1,but the Secre- 

1 

2 

3 

4 

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10 

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tary determines that the setting does not meet 

such requirements, the Secretary’s determination 

as to the setting’s noncompliancewith such requirements 

is binding and supersedes that of the 

State survey. 

“~) SPECIALSURVEYSANDREVIEWSOF 

coMPL~cE.—Where the Secretary has reason 

to question the complianceof a provider or setting 

with any of the requirements of subsections (e) 

and (f), the Secretary may conduct a survey of the 

setting or a review of the provider and, on the 

basis of that survey or review, mahe independent 

and binding determinations concerning the extent 

to which the setting or provider meets such 

requirements. 

“(6) INVESTIGATIONOF COMPLAINTSANDMONI- 

TORING HABILITATIONFACILITY COMPLIANCE.— 

Each State and the Secretary shall maintain procedures 

and adequate staff to investigate complaints of 

violations of requirements by providers of community 

habilitation and supportive services or by residential 

settings in which such services are provided. 

“(7) DISCLOSUREOF RESULTSOF ~SPECTIONS 

ANDACTMTIES.— 

-A. 

●s 1088Is

1 

2 

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“(A) WLIC 

q ,..% *... 

~ 

20 ., .. 

INFORMATION. -Each 

state, 

and the Secretary, shall make available to the 

public— 

“(i) information respecting all surveys, “ 

reviews, and certifications made under this 

subsection respecting providers and settings, 

including statements of deficienciesand plans 

of correction, 

“(ii) copies of cost reports (if any) of 

such providers and settings filed under this 

title, 

“(iii) copies of statements of ownership 

under section 1124, and 

1126. 

“(iv) information disclosedunder section 

“@) NOTIcETo PROTEcTIONANDADvocA- 

CYSYS!rEM.-Each State shall notify the agency 

18 

19 

20 

21 

22 

responsible 

system for 

established 

Disabilities 

the State’s 

for the protection and advocacy 

developmentally disabled individuals 

under part C of the Developmental 

Assistance and Bill of Rights Act of 

findings of noncompliancewith any of 

23 

24 

the requirements of subsections(e) and (f)with respect 

to a provider or setting in the State.

..,. 

.... 

‘.—Each State, 

1vailable to the 

[ 

g 

all surveys, 

ade under this 

rsand settings, 

ncies and plans 

orts (if any) of 

filed under this 

ts of ownership 

d under section 

NANDADVOCAotifythe 

agency 

and advocacy 

bled individuals 

Developmental 

f Rights Act of 

ce with any of 

) and (f)with ‘ee 

State. 

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g 

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25 

21 

“(C) NOTICETO FAMILY.-U a State finds 

that a provider or setting has protided services of 

substandard quality, the State shall notify the 

parent (if the client is a minor), or legal guardian 

(if any) of each client with respect to which such 

findingis made. 

“(D) ACCESSTOFRAUDCONTROLUNITS.— 

Each State shall provide its State medicaid fraud 

and abuse control unit (established under section 

Igos(q)) With access to all information Of the 

State agency responsiblefor surveys, reviews, and 

certificationsunder this subsection. 

“(h) ENFORCEMENT PROCESS.— 

of a 

“(1) h GENERAL. —If a Statefinds, on the basis 

survey or review under subsection (f)(2) or 

otherwise, that a provider of community habilitation 

and supportive services or a residential setting in 

which such services me provided no longer meets the 

requirements of this section, and further finds that the 

provider’sor settirig’sdeficiencies— 

“(A) immediately jeopardize the health or 

safety of its clients, the State shall take immediate 

action to remove the jeopardy and correct the 

deficienciesthrough the remedy specifiedin para- 

~aph 

(2)(A)(M),or ~erminate the Pro~der’s Or 

*. 

●S1088IS

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setting’s participation under the State plan ~d 

may provide, in addition, for one or more of the 

other remedies describedin paragraph (2); or 

“(B) do not immediately jeopardize the 

health or safety of its clients, the State may— 

“(i) terminate the provider’s or setting’s 

participation under the State plan, 

“(ii) provide for one or more of the remedies 

describedin paragraph (2), or 

“(iii)do both; 

but in any case in which the Secretary has not provided 

for a civil money penalty under paragraph (3)(C)(i), 

the State shall provide for a civil money penalty under 

paragraph (2)(A)(i)for each day in which the State 

finds that the provider or setting was not in compliance 

with such requirements. Nothing in this paragraph 

shall be construed as restricting the remedies available 

to a State to remedy a provider’s or setting’s deficiencies. 

If the State finds that a provider or setting meets 

such requirements but, as of a previous period, did not 

meet such requirements, the State shall provide for & 

civil money penalty under subparagraph (C)(ii)for the 

days on which it finds that the provider or setting Was 

not in compliancewith such requirements. 

“(2) SPECIFIEDREMEDIES.— 

I 

4 

~~II12Q 

Ts

.e or more of the 

~aph (2); or 

‘ jeopardize the 

State may— 

ider’s or setting’s 

?plan, 

more of the rern- 

(2), or 

y has not provid- 

~ragraph(3)(C)(i), 

Leypenalty under 

which the State 

not in compliance 

~ this paragraph 

emedies available 

setting’s deficien- 

*or setting meets 

USperiod, did not 

lall provide for a 

Lph(C)(ii)for the 

ler or setting was 

~nts. 

~ 

! 

I 

I 

1 

2 

‘3 

4 

5 

6 

7 

8 

9 

I ! 10 

11 

1 

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13 

14 

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16 

17 

18 

19 

20 

21 

22 

23 

24 

23 

“(A) LISTING.—Except as provided in subparagraph 

(B)(ii),each State shall establish by law 

(whether statute or regulation) at least the following 

remedies: 

“(i) Denial of payment under the State 

plan with respect to any individual admitted 

to a residential setting involved after such 

notice to the public and to the setting as 

may be provided for by the State. 

“(ii) A civil money penalty assessed and 

collected, with interest, for each day in 

which the provider or setting is or was out of 

compliance with a requirement of this section. 

Funds collected by a State as a result 

of impositionof such a penalty (or as a result 

of the imposition by the State of a civil 

money penalty for activities describedin subsection 

(g)(A)(A))shall be applied to the protection 

of the health or property of clients of 

providers of community habilitation and supportive 

services that the State or the Secretary 

finds deficient, including payment for 

the costs of relocation of clients, maintenance 

of operation of a provider pending correction

..,.-; 

1 

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5 

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13 

14 

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24 

of deficienciesor closure, and reimbursement 

of clients for personal funds lost. 

“(iii) The appointment of temporary 

management to oversee the operation of a 

residential setting and to assure the health 

and safety of the setting’s clients, where 

there is a need for temporary management 

while— 

“(I) there is an orderly closure of 

the setting, or 

“(II) improvements are made in 

order to bring the setting into compliance 

with all the requirements of this 

section. 

The temporary management under this 

clause shall not be terminated under subclause 

(19 util the State has determined 

that the setting has the management capability 

to ensure continued compliance with all 

the requirements of this section. 

“(iv) The authority, in the case of an 

emergency, to close a residential setting, to 

transfer clients in that setti.rlgto other settings, 

or both. 

!.-. 

●S 1088IS 

+.. 

. -.

25 

id reimbursement 

1 

The 

State also shall specify criteria, as to when 

lost. 

2 

and 

how each of such remedies is to be applied, 

It of temporary 

3 

the amounts of any fines, and the severity of each 

~ operation of a 

4 

of these remedies, to be used in the imposition of 

,ssure the health 

5 

such remedies. Such criteria shall be designed so 

s clients, where 

6 

as to minimizethe time between the identification 

ary management 

7 

of violations and final imposition of the remedies 

8 

and shall provide for the imposition of incremen- 

rderly closure of 

9 

tally more severe fines for repeated or uncorrected 

10 

deficiencies. In addition, the State may provide 

ts are made in 

11 

for other specifiedremedies. 

No facility (public or 

ting into compli- 

12 

private) providing Medicaid services for mentally 

uirementsof this 

13 

retarded clients shall be subject to reduction or 

14 

closure plans, other than for confirmedviolations 

ent under this 

15 

of approved standards, without prior review of 

ated under sub- 

16 

such plans in a public hearing, conducted at least 

has determined 

17 

6 months in advance of the submission of such 

agementcapabilpliance 

with all 

I 

18 

19 

plans, wherein full opportunity has been provided 

for staff, clients, parents, guardians, duly author- 

ion. 

20 

ized representatives, and members of the public to 

the case of an 

21 

express their views. 

ential setting, to 

22 

“(B) CLOSURE.—In the event that closure of 

ing to other set- 

23 

a facility is determined, the State should provide 

24 

advance notice of the proposed closure (90 days) 

25 

to the staff, residents, their guardians, families, 

. 

●S 1088IS

1 

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10 

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12 

13 

14 

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16 

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20 

21 

22 

23 

24 

25 

26 

and duly authorized representatives. The State 

should assure that all residents beingtransferred 

are, in fact, being transferred or moved to a facility 

that is able to provide the required services and 

care. The facility should not be closed until w 

residents have been properly and satisfactorily 

located. 

“(C) TRANSFER. —A facility may not transfer 

or discharge a client following prescribed procedures 

including advance notice to parents, 

guardians, or duly authorized representatives, 

until 

with 

been 

Cilitj 

satisfactory arrangements have been made 

the receiving facility and assurances have 

obtained to the effect that the receiving fais 

fully capable of providing the required 

care and services. In the event that the facilityto 

which the client is transferred is unable to provide 

the required care and services, the client is to be 

returned to the 

at such facility 

arranged. 

transferring facility and retained 

Until a satisfactory transfer is 

“(D) DEADLINEANDGUIDA.NCE.-ASa COndition 

for approval of a State plan for Calendar 

quarters beginning on or after January 1, 1990~ 

each State shall establish the remedies described 

i 

-. ●S 1088IS

27 

ves. The State 

1 

in clauses (i) through (iv) of subparagraph (A) by 

eing transferred 

2 

not later thm January 1, 1990. The Secretary 

oved to a facili. 

3 

shall provide, through regulations or otherwise by 

red services ~d 

4 

not later than July 1, 1989, guidance to States in 

closed until au 

5 

establishing such remedies; but the failure of the 

d satisfactotiy 

6 

Secretary to provide such guidance shall not re- 

7 

lieve a State of the responsibilityfor establishing 

may not trans- 

8 

such remedies. 

prescribed pro- 

9 

“(E) ASSUR~G PROnT 

GOMPLIANGE.-If 

e to parents, 

10 

a residential setting has not compliedwith any of 

‘epresentatives, 

11 

the requirements of this section within 3 months 

ve been made 

12 

after the date the setting is found to be out of 

~suranceshave 

13 

compliance with such requirements, the 

State 

e receiving fa- 

14 

shall impose the remedy described in subpara- 

; the required 

15 

graph (A)(i)for all individualswho are admitted to 

, the facflityto 

16 

the setting titer such date. 

~bleto provide 

17 

“~ mmG.—The reasonable expendi- 

client is to be 

18 

tures of a State to provide for temporary manage- 

r and retained 

19 

ment and other expenses associated with imple- 

ry transfer is 

20 

menting the remedies describedin clauses (iii)and 

21 

(iv) of subparagraph (A) shall be considered, for 

E.—As a con- 

22 

purposes of section 1903(a)(7),to be necessary for 

for Calendti 

23 

the proper and efficient administration of the 

Iuary 1, 1990~ 

edies described 

.....4. 

24 

25 

*SI08R IS 

State plan. 

“(3) SEeRETARU AUTHORITY.—

28 

“(A) FOR STATE PROVIDERSAND SET- 

TINGs.-With respect to a State protider of community 

habilitation and supportive sertices and a 

State residential setting in wfich such services 

F 

5 

6 

7 

8 

12 

15 

16 

18 

19 

20 

are provided, the Secretary shall have the authority 

and duties of a State under this subsection,including 

the authority to impose remedy described 

! 

in clauses (i) and (ii) of paragraph (2)(A), except 

that the remedy described in subparagraph (C)(i) 

i 

shall be substituted for the remedy described in 1 

paragraph (2)(A)(ii). 

I 

i 

“(B) OTHERPROVIDERSANDSETTINGS.— : 

With respect to any other provider of community 

habilitation and supportive services and any other 

residential setting in which such services are provided 

in a State, if the Secretary finds that a pro- 

vider or setting no longer meets a requirement of 

this section and further finds that the provider’s 

or setting’s deficiencies— 

“(i) immediately jeopardize the health 

or safety of its clients, the Secretary shall 

tahe immediate action to remove the jeopardy 

and correct the deficienciesthrough the 

i 

24 

L . E 

., 

25 

’.-..-. . - 

~. . . . . .-.. . .. . ..-.,-.— 

●S1088IS 

remedy specified in subparagraph (C)(ii),or 

terminate the provider’s or setting’s partici-

3 AND SET- 

~viderof comervices 

and a 

such services 

re the author- 

]ubsection,in- 

,edy described 

(2)(A), except 

aragraph (C)(i) 

y described in 

1 

i 

, 

1 

2. 

3 

4 

5 

6 

7 

8 

9 

10 

29 

pation under the State plan and may provide, 

in addition, for one or more of the other remedies 

describedin subparagraph (C); or 

“(ii) do not immediately jeopardize the 

health or safety of its clients, the Secretary 

mayimpose any of the remedies describedin 

subparagraph (C); 

but in any case the Secretary shall provide for a 

civil money penalty under paragraph (2)(A)(i)for 

each day in which the Secretary finds that the 

SETTINGS.— 

of community 

and any other 

rvicesare pro- 

.ndsthat a prorequirement 

Of 

the provider’s 

11 

12 

13 

14 

15 

16 

17 

18 

provider or setting was not in compliance with 

such requirements. Nothing in this subparagraph 

shall be construed as restricting the remedies 

available to the Secretary to remedy a provider’s 

or setting’s deficiencies. If the Secretary finds 

that a provider or setting meets such requirements 

but, as of a previous period, did not meet such requirements, 

the Secretary shall provide for a civil 

ize the health 

Secretary shall 

move the jeopiesthrough 

the 

aph (C)(ii),or 

etting’s partici- 

19 

20 

21 

22 

23 

24 

25 

money penalty under subparagraph (C)(i) for the 

days on which he finds that the provider or 

setting was not in compliance with such 

requirements. 

“(C) SPECIFIEDEEMEDIES.-If the Secretary 

finds that a provider or setting has not met 

an applicablerequirement:

1.’ 

I 

% 

30 

~ 

~: 

: .: 

1 

“(i) AUTHORITYWITH RESPECTTO 

; .: 

~. 

~, 

2 

Cm MONEYPENALTIEs.—The Secret~ 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

shall impose a civil money penalty in an. 

amount not to. exceed $10,000 for each day 

of noncompliance. The provisions of section 

1128A (other than subsections (a) and (b)) 

shall apply to a cid 

money penalty under 

the previous sentence in the same manner as 

such provisions apply to a penalty or proceeding 

under section l128A(a). 

“(ii) APPO~TMENT OF TEMPORARY 

MANAGEMENT.-h consultation with the 

State, the Secretary may appoint temporary 

management to oversee the operation of a 

residential setting and to assure the health 

and safety of the setting’s clients, where 

1 

..”. 

.-.. 

.3. +:. 

there is a need for temporary management 1 

while— 


the setting, or 

“~ improvements are made ~ 

order to bring the setting into compliance 

with all the requirements‘of this 

section. 

,;. 

-.. 

●S 1088IS 

-/

RESPECTTo 

-The Secretary 

penalty in an 

)0 for each day 

sions of section 

Ins (a) and (b)) 

~C”•€B”• penalty under 

jame manner as 

penalty or proa). 

1? TEMPORARY 

,tion with 

the 

?oint temporary 

operation of a 

sure the health 

clients, where 

ry management 

derly closure of 

s are made k 

ng into compliiements 

of this 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

31 

The temporary management under this 

clause shall not be terminated under subhas 

deter- 

clause (II) until the Secretary 

mined that the setting has the management 

capability to ensure continued compliance 

with all the requirements of this section. The 

Secretary shall specify criteria, as to when 

and how each of such remedies is to be applied, 

the amounts of any fines, and the severity 

of each of these remeties, to be used 

in the imposition of such remedies. Such criteria 

shall be designed so as to minimize the 

time between the identification of violations 

and final impositionof the remedies and shall 

provide for the imposition of incrementally 

more severe fines for repeated or uncorrected 

deficiencies. 

“(4) EFFECTIVEPERIODOF DENIALOF PAY- 

MENT.-A finding to deny payment under this subsection 

shall terminate when the State or Secretary (or 

both, as the case may be) finds that the provider or 

setting is in compliance with all the requirements of 

this section. 

“(i) SECRETARIALRESPONSIBILITIES.— 

.-.,.- . 

●S 1088IS

. 

1 

2 

3 

4 

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13 

14 

15 

16 

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18 

19 

20 

21 

22 

23 

24 

32 

~~(1) PUBLICATION OF ~TER~ REQ~E- 

MENTS.— 

~~(A) ~ ~ENERAL.-The secretary shall 

publish, by January 1) 

1990, an interim regulation 

that sets forth interim requirements, consistent 

~th 

subparagraph (B), for the provision of 

community habiliation 

inclutig— 

“(i) the reqtiements 

and supportive services, 

of subsection (b) 

(relat~g to objectives), of subsection (c) (relating 

to ISP’S), of subsection (d) (relating to 

comprehensive functional assessments), and 

of subsection (f) (relating to residential settings), 

~d 

“(ii) survey protocols (for use mder 

subsection (g)) wfich ‘elate ‘0 ‘Uch 

requirements. 

‘eqtiements 

“(B) MINKMTJMProtections*—bte* 

under 

subparagraph (A) and final req~ernents 

uder paragraph (2) shall assure> 

through methods other than reliance on State li- 

. . 

censure processes, that— 

“(i) ~dividuals receiving cornm~tY habilitation 

and supportive services are protect- 

1 

. .. . 

-—

REQUIRE. 

~retary shall 

;erim regulaents, 

consistprovision 

of 

;ive services, 

]ubsection (b) 

ection (c) (red) 

(relating to 

1ssments), and 

Ievidential setfor 

use under 

ate to such 

[ 

.—~terim re- 

‘) and final re- 

Ishall assure> 

~ce on State fi- 

1 ~Comunity ha- 

“cesare protect- 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

33 

ed from neglect, physical and sexual abuse, 

and financial exploitation; 

“(ii) individuals or entities delivering 

such services are not unjustly enriched as a 

result of abusive financial arrangements (such 

as owner lease-backs);and 

“(iii) individuals or entities delivering 

such services to clients, or relatives of such 

individuals, are prohibited from being named 

beneficiaries of life insurance policies purchased 

by (or on behalf of.)such clients. 

“(2) DEVELOPMENTOF FINAL REQUIRE- 

MENTs.—The Secretary shall develop, by not later 

than October 1, 1991— 

“(A) final requirements, consistent with paragraph 

(I)(B), respecting the provision of appropriate, 

quality communityhabilitation and supportive 

services under this title, and including at least the 

requirements referred to in paragraph (l)(A)(i), 

and 

“@) survey protocols and methods for evaluating 

and assuring the quality of such services. 

The Secretary may, from time to time, revise such requirements, 

protocols, and methods. 

*.. 

S 1088 IS——3

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

“(3) 

Secretary 

1990, for 

34 

bPROVAL OF TEAINING PR()~BuS.-The 

shall provide, by not later than October I, 

the approval of comprehensive training pro- 

grams of State and Federal surveyors in the conduct of 

surveys under paragraphs (4) and (5) of subsection (g), 

“(4) NO DELE(3ATIONTO STATES.—TheSecre. 

tary’s authority under this subsection shall not be delegated 

to States. 

“(5) No PREVENTIONOF MOEESTRINGENTRE- 

QUIREMENTSBY STATEṢ—~othing 

in this section 

shall be construed as preventing States from imposing 

requirements that are more stringent than the requirements 

published or developed by the Secretary under 

this subsection. 

“(j) DENIALOF PAYMENTFORSUBSTANDARD SERV- 

ICES.—k order for payments to be made to a State under 

section 1903(a) for community habilitation and supportive 

services furnished on and after January 1, 1992, including 

such services furnished under section 1915(c) or 

1905(a)(21)— 

“(1) the State must apply the protocols and methods 

developed under subsection (i)(2) to such services, 

! 

and 

,. .-.-,

.... 

. 

?Ro~Rws.—The 

than October 1, 

.9ivetraining proin 

the conduct of 

of.subsection (g). 

Es.—The Secreshall 

not be dele- 

sTRINGENTRE- 

I in this section 

3s from imposing 

than the require- 

Secretary under 

~ANDARDSERVto 

a State under 

and supportive 

1992, including 

n 1915(c) or 

tocols and meth- 

~osuch services, 

35 

1 “(2) the State must provide that payment will not 

2 be made for such services if such protocols and meth- 

3 ods indicate that such services are substandard. 

4 “~) ~oNDuPLIcATION OF PAYMENTS. -Payments 

5 made to a habi.litationfacilityfor providingcommunityhabili- 

6 tation or supportive services shall not include payment for 

7 any services for which payment is otherwise made under this 

8 title to such facility.”. 

9 ~) EFFECTIVEDATE.—Theamendmentsmade by sub- 

10 section (a) shall apply to communityhabilitation and support- 

11 ive servicesfurnishedon or after January 1, 1990. 

12 (c) WAIVER OF PAPERWORKREDUCTION,ETC.— 

13 chapter 35 of title 44, United States Code, and Executive 

14 Order 12291 shall not apply to information and regulations 

15 required for purposes of carrying out this title and irnplement- 

16 ing the amendmentsmade by this title. 

17 SEC. 103.ELIMINATINGPRIORINSTITUTIONALIZATION RE- 

18 QUIREMENTUNDERWAIVERAUTHORITY. 

19 (a) IN GENERAL.—Section 1915(c)(5)of the Social Se- 

20 curity Act (42 U.S.C. 1396n(c)(5))is amended by stag “, 

21 with respect to” and all that followsthrough “retarded”. 

22 (b) STATEMENTOF -pOSE.—The purpose of t~s 

23 section is to provide that all mentally retarded persons, as 

24 defined in this Act, shall receive all rights, benefits, stand- 

25 ards, protections, and enforcements, relative to community 

●s 1088Is

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

36 

habilitative and supportive services on a nondiscriminatory 

basis, without regard to present or past association by the 

client with any public or private institution, s~led nursing 

facility, intermediate care facility, or intermediate care facility 

for the mentally retarded; or with any present or past 

receipt of “waiver” services providedunder the terms of section 

1915(c)of the Social Security Act. 

(c) EFFECTIVEDATE.—The amendment made by this 

section with respect to waivers approved or renewed on or 

after the date of the enactment of this Act, without regard to 

whether or not final regulations to carry out such amendments 

have been promulgated by such date. 

sEc. 104.mm 

REpORT. 

The Secret~ of Health and Human Services shall 

report to the Congress annually on the extent to which proand 

supportive services and 

viders of communityhabilitation 

residential settings in which such services are provided are 

complyingwith the requirements of subsections(e) and (f)of 

section 1926 of the Social Security Act (as inserted by the 

amendmentsmade by this title) and the number and type of 

enforcementactions taken by States and the Secretary under 

section 1926(h)of such Act (as inserted by this title). 

. 

*S 1088 1s 

.... .

ondiscriminatory 

sociation by the 

9 shined nursbg 

1 

2 

3 

37 

TITLE II—QUALITYASSURANCE 

FOR HABILITATIONFACILITY 

SERVICES 

diate care facili. 

4 

SEC.201.REQUIREMENTS FORHABILITATION FACILITIES. 

present or past 

5 

(a) SPECIFICATIONOF FACILITYREQUIREMENTS.— 

;he terms of sec- 

6 

Title XIX of the Spcial Security Act, as amendedby section 

7 

303(a) of the Family Support Act of 1988 (PublicLaw 100- 

nt made by this 

8 

485) and as amendedby section IOl(b) of this Act, is amend- 

*renewed on or 

9 

ed by inserting after section 1926 the followingnew section: 

I I 

I 

tithout regard to 

10 

“REQUIREMENTS FORHABILITATIONFACILITIES 

ut such amend- 

11 

“SEC. 1927. (a) HABILITATIONFACILITYDEFINED.— 

12 

In this title, the term ‘habilitationfacility’means an institu- 

13 

tion (or a distinctpart of an institution)which— 

~D•Œ Services 

shall 

14 

“(1) is primarily engaged in providing to clients 

It to which pro- 

15 

health or habilitation services to individuals with 

ive services and 

,re provided are 

I 

16 

17 

mental retardation or related condition, and is not primarily 

for the c=e and treatment of mental diseases; 

)ns (e) and (f)of 

18 

and 

inserted by the 

19 

“(2) meets the requirements for an habilitation fa- 

mber and type of 

20 

cility described in subsections (b), (c), and (d) of this 

.e Secretary under 

21 

section. 

this title). 

22 

In this section, the term ‘client’ means an individual with 

23 

mental retardation or a related condition. 

24 

“(b) REQUIREMENTSRELAT~G TO PBOVISIONOF 

25 

SERVICES.— 

●S10f3S 1S

& 9 

& 

10 

1 

2 

3 

4 

5 

6 

7 

8 

11 

12 

17 

18 

19 

20 

21 

38 

“(I) QUALITYOF LIFE.—An habilitation facility 

must care for its clients in such a manner and in such 

an environment as will promote maintenance or enhancement 

of the quality of life, independence,productivity, 

and integration into the community of each 

client. 

“(2) SCOPE OF SERVICESAND ACTMTIES 

UNDERINDIVIDUALPROGRAMPLAN.— 

“(A) k 

GENERAL .—An habilitation facility 

must provide each client, in accordance with an 

individual program plan, with continuous active 

treatment (as defined in subpara~aph (B)) which 

is coordinated and monitored by a qualifiedmental 

retardation professional. 

“(B) 

ACTIVE TREATMENTDEFINED.-h 

this section, the term ‘active treatment’ means 

services directed towards— 

“(i) the acquisition of behaviors md 

skills necessary for the client to function 

22 

23 

24 

25 

with as much self determination, independence, 

productivity, and integration as possible, 

and 

“(ii) the 

regression or 

tional status. 

prevention or deceleration of 

loss of current optimal fUIlc- 

●S1088IS

1bilitation facility 

er and in such 

“ tenance or enendence, 

producunity 

of each 

ACTIVITIES 

bilitationfacility 

ordance with an 

ontinuousactive 

aph (B)) which 

qualifiedmental 

DEFINED.— b 

eatment’ means 

behatiors 

and 

ent to function 

ation, independation 

as possideceleration 

of 

t optimal tic- 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

39 

Such term does not include services to maintain 

generally independent clients who are able to 

function with little supervision or in the absence 

of a continuous active treatment program. 

“(3) tiIVIDUAL PEOGRAMPLAN.— 

“(A) DEVELOPMENTOFIPPS.— 

“(i) h 

GENERAL .—An habilitation facility 

must develop (or provide for the development 

of,),not later than 30 days after the 

date of admission of each client, an individual 

program plan (in this section referred to 

as an ‘IPP’) which states specific objectives 

necessary to meet the client’s needs, as identified 

in the comprehensivefunctional assessment 

conducted under paragraph (4). 

“(ii) PREPARATIONBYANINTERDISCI- 

PLINARYTEAM.-Each IPP shall be prepared 

by an appropriate interdisciplinary 

team and shall be periodically reviewed and 

revised by such a team after each assessment 

under paragraph (4). Such team shall include, 

in the case of a client who has a seizure 

disorder, a professionalwith expertise in 

the diagnosis and treatment of seizure disorders. 

Such team shall include, in the case of 

< 

●S 1088IS

40 

~ 

g 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21, 

22 

23 

24 

m WP which provides for PhYsicalOrcheti- ~- 

cal restraints, a person who has expertise in 

positive behavioral interventions. 

“(iii) REQUIREDPARTICIPATIONINDE- 

~LOpM-ENTOF IPP.-b developingan IPP 

for a client, the facility shall notify, and provide 

for md encourage the participation of, 

the client, the client’s parents (if the client is 

a minor), and the client’s legal guardim (if 

any). 

“(iv) PERMISS~ PARTICIPATIONOF 

PARENTSOF ADULTCLIENTS.—A parent (if 

the client is not a minor) who is not a legal 

guardian of the client may participate in developing 

the WP unless the client has objected 

to the parent’s participation. 

“(B) AVAILABILITY.—A copy of each ~P 

must, consistent with subsection (a), be 

made accessible to all relevant staff, including 

staffs of other agencies who work with the client, 

and to the client’s parents and legal guardian (if 

any). 

“(C) MEDICALcAREPLAN.—The IPP shw ~ 

include a formalizedplan for the provisionof phy- ~-~ 

25 sician, licensed nursing care, and related medc~ ‘/ 

.- ., 

$, 

: 

:.$;;”, 

●S1088IS

41 

~ysicalor cherni. 

1 

care services if the client’s physician determines 

has expertise & 

2 

that the client requires such a plan. 

Ons. 

3 

“(4) COMPREHENSIVEFUNCTIONALASSESS- 

;IPATIONINI)E. 

4 

MENT.— 

veloping an IPP 

5 

“(A) REQTJIREMENT.-b habilitation facili- 

notify, and pro- 

6 

ty must provide for comprehensive functional as- 

participation of, 

. 

Js (if the client is 

7 

8 

sessments, and review of such assessments, of 

each client by an interdisciplinary team. Such an 

egal guardian (if 

9 

assessment and review must identify each client’s 

10 

developmental and behavioral management needs. 

RTICIPATIONOF 

11 

“(B) FREQuENCY.— 

rs.—A parent (if 

12 

“(i) ASSESSMENTS.-Such an assess- 

?ho is not a legal 

13 

ment must be conducted promptly upon (but 

panticipatein de- 

14 

no later than 30 days after the date of) ad- 

1e client has ob- 

15 

mission for each individual admitted on or 

ipation. 

16 

after January 1, 1991, and by not later than 

0py of each IJ?P 

17 

January 1, 1992, for each client of the facil- 

n (c)(l)(A)(iv)~be 

18 

ity on that date. 

.t staff, inclu~g 

19 

“(ii) REVIEWS.—A review of each such 

;k with the client, 

20 

assessment shall be performed in no case less 

1egal War~an @ 

21 

often than once every 12 months. 

22 

“(C) UsE.—The results of such an assess- 

~.—The ~P 

sh~ 

23 

ment or review shall be used in developing, re- 

Iprovisionof phynd 

related medical 

4 

24 

25 

viewing, and revising the client’s IPP under paragraph 

(3). 

●s 1o~sIs

42 

“(D) REQUIREMENTSRELAT~G TO, Preadmission 

SCBEENINQFOB ~~UALS WITH 

MENTALRETARDATIONOR RELATEDCONDI- 

TION.—Anhabilitation facility must not admit, on 

or after January 1, 1991, any new client who is 

an individual with mental retardation or related 

condition (as defined in section 1905(m)) unless 

the State mental retardation or developmentaldisability 

authority has determined prior to admis- 

‘ sion, based on an independent evaluation perperson 

or entity other than the facil- 

formed by a 

ity, that the individual requires the level of serv- 

an habilitation facility. 

ices providedby 

“(5) PROVISIONOF SERVICESANDACTIVITIES.— 

ml 

“(A) k 

GENERAL .—To the extent needed to 

all IPPs described in paragraph (3), an habilitation 

facility must provide (or arrange for the 

provisiono~— 

“(i) physician services 24 hours a day; 

“(ii) annual physical examinations (including 

vision and hearing examination, routine 

immunizations and tuberculosis control, 

and routine laboratory examinations); 

“(iii) licensed nursing seMces s~cient 

to meet health needs of clients; 

●S1088IS

. 

-.,, 

[NG TO PRE- 

IDUALSWITH 

LTED CONDInot’admit, 

on 

client who is 

ion or related 

105(m))unless 

lopmental disior 

to admis- 

~aluation perthan 

the facillevel 

of servty. 

~CTMT~S.— 

tent needed to 

ph (3), an harrange 

for the 

hours a day; 

minations (in- 

,mination,rou- 

~osis control, 

,tions); 

~ces sticient 

I 

43 

1 “(iv) comprehensive dental diagnostic 

2 services, including— 

3 “(I) a complete extraoral and in- 

4 

traoral exhation, not later than one 

5 

6 

7 

8 

9 

10 

month after the date of admissionto the 

facility (unless such an examination was 

completed within 12 months before admission),and 

“(n) periodic examination and diagnosis 

performed at least annually; 

11 

“(v) comprehensive dental treatment 

12 

13 

14 

15 

16 

17 

‘18 

19 

20 

21 

22 

23 

services, including— 

“(I) provision of emergency dental 

treatment on a 24-hour-a-day basis by a 

licensed dentist, and 

“(II) dental care needed for relief 

of pain and infections, restoration of 

teeth, and maintenance of dental health; 

“(vi) routine and emergency drugs and 

biological for clients and procedures that 

assure the accurate acquiring, receiving, dispensing, 

and administering of all drugs and 

biological; 

● 

●S 1088IS 

.—. =.—. ~~ . . . ..... .. -

., 

:,, 

i: 

i, 

$ 44 

*- 

:., 

1 

“(vii) professional program services 

1 

: 

2 

needed to implement the active treatment 

~. 3 

plan definedin each client’s~P; and 

K: ,. 1 

4 

“(viii)meal services, including at least 3 

t 

e- 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

meals daily, and food and nutrition services 

that assure that the meals meet the daily nutritional 

and special dietary needs of each 

client. 

The services provided or arranged by the facility 

must meet professional standards of quality. The 

facility may, to the extent permitted by State law, 

utilize physician assistants and nurse practitioners 

to provide services describedin clauses (i) and (ii). 

“@) QUAIJIFIEDPERSONSPROVIDINGSERV- 

IcEs.—Services described in subparagraph (A) 

must be provided by qualified persons in accordance 

with each client’s IPP. 

“(C) ~ACUITYSTAFFING.— 

“(i) ~ 

GENERAL. —An habilitation facility 

must have, or arrange for the provision 

of, sufficient direct care staff 

needs of clients at the facility. 

to meet the 

23 

“(ii) NO DEPENDENCE ON VOLUN- 

! 

; 

L.... _...-- 

24 

TEERS.—~ habilitation facility may not use ~ 

. ~. I 

● 

●S 1088IS 

- . ., “ 

...-— 

1 

I

4. 

am services 

ve treatment 

‘; and 

ing at least 3 

ition services 

the daily nueeds 

of each 

i 

1 

2 

3 

4 

5 

6 

7 

45 

a client or volunteer to meet the requirements 

of this subparagraph. 

“(iii) No USE OF CERTAININD~UALS.— 

An habilitation facility may not use individuals in 

the facility who have been convicted of child or 

client abuse, neglect, or mistreatment. The facility 

must take all reasonable steps to determine 

by the facility 

f quality. The 

by State law, 

e practitioners 

ses(i) and (ii). 

VIDINGSERIVparagraph 

(A) 

onsin accord- 

8 

9 

10 

11 

12 

13 

14 

15 

16 

whether applicmts for employment at the facility 

have histories indicating involvement in child or 

client abuse, neglect, or mistreatment and, if an 

applicant has such a history, not to use the applicant 

in the facility. 

“(6) PHYSICIANSUPERVISION. -An 

facility must— 

habilitation 

“(A) require that the health care of every 

client be provided under the supervision of a phy- 

17 

sician; and 

habilitation farthe 

provision 

f to meet the 

18 

19 

20 

21 

“@) provide for having a physician available 

to furnish necessary 

emergency. 

medical care in case of 

“(7) RECORDS.—Anhabilitation facility must 

ON VOL~- 

may not use 

E 

ity 

22 

23 

24 

maintain records on all clients, which records include 

clinical records, IPPs (describedin paragraph (3)), and 

the clients’ comprehensive functional assessments (de- 

9 

●S 1088IS

.-,- 

7 ..— 

% 

~ 46 

., 1 scribed in paragraph (4)), as well as the findingsof any 

2 preadmissionscreen. 

3 “(c) REQUIREMENTSRELATING TO CLIENTS’ 

4 RIGHTS.— 

5 “(I) GENERALRIGHTS.— 

6 “(A) SPECIFIEDRIGHTS.—k habilitation 

7 facility must protect and promote the rights of 

8 each client, including each of the followingrights: 

9 “(i) FREE FROM~usE.—The right to 

10 be free from physical, verbal, sexual, or psy- 

11 chological abuse, corporal or psychological 

12 punishment, aversive stimuli, and involuntary 

13 seclusion. 

14 “(ii) FREE FROM REs!rRAINTS.-The 

15 right to be free from any physical or chemi- 

16 cal restraints imposed for purposes of disci- 

17 pline or convenienceof the staff or as a sub- 

18 stitute for active treatment and not required 

19 to treat the client’s medical symptoms. Re- 

20 straints may only be imposed, in accordance 

21 with written policies and procedures as an 

22 integral part of the ~P to manage inappro- 

23 priate client behavior, but only upon a recent 

24 showing, in the client’s record, that less in- 

25 trusive or more positive techniques have 

! 

! 

I 

●S 1088IS 

. .—-

kdingsof any 

CLIENTS’ 

habilitation 

he rights of 

~wingrights: 

The right to 

xual, or psypsychological 

i involuntary 

~NTs.—The 

~alor cherni- 

)ses of discior 

as a subnot 

required 

mptoms. Ren 

accordance 

edures as an 

aage inapproupon 

a recent 

that less @- 

hniques have 

7 friends and of client groups. 

I 8 

“(iv) CoNFIDENTWITY.-The right to 

47 

1 been tried, used appropriately, and proved 

2 unsuccessful. 

‘3 “(iii) PRIVACY. —The right to privacy 

4 with regard to accommodations, medical 

5 treatment, written and telephonic communi- 

6 cations, visits, and meetings of family and 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

confidentiality of personal and clinical 

records. 

“(v) ACCOMMODATIONOF NEEDS.— 

The right— 

22 before 

23 client 

24 other 

“(I) to reside and receive services 

with reasonable accommodationsof individual 

needs and preferences (including 

the right to retain and use personal possessions 

and clothing), except where the 

health or safety of the individual or 

other clients would be endangered, and 

“(II) 

to receive adequate notice 

and explanation of the reasons therefor 

the room or roommate of the 

in the facility is changed and, 

than in extraordinary circum- 

25 stances, to disapprove such a change. 

.. 

●S 1088IS

I 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

~th 

22 clause. 

48 

,~.j 

..:.. .+. 

,Cg:+ 

* 

“(vi) DIGNITY.—!L’heright to be treated ““” 

dignity in a manner consistent with the 

‘i 

client’s chronologicalage. 

“(vii) GRIEVANCES.—The right to voice 

@evances with respect to treatment or care 

that is (or fails to be) furnished, tithout discrimination 

or reprisal (or threat of discrimination 

or reprisal) for voicing the grievances 

and the right to prompt efforts by the facility 

to resolve grievances the client may have, 

including those with respect to the behavior 

of other clients. 

“(viii) PARTICIPATIONIN CLIENTAND 

FAMILYGROmS.—The right of the client to 

organize and participate in client groups in 

the facility and the right of the client’s 

family to meet in the facility with the families 

of other clients in the facility.Nothingin 

this clause shall be construed as requiringa 

facility to provide for a room specificallydesigned 

to accommodate meetings under this 

23 “(ix) PARTICIPATIONIN OTHERA9- 

~. 

ir. 24 TMTIES.—The right of the client to p~ci- 

. 

25 pate in social, religious, and COmm~ty ‘- 

- . 

. -...— 

.S 1088IS

ht to be treated 

sistent with the 

Leright to voice 

satment or care 

ed, without dis- 

:eat of discrimi- 

; the grievances 

s by the facility 

Iient may have, 

to the behavior 

IN CLIENTAND 

t of the client to 

client groups in 

of the client’s 

~ with the famicility.~ottig 

in 

d as requiring a 

specific~ly deetings 

under this 

~ 01’HERAcclient 

to particidcom.m~ty 

ac- 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

49 

tivities that do not interfere with the rights 

of other clients in the facility. 

“(x) EXAMINATIONOF SURVEYRHsuL!rs.-The 

right to examine, upon reasonable 

request, the results of the most recent 

survey of the facility conductedby the Secretary 

or a State with respect to the facility 

and any plan of correction in effect vtith respect 

to the facility. 

“(xi) FREE cHoIcE mTH RESPECTTO 

MEDICALCARE AND TREATMENT.—The 

right to choose a personal attending physician 

and to choose a qualified mental retardation 

professional or case manager, to be 

fully informed in advance about care and 

treatment, to be fully informed in advance of 

any changes in care or treatment that may 

affect the client’s well-being, and to participate 

in planning care and treatment or 

changes in such care and treatment. 

“(xii) VOLUNTARYSERVIcEs.-The 

right not to be compelledto perform services 

for the facility and, if the client chooses to 

perform such services, to be compensatedfor 

S 1088 IS—4 

.. . ... -. . . . . - ... . . . - ---- —-. . -

w 

ii ,.. 

F. 

~ 

es Comrnensu. 

“ty. 

.—hy other 

ary. 

s requiring the 

habilitationfaparent 

(if the 

ardian (if any), 

e of admission 

’s legal rights 

:and 

o each client, 

tier), or legal 

~ablerequest, a 

rights (which 

:hanges in such 

ights under tfis 

Scriptionof the 

r paragraph (6) 

i~rson,and tele- 

~on~d advocac 

of the Devel- 

1 

2 

3 

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23 

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51 

opmental Disabilities Assistance and Bill of 

Rights Act) or other appropriate agency with 

whom the client, parent, or guardian may file a 

complaint respecting client abuse and neglect and 

misappropriation of client property ‘in the facility. 

“(C) RIGHTSOF INCOMPETENT CLIENTS.— 

In the case of a client adjudged incompetent 

under the laws of a State, the rights of the client 

under this title shall devolve upon, and, to the 

extent judged necessary by a court of competent 

jurisdiction, be exercised by, a person appointed 

under State law to act on the client’s behalf. For 

purposes of the previous sentence, the term 

‘person’ includes an organization which is independent 

of a facility. 

“~) USE OF PSYCHOPHARMACOLOGIC 

DRuGs.—Psychopharmacolo@cdrugs may be administered 

ordy on the orders of a physician and 

only as an integral part of a plan (includedin the 

~P) designed to eliminate or modify the symptoms 

or behaviors for which the drugs are prescribed 

and only if, at least annually, an independent, 

external consultant trained in the atistration 

and interaction of psychopharmacologicdrugs 

. 

●S 1088IS

-. 

. 

k -.. 

..,. 

.,. 

1 

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52 

reviews the appropriateness of the ~g plan of 

each client receiving such drugs. 

“(2) TRANSFERANDDISCHARGERIGHTS.— 

“(A) ~ GENERAL.—A habilitation facility 

must permit each client to remain in the facility 

and must not transfer or ~scharge the client from 

the facility unless— 

“(i) the transfer or discharge is necessary 

to meet the client’s welfare Wd the client’s 

welfare cannot be met in the facilityin 

the opinion of a qualified case manager, operating 

independently of the interests of any 

service provider; 

“(ii) the transfer or discharge is appropriate 

because the client no longer requires 

continuousactive treatment; 

“(iii) the safety of individuals in the facility 

is endangered; 

“(iv) the health of individualsin the facility 

would otherwise be endangered; or 

“(v) the facility ceases to operate or the 

transfer or discharge is pursuant to a court 

order or under a reduction plan approvedby 

the Secretary under subsection(i). 

OS 1088Is 

--

. 

drug plan of 

rHTS.— 

,ation facility 

n the facility 

Ie client from 

Lrgeis neces- 

“eand the clithe 

facilityin 

manager, op- 

LterestsOfmy 

.arge is approonger 

requires 

luals in the faduals 

in the fa- 

Lngered;or 

J operate or the 

Uant to a cod 

[an approvedby 

in (i). 

1 

2 

3’ 

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8 

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10 

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53 

In each of the cases described in clauses (i) 

through (iv), the basis for the transfer or discharge 

must be documentedin the client’s clinical 

record. In the cases described in clauses (i) and 

(ii), the documentationmust be made by a qualified 

mental retardation professional, with the concurrence 

of the Interdisciphmy Team and in the 

cases described in clause (iv) the documentation 

must be made by a physician. A facility may not 

transfer or discharge a client under clause (i) or 

(ii) unless the service needs of the client recommended 

under subparagraph (C)(ii)will be met in 

the client’s new living entionment. A facility 

may not transfer or discharge a client under 

clause (iii) or (iv) unless adequate arrangements 

have been made for an alternative placement. 

“(B) PRETRANSFERAND PREDIsC=~E 

NOTIGE.— 

“(i) fi GE~RAL.—Before effecting a 

transfer or discharge of a client (including 

such a transfer or discharge under a reduction 

plan under subsection (i)), a habilitation 


“(I) notify the client, parent (if the 

client is a minor), or legal guardian (if

7 . ., 

1 

2 

3 

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8 

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54 

any) of the transfer or discharge ~d the 

reasons therefor, 

“~ record the reasons in the client’s 

clinicalrecord (includingany documentation 

required under subparagraph 

(A)),and 

“(111) include in the notice the 

items describedin clause (iii). 

“(ii) TIMINGOF NOTICE.—Thenotice 

under clause (i)(I) must be made at least 60 

days in advance of the client’s transfer or 

discharge except— 

“~ in a case described in clause 

(iii)or (iv) of subparagraph (A); 

“~ in a case described in clause 

(i) of subparagraph (A), where a more 

immediate transfer or discharge is necessitated 

by the client’s urgent medicd 

needs; or 

“~ in a case where a client has 

not resided in the facility for 60 days. 

k the case of such exceptions, notice must 

be given as m~y days before the date of the 

transfer or discharge as is practicable.

~scharge and the 

easons in the cli- 

~ludingany docu- 

Ier subparagraph 

the notice the 

se (iii). 

[cE.—!I’henotice 

made at least 60 

lent’s transfer or 

)scribed in clause 

.aph (A); 

sscribed in clause 

I 

], where a more 

tischarge is ne- 

~s urgent medical 

vhere a client has 

ility for 60 days. 

ions, notiCemust 

~rethe date of the 

practicable. 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

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15 

16 

17 

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21 

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25 

55 

“(iii) ITEMS INCLUDEDIN NOTICE.— 

Each notice under clause (i) must include— 

“(c) 

“(I) for transfers or discharges effected 

on or after January 1, 1991, 

notice of the client’s right to appeal the 

transfer or discharge under the State 

process established under subsection 

(e)(S)@);and 

“(II) in the case of,clients with developmental 

disabilities, the mailing address, 

contact person, and telephone 

number of the agency responsible for 

the protection and advocacy system for 

developmentally disabled individuals established 


Disabilities Assistance and Bill 

of Rights Act. 

s UMMARY,POST-DISCHARGEPLAN, 

ANDORIENTATION. -If 

a client is to be either 

transferred or discharged (including such a transfer 

or discharge under a reduction plan under subsection 

(i)),the facility must— 

“(i) provide a final surnmary of the client’s 

developmental, behavioral, social, 

health, and nutritional status and skills at 

●S 1088IS 

--,. ,-..---- — .._- ——

56 

the time for the dischargethatis av~able 

for release to authorized persons and agencies, 

with the consent of the client, parent (ii 

the client is a fior), or legal gu~dim (if 

any), 

“(ii) provide recommendations relating 

to the service needs of the client in the client’s 

hew living environment;and 

“(iii) provide the client with sufficient 

preparation and orientation (taking into account 

the client’s length of stay at the facility) 

to ensure safe and orderly transfer or 

I 

II 

discharge from the facility. 

“(3) ACCESSANDVISITATIONRIGHTS.—Ahabilitation 


“(A) permit immediate access to any client 

by any representative of the Secretary, by any 

representative of the State, by the protection and 

advocacy system described in paragraph 

(2)(B)(iii)(19,or by the client’s physician or qualified 

mental retardation professional; 

“m) permit immediate access to a client, 

subject to the client’s right to deny or withdraw 

consent at any time, by immediatefamily or other 

.- 

L=. ..- . 

>~It

at is available 

ons and agen. 

.ient, parent (if 

al guardian (if 

itions relating 

lent in the cli- 

~nd 

with sufficient 

aking into ac- 

~yat the facil- 

:ly transfer or 

GHTS.—Aha- 

I to any client 

?etary, by any 

protection and 

n paragraph 

Sicianor qualis 

to a client! 

,Yor tithdraw 

fa~y or other 

< 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

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19 

20 

21 

22 

23 

24 

“(c) 

subject to 

57 

permit immediate access to a client, 

reasonable restrictions and the client’s 

right to deny or withdraw consent at any time, by 

others who are visiting with the consent of the 

client; 

“m) permit reasonable access to a client by 

any other entity or individualthat provides health, 

social, legal, or other services to the client or that 

is a friend of the client, subject to the right of the 

client, parent (if the client is a minor), or legal 

guardian (if any) to deny or withdraw consent at 

any time; 

“(E) permit representatives of the State protection 

and advocacy system (described in pmagraph 

(2)@)(iii)(19),with the permission of the 

client, parent (if the client is a minor), or legal 

guardian (if any) and consistent with State law, to 

examine a client’srecords; and 

“(F) permit representatives of such State 

protection and advocacy system to have access to 

any client and to examine the client’s records, in 

the case of any client— 

“(i) who, by reason of the client’s 

mental or physical condition, is unable to au- 

25 thorize such examination, 

{ ●S 1088IS

1 

2 

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21 

22 

23 

. 24 

25 

ian, 

tive, 

58 

“(ii) who does not have a legal guardconservator, 

or other legal representaor 

for whom the legal guardian is the 

State, and 

“(iii) with respect to whom a complaint 

has been received by such system or with respect 

to whom there is probable cause to believe 

that such client has been subject to 

abuse and neglect. 

“(4) EQUALACCESSTOQUALITYoARE.-An habilitation 

facility must establish and maintain identical 

policiesand practices regarding the admission,transfer, 

and discharge of, and the provision of services required 

under the State plan for, all individuals regardless of 

source of payment. 

“(5) ADMISSIONSPOLICY.—With respect to admissionspractices, 

an habilitation facility must— 

“(A)(i) not require individuals applying to 

reside or residing in the facility to waive their 

rights to benefits under this title, (ii) not require 

oral or written assurance that such individualsare 

not eligible for, or will not apply for, benefits 

under this title, and (iii) provide to such individuals 

(and their representatives) oral and written 

information about how to apply for and use such 

I 

i 

i 

i 

●S 1088IS 

i.. . ... . .. .. .. ....... . ... .. . . ... .. - ~~~

legal guardrepresentardian 

is the 

a complaint 

or with re- 

~auseto besubject 

to 

E.-b ha- 

~inidentical 

In, transfer, 

ses required 

?gardless of 

pect to ad- 

~st— 

applying to 

waive their 

not require 

Kvidualsare 

‘or, benefits 

Uchindiv-idand 

written 

Bduse Such 

1 

2 

s 

4 

5 

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8 

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20 

21 

22 

23 

24 

59 

benefits and how to receive refunds for previous 

payments coveredby such benefits; 

“(B) not require a third party guarantee of 

payment to the facility as a condition of admission 

(or expedited admission)to, or continued stay in, 

the facility; and 

“(C) in the case of an individual who is entitled 

to medical assistance for habilitation facility 

services, not charge, solicit, accept, or receive, in 

addition to any amount otherwise required to be 

paid under the State plan under this title, any 

gift, money, donation, or other consideration as a 

preconditionof admitting (or expediting the admission 

of) the individual to the facility or as a requirement 

for the individual’s continued stay in 

the facility. 

“(6) tiAGEMENT OFCLIENTFUNDS.— 

“(A) IN ~ENER&.-The habi.litation 

facility— 

“(i) whether or not a client deposits 

personal funds with the facility, must allow 

individual clients to manage their financial 

affairs and teach them to do so to the extent 

of their capabilities,and 

●S 1088IS 

. ,-— ---- —,.. ——. .- - ...-.-—. -..

.. 

1 

2 

3 

4 

5 

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7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

“(ii) upon the written authorization of 

the client, parent (if the client is a minor), or 

legal guardian (if any), must hold, safeguard, 

and account for such personal funds under a 

system established and maintained by the facility 

in accordance with this paragraph. 

“(B) FACILITYMANAGEMENT OFPERSONAL 

FUNDS. -Upon 

a facility’s acceptance of written 

authorization under subparagraph (A)(ii),the facility 

must manage and account for the personal 

funds of the client deposited with the facility as 

follows: 

“(i) DEPOSIT.—The facility must deposit 

any amount of personal funds in excess 

of $50 with respect to a client in an interest 

bearing account (or accounts) that is separate 

from any of the facility’s operating accounts 

and credit all interest earned on such separate 

account to such account. With respect 

to any other personal funds, the facility must 

maintain such funds in a noninterest bearing 

account or petty cash fund. 

“(ii) ACCOmTINGANDRECORDS.—The 

facility must assure a full and complete separate 

accounting of each such client’spersonal 

–..A

~thorization of 

is a minor), or 

old, safeguard, 

funds under a 

ned by the fa- 

.ragraph. 

OF PERSONAL 

Ice of written 

L)(ii),the facilthe 

personal 

he facility as 

ity must deds 

~ excess 

in an interest 

at is separate 

ting accounts 

n such sepa- 

With respect 

facility must 

terestbearing 

coRDs.—The 

ompletesepaent’sperson~ 

1 

2 

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25 

61 

funds, maintain a written 

record of all financial 

transactions involving the personal funds 

of a client deposited with the facility, and 

afford the client, parent (if the client is a 

minor), or legal guardian (if any) reasonable 

accessto such record. 

“(iii) NOTICE OF CERTAIN B&- 

ANcEs.-The facility must notify each client 

receiving medical assistance under this title 

or the parent (if the client is a minor) or 

legal guardian (if any), when the amount in 

the client’s account reaches $200 less than 

the dollar amount determined under section 

1o11 and the fact that if the amount 

in the account (in addition to the value of the 

client’s other nonexempt resources) reaches 

the a~~ount determined under such section 

the client may lose eligibility for such medical 

assistance or for benefits under title XVI. 

“(iv) CONVEYANCEUPON DEATH.— 

Upon the death of a client with such an account, 

the facility must convey promptly the 

client’spersonal funds (and a final accounting 

of such funds) to the individual administering 

the client’s estate. 

A 

SS 1088IS

1 

2 

3 

5 

6 

“(c) 

!rY.-The 

otherwise 

62 

ASSURANCEOF FINANCIALSECURIfacility 

must purchase a surety bond, or 

provide assurance satisfactory to the 

Secretary, to assure the security of all personal 

funds of clients deposited with the facility. In addition, 

the chairperson of the governing body of 

the facility, and the chairperson of any committee 

or organization representing the clients, and their 

parents and guardians, shall promptly be notified 

10 

11 

12 

13 

14 

15 

16 

17 

as to the content of any allegations and associated 

reports. 

“@) LIMITATIONONCHARGESTOPERSON- 

AL FuNr)s.-The facility may not impose a 

charge against the personal funds of a client for 

any item or service for which payment is made 

under this title. 

“~) No FACILITYBORROWINGOF PERSON- 

AL ~S.—The facility may not borrow, or use 

as security for any indebtedness, personal funds 

depositedwith the facility. 

21 

“(d) REQ~EMENTS RELATINGTObmsTRATION 

%, 

~:”. 

22 ANDOTHERMATTERS.— 

$:, 

~ 

23 “(1) ADMINISTRATION. —An habilitation facility 

p.: 24 must be administered in a manner that enables it to 

25 use its resources effectively and efficientlyto promote

L SECURI. 

jy bond, or 

try to the 

11personal 

ity. b adg 

body of 

Committee 

, and their 

be notified 

associated 

)PERsONimpose 

a 

client for 

t is made 

F PERSONow, 

or use 

onal funds 

STRATION 

n facility 

bles it to 

promote 

1 

2 

3 

4 

5 

6 

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8 

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10 

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12 

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16 

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19 

20 

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24 

25 

63 

maintenance or enhancement of the quality of life, independence,productivity, 

and integration into the community 

of each client. 

“(2) LICENSINGANDLIFE SAFETYCODE.— 

“(A) LICENSING. —An habilitation facility 

must be licensed under applicable State and local 

law. 

“(B) LIFE SAFETYCODE.—h habi.litation 

facility must meet such provisions of such edition 

(as specifiedby the Secretary in regulation) of the 

Life Safety Code of the National Fire Protection 

Association as are applicable to health care occupancies 

or residential board and care occupancies; 

except that— 

“(i) the Secretary may waive, for such 

periods as he deems appropriate, specific 

provisions of such Code which if rigidly applied 

would result in unreasonable hardship 

upon a facility, but only if such waiver would 

not adversely affect the health and safety of 

clients or personnel, and 

“(ii) the provisions of such Code shall 

not apply in any State if the Secretary finds 

that in such State there is in effect a fire and 

safety code, imposed by State law, which 

....~ 

●S 1088IS

k 

9 

i 

k 10 

1 

2 

3 

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12 

13 

15 

16 

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19 

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21 

22 

23 

24 

. 

64 

adequately protects clients of and personnel 

in habilitationfacilities. 

“(3) SANITATIONANDINFECTIONCONTROLAND 

PHYSICALENVIRONMENT.— An 

must— 

trol 

habilitation facility 

“(A) establish and maintain an infection conprogram 

designed to provide a safe, sanitary, 

and comfortable environment in which clients 

. . 

reside and to help prevent the development and 

transmission of disease and infection, and 

“@) be designed, constructed, equipped, and 

maintained in a manner to protect the health and 

safety of clients, personnel, and the general 

public. 

“(4) MISCEL~OUs.— 

“(A) COMPLIANCEWITHFEDERAL,STATE, 

ANDLOCALLAWSANDPROFESSIONALSTAND- 

ARDS.-Arl habilitation facility must operate and 

provide services in compliancewith all applicable 

Federal, State, and local laws and regulations (including 

the requirements of section 1124) and 

with accepted professional standards and principles 

which apply to professionals providing services 

in such a facility. 

I 

I 

I 

--— 

●S 1088IS

65 

Id personnel 

INTROLAND 

tion facility 

i 

1 

2 

3 

4 

“(B) OTHER.-b habilitation facility must 

meet such other requirements relating to the 

health and safety of clients or relating to the 

physical facilities thereof as the Secretary maY 

ection conafe, 

sanitary, 

hich clients 

lopmentand 

and 

quipped,and 

e health and 

the 

general 

f 

5 

6 

7 

8 

9 

10 

11 

12 

13 

find necessary.”. 

(c) STATE REQUIREMENTFOR PREADMISSION 

SCREENINGANDCLIENT REv’rEw.-For State requirement 

for preadmissionscreening and client review, see the amendment 

made by section 301 of this Act. 

(d) FEDERALRESPONS~mIT~S.—sectiOn 1927 of 

such Act is amendedby adding at the end the followingnew 

subsection: 

“(f) RESPONSIBILIT~SOF SECRETARYRELATINGTO 

14 

HABILITATIONFACILITYREQUIREMENTS.— 

R&, STATE) 

NALST~t 

operate and 

all applicable 

emulations(~n 

1124) and 

s and princi- 

~rovidingserv- 

15 “(1) GENERALRESpoNs~~ITy”—lt is the duty 

16 and responsibility of the Secretary to assure that requirements 

which govern the provision of care in ha- 

17 

18 bilitation facilities under State plans approved under 

19 this title, and the enforcement of such requirements, 

20 are adequate to protect the health, safety, welfare, and 

21 rights of clients and to promote the effective and effi- 

22 cient use of public moneys. 

23 “(2) OPERATIONALDEFINITIONOF CONT~OUS 

24 ACTIVETREATMENT.—The Secretary shall establish, 

25 by not later than January 1, 1991, an operational defi- 

S 1088 1s——5

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66 

nition of continuous active treatment that promotes a 

consistent assessment of whether an habilitation facility 

is in compliance with the requirements of subsection 

(b)(2)(A). 

“(3) I?EDERALGUIDELINESFOR STATEAPPEALS 

PROCESSFOR TRANSFERS AND DISCHARGES .—For 

purposes 

not later 

of subsections (c)(2)(13)(iii)and (e)(5)(B),by 

than July 1, 1990, the Secretary shall establish 

guidelhes for minimum standards which State appeals 

processes under subsection (e)(5)(13)must meet to 

provide a fair mechanism for hearing appeals on transfers 

and discharges of clients from habilitation facilities. 

The guidelines shall provide, upon the request of a 

client, parent (if the client is a minor), or legal guardian 

(if any), for the participation of a representative of 

the State protection and advocacy system (describedin 

subsection (c)(2)(B)(iii)(It))in the appeals process with 

respect to that client. 

“(4) CRITERLAFORADMINISTRATION. -The 

SeCretary 

shall establish criteria for assessing an habil.itation 

facility’s compliance with the requirement of subsection 

(d)(1)with respect to— 

“(A) its governing body and management, 

“~) disaster preparedness, 

... 

●S 1088IS

... 

.at promotes a 

litation facility 

! of subsection 

‘ATEAPPEALs 

KA.RGEs.-yor 

d (e)(5)~), by 

ry shall estabhichState 

apmust 

meet to 

eals on transationfacilities. 

request of a 

rlegal guardiresentative 

of 

(describedin 

process with 

N.—TheSecg 

an habilitaement 

of subnagement, 

I 

67 

1 “(C) laboratory and radiological services (if 

2 provided), 

3 “(D) clinicalrecords, and 

4 “(E) client and advocate participation.”. 

5 (b) INCORPORATINGREQUIREMENTSINTO STATE 

6 PLAN.-Section 1902(a)of such Act (42 U.S.C. 1396a(a))is 

7 amended— 

8 

9 

(1) in paragraph (13)(A), by inserting “which, in 

the case of habilitation facilities, take into account the 

10 costs of complying with subsections 0) (other than 

11 

12 

13 

14 

15 

16 

17 

18 

19 

paragraph (4)(D)),(c), and (d) of section 1927,” titer 

“State” the secondplace it appears; and 

(2) in paragraph (28), by striking “and” at the 

end of subparagraph (C) and by adding at the end the 

followingnew subparagraphs: 

“(E) that any habilitation facility receiving 

payments under such plan must satisfy all the requirements 

of subsections (b) through (d) of section 

1927 asthey apply to such facilities;and 

20 

“~ for compliance (by the date specifiedin 

21 the respective sections) with the requirements 

22 

23 

24 

of— 

“(i) section 1927(e) (relatkg to preadmissionscreening 

and client review); 

●S 1088IS 

.r..-4. .–. .-.-.+ m~-- ., -=. .-. .. ----

““ “-””- 

68 ~ ~ 

1 “(ii) section 1927(g) (relating to respon. \ 

. 

I 

f 2 sibility for survey and certification of habili- 1 

I; 3 

g 

tation facilities);and 

:. 

$ 4 “(iii) sections 1927(h)(2)(B) and 

5. ..., . 

.; 

5 1927(’h)(2)(D)(relating to establishment and , 1 

6 application of remedies);”. 

7 (c) REVISIONOF PREVIOUSl)EFINITION.-SUbsection 

8 (d)of section 1905 of such Act (42 U.S.C. 1396d)is amended 

9 to read as follows: 

10 “(d) For definitionof the term ‘habilitationfacility’,see 

11 section 1927(a).”. 

I 

12 (d) CONFORMING AMENDMENTS.-(I)Section 1902 of 

I 

13 suchAct (42 U.S.C. 1396a) is amended— I 

14 (A) in subsections (a)(lO)(A)(ii)~, (a)(IO)(C)(iv), * 

15 (a)(13), (a)(30)@), and (e)(3)@)(i), by st~g “~terme- 

16 diate care facility for the mentally retarded” each place 

17 it appears and inserting “habilitation facility”; 

18 @) in subsections (a)(13)(C),by striking “interme- 

19 diate care facilities for the mentally retarded” and in- 

20 serting “habilitation facilities”; 

21 (C) in subsection (e)(9)(A)(iii),by Stfig “) n~s- 

22 kg facfity, or intermediate care facility for the ment~- 

23 ly retarded” and inserting “or nursing facility”; and

I , 

lating to respon. 

Ication of habfi- 

7(h)(2)(13) ~d 

tablishment and 

ON.—Subsection 

96d)is amended 

tion facility’,see 

69 

1 (D) in subsection (e)(9)(13),by striking “, nursing 

2 facilities, or intermediate care facilities for the mentally 

3 retarded” and inserting “or nursing facilities”. 

4 (2) Section 1905 of such Act (42 U.S.O. 1396d) is 

5 amended— 

6 (A) in subsection (a)(15),by striking “intermediate 

7 care facility for the mentally retarded” and inserting 

8 “habilitation facility”, and 

9 (B) in subsection (a)(15), by striking “section 

10 1902(a)(31)(A)”and inserting “section 1927(e)”. 

11 

(3) Section 1915(c) of such Act (42 U.S.C. 1396n(c))— 

Section 1902 of 12 

13 

(A) in paragraphs (l), (2)(C), (5), and (7)@), by 

striking “intermediate care facility for the mentally reappears 

and inserting “habilita- 

h, 

1“ 

(a), 

14 tarded” each place it 

“ “ g “interceded” 

each place 16 (B) in paragraph (2)(13),by striking “intermediate 

15 tion facility”, 

kility”; 

17 care facility services for the mentally retarded” and 

“ “ g ‘iintermetarded” 

and i.u- 19 (C) in paragraph (7)(A),by striking “intermediate 

18 “habilitation facility services”, and 

~20 care facilities for the mentdy retarded” and inserting 

1striking “, n~sfor 

the ment~- 

22 (4) Section 1916 of such Act (42 U.S.C. 13960) is 

21 “habilitation facilities”. 

facility”; ~d 

23 amended, in subsections (a)(2)(C)~d @)(2)(C),by sthg 

24 “hteme&ate Cwe facility for the mentally retarded” and in- 

25 serting “habilitationfacility”. 

●s 1088Is

70 

(5) Section 1917(a)(l)(B)(i) of such Act (42 U.S.C. 

1396p(a)(l)(B)(i))is mended bY stfig 

“~termediate care 

facilityfor the mentally retarded” and inserting “habilitation 

facility”. 

(6) Section 112813of such Act (42 U.S.C. 1320a-7b) is 

amended, in subsections(c) ~d (d)(2)(A)>bY st~g 

“~termediate 

care facility for the mentally retarded” and inserting 

“habilitation facility”. 

SEC.202.SURVEYANDCERTIFICA’1’ION PROCESS. 

Section 1927 of the Social Security Act, as inserted by 

section 201, is amended by adding at the end the following 

new subsection: 

“(g) SURVEYANDCERTIFICATIONPROCESS.— 

“(1) STATEANDFEDER& RESPONSIBmITY.— 

“(A) h 

GENERAL. —Under each State plan 

under this title, the State shall be responsiblefor 

certifying, in accordance with surveys conducted 

under paragraph (2), the complianceof habitation 

facilities (other than facilities of the State) with 

the requirements of subsections b), (c), ~d 

The Secretary shall be responsible for cert@g, 

(d)” 

in accordance with surveys conducted under paragraph 

(2), the complianceof State habilitation facilities 

with the requirements of such subsections” 

●s 1088 IS

~ct (42 U.S.C. 

termediate Care 

ng “habilitation 

\ 

I 

1 

2 

3+ 

71 

“(B) EDUCATIONALPRoGRAM.-Each State 

shall conduct periodic educational programs for 

the staff and clients in habilitation facilities, and. 

4 

for the parents (if the client is a minor) and legal 

~. 1320a-7b) is 

5 

guardians (if any) of such 

clients, in order to 

striking “inter- 

6 

present current re~ations, 

procedures, and poli- 

1“ and inserting 

7 

cies under this section. 

8 

“(C) Investigation 

OF ALLEGATIONSOF 

Ss. 

9 

CLIENTNEGLECTANDABUSEANDMISAPPRO- 

as inserted by 

[d the following 

I 

10 

11 

PRIATIONOF CLIENT PROPERTY.—The State 

shall provide, through the agency responsible for 

12 

surveys and certification of habilitation facilities 

IESS.— 

TSIBILITY.— 

t 

13 

14 

under 

ceipt, 

this subsection, for a process for the rereview, 

and investigation of allegations of 

~achState plan 

15 

client 

neglect and abuse (includinginjuries of un- 

responsiblefor 

16 

known source) by staff and of misappropriation of 

Veys conducted 

17 

client property by staff in an habilitation facility. 

e of habilitation 

18 

Such process shall provide for documentation of 

the State) tith 

19 

findings relating to such allegations with respect 

b), (c), and (d). 

20 

to a staff member, for inclusion of any brief state- 

BfOrcertifying~ 

21 

ment of the staff member disputing such findings, 

ted under para- 

22 

and for inclusion, in any disclosure of such find- 

~habilitationfa- 

23 

ings, of such brief statement (or of a clear and ac- 

Uchsubsections” 

24 

curate summary thereoO. The findings relating to 

25 

such allegations shall be made available, on re- 

-...— 

SS 1088IS 

. -4——--- ...—.-—.-...—.... ----

E,=. 

1 

2 

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21 

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72 

quest, to the State protection and advocacy 

system (described in subsection (c)(2)(B)(iii)(lI)) 

and to other appropriate agency or agencies with 

whom a client, parent, or guardian may file a 

complaint respecting client abuse and neglect and 

misappropriationof client property in the facility. 

In addition, the chairperson of the governing body 

of the facility, and the chairperson of any committee 

or organization representing the clients, and 

their parents and guardians, shall promptly be 

notified as to the content of any allegations and 

subsectionshall not relieve a State of its responsiassociated 

reports. 

“m) 

Secretary 

CONSTRUCTION. —The failure of the 

to issue regulations to carry out this 

bility under this subsection. 

“(2) ANNUALsuRvEYs.— 

“(A) h 

GENERAL .—Each habilitation facility’shall 

be subject to an annual survey, to be conducted 

without any ptior notice to the facility. 

Any individualwho notifies (or causes to be notified) 

an habilitation facility of the time or date on 

I 

~ 

which such a survey is scheduled to be conducted ; 

is subject to a civil money penalty of not to 

exceed $2,000. The provisions of section 1128A 

- 

●S 1088IS

--7 

and advocacy 

(c)(2)@)(iii)~) 

r agencies with 

ian may file a 

,nd neglect and 

in the facility. 

governingbody 

of any commit. 

le clients, and 

1 promptly be 

Allegationsand 

failure of the 

carry out this 

)f its responsiilitation 

faciliey, 

to be con- 

> the facility. 

~esto be notine 

or date on 

be conducted 

ty of not to 

ection 1128A 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

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15 

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73 

(other than subsections (a) and (b)) shall apply to 

a civil money penalty under the previous sentence 

in the same manner as such provisions apply to a 

penalty or proceeding under section l128A(a). 

The Secretary shall review each State’s procedures 

for scheduling and conduct of annual surveys 

to assure that the State has taken all reasonable 

steps to avoid giving notice of such a survey 

through the scheduling procedures and the conduct 

of the surveys themselves. 

include— 

“(B) CONTENTS. —Each annual survey shall 

“(i) a review, based on a representative 

sample of clients and IPPs, 

of the quality, 

appropriateness, and effectiveness of active 

treatment provided, and 

“(ii) a review of compliance with all re- 

quirementsunder this section. 

“(0) FREQUENCY. —Each habilitation facility 

shall be subject to an annual survey not later than 

15 months after the date of the previous annual 

survey conducted under this subparagraph. The 

Statewide average interval between annual surveys 

of habilitation facilities shall not exceed 12 

months. 

- ... 

●S1088IS

74 

“~) SURVEYPROTOCOL.— Annual surveys 

** 

; .ẏ 

. 

3 

4 

5 

6 

7 

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14 

15 

16 

17 

18 

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20 

22 

23 

24 

25 

shall be conducted— 

“(i) based upon a protocol which the 

Secretary has developed, tested, and validated 

by not later than October 1, 1990, and 

“(ii) by individuals, of a survey team, 

who meet such minimumqualificationsas the 

Secretary establishes by not later than such 

date. 

The failure of the Secretary to develop, test, or 

validate such protocols or to establish such minirelieve 

any State of 

mum qualificationsshall not 

its responsibility (or the Secretary of the Secretary’s 

responsibility)to conduct surveys under this 

subsection. 

“(E) CONSISTENCYOF smvEYs.-Each 

State shall implement programs to measure and 

reduce inconsistency in the application of survey 

results among surveyors. 

“~ SURVEYTEAMS.— 

“(i) h GENERAL.—Surveys under this , 

subsectionshall be conductedby a multid.isciplinary 

team of professionals. 

“(ii) PROHIBITIONOF CONFLICTsoF 

INTEREST.-A State may not use as a

nnual surveys 

COI which the 

d, and validat- 

, 1990, and 

survey team, 

ications as the 

~ter than such 

velop, test, or 

Iish such mini- 

5 any State of 

of the Secre- 

~eysunder this 

RvEYs.—Each 

) measure and 

~tionof survey 

eys under this 

)y a multidisci- 

UONFIIICTSoF 

mot use as a 

3 

4 

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12 

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75 

member of a survey team under this subsection 

an individual who is serving (or has 

served within the previous 2 years) as a 

member of the staff of, or as a consultant to, 

the facility surveyed respecting compliance 

with the requirements of subsections (b), (c), 

and (d), or who has a personal or fa~ial 

financial interest in the facility being 

surveyed. 

“(iii) TRAINING.—The Secretary shall 

provide for the comprehensive training of 

State and ~ederd surveyors in the conduct 

of annual surveys under this subsection, including 

the auditing of client assessments 

and IPPs. No individual shall serve as a 

member of a survey team unless the individual 

has successfullycompleteda training and 

testing program in survey and certification 

techniques that has been approved by the 

Secretary. 

“(3) VALIDATIONsuRvEYs.— 

“(A) fi GENERM.-The Secretary shall 

conduct onsite surveys of a representative sample 

of habilitation facilities in each State, within 2 

months of the date of surveys conducted under 

*S[0s8rs

,.. 

4 

5 

6 

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8 

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10 

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22 

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25 

76 

paragraph (2) by the State, in a sufficientnumber 

to allow inferences about the adequacies of each 

State’s surveys conductedunder paragraph (2). k 

conducting such surveys, the Secretary shall use 

the same survey protocols as the State is required 

to use under paragraph (2). Uthe State has deterrnined 

that an individualhabilitation facility meets 

the requirements of subsections (b), (c), and (d), 

but the Secretary determines that the facility does 

not meet such requirements, the Secretary’s determination 

as to the facility’snoncompliancewith 

such requirements is binding and supersedes that 

of the State survey. 

“@) REDUCTION IN ADMINISTRATIVE 

COSTSFOR SUBSTANDARDPERFORMANCE.— If 

the Secretary finds, on the basis of such surveys, 

that a State has failed to perform surveys as required 

under paragraph (2) or that 

a State’s 

survey and certification performance otherwise is 

not adequate, the Secretary may provide for the 

training of survey teams in the State and shall 

provide for a reduction of the payment otherwise 

made to the State under section 1903(a)(2)@) 

with respect to a quarter equal to 33 percent multiplied 

by a fraction, the denominator of which is 

●S 10S8IS

Iient number 

cies of each 

aph (2). & 

ry shall use 

‘eis required 

te has deterfacility 

meets 

(c), and (d), 

facility does 

cretary’sdepliancewith 

persedesthat 

INISTRATIVE 

If RMANCE.— 

such surveys, 

urveys as reat 

a State’s 

otherwise is 

rovide for the 

ate and shall 

entotherwise 

1903(a)(2)@) 

percent m~orof 

which is 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

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18 

19 

20 

21 

22 

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24 

77 

equal to the total number of clients in habilitation 

facilities surveyed by the Secretary that quarter 

and the numerator of which is equal to the total 

number of clients in habilitation facilities which 

were found pursuant to such surveys to be not in 

compliance with any of the requirements of subsections 

(b), (c), and (d). A State that is dissatisfied 

with the Secretary’s findings under this subparagraph 

may obtain reconsideration and review 

of the findings under section 1116 in the same 

manner as a State may seek reconsideration and 

review under that section of the Secretary’s determination 

under sec@onll16(a)(l). 

“(C) SPECti SURVEYSOF COMPLIANCE.— 

Where the Secretary has reason to question the 

compliance of an habilitation facility with any of 

the requirements of subsections (b), (c), and (d), 

the Secretary may conduct a survey of the facility 

and, on the basis of that survey, make independent 

and binding determinations concetig the 

extent to which the habilitation facility meets such 

requirements. 

“(4) 

INVESTIGATION OF COMPLAINTSANDMONI- 

TORING HA.BILITATIONFACILITY COMPLIANCE.—

g 

,+ 

.. 3 

.; . 

1 

2 

4 

5 

6 

7 

78 

Each State and the Secretary shall maintain procedures 

and adequate staff to— 

“(A) investigate complaints of violations of 

requirementsby habilitation facilities, and 

“@) monitor, on-site, on a regular, as 

needed basis, an habilitation facility’s compliance 

with the requirements of subsections (b), (c), and 

(d), if– 

“(i) the facility has been found not to be 

in compliancewith such requirements and is 

11 

12 

13 

in the process of correcting deficienciesto 

achieve such compliance; 

“(ii) the facility was previously found 

not to be in compliance with such requirements, 

has corrected deficiencies to achieve 

such compliance, and verification of continued 

complianceis indicated; or 

“(iii) the State or the Secretary, respec- 

19 

21 

22 

tively, has reason to question the compliance 

of the facilitywith such requirements. 

“(5) DISCLOSUREOF RESULTSOF INSPECTIONS 

ANDACTMTIES.— 

“(A) PUBLIC INFORMATION. -Each 

State, 

and the Secretary, shall make available to the 

public— 

●S 1088IS

79 

Laintainproce- 

1 

“(i) information respecting all 

surveys 

2 

and 

certifications made respecting 

habilita- 

f violations of 

3 

tion 

facilities, including statements 

of defi- 

3,and 

4 

cienciesand plans of correction, ~ 

b regular, 

as 

5 

“(ii) copies of cost reports 

of such facili- 

y’s compliance 

6 

ties filedunder this title, 

is (b), (c), and 

7 

“(iii) copies of statements 

of ownership 

8 

under section 1124, and 

ound not to be 

9 

“(iv) information disclosedunder section 

“ementsand is 

10 

1126. 

deficiencies to 

11 

“(B) NOTICETOPROTECTIONANDADVOCA- 

12 

CYsYsTEM.—EachState shall notify the agency 

JViOUSIYfound 

13 

responsible 

for the protection and advocacy 

such require- 

14 

system for 

developmentally ‘disabled individuals 

ies to achieve 

15 

established 


;ion of contin- 

16 

Disabilities 

Assistance and Bill of Rights Act of 

?r 

Bcretary,respec- 

I 

17 

18 

the State’s findings of noncompliancewith any of 

the requirements of subsections b), (c), and (d), 

I the compliance 

19 

with respect to an habilitation facility in the 

.rements. 

20 

State. 

)F INSPECTIONS 

21 

“(C) NOTICETO F-Y.—U 

a State finds 

22 

that an habilitation facility has provided services 

~.—Each State, 

23 

of substandard quality, the State shall notify the 

available to the 

24 

parent (if the client is a minor), or legal guardian

...- ,. 

1 

2 

3 

4 

5 

6 

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8 

9 

10 

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12 

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25 

(if any) of each client with respect to which such 

findingis made. 

“@) ACCESSTO FRAUDCONTROLUNITS.— 

Each State shall provide its State medicaid fraud 

and abuse control unit (established under section 

1903(q)) With access to all information of the 

State agency responsiblefor surveys and certifications 

under this subsection.”. 

(b) REQUIREDPOSTINGOF SURVEYRESuLTs.-Section 

1927(d)(4)of such Act, as inserted by section 201 of this 

Act, is amendedby adding at the end the followingnew subparagraph: 

“(0) POSTINGOF SURVEYRESULTS. -An 

habilitation facility must post in a place readily 

accessibleto clients the results of the most recent 

survey of the facility conducted under subsection 

(g).”. 

SEC.203.ENFORCEMENT PROCESS. 

(a) IN GENERAL.—Section 1927 of the Social Security 

Act, as inserted by section 201 and amendedby section 202, 

is further amended by adding at the end the followingnew 

subsection: 

“(h)ENFORCEMENT PROCESS.— 

“(1) h GENERAL .—~ a State finds, on the basis 

of m annual survey under subsection (g)(2) or other- 

●S 1088IS

81 

IO which such 

P OLUNITS.— 

edicaid fraud 

P 

under section 

‘$ ,. 

1 

2 

3 

4 

5 

wise, that an habilitation facility no longer meets a requirement 

of subsection (b), (c), or (d), and further finds 

that the facility’sdeficiencies— 

“(A) immediately jeopmdize the health or 

safety of its clients, the State shall take im.rnedi- 

bation of the 

and certifica- 

I 

6 

7 

8 

ate action to remove the jeopardy and correct the 

deficienciesthrough the remedy specifiedin paragraph 

(2)(A)(iii),or terminate the facility’spartici- 

~s~Tso—sec- 

9 

pation under the State plan and may provide, in 

lion 201 of this 

10 

addition, for one or more of the other remedies 

bwingnew sub- 

11 

describedin paragraph (2); or 

12 

“(B) do not immediately jeopardize the 

RES~TS.—An 

13 

health or safety of its clients, the Statemay— 

z place readily 

14 

“(i) terminatethe facility’s participation 

jhe most recent 

15 

under the State plan, 

uder subsection 

16 

“(ii) provide for one or more of the rem- 

17 

edies describedin paragraph (2), or 

18 

“(iii) do both. 

Social Security 

19 

Nothing in this paragraph shall be 

construed as re- 

by section202, 

20 

stricting the remedies available to a 

State to remedy 

Dfollowingnew 

21 

an habilitation facility’s deficiencies. If a State finds 

22 

that an habilitation facility meets the requirements of 

23 

subsections (b), (c), and (d), but, as of a previous 

ids, on the basis 

24 

period, did not meet such requirements, the State may 

(g)(2) or Otber- 

25 

provide for a civil money penalty under paragraph 

s 1088 Is——6

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82 

(2)(A)(ii)for the days in which it finds that the facility 

was not in compliancewith such requirements. 

“(2) SPECIFIEDREMEDIES.— 

“(A) LIST~G.—Except as provided in subparagraph 

@)(ii),each State shall establish by law 

(whether statute or regulation) at least the following 

remedies: 

“(i) Denial of payment under the State 

plan with respect to any individual admitted 

to the habilitation facility ‘involvedafter such 

notice to the public and to the facility as 

may be providedfor by the State. 

“(ii) A civil money penalty assessed and 

collected, with interest, for each day in 

which the facfity is or was out of compliance 

with a requirement of subsection (b), (c), or 

(d). Funds collectedby a State as a result of 

impositionof such a penalty (or as a result of 

the impositionby the State of a civil money 

penalty for activities described in subsection 

(g)(2)(A))sha~ be applied to the protection of 

the health or property of clients of habilitation 

facilities that the State or the Secretary 

finds deficient, including pa~ent for the 

costs of relocation of clients, maintenance of 

●s 1088Is

at the facility 

Lents. 

~vided@ subtablish 

by law 

kst the followlder 

the State 

idual admitted 

.vedafter such 

the facility as 

eu. 

~assessed and 

each day in 

of compliance 

ion (b), (c)j or 

! as a result Of 

r as a result Of 

‘ a civil money 

~ in subsection 

le protection Of 

lnts of habilitar 

the Secretary 

,Pent for the 

maintenance Of 

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83 

. 

operation of a facility pending correction of 

deficienciesor closure, and reimbursement of 

clients for personal funds lost. 

“(iii) In cases where a correction or reduction 

plan has not. been approved under 

subsection (i), the appointment of temporary 

management to oversee the operation of the 

facility and to assure the health and safety of 

the facility’s clients, 

where there is a need 

for temporary‘managementwhile— 


“~ there is an orderly closure 

the facility, or 

“~ improvements are made 

of 

order to bring the facility into compliance 

with all the requirements of subsections 

(b), (c), and (d). 

temporary management under this 

clause shall not be terminated under subclause 

(II) until the State has determined 

that the facility has the management capabil- 

ity to ensure continued compliance with all 

the requirements of subsections (b), 

(d). 

in 

(C),and 

“(iv) The authority, in the case of an 

emergency, to close the facility, to transfer

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84 

clients in that facility to other facilities, or 

both. 

The State also shall specify criteria, as to when 

and how each of such remedies is to be applied, 


of these remedies, to be used in the impositionof 




and shall provide for the imposition of incrementally 

more severe fines for repeated or uncorrected 

deficiencies. In addition, the State may provide 

for other specifiedremedies, such as plans of correction 

and reduction plans under subsection(i). 

“(B) DEADL~ m GTJIDANCE.-ASa condition 

for approval of a State plan for calendar 

quarters beginning on or titer January 1, 1991, 

each State shall establish the remedies described 

in clauses (i) through (iv) of subparagraph (A) by 

not later than January l; 1991. The Secreta~ 

shall provide, through regulations or otherwise by 

not later than July 1, 1990, guidance to States in 

establisfig such remedies; but the failure of the 

Secretary to provide such guidance shall not re- 

I 

I

7 

facilities, or 

as to when 

be applied, 

>rityof each 

repositionof 

designed so 

dentification 

he remedies 

)f incremenuncorrected 

nay provide 

?lansof corection 

(i). 

—As a confor 

calendar 

,ry 1, 1991, 

es described 

~aph (A) by 

‘he Secretary 

otherwiseby 

e to States ~ 

failure of the 

shall not re- 

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85 

lieve a State of the responsibility for establishing 

such remedies. 

“(C) ASSURINGPROMPTCOMPLIANCE.-~ 

an habilitation facility has not compliedwith any 

of the requirements of subsections(b), (c), and (d), 

within 3 months after the date the facility is found 

to be out of compliance with such requirements, 

and a reduction plan has not been approved with 

respect to the facility under subsection (i), the 

State shall impose the remedy described in subparagraph 

(A)(ii)and the remedy describedin subparagraph 

(A)(i)for all individualswho are admitted 

to the facility after such date. 

“~) REPEATEDNONCOMPLIANCE.-IRthe 

case of an habilitation facility which, on 3 consecutive 

annual surveys conducted under subsection 

(g)(2), has been found not to provide continuous 

active treatment of adequate quality and effectiveshall 

(regardless of what other 

ness, the State 

remedies are provided)— 

“(i) impose the remedies described in 

clauses (i) and (ii) of subparagraph (A), and 

“(ii) monitor the facility under subsection 

(g)(4)@), 

.— 

●S 1088IS

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86 

until the facility has demonstrated, to the satisfaction 

of the State, that it is in compliancewith the 

requirements of subsections (b), (c), and (d), and 

that it will remain in compliance with such requirements. 

Under clause (i), the remedy described 

in subparagraph (A)(ii) shall be applied 

with 

respect to each day of noncompliance cov- 

ered under any of such 3 annual surveys. 

“@) m~G.—The reasonable expenditures 

of a State to provide for temporary management 

and other expenses associated with implementing 

the remedies describedin clauses (iii)and 

(iv) of subparagraph (A) shall be considered, for 

purposes of section 1903(a)(7),to be necessary for 

the proper and efficient atistration of the 

State plan. 

“(3) SECRETARm AUTHORITY.— ~ 

“(A) FOR STATE HABILITATIONFACILI- 

Tms.—With respect to a State habilitation facility, 

the Secretary shall have the authority and 

duties of a State under this subsection, including 

the authority to impose remedies described in 

clauses (i), (ii), and (iii)of paragraph (2)(A),except 

that the remedy described in subparagraph (C)(ii) 

I 

●S 1088IS

FY e s. 

bble expendibrary 

managed 

with implelauses 

(iii)and 

)onsidered,for 

rnecessary for 

ration of the 

TION FAC~I- 

]ilitation facilauthority 

~d 

tion, including 

described in 

(2)(A),except 

ragraph (C)(ii) 

1 

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3 

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[5 ~ 

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87 

shall be substituted for the remedy described in 

paragraph (2)(A)(ii). 

“(B) OT=R HABILITATIONFACILITIES.— 

With respect to any other habilitation facility in a 

State, if the Secretary finds that an habilitation 

facility no longer meets a requirement of subsection 

b), (c), or (d), and further finds that the facility’s 

deficiencies— 

“(i) immediately jeopardize the health 

or safety of its clients, the Secretary shall 

take immediate action to remove the jeopardy 

and correct the deficienciesthrough the 

remedy specified in subparagraph (C)(iii),or 

terminate the facility’s participation under 

the State plan and may provide, in addition, 

for one or more of the other remedies described 

in subpara~aph (C); or 

“(ii) do not immediately jeopardize the 

health or safety of its clients, the Secretary 

may impose any of the remedies describedin 

subparagraph (C). 

Nothing in this subparagraph shall be construed 

as restricting the remedies available to the Secretary 

to remedy an habilitation facility’s deficiencies. 

If the Secretary finds that an habilitation fa- 

●S 1088IS

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12 

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14 

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16 

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19 

20 

21 

22 

23 

24 

cility meets 

ous period, 

88 

such requiremen~sbut, as of a previdid 

not meet such requirements, the 

Secretary may provide for a civil money penalty 

under subparagraph (C)(ii)for the days on which 

he finds that the facility was not in compliance 

with such requirements. 

“(c) 

may take 

SPECIFIEDREMEDIES. —The Secretary 

the following actions with respect to a 

finding that a facility has not met an applicable 

requirement: 

“(i) DENIALOF PAYMENT.-The Secretary 

may deny any further payments to the 

State for medical assistance furnished by the 

facility to all individuals in the facility or to 

individuals admitted to the facility after the 

effectivedate of the finding. 

CM 

“(ii) AUTHORITYWITH RESPECTTO 

MONEYPENA.LTIES.-The Secretq 

may impose a civil money penalty in an 

amount not to exceed $10,000 for each day 

of noncompliance. The provisions of section 

1128A (other than subsections (a) and (b)) 

shall apply to a civil money penalty under 

the previous sentence in the same manner as 

●s 1088Is

Ias of a previ- 

“ements, the 

oney penalty 

ys on which 

in compliance 

i 3 

4 

5 

i 6 

89 . 

such provisions apply to a penalty or proceeding 

under section l128A(a). 

“(iii) APPOINT~NT oF TEmOR=Y 

WAGE~NT.—IU consultation with the 

State, the Secretary may appoint temporary 

management to oversee the operation of the 

~The Secreta~ 

7 

facility and to assure the health and safety of 

;h respect to a 

8 

the facility’s clients, where there is a need 

i an applicable 

! 

9 

10 

for temporary management while— 


iT.—l’he sec- 

11 

the facility, or 

ayments to the 

12 

“~ improvements are made in 

tished 

by the 

13 

order to bring the facility into compli- 

e facility or to 

14 

ance with all the requirements of sub- 

cility titer the 

15 

sections (b), (c), and (d). 

16 

The temporary management ~der this 

RESPECTTO 

17 

clause shall not be terminated under sub- 

The Secretary 

18 

clause (II) until the Secretary has deter- 

penalty in ~ 

19 

mined that the facility has the management 

Dfor each day 

20 

capability to ensure continued compliwce 

ions of section 

21 

with all the requirements of subsections (b), 

IS (a) and b)) 

22 

(c), and (d). 

penalty Waler 

23 

The Secretary shall specify criteria, as to when 

~memanner m 

24 

and how each bf such remedies is to be applied, 

25 


,.. 

●S1088IS 

..—’ .-. . . ..—.——-. ._— ___ .—. ..-.—

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25 

90 

of these remedies, to be used in the impositionof 




and shall provide for the imposition of incrementally 

more severe fines for repeated or wcorrected 

deficiencies. 

“(D) CONTINUATIONOF PAmNTS PEND- 

INGREMEr)IATION.-TheSecretary may continue 

payments, over a period of not longer than 6 

months, under this title with respect to an habilitation 

facility not in compliance with a requirement 

of subsection(b), (c), or (d), if— 

“(i) the State survey agency finds that 

it is more appropriate to take alternative 

action to assure prompt complianceof the facility 

with the requirements than to terminate 

the certification of the facility, 

“(ii) the State has submitted a plan and 

timetable for corrective action to the Secretary 

for approval and the Secretary approves 

the plan of corrective action, and 

“(iii) the State agrees to repay to the 

Federal Government payments received 

under this subparagraph if the corrective 

●s 1088Is

1position of 

designed s. 

“identification 

he remedies 

of incremen- 

; uncorrected 

ENTS PENDnay 

continue 

tiger than 6 

to an habili- 

;h a requirecy 

finds that 

e alternative 

nce of the fa- 

~anto termiity, 

~da plan and 

to the Secretary 

approves 

d 

repay to the 

nts received 

he corrective 

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91 

action is not taken in accordance with the 

approved plan and timetable. 

The Secretary shall establish guidelines for the 

approval of corrective actions requested by States 

under this subparagraph. 

“(E) CONTINUATIONOF PAYMENTSUNDER 

REDUCTIONPL~s.—!L’he Secretary may continue 

payments in the case of habilitation facilities 

under the terms and conditionsof a reduction plan 

approved under subsection (i), but only with respect 

to services provided on or after the date of 

such approval. 

“(4) EFFECTIVEPERIODOF DENIALOF PAY- 

MENT.—Afinding to deny payment under this subsection 

shall terminate when the State or Secretary (or 

both, as the case may be) finds that the facility is in 

compliancewith all the requirements of subsections(b), 

(c), and (d). 

“(5) mDIATE TERMINATIONOF PARTICIPA- 

TIONFOR FACILITYWHERESTATEOR SECRETARY 

FINDS NONCOMPLL4NCE IMMEDIATEJEOP- 

ARDY.-~ either the State or the Secretary finds that 

an habilitation facility has not met a requirement of 

subsection(b), (c), or (d), and finds that the failure im- 

●S10EE IS

:’ 

. 

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92 

mediately jeopardizes the health or safety of its clients, 

the State or the Secretary— 

and 

the 

the 

“(A) shall notify the other of such finding, 

“(B) shall take immediate action to remove 

jeopardy and correct the deficienciesthrough 

remedy specified in paragraph (2)(A)(iii)or 

(3)(C)(iii),or terminate the facility’s participation 

under the State plan. 

If the facility’sparticipation in the State plan is terminated 

by either the State or the Secretary, the State 

shall provide for the safe and orderly transfer of the 

clients eligible under the State plan consistent with the 

requirements of subsection(c)(2). 

“(6) SHARINGOF INFORMATION.-~otwithstWding 

any other provision of law, all information concerning 

habilitation facilities required by this section to be 

filed with the Secretary or a State agency shall be 

made available to Federal or State employees for purposes 

consistent with the effective atistration 

programs established under this title, including investigations 

by State medictid fraud control units. 

“(i)REDUCTIONPLANS.— 

“(1) ~ GENERAL .—If there is .a finding under 

subsection (h)(I)@) (including a similar fiding 

of 

~der 

●S1088IS 

. . .-,,...-=.=, -...=d

\y of its clients, 

~fsuch fintig, 

I 2 

3 

93 

subsection @)(3)(A))or @)(3)@)(i.i)that an habilitation 

facility has any deficiency that does not irn.rnediately 

jeopardize the health or safety of its clients, the State 

4 

may elect in accordance with this subsection to submit 

tion to remove 

I 

5 

to the Secretary a written plan— 

Iencies through 

6 

“(A) for permanently reducing the number of 

h (2)(A)(iii)or 

7 

certified beds, within 36 months of the date of the 

‘s participation 

8 

findings, so that, by the end of such period, the 

9 

facility no longer has such deficiency,and 

~plan is termi. 

10 

“(B) for providing services to clients of the 

tary, the State 

11 

facility who will not continue to receive habilita- 

transfer of the 

12 

tion facility services at the affected facility after 

~istentwith the 

13 

such reduction, including (for clients not in an ha- 

14 

bilitation facility) community habilitation and sup- 

-~otwithstand- 

15 

portive services. 

hationconcern- 

16 

“(2) APPRovu OF PLMS.—The Secretary may 

k section to be 

17 

not approve a plan submitted under paragraph (1) 

~ency shall be 

18 

unless— 

Ioyees for pur- 

19 

“(A) the Statehas provided for a hearing on 

ministration Of 

20 

the plan at the facility involved at least 6 months 

~lu~g investi- 

21 

before the date of submission of the plan, after 

22 

reasonable notice thereof to the staff and clients Of 

23 

the facility, members of the clients’ families, and 

24 

the public, 

●S 1088IS 

.-,.,.—.-. 

. .-,.-— —— 

. —.., ,.— ——-.

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plan 

94 

“(B) the State demonstrates that, with respect 

to clients described in paragraph (I)(B), the 

State has successtiy provided services similar to 

the services to be provided to such clients under 

the plan, 

“(C) the plan meets the requirements of 

paragraph (3), and 

“(D) the State has provided the assurances 

required under subsection (j). 

“(3) REQUIREMENTSOF REDUCTIONPLANS.— 

requirements of this paragraph for a reduction 

with respect to a facility are as follows: 

“(A) The plan must— 

“(i) identify the clients described in 

paragraph (I)(B), 

“(ii) describe each such client’s needs 

for services described in that paragraph and 

a timetable for protiding such services, 

“(iii)provide for continuousactive treatment 

for such clients under the clients’IPPs, 

and 

“(iv) identify necessary safeguards (including 

adequate standards for provider participation) 

to be taken to protect the health 

and welfare of such clients; 

! 

!

Ithat, with re- 1 

ph (l)@), the 2 

“cessimilar to 3 

clients under 4 

5 

quirements of 6 

7 

the assurances 8 

9 

TON PLANS.— 

or a reduction 

Ows: 

10 

11 

12 

13 

95 

however, individuallyidentifiableinformationidentified 

under this subparagraph and respecting a 

client shall be treated as confidential and not 

made available to the public. 

“(B) The plan must permit each client of the 

facility who would continue to be eligiblefor medical 

assistance while a client of such a facility the 

option of remaining a client of such a facility or a 

similar facility. 

“(C) The plan must specify the actions to be 

taken, includingmaintenance of adequate ratios of 

qualified staff to clients, (i) to protect the health 

and safety of clients who remain at the facility 

s described in 

1 client’s needs 

paragraph and 

services, 

USactive treate 

clients’nrs~ 

safeWards (inr 

provider partect 

the health 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

while the reduction plan is in effect and (ii) to 

provide for continuous active treatment for such 

clients under the clients’IPPs. 

“(D) No facility (public or private) providing 

Medicaid services for mentally retarded clients 

shall be subject to reduction or closure plans, 

other than for confirmed violations of approved 

standards, without prior review of such plans in a 

public hea~g, conducted at least 6 months in advance 

of the submission of such plans, wherein 

~1 opportunity has been provided for staff, clients, 

parents, guardians, duly authorized repre- 

.S 1088IS

,, ,. 

-4 

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96 

sentatives, and members of the public to express 

their views. 

“(E) ~ the event that closure of an habilitation 

facility is contemplated, the State should provide 

advance notice of the 

days) to the staff, residents, 

lies, and dtiy 

authorized 

State should assure that all 

proposed closure (9o \ 

their guardians, famirepresentatives. 


residents being transferred 

are, in fact, being transferred or moved to 

a facility that is able to provide the required services 

and care. The facility, or any part thereof, 

should not be closed until all residents have been 

properly and satisfactorilylocated. 

“~) An habilitation facility may not transfer 

or discharge a client following prescribed procedures 

including advance notice to parents, guardians, 

or duly authorized representatives, until satisfactory 

arrangements have been made with the 

receiving facility and assurances have been obtained 

to the effect that the receiving facility is 

fully capable of providing the required care and 

services. In the event that the facility to which 

the client is transferred is unable to provide the 

I 

required care and services, the client is to be ~ 

facility and retained 

..

I 

ublic to express 

yeof an habilita. 

Ytateshouldpro. 

~sed closure (9o 

guardians, famissentatives. 


.ents being trans- 

1 

~de or moved to 

I1he required servny 

part thereof, 

idents have been 

Izmay not transfer 

prescribed proce- 

10 parents, guard- 

1tatives, until satmade 

with the 

s have been obceiving 

fac~ity ‘s 

required care and 

facility to which 

rle to provide the 

e client is to be 

~ility and retained 

1 

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at 

97 

such facility until a satisfactory transfer is 

arranged. 

“(4) SE~AL REVIEWOF COMPLIANCE.— 

The Secretary shall, at 6-month intervals, review compliance 

of States with reduction plans approved under 

this subsection. If the Secretary determines in such a 

review that the State has failed to complywith the requirements 

of paragraph (3) or the assurances describedin 

subsection(j), the Secretary shall— 

“(A) terminate the facility’s participation 

under the State plan, or 

“m) disallow, for purposes of Federal financial 

participation, an amount equal to 5 percent of 

the cost of care for all eligible individuals in the 

facility for each month for which the failure 

continues. 

If the Secretary determines in such a review that the 

State has failed to comply with the requirement of 

paragraph (3)(C), the Secretary shall disallow, for purposes 

of Federal financial participation, the cost of care 

for all eligibleindividualsin the facility for each month 

for which the failure continues.”. 

(b) REPEALOF PREVIOUSCORRECTIONANDREDUC- 

24 TION PLAN PROVISION.—Section 1922 of such Act (42 

25 U.S.C. 1396r) is repealed. 

.... .. 

S 1088 IS——7

98 

(c) CONFORMINGAMENDMENTS.-(1)Section 1902 of 

such Act (42 U.S.C. 1396a) is amended by striking subsec. 

I 

tion (i). 

(2) Section 1903(i) of such Act (42 U.S.C. 1396b(i))is 

amended by striking the period at the end of paragraph (7) 

and inserting “; or” and by adding at the end the following 

new paragraph: I ! 

“(8) with respect to any amount expended for I 

medical assistance for hqbilitation facility services to 

I 

reimburse (or otherwise compensate)an habilitation facility 

for payment of a civil money penalty imposed 

under section 1927(h).”. 

I 

(3) Section 1910 (42 U.S.C. 1396i)is amended— 

(1) by striking subsection(b), and I 

(2) in subsection (a), by striking “(a)(l)” and “(2)” 

and inserting “(a)” and “(b)”, respectively. 

SEC.204.EFFECTIVEDATES. 

(a) NEWREQUIREMENTSANDSURVEYANDCERTIFI- 

CATIONPROCESS.—Except as otherwise specificallyprovided 

in section 1927 of the Social Security Act, the mendments 

made by sections 201 and 202 (relating to habilitation 

facility requirements and survey and certification requirements) 

shall apply to habilitation facilityservicesfurnishedon 

or after January 1, 1991, without regard to whether regula- 

●S 1088IS 

I

on 1902 of 

\ 

~g subsec. 

1396b(i))is , 

ra~aph (7) 

e following 

pended for 

services tO 

ilitationfaty 

imposed 

ed— 

“ and “(2)” 

OERTmIallyprovidthe 

amendhabilitation 

on requireurnishedon 

~ 

therregula- 

99 

1 tions to implement such amendments are promulgated by 

2 such date. 

3 (b) ENFORCEMENT. —Except as otherwise specifically 

4 provided in section 1927 of the Social Security Act, the 

5 amendmentsmade by section 203 of this Act shall take effect 

6 on the date of the enactment of this Act and shall apply to 

7 payments under title XIX of the Social Security Act for cal- 

8 endar quarters beginning on or after the date of the enact- 

9 ment of this Act, without regard to whether regulations to 

10 implement such amendments me promulgated by such date. 

11 (c) TRANSITIONALR.~E. —b applying the amend- 

12 ments made by this title for services furnished before 

13 January 1, 1991— 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

(A) any reference to an habilitation fac~ty 

deemed a reference to an intermediate care facility for 

the mentally retarded, and 

(B) with respect to such m habilitation facility, 

any reference to a requirement of subsection(b), (c), or 

(d), is deemed a reference to the provisions of section 

1861(j) or section 1905(c), respectively, of the Social 

Security Act. 

(d) WAIVER OF PAPERWORKREDUCTION,ETC.— 

Chapter 35 of title 44, United States Code, and Executive 

Order 12291 shall not apply to information and regulations 

is 

i 

●S 1088IS

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6 

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9 

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12 

13 

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15 

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100 

required for purposesof carrying out this title and implementing 

the amendmentsmade by this title. 

(e) RELATIONTO CURRENTREGULATIONS. —For any 

period before the effective date of the requirements established 

under this title, nothing in this title shall be construed 

as superseding the final regulations (published on June 3, 

1988, 53 Federal Register 20448) setting forth conditionsfor 

intermediate care facilities for the mentally retarded under 

the Medicaidprogram. 

SEC.205.ANNUALREPORT. 

The Secretary of Health and Human Services shall 

report to the Congress annually on the extent to which habilitation 

facilities are complying with the requirements of 

subsectionsb), (c), and (d) of section 1927 of the Social Security 

Act (as added by the amendments made by this title) 

and the number and type of enforcement actions taken by 

States and the Secretary under section 1927(h) of such Act 

(as addedby section203 of this Act). 

I 

●S 1088IS

implement- 

\.—For any 

~ents estab- 

)econstrued 

on June 3, 

onditionsfor 

arded under 

t 

101 

I TITLEIII—APPROPRIATEPLACE- 

2 MENT FOR INDIVIDUALSWITH 

3 MENTAL RETARDATIONOR RE- 

4 LATEDCONDITION 

5 SEC. 301.STATEPREADMISSIONSCREENINGANDANNUAL 

6 CLIENTREVIEWREQUIREMENTS. 

7 Section 1927 of the Social Security Act, as inserted by 

8 section 201 of this Act, is further amended by inserting after 

9 subsection(d)the followingnew subsection: 

10 “(e) STATE REQUIREMENTFOR PREAD~SSION 

rvices shall 

o which hairements 

of 

e Social Seby 

this title) 

ns taken by 

of such Act 

11 SCREENINGANDCLIENTREVIEW.— 

1 

“(1) ~ GENERAL.— 

13 

“(A) STATE CONDITIONOF PLANAPPROVi 

; 14 AL.-AS a condition of approval of its plan under 

15 this title, effective January 1, 1991, the State 

16 

17 

18 

must have in effect a preadmission screening program, 

for making determinations (using any criteria 

developed under subsection (f)(8))described in 

20 

21 

22 

23 

24 

25 

subsection (b)(3)@)for individualswith mental retardation 

or related condition (as defined in section 

1905(m))who are admitted to habilitation facilities 

on or after January 1, 1991. The failure of 

the Secretary to develop minimum criteria under 

subsection (f)(8) shall not relieve any State of its 

responsibility to have a preadmission screening 

●S 1088IS

102 

1 

program under this paragraph 

or to perform client 

2 

reviews under paragraph (2). 

3 

3 

“(B) 

FEDERAL MINIMUMCRITERIAAND 

4 

MOMTORINGFOR PREADMISSIONSCREEmG 

5 

ANDCLIENTREVIEW.— 

6 

“(i) ~ 

cRITERLA.-The Secre- 

7 

tary shall develop, by not later than July 1, 

8 

1990, minirnurn criteria for States to use in 

9 

mahing determinations under subsection 

10 

@)(3)~ and paragraph (2) of this subsection 

11 

and in permitting individuals adversely 

af- 

12 

fected to appeal such determinations, 

and 

13 

shall notify the States of such criteria. 

14 

“(ii) MOmTORINGcoMpLwcE.-The 

15 

Secretary shall review a sufficientnumber of 

I 

16 

cases to allow reasonable inferences about 

17 

18 

the adequacy of each State’s complimce with 

the, requirements of paragraph (3)(A) (relat- 

I 

19 

ing to discharge and placement for active 

20 

treatment of certain clients). 

21 

“(2) STATEREQ~EMENT FORANNUALCLIENT 

22 

REVIEW.— 

23 

“(A) h 

GENERAL.-As of January 1, 1991, 

24 

in the case of each client, of an 

habilitation f~ili- 

25 

ty, with mental retardation or 

related condition? 

●S1088IS

0 perform client 

CRITERIAAND 

JN 

SCREENING 

A .—The Secre- 

ter than July 1, 

States to use in 

der 

subsection 

f ttis subsection 

s adversely afrminations, 

and 

h criteria. 

LHcE.–The 

icient number of 

inferences about 

,compliance~th 

aph (3)(A) (relatement 

for active 

! 

. 

:ANNUALCLIENT 

‘January 1, 1991, 

habilitation facilirelated 

cond.ition~ 

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2 

3 

4 

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8 

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12 

13 

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15 

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19 

20 

21 

22 

23 

24 

25 

●S1088IS 

the State 

103 

mental retardation or developmental 

disability authority must review and determine 

(using any criteria developed under subsection 

(f)(8)and based on an independent evaluation perby 

a person or entity other than 

formed on site 

the facility)— 

“(i) whether or not the client requires 

the level of services provided by an habilitation 

facility; and 

“(ii) whether or not the client requires 

community habilitation and supportive 

services. 

Such independent evaluation shall take into account 

the comprehensive functional assessment 

under subsection(b)(4). 

“(B) ~REQ~NCY OFREVLEWS.— 

“(i) *AL. -Except as provided in 

clauses (ii) and (iii), the reviews and determiunder 

subparagraph (A) must be con- 

nations 

ducted with respect to each client with 

mental retardation or related condition not 

less often than annually. 

“(ii) PREADMISSIONREVIEWCASES.— 

In the case of a client subject to a preadmission 

review under subsection (b)(3)~, the

1 

.2 

.:, 

104 

review and determination under subpar& 

~aph (A) need not be done until the client 

has resided in the habilitation facility for 1 

year. 

5 

6 

7 

8 

9 

10 

11 

12 

13 

,. 14 

17 

“(iii) ~TIAL RE-w.—The reviews 

and determinations under subparagraph (A) 

must first be conducted (for each client not 

subject to preadmissionreview uder subsection 

@)(3)~) by not later than January 1, 

1992. 

“(3) RESPONSETO PREADMISSIONSCREENINQ 

MD CLIENTREWW.—AS of January 1, 1991, the 

State must meet the followingrequirements: 

“(A) CLIENTSNOT REQUIRINGHABILITA- 

TIONFACILITYSERVICES,BUTREQUIRINGCO~- 

MUNITYHABILITATIONANDSUPPORTIVESERV- 

ICES.—k the case of a client who is determined, 

,21 

22 

23 

25 

●S 1088IS 

under paragraph (2), not to require the level of 

services provided by an habilitation facility,but ~ 

require community habilitation and supportive 

services, the State must, in consultation with the 

client’s family or legal representative and C@- 

~’ 

givers— 

“(i) arrange for the safe and orderly~J 

charge of the client from the facility, con~~~~ 

.,.. :, 

.z.- .+, 

,=:

under subpara- 

? until the client 

.on facility for 1 

7.—The reviews 

subparagraph (A) 

* each client not 

>Wunder subsecthan 

January 1, 

iION SCREENING 

g 1, 1991, the 

nents: 

RINGHARILITA- 

IEQUIRINGCOM- 

L?PORTIVESERVno 

is determined, 

uire the level of 

)n facility,but to 

and supportive 

ultation with the 

Ltativeand care- 

? and orderlydis- 

~facfity, consist- 

1 

11 

1 

I 

, 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

105 

ent with the requirements of subsection 

(c)(2), 

“(ii) prepare and orient the client for 

such discharge, and 

“(iii) provide for (or arrange for the provision 

of) such community habilitation and 

supportive services for the mental retardation 

or related condition. 

“m) CLIENTSNOT REQUIRmGHABILITA- 

TIONFACILITYSERVICES_ NOT REQUIRING 

COMMIJNITYHABILITATIONAND SUPPORTIVE 

SERVICES.-k the case of a client who is deternot 

to require the 

mined, under paragraph (2), 

level of services provided by an habilitation facility 

and not to require communityhabilitation and 

supportive services, the State must— 

“(i) arrange for the sde and orderly discharge 

of the client from the facility, consistent 

with the requirements of subsection 

(c)(2),and 

“(ii) prepare and orient the client for 

such discharge. 

“(4) DENIALOF PAYMENTWHEREF~URE TO 

coNDucT PRED~ssION SCREENING.-~O payment 

may be made under section 1903(a)with respect to has 

1088 Is——8

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

106 

bilitation facility services furnished to an individualfor 

whom a determination is required under subsection 

@)(3)~ or pmagraph (2) but for whom the determination 

is not made. 

“(5) &PEALS PROCEDURESBOTH FOR PRE- 

ADMISSIONDETERMINATIONS AND CLIENTREVIEW 

ANDFORTRANSFERSANDDISCHARGES.— 

“(A) PreadmiSSiOn 

DETERMINATIONS. -Each 

ANDCLmNT REVIEW 

state, asa conditionof 

approval of its plan under this title, effectiveJanuary 

1, 1991, must have in effect an appeals 

process for individualsadversely affectedby determinations 

under paragraph (1) or (2). 

“~) TRANSFERSANDDischarges.-Each 

State, as a condition of approval of its plan under 

this title, effectiveJanuary 1, 1991, must provide 

for a fair mechanism for hearing appeals on 

transfers or discharges of clients of habilitation 

facilities. Such mechanism must meet the 

guidelines established by the Secretary under subsection 

(f)(3);but the failure of the Secretary to 

establish such guidelines shall not relieve my 

State of its responsibilityto provide for such a fair 

mechanism.”. 

●S 1088Is

ndividual for 

r subsection 

e determina- 

I 

107 

I SEC.302.REVISIONOFUTILIZATIONREVIEWPROVISIONS. 

2 (a) REVISIONOF STATEPLANREQUIREMENT.-SeC- 

3 tion 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) 

4 is amended— 

FOR PRE- 

‘,NT REVIEW 

~ 

iNT REVIEW 

i conditionof 

~ffectiveJan- 

; an appeals 

~tedby deter- 

GEs.—Each 

s plan under 

must provide 

~ appeals on 

if habilitation 

; meet the 

ry under sub- 

Secretary to 

i relieve any 

for such a fair 

5 

6 

7 

8 

9 

! 10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

(1) in paragraph (30)(13),by striking “, intermediate 

care facility for the mentally retarded,” in clauses 

(i) and (ii)(II), and 

(2) by striking paragraph (31), and 

(3) in paragraph (44)— 

(A) in the matter before subparagraph (A), 

by striking “, services in an intermediate care facility 

for the mentally retarded,”, 

(B) in subparagraph (A), by striking “(or, in 

the case of skilled” the fist place it appears and 

all that followsthrough “a physician)”, 

(0) in subpara~aph (A) by striking “or, in 

the case of” the second place it appears and all 

that follows through “in collaboration with a 

physician,”, 

(D) in subparagraph (A), by striking “(or, in 

the case of services” and all that follows through 

“every year)”, and 

(E) in subparagraph ~), by striking “or, in 

the case” and all that follows through “physician”. 

●S1088Is

108 

i. ;... 

1 (b) REVISION OF PENWTY PROVISIONS.-SectiOn 

I 

2 1903(g)of such Act (42 U.S.C. 1396b(g))is amended— 

I 

3 (I) in paragraph (l)– 

1 

4 (A) by striking “or services in an intermedi- 

5 ate care facility for the mentally retarded” each 

6 place it appears, 

7 (B) by striking “and intermediate care facili- 

8 ties for the mentally retarded”, and 

9 (C) by striking “paragraphs (26) and (31)” 

10 and inserting “paragraph (26)”; 

11 (2) in paragraph (4)(13)– 

12 (A) by striking “and intermediate care facili- 

13 ties for the mentally retarded”, 

14 (B) by striking “paragraphs (26) and (31)” 

15 and inserting “paragraph (26)”, 

. .;, 

,. .. 

16 (C) by striking “and facilities” and “or facili- 

17 ty” each place it appears; 

18 (3) in paragraph (5)— 

19 (A) by striking “facility or institutional” ~d 

20 inserting “inpatient hospital”, and 

21 ~) by striking “facilities or institutions” 

22 each place it appears and inserting “hospitals”; 

23 and 

24 (4) in paragraph (6)– 

25 (A) by striking subparagraph (B), and 

I 

! 

(’ 

i

l\ , 

ONs.—Sectiorl 

rended— 

Ian interrnedi. 

retarded” each 

Iiate care facili- 

1 

(26) and (31)” 

iiate care facili- 

(26) and (31)” 

“ and “or facililstitutional” 

and 

or kstitutions” 

ting “hospitals”; 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

109 

(B) by redesignating subparagraph (C) as 

subparagraph @). 

(c) CONFORMING AMEND~NT8.-(l) Section 

l128(b)(12)@) of such Act (42 U.S.C. 1320a-7@)(12)@))iS 

amended by striking “(26), (31), ~d (33)” ~d ~serting 

“(26) and (33)”. 

(2) Section 1902(a) of such Act (42 U.S.C. 1396a(a))is 

amended— 

(A) ~ paragraph (33)(13),by stfig “section 

1919(d)” and inserting “section 1919 and section 

1927”, and 

(B) in the third sentence, by striking “(9)(A), (31), 

and (33)” and inserting “(9)(A)and (31)”. 

(3) Section 1905(a)(15) of such Act (42 UOSOCO 

1396d(a)(15))is amended by striking “, in accordance with 

section 1902(a)(31)(A),”. 

(d) EFFECTIVEDATE.—The amendmentsmade by this 

section shall not apply to a State until such date as of which 

the Secretary of Health and Human Services determines that 

the State has begun conducting annual surveys under section 

1927(g)of suchAct. 

, (B), and 

●s 1088Is

&~.. 

~i 

110 

I TITLE IV—PAYMENTFOR COMMU. 

2 NITYHABILITATIONAND SUP. 

3 PORTIVE SERVICESAND HA. \ 

4 BILITAT1ON FACILITYSERV. 

5 ICES 

6 SEC. 401.PAYMENTFOR COMMUNITYHABILIT+TION~ 

7 SUPPORTIVESERVICESAND HABILITATIoN 

8 FACILITYSERVICES. 

9 (a) REASONABLEm ADEQUATEPAYMENTS. -SeC. 

10 tic)n 1902 of the Social Security Act (42 U.S.C. 1396a) is 

1 

. 11 amended— 

k 

12 (1) in subsection (a)(13)— 

[ ~; 

13 (A) by striking “and” at the end of subpara- 

; 

14 graph (D), 

15 (B) by inserting “and” at the end of subpara- 

. 

‘-. 

* 

16 graph (E), and 

[ 

17 (C) by adding at the end the following new 

18 subparagraph: 

1 

19 “~ for payment— 

1$: 

20 “(i) for community habilitation and supi“ 

: 

* 21 portive services (as defined in section 

g‘“ 

t 

~.: f , 22 1926(a)) through rates which are reasonable 

g, ~ 

23 and adequate (and which may not be estab- 

[ i 

24 lished on a cavitation basis Or any Otherrisk 

[{ > 

25 basis) to meet the costs of providing services, 

●S 1088IS 

.. ... - ,---

:OMMU. 

D SUP. 

?D HA. 

SERV. 

!ATIONAND 

kBILITATIoN 

~NTS.—Sec- 

]. 1396a) is 

d of subparadof 

subparallowing 

new 

ion and supin 

section 

e reasonable 

ot be estaby 

other risk 

ing services, 

I 

1 

2 

3 

4 

5 

I 

6 

7 

8 

9 

10 

11 

12 

13 

I 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

111 

efficiently and economically, in conformity 

with applicable State and Federal laws, regulations, 

and quality and safety standards, 

and 

“(ii) for habilitation facility services 

through rates which are reasonable and adequate 

(and which may not be established on 

a cavitation basis or any other risk basis) to 

meet the costs which must be incurred by efficiently 

and economicallyoperated facilities 

in order to provide care and services in conforrnity 

with applicable State and Federal 

laws, regulations, and quality and safety 

standards;”; and 

(2) in subsection (h), by adding before the period 

at the end the following: “or to limit the amount of 

payment that may be made under a plan under this 

title for communityhabilitation and supportive services 

or for habilitation facility services”. 

~) DENIALOFFEDERALPA=NTS TOCOWENSATE 

FORCIVILMONEYpENAIJTIES.—Section 1903(i)(8)of such 

Act (42 U.S.C. 1396b(i)(8))is amended by inserting “(A)” 

after “medical assistance” and by inserting before the semicolon 

at the end the following: “for community habilitation 

and supportive services or habilitation facility services to re- 

●s 1088Is

2 

112 

imburse (or otherwise compensate) a provider of such services 

or habilitation facility for payment of a civil money penalty 

imposedunder this title or title XI”. 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

17 

18 

19 

20 

21 

22 

23 

i“. 24 

(c) EFFECT~ 

subsection(a)(1)shall apply— 

DATE.—(1) The amendments made by 

(A) to communityhabilitation and supportive services 

furnished on or after January 1, 1990, or, if later, 

30 days after the date of publication of interim regulations 

under section 1926(i)(l), and 

(B) to habilitation facility services furnished on or 

after January I, 1991. 

(2) The amendment made by subsection (a)(2) shall 

apply as though it was included in the enactment of the ‘ 

OmnibusBudget ReconciliationAct of 1981 (PublicLaw 97- 

35). 

(3) The amendment made by subsection (b) shall apply 

to civil money penalties imposed after the date of the enactment 

of this Act. 

TITLE V—EMPLOYEE PROTEC- 

TIONSAND MISCELLANEOUS 

SEC.501.EMPLOYEEPROTECTIONS FORCLOSURESANDRE- 

DUCTIONS INCAPACITY. 

(a) IN GENERAL.—section 1927 of the Social Security 

Act, as inserted by section 201 and amended by sections202 

-., ,. 

●s 1088Is

of such Serv- 

1money pen- 

113 

1 and 203 of this Act, is further amendedby adding at the end 

2 the followingnew subsection: 

3 “~) E~LO~E PROTECTIONSFORCAPACITY~=~G- 

>ntsmade by 

]portive serv- 

), or, if later, 

terim regulashed 

on or 

(a)(2) shall 

tment of the ‘ 

blicLaw 97- 

) shall apply 

ROTEC. 

Eous 

of the enact- 

@ESANDRE- 

1 

cial Security 

sections 202 

4 TIONS.— 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

’21 

22 

23 

24 

25 

“(1) k GENERAL.—As a requirement of its State 

● 

plan under section 1902(a), the State must provide 

that, in the case of any closure or reduction in capacity 

(whether through a reduction plan under subsection (i) 

or otherwise) of an habi.litation facility in the State 

made on or after the date of the enactment of this subsection, 

the following fair and equitable arrangements 

have been made to protect the interests of employees 

of the facility affectedby such closure or reduction: 

“(A) The preservation of rights, privileges, 

and benefits (including continuation of pension 

rights and benefits), under applicable collective 

bargaining agreements. 

“~) The continuation of collective bargaining 

rights through any certified representative. 

“(C) The protection of individual employees 

against a worsening of their positions with respect 

to their employment at the facility during the 

period of the closure or reduction. 

“(D) Except as provided in the last sentence 

of this paragraph, assurance of employment of af- 

SS 1088IS

114 

fected employees, with at least the same pay and 

same level of responsibilities. 

“(E) The establishment of paid training or 

retraining programs for employment of affected 

employeesin the provision of community habilitation 

and supportive services. 

“(l?) Provision of— 

“(i) a grievance procedure (meeting the 

requirements of paragraph (2)) for affected 

employees to assure the preceding requirements 

have been met with respect to such 

employees, or 

“(ii) another grievance procedure with 

respect to affected employees who have a 

certified bargatig representative, if such 

other grievance procedure has been agreed 

to by the State and by the certified bargaining 

representative. 

Nothing in this paragraph shall be construed as entitling 

an Mected employeeto lifetime emploPent or as 

protecting an employee against a discharge for good 

I 

II 

i 

! 

i I 

cause. 

“(2) REQUIREMENTSFOR GRIEV~GE PROCEl)uRE.-The 

grievance procedure under para~aph 

(l)(F)(i) shall include the following: 

I 

●s 1088Is

115 

Ie pay and 

1training or 

of affected 

“ty habilita- 

I 

I 

4 

5 

6 

“(A) Hormal resolution of the @evail(’c~, 

during the 60-day period beginning on the dal,t’~~f 

the filing of the grievance. 

“(B) After such period, the affected empl~~)’~~e 

shall be permitted, at the employee’selection, l.l~e 

option of (i) submitting the grievance to bin(lil~g 

7 

arbitration before a qualified arbitrator who iHil~- 

(meeting the 

8 

dependent of the interested parties, or (ii) a }I(!tIr- 

for affected 

9 

● 

ing on the grievance before a State agency. 

ig 

require- 

10 

“(C) An arbitration proceeding or hearing on 

ect to such 

11 

the @evance, under subparagraph (B), shall be 

12 

held within 45 days after the date of the re(jllf~st 

cedure with 

13 

for such arbitration or hearing under such ;{IIb- 

who have a 

! 

14 

paragraph. 

ive, if such 

15 

“(D) A decision on the grievance shulj be 

been agreed 

16 

made within 30 days after the date of such J~rO- 

ied bargain- 

17 

ceedingor hearing. 

18 

“(E) Costs of the arbitrator shall be di

116 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

“ 21 

22 

23 

24 

25 

for purposes of section 1903(a), costs of administration 

of the State plan under this title.”. 

(b) 

PAYMENT FOR TRAINING AND RETRAINING 

CosTS.—Section 1903(b) of such Act (42 U.S.O. 1396b@)) 

is amended by adding at the end the following new 

paragraph: 

“(4) ~ederal reimbursement is available under subsection 

(a)(7) for reasonable expenses associated with training 

and retraining programs for habilitation facility employees 

pursuant to section 1927(j)(l)(E).”. 

(c) EFFECTIVEDATE.—The amendments made by this 

section shall take effect on the date of the enactment of this 

Act. . 

SEC. i502.USE OF STATEDEVELOPMENTAL DISABILITIES 

AGENCYIN CERTAINMEDICAIDADMINISTRA- 

TIVEFUNCTIONS. 

(a) IN GENERAL.—Section 1902(a)(5)of the Social Security 

Act (42 U.S.O. 1396a(a)(5))is amended— 

(1) by inserting “(A)” after “except that”, and 

(2) by inserting before the semicolon at the end 

the following “, and (B) nothing in this paragraph shall 

be construed as preventing a State plan from assigning, 

to a State agency responsible for developmentally 

disabled individuals, specific management functions 

under the plm relating to provision of services under 

●s 1088Is

I“ “stration 

RETRAINING 

.C. 1396b@)) 

DoWing new 

kder subsecwith 

training 

ity employees 

made by this 

,ctmentof this 

DISABILITIES 

Administrate 

Social Se- 

— 

that”, and 

on at the end 

jaragraph shall 

n from assignkvelopmentally 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

117 

the plan to individualswith mental retardation or related 

condition”. 

(b) AVAILABmITYOF WTCHIN~ -s.—Section 

1903(a) of such Act (42 U.S.C. 1396b(a)) is amended by 

addingat the end the following: 

“Payment shall be+made available under paragraph (7) for 

amounts expended for reasonable administrative expenses of 

a State agency describedin section 1902(a)(s)@)in carrying 

out activities describedin that section in the same manner as 

they are available for similar reasonable administrative expenses 

of the single State agency described in section 

1902(a)(5).”. 

(c) EFFECTIVEDATE.—Theamentients made by this 

section shall take effect on the date of the enactment of this 

Act. 

o 

nent 

functions 

services under 

●S 1088IS


-----No. 14 of 37----------------------- 

S. 1114 by EXON (D-NE) -- Bankruptcy, Title 11 U.S.C., Amendment 


A bill to amend Title 11, United States Code, the Bankruptcy Code, to provide that 

a stay not apply to State property taxes. 

Introduced on Thursday, June 1, 1989 







Abstract 


Amends the Bankruptcy Code to provide that the petition for a stay against debt 

collection does not apply to property tax assessments imposed by State and local 

governments. 

Digest 


Amends the Bankruptcy Code to provide that the petition for a stay against debt 

collection does not apply to property tax assessments imposed by State and local 

governments.

Mr.EXON(f{ 

GRASSL 

DURENI 

Mr.Bu: 

‘GORE1 

dueedt] 

onA@, 

2 

1 “(14) under subsection (a) of this section, of the 

2 valuation, assessment, levy, or perfection of any lien 

3 under State law for any ad valorem property tax imby 

any political subdivision.”. 

4 posed 

o 

10:ST CO] 

1ST SE. 

Toamendt] 

refinanc 

telepho~ 

I 

To amend 

prepa; 

loans 

and fc 

1 1


! 

-----No. 15 of 37----------------------- 

1 S. 1115 by EXON (D-NE) -- Rural Electrification Act of 1936, Amendment 


A bill to amend the Rural Electrification Act of 1936 to permit the repayment and 

refinancing of Federal Financing Bank loans made to rural electrification and 

telephone systems, and for other purposes. 








Abstract 


Amends the Rural Electrification Act of 1936 to provide for Rural Electrification 

Administration loan prepayment and refinancing. 

Digest 


Amends the Rural Electrification Act of 1936 to permit Rural Electrification 

Administration borrowers to prepay Federal Financing Bank loans without penalties if: 

(1) private capital is used to replace or prepay such loans; and (2) any savings will be 

used to mitigate future rate increases, passed on to customers, or used to improve 

the borrower’s financial strength. 

Permits such borrowers to refinance outstanding long-term Federal Financing 

Bank loans for a specified fee. Requires the borrower to obtain a change in the 

interest rate on such loan from its present level to the rate then in effect for new 

Federal Financing Bank Loans.

1 

,,

.. . 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

2 

SECTION1.PREPAYMENTANDREFINANCINGOFFEDERALFI. 

NANCINGBANKLOANSMADETORURALELEc. 

TRIFICATIONANDTELEPHONESYSTEMS. 

section 806A of the Rural Electrification Act of 1936 

(7 U.S.C. 936A) is amended to read as follows: 

“SEC.306A.PREPAYMENTANDREFINANCINGOFFEDERALF1. 

NANCINGBANKLOANS. 

“(a) PREPAYMENT.—If on the date of enactment of this 

section a borrower has an outstanding loan made by the Federal 

Financing Bank and guaranteed by the Administrator of 

the Rural Electrification 

the borrower may prepay 

Administration under section 306, 

such loans or loan advances, or anj. 

portion thereof, at any time or times without limitation as to 

dollar amount by paying the outstanding principal balanc[’ 

due on such loans or loan advances, or any portion thereof, 

being prepaid, if— 

“(1) private capital, with the existing loan guarantee, 

is used to replace the loan, or, at the option of 

the borrower, private capital (including internally generated 

funds), is used to prepay the loan; and 

“(2) the borrower certifies that any savings fr~n~ 

~ such prepayment will be— 

●S 1115IS 

“(A) passed on to its customers; 

“(B) in a case of financial hardship, used to 

improve the financial strength of the borrower; or 

“(C) used to mitigate future rate increases.

[ar- 

1of 

2n- 

)m 

:0 

}r 

~ALFr. 

ELEc. 

‘ 1936 

: .4LFI. 

)fthis 

~ed- 

;Orof 

306, 

‘ any 

ts to 

knee 

“eof, 

“0) RE~INANCING.- 

3 

“(1) IN GENERAL .—If on the date of enactment 

of this section a borrower has an outstan&g 

loan 

made by the Federal Financing Bank and guaranteed 

by the Administrator of the Rural Electrification 

Administration under section 306, the borrower— 

“(A) may, on provitig 

notice to the Federal 

Financing Bank, refinance any outstanding longterm 

Federal Financing Bank loans or loan 

advances, or portion thereof; and 

“(B) shall obtain a change in the interest 

rate on the Federal Financing Bank loans or loan 

advances, or portion thereof, from its present level 

to the Federal Financing Bank rate then in effect 

for new Federal Financing Bati 

loans of a matu- 

i 

I 

rity equal to the remaining 1ifeof the Federal Financing 

Bank 1oans or loan advances, or portion 

thereof, being refinanced. 

“(2) FEE.-Such Federal Financing Bank rate 

shall include a fee of .00126, consistent with the calculation 

of Federal Financing Bafi rates to borrowers 

under this Act during fiscal year 1989. 

“(c) LIEN Accommodation-—~ prepaPent is made 

.‘~ under subsection (a) and the funds for such prepaPent are 

.,. 

is secured from a private lender, the Administrator of theRural 

i 

1I 

I

P 

4 

1 

Electrification 

Administration shall grant an equal and Ilr,, 

1 

2 

rata lien, on the total of the borrower’s assets subjecttO~, 

2 

3 

lien under this Act, to such lender in an amount not 1,, 

3 

4 

exceed the amount of principal prepaid, and a Teasoll:l})]l 

4 

5 

processingfee paid to the lender. 

5 

6 

“(d) SUBSEQUENTREI?lNANCING.-Anyguarantee Of,, 

6 

7 

loan used to make a prepayment under subsection (a)maj’t), 

7 

8 

transferred to any loan subsequently used to refinance SL](}, 

8 

i 

9 

loan without condition and shall be available for the reIn:lill. 

9 

10 

ing term originally agreed to b~’the Administrator. 

10 fin 

11 

“(e) PENALTY.— 

’11 Su 

12 

“(1) IN GENERAḶ—A penalty, as provided 1~: 

12 of 

I 

13 

this subsection, shall be paid to the Federal Finan[it]K 

Bank by the borrom~er at the time of prepaj~mellt or 

13 pl 

14 ti[ 

15 

refinancing. 

15 r( 

16 

“(2) REFINANCING.–fi a loan or loan ~dl-:]])t,, 

16 

17 

or any portion thereof, is refinanced as provided })) 

17 

18 

subsection (b), the borrow~erShall pay a one time ])(111- 

18 

19, 

alty determined by multiplying— 

19 

20 

“(A) the principal 

balance of each Fc(lf’r’{’; 

20 $ 

21 

Financing Bank loan or 

loan advance, or ~}orfi{}i 

21 

22 

thereof, refinanced; by 

22 

23 

24 

25 

“@) 

one-half the 

difference between IJII 

annual percent interest rate on such refinall~il]~’ 

and the annual percent interest rate at the till~~’ ‘1: 

23 

24 

25 

●S 1115IS

dpro 

tOa 

)t to 

lable 

1 refinancing of new Treasury borrowings 

~ same maturity as the average maturity 

3 

4 

5 

5 

of the 

on the 

Federal Financing Bank loans or loan advances, 

or portion thereof, being refinanced. 

“(3) PREPAYMENT. —If a loan or loan advance, 

6 

7 

8 

9 

10 

11 

or any portion thereof, is prepaid as provided by subsection 

(a), no penalty fees shall be charged to the 

borrower. 

“(f) NO ADDITIONALCHARGES.—If prepayment or refinancing 

of a loan (or advance) is made under this section no 

sums in addition to the payment of the outstanding principal 

ofa 

~ybe 

such 

laini 

by 

Lcing 

It or 

Lnce, 

i by 

penieral 

rtion 

the 

*ings 

leOf 

12 

of the loan or loan advance, or portion thereof, being prepaid, 

13 plus accrued interest and the penalty assessed under subsec- , 

14 tion (e), shall be charged, as the result of such prepayment or 

15 refinancing, against— 

16 “(l) the borrower; 

17 “(2) the Rural Electrification and Telephone Re- 

18 volving Fund; or 

19 “(3) the Rural 

20 SEC.2.REGULATIONS. 

Electrification Administration.”. 

21 (a) IN GENERAL.—Not later than the effective date pre- [ 

22 scribed .in section 3, the secretary of Agriculture shall issue 

.: 

~, ,. 

23 regulations t. carry out the amendment made in section 1. 

! 

24 (b) PREPAYMENTAND REFINANCINGFACILITA- 

25 TION.—Inissuing such regulations, the Secretary shall— 

! 

I

,, 

i 

) 

I 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

advances; 

6 

(I) facilitate prepayment and refinancing of ]oan 

(2) provide for full processing of each prepa~’ment 

request within 30 days of its submission to the Rural 

Electrification Administration; 

(3) provide for full processing of each refinancing 

request within 10 days of its submission to the Rurti] 

Electrification Administration; and 

(4) except as provided in section 306A of tlltI 

Rural Electrification Act of 1936, impose no restrictio]l 

that increases the cost to borrowers of obtaining ])rivate 

financing for prepayment or inhibits the abilit: t~i’ 

the borrower to enter into prepayment 

arrangements pursuant to such section. 

SEC.3.EFFECTIVEDATE. 

The amenbent 

and refinanc’il]~ 

made by section I shall become eff~)(’- 

tive 30 days after the date of enactment of this Act. 

o 

I 

!


-----No. 16 of 37----------------------- 

S. 1157 by EXON (D-NE) -- Internal Revenue Code of 1986, Amendment 


A bill to amend the Internal Revenue Code of 1986 to allow individuals who do not 

itemize deductions to deduct losses from failed financial institutions which are treated 

as ordinary losses. 

Introduced on Friday, June 9, 1989 







Abstract 


Amends the Internal Revenue Code to allow individuals who do not itemize to 

deduct losses from failed financial institutions which are treated as ordinary losses. 

Digest 


Amends the Internal Revenue Code to allow individuals who do not itemize to 

deduct losses from failed financial institutions which are treated as ordinary losses.

10ISTCONGRESS 

‘s’s”sslO” s. 1114 

I 

Toamendtitle11,UnitedStatesCode,theBankruptcyCode,to providethata 

staynotapplyto Statepropertytaxes. 

IN THE SENATE OF THE MTED 

STATES 

JUNE1 legislativeday,JANUARY 3), 1989 

lfr. EXONintroducedthefollowingbill;whichwasreadtwiceandreferredto the 

CommitteeontheJudiciary 

A BILL 

To amend title 11, United States Code, the 

to provide that a stay not apply to State 

Bankruptcy Code, 

property taxes. 

! 

! . ... 

1, 

1 Be it enactedby the Senate and House of Bepresenta- 

2 tiuesof the United~tates of America in Congressassembled, 

3 That section 362(b) of title 11, United States Code, is 

4 amendedby— 

5 

6 

(1)striking out “or” at the end of paragraph (12); 

(2) striking out the period at the end of paragraph 

7 (13) and inserting in lieu thereof “, or”; and 

8 

(3) adding between paragraph (13) and the matter 

9 followingsuch paragraph the following: 

—

2 

1 “(14) CERTAINLOSSESFROMFAILEDFINANCIAL 

2 INSTITUTIONSo—The deduction allowed under Section 

3 165 t. the extent of the amount of such deduction 

4 which is treated as an ordinary 10SSby reason of an 

5 election under section 165(1)(5).” 

6 ~) EFFECTm DA!rE.-The amendment made by sub. 

101STC( 

1ST8 

- ‘l’oamend 

guarar 

housin 

7 section (a) shall ttie effect as if included in the amendments 

8 made by section 905(a) of the Tax Reform Act of 1986. 

0 

IN 

h. CRAN 

,.,,-.%. 

,1..- 

, 

!,. ,.., 

, 

TO amend 

restruc 

and to 

Proga 

,. 

1~ 

2 tinesoj 

$ SECTIO 

4 

5 (a) 

6 erans ~ 

7 of 1989 

●S 1157IS


-----No. 17 of 37----------------------- 

S. 1197 by EXON (D-NE) -- Payment of Federal Benefits to Illegal Aliens, 

Prohibition 


A bill to prohibit the payment of Federal benefits to illegal aliens. 

Introduced on Friday, June 16, 1989 








This measure incorporated as an amendment by EXON (D-NE) into another measure 

(S. 358, Amendment 250) 

Abstract 


Prohibits the payment of: (1) Federal financial or social insurance benefits to 

illegal aliens; or (2) unemployment benefits to aliens without employment 

authorization. 

Digest 


Prohibits the payment of: (1) direct Federal financial or social insurance benefits 

to illegal aliens; or (2) unemployment benefits to aliens without employment 

authorization.

l(a) of such 

11 

)(d) of Such 

‘ and insert. 

1111ST 

ISTSESS1”N 

CONGRESS 

s. 1197 

ToprohibithepaymentofFederalbenefitsto illegalaliens. 

f such code 

striking ‘~, 

inserting a 

IN THE SENATE OF THE WTED 

STATES 

JUNE16(legislativeday,JANUARY 3), 1989 

\[r. f]~ONintroducedthefollowingbill;whichwasreadtwiceandreferredto the 

CommitteeontheJudiciary 

[d of parasubsection 

:.er Decem- 

A BILL 

To prohibit the payment of Federal benefits to illegal aliens. 


2 tivesof the UnitedStates of America in Congressassembled, 

3 (a) DIRECTFEDERALFINANCIALBENEFITs.—Thaton 

4 or after the date of enactment of this Act, notwithstanding 

5 any other provisionof law, no direct Federal financial benefit 

6 or socialinsurance benefit may be paid or otherwise given to 

7 any person not lawfully present within the United States 

8 except pursuant to a provision of the Immigration and 

9 NationalityAct as amended. 

10 b) UNEMPLOYMENT BENEFITS.—NOalien who has not 

11 been granted emplopent authorization pursuant to Federal 

12 lalv shall be eligiblefor unemploymentbenefits.

2 

1 

2 

(C) DEFINITION.—Forthe 

term “person not lawfully within 

purposes of this Act, the 

the United States” shall be 

101ST 

1s 

3 

4 

any person who at the time he or she applies for,,receives, or 

attempts to receive such Federal financial benefit is not a 

& 

TO ame 

5 

United States citizen, a United States national, a permanent 

6 

resident alien, an asylee, a refugee, a parolee, or a nonimmi- 

‘1 

7 

grant in status. 

o 

i 

I 

i 

I 

To 

it 

am 

Ofai 

} 

I 

1 

2 tit 

3 SE 

4 

5 of 

6 SE 

7 

8 b~, 

9 fo:


-----No. 18 of 37----------------------- 

S. 1450 by EXON (D-NE) -- Virginia Smith Dam and Reservoir, Designation 


A bill to rename the Calamus Dam and Reservoir the “Virginia Smith Dam and 

Reservoir”. 

Introduced on Tuesday, August 1, 1989 




Referred to Senate Committee on Environment and Public Works 




Remarks by BEREUTER (R-NE) in “Congressional Record” (CR Page H-5071) 


Abstract 


Designates the Calamus Dam and Reservoir as the Virginia Smith Dam and 

Reservoir. 

Digest 


Designates the Calamus Dam and Reservoir in the North Loup division of the 

Missouri River Basin project as the Virginia Smith Dam and Reservoir.

. 

II 

101STCONGRESS 

l,,:...,”.s*1450 

TOrenamethe CalamusDamandReservoirthe “VirginiaSmithDamand 

Reservoir”. 

t 

i 

~ T~ SENATE OF THE ~TED STATES 

AUGUST 1 (legislative day,JANUARY3), 1989 

\[r.EXON(forhimselfandMr.KERREY) introducedthefollowingbill;whichwas 

rczdtwiceandreferredto the CommitteeonEnvironment andPublicWorks 

I 

~ 

1 

A BILL 

To rename the Calamus Dam and Reservoir the “Virginia 1’ 

Smith Dam and Reservoir”. 

i 

1 

2 

3 

4 

5 

6 

7 

8 

9 

Be it enactedby the Senate and House of Representalices 

of the UnitedStatesof Americain Congressassembled, 

SECTION1.RENAMINGOFDAMANDRESERVOIR. 

The Calamus Dam and Reservoir in the North Loup 

division of the Missouri River Basin project shall, on and 

after the date of enactment of this Act, be known and designated 

as the “Virginia Smith Dam and Reservoir”. Any reference 

to such dam and reservoir in any law, regulation, 

map, document, record, or other paper of the United States 

-

2 

1 shall be considered to be 

a reference to the 

2 Dam 

and Reservoir. 

o 

10: 

t 

TOprol 

rel 

ca 

ce 

m 

Virginia smith 

, 

‘1 

Mr. G 

I 

1 

t 

To 

1 

2 

3 

A 

I 

:

1’ 


-----No. 19 of 37----------------------- 

S. 1509 by EXON (D-NE) -- Amendments to Certain Water Service Contracts for 

the Frenchman Unit of the Pick-Sloan Missouri Basin Program, Authorization 


A bill to authorize amendments to certain water service contracts for the 

Frenchman Unit of the Pick-Sloan Missouri Basin Program. 

Introduced on Thursday, August 3, 1989 






Remarks by KERREY, BOB (D-NE) in “Congressional Record” (CR Page S-9947) 


Parts of this measure incorporated into a different measure (H.R. 2567) 

Abstract 


Directs the Secretary of the Interior to execute an amendatory contract with the 

Frenchman Valley Irrigation District, Nebraska, with respect to water service charges. 

Digest 


Directs the Secretary of the Interior to execute an amendatory contract with the 

Frenchman Valley Irrigation District, Nebraska, with respect to water service to limit 

the district’s annual water service charges to the amount of water delivered to the 

district. Makes certain irrigation costs which are in excess of the district’s repayment 

ability nonreimbursable.

11 

101STCONGRESS 

1S7-SESS1”N s. 1509” 

TOauthorizeamendments toa certainWaterservicecontractsfortheFrenchman 

UnitofthePick-SloanMissouri BasinProgram. 

IN THE SENATE OF THE ~TED STATES 

AUGUST 3 flegislative day,JANUARY 3),1989 

~fr.EXON(forhimselfandMr.KERREY) introducedthefollowingbill;whichwas 

readtwiceandreferredto the CommitteeonEnergyandNaturalResources 

A BILL 

To authorize amendments to a certain water service contracts 

for the Frenchman Unit of the Pick-Sloan Missouri Basin 

Program. 

1 Be it enactedby the Senate and Howe of Representa- 

2 tinesof the UnitedBtatesof America in Congressassembled, 

3 SEcT~ON1. cO~RAcT WITHF’RENcHwN VALLEYIRRIGA- 

4 TIONDISTRICT. 

5 (a) AMENDMENTS. —Notwithstanding any other provi- 

6 sion of law, the Secretary of the Interior is authorized and 

7 directed to execute an amendatory contract with Frenchman 

8 valley figation Di.trict (hereafter in this Act referred to as 

9 the “~st~ct”), ~ebraska, to amend the provisionsof the dis-

I 

l~)lsTCONGRESS 

1sTsEsslON s. 1157 

T,)amendtheInternalRevenuecodeof 1986to allowindividualswhodo not 

itemizedeductions to deductlossesfromfailedfinancialinstitutionswhichare 

treatedas ordinarylosses. 

i 

,. 

~ THE SENATE OF THE ~TED STATES 

JUNE9 (legislativeday,JANUARY 3),1989 

I[r.llXON(forhimselfandMr.KERREY) introducedthefollowingbill;whichwas 

readtwiceandreferredto theCommitteeonFinance 

(a) IN GENERAL.—Section62(a) of the Internal Revei“ 

I 

. 

A BILL 

To amend the Internal Revenue Code of 1986 to allow individto 

deduct losses from 

uals who do not itemize deductions 

failed financial institutions which are treated as ordinary 

losses. 

“.. 

1 

2 

3 

4 

5 

6 

7 

8 

Be itenactedby the Senate and House of Representativesof 

the UnitedBtatesof Americain Congressassembled, 

SECTION1. TAXPAYERSNOT ITEMIZINGALLOWEDTO 

DEDUCTCERTAINLOSSESFROMFAILEDFI- 

NANCIALINSTITUTIONS. 

nue Code of 1986 is amended by inserting after paragraph 

(13) the followingnew paragraph: 

I 

——


-----No.20 of 37----------------------- 

S. 1609 by EXON (D-NE) -- Additional District Court Judge in Nebraska, 

Provision 


A bill to provide for an additional district court judge for the judicial district of 

Nebraska. 

Introduced on Tuesday, September 12, 1989 






Abstract 


Amends the Federal judicial code to increase the number of district court 

judgeships for the District of Nebraska. 

Digest 


Amends the Federal judicial code to increase the number of district court 

judgeships for the District of Nebraska.

II 

I 

101ST 

CONGRESS 

ISTSESSIONS. 1609 

Toprovideforan additionaldistrictcourtjudgeforthejudicialdistrictof 

Nebraska. 

I I 

~ T~ SENATE OF T~ ~TED STATES 

SEPTEMBER 12flegislativeday,SEPTEMBER 6), 1989 

~Ir.EXON(forhimselfandMr.KERBEY) introducedthefollowingbill;whichwas 

readtwiceandreferredto theCommitteeontheJudiciary 

A BILL 

To provide for an additional district court judge for the judicial 

district of Nebraska. 

I 

,- 


2 tivesof the UnitedStates of Americain Congressassembled, 

3 That the 

4 title 28, 

5 judge for the judicial district of Nebraska. 

6 

President shall appoint, pursuant to section 133 of 

United States Code, an additional district court 

(2) To reflect the change made by this subsec- 

7 tion, section 133 of title 28, United States Code, is 

8 amended by striking out the following: 

“Nebraska . ....................... ........................................................................ 399; 

9 and inserting in lieu thereof the following: 

``NebraSka.......................................o@.o.......o.........+......... 

4“. 

o


-----No. 21 of 37----------------------- 

S. 1747 by EXON (D-NE) -- Ponca Restoration Act (Pub. L. 101-484, approved 

10/31/90) 


A bill to provide for the restoration of Federal recognition to the Ponca Tribe of 

Nebraska, and for other purposes. 

Introduced on Wednesday, October 11, 1989 




Referred to Senate Select Committee on Indian Affairs 



Remarks by KERREY, BOB (D-NE) in “Congressional Record” (CR Page S-13024 


Public hearing held by Senate Select Committee on Indian Affairs 

Hearings adjourned by Senate Select Committee on Indian Affairs 


Ordered reported, as amended, by Senate Select Committee on Indian Affairs 


Report filed by Senate Select Committee on Indian Affairs (S.Rept. 

101-330) 



Motion by MURKOWSKI (R-AK) to consider (or proceed with consideration) 

No objection to request for unanimous consent by MURKOWSKI (R-AK) 


Consideration of committee amendment(s) (CR Page S-10013) 

Agreed to committee amendment(s) (by Voice Vote) en bloc 






Received in the House, after passage in the Senate


Referred to House Committee on Interior and Insular Affairs 


Public hearing held by House Committee on Interior and Insular Affairs 


Ordered reported, as amended, by House Committee on Interior and Insular 

Affairs 


Report filed by House Committee on Interior and Insular Affairs (H.Rept. 

101-776) 

Placed on House Union Calendar (Union 485) 



Motion by CAMPBELL, BEN (D-CO) to suspend the rules and pass the measure as 

amended 







Motion by LEVIN, CARL (D-Ml) to agree to House amendment(s) 

Agreed to motion by LEVIN, CARL (D-Ml) (by Voice Vote) 


Signed in the House 


Signed in the Senate 


Presented to the President 


Signed by the President 

Became Public Law No. 101-484 

Abstract



Provides for Federal recognition of, and assistance to, the Ponca Tribe of 

Nebraska. 

Digest 


10/10/90 (Measure passed House, amended ) Ponca Restoration Act - Extends 

Federal recognition and associated benefits to the Ponca Tribe of Nebraska. Deems 

members of the Tribe in certain counties in Nebraska and South Dakota as residing 

on or near a reservation for purposes of receiving the benefits available to members 

of federally recognized tribes residing on or near a resewation. 

Provides for the Tribe to be governed by an Interim Council until the Secretary 

of the Interior conducts elections to adopt a constitution and elect tribal oficials.

II 

101STCONGRESS 

1s’s’sslO” s. 1747 

ToprovidefortherestorationofFederalrecofitionto thePoncaTribeof 

Nebraska,andforotherp-wposes. 


OCTOBER 11legislativeday,SEPTEMBER 18), 1989 

Ilr.EXON(forhfiselfandW. fiRREY)ktroaucedthefollowing bill;whichwas 

readtwiceandreferredto the SelectCommitteeonIndianAffairs 

A BILL 

To provide for the restoration of Federal recognition to the 

Ponca Tribe of Nebraska, and for other purposes. 


2 tivesof the UnitedStatesof Americain Congressassembled, 

3 

SHORTTITLE 

4 SECTION1. This Act may be cited as the “Ponca 

5 Restoration Act”. 

6 DEFINITIONS 

7 SEC.2. For purposes of this Act— 

8 (1) The term “Tribe” means the Ponca Tribe of 

9 Nebraska.

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

2 

(2) The term “Secretary” means the Secretaw of 

the Interior or the designated representative of the 

Secretary of the Interior. 

(3) The tem “Interim Council” means the Boara 

of Directors of the Northern Ponca Restoration Corn. 

mittee, Inc. 

(4) The term “member” means a person who iS 

enrolled on the membership roll of the Tribe of 

June 10, 1965, that was compiled by the Bureau of 

Indian Affairs or is entitled to be enrolled as a member 

of the Tribe under section 7. 

(5) The term “State” means the State of 

13 

14 

Nebraska. 

FEDERALRECOGNITION 

15 

SEC. 3. Federal 

recognition is hereby extended to the 

16 

17 

18 

19 

20 

21 

22 

23 

24 

Ponca Tribe of Nebraska. All Federal laws of general 

application to Indians and Indian tribes (includingthe Act of 

June 18, 1934 (48 Stat. 984; 25 U.S.C. 461, et seq.), popularly 

known as the Indian Reorganization Act) shall apply 

with respect to the Tribe and to the members. 

RESTORATIONOFRIGHTS 

SEC. 4. (a) All rights and privileges of the Tribe which 

may have been abrogated or diminished before the date of 

enactment of this Act by reason of any protision of Public 

25 

Law 87-629 

are hereby restored and such law shall no 

26 

longer apply with respect to the Tribe or the members. 

~ .. 

●S 1747IS 

..—~

1 

b? d 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

3 

~) Nothing in this Act may be construed to diminish 

any rights or privileges of the Tribe, or of the members, that 

exist prior to the enactment of this Act. 

(c) The Secretary shall accept any real property that is 

transferred to the secretary for the benefit of the Tribe. Such 

real 

property shall be accepted by the Secretary (subject to 

any rights, liens, or taxes that exist prior to the date of such 

transfer) in the name of the United States in trust for the 

benefit of the Tribe and shall be exempt from all taxes imposed 

by the Federal Government or any State or local government 

after such transfer. 

(d) Except asotherwise specifically provided in any 

! ! 

I ,,! , 

tary of 

of the 

Board 

Oom- 

Whois 

ibe of 

‘eau of 

~ember 

%te of 

to the 

feneral 

Act of 

popuapply 

which 

late of 

Public 

all no 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

other provision of this Act, nothing in this Act may be construed 

asaltering or affecting— 

(I) any rights or obligations with respect to 

property, 

(2) any rights or obligations under any contract, 

(3) any hunting, fishing, trapping, gathering, or 

water rights of the Tribe or the members, or 

(4) any obligation to pay a tax levied before the 

date of enactment of this Act. 

SERVICES 

SEC. 5. The tribe, and the members, shall be eligiblefor 

all services and benefits that are provided by the Federal 

Government to bdians because of their status as Federally 

recognized Indians and, notwithstanding any other provision 

,..: ,:;~.., 

,s 1747Is 

—

... 

-. 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

4 

of law, such services and benefits shall be provided titer tie 

da:e of enactment of this Act to the Tribe~and tOthe mem. 

bers, without regard to the efistence Ofa reservation for the 

Tribe or the location of the residence OfanYmember on or 

near any Indian reservation. 

INTERIMGOVERNMENT 

SEC.6. Until such time as a constitutionfor the TribeiS 

adopted in accordancewith section 8(a) and tribal officialsare 

elected under section 8(b), the Tribe sha~ be governedby the 

Interim Oouncil. 

MEMBERSHIPROLL 

SEC. 7. (a) Until a tribal constitution is adopted in acshall 

take such 

cordance with section 8, the Interim Council 

measures as will insure the continuing accuracy of the membership 

roll of the Tribe. 

(b)(l) Until a tribal constitution is adopted in accordance 

with section 8, an individual shall be eligiblefor membership 

in the Tribe, and the name of the individual shall be placed L 

on the membershiproll of the Tribe, if— 

(A) the individual is living and is not an enrolled 

member of another Indian tribe that is recognized by 

the Federal Government, and 

. (B) the individual— . 

(i) was listed on the tribal membershiproll of 

June 18, 1965, that was compiledby the Bureau 

of Indian Affairs, 

.s 1747Is 

d

.. ..... .. .,------ —-—UP-=--.— 

----- --,- - . . . . . .- .-. _.-., . . . . . . . 

. . .,. --— 

-— —-— 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

2 

trict’s existing contract (numbered 7-07 -70-wO044, with 

the United States, for water service as follows: 

Amend such existing contract to provide that on 

the effective date of this Act, the district’s annual 

water service charges, including the cost to the United 

States for operation, maintenance, and replacement of 

the reserved works of the Frenchman Unit of the Pick- 

Sloan Missouri Basin Program shall be limited to the 

annual water service charges for the amount of water 

delivered to the district. Such charges shall be based 

on the repayment ability of the district associated with 

the amount of water delivered by the district for irriga- 

13 

tion purposes as may be determined 

by the Secretary, 

I 

14 

15 

16 

17 

18 

19 

20 

21 

22 

taking into account an appropriate 

trict’s costs for the care, operation, 

replacement of such works for the 

transferred to the district for such purposes. 

(b) 

share of the dismaintenance, 

and 

Frenchman Unit 

CERTAIN COSTS- NONREIMBURSABLE. -Th0se 

costs allocated to the irrigation purpose of the Frenchman 

Unit and properly assignable to the district for payment 

which are in excess of the district’s repayment ability, as 

pursuant to section (a) shall be nonreimbursable. 

o 

I 

●s 1509Is

1 

2 

3 

4 

5 

6 

‘7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

6 

-;. 

-.. 

(B) a copy of the membershiproll of the ~ - 

that the Inteti 

rate and up-to-date roll, or 

OO~cfl certifies to be an aCw. 

(2) the date that is 1 year after the date of e~~ 

ment of this Act, 

the Secretary shall conduct, by secret ballot, an election~ 

adopt a constitution for the T~be. Absentee balloting shallbe 

permitted in the election without regard to the residenceof 

the voter. Notice of the election shall be provided to the 

members of the Tfibe at least 60 days p~or to the date ofthe 

election. In every other regard, the election shall be held 

accordingto the procedues applicableto elections under section 

16 of the Act of June 18, 1934 (48 Stat. 987; 25 U.S.O. 

476). 

“-”--* . 

(b) By no later than the date that is 120 days after the .7 

date on which the Tribe adopts a constitution under subsec-‘ 

tion (a), the Secreta~ sha~ conduct an election by secret. . 

ballot to elect officialsof the Tribe, as provided in the consti-.. . 

tution of the Tribe. The election shall be conducted accordingto 

the procedures described in subsection (a), except to the ... 

extent that such procedures cotiict with the constitutionof .- 

> *.;.. 

the Tribe. 

---- 

.= -. 

(c) Notwithstanding the previous negative vote by the‘~ .: 

Tribe in an election conductedunder section 18 of the Act of.; 

* 

June 18, 1934 (48 Stat. 988; 25 U.S.C. 478), the Tribe sh~~ 

,?* 

.-. 

I 

●s 1747Is 

— 

J

of the tribe 

Oean accu. 

,te of enact- 

! election to 

ting shall be 

residence of 

-ided to the 

~date of the 

lall be held 

s under sec- 

“;25 U.S.C. 

.ys after the 

lder subsecn 

by secret 

1the consti- 

1 

~ 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

. 

ld according 

:cept to the 

lstitution of 

vote by the 

f the Act of 

Tribe shall 

19 

7 

be treated as having made an affirmative vote in an election 

conductedunder section 18 of such Act. 

(d)Notwithstanding any other provision of law, the governing 

body of the Tribe establishedunder the constitution of 

the Tribe that is adopted under subsection(a) shall be treated 

as an Indian tribal government for purposes of the Internal 

Revenue Oodeof 1986. 

REGULATIONS 

SEC. 9. The Secretary shall prescribe such regulations 

as may be necessary to carry out the provisions of this Act. 

ECONOMICDEVELOPMENTPJJAN 

SEC. 10. (a) The Secretary shall— 

(1) enter into negotiations with the governing 

body of the Tribe to establish a plan for economic development 

for the Tribe; 

(2) in accordance with this section, establish such 

a plan; and 

(3) upon the approval of such plan by the governing 

body of the Tribe (and after consultation with the 

20 State and local officials pursuant to subsection @)), 

21 shall submit such plan to the Congress by no later than 

22 the date that is 2 years after the date of enactment of 

23 this Act. 

24 (b)(l) TOensue that legitimate State and local interests 

25 are not prejudiced by the economicdevelopment plan estab- 

26 lished under subsection (a), the Secretary shall notify and 

,s 1747Is

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

8 

consult with the appropriate officialsof the State and all appropriate 

local goveuental officials in the State with respect 

to the proposed econofic development plane The Secretary 

shall provide complete information on the proposed 

economic development plan to such officials, including the 

restrictions imposedon such plan by subsection(c). 

(2) During any consultation by the Secretary under this 

subsection, the Secretary shall provide such information as 

the Secretary may possess and shall request co~ents and 

additional information on the extent of any State or local 

service to the Tribe. 

(c) Any economic development plan established by the 

Secretary under subsection(a) shall provide that— 

(I) real property acquired by or for the Tribe shall 

be taken by the Secretary in the name of the United 

States in trust for the benefit of the Tribe; 

(2) any real property taken in trust by the Secretary 

pursuant to such plan shall be subject to— 

(A) all legal rights and interests in such land 

held by any person at the time of acquisition of 

such land by the Secretary, including any lien, 

mortgage, or previously levied and outstanhg 

State or local tax, and 

(B) foreclosure or sale in accordance with the 

laws of the State of Nebraska pursuant to the 

1 

..-. 

●S 1747IS 

4 

m.

● 

9 

1 terms of any valid obligation in existence at the 

,) . time of the acquisition of such land by the Secre- 

:? tary; and 

4 (3) any real property transferred 

5 plan shall be exempt from Federal, 

6 taxation of any kind. 

pursuant to such 

State, and local 

7 (d) The Secretary shall append to the economicdevelops 

ment plan submitted to the Congress under subsection (a) a 

9 detailed statement— 

10 (1) naming each individual consulted in accord- 

11 ance with subsection (b); 

12 (2) summarizing the 

testimony received by the 

13 Secretary pursuant to any such consultation; and 

14 (3) including any written comments or reports 

15 submitted to the Secretary by any individual named in 

16 paragraph (l). 

o 

I 

. . 

lap. 

lrO- 

Sec- 

*osed 

the 

this 

nas 

and 

ocal 

the 

hall 

ited’ 

creand 

lof 

:en, 

ing 

the 

the

I 


-----No.22 of 37----------------------- 

S. 1875 by EXON (D-NE) -- Virginia Smith Dam and Calamus Lake Recreation Area, 

Designation (Pub. L. 101-359, approved 8/10/90) 


A bill to redesignate the Calamus Dam and Reservoir authorized under the 

Reclamation Project Authorization Act of 1972 as the Virginia Smith Dam and 

Calamus Lake Recreation area. 

Introduced on Tuesday, November 14, 1989 







Committee on Environment and Public Works 

Reported (without written report) by Senate Committee on Environment and 

Public Works 



Unanimous consent agreement for consideration of the measure at 9:20 a.m. 

on Tuesday, June 12, 1990. No floor amendments or motions will be in 

order. There will be 10 minutes of debate under the control of Senator 

Exon. At 9:30 a.m., the Senate, without any intervening action or 

debate, will proceed to adopt the Committee substitute and vote on 

final passage of the bill (CR Page S-7666) 

06/1 1/90 -- In The SENATE 

Unanimous consent agreement for consideration of the measure on Tuesday, 

June 12, 1990 (CR Page S-7724) 

Modification of unanimous consent agreement of Friday, June 8, 1990. The 

vote on Tuesday, June 12, 1990, on final passage will begin at 9:10 

a.m. and be concluded at 9:45 a.m. (CR Page S-7724) 

Recorded vote requested by MITCHELL, GEORGE (D-ME) on final passage 


Considered (debated) in the Senate under the unanimous consent agreement of 

Monday, June 11, 1990 (CR Page S-7727)



Page S-7727) 

Agreed to committee amendment(s) (by Unanimous Consent) in the nature of 

a substitute 

Read the third time (by Unanimous Consent) 

Passed (agreed to), as amended(Vote No. 2113: 97-1) 




Referred to House Committee on Public Works and Transportation 


Returned to the Senate from the House, without amendments 


Motion by VENTO (D-MN) to re-refer to House Committee on Interior and 

Insular Affairs 

Re-referred to House Committee on Interior and Insular Affairs (by 

Unanimous Consent) 

Motion by VENTO (D-MN) to discharge from House Committee on Interior and 

Insular Affairs 

Discharged from House Committee on Interior and Insular Affairs 



Passed (agreed to) (by Voice Vote) 










Abstract 


Redesignates the Calamus Dam and Reservoir as the Virginia Smith Dam 

and Calamus Lake Recreation Area.


Digest 


06/12/90 (Measure passed Senate, amended, roll call NZI 13 (97-1) ) 

Redesignates the Calamus Dam and Reservoir in the North Loup division of the 

Missouri River Basin project as the Virginia Smith Dam and Calamus Lake Recreation 

Area.

H 

1{)lsTcONGRESS 

~TS~SSIONS. 1875 

~,,~~!tl(’~ignate theCalamusDarnandReservoirauthorizedundertheRec]ama. 

[i{)]lProjectAuthorizationAct of 1972as the VirginiaSmithDamand 

(‘;lltimus LakeRecreationArea. 


NOVEMBER14 (legislativeday,NOVEMBER 6),1989 

\[r,l;xc)~(forhimselfandMr.KERREY) introducedthefollowingbill;whichwas 

.-’ 

rl’:ldtft’iceandreferredto the CommitteeonEnvironment andPublicWorks 

-! 

.> 

A BILL 

‘[’(jredesignate the Calamus Dam and Reservoir authorized 

under the Reclamation Project Authorization Act of 1972 

as the Virginia smith Dam and Calamus Lake Recreation 

1~rea. 

.- 

,.”” 

-- 

..l 

1 Be it enactedby the Senate and House of Bepresenta- 

2 [icesof the United 8tates of America in Congressassembled, 

:] SECTION1.RENAMINGOFDAMANDRESERVOIR. 

4 The Calamus Dam and Reservoir in the North Loup 

I; divisionof the Missouri River basin project shall, upon con- 

(~ vening of the 102nd Congress, be known and designated as 

~ the “~irginia Smith Dam and Calamus Lake Recreation 

S ‘~rea”. Upon the convening of the One Hundred Second 

‘2*:’ 

a -. 

/

2 

1 Congress, any reference to such dam and reservoir in anl. 

. 

2 law, re@ation, map, document, record, or other paper of the 

!! 3 

4 

United States shall be considered to be a reference to the 

Virginia Smith Dam and Calamus Lake Recreation Area. 

o 

To 

,,.-., 

..- ,,.. 

.- . 

-, 

P< 

,. . 

:} 

1 

,,.. 

L J 

,,. . 

,-. 

1’-” 

-. 

L. 

Ml’ 

1 

To 

1 

2 

3 

4 

5 

! S 1875IS

after the 

he mem. 

n for the 

Ier on or 

5 

(ii) was entitled to be listed on the membership 

roll of June 18, 1965, that was compiled by 

the Bureau of Indian Affairs, but was not listed, 

or 

(iii) is a lineal descendant of an individual, 

‘Tribe is 

icialsare 

}dby the 

~din acake 

such 

he memcordance 

nbership 

e placed 

enrolled 

lized by 

p roll of 

Bureau 

living or deceased, who is described in clause (i) 

or (ii). 

(2) Any individualwho is excludedfrom the membership 

roll of the Tribe by the Interim Council may appeal to the 

Secretary for a determination of the eligibility of the individual 

for membership in the Tribe. The Interim Council shall 

include on the membership roll any such individual that the 

Secretary determines in such an appeal to be eligible for 

membershipin the Tribe. 

(c) After adoption of a tribal constitution in accordance 

with section 8, the constitution of the Tribe, and the bylaws 

adopted under that constitution, shall govern membership in 

the Tribe. 

TRIBALCONSTITUTION 

SEC.8. (a) Before the earlier of— 

(1) the date that is 60 days after the date on 

which the Interim Council submits to the Secretary— 

(A) a written request of the Interim Council 

that an election to adopt a tribal constitution be 

held, and 

● 

i 

I 

●S 174’FIs 

-. —.-..—_—. .———

-–- 

~ 

II 

101ST CONGRESS 

~DSESSIONS.2308 

I 

r,, Ilro\tide thatcertaingamesofchanceconductedbya nonprofitorganization 

[lotbetreatedas an unrelatedtradeorbusinessofsuchorganization. 

IN THE SENATE OF THE ~TED STATES 

~CH 20flegislative daj,JANUARY 23),1990 

\!r.IIXON(forhimselfandW. fiREEY)introduced thefollowing bill;whichwas 

readtwiceandreferredto theCommitteeonFinance 

A BILL 

provide that certain games of chance conducted by a nonprofit 

organization not be treated as an unrelated trade or 

businessof such organization. 

Be it enactedby the Henateand House of Representativesof 

the United States of America in Congressassembled, 

..... ,.. 

+. 

> 

- .. 

,.\ 

.. 

... 

--- 

,.. 

,... ,.., 

.. 

.... 

.. .,, . 

SECTION1. THE conducting 

OF cERTAIN GAMESOF 

CHANCENOTTREATEDASUNRELATEDTRADE 

ORBUSINESS. 

Section 1834 of the Tax Reform Act of 1986 is repealed 

for games conducted after October 22, 1986, and subparagraph 

(A) of section 311(a)(3)of the Tax Reform Act of 1984 

shallbe applied and administered as if such section 1834 (and

I .* 

2 

I the amenhents made by such section 1834) had not ht 

2 enacted. 

o 

. . 

●S 2308IS 

.


-----No. 24 of 37----------------------- 

S. 2393 by EXON (D-NE) -- Safe Food Transportation Act of 1990; Motor Carrier 

Safety Act of 1990 


A bill to prohibit certain food transportation practices and to provide for regulation 

by the Secretary of Transportation that will safeguard food and certain other products 

from contamination during motor or rail transportation, and for other purposes. 

Introduced on Monday, April 2, 1990 


03/01/90 -- in The SENATE 






s. 1904) 


Remarks by GORTON (R-WA) in “Congressional Record” (CR Page S-3702) 

Remarks by GORE (D-TN) in “Congressional Record” (CR Page S-3702) 

Parts of a different measure incorporated into this measure (S. 1751) 


Public mark-up held by Senate Committee on Commerce, Science, 


Ordered reported by Senate Committee on Commerce, Science, and 


Another measure incorporated into this measure (S. 819) 


Remarks by GORTON (R-WA) in “Congressional Record” (CR Page S-5289) 



(S.Rept. 101-332) 



Parts of a different measure incorporated into this measure (S. 2653)



Ordered printing of amendment(s) by EXON (D-NE) permitting States to waive 

application of the Commercial Motor Vehicle Safety Act of 1986 with 

respect to certain farm vehicles (Amendment 2712, CR Page S-13520) 

Motion by BRYAN, RICHARD (D-NV) to consider (or proceed with consideration) 

No objection to request for unanimous consent by BRYAN, RICHARD (D-NV) 



Amendment offered by EXON (D-NE) permitting States to waive application of 

the Commercial Motor Vehicle Safety Act of 1986 with respect to 

certain farm vehicles (Amendment 2712, CR Page S-13531) 

Agreed to amendment by EXON (D-NE) (by Voice Vote) No. 2712 

Another measure incorporated as an amendment by EXON (D-NE) into this measure 

(S. 2653, Amendment 2712) 

Agreed to committee amendment(s) (by Voice Vote) 


Motion by BRYAN, RICHARD (D-NV) to return to Senate Legislative Calendar 

Placed on Senate Legislative Calendar (by Unanimous Consent) 

This measure incorporated into a different measure (H.R. 3386, as passed) 


Abstract 


Prohibits the transportation of certain food, drugs, and cosmetics in motor and 

rail vehicles (including tank truck, rail tank car, and cargo tank) that are also used to 

transport certain nonfood, municipal wastes, asbestos, and other hazardous products. 

Sets forth a variety of provisions regarding commercial motor vehicle safety. 

Digest 


06/13/90 (Reported to Senate from the Committee on Commerce, Science and 

Transportation with amendment, S. Rept. 101-332 ) Safe Food Transportation Act of 

1990- Requires the Secretary of Transportation to issue regulations (including 

standards) with respect to the transportation of food, food additives, drugs, devices, 

and cosmetics in motor vehicles and rail vehicles which are used to transport either 

municipal waste or nonfood products which, when so transported, would make the 

food, food additives, drugs, devices, or cosmetics unsafe to the health of humans or 

animals. 

Prohibits a person from using, offering or arranging for the use of a motor 

vehicle or rail vehicle to provide transportation of food, food additives, drugs, devices, 

or cosmetics if the vehicle is used to transport certain municipal waste or certain 

nonfood products. Authorizes the Secretary to exempt from such prohibition vehicles


that meet specified standards that safeguard the health of humans and animals. 

Requires the Secretary to publish in the Federal Register a list of articles of municipal 

waste or nonfood products whose common transportation does not make such food, 

food additives, drugs, devices, or cosmetics unsafe to human or animal health. 

Prohibits a person from using, offering for use, or arranging for the use of a 

motor or rail vehicle to provide transportation of asbestos or products which present 

an extreme danger to human or animal health, despite decontamination procedures, 

unless such vehicles are used only to provide transportation of such asbestos and 

dangerous products, and municipal waste. 

Authorizes the Secretary to waive any prohibition of this Act if such waiver is not 

contrary to the public interest. 

Authorizes the Secretary to provide inspections conducted by State employees 

to carry out the Motor Carrier Safety Assistance Program. Requires the Secretary to 

devetop an inspector training program. 

Sets forth both civil and criminal penalties. 

Motor Carrier Safety Act of 1990- Requires the Secretary of Transportation to 

issue a final rule regarding Federal motor carrier safety regulations to: (1) establish a 

public information system that periodically updates the safety ratings of motor carriers 

which have received unsatisfactory safety ratings; (2) provide a rating reassessment 

within nine months after receipt of a motor carrier’s written request to have an 

unsatisfactory rating reassessed; and (3) prohibit the operation of certain commercial 

motor vehicles by motor carriers who have received unsatisfactory safety ratings. 

Requires the Secretary to submit operational guidelines to the Congress with 

specific criteria for determining civil penalties for motor carrier safety violations that 

pose imminent safety hazards. 

Amends the Controlled Substances Act to impose mandatory minimum criminal 

penalties for the unlawful distribution or possession of controlled substances within 

1,000 feet of a truck stop or safety rest area. 

Precludes the suspension of criminal sentences and denies probation for repeat 

offenders. Directs the U.S. Sentencing Commission to establish specified sentencing 

guidelines for violations of this Act. 

Amends the Truck and Bus Safety and Regulatory Reform Act of 1988 to direct 

the Secretary of Transportation to initiate a rulemaking proceeding regarding 

improved braking performance standards for commercial motor vehicles. 

Classifies Department of Transportation safety inspectors at GS-12 of the 

General Schedule. 

Sets a deadline by which the Secretaty must establish procedures ensuring the 

timely correction of commercial motor carrier safety violations found in a nationwide 

random reinspection system. Directs the Secretary to establish operational 

procedures requiring highway safety personnel to initiate enforcement actions 

whenever certain motor carrier safety violations can be documented. 

Directs the Secretary to initiate a rulemaking proceeding for enhanced truck 

visibility.

II 

;I,IsT 

(’ONGR~ss 

:,)sESSIONS.2393 

;.,, ~lrflt]it)itcertainfoodtransportationpracticesandto provideforregulationby 

1}1~1 SecretarJr ofTransportation thatwillsafeguardfoodandcertainother 

~,rflducts fromcontamination duringmotoror rail transportation, andfor 

,~t tl~’rpurposes. 


APRIL2 (legislative day,JANUARY 23),1990 

\[r,I;XON(forhimself,Mr.GORE, andMr.GORTON) introducedthefollowing 

tli]l:whichwasreadtwficeandreferredtotheCommittee onCommerce, Sci- 


t’nc’e,and 

A BILL 

‘I’()prohibit certain food transportation practices and to provide 

for regulation by the Secretary of Transportation that will 

safeguard food and certain other products from contamination 

purposes. 

during motor or rail transportation, and for other 

. 


~ licesof the UnitedStatesof Ametica in Congressassembled, 

;~ SECTION1.SHOR TITLE. 

, 

1 

4 This Act may be cited asthe “Safe Food Transportation 

~ Act of 1990”. 

~ SEC,2.FINDINGs. 

7 

congress finds that— 

!

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

2 

(1) Americans are 

other consumer products that are not made unsafe~ ~ 

result of certain transportation practices; 

(2) the American public is threatened by da 

transportation of products potentially harrnfti t. consumers 

in motor vehicles and rail vehicles which Me 

-— 4* 

used to transport food and other consumer produchi” 

and 

...-. 

(3) the risks posed to consumers by such transpor.~ 

(1) FOOD,FOODADDITIVES,DRUGS,DEVICES, oE~: 

..ee- 

..%. 

,,.~. 

:...4 

tation practices are unnecessa~, and such practice!”:. 

---- 

must be terminated. , ~

~ food ad 

Unsafe~ ~ 

~d by the 

‘u] to con. 

which we 

products; 

1transpor. 

practic~~ 

3 

(including solid waste, as such term is defined in section 

1004 of the Solid Waste Disposal Act (42 U.S.C. 

6903)) which (except as provided under section 4(a)(2)) 

is not a food, food additive, drug, device, or cosmetic. 

(3) SEcRETARY.—Theterm “Secretary” means 

the Secretary of Transportation. 

(4) STATE.—The term “State” means a State of 

the United States, the District of Columbia, the Commonwealth 

of Puerto Rico, the Commonwealth of the 

Northern Mariana Islands, the Virgin Islands, American 

Samoa, Guam, or any other territory or possession 

of the United States. 

I 

\ 

/ 

[ 

(5) TRANSPORTSOR TRANSPORTATION.— The i ,-. 

VICES,OB , 

,dditives’;~ 

)ralFood, 

municipal 

insportid 

~required 

a lan~ 

.!., 

~~no~ood 

be ~ean- 

~rodu~t“. 

~*.- :;:. 

p“.. “&. 

.,, ,.. 

..2 

=1- .. 

3 

term “transports” or 

movement of property 

“transportation” 

means any 

in commerce (including intrastate 

commerce)by motor vehicle or rail vehicle. 

(6) UNITEDSTATES.—The tem “United States” 

means all of the States. 

lo SEC.4.REGULATIONS. 

20 

(1)IN GENERAL.— 

-1 ‘) 

(1) RESPONSIBILITYOF SECRETARY.-b accord- 

$),> 

1 

-., ance with this Act, the Secretary, in consultation with i’ i! 

$) -, 3 the Secretary of Agriculture, the Secretary of Health 24 

i 

and Human Services and the Atistrator of the En- ‘i .; 

~,~ ! 

VironrnentalProtection Agency, shall issue regulations, 

i 

i; 

I 

I 

{,

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

uder 

4 

pursuant to a tiemtig proceeding, with respect ~ 

the transportation of food, food additives, drugs, ~ 

vices, and cosmeticsin motor vehicles and rail vehiclea 

which are used to 

nonfood products 

transport either municipal wastesor 

which, when so transported, wo~d 

make such food, food additives, drugs, devices, or C08. 

metics unsafe to the health of humans or animals. ;. 

(2) TREATMENTAS NONFOODPRODUCTS.—~~ 

drug, device, or cosmetic is transported 

in a motoror 

rail vehicle at the same time or before a food or food 

additive is transported in such vehicle, the Secre~ 

shall treat such drug, device, or cosmetic as a nonfood 

product if such transportation would make such a food 

or food additive unsafe to the health of humans Or 

animals. Ii. : ? 

● 

(b) SPECIALREQUIREMENTS. —In issuing re@atiOllS 

subsection (a)(l), the Secretary, in constipationwith 

the Secretary of Agriculture, the Secretary of Health ~d 

Human Services, and the Administrator 

tal Protection Agency, shall establish 

ments, and other provisionsrelating to— 

A. 

of the Environment:’ 

standards, require; 

(I) appropriate recordkeeping, identificatio~. ., 

marking, and other means required to promote compliance 

with the requirements of sections 5, 7, and 8; 

~. 

~:e,. 

!C


-----No.23 of 37----------------------- 

S. 2308 by EXON (D-NE) -- Certain Games of Chance By Nonprofit Organizations 

Not to Be Treated as Unrelated Business, Provision 


A bill to provide that certain games of chance conducted by a nonprofit 

organization not be treated as an unrelated trade or business of such organization. 

Introduced on Tuesday, March 20, 1990 










Abstract 


Repeals the provision of the Tax Reform Act of 1986 that requires certain 

games of chance conducted by a nonprofit organization to be treated as an unrelated 

trade or business for tax purposes. 

Digest 


Repeals the provision of the Tax Reform Act of 1986 that requires certain 

games of chance conducted by a nonprofit organization to be treated as an unrelated 

trade or business for tax purposes.

1 

2 

3 

4 

5 

6 

7 I 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

& ..; 

6 

.% 

#,,> 

~,> 

...~.*-”::+issued 

under subsection (a)(1) shall not apply t. f ‘=”’ 

% 

food additives, drugs, devices, or cosmetics or no~~ ,.- 

products which are packaged in packages which ~% 

such standards. * *:$ 

(2) In the case of transportation describedin S& ., 

tion 6, appropriate recordkeeping, identification,~k. 

ing, and other means which are desirable to ass& 

,%... 

compliancewith this Act. 

*.. .3 

(3) In the case of transportation describedin s~”- 

tion 6, appropriate decontamination, removal, dispo~~ ,* 

and isolation standards for motor vehicles and rail v’; 

‘;42’!’ 

hicles covered by this Act. 

. 

$.“ti :1 

(4) In the case oftransportation describedin s&~ 

tion 6, appropriate certification or other me~s of Ve&-” 

,,’ 

fication of compliance by any person, with respect~ :.$... ,. 

any standard, requirement, or other provision of ~1” 

;?, 

regulations issued mder subsection (a). 

-. ‘“k. # 

. 

(5) Appropriate compliance and enforcerne~~ 

measures for carrying out this Act. ;~”: 

.-vfij! 

(6) Appropriate minimum insurance or other lia~~: 

ity requirements for any person covered by this A&!.” .:.>,.. 

(7) In the case of transportation describedin s&~ .,:=*4., **._ 

tion 6, appropriate standards, requirements, or ot~e~.: 

provisionsfor any motor vehicle or rail vehicle 

transport food, food additives, drugs, devices, 

.“. 

... 

..

aPPIYto food, 

tics or noldood 

es which meet 

~scribedb see-. 

fication, mark. 

able to asswe 

‘scribedin sec. 

loval, dispos~, 

es and rail ve. 

scribed in secmeans 

of veritith 

respect to 

ovision of the 

enforcement 

7 

1 metics and used to transport nonfood products which, 

, 

.). 

when so transported, would m~,kesuch food, food addi- 

.1 .) tives, drugs, devices, or cosmetics unsafe to the health 

4 of humans or animals. 

5 (d) DEADLINES.—Therulemaking proceeding‘referred 

(; to in subsection (a)(1) shall be initiated within thirty days 

. , after the date of enactment of this Act. The regulations res 

ferred to in subsection(a)(1) shall be issued within one hun- 

~, ~redand eighty days after such date of enactment. 

10 SEC.5: MOTORANDRAIL TRANSPORTATIONOF 

11 WASTE. 

1: (a) PROHIBITION.—At a minimum, the 

1:~ issued under section 4 shall prohibit any person 

MUNICIPAL 

regulations 

from using, 

14 offeringfor use, or arranging for the use of a motor vehicle or 

15 a rail vehicleto provide transportation of food,food additives, 

1(; drugs, devices, or cosmetics, if such vehicle is used to trans-s 

17 port municipal waste not included on a list published under 

IH subsectionb). 

1:) (b)LISTOFACCEPTABLEPRODUGTS.— 

I 

I 

or other liabil- 

1 by this Act: 

;cribed in secjnts, 

or other 

chicle used@’ 

> ,, 

vices, or COS- 

,--- 

.... , -- Health and Human Services, and the Administrator of 

‘) -. 3 the Environmental Protection Agency, shall publish in 

~J 

.)- 2 

the Federal Register a list of the articles of municipal 

. . 

waste, if any, that the Secretary has determined do not I 

s ~:j~~ Is 

I 

i. 

~ -- - --’---

!, 

I 

8 

1 

make food, food additives, drugs, devices, or cosmetiq 

2 

unsafe to the health of humans or afials 

as a re$~ 

3 

of transportation in a motor or rail vehiclewhich ~ 

I 

4 

used to transport food, food additives, ~gs, 

device8, 

5 

or cosmetics. The Secretary may periodically amend 

6 

the list by publication in the Federal Register. 

7 

(2) CARDBOARD, PALLETS,BEVERAGEcONT~. 

8 

ERS, ANDOTHERFOODPACKAGING. —The list pub. 

9 

lished under paragraph (1) shall include cardboard,pal. 

10 

lets, beverage containers, and other food packa~ 

11 

except to the extent the Secretary detefies 

that the 

12 

transportation of cardboard, pallets, beverage contain- 

13 

ers, or other food packaging in a motor or rail vehicle 

I 

, 

14 

which is used to transport food, food additives, drugs, 

, 

y- 

15 

devices, or cosmetics would make the food, food addi- 

16 

tives, drugs, devices, or cosmetics unsafe to the health 

17 

of humans or animals. 

18 

SEC.6. MOTORANDRAILTRANSPORTATION OF OTHERNON. 

19 

FOODPRODUCTS. 

1 

20 

21 

22 

23 

24 

25 

(a) STANDARDS, REQUIREMENTS, ANDOTHERPROVI- 

SIONS.—k issuing regulations under section 4(a)(l), the Secretary, 

k consultation with the Secretary of Agriculture, the 

Secretary of Health and Human Services, and the AMstrator 

of the Environmental Protection Agency, shall consider 

and may establish standards, requirements, or other proti- 

I 

u 

S2393Is 

I 

I

~tics 

sions relating to the transportation by 

9 

motor vehicle or rail 

:s~t 

h~ 

ices, 

lend 

~.chicleof food, food additives, drugs, devices, or cosmetics 

~~’heresuch vehicle is used to transport any nonfoodproduct 

includedon a list publishedunder subsection(b). 

~) LIST OFOTHER~ONFOODPRODUCTS.— 

m- 

)ub. 

pal- 

Y% 

the 

ain- 

[icle 

Igs, 

ddidth 

, 

ON. 

vI- 

ec- 

;he 

isidvi- 

(1) PUBLICATION.—The Secretary, in consultation 

with the Secretary of Agriculture, the Secretary of 

Health and Human Services, and the Administrator of 

the Environmental Protection Agency, shall publish in 

the Federal Register a list of nonfood products (other 

than municipal waste) which the Secretary has determined 

would make food, food additives, drugs, devices, 

or cosmetics unsafe to the health of humans or animals 

as a result of transportation in a motor vehicle or rail 

vehicle which is used to transport food, food additives, 

odically amend 

Register. 

drugs, devices, or cosmetics. The Secretary may perithe 

list by publication in the Federal 

(2) CARDBOARD, PALLETS,BEVERAQECONTAIN- 

ERS, ANDOTHERFOODPACKAaING.-The list published 

under paragraph (1) shall not include cardboard, 

pallets, beverage containers, and other food packaging 

except to the extent the Secretmy determines that the 

transportation of cardboard, pallets, beverage containers, 

or other food packaging in a motor vehicle or rail 

S 2393 _-2

~ 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

10 

“i.. 

.. . 

vehicle which is used to transport food, food additive~, 

drugs, devices, or cosmetics would make.the food,fo~ 

additives, drugs, 

health of humans or animals. 

devices,or cosmetics unsafe to tie 

SEC.7. TANKTRUCKS, RAILTANKCARS,ANDCARGOTAN~ 

(a) PROHIBITION.—Ata minimum, the regulatio~ 

issued under section 4(a)(1) shall prohibit any person from 

using, offering for use, or arranging for the use of a tad 

truck, rail tank car, or cargo tank used in motor vehic~% 

transportation or rail transportation of food, food additives, ’ 

;,. 

drugs, devices, or cosmetics,if such tank truck, rail tank car, 

;*: ,.., 

or cargo tank is used to transport a nonfood product (other 

than any nonfood product which is included on a list pub.’ 

.4 

Iishedunder subsection(b)). 

..:1, 

(b) LIST OFACCEPTABLE~ONFOODpRoDucTs.—The” 

!:; 

Secretary, in consultation with the Secretary of Agriculture,” 

the Secretary of Health and Human Services, and the Ad=.. 

... 

ministrator of the Environmental Protection Agency, shw ., 

publish in the Federal Register a list of nonfood product”” 

..+ 

which the secretary has determined do not make food,foOi- ., 

additives, drugs, devices, or cosmeticsunsafe to the health”~!~. 

humans or animals as a result of transportation in a t~’~ ~~: 

truck, rail tank car, or cargo tank which is used to transpo.=- ‘f 

.,: 

;&: 

food, food additives, drugs, devices, or cosmetics. The Secre:>. 

*2 

y 

‘:, 

I 

I 

* 

,. 

I 

i 

i 

I 

s 2393Is 

1

“~ 

.& 

tives, 

food 

J the 

,NKs. 

tions 

fronl 

tam 

hic]e 

ives, 

car, 

)ther 

pub- 

The ‘ 

ure, 

Adhall 

Icts 

ood 

1of 

ink 

)ort 

re- 

11 

tarj’ may periodically amend such list by publication in the 

FederalRegister. 

(c) IDENTIFIC~TION.—l’here~ations issued under 

section4(a)(l) shall, at a minimum,provide that— 

(1) no person shall use, offer for use, or arrange 

for the use of a tank truck or a cargo tank to provide 

motor vehicle transportation of only food,,food additives, 

drugs, devices, or cosmetics or nonfoodproducts 

which are included on the list published under subsection 

b) unless such tank truck or cargo tank is identified, 

by a permanent marking on such tank truck or 

cargo tank, as transporting such food, food additives, 

drugs, devices, or cosmetics or nonfoodproducts; ‘ 

(2) no person shall use, offer for use, or arrange 

for the use of a tank truck or a cargo tank to provide 

motor vehicle transportation of a nonfood product 

which is not included on the list published under subsection 

(b) if such tank truck or cargo tank is identified 

pursuant to paragraph (1) as a tank truck or cargo 

tank transporting only food, food additives, drugs, devices, 

or cosmetics and nonfood products included on 

such a list; and 

(3) no person shall receive, except for lawful disadditive, 

drug, device, 

posal purposes, any food, food 

or cosmetic or nonfood t)roduct which has been trans- 

-.. 

~ ...

12 

1 ported in a tank truck 

2 paragraph (1) or (2). 

3 (d) DISCLOSURE .—by 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

orcargo tank ill Violationof 

person who wanges 

for the 

useof a tank truck or a cargo tank used in motor ve~c]e 

transportation for the transportation of a food, food additive, 

drug, device, or cosmeticor nonfoodproduct shall in m ● 

* 

such arrangement discloseto the motor carrier or other ap. 

Propriate person if the food, food additive, tig, 

device,or 

cosmetic or nonfood product being transported is to be 

used— 

(I) as, or in the preparation of, a food or foodadditive; 

or 

(2) as a nonfood product which is includedin the 

14 list publishedunder subsection @). 

15 SEC.8.DEDICATEDVEHICLES. 

16 At a minimum, the regulations issued under section, ,- 

17 4(a)(l),shall prohibit any person from using, offeringfor use, c 

. 

18 or arranging for the use of a motor vehicle or rail vehicleW~ 

19 provide transportation of asbestos or products which present.. 

~, ?. 

20 an extreme danger to human or animal health, despite my~ ;.., , 

21 decontamination,removel, disposal, packaging, or other iso-*“ 

~, *; 

22 lation procedures, unless such motor vehicle or rail vehicleis ‘:. 

a 

23 used orily to provide transportation of one or more of 

24 following:asbestos, such extremely dangerous products? 

25 municipal waste. The Secretary, in consultation with 

~ 

S~3g~1s

q 

I 

; ;4 ~~•ŒÜpm••¸Ç•\·Ç• 

.) 

. 

:i 

1 

13 

secretary of Agriculture, the Secretary of Health and 

]luman Services, and the Administrator of the Envi.ron.menti~lProtection 

Agency, shall publishin the Federal Register a 

1 

,1 

(i 

1 

,< 

!) 

10and the Administrator of the Environmental Protection 

11 

12 

I:; 

!4 

1,7 

1(; 

17 

list of the products covered by this section. The Secretary 

ma~~periodicallyamend such list by publication in the Feder- 

:11Register. 

sEC.9.W~IVERAUTHORITY. , 

The Secretary, in consultation with the Secretary of 

Agriculture, the Secretary of Health and Human Services, 

Agency,may waive, in whole or in part, application of any 

provisionof this Act or any regulation issued under this Act 

\vithrespect to any class of persons, class of motor vehicles, 

classof rail vehicles, class of food, food additives, drugs, de- 

vices,or cosmetics, class of municipalwaste, or class of nonfoodproducts, 

if the Secretary determines that such waiver 

~vouldnot result in transportation of food, food additives, 

h 

c 

‘> 

i... 

[Ii 

i;~ 

>~i 

rA 

. .,, 

18 

19 

‘)0 

-1 ,) 

‘)2 

‘) . .? 

24 

,)- 

.0 

drugs, devices, or cosmetics that would be unsafe to human 

or animal health and otherwise is not contrary to the public 

interest and this Act. Any waiver Under this section shall be 

publishedin the Federal Register, together with the reasons 

forsuch waiver. 

SEC.10.FOODl’RANSPOR’I’ATION INSPECTIONS. 

(a) hSPECTION AuTHORI!rY.-The Secretary 

carry out the reqfiements 

may 

of this Act through inspections 

d

1 

14 

conductedby State employeeswhich are fundedwith ~onev 

— 

2 

authorized under section 404 of the Stiace 


3 

Assistance Act of 1982 (49 App. U.S.C. 2s04) tOcaq 

Ow 

4 

5 

the MotorCarrier Safety Assistance Program. 

(b) ASSISTANCEOF OTHER AGENCIES.—upon reque~ 

6 

by the Secretary, the Secretary of Agrictit~e, 

the Secre% 

7 

of Health and Human Services, the Atinistrator 

of theEn. 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

vironmental Protection Agency, and the heads of other aF 

propriate Federal agencies shall provide assistance, to tie -a 

extent such assistance is available, to the Secretary for tie” 

purpose of carrying out this Act, inclutig 

assistancein th~ 

training of personnel under a program establishedundersub 

,. 

section (c). 

f= ,. .. 

(c) TRAININGPROGRAM. —The Secretary, in coopera= 

tion with the Secretary of Agriculture, the Secretary if 

Health and Human Services, the Atistrator 

of the End- :,:. 

ronmental Protection Agency and the heads of appropriak’ .,:> 

State transportation and food safety agencies, shall develi~ .

h 

de. 

?les 

or 

tid 

0s. 

fa 

or 

]od 

iry 

~c)d 

10d 

or 

as 

til 

Lld 

n“ 

e- 

1, 

i- 

5 

(2) appropriate decontamination, removal, disposal, 

and isolation standards with respect to regulations 

implementingsections 5 and 7; 

(3) appropriate certification or other means of verification 

of compliance by any person, with respect to 

any standard, requirement, or other provision of the 

regulations implementing sections 5, 7, and 8; and 

(4) appropriate materials for construction of tank 

trucks, rail tank cars, cargo tanks, and accessory 

equipment to comply with regulations implementing 

section 7. 

(c) CONSIDERATIONS .—In issuing regulations under 

subsection(a)(l), the Secretary, in consultationwith the Secretary 

of Agriculture, the Secretary of Health and Human 

15 Services, and the Administrator of the 

Environmental Prol~; 

tectionAgency, shall consider each of the followingand may 

I’i establishstandards, requirements, or other provisionsrelating 

18 to any or all of the following: 

19 (1) The extent to which packaging Ior similar 

20 means of protecting and isolating commoditiesare adek) 

-.1 quate to ameliorate or eliminate the potential risks of 

‘)9 -- transporting food, food additives, drugs, devices, or 

23 cosmetics in motor vehicles or rail vehicles used to 

24 transport 

,)- 

.3 found to 

nonfood products. If packaging standards are 

be adequate by the Secretary, regulations 

I 

s 2:39:; Is

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

16 

issuedunderthisAct, or of an order issued under this Act,~ 

the same manner and to the same exte~t that the Secretw 

is authorized to take under section 111 of the Hazardo& 

Materials Transportation Act (49 U.S.O. App. 1810). 

SEC.13.RELATIONSHIP TOOTHERLAWS. 

The provisions of the Hazardous Materials Transpor~. 

tion Act (49 U.S.C. App. 1801 et seq.) relating to the relationship 

of that Act to a law, regulation, order, ruling, provi. 

sion, or other requirement of a State or 

political subdivision 

thereof or of an Indian tribe shall apply with respect to the 

relationship of this Act to a law, regulation, order, ruling, 

provision,or other requirement of a State or political subdivision 

thereof or of an Indian tribe which concerns a subject 

coveredunder this Act. 

F 

SEC.14.COORDINATION PROCEDURES. 

Not later than one year after the date of enactmentof 

this Act, the Secretary, after consultation with appropriate 

State officials,shall establish procedures to promote moreeffective 

coordination between the agencies of the Unitid 

States and agencies of the States with regulatory authori~ 

over motor carrier safety and railroad safety with respect~ 

F 

implementationand enforcementof this Act. 

. 

SEC.15.APPLICABILITY. 

This Act shall take effect on the date of enactment Of 

this Act, except that sections 9 and 10 shall only apply~“ 

.,$

transportation occti 

17 

g on or after the date that regulations 

issuedunder section4(a)(1)take effect. 

SEC.16.MOTORCARRIERSAFETY. 

(a) SHORTTITLE.—This section may be cited as the 

“Motorcarrier Safety Act of 1990”. 

‘ansporta. 

the rela. 

ng, provi. 

~bdivision 

~ctto the 

?r, ruling, 

,1subdi~. 

a subject 

(b)MOTORGAREIERSaETY RAT~GS.— 

(1) IN GENERU.—Not later than one year after 

the date of enactment of this Act, the Secretary, in 

consultation with the Interstate Commerce Commission, 

shall issue a final rule amending the Federal 

~ 

motor carrier safety regulations contained in subchap- (: 

., 

ter B of chapter III of title 49, Code of Federal Regu- 

i 

[: 

lations, to— 

[. 

t. ,, 

.. (: 

(A) establish a system to make readily avail- 

;: 

able to the public, and to periodically update, the 

safety ratings of motor carriers which have been 

assigned safety ratings determined by the Secretary 

to be unsatisfactory; and 

(B) provide that, in any case in which a 

motor carrier has been assigned a safety rating 

determined by the Secretary to be unsatisfactory 

and has submitted a written request to the Secretary 

for a reassessment of the rating, the Secretary 

shall, to the extent practicable, conduct the 

~D•Œ 

>tmentof 

propriate 

moreef- 

~ United 

authority 

espectto 

tment of 

apply to 

..:., 

-.%- *:.- 

. ..... 

D —

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

18 

reassessment within nine months ~ter receipt ~ 

the request. . 

(2) PROHIBITION. —The Secretary shall, not ~~ 

than one year after the date of enactment of this Act, 

issue a final rule providing that 

any motor carrier t~ 

receives a safety rating determined by the Secret~ ~ 

be unsatisfactory shall be prohibited from operat~ 

commercial motor vehicle which meets the description 

set forth in section 204(1) (B) or (C) of the Motor Car. 

rier Safety Act of 1984 (49 App. U.S.C. 2503(1) (B) 

or (C)) until such motor 

rating determined by the 

satisfactory. 

carrier has received a safety 

Secretary to be conditionalor 

(c) IMMINENT=ARDS TO SA.FETY.— i 

(1) GUIDELINES.—Not later than sixty days after 

the date of enactment 

of this Act, the Secretary Shd. 

develop and submit to the Congress Operational @ae- 

Ii.nes for taking actions under section 521(b)(5) of title 

49, United States Code, with respect to any violation,’ 

or combination of violations, that poses an imminenthazard 

to safety. 

tive on the date 

The guidelines, which shall be effec-’ 

that is sixty days after such date of 

enactment, shall specify the criteria for determining-- 

.@ 

when such actions shall be taken. 

7.* :.% 

a 

,

‘ receipt of 

1,not later 

)f this Act, 

tarrier that 

ecretary to 

)perating a 

description 

MotorCar. 

)503(1) ~) 

~da safety 

lditionalor 

19 

(2) REPORT.—Notlater than January 1 of 1991, 

1992, and 1993, the Secretary shall submit to the 

Congress a report describing the actions taken under 

the operational guidelines required by paragraph (1). 

(d) DRUGVIOLATIONSAT TRUCKSTOPSANDREST 

~REAS.— 

(1) FINDINGS.—The Congress finds that— 

(A) the illegal use of controlled substancesby 

operators of commercial motor vehicles represents 

an enormous threat to the safety of all motorists 

and their passengers on the Nation’s roadways; 

and 

(B) as indicated by numerous studies, congressional 

hearings, and investigations, individuals 

daysafter 

etary shall 

)nal guide- 

(5) of title 

- violation, 

imminent 

1 be effec- 

~h date of 

~termining 

often use 

stops and 

the areas surrounding roadside truckroadside 

rest areas as sites for the distribution 

of these controlled substances to the operators 

of commercialmotor vehicles. 

(2) AMENDMENTO CONTROLLEDSUBSTANCES 

ACT.— 

(A) In light of the findings in paragraph (l), 

part D of the Controlled Substances Act (21 

U.S.C. 801 et seq.) is amended by inserting immediately 

after section 408 the following new 

section:

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

20 

..+ 

“TRANSPORTATIONSAFETYOFFENSES 

{ 

“SEC. 409. (a) Any person who violates section 

401(a)(l) or section 416 by distributing or possessing ~~ 

intent to distribute a controlled substance in or on, or ~t~ 

one thousand feet of, a truck stop or safety rest area ~ 

(except as provided in subsection (b))punishable— 

“(1) by a term of imprisonment, or fine, or both, 

up to twice that authorized by section 401@) 

title; and 

“(2) at least twice any term of supervised 

authorized by section 401@)for a first offense. 

Except t. the extent a greater minimum sentence is other-< 

wise provided by section 401(b), a term of imprisonment 

under this subsection shall be not less than one year. The 

mandatory minimum sentencing provisions of this paragraph 

shall not apply to offenses involving five grams or less of . 

marijuana. , -. ,: 

“@) Any person who violates section 401(a)(l) or sec- .: 

tion 416 by distributing or possessingwith intent to distribu~~ 

a controlled substance in or on, or within one thousand feet. ., 

of, a truck stop or a safety rest area after a prior conviction 

or convictions 

punishable— 

uder 

subsection (a) have become final iS 

< 

“(1) by the greater of (A) a term of imprisonrneDt 

of not less than three years and not more than life ~- 

.* 

J 

. . ....,.,A~.~L.-..- ./.. 

.. 

-.-’---- . . .. .. .. ... . . 

S2393Is 

- ..- 

—

. 

21 

section 

ng ~th 

r w-ith~ 

area is 

or both, 

of this 

release 

s othersonrnent 

tar. The 

Lragraph 

“ less of 

or secistribute 

and feet 

nviction 

final is 

sonment 

life irn- 

1 

+2 

;? 

4 

.5 

6 

7 

8 

9 

13 

14 

15 

16 

17 

18 

19 

20 

.) -1 

22 

23 

24 

25 

prisonment or @) a term of imprisonment of up to 

three times that authorized by section 401(b) of this 

title for a first offense, or a fine up to three times that 

authorized by section 401@) of this title for a first offense, 

or both; and 

“(2) at least three times any term of supervised 

release authorized by section 401(b) of this title for a 

first offense. 

“(c) In the case of any sentence imposed under subsec- 

10 tion (b), impositionor execution of such sentence shall not be 

11 suspended and probation shall not be granted. An individual 

IQ convictedunder subsection (b) shall not be eligible for parole 

under chapter 311 of title 18 of the United States Code until 

the individual has served the minimum sentence required by 

such subsection. 

“(d) For purposes of this section— 

“(1) the term ‘safety rest area’ has the meaning 

given that term in part 752 of title 23, Code of Federal 

Regulations, as in effect on the date of enactment of 

this section; and 

“(2) the term ‘truck stop’ means any facility (including 

any parking lot appurtenant thereto) with the 

capacity to provide fuel or service, or both, to my 

commercial motor vehicle as defined under section 

12019(6) of the Commercial Motor Vehicle Safety Act 

S 2393IS 

—----- 

1

1 

2 

3 

4 

5 

6 

7 

.~.47... 

of 1986, operating in commerce as defined in section 

12019(3) of such Act.”. 

(B) section 

401(b) of such Act (21 U.S.C. 

8410)) is amended by striking “or 405B” e~h 

place it appears and inserting in lieu thereof . 

“405B, or 409”. 

. 

(C) The table of contents of the Comprehen.““””” 

8 Sive Drug Abuse Prevention and Control Act of ...+., 

9 1970 is amended by inserting, immediately after ., 

10 the item relating to section 408, the fo~owing: ; . 

“Sec.409.Transportation safetyoffenses.”. ~f’g?:. . 

11 (3) SENTENCINGUIDELINES.— 

.. --- . 

,i 

12 

13 

14 

15 

16 

17 

18 

19 

(A) Pursuant to its authority under section‘ 

,:,&,.. 

994 of title 28, United States Code, and section-j :,:=., 

,, 

21 of the Sentencing Act of 1987 (28 U.S.C. 994 .:,. ~~ 

-V*’ 

note), the United States Sentencing Commission“... . 

:* 

shall promulgate guidelines, or shall amend exist- . .== .. 

....*: 

ing guidelines, to provide that a defendant con-” 

“?* 

victed of violating section 409 of the Controlled& .4 ,— 

,..q. ,.- 

Substances Act, as added by this subsection, shall ~~•Œœ]o•”;“••?“•¤;“•p 

~.: 

be assigned to an offense level under chapter 3 of ~;.: ... 

20 

*.,. 

.::* 

21 the sentencing guidelines that is— &yz- ‘ ...a-. 

.m’ 

22 (i) two levels greater than the level th!~~ 

“s 

.. 

23 would have been assigned for the underlying ;5 

,’s 

24 

controlled substance offense;and 

~-+: 

, .- 

-. 

25 (ii)in no event less than level 26. 

s .):]$):j Is

.! 

I 

23 

1 

(B) If the sentencing guidelines are amended 

4 

after the effective date of this section, the Sentencing 

Commission shall implement the instruction 

set forth in subparagraph (A) so as to achieve 

a comparable result. 

(C) The guidelines referred to in subparagraph 

(B), as promulgated or amended under such 

paragraph, shall provide that an offensethat could 

be subject to multiple enhancements pursuant to 

10 such subsection is 

11 such enhancement. 

subject to 

not more than one 

I! (e) IMPROVEDBRAKE SYSTEMSFOR COMMERCIfi 

1;] hlOTORVEHICLES.— 

14 (1) AMENDMENTTO 1988 AcT.—Section 9107 of 

,.. 

15 

1(; 

17 

18 

*).- . .) 

the Truck and Bus Safety and Regulatory Reform Act 

of 1988 (Public Law 100–690, subtitle B of title IX; 

102 Stat. 4530) is amended— 

(A) by striking “REPORTON”in the heading; 

(B) by inserting “(a) REPORT.—” immediately 

before “~ot later than”; and 

(C) by adding at the end the following new 

subsection: 

“(b) RULEMAKINGPROCEEDING .—The Secretary shall 

initiate a rulemaking proceeding not later than February 1, 

1991. such proceeding shall concern the need to adopt meth- 

. ., ii 

i 

ii 

: .1 

I 

I

1.,-., -.. 

24 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

ods for improving braking performance standards for Cou. 

mercial motor vehicles and shall bclude an examination~ 

antilock systems, means of improvingbrake compatibtity~d 

methods of ensuring effectiveness of brake timing. Any de 

which the Secretary 

determines to issue as a resdt of such 

proceeding regarding improved brake performance shallt~e 

into account the necessity for effectiveenforcementof sucha 

rule. The Secretary shall concludethe proceedingreqfied by 

this subsectionnot later than October 30, 1991.”. 

(2) CLERICALAMEmmNT.-The table of COn. 

tents contained in section 9101(b) Of the Tmck and 

Bus Safety and Regulatory Reform Act of 1988 (102 

Stat. 4527) is amended by striking “Report on improved” 

in the item relating to section 9107 and inserting 

in lieu thereof 

$ 

“Improved”. 

(f) SAFETYINSPECTORGRADE LEvELs.-~otwithstanding 

any other provision of law, the position held by 8 

fully experienced and qualified senior or journeyman motti 

carrier safety specialist working primarily in the field fid 

employedby the Department of Transportation shall be cla~~ 

sifiedin accordancewith chapter 51 of titIe 5, United StaWg 

,4{. 

Code, at grade GS-12 of the General Schedule. 

. 

(g) PROCED~ES TO ENSURETIMELYCORRECTION 

OF SAFETYVIOLATIONS.— 

;’s>.. 

.~,-y 

S2393IS

F 

. 

15 

h moneys 

sPortatiOn 

carry out 

‘n request 

Secreta~ 

Ifthe En. 

other ap. 

e, to the 

y for the 

ce in the 

ridersub. 

coopera- 

“etary‘of 

he Envi- 

~ropriate 

develop 

conduct 

~dunder 

pectors,’ 

s Motor 

I in the 

1 Ineticsand in the procedures for securing the assistance of 

: the appropriate Federal and State agencies to support such 

;; enforcement. 

.$ ~EC.11.POWERSANDDUTIESOFTHESECRETARY. 

,; The Secretary shall have the same powers, duties, and 

[; authorities~der this Act with respect to transportation reg- 

T ulatedunder this Act as the Secretary has under section 109 

s (other than subsections (c)(l), (d), and (e) of such section) of 

~j the Hazardous Materials Transportation Act (49 U.S.C. App. 

10 1801 et seq.) with respect to transportation regulated under 

~1 suchAct. 

l: SEC.12.v1OLATIONS, PENALTIES, ANDSPECIFICRELIEF. 

1:1 (a) VIOLATIONS;PENALTIES.—The Secretary shall— 

14 (I) determine civil or criminal violations, or both, 

15 of regulations issued under this Act, or of an order 

16 issued under this Act, and 

17 (2) impose civil or criminal penalties, or both, for 

18 such violations, 

19 in the same reamer and to the same extent that violations 

20 maybe determined ~d penalties may be imposed under sec- 

~1 tion 110 of the Hazardous Materials Transportation Act (49 

~~ U.S.C. App. 1809). 

*3 . . 3 (b) EQUITABLERELIEF.—The Secretary shall request 

., 

~~ equitable relief and ta,ke action to eliminate or 

ameliorate an 

l,ndCOS; 

. 

.. 

-.2-.’ 

~.. 

~.+> 

-.*... 

3 . 

~~ imminent hazard with respect to any violation 

of regulations 

.

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

26 

(B) a program of accountability for correct% 

all safety violations, which shall provide that— 

(i) the operator of a commercial motor 

vehicle for which a safety violation has been 

noted shall be issued a form prescribed b)? 

the Secretary; 

(ii) the making of the repairs necessar~’ 

to correct such violation and the date, location, 

and time of such repairs shall be certified 

on such form by the person making such 

repairs; 

(iii) the motor carrier responsible for 

such commercial motor vehicle or operator 

shall certify on such form that, based on the 

knowledge of the carrier, the repairs necessary 

to correct such violation have been 

made; and 

(iv) appropriate State penalties shall be 

! 

“.. . 

19 

20 

21 

22 

23 

24 

25 

assessed for false statements on such fo~s 

or for failure to return such forms to the appropriate 

State entity; and 

(C) a system for ensuring that appropria~ 

State penalties are assessed for failure to correct 

any such safety violation. 

(h) SERIOUSSAFETYVIOLATIONS.— 

t 

S239?IS

27 

(1) FINDINGS.—The Congress finds that— 

(A) the present system for ensuring compliance 

with Federal motor carrier safety laws and 

regulations needs improvements; 

(B) relying primarily upon voluntary compliin 

an acceptable 

ance methods has not resulted 

level of commercialmotor vehicle safety; and 

(C) improvementsin the existing enforcement 

authorities are required to bring about greater 

safety. 

(2) OPERATIONALPROCEDURES.—In light of the 

2 

‘% 

findings in paragraph (l), section 521@)(l) of title 49 

..-* 

1..,.., 

United States Code. is amended— [::: 

#.-, 

k.. ~ 

(::J ... 

(A) by redesignating the existing text as sub- 

{::: 

paragraph (A); and 

—-.. . 

(B) by adding at the end the following new 

subparagraph: 

“m) The Secretary shall, not later than January 1, 

1990, establish operational procedures to require a highway 

safety specialist or other appropriate representative of the 

Secretary to initiate, at the time of a safety review, compliance 

review, or other inspection or audit activity, or tithin a 

reasonable time thereafter, an enforcement action whenever 

any of the offensesreferred to in paragraph (2) (A) and (B) 

s 239:)Is

,., 

28 

,+. 

-., :..’ 

I Canbedocmented, except recordkeepingviolationsnot&-: 

~ 

2 ifiedby the Secretary as serious. The proceduresshaH— .3-:? 

: = “*. . 

3 “(i) specify those serious recordkeeping Violatiom -, ”,. 

.7, \ 

“commercial driver’s license” has the meaning @ven~, 

...,, 

, “ 

,.~. . ., 

such term in section 12019(4) of the cornmerc~ ,~-~ .+.;-. .. i 

24 Motor Vehicle Safety Act of 1986 (49 App. U.S.CC.: ~~j ~ 

,....:. -==W.,$, 

25 2716(4)). 

.- 

S~~g:; IS 

———.....-----.-.4

Spec. 

~ations 

?d, in- 

)rdsof 

quired 

lations 

an en- 

speci- 

.s after 

initiate 

>dsfor 

e accin 

such 

29 

(2) COMMERCIALMOTOR vEHIcLE.—l’he term 

“commercial motor vehicle” has the meaning given 

such term in section 204(1) of the Motor Cafier Safety 

Act of 1984 (49 APP. U.S.C. 2503(1)). 

(3) CONDITIONAL; uNSATISFACTORY.-l’he 

terms “conditional” and “unsatisfactory” have the 

meanings given those terms in part 385 of title 49, 

Code of Federal Regulations, as in effect on the date 

of enactment of this Act. 

(4) SEcRETARY.-The term “Secretary” means 

the Secretary of Transportation. 

(5) TRUCK.—The term “truck” means a commermotor 

vehicle that meets the description set forth 

cial 

. 

m section 204(1) (A) or (C) of the Motor Carrier Safety 

Act of 1984 (49 App. U.S.C. 2503(1) (A) or (C)). 

:eeding 

enact- 

< 

e terM 

, given 

nercid 

U.s.c. 

1.3 ~..... . 

“..,.


-----No. 25 of 37----------------------- 

S. 2516 by EXON (D-NE) -- Foreign Direct Investment and International 

Financial Data Improvements Act of 1990 (Pub. L. 101-533, approved 

11/07/90) 


A bill to augment and improve the quality of international data compiled by the 

Bureau of Economic Analysis under the International Investment and Trade in 

Services Survey Act by allowing that agency to share statistical establishment list 

information compiled by the Bureau of the Census, and for other purposes. 

Introduced on Wednesday, April 25, 1990 







Remarks by HATCH (R-UT) in “Congressional Record” (CR Page S-5011) 


Ordered printing of amendment(s) by MURKOWSKI (R-AK) allowing the Committee 

on Foreign Investment in the United States (CFIUS) access to data 

collected by the Bureau of Economic Analysis (Amendment 1664, 











Public hearing held by Senate Committee on Commerce, Science, 


Hearings recessed by Senate Committee on Commerce, Science, 

and Transportation subject to the call of the Chair 


Ordered reported, as amended, by Senate Committee on Commerce, Science,


andTransportation 



(S.Rept. 101-443) 



Ordered printing of amendment(s) by HOLLINGS (D-SC) in the nature of a 

substitute, the “Foreign Direct Investment and International Financial 

Data Improvements Act of 1990” (Amendment 3049, CR Page S-16055) 






Amendment offered by HOLLINGS (D-SC) in the nature of a substitute, 

the “Foreign Direct Investment and International Financial Data 

Improvements Act of 1990” (Amendment 3049, CR Page S-16076) 

Agreed to amendment by HOLLINGS (D-SC) (by Voice Vote) No. 3049 


Passed (agreedto), as amended(byVoiceVote) 

Anothermeasureincorporatedas an amendmentby HOLLINGS(D-SC)intothis 

measure(H.R. 4520, Amendment 3049) 






Motion by WALGREN (D-PA) to suspend the rules and pass the measure as 

amended 






Extensions to Remarks by MCMILLEN, TOM (D-MD) in “Congressional Record” (CR 

Page E-3457) 

10/26/90 -- In The HOUSE










Abstract 


Amends the International Investment and Trade in Services Survey Act and 

Federal census law to direct the Bureau of Economic Analysis (BEA) and the Bureau 

of the Census to exchange and use data regarding foreign business ownership 

interests in the United States (“statistical establishment list information”). 

Authorizes the President to request BEA reports on foreign direct investment in 

a given industry. 

Digest 


10/19/90 (Measure passed Senate, amended ) Foreign Direct Investment and 

International Financial Data Improvements Act of 1990- Requires the Secretary of 

Commerce (Secretary) to submit to specified congressional committees a report 

concerning the role and significance of foreign direct investment in the United States. 

Authorizes the Comptroller General to review the report and submit to specified 

congressional committees an analysis of it with recommendations. Provides for the 

confidentiality of information used in such analysis. 

Requires the Bureau of the Census to exchange with the Bureau of Economic 

Analysis of the Department of Commerce information relating to any business 

enterprise that operates in the United States if the Secretary determines such 

information is appropriate to augment and improve the quality of data collected under 

the International Investment and Trade in Services Survey Act. 

Amends such Act to authorize the collection and use of information on direct 

investments owned or controlled directly or indirectly by foreign governments or 

persons. 

Requires the President to publish for the general public and U.S. agencies 

information on foreign investment in the United States with tables listing certain 

businesses (50 percent or more, and 50 percent or less, of whose voting securities 

are owned or controlled by foreign persons).

I 


Authorizes the President to request from the Bureau of Economic Analysis a 

report on foreign investment in any given U.S. industry. 

Authorizes the Bureau of the Census and the Bureau of Labor Statistics, with 

respect to augmenting and improving the quality of data they collect, to have access 

to data relating to business enterprises and international services transactions. 

Requires: (1) affirmation under oath of certain reports made pursuant to the 

International Investment and Trade in Services Survey Act by the officer directly 

responsible for maintenance and compilation of such information; and (2) certification 

of their substantial accuracy, except when estimates are provided because accurate 

data are unavailable or cannot be obtained without undue burden. 

Increases, and makes mandatory, the civil penalties for failure to provide 

information under such Act. 

Sets forth requirements and penalties with respect to the confidentiality of and 

access to information collected under this Act.

1921(b)(6) 

-2~)(6))is 

ting “sec. 

WENTACT 

lare Qual. 

loll) 

d inserting 

lprovement 

) is further 

paragraph: 

1 graduate’ 

late from a 

r Canada.”. 

nactmentof 

>rvicesshall 

~mendments 

101’TCONGRESS 

2DSESSIONS.2516 

I’oaugmentandimprovethequalityofinternational datacompiledbythe Bureau 

of EconomicAnalysisunder the InternationalInvestmentand Trade in 

ServicesSurveyAct by allowingthat agencyto sharestatisticalestablishmentlist 

informationcompiledby the Bureauof the Censusand for other 

purposes. 


APRIL 25 (legislativeday, APRIL 18),1990 

~!r.EXON(forhimselfandMr.HATCH) (byrequest)introducedthe followingbill; 

whichwasreadtwiceandreferredto the CommitteeonCommerce, Science, 

andTransportation 

A BILL 

To augment and improve the quality of international data compiled 

by the Bureau of Economic Analysis under the International 

Investment and 

allowing that agency to 

information compiled by 

other purposes. 

Trade in Services Survey Act by 

share statistical establishment list 

the Bureau of the Census and for 


2 tivesof the UnitedStates of America in Congressassembled, 

3 SECTION1.SHOR TITLE. 

i 

I 

4 This Act may be cited as the “International 

5 ImprOVernentAct of 1990.” 

Data 

*(Star print) 

~.–... 

.-

I 

.,.4 

nl- 

Of 

nd 

de 

.ch 

ke 

la 

by 

}nnd 

02 

m- 

im. 

25 

(1) ISSUANCE OF FINAL RuLE.—The Secretary 

shall, within nine months after the date of enactment 

of this Act, issue a final rule establishingprocedures to 

ensure the proper and timely correction of commercial 

motor vehicle safety violations noted during inspections 

funded with moneys authorized under section 404 of 

the Surface Transportation Assistance Act of 1982 (49 

App. U.S.C. 2304) to carry out the Motor Carrier 

Safety Assistance Program. 

(2) VERIFICATION PRoGRAM.—Such final rule 

shall establish a verification program, including all 

States participating in the Motor Carrier Safety Assistance 

Program, to ensure that commercial motor vehicles 

and operators thereof found in violation of safety 

requirements have subsequently been brought into compliance 

with such safety requirements. 

The final rule 

shall, among other things, institute— 

(A) a nationwide system for random reinspection 

of the commercial motor vehicles and operators 

thereof that have been declared out-ofservice 

as a result of such safety violations, the 

main purpose of which system shall be to 

that the violations have been corrected 

timely basis; 

verify 

on a

$TMENT 

1 

3 

“CHAPTER 1O—EXCHANGE OF STATISTICAL 

$) 

ESTABLISHMENT LIST INFORMATION 

l’rade 

ded bY 

the ‘,’ 

eof ‘;’; 

:3 

4 

5 

6 

“SEC.401. EXCHANGEANDUSEOFLISTINFORMATION. 

“(a) The Bureau of Economic Analysis and the Bureau 

of the Census shall exchange and use statistical establishment 

list information as defined in section 402 as the Secre- 

the ~. 

nation 

Interja 

colwhich 

7 

8 

9 

10 

11 

12 

tary determines is appropriate to augment and improve the 

quality of international data collectedunder the International 

Investment and Trade in Services Survey Act (22 U.S.C?. 

3101 et seq.)— 

“(1) List information provided to the Bureau of 

Economic Analysis shall be only those data collected 

i 

y and 

t and 

13 

14 

directly from respondents by the Bureau of the Census 

under the authority granted to the Secretary by this 

;-. 

:NSUS 

DIM- 

3NAL 

3NAL 

tVEY 

15 

16 

17 

18 

19 

20 

title. 

“(2) The Director of the Bureau requesting list information 

shall make the request in writing, and shall 

certify that the list shall be used only for statistical activities 

performed pursuant to statutory authority. 

“(b) Notwithstanding any other provision of law, list in- 

ding 

* 

21 

22 

23 

formation shall not be published or used in a way, except as 

authorized by this chapter, whereby any particular establishment 

or enterprise can be identified. Each Bureau shall es- 

i 

1 

24 

25 

tablish and maintain adequate administrative, technical, and 

physical safeguards to ensure the integrity, confidentiality, 

26 

and security of the list information. 

S 25161S1S 

—.—.———. . .. ..———- — 

-

4 

1 

2 

3 

4 

“SEC.402. DEFINITION OF STATISTICAL ESTABLISHMENT LIST 

INFORMATION AND CONTENT. 

“(a) DEFINITION.—For purposes of this chapter, stati~. 

tical establishment list information (“list information”) shall 

5 

consist of data for any type of economic tit 

within the scope 

,., 

.’ 

.,.’ 

-. 

.. ... 

,, 

,! 

-., 

... 

6 

7 

8 

9 

10 

11 

12 

\ 

13 

14 

15 

16 

17 

18 

19 

20 

22 

23 

24 

of the Standard Industrial Classification(SIC) that are maintained 

for statistical activities performed pursuant to statutOry 

authority. 

“(b) CONTENTOF LIST fiFoRMATION.-List illfOrmation 

shall include the establishment and company name and 

address, the form of company organization, SIC code, company 

and establishment identifying numbers, and related 

businessactivity levels and operational codes. 

“SEC. 403. SANCTIONS, PENALTIESAND IMMUNITYFROM 

PROCESSFORPURPOSESOFTHISCHAPTER. 

“(a) Whoever, being in possession of exchanged list information, 

disclosesthe list informationin any form exceptas 

specified‘inthis chapter shall be fined not more than $25,000 

or imprisonednot more than fiveyears, or both. 

“(b) Whoever procures, by fraud, misrepresentation, or 

other unlawful act, access to exchanged list informationshall 

be fined not more than $25,000 or imprisoned not more thfi 

fiveyears, or both. 

“(c) IMMUNITYFROMLEGALPROCESS:LIMITATIONS 

25 

ON Disclosure 

ANDUSE. (1) List information shall be 

26 

immune from legal process and shall not be used as evidence 

s ~~1~[s1s

INTLIST 

r, Statis. 

~“)shall 

~eSCope 

‘e mainstatutOtlfOl’mame 

and 

e, correlated 

FROM 

‘ER. 

list inceptas 

~5,000” 

1 

b] . 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

5 

or for any purpose in any Federal, State, or local government 

action, suit or other judicial or administrative proceeding 

except as necessary to enforce mandatory data collection requirements 

of agency surveys or the provisionsof subsections 

(a)and (b)of this section. 

“(2) List information shall not be disclosedpursuant to 

any Federal, State or local government law or regulation, 

includingthe Freedom of Information Act (5 U.S.C. 552).”. 

(b)CONFORMINGAMENDMENTS.— 

(1) The table of contents of title 13, United States 

Code, is amended by adding “chapter 10—Exchange 

of Statistical Establishment List Information”. 

(2) Section 9(a) of title 13, United States Code, is 

amended by striking the phrase “except as provided in 

section 8 of this title” and inserting in lieu thereof 

“except as provided in section 8 and chapter 10 of this 

title”. 

o 

on, or 

1shall 

~thari 

I’IONS 

tll be 

ience


-----No. 26 of 37----------------------- 

S. 2642 by EXON (D-NE) -- Grown in the United States Food Labeling Act of 1990 

Oficial Title (Caption): 

A bill entitled the “Grown in the United States Food Labeling Act of 1990”. 








Abstract 


Provides for the establishment of the Grown in the United States Food Labeling 

Program and a report regarding Federal country of origin food labeling requirements. 

Digest 


Grown in the United States Food Labeling Act of 1990- Directs the Secretary 

of Agriculture and the Commissioner of the Food and Drug Administration to issue 

regulations which will establish the Grown in the United States Food Labeling 

Program. 

Prohibits any food product which contains a significant amount of imported 

ingredients from participating in the Program. 

Directs the Secretary and the Commissioner to issue a report regarding the 

adequacy of Federal country of origin food labeling requirements and recommending 

improvements to the Congress.

1“., 

II 

1(.)lSTCONGRESS 

ZDSESSIONS.2642 

Entitledthe “Grownin theUnitedStatesFoodLabelingAct of 1990”. 


MAY 16 (legislativeday, APRIL 18), 1990 

EXON (for himselfand Mr. DASCHLE)introducedthe followingbill; which 

was read twice and referredto the Committeeon Agriculture,Nutrition,and 

Forestry 

A BILL 

Entitled the “Grown in the United States Food Labeling Act of 

1990”. 

1 

2 

3 

4 

5 

6 

7 

8 

Be it enactedby the Senate and House of Representa- 

the UnitedStates of Americain Congressassembled, 

tivesof 

SECTION1. That this Act may be cited as the “Grown 

in the United States Food Labeling Act of 1990”. 

SEC. z. The Secretary of Agriculture and the Commissioner 

of the Food and Drug Administration shall within six 

months of the date of enactment of this Act issue regulations 

which will establish a program known as the “Grown in the 

9 

United States Food Labeling Program”. 

The re~lations 

10 

-. -..— .—— 

—. 

shall define conditions under which food producers, proces- 

——-

1 sors, and sellers may label food products 

2 

as “Grown 

in the 

2 United States” or label food products as “Made of Ingredi- 

3 ents Grown in the United States”. Any food product which 

4 contains a significant amount of imported ingredients shall 

5 not be permitted to participate in the Grown in the United 

6 States Food Labeling Program. 

7 SEC. 3. The Secretary of Agriculture and the Commis- 

8 sioner of the Food and Drug Administration shall conduct a 

9 comprehensive review of all existing Federal country of 

10 Otigin food labeling requirements and within six months of 

11 the date of enactment of this Act shall issue a report which 

12 analyses the adequacy of current Federal country of origin 

13 food labeling requirements and makes recommendations to 

14 the Congress to improve country of origin information avail- 

15 able to American consumers. 

o


-----No. 27 of 37----------------------- 

S. 2745 by EXON (D-NE) -- Amtrak Reauthorization and Improvement Act of 1990 


A bill to amend the Rail Passenger Service Act to authorize appropriations for the 

National Railroad Passenger Corporation, and for other purposes. 








Remarks by ROBB (D-VA) in “Congressional Record” (CR Page S-8046) 

Abstract 


Amends the Rail Passenger Service Act to authorize appropriations for the 

National Railroad Passenger Corporation (Amtrak). 

Digest 


Amtrak Reauthorization and Improvement Act of 1990- Amends the Rail 

Passenger Service Act to authorize appropriations through FY 1992 for the National 

Railroad Passenger Corporation (Amtrak). 

Limits the liability for certain rail accidents occurring in the District of Columbia 

to no more than the limits of coverage maintained by a publicly funded commuter 

transportation authority established under Virginia law to indemnify Amtrak or any 

railroad over which the authority conducts its operations. 

Authorizes the use of proceeds from the sale of railroad lines that were acquired 

and rehabilitated with funds under the Rail Safety and Service Improvement Act of 

1982 for similar purposes with respect to railroad lines connected with such a line for 

the purpose of continued rail service on them. 

Requires Amtrak to cooperate with the efforts of the Washington State 

Department of Transportation in designing a study of the feasibility of reestablishing 

rail service between Seattle, Washington, and Vancouver, British Columbia. 

Directs Amtrak to study and report to the Congress on the revenue and cost 

implications of separating the California Zephyr-Desert Wind-Pioneer train into two 

service routes serving a southern and a control route through Iowa.


Prohibits the compensation of any rail or motor carrier employee who works in 

more than one State from being subject to State income taxes in any State but the 

State in which the employee resides. 

Amends the Railroad Unemployment Insurance Act to treat Amtrak as a publicly 

funded rail carrier with respect to its contribution toward employees’ unemployment 

compensation benefits. 

Directs the Secretary of Transportation to study and report to the Congress on 

the potential need among Class II and Class Ill railroads for Federal guarantees of 

obligations for funding rehabilitation and improvement of facilities and equipment, 

acquisition of new railroad facilities, or refinancing of existing debt. 

Directs Amtrak to report to the Congress on its plan to eliminate its need for 

Federal operating support by the year 2000. 

Requires Amtrak to study the economic feasibility of providing new service to 

areas not served by it as of the enactment of this Act.

- . 

101ST 

CONGRESS 

~DSESSIONS.2745 

TOamendthe Ray PassengerServiceActto authorizeappropriationsfor the 

NationalRailroadPa:sengerCorporation,andforotherpurposes. . 

C.; 

.... 

,&-:: 

::! 

,.- 

,>., 

,.* ,, 

,, ,, 

f. 

,. 

$! .. 

m THE SENATE OF THE UNITED STATES 

>. 

.,. 

,.) 

~., 

JUNE14 (legislativeday,JUNE11),1990 

gj 

jlr.EXON(forhimself,w. ROBB,Mr.LAUTENBER~, andMr.SIMON) introduced 

.. 

i:1 

thefollowingbill;whichwasread twiceand referredto the Committeeon 

..-{ 

.. -1 

Commerce, Science,andTransportation 

. 

“$.: .;=.’ ?* 

,. .. d ,, 

~~j 

A BILL 

To amend the Rail Passenger Service Act to authorize appro- 

‘,.! 

‘“I 

priations for the National Railroad Passenger Corporation, 

.,.L 

iI 

and for other purposes. 

.> >“j 

{ 

. -. 

,., ./ 


:! -’/ 

2 tivesof the UnitedStatesof America in Congressassembled, 

“1; 

3 SECTION1.SHORT TITLE. —. ——.% 

4 This Act may be cited as the “Amtrak 

5 and Improvement Act of 1990”. 

Reauthorization 

.. , : ., ~ 

. 

,. 

..,, 

,!, 

}.1 

6 SEC.2.AUTHORIZATION OF APPROPRIATIONS. ,. . 

.! 

,. ~.i ;., 

7 Section 601(b)(2)of the Rail Passenger Service Act (45 

f 

.

1 

2 

3 

4 

5 

6 

m); 

2 

(1) by striking “and” at the end of subnar~,~ 

(2) by striking the period’at the end of’” 

graph (E) and inserting in lieu thereof ~kse~:ol~~; 

.. 

(3) by ~d~g at tie end thereof the’follo~g: 

“~ not to exceed. $630,000,000 for t 

7 

8 

year 


< .,.- :! ~“.,,.-: 

i~“ : “;“:‘“$ ‘““5’7.’? 

“(G) not to exceed $656,000;000 for’ the*ti~ 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

year 

year 

“(H) not to exceed $684,000,000 for ‘.tie~~i~ 

.~ 

ending September .. ..-.—--- 30, 1991; -. ..—.,. and 

-.;& 

“(I) not to exceed $712,000,000 for the fi~ 

..?! 

year ending September 30, 1992.”. 

+4 

d~, 

SEC.3.INCENTIVESFORPASSENGERSERVICEAGREEMEN 

.*,g 

Title VIII of the Rail Passen~er”Se~ce Act (45 ~.S.C~ 

642 et seq.) is amended by adding at the end thereof t 

followingnew section: ‘ ‘“ “’””” ‘“ ‘ ‘ ““i ~ 

.-. . . .. 

“SEC.810.INCENTIVESFOR”PASSENGERSERtiCE‘“’~Gfti 

.:., 

, >-l 

“(a) Notwithstanding any other protision 

stances where a publiclyfunded cotiuter 

thority established under Vir@a 

Oflaw, in i 

“$F% 

,, . . 

trabs~”ortaiio~ ~U: 

law contracts to indem, 

the ~orporatlon tor liabilityfor operations conducted by or ~ 

,- ., 

behalf of the publiclyfundedcbtiiier’ tr&SPo~~ation~Uih~ 

‘- 

ity or to indemnify a railroad over whose tracks such operO~ 

.,. 

—-----.- 

S2745IS 

.~—- .—–

3 

1 ations are conducted,liabilityfor all claims,whether for compensatory 

or pmitive damages, arising from any accident or 

~ 

3 incident occurring in the District of Columbia against the 

4 

j 

Corporation or the publicly funded commuter transportation 

authority in connection with operations conducted by ‘or on 

6 behalf of such publicly funded commuter trarisportation authority, 

7 

8 

9 

or against a railroad over whose tracks such op~r- 

ations were conductedat the time of the accident or incident, 

shallnot be in an amount greater than the limits of the liability 

coverage maintained by the publicly funded comniuter 

10 

11 transportation authority to indemnify the Corporation or the 

12 railroad. In no event shall the publicly funded commuter 

13 transportation authority maintain an aggregate limit of liability 

coverage less than $200,000,000. 14 

m ~~~“ i ‘“‘“ 

““{ 

.1 

I 

., 

,.; 

1 

:“1 

I-i 

--------- 

15 

17 

18 

19 law to provide access for revenue 

20 

21 

22 

23 

24 

25 

“(b) Subsection (a) shall not be effectiveunless the Cor- 

16 poration or a railroad seeking coverage hereunder has entered 

into an operating agreement with a publicly funded 

commutertransportation authority 

connection with the operations of 

muter transportation authority.”. 

establishedunder Virginia 

----—— . . ,=. ! 

service to lts property ‘k 

I 

the publicly funded com- 

.. ,, “ 

SEC.4. AUTHORIZATION TO USE FTJNDSFOR SIMIW 

POSES. 

,.. 

PUR- 

. . . .. ~, 

Proceeds from the sale of all or part of the railroad line 

for which funds were provided, for acquisitionand rehabilita- 

I 

I 

-1 ,1 

-..

?l .;. 

4 . 

I 

tion, under section 511 of the Rail Safety and fiervic 

2 provement Act of 1982 may be used f@rs~~ P 

3 with respect to any railroad line connecting with su 

4 for the purpose ofcontinued rail service on suchlines. ‘“.> 

5 SEC.5.COOPERA’i’ION WITHs~y. “ ~~~ ~i' 

.~, 

6 The National Railroad Passenger Corporation shall CO+r~;{ 

..-.,. ., 

-i 

7 operate with the efforts of the Washington state Departmeu$+:: 

. ~, 

8 of Transportation in designingand c-g out a study of&e““*; 

.. 

1 

2 

SEC. 7.RESIDENCEOFEMPLOYEES. .. 

5 

(a) Section l1504(a) of title 49, United States Code, is 

. . ., ,, 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

amendedto read as follows: .; : 

“(a) No part of the compensationpaid by a rail 

providing transportation subject to the jurisdiction 

carrier 

of the 

Commissionunder subchapter I of chapter 105 of 

!. 

this title to 

an employeewho performs regularly assigned duties as such 

., . 

an employee on a railroad in more than one State shall be 

subject to the income tax laws of any State or 

that State, other than the State or subdivisionthereof,of the 

f;. 

employee’sresidence.”. 

,., .,..:- 

. 

(b) Section l1504(b) of title 49, United States Code, is 

:. ,: 

amendedto read as follows: 

“(b)(l) No part of the 

subdivisionof 

compensation paid by a motor 

carrier providing transportation subject to the jurisdiction of 

.’ 

the Commissionunder subchapter H 

title or by a motor private carrier to 

,., 

forms regularly assigned duties in two 

of chapter 105 of this 

an employee who peror 

more States as such 

an employeewith respect to a motor vehicle sh~ll be subject 

.. .. . .- 

to the income tax laws of any State or subdivision.. 

of that 

State, other than the State or subdivisionthereof of the employee’sresidence. 

~, 

“(2) In this subsection ‘employee’ has the meaning 

given such term in section 204 of the 

Act of 1984 (49 App. U.S.C. 2503).”. 

Motor Carrier Safety 

. 

..._...- 

s 2745Is 

, 

—

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

(c) Section 

amended— 

6 

-. 

l1504(d) of title ’49; U~ted Sta/es 60/e, ~ “’” 

,. .. 

! +. ~ ,.., .;,., # ‘, . .—., ‘g: ; 

%& 

., 

:.:... 

.–L. 

, : ~ ‘~;ijWJ~:$l~”; 

(1) by striking “express, sleeping car,”, an .,,. .,.,.., 

,. ,~ “ 

;..,:...:. 

. . ! ,. , ,.’ 

...~.:’:,;::;.j ,. 

SEC. 8.RAILROADUNEMPLOYMENT INSURANCEACTAMEND:,~; 

.,s,-.”-. 

‘ ;“$ !T,9 ~.jq r~.:;:, 

serting “the National Railroad Passenger’ Cofioratlon tid’(,~’:, 

:.”.- 1 ., .~~. 

immediately after “the contribution of” ~ the”&st’s~itenc~~~~~: 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

(b) The amendment made by subsection (a)’”s~allbe e~{,~,: 

. . ,) 

.“j : ‘- : ‘ ;.:,.,~”@:: 

fective as of January 1, 1989. ~ -‘“ 

.:;&....,= 

.,,,:q,p& 

.. ., 

w ~ 

(. ..,. 

, , , # . , .L‘i:ji;~~ ,,& 

SEC.9.STUDYOFLOANGUARANTEE NEEDS. “’ ““ ‘“’’’ ’’,-~~ 

The Secretary of,Transportation, & c 

*., ) . 

the Administrator of the Federal Railroad 

.,..,. 

shall study and survey the present and p 

demand arnon~ class 11 an~-class ‘~ ‘“r iallroails ...—— .——— ““-’’’;%:ferflrfl for —-— 

0 

,. ‘ 

guarantees of obligations as provided for by s~ction 

.>~jj1?$.Ẏ 511 o,; 

. .,,.- .. A .:{~:~.: “ 

the Railroad Revitalization and ie~ato~ R~form Act fo-A 

-.*Y 

..i?-.r{>~fl;~ 

1976 (45 U.S.C. 831). Such study and s&6y’~ha~ ex-e 

,:~~J “’~~ 

the present and potential need and demand for such gUN~;:g 

, :%>-T& “:$4 

tees to fund rehabilitation and improvement if’ facilities or; 

,. }. ●. ,5 & 

equipment, — acquisitionof new railroad facilities, and ~eb@C-~ 

p~;g 

—----------- 

- .. - 

S 2745IS ‘2 

——.—...——.-...~

a 

1 

2 

3 

4 

5 

ing of existing debt. The Secretary of Transportation shall 

report to Congress no later than 90 days followingthe date 

of the enactment of this Act the results of such study and 

survey. Such report shall include an analysis of the present 1’ 

and potential need and demand for Federal guarantees of 

6 

7 

8 

9 

10 

11 

12 

class H and class ~ railroad debt, the amount of guarantee 

authority required to meet that need, and a projection of 

demand for such Federal guarantees through fiscal year 

1995. 

SEC. 10.REPORT ON PLAN FOR ELIMINATING FEDERAL SUP- 

PORT NEED. 

The National Railroad Passenger Corporation shall 

.( .: 

., 

I 

‘1 

13 

14 

15 

report to Congress by June 1, 1991, on its plan to eliminate 

its need for Federal operating support by the year 2000. The 

report shouldinclude a discussionof the actions that couldbe 

--------.,- 

16 

17 

18 

19 

20 

21 

22 

23 

24 

taken to enhance revenues, to control costs, and to improve 

productivity and efficiencyof operations, as well as an estimate 

of the capital investment needed to take such actions. 

————— - 

SEC.11.STUDYOFNEWSERVICE. 

The National Railroad Passenger Corporation shall 

study the economic feasibility of providing new service, if 

such service will have the potential of covering the operating 

costs associated with such service, to areas not served by the 

Corporation as of the date of enactment of this Act. Within 

I 

-= 

.1 

I 

S 2745IS 

e

- 

i 

1 * / 

1 8 

\~ 1 two years after such date of enactment, the Corporation shall 

) !. 

2 report to Congresson the results of that study. 

[ ~~~Œ 

‘. 

:$., 

0 

i ~’ 

I ~~•Œ 

.i , . 

: 

‘—----------- 

,, , ,’ 

. ,. 

: , ,. 

,. 

:: ,.. 

\ ,, . 

.,,; “t 

“ , : 

, 

.. .. 

. 

,.. 

. . 

,. .. ; 

I 

S 2745IS 

. . .


-----No.28 of 37----------------------- 

S. 2828 by EXON (D-NE) -- Joe the l’vlagpieAct of 1990 


A bill entitled the “Joe the Magpie Act of 1990”. 








Abstract 


Requires the U.S. Fish and Wildlife Service to return the magpie (known as 

Joe) confiscated from its home at the residence of certain individuals in Red Cloud, 

Nebraska. Grants a special purpose permit to such individuals to possess and protect 

the magpie. 


11 

. ~ ( ‘OS( iI{Ess 

S.2828 

Entitled“Joe the MagpieAct of 1990”. 

SENATE OF THE ~TED 

STATES 

JUNE 28 (legislatilreday, JUNE 11), 1990 

t[l t:X(JS{for himself andMr.KEERE~-) introduced thefollowing bill; 

[iiit!(’ tl[]dreferredto the Committeeon Environmentand PublicWorks 

.,,t,~ 

which was 

A BILL 

Entitled “Joe the Magpie Act of 1990”. 

I 

Be it enactedby the Senate and House of Representaz 

/il’c,sof [he UnitedStatesof America in Congressassembled, 

~ ‘1’l):~t this Act may be cited as the “Joe the Magpie Act of 

I 1!)$)()”. 

,-) SEC. 2. The United States Fish and Wildlife Service 

~~sl~:~llreturn the magpie, known as “Joe”, 

co~iscated On 

~ ?J[lne11, 1990, t. its home at the residence of Bill and ~- 

< {IrcdPeterson of Red Cloud, Nebraska. 

!~ SEC. 3. Bill and Mil&ed Peterson of Red Cloud, ~e- 

.. 

.?.. , 

“.>

2 

1 SEC. 4. The activities of Bill and Mildred Peterson~,, 

2 Iatedto thecare, feeding, or possessionof the magpieknOl\: 

3 as “Joe” shall be considered “important research” un~,. 

4 section 21.27 of title 50, Code of Federal Regulations. 

5 SEC.5. Bill and MildredPeterson shall not be subjectI, 

6 any penalties, fines, or punishment related to the care, f[ili 

7 ing, or possessionof the magpie known as “Joe”. 

o


-----No. 29 of 37----------------------- 

S. 2894 by EXON (D-NE) -- Appropriations for the West North Central Highway 

System, Authorization 


A bill to authorize appropriations for the West North Central highway system 

serving the West North Central region, and for other purposes. 

Introduced on Tuesday, July 24, 1990 








Abstract 

(from Congressional Research Sewice, Library of Congress) 

Authorizes appropriations for the West North Central region highway system. 

Digest 


Authorizes appropriations for FY 1992 for the West North Central region 

highway system. Limits Federal assistance to any construction project under such 

system to 80 percent of project costs. 

Directs the Secretary of Transportation to apportion authorized funds to each 

State of the West North Central region (Nebraska, lowa, Minnesota, South Dakota, 

North Dakota, Missouri, and Kansas) on the basis of its percentage of the total 

estimated project costs for all such States. 

Directs such States to develop and submit to the Secretary a list of the 

estimated project costs.

H 

To authorizeappropriationsfor the West North Centralhighwaysystemserving 

the West North Centralregionand for otherpurposes. 

IN THE SENATE OF T~ ~TED STATES 

JULY 24 (legislati\’eday,JULY 10), 1990 

Mr.EXON(forhimselfand Mr. KERREY)introduced the followingbill; which was 

read twice and referred to the Committee on Environment and Public Works 

To 

1 

2 

3 

4 

5 

6 

7 

8 

A BILL 

authorize appropriations for the West North Central highway 

system serving the West North Central region and for 

other purposes. 

Be it enactedby the Senate and House of Representatives 

of the UnitedStatesof America in Congressassembled, 

That (a) notwithstanding any other protision of law, the Secretary 

of Transportation is authorized to assist in the construction, 

resurfacing, restoring, rehabilitating, and reconstructing 

of the highway and bridge system and local access 

roads and bridges serving the States of the West North Central 

region. 

... 

9 

(b)(l) There are authorized to be appropriated 

to the 

10 

Secretary of Transportation to carry out this section out of

-.—.. 

“-~ 

F 

1 

2 

3 

4 

5 

6 

7 

8 

2 

the Highway Account of the Highway Trust Fund (established 

by section 9503(a) of the Internal Revenue Code of 

1986) $660,000,()()0for fiscalyear 1992. 

(2) Funds appropriated pursuant to paragraph (1) are 

authorized to remain availableuntil expended. 

(c) Obligation limitations for Federal-aid highway and 

highway safety construction programs shall not apply to obligations 

made under this section, except where the provision 

1 func 

2 on i 

3 Hig 

4 

5 

6 

7 

8 

9 

10 

of law establishing the limitation specifically’amends or limits 

the applicabilityof this paragraph. 

11 (d) Federal assistance to any construction project under 

12 this section shall not exceed 80 percent of the costs of such 

13 project. 

9 

10 ~ 

11 

12 shall 

13 toth[ 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

(e)(1) The Secretary of Transportation shall apportion 

funds made available under ttis section to each state of the 

West North Central region on the basis of a percentage equal 

to the percentage that that State’s estimated project, costs 

bear to the total estimated project costs for all States of th(’ 

West North Central region. 

(2) The states of the West North Central re~on sh~l] 

cooperatively develop and jointly submit t. the secretar~’ Of 

Transportation a list of the estimated project 

as of September 30, 1990. 

costs, ca]CU]ated 

(3) h determining the list of estimated project costs, 

each State shall be allocated a share of such costs to he 

L 

14 and 1 

15 requi]

I 

3 

funded by Federal assistance authorized by this sectionbased 

on its historical ratio of Federal-aid apportionments from the 

Highway Account of the Highway Trust Fund. 

(f)For purposes of this section— 

(1) the term “West North Central region” shall 

mean the States of Nebraska, Iowa, Minnesota, South 

Dakota, North Dakota, Missouri, and Kansas; and 

(2) the term “estimated project costs” means the 

costs of highway projects for which Federal assistance 

is authorized by this section. 

.... 

I 

SEC. 2. Projects eligible for assistance Lrider section 1 

shall also be eligiblefor funds available under aws applicable 

to the construction and maintenance of Federal-aid highways 

and bridges and be subject to the same terms and conditions 

requiredby such laws. 

o


-----No. 30 of 37----------------------- 

S. 2926 by EXON (D-NE) -- Feasibility Study of Expressway Between Scottsbluff, 

Nebraska, and Rapid City, South Dakota, Provision 


A bill to require a feasibility study of a proposed four-lane expressway between 

Scottsbluff, Nebraska, and Rapid City, South Dakota, 

Introduced on Thursday, July 26, 1990 







Abstract 


Directs the Secretary of Transportation to study and report to the Congress on 

the feasibility of constructing a four-lane expressway linking Scottsbluti, Nebraska, 

and Rapid City, South Dakota. 

Digest 


Directs the Secretaty of Transportation to study and report to the Congress on 

the feasibility of constructing a four-lane expressway linking Scottsbluff, Nebraska, 

and Rapid City, South Dakota. Limits the Federal contribution to such study to 80 

percent of the cost. Authorizes appropriations.

,,,l~T CONGRESS 

~,sEssIoN S.2926 

II 

I 

( 

T{)requirea feasibilitystudyof a proposedfour-laneexpresswaybetween 

Scottsbluff,Nebraska,and RapidCity,SouthDakota. 

r~ THE SENATE OF THE UNITED STATES 

JULY 26 (legislativeday, JULY 10), 1990 

\fr. I+:XON(forhimself?Mr. KEEEEY~Mr. DASCHLEJand ~“ PRESSLEE) introdu~,edthe 

followingbill;whichwas read twiceand referredto the Committee 

onEnvironmentand PublicWorks 

A BILL 

‘I’()requirea feasibilitystudy of a proposed 

l)et~~eenScottsbluff,Nebraska, and Rapid 

four-lane expressway 

City, South Dakota. 


2 tiues of the UnitedStatesof Americain Congressassembled, 

;; That (a) the Secretary of Transportation, in cooperationwith 

4 the States of Nebraska and South Dakota, shall conduct a 

5 “corridor” study to determine the feasibilityof constructing a 

(; four-lane expressway l~ing Scottsbluff, Nebraska, ~d 

T Rapid City, South Dakota, to enable complete four-lane 

8 highwaytravel between Interstate 80 and interstate 90. 

9 b) The Secretary of Transportation shall pay no more 

10 than 80 percent of the cost of the study required ~der sub- 

*. — —

1 

2 

1.< .::. 

2*: 

2 

.*; ..*!. 

.&A, 

section (a,).The States of Nebraska and South Dakota jointly 

shall pay no more than 20 percent of the cost of such study,‘ 

3 

4 

5 

6 

7 

and such payments may be made with State or local governmentor 

private funds. 

(c) By no later than 1 year after the date of enactment 

of this Act, the Secretary shall transmit to the Congressa 

report on the results of the study conducted under subsection 

1{)1ST C’ 

.)~~ 

8 

9 

10 

(a). 

,: A.. 

.* 

(d) There are authorized to be appropriated out of th~ 

Highway Trust Fund (other than the Mass Transit Account) 

11 $800,000 to carry out the provisionsof this section. 

o 

. . 

II 

Sir. I{IF;( 

I)ort 

(’:lle 

----- 

;. 

; .,,:, 

To ar 

1, 

? til 

.,., 

- 

: 

.:.,,. 

>,*.. - 

..--. :. 

..-. 

., .,’> 

I 

8


----No. 31 of 37----------------------- 

S. 2933 by EXON (D-NE) -- Negotiated Rates Equity Act of 1990 


A bill to amend Title 49, United States Code, regarding the collection of 

overpayments of undercharges on shipments via motor common carriers of property 

and nonhousehold goods freight forwarders, and for other purposes. 

Introduced on Friday, July 27, 1990 











(S.Rept. 101-448) 


Abstract 


Amends Federal transportation law relating to the collection of overpayments or 

undercharges on shipments via motor common carriers of property. 

Digest 


08/30/90 (Reported to Senate from the Committee on Commerce, Science, and 

Transportation with amendment, S. Rept. 101-448 ) Negotiated Rates Equity Act of 

1990- Amends Federal transportation law to authorize the Interstate Commerce 

Commission (ICC) to find that it would be an unreasonable practice for a motor 

common carrier (except household goods motor carriers) to collect tariff rates or 

charges in addition to those originally billed and collected, or to impose rules or 

classifications permitting such collection. 

Shortens the statute of limitations for the filing of claims: (1) by a motor common 

carrier for recovety of transportation or service charges; and (2) by a person to


recover overcharges by a motor carrier. Decreases the limitation period for both kinds 

of claims from 36 months to: (1) 24 months for claim accruals during the year 

following enactment on this Act; and (2) 18 months for claim accruals on or after one 

year following enactment. 

Permits motor carriers and shippers to resolve by mutual consent, subject to 

Commission review and approval, any overcharge and undercharge claims resulting 

from billing errors or incorrect tariff provisions arising from the inadvertent failure to 

properly and timely file and maintain agreed upon rates, rules, or classifications. 

Authorizes States to waive commercial drivers’ license requirements under the 

Commercial Motor Vehicle Safety Act of 1986 for vehicles used to transport farm 

supplies from retail dealers to or from a farm, and vehicles used for custom 

harvesting, whether or not such vehicles are controlled and operated by a farmer.

101ST 

~DsEssIoN 

CONGRESS 

S.2933 

T,, . . 

!lInendtitle 49, Ufited States Code,regardingthe collectionofoverpayments 

Ofunderchargeson stipments via motor commoncarriers of propertyand 

nonhousehold goodsfreightforwarders, andforotherpurposes. 

Jlr, 

m THE SENATE OF THE ~TED STATES 

JULY27(legislative day,JULY10),1990 

EXON(for himse~, MI’.KASTEN,and Mr.BURNS) introduced thefollowing 

bill;whichWasreadttice andreferredtotheCommittee onCommerce, Science,andTransportation 

To 

1 

2 

3 

4 

5 

A BILL 

amend title 49, United States Code, regarding the collection 

of overpayments of undercharges on shipments via motor 

commoncarriers of property and norihouseholdgoods freight 

forwarders, and for other purposes. 


the United~tates of America in Congressassembled, 

SHORTTITLE 

SECTION1. ThisAct may be cited as the “~egotiated 

Rates Equity Act of 1990”. 

.

ATED 

~ Sta~~ 

kg new 

carriers, 

ected ~ 

common 

iction of 

~of th.ig 

le Conl- 

3 rates 

~ications 

~ationof 

uthority 

Lasbeen 

>rother 

person 

ponthe 

. to file 

sportae 

billed 

isadd.iytances 

~tes or 

‘- . . 

. . 

3 

charges h addition to those originally billed and collected, 

the reasonablenessof such practices shall be referred to ~d 

be determinedby the Commission~der its primary jurisdiction, 

the action shall be staYedpen~g 

that dete~ationl 

and relief may be granted as provided under paragraph (s) of 

this subsection. 

“~) Nothing in this subsection shall relieve the motor 

carrier of the duty to tie and adhere to its rates, rules, and 

classificationsas required ~ sections 10761 and 17062, but 

relief may be granted as authorized in subsection (a) of this 

section.”. 

STATUTEOFLIMITATIONS 

SEC. 3. (a) MOTOR CARRIER Om~Es.—Section 

l1706(a) of title 49, United States Code, is amended by 

strikingthe period at the end and inserting in lieu thereof the 

following:“; except that a common carrier providing transportation 

or service subject to the jurisdiction of the Commissionunder 

subchapter It of chapter 105 of this title— 

“(1) must begin, within 24 months after the claim 

accrues, a civil action to recover charges for such 

transportation or service if such transportation or service 

is provided by the carrier on or after the date of 

enactment of this exception and before the date that is 

1 year after such date of enactment; and 

“(2) must begin such a civil action within 18 

months after the claim accrues if such trans~ortation or 

L 

●S 2933 IS 

* 

I 

! 

I 

I

9 

& 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

PROCEDUREFORGRANTINGRELIEFFOR~GOTIATED 

TRANSPORTATION RATES 

i 

SEC. 2. Section l1705(b) of title 49, Utited s~~ 

Oode, is amended by adding at the end the followingneW 

paragraph: 

“(4)(A) Except as to household goods motor carriem, 

where tariff rates or charges are sought to be collected~ 

addition to those originally billed and collectedby a co~on 

carrier providing transportation subject to the jfisdiction of 

the Commissionunder subchapter II of chapter 105 of t~ 

title, or by a nonhouseholdgoods freight forwarder, the Commissionmay 

find the collection of such adtition~ tti 

rates 

and charges, or the impositionof tariff rules, or classifications 

relating thereto, to be an unreasonable practice in violatio:~f 

section 10701. The Commissionmay exercise this authority 

only in circumstanceswhere it finds that (i)a person has been 

offerednegotiated transportation rates with the carrier other 

than those legally on file with the Commission;(ii)the persori 

tendered freight to the carrier in reasonable reliance uponthe .-: .? 

negotiated transportation rates; (iii) the carrier fded to He ; ~.i 

with the Commissionthe tariff providing for such transporta- ‘~ ! 

tion rates; (iv)the negotiated transportation rates were billed.; 

and collectedby the carrier; and (v)the cader demandsd~tional 

payment of higher rates filed in tariffs. In 

I 

inst~ces 

where a civil action is brought to collect tariff rates or 

.S 2933IS 

- 

I

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

4 

service is provided by the carrier on or ~ter the ~ti 

that is 1 year after such date of enactment.”. 

(b) MOTOR CARRIER OVERCHARGES.— Section 

l1706@) is amended by striking the period at the end of the 

first sentence and inserting in lieu thereof the follo@: ‘~; 

except that a person must begin within 24 months after the 

claim accrues a civil action to recover overchuges from a 

carrier subject to the jurisdiction of the Commissionunder 

subchapterII of chapter 105 of this title for tr~sportation or 

service taking place on or after the date of the enactmentof 

this exception and before the date that is 1 year after such 

date of enactment, and for transportation or service taking 

place on or after the date that is 1 year followingsuch dateof 

enactment, a person must begin such a civil action within 18 

months after the claim accrues.”. 

16 

(c) CONFORMING hNDMENT.-SeCtiOn 

l1706(d) is 

17 

18 

19 

20 

21 

22 

23 

amended by striking “3-year period” in each place it appears 

and inserting in lieu thereof “limitations period”. 

TRAFFICRECONCILIATIONRULESFOR MOTORCOMMON, 

CARRIERSOF PROPERTY 

SEC. 4. (a) IN GENER&.— Ghapter II,T of title 49, 

ufited states Code, is amended by adding at the end the 

following new section: -. . 

.. 

●S 2933IS

, 

7 .~x. 

. 

‘dab 

~Ction 

jf the 

lg: “; 

!r the 

0~ a 

mder 

Onor 

nt of 

such 

tig 

,teof 

n 18 

1) is 

ears 

)N ,. 

49, 

the 

5 

~Jg11712.Tariff reconciliation rules for motor common 

carriersof property 

“(a)Subject to Commissionreview and approval, motor 

~3rrierssubject to the jurisdiction of the Commission~der 

subchapteru of chapter 105 of this title and shippers may 

resolve, by mutual consent, overcharge and undercharge 

claimsresulting from billing errors or incorrect tariff provisions 

arising from the inadvertent failure to properly and 

timelyfile and maintain agreed upon rates, rules, or classificationsin 

compliancewith sections 1076I and 10762 of this 

title. Resolution of such claims among the parties shall not 

subjectany party to the penalties of sections 11901, 11902, 

11903, 11904, and 11914 of this title. 

“~) ~othing in this section shall relieve the motor carrier 

of the duty to file and adhere to its rates, rules, and classificationsas 

required in sections 10761 and 10762, except as 

providedin subsection(a) of this section. 

“(c) The Commission shall, within 90 days after the 

date of enactment of this section, institute a proceeding to 

establishrules pursuant to which the tariff requirements of 

sections10761 and 10762 of this title shall not apply under 

circumstancesdescribed in subsection (a) of this section.”. 

b) COnfOrming AMENDMENT. —The 

analysis for 

chapter 117 of such title is amendedby adding at the end the 

following: 

4’11712.Tariffreconciliationrolesfor motorcommoncarriersofproperty.”. 

,., 

., 

.: 

●s 2933Is

1 

6 

EFFECTIVEDATE;APPLICABILITY ‘ “1 

2 

3 

4 

SEC. 5. (a) GENERALRULE.—Except 

subsection (b), the provisions of this 

amendmentsmade by this Act) shall take 

as provided~ 

5 

6 

7 

8 

9 

10 

11 

12 

13 

enactment of this Act. 

. 

(b) APPLICABILITYOF SECTION z.—The authority”~ 

the Commission under section 2 shall extend to all cl~ 

,- 

fi.led on or after, or pending as of, the date of enactment ’of 

this Act and to claims arising from transportation shipme~& 

I: 

tendered up to 18 months after such hte of en~tment, 

Unless congress 

determines a continuing need for section!; 

and enacts additional legislation, section 2 shall not apply # 

any claim arising from transportation shipments tenderedo; 

14 

15 

16 

or after the date 

enactment. 

that is 18 months following such date o~ . . 

(c) REPORT. —The Interstate 

Commerce Commission 

17 shall submit a report to Congress, within one year after th~ “.~ 

18 date of enactment of this Act, regarding whether there existi ,, T* 

19 a justification for extending the applicability of section 2 .. 

20 beyond the limitation period specifiedin subsection(b). ,: .,. 

21 

AGRICULTUREWAIVER 

,.:. 

22 

23 

SEC. 6. In addition to the authority which the Dep@” I(>... 

ment of Transportation has granted to States to waive aPPfi-’-. 

\ 

24 cation of the CommercialMotor Vehicle Safety Act of 1986 

..: 

. .. 

I’A 

25 (49 App. U.S.C. 2701 et seq.) with respect to farm vehicles ,:~ .— 

26 contained in volume 53, pages 37313–37316, of the Feder~ .” -.+ 

●s 2933Is 

-7 

----... 

L

Y 

-,. 

“. 

~“ “-L., 

as provided ~ 

(including ~8 

ton the &~ of 

le authority of 

1 to all c]* 

1 Register (September 26, 1988), such States may extend such 

-.) 

tvaivers to vehicles 

;{ retail dealers to or 

4 custom harvesting, 

whether or not such vehicles are con- 

,; trolled and operated 1bya farmer. 

7 

used to transport farm supplies from 

from a farm, and to vehicles used for 

o 

f enactment of 

tion Shipmenh 

of enactment. 

~for Section2 

11not applyto 

;Stendered OD 

such date of 

~ Commission 

Tearafter the 

r there exists 

of section 2 

on (b). 

., 

,. 

,< 

the Depart- ;. 

waive app~- 

Act of 1986 

the Feder~ 

●s 2933Is


-----No,32 of 37----------------------- 

S. 2936 by EXON (D-NE) -- Hazardous Materials Transportation Uniform Safety 

Act of 1990 (Pub. L. 101-615, approved 11/16/90) 


A bill to amend the Hazardous Materials Transportation Act to authorize 

appropriations for fiscal years 1990, 1991, and 1992, and for other purposes. 

Introduced on Monday, July 30, 1990 







Ordered reported, as amended, by Senate Committee on Commerce, Science, 




(S.Rept. 101-449) 


Parts of a different measure incorporated into this measure (S. 819) 


Ordered printing of amendment(s) by EXON (D-NE) establishing a requirement 

for a study comparing the safety of using dedicated trains for 

transporting high-level radioactive waste and spent nuclear fuel with 

the safety of using alternative methods of rail transportation 

(Amendment 3122, CR Page S-16843) 

Motion by LEAHY (D-VT) to consider (or proceed with consideration) 

No objection to request for unanimous consent by LEAHY (D-VT) 


‘ Consideration of committee amendment(s) (CR Page S-16861) 

Amendment offered by EXON (D-NE) establishing a requirement for a study 

comparing the safety of using dedicated trains for transporting 

high-level radioactive waste and spent nuclear fuel with the safety of 

using alternative methods of rail transportation (Amendment 3122, 


Agreed to amendment by EXON (D-NE) (by Voice Vote) No. 3122











Motion by LUKEN, THOMAS (D-OH) to consider (or proceed with consideration) 

No objection to request for unanimous consent by LUKEN, THOMAS (D-OH) 


Amendment offered by LUKEN, THOMAS (D-OH) in the nature of a substitute (CR 

Page H-13653) 

Agreed to amendment by LUKEN, THOMAS (D-OH) (by Voice Vote) in the nature 

of a substitute 





H.R. 2549) 



Motion by GRAHAM, BOB (D-FL) to agree to House amendment(s) 

Agreed to motion by GRAHAM, BOB (D-FL) (by Voice Vote) 



Remarks by LAUTENBERG (D-NJ) in “Congressional Record” (CR Page S-18275) 








Became Public Law No. 101-615


Abstract 


Amends the Hazardous Materials Transportation Act to direct the Secretary of 

Transportation to issue regulations for the safe transportation of hazardous materials 

in domestic and foreign commerce. Sets forth other requirements regarding such 

transportation. 

Digest 


10/25/90 (Measure passed House, amended ) Hazardous Materials 

Transportation Uniform Safety Act of 1990- Amends the Hazardous Materials 

Transportation Act to direct the Secretary of Transportation to issue regulations for 

the safe transportation of hazardous materials in domestic and foreign commerce. 

Cites the area in which Federal regulations preempt State hazardous materials 

transportation requirements. 

Authorizes States and Indian tribes to establish and enforce specific highway 

routes (together with limitations and requirements) over which hazardous materials 

may and may not be transported in their respective jurisdictions. Requires the 

Secretary by regulation to establish standards for States and Indian tribes to use in 

establishing such routes, limitations, and requirements. Sets forth the general 

contents of such standards. 

Directs the Secretary to promulgate regulations for dispute resolution among the 

States or Indian tribes regarding hazardous materials highway route designations. 

Permits States or Indian tribes to petition for judicial review of the dispute resolution 

decision. 

Directs the Secretary to participate in international forums that establish or 

recommend mandatory standards and requirements in international commerce. 

Grants the Secretary discretion to either adopt or reject hazardous materials 

transportation standards adopted by international bodies according to the Secretary’s 

perception of the public interest. 

Prohibits a person from: (1) misrepresenting the presence or absence of 

hazardous materials in containers or packages that meet all applicable requirements; 

or (2) altering any required marking or packaging of hazardous materials. 

Requires a person who offers a hazardous material for transportation to provide 

the carrier with the appropriate shipping paper describing such material. 

Requires the Secretary to issue requirements for training to be given by all 

hazmat employers (transporters of hazardous materials) to hazmat employees 

regarding the safe loading, unloading, handling, storing, and transporting of 

hazardous materials and emergency preparedness for responding to accidents or 

incidents. 

Provides for: (1) filing of registration statements with the Secretary


by persons who transport hazardous materials; (2) the issuance of safety permits to 

motor carr~erswho transport specified hazardous materials; and (3) registration 

statement and safety permit fees. 

Increases the penalties for persons who commit violations in the transport of 

hazardous materials. 

Prescribes guidelines under which the preemption of State laws or Indian laws 

conflicting with this Act shall be determined. 

Authorizes appropriations for FY 1991 through 1993. 

Requires the Secretary to report to the Congress on a study comparing the 

safety of using trains operated exclusively for transporting high-level radioactive 

waste and spent nuclear fuel (dedicated trains) with the safety of using other methods 

of rail transportation for such purposes. Requires the Secretary to amend existing 

regulations as appropriate after taking into consideration the results of such study. 

Provides for the inspection and certification of vehicles used to transport 

highway route controlled quantity radioactive materials, including additional 

inspectors. 

Establishes a planning grant program for the Secretary to make grants to States 

for: (1) developing, improving, and implementing emergency plans under the 

Emergency Planning and Community Right-To-Know Act of 1986, including a 

determination of flow patterns of hazardous materials within and between States; and 

(2) determining the need for regional hazardous materials emergency response 

teams. 

Establishes a training grant program for the Secretary to make grants to States 

and Indian tribes for training public sector employees to respond to accidents and 

incidents involving hazardous materials. 

Sets forth compliance requirements for participation in both programs. 

Directs the Secretary to establish and collect fees to suppo~ such programs 

from persons required to file registration statements. Provides-for funding o~such 

grants for FY 1995 through 1998. 

Establishes a grant program for training hazmat employees, with funding for FY 

1993 through 1998. 

Restricts the use of a railroad tank car constructed before January 1, 1971, for 

the transportation of certain hazardous materials (including explosives and toxins) 

unless the air brake equipment support attachments of such tank car meet specified 

minimum standards. 

Requires Federal contractors involved with the transportation of hazardous 

materials, or the manufacture or handling of hazmat containers or packages, to 

comply with all pertinent Federal, State, and local laws. 

Directs the Secretary to contract for a study of the railroad tank car design 

process and design criteria, including whether specified measures should be 

implemented on such cars which transport hazardous materials. 

Requires a report to the Congress. 

Requires the Secretary to establish a working group comprised of State and


local government officials and other civic representatives to: (1) establish uniform 

forms and procedures for States that register persons who transport, cause to be 

transported, or ship a hazardous material, by motor vehicle; and (2) determine 

whether or not to limit the filing of any State registration forms and collection of fees 

to the State in which a person resides or has its principal place of business. Requires 

the working group to make a final report to specified congressional committees. 

Directs the Secretay to issue regulations implementing any regulations he or she 

agrees with. Authorizes appropriations for such group for FY 1991 through 1993. 

Amends the Motor Carrier Act of 1980 to authorize the Secretary to reduce the 

minimal level of financial responsibility ($5,000,000) of certain transporters of 

hazardous materials and for such transportation in specified territories if the reduction 

will not adversely affect public safety and will prevent a serious disruption in 

transportation service. 

Amends the Motor Carrier Safety Act of 1984 to allow any State which receives 

Federal financial assistance under the Surface Transportation Assistance Act of 1982 

to apply and enforce any regulations pertaining to commercial motor vehicle safety 

with respect to federally-leased commercial motor vehicles. 

Directs the Secretary to initiate a rulemaking proceeding in order to develop 

methods of improving the current system of identifying hazardous materials being 

transported in vehicles for safeguarding the health and safety of persons responding 

to emergencies involving such hazardous materials and the public. 

Requires the Secretary to arrange with the National Academy of Sciences a 

study of the feasibility and necessity of establishing a central reporting system and 

computerized telecommunications data center: (1) that is capable of receiving, 

storing, and retrieving data about all daily shipments of hazardous materials; (2) that 

can identify hazardous materials being transported by any mode of transportation; 

and (3) that can provide information to facilitate responses to accidents and incidents 

involving the transportation of hazardous materials. Authorizes appropriations. Sets 

forth reporting requirements. 

Requires the Secretary to initiate a rulemaking proceeding on the feasibility, 

necessity, and safety benefits of requiring carriers of hazardous materials to establish 

continually monitored telephone systems equipped to provide emergency response 

information and assistance with respect to accidents and incidents. 

Requires the Secretary to report to the Congress on the safety benefits of laws 

concerning the liability of shippers which cause or are involved in incidents or 

accidents while transporting hazardous materials. 

Amends the Federal Railroad Safety Act of 1970 to: (1) revise provisions 

relating to investigative and surveillance activities by a State; and (2) authorize 

appropriations for such activities. 

Directs the Secretary of Labor to issue standards requiring employers who 

receive hazardous materials to retain the markings, placards, and labels as required 

by regulations.

II 

,01ST cONGRESS 

~DsEssIoN S.2936 

r,, ,,lll(l]~d the HazardousMaterialsTransportationAct to authorizeappropriations 

forfiscalyears 1990, 1991,and 1992,and for other purposes. 

IN THE 

SENATE OF THE UNITED STATES 

JULY 30 (legislative day, JULY 10), 1990 

\lr, [jXONintroduced the followingbill; which was read twice and referredto the 

Committeeon Commerce,Science,and Transportation 

A BILL 

amend the Hazardous Materials Transportation Act to authorize 

appropriations for fiscal years 1990, 1991, and 

1992, and for other purposes. 

Be it enactedby the Senate and House of Representatives 

of the United~tates of Americain Congressassembled, 

SHORTTITLE 

SECTION1. This Act may be cited as the “Hazard.Us 

Materials Transportation Safety Improvement Act of 

DEFINITIONS 

SEC. z. Section 103 of the Hazardous Materials 

portati.n Act (49 APP. U.S.C. 1802) is amended— 

(1) by striking paragraph (4); 

1990”. 

Trans-

1 

(2) 

“*.. .,:,:, 

?:. 

-, ,..,, , 

2 

by redesignating paragraphs (3), (5), (6), S,DJ 

* 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

(7) (and any’reference thereto) as paragraphs (7), (8), 

(9), and (10), respectively; and 

(3) by inserting immediately after paragraph (2) 

the followingnew paragraphs: 

“(3) ‘imminent hazard’ means the existence of ~ 

condition which presents a substantial Ifielihood that 

death, serious illness, severe personal injury, or sub. 

stantial adverse effect to health, property, or the environment 

may occur before the reasonably foreseeable 

completion date of an administrative hearing or other 

formal proceeding initiated to abate the risk of such 

harm; 

“(4) ‘Indian tribe’ shall have the meaning given 

that term under section 4 of the Indian Self-Determination 

and Education Act (25 U.S.C. 450b); 

“(5) ‘motor carrier’ means a motor commoncarrier, 

a motor contract carrier, or a motor private carrier 

as those terms are defined in section 10102 of title 

49, United States Code; 

“(6) ‘person’ means an individual, firm, co-partnership, 

corporation, company, association, joint-stock 

association, including any trustee, receiver, assignee!‘r 

similar representative thereof, government, ~aian 

tribe, or agency or instrumentality of any gover~ent

), (6), and 

1S(7), (8), 

~graph(2) 

tence of ~ 

ihood that 

v, or sub- 

. the en~. 

‘foreseeable 

g or other 

~kof such 

tig given 

f-Determinmon 

carvate 

carri- 

02 of title 

) co-partioint-stock 

:signee,or 

t, hdian 

JVernment 

;’ 

:.- 

3 

1 when it offers hazardous materials for transportation in 

.). 

commerce or transports hazardous materials in further- 

.) ,1 ance of a commercial enterprise, but does not include 

$ the United States Postal Service and, for the purposes 

.-) of sections 110 and 111 of this title, any agency or in- 

[; strumentality of the Federal Government;”. 

I 

REGULATIONSGOVERNINGTRANSPORTATION OF 

,4 HAZARDOUSMATERIALS 

$) SEC. 3. Section 105 of the Hazardous Materials Translo 

]Jortation Act (49 App. U.S.C. 1804) is amended to read as : 7 

I 1 follows: 

12 “REGULATIONSGOVERNINGTRANSPORTATIONOF 

I:~ 

HAZARDOUSMATERIALS 

[4 “SEC. 105. (a) GENERAL.—(1) Th~ Secretmy shall 

15 issue, in accordance with the provisions of section 553 of title 

l[i 5, United States Code, including an opportunity for informal 

17 oral presentation, regulations for the safe transportation of 

1S IIazardous materials in intrastate, interstate, and foreign com- 

1$J merce. 

20 “(2) The regulations issued under this subsection shall 

21 be applicable to any person who transports, or causes to be 

~U transported or shipped, a hazardous material, or who manu- 

~:~ factures, fabricates, marks, maintains, reconditions, repairs, 

~~ or tests a package or container which is represented, marked, 

~~ certified, or sold by such person as qualified for use in the 

~~j transportation in Comerce of certain hazardous materials. 

S~~~~1s 

i 

I 

i 

I

I 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

. 

4 

“(3) Relations issued under this subsection fj~ 

govern any aspect of hazardous materials transportation 

safety which the Secretary determines necessary or apprw 

priate. ;: 

“(b) HIGHWAYROUTINGOF HAZARDOUSM.ATEBI. 

ALS.—(I) Not later than 1 year after the date of enactment 

of the Hazardous Materials Transportation Safety hprovi 

ment Act of 1990, the Secretary shall issue standards forthe 

designation of highway routes over which hazardous mate&- 

als may be transported in commerce by motor carriers. Fol. 

lowing issuance of such standards, no State, political subdivi. 

sion of a State, or Indian tribe shall designate highwayroute~ 

for the transportation of hazardous materials, except in w: 

/ 

cordance with those standards. 

.. 

“(2) Highway routing standards issued by the Secret~ 

)! 

under paragraph (1) shall include the followingrequirements: 

“(A) Highway route designations shall enhan~~ 

overall public safety in the jurisdiction of the authori~ ,,. .- 

designating the route and in other jurisdictions directly 

\{. 

affected by the designation. 

,C. 

“(B) Each State, political subdivision of a Sta@, 

.(& 

Indian tribe, or Federal agency seeking to designate~ 

‘j 

highway route for the transportation of hazardous rn~terials 

shall consult with each jurisdiction directly ~v. 

:(? ** . 

~ . . .. 

R

~sections~ 

transportation 

~ry or appro. 

5 

fected by the designation and offer an opportunity for 

publiccomment. 

i 

‘US WTER1. 

of enactment 

‘ety 1mpro\.e. 

ldards for the 

rdous mated. 

carriers. Fol. 

itical subdi~. 

ghway routes 

except in acthe 

Secretary 

requirements: 

hall enhance 

the authority 

tions directly 

i Ofa Statel 

designate~ 

‘zardousrnadirectly 

~- 

“(C) No such route designation by a State, politi- 1 

cal subdivisionof a State, or Indian tribe may be executed 

unless (i) it is agreed to by each State or Indian 

tribe directly affected by the designation, or (ii) any 

dispute over the route designation arising from the failure 

of such an affected State or Indian tribe to agree 

to that designation is resolved in favor of the designating 

State or Indian tribe under paragraph (5) of this 

subsection. 

“@) Such route designations shall not unreasonably 

burden commerce. 

“(E) The route designation process provided in 

this subsection, including the participation of affected 

jurisdictions, shall be completed in a timely manner. 

“(3) Standards issued by the Secretary under paragraph 

18 (1)shall providefor considerationof factors such as— 

19 “(A) population density; 

20 “(B) type of highways; 

*) -1 “(C) type and quantities of hazardous materials; 

*),’) .- “(D) emergency response capabilities; 

*) .,?? 

“(E) consultation with affected parties; 

24 “(F) exposure and other risk factors; 

-, .)- ‘) “(G) terrain considerations; 

L 

-J 

b--- 

s 2936Is 

~..—.- -– --- –- 

A

6 

1 “(H) continuity of routes; 

2 “(I) alternative routes; 

3 “(J) effects on commerce; and 

4 “(K) such other factors as the Secretary considen 

5 appropriate. 4 

6 “(4) States shall be responsible for determining, in& 

7 cordance with requirements established by the Secret+,”’” 

...,, ,. 

8 that the highway route designations Ofthe! PolitiGalsubditi=- 

~~:? 

9 sionsare in accordancewith this subsection. 

10 “(5)(A)If a State (on its behalf or on behalf of one ofihi’” 

..+,-. 

..,. 

II political subdivisions)or an ~dian tribe iS unable tO obt~ 

12 the agreement of any adjacent State or Indian tribe to”~’ 

13 highway route designation in accordance with this subsei~ 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

tion, after attempting to resolve the dispute directly witli -y, 

such adjacent State or Indian tribe, the State Or~dian tribi.. 

:, 

seeking designationmay petition the Secretary to resolveth~ 

dispute. This paragraph does not apply to disputes betweeri 

1~.? 

political subdivisionswithin a State. 

“(B) The Secretary shall, within 18 months after thi ‘ ..-.7 .rdate 

of enactment of the Hazardous Materials TransportatiO~ 

Safety Improvement Act of 1990, issue regulations for res 

solving disputes between or among States and Indian tribe~ 

-:t+ 

under this paragraph. 

.@. 

&“.- 

.- 

k –.-.--—.———

7 

1 “(C) The Secretary shall resolve a dispute under this 

u ~ara~aph wit~n I year after the d~te the Secretary receives 

;{ [he petition for resolution of such dispute. 

:onsiders 

4 “(D) Where any State or Indian tribe is 

seeking a high- 

,; ~t’a~’ route 

designation, the regulations issued under subpara- 

.g, in M. 

ti graph (B) shall provide for a finfing in favor of such State or 

ecretary, 

y Jndian tribe i-fthat desi~ation 

is in accordance with the 

1subdivi. 

s standards issued under paragraph (1) of this subsection and 

:) tilehighwayroute in dispute will provide the greatest level of 

I 

one ofits 

]() highway safety without unreasonably burdening commerce. 

to obtain 

II 

“(c) JUDICIALREVIEW.—(I) Except as provided in 

tribe to a 

is subsec- 

~ctly with 

]~ paragraph (2), route designations and dispute resolution deci- 

]:] sions rendered under subsection (b) shall not be subject to 

1/ judicialreview in any civil or criminal proceeding to enforce 

-. 

. . 

ldian tribe 

l,; t route designation. 

“esolvethe 

I(; 

“(2) Any State or Indian tribe that is a party to a pro- 

:Sbetween 

17 ceedingunder subsection @)(5)and that is adversely affected 

s after the 

IN ht. a decisionrendered in such proceeding may, at any time 

. 

l!] beforethe expiration of 60 days after that decisionbecomes 

~spOrtatiOn 

:() final, file a petition for judicial review with the appropriate 

ons for re-’ 

~1 districtcourt of the United States. 

.).) -- “(d) LIST OF ROUTEDESIGNATIONS .—The Secretary 

~~~shallperio&callyupdate and publish a list of currently effec- 

24 ti},ehazardousmaterials highway route desi~ations” 

A

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

8 

“(e) 1NTERNATIONAL UNIFORMITY. —(1) Subject ~ 

guidance and drection from the Secretary of State, the Sec. 

retarj~ shall participate in international forums that establish 

or recommendmandatory standards and requirements for the 

transportation of hazardous materials in international commerce. 

“(2) The Secretary may consult with interested agencies 

to assure that, to the extent practicable, regulations issuedby 

the Secretary pursuant to this section shall be consistent with 

standards adopted by international bodies applicable to the 

transportation of hazardous materials. Nothing in this subsection 

shall require the Secretary to issue a standard identical 

to a standard adopted by an international body, if the Secretary 

determinesthe standard to be unnecessary or unsafe, nor 

shall the Secretary be prohibited from establishing safety requirements 

that are more stringent than those included in a 

standard adopted by an international body, if the Secretary 

determines that such requirements are necessary in the public 

interest. 

“(f) DISCLOSURE.—(1) Each person who offers for 

transportation in commerce a hazardous material that is subject 

to the shippingpaper requirements of the Secretary shall 

provide the carrier, or maintain on the vehicle if a private 

motor carrier, a shippingpaper that, at a minimum, discloses 

in a manner prescribedby the Secretary, the following: 

,..- 

,,... . 

1 

●) t 

. 

:1 

4 

5 

(; 

7 

8 

9 

10 

11 

la 

13‘ 

14 

. . 

15 com 

16 mat 

17 Spol 

18 haz 

19 

20 by: 

21 

22 

23 

24 ~ 

25 , 

S 29:36IS 

s~

~bject ~ 

tie Sec. 

establish 

Its for the 

onal corn. 

d agencies 

s issuedby 

istent with 

~bleto the 

his subsecrd 

identical 

the Secreunsafe,nor 

g safety re- 

~cludedin a 

e secretary 

-n the public 

) offers for 

that is suberetary 

shall 

if a private 

.lm,diSclOses 

)wing: 

9 

“(A) a description of 

the hazardous material in- 

eluding the proper shippingname; 

material; 

“(B) the hazard class 

of the hazardous material; 

“(C) the identification number (UN/~A) 

of the 

“@) immediate first action emergency response 

information or a means for appropriate reference to 

such information which must be immediately available; 

and 

“(E) a telephone number for the purpose of obtaining 

more specific handling and mitigation information 

concerning the hazardous material at any time 

during its transportation. 

“(2) Any person who transports a hazardous material in 

commerce shall, in the event of an incident involving such 

material, immediately disclose to appropriate emergency response 

authorities, upon their request, information on the 

hazardousmaterial being transported. 

“(g) UNLAWFULREPRESENTATION.—NO person shall, 

by marking or otherwise, represent that— 

“(1) a container or package for the transportation 

of hazardous materials is safe, certified, or in compliance 

with the requirements of this title unless it meets 

the requirements of all applicable regulations issued 

under this title; or 

S 2936 IS——Z

1 

2 

3 

4 

5 

10 

“(2) a hazardous material is present in a package, 

container, motor vehicle, rail freight car, aircraft, or 

vessel, if the hazardous material is not present. 

“(h) UNLAWFULTAMPERING.—NOperson shall urdaw. 

fully alter, remove, deface, destroy, or otherwise tamper 

Ṫ 

6 

7 

8 

with— 

“(1) any marking, label, placard, 

a document required by this title or a 

or descriptionon 

regulation issued 

9 

10 

11 

under this title; or 

“(2) any package, 

freight car, aircraft, or 

container, motor vehicle, rail 

vessel used for the transporta- 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

tion of hazardous materials. 

“(i) RETENTIONoF MARKINGSANDPLAcARDs.—~ot 

later than 6 months after the date of enactment of this subsection, 

the Secretar~’of Labor, in consultation with the Secretary 

of Transportation and the Secretary of the Treasury, 

shall issue under section 6@)of the Occupational Safety and 

Health Act of 1970 (29 U.S.C. 655(b)) standards requiring 

any employerwho receives a package, container, motor vehicle, 

rail freight car, aircraft, or vessel which contains a hazardous 

material and which is required to be marked, placarded, 

or labeled in accordance with regulations issued under 

this Act to retain the markings, placards, and labels, and any 

other informationas may be required by such regulations on 

the package, container, motor vehicle, rail freight car, air-

..,. . 

11 

; Craft, or vessel, until the hazardous materials have been re- 

~ Inovedtherefrom.”. 

,) HAZARDOUSMATERIALSTRANSPORTATION SAFETY 

4 PERMITS 

,-) SEC.4. Section 106 of the Hazardous Materials Trans- 

[; portation Act (49 App. U.S.C. 1805) is amended by adding 

T tit the end the followingsubsection: 

,5 “(d) PERMITTING.—(1)Effective one year titer the 

\J date of enactment of this subsection, no motor carrier may 

1(} transport or cause to be transported in commerce,in a quan- 

]1 tit~’established by the Secretary, any class A or B explo- d 2i 

12 ~il~es,any hazardous material which has been designated by ~~ 

I 

1Package, 

ircraft, or 

t. 

111Llnlaw. 

e tamper 

“iptionon 

on issued 

.icle, rafi 

~nsporta- 

~s.—Not 

~hissubthe 

Secreasury, 

tety and 

?quiring 

or vehia 

haztlacardunder 

nd any 

ons on 

r, air- 

IJ ~vayroute controlled quantity of radioactive materials as de- 

15 finedby the Secretary, unless the carrier obtains and possess- 

1(~ es a valid safety permit issued 

17 the carrier to engage in such 

18 who offers for transportation in 

19 

-1 

,) 

.).> 

-- 

‘) -,‘3 

by the Secretary authorizing 

transportation. Each person 

commercea hazardous mate- 

rial to Which this subsection applies may only offer such material 

to a carrier presenting a valid safety permit. 

“(2) The Secretary shall issue a safety permit to each 

carrier required under paragraph (1) to possess a permit if the 

carrier submits a complete application and meets all other 

requirements of the regulations issued by the Secretary under 

paragraph (4), including a certification that the carrier has 

identified a]] hazardous material regulations of the Secretary 

s !:):lfi IS 

I:] the Secretary as extremely toxic by inhalation, or any highs 

L/ 

L. 

~ 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

12 

~,pplicable t. the carrier’s operations and iSin full compli~’ 

.-.,.-. 

.gj 

therewith and with the Federal Motor Carrier Safety rem% ., 

tions contained in subchapter B of chapter ~ 

.* 

of title 49J 

Code of Federal Regulations. 

L T.. 

“(3) Any safety permit iSSUedunder this subsection” 

ma~’,after notice and an opportunity for a hearing! be amend.’ .-= .. 

ed, suspended, or revoked by the Secretary in accordan”ti” 

with procedures established under paragraph (4) whenever”: ,.,.- 

.:.!-, 

.,, 

.-rs=e 

.L=+:{ 

the Secretary determines that a carrier has failed to COmPIY ..,,, ,. 

... .*-: 

with a requirement of this title or any regulation issuedundeir~ 

~:~ 

this title. In cases of imminent hazard, the Secretary may * 

amend or suspend a safety permit immediately without thi” 

opportunityfor a hearing. 

... ;= 

if :- 

& 

“(4) The Secretary shall, by regulation, establish— ~{~ 

“(A) to which hazardous materials and in wtii~~ 

quantities this subsection applies; 

“(B) standards of compliance 

for issuance of a safety permit; 

~“% 

required to be me~~ 

“(C) application procedures, including form, cO~~ 

tent, and filing fees; 

@*

. 

13 

:Ornpliance 

~ty regu]a. 

)f title 49, 

“(F) any other procedures the Secretary considers 

appropriate to implement this subsection. 

“(5) Not later than 12 months after the date of enact- 

Inent of this subsection, the Secretary shall initiate a rule- 

subsection 

be amend. 

~CcOrdance 

whenet~er 

tOcompl~~ 

!uedunder 

etary maJ’ 

ithout the 

sh— 

1 in what 

o be met 

]rm, conon, 

terms 

spensionr 

Inaliingproceehg to determine which additionalmaterials, if 

~n~’,should be included among the materials specified in 

paragraph (l), for which motor carrier safety permits are recl~liredbecause 

of their high degree of risk when transported. 

Such proceeding shall take into considerationfactors incuding 

toxicity, inhalation hazard, and evacuation distances required, 

as well as the potential for multiple deaths or injuries 

or significantenvironmental hazards, in the event of an accident. 

Such proceeding shall be completed within 24 months 

after such date of enactment. The Secretary shall, within 3 

months after completion of such proceeding, issue a rule 

specif~~ingthe materials, if any, which shall be included 

among those materials whose carriage requires a safety 

permitin order to protect the publicinterest. 

“(6) The Secretary shall conduct a rulemaking proceeding 

and, tithin 12 months after the date of enactment of this 

subsection, shall issue regulations requiring safe operations 

by persons who transport or cause to be transported by rail, 

air, or water k commerce any class A or B explosives, any 

hazardous material which has been designated by the Secretary 

as extremely toxic by inhalation, any radioactive materi-

g 

1 

al in such quantity as established by the Secreta~, 

14 

or any 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

other hazardous material the Secretary determines shouldbe 

subject to such regulations because of its high degree of risk 

when transported. Such proceeding shall take into consideration 

factors includingtoxicity, inhalation hazard, and evacuation 

distances required, as well as the potential for mtitiple 

deaths or injuries or significantenvironmentalhazards, k the 

event of an accident.”. 

ELIMINATIONOFPUBLICATIONREQUIREMENTFOR 

RENEWALOFEXEMPTIONS 

SEC. 5. Section 107(a) of the Hazardous Materials 

Transportation Act (49 App. U.S.C. 1806(a))is amended by 

inserting immediatelybefore the period in the fourth sentence 

the following:“except that such publication shall not be required 

in the case of a renewal involvingonly an extensionof 

the time during which the exemption is in effect”. 

DEFINITIONOFRADIOACTIVEMATERIALS 

SEC. 6. Section 108@) of the Hazardous Materials 

Transportation Act (40 App. U.S.C. 1807(b))is amended by 

striking the second sentence and inserting in lieu thereof the 

following:“The term does not include any material which the 

Secretary determines is of such low order of radioactivity 

that when transported does not pose a significant hazard to 

health or safety.”. 

, 

$ 

----- 

I

or any 

IOuldbe 

1Ofrisk 

Onsider. 

: evacUnultip]e 

j, in the 

15 

PURPOSEOF REVIEWOF HAZARDOUSMATERIALS 

TRANSPORTATION 

SEC. 7. Section lo of the Hazardous Materials 

Transportation Act (49 App. U.S.C. lob) is 

amended by striking “recommend” and inserting in lieu 

thereof “take”. 

PENALTIES 

SEC. 8. (a) CIVILPENALTIEs.—Section I lo(a)(l) of the 

b 

i 

i; 

IJazardous Materials Transportation 

Act (49 App. U.S.C. 

lB09(a)(l)) is amended— 

aterials 

~dedby 

entence 

~be relsionof 

aterials 

ldedby 

eof the 

ichthe 

ictivity 

1 

2 

3 

4 

5 

6 

7 

8 

16 

,,. 

fined under title 18, United states code, or imprisonedfor 

not more than 5 years, or both.”. 

CONFORMINGAMENDMENT 

SEC. g. section ill(b) of the Hazardous Materials 

Transportation Act (49 A.pp.U.S.C. IsIO@)) is amendedby 

striking the second sentence. 

TRANSPORTATIONOF CERTAINHIGHLYRADIOACTIW 

MATERIALS 

9 

SEC. 10. The Hazardous 

Materials Transportation Act 

10 

11 

12 

13 

14 

15 

(49 App. U.S.C. 1801 et seq.) is amended by redesignating 

section 115 as section 118, by striking section 116, and by 

inserting immediately after section 114 the following new 

section: 

“TRANSPORTATIONOF CERTAINHIGHLYRADIOACTIVE 

MATERIALS 

16 

“SEC. 115. (a) DEDICATEDTR~Ns.—Within 

120 days 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

after the date of enactment of this section, the Secretary shall 

issue regulations, in accordance with this section and pursuant 

to section 105 of this title, with respect to the transportation 

by rail of high-level radioactive waste and spent nuclear 

fuel. Such regulations shall prohibit any transportation of 

such materials by rail, including shipments of such materials 

made by or under the direction or supervisionof the Department 

of Energy or the Department of Defense, unless such 

materials are transported on trains operated exclusively for 

such purpose. The Secretary shall establish effective proce- 

S?9S6IS 

.— R

17 

}risonedfor 

s Materia]~ 

Lmendedby 

IACTIVE 

rtation Act 

designating 

16, and by 

owing new 

1 dures for monitoring and enforcing the provisions of such 

~ regulations. 

:1 @) MODE AND ROUTE SELECTION.—The Secretary 

J 

shall,within la months 

,-) section, issue standards 

after the date of enactment of this 

for the selection of shipping modes 

[; and routes used for the transportation of high-level radioac- 

T tive waste and spent nuclear fuel. Such standards shall be 

s developedin consultation with all potentially-affectedStates 

1 

~) and Indian tribes and after notice and opportunity for public 

I 

i 

{() comment,and shall includebut not be limited to requirements 

11 that enhance overall public safety, taking into consideration 

I~ population densities, types of highways, quantities of high- 

I;] levelradioactivewaste and spent nuclear fuel, emergencyre- 

OACTIVE 

n 120 days 

etary shall 

~ndpursuransportant 

nuclear 

)rtation of 

materials 

e Departlless 

such 

!sivelyfor 

ve proce- 

[4 sponse capabilities, exposure and other risk factors, terrain 

[5 considerations,continuity of routes, and alternative routes inl~! 

eludingenvironmental impact factors and such other factors 

1‘i related to alternative routes as the Secretary considers 

18 appropriate. 

19 “(c) REQUIREPCERTIFICATIONOF PACKAGES.-(1) 

!0 The Secretary shall not Pemit transportation of high-level 

21 radioactivewaste or nuclear spent fuel except in packages or 

22 containersthat have been certified for such transportation by 

23 the Commission. 

24 “(2) As part of the process of certifying any package or 

~~ container referred to in paragraph (l), the Commissionshall 

1 

I 

I I 

i 

.A 

--- 

“,. .- 

. ..... 

,,.,.2 

~.. 

S 2936 IS——3

18 

1 require the performance of actual testing on a sample full. 

2 scale package or container, in addition to any simulatedtest. 

3 ing, testing on scale models,or engineering analysis. 

1 

.) 

,) 

,) 

4 “(d) DEFINITIONS.—As used in this section, 

5 “(l) ‘Commission’ means the Nuclear 

6 Commission; 

the te~- 

Regulatov 

4 

;) 

[: 

7 “(2) ‘high-level radioactive waste’ has the mean- 

8 ing given such tem in section 2(12) of the Nuclear 

9 Waste Policy Act of 1982 (42 U.S.C. 10101(12));and 

10 “(3) ‘spent nuclear fuel’ has the meaning given 

11 such term in section 2(23) of the Nuclear Waste Policy 

12 Act of 1982 (42 U.S.C. 10101(23)).” 

13 EMERGENCYRESPONSEPLANNINGANDTRAININ GRANTS 

14 SEC. 11. The Hazardous Materials Transportation Act 

15 (49 App. U.S.C. 1801 et seq.), as amended by this Act, is 

16 further amended by inserting immediately after section 115 

17 the followingnew section: 

18 “EMERGENCYRESPONSEPLANNINGANDTRAINING 

19 GRANTS 

20 “SEC. 116. (a) AUTHORITYTo MAKE GRANTS.-(I) 

21 The Secretary shall make grants beginning not later than 1 

22 year after the date of enactment of this section to States and 

23 Indian tribes to enhance planning for responding to emergen- 

24 cies involving transportation of hazardous materials and for 

25 training public sector personnel used for such response. 

k 

I 

~ 

1( 

,. 

1: 

1: 

1 

1 

1 

1 

1 

1 

. 

. 

. 

. 

s ~gsG1s

ample full. 

Ilated tests. 

the term- 

BegulatoV~ 

19 

“(2) The Secretary may not make a grant to a State or 

lndian tribe under this section unless such St~,te or Indian 

tribe agrees that the aggregate expenditure of funds of the 

State or Indian tribe, exclusiveof Federal funds, for training 

public sector personnel to respond to accidents and incidents 

involving the transportation of hazardous materials will be 

the mean- 

LeNuclear 

1(12));and 

ning given 

Jste Policy 

GGRANTS 

tation Act 

his Act, is 

ection 115 

INING 

.NTS.–(1) 

ter than 1 

states and 

emergen- 

maintained at a level which does not fall below the average 

level of such expenditure for its last 2 fiscal years preceding 

the date of the enactment of this section. 

“(3) At least 75 percent of amounts appointed for 

making grants to States under this section shall be allocated 

by States to political subdivisionsof the State. 

“@) GRANTUSE PLAN.-(1) In addition to any other 

requirementsestablishedby the Secretary for applicationsfor 

grants under this section, an applicant for a grant under this 

section shall submit to the Secretary a detailed plan for the 

effectiveand coordinated use of such grant that describes— 

“(A) activities to be carried out with the grant; 

and 

“(B) the justification for and objectives of those 

activities. 

“(2) A grant use plan submitted under this subsection 

~hall— 

1sand for 

lse. 

● 

s 29:3(;[s 

-

20 

..,. ,... 

1 

g 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

“(A) include a description of the training and 

planning objectives to be accomplished with such 

grant; 

“(B) foster and promote to the maximum extent 

possible regional cooperation, regional emergency reapproaches 

sponse teams, and regional 

to handling 

hazardous materials, including the linking of response 

capabilities and emergency response planning between 

communities and their neighbors; and 

“(C) eliminate duplication of existing efforts and 

provide for coordination of activities carried out with 

the gant with other emergency response activities 

conductedby Federal, State, tribal, regional, and local 

governmentaland non-governmental entities. 

“(c) .4D311NISTRATIONOF PRO~oTS.—NOt later than 

I year after the date of enactment of this section, the Secretary 

shall issue regulations establishing requirements for the 

18 

19 

20 

●> -1 

●3*? -- 

-3 ●> 

24 

administratiollof projects to be carried out with grants under 

this section.Such regulations shall require that such projects 

shallbe administered,in whole or in part— 

‘“(l) by state 

or tribal emergency response commissions 

established pursuant to section 301 of the 

Emergency Planning and Community Right-To-Know 

Act of 1986 (42 U.S.C. 11001); 

~.—--... ._.... - ——- -- -

liIlg and 

ith such 

m extent 

‘encyre. 

handing 

response 

bet~veen 

forts and 

out with 

activities 

and IocaI 

~ter than 

le Secres 

for the 

lts under 

projects 

Ise comof 

the 

‘o-Know 

21 

“(2) by local emergency planning committees esor 

regional co- 

ta!~lishedpursuant to that section; or 

“(3) by a State or tribal agency 

ordinating entity to be designated by the Governor of a 

State or OhiefExecutive Officerof an Indian tribe. 

“(d) USE OF GRANTṠ—Amounts received in the form 

of a grant under this section shall be used for— 

“(1) surveying the routes over which hazardous 

materials are transported and the characteristics of that 

transportation; 

“(2) analyzing hazards associated with that transportation; 

“(3) defining specific response functions and roles 

of agencies and personnel of the grantee for those 

emergencies; 

“(4) developing a long-term strategy to assure 

that governmental resources, and training for those resources, 

will be available to implement emergency responsefunctions 

defined pursuant to paragraph (3); 

“(5) improving and exercising hazardous materials 

transportation emergency response plans; 

“(6) developing procedures for notifying, evacuating, 

and sheltering the public in the event of a hazardous 

materials transportation emergency; 

5

22 

1 “(7) paying for training and costs 

. 

associated ~th 

2 training courses and materials; or 

3 “(8) increasing the capability of 

the grantee ~ 

4 train personnel and plan for and respond to ernergen. 

5 cies involving transportation of hazardous materials. 

6 “(e) REQUIREMENTSTo PROMOTE EFFECTIVE USE 

7 OF TRAININGANDPLANNING~uNDs.-(l) As a condition of 

8 receiving a grant under this section for carrying out training 

g of personnel, a State, political subdivision of a State, or 

10 Indian tribe shall certify in writing to the Secretary that the 

11 grant will be used to train a wide 

12 sponse personnel, including police, 

variety of emergency reemergence 

medical tech- 

13 nicians, and fire and rescue service personnel. 

14 “(2) Training of personnel conducted with grant monies 

k 

15 authorized under this section shall be carried out in accord- 

16 ance with— 

17 “(A) training requirements of section 3C)5(a)of the 

18 Emergency Planning and Oommunity Right-To-~oW 

19 Act of 1986 (42 U.S.O. 

l1005(a)); 

and 

20 “@) occupational 

safety and health standards 

21 issued by the Administrator of the Environmental Pro- 

22 tection Agency or issued by the secretary of Labor, in- 

23 eluding but not limited to the standards set forth b 

24 part 1910 of title 29, code of Federal Regulations, 

I 

S2936Is

23 

Associated~~th 

he grantee t. 

d to emergen. 

~materials. 

FECTIVEUSE 

a conditionof 

~gOUttraining 

f a State, or 

etary that the 

~mergencyre. 

medical tech. 

grant monies 

Jut in “accord- 

305(a) of the 

;ht.To.Know 

and consensus standards of the National Fire Protection 

Association;or 

“(C) other training standards or courses issued, 

approved, or recommended by the Secretary, the Administrator 

of the Environmental Protection Agency, 

the Director of the Federal Emergency Management 

Agenc~’, the Chairman of the Nuclear Regulatory 

Commission,the Secretary of Labor, the Secretary of 

Energy, the Secretary of Health and Human Services, 

the Federal Radiological Preparedness Coordinating 

Committee (for radioactive materials), or the National 

Response Team established under part 300.32 of title 

40, Code of Federal Regulations. 

“(3) The Secretary shall allocate funds made available 

for grants under this section for a fiscal year among States 

and Indian tribes which are eligible to receive such grants in 

such fiscal year based upon the needs of such States and 

Indian tribes for emergency response planning and training. 

In determining such needs, the secretary shall consider the 

I 

I 

! 

I 

I 

5! 

J; 

L 

h 

standards 

number and t~e 

of facilities affecting hazardous materials 

lmental Proof 

Labor, inset 

forth ti 

Regulations, 

transportation in the State or on the lands of the Indian tribe, 

the types and amounts of hazardous materials transported in 

the state or on the lands of the Indian tribe, and also whether 

or not the state or Indian tribe assesses and collects fees 

on the transportation of hazardous materials, whether or not 

s 2936Is

24 

1 such fees are used solely to carry out purposes related to the+ 

2 transportation of hazardous materials, whether or not region. 

3 al or cooperative response efforts have been coortiated, ~d 

1 

,) 

.) 

4 such other factors as the Secretary determines are appropri. 

5 ate to carry out the objectivesof this subsection. 

,-, furt 

6 “(f) ADOPTIONOF FEDERALSTANDARDS~ OOM- 

7 PLIANCEWITH EMERGENCYPL-NG REQ~REMENTs 

i 

8 BYSTATESORINDIANTRIBES.—The Secretary may ordy 

!3 make agrant to aState or lnfiantribe ~der this sectioning 

10 fiscalyear if the State or Indian tribeis comply-ingwithsec- 

11 tions 301 and303 of the Emergency Planning andCommu- 

10 rec 

12 nity Right-To-Know Act of 1986 (42 U.S.C. 1101 and 

13 1103), including compliance with and enforcement of such 

14 sectionswith respect to accidents and incidents involvingthe 

15 transportation ofhazardous materials. 

16 “(g) FEDERALSHARE.-BY a grant under this section! 

17 the Secretary 

18 amount notto 

shall reimburse any State or Indian tribe m 

exceed 80 percent of the cost incurred by such 

14 ----. 

15 

l(i 

17 ; 

18 

19 State or Indian tribe in the fiscal year for carrying out the 

20 activities for which the grant is made. The funds of the State 

21 or Indian tribes which are required to be expended under 

22 subsection(a)(2) shal 

23 Federal share.”. 

not be consideredto be part of the non- 

24

25 

~dto the 

t region. 

Lted,and 

~ppropri- 

11)CO&~- 

EMENTS 

lay only 

‘tionin a 

tith sec. 

Commu- 

101 and 

of such 

vingthe 

section, 

tribe an 

by such 

out the 

\e State 

1 under 

he non- 

1 ASSISTANCETO STATE,TRIBAL,ANDLOCAL 

*) GOVERNMENTS 

:1 SEC. 12. The Hazardous Materials Transportation Act 

~ (49 App. U.s.c. 1801 et seq.), as amended by this Act, is 

,j [urther amended by inserting immediately after section 116 

[; the following new section: 

4 “ASSISTANCE TO STATE, TRIBAL, AND LOCAL 

s 

GOVERNMENTS 

:) “SEC. 11’7.As appropriate, in cooperation with the Di- 

10 rector of the Federal Emergency Management Agency and 

i I the Administrator of the Environmental Protection Agency, 

IU the Secretary shall— 

“(l) provide technical assistance to State, tribal, 

regional, and local governments to encourage effective 

and efficient emergency responses to accidents involving 

the transportation of hazardous materials, including 

assistance in the development and use of regional response 

teams; 

“(2) develop, collect, and disseminate information 

concerning methods of responding to such accidents 

and training programs for responding to such accidents; 

“(3) provide technical and financial assistance for 

regional planning in, and studies of, methods of improving 

coordinated and effective responses to such 

accidents; 

, 

I 

i 

I 

$ 

-

I 

26 

>. 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

“(4) provide technical guidance and support ~ 

assist State, tribal, regional, and local governments ~ 

enforcingregulations issued pursuant to this Act; 

“(5) provide other technical and policy assistance 

to state, tribal, regional, and local government entities 

before or during the formulation of re~lations affecting 

hazardous materials transportation safety and before or 

during the formulation of routing schemes; and 

“(6) provide other forms of technical, policy, and 

financial assistance to State, tribal, regional, and local 

government entities that would promote hazardous materials 

transportation safety.”. 

AUTHORIZATIONOFAPPROPRIATIONS 

SEC. 13. Section 118 of the Hazardous Materials 

Transportation Act, as so redesignated by section 10, is 

amendedto read as follows: 

“AUTHORIZATIONOFAPPROPRIATIONS 

“SEC. 118. (a) IN GENERAL.—Thereis authorized to 

be appropriated Jor carrying out the provisions of this title 

other than section 116 not to exceed $10,600,000 for the 

fiscal year ending September 30, 1990, $12,000,000 for the 

fiscalyear ending September 30, 1991, and $14,000,000 for 

the fiscalyear ending September 30, 1992. 

“@) EMERGENCYRESPONSEPLANNINGANDTRAIN- 

ING GRANTS.—Thereis authorized to be appropriated for 

carr~ringout the provisions of section 116 not to exceed 

1 

.1 -i 

,! 

. 

1 

. 

( 

. 

( 

I( 

I 

1’ 

,. 

1’ 

1 

I 

I 

I 

1 

. .

support t. 

~rnments~ 

Act; 

~ assistance 

.ent entities 

ns affecting 

.d before or 

nd 

27 

$10,000,000 for the fiscal year ending September 30, 1!391, 

~lnd$25,000,000 for the fiscal year ending September 30, 

1992.”. 

ADDITIONALSAFETYINSPECTORS 

SEC. 14. (a) ~ GENERAL.—The Secretary of Transportation, 

in fiscal year 1991, shall employ and maintain 

thereafter an additional 30 safety inspectors above the 

Ilumber of safety inspectors authorized for fiscal year 1990, 

! 

i 

8 

i 

policy, and 

~,and local 

ardous ma- 

Materials 

ion 10, is 

; 

;horized to 

f this title 

~0 for the 

00 for the 

)0,000 for 

D TRAIN- 

~riatedfor 

o exceed 

in the aggregate, for the Federal Railroad Administration, 

the Federal Highway Administration, and the Research and 

Special Programs Administration. The Secretary shall take 

such action as may be necessary to assure that the activities 

of 10 such additional inspectors focus on promoting safety in 

the transportation of radioactive materials, as defined by the 

~ecretar~’, These activities Shall include, but not be limited 

to— 

(1) the inspection at the point of origin of every 

shipment of high-level radioactive waste or nuclear 

spent fuel, as those terms are defined in section 115 of 

the Hazardous Materials Transportation Act, as added 

b~’section 

10 of this Act; and 

(2) the inspection, to the maximum extent practicable, 

of shipments of radioactive materials that are 

not high-level radioactive waste or nuclear spent fuel. 

(b)COOPERATION.—1n carrying out their duties, the 10 

additional inspectors authorized by this section to focus on 

.

~.- 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

28 

promoting safety in the transportation of radioactive ma~~. 

als shall, to the maximum extent possible, cooperate ~th 

safety inspectors of the Nuclear Regulatory Commissionad 

appropriate State and local government officials. 

(c) ALLOCATIONOF hSPECTORS OF RADIOACTIVE 

MATERIALS.—of the 10 additional inspectors authorizedbj~ 

subsection(a) to focus on promoting safety in the transport. 

tion of radioactive materials— 

(1) not less than 1 shall be allocated to the Research 

and Special Programs Administration; 

(2) not less than 3 shall be allocated to the ~ederal 

Railroad Administration; 

(3) not less than 3 shall be allocated to the Federal 

Highway Administration; and 

(4) the remainder shall be allocated, at the discretion 

of the Secretary, among the agencies referred ‘to 

in paragraphs (l), (2), and (3). 

(d) ALLOCATIONOF OTHERSAFETYINSPECTORS.— 

The 20 additional inspectors authorized by subsection(a) not 

referred to in subsection (c) shall be allocated, at the discretion 

of the Secretary, among the agencies referred to in paragraphs 

(l), (2), and (3). 

STUDYOFIDENTIFICATIONOFHAZARDOUSMATERIALS~ 

TRANSIT 

SEC. 15. (a) STUDY.—The Secretary of Transportation, 

in consultation with representatives of the transportation in- 

S2936IS 

1--

29 

‘Re- 

eder- 

Fediscreed’to 

ts.— 

,)not 

‘scre- 

?ara- 

,Sm 

,tion, 

n iIl- 

dustry, transportation labor organizations, equipment manufacturers, 

police and fire protection organizations, shippers, 

and appropriate international organizations, shall undertake a 

study of the present system of identifying hazardous materials 

and means to improve such identificationwhile in transit. 

The study shall address the followingissues: 

(1) The effectiveness of the present system of 

identifying hazardous materials while in transit including— 

(A) estimates of the frequency of improper 

identtiication and the frequency of missing identification; 

(B) the causes of improper or missing identification; 

and 

(C) training and enforcement measures designed 

to ensure proper identification and the effectiveness 

of these measures. 

(2) Modifications or alternatives td improve the 

present system of identifying hazardous materials while 

in transit. 

(3) The costs associated with the present system 

and each of the modificationsor alternatives studies. 

b) REPORT.—The Secretary of Transportation shall 

report the results of the study under subsection (a) to Oongress 

within 1 year after the date of enactment of this Act.

30 

...,. 

1 

2 

3 

4 

MOTORCARRIERSAFETYRATINGS 

SEC. 16. (a) PURLIC AVAILABILITY; REA8SES& 

MENT.—.Notlater than I year after the date of enactment of 

this Act, the Secretary of Transportation, in cons~tation 

5 

with the Interstate 

commerce Commission, shall issue a fi~ 

6 

rule amending the Federal motor carrier safety re@atiom 

7 

8 

contained in subchapter B of chapter ~ 

Federal Regulations, to— 

of title 49, Oodeof 

9 

(I) establish a system to make readily available to 

10 

the public, and to periodically update, 

the safety rat- 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

ings of motor carriers which have been assigned safety 

ratings determined by the Secretary to be unsatisfactory; 

and 

. 

(2) provide that, in any case in which a motor 

carrier has been assigned a safety rating determined by 

the Secretary to be unsatisfactory and has submitted a 

written request to the Secretary for a reassessmentof 

the rating, the Secretary shall, to the extent practica-” 

ble, conduct the reassessment within 9 months after re-” 

,

REAssEsS. 

nactment of 

consultation 

issue a final 

regulations 

49, Code of 

available t. 

safety ratgned 

safety 

unsatisfach 

a motor 

ermined by 

ubmitted a 

essment of 

.t practica- 

1s after relsportation 

{entof thiS 

arrier that 

:ary to be 

commer- 

31 

Cial motor vehicle which meets the description set forth in 

section 204(~)@) or (C) of the Motor Carrier Safety Act of 

1984 (49 APP”u-s-c” 2503(1)~) or (C)) until such motor 

carrier has received a safety rating determined by the Secretary 

to be conditionalor satisfactory. 

(c)DEFINITIONS.—As used in this section— 

(1) the term “commercial motor vehicle” has the 


Motor Carrier Safety Act of 1984 (49 App. U.S.C. 

2503(1));and 

(2) the terms “conditional” and “unsatisfactory” 

have the meanings given those terms in part 385 of 

title 49, Code of Federal Regulations, as in effect on 

the date of enactment of this Act. 

RULEMAKINGONREGISTRATION 

SEC. 17. Not later than 18 months after the date of 

enactment of this Act, the Secretary of Transportation shall 

initiate a rulemaking proceeding concerning the need to establish 

annual or other registration requirements for persons 

or any class or category of persons who transport, ship, or 

cause to be transported or shipped in commerce hazardous 

materials, who store in transit hazardous materials, or who 

manufacture, fabricate, mark, maintain, recondition, repair, 

or test packages or containers which are represented, 

marked, certified, or soldfor use in the transportation in commerce 

of hazardous materials. Such rulemaking shall take 

I 

I I

32 

1 

2 

3 

into considerationthe feasibility of registration as a means of 

promoting compliance with the Hazardous Materials Tr~. 

portation Act (49 App. U.S.C. 1801 et seq.) or any order or 

4 

regulation issued under that Act, targeting 

enforcement ef. 

5 

6 

7 

8 

9 

10 

11 

12 

forts, and identifying areas of high risk, including consider. 

ation of alternatives to registration, the costs of administering 

a registration program, and mechanisms for the recovery of 

such costs. Any final rule issued under this subsection sh~ 

be issued not later than 30 months following the date of enactment 

of this Act. 

STATEPARTICIPATIONIN INVESTIGATIONSAND 

SURVEILLANCE 

13 

SEC. 18. 

(a) AMENDMENTOF SECTION 206(a) OF 

14 

FRSA.—Section 

206(a) of the Federal Railroad Safety Act 

.. . 

15 

16 

17 

18 

19 

Z() 

21 

22 

of 1970 (45 U.S.C. 435(a)) is amended— 

(1) by inserting “related to railroad safety” immediately 

after “standard prescribed”; 

(2) by striking “under this title” the first place it 

appears; 

(3) by striking “established under this title” in 

paragraph (2); and 

(4) by striking “prescribed by the secretary 

23 

under section 202(a) of this title” and kserting 

in lieu 

24 

25 

thereof “relating to railroad safety prescribed by the 

Secretary”. 

i 

~. - ,._--,----,. .... . .... .. .. ——. ..— —

33 

@) AMENDMENTOF SECTION206@) OF FRSA.—Sec- 

tion 2060) of the Federal Railroad Safety Act of 1970 (45 

u.S.C. 4350)) is amended by striking “prescribed by him 

! 

i 

under section 202(a) of this title” and inserting in lieu thereof 

“relating to railroad safety prescribed by the Secretary”. 

(c) AMENDMENTOF SECTION206(f) OF FRSA.—Section 

206(0 of the Federal Railroad safety Act of 1970 (45 

U.S.C. 435(f)) is amended by striking “under this title”. 

(d) AMENDMENTOF SECTION 207(a)(l) 

OF FRSA.— 

Section 207(a)(l) of the Federal Railroad Safety Act of 1970 

(45 U.S.C. 436(l)(l)) is amended— 

(1) by striking “under section 209 of this title 

with respect”; and 

(2) by striking “issued under this title, or under 

any law transferred by section 6(e)(l), (e)(2), or 

(e)(6)(A)of the Department of Transportation Act”. 

(e) AMENDMENTOF SECTION210(a) OF FRSA.—Section 

210(a) of the Federal Railroad Safety Act of 1970 (45 

U.S.C. 439(a)) is amended by striking “this title or to enforce 

rules, regulations, orders, or standards established under this 

title” and inserting in lieu thereof “or to enforce rules, regulations, 

orders, or standards relating to railroad safety”. 

o


-----No.33 of 37----------------------- 

S. 3043 by EXON (D-NE) -- Private Relief (Private Law 101-11, approved 

11/06/90) 


A bill for the relief of Nebraska Aluminum Castings, Inc. 

Introduced on Thursday, September 13, 1990 






Returned to full committee, without recommendation, by Courts and 

Administrative Practice Subcommittee 


Ordered reported by Senate Committee on the Judiciary 


Reported (without written report) by Senate Committee on the Judiciary 



Ordered printing of amendment(s) by BIDEN (D-DE) providing certain funds 

for the relief of Nebraska Aluminum Castings, Inc. (Amendment 2936, 








Amendment offered by BIDEN (D-DE) providing certain funds for the relief of 

Nebraska Aluminum Castings, Inc. (Amendment 2936, CR Page S-14659) 

Agreed to amendment by BIDEN (D-DE) (by Voice Vote) No. 2936 




10/10/90 -- In The HOUSE



Referred to House Committee on the Judicia~ 


Report filed by House Committee on the Judiciaty (H.Rept. 101-863) 

Placed on House Private Calendar (Private 36) 


Motion by FOLEY (D-WA) to consider in the House, as if in Committee of the 

Whole 



Passed (agreed to) (by Voice Vote) 












Became Private Law No. 101-11 

Abstract 

(from Congressional Research Sewice, Library of Congress) 

Directs the Secretary of the Treasury to pay a specified sum to a named 

Nebraska corporation in full satisfaction of any claim against the United States arising 

out of the preparation of a proposal in response to a U.S. Army procurement 

solicitation. 


— 

VI 

IZD SESSION 

I 

For the reliefof NebraskaAluminumCastings, Inc. 

s● 3043 

STATES 

SEPTEMBEE13 (legislative day, SEPTEMBER10), 1990 

Mr.EXONintroduced the followingbill; which was read twice and referred to the 

Committee on the Judiciary 

A BILL 

For the relief of Nebraska Aluminum Castings, Inc. 

1 Be it enacted by the 8enate and House of Representa- 

2 tives of the United States of America in Congressassembled, 

3 SEC’I’ION1. SATISFACTION OF CLAIM AGAINST THE UNITED 

4 STATES. 

5 (a) IN GENER&. —The Secretary of the Treasury shall 

6 pay, out of any money in the Treasury not other~se apPro- 

I 

7 priated, the sum of $95,000, plUS interest from March 26, 

8 19s6, t. Nebraska Aluminum castings, Inc., of Hastings, 

9 Nebraska, for costs arising out of the rejection by the United 

10 States Army of aproposal by~ebraska A1uminum Castings, 

11 Inc., in response t. solicitation No. D~ol-s5-B-B060° 

12 issued on AuWst 27, 1985, by the United States Army 

. .

2 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

Troop support command, for hand-held aluminum corn. 

passes. 

(b) CONDITIONOF PAYMENT.—The payment 

of th[, 

sum referred to in subsection (a) shall be in full satisfaction of 

any claim of Nebraska Aluminum Oastings, Inc., against t]l(~ 

United States arising out of the proposal rejection described 

in such subsection. 

(c) RATE OF INTEREST.—The payment of interest a[]- 

thorized by this section shall be computed in the sanl[~ 

manner as interest 

allowable under section 2516(a) of titl(~ 

28, United States Code, for a judgment of the United Stat(’s 

Claims court entered on March 26, 1986. 

SEC.2.LIMITATIONONA!M’ORNEYANDAGENTFEES. 

(a) ~ GENERAL .—Not more than 10 percent of th(’ 

amount appropriated pursuant to section 1 shall be paid to (jr 

received by any agent or attorney for services rendered ill 

connection with the claim described in such section. 

(b) ENFORCEMENT.—Any person who violates the ])r(}- 

visions of this section shall be fined not more than $1,~~()(’ 

o 

1 

101ST 

2D 

II 

Mr.Ex( 

F( 

2 ti~es 

3 SEC’I 

4 

5 

6 Pay, 

7 priat 

8=


-----No. 34 of 37----------------------- 

S.Res. 344 by EXON (D-NE) -- Resolution Concerning the Senate Legal Counsel 

Representation in the Case of Carnessale v. Cranston and Wilson 


Resolution to direct the Senate Legal Counsel to represent Senator Alan Cranston 

and Senator Pete Wilson in the case of Carnessale v. Cranston and Wilson. 

Introduced on Thursday, October 25, 1990 



Introduced by MITCHELL, GEORGE (D-ME) 

No committee referral on introduction 





Passed (agreed to) (by Voice Vote) with preamble 



case. 

Abstract 


Directs the Senate Legal Counsel to represent named Senators in a specified 

Digest 


Directs the Senate Legal Counsel to represent Senators Cranston and Wilson 

in the case of Carnessale v. Cranston and Wilson.

111 

101ST CONGRESS 

2D SESSION 

S.RES. 344 

TO direct the Senate Legal Counsel to represent Senator Alan Cranston and 

Senator Pete Wilson ~nthe case of Ca~nessalev. Cranston and Wilson. 


OCTOBER25 (legislativeda]’, OCTOBER2), 1990 

Mr. EXON(for hfr. MITCHELL)(for himself and Mr. DOLE)submitted the 

followingresolution; which was considered and agreed to 

To direct the 

RESOLUTION 

Senate Legal CounseI to represent Senator Alan 

Cranston and Senator Pete Wilson in the case of Carnessale 

v. Cranston and Wilson. 

Whereas, in the case of Carnessale v. Cranston and Wilson, 

Case No. 90-5245-HLH(EJ, pending in the United States 

District Court for the Central District of California, the 

plaintiff has asserted a claim against Senator Alan Cranston 

and Senator Pete Wilson; 

Whereas, pursuant to sections 703(a) and 704(a)(1) of the Ethics 

in Government Act of 1978, 2 U.S.C. 288b(a) and 

288c(a)(l) (1988), the Senate may direct its co~sel to 

defend the Members of the Senate in civil actions relating to 

their official responsibilities: Now, therefore, be it

2 

1 ResoZved,That the Senate Legal Counsel is directed to 

z 

represent Senator Alan Cranston and Senator Pete Wilsonin 

3 the case of Carnessalev. Cranston and Wilson. 

o 

101STC( 

2DSI 

Expressing 

Evans 

mendi] 

m 

Mr. NuNNh 

Expressin{ 

servic 

the U 

C. Ev 

Whereas I 

Unite( 

of ser 

Senat( 

Whereas 1 

Couns~ 

Whereas F 

nation: 

Couns(

I 


-----No. 35 of 37----------------------- 

S.J. Res. 22 by EXON (D-NE) -- Constitution of the United States, Amendment - 

Federal Budget Procedures 


A joint resolution proposing an amendment to the Constitution relating to Federal 

budget procedures. 








I 





of the Chair 

Abstract 


Constitutional Amendment - Requires the President to submit and the Congress 

to approve a balanced budget for any fiscal year. Requires supermajorities to enact 

any bill that would cause fiscal year appropriations to exceed revenues. 

Digest 


Constitutional Amendment - Requires the President to submit a balanced 

budget to the Congress prior to each fiscal year. 

Requires the Congress to: (1) approve a proposed balanced budget for each 

fiscal year; and (2) adopt measures necessary to assure that fiscal year 

appropriations do not exceed revenues. Permits any bill that would cause a violation 

of this latter requirement to become law only if passed by two-thirds of the Senate 

and the House of Representatives. 

Authorizes a waiver of these provisions during times of declared national 

emergency.

11 

the word 

Id ~OUI’- 

l~lsT CONGRESS 

ISTSESS1”N S.J.RES.22 

I’reposingan amendment to the Constitution relating to Federal budget 

procedures. 

Lrdlessof 

and init 

every 

?dof life 

. prohibuired 

to 


JANUARY25 (legislativeday, JANUARY3), 1989 

~lr. EXON(for himselfand hfr. BENTSEN)introduced the follo~vingjoint 

rt’solution;~vhichlvas read t~viceand referred to the Committee on the Judiciar~’ 

States 

ropriate 

JOINT RESOLUTION 

Proposing an amendment to the Constitution relating to Federal 

budget procedures. 

1 Resolvedby the Senate and House of 

Representatives 

2 of the UnitedStatesof Americain Congressassembled(two- 

3 thirdsof each House concurringtherein),That the following 

4 article is proposed as an amendment to the Constitution of 

5 the United States, which shall be valid to all intents and 

6 purposes as part of the constitution if ratified by the legisla- 

7 tures of three-fourths of the several States within seven years 

8 after its submission to the States for ratification:

1 “ARTICLE- 

2 

2 “SECTION 1. Prior to each fiscal year, the President 

3 shall submit to the Congress a proposed statement of reve- 

101sT 

1s:; 

4 nues and appropriations for the coming fiscal year and shall 

5 recommend to the consideration of Congress such measures 

6 as the President shall judge necessary to assure that appro- 

7 priations do not exceed revenues for that fiscal year. 

8 “SECTION 2. Prior to each fiscal year, the Congress 

9 shall approve a proposed statement of revenues and approcomingfiscal 

year and shall adopt 10 priations for the 

measures 

\fr. DI 

v 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

necessary to assure that appropriations do not exceed revenuesfor 

that fiscalyear. 

“SECTION3. No bill which causes appropriations to 

exceed revenues for a fiscal year shall become law unless 

passed by two-thirds of the Senate and House of Representatives. 

“SECTION4. The Congress may waive the provisions of 

this article for any fiscal year in which a declaration of national 

emergencyis in effect. 

“SECTION5. The Congress shall have the power to enforce 

this article by appropriate legislation. 

“SECTION6. This article shall become effective beginning 

with the later of— 

“(1) the second fiscal year to begin after its ratification, 

or 

Proi 

pr~. 

5t 

26 

s,].)?[s 

.,,, ,.----- --- -,”’. 

“(2) fiscal year 1993.”. . 

o


----No.36 of 37----------------------- 

S.J. Res. 163 by EXON (D-NE) -- Constitution of the United States, Amendment - 

Election of the President and Vice President 


Joint resolution proposing an amendment to the Constitution relating to the 

election of the President and Vice President of the United States. 




introduced by EXON (D-NE) 




Remarks by PRYOR (D-AR) in “Congressional Record” (CR Page S-7350) 

Abstract 


Constitutional Amendment - Provides for the direct election of the President and 

Vice President and eliminates the electoral college. 

Authorizes the Congress to regulate certain other aspects of a presidential 

election. 

Digest 


Constitutional Amendment - Provides for the direct election of the President and 

Vice President and eliminates the electoral college. 

Declares that the times, places, and manner of holding presidential elections 

and entitlement to inclusion on the ballot shall be prescribed by State law, but that 

the Congress may by law make or alter such regulations. 

States that the days for such elections shall be determined by the Congress and 

shall be uniform throughout the United States. Requires the Congress to prescribe 

the times, places, and manner in which the results of such elections shall be 

ascertained and declared. Requires such elections, other than runoff elections, to be 

held not later than the first Tuesday after the first Monday in November and the 

results declared no later than 30 days after the date of the election. 

Authorizes the Congress to provide for the case of death, inability, or withdrawal 

of any candidate for President or Vice President before an election and for the case 

of the death of either the President-elect or Vice President-elect.

II 

101ST 

ISTSESSIONS.J.RES.163 

CONGRESS 

Proposing an amendment to the Constitution relating to the election of the 

President and Vice President of the United States. 


JUNE 22 (legislative day, JANUARY3), 1989 

Mr. EXON(for himself and Mr. PRYOR)introduced the followingjoint resolution; 

which was read twice and referred to the Committee on the Judiciary 


Proposing an amendment to the Constitution relating to the 

election of the President and Vice President of the United 

States. 

1 

Besolved by the Senate and House of Representatives 

2 

of the United States of 

America in Congress assembled 

3 

4 

lowing 

(two-thirdsof each House concurringtherein), That the fol- 

article is proposed as an amendment to the Constitu- 

5 

tion of 

the United Statesj 

which shall be valid to all intents 

6 

7 

and purposes as part of the Constitution when ratified by the 

legislatures of three-fourths of the several States within 

i 

8 

seven years from the date of its submissionby 

the Congress: 

.

t—i 

3 

1 

President and Vice President shall be made from the two 

the 

bd) 

pairs of persons joined as candidates for Presidei~tand vice 

ted 

~ch 

lall 

for 

. 

~ re, 

nt, 

Ice 

~nt 

‘si- 

ifi- 

‘or 

of 

ch 

of 

le 

D- . 

3f 

i- 

ff 

)f 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

President who received the highest numbers of votes cast in 

the election. The pair of persons joined as candidates for 

President and Vice President receiving the greatest number 

of votes in such runoff election shallbe elected President and 

Vice President. 

“SECTION 

4. The times, places, and manner of holding 

such elections and entitlementto inclusionon the ballot shall 

be prescribed by law in each State; but the Congress may by 

law make or alter such regulations. The days for such elections 

shall be determined by Congress and shall be uniform 

throughout the United States. The Congress shall prescribe 

by law the times, places, and manner in which the results of 

such elections shall be ascertained and declared. No such 

election, other than a runoff election, shall be held later than 

the first Tuesday after the first Mondayin November, and the 

results thereof shall be declared no later then thirty days 

after the date on which the election occurs. 

“SECTION5. The Congress may by law provide for the 

case of the death, inability, or withdrawal of any candidate 

for President or Vice President before a President and vice 

President have been elected, and for the case of the death of 

either the President-elect or the Vice President-elect. 

S.I If;:] [s

2 

1 “ARTICLE— 

2 “SECTION 1. The people of the several states and th 

3 District constituting the seat of government of the Unite 

4 States shall elect the President and Vice President. Eac 

5 elector shall cast a single vote for two persons who sha] 

6 have consented to the joining of their names as candidates fo 

7 the offices of President and Vice President. 

8 “SECTION2. The electors of President and Vice Presi 

9 dent in each State shall have the qualifications requisite fo. 

10 electors of the most numerous branch of the State legislature 

11 except that for the electors of President and vice president 

12 any ’State may prescribe by law less restrictive residenc[ 

13 qualifications and for electors of President and Vice President 

14 the Congress may by law establish uniform residence qualifi. 

“.,.aj 

15 cation. 

16 “SECTION 3. The persons joined as candidates fol 

17 President and Vice President havi.ng the weatest number o~ 

18 votes shall be elected president and Vice President, if such 

19 number be at least 50 per centum of the whole n~ber of 

20 votes cast and such number be derived from a majority of the 

21 number of votes cast in each State comprising at least one- 

22 third of the several States. If, after any such election, none of 

23 the persons joined ascand,idate for president andvicepresi- 

24 dent is elected pursuant t. the Precefing parawaph, a runoff 

25 election shall be held within sixty days in which the choiceof


-----No. 37 of 37----------------------- 

S.J. Res. 355 by EXON (D-NE) -- Resolution 

Services During its 20 Years of Existence 

Expressing Appreciation for Amtrak 


A joint resolution to expressappreciationfor the benefit brought to the Nation by 

Amtrak during its 20 years of existence. 

Introduced on Friday, July 27, 1990 











(S.Rept. 101-451) 



Remarks by ARMSTRONG (R-CO) in “Congressional Record” (CR Page S-14396) 

Abstract 


Commemorates the 20th anniversary of the enactment of the Rail Passenger 

Service Act establishing the National Railroad Passenger Corporation (Amtrak). 

Digest 


Commemorates the 20th anniversary of the enactment of the Rail Passenger 

Service Act establishing the National Railroad Passenger Corporation (Amtrak).

,.: 

Calendar No. 

IOIST 

‘“SE’S’”” 

CONGRESS 

S.J.RES.355 

[Report No. 101-4511 

TOexpress appreciation for the benefit brought to the Nation by Amtrak during 

its twenty years of existence. 

IN THE SENATE OF T~ ~TED STATES 

JULY 27 fiegislativeday, JULY 10), 1990 

hr. EXON(for himself, Mr. ADAMS,Mr. AKAKA, Mr. BAUCUS,Mr. BENTSEN, 

Mr. BRADLEY,Mr. BRYAN, Mr. BURDICK,Mr. BYRD, Mr. COATS, Mr. 

CONRAD,Mr. CRANSTON,Mr. D’&To, Mr. DECONCINI,Mr. DIXON,Mr. 

DODD,Mr. FORD,Mr. FOWLEE, Mr. GORE, Mr. GEASSLEY,Mr. INOUYE, 

Mr. KENNEDY,Mr. KERRY, Mr. LAUTENBERG,Mr. LIEBEEW, Ms. M.x- 

KULSKI,Mr. PRYOR,Mr. REID, Mr. ROBB,Mr. ROCKEFELLER,Mr. SAR- 

BANES,Mr. S~ORD, Mr. SINION,Mr. SPECTER,and Mr. DASCHLE)introduced 

the followingjoint resolution; which was read twice and referred to 

the Committee on Commerce, science, and Transportation 

.-. . 

1 

i 

i 

AUGUST30, 1990 

R(~ported,underauthorityof the order of the Senateof August 2 (legislative&y, 

Jtiy 10), 1990, by Mr. HOLLINGS,withoutmendment 


To express appreciation for the benefit brought to the Nation by 

Amtrak during its twenty years of existence. 

~1’hereasoctober 30, 1990, will mark the twentieth anniversary 

of the enactment of the Rail passenger Service Act in 

I 

!; 

I 

‘i 

—.- . . —-

3 

ger 

knd 

nt~~ 

nal 

nty 

and as an energy efficient, environmentally 

benign alternati~’eto 

growing highway and airport congestion; 

11’llcreasCongress has repeatedly been required to preserve 

funfing for a national rail passenger 

system in the face of 

proposals to eliminate Federal assistance for Amtrak, and is 

proud of the success Amtrak has achieved in providing increasingly 

better service at less cost to the Federal taxpayer; 

and 

1~’llereasAmtrti 

1 

has a critical role to play in the future of the 

Nation’s surface transportation system, as the operator of 

both conventional and high-speed rail systems, new systems 

based on magnetic levitation, and contract commuter r~ 

systems: Now, therefore, be it 

Resolved by the Senate and House of Representatives 

~ck 

ais- 

)70 

!taeen 

~a 

in- 

Dad 

tin 

1in 

the 

Iin 

by 

laridiop- 

48 

~ 

3 

4 

5 

6 

7 

8 

9 

10 

of the United ~tates of Amem”cain Congress assembled, 

That the enactment twenty years ago of the Rail Passenger 

Service Act and the creation of Amtrak had the important 

effect of preserving a national rail passenger system and of 

providing Americans with an energy efficient, environmentally 

benign transportation alternative, and that Amtrak 

has successfully demonstrated that it has an increasingly 

important role to play in the future of the Nation’s transportation 

system. 

Pr 

I 

sa 

tern 

:

I 

I 

I 

2 

1970, which established the National Railroad Passenger 

Corporation, better known as Amtrak; 

Whereas Amtrak has”dramatically fiproved both the quality and 

the economics of rail passenger service in the past twent~~ 

years and provides a marketable Wd highly desired national 

transportation service, with over two hundred and twentv 

~ 

trains each day operating over twenty-four thousand trac~ 

~ 

I 

miles through forty-four States; 

● 

Whereas Amtrak carries passengers more miles and longer dis- 

●- 

4 4 tances than carried by all the passenger railroads in 1970 

prior to the establishment of Amtrak, provides transporta- 

-i 

-11 

,- 

.. 

t. 

.“ 

tion to nearly twenty-two million intercity and seventeen 

million commuter passengers each year, and serves as a 

vital national transportation link to rural America, which increasingly 

is losing other modes of public transportation; 

.i 

,. 

.) 

Whereas Amtrak employs nearly twenty-four thousand railroad 

employees, who cumulatively earn over $1,000,000,000 in 

annual taxable income, and procures over $350,000,000 iII 

goods and services from domestic companies across the 

country; 

Whereas the country is witnessing a remarkable resurgence in 

support for a national rail passenger system, reflectedby 

trains that frequently are sold out far in advance of depar- 

ture md by increasing demands across the country for addi- 

tional Amtrak service; 

I 

~ereas Amtrak is now covering over 73 per centum of its Operating 

costs without Federal support, compared to just 48 

per centurn in 1981, and is committed to covering 100 per 

centum of its operating costs by the year 2000; 

Whereas rail passenger serviee increasingly is recognized as a 

Cfitical element 

of a balanced national transportation systefi

101st Congress - The Exon Library

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