United States · United States Congress · 29 January 1991
Commodity Futures Improvements Act of 1991 - Title I: Limitations on Certain Trading Practices - Amends the Commodity Exchange Act to prohibit dual trading by a floor broker in a contract market in which the Commodity Futures Trading Commission (CFTC) has determined the average daily trading volume to equal or exceed a threshold trading level. Exempts a board of trade from such prohibition if it can show adequate trading violation surveillance (audit trails). Limits trading among members of broker associations. Requires the CFTC to determine and report to the appropriate congressional committees with regard to whether the public interest would be best served by placing alternative restrictions or prohibitions on broker association trading. Title II: Enhancement of Regulatory and Enforcement Activities - Sets forth audit trail requirements, including one-minute transaction recording. Requires a CFTC compliance report to be filed with the appropriate congressional committees. Requires each futures association to adopt telemarketing fraud disciplinary criteria, which shall include a prohibition on a person who has solicited a new account by telephone from entering any orders for such account for three days after the customer has signed the risk disclosure statement. Continues CFTC authority to conduct undercover enforcement operations. Establishes CFTC contract market disciplinary committees. Provides for outside representation on contract market governing boards. Requires floor trader registration. Authorizes CFTC registration authority. Revises provisions regarding: (1) registration; and (2) enforcement of money penalties. Requires ethics training for new registrants. Provides for nationwide service of process and venue in U.S. district courts. Requires contract markets to monitor hedge exemptions to ensure that position limits are not being exceeded. Increases money penalties for specified violations under such Act. Provides for contract market emergency rules (effective on a temporary basis without prior CFTC approval or without compliance with notice requirements). Requires CFTC approval or disapproval within ten days of notification (or as soon as practicable) and a report to the appropriate congressional committees. Makes insider trading a felony. Sets forth Commissioner qualifications. Requires the CFTC to monitor the margin level on equity index instruments and take appropriate action to ensure that such level is sufficient to: (1) maintain futures market integrity; and (2) protect the public interest. Requires the CFTC to similarly monitor arbitrage trading, including the use of computers. Prohibits voting by financially interested members of a governing board or committee. Directs the Comptroller General to conduct studies and report to the appropriate congressional committees with regard to: (1) agricultural commodity contract delivery points; and (2) transaction assessments. Directs the CTFC to conduct studies and report to the appropriate congressional committees with regard to: (1) competitiveness of boards of trade; and (2) computerized futures trading. Directs the CFTC to establish a pilot program to collect information on and encourage the use of computers and other electronic means to effect futures and options trading. Title III: Assistance to Foreign Futures Authorities - Provides for cooperation with foreign futures authorities (as defined by this Act) with regard to: (1) subpoena authority; (2) investigative assistance; and (3) information disclosure and receipt. Title IV: Authorization of Appropriations; Technical Amendments; Effective Date - Authorizes FY 1992 and 1993 appropriations. Makes technical amendments. Makes the provisions of this Act effective upon enactment.
United States · United States Congress · 24 January 1991
Judicial Taxation Prohibition Act - Amends the Federal judicial code to deny to inferior Federal courts jurisdiction to issue any remedy, order, writ, or other judicial decree requiring the Federal Government or any State or local government to impose any new tax or to increase any existing tax or tax rate.
United States · United States Congress · 11 January 1991
Amends the National Trails System Act to designate as components of the National Trails System: (1) the California National Historic Trail, extending from Independence and Saint Joseph, Missouri, and Council Bluffs, Iowa, to various points in California and Oregon; and (2) the Pony Express National Historic Trail, extending from Saint Joseph, Missouri, through Kansas, Nebraska, Colorado, Wyoming, Utah, and Nevada to Sacramento, California.
United States · United States Congress · 3 January 1991
Amends Federal law to prohibit any State from imposing an income tax on the pension income of any individual who is not a resident or domiciliary of that State.
United States · United States Congress · 3 January 1991
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to remove the limitation on the amount of outside income which a beneficiary may earn without incurring a reduction in benefits.
United States · United States Congress · 3 January 1991
Enterprise Zone Jobs-Creation Act of 1991 - Title I: Designation of Enterprise Zones - Authorizes the Secretary of Housing and Urban Development (Secretary) to designate enterprise zones for purposes of providing tax and regulatory relief and improving local services. Limits choices to areas nominated by States and local governments. Limits the total number of areas that may be designated, and the time period of the designation. Authorizes the Secretary to designate a zone only if the area meets certain locational, demographic, unemployment, and poverty criteria. Requires nominating local governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action that may include reducing tax rates, improving local services, simplifying or streamlining regulation of business, and providing job training to area residents. Describes areas to which the Secretary must give preference in selecting areas for designation. Requires the Secretary to report to the Congress every four years on the effects of such enterprise zones' designation in accomplishing the purposes of this Act. Title II: Federal Income Tax Incentives - Allows a nonrefundable income tax credit to enterprise zone employees for five percent of any wages earned as do not exceed a specified amount. Phases out such credit. Provides for the nonrecognition of capital gain on the sale of enterprise zone property. Allows a taxpayer a deduction on the aggregate amount paid for the purchase of enterprise stock on its original issue by a qualified issuer. Requires any gain from the disposition of the stock to be treated as ordinary income. Title III: Regulatory Flexibility - Amends Federal law to revise the definition of "small entity" for purposes of the analysis of regulatory functions to include qualified business, government, and nonprofit enterprises operating within enterprise zones. Authorizes Federal agencies, upon request by a designating government, to waive or modify rules and regulations pertaining to the implementation of projects or activities within an enterprise zone. Requires agencies to approve the request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in retaining the rule unchanged. Disallows waiver or modification of a rule that would directly violate a statutory requirement or present a danger to the public health and safety. Title IV: Establishment of Foreign-Trade Zones in Enterprise Zones - Requires the Foreign-Trade Zone Board to consider on a priority basis and to expedite the processing of applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones. Title V: Repeal of Title VII of the Housing and Community Development Act of 1987 - Repeals title VII (enterprise zone development) of the Housing and Community Development Act of 1987.
United States · United States Congress · 3 January 1991
Drug Testing Quality Act - Amends the Public Health Service Act to establish a program for the certification of laboratories for the performance of toxicological urinalysis for drug testing programs. Requires the program, as much as practicable, to conform to specified mandatory guidelines for Federal workplace drug testing programs published by the Department of Health and Human Services (HHS guidelines). Mandates regulations to ensure the integrity of drug testing programs. Requires the regulations to conform, as much as practicable, to the HHS guidelines. Provides for the inclusion of additional drugs and classes of drugs for which test methods and cutoff levels are provided. Requires taking into consideration any special factors applicable to amateur athletics. Sets forth specimen collection procedures. Prohibits performing urinalysis for drug testing without certification. Provides for criminal penalties, administrative remedies, injunctions, and certain civil actions. Supersedes less stringent statutes, rules, regulations, orders, and laws. Preempts State or local requirements regarding drug testing laboratory certification or the conduct of testing programs. Requires fees for certification and recertification to cover costs.
United States · United States Congress · 3 January 1991
National Commemorative Advisory Act - Establishes the President's Advisory Commission on National Commemoratives to: (1) establish criteria for recommending to the President that a proposed national observance be approved or disapproved; (2) review proposals for national observances submitted in accordance with procedures published by the Commission; and (3) issue recommendations to the President concerning each proposal reviewed.
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 · 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 · 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 · 11 September 1990
National Emergency Anti-Profiteering Act of 1990 - Prohibits profiteering with respect to essential commodities following a presidential declaration of a national economic emergency. Establishes criminal penalties and civil remedies for such profiteering (including disgorgement of all profits earned). Sets forth guidelines for the duration of a national economic emergency. Authorizes the Congress to terminate by passage of a joint resolution the designation of a national economic emergency or of the essential commodities with respect to which it exists. Provides for judicial review of the President's determination regarding either an emergency or essential commodities.
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 · 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
House of Representatives Clean Indoor Air Act - Prohibits an individual from possessing a lit tobacco product in any public area within a House office building unless it is in an area designated by the House Office Building Commission. Requires the Clerk of the House of Representatives to study and report to the Committee on House Administration on the feasibility of offering a smoke cessation assistance program for Representatives, officers, and employees of the House.
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 Tribally Controlled Community College Assistance Act of 1978 to authorize appropriations for FY 1991 and 1992 for: (1) grants to tribally-controlled community colleges; (2) technical assistance contracts; (3) the renovation and construction of Bureau of Indian Affairs facilities for use by such colleges; and (4) the tribally-controlled Community College Endowment Program. Amends the Navajo Community College Act to authorize appropriations for construction grants for the Navajo Community College for FY 1991 and 1992.
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: (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
Authorizes the States to waive application of the Commercial Motor Vehicle Safety Act of 1986 to vehicles used either for transporting farm supplies from retail dealers to or from a farm, or for custom harvesting, regardless of whether or not they are controlled or operated by a farmer.
United States · United States Congress · 6 June 1990
Urges the President to instruct the Attorney General to appoint an independent counsel to investigate the involvement of Government officials in the savings and loan scandal.
United States · United States Congress · 5 June 1990
1992 Olympic Commemorative Coin Act - Directs the Secretary of the Treasury to issue 1992 Olympic Games commemorative five-dollar gold coins and one-dollar silver coins. Prescribes guidelines for the sale and pricing of such coins and directs the Secretary to ensure that their issuance will not result in any net cost to the United States. Mandates that surcharges be paid to the U.S. Olympic Committee.
United States · United States Congress · 22 May 1990
Entitles any individual who is involuntarily separated from the armed forces under honorable conditions after July 1, 1990, after having served on active duty for at least six consecutive years to have five additional points added to any passing grade earned on a civil service examination if such individual is not otherwise eligible for any veterans' preference.
United States · United States Congress · 22 May 1990
Designates June 25, 1990, as Korean War Remembrance Day. Authorizes and requests the President to urge that the American flag be flown at half staff on such day in honor of the Americans who died as a result of their service in the Korean War.
United States · United States Congress · 9 May 1990
Puerto Rico Self-Determination Act - Authorizes appropriations for grants to the Government of Puerto Rico for conducting a referendum on the following political status options: (1) independence; (2) statehood; (3) an enhanced commonwealth relationship with the United States; or (4) none of the above. Requires the Senate Committee on Energy and Natural Resources and the House Committee on Interior and Insular Affairs to draft legislation implementing the selected status. Authorizes appropriations. Sets forth procedures for consideration of legislation implementing Puerto Rico's status. Requires the enacted legislation to be submitted to the Puerto Rican people for ratification by July 7, 1992. Provides that the legislation, if approved, shall take effect on October 1, 1992. Authorizes appropriations.
United States · United States Congress · 2 May 1990
Constitutional Amendment - Prohibits the Supreme Court or any inferior court of the United States from ordering a State or political subdivision, or an official of such State or subdivision, from laying or increasing taxes.
United States · United States Congress · 1 May 1990
Judicial Taxation Prohibition Act - Amends the Federal judicial code to deny to inferior Federal courts jurisdiction to issue any remedy, order, writ, or other judicial decree requiring the Federal Government or any State or local government to impose any new tax or to increase any existing tax or tax rate.
United States · United States Congress · 4 April 1990
National Health Service Corps Revitalization Amendments of 1990 - Title I: Revisions in General Program for National Health Service Corps - Amends the Public Health Service Act provisions relating to the purpose of the National Health Service Corps to require that the Secretary of Health and Human Services use the Corps to provide primary health services in health manpower shortage areas. Removes a limitation on the dollar amount of pay increases which may be granted to a Corps member during the first 36 months of service. Removes provisions directing the Secretary, in assigning Corps members, to: (1) give priority to meeting Indian Health Service and other indian tribe or tribal organization needs; and (2) provide special consideration to homeless populations who do not have access to primary health care services. Applies certain definitions to provisions relating to Corps scholarship and loan programs as well as to provisions relating directly to the Corps. Requires that a complete descriptive list of health manpower shortage areas be published in the Federal Register by specified deadlines. Includes in the definition of "medical facility": (1) health programs or facilities operated by a tribe or tribal organization; and (2) facilities used in connection with provisions relating to health services for homeless individuals. Allows the Secretary to assign members of the Corps to an entity to provide health services in a health manpower shortage area only if there has been (currently, will be) appropriate and efficient use of Corps members assigned to that entity for the area. Removes certain provisions relating to priorities and considerations in assigning Corps personnel, replacing some such provisions with similarly worded provisions. Sets forth the exclusive factors the Secretary may consider in determining the areas with the greatest shortages. Requires annual publication in the Federal Register of a list of areas that are to be given priority in the assignment of Corps members and, for FY 1991, a list of entities authorized to receive assignments of Corps members. Replaces provisions relating to grants and contracts for programs respecting preparation for practice of individuals subject to a service obligation with provisions: (1) concerning consideration of characteristics of Corps members in making assignments; (2) requiring certain types of counseling of Corps members; (3) requiring assistance to Corps members in establishing local professional relationships; (4) directing the Secretary to provide assistance regarding temporary relief from Corps duties in order to pursue continuing education or other interests, including vacations; and (5) directing the Secretary to carry out activities to determine the characteristics of health professionals who are more likely to remain in shortage areas after completion of Corps service, and to determine the appropriate conditions for the assignment of certified nurse practitioners, certified nurse midwives, and physician assistants. Authorizes appropriations. Title II: Scholarship and Loan Repayment Programs of National Health Service Corps - Replaces measures providing for the establishment of the National Health Service Corps Scholarship Program with similar provisions directing the Secretary to establish such a Scholarship Program to assure, with respect to primary health services, an adequate supply of health professionals. (Current law makes no reference to primary health services.) Requires that an agreement to work as a provider of primary health services in a shortage area (currently, an agreement to work in a shortage area) be a part of the scholarship contract. Alters the priorities in providing contracts under the Scholarship Program to include an individual with characteristics that increase the probability that the individual will continue to serve in a shortage area after completion of obligated service. Changes the required contents of an annual report mandated by current law regarding the Scholarship Program. Replaces measures providing for the establishment of the National Health Service Corps Loan Repayment Program with similar provisions directing the Secretary to establish such a Loan Repayment Program to assure, with respect to the provision of primary health services, an adequate supply of health professionals. (Current law makes no reference to primary health services.) Requires that an agreement to work as a provider of primary health services in a shortage area (currently, an agreement to work in a shortage area) be a part of the loan repayment contract. Changes eligibility procedures for the Loan Repayment Program. Replaces provisions governing priorities in providing loan repayment contracts with provisions directing the Secretary to give priority to an individual who has characteristics that increase the probability that the individual will continue to serve in a shortage area after completion of obligated service. Increases the limit on the amount the Secretary may pay for each year of obligated service. Removes provisions allowing fulfillment of a service obligation in the Indian Health Service or in a program or facility operated by a tribe or a tribal organization. Requires (currently, allows) the Secretary to pay all (currently, part or all) of any increase in Federal income tax liability of an individual which arises as a result of the loan repayments. Changes the required contents of an annual report mandated by current law regarding the Loan Repayment Program. Requires that an annual report concerning the Scholarship Program and the Loan Repayment Program cover the next five years rather than the next three years. Authorizes appropriations, requiring set-asides in certain percentages for new applicants and for applicants in specified fields. Title III: State Offices of Rural Health - Authorizes the Secretary, through the Director of the Office of Rural Health Policy, to make grants to States for improving health care in rural areas through the operation of State offices of rural health. Requires recipient States to agree that such office will be provided with a minimum annual budget. Authorizes appropriations. Prohibits making grants under this program after the aggregate amounts appropriated reach a specified level. Title IV: General Provisions - Specifies the effective dates of provisions of this Act.
United States · United States Congress · 4 April 1990
Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to provide that the definition of "owner or operator" (for purposes of liability) does not include: (1) a designated lending institution which acquires control of a facility pursuant to the terms of a security interest held by the person in such facility or in connection with a lease subject to Federal or State banking authorities; (2) a corporate fiduciary which operates or has legal title to a facility pursuant to the terms of an estate or trust; (3) an individual or institution that serves as an indenture trustee and acquires control of a facility as the result of default on a financing document between the trustee and the issuing entity; and (4) an individual fiduciary who has legal title to a facility for purposes of administering an estate or trust.
United States · United States Congress · 4 April 1990
Rural Nursing Incentive Act of 1990 - Amends title XVIII (Medicare) of the Social Security Act to provide direct coverage under part B (Supplementary Medical Insurance) of the Medicare program of nurse practitioner or clinical nurse specialist services furnished in rural areas. Sets the Medicare payment for such services at 80 percent of the lesser of the actual charge or the prevailing charge that would have been recognized had the services been performed by a physician. Requires that such payments be made on an assignment-related basis.
United States · United States Congress · 4 April 1990
Medicare Physician Regulation Relief Amendments of 1990 - Amends title XVIII (Medicare) of the Social Security Act to require carriers and peer review organizations to release the medical review screen or the associated screening parameter to a physician before notifying such physician that payment for his or her service has been denied. Permits Medicare reimbursement of a patient's regular physician for services provided to such patient by another physician who occasionally covers for the regular physician. Requires Medicare carriers to provide physicians, upon request and without charge, with carrier-generated information which physicians need to submit a payment claim or respond to a carrier inquiry. Allows a medical society or other professional organization representing physicians to represent a group or class of physicians in Medicare payment determinations, reconsiderations, or appeals. Directs the Secretary of Health and Human Services to appoint, based on nominations submitted by national medical organizations representing physicians, a Practicing Physicians Advisory Council with which the Secretary must consult concerning changes in the Medicare program and proposed changes in regulations and carrier operation policies.
United States · United States Congress · 4 April 1990
Rural Hospital Payment Equity Act of 1990 - Amends title XVIII (Medicare) of the Social Security Act to equalize average standardized Medicare payments for urban and rural hospitals. Requires the Security of Health and Human Services to collect data on compensation and paid hours of employment for hospital employees in various occupational categories and use such data to establish a professional and non-professional occupational component for each area wage index used in reimbursing hospitals for wage-related costs. Directs the Secretary to develop a legislative proposal allowing for the adjustment of a rural hospital's wage index by substituting the professional occupational component of the wage index used in the nearest metropolitan area for the professional occupational component that would otherwise apply to such rural hospital's area wage index.
United States · United States Congress · 4 April 1990
Textile, Apparel, and Footwear Trade Act of 1990 - Limits the 1990 imports of textiles and textile products classified under a category to an amount equal to 101 percent of the total 1989 imports classified under such category. Limits the 1990 imports of nonrubber footwear classified under a nonrubber footwear category to an amount equal to: (1) the total 1989 imports of nonrubber footwear classified under such category; and (2) in the case of high priced nonrubber footwear, the total 1989 imports of high priced nonrubber footwear classified under such category. Provides for a one-percent annual growth in the amount of permitted imports of textiles and textile products after 1990. Exempts from the limitations imposed under this Act imports of textiles and textile products from U.S. possessions if such articles are exempt from duty under the Harmonized Tariff Schedule of the United States and are manufactured by U.S. citizens, nationals, or permanent residents of such a possession. Limits the imports of certain sweaters made in Guam to a specified amount during FY 1990 and to such amount increased by one percent per year in subsequent years. Declares such limitations shall not apply to Canada or Israel. Sets forth limitations on the amount of textile and textile products, classified under certain import categories, which may be imported from beneficiary countries under the Caribbean Basin Initiative. Authorizes the President to: (1) enter into trade agreements to grant new concessions as compensation to the extent required under U.S. trade agreements for the import limits imposed by this Act; and (2) proclaim such modification or continuance of any existing duty on textiles and textile products and on nonrubber footwear as necessary to carry out such agreements. Prohibits the President from reducing any rate of duty by more than ten percent. Requires the President, before entering into such trade agreements, to consider whether a country has violated trade concessions of benefit to the United States and the violation has not been adequately offset. Sets forth requirements governing staged rate reductions in the tariffs of articles affected by this Act. Prohibits the President, except as authorized by this Act, from entering into trade negotiations with any country with respect to duties on textiles, textile products, and nonrubber footwear. Prohibits the President, except as provided in this Act, from decreasing or proposing a decrease in any such duty by any means, including an implementing bill or a proclamation. Requires the President to report annually to the Congress on the administration of this Act. Requires the Secretary of Commerce, ten years after enactment of this Act, to study and report to the Congress on its operation. Requires the Secretary of the Treasury to establish a pilot program for the issuance and sale to U.S. companies at public auction of import licenses applicable to categories of textiles. Terminates such licensing program on December 31, 1991, and requires a report to the Congress on its administration.
United States · United States Congress · 14 March 1990
Rural Health Improvement Act of 1990 - Title I: Tax Provisions - Amends the Internal Revenue Code to provide tax credits to physicians, physician assistants, and nurse practitioners for the first five years of their practice in a rural area. Excludes from gross income any payments made on behalf of a taxpayer by the National Health Service Corps Loan Repayment program. Permits physicians to expend up to $25,000 annually for the purchase of basic equipment used in providing primary care services in rural areas. Title II: Public Health Service Provisions - Amends the Public Health Service Act to include disadvantaged individuals and minorities and individuals living in, or intending to serve, medically underserved areas among the priority clientele of the National Health Service Corps Scholarship and Loan Repayment programs. Increases the amount of coverage authorized under the Loan Repayment program. Increases funding for area health education centers. Targets Public Health Service funds to county health departments for preventive health services. Title III: Social Security Provisions - Amends title XVIII (Medicare) of the Social Security Act to provide for: (1) the elimination, by January 1, 1991, of separate average standardized Medicare payments for large urban, other urban, and rural hospitals; and (2) full implementation, by January 1, 1992, of a resource-based relative value scale for determining Medicare payments to physicians. Covers nurse practitioner services furnished in rural areas. Establishes uniform national payment rates for certified registered nurse anesthetist services. Permits physician assistants to provide Medicare-covered services in rural areas without regard to whether such areas are manpower shortage areas. Title IV: Miscellaneous Provisions - Waives the application of antitrust laws against rural hospitals which engage in joint activities that include, purchasing, contracting for specified services, and the sharing of personnel. Directs the Secretary of Health and Human Services to determine which Medicare regulations affecting rural hospitals could be made less burdensome without diminishing the quality of care such hospitals provide to Medicare beneficiaries.
![Official portrait of Rep. Coleman, E. Thomas [R-MO-6]](https://www.congress.gov/img/member/c000618_200.jpg)