The world's political record
Person
![Official portrait of Rep. Saiki, Patricia [R-HI-1]](https://www.congress.gov/img/member/s000014_200.jpg)
United States · Official source
828 records where Rep. Saiki, Patricia [R-HI-1] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 27 October 1990
Declares a named individual to have been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act.
United States · United States Congress · 23 October 1990
Designates the room numbered H-235 in the House of Representatives wing of the Capitol as the Lindy Claiborne Boggs Congressional Women's Reading Room.
United States · United States Congress · 17 October 1990
Commends Taiwan for its development of coastal marine mammal protection measures. Encourages Taiwan to: (1) expedite the cessation of large-scale driftnet fishing and other practices destructive to dolphins; (2) add all coastal cetaceans, including false killer whales, to the list of protected species under the Wildlife Conservation Act of 1989 and rigorously enforce such Act; and (3) continue to work with other countries and conservation organizations to aid in the conservation of all natural resources.
United States · United States Congress · 11 October 1990
Provides that in the case of Federal annuities, the repeal of the three-year basis recovery rule by the Tax Reform Act of 1986 shall apply only in cases where the starting date is after the date of the enactment of such Act. Allows six months after the date of enactment of this Act for claims for refund or credit of any overpayment of tax which would otherwise be barred by Federal law or regulation.
United States · United States Congress · 10 October 1990
Designates November 16, 1990, as National Federation of the Blind Day.
United States · United States Congress · 3 October 1990
Expresses the sense of the House of Representatives that the Senate should give its advice and consent to ratification of the International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers.
United States · United States Congress · 13 September 1990
Deposit Insurance Funds Protection Act of 1990 - Amends the Federal Deposit Insurance Act to repeal the specified maximum assessment rates for Bank Insurance Fund members and Savings Association Insurance Fund members. Directs the Federal Deposit Insurance Corporation to: (1) set assessment rates for insured depository institutions at such times as it determines, in its sole discretion, to be appropriate; and (2) provide public notice of assessment rate changes within a 60 day time-frame.
United States · United States Congress · 12 September 1990
Universal Childhood Security Act - Title I: Foreign Assistance Programs - Requires that specified minimum amounts from aggregate U.S. funding for international development and economic assistance programs, for each of FY 1991 through 1996, be available only for: (1) child survival activities, including those authorized under the Foreign Assistance Act of 1961; and (2) programs in support of basic primary education, including teacher training and other necessary activities. Declares the sense of the Congress that the World Bank should: (1) give greater priority to child survival and development, including support of basic education activities; and (2) devote five percent or more of its annual lending programs to primary health and five percent to primary education. Title II: Domestic Programs - Declares the sense of the Congress that it should increase participation in the special supplemental food program for women, infants, and children (the WIC program) by 20 percent per year in each of 1991 through 1995, so that the goal of full participation may be reached by the end of FY 1995. Declares the sense of the Congress that it should follow through on providing full funding for the Head Start program of early childhood education and childhood development, so that the goal of participation of all eligible three- and four-year-old children can be reached by FY 1994.
United States · United States Congress · 11 September 1990
Grants free mailing privileges to members of the armed forces who are temporarily deployed overseas for an operational contingency in arduous circumstances. Provides for reimbursement of the U.S. Postal Service for matter sent in the mails under such authority from legislative branch appropriations for franked mailings. Terminates such provisions on June 30, 1991.
United States · United States Congress · 3 August 1990
Violence Against Women Act of 1990 - Title I: Safe Streets for Women - Safe Streets for Women Act of 1990 - Subtitle A: Federal Penalties for Sex Crimes - Amends Federal law to require the U.S. Sentencing Commission to create or amend guidelines to provide for: (1) up to twice the term of imprisonment or fine for violation, after the first conviction, of Federal laws relating to sexual abuse or similar laws of any State or foreign country; and (2) specified minimum terms of imprisonment for aggravated sexual assault, sexual assault, and abusive sexual contact. Amends the Federal criminal code to increase the penalties for sexual abuse of a minor or ward and for abusive sexual contact. Directs the U.S. Sentencing Commission to promulgate guidelines or amend existing guidelines to incorporate the increase in maximum penalties for aggravated sexual assault, sexual assault, abusive sexual contact, and sexual abuse of a minor or award. Requires that a court order restitution for violations of such Federal sexual abuse laws. Subtitle B: Law Enforcement and Prosecution Grants to Reduce Violent Crime Against Women - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require the Director of the Bureau of Justice Assistance to make grants to areas of high intensity crime against women. Requires that the grants be used for personnel, equipment, training, technical assistance, and information systems for the more widespread apprehension, prosecution, and adjudication of persons committing violent crimes against women. Authorizes the Director to make grants to States, for use by States and their subdivisions, for purposes outlined in this Act and to reduce the rate of violent crimes against women. Authorizes the Director, in addition to the grants under this subtitle, to direct any Federal agency, with or without reimbursement, to use its authorities and resources in support of State and local assistance efforts. Authorizes appropriations. Subtitle C: Safety for Women in Public Transit and Public Parks - Directs the Secretary of Transportation, from funds authorized under existing provisions, to make capital grants for the prevention of crime and to increase security in existing and future public transportation systems. Authorizes the Secretary to make grants and loans to States and local public bodies to increase the safety of public transportation through lighting, camera surveillance, security phones, or other projects. Sets the Federal share of each project at 90 percent of the net cost. Directs the Secretary to provide grants and loans to study ways to reduce violent crimes against women in public transit through better design or operation of public transit systems. Amends the Land and Water Conservation Act of 1965 to require the Secretary of the Interior to provide grants for capital improvements and other measures to increase safety in public parks and recreation areas. Authorizes appropriations. Requires the Secretary to: (1) direct the chief law enforcement official within the National Park Service to compile a list of areas within the national park system with the highest rates of violent crime and make recommendations for capital improvements and other measures needed to reduce the rates of violent crime, including sexual assault; and (2) obligate up to $10,000,000 to the national park system for safety measures such as increasing lighting, providing emergency telephone lines, and increasing security and law enforcement personnel. Amends the Public Health Service Act to authorize funding for: (1) rape prevention and education programs conducted by rape crisis centers; and (2) rape prevention demonstration projects to develop and evaluate techniques for lowering the overall incidence of rape by 20 percent by the year 2000 and for reducing the trauma and long-term impact of rape. Authorizes appropriations. Subtitle D: National Commission on Violent Crime Against Women - Establishes the National Commission on Violent Crime Against Women to promote a national consensus on violent crime against women and to make recommendations on reducing such crime. Authorizes appropriations. Terminates the Commission after submission of its final report, subject to extension by the President for up to one year. Title II: Safe Homes for Women - Safe Homes for Women Act of 1990 - Subtitle A: Interstate Enforcement - Provides for a Federal term of imprisonment or fine, in addition to any State penalties, for any person who travels or causes another (including the intended victim) to travel in interstate commerce with intent to injure his or her spouse and who violates a law of any State concerning domestic or family violence. Provides for imprisonment and fines for interstate violation of protection orders, including increased penalties for repeated offenses and for offenses involving serious bodily injury. Mandates that a court order restitution to the victim of an offense under this Act. Requires, provided certain conditions are met, that a protection order issued by the court of one State be accorded full faith and credit by the court of another State. Subtitle B: Arrest in Spousal Abuse Cases - Amends the Family Violence Prevention and Services Act (FVPSA) to prohibit a State or locality from receiving a grant under existing provisions if, as a matter of policy or law, it discriminates against family violence victims by prohibiting or discouraging the arrest of persons committing family violence. Declares that proof that a State or locality permits warrantless misdemeanor arrests based on probable cause in domestic violence situations is sufficient, but not necessary, to show such nondiscrimination. Requires certification of compliance. Amends provisions of the Victims of Crime Act of 1984 relating to grants for crime victim assistance to require certification that a State does not engage in such discrimination against family violence victims. Makes warrantless misdemeanor arrests sufficient to show compliance. Bars any State, locality, or group of States or localities from receiving funds under such Act without certification that it does not discriminate against victims of family violence by prohibiting or discouraging the arrest of persons committing family violence. Amends the FVPSA to authorize the Secretary of Health and Human Services to make grants to eligible States, municipalities, or local government entities, with regard to spousal or family violence, to centralize police enforcement, tracking of cases, prosecution, and judicial responsibility. Directs the Secretary of Health and Human Services to delegate to the Attorney General responsibility for carrying out these provisions and transfer to the Attorney General a limited amount of funds appropriated under existing provisions. Subtitle C: Funding for Shelters - Amends the FVPSA to authorize appropriations to carry out that Act, earmarking at least 60 percent of funds appropriated for State demonstration grants to prevent family violence and provide immediate shelter and related assistance. Subtitle D: Judicial Training - Directs the Attorney General, from funds appropriated under specified provisions of the FVPSA, to provide a certain amount to the State Justice Institute for developing model programs for training judges in the laws of the States on spousal abuse and family violence. Title III: Civil Rights - Declares that all persons within the United States shall have the same rights, privileges, and immunities in every State as are enjoyed by all other persons to be free from crimes of violence motivated by the victim's gender (defined as rape, sexual assault, or abusive sexual contact motivated by gender-based animus). Makes any person, including a person who acts under color of any statute, ordinance, regulation, custom, or usage of any State, who deprives another of the rights, privileges, and immunities secured by the Constitution and laws as enumerated by this Act liable to the injured party for compensatory and punitive damages.
United States · United States Congress · 3 August 1990
Native American Language Act - States that it is U.S. policy to: (1) promote the rights and freedom of Native Americans to use, practice, and develop Native American languages; (2) allow exceptions to teacher certification requirements for Federal or federally funded programs for instruction in such languages when such requirements hinder employment of qualified Native American language teachers and to encourage State and territorial governments to make similar exceptions; (3) encourage and support the use of such languages as a medium of educational instruction; (4) encourage State and local education programs to work with Native American parents, educators, and governing bodies to implement programs to put this policy into effect; (5) recognize the right of such bodies to use such languages as a medium of instruction in all schools funded by the Secretary of the Interior; (6) recognize the right of such bodies, States, and U.S. territories and possessions to take action on, and give official status to, their Native American languages for purposes of conducting their own business; and (7) encourage all appropriate institutions of elementary, secondary, and higher education to include such languages in their curricula and to grant the same full academic credit for competency in such languages as for foreign languages to fulfill foreign language entrance or degree requirements. Declares that the right of Native Americans to express themselves through their languages shall not be restricted in any public proceeding, including publicly supported education programs. Requires the President to direct Federal agency heads to: (1) evaluate their policies and procedures to determine and implement changes needed to bring them into compliance with this Act; and (2) evaluate the laws they administer and make recommendations to the President on amendments needed to bring such laws into compliance with this Act. Directs the President to report such recommendations to the Congress. Provides that this Act shall not be construed as precluding the use of Federal funds to teach English to Native Americans.
United States · United States Congress · 3 August 1990
Designates September 1991 as National Rice Month.
United States · United States Congress · 3 August 1990
Designates October 17, 1990, as National Drug-Free Schools and Communities Education and Awareness Day.
United States · United States Congress · 3 August 1990
Designates the week of September 23, 1990, as Religious Freedom Week.
United States · United States Congress · 3 August 1990
Designates September 15 to October 15, 1990, as Community Center Month.
United States · United States Congress · 2 August 1990
Amends the Public Health Service Act to modify the formula for determining the minimum amount of allotments to States for acquired immune deficiency syndrome (AIDS) public information activities to allow the amount to be equal to the amount received by the State from the Secretary of Health and Human Services, through the Director of the Centers for Disease Control, for FY 1989 for such activities, if those receipts are greater than the amounts under the alternatives specified by existing law.
United States · United States Congress · 31 July 1990
Radio Free Asia Act of 1990 - Amends the Board for International Broadcasting Act of 1973 to grant authority to the Board for International Broadcasting to operate a Radio Free Asia broadcasting service for the peoples of Southeast Asia. Revises the composition of the Board to add two additional members to be selected by the President from Americans with a knowledge of the people of Cambodia, Vietnam, and Laos. Allows funds made available to Radio Free Europe and Radio Liberty to be used by Radio Free Asia. Authorizes appropriations for FY 1991 to establish Radio Free Asia. Requires the Board to report to the Congress on the desirability of the geographic expansion of funded broadcasts, particularly to Africa and the Middle East.
United States · United States Congress · 27 July 1990
Title I: Research - Subtitle A: Health Research Act - Women's Health Research Act - Amends the Public Health Service Act to establish within the Office of the Assistant Secretary for Health the Office of Women's Health to coordinate all activities and research of the Department of Health and Human Services relating to disease, disorders, or other health conditions that are unique to, more prevalent in, or more serious for women, or for which risk factors or interventions are different for women. Establishes in the National Institutes of Health (NIH) the National Center for Women's Health Research and Development. Requires the Center, with respect to women's health research, to: (1) identify research projects conducted or supported by each agency of the NIH and of the Alcohol, Drug Abuse, and Mental Health Administration (ADAMHA); (2) evaluate such projects and select those that have particular merit; (3) provide amounts to the agencies for the projects; and (4) take other actions. Requires the Director of the Center to: (1) investigate the extent to which women are being included in NIH or ADAMHA research; (2) investigate whether the projects are being carried out in accordance with policies regarding the inclusion of women; (3) coordinate NIH and ADAMHA research with respect to women's health; and (4) take other actions. Requires the Director of the National Institute of Child Health and Human Development to conduct a program for clinical research in obstetrics and gynecology. Requires the Director of the Center to establish the National Women's Health Data Bank and the National Women's Health Clearinghouse. Directs the Secretary of Health and Human Services to establish: (1) within the Center the National Women's Health Clinical Research Advisory Board; and (2) the Interagency Council on Women's Health Research and Development. Authorizes appropriations. Subtitle B: Clinical Trials Fairness Act - Clinical Trials Fairness Act - Amends provisions of the Public Health Service Act relating to the national research institutes and provisions relating to the Alcohol, Drug Abuse, and Mental Health Administration (ADAMHA) to direct the Secretary of Health and Human Services to ensure, in conducting or supporting clinical research, that women and minority groups are included as research subjects, unless inappropriate. Requires that any project be designed and carried out so as to provide for a valid analysis of whether the research variables affect women or minorities differently than other subjects. Directs the Secretary to establish within the advisory council of each institute and each agency of ADAMHA a Clinical Research Equity Subcommittee to review all clinical research of that agency to determine whether the research is being conducted in accordance with requirements of this Act. Provides for suspension or revocation of the authority for any project the Secretary determines is not being conducted in accordance with those requirements. Defines "minority groups" to mean racial and ethnic minority groups. Requires that the technical and scientific peer review process in the institutes and ADAMHA include an evaluation of the inclusion of women and minority groups as research subjects. Subtitle C: Breast Cancer Research - Authorizes appropriations to the National Cancer Institute for breast cancer research other than research that involves treatment or clinical trials. Subtitle D: Contraceptive and Infertility Research Centers Act of 1990 - Contraception and Infertility Research Centers Act of 1990 - Amends the Public Health Service Act to require the Director of the Institute of Child Health and Human Development to make grants and enter into contracts for centers for improving methods of contraception and centers for diagnosing and treating infertility. Requires the Director, subject to appropriations, to provide for three centers on contraception and two centers on infertility. Requires each center to: (1) conduct clinical and other applied research; (2) develop training protocols for and conduct training of physicians, scientists, nurses, and other health and allied health professionals; (3) develop model continuing education programs; and (4) disseminate information to such professionals. Allows a center to use the funds to provide: (1) stipends for health and allied health professionals enrolled in the training programs; and (2) fees to individuals serving as subjects in the clinical trials. Requires each center to use the facilities of a single institution, or be formed from a consortium of cooperating institutions, meeting requirements as prescribed by the Secretary of Health and Human Services. Allows support for a center to be for a period of up to five years, with extensions of one or more periods of up to five years if the center's operations have been reviewed by a peer review group and the group has so recommended. Authorizes appropriations. Amends the Public Health Service Act to direct the Secretary to establish a program of entering into agreements with health professionals, including graduate students, under which the professionals agree to conduct research with respect to contraception or infertility in consideration of the Government agreeing to repay, for each year of such service, not more than a specified amount of the principal and interest of their educational loans. Applies provisions of the National Health Service Corps Loan Repayment Program to this program, except as inconsistent. Authorizes appropriations. Requires amounts appropriated to remain available until the end of the second fiscal year after they are appropriated. Subtitle E: Contraception and Infertility - Declares that the Congress should: (1) establish a program of research for the development of methods of contraception and methods of diagnosing and treating infertility; (2) provide adequate long-term resources for the program; (3) ensure that Federal programs with respect to sexually transmitted diseases adequately respond to the role of such diseases in infertility; (4) ensure public education on contraception and infertility; (5) establish as Federal goals the development, by the year 2010, of improved barrier methods to protect against pregnancy and diseases, new methods of contraception for use by men, a vaccine-like drug for women that prevents pregnancy for a significant period of time without other specified effects, and new and improved techniques of diagnosing and treating infertility; (6) require the Secretary of Health and Human Services to reestablish the Ethical Advisory Board in order to facilitate research with respect to infertility; (7) review the policies and procedures of the Food and Drug Administration with respect to expediting approval of drugs and devices for use by the public, especially with respect to contraception and infertility; and (8) determine to what extent measures can be implemented by public or private entities to resolve liability issues involved with drugs and devices concerned with contraception and infertility. Subtitle F: Women and AIDS Research Initiative - Women and AIDS Research Initiative Amendments of 1990 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services, through the Director of the National Institutes of Health (NIH), the Administrator of the Alcohol, Drug Abuse, and Mental Health Administration, or both, to establish a program to conduct biomedical and behavioral research on cases of infection with the etiologic agent for acquired immune deficiency syndrome (AIDS) in women. Authorizes the Secretary to conduct the research directly or through grants. Specifies forms of research to be included. Authorizes appropriations. Authorizes appropriations for grants for community-based clinical trials on experimental treatments for such infection for women. Allows the Director of the NIH to authorize grantees to expend the grants to provide individuals with such transportation, child care, and other incidental services as may be necessary to enable the individuals to participate as subjects in the trials. Subtitle G: Osteoporosis and Related Disorders Research - Osteoporosis and Related Bone Disorders Research, Education, and Health Services Act of 1990 - Amends the Public Health Service Act to require the Director of the National Institute of Arthritis and Musculoskeletal and Skin Diseases (NIAMSD) and the Director of the National Institute on Aging (NIA) to expand and intensify research on osteoporosis and related bone disorders. Requires, with respect to osteoporosis and related bone disorders: (1) the NIAMSD Director to increase the number of Specialized Centers of Research; and (2) the NIA Director to increase the number of program project grants devoted to creating centers of excellence. Authorizes appropriations. Establishes in the Department of Health and Human Services the Interagency Council on Osteoporosis and Related Disorders and the Advisory Panel on Osteoporosis and Related Disorders. Authorizes appropriations for the Advisory Panel. Directs the Secretary of Health and Human Services to make up to three grants to establish model health promotion projects for community-based education on osteoporosis, with each project targeting one of these groups: young and teenage girls, midlife women, and older men and women. Authorizes appropriations. Requires the NIAMSD Director to make grants or enter into contracts to establish a Resource Center on Osteoporosis and Related Disorders to: (1) disseminate information about research results, services, and educational materials to health professionals, patients, and the public; and (2) coordinate regional training for the development of health professional resource networks. Requires grant and contract recipients to establish: (1) a central computerized information system to, among other matters, translate scientific and technical information into information readily understandable by the general public; and (2) a national toll-free telephone information line. Requires the grant or contract recipient to charge fees for providing information, but allows exceptions for individuals and organizations unable to pay. Authorizes appropriations. Title II: Services - Subtitle A: Informed Consent for Breast Cancer Treatment - Breast Cancer Treatment Informed Consent Act - Requires any State receiving funds under titles V (Maternal and Child Health Block Grant) or XIX (Medicaid) of the Social Security Act or under the preventive health service provisions of the Public Health Service Act to require any physician or surgeon licensed to practice medicine in such State to inform any breast cancer patient of alternative methods of treatment for breast cancer before such treatment is begun. Requires that the patients be informed by means of: (1) a standardized written summary in layman's language and in a language understood by the patient of alternative methods of treatment; and (2) an explanation of the treatment options described in such written summary together with the risks associated with each procedure relative to each patient's particular medical circumstances. Subtitle B: Reimbursement for Certain Nurse Practitioners Under Medicare and Medicaid - Women's Health Care Coverage Expansion Act of 1990 - Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to provide Medicare and Medicaid coverage of obstetrical and gynecological services furnished by nurse practitioners. Subtitle C: Adolescent Pregnancy and Parenthood Act of 1990 - Mickey Leland Adolescent Pregnancy Prevention and Parenthood Act of 1990 - Replaces the current title XX (Adolescent Family Life Demonstration Projects) of the Public Health Service Act with a new title on adolescent pregnancy prevention, care, and research grants. Authorizes the Secretary of Health and Human Services to make grants to provide care services to pregnant adolescents and adolescent parents and prevention services to nonpregnant adolescents. Lists permissible uses for the grants. Requires that grantees charge fees for services only according to a fee schedule approved by the Secretary that bases fees on income. Prohibits a grantee from discriminating on the basis of an individual's inability to pay for services. Sets forth priorities in making the grants. Provides for the amount of a grant. Prohibits the Federal portion of the grant from exceeding 75 percent of annual program costs. Allows non-Federal contributions to be in cash or in kind. Allows the Secretary to waive the 75 percent limitation in accordance with criteria established by regulation. Sets forth descriptions and assurances which must be included in grant applications. Requires grant recipients to spend between three and ten percent to conduct, through an independent entity, an evaluation of the services supported. Directs the Secretary to coordinate Federal policies and programs providing services relating to the prevention of initial and recurrent adolescent pregnancies and providing care for pregnant adolescents and adolescent parents. Requires grant recipients to coordinate activities with other grant recipients in the same locality. Authorizes the Secretary to make grants to support: (1) research concerning the societal causes and consequences of pregnancy, childbearing, and child rearing for adolescent females and males; (2) evaluative research to identify services that reduce adolescent pregnancy rates and that improve the outcome of adolescent childbearing; and (3) the dissemination of information from programs and research relating to adolescent pregnancy and parenthood. Allows research and dissemination grants to be made for one year, with renewals for four additional one-year periods. Limits the amount of a grant for direct costs, but allows: (1) additional amounts for indirect costs as the Secretary deems appropriate; and (2) the Secretary to waive the limitation. Sets forth allowed and prohibited uses of the funds. Directs the Secretary to coordinate research and dissemination activities carried out under these provisions with such activities carried out by the National Institutes of Health (NIH). Directs the Secretary to establish a system for the review of applications that is substantially similar to the system for scientific peer review of the NIH. Requires the creation of a panel to review applications. Requires grants to be made from among programs the panel has determined to be of scientific merit. Authorizes appropriations for carrying out the title added by this subtitle. Prohibits use of funds for grants under this subtitle for payment for the performance of an abortion. Subtitle D: COBRA Displaced Family Amendments Act of 1990 - COBRA Displaced Family Amendments of 1990 - Amends the Internal Revenue Code, the Employee Retirement Income Security Act of 1974, and the Public Health Service Act to declare that specified provisions relating to the required period of group health plan continuation coverage do not apply to the qualifying events of death, divorce, or legal separation involving a beneficiary who is 50 years old or older. Requires that coverage continue until the 23rd birthday for a beneficiary under 20 years old at the time of such an event involving a covered employee 50 years old or older. Entitles beneficiaries who have applied for, but not received, a determination of disability before the end of an 18 month period after the qualifying event to a continuation period of 29 months. Requires that notice of the option to enroll under a conversion plan be given during the 120-day period ending 60 days before the expiration of the continuation coverage. (Current law requires such notice be given during the 180-day period ending on the expiration date of the continuation coverage.) Allows continuation coverage to end on the date on which the employer or successor employer (currently, the employer) ceases to provide any group health plan to any employee. Subtitle E: Federal Employee Family-Building Act - Federal Employee Family-Building Act of 1989 - Requires any contract for health benefits for Federal employees that provides obstetrical benefits to also provide benefits for family-building procedures. Provides that payment terms or conditions under such contracts shall be no more restrictive for family-building benefits than for obstetrical benefits. Requires such contracts to provide that: (1) benefits shall consist of reimbursement for reasonable and necessary medical expenses and counseling fees directly relating to the adoption of a child; and (2) benefits shall be available in connection with obstetrical care for the biological mother and medical care for the child if, or to the extent that, the pre-adoptive or adoptive parent or parents are legally responsible for the cost of such care. Directs the Office of Personnel Management to authorize the use of sick leave for purposes relating to family-building procedures. Defines "family-building procedure" as a medical procedure to overcome infertility (including procedures to achieve pregnancy and procedures to carry pregnancy to term) and procedures relating to child adoption. Title III: Prevention - Subtitle A: Medicaid Infant Mortality Amendments of 1990 - Medicaid Infant Mortality Amendments of 1990 - Amends title XIX (Medicaid) of the Social Security Act to phase-in mandatory State coverage of pregnant women and infants whose family income is below 185 percent of the Federal poverty level. Deducts child and medical care costs from the income eligibility test. Directs the Secretary of Health and Human Services to report to the Congress by July 1, 1991, on State error rates in determining the Medicaid eligibility of pregnant women and infants. Suspends error rate penalties attributable to such eligibility determinations made from July 1, 1989, until one year after the Secretary's report. Authorizes States to provide Medicaid coverage of prenatal home visitation services for high-risk pregnant women and/or postpartum home visitation services for high-risk infants. Excuses women, during and for 60 days after pregnancy, from a requirement to cooperate in: (1) establishing paternity regarding a child born out of wedlock; (2) obtaining support and payments. Subtitle B: Breast and Cervical Cancer Mortality Prevention Act of 1990 - Breast and Cervical Cancer Mortality Prevention Act of 1990 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services, through the Director of the Centers for Disease Control, to make grants to States, with regard to breast and cervical cancer, for screening, referrals and follow-up services, public information and education programs, education and training for health professionals, quality monitoring of screening, and evaluations of such activities. Sets forth preferences in making the grants and requires equitable geographical distribution. Requires matching non-Federal funds in a specified ratio. Requires that States agree to: (1) provide all of certain services by a specified date; (2) switch to any improved screening procedures which become available and are recommended for use; and (3) assure the quality of any screening procedures used. Directs the Secretary to establish guidelines for assuring the quality of mammography and cytological screening conducted under these provisions. Requires that low-income women be given priority in the provision of services. Requires that a charge for services, if any: (1) be made according to a public schedule; (2) be adjusted for income of the woman involved; and (3) not be imposed on any woman with incomes below the poverty line. Requires services to be provided throughout a State, including to members of any Indian tribe or tribal organization. Authorizes the Secretary to provide training and technical assistance. Directs the Secretary to provide for annual evaluations of programs carried out under this Act. Authorizes appropriations. Limits the number of grants made to seven in FY 1991. Subtitle C: Mammography Reimbursement Under Medicare - Part 1: Screening Mammography Medicare Coverage Act of 1989 - Screening Mammography Medicare Coverage Act of 1989 - Amends title XVIII (Medicare) of the Social Security Act to cover screening mammographies for women over age 34 under part B (Supplementary Medical Insurance) of the Medicare program. Part 2: The Rose Kushner Medicare Screening Mammography Act of 1990 - Rose Kushner Medicare Screening Mammography Act of 1990 - Amends title XVIII (Medicare) of the Social Security Act to cover screening mammographies for women over age 34 at a frequency which varies on the basis of a woman's age and risk of developing breast cancer. Finances such coverage by increasing the Medicare part B (Supplementary Medical Insurance) premium. Part 3: Older Women's Breast Cancer Prevention Act of 1990 - Older Women's Breast Cancer Prevention Act of 1990 - Amends title XVIII (Medicare) of the Social Security Act to cover screening mammographies for Medicare-eligible women whose last screening mammographies were performed more than 11 months previously. Determines the payment amount for such service pursuant to a fee schedule. Subtitle D: Coverage of Bone Mass Measurement Under Medicare - Medicare Bone Mass Measurement Coverage Act of 1990 - Amends title XVIII (Medicare) of the Social Security Act to provide Medicare coverage of bone mass measurements. Subtitle E: Women and AIDS Outreach and Prevention Act - Women and AIDS Outreach and Prevention Act - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to make grants regarding prevention of acquired immune deficiency syndrome (AIDS) and other sexually transmitted diseases in women, including preventive health services, screening, providing treatment (for such diseases other than AIDS), referrals, and follow-up services. Requires that a grantee be an entity that provides health or voluntary family planning services: (1) to a significant number of low-income women; and (2) in an area with a significant number of AIDS cases in women and in newborn infants. Requires that grantees maintain the confidentiality of information on individuals, subject to complying with applicable law. Authorizes appropriations. Subtitle F: Infertility Prevention Demonstration Projects of 1990 - Infertility Prevention Demonstration Projects Act of 1990 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to make grants for demonstration projects for the prevention and control of the sexually transmitted disease known as chlamydia, including by providing: (1) to women services relating to counseling, screening, treatment, referrals, follow-up, and outreach; and (2) public information and education and data collection. Requires that grantees be grant recipients under specified provisions that provide preventive gynecological health care. Prohibits charging for the services or information. Authorizes appropriations. Limits the number of grants to ten in fiscal year 1991.
United States · United States Congress · 25 July 1990
Church Retirement Benefits Simplification Act of 1990 - Amends the Internal Revenue Code to recodify and revise qualifications for church retirement and pension plans. Makes employee contributions to such plans nonforfeitable. Allows ten-year vesting with a nonforfeitable right to 100 percent of accrued benefits derived from employer contributions. Allows five-to-fifteen year vesting with a nonforfeitable right to a percentage (25% to 100%) of such accrued benefits. Requires the plan to meet minimum vesting requirements. Provides that no employee shall be considered an officer, shareholder, supervisor, or highly compensated employee if such employee receives less than $50,000 per year. Excludes from such consideration employees covered by a collective bargaining agreement if retirement benefits were a subject of good faith bargaining. Recodifies the authority of a church or a convention or association of churches to be treated as an employer making contributions to retirement income accounts. Subjects church-related hospitals and universities to certain coverage and related rules in the case of a contract purchased by a church. Requires distributions from retirement income accounts provided by churches to be in accordance with distributions under cash or deferred arrangements. Provides for determining the beginning date for such distributions. Allows self-employed ministers and chaplains who work for non-church employers to participate in their church plans. Provides that certain rules aggregating employees do not apply to churches. Restores qualified voluntary employee contributions to church plans. Treats self-employed ministers as employees for purposes of certain welfare benefit plans and retirement income accounts. Allows a deduction for contributions to retirement income accounts by such ministers. Provides that a church plan maintained by more than one employer shall not be treated as a single plan. Provides that accounting methods of deferred compensation plans of State and local governments and tax-exempt organizations do not apply to a church plan. Exempts a church plan from the requirement to maintain separate accounts for medical benefits for key employees. Provides that the special rules for computing employee contributions to pension plans do not apply to certain foreign missionaries. Repeals the elective deferral catch-up limitation for church retirement income accounts. Allows church plans to annuitize benefits and increase benefit payments. Provides that rules for self-insured medical reimbursement plans are not applicable to church plans.
United States · United States Congress · 24 July 1990
Financial Crimes Prosecution and Recovery Act of 1990 as Reported By the Committee on the Judiciary of the House of Representatives - Title I: Enhanced Criminal Penalties - Amends Federal criminal law to establish criminal penalties (including imprisonment) for the concealment of assets from the Federal Deposit Insurance Corporation (FDIC) (acting as conservator or receiver) and the Resolution Trust Corporation (RTC) acting as conservator or receiver. Amends the Federal Deposit Insurance Act to prohibit certain felons convicted of dishonesty or breach of trust from controlling or participating in the affairs of a depository institution for a minimum ten-year period. Amends Federal criminal law to establish criminal penalties (including imprisonment) for obstructing any examination of a financial institution. Increases to 30 years (currently, 20 years) the maximum prison term for bank fraud and embezzlement. Establishes a ten-year statute of limitations for the prosecution of racketeering offenses involving financial institutions. Extends money laundering prohibitions to include funds from specified bank crimes. Directs the U.S. Sentencing Commission to promulgate guidelines for increased penalties for certain bank crime convictions in which the defendant derived more than $1,000,000 in gross receipts from the offense. Provides for restoration of forfeited property and for restitution to bank crime victims. Sets forth maximum criminal fines and minimum imprisonment terms for certain continuing financial crime enterprises (i.e., certain violations committed by at least four persons acting in concert). Title II: Protecting Assets from Wrongful Disposition - Authorizes the Attorney General to obtain a court order enjoining or restraining the alienation of disposition of property obtained as a result of a banking law violation. Amends the Federal Deposit Insurance Act to set forth attachment procedures. Amends Federal bankruptcy law to provide that the trustee shall be deemed to have assumed a debtor's commitment to a Federal depository institution regulatory agency to maintain the capital of an insured depository institution (thus precluding the trustee from rejecting such commitment as an executory contract which can be avoided as a discharge in bankruptcy). Exempts a Federal depository institution regulatory agency acting as conservator for an insured depository institution from the requirement of proving reasonable reliance upon a false writing supplied by a debtor who is an institution-affiliated party. Prohibits a discharge in bankruptcy for debts resulting from the debtor's failure to fulfill a commitment to a Federal financial institution regulatory agency to maintain the capital of an insured depository institution. Exempts a Federal depository institution regulatory agency acting as conservator for an insured depository institution from the requirement of a timely nondischargeability request (including notice and hearing) when seeking to recover a debt relating to malfeasance. Declares that for specified cases of deceitful conduct, any institution-affiliated party of an insured depository institution (or credit union) shall be deemed to have been acting in a fiduciary capacity with respect to any debt owed to a Federal banking regulatory agency (thus making such debt nondischargeable in bankruptcy). Makes it a prerequisite of a bankruptcy reorganization plan that the debtor will: (1) maintain any commitment to a Federal banking regulatory agency to maintain the capital of an insured depository institution; and (2) continue to be obligated for any debt to such agency for failure to fulfill such commitment. Makes certain debts owed by an institution-affiliated party to an insured depository institution under Federal receivership nondischargeable under a consumer debt bankruptcy plan. Amends the Federal Deposit Insurance Act to empower the FDIC (acting as conservator) to avoid fraudulent conveyances by a debtor institution-affiliated party. Prohibits an insured depository institution which does not meet minimum Federal capitalization requirements from making golden parachute payments, covered benefit payments, or certain payments in anticipation of insolvency to an institution-affiliated party without prior written Federal agency approval. Cites conditions under which insured depository institutions may make golden parachute payments and covered benefits payments with FDIC approval. Amends the Federal criminal code to revise civil and criminal forfeiture guidelines for: (1) property affecting a financial institution; and (2) fraudulent offenses involving the sale of assets held by Federal banking regulatory agencies. Amends the Federal Deposit Insurance Act to prohibit certain convicted felony debtors whose default to an insured financial institution in receivership will cause substantial loss from acquiring any asset of the institution (except with respect to repayment). Title III: Improved Procedures for Handling Banking-Related Cases - Amends Federal criminal law to authorize wiretaps for bank fraud and related offenses. Amends the Federal Deposit Insurance Act to set forth reciprocal assistance guidelines for foreign investigations by Federal banking agencies and investigations on behalf of foreign banking authorities. Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) to extend to ten years (currently, five years) the statute of limitations for commencing a civil action for Federal bank law violations. Amends the Federal Deposit Insurance Act and the National Credit Union Act to grant the FDIC, the RTC, and the NCUA subpoena authority. Title IV: Structural Reforms to Improve the Federal Response to Crimes Affecting Financial Institutions - Establishes within the Office of the Deputy Attorney General in the Department of Justice a Financial Institutions Fraud Unit, headed by a Special Counsel who shall report directly to the Deputy Attorney General. Terminates such Office five years after enactment of this Act. Empowers the Special Counsel to investigate and prosecute criminal activity involving the financial services industry. Directs the Attorney General to establish: (1) financial institutions fraud task forces; and (2) a senior interagency group to assist in identifying the most significant financial institution fraud cases, to allocate investigative and prosecutorial resources, and to expedite interagency coordination and prosecution of financial institutions fraud. Amends Federal criminal law to authorize the Secret Service (under the direction of the Secretary of the Treasury) to detect and arrest persons who violate banking laws with respect to financial institutions and the Resolution Trust Corporation (RTC). Title V: Reporting Requirements - Directs the Attorney General to report quarterly to the Congress regarding financial institution crimes. Requires the Director of the Administrative Office of the United States Courts to present annual statistical tables to the Congress on the business imposed on the Federal courts by the savings and loan crisis. Title VI: National Commission on Financial Institution Reform, Recovery, and Enforcement - Establishes the National Commission on Financial Institution Reform, Recovery, and Enforcement to make investigations and recommendations regarding specified aspects of the savings and loan crisis. Requires the Commission to submit a final report to the President and the Congress within one year after enactment of this Act. Terminates the Commission 30 days after the submission of such final report. Authorizes appropriations. Title VII: Authorizations - Amends the FIRREA to authorize appropriations to the Attorney General and the Federal Court System for bank crime cases.
United States · United States Congress · 20 July 1990
Directs the Administrator of the Environmental Protection Agency to enter into an agreement with the National Academy of Sciences (NAS) for a study and report to the Congress on: (1) mechanisms for supporting training in the environmental sciences and environmental research through an umbrella research arm, the National Institutes of the Environment, considering research in a wide variety of disciplines; (2) the current state of extramural research support and undergraduate and graduate training relevant to tropical deforestation, species extinction, ecosystem degradation, biological restoration, use of underutilized resources and sustainable resource use, economic consequences of environmental change, and the impacts of humans and the environment on one another; and (3) mechanisms that can be used to advance environmental research and training, their relationship to existing research programs, and appropriate levels and resources of funding. Authorizes appropriations.
United States · United States Congress · 20 July 1990
Bird Conservation Research Act - Requires the Director of the Fish and Wildlife Service to develop a ten-year comprehensive plan for the conservation of migratory nongame birds in the Western Hemisphere to facilitate the detection of trends in bird population declines at the earliest possible time and to enable a determination of the causes of such trends. Requires submission of the developed plan to the President and the Congress. Expresses the sense of the Congress that the President should seek a declaration by appropriate international organizations of a World Decade of Ornithology, to begin on January 1, 1991. Makes Federal Government equipment for studying bird migration available to Federal and non-Federal ornithologists. Requires the Director to support: (1) research on the impact of brown-headed cowbirds, bronzed cowbirds, and shiny cowbirds on populations of native songbirds; and (2) development of effective methods for conserving songbird populations without endangering the continued existence of native cowbird populations.
United States · United States Congress · 19 July 1990
Designates August 6, 1990, as Voting Rights Celebration Day.
United States · United States Congress · 18 July 1990
Children's and Communities' Mental Health Systems Improvement Act of 1990 - Amends the Public Health Service Act to replace a subpart relating to State comprehensive mental health services plans with a subpart relating to comprehensive mental health services for children with serious emotional disturbances. Directs the Secretary of Health and Human Services, through the Director of the National Institute of Mental Health, to make grants to States for comprehensive community mental health services to children with serious emotional disturbances. Prohibits the Secretary from making a grant to a State unless the State is receiving payments under alcohol and drug abuse and mental health services block grant provisions. Requires non-Federal contributions in a specified ratio. Requires State grantees to: (1) establish and operate one or more systems, through grants or contracts, to provide specified types of mental health services to children under 21 years of age; (2) enter into a memorandum of understanding with providers of medical, educational, vocational counseling and vocational rehabilitation, and protection and advocacy services to facilitate the provision of such services without use of grant funds or non-Federal contributions made with respect to the grant; (3) provide case management services; (4) provide services in the language and cultural context that is most appropriate for the child involved; and (5) develop and implement an individualized plan of services for each child admitted to the system. Describes additional services for which a State system may provide. Prohibits the Secretary from making a grant to a State unless the State has a plan, approved by the Secretary, for the development of a State-wide system of care for community-based services for children with serious emotional disturbances. Requires that parents of children with serious emotional disturbances be included as members of the mental health planning council established under existing provisions. Requires that, if a charge is imposed for services under a grant, the charge be made according to a public schedule, adjusted to reflect the income of the family of the child, and not imposed on any child whose family has income and resources at or below the poverty line. Limits grants to States to four years. Allows a State system established under a grant to receive grant funds for two years. Directs the Secretary to provide to a State, on request: (1) technical assistance regarding grant applications; and (2) training and technical assistance on the planning, development, and operation of the systems under this Act. Authorizes the Secretary to provide the technical assistance directly or through grants or contracts. Authorizes appropriations, earmarking a specified sum for the technical assistance and training. Limits the number of grants to ten in FY 1991.
United States · United States Congress · 17 July 1990
Women's Health Research Act - Amends the Public Health Service Act to establish within the Office of the Assistant Secretary for Health the Office of Women's Health to coordinate all activities and research of the Department of Health and Human Services relating to disease, disorders, or other health conditions that are unique to, more prevalent in, or more serious for women, or for which risk factors or interventions are different for women. Establishes within the National Institutes of Health (NIH) the National Center for Women's Health Research and Development to provide funding, from amounts appropriated under specified existing provisions and with regard to women's health research, for research conducted or supported by the NIH or the Alcohol, Drug Abuse, and Mental Health Administration (ADAMHA). Requires the Center Director to: (1) investigate the inclusion of women as subjects in clinical research conducted or supported by the NIH and ADAMHA; and (2) prepare and annually review a plan for establishing a program for clinical research in obstetrics and gynecology to be conducted by the Director of the National Institute of Child Health and Human Development (NICHHD). Requires the NICHHD Director to conduct the program in accordance with the plan. Requires the Center Director to establish: (1) the National Women's Health Data Bank to collect, store, analyze, retrieve, and disseminate data regarding women's health conditions; and (2) the National Women's Health Clearinghouse to disseminate information to health professionals, patients, and the public on women's health conditions. Requires the Center Director to establish within the Center the National Women's Health Clinical Research Advisory Board. Directs the Secretary to establish the Interagency Council on Women's Health Research and Development. Authorizes appropriations.
United States · United States Congress · 16 July 1990
Prohibits U.S. assistance to Malaysia. Requires the Secretary of the Treasury to instruct U.S. executive directors of the International Monetary Fund, the International Bank for Reconstruction and Development, and the International Development Association to oppose all loans to such country. Denies nondiscriminatory treatment (most-favored-nation treatment) to Malaysia. Authorizes the President to waive such prohibitions if Malaysia: (1) agrees to be a country of first asylum to those persons fleeing Vietnam by boat; and (2) terminates the practice of pushing asylum seekers back out to sea.
United States · United States Congress · 13 July 1990
FHA Protection and Homeownership Preservation Act of 1990 - Amends the National Housing Act to limit the maximum amount of a Federal Housing Administration (FHA) insured mortgage principal to a property's appraised value. Sets forth periodic premium payment schedules. Limits FHA rebates on unearned premiums. Directs the Secretary of Housing and Urban Development to: (1) insure that the Mutual Mortgage Insurance Fund attains specified capital ratios; (2) conduct annual Fund audits; and (3) adjust premiums as necessary. Authorizes periodic mortgage insurance safety premiums.
United States · United States Congress · 10 July 1990
Title X Pregnancy Counseling Act of 1990 - Amends the Public Health Service Act to prohibit the Secretary of Health and Human Services from making a grant for the provision of family planning methods or services unless the applicant agrees to provide complete information and counseling regarding pregnancy, and for a pregnant woman who requests information on options for an unintended pregnancy, to provide: (1) nondirective counseling on prenatal care and delivery, infant care, foster care and adoption, and termination of pregnancy; and (2) referrals for the services that are appropriate to the decision of the woman.
United States · United States Congress · 10 July 1990
Designates the week of August 13 through 19, 1990, as Home Health Aide Week.
United States · United States Congress · 10 July 1990
Designates September 16 through 22, 1990, as National Rehabilitation Week. Urges each State Governor and local government chief executive to issue proclamations calling upon their citizens to observe such week with appropriate ceremonies and activities.
United States · United States Congress · 28 June 1990
Establishes a National Demonstration Program for Educational Performance Agreements for School Restructuring.
United States · United States Congress · 26 June 1990
Commemorates 200 years of the Portuguese presence in Hawaii.
United States · United States Congress · 21 June 1990
Title I: National Writing Program - Authorizes the Secretary of Education to enter into a contract with the National Writing Project (a nonprofit educational organization) to support costs of programs of teacher training and classroom research to improve the teaching of writing and the quality of student writing and learning. Directs the Project to establish a National Advisory Board. Title II: Research and Development - Directs the Secretary, through the Office of Educational Research and Improvement, to make grants to individuals and higher education institutions for research on the teaching of writing. Title III: Authorization of Appropriations - Authorizes appropriations for FY 1991 through 1996.
United States · United States Congress · 21 June 1990
Expresses the sense of the House of Representatives that the memory of Walt Disney should be honored on the 35th anniversary of his contribution to the American dream (the opening of Disneyland).
United States · United States Congress · 20 June 1990
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to reduce the age of eligibility for widow's and widower's insurance benefits from age 60 to age 55. Provides disability-based widow's and widower's insurance benefits without regard to the recipient's age. Eliminates the reduction of widow's and widower's insurance benefits on account of early retirement.
United States · United States Congress · 20 June 1990
Comprehensive Long-Term Care Incentives Act of 1990 - Title I: Tax Treatment of Long-Term Care Insurance and Plans - Subtitle A: Treatment of Long-Term Care Insurance - Provides for the treatment of qualified long-term care insurance as accident and health insurance for purposes of taxation of life insurance companies. Allows employers to offer employees qualified long-term care insurance as a tax-free fringe benefit. Excludes from gross income amounts withdrawn from individual retirement accounts or qualified pension plans with cash or deferred arrangements for purposes of purchasing long-term care insurance. Permits the non-taxable exchange of life insurance policies for long-term care insurance in the case of an individual who has attained age 59 1/2. Subtitle B: Employer Funding of Medical Benefits - Revises provisions governing medical benefits for retired employees and their spouses and dependents. Provides a tax deduction for employer contributions to health benefits accounts. Defines funded reserve accounts and vesting requirements to qualify for such tax deduction. Establishes a 50-percent tax penalty on early distributions of medical benefits and a 100-percent excise tax on allocated assets that are not used to provide retiree health benefits. Subtitle C: Reverse Mortgage Insurance for Older Americans - Amends the National Housing Act to limit the total number of mortgages to be insured and the amount of such insurance under the demonstration program of insurance of home equity conversion mortgages for elderly homeowners. Allows reverse mortgages and sale-leaseback arrangements, whereby homeowners may convert their equity interest in order to purchase qualified long-term care insurance. Subpart D: Income Tax Credits - Allows a $2,000 per qualified person tax credit for taxpayers who maintain a household which includes a parent, grandparent, dependent, or spouse who requires specified custodial care. Allows a tax credit for 25 percent of the long-term care expenses of certain independent persons (not in excess of $2,000 per qualified person per taxable year). Title II: Provision of Long-Term Care and Related Services - Subtitle A: Medicare-Related Provisions - Part 1: Increase in Medicare Benefits - Amends title XVIII (Medicare) of the Social Security Act to cover screening mammographies for women age 35 and older at a frequency which varies on the basis of a woman's age and risk of developing breast cancer. Covers up to 80 hours of annual in-home respite care furnished to an individual who has incurred expenses equal to a specified Medicare Part B (Supplementary Medical Insurance) cost-sharing limit and, for the preceding three months, has been unable to perform at least two specified daily living activities without the assistance of an uncompensated primary caregiver with whom he or she resides. Covers nursing care and home health aide services as home health services if such services are needed less than seven days each week or are needed for up to 38 consecutive days. Amends part A (Hospital Insurance) of the Medicare program to create an extension period of hospice care for terminally ill beneficiaries which is to follow the two 90-day periods and the subsequent 30-day period of hospice care coverage currently provided in an individual's lifetime. Covers colon-rectal screening examinations for individuals age 50 and older at a frequency which varies on the basis of the screening procedure used. Covers home intravenous drug therapy services. Increases the Medicare part B premium. Part 2: Medigap Insurance - Increases the maximum civil penalty which may be imposed on agents who use fraudulent and deceptive practices to sell Medicare supplemental insurance policies. Forbids agents from knowingly selling policies that duplicate a beneficiary's current coverage in any way. Directs the Secretary of Health and Human Services to provide matching grants to States which: (1) meet specified requirements for the establishment of a toll-free telephone hotline providing individuals with Medicare supplemental insurance information; and (2) disseminate an educational brochure which summarizes such information. Subtitle B: Medicaid Long-Term Care Demonstration Projects - Directs the Secretary of Health and Human Services to establish demonstration projects in any requesting State allowing individuals with income and resources above Medicaid (title XIX of the Social Security Act) eligibility levels to receive Medicaid long-term care benefits if they purchase a State approved long-term care insurance policy covering long-term care for a period preceding their Medicaid eligibility. Title III: Federal National Long-Term Care Reinsurance Corporation - Federal National Long-Term Care Reinsurance Corporation Act - Authorizes the Secretary to provide for the incorporation of the Federal National Long-Term Care Reinsurance Corporation (Corporation), which shall not be an agency or establishment of the U.S. Government. Requires the Corporation to confine its activities to reinsuring insurance companies for extraordinary loss in the issuance or payment of qualified long-term care insurance benefits.
United States · United States Congress · 20 June 1990
Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to disregard up to five additional years from the calculation of an individual's annual earnings for OASDI benefit computation purposes if such individual's earnings for each such additional year were less than $5,000 due to his or her need to care for a child or chronically dependent relative.
United States · United States Congress · 20 June 1990
Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to provide that the combined earnings of a couple which are attributable to the period of their marriage shall be divided and shared between them for OASDI eligibility and benefit purposes if they become divorced after at least three years of marriage and agree in writing to such division and sharing.
United States · United States Congress · 20 June 1990
Designates October 1990 as Ending Hunger Month.
United States · United States Congress · 20 June 1990
Designates the week of September 31 (sic), 1990, through October 6, 1990, as National Job Skills Week.
United States · United States Congress · 14 June 1990
Older Women's Breast Cancer Prevention Act of 1990 - Amends title XVIII (Medicare) of the Social Security Act to cover screening mammographies for Medicare-eligible women whose last screening mammographies were performed more than 11 months previously. Determines the payment amount for such service pursuant to a fee schedule.
United States · United States Congress · 14 June 1990
Financial Crimes Prosecution and Recovery Act of 1990 - Title I: National Commission on Financial Crimes - Establishes the National Commission on Financial Crimes to investigate fraud and abuse in the financial services industry and to recommend procedures for improving interagency cooperation and tactics for law enforcement officers in the investigation and prosecution of financial crimes. Sets forth provisions with respect to the membership, powers, pay, reporting requirements, and termination of the Commission. Title II: Improvements in Administration of the Department of Justice - Directs the Attorney General to establish a financial crimes strike force in each Federal judicial district which is in the top quartile of such districts with respect to the total number of criminal referrals filed with the Attorney General by the appropriate Federal banking agencies relating to residents of, or persons located in, such district. Provides for local control of each such strike force, through the U.S. Attorney for such district, except as otherwise provided by the Attorney General. Sets forth provisions regarding pay for attorneys on financial crimes strike forces. Directs the Attorney General to: (1) establish a merit system to recognize and reward outstanding efforts of individuals engaged in the investigation and prosecution of financial crimes; (2) prohibit any U.S. attorney or any other attorney employed by the Department of Justice from taking into account the dollar amount of any loss incurred in connection with any financial crime in making a determination with respect to the investigation or prosecution of such crime; and (3) prescribe by regulation that the investigation of any referral from an appropriate Federal banking agency related to a financial crime involving an insured depository institution in default or in danger of default, or of any troubled institution, be given priority in case management. Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to make specified civil money penalties collected under such Act available to the Attorney General to carry out any provision of law. Amends the Federal criminal code to grant specified officials of the Federal Bureau of Investigation administrative subpoena authority regarding specified financial crimes. Sets forth provisions: (1) with respect to standards governing production of items subpoenaed; and (2) granting persons complying in good faith with a summons or order issued under this Act and producing the materials sought immunity from civil liability to the consumer for such production or nondisclosure of such production. Title III: Improvements in the Administration of the FDIC and the RTC - Amends the Federal Deposit Insurance Act (FDIA) to grant subpoena authority to the Federal Deposit Insurance Corporation (FDIC) and the Resolution Trust Corporation (RTC) as a conservator or receiver or for carrying out authority with respect to an insured depository institution. Amends the Internal Revenue Code to grant the FDIC and the RTC access to Internal Revenue Service returns and return information upon written requests by the respective Board of Directors and upon certification by the Board that it has a substantial need for such returns or return information. Amends the FDIA to authorize Federal banking agencies, in conducting any investigation, examination, or enforcement action under such Act, to: (1) request the assistance of any foreign banking authority; (2) maintain an office outside the United States for such purposes; (3) provide assistance to a foreign banking authority, upon request, if the requesting authority is conducting an investigation involving a violation of laws or regulations relating to banking matters that the requesting authority administers or enforces; and (4) conduct such an investigation as is necessary to collect information and evidence pertinent to such a request without regard to whether the facts stated in the request also constitute a violation of U.S. law. Authorizes the FDIC and the RTC, as conservator or receiver of any insured depository institution, to request the assistance of any foreign banking authority and provide assistance to any such authority in accordance with this Act. Requires the FDIC and the RTC to each maintain a permanent office to coordinate foreign investigations or investigations on behalf of foreign banking authorities. Authorizes the Board of Directors of the FDIC to act in its own name and through its own attorneys in any action or proceeding in which the FDIC is an interested party, whether in its corporate capacity or as conservator or receiver for any insured depository institution. Grants priority to the FDIC over certain claims or actions filed or begun against an affiliated party of the insured depository institution by depositors, creditors, or shareholders of the institution after enactment of this Act. Authorizes the FDIC, as conservator or receiver for any insured depository institution, to avoid any transfer of interest of an institution-affiliated party or any transfer of interest or obligation of person determined to be a debtor of the institution that was made within five years of appointment of the FDIC as conservator or receiver, if such party made such transfer or incurred such liability with intent to hinder, delay, or defraud the insured depository institution. Specifies circumstances under which the FDIC may recover the property transferred or the value of such property. Sets forth provisions regarding prejudgment attachments of assets where an institution-affiliated party may be required to provide restitution to the institution or where the party is a debtor of the institution, and where the assets will be dissipated or otherwise placed beyond the jurisdiction of the court or FDIC before any recovery may be completed unless a trustee is appointed. Establishes criminal penalties for knowingly concealing assets or property from the FDIC or the RTC as a conservator or receiver for any insured depository institution. Requires each Federal banking agency to require directors of depository institutions to complete an educational course on their duties as directors every three years. Authorizes a court or the Attorney General to direct disclosures of matters occurring before a grand jury during an investigation of a banking law violation to identified personnel of a financial institution regulatory agency upon a finding of substantial need, subject to specified conditions. Excludes the payment of restitution under specified Acts including the FDIA from discharge under bankruptcy provisions. Amends the Federal criminal code to subject to civil forfeiture property which constitutes or is derived from proceeds traceable to mail fraud, or fraud by wire, radio, or television, affecting a financial institution. Amends the FDIA, the Federal Credit Union Act, the Revised Statutes, the Federal Reserve Act, the Bank Holding Company Acts of 1956 and 1970, and the Home Owners' Loan Act to permit the appropriate Federal banking agency, the FDIC, or, in the case of the latter statute, the Director, to apply to specified courts to recover from a depository institution administrative costs arising out of actions taken to recover a civil penalty. Title IV: Taxpayer Recovery Act - Taxpayer Recovery Act of 1990 - Makes an exception to a discharge in bankruptcy for: (1) restitution that the debtor has been ordered to pay by a State or Federal court in any criminal proceeding arising from an act that caused a loss to any bank, savings association, or credit union (bank); or (2) damages provided in any judgment, order, or consent decree entered in any State or Federal court, or in any settlement agreement entered into by the debtor, arising from any act involving fraud or reckless disregard for the law committed with respect to any such institution. Requires that any individual acting as a director, officer, or institution-affiliated party of a bank be considered to be acting in a fiduciary capacity with respect to such institution for purposes of a provision making an exception to a discharge from bankruptcy involving fraud or defalcation while acting in such capacity. Specifies that reliance by a creditor will not be required to establish an exception to discharge if the creditor is a financial regulatory agency that is a successor to a bank. Sets forth time limits for the filing of a complaint objecting to the discharge of a debt owed to: (1) a bank that is closed, is in receivership or conservatorship, or is sold to another bank in a transaction assisted by a financial regulatory agency; or (2) such an agency. Specifies that an individual debtor who has committed an act involving fraud or reckless disregard for the law or is subsequently adjudicated to have committed such an act during the pendency of his bankruptcy proceeding with respect to any bank that is in receivership or conservatorship or that is sold to another bank assisted by a financial regulatory agency shall not be exempt from: (1) more than $7,500 in value of the debtor's aggregate interest in any real property that the debtor uses as a residence: and (2) the debtor's interest in any insurance policy or annuity.
United States · United States Congress · 14 June 1990
Korean War Veterans Memorial Thirty-Eighth Anniversary Commemorative Coin Act - Expresses the sense of the Congress that the United States should recognize the 38th anniversary of the Korean War by minting and issuing a silver dollar coin. Directs the Secretary of the Treasury to issue one-dollar silver coins to commemorate the 38th anniversary of the ending of the Korean War. Terminates such authority after December 31, 1991. Mandates that surcharges from the sale of such coins be used for the Korean War Veterans Memorial.
United States · United States Congress · 14 June 1990
Violent Crime and Drug Control Act of 1990 - Title I: Effective Rehabilitation - Amends the Public Health Service Act to require States to develop and submit to the Secretary of Health and Human Services annually for review and approval a Statewide Drug Treatment Plan. Requires States to maintain expenditures for drug abuse-related services at a level equal to not less than the average amount of such expenditures for the preceding two years, unless the Secretary determines that extraordinary conditions in the State (currently, limited to economic conditions) justify the waiver. Directs the Secretary to promulgate implementing regulations, including the procedures by which a full or partial waiver may be granted. Requires the Secretary of Education to: (1) develop a model curriculum regarding treatment for individuals who are addicted to drugs; and (2) disseminate such curriculum to medical schools. Authorizes appropriations. Bars the Secretary of Health and Human Services from making certain payments under the Alcohol and Drug Abuse and Mental Health Services Block Grant program unless the State: (1) makes specified progress toward setting up a referral system through which individuals seeking drug abuse treatment can be informed of appropriate facilities in the State for obtaining such treatment; and (2) agrees to establish procedures to ensure that newborn infants of drug or alcohol abusing mothers are tested and evaluated for exposure to illegal drugs, to waive civil and criminal liability against qualified health care professionals conducting such test and evaluation in compliance with State-established procedures, and, if the newborn has been exposed to illegal drugs, to ensure that the necessary health care services are immediately made available to the mother and infant. Extends to the Coast Guard coverage under the law providing for identification, treatment, and rehabilitation of members of the armed forces who are dependent on drugs or alcohol. Title II: User Accountability and Drug Paraphernalia Restrictions - Subtitle A: User Accountability - Amends the Anti-Drug Abuse Act of 1988 to remove discretion from the courts and thus make mandatory the denial of Federal benefits for a fixed term after a conviction for distribution or possession of a controlled substance. Requires the Office of Management and Budget (currently, the President) to report to the Congress by January 1, 1991 (currently, May 1, 1989) with regard to the withholding of Federal benefits, including a listing of each such benefit for which drug traffickers and possessors will be ineligible. Specifies that the "approved" drug treatment program which an individual convicted of a controlled substance possession offense must successfully complete must be a program chosen by the court. Restricts the allocation and distribution of funds under the Drug Control and System Improvement Grant program to States: (1) that do not have in effect, and which do not enforce, laws requiring the mandatory revocation of the driver's license for at least one year for specified drug offenses and a mandatory denial of requests by such individuals for the issuance or reinstatement of such license; and (2) in which the State legislature has not voted to exempt the State from the operation of such provisions. Allows such State laws, without risking loss of Federal funds under this Act, to provide that the license of a first, but not a subsequent, offender, be reinstated upon performance of three months community service by such offender who passes periodic drug tests during such service. Prohibits the Secretary of the department in which the Coast Guard is operating from issuing a license, certificate of registry, or merchant mariner's document unless the applicant makes available to the Secretary information contained in the National Driver Register regarding the applicant's driving record. Directs the Secretary to: (1) review the criminal record of such an applicant; and (2) establish a testing program for use of a dangerous drug in violation of law for such applicant for issuance or renewal of a license or certificate of registry. Limits the duration of certificates of registry to five years, subject to renewal for additional five-year periods (currently, unlimited). Makes mariners' documents valid for five years, subject to renewal for additional five-year periods. Requires the Secretary to review the criminal record of applicants for renewal of mariners' documents, licenses, and certificates of registry. Sets forth provisions with respect to termination of existing certificates of registry and merchant mariners' documents. Requires the Secretary to: (1) request a holder of a license, certificate of registry, or merchant mariner's document to make available to the Secretary all information contained in the National Driver Register regarding the motor vehicle driving record of such individual; (2) establish a program for testing the holder of such a license for use of alcohol and dangerous drugs in violation of law; (3) temporarily suspend (subject to a hearing within 15 days) and take possession of the license held by an individual who performs a safety sensitive function on a vessel and where there is probable cause to believe that the individual has performed such function in violation of law, has been convicted of an offense that would prevent the issuance or renewal of the license, or has been convicted within the five-year period of an offense under the National Driver Register Act of 1982 (NDRA). Defines "dangerous drug" to mean a narcotic, controlled substance, or marijuana. Includes among the bases for license suspension or revocation conviction of an offense: (1) that would prevent the issuance or renewal of a license; or (2) under the NDRA within the five-year period preceding the suspension or revocation. Authorizes the termination of a license revocation only after: (1) the Secretary decides that the issuance is compatible with good discipline and safety at sea; and (2) the former holder provides satisfactory proof that the bases for revocation are no longer valid. Sets forth procedures for the removal of a master or individual in charge of a vessel reasonably believed to be under the influence of alcohol or dangerous drugs. Amends the NDRA to: (1) authorize an individual who holds or who has applied for a license to request the chief driver licensing official of a State to transmit to the Secretary information regarding the motor vehicle driving record of the individual; and (2) require the Secretary to make the information available to the individual for review and written comment before denying, suspending, or revoking such license and to keep such information confidential, with exceptions. Bars the transmission of motor vehicle driving record information which was entered in the register more than five years before the date of the request, unless such information relates to revocations or suspensions that are still in effect on the date of the request. Applies penalties for the negligent operation of a vessel while "intoxicated" to negligent operation while "under the influence of alcohol, or a dangerous drug." Subtitle B: Drug Paraphernalia Restrictions - Amends the Anti-Drug Abuse Act of 1986 to provide that criminal forfeiture of drug paraphernalia will be accomplished in accordance with procedures applicable to other criminal forfeiture provisions of the Controlled Substances Act (CSA). Authorizes the Attorney General to bring a civil action and to seek injunctive relief and authorizes the court to assess a civil penalty of up to $100,000 for violations of the paraphernalia statute. Provides for civil forfeiture of drug paraphernalia, other property involved, and property traceable to property involved in a violation of criminal forfeiture provisions. Title III: Interdiction Improvements - Makes it unlawful for the pilot, operator, or person in charge of any aircraft which has crossed the U.S. border or is subject to U.S. jurisdiction operating outside the United States to refuse to obey the order of an authorized Federal law enforcement officer to land in cases involving enforcement of controlled substances or money laundering laws. Sets forth analogous provisions with respect to vessels. Establishes penalties for violation of such provisions. Specifies that any vessel or aircraft used in such a violation may be seized and forfeited. Amends the Federal Aviation Act of 1958 to require: (1) revocation of the registration certificate of an aircraft that refuses to land when ordered to do so by a law enforcement officer; and (2) the Administrator of the Federal Aviation Administration to establish procedures for the owner of the aircraft to show cause why the factual predicate did not exist to trigger the revocation of the registration or why it would be in the public interest to issue a new certificate of registration to be effective concurrent with the revocation which occurred by operation of law. Authorizes the Coast Guard to issue orders and make inquiries, searches, seizures, and arrests with respect to violations of U.S. laws occurring aboard any aircraft over the high seas and waters over which the United States has jurisdiction. Specifies the method by which orders to land an aircraft must be communicated. Establishes a civil penalty for failure to comply with a lawful boarding or order to land. Amends the Tariff Act of 1930 to: (1) authorize U.S. Customs officers to exercise their enforcement authority outside of the United States, including any location in which Customs officers are permitted to conduct inspections, examinations, or searches; and (2) provide civil penalties for failure of an aircraft to comply with customs officer orders to land or bring to and Tariff Act provisions regarding the boarding of vessels. Title IV: International Narcotics Control - Amends the Foreign Assistance Act of 1961 (FAA) to: (1) authorize the President to provide narcotics-related assistance to Bolivia, Colombia, and Peru; and (2) make funds available under such Act and the Arms Export Control Act for training and equipment for law enforcement agencies or other units in such countries organized for the specific purpose of narcotics enforcement. Waives during FY 1991 provisions of the FAA and similar provisions relating to limitations on assistance to countries in default on obligations owed to the United States with respect to narcotics-related assistance for a country which is a major illicit drug-producing country because of its coca production. Authorizes the President to provide assistance under the FAA to promote the production, processing, and marketing of products which can be produced economically in such countries in order to reduce dependence upon the production of crops from which narcotic and psychotropic drugs are derived. Revises certain narcotics-related provisions of the FAA to: (1) authorize the use of funds for international narcotics control for defensive arming of U.S.-title aircraft used in narcotics control eradication or interdiction efforts and for personnel and agents participating in such efforts; and (2) make an exception to the provision requiring the President to withhold 50 percent of the assistance authorized and appropriated for a major drug-producing or drug-transit country pending the March 1 certification of narcotics cooperation if he determines that application of such provision would be contrary to the national interest. Repeals provisions requiring that any aircraft made available to a foreign country be provided only on a lease or loan basis. Permits the assigning of more than six members of the armed forces to Military Assistance Groups in Bolivia and Peru. Continues for FY 1991 the waiver of the requirement under the FAA to withhold 50 percent of annual foreign aid to major drug-transit countries which meet specified requirements, such as cooperation with the United States in achieving anti-narcotics objectives. Amends the Federal criminal code to authorize the Secretary of State to order the surrender to a foreign country of a U.S. citizen whose extradition has been requested by such country even if the terms of the applicable treaty or convention do not obligate the United States to extradite its citizens. Amends the Export-Import Bank Act of 1945 to extend the Export-Import Bank's authority to finance sales of defense articles and services for anti-narcotics purposes to September 30, 1992 (currently, expires September 30, 1990). Expresses the sense of the Congress that: (1) practices of foreign governments that condone or permit illicit narcotics production and export are considered damaging to future trade relations with the United States; and (2) the Office of the U.S. Trade Representative should bring the matter of illicit narcotics production and export to the attention of appropriate countries, require foreign countries that tolerate such activities to address their elimination in a serious and effective manner, and consider rewarding foreign countries that make significant strides against drug trafficking with good trade relations with the United States. Title V: Firearms and Related Amendments - Amends the Federal criminal code to prohibit the transfer of firearms to non-residents of the State in which the transferor resides. Provides for the disposition of forfeited firearms. Classifies as serious drug offenses for purposes of the Armed Career Criminal Act of 1984 serious drug offenses committed by juveniles. Specifies that if a conviction was for a violent felony involving the threatened or actual use of a firearm or explosives, or was for a serious drug offense, such person shall be considered convicted for purposes of this Act irrespective of any pardon, setting aside, expunction, or restoration of civil rights. Permits the judicial officer to consider pretrial detention with respect to certain firearms and explosives offenses. Provides for enhanced penalties for: (1) the use of a semiautomatic firearm during a crime of violence or drug trafficking offense, with exceptions; and (2) possession of a firearm or explosive during the commission of such offenses. Makes enhanced penalties inapplicable in the presence of specified mitigating circumstances, unless the defendant engaged or participated in criminal conduct that gave rise to the occasion for the defendant's use of the firearm. Sets forth penalties for smuggling firearms in aid of drug trafficking and for theft of firearms and explosives. Bars the sale or possession of firearms and explosives to or by persons convicted of violent or serious misdemeanor drug or narcotic offenses. Provides for the mandatory revocation of the supervised release of an individual for possession of a firearm. Increases penalties for: (1) making knowingly false, material statements in connection with the acquisition of a firearm from a licensed dealer; and (2) a second offense of using an explosive to commit a Federal felony. Amends the Internal Revenue Code to: (1) change from six to five years the statute of limitations for certain firearms offenses; and (2) provide for the summary forfeiture of unregistered National Firearms Act weapons, with provision for reimbursement for innocent owners. Makes it unlawful for felons and others to possess explosives. Authorizes the summary destruction of explosives subject to forfeiture under specified circumstances. Sets forth requirements for reimbursement of the value of destroyed property. Title VI: Death Penalty - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits evidence to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Sets forth special aggravating factors for: (1) espionage, treason, homicide, and the attempted murder of the President; and (2) drug offenses punishable by the death penalty (such factors include previous serious drug felony convictions, use of a firearm in committing or furthering certain continuing criminal enterprises, use of minors in trafficking, and lethal adulteration of controlled substances.) Directs the court, or the jury by unanimous vote, to impose the death penalty upon a finding of at least one aggravating and no mitigating factor, or one or more aggravating factors which outweigh any mitigating factors. States that no person who was under 18 years of age at the time of the offense may be sentenced to death. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant or victim in its consideration of the sentence. Establishes procedures for appeal from a death sentence. Requires the court of appeals, upon consideration of the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under the influence of passion, prejudice, or any other arbitrary factor; and (2) the information supports the finding of aggravating factors. Requires the court to provide a written explanation of its determination. Sets forth procedures for the implementation of the sentence of death. Limits the circumstances under which the offense of delivering defense information to aid foreign governments is punishable by death. Provides for the imposition of the death penalty for: (1) murder committed by prisoners in Federal prisons; (2) kidnappings which result in the death of any person; (3) hostage takings which result in the death of any person; (4) attempting to kill the President of the United States (if such attempt results in bodily injury or comes dangerously close to causing the President's death); (5) "murder for hire;" (6) murder in the aid of a racketeering activity; (7) international terrorism (where the killing is a first-degree murder); (8) engaging in a criminal enterprise activity which results in death; (9) specified violations of the CSA, the Controlled Substances Import and Export Act, and the Maritime Drug Law Enforcement Act; and (10) genocide. Increases the minimum sentence to life imprisonment for the crime of bank robbery which results in death. Provides for appointment of counsel in Federal cases where a defendant is charged with a crime with respect to which a sentence of death is sought and is or becomes financially unable to obtain adequate representation. Sets forth additional provisions with respect to: (1) representation before and after review of judgment; (2) standards for competence of counsel; and (3) claims of ineffectiveness of counsel. Authorizes, in the discretion of the court, appointment of counsel for a petitioner who is or becomes financially unable to afford counsel in Federal habeas corpus proceedings involving State prisoners in capital cases. Sets forth provisions regarding: (1) deadlines for collateral attacks on judgments imposing a sentence of death; and (2) stays of execution. Title VII: Criminal Justice System Reform - Subtitle A: Habeas Corpus Proceedings Relating to Death Penalty Cases - Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases. Applies such procedures to Federal habeas corpus cases brought by prisoners in State custody who are subject to a capital sentence. Makes the applicability of such procedures contingent upon a State establishing a mechanism for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in State post-conviction proceedings brought by indigent prisoners whose capital convictions and sentences have been upheld on direct appeal to the court of last resort in the State or have otherwise become final for State law purposes. States that the rule of court on statutes establishing such mechanism must provide standards of competency for the appointment of such counsel. Directs that any such mechanism must offer counsel to all State prisoners under capital sentence and must provide for the entry of an order by a court of record: (1) appointing counsel to represent the prisoner upon a specified finding; (2) finding that the prisoner has rejected the offer of counsel and made the decision with an understanding of its legal consequences; or (3) denying the appointment of counsel upon a finding that the prisoner is not indigent. Provides for a mandatory stay of execution during the post-conviction review initiated pursuant to this Act. Details conditions which will cause such stay to expire. Prohibits a Federal court, if one of such conditions has occurred, from entering a stay of execution or granting relief in a capital case unless: (1) the basis for the stay and request for relief is a claim not previously presented in the State or Federal courts; (2) the failure to raise the claim was the result of State action in violation of the Constitution or laws of the United States, was the result of a recognition by the Supreme Court of a new Federal right that is retroactively applicable, or is due to the fact that the claim is based on facts that could not have been discovered through the exercise of reasonable diligence in time to present the claim for State or Federal post-conviction review; and (3) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the jury's determination of guilt on the offense for which the death penalty was imposed. Imposes time limits on filing for habeas corpus relief. Requires such time limits to be tolled under specified conditions. Requires the district court, upon the development of a complete evidentiary record, to rule on the merits of the claims properly before it. Makes the requirement for a certificate of probable cause inapplicable, with exceptions, where: (1) a second or successive petition is filed; and (2) certain requirements under a unitary review procedure (i.e., a State procedure that authorizes a person under sentence of death to raise, in the course of direct review of judgment, such claims as could be raised on collateral attack) are met. Subtitle B: General Habeas Corpus Reform - Amends the Federal judicial code to prohibit consideration of a habeas corpus claim by a State prisoner unless actual prejudice resulted from the denial of a Federal right and: (1) State action precluded assertion of the right; (2) the Federal right asserted was newly recognized; (3) the factual basis of the claim could not have been discovered through the exercise of reasonable diligence prior to the procedural default; or (4) a constitutional violation asserted in the claim probably resulted in a factually erroneous conviction or a sentence predicated on an erroneous factual determination. Establishes a one-year statute of limitations for habeas corpus actions brought by State prisoners. Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. Prohibits the granting of a habeas corpus writ with respect to any claim which has been fully and fairly adjudicated in State proceedings. Sets forth provisions regarding the appointment of counsel. Subtitle C: Exclusionary Rule - Amends the Federal criminal code to bar the exclusion of evidence obtained as a result of a search or seizure carried out under circumstances justifying an objectively reasonable belief that it was in conformity with the fourth amendment. Specifies that evidence shall not be excluded on the ground that it was obtained in violation of a statute, an administrative rule or regulation, or a rule of procedure unless exclusion is expressly authorized by statute or by a rule prescribed by the Supreme Court pursuant to statutory authority. Title VIII: Criminal Alien Justice Act - Amends the Immigration and Nationality Act to authorize Immigration and Naturalization Service (INS) agents and officers to carry firearms and make arrests. Revises the definition of "aggravated felony" for purposes of such Act. Includes among the classes of aliens ineligible to receive visas and excluded from U.S. entry an alien who: (1) is in illicit possession of a controlled substance; and (2) has been convicted of an aggravated felony. Subjects such aliens to summary exclusion. Subjects an alien convicted of an aggravated felony to an expedited summary deportation proceeding. Requires Federal and State courts to notify the INS upon sentencing an alien to an aggravated felony. Bars aliens who are aggravated felons and other criminal aliens from: (1) asylum; (2) a judicial recommendation against deportation; and (3) a deportation waiver based on length of U.S. domicile, family hardship, good moral character, and specified other grounds. Title IX: Justice System Integrity and Accountability - Subtitle A: Public Corruption - Amends the Federal criminal code to prescribe penalties to be imposed against anyone who defrauds the inhabitants of the United States, Indian country, or a State or political subdivision of: (1) the honest services of a government official or employee; or (2) a fair and impartially conducted election process through the use of fraudulent ballots or voter registration forms, paying or offering to pay any person for voting, the filing of fraudulent campaign reports, intimidating or coercing an individual to vote (or decline to vote) or register (or decline to register) to vote, or the unauthorized alteration or substitution of a ballot. Prescribes criminal penalties to be imposed upon any official who: (1) for financial gains uses interstate commerce to defraud the inhabitants of the United States, any State, political subdivision, or Indian tribal government, of the right to have government affairs conducted on the basis of complete, true, and accurate information; or (2) in order to carry out or conceal any scheme or artifice to defraud, discriminates, harasses, or takes adverse action against any employee or official of the United States or any State or political subdivision. Amends mail fraud provisions to prohibit use of any facility of interstate or foreign commerce in the execution of a scheme or artifice to defraud. Makes it a class B felony for a public official to corruptly demand or accept anything of value, personally or for another, in return for: (1) being influenced in the performance or nonperformance of any official act; or (2) being influenced to commit, collude in, or allow the commission of any offense against the United States or any State. Makes it a class B felony for a public official to corruptly give, offer, or promise anything of value, to an official or to another, with intent to: (1) influence any official act; (2) influence such official to commit, collude in, or allow the commission of any offense against the United States or a State; or (3) influence such official to do or omit any act in violation of such official's lawful duty. Grants Federal jurisdiction over an offense under this Act (with respect to narcotics-related corruption) which involves or is intended to further or conceal the illegal importation, manufacture, transportation, or distribution of any controlled substance or controlled substance analogue. Subtitle B: Drug Testing - Requires: (1) the Director of the Administrative Office of the U.S. Courts to establish a program of drug testing of criminal defendants on post-conviction release; and (2) the chief probation officer in each district to arrange for the drug testing of such defendants. Requires, as an explicit condition of probation, parole, or supervised release of a defendant involving a felony or a specified violent or drug offense, that the defendant refrain from any unlawful use of a controlled substance and submit to periodic drug tests. Sets limitations on the authority to require such tests and to take action against a defendant based on test results. Provides for revocation of supervised release by a defendant placed on parole, probation, or post-imprisonment release if such defendant unlawfully uses a controlled substance or refuses to cooperate in drug testing. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to prohibit Federal assistance to any State that has not implemented a drug testing program for targeted classes of arrestees, prisoners, and persons on conditional or supervised release before or after conviction. Directs the Attorney General to promulgate regulations for such program, based in part on scientific and technical standards determined by the Secretary of Health and Human Services to ensure the reliability and accuracy of test results. Specifies that such regulations may include guidelines or specifications concerning: (1) the classes of persons to be targeted for testing; (2) the drugs to be tested for; (3) the frequency and duration of testing; and (4) the effect of test results in decisions concerning the sentence, conditions to be imposed on release before or after conviction, and the granting, continuation, or termination of such release. Subtitle C: Protection of Witnesses, Jurors, and Court Officers - Increases penalties for obstruction of justice offenses against court officers and jurors and for retaliatory killings of witnesses, victims, and informants. Title X: Amendments Related to Asset Forfeiture, Controlled Substances, and Money Laundering - Subtitle A: Asset Forfeiture - Sets forth provisions regarding the transfer of appropriations from the Department of Justice Assets Forfeiture Fund to the Special Forfeiture Fund. Authorizes such transfers on a quarterly basis (currently, at the end of each fiscal year). Amends the Federal judicial code to authorize the Attorney General to warrant clear title to a subsequent purchaser or transferee of forfeited property. Amends the Federal criminal code to provide for the forfeiture of the proceeds of a foreign drug offense, except to the extent of an interest of an owner by reason of any act or omission established by that owner to have been committed or omitted without the knowledge, consent, or willful blindness of the owner. Amends the Federal criminal code and the CSA to: (1) bar the use of bankruptcy proceedings to prevent a criminal forfeiture for violations of such Act; and (2) provide for nonabatement of criminal forfeiture when a defendant dies pending appeal. Amends the CSA to provide for the forfeiture of: (1) personal property used to facilitate a drug offense; and (2) proceeds traceable to conveyances used to facilitate drug violations. Authorizes the Attorney General or Secretary of the Treasury to transfer the forfeited personal property, or the proceeds of the sale of forfeited personal or real property, to a foreign country which participated in the seizure or forfeiture of the property, subject to specified conditions. Amends the CSA to authorize the destruction of dangerous, toxic, or hazardous materials subject to forfeiture. Amends the Federal judicial code to authorize the payment of awards for information or assistance leading to a civil or criminal forfeiture under any law enforced or administered by the Department of Justice. (Under current law, such authority is limited to forfeitures under specified Federal statutes.) Eliminates a restriction on the disposal of judicially forfeited property by the Department of the Treasury and the U.S. Postal Service. Provides that substitute assets will be forfeited by an intermediary who does not retain the laundered property if that person participates in three or more transactions involving $100,000 or more in a 12-month period. Amends the Anti-Smuggling Act of 1935 to: (1) provide for the seizure and forfeiture of vehicles with concealed compartments under specified conditions; and (2) make the existence of any compartment or equipment built or outfitted for smuggling to be prima facie evidence that a vehicle, vessel, or other conveyance is being, has been, or is attempted to be employed in smuggling or in defrauding the revenue of the United States. Authorizes the disclosure of grand jury information for use in connection with civil forfeiture proceedings. Authorizes the Director of the Office of National Drug Control Policy to transfer funds to agencies responsible for carrying out the National Drug Program. Subtitle B: Controlled Substances - Adds certain cocaine and drug conspiracy and attempt offenses committed by juveniles to the list of crimes for which prosecution as an adult is authorized if the Attorney General certifies that there is a substantial Federal interest in the case that justifies adult prosecution. Amends the CSA and Controlled Substances Import and Export Act to define "felony drug offense" as an offense relating to narcotics, marihuana, depressants, or stimulants. Revises recidivist penalty provisions of such Acts to incorporate such term. Provides for: (1) a sentence of mandatory life imprisonment without release and a fine for certain CSA convictions after two or more prior felony drug offense convictions; and (2) a mandatory fine of at least $1,000 for possession of a substance with a cocaine base under specified circumstances. Increases the minimum prison sentence for use of underage persons in illegal drug transactions. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to provide for innovative intermediate sanctions programs in combination with drug testing, including boot camps, house arrest, electronic monitoring, intensive supervision, and community service. Amends the Tariff Act of 1930 to require the payment of at least a $500 penalty for failure to declare a controlled substance. Provides for enhanced penalties for drug trafficking in Federal prisons. Authorizes funding through January 1, 1992, for Treasury undercover operations under the Anti-Drug Abuse Act of 1988. Raises the cap for certain discretionary grants under the Omnibus Crime Control and Safe Streets Act of 1968 for drug and violent crime control programs . Sets forth provisions requiring the fingerprinting and photographing of, and keeping of records and information concerning, juveniles found guilty of specified felony or controlled substances offenses. Repeals provisions establishing procedures for special probation and record expungement for drug possessors. Subtitle C: Money Laundering - Makes changes in the definition of "financial transaction" for purposes of the money laundering statute. Amends the Anti-Drug Abuse Act of 1988 to continue the $10,000 cash transaction reporting requirement for another two years. Amends the Right to Financial Privacy Act of 1978 (RFPA) to authorize the transfer of certain financial records to another agency if the transferring agency has reason to believe that the records are relevant to a matter within the jurisdiction of, or appropriate for analysis by, the receiving agency for law enforcement purposes. Prohibits the disclosure of the existence or terms of a geographic targeting order. Makes the RFPA inapplicable to a financial institution providing information that it has reason to believe may be relevant to a Bank Secrecy Act violation. Exempts from liability a financial institution that: (1) ceases to do business with a customer because of suspicious transactions; and (2) discloses in good faith information and records relating to a customer violation of the Bank Secrecy Act. Authorizes the warrantless search of outgoing mail at U.S. borders by the U.S. Customs Service when a customs officer has reasonable cause to suspect that there are monetary instruments being transported in such a letter. Adds certain predicate offenses relating to financial institutions to the Federal money laundering statute. Amends the RFPA to add conforming predicate laundering references to the "insider" exemption under such Act. Subtitle D: Other Provisions - Authorizes the disclosure of cable television subscriber information to a Federal grand jury. Amends the Anti-Drug Abuse Act of 1988 to permit an arrest warrant to be issued for a foreign fugitive about to enter the United States. Authorizes State government personnel to assist in court-authorized electronic or wire interceptions. Authorizes providers of electronic communication services to disclose specified information, upon written request, to a governmental entity. Amends the Federal criminal code to provide that an element of an offense that the defendant knew that property was stolen or counterfeit may be established by proof that the defendant, as a result of an official representation as to the nature of the property, believed the property to be stolen or counterfeit. Amends Federal criminal code provisions with respect to the sexual abuse of minors to: (1) include 12- and 13-year-olds within the scope of provisions prohibiting engaging in sexual acts with children; (2) revise the definition of sexual act to include the intentional touching, not through the clothing, of the genitalia of individuals under age 16 with intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; and (3) provide enhanced penalties for subsequent offenses. Amends the Bankruptcy code to except from discharge under bankruptcy the payment of restitution under the Victim and Witness Protection Act of 1982. Title XI: Drug War Bonds - Directs the Secretary of the Treasury to issue: (1) Drug War Bonds for a three-year period with a 12-year maturity date; and (2) Drug War Stamps to evidence payments for or on account of such bonds. Specifies that the difference between the price paid and the amount received on redeeming a Drug War Savings Bond is interest under the Internal Revenue Code. Authorizes a taxpayer to designate a specified portion of any tax overpayment or make cash contributions to the War on Drugs Trust Fund (established by this Act). Authorizes the Attorney General to make expenditures from the Department of Justice Assets Forfeiture Fund into the War on Drugs Trust Fund. Amends the Internal Revenue Code to establish the War on Drugs Trust Fund. Transfers to such Fund: (1) proceeds from the sale of Drug War Bonds and stamps; and (2) certain cash contributions and portions of tax overpayments. Prescribes expenditures from the War on Drugs Trust Fund, including the construction of Federal prison facilities and education and rehabilitation programs. Directs the Attorney General to make recommendations to the Congress regarding the merits of privatizing Federal prisons. Title XII: Transportation Safety - Directs the Secretary of Transportation to establish testing programs for the use, in violation of law or Federal regulation, of controlled substances and of alcohol by individuals performing sensitive safety- or security-related functions for air carriers, motor carriers, rail carriers, pipeline facility operators, and recipients of assistance under the Urban Mass Transportation Act of 1964. Directs the Secretary to establish only those requirements applicable to foreign air and motor carriers that are consistent with U.S. international obligations, taking into consideration any applicable laws and regulations of foreign countries. Requires the Secretary to conduct a program to reduce illegal drug activities at truck stops. Provides that such program may include security and law enforcement activities at truck stops and educational programs for truck stop operators and operators of commercial motor vehicles. Sets forth provisions with respect to matching of Federal appropriations for such program. Amends the CSA 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. Prohibits the suspension of a sentence, granting of probation, or eligibility for parole until the individual has served the minimum required sentence under the Federal criminal code for any person who violates this Act after a prior conviction under this Act has become final. Requires the U.S. Sentencing Commission to promulgate specified sentencing guidelines for violations of this Act. Bars multiple enhancements.
United States · United States Congress · 14 June 1990
Designates October 1990 as Country Music Month.
United States · United States Congress · 13 June 1990
Designates October 1990 as National Domestic Violence Awareness Month.
United States · United States Congress · 12 June 1990
Designates July 22, 1990, as Rose Fitzgerald Kennedy Family Appreciation Day.
United States · United States Congress · 11 June 1990
Designates October 20 through 28, 1990, as National Red Ribbon Week for a Drug-Free America.
United States · United States Congress · 7 June 1990
Older Americans Health Insurance Counseling Amendments of 1990 - Amends the Older Americans Act of 1965 to authorize appropriations for a program under which the Commissioner on Aging will provide grants to States so that they may counsel older individuals regarding Medicare (title XVIII of the Social Security Act) benefits and health insurance.
United States · United States Congress · 7 June 1990
Asian and Pacific Islander Health Improvement Act of 1990 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to make grants for primary health services and health promotion education in areas with a significant number of low-income residents of Asian or Pacific Island ancestry who have a limited ability to speak English, giving preference to applicants who agree to provide health services regarding conditions that disproportionately affect individuals of such ancestry. Requires that services be provided in the most appropriate language and cultural context. Authorizes the Secretary to make grants for identifying health needs particular to, and developing model delivery systems for, individuals of such ancestry. Directs the Secretary, in collecting any health-related data on individuals of such ancestry, to ensure that the data is specific to such individuals as a single population, and is specific to each of specified subpopulations.