United States · United States Congress · 1 May 1990
Constitutional Amendment - Declares that the Congress and the States shall have power to prohibit the act of physical desecration of the U.S. flag and to set criminal penalties for such act.
United States · United States Congress · 26 April 1990
Directs the President to report to the Congress on whether the Government of India is preventing human rights organizations from visiting India to monitor human rights conditions. Terminates development assistance to India (except for assistance for specified health projects) if the President reports that the Government of India is implementing such policy. Provides for the resumption of assistance to India if the President reports to the Congress that India is no longer implementing such policy.
United States · United States Congress · 26 April 1990
Comprehensive American Wetlands Act of 1990 - Establishes a comprehensive system for the identification, valuation, preservation, and compensation to the owners of U.S. wetlands, and for providing tax incentives for transfers of wetlands to governments and other specified entities. Makes this Act inapplicable to any coastal wetlands in the United States or to any wetlands in the State of Alaska. Title I: Wetland Preservation - Directs the Soil Conservation Service (SCS) to conduct an inventory to locate, delineate, and determine the special wetland value of all U.S. wetlands subject to this Act. Directs the SCS, upon determining that certain lands may have special wetland value, to refer such determination to: (1) the U.S. Fish and Wildlife Service for determinations relating to wildlife habitat; (2) the Army Corps of Engineers for determinations relating to flood control (except lands eligible for certain small watershed projects, for which the SCS will make the determinations); (3) the Geological Survey for determinations relating to aquifer recharge; (4) the SCS for determinations relating to sedimentation discharge; and (5) the Environmental Protection Agency (EPA) for determinations relating to water quality. Directs the Cooperative Extension Service for each State to identify practices exempted from regulations under specified provisions of the Federal Water Pollution Control Act (FWPCA), taking into account existing practices and developing additional practices in consultation with the affected industry or community. Amends the FWPCA to include a similar exemption, with respect to certain areas of navigable waters, for normal crop rotation practices, activities generally acceptable within the agricultural community, or new technology activities proper in the industry or community, as established by the State Cooperative Extension Service. Requires that a list of exempted practices and activities be filed with the EPA Administrator, who shall publish the list as a proposed rule. Directs the EPA Administrator to identify the specific activities and practices for each State exempted by regulation. Requires mitigation as a condition for conversion of wetlands. Requires such mitigation to be, to the extent practicable, a restoration within the same environmental system of the special wetland values converted. Directs the Federal agency that determined the special value of the wetlands to determine the amount of mitigation, in consultation with the affected party. Limits such amount to not more than the following ratios of acreage restored to acreage converted: (1) one to one, for "nonconverted" wetlands; (2) two to one, plus preserving or enhancing in the same environmental system the special wetland values lost, for "special nonconverted" wetlands; and (3) five to one, plus such preservation or enhancement of those values, for "natural" wetlands. Exempts "prior converted" and certain small acreage wetlands from such mitigation requirements. Provides for consideration of construction of artificial wetlands as a mitigating factor. Establishes a wetlands conservation conveyance program. Authorizes the Secretary of the Interior to acquire lands from a willing seller by purchase or exchange, to provide for wetlands conservation. Authorizes the Secretary to transfer such lands to appropriate Federal agencies and contract with States for their management. Authorizes appropriations. Directs the Secretary of the Interior to evaluate wetlands within any lands acquired by the United States to determine if special wetland values are present and, if so, to administer such lands if practicable. Amends the Food Security Act of 1985 to authorize the Secretary of Agriculture to include in the agricultural conservation reserve program lands that are not highly erodible but that are wetlands. Limits to 10,000,000 acres the wetlands that may be enrolled in such program. Requires the Secretary, during the 1991 through 1995 crop years, to only enroll wetlands in such program. Amends the Agricultural Act of 1949 to revise conservation reserve credits for wheat, feed grains, cotton, and rice acreage. Allows any reduced, set-aside, or additional diverted cropland acreage to be devoted to water storage in compliance with an established conservation plan approved by the SCS. Doubles such credit for non-converted wetlands, and triples it for prior converted wetlands. Amends the Food Security Act of 1985 to revise the wetland conservation program with respect to determinations of ineligibility for specified Federal program loans, payments, and benefits for persons who produce agricultural commodities on converted wetland. Allows an exemption from the ineligibility penalty if: (1) an agricultural commodity was produced on converted wetlands as a natural result of a project found to be in the public interest, unless such lands were not used for agriculture before December 23, 1985; or (2) mitigation is carried out in accordance with this Act. Allows persons found to be ineligible appeal to the State Committee of the Agriculture and Soil Conservation Service. Authorizes the State Committee to modify the ineligibility determination after considering specified specified factors. Sets forth procedures for administrative appeals of decisions made under this Act and specified FWPCA provisions relating to wetlands. Directs the EPA Administrator to establish a National Appeals Division for hearing and determining appeals of decisions by employees of the EPA, the U.S. Fish and Wildlife Service, and the Army Corps of Engineers. Title II: Tax Treatment for Certain Transactions Relating to Wetlands - Amends the Internal Revenue Code to increase the charitable contribution base for contributions of wetlands. Grants a capital gains preference for certain sales and exchanges of wetlands by individuals. Allows a specified deduction of capital gains on certain sales and exchanges of wetlands to specified governmental units or any other organization approved by the Secretary of the Interior as a proper custodian of lands with wetland values. Sets forth a special rule for estates and trusts. Disallows such deduction in determining alternative minimum taxable income. Allows amortization of certain expenditures for restoring wetlands.
United States · United States Congress · 24 April 1990
Authorizes and requests the President to designate May 26, 1990, to commemorate the bicentennial of "An Act for the government of the territory of the United States, south of the river Ohio" (from which Tennessee was formed).
United States · United States Congress · 19 April 1990
Loans to One Borrower Transition Rule Act of 1990 - Amends the Home Owners' Loan Act to establish a transition period during which specified limits apply to total loans and credit extensions offered by savings associations to any one borrower. Requires the Director of the Office of Thrift Supervision to prescribe regulations to implement this Act.
United States · United States Congress · 19 April 1990
Affordable Housing for Young Americans Act - Amends the Internal Revenue Code to permit penalty-free withdrawals from individual retirement plans for first-time home purchases by taxpayers, their children, or their grandchildren.
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
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 · 3 April 1990
Directs the Secretary of the Army to convey to the University of Utah all Federal rights and interest in certain portions of property comprising Fort Douglas, Utah, subject to certain conditions. Retains a Federal reversionary interest in such property if the University uses it for other than educational or research purposes.
United States · United States Congress · 3 April 1990
Amends rule XI of the Rules of the House of Representatives to require that each committee report accompanying a public bill or joint resolution contain a statement setting forth the estimated cost incurred by each taxpayer in carrying out the measure for the first three fiscal years of its enactment.
United States · United States Congress · 29 March 1990
Language of Government Act of 1990 - Declares English to be the official language of the U.S. Government. States that the Government has an affirmative obligation to preserve and enhance the role of English as the official language. Prohibits anyone from being denied Government services because they communicate in English. Prohibits a Government entity from making or enforcing an official act requiring the use of a language other than English. Deems anyone discriminated against for communicating in English to have been discriminated against on the basis of national origin. Makes available to a person so discriminated against all lawful remedies available under the Civil Rights Act of 1964.
United States · United States Congress · 22 March 1990
Tourism Policy and Export Promotion Act of 1990 - Declares it to be the national goal to increase U.S. export earnings from U.S. tourism and transportation services with an eye toward: (1) the elimination of the travel and tourism export deficit of the United States and the U.S trade deficit; and (2) the achievement of a travel and tourism export surplus. Amends the Trade Act of 1974 to require the United States Trade Representative (USTR) to identify foreign trade barriers to U.S. travel and tourism. Requires the USTR to submit the National Trade Estimate to the President and the Senate Committees on Finance and Commerce, Science, and Transportation. Amends the International Trade Act of 1961 to require each annual tourism trade development plan to focus on those countries in which tourism trade development has the greatest potential for increasing travel and tourism export revenues. Declares that the Congress finds that increased efforts directed at the promotion of rural tourism will contribute to the economic development of rural America. Establishes the Rural Tourism Foundation. Authorizes appropriations.
United States · United States Congress · 15 March 1990
Authorizes any State in which more than 25 percent of the land is federally-owned to disapprove the designation of wilderness areas in such State. Authorizes the Congress to override such disapproval by joint resolution.
United States · United States Congress · 15 March 1990
Amends the Food Security Act of 1985 to extend the conservation reserve program through crop year 1995. Makes converted wetlands and surrounding uplands eligible for the program.
United States · United States Congress · 15 March 1990
Amends the Internal Revenue Code to increase the excise tax on cigarettes. Allows a credit against such tax or refund to a cigarette manufacturer or importer of a portion of State and local sales taxes on their retail sale. Provides a tax deduction for health insurance costs to employees whose employer does not offer subsidized health insurance.
United States · United States Congress · 14 March 1990
Financial Incentives Going to Help Towns Fighting Drugs Act - Amends the Internal Revenue Code to allow taxpayers to designate that one dollar of their tax liability be paid to the Local Anti-Drug Program Trust Fund. Establishes such Fund for grants to counties for: (1) law enforcement activities regarding drug-related crimes; (2) education, prevention, treatment, and rehabilitation programs regarding drug abuse; and (3) grants to units of general local government.
United States · United States Congress · 14 March 1990
Requires the Clerk of the House of Representatives to provide a telecommunications device for the deaf in the office of each Member of the House of Representatives.
United States · United States Congress · 13 March 1990
State and Local Multiobjective River Corridor Assistance Act of 1989 - Amends the Outdoor Recreation Act of 1963 to direct the President to establish a Multiobjective River Corridor Council which shall: (1) review Federal policies and programs affecting rivers and river corridors and make recommendations to improve their effectiveness; and (2) develop Federal guidelines for multiobjective river corridor efforts in planning, coordination, and management. Authorizes the Secretary of the Interior, acting through the National Park Service's Rivers and Trails Technical Assistance Program, to provide matching grants and technical assistance to State, local, and regional government agencies and nonprofit organizations to develop comprehensive multiobjective plans for rivers and their adjacent lands. Specifies types of projects to be funded under this Act. Requires the Council to create a National River Register recognizing rivers which exemplify multiobjective river corridor values. Directs Federal agencies with membership in the Council to provide technical assistance to State and local governments and nonprofit organizations in the preparation of multiobjective river plans. Requires the Secretary of Agriculture, as part of the outdoor recreation component of the Resources Planning Act assessment, to collect information from demonstration projects funded under this Act and develop a geographic information system. Requires each member agency to consider the concerns of private landowners in implementing river corridor programs. Declares that the Congress shall consider recommendations of the Council to establish a national clearinghouse for multiobjective river corridor planning and management information. Authorizes appropriations.
United States · United States Congress · 13 March 1990
Affordable Housing and First Home Buyer Assistance Act of 1990 - Title I: First Home Ownership Accounts - Amends the Internal Revenue Code of 1986 to permit a personal deduction for specified contributions to a first home ownership account. Treats such account as an individual retirement account upon a first home purchase. Title II: Repeal of Taxation of Gain on Sale of Principal Residence - Amends the Internal Revenue Code of 1986 to repeal the taxation of gain on the sale of a principal residence. Title III: Mortgage Bonds and Credit Certificates - Amends the Internal Revenue Code to extend through 1993 the issue period for qualified mortgage bonds. Title IV: Mortgage Insurance - Amends the National Housing Act with regard to adjustable rate single family mortgages to: (1) increase maximum interest adjustments; and (2) repeal the aggregate fiscal year limit on such insured mortgages and loans. Authorizes a first-time homebuyer downpayment insurance demonstration program. Amends the Federal National Mortgage Association Charter Act to provide a secondary market for downpayment loans. Amends the National Housing Act to authorize insurance for downpayment loans. Amends the National Housing Act to establish minimum Mutual Mortgage Insurance Fund reserves. Title V: Study Regarding Shared Equity Reserves - Directs the Secretary to study and report to the Congress on shared equity mortgages for first-time homebuyers. Authorizes appropriations.
United States · United States Congress · 6 March 1990
National Undesirable Plant Management Act of 1990 - Amends the Federal Noxious Weed Act of 1974 to require each Federal agency to develop a program in cooperation with State agencies to control undesirable plants on Federal lands.
United States · United States Congress · 6 March 1990
Designates the week of July 22 to July 29, 1990, as National Week of Recognition and Remembrance for Those Who Served in the Korean War. Authorizes and requests the President to urge that the American flag be flown at half staff on July 27, 1990, in honor of those Americans who died as a result of their service in Korea.
United States · United States Congress · 5 March 1990
Designates April 6, 1990, the 88th birthday of Rabbi Menachem Mendel Schneerson, as Education Day, U.S.A. Calls on heads of state of the world to join the President of the United States in this tribute by signing scrolls of honor commemorating the 40th anniversary of Schneerson's leadership of the Lubavitch movement. Welcomes the cooperation of the Department of State in extending the good office of the U.S. missions to the Lubavitcher emissaries.
United States · United States Congress · 27 February 1990
Student Loan Default Reduction Amendments of 1990 - Amends the Higher Education Act of 1965 with respect to reduction of student loan defaults. Requires provision for graduated repayment of student loans under federally insured student loans and the insurance program under the guaranteed student (or Stafford) loan program. Restricts certain institutional promotional activities. Sets forth wage garnishment requirements for collection of student loan repayments. Requires that students admitted on the basis of ability to benefit pass certain tests prior to enrollment. Requires eligible institutions participating in student loan and assistance programs to have certain tuition refund policies.
United States · United States Congress · 22 February 1990
National Drug and Crime Emergency Act - Declares a National Drug and Crime Emergency for a five-year period, during which time it shall be U.S. policy that: (1) every person convicted in a Federal court of a crime of violence against a person or a drug trafficking felony (other than simple possession) shall serve no less than five years' imprisonment without release; (2) prisoners may be housed in tents and other temporary facilities; and (3) the Federal courts may limit the inmate population of a Federal or State prison or jail only when an inmate proves that crowding has resulted in cruel and unusual punishment and no other remedy exists. Title I: Elimination of Crime Without Punishment - Subtitle A: National Drug and Crime Emergency Policies - Amends the Federal criminal code to prohibit the Federal courts, during such emergency, from: (1) holding prison crowding unconstitutional under the Eighth Amendment except to the extent that an individual plaintiff inmate proves that the crowding causes the infliction of cruel and unusual punishment; and (2) placing an inmate ceiling on any Federal, State, or local detention facility as an equitable measure for conditions that violate the Eighth Amendment unless crowding itself is inflicting cruel and unusual punishment on individual prisoners. Requires that each Federal court order seeking to remedy an Eighth Amendment violation be reopened at the behest of a defendant for recommended alteration at a minimum of two-year intervals. Applies this title to all outstanding court orders on the date of enactment of this Act. Permits any State or municipality to seek modification of any outstanding Eighth Amendment decree pursuant to this Act. Directs the Attorney General to take steps, consistent with security considerations, to ensure that sufficient facilities exist to house individuals whom the courts have ordered incarcerated, including consideration of tent housing or other shelters placed on available military bases and at other locations. Authorizes the President to direct the National Guard and the Army Corps of Engineers to design and construct temporary detention facilities. Requires: (1) the Secretary of Defense, the Commission on Alternative Utilization of Military Facilities, and the Director of the Bureau of Prisons to identify suitable military installations and examine the feasibility of using tent housing; and (2) the Director to report to the Congress within 90 days. Amends the Defense Authorization Amendments and Base Closure and Realignment Act to require the Secretary to notify the Attorney General and the Governor of each of the U.S. territories and possessions (currently, all departments and instrumentalities within the Department of Defense (DOD)) of the availability of any real property or facility located at a military installation to be closed. Authorizes the transfer of such property to the Attorney General, a State, territory, or possession, or the District of Columbia for use as a correctional institution. Requires the Director to: (1) review current construction standards and methods used in building Federal prisons; (2) examine and recommend cost cutting measures that could be employed in prison construction; and (3) submit the results to the Congress. Authorizes the Attorney General to contract for private construction and operation of Federal prisons. Requires the use of creative and cost-effective private financing alternatives and private prison construction and operation where possible. Specifies that operating costs of privately-operated prisons shall be covered through rent charged to Government units placing inmates in prisons. Requires the Administrator of the General Services Administration to identify at least 20 parcels of surplus Federal property which the Attorney General has certified are not needed for Federal correctional facilities but which may be suitable for State or local correctional facilities. Makes property determined to be in excess of Federal needs that may be suitable for use as correctional facilities available during such Emergency to the Attorney General, or secondarily, to a State, the District of Columbia, or a local government. Permits State and local governments to use Federal temporary incarceration facilities, when they are not needed to accommodate Federal prisoners, for incarcerating prisoners at a per diem fee payable to the Bureau of Prisons. Requires every person who, during the Emergency, is convicted in Federal court of committing a crime of violence against a person or a drug trafficking crime (other than simple possession), to be sentenced to and serve no less than five years' imprisonment. Prohibits any such person from being released from custody for any reason prior to completion of the sentence unless the sentence imposed is greater than five years and is not a mandatory minimum sentence without release. Subtitle B: Imposition of Mandatory Minimum Sentences Without Release - Amends the Federal criminal code to establish the following penalties for offenses committed during and in relation to any crime of violence or drug trafficking crime, in addition to the punishment provided for such crime. Provides that whoever: (1) possesses a firearm shall be sentenced to imprisonment for ten years without release; (2) discharges a firearm with intent to injure another person shall be sentenced to imprisonment for 20 years without release; or (3) possesses a firearm that is a machinegun or is equipped with a firearm silencer or muffler shall be sentenced to imprisonment for 30 years without release. Sets penalties for second, third, and subsequent convictions. Prohibits the release of any person convicted for any reason during a term of imprisonment imposed under this subtitle. Amends the Controlled Substances Act (CSA) to: (1) mandate life imprisonment without release for individuals convicted after two or more felony drug offenses or for a crime of violence; (2) increase the sentences for distributing illegal drugs to persons under age 21 and for employing persons under 18 years of age in drug operations to up to ten years without release for a first offense and up to 20 years without release for a second offense. Prohibits the court from placing such persons on probation or suspending the sentence. Prohibits their release during the term of the sentence. Increases prison sentences for trafficking in marihuana and specified categories of controlled substances. Establishes mandatory sentences, in addition to any other sentence imposed for the underlying possession or distribution, of: (1) one year imprisonment without release in a case involving possession of a controlled substance within a Federal prison or other Federal detention facility; and (2) ten years without release in a case involving the smuggling of a controlled substance within such prison or facility. Prohibits the court from placing such individuals on probation or suspending the sentence. Prohibits such person from being eligible for parole during such term of imprisonment. Amends the Immigration and Nationality Act to: (1) require the deportation of aliens convicted of drug trafficking crimes or crimes of violence; and (2) increase the penalty (currently, 15 years for individuals whose deportation was subsequent to certain felony convictions) to 20 years without release, and to life imprisonment without release for a second violation, without probation, suspension of sentence, or early release, for reentry of a deported alien whose deportation was subsequent to a conviction for a drug trafficking crime or crime of violence. Grants priority for Federal drug law enforcement assistance funds from Bureau of Justice Assistance (BJA) Grant Programs to States having laws providing for mandatory minimum sentences, elimination of early release, and payment of trial costs and mandatory fines by individuals convicted of specified controlled substance violations. Revises the formula for determining the amount distributed from the Drug Control and System Improvement Grant Program. Subtitle C: Mandatory Work Requirements for Prisoners, Withholding Federal Benefits, and Drug Testing of Prisoners - Expresses Federal policy that: (1) prisoners shall work absent medical certification of 100 percent disability, security considerations, or disciplinary action; and (2) States and local governments have the same authority to require all convicted prisoners to work. Provides for the deposit in a separate fund in the Treasury of funds generated from prison labor for prison construction and operating expenses or payment of judgments. Specifies that prisoners shall be paid a share of funds generated by their labor. Repeals provisions establishing penalties for transportation or importation of prison-made goods. Authorizes the Federal Prison Industries to sell such goods to the public. Amends the Walsh-Healy Act to permit convict labor under specified conditions. Requires the Attorney General to submit to the Congress a report making recommendations for legislation to: (1) ensure that businesses and labor do not suffer unfair consequences from such repeal; and (2) encourage greater private sector participation in prison industries. Authorizes the Attorney General to enter into contracts with private businesses for the use of inmate skills that may be of commercial use to such businesses. Sets forth provisions with respect to security requirements involved in the use of convict labor. Provides for the withholding of prisoners' Federal benefits to offset incarceration costs. Directs the Attorney General to establish a program of drug testing of targeted classes of arrestees, prisoners, and persons on release. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to bar Federal funding under the drug control and system improvement grant program for States failing to have an analogous State program. Subtitle D: Judicial Reform to Protect the Innocent and Punish the Guilty - Specifies that: (1) evidence obtained as a result of a search or seizure shall not be excluded in any Federal court proceeding on the ground that the search or seizure was in violation of the Fourth Amendment, if the search or seizure was carried out in circumstances justifying an objectively reasonable belief that it was in conformity with the Fourth Amendment; and (2) the fact that evidence was obtained pursuant to and within the scope of a warrant constitutes prima facie evidence of the existence of such circumstances. Prohibits the exclusion of evidence in any Federal court proceeding on the ground that it was obtained in violation of a statute, administrative rule or regulation, or rule of procedure unless exclusion is expressly authorized by statute or by Supreme Court rule. Amends the Federal judicial code to condition consideration of a habeas corpus claim by a State prisoner on a showing of actual prejudice resulting from the denial of a Federal right, and that: (1) State action precluded assertion of the right; (2) the Federal right asserted was newly recognized; or (3) the factual basis of the claim could not have been discovered through the exercise of reasonable diligence prior to the procedural default. 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. Amends the CSA to require: (1) the court, prior to sentencing on a conviction in a Federal court of a felony under such Act, to compile a list of assets owned by the defendant not subject to forfeiture; and (2) upon request of the Attorney General, the court to direct the defendant to provide proof that any asset owned by the defendant not on such list was legally obtained. Authorizes the Attorney General to seize assets that the defendant does not prove were legally obtained. Requires the proceeds from such assets to be deposited in the Department of Justice Assets Forfeiture Fund and to be available for transfer to the building and facilities account of the Federal prison system. Sets forth provisions regarding the term of appointment, authority, and jurisdiction of special masters. Requires the Administrative Office of the United States Courts to publish annually a report on the sentencing patterns of Federal judges. Title II: Achieving a Drug-Free America by 1995 - Requires individuals convicted of a CSA violation of possession of a controlled substance to pay to the Treasury the cost of the trial or, where defendant has insufficient income and property, an appropriate amount as determined by the court. Limits such payment to 25 percent of such person's annual income. Provides for mandatory fines of at least ten percent of income for a first offense and 25 percent for subsequent offenses. Subjects such person's property to forfeiture where there is insufficient income to pay such fines. Amends the Anti-Drug Abuse Act of 1988 to eliminate the judge's discretion in making individuals convicted of State offenses for the distribution of controlled substances ineligible for unearned Federal benefits, with exceptions for persons who: (1) declare and show by clear and convincing (currently, a reasonable body of) evidence that they are addicts and submit to long-term treatment; or (2) are determined to be rehabilitated. Makes similar changes with respect to individuals convicted of Federal or State drug possession offenses. Authorizes the court to reduce the period of ineligibility for such benefits to three months if the individual: (1) successfully completes a supervised drug rehabilitation program which includes periodic, random drug testing; or (2) completes a period of community service and passes such testing. Grants priority for Federal drug law enforcement assistance funds from BJA Grant Programs to States having laws providing for revocation of drivers' licenses for individuals convicted of specified controlled substances violations. Revises the formula for determining the amount distributed from the Drug Control and System Improvement Grant Program to reduce allocations to States which do not have such laws. Sets forth conditions for reinstatement. Requires the Secretary of Transportation to cause the Federal Aviation Administration to amend its regulations to revoke pilots' licenses for such violations. Amends the Public Health Service Act to make a State's receipt of Federal drug abuse allotments contingent upon the State submitting: (1) Statewide Drug Treatment Plan annually that meets certain specifications; and (2) periodic progress reports. Amends the Higher Education Act of 1965 to bar institutions of higher education from eligibility for Federal assistance unless they certify that they have adopted and implemented an alcohol and drug abuse prevention program for students and employees meeting specified requirements. Amends the Drug-Free Schools and Communities Act of 1986 to bar local educational agencies from eligibility for Federal assistance unless they make a similar certification. Transportation Employee Testing Act - Amends the Federal Aviation Act of 1958 to require the Administrator of the Federal Aviation Administration to: (1) establish a program requiring foreign and domestic air carriers to conduct preemployment, reasonable suspicion, random, and post-accident testing for illegal drug and alcohol use of air carrier personnel responsible for safety-sensitive functions and providing for periodic recurring testing of such employees; and (2) require the suspension or revocation of any certification issued to such person, or disqualification or dismissal, where such illegal drug or alcohol use has been confirmed. Bars air carrier personnel responsible for safety-sensitive functions from serving in such positions without having completed a rehabilitation program. Requires the Administrator to prescribe regulations for such programs which: (1) provide for the identification and opportunity for treatment of employees needing assistance; (2) specify the circumstances under which such employees shall be required to participate; (3) promote individual privacy in the collection of specimen samples; and (4) with respect to laboratories and testing procedures, incorporate Department of Health and Human Services scientific and technical guidelines intended to assure accuracy, confidentiality, and nondiscriminatory methods. Directs the Secretary of State and the Secretary of Transportation to jointly call upon member countries of the International Civil Aviation Organization to strengthen and enforce existing standards to prohibit illegal drug and alcohol use by crewmembers in international civil aviation. Amends the Federal Railroad Safety Act of 1970, the Commercial Motor Vehicle Safety Act (CMVSA), and the Urban Mass Transportation Act of 1964 to establish programs similar to the Federal Aviation Act program for drug and alcohol testing. Provides for a pilot program, under the CMVSA, for the random testing of commercial motor vehicle operators and requires the Secretary to report on the results to the Congress. Makes funds from the Surface Transportation Assistance Act of 1982 available for the CMVSA program. Requires the Secretary to determine appropriate sanctions for mass transportation vehicle operators who are determined to have used alcohol or controlled substances in violation of law or Federal regulation but who are not under the influence of such substances. Amends the Federal judicial code to provide for the payment of awards to persons providing information leading to the arrest and conviction of individuals for the unlawful sale, or possession for sale, of a controlled substance or controlled substance analogue. Title III: Authorization of Appropriations - Authorizes appropriations to carry out this Act.
United States · United States Congress · 22 February 1990
Benjamin Franklin Memorial Fire Service Bill of Rights Act - Title I: Minting of Benjamin Franklin National Memorial Commemorative Coin - Benjamin Franklin National Memorial Commemorative Coin Act - Provides for the sale of Benjamin Franklin commemorative coins at a surcharge of which 25 percent shall be paid to the Benjamin Franklin National Memorial and the remainder be distributed in specified percentages to the National Fire Center and Museum Account, the National Hero Scholarship Account, the Firefighter Tuition Assistance Account, the Hazardous Materials Response Computer Account, the Research and Education Account, and the Burn Research Grant Account of the Firefighter Assistance Trust Fund (Fund). Prohibits the issuance of such coins from resulting in any net cost to the Federal government. Title II: Fire Service Bill of Rights - Fire Service Bill of Rights Act - Amends the Federal Fire Prevention and Control Act of 1974 to establish a fire service bill of rights. Establishes the National Fire Center and Museum in the District of Columbia to provide information about the fire service and safety to the public and fire services. Establishes a National Hero Scholarship to fund the higher education of a child, spouse, or dependent parent of a deceased firefighter. Establishes a scholarship providing tuition assistance to firefighters for higher education in fire safety or protection. Authorizes the Administrator of the United States Fire Administration to use amounts in the Research and Education Account of the Fund to fund other specified programs under the Fire Prevention and Control Act of 1974 and the provision of information concerning surplus Federal property and infectious diseases pursuant to this Act. Establishes the Firefighter Assistance Trust Fund. Places the National Academy for Fire Prevention and Control within the United States Fire Administration. Directs the Administrator to provide States with funds from the Hazardous Materials Response Computer Account of the fund for distribution to local fire services that wish to purchase computer equipment. Directs the Administrator to make a grant from the Burn Research Grant Account of the Fund to one national firefighter's burn foundation dedicated to reducing burn injuries. Requires the Administrator to prepare and make available to fire services, upon request, a manual describing Federal procedures for disposing of surplus property and highlighting how fire services could obtain such property. Directs the Administrator to distribute to such marshals information on the infectious diseases to which firefighters are particularly vulnerable. Permits the Administrator, in certain circumstances, to award to a domestic firm a contract that, under the use of competitive procedures, would be awarded to a foreign firm.
United States · United States Congress · 21 February 1990
National Recreational Trails Fund Act of 1990 - Amends the Internal Revenue Code to establish the National Recreational Trails Trust Fund (Fund). Requires the Secretary of the Treasury to pay into the Fund an amount equivalent to the off-highway recreational trail fuel taxes from the Highway Trust Fund. Requires the Secretary to use such amounts in the Fund to make grants to the States for constructing and maintaining recreational trails. Establishes the National Recreational Trails Act Advisory Committee.
United States · United States Congress · 21 February 1990
Designates October 14, 1990, as Dwight D. Eisenhower Day, commemorating the 100th anniversary of Eisenhower's birth. Requests Members of Congress who are members of the Dwight David Eisenhower Centennial Commission to make arrangements for a joint meeting of the Congress in commemoration of the centennial of the birth of Dwight David Eisenhower.
United States · United States Congress · 7 February 1990
Criminal Procedures Reform Act of 1990 - Title I: Capital Punishment - - 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 espionage, treason, homicide, and the attempted murder of the President. Directs the court, or the jury by unanimous vote, to impose the death penalty upon a finding that such sentence is justified based on consideration of both the aggravating and mitigating factors. Prohibits imposition of the death penalty on any woman while she is pregnant or on any person who was under 18 years of age at the time of the offense or who lacks the mental capacity to understand the death penalty and why it was imposed on that person. Requires the court to instruct the jury not to consider the race, color, religious beliefs, national origin, 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 evidence and 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. Authorizes the court to impose a sentence of life imprisonment without the possibility of release or furlough where life imprisonment is otherwise authorized. Prohibits requiring any employee of any State department of corrections, the Federal Bureau of Prisons, or any provider of services under contract to participate in any execution if contrary to his or her moral or religious convictions. Entitles a defendant who is or becomes financially unable to obtain adequate representation in a Federal criminal case to appointment of counsel at trial and upon direct appeal of the judgment and sentence entered at trial. Provides for the imposition of the death penalty for: (1) murders of foreign officials, official guests, or internationally protected persons; (2) murders committed by prisoners in Federal prisons; (3) hostage takings which result in the death of any person; and (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). Title II: Exclusionary Rule - Declares that the Constitution does not require the exclusion from a criminal trial of evidence: (1) obtained in reasonable reliance on a search warrant issued by a detached and neutral magistrate who was not misled, even though the warrant is ultimately determined to be invalid; (2) the legal discovery of which was inevitable, even though the evidence was discovered through constitutionally invalid means; or (3) for which a source exists that is independent of the source through which evidence was discovered through constitutionally invalid means. Title III: Habeas Corpus - 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 fees and litigation expenses of competent counsel. Sets forth procedures for the appointment of counsel or for allowing a prisoner to proceed pro se. Provides for a mandatory stay of execution during the post-conviction review. 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 by the prisoner in the State or Federal courts and the failure to raise the claim is the result of State action in violation of the Constitution or laws of United States, is the result of Supreme Court recognition of a new Federal right that is retroactively applicable, or is based on a factual predicate that could not have been discovered through the exercise of reasonable diligence; (2) 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; or (3) a stay and consideration of the requested relief are necessary to prevent a miscarriage of justice. 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. Authorizes a district court to refuse to consider a claim under this Act if: (1) the prisoner previously failed to raise the claim in State court at the time and in the manner prescribed by State law; (2) the State courts, for that reason, refused or would refuse to entertain the claim; and (3) such refusal would constitute an adequate and independent State law ground that would foreclose direct review of the State court judgment in the U.S. Supreme Court. Provides an exception to such authorization. Makes the requirement for a certificate of probable cause inapplicable, with an exception. States that a mechanism for the provision of counsel services to indigents sufficient to invoke the provisions of this Act shall provide for counsel to indigents: (1) charged with offenses for which capital punishment is sought; (2) who have been sentenced to death and who seek appellate or collateral review in State court; and (3) who have been sentenced to death and who seek certiorari review in the U.S. Supreme Court. Prescribes minimum qualifications for appointed counsel. Authorizes payment of fees and expenses for investigative, expert, or other services reasonably necessary for the representation of the defendant. Allows the court to fix the compensation to be paid to an attorney appointed under this Act. Specifies which law controls in Federal habeas corpus proceedings.
United States · United States Congress · 7 February 1990
Savings and Economic Growth Act of 1990 - Title I: Capital Gains Provisions - Subtitle A: Reduction in Capital Gains Tax - Amends the Internal Revenue Code to reduce the capital gains rate for noncorporate taxpayers through a deduction of: (1) 30 percent for assets held at least three years; (2) 20 percent for assets held at least two years; and (3) ten percent for assets held at least one year. Provides for the treatment of collectibles as short-term gains or losses (making them ineligible for such deduction). Disallows the capital gains deduction in computing the alternative minimum tax. Subtitle B: Depreciation Recapture - Provides for the treatment of gain from the disposition of certain depreciable realty as ordinary income. Title II: Home Ownership and Savings Incentives - Allows an exemption from the ten-percent additional tax on early distributions from qualified retirement plans up to $10,000, if the distribution is used to make a first-home purchase at a cost of no more than 110 percent of the median home price in the geographic area where the residence is located. Allows an individual (other than a dependent) to establish a family savings account for the exclusive benefit of an individual and the individual's beneficiaries. Limits contributions to such accounts to $2,500 for the taxable year, if the individual's adjusted income does not exceed $60,000 ($120,000 in the case of joint returns). Subjects the family savings account to the tax imposed on unrelated business income of tax-exempt organizations. Provides that distributions paid out of such accounts shall not be included in gross income, except for earnings on contributions held less than seven years. Establishes a ten-percent additional tax on earnings on contributions held less than three years.
![Official portrait of Rep. Hansen, James V. [R-UT-1]](https://www.congress.gov/img/member/h000172_200.jpg)