United States · United States Congress · 4 February 1991
Strategic Petroleum Reserve Enhancement Act of 1991 - Amends the Energy Policy and Conservation Act to direct the Secretary of Energy (the Secretary) to establish and implement during FY 1992 a minimum (Strategic Petroleum) Reserve fill rate of 200,000 barrels per day until the quantity of crude oil in storage in the Reserve is at least 1,500,000,000. Prescribes implementation guidelines. Requires the Secretary to assess and collect charges from each person who stores petroleum in the Reserve pursuant to such program.
United States · United States Congress · 10 January 1991
Employee Educational Assistance Act of 1991 - Amends the Internal Revenue Code to make permanent the income tax exclusion of amounts paid under employee educational assistance programs. (Under current law the exclusion expires for taxable years beginning after December 31, 1991.)
United States · United States Congress · 3 January 1991
Insurance Competitive Pricing Act of 1991 - Amends the McCarran-Ferguson Act to eliminate the antitrust exemption applicable to the business of insurance where the conduct of an individual engaged in such business involves: (1) price fixing; (2) allocating with a competitor a geographical area in which, or persons to whom, insurance will be offered for sale; (3) unlawfully tying the sale or purchase of one type of insurance to that of another type, or of any other service or product; or (4) monopolizing, or attempting to monopolize, any part of such business. Retains such exemption for conduct involving the making of a contract, or engaging in a combination or conspiracy, to: (1) collect or disseminate historical loss data; (2) determine a loss development factor applicable to such data; or (3) perform actuarial services if such contract, combination, or conspiracy does not involve restraint of trade.
United States · United States Congress · 3 January 1991
Civil Rights Act of 1991 - Amends the Civil Rights Act of 1964 to provide for the burdens of proof which must be met by the various parties when an allegation of an unlawful employment practice is based on disparate impact. ( Wards Cove Packing Co. Inc. v. Atonio, 1989, held that, in cases brought under Title VII of the Civil Rights Act, the burden is on the plaintiff to prove an employer had no business necessity for a practice with discriminatory effects.) Allows a rule barring employment based on illegal discriminatory intent. Declares that, when an employment practice is alleged to have mixed motives, an unlawful employment practice is established when it is shown that a discriminatory basis was a contributing factor, even though other factors also contributed. Bars certain types of relief and limits damages to the injury that is attributable to the unlawful practice. Provides for the finality of litigated or consent judgments or orders resolving an employment discrimination claim, barring actions (challenging an employment practice that implements and is within the scope of a judgment or order) by persons who had certain types of notice and opportunity. Modifies the time limitations within which certain actions must be taken in alleged employment discrimination cases. (In Lorance v. AT&T Technologies, the Supreme Court held that seniority plans cannot be challenged as discriminatory unless complaints are filed soon after the plans are adopted.) Declares the application of a seniority system, if the system was included in a collective bargaining agreement with discriminatory intent, an unlawful employment practice. Allows punitive damages, certain types of compensatory damages, and jury trials only in connection with certain claims of intentional discrimination under the Act or under the Americans with Disabilities Act of 1990. Allows any party, if compensatory or punitive damages are sought, to demand a jury trial. Includes expert fees and other litigation expenses in attorney's fees which may be awarded in certain circumstances. Prohibits consent orders or judgments settling a claim, or stipulations of dismissal, unless the parties or their counsel attest that a waiver of all or substantially all attorney's fees was not compelled as a condition of the settlement.( Independent Federation of Flight Attendants v. Zipes held that attorneys' fees can be recovered under Title VII against losing intervenors only if the intervenor's action is frivolous, unreasonable, or without foundation.) Allows the court, in its discretion to promote fairness, in a proceeding in which a judgment or order granting relief under employment discrimination provisions is challenged, to allow the prevailing party in the original action to recover attorney's fees and costs incurred in defending the judgment or order. Extends the time limit for filing against the Government a civil action involving employment discrimination. Requires, except for prejudgment interest on compensatory damages, the same interest payment by the Government as in cases involving non-public parties. Requires all Federal civil rights laws to be interpreted broadly to provide equal opportunity and provide effective remedies. Prohibits, except as expressly provided, interpreting any Federal civil rights law to repeal or amend by implication any other such law. Prohibits using this Act as a basis for limiting civil rights laws not expressly amended by this Act. Amends Federal law to declare that: (1) for purposes of provisions relating to equal rights under the law, the right to make and enforce contracts includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contract; and (2) the rights protected by the amended provisions are protected against impairment by non-governmental discrimination as well as against impairment under color of State law. (In 1989, the Supreme Court ruled, in Patterson v. McLean Credit Union, that an 1866 law forbidding discrimination in contracts applies only to hiring agreements, not on-the-job bias.) Prohibits construing the amendments made by this Act to: (1) require or encourage an employer to adopt hiring or promotion quotas; or (2) affect court-ordered remedies, affirmative action, or conciliation agreements that are otherwise in accordance with the law. Amends the Civil Rights Act of 1964 to apply equal employment opportunities provisions to the Congress, with enforcement as determined by each House of the Congress. Amends the Age Discrimination in Employment Act of 1967 to modify requirements, including time limitations, regarding filing of a civil action. Requires the Equal Employment Opportunity Commission to notify the person aggrieved if an age discrimination charge is dismissed by the Commission. Allows a civil suit to be brought within a specified time limit after the dismissal. Encourages the use of alternative means of dispute resolution to resolve disputes arising under the Acts amended by this Act.
United States · United States Congress · 3 January 1991
Amends the National Labor Relations Act and the Railway Labor Act to make it an unfair labor practice for an employer to offer or grant: (1) permanent replacement employee status during a labor dispute; or (2) any employment preference to an individual who worked or indicated a willingness to work during a labor dispute over an employee who exercised specified rights during such dispute and who is working for, or has unconditionally offered to return to work for, the employer.
United States · United States Congress · 3 January 1991
Veterans' Compensation Amendments of 1991 - Increases the rates of: (1) veterans' disability compensation; (2) additional compensation for veterans' dependents; (3) the clothing allowance for certain disabled veterans; (4) dependency and indemnity compensation for surviving spouses and children; and (5) supplemental dependency and indemnity compensation for disabled adult children. Authorizes the Secretary of Veterans Affairs to adjust administratively the rates of disability compensation payable to persons who are not in receipt of compensation for service-connected disability or death.
United States · United States Congress · 3 January 1991
Constitutional Amendment - Declares that equality of rights under the law shall not be denied or abridged by the United States or any State on account of sex.
United States · United States Congress · 3 January 1991
Establishes in the House of Representatives the Select Committee on Narcotics Abuse and Control to conduct continuing oversight and review of the problems of narcotics, drug, and polydrug abuse and control.
United States · United States Congress · 18 September 1990
Federal Debt Collection Procedures Act of 1990 - Title I: Debt Collection Procedures - Establishes a uniform, nationwide system of civil procedures to facilitate the collection of debts owed to the United States. Authorizes nationwide service of process in actions to collect debts owed to the United States. Authorizes actions for post-judgment remedies for up to ten years after the date of judgment. Establishes special rules with respect to the sale of perishable property during the pendency of any proceeding to recover debts owed to the United States, except with respect to a proceeding to attach certain debtor property. Allows U.S. district courts to assign their duties in proceedings under this Act to U.S. magistrates. Grants the court power to modify the use of any enforcement procedure. Lists the types of property exempt from the enforcement procedures of this Act, including the debtor's: (1) interest in real property used as a primary residence; (2) interest in one motor vehicle; (3) interest in certain life insurance policies; and (4) right to receive social security, veterans', disability, or unemployment benefits. Places certain limitations on exempt property. Allows the United States to name as an additional defendant any person believed to owe money to the debtor arising out of the transaction or occurrence giving rise to a debt. Permits the United States to seek any prejudgment remedy. Sets forth procedures to be followed by the United States under such circumstances. Establishes additional procedural requirements with respect to the attachment of property. Prohibits a U.S. marshal from selling property unless ordered to do so by the court. Allows a court to appoint a receiver for property in which the debtor has a substantial nonexempt interest only if the United States shows reasonable cause to believe that there is a substantial danger that the property will be removed from the jurisdiction of the court, lost, materially injured or damaged, or mismanaged. Sets forth the powers of the receiver. States that a judgment in a civil action creates a lien upon all the real property of a judgment debtor except with respect to a judgment obtained in a tax case. Makes a debtor who is the subject of such a lien ineligible for Federal grants and loans. Allows the district court to order the United States to sell any real property subject to such a lien. States that such liens are effective for a period of 20 years and renewable for a longer period. Sets forth procedures with respect to: (1) the issuance of notices; (2) the sale of real and personal property subject to a levy pursuant to a writ of execution; (3) installment payments; and (4) garnishment. Provides remedies for the fraudulent transfer of an asset by a debtor. Title II: Amendments to Other Provisions of Law - Makes technical and conforming amendments to various provisions of Federal law. Allows the court to order that criminal appearance bail bonds be applied to the payment of any assessment, fine, restitution, or penalty imposed upon the defendant. Title III: Miscellaneous - Sets forth the effective dates for provisions of this Act.
United States · United States Congress · 2 August 1990
Presidential Directives and Records Accountability Act - Defines an "executive directive" to mean any written instrument, other than a presidential proclamation or executive order, that: (1) is signed or endorsed by, or issued at the direction of, the President or an appointee in the Executive Office of the President; and (2) establishes policy, directs the carrying out of law or policy, authorizes or requires the use of appropriated funds or other resources (including personnel), or otherwise asserts or appears to assert an authority of the President. Provides that an executive directive does not include a finding with respect to intelligence activities. Sets forth requirements for filing such directives with the Office of the Federal Register, retention by the Archivist of the United States, and transmittal to the Speaker of the House of Representatives and President pro tempore of the Senate. Provides for informing employees in the Executive Office of the President or Vice President of the requirements of this Act. Establishes an Office of Records Management in the Executive Office of the President to be responsible for securing compliance with the Presidential Records Act of 1978. Declares that the Archivist has the final authority in the executive branch to determine what constitutes a record for records management purposes.
United States · United States Congress · 30 July 1990
Campaign Cost Reduction and Reform Act of 1990 - Title I: Amendments to the Federal Election Campaign Act of 1971 - Amends the Federal Election Campaign Act of 1971 to define a "qualifying House of Representatives candidate" as one whose principal campaign committee includes in its statement of organization a declaration of the candidate's intention to abide by expenditure limitations under such Act and to use broadcast time under the Communications Act of 1934 or to receive reduced postal rates. Includes in the definition of "contribution": (1) any gift, subscription, loan, advance, or deposit of money or anything of value made by any person for the purpose of encouraging any specific individual who is not a candidate. Provides that the term "contribution" does not include the value of any advertising rate reduction made available to a qualifying House candidate by a newspaper, magazine, broadcasting station, or cable system if such reduction is made available to any qualifying candidate during the 90-day period before the election. Includes in the definition of "expenditure" any purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value made by any person for the purpose of encouraging any specific individual who is not a candidate to become a candidate. Revises the exclusion of mailing costs from authorized contributions and expenditures. Excludes from the definitions of "contribution" and "expenditure": (1) any amount for a candidate for other than Federal office: (2) any amount in connection with a State or local political convention; (3) any campaign activity on behalf of State or local candidates; (4) administrative expenses of a State or local committee of a political party; (5) research pertaining solely to State and local candidates and issues; and (6) maintenance of voter files. Prohibits a candidate for Federal office from establishing, maintaining, or controlling a political committee, other than an authorized committee of the candidate or a committee of a political party. Declares that an expenditure is not an independent expenditure if: (1) there is any arrangement, coordination, or direction with respect to the expenditure between the candidate and the person making the expenditure; (2) with respect to the election, the person making the expenditure was involved in the candidate's campaign; or (3) the person making the expenditure communicates with, advises, or counsels the candidate relating to such election. Removes certain limitations regarding State-by-State spending by presidential candidates. Prohibits a qualifying House candidate from making expenditures in excess of $75,000 of such candidate's personal funds for an election. Prohibits such candidate from spending in excess of $550,000 with respect to a general or special election, $300,000 with respect to a primary election ($400,000 where a candidate receiving a majority of votes is elected to office without a general election), and $100,000 with respect to a runoff election. Removes such limitation for all House candidates in an election if any candidate receives contributions or makes expenditures aggregating more than $200,000. Requires such limitations to be adjusted for inflation every four years beginning after calendar year 1992. Prohibits such candidate and his or her authorized political committee from accepting contributions from a political committee with respect to a general, special, or runoff election which total in excess of 50 percent of the limitation for such election. Imposes monetary penalties upon qualifying House candidates who exceed expenditure limitations. Provides for the accountability of contributions made by intermediaries or conduits. Prohibits a lobbyist from acting as an intermediary or conduit. Provides that contributions expended to encourage an individual to become a candidate shall be treated as contributions, whether or not such individual becomes a candidate. Prohibits a candidate or an authorized political committee of a candidate from accepting any contribution with respect to an election for Federal office if the contribution is given or made with respect to an election for State office or otherwise is not subject to the Federal Election Campaign Act of 1971. Prohibits a candidate for Federal office from accepting, with respect to an election, any contribution from a State or local committee of a political party if such contribution, when added to the total of contributions previously accepted from all such committees of that political party, exceeds a limitation on contributions to a candidate under the Federal Election Campaign Act of 1971. Subjects certain amounts received or used by a State or local committee of a political party as excluded payments to the limitations and reporting requirements of the Federal Election Campaign Act of 1971 as if such amounts were contributions or expenditures, as appropriate. Prohibits such payments from being allocated to a non-Federal account or otherwise maintained in, or paid from, an account that is not subject to that Act. Excludes as a prohibited political contribution or expenditure by a national bank, corporation, or labor organization the administration and solicitation costs of a separate segregated political fund if amounts disbursed from the fund are used solely for internal communications, nonpartisan get-out-the-vote campaigns, or contributions for State or Federal elections. Requires that whenever any political committee (other than an authorized committee or a committee of a political party) makes a communication that is a solicitation for contributions with respect to a Federal election, it shall include in the communication a clear statement that neither the committee nor the communication is authorized by a candidate or is under the control of a candidate. Requires television advertisements authorized by candidates for Federal office that solicit contributions for, or advocate the election or defeat of, a clearly identified candidate to contain a readily identifiable image of the candidate who authorized such advertisement. Requires the image to appear for at least four seconds on at least one-third of the television screen accompanied by statements identifying the political committee or the other person paying for the advertisement and the candidate responsible for its content. Requires television advertisements that have not been authorized by a candidate to present a statement: (1) naming the person paying for the advertisement and any connected organization; and (2) indicating that the advertisement has not been authorized by any candidate. Requires authorized and unauthorized radio advertisements to contain such appropriate statements. Prescribes color contrast and character height standards for statements in advertisements in publications disclosing who authorized and paid for the advertisement. Provides that if any person makes an independent expenditure through a communication on a broadcasting station or cable system which attacks a qualifying House candidate or criticizes the public record of such a candidate, the licensee or cable operator involved shall transmit to such candidate: (1) a statement of the date and time of the communication; and (2) a script or tape recording of the communication or, if unavailable, an accurate summary of the communication; and (3) an offer of an equal opportunity for such a candidate to use the broadcasting station or cable system to respond, without cost, to the communication. Prohibits any person from soliciting contributions by falsely representing himself as a candidate or agent thereof. Prohibits the personal use of amounts received by political committees as contributions except as currently provided under the Federal Election Campaign Act of 1971. Allows such contributions to be disbursed by the committee only as an expenditure or as otherwise permitted by law for a political purpose. Limits total small donor political committee contributions to $5,000 per candidate per election. Requires coordinated expenditures to be made only from amounts subject to the Federal Election Campaign Act of 1971. Establishes additional reporting requirements for national and State political party committees and for individuals making contributions to Federal candidates which total more than $20,000 in any calendar year. Title II: Amendments to the Communications Act of 1934 and Title 39, United States Code - Amends the Communications Act of 1934 to authorize the Federal Communications Commission to revoke any station license or construction permit for willful or repeated discrimination against a candidate for Federal office in the amount, class, or period of time made available to such candidate on behalf of such candidacy. Prohibits a licensee from using a broadcasting station for a communication not in compliance with the guidelines established by this Act. Requires such stations to give priority to legally qualified candidates in providing access to the use of such station. Exempts debates between candidates from the equal opportunity requirement. Eliminates the requirement that broadcast rates for legally qualified candidates for specified periods preceding primary, general, or special elections not exceed a station's lowest unit charge for the same class and amount of time. Entitles qualified House candidates to free broadcast time for every two television or radio advertisements purchased. Provides for reduced postage rates for qualified House candidates. Amends the Internal Revenue Code to provide a full tax credit for in-State individual contributions of up to $50 to qualified House candidates. Title III: Effective Date - Specifies that this Act shall apply with respect to Federal elections beginning with the general election of November 3, 1992.
United States · United States Congress · 30 July 1990
Banking Law Enforcement Act of 1990 - 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), the Resolution Trust Corporation (RTC), or the National Credit Union Administration (NCUA) Board (acting as conservator or liquidating agent). Amends the Federal Deposit Insurance Act and the Federal Credit Union 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 from 20 years to 30 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 or disposition of property obtained as a result of a banking law violation. Amends the Federal Deposit Insurance Act and the Federal Credit Union 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). Sets forth as a prerequisite for 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 and the Federal Credit Union Act to empower the FDIC and the NCUA (acting as conservators) to avoid fraudulent conveyances by a debtor institution-affiliated party. Prohibits an insured depository institution or credit union 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 and credit unions may make golden parachute payments and covered benefits payments with FDIC or NCUAB approval. Amends the Federal criminal code to revise the 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 and the Federal Credit Union 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 and the Federal Credit Union 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 from five to ten 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 · 27 July 1990
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 · 19 July 1990
Federal Judgeship Act of 1990 - Amends the Federal judicial code to increase the number of appellate court judgeships in the third, fourth, fifth, sixth, eighth, and tenth judicial circuits. Amends the Federal judicial code to increase the number of district court judgeships in specified judicial districts of California, Connecticut, Florida, Illinois, Iowa, Mississippi, Missouri, New Jersey, New York, Ohio, Oregon, Pennsylvania, Tennessee, and Texas. Converts to permanent status temporary district court judgeships authorized by the Bankruptcy Amendments and Federal Judgeship Act of 1984 for: (1) the Western District of Arkansas; (2) the Northern District of Illinois; (3) the District of Massachusetts; (4) the Western District of New York; (5) the Northern District of Ohio; and (6) the Western District of Washington. Revises existing district court judgeships in specified multi-judicial districts of Arkansas, Iowa, and Oklahoma. Provides for the appointment of temporary district court judgeships in specified judicial districts of Florida, Michigan, Nebraska, New Mexico, New York, Oklahoma, Pennsylvania, Tennessee, Virginia, and West Virginia. Directs the Comptroller General to review the policies, procedures, and methodologies used by the Judicial Conference of the United States in recommending to the Congress the creation of additional Federal judgeships. Authorizes appropriations.
United States · United States Congress · 13 July 1990
Comprehensive Crime Control Act of 1990 - Title I: Correctional Options Incentives Amendments - Amends the Omnibus Crime and Safe Streets Act of 1968 to authorize the Director of the Bureau of Justice Assistance to make four grants each fiscal year to public agencies for correctional options that provide alternatives to traditional modes of incarceration and offender release programs. Allocates funds for such grants. Limits such grants to 50 percent of the total cost of the correctional option. Increases such percentage to 75 percent on the basis of financial hardship. Revises authorization provisions to authorize such sums as may be necessary for FY 1991 and 1992 to carry out Bureau of Justice Assistance programs. Authorizes appropriations. Amends the Defense Authorization Amendments and Base Closure and Realignment Act to require the Secretary of Defense, if property at a closed or realigned military installation remains available after notifying the Department of Defense, to: (1) notify the Attorney General of the availability of the property; and (2) transfer the property to public agencies for use in correctional options programs. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require States that receive specified formula grants to allocate at least five percent of such grants to the improvement of criminal justice records. Waives compliance with such requirement under specified conditions. Amends the Anti-Drug Abuse Act of 1988 to make the Bureau of Prisons responsible for: (1) notifying State and local corrections agencies of the existence of underutilized military facilities suitable for use as minimum security institutions, correctional options, boot camp prisons, or facilities for nonviolent offenders; and (2) assisting such agencies in adapting the facilities for such uses. Title II: Federal Death Penalty - Amends the Federal criminal code to provide for the death penalty for: (1) an attempted killing (on account of such persons' official status) that results in serious bodily injury to the President, Vice President, President-elect, or Vice President-elect; (2) the intentional killing (on account of such persons' official status) of a Member of Congress, a Supreme Court Justice, a member of the Cabinet, the Deputy Director of Central Intelligence, a nominee of such posts, or a major presidential or vice presidential candidate; (3) the intentional killing (on account of such persons' official status) of a foreign official, internationally protected person, or a member of a family of such person; (4) the intentional killing (on account of such persons' official status) of a Federal law enforcement officer or Federal judge; (5) the intentional killing of a Federal witness in the witness protection program; (6) the intentional killing of a victim of a kidnapping or hostage-taking; and (7) traveling in interstate or foreign commerce with intent to murder and intentionally killing the victim. Applies death penalty procedures established under this Act to treason and offenses involving the gathering or delivering of defense information to aid a foreign government. Authorizes the death penalty for specified terrorism offenses. Amends the Federal Aviation Act of 1958 to apply death penalty procedures established under this Act to specified aircraft piracy offenses. Amends the Controlled Substances Act to apply such procedures to specified drug-related and continuing criminal enterprise offenses. Directs the Government, for any offense punishable by death, to: (1) notify the defendant a reasonable time before trial or acceptance of a plea that it intends to seek the death penalty; and (2) set forth the aggravating factors on which it will prove the basis for such penalty. Requires court approval for additional aggravating factors not specifically listed under this Act. Provides for bifurcated trials for death penalty cases. Requires a separate sentencing hearing before a jury or, upon motion by the defendant, the court. Authorizes the presentation of all information relating to mitigating or aggravating factors, without regard to Federal Rules of Evidence. Provides that information is not admissible unless there are sufficient indicia of reliability to support its probative value. Prohibits the admission of information if the danger of prejudice outweighs its probative value. Places the burden of establishing the existence of aggravating factors on the Government and the burden of establishing mitigating factors on the defendant. Lists specified mitigating factors. Sets forth specified aggravating factors for homicide, attempted homicide, espionage, and treason. Authorizes special findings with respect to mitigating factors to be made by a jury member. Requires special findings with respect to aggravating factors to be unanimous. Directs the court to impose a sentence other than death unless two or more aggravating factors are found to exist for treason, espionage, or homicide offenses. Requires the court to instruct the jury not to consider the race, color, religious beliefs, national origin, creed, or sex of the defendant or victim in its consideration of the sentence. Sets forth provisions concerning the appropriateness of sentences and the imposition and implementation of the death sentence. Prohibits the imposition or carrying out of the death sentence on any individual: (1) who was under 18 years of age at the time of the offense; (2) who is mentally retarded; or (3) who is pregnant. Provides for the automatic review of death sentences by the court of appeals unless the defendant waives such review. Requires the Supreme Court to review such a sentence if the court of appeals affirms the sentence. Authorizes any person to seek review or appropriate relief on behalf of a person sentenced to death who is believed to be mentally retarded or incompetent. Title III: Anabolic Steroids - Amends the Controlled Substances Act to: (1) establish penalties for physical trainers or advisers who endeavor to persuade or induce individuals to possess or use anabolic steroids; (2) add anabolic steroids as a schedule III substance under such Act; and (3) define "anabolic steroid" as any drug or hormonal substance that promotes muscle growth in a manner pharmacologically similar to testosterone, including specified substances. Amends the Federal Food, Drug, and Cosmetic Act to apply penalties currently applicable to the distribution of anabolic steroids to the distribution of human growth hormones. Establishes the Interagency Coordinating Council on the Abuse of Anabolic Steroids. Requires the Council to develop a comprehensive strategy for the control of the improper use and abuse of anabolic steroids. Title IV: Asset Forfeiture - Authorizes the Attorney General to transfer a specified amount from the Department of Justice Assets Forfeiture Fund to the Special Forfeiture Fund during FY 1990 through 1993. Amends the Anti-Drug Abuse Act of 1988 to provide for such transfer. Amends the Controlled Substances Act to direct the Attorney General to assure that property is not transferred following an adopted seizure process (i.e., one in which investigative and prosecutive activity related to the seizure was carried out exclusively by State and local agencies) to circumvent any requirement of State law that limits the disposition of property forfeited to State or local agencies. Authorizes the Attorney General to warrant clear title to any subsequent purchaser or transferee of forfeited property. Amends the Controlled Substances Act to authorize the Attorney General to carry out seizure and forfeiture of moneys in the manner provided with respect to seizure and forfeiture of conveyances by the Secretary of the Treasury under the Tariff Act of 1930. Amends the Federal criminal code to authorize the Attorney General or the Secretary of the Treasury, whenever property is civilly or criminally forfeited, to transfer such property or the proceeds of the sale of such property to any foreign country which participated in the seizure or forfeiture if such transfer: (1) has been agreed to by the Secretary of State; (2) is authorized in an international agreement between the United States and such country; and (3) is made to a country that has been certified under the Foreign Assistance Act of 1961 if assistance to such country is restricted. Amends the Controlled Substances Act to require the seizure, and forfeiture to the United States, of all dangerous, toxic, or hazardous raw materials (for use in controlled substances) and equipment or containers for such materials. Revises provisions concerning the Assets Forfeiture Fund to make such Fund available for awards for information or assistance leading to civil or criminal forfeiture under the Controlled Substances Act, the Controlled Substances Import and Export Act, or specified civil and criminal forfeiture provisions under the Federal criminal code. Amends the Controlled Substances Act to add to the list of property subject to forfeiture to the United States drug paraphernalia and firearms used in drug offenses. Title V: Computer Crime - Amends the Federal criminal code to establish penalties for the unauthorized, reckless access of a Federal interest computer that results in the alteration or damage to information or prevents the authorized use of such computer. Title VI: Law Enforcement Scholarships and Recruitment Incentives - Authorizes each State to pay from funds under this Act, the Federal share (not more than 50 percent) of the cost of: (1) awarding scholarships to in-service law enforcement personnel for further education; or (2) providing employment by State and local law enforcement agencies for students who are enrolled at least part time in an accredited institution of higher education and who demonstrate interest in a law enforcement career. Requires each State receiving such funds to designate a lead agency to conduct such programs. Makes the Director of the Bureau of Justice Assistance responsible for administration of such programs and for issuing rules. Provides that such a scholarship shall be for one academic year and may be used at any accredited institution of higher education. Conditions eligibility on an individual's having been employed in law enforcement for two years immediately preceding the date for which scholarship assistance is sought. Makes persons who have been employed as law enforcement officers ineligible to participate in the employment program. Requires each individual awarded a scholarship to work in a law enforcement position in the State which made the award for a period of one month for each credit hour of financial assistance (with a six-month minimum and two-year maximum). Authorizes and allocates appropriations. Title VII: Firearms Provisions - Amends the Federal criminal code to prohibit the transfer of firearms to non-residents of the State in which the transferor resides. Amends the Internal Revenue Code to revise provisions concerning the disposition of forfeited firearms. Amends the Federal criminal code to prohibit the assembly of semiautomatic rifles or shotguns which are prohibited from being imported into the United States, with exceptions. Title VIII: Chemical Diversion and Trafficking - Amends the Controlled Substances Act to revise and expand the list of precursor chemicals, including transferring to such list hydriodic acid from the list of essential chemicals. Title IX: Drug Paraphernalia - Amends the Controlled Substances Act to make it unlawful to sell, transport in interstate commerce, import, or export drug paraphernalia. Transfers specified provisions of the Anti-Drug Abuse Act of 1986 that relate to drug paraphernalia to the Controlled Substances Act. Revises penalty provisions with respect to drug paraphernalia. Repeals drug paraphernalia provisions of the Anti-Drug Abuse Act of 1986. Authorizes appropriations to the Attorney General for the creation of task forces to enforce this title. Title X: Licit Opium Imports - Directs the President to review and report to the Congress on the advisability of continued reliance on the 80-20 rule by which at least 80 percent of U.S. imports of narcotics raw material must come from India and Turkey. Title XI: Sentencing for Methamphetamine Offenses - Directs the U.S. Sentencing Commission to promulgate or amend guidelines for sentences involving methamphetamine offenses so that more substantial penalties are imposed if the substance is smokable crystal methamphetamine. Title XII: Obstruction of Justice - Amends the Federal criminal code to increase penalties for obstruction of justice offenses against court officers and jurors and for retaliatory killings of witnesses, victims, and informants. Title XIII: Habeas Corpus - Amends the Federal judicial code to revise provisions governing habeas corpus procedures, particularly in capital cases. Establishes a one-year statute of limitations for the filing of an application for habeas corpus relief from a sentence of death. Prescribes periods during which such time requirement shall be tolled, including any period during which the applicant is not represented by counsel. Provides for dismissal of an application for failure to comply with such time requirement, except where the waiver of such requirement is warranted by exceptional circumstances. Specifies requirements for stays of execution and for the consideration of second or successive applications for a writ of habeas corpus in capital cases. Grants an applicant under sentence of death the right to appeal the final order in a habeas corpus proceeding without a certificate of probable cause, except after denial of a second application. Requires each habeas corpus claim to be governed by the law existing on the date the court considers the claim. Specifies circumstances under which the court may decline to apply a new rule representing a sharp break from precedent that positively changes the law from governing at the time the claimant's sentence became final. Specifies circumstances under which a habeas corpus applicant shall be deemed to have defaulted for failing to raise a claim in State proceedings. Requires any State in which capital punishment may be imposed to: (1) provide legal services to indigents who have been charged with capital offenses or who seek appellate, collateral, or Supreme Court review of a death sentence; and (2) establish an appointing authority to recruit, train, appoint, and evaluate attorneys for capital clients. Specifies standards for qualifications and performance for the lead counsel and co-counsel at the trial or sentencing stage and at the appellate, collateral, or certiorari stage. Provides for payment of appointed attorneys from the private bar and for relief and procedural exceptions where a State fails to provide qualified counsel in capital cases. Eliminates exceptions to the dismissal of any claim for habeas corpus relief where the petitioner has failed to exhaust available and effective State court remedies. Title XIV: Prisons - Directs Federal Prison Industries (FPI) to study and report to the Congress on new areas of business growth. Amends the Federal criminal code to require Federal agencies to report to the General Services Administration on all products and services acquired from FPI. Provides that such information shall be entered in the Federal Procurement Data System. Requires FPI to publish and periodically update a catalog of all products and services it offers for sale. Removes the limit on the amount of time a prisoner may spend in pre-release custody. Requires the Bureau of Prisons to make substance abuse treatment available for prisoners. Title XV: Criminal Aliens - Amends the Immigration and Nationality Act to revise the definition of aggravated felony to include illicit trafficking in controlled substances. Grants Immigration and Naturalization Service (INS) officers the power to make arrests for any offense against the United States. Directs the Commissioner of Immigration and Naturalization to provide for the fingerprinting and photographing of each alien 14 or over against whom a deportation proceeding is commenced. Revises the condition for an alien's release from custody pending determination of deportability. Declares that any judicial recommendations against deportation shall not be taken into account in a deportation proceeding in determining the number of convictions for crimes involving moral turpitude. Repeals a proviso indicating that a written request from a prosecutor or judge obliges the Attorney General to deport an alien before his or her release from the correctional institution where he or she is confined. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require States, as a condition for receiving drug control and system improvement grants, to provide INS without fee the certified conviction records of aliens convicted of violating State criminal laws. Provides for deportation for attempted violations of controlled substances laws. Revises the definition of good moral character to exclude persons convicted of an aggravated felony (not just, as current law provides, the crime of murder). Requires the Attorney General to report to the Congress on the efforts of INS to apprehend, detain, and remove from the United States aliens convicted of crimes in the United States. Directs the Attorney General to include in such report a plan for the prompt removal from the United States of criminal aliens who are subject to exclusion or deportation. Title XVI: Shock Incarceration - Amends the Federal criminal code to authorize the Bureau of Prisons to place in a shock incarceration program any person who is sentenced to a term of imprisonment of 12 to 30 months, if such person consents. Requires an inmate in such program, for up to six months of initial imprisonment, to: (1) adhere to a highly regimented schedule that provides the strict discipline, physical training, hard labor, drill, and ceremony characteristic of military basic training; and (2) participate in appropriate educational, drug, and other counseling programs. Specifies that an inmate who has successfully completed the required period of shock incarceration shall remain in the custody of the Bureau for such period (not to exceed the remainder of the prison term otherwise required) and under such conditions as the Bureau deems appropriate. Authorizes appropriations. Title XVII: Public Safety Officers' Death Benefits - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require the Bureau of Justice Assistance to pay a disability benefit to a public safety officer permanently and totally disabled as a result of an injury sustained in the line of duty. Prohibits the payment of: (1) death benefits to officers who receive disability benefits; and (2) disability benefits to officers who receive death benefits. Applies specified limitations on death benefits to disability benefits. Title XVIII: Racially Discriminatory Capital Sentencing - Amends the Federal judicial code to prohibit the execution of a death sentence under State or Federal law that was imposed on the basis of race, color, or national origin of the defendant or the victim. Establishes a prima facie case that a sentence was based on such factors where statistics prove that death sentences are being imposed disproportionately on members of one race. Authorizes the prosecution to rebut a prima facie showing by establishing that identifiable and pertinent nonracial factors explain the racially discriminatory pattern or that the sentence does not fall within such pattern. Requires any State or Federal entity that provides for the imposition of the death penalty to collect and make public pertinent data on the charging, disposition, and sentencing results for all capital crime cases. Sets forth conditions under which a determination on the merits of a factual issue made by a State court with respect to racially discriminatory capital sentencing claims shall be presumed to be correct. States that the failure to raise such a claim before the enactment of this Act shall not bar future claims. Title XIX: Intoxication and Restitution - Amends the Federal bankruptcy code to prohibit the discharge of debt arising from death or personal injury caused by the debtor while driving intoxicated. Prohibits the discharge of debts arising from restitution imposed for committing a crime.
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 · 11 July 1990
Robert Noyce National Math and Science Teachers Corps Act - Authorizes the Secretary of Education to award up to 5,000 scholarships annually to assist individuals in obtaining a teaching degree (with individual limits of four such scholarships for undergraduate study and two for graduate study). Requires scholarship recipients to agree to: (1) teach science or mathematics in an elementary or secondary school eligible for certain payments for disadvantaged children's education, for at least two years for each fiscal year the recipient received such a scholarship; or (2) repay such scholarship in whole or in part, depending on the amount of required teaching done. Authorizes appropriations.
United States · United States Congress · 5 June 1990
Codifies existing Federal transportation law relating to: (1) the Department of Transportation; (2) the National Transportation Safety Board; (3) general and intermodal programs; (4) interstate commerce; (5) rail programs; (6) motor vehicle and driver programs; (7) aviation programs; (8) pipelines; (9) commercial space launch activities; (10) bills of lading; (11) contraband; (12) damage to transported property; (13) transportation of animals; (14) payments for inspection and quarantine services; and (15) medals of honor. Sets forth provisions relating to: (1) ports of entry for civil aircraft; (2) customs violations, including public health, immigration, and controlled substances violations; (3) animal and plant quarantines; and (4) exempting mass transportation from Interstate Commerce Commission jurisdiction. Repeals various Acts of Congress relating to Federal transportation law.
United States · United States Congress · 5 June 1990
1992 Olympic Commemorative Coin Act - Directs the Secretary of the Treasury to issue 1992 Olympic Games commemorative five-dollar gold coins and one-dollar silver coins. Prescribes guidelines for the sale and pricing of such coins and directs the Secretary to ensure that their issuance will not result in any net cost to the United States. Mandates that surcharges be paid to the U.S. Olympic Committee.
United States · United States Congress · 23 May 1990
Amends Federal Law (popularly known as the Agricultural College Act of 1890 and also as the Second Morrill Act) to require that, if any State or Territory has more than one college which is entitled to receive an annual payment under land grant college provisions, the payments must be equitably divided among the colleges, as proposed by the State or Territorial legislature and approved by the Secretary of Agriculture. (Current law replaced by this provision prohibits payments to colleges where admission distinctions are made on the basis of race or color, but allows payments to separate colleges or educational institutions for white and colored students so long as the payments are equitably divided.)
United States · United States Congress · 14 May 1990
Americans with Disabilities Act of 1990 - Title I: Employment - Prohibits discrimination by any employer, employment agency, labor organization, or joint labor-management committee (covered entity) against any qualified individual with a disability in job application procedures, hiring or discharge, compensation, advancement, training, and other terms, conditions, and privileges of employment. Lists actions construed to be discrimination. Allows: (1) actions that are job related and consistent with business necessity, if performance cannot be accomplished by reasonable accommodation; (2) a requirement that an individual not pose a direct threat to the health or safety of other individuals in the workplace; and (3) requirements that an individual be a member of and conform to the tenets of a religious entity employer. Excludes from the term "qualified individual with a disability" an individual who is currently engaging in the illegal use of drugs. Allows a covered entity to take specified actions with regard to the illegal use of drugs and the use of alcohol in relation to the workplace. Declares that, for this title, a test to determine illegal use of drugs is not a medical examination. Makes the remedies set forth in specified provisions of the Civil Rights Act of 1964 available to the Equal Employment Opportunity Commission, the Attorney General, or any person alleging discrimination in violation of this Act. Title II: Public Service - Subtitle A: Prohibition Against Discrimination and Other Generally Applicable Provisions - Declares that no qualified individual with a disability shall be excluded from the participation in, denied the benefits of, or subjected to discrimination by public entity (defined as a State, an agency, political subdivision, or other instrumentality of a State or States, the National Railroad Passenger Corporation, and any commuter authority as defined in the Rail Passenger Service Act.) Makes the remedies and rights set forth in specified provisions of the Rehabilitation Act of 1973 available to any person alleging discrimination in violation of these provisions. Requires regulations under this subtitle: (1) subject to exception, to be consistent with certain coordination regulations applicable to recipients of Federal financial assistance under the Rehabilitation Act of 1973; and (2) to include standards for facilities and vehicles covered by this subtitle consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board (ATBCB). Subtitle B: Actions Applicable to Public Transportation Provided by Public Entities Considered Discriminatory - Part I: Public Transportation Other Than Aircraft or Certain Rail Operations - Lists actions deemed to be discrimination with regard to: (1) public entities operating fixed route systems, with an exception for historic vehicles; (2) paratransit as a complement to fixed route service, with consideration given to undue financial burdens; and (3) public entities operating demand responsive systems. Allows the Secretary of Transportation, in certain circumstances, to temporarily relieve a public entity from the obligation to purchase new buses that are accessible and usable by individuals with disabilities. Lists actions deemed to be discrimination with regard to construction of new facilities or alterations of existing facilities, with special rules for rapid rail and light rail key stations, including an extension of deadlines for extraordinarily expensive structural changes. Lists actions deemed to be discrimination with regard to public transportation programs and activities in existing facilities, with an exception for certain key stations. Requires one accessible car per train. Provides an exception for historic trains. Requires regulations under these provisions to include standards consistent with the minimum ATBCB guidelines and requirements. Part II: Public Transportation by Intercity and Commuter Rail - Lists actions deemed to be discrimination with regard to intercity and commuter rail. Requires one accessible car per train. Requires accessibility standards included in regulations under this part to be consistent with the ATBCB minimum guidelines. Title III: Public Accommodations and Services Operated by Private Entities - Prohibits discrimination on the basis of disability in the enjoyment of any place of public accommodation. Lists actions construed to be discrimination. Prohibits discrimination on the basis of disability in public transportation services provided by a private entity that is primarily engaged in transporting people. Lists actions construed to be discrimination, with an exception for historic or antiquated rail passenger cars. Exempts from this title: (1) private clubs or establishments exempted from coverage under title II of the Civil Rights Act of 1964; and (2) religious organizations or entities controlled by religious organizations, including places of worship. Makes the remedies and procedures set forth in specified provisions of the Civil Rights Act of 1964 available to any person who is being subjected to discrimination on the basis of disability in violation of this title or who has reasonable grounds for believing that such person is about to be subjected to such discrimination. Declares that nothing in these provisions requires a person with a disability to engage in a futile gesture if the person has actual notice that a person or organization covered by this title does not intend to comply with its provisions. Requires, for certain violations, injunctive orders to alter facilities and, in other circumstances as appropriate, injunctive orders to provide an auxiliary aid or service, modify a policy, or provide alternative methods. Directs the Attorney General to investigate alleged violations of this title and undertake periodic reviews of compliance. Provides for certification by the Attorney General that a State law or local building code or similar ordinance meets or exceeds the minimum requirements of this Act. Makes such certification rebuttable evidence that the law or ordinance meets or exceeds the requirements of this Act. Authorizes the Attorney General to commence a civil action in any U.S. district court if there is reasonable cause to believe that any person or group: (1) is engaged in a pattern or practice of discrimination; or (2) has been discriminated against and the discrimination raises an issue of general public importance. Allows a court, in such an action, to: (1) grant equitable relief as appropriate; (2) award other relief including monetary damages to persons aggrieved when requested by the Attorney General; and (3) assess a civil penalty. Requires any person that offers examinations or courses related to applications, licensing, certification, or credentialing for secondary or postsecondary education, professional, or trade purposes to offer the examinations or courses in an accessible place and manner or offer alternative accessible arrangements. Title IV: Telecommunications - Amends the Communications Act of 1934 to define "telecommunications relay services" to mean telephone transmission services that provide the ability for an individual with a hearing or speech impairment to engage in communication by wire or radio with a hearing individual in a manner that is functionally equivalent to the ability of an individual who does not have such an impairment. Requires the Federal Communications Commission (FCC) to ensure that interstate and intrastate telecommunications relay services are available, to the extent possible and in the most efficient manner, to hearing-impaired and speech-impaired individuals. Grants the FCC, in order to carry out these provisions, the same authority regarding intrastate common carriers as it has over interstate common carriers. Requires each common carrier providing telephone voice transmission services to provide telecommunications relay services, individually, through designees, through a competitively selected vendor, or in concert with other carriers. Requires that relay services operate 24 hours a day, every day and that rates be no greater than for voice communications services. Provides for certification by the Commission of State programs to implement intrastate telecommunications relay services. Requires any television public service announcement produced or funded in whole or part by any agency or instrumentality of the Federal Government to include closed captioning. Title V: Miscellaneous Provisions - Declares that a State shall not be immune under the 11th Amendment to the Constitution from an action in Federal or State court for a violation of this Act. Prohibits retaliatory discrimination against any individual because of actions related to this Act. Prohibits coercion, intimidation, or interference with any individual in the exercise or enjoyment of, or on account of having exercised, or aided or encouraged others regarding, any right granted or protected by this Act. Requires the ATBCB to issue minimum guidelines to supplement the existing Minimum Guidelines and Requirements for Accessible Design, including guidelines regarding historic properties. Allows the awarding of reasonable attorney's fees, in certain circumstances, in any action or proceeding under this Act. Directs the Attorney General to develop a plan to assist entities covered under this Act, and other Federal agencies, in understanding their responsibilities under this Act. Authorizes specified Federal agencies to: (1) render technical assistance regarding rights or duties under this Act; and (2) make grants or award contracts with regard to the provision of technical assistance. Directs the National Council on Disability to conduct a study and report on the effects that wilderness designations and wilderness land management practices have on the ability of individuals with disabilities to use and enjoy the National Wilderness Preservation System. Declares that, for this Act, the term "disabled" or "disability" shall not apply to transvestites. Provides for the application of this Act to the Senate, the House of Representatives, the Congress, and all of their instrumentalities. Declares that certain provisions of this Act and of the Fair Labor Standards Amendments of 1989 applying provisions of each Act to the House of Representatives are enacted by the Congress as an exercise of the rulemaking power of the House of Representatives and may be changed as any other rule. Declares that, for this Act and subject to exception, the term "individual with a disability" does not include an individual who is currently engaging in the illegal use of drugs. Excludes homosexuality, bisexuality, and certain conditions from the definition of "disability." Amends the Rehabilitation Act of 1973 to declare that, for title V of that Act and subject to exception, the term "individual with handicaps" does not include an individual who is currently engaging in the illegal use of drugs.
United States · United States Congress · 10 May 1990
Social Security Justice Act of 1990 - Amends titles II (Old Age, Survivors and Disability Insurance) and XVI (Supplemental Security Income) of the Social Security Act to require the Secretary of Health and Human Services to apply an interpretation of provisions of, or regulations under, such titles reached by a U.S. court of appeals in a case to which the Department of Health and Human Services or an employee was a party to all individuals and circumstances within the court's jurisdiction, except during the pendency of an appeal of the court's decision to the Supreme Court. Requires the Secretary to: (1) appeal a decision which requires the Secretary's acquiescence in more than one circuit on the same question of law; and (2) apply such decision to all individuals and circumstances in all circuits if the question of law is not reviewed by the Supreme Court. Gives the U.S. courts of appeals original jurisdiction over actions in the nature of mandamus brought by individuals whose rights may be prejudiced if the Federal Government is not compelled to carry out its duties under this Act.
United States · United States Congress · 9 May 1990
Repeals provisions of existing law which: (1) terminate on December 29, 1990, the authority of the Marshal and Police of the Supreme Court to protect the justices and guests of the Court and Court officers and employees engaged in official duties in any part of the United States (thus making such protection permanent law); and (2) require the Marshal to report annually to the Congress regarding the administrative cost of carrying out such duties.
United States · United States Congress · 8 May 1990
Declares that the President should award the Presidential Medal of Freedom to Martha Raye in honor of her service in the form of entertainment and nursing care to members of the U.S. armed forces.
United States · United States Congress · 3 May 1990
Foreign Anticompetitive Practices Act of 1990 - Declares that it shall not be a defense to liability for a claim alleged under the antitrust laws that the conduct on which such claim is based was directed or compelled by a foreign state.
United States · United States Congress · 2 May 1990
Wetlands Restoration and Conservation Act - Authorizes States to adopt wetlands restoration and conservation programs and to require the issuance of permits for development activities in protected wetlands (other than habitable areas). Provides for the issuance of conservation credits to persons carrying out approved projects. Requires credits to be used for: (1) offsetting permit requirements and restrictions for wetlands activities; and (2) matching funds for grants issued under this Act. Makes persons who fail to carry out projects for which credits are issued subject to revocation of credits or to civil penalties. Provides for the expedited issuance of permits for wetlands conservation projects. Authorizes States to submit to the Secretary of the Army for approval programs for the creation, restoration, or protection of wetlands. Requires the Secretary to delegate authority for such programs to States if the programs are consistent with this Act. Sets forth program requirements. Amends the Internal Revenue Code to establish a Wetlands Protection Trust Fund to be used only for grants to States for wetlands conservation or restoration projects. Appropriates to the Fund five percent of all bonuses, rents, and royalties received in connection with leasing activities on the Outer Continental Shelf. Directs the Secretary to establish a grant program for States with approved wetlands restoration and conservation programs. Limits the Federal share of the cost of any activity carried out with a grant.
United States · United States Congress · 26 April 1990
Provides that members of the Reserve or National Guard who participated in atmospheric nuclear detonation testing during active duty for training or inactive-duty training and who have contracted certain radiation-related diseases within specified periods following such testing shall be deemed to have contracted such diseases during active military services for purposes of eligibility for the following benefits administered by the Department of Veterans Affairs: (1) disability compensation; (2) dependency and indemnity compensation; (3) hospital, nursing home, domiciliary, and medical care; (4) burial, cemetery, and memorial benefits; and (5) survivors' and dependents' educational benefits.
United States · United States Congress · 26 April 1990
Calls immediately for Greyhound Lines, Inc., and the Amalgamated Transit Union to resume negotiations under the auspices of the Federal Mediation and Conciliation Service and the Secretary of Labor.
United States · United States Congress · 25 April 1990
National Cooperative Production Amendments of 1990 - Amends the National Cooperative Research Act of 1984 to: (1) apply such Act to joint ventures for the production of any product, process, or service; and (2) require consideration of the worldwide capacity of suppliers to provide a product, process, or service in determining the relevant market for judging the reasonableness of conduct under a joint venture. Makes this Act inapplicable with respect to any activity in connection with a joint production venture if more than 30 percent of the beneficial ownership of the voting securities and equity of such venture is controlled by foreign entities. Requires any facilities operated by such venture to be located within the United States or its territories.
United States · United States Congress · 25 April 1990
Title I: Swap Agreements - Amends Federal bankruptcy law to define "swap agreement" and "swap participant." Exempts various transactions in connection with interest rate and currency swap agreements from the automatic stay triggered by the filing of a bankruptcy petition. Prohibits the trustee in bankruptcy from avoiding any transfer made under a swap agreement before commencement of the bankruptcy case or any setoff in connection with a swap agreement if the offset is made within 90 days prior to the bankruptcy filing. Provides that the contractual right of a nonbankrupt party to a swap agreement to terminate the agreement shall not be stayed or otherwise limited under Federal bankruptcy law or by related judicial or administrative proceedings. Title II: Forward Contracts - Amends Federal bankruptcy law to revise the definition of "forward contract" to include commodities enumerated in the Commodity Exchange Act as well as any similar item which is presently or may in the future become the subject of dealing in the forward contract trade. Designates specified transactions within the definition of "forward contract" including repurchase and reverse repurchase transactions, options, and hedge transactions. Defines margin payments and settlement payments for forward contract purposes. Exempts any set-offs involving such payments from: (1) the automatic stay provisions triggered by a bankruptcy petition; and (2) avoidance powers of the bankruptcy trustee. Provides that a swap participant that receives a margin or settlement payment in connection with a swap agreement takes for value to the extent of such transfer (thus exempting such payments from scrutiny as to whether they are actually fair value for the amount used). Revises the scope of contract rights liquidating a forward contract to include rights not evidenced in writing.
United States · United States Congress · 24 April 1990
Authorizes and requests the President to designate May 26, 1990, to commemorate the bicentennial of "An Act for the government of the territory of the United States, south of the river Ohio" (from which Tennessee was formed).
United States · United States Congress · 4 April 1990
Amends title XVIII (Medicare) of the Social Security Act to prohibit the implementation of sanctions against a hospital for violating Medicare emergency medical condition screening and treatment requirements until a peer review organization makes a finding as to whether such a violation has occurred.
United States · United States Congress · 4 April 1990
Commends the Runnin' Rebels of the University of Nevada at Las Vegas for winning the 1990 National Collegiate Athletic Association Men's Basketball Championship.
United States · United States Congress · 22 March 1990
World War II 50th Anniversary Commemorative Coin Act - Expresses the sense of the Congress that the United States should recognize the 50th anniversary of World War II by minting and issuing commemorative coins. Directs the Secretary of the Treasury to issue and mint such coins in five dollar, one dollar, and half dollar denominations. Mandates that surcharges received from the sale of such coins be deposited in a coinage profit fund and allocated, upon separate congressional authorization, to the American Battle Monuments Commission to establish a World War II memorial. Directs the Secretary to report semiannually to the Congress regarding implementation of this Act.
![Official portrait of Rep. Brooks, Jack B. [D-TX-9]](https://www.congress.gov/img/member/b000880_200.jpg)