Omnibus Budget Reconciliation Act of 1990

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the “Omnibus Budget Reconciliation Act of 1990”.

SEC. 2. TABLE OF TITLES.

Title I.	Agriculture and related programs.
Title II.	Banking, housing, and related programs.
Title III.	Student loans and labor provisions.
Title IV.	Medicare, medicaid, and other health-related programs.
Title V.	Income security, human resources, and related programs.
Title VI.	Energy and environmental programs.
Title VII.	Civil service and postal service programs.
Title VIII.	Veterans’ programs.
Title IX.	Transportation.
Title X.	Miscellaneous user fees and other provisions.
Title XI.	Revenue provisions.
Title XII.	Pensions.
Title XIII.	Budget enforcement.

TITLE I—AGRICULTURE AND RELATED PROGRAMS

SEC. 1001. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.—This title may be cited as the “Agricultural Reconciliation Act of 1990”.

(b) Table of Contents.—The table of contents of this title is as follows:

Sec. 1001.	Short title; table of contents.
Subtitle A—Commodity Programs
Sec. 1101.	Triple base for deficiency payments.
Sec. 1102.	Calculation of deficiency payments based on 12-month average.
Sec. 1103.	Acreage reduction program for 1991 crop.
Sec. 1104.	Acreage reduction programs for 1992 through 1995 crops.
Sec. 1105.	Loan origination fees and other savings.
Subtitle B—Other Agricultural Programs
Sec. 1201.	Authorization levels for rural electric and telephone loans.
Sec. 1202.	Authorization levels for FmHA loans.
Sec. 1203.	APHIS inspection user fee on international passengers.
Sec. 1204.	Additional savings and other provisions.
Subtitle C—Effective Date
Sec. 1301.	Effective date.
Sec. 1302.	Readjustment of support levels.

[104 Stat. 1388-1 to 1388-27 omitted (27 pages)]

“(d) Ability to Benefit.—In order for a student who is admitted on the basis of ability to benefit from the education or training offered to be eligible for any grant, loan, or work assistance under this title, the student shall, prior to enrollment, pass an independently administered examination approved by the Secretary.”.

(b) Conforming Amendment.—Section 481(b) of the Higher Education Act of 1965 (20 U.S.C. 1088(b)) is amended in the fourth sentence by inserting “, except in accordance with section 484(d) of this Act,” after “shall not”.

(c) Effective Date.—The amendments made by this section shall apply to any grant, loan, or work assistance to cover the cost of instruction for periods of enrollment beginning on or after January 1, 1991.

SEC. 3006. MAXIMUM SLS LOAN AMOUNTS.

(a) Effective Date Extension.—Section 2003(b)(2) of the Omnibus Budget Reconciliation Act of 1989 is amended by striking “1991” and inserting “1996”.

(b) Period for Determination of Maximum Loan Amounts.—Section 428A(b)(1) of the Higher Education Act of 1965 (20 U.S.C. 1078–1(b)) is amended by striking “9 consecutive” and inserting “7 consecutive”.

SEC. 3007. AMENDMENTS TO BANKRUPTCY LAWS.

(a) Automatic Stay and Property of the Estate.—(1) Section 362(b) of title 11, United States Code, is amended—

(A) in paragraph (12), by striking “or” at the end thereof;

(B) in paragraph (13), by striking the period at the end thereof and inserting a semicolon; and

(C) by inserting immediately following paragraph (13) the following new paragraphs:

“(14) under subsection (a) of this section, of any action by an accrediting agency regarding the accreditation status of the debtor as an educational institution;

“(15) under subsection (a) of this section, of any action by a State licensing body regarding the licensure of the debtor as an educational institution; or

“(16) under subsection (a) of this section, of any action by a guaranty agency, as defined in section 435(j) of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) or the Secretary of Education regarding the eligibility of the debtor to participate in programs authorized under such Act.”.

(2) Section 541(b) of title 11, United States Code, is amended—

(A) in paragraph (1), by striking “or” at the end thereof;

(B) in paragraph (2), by striking the period at the end thereof and inserting a semicolon and “or”; and

(C) by adding at the end thereof the following new paragraph:

“(3) any eligibility of the debtor to participate in programs authorized under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.; 42 U.S.C. 2751 et seq.), or any accreditation status or State licensure of the debtor as an educational institution.”.

(3) The amendments made by this subsection shall be effective upon date of enactment of this Act.

(b) Treatment of Certain Education Loans in Bankruptcy Proceedings.—(1) Section 1328(a)(2) of title 11, United States Code, is amended by striking “section 523(a)(5)” and inserting “paragraph (5) or (8) of section 523(a)”.

(2) The amendment made by paragraph (1) shall not apply to any case under the provisions of title 11, United States Code, commenced before the date of the enactment of this Act.

SEC. 3008. SUNSET PROVISION.

The amendments made by this subtitle shall cease be effective on October 1, 1996.

Subtitle B—Labor Related Penalties

SEC. 3101. OCCUPATIONAL SAFETY AND HEALTH.

Section 17 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 666) is amended—

(1) in subsection (a), by striking “$10,000 for each violation” and inserting “$70,000 for each violation, but not less than $5,000 for each willful violation; and

(2) in subsections (b), (c), (d), and (i), by striking “$1,000” and inserting “$7,000”.

SEC. 3102. MINE SAFETY AND HEALTH.

Section 110 of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 820) is amended—

(1) in subsection (a), by striking “$10,000” and inserting “$50,000”; and

(2) in subsection (b), by striking “1,000” and inserting “$5,000”, and

SEC. 3103. FAIR LABOR STANDARDS.

Section 16(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(e)) is amended—

(1) in the first sentence—

(A) by striking “or any person who repeatedly or willfully violates section 6 or 7”; and

(B) by striking “not to exceed $1,000 for each such violation” and inserting “not to exceed $10,000 for each employee who was the subject of such a violation”;

(2) by inserting after the first sentence the following: “Any person who repeatedly or willfully violates section 6 or 7 shall be subject to a civil penalty of not to exceed $1,000 for each such violation.”,

(3) by striking “such penalty” each place the term appears except after “appropriateness of” and inserting “any penalty under this subsection”, and

(4) in the last sentence, by striking “Sums” and inserting “Except for civil penalties collected for violations of section 12, sums”; and

(5) by inserting at the end the following new sentence: “Civil penalties collected for violations of section 12 shall be deposited in the general fund of the Treasury.”.

[104 Stat. 1388-30 to 1388-629 omitted (600 pages)]

(4) The Congressional Budget Office shall be exempt from section 203 of the Congressional Budget Act of 1974 with respect to any book, record, or information made available under this subsection and determined by the Director to be confidential under paragraph (1).

(f) Requirement to Report Legislation.—(1) The committees of jurisdiction in the House shall prepare and report to the House no later than September 15, 1991, legislation to ensure the financial soundness of GSEs and to minimize the possibility that a GSE might require future assistance from the Government.

(2) It is the sense of the Senate that the committees of jurisdiction in the Senate shall prepare and report to the Senate no later than September 15, 1991, legislation to ensure the financial safety and soundness of GSEs and to minimize the possibility that a GSE might require future assistance from the Government.

(f) President’s Budget.—The President’s annual budget submission shall include an analysis of the financial condition of the GSEs and the financial exposure of the Government, if any, posed by GSEs.

Approved November 5, 1990.