United States · United States Congress · 19 October 1990
Condemns the use of force in the Kosovo province of Yugoslavia by any party. Urges ethnic Albanians to continue showing restraint and pursuing peaceful and democratic avenues for resolution of problems in Kosovo. Urges the Government of Serbia to abandon policies which exacerbate the ethnic crisis in southern Yugoslavia, to refrain from violence and the threat or use of force, and to engage in peaceful dialogue with representatives of the Albanian Democratic Alliance Movement. Urges the Governments of the Republics of Slovenia and Croatia to meet their financial commitments to Kosovo and to remain engaged in working to resolve Kosovo's grave economic conditions. Commends the Yugoslav Government and Prime Minister Markovic for efforts to mediate between the Slavic minorities and ethnic Albanians in Kosovo, for condemning violence, and pledging to investigate all human rights abuses. Urges the Federal Government and the Prime Minister to increase efforts to reestablish a constructive dialogue. Requests the President to express, to the highest levels of the Yugoslav Government, congressional concerns about the situation in Kosovo.
United States · United States Congress · 18 October 1990
Enterprise for the Americas Initiative Act of 1990 - Title I: Enterprise for the Americas Facility - Establishes in the Department of the Treasury the Enterprise for the Americas Facility to support improvement in the lives of the people of Latin America and the Caribbean through market-oriented reforms and economic growth with actions to promote debt reduction, investment reforms, and community based conservation and sustainable use of the environment. Makes eligible for Facility benefits Latin American or Caribbean countries that: (1) have in effect, received approval for, or are making progress toward, specified International Monetary Fund arrangements and structural or sectoral adjustment loans from the International Bank for Reconstruction and Development or the International Development Association; (2) have put in place major investment reforms in conjunction with an Inter-American Development Bank loan or are implementing or making progress toward an open investment regime; and (3) have agreed with commercial bank lenders on a financing program for debt or debt service reduction. Title II: Debt Reduction - Authorizes the President to reduce the amount owed to the United States (as a result of concessional loans made pursuant to the Foreign Assistance Act of 1961 or predecessor foreign economic assistance legislation) by any country eligible for Facility benefits. Declares that this title supersedes specified provisions of the Foreign Assistance Act of 1961 and the International Development and Food Assistance Act of 1975 concerning repayments of loans outstanding after September 19, 1966, and the settlement of debts owed to the United States. Sets forth requirements with respect to the exchange of obligations, repayment of principal, and interest on new obligations issued by beneficiary countries. Title III: Enterprise for the Americas Environmental Funds - Requires beneficiary countries that enter into Environmental Framework Agreements to establish Enterprise for the Americas Environmental Funds. Authorizes the Secretary of State to enter into Environmental Framework Agreements concerning the operation and use of Environmental Funds with countries eligible for Facility benefits. Directs administering bodies in each beneficiary country to administer the Environmental Funds and to make grants for environmental activities. Requires grants from the Funds to be used for activities that link the conservation and sustainable use of natural resources with local community development. Subjects grants of more than $100,000 to veto by the U.S. Government or the government of the beneficiary country. Establishes an Environment for the Americas Board to: (1) advise the Secretary on the negotiations of Environmental Framework Agreements; (2) ensure that a suitable administering body is identified for each Environmental Fund; and (3) review the programs, operations, and fiscal audits of administering bodies. Declares that the President should encourage other official creditors of beneficiary countries whose debt is reduced under this Act to provide debt reduction to such countries. Requires the President to ensure that Environmental Funds are able to receive donations from private and public entities and private creditors of beneficiary countries. Title IV: Reports - Directs the President to report annually to the Speaker of the House and the President of the Senate on the Facility.
United States · United States Congress · 17 October 1990
Expresses the sense of the Congress that the President should declare November 2, 1990, a national day of prayer for: (1) members of American military forces and American citizens stationed or held hostage in the Middle East, and for their families; and (2) American and Iraqi authorities to bring about a just resolution of the Persian Gulf crisis.
United States · United States Congress · 16 October 1990
Salutes and congratulates the people of Poland as they commemorate the 200th anniversary of the adoption of the Polish Constitution on May 3, 1991. Directs the Library of Congress to commemorate the anniversary with appropriate ceremonies.
United States · United States Congress · 10 October 1990
Expresses the sense of the Congress that: (1) the crisis created by Iraq's invasion and occupation of Kuwait must be addressed and resolved separately from other conflicts in the region; and (2) the President should continue to thwart any effort to link such crisis with the Arab-Israeli conflict.
United States · United States Congress · 27 September 1990
Aviation Security Improvement Act of 1990 - Title I: Aviation Security - Amends Federal law to establish an Assistant Secretary for Transportation Security and Intelligence for the development of transportation security. Requires the Secretary of Transportation (Secretary) to report annually to the Congress on transportation security. Amends the Federal Aviation Act of 1958 to require the Administrator of the Federal Aviation Administration (FAA) (Administrator) to report annually (currently, semiannually) to the Congress on the effectiveness of screening procedures for passengers boarding aircraft. Establishes in the FAA an Assistant Administrator for Civil Aviation Security. Requires the Assistant Administrator to review and develop measures to strengthen air transportation security, including: (1) controls over checked baggage in air transportation; (2) control over individuals with access to aircraft; (3) testing of security systems; (4) use of modern x-ray equipment; and (5) preflight screening of passengers. Directs the Administrator to establish the position of: (1) Federal Security Manager for each U.S. airport that needs one; and (2) Foreign Security Liaison officer for each such airport outside of the United States. Directs the Administrator to issue regulations that subject to employment investigation, including criminal history record checks, all air carrier personnel, and individuals applying for air carrier positions, with unescorted access to domestic and foreign aircraft or to secured areas of domestic airports serving U.S. or foreign air carriers. Directs the Administrator to prescribe standards for the hiring, continued employment, and contracting of air carrier and airport security personnel. Requires foreign air carriers to adopt and use a security program approved by the Administrator. Requires the Administrator and the Director of the Federal Bureau of Investigation to conduct an assessment of current and potential threats to the domestic air transportation system, including the security of individual airports. Directs the Administrator to establish a program to accelerate and expand the research, development, and implementation of technologies and procedures to counteract terrorist acts against civil aviation. Requires the Administrator to: (1) complete a review of threats to civil aviation; and (2) establish a scientific advisory panel, as a subcommittee of the Research, Engineering and Development Advisory Committee, to review and advise on the progress of such program, including the need for long-range research programs to detect and prevent catastrophic damage to commercial aircraft by the next generation of terrorist weapons. Authorizes appropriations. Prohibits the deployment or purchase of explosive detection equipment unless the Administrator certifies that it can reliably detect explosive material which can cause catastrophic damage to commercial aircraft with 60 or more passenger seats. Requires air carriers, airport operators, travel agents, and employees who receive information of a threat to civil aviation to provide such information to: (1) an official of the FAA; (2) the Assistant Secretary of Transportation for Transportation Security and Intelligence; or (3) other appropriate officials. Requires the Administrator to cancel flights in the event that passenger safety from such a threat cannot be ensured. Requires the Administrator to develop guidelines to ensure notification to the public and to the flight and cabin crews of an air carrier flight of any threats to its security. Directs the Administrator to develop guidelines for airport design and construction to allow for maximum security enhancement. Directs the heads of the agencies of the intelligence community to promulgate policies and procedures to ensure that intelligence reports concerning international terrorism are made available to other members of the intelligence community, the Department of Transportation, and the FAA. Directs the Director of Central Intelligence to designate at least one intelligence officer of the Central Intelligence Agency to serve in a senior staff position in the Office of the Secretary of the Department of Transportation. Requires the Administrator to study whether additional requirements should be imposed to enhance the security requirements for the transportation of mail and cargo by passenger aircraft. Title II: United States Response to Terrorism Affecting Americans Abroad - Declares that the Department of State (the Department) shall be responsible for negotiating aviation security agreements with foreign countries concerning implementation of U.S. rules and regulations which affect the foreign operations of U.S. air carriers, foreign air carriers, and foreign international airports. Directs the Secretary of State to enter into negotiations for bilateral and multilateral agreements: (1) to enhance aviation security; (2) to implement the Foreign Airport Security Act and the foreign airport assessment program; and (3) to achieve improved availability of passenger manifest information. Makes the Coordinator for Counterterrorism responsible for the coordination of international aviation security for the Department. Requires the Administrator to require all U.S. air carriers to provide a passenger manifest of any flight to appropriate representatives of the Department within three hours after the carrier is notified of an aviation disaster outside the United States involving such flight. Authorizes the use of passport fees collected by the Department for the acquisition and production of machine-readable U.S. passports and visas and compatible reading equipment. Declares it to be the policy of the Department to notify promptly the families of victims of aviation disasters abroad, including timely written notice. Directs the Secretary of State to issue guidelines to provide that in the event of a disaster, particularly an aviation tragedy, involving U.S. citizens abroad, the Department will assign a specific individual, and an alternate, as the Department liaison for the family of each such citizen. Requires the Secretary to ensure that a toll-free telephone number is reserved for the use of the families of citizens who have been involved in such disasters. Requires the Secretary to institute a supplemental program of training in disaster management for all consular officers. Directs the Secretary to issue guidelines to provide in the event of an international aviation disaster involving U.S. citizens that at least: (1) one senior officer from the Bureau of Consular Affairs of the Department shall be dispatched to the disaster site; and (2) one Department employee shall be dispatched to such site to provide assistance and to act as an ombudsman with foreign local authorities for the victims' families. Requires the Secretary to promulgate: (1) criteria for Department staffing of disaster sites abroad; and (2) procedures for the deployment of a crisis team. Declares it to be the policy of the Department to provide arrangements for the preparation and transport to the United States of the remains of citizens who die abroad, as well as for disposition of personal effects. Requires the Secretary to compile an assessment of the Department response to the Pan American Airways Flight 103 disaster over Lockerbie, Scotland, together with guidelines for future response to such disasters, for distribution to Embassy and consular posts abroad. Requires the Secretary to promulgate guidelines with respect to recognition for the families of U.S. citizens who are killed through acts of terrorism abroad. Expresses the sense of the Congress that the United States should take appropriate action to increase limits on carrier liability established by the Convention for the Unification of Certain Rules Relating to International Transportation by Air (Warsaw Convention). Directs the President to submit to the Congress a legislative proposal to authorize the United States to provide monetary and tax relief as compensation to U.S. citizens who are victims of terrorism. Exempts the victims of the Lockerbie air disaster from income tax liability for any taxable year including December 21, 1988, and the prior year. Requires the Secretary to issue regulations to establish, under the Bureau of Consular Affairs, an electronic bulletin board accessible to the general public. Authorizes appropriations for antiterrorism assistance. Amends the Foreign Assistance Act of 1961 to authorize training services, including short term refresher training, with respect to antiterrorism, to be conducted, under specified circumstances, outside of the United States. Directs the Secretary of State to develop and publish guidelines for thwarting efforts by international terrorists to enlist unwitting assistance of international aviation travelers in terrorist activities. Requires the Secretary of State to publish U.S. rewards for information on international terrorist-related activities. Expresses the sense of the Congress that the Secretary should take measures to utilize and train U.S. employees at U.S. airports and abroad in the detection of explosives and firearms which could threaten international civil aviation. Requires the Secretary of State to propose to the International Civil Aviation Organization the establishment of a security program which includes: (1) training for airport security personnel; (2) grants for security equipment acquisition for certain nations; and (3) expansion of canine teams in the detection of explosive devices in all airports, including passenger screening areas and nonpublic baggage assembly and processing areas.
United States · United States Congress · 27 September 1990
Decennial Census Accuracy Improvement Act of 1990 - Amends Federal census law to require the Secretary of Commerce to determine whether the tabulations of population of the respective States should be adjusted in order to correct for any under- or over-counting. Provides that the tabulation for a State shall not be complete unless: (1) the Secretary determines that no adjustment is required in the tabulation of population for any State; or (2) appropriate adjustments for each State have been made, if it is determined that adjustment would improve the accuracy of census counts. Requires that any incomplete tabulation reported to a State to be identified as preliminary and subject to adjustment. States that if the deadline cannot be met to complete and report such data to the respective States the Secretary shall: (1) provide advance written notice to the Congress (including a statement of reasons and the anticipated compliance date); and (2) have until the second July 15th after the decennial census date to complete and report the tabulation of population to the respective States. Applies this Act to data obtained from the 1990 decennial census or any to follow. Deems as a reference to such tabulation in its completed form as determined by this Act any requirement under Federal law that a tabulation of population for a State (as obtained in the 1990 or a later decennial census) be used. Requires the Secretary to report on the data obtained from the 1990 decennial census to the appropriate congressional committees. Declares that the authority to use the "sampling" statistical method shall be governed by this Act.
United States · United States Congress · 27 September 1990
United States Policy on Iraqi Aggression Resolution - Sets forth objectives with respect to U.S. policy in the Persian Gulf. Declares that the United States and the international community must continue to oppose Iraq's armed aggression against Kuwait. States that the United States and the international community should: (1) continue to condemn Iraq for aggression and specified human rights and terrorist offenses; and (2) hold Iraq and its leaders accountable for such actions. Supports the deployment of U.S. armed forces to the Persian Gulf region and expresses appreciation to such forces. Commends the President for his efforts to promote international consensus and cooperation in response to the Persian Gulf crisis. Declares that the United States should continue to: (1) strengthen the international consensus against Iraq's aggression; (2) obtain additional military forces and increased financial assistance from other nations in support of multinational forces deployed in the Persian Gulf; and (3) obtain international assistance for nations that have suffered financial losses as a result of support for the United Nations trade embargo against Iraq and international humanitarian assistance for foreign nationals who have fled Iraq and Kuwait. States that the United States should continue to: (1) seek international consensus to contain Iraq's conventional, chemical, biological, and nuclear weapons and ballistic missile programs and stop the export to Iraq of dual use technology and military components; (2) seek international consensus to address regional problems of arms proliferation and ensure that conventional weapons transfers to the region reflect legitimate security needs of the recipient nation; (3) maintain Israel's economic well-being and military advantage in the Middle East and achieve an Arab-Israeli peace settlement; and (4) promote respect for human rights and support the development of democratic institutions throughout such region. Commends the United Nations and the United Nations Security Council for their response to Iraq's aggression against Kuwait. Affirms support for specified United Nations Security Council resolutions and calls on all nations to comply with such resolutions and strengthen sanctions against Iraq. Declares that the United States and other members of the international community should continue efforts to achieve a diplomatic solution to the Persian Gulf crisis. Supports the President's emphasis on diplomatic efforts, international sanctions, and negotiations under the auspices of the United Nations to achieve U.S. objectives. Sets forth findings with respect to the War Powers Resolution.
United States · United States Congress · 17 September 1990
Congratulates Cyprus on the 30th anniversary of its independence. Expresses the sense of the House of Representatives that the United States should continue its support of the United Nations Secretary General in his efforts to resolve the Cyprus problem.
United States · United States Congress · 13 September 1990
Farm and Forestry Energy Conservation Act of 1990 - Directs the Secretary of Agriculture, through the Soil Conservation Service, to establish a Federal energy conservation program with respect to: (1) tillage practices; (2) chemical and fertilizer use; (3) irrigation management; (4) livestock management; (5) horticulture; and (6) wood utilization. Directs the Secretary to make grants to individuals or institutions for eligible energy conservation projects. Limits such grant amounts, but authorizes a higher limit for institutions converting their heating systems to wood burning ones. Requires an eligible State to establish a State energy conservation review panel. Directs the Secretary to provide demonstration projects and make educational and technical assistance available. Authorizes appropriations.
United States · United States Congress · 3 August 1990
Amends the Foreign Assistance Act of 1961 to declare that the Congress recognizes that prompt U.S. assistance is necessary to alleviate the emergency in Lithuania caused by the Soviet blockade. Authorizes the President to provide humanitarian assistance to Lithuania. Directs the Administrator of the Agency for International Development to: (1) furnish such assistance through voluntary relief agencies; and (2) ensure that Lithuanians receive such assistance as soon as possible. Expresses the sense of the Congress that other nations and voluntary relief agencies should respond to the need of the Lithuanian people by providing or facilitating emergency humanitarian assistance. Authorizes appropriations.
United States · United States Congress · 3 August 1990
Amends the Internal Revenue Code to repeal the limitations on taxable years which may be elected by a partnership, S corporation, or personal service corporation. Provides that a change of taxable year shall not be treated as a termination of an election to have a taxable year other than the required taxable year unless such change is to a required taxable year. Provides that if such entities terminate such election, then they are not eligible to make another election before five taxable years have passed, without the consent of the Secretary of the Treasury. Sets forth circumstances for making such an election without the consent of the Secretary. Provides that any loss for the short period resulting from a change in election: (1) shall not be allowed as a carryback to any preceding taxable year (and shall not be taken into account by any partner of a partnership, or shareholder of an S corporation); and (2) shall be taken into account by the entity (or partner or shareholder) ratably over the first six taxable years beginning after the short period.
United States · United States Congress · 3 August 1990
Expresses the sense of the House of Representatives that the Congress should retain the current Federal tax deduction for State and local income and property taxes.
United States · United States Congress · 2 August 1990
Sanctions Against Iraq Act of 1990 - Title I: Imposition of Trade Embargo - Sets forth congressional declarations concerning Iraq's invasion of Kuwait. Requires the President to inform and consult with the Congress regarding the international crisis caused by such invasion, including U.S. actions. Directs the President to impose the following sanctions against Iraq: (1) blocking of all Iraqi property within the possession or control of the United States; (2) prohibiting the importation of Iraqi goods or services; (3) prohibiting the exportation of U.S. goods (including agricultural products) and technology or services, except food and medical supplies, to Iraq; and (4) prohibiting any transportation involving Iraq or Iraqi persons, vessels, or aircraft. Sets forth additional import sanctions. Title II: Additional Sanctions with Respect to Iraq - Sets forth congressional findings with respect to human rights violations by Iraq. Prohibits: (1) the United States from selling any items on the United States Munitions List to Iraq; (2) the issuing of licenses for the export of such items to Iraq; and (3) the issuing of licenses under the Export Administration Act of 1979 for the export to Iraq of chemical or biological agents for the production of chemical or biological weapons. Presumes denial of export license applications for the export of goods or technology: (1) which could enhance the ability of Iraq to support international terrorism; or (2) to an end user in such country that is engaged in missile or chemical or biological weapons proliferation activities. Sets forth a list of specified items for which a license is required to export such items to Iraq. Prohibits the Nuclear Regulatory Commission or the Secretary of Commerce from issuing a license for the export of nuclear material or technology to Iraq. Requires the United States to oppose financial or technical assistance to Iraq by international financial institutions. Requires the denial of credits or credit guarantees through the Export-Import Bank to Iraq. Authorizes the President to waive the sanctions authorized under this Act in certain circumstances if he certifies to the Congress Iraq's compliance with specified demands. Calls upon the President to seek multilateral cooperation to: (1) deny dangerous technologies to Iraq; and (2) induce such country to respect internationally recognized human rights, especially in the areas in northern Iraq which are inhabited by Kurds.
United States · United States Congress · 26 July 1990
Religious Freedom Restoration Act of 1990 - Prohibits a governmental authority from restricting any person's free exercise of religion unless: (1) the restriction is in the form of a rule of general applicability that doesn't intentionally discriminate against religion or among religions; and (2) the governmental authority demonstrates that application of the restriction to a person is essential to furthering a compelling governmental interest and the least restrictive means of doing so. Authorizes a party aggrieved by a violation of such prohibition to obtain relief, including attorney fees, in a civil action.
United States · United States Congress · 25 July 1990
Independent Counsel Sunset Act of 1990 - Provides for the automatic termination of an office of independent counsel two years after appointment. Provides for extensions of such appointments for periods of up to one year.
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 · 17 July 1990
Commends the ethnic Albanians in the province of Kosovo, Yugoslavia, for showing restraint and supports their commitment to a peaceful and democratic solution to the problems in Kosovo. Urges: (1) the Serbian Government to engage in a peaceful, democratic dialogue with representatives of the Albanian community in Kosovo, refrain from violence and intimidation, and work to resolve the political and economic crisis in the province; (2) the Serbian president to abandon policies that have precipitated an ethnic crisis in southern Yugoslavia; and (3) the Yugoslavian and Serbian Governments to restore autonomous status to Kosovo and reestablish its legislature and government.
United States · United States Congress · 11 July 1990
Designates August 1, 1990, as Helsinki Human Rights Day. Authorizes and requests the President to: (1) reassert American commitment to the Helsinki Accords; (2) raise the issue of noncompliance with such Accords with any signatory nation which may be in violation; (3) convey to all signatories of such Accords that respect for human rights and fundamental freedoms is vital to progress in the ongoing Helsinki process; and (4) develop new proposals to advance the human rights objectives of the Helsinki process, including the self-determination of peoples.
United States · United States Congress · 28 June 1990
Aviation Security Improvement Act of 1990 - Title I: Aviation Security - Establishes as a position within the Department of Transportation an Assistant Secretary for Transportation Security and Intelligence, appointed by the President for a term of five years, who shall be responsible for the development of transportation security. Requires the Secretary of Transportation to report annually to the Congress on transportation security, including appropriate recommendations. Amends the Federal Aviation Act of 1958 to establish the position of Assistant Administrator for Civil Aviation Security. Requires the Assistant Administrator to review and prescribe measures to strengthen: (1) controls over checked baggage in air transportation, including measures to ensure baggage reconciliation with respect to passengers who meet Federal Aviation Administration (FAA) criteria as possibly having explosive devices in such baggage; (2) control of individuals with access to aircraft; (3) testing of security systems; (4) use of modern x-ray equipment; and (5) prescreening of passengers. Directs the Administrator of the FAA (Administrator) to establish the position of Federal Security Manager and initiate placement of such managers at U.S. airports. Sets forth the duties of such managers. Requires the Administrator to establish the position of Foreign Security Liaison Officer, who shall be stationed outside the United States and be liaison of the Assistant Administrator with foreign security authorities concerning implementation of Federal Security requirements. Directs the Administrator to issue regulations that subject air carrier personnel with unescorted access to domestic and foreign aircraft or secured areas of domestic airports serving U.S. or foreign air carriers to preemployment and postemployment investigations, including fingerprinting. Requires the Administrator and the Attorney General to establish fees to cover expenses incurred in carrying out this Act. Directs the Administrator of the FAA to prescribe standards for the hiring, continued employment, and contracting of air carrier and airport security personnel. Requires the Administrator to conduct an assessment of current and potential threats to the domestic air transportation system, including the security of individual airports. Directs the Administrator to establish a program to accelerate and expand the research, development, and implementation of technologies and procedures to counteract terrorist acts against civil aviation. Requires the Administrator to: (1) complete a review of threats to civil aviation; and (2) establish a scientific advisory board to review and advise on the progress of such program. Authorizes appropriations. Prohibits the deployment or purchase of explosive detection equipment unless the Administrator certifies that it can reliably detect explosive material which can cause catastrophic damage to commercial aircraft with 60 or more passenger seats. Requires air carriers, airport operators, travel agents, and employees who receive information of a threat to civil aviation to provide such information to: (1) an official of the FAA; (2) the Assistant Secretary of Transportation for Transportation Security and Intelligence; or (3) other appropriate officials. Requires the Administrator to cancel flights in the event that passenger safety from such a threat cannot be ensured. Requires the Postmaster General to issue regulations to permit the screening by air carriers of mail not sealed against inspection. Requires the Administrator to require screening of mail and cargo by air carriers or their agents before the transport of such materials. Directs the Administrator to develop model standards for airport design and construction to allow for maximum security enhancement. Directs the heads of the agencies of the intelligence community to promulgate policies and procedures to ensure that intelligence reports concerning international terrorism are made available to other members of the intelligence community and the FAA. Directs the Director of Central Intelligence to designate at least one intelligence officer of the Central Intelligence Agency to serve in a senior staff position in the Office of the Secretary of the Department of Transportation. Requires the intelligence community and the FAA to review and revise all memoranda of understanding and other agreements between them. Title II: United States Response to Terrorism Affecting Americans Abroad - Declares that the Department of State (the Department) shall be responsible for negotiating aviation security agreements with foreign countries concerning implementation of U.S. rules and regulations which affect the foreign operations of U.S. air carriers, foreign air carriers, and foreign airports. Establishes within the Department the position of Coordinator for International Aviation Security. Requires the Administrator to require all air carriers, including foreign air carriers, to provide a passenger manifest of any flight to appropriate representatives of the Department not more than one hour after such carrier is notified of an aviation disaster outside the United States involving such flight. Authorizes the use of passport fees collected by the Department for the purchase and installation of machines able to read U.S. passports and facilitate the collection of specified data. Declares it to be the policy of the Department to notify promptly the families of victims of aviation disasters abroad, including timely written notice. Directs the Secretary of State (Secretary) to issue guidelines to provide that in the event of an aviation disaster involving U.S. citizens abroad, the Department will assign a specific individual, and an alternate, as the Department liaison for the family of each such citizen. Requires the Secretary to ensure that a toll-free telephone number is reserved for the use of the families of citizens who have been involved in such disasters. Requires the Secretary to institute a supplemental program of training in disaster management for all consular officers. Directs the Secretary to issue guidelines to provide that in the event of an international aviation disaster involving U.S. citizens abroad at least: (1) one senior officer from the Bureau of Consular Affairs of the Department shall be dispatched to the disaster site; and (2) one Department employee shall be dispatched to such site to provide assistance and to act as an ombudsman with foreign local authorities for the victims' families. Requires the Secretary to promulgate: (1) criteria for Department staffing of disaster sites abroad; and (2) procedures for the deployment of a crisis team. Declares it to be the policy of the Department to provide arrangements for the preparation and transport to the United States of the remains of citizens who die abroad, as well as for disposition of personal effects. Requires the Secretary to compile an assessment of the Department response to the Pan American Airways Flight 103 aviation disaster over Lockerbie, Scotland, together with guidelines for future response to such disasters, for distribution to Embassy and consular posts abroad. Requires the Secretary to promulgate guidelines with respect to recognition for the families of U.S. citizens who are killed through acts of terrorism abroad. Expresses the sense of the Congress that the United States should propose a protocol to the Convention for the Unification of Certain Rules Relating to International Transportation by Air (the Warsaw Convention) which would raise the limit on carrier liability above the $130,000 limit set under Montreal Protocol Three. Directs the President to submit to the Congress a legislative proposal to authorize the United States to provide monetary and tax relief as compensation to U.S. citizens who are victims of terrorism. Requires the Secretary to issue regulations to establish, under the Bureau of Consular Affairs, an electronic bulletin board accessible to the general public.
United States · United States Congress · 28 June 1990
Declares that: (1) it is important for the United States to maintain its influence in China and to prevent China from becoming isolated from the international community; and (2) the United States should make every effort to induce the Chinese Government to respect human rights for purposes of restoring normal relations between the United States and China. States that U.S. policy toward China should: (1) be guided by the progress toward democratic political reform in China and Tibet; and (2) take into account the extent to which China has ceased missile sales to the Middle East, is respecting its public assurances regarding opposition to chemical and biological weapons, is cooperating to reach a negotiated settlement to the Cambodian conflict, and is ceasing repressive measures against Tibet and working to enter into negotiations with the Dalai Lama concerning Tibet's status. Requests the President to report to the Congress on human rights and democratic political reform in China and on Chinese cooperation in the peaceful resolution of conflicts.
United States · United States Congress · 26 June 1990
Authorizes use of the Rotunda of the Capitol on July 10, 1990, to allow Members of Congress to greet and receive His All Holiness Patriarch Dimitrios (the 269th Ecumenical Patriarch of Constantinople).
United States · United States Congress · 21 June 1990
Surplus Vessel Act of 1990 - Deems vessels in the national defense reserve that were constructed before 1946 to be surplus property and requires that they be disposed of by the Administrator of General Services by selling them for scrapping in the United States; disposing of 20 vessels the first year after this Act becomes effective, 30 vesssel the second year, and not more than 50 vessels each year thereafter. Declares that the authority of the Secretary of Commerce under specified provisions of the Federal Property and Administrative Services Act of 1949 and the Secretary of Transportation under specified provisions of the Merchant Marine Act, 1936 shall not apply to vessels deemed surplus under this Act. Directs the Secretary of Transportation to retain 15 of such surplus vessels for use for offshore artificial reefs under specified provisions of Federal law.
United States · United States Congress · 21 June 1990
Fertility Clinic Success Rate and Certification Act - Directs the Secretary of Health and Human Services to establish a program for certification of embryo laboratories to assure effectiveness of laboratory procedures. Allows certification to be issued by the Secretary or by an accreditation organization which meets standards set by the Secretary under this Act. Makes certification valid for a maximum of two years. Mandates fees for issuance and renewal. Sets forth certification requirements. Provides for periodic announced and unannounced inspections. Directs the Secretary to approve accreditation organizations under criteria and procedures set by the Secretary. Prohibits an embryo laboratory from performing procedures without certification. Sets forth civil monetary penalties for violations.
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 the Immigration and Nationality Act to provide for loss of nationality and deportation for willful and malicious destruction or mutilation of the U.S. flag.
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
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 · 13 June 1990
Amends the Federal Election Campaign Act of 1971 to revise the definition of a "contribution or expenditure" by a national bank, corporation, or labor organization to: (1) include communications to influence any election for Federal office by a corporation to its stockholders and executive or administrative personnel and their families or by a labor organization to its members and their families; and (2) repeal provisions excluding non-partisan registration and get-out-the-vote campaigns. Requires any payments by corporations or labor organizations for all other communications and for the establishment of, and solicitation of contributions for, a separate segregated fund for purposes relating to any such election to be disclosed to the Federal Election Commission in the same manner as for contributions or expenditures. Amends the Federal Election Campaign Act of 1971 to subject to the limitations and reporting requirements for expenditures any payment for a mixed political activity (an activity, such as a voter registration program, for both influencing an election for Federal office and for other purposes) by a national or State committee of a political party. Requires such a payment to be made only from an account subject to the requirements of that Act.
United States · United States Congress · 13 June 1990
Amends the Federal Election Campaign Act of 1971 to: (1) require unauthorized political advertising that advocates the election or defeat of a clearly identified candidate or solicits any contribution to contain a statement at the beginning and end that is easily readable or audible which identifies the person who paid for such advertising and specifies that the advertising is not authorized by any candidate; (2) allow House candidates to certify to the Federal Election Commission (FEC) their intention to limit to $100,000 their total expenditures from personal funds and the personal funds of their immediate family; (3) provide that the opponent of a candidate who spends more than such amount or who does not make such a certification shall no longer be subject to the limitations on contributions; and (4) direct the FEC to prescribe regulations for making such certifications.
United States · United States Congress · 13 June 1990
Amends the Federal Election Campaign Act of 1971 to prohibit candidates for the House of Representatives from accepting contributions from persons other than local individual residents totaling in excess of the total contributions accepted from local individual residents.
United States · United States Congress · 13 June 1990
Amends the Federal Election Campaign Act of 1971 to: (1) require any individual required to file a statement of independent expenditures in an aggregate amount or value in excess of $250 during a calendar year to certify that such expenditures are from personal funds and to identify the financial institution from which any instrument is drawn to make such expenditures; (2) prohibit States from making any contribution or expenditure with respect to a Federal election or acting as an intermediary or conduit with respect to such contribution; (3) require disclosure of debt settlement and loan security agreements; (4) include as contributions any gift, subscription, loan, or deposit of money or anything of value made by any person to draft or encourage a clearly identified individual as a candidate for Federal office; and (5) treat such a contribution as a contribution to a candidate whether or not the individual actually becomes a candidate, for purposes of the limitations on contributions to any candidate for Federal office. Requires Members of, or Members-elect to, the House of Representatives to account for all franked mail excluding franked mail with a simplified form of address for delivery within the Member's congressional district.
United States · United States Congress · 13 June 1990
Amends rule XLVI of the Rules of the House of Representatives to exempt a notice of appearance or a scheduled itinerary from the franked mailing limitations only if: (1) it is in the form of a post card; (2) it is sent to addresses within specified travel distance from the event which the Member will attend; (3) the Member attends the event; and (4) an advisory opinion is obtained from the House Commission on Congressional Mailing Standards. Establishes an Official Mail Allowance for franked mailing by Members of the House of Representatives within specified guidelines and limitations. Amends rule XLVI of the Rules of the House of Representatives to: (1) reduce from six to two the number of franked mailings per year per addressee to which a Member after December 31, 1990, is entitled; (2) reduce from six to two, after such date, the number of franked mailings per year per addressee relating solely to a notice of appearance of a scheduled itinerary of a Member; (3) require a Member, before making any mass mailing (including direct response to communications from constituents), to submit a sample or description of the mail matter involved to the House Commission on Congressional Mailing Standards for a statutory compliance advisory opinion; (4) require the Clerk of the House of Representatives to make available for public inspection, semi-annually, a mass mailing report compiled from data provided by the House Committee on Administration; and (5) require that a mass mailing by a Member contain a specified notice on the cover page of the document.
United States · United States Congress · 13 June 1990
Amends the Federal Election Campaign Act of 1971 to: (1) exclude from the annual limitation on total individual contributions those contributions to national, State, and local committees of political parties that, in the aggregate, do not exceed $25,000 in a calendar year; (2) remove the limitations on contributions by the national or State committee of a political party or by a House or Senate campaign committee of a political party to candidates in general elections for Federal office; (3) allow national and State committees of a political party to match the total amount of independent expenditures made against their respective candidates in congressional elections; (4) establish guidelines for determining the Federal election portion of amounts paid by national and State committees of a political party for a mixed political activity (an activity, such as a voter registration program, for both influencing an election for Federal office and for other purposes); (5) subject such payments to the limitations and reporting requirements for expenditures; (6) require such payments to be made only from an account subject to the requirements of that Act; (7) repeal provisions excluding funds for constructing or purchasing office facilities from the definition of a "contribution"; (8) define "local committee" as an organization that is responsible for the daily operation of a political party at the local level; and (9) allow such local committees to make contributions and expenditures without limitation to any candidate who is affiliated with the party the committee represents and who is a candidate for Senator or Representative in the State involved. Amends the Internal Revenue Code to allow a tax credit for qualified political contributions to candidates for State or Federal office. Limits such credit to $250 for a taxable year.
United States · United States Congress · 13 June 1990
Amends the Federal Election Campaign Act of 1971 to: (1) establish a separate limitation of $1,000 with respect to nonparty multicandidate political committee contributions to any candidate for Federal office (currently, all multicandidate political committee contributions to such candidates are subject to a $5,000 limitation); (2) prohibit separate segregated funds established by corporations or labor organizations for political purposes from acting as intermediaries or conduits with respect to contributions to such a candidate; (3) prohibit a political committee that is not an authorized committee of such a candidate and is not a political committee of a political party from transferring funds to any other such political committee; (4) prohibit such a candidate from establishing, maintaining, financing, or controlling a political committee, other than the principal campaign committee of the candidate; and (5) prohibit a principal campaign committee of such a candidate from making any contribution to any other principal campaign committee (other than the principal campaign committee of the same individual as a candidate for another Federal office).
United States · United States Congress · 13 June 1990
Amends the Federal Election Campaign Act of 1971 to prohibit labor organizations from using dues or agency fees for political purposes, unless the employee paying the dues or fees approves of such use. Permits employees to revoke their approval. Requires labor organizations using such dues or fees to notify annually the employees paying dues or agency fees of such prohibition and of their right to revoke their approval.
United States · United States Congress · 13 June 1990
Amends the Federal Election Campaign Act of 1971 to: (1) remove the Secretary of the Senate and the Clerk of the House of Representatives as ex officio members of the Federal Election Commission; and (2) require all designations, statements, and reports required to be filed under that Act to be filed with the Commission.
![Official portrait of Rep. Broomfield, William S. [R-MI-18]](https://www.congress.gov/img/member/b000890_200.jpg)