United States · United States Congress · 26 September 1990
Authorizes the President, in order to protect health and safety of human life, to decrease the sequester amounts specified in the order issued August 25, 1990, under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Requires an increase in the sequester amount in other accounts, programs, projects, or activities to the extent amounts were decreased in such order.
United States · United States Congress · 19 September 1990
Expresses the sense of the Congress that, in the event of hostilities between the United States and Iraq, it shall be U.S. policy to pursue Saddam Hussein and others determined responsible for acts against foreign civilians and diplomats held against their will in Kuwait and Iraq in violation of international law by seeking their prosecution and punishment as war criminals under the auspices of an international tribunal.
United States · United States Congress · 14 September 1990
Amends the Railroad Retirement Solvency Act of 1983 to extend for two years provisions for the transfer of tier 2 railroad retirement benefit taxation revenues from the general fund of the Treasury to the Railroad Retirement Account.
United States · United States Congress · 3 August 1990
Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to exempt payments for home health services under title XVIII of the Social Security Act (Medicare) from reduction under a sequestration order.
United States · United States Congress · 3 August 1990
Expresses the sense of the Congress that: (1) 1991 should be considered as Rebuild America Year; (2) a national effort to rebuild the infrastructure of the United States should be undertaken to provide assistance to States and localities in meeting core infrastructure needs; (3) the multibillion dollar balances in the Highway and Airport and Airway Trust Funds should be spent to rebuild the infrastructure of the United States; (4) the President should work with the Congress to establish a comprehensive national infrastructure policy and to revitalize and supplement existing programs to achieve this goal; (5) the Federal Government along with State and local governments and the private sector should share their expertise and support in formulating and developing a national effort to rebuild the infrastructure of the United States; and (6) the President and the Congress should dedicate appropriate funding to implement a national effort to rebuild the infrastructure of the United States.
United States · United States Congress · 2 August 1990
Computer Matching and Privacy Protection Amendments of 1990 - Amends the Computer Matching and Privacy Protection Act of 1988 to revise the procedures for verification of information produced by computer matching programs to: (1) remove verification of such information under Federal benefit programs as the alternative to the verification of such information in accordance with the requirements imposed by that Act; (2) change such requirements to investigation and confirmation of specific information relating to an individual that is used as a basis for an adverse action against the individual; (3) prevent imposition of the prohibitions with respect to payments under such benefit programs or other adverse actions until either the agency has independently verified the information or the appropriate Data Integrity Board determines in accordance with guidance required by this Act to be issued by the Director of the Office of Management and Budget (OMB) that the information is limited to identification and amount of benefits paid by the source agency under such a program and there is a high degree of confidence that the information provided to the recipient agency is accurate; (4) prevent such an imposition until the expiration of any time period established for the program by statute or regulation for contesting the agency's determination or, in the case of a program for which no such period is established, within 30 days of the mailing or receipt of a notice informing the individual of the opportunity to contest agency findings with respect to such information; and (5) remove provisions granting individuals such an opportunity to contest under the requirements governing a Federal benefit program. Provides that the verification requirement that the Data Integrity Board must determine that there is a high degree of confidence that the information provided to the recipient agency is accurate shall not apply to aid to families with dependent children, Medicaid, and food stamp programs until the earlier of: (1) the date on which the appropriate Board which administers that program determines that there is not a high degree of confidence that information provided by that agency is accurate; or (2) 30 days after the guidance issued by the OMB Director is published.
United States · United States Congress · 2 August 1990
Reciprocity in International Government Procurement Enforcement Act of 1990 - Amends the Buy American Act to require the approval of the United States Trade Representative in order for the head of a Federal agency to waive Buy American requirements with respect to the Government procurement of goods and services. Amends the Trade Agreements Act of 1979 to reduce the President's criteria for identifying countries that discriminate against U.S. products or services in making Government procurements. Requires the Administrator of the Office of Federal Procurement Policy to submit to specified congressional committees an annual report on foreign procurement by the Government.
United States · United States Congress · 2 August 1990
Airline Passengers Defense Act of 1990 - Directs the Secretary of Transportation to establish in the Department of Transportation an Office of Airline Passenger Advocacy. Establishes the Office of Airline Passenger Advocacy Advisory Group. Amends the Federal Aviation Act of 1958 to prohibit air carriers from cancelling a flight within 72 hours of its scheduled departure time for any reason, except for safety reasons or the absence of any passengers at such departure time. Requires air carriers which cancel such flights for safety-related reasons to report to the Secretary on the cancellation, the reasons for it, and actions taken to resolve the safety-related problem. Requires air carriers to notify their passengers of any delays of 15 minutes or more in the departure or arrival of scheduled flights. Requires an air carrier which cancels a flight in violation of this Act, or alters stopping places of such flight for any reason other than safety, to compensate passengers. Prohibits on-time performance of regularly scheduled flights from being 30 percent or less in any consecutive three-month period. Requires the Secretary to establish in the Office of Airline Passenger Advocacy a toll-free telephone number system for receiving passenger complaints relating to air service. Sets forth requirements relating to: (1) ticket information; and (2) lost or damaged baggage claims. Sets forth civil penalties for economic cancellations and consistently delayed flights by air carriers.
United States · United States Congress · 30 July 1990
Amends the Wild and Scenic Rivers Act to designate certain segments of the Allegheny River in Pennsylvania as a component of the National Wild and Scenic Rivers System. Requires the Secretary of Agriculture to establish the Northern Advisory Council and the Southern Advisory Council to advise on the establishment of final boundaries and the management of the Allegheny National Recreation River. Authorizes appropriations.
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 · 24 July 1990
Nonconventional Fuels Credit Extension and Modification Act of 1990 - Amends the Internal Revenue Code to extend the credit for producing fuel from a nonconventional source to wells or facilities in service before January 1, 1993 (currently, January 1, 1991) and sold before January 1, 2001. Redefines gas produced from a tight formation to include only gas: (1) which is committed or dedicated on April 20, 1977, to interstate commerce; or (2) which is produced from a well drilled after the date of enactment of this Act.
United States · United States Congress · 20 July 1990
Amends the Fair Labor Standards Act of 1938 to provide that its coverage shall extend only to employees of enterprises engaged in commerce or in the production of goods for commerce.
United States · United States Congress · 19 July 1990
Prohibits the receipts and disbursements of the Highway Trust Fund (for both the Federal Aid Highway program and the Mass Transit Account) and the Airport and Airway Trust Fund which are allocable to the transportation-related operations of such Funds from being included in either the Federal budget as submitted by the President, or in the congressional budget. Exempts such trust funds from any general statutory budget limitation. Amends the Airport and Airway Improvement Act of 1982 to require the Secretary of Transportation to estimate: (1) the amount of unfunded aviation authorizations at the close of the next fiscal year; and (2) the net aviation receipts for the 24-month period beginning at the close of such fiscal year. Prescribes adjustment procedures for certain unfunded aviation authorizations and for aviation apportionments. Requires the Secretary to report such estimates to specified congressional committees. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to exempt specified Airport and Airway Trust Fund and Highway Trust Fund activities from any sequestration order issued under a certain section of the Act. Amends the Congressional Budget and Impoundment Control Act of 1974 to: (1) exclude receipts and disbursements allocable to transportation-related operations of the Funds in calculating the Federal budget deficit; and (2) prohibit the Congress from considering specified changes to such Funds.
United States · United States Congress · 18 July 1990
Expresses the sense of the House of Representatives that Federal excise taxes upon emissions from fossil fuels or upon the carbon content of fuels should not be imposed.
United States · United States Congress · 10 July 1990
Designates September 16 through 22, 1990, as National Rehabilitation Week. Urges each State Governor and local government chief executive to issue proclamations calling upon their citizens to observe such week with appropriate ceremonies and activities.
United States · United States Congress · 28 June 1990
Gas Related Activities Act of 1990 - Declares that the acquisition or retention by a registered public utility holding company of any interest in a natural gas company (or a company engaged in specified natural gas-related activities) shall be deemed to be reasonably incidental and economically necessary, for purposes of the Public Utility Holding Company Act, to the operation of the gas utility companies whose voting securities the holding company owns. (This makes any gas-related activities functionally related to the gas distribution business, thus meeting the requirements of such Act, regardless of whether the local distribution company involved is affiliated or unaffiliated with the holding company.)
United States · United States Congress · 27 June 1990
Aviation Safety and Capacity Expansion Act of 1990 - Title I: Aviation Safety and Capacity Expansion - Amends the Airport and Airway Improvement Act of 1982 to authorize appropriations for airport development and planning projects. Directs the Administrator of the Federal Aviation Administration (FAA) to submit to the Congress a ten-year Airway Capital Investment Plan (currently, a national airways system plan). Authorizes appropriations for air navigation facilities. Authorizes appropriations for the general operations of the FAA. Repeals for FY 1991 and 1992 a specified reduction of the maximum amount which may be appropriated from the Airport and Airway Trust Fund for costs: (1) of services provided under international agreements relating to the joint financing of air navigation services which are assessed against the United States; and (2) incurred by the Secretary of Transportation to flight check, operate, and maintain air navigation facilities. Sets forth a formula for a higher ceiling on appropriations to cover such costs. Authorizes appropriations for the costs incurred by the National Oceanic and Atmospheric Administration in providing the FAA with weather reporting services. Amends the Federal Aviation Act of 1958 to authorize the Secretary of Transportation to grant a public agency which controls a commercial service airport the authority to assess a fee for enplaning passengers at such airport to finance airport-related projects. Sets forth requirements with respect to the use and imposition of such fee. Amends the Airport and Airway Improvement Act of 1982 to reduce by a specified percentage airport improvement program apportionments for large and medium hub airports that impose a passenger facility charge. Earmarks a specified percentage of funds saved by such reduction for: (1) a specified discretionary fund; and (2) the establishment of a small airport fund to be distributed at the discretion of the Secretary. Redefines "eligible point" for the small community air service program. Prohibits determination that a point is not eligible on the basis of the per passenger subsidy at the point or on any other unspecified basis. Provides funding for the program. Requires the Secretary to develop a system of manned Auxiliary Flight Service Stations. Directs the Administrator to conduct an air space study of the Caribbean and Miami air traffic control regions to determine methods of improving air safety. Provides for: (1) the operation of airport control towers for St. Thomas and St. Croix, Virgin Islands; and (2) the replacement of radar facilities for St. Thomas airport which were destroyed by Hurricane Hugo. Title II: Federal Aviation Administration Procurement Reform - Amends the Federal Aviation Act of 1958 to authorize the Administrator of the FAA (currently, the Secretary of Transportation) to procure personal property or services as well as real property on a noncompetitive basis under specified circumstances. Provides for multiyear service and property acquisition contracts with terms of up to five years.
United States · United States Congress · 26 June 1990
Amends the Federal Aviation Act of 1989 to authorize the Secretary of Transportation to grant a public agency which controls a commercial service airport authority to assess a fee for enplaning passengers at such airport to finance airport-related projects. Sets forth requirements with respect to the use and imposition of such fee. Amends the Airport and Airway Improvement Act of 1982 to reduce by a specified percentage airport improvement program apportionments for large and medium hub airports that impose a passenger facility charge. Earmarks a specified percentage of funds saved by such reduction for: (1) a specified discretionary fund; and (2) the establishment of a small airport fund to be distributed at the discretion of the Secretary. Redefines "eligible point" for the small community air service program. Prohibits determination that a point is not eligible on the basis of the per passenger subsidy at the point or on any other unspecified basis. Provides funding for the program.
United States · United States Congress · 21 June 1990
Amends the Federal Aviation Act of 1958 to extend the civil penalty assessment demonstration program through August 1, 1993. Authorizes the Administrator of the Federal Aviation Administration (FAA) to approve a security program of an airport operator which incorporates a security program of an airport tenant having access to the secured areas of an airport if such program meets specified requirements. Directs the Administrative Conference of the United States to study the administrative adjudicatory procedures of the FAA and the National Transportation Safety Board (NTSB) and make recommendations with respect to whether the authority to adjudicate administrative complaints under the Federal Aviation Act of 1958 should remain with the Department of Transportation, be transferred to the NTSB, or otherwise be modified. Authorizes appropriations.
United States · United States Congress · 21 June 1990
Omnibus Space Commercialization Act of 1990 - Title I: Government Owned Space Launch and Launch Support Facilities - Directs the Comptroller General to conduct a comprehensive inventory of all space launch and launch support facilities owned by the United States, identifying facilities that are surplus to public and national security needs, and report to the Congress. Requires all facilities identified as surplus to be referred to the General Services Administration for disposition. Directs the Secretary of Transportation to establish criteria for and designate launch facilities as Commercial Space Centers. Makes all Centers and associated property, services, and products, including such services and activities in space as are launched from a Center, and proceeds from insurance exempt from all Federal corporate income and other taxes and all Federal excises, imposts, duties, and all other Federal tariffs. Amends the Internal Revenue Code to allow an itemized deduction for individuals and corporations for the aggregate amount, up to a specified maximum, paid for Center stock on the original issue of the stock. Requires gain on disposition of the stock to be treated as ordinary income, with interest charged if the disposition is within three years of purchase. Provides for the tax treatment of the taxpayer if a qualified issuer ceases to be qualified. Sets forth special rules relating to: (1) amounts paid after the close of a taxable year; and (2) a limitation on the amount of the deduction. Adjusts the basis of the stock by the amount of the deduction. Title II: Purchase of Space Transportation Services - Space Transportation Services Purchase Act of 1990 - Requires the Federal Government to purchase space transportation services from commercial providers, unless on a case-by-case basis: (1) the payload requires the unique capabilities of the space shuttle; (2) commercial services are not or would not be available when required; or (3) the use of commercial services poses an unacceptable risk of loss of a unique scientific opportunity. Allows space transportation vehicles to be acquired or owned by the Government only in such circumstances or for research, development, and testing of space transportation technology. Requires the service contracts to be awarded by competitive bidding. Prohibits, subject to exception, requiring submission of cost or pricing data supporting a bid or proposal. Requires performance specifications rather than Federal civilian or military design or construction specifications. Prohibits acceptance of commercial payloads for launch on the shuttle unless: (1) the payload requires the unique capabilities of the shuttle; or (2) launching on the shuttle is important for either national security or foreign policy. Title III: Intellectual Property Disposition - Amends Federal law relating to patents to require that any invention made, used, or sold in outer space on a vehicle or payload under U.S. jurisdiction or control be considered to be made, used, or sold in the United States for purposes of the title of the U.S. Code relating to patents, except for a vehicle or payload: (1) under an international agreement; or (2) carried on the registry of a foreign state in accordance with the Convention on Registration of Objects Launched into Outer Space. Requires that a commercial provider making an invention under contract with the Government have the same rights as would a small business firm under specified provisions of Federal patent law. Amends the Stevenson-Wydler Technology Innovation Act of 1980 to require (current law permits) each Federal agency to permit the director of any of its Government-operated Federal laboratories and, in certain circumstances, the director of any of its Government-owned, contractor-operated laboratories to enter into cooperative research and development agreements and to negotiate licensing agreements. Prohibits disclosure of trade secrets or commercial or financial information, that is privileged or confidential under the meaning of specified Federal law, which is obtained by the Government in the conduct of research or as a result of activities under this Act. Title IV: Miscellaneous - Declares that, notwithstanding specified provisions of the Clayton Act and the National Cooperative Research Act of 1984, standing to conduct litigation arising from activities carried out under this Act is reserved to the Department of Justice under the direction of the Attorney General and the Federal Trade Commission. Makes injunctive relief the sole relief available to the United States in such litigation, notwithstanding specified provisions of such Acts. Requires the Government to indemnify and save harmless commercial providers against any loss or damage to any payload of the United States in the provision of space transportation services or space-related activities, except for gross negligence. Limits monetary damages in the case of gross negligence to replacement or repair costs. Makes the profits of a U.S. person on any product manufactured in outer space, returned to Earth, and sold commercially exempt from Federal corporate income and other taxes and excises, imposts, duties, and any other Federal tariffs. Declares that, subject to exception, in any action against a commercial provider arising from activities under this Act, evidence of failure of the provider to follow military or National Aeronautics and Space Administration specifications shall not, in and of itself, constitute proof of negligence. Establishes a National Award for the Commercialization of Space to consist of a medal and, if funding is available, a cash prize, to be awarded to persons or organizations who have substantially advanced space transportation, manufacturing, or research and development. Authorizes the Chairman of the National Space Council to seek and accept gifts of money from public and private sources to fund the cash prize. Terminates specified provisions of this Act 15 years after enactment.
United States · United States Congress · 21 June 1990
Independent Safety Board Act of 1974 Amendments Act of 1990 - Amends the Independent Safety Board Act of 1974 to authorize appropriations for FY 1990 through 1993. Authorizes the National Transportation Safety Board to obtain laboratory records of toxicological tests conducted pursuant to post-accident or reasonable suspicion toxicological testing requirements of the Department of Transportation. Requires the Board to maintain the confidentiality of such records and cockpit voice recorder recordings and transcriptions. Provides for the use of such recordings in judicial proceedings.
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
National Forest Plan Implementation Act of 1990 - Title I: Amending and Revising Plans - Amends the National Forest Management Act of 1976 (NFMA) to impose additional requirements for amending and revising forest plans. Title II: Status of Plans - Provides that, if a final forest plan is enjoined by a court, the immediately previous final version of such plan shall remain in effect. Title III: Implementation of Plans - Sets limitations on administrative appeals in addition to the Department of Agriculture's appeals regulations. Grants jurisdiction to the United States court of appeals for the circuit in which such national forest is located to review: (1) land and resource management plans; (2) documents establishing minimum management requirements in forests; and (3) action implementing a land resource management plan. Provides for tiering of environmental documentation and the achievement of the allowable sale quantity (ASQ) of timber on a forest-by-forest basis. Requires the Administration's budget request for each year beginning with FY 1992, to include a statement of what funds would be required to achieve 100 percent of the output specified for each forest with respect to its land and resource management plan.
United States · United States Congress · 19 June 1990
Authorizes the Secretary of Transportation to assist in the construction of an Appalachian highway system and local access roads serving the Appalachian region. Authorizes appropriations to the Secretary for such assistance out of the Highway Trust Fund. Exempts such assistance from any Federal-aid highway and highway safety construction program ceilings. Limits to 80 percent the Federal share of the cost of any construction project under this Act. Provides an apportionment formula to be followed by the Secretary in making funds available to States for such assistance. Requires the Appalachian Regional Commission to submit to the Secretary a list of estimated project costs. States that, beginning with FY 1993, projects eligible for assistance under this Act shall be eligible for funds available under law applicable to the construction and maintenance of Federal-aid primary highways.
United States · United States Congress · 14 June 1990
Korean War Veterans Memorial Thirty-Eighth Anniversary Commemorative Coin Act - Expresses the sense of the Congress that the United States should recognize the 38th anniversary of the Korean War by minting and issuing a silver dollar coin. Directs the Secretary of the Treasury to issue one-dollar silver coins to commemorate the 38th anniversary of the ending of the Korean War. Terminates such authority after December 31, 1991. Mandates that surcharges from the sale of such coins be used for the Korean War Veterans Memorial.
United States · United States Congress · 14 June 1990
Violent Crime and Drug Control Act of 1990 - Title I: Effective Rehabilitation - Amends the Public Health Service Act to require States to develop and submit to the Secretary of Health and Human Services annually for review and approval a Statewide Drug Treatment Plan. Requires States to maintain expenditures for drug abuse-related services at a level equal to not less than the average amount of such expenditures for the preceding two years, unless the Secretary determines that extraordinary conditions in the State (currently, limited to economic conditions) justify the waiver. Directs the Secretary to promulgate implementing regulations, including the procedures by which a full or partial waiver may be granted. Requires the Secretary of Education to: (1) develop a model curriculum regarding treatment for individuals who are addicted to drugs; and (2) disseminate such curriculum to medical schools. Authorizes appropriations. Bars the Secretary of Health and Human Services from making certain payments under the Alcohol and Drug Abuse and Mental Health Services Block Grant program unless the State: (1) makes specified progress toward setting up a referral system through which individuals seeking drug abuse treatment can be informed of appropriate facilities in the State for obtaining such treatment; and (2) agrees to establish procedures to ensure that newborn infants of drug or alcohol abusing mothers are tested and evaluated for exposure to illegal drugs, to waive civil and criminal liability against qualified health care professionals conducting such test and evaluation in compliance with State-established procedures, and, if the newborn has been exposed to illegal drugs, to ensure that the necessary health care services are immediately made available to the mother and infant. Extends to the Coast Guard coverage under the law providing for identification, treatment, and rehabilitation of members of the armed forces who are dependent on drugs or alcohol. Title II: User Accountability and Drug Paraphernalia Restrictions - Subtitle A: User Accountability - Amends the Anti-Drug Abuse Act of 1988 to remove discretion from the courts and thus make mandatory the denial of Federal benefits for a fixed term after a conviction for distribution or possession of a controlled substance. Requires the Office of Management and Budget (currently, the President) to report to the Congress by January 1, 1991 (currently, May 1, 1989) with regard to the withholding of Federal benefits, including a listing of each such benefit for which drug traffickers and possessors will be ineligible. Specifies that the "approved" drug treatment program which an individual convicted of a controlled substance possession offense must successfully complete must be a program chosen by the court. Restricts the allocation and distribution of funds under the Drug Control and System Improvement Grant program to States: (1) that do not have in effect, and which do not enforce, laws requiring the mandatory revocation of the driver's license for at least one year for specified drug offenses and a mandatory denial of requests by such individuals for the issuance or reinstatement of such license; and (2) in which the State legislature has not voted to exempt the State from the operation of such provisions. Allows such State laws, without risking loss of Federal funds under this Act, to provide that the license of a first, but not a subsequent, offender, be reinstated upon performance of three months community service by such offender who passes periodic drug tests during such service. Prohibits the Secretary of the department in which the Coast Guard is operating from issuing a license, certificate of registry, or merchant mariner's document unless the applicant makes available to the Secretary information contained in the National Driver Register regarding the applicant's driving record. Directs the Secretary to: (1) review the criminal record of such an applicant; and (2) establish a testing program for use of a dangerous drug in violation of law for such applicant for issuance or renewal of a license or certificate of registry. Limits the duration of certificates of registry to five years, subject to renewal for additional five-year periods (currently, unlimited). Makes mariners' documents valid for five years, subject to renewal for additional five-year periods. Requires the Secretary to review the criminal record of applicants for renewal of mariners' documents, licenses, and certificates of registry. Sets forth provisions with respect to termination of existing certificates of registry and merchant mariners' documents. Requires the Secretary to: (1) request a holder of a license, certificate of registry, or merchant mariner's document to make available to the Secretary all information contained in the National Driver Register regarding the motor vehicle driving record of such individual; (2) establish a program for testing the holder of such a license for use of alcohol and dangerous drugs in violation of law; (3) temporarily suspend (subject to a hearing within 15 days) and take possession of the license held by an individual who performs a safety sensitive function on a vessel and where there is probable cause to believe that the individual has performed such function in violation of law, has been convicted of an offense that would prevent the issuance or renewal of the license, or has been convicted within the five-year period of an offense under the National Driver Register Act of 1982 (NDRA). Defines "dangerous drug" to mean a narcotic, controlled substance, or marijuana. Includes among the bases for license suspension or revocation conviction of an offense: (1) that would prevent the issuance or renewal of a license; or (2) under the NDRA within the five-year period preceding the suspension or revocation. Authorizes the termination of a license revocation only after: (1) the Secretary decides that the issuance is compatible with good discipline and safety at sea; and (2) the former holder provides satisfactory proof that the bases for revocation are no longer valid. Sets forth procedures for the removal of a master or individual in charge of a vessel reasonably believed to be under the influence of alcohol or dangerous drugs. Amends the NDRA to: (1) authorize an individual who holds or who has applied for a license to request the chief driver licensing official of a State to transmit to the Secretary information regarding the motor vehicle driving record of the individual; and (2) require the Secretary to make the information available to the individual for review and written comment before denying, suspending, or revoking such license and to keep such information confidential, with exceptions. Bars the transmission of motor vehicle driving record information which was entered in the register more than five years before the date of the request, unless such information relates to revocations or suspensions that are still in effect on the date of the request. Applies penalties for the negligent operation of a vessel while "intoxicated" to negligent operation while "under the influence of alcohol, or a dangerous drug." Subtitle B: Drug Paraphernalia Restrictions - Amends the Anti-Drug Abuse Act of 1986 to provide that criminal forfeiture of drug paraphernalia will be accomplished in accordance with procedures applicable to other criminal forfeiture provisions of the Controlled Substances Act (CSA). Authorizes the Attorney General to bring a civil action and to seek injunctive relief and authorizes the court to assess a civil penalty of up to $100,000 for violations of the paraphernalia statute. Provides for civil forfeiture of drug paraphernalia, other property involved, and property traceable to property involved in a violation of criminal forfeiture provisions. Title III: Interdiction Improvements - Makes it unlawful for the pilot, operator, or person in charge of any aircraft which has crossed the U.S. border or is subject to U.S. jurisdiction operating outside the United States to refuse to obey the order of an authorized Federal law enforcement officer to land in cases involving enforcement of controlled substances or money laundering laws. Sets forth analogous provisions with respect to vessels. Establishes penalties for violation of such provisions. Specifies that any vessel or aircraft used in such a violation may be seized and forfeited. Amends the Federal Aviation Act of 1958 to require: (1) revocation of the registration certificate of an aircraft that refuses to land when ordered to do so by a law enforcement officer; and (2) the Administrator of the Federal Aviation Administration to establish procedures for the owner of the aircraft to show cause why the factual predicate did not exist to trigger the revocation of the registration or why it would be in the public interest to issue a new certificate of registration to be effective concurrent with the revocation which occurred by operation of law. Authorizes the Coast Guard to issue orders and make inquiries, searches, seizures, and arrests with respect to violations of U.S. laws occurring aboard any aircraft over the high seas and waters over which the United States has jurisdiction. Specifies the method by which orders to land an aircraft must be communicated. Establishes a civil penalty for failure to comply with a lawful boarding or order to land. Amends the Tariff Act of 1930 to: (1) authorize U.S. Customs officers to exercise their enforcement authority outside of the United States, including any location in which Customs officers are permitted to conduct inspections, examinations, or searches; and (2) provide civil penalties for failure of an aircraft to comply with customs officer orders to land or bring to and Tariff Act provisions regarding the boarding of vessels. Title IV: International Narcotics Control - Amends the Foreign Assistance Act of 1961 (FAA) to: (1) authorize the President to provide narcotics-related assistance to Bolivia, Colombia, and Peru; and (2) make funds available under such Act and the Arms Export Control Act for training and equipment for law enforcement agencies or other units in such countries organized for the specific purpose of narcotics enforcement. Waives during FY 1991 provisions of the FAA and similar provisions relating to limitations on assistance to countries in default on obligations owed to the United States with respect to narcotics-related assistance for a country which is a major illicit drug-producing country because of its coca production. Authorizes the President to provide assistance under the FAA to promote the production, processing, and marketing of products which can be produced economically in such countries in order to reduce dependence upon the production of crops from which narcotic and psychotropic drugs are derived. Revises certain narcotics-related provisions of the FAA to: (1) authorize the use of funds for international narcotics control for defensive arming of U.S.-title aircraft used in narcotics control eradication or interdiction efforts and for personnel and agents participating in such efforts; and (2) make an exception to the provision requiring the President to withhold 50 percent of the assistance authorized and appropriated for a major drug-producing or drug-transit country pending the March 1 certification of narcotics cooperation if he determines that application of such provision would be contrary to the national interest. Repeals provisions requiring that any aircraft made available to a foreign country be provided only on a lease or loan basis. Permits the assigning of more than six members of the armed forces to Military Assistance Groups in Bolivia and Peru. Continues for FY 1991 the waiver of the requirement under the FAA to withhold 50 percent of annual foreign aid to major drug-transit countries which meet specified requirements, such as cooperation with the United States in achieving anti-narcotics objectives. Amends the Federal criminal code to authorize the Secretary of State to order the surrender to a foreign country of a U.S. citizen whose extradition has been requested by such country even if the terms of the applicable treaty or convention do not obligate the United States to extradite its citizens. Amends the Export-Import Bank Act of 1945 to extend the Export-Import Bank's authority to finance sales of defense articles and services for anti-narcotics purposes to September 30, 1992 (currently, expires September 30, 1990). Expresses the sense of the Congress that: (1) practices of foreign governments that condone or permit illicit narcotics production and export are considered damaging to future trade relations with the United States; and (2) the Office of the U.S. Trade Representative should bring the matter of illicit narcotics production and export to the attention of appropriate countries, require foreign countries that tolerate such activities to address their elimination in a serious and effective manner, and consider rewarding foreign countries that make significant strides against drug trafficking with good trade relations with the United States. Title V: Firearms and Related Amendments - Amends the Federal criminal code to prohibit the transfer of firearms to non-residents of the State in which the transferor resides. Provides for the disposition of forfeited firearms. Classifies as serious drug offenses for purposes of the Armed Career Criminal Act of 1984 serious drug offenses committed by juveniles. Specifies that if a conviction was for a violent felony involving the threatened or actual use of a firearm or explosives, or was for a serious drug offense, such person shall be considered convicted for purposes of this Act irrespective of any pardon, setting aside, expunction, or restoration of civil rights. Permits the judicial officer to consider pretrial detention with respect to certain firearms and explosives offenses. Provides for enhanced penalties for: (1) the use of a semiautomatic firearm during a crime of violence or drug trafficking offense, with exceptions; and (2) possession of a firearm or explosive during the commission of such offenses. Makes enhanced penalties inapplicable in the presence of specified mitigating circumstances, unless the defendant engaged or participated in criminal conduct that gave rise to the occasion for the defendant's use of the firearm. Sets forth penalties for smuggling firearms in aid of drug trafficking and for theft of firearms and explosives. Bars the sale or possession of firearms and explosives to or by persons convicted of violent or serious misdemeanor drug or narcotic offenses. Provides for the mandatory revocation of the supervised release of an individual for possession of a firearm. Increases penalties for: (1) making knowingly false, material statements in connection with the acquisition of a firearm from a licensed dealer; and (2) a second offense of using an explosive to commit a Federal felony. Amends the Internal Revenue Code to: (1) change from six to five years the statute of limitations for certain firearms offenses; and (2) provide for the summary forfeiture of unregistered National Firearms Act weapons, with provision for reimbursement for innocent owners. Makes it unlawful for felons and others to possess explosives. Authorizes the summary destruction of explosives subject to forfeiture under specified circumstances. Sets forth requirements for reimbursement of the value of destroyed property. Title VI: Death Penalty - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits evidence to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Sets forth special aggravating factors for: (1) espionage, treason, homicide, and the attempted murder of the President; and (2) drug offenses punishable by the death penalty (such factors include previous serious drug felony convictions, use of a firearm in committing or furthering certain continuing criminal enterprises, use of minors in trafficking, and lethal adulteration of controlled substances.) Directs the court, or the jury by unanimous vote, to impose the death penalty upon a finding of at least one aggravating and no mitigating factor, or one or more aggravating factors which outweigh any mitigating factors. States that no person who was under 18 years of age at the time of the offense may be sentenced to death. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant or victim in its consideration of the sentence. Establishes procedures for appeal from a death sentence. Requires the court of appeals, upon consideration of the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under the influence of passion, prejudice, or any other arbitrary factor; and (2) the information supports the finding of aggravating factors. Requires the court to provide a written explanation of its determination. Sets forth procedures for the implementation of the sentence of death. Limits the circumstances under which the offense of delivering defense information to aid foreign governments is punishable by death. Provides for the imposition of the death penalty for: (1) murder committed by prisoners in Federal prisons; (2) kidnappings which result in the death of any person; (3) hostage takings which result in the death of any person; (4) attempting to kill the President of the United States (if such attempt results in bodily injury or comes dangerously close to causing the President's death); (5) "murder for hire;" (6) murder in the aid of a racketeering activity; (7) international terrorism (where the killing is a first-degree murder); (8) engaging in a criminal enterprise activity which results in death; (9) specified violations of the CSA, the Controlled Substances Import and Export Act, and the Maritime Drug Law Enforcement Act; and (10) genocide. Increases the minimum sentence to life imprisonment for the crime of bank robbery which results in death. Provides for appointment of counsel in Federal cases where a defendant is charged with a crime with respect to which a sentence of death is sought and is or becomes financially unable to obtain adequate representation. Sets forth additional provisions with respect to: (1) representation before and after review of judgment; (2) standards for competence of counsel; and (3) claims of ineffectiveness of counsel. Authorizes, in the discretion of the court, appointment of counsel for a petitioner who is or becomes financially unable to afford counsel in Federal habeas corpus proceedings involving State prisoners in capital cases. Sets forth provisions regarding: (1) deadlines for collateral attacks on judgments imposing a sentence of death; and (2) stays of execution. Title VII: Criminal Justice System Reform - Subtitle A: Habeas Corpus Proceedings Relating to Death Penalty Cases - Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases. Applies such procedures to Federal habeas corpus cases brought by prisoners in State custody who are subject to a capital sentence. Makes the applicability of such procedures contingent upon a State establishing a mechanism for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in State post-conviction proceedings brought by indigent prisoners whose capital convictions and sentences have been upheld on direct appeal to the court of last resort in the State or have otherwise become final for State law purposes. States that the rule of court on statutes establishing such mechanism must provide standards of competency for the appointment of such counsel. Directs that any such mechanism must offer counsel to all State prisoners under capital sentence and must provide for the entry of an order by a court of record: (1) appointing counsel to represent the prisoner upon a specified finding; (2) finding that the prisoner has rejected the offer of counsel and made the decision with an understanding of its legal consequences; or (3) denying the appointment of counsel upon a finding that the prisoner is not indigent. Provides for a mandatory stay of execution during the post-conviction review initiated pursuant to this Act. Details conditions which will cause such stay to expire. Prohibits a Federal court, if one of such conditions has occurred, from entering a stay of execution or granting relief in a capital case unless: (1) the basis for the stay and request for relief is a claim not previously presented in the State or Federal courts; (2) the failure to raise the claim was the result of State action in violation of the Constitution or laws of the United States, was the result of a recognition by the Supreme Court of a new Federal right that is retroactively applicable, or is due to the fact that the claim is based on facts that could not have been discovered through the exercise of reasonable diligence in time to present the claim for State or Federal post-conviction review; and (3) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the jury's determination of guilt on the offense for which the death penalty was imposed. Imposes time limits on filing for habeas corpus relief. Requires such time limits to be tolled under specified conditions. Requires the district court, upon the development of a complete evidentiary record, to rule on the merits of the claims properly before it. Makes the requirement for a certificate of probable cause inapplicable, with exceptions, where: (1) a second or successive petition is filed; and (2) certain requirements under a unitary review procedure (i.e., a State procedure that authorizes a person under sentence of death to raise, in the course of direct review of judgment, such claims as could be raised on collateral attack) are met. Subtitle B: General Habeas Corpus Reform - Amends the Federal judicial code to prohibit consideration of a habeas corpus claim by a State prisoner unless actual prejudice resulted from the denial of a Federal right and: (1) State action precluded assertion of the right; (2) the Federal right asserted was newly recognized; (3) the factual basis of the claim could not have been discovered through the exercise of reasonable diligence prior to the procedural default; or (4) a constitutional violation asserted in the claim probably resulted in a factually erroneous conviction or a sentence predicated on an erroneous factual determination. Establishes a one-year statute of limitations for habeas corpus actions brought by State prisoners. Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. Prohibits the granting of a habeas corpus writ with respect to any claim which has been fully and fairly adjudicated in State proceedings. Sets forth provisions regarding the appointment of counsel. Subtitle C: Exclusionary Rule - Amends the Federal criminal code to bar the exclusion of evidence obtained as a result of a search or seizure carried out under circumstances justifying an objectively reasonable belief that it was in conformity with the fourth amendment. Specifies that evidence shall not be excluded on the ground that it was obtained in violation of a statute, an administrative rule or regulation, or a rule of procedure unless exclusion is expressly authorized by statute or by a rule prescribed by the Supreme Court pursuant to statutory authority. Title VIII: Criminal Alien Justice Act - Amends the Immigration and Nationality Act to authorize Immigration and Naturalization Service (INS) agents and officers to carry firearms and make arrests. Revises the definition of "aggravated felony" for purposes of such Act. Includes among the classes of aliens ineligible to receive visas and excluded from U.S. entry an alien who: (1) is in illicit possession of a controlled substance; and (2) has been convicted of an aggravated felony. Subjects such aliens to summary exclusion. Subjects an alien convicted of an aggravated felony to an expedited summary deportation proceeding. Requires Federal and State courts to notify the INS upon sentencing an alien to an aggravated felony. Bars aliens who are aggravated felons and other criminal aliens from: (1) asylum; (2) a judicial recommendation against deportation; and (3) a deportation waiver based on length of U.S. domicile, family hardship, good moral character, and specified other grounds. Title IX: Justice System Integrity and Accountability - Subtitle A: Public Corruption - Amends the Federal criminal code to prescribe penalties to be imposed against anyone who defrauds the inhabitants of the United States, Indian country, or a State or political subdivision of: (1) the honest services of a government official or employee; or (2) a fair and impartially conducted election process through the use of fraudulent ballots or voter registration forms, paying or offering to pay any person for voting, the filing of fraudulent campaign reports, intimidating or coercing an individual to vote (or decline to vote) or register (or decline to register) to vote, or the unauthorized alteration or substitution of a ballot. Prescribes criminal penalties to be imposed upon any official who: (1) for financial gains uses interstate commerce to defraud the inhabitants of the United States, any State, political subdivision, or Indian tribal government, of the right to have government affairs conducted on the basis of complete, true, and accurate information; or (2) in order to carry out or conceal any scheme or artifice to defraud, discriminates, harasses, or takes adverse action against any employee or official of the United States or any State or political subdivision. Amends mail fraud provisions to prohibit use of any facility of interstate or foreign commerce in the execution of a scheme or artifice to defraud. Makes it a class B felony for a public official to corruptly demand or accept anything of value, personally or for another, in return for: (1) being influenced in the performance or nonperformance of any official act; or (2) being influenced to commit, collude in, or allow the commission of any offense against the United States or any State. Makes it a class B felony for a public official to corruptly give, offer, or promise anything of value, to an official or to another, with intent to: (1) influence any official act; (2) influence such official to commit, collude in, or allow the commission of any offense against the United States or a State; or (3) influence such official to do or omit any act in violation of such official's lawful duty. Grants Federal jurisdiction over an offense under this Act (with respect to narcotics-related corruption) which involves or is intended to further or conceal the illegal importation, manufacture, transportation, or distribution of any controlled substance or controlled substance analogue. Subtitle B: Drug Testing - Requires: (1) the Director of the Administrative Office of the U.S. Courts to establish a program of drug testing of criminal defendants on post-conviction release; and (2) the chief probation officer in each district to arrange for the drug testing of such defendants. Requires, as an explicit condition of probation, parole, or supervised release of a defendant involving a felony or a specified violent or drug offense, that the defendant refrain from any unlawful use of a controlled substance and submit to periodic drug tests. Sets limitations on the authority to require such tests and to take action against a defendant based on test results. Provides for revocation of supervised release by a defendant placed on parole, probation, or post-imprisonment release if such defendant unlawfully uses a controlled substance or refuses to cooperate in drug testing. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to prohibit Federal assistance to any State that has not implemented a drug testing program for targeted classes of arrestees, prisoners, and persons on conditional or supervised release before or after conviction. Directs the Attorney General to promulgate regulations for such program, based in part on scientific and technical standards determined by the Secretary of Health and Human Services to ensure the reliability and accuracy of test results. Specifies that such regulations may include guidelines or specifications concerning: (1) the classes of persons to be targeted for testing; (2) the drugs to be tested for; (3) the frequency and duration of testing; and (4) the effect of test results in decisions concerning the sentence, conditions to be imposed on release before or after conviction, and the granting, continuation, or termination of such release. Subtitle C: Protection of Witnesses, Jurors, and Court Officers - Increases penalties for obstruction of justice offenses against court officers and jurors and for retaliatory killings of witnesses, victims, and informants. Title X: Amendments Related to Asset Forfeiture, Controlled Substances, and Money Laundering - Subtitle A: Asset Forfeiture - Sets forth provisions regarding the transfer of appropriations from the Department of Justice Assets Forfeiture Fund to the Special Forfeiture Fund. Authorizes such transfers on a quarterly basis (currently, at the end of each fiscal year). Amends the Federal judicial code to authorize the Attorney General to warrant clear title to a subsequent purchaser or transferee of forfeited property. Amends the Federal criminal code to provide for the forfeiture of the proceeds of a foreign drug offense, except to the extent of an interest of an owner by reason of any act or omission established by that owner to have been committed or omitted without the knowledge, consent, or willful blindness of the owner. Amends the Federal criminal code and the CSA to: (1) bar the use of bankruptcy proceedings to prevent a criminal forfeiture for violations of such Act; and (2) provide for nonabatement of criminal forfeiture when a defendant dies pending appeal. Amends the CSA to provide for the forfeiture of: (1) personal property used to facilitate a drug offense; and (2) proceeds traceable to conveyances used to facilitate drug violations. Authorizes the Attorney General or Secretary of the Treasury to transfer the forfeited personal property, or the proceeds of the sale of forfeited personal or real property, to a foreign country which participated in the seizure or forfeiture of the property, subject to specified conditions. Amends the CSA to authorize the destruction of dangerous, toxic, or hazardous materials subject to forfeiture. Amends the Federal judicial code to authorize the payment of awards for information or assistance leading to a civil or criminal forfeiture under any law enforced or administered by the Department of Justice. (Under current law, such authority is limited to forfeitures under specified Federal statutes.) Eliminates a restriction on the disposal of judicially forfeited property by the Department of the Treasury and the U.S. Postal Service. Provides that substitute assets will be forfeited by an intermediary who does not retain the laundered property if that person participates in three or more transactions involving $100,000 or more in a 12-month period. Amends the Anti-Smuggling Act of 1935 to: (1) provide for the seizure and forfeiture of vehicles with concealed compartments under specified conditions; and (2) make the existence of any compartment or equipment built or outfitted for smuggling to be prima facie evidence that a vehicle, vessel, or other conveyance is being, has been, or is attempted to be employed in smuggling or in defrauding the revenue of the United States. Authorizes the disclosure of grand jury information for use in connection with civil forfeiture proceedings. Authorizes the Director of the Office of National Drug Control Policy to transfer funds to agencies responsible for carrying out the National Drug Program. Subtitle B: Controlled Substances - Adds certain cocaine and drug conspiracy and attempt offenses committed by juveniles to the list of crimes for which prosecution as an adult is authorized if the Attorney General certifies that there is a substantial Federal interest in the case that justifies adult prosecution. Amends the CSA and Controlled Substances Import and Export Act to define "felony drug offense" as an offense relating to narcotics, marihuana, depressants, or stimulants. Revises recidivist penalty provisions of such Acts to incorporate such term. Provides for: (1) a sentence of mandatory life imprisonment without release and a fine for certain CSA convictions after two or more prior felony drug offense convictions; and (2) a mandatory fine of at least $1,000 for possession of a substance with a cocaine base under specified circumstances. Increases the minimum prison sentence for use of underage persons in illegal drug transactions. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to provide for innovative intermediate sanctions programs in combination with drug testing, including boot camps, house arrest, electronic monitoring, intensive supervision, and community service. Amends the Tariff Act of 1930 to require the payment of at least a $500 penalty for failure to declare a controlled substance. Provides for enhanced penalties for drug trafficking in Federal prisons. Authorizes funding through January 1, 1992, for Treasury undercover operations under the Anti-Drug Abuse Act of 1988. Raises the cap for certain discretionary grants under the Omnibus Crime Control and Safe Streets Act of 1968 for drug and violent crime control programs . Sets forth provisions requiring the fingerprinting and photographing of, and keeping of records and information concerning, juveniles found guilty of specified felony or controlled substances offenses. Repeals provisions establishing procedures for special probation and record expungement for drug possessors. Subtitle C: Money Laundering - Makes changes in the definition of "financial transaction" for purposes of the money laundering statute. Amends the Anti-Drug Abuse Act of 1988 to continue the $10,000 cash transaction reporting requirement for another two years. Amends the Right to Financial Privacy Act of 1978 (RFPA) to authorize the transfer of certain financial records to another agency if the transferring agency has reason to believe that the records are relevant to a matter within the jurisdiction of, or appropriate for analysis by, the receiving agency for law enforcement purposes. Prohibits the disclosure of the existence or terms of a geographic targeting order. Makes the RFPA inapplicable to a financial institution providing information that it has reason to believe may be relevant to a Bank Secrecy Act violation. Exempts from liability a financial institution that: (1) ceases to do business with a customer because of suspicious transactions; and (2) discloses in good faith information and records relating to a customer violation of the Bank Secrecy Act. Authorizes the warrantless search of outgoing mail at U.S. borders by the U.S. Customs Service when a customs officer has reasonable cause to suspect that there are monetary instruments being transported in such a letter. Adds certain predicate offenses relating to financial institutions to the Federal money laundering statute. Amends the RFPA to add conforming predicate laundering references to the "insider" exemption under such Act. Subtitle D: Other Provisions - Authorizes the disclosure of cable television subscriber information to a Federal grand jury. Amends the Anti-Drug Abuse Act of 1988 to permit an arrest warrant to be issued for a foreign fugitive about to enter the United States. Authorizes State government personnel to assist in court-authorized electronic or wire interceptions. Authorizes providers of electronic communication services to disclose specified information, upon written request, to a governmental entity. Amends the Federal criminal code to provide that an element of an offense that the defendant knew that property was stolen or counterfeit may be established by proof that the defendant, as a result of an official representation as to the nature of the property, believed the property to be stolen or counterfeit. Amends Federal criminal code provisions with respect to the sexual abuse of minors to: (1) include 12- and 13-year-olds within the scope of provisions prohibiting engaging in sexual acts with children; (2) revise the definition of sexual act to include the intentional touching, not through the clothing, of the genitalia of individuals under age 16 with intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; and (3) provide enhanced penalties for subsequent offenses. Amends the Bankruptcy code to except from discharge under bankruptcy the payment of restitution under the Victim and Witness Protection Act of 1982. Title XI: Drug War Bonds - Directs the Secretary of the Treasury to issue: (1) Drug War Bonds for a three-year period with a 12-year maturity date; and (2) Drug War Stamps to evidence payments for or on account of such bonds. Specifies that the difference between the price paid and the amount received on redeeming a Drug War Savings Bond is interest under the Internal Revenue Code. Authorizes a taxpayer to designate a specified portion of any tax overpayment or make cash contributions to the War on Drugs Trust Fund (established by this Act). Authorizes the Attorney General to make expenditures from the Department of Justice Assets Forfeiture Fund into the War on Drugs Trust Fund. Amends the Internal Revenue Code to establish the War on Drugs Trust Fund. Transfers to such Fund: (1) proceeds from the sale of Drug War Bonds and stamps; and (2) certain cash contributions and portions of tax overpayments. Prescribes expenditures from the War on Drugs Trust Fund, including the construction of Federal prison facilities and education and rehabilitation programs. Directs the Attorney General to make recommendations to the Congress regarding the merits of privatizing Federal prisons. Title XII: Transportation Safety - Directs the Secretary of Transportation to establish testing programs for the use, in violation of law or Federal regulation, of controlled substances and of alcohol by individuals performing sensitive safety- or security-related functions for air carriers, motor carriers, rail carriers, pipeline facility operators, and recipients of assistance under the Urban Mass Transportation Act of 1964. Directs the Secretary to establish only those requirements applicable to foreign air and motor carriers that are consistent with U.S. international obligations, taking into consideration any applicable laws and regulations of foreign countries. Requires the Secretary to conduct a program to reduce illegal drug activities at truck stops. Provides that such program may include security and law enforcement activities at truck stops and educational programs for truck stop operators and operators of commercial motor vehicles. Sets forth provisions with respect to matching of Federal appropriations for such program. Amends the CSA to impose mandatory minimum criminal penalties for the unlawful distribution or possession of controlled substances within 1,000 feet of a truck stop or safety rest area. Prohibits the suspension of a sentence, granting of probation, or eligibility for parole until the individual has served the minimum required sentence under the Federal criminal code for any person who violates this Act after a prior conviction under this Act has become final. Requires the U.S. Sentencing Commission to promulgate specified sentencing guidelines for violations of this Act. Bars multiple enhancements.
United States · United States Congress · 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.
United States · United States Congress · 7 June 1990
Airport Safety and Capacity Expansion Act of 1990 - Title I: Airport and Airway Improvement - Amends the Airport and Airway Improvement Act of 1982 to authorize appropriations for airport development and planning projects. Directs the Administrator of the Federal Aviation Administration (FAA) to submit to the Congress a ten-year Airway Capital Investment Plan (currently, a national airways system plan). Authorizes appropriations for air navigation facilities. Authorizes appropriations for FY 1991 and 1992 for the general operations of the FAA. Repeals for FY 1991 and 1992 a specified reduction of the maximum amount which may be appropriated from the Airport and Airway Trust Fund for costs: (1) of services provided under international agreements relating to the joint financing of air navigation services which are assessed against the United States; and (2) incurred by the Secretary of Transportation to flight check, operate, and maintain air navigation facilities. Sets forth a formula for a higher ceiling on appropriations to cover such costs. Authorizes appropriations for the costs incurred by the National Oceanic and Atmospheric Administration in providing the FAA with weather reporting services. Requires the Secretary to develop a system of manned Auxiliary Flight Service Stations. Title II: Federal Aviation Administration Procurement Reform - Amends the Federal Aviation Act of 1958 to authorize the Administrator of the FAA (currently, the Secretary of Transportation) to procure personal property or services as well as real property on a noncompetitive basis under specified circumstances. Provides for multiyear service and property acquisition contracts with terms of up to five years.
United States · United States Congress · 6 June 1990
Amtrak Reauthorization and Improvement Act of 1990 - Amends the Rail Passenger Service Act to authorize appropriations through FY 1992 for the National Railroad Passenger Corporation (Amtrak). Limits the liability for certain rail accidents occurring in the District of Columbia to no more than the limits of coverage maintained by a publicly funded commuter transportation authority established under Virginia law to indemnify Amtrak or any railroad over which the authority conducts its operations. Authorizes the use of proceeds from the sale of railroad lines that were acquired and rehabilitated with funds under the Rail Safety and Service Improvement Act of 1982 for similar purposes with respect to railroad lines connected with such a line for the purpose of continued rail service on them. Requires Amtrak to cooperate with the efforts of the Washington State Department of Transportation in designing a study of the feasibility of reestablishing rail service between Seattle, Washington, and Vancouver, British Columbia. Directs Amtrak to study and report to the Congress on the revenue and cost implications of separating the California Zephyr-Desert Wind-Pioneer train into two service routes serving a southern and a control route through Iowa. Prohibits the compensation of any rail or motor carrier employee who works in more than one State from being subject to State income taxes in any State but the State in which the employee resides. Amends the Railroad Unemployment Insurance Act to treat Amtrak as a publicly funded rail carrier with respect to its contribution toward employees' unemployment compensation benefits. Directs the Secretary of Transportation to study and report to the Congress on the potential need among Class II and Class III railroads for Federal guarantees of obligations for funding rehabilitation and improvement of facilities and equipment, acquisition of new railroad facilities, or refinancing of existing debt.
![Official portrait of Rep. Clinger, William F., Jr. [R-PA-5]](https://www.congress.gov/img/member/c000523_200.jpg)