United States · United States Congress · 20 March 1991
Telecommunications Equipment Research and Manufacturing Competition Act of 1991 - Amends the Communications Act of 1934 to authorize any Bell Telephone Company (BTC), through an affiliate of such company, to manufacture and provide telecommunications equipment, except that no BTC may engage in such manufacturing with an unaffiliated BTC or affiliates thereof. Allows such manufacturing or provision to be conducted only through an affiliate that is separate from any BTC. Requires the Federal Communications Commission (FCC) to prescribe regulations to ensure that: (1) such manufacturing affiliate maintains separate accounts and records from its affiliated BTC which identify all financial transactions with the BTC; (2) neither a BTC nor any of its non-manufacturing affiliates carry out sales, advertising, installation, production, or maintenance operations for a manufacturing affiliate, except under specified conditions, such manufacturing affiliate conducts all of its manufacturing activity within the United States and uses component parts manufactured in the United States unless specified requirements regarding good faith efforts to obtain such component parts in the United States and domestic content are met; (3) such affiliate incurs debt entirely separate from and without recourse against the affiliated BTC; (4) such affiliate shall not be required to operate separately from any other affiliates of its BTC; (5) if an affiliate of a BTC becomes affiliated with a manufacturing entity, it shall be treated as a manufacturing affiliate of the BTC; (6) such affiliate shall make available any telecommunications equipment manufactured by such affiliate to any purchasing carrier, so long as each such purchaser does not manufacture such equipment or agrees to make available to the BTC or any of its affiliates any telecommunications equipment manufactured by such purchasing carrier or any of its affiliates for use with the public telecommunications network by such carrier or any of its affiliates; and (7) such affiliate shall not discontinue or restrict sales to other local exchange telephone companies of any telecommunications equipment until arrangements are made to provide to them the specifications, plans, and tools to allow them to arrange for the manufacture of such equipment by another entity. Directs the FCC to require that each BTC maintain and file with the FCC complete information with respect to the protocols and technical requirements for connections with and use of its telephone exchange service facilities. Prohibits a BTC from disclosing any such information to its affiliates unless such information is immediately so filed. Requires any two or more carriers providing regulated telephone exchange service in the same area to notify each other of the deployment of telecommunications equipment. Requires the FCC to ensure that manufacturers in competition with a BTC's manufacturing affiliate have access to information with respect to the protocols and technical requirements for connection with and use of its telephone exchange service facilities required for such competition that such BTC makes available to its affiliate. Requires the FCC to prescribe regulations to require any BTC which has a manufacturing affiliate to: (1) provide to other manufacturers of telecommunications equipment and customer premises equipment that is functionally equivalent to equipment manufactured by BTC affiliates opportunities to sell such equipment to such BTC which are comparable to opportunities the BTC provides to its affiliates; (2) not subsidize its manufacturing affiliate with revenues from its regulated telecommunications service; and (3) only acquire equipment from its manufacturing affiliate at the open market price. Allows a BTC and its affiliates to engage in close collaboration with any manufacturer of customer premises or telecommunications equipment during the design and development of hardware and software relating to such equipment.
United States · United States Congress · 19 March 1991
Resident Physician Student Loan Deferment Act - Amends the Higher Education Act of 1965 to allow resident physicians to defer repayment of certain student loans while serving in a medical internship or resident training program accredited by the Accreditation Council for Graduate Medical Education or the Accrediting Committee of the American Osteopathic Association.
United States · United States Congress · 19 March 1991
Amends the Internal Revenue Code to restore prior law for determining wages subject to employer social security taxes for certain employers whose employees receive income from tips.
United States · United States Congress · 19 March 1991
Repeals a Federal provision prohibiting the payment of veterans' disability compensation to an incompetent veteran having no spouse, child, or dependent when such veteran's estate value exceeds $25,000, until such estate value is reduced to less than $10,000.
United States · United States Congress · 13 March 1991
Felon Handgun Purchase Prevention Act of 1991 - Amends the Federal criminal code to prohibit a licensed importer, manufacturer, or dealer from transferring a handgun from business inventory to any other person unless: (1) before the completion of the transfer the licensee contacts the hotline established under this Act; and (2) the hotline notifies the licensee that the information available does not demonstrate that the receipt of a handgun by such other person would violate provisions of the Federal criminal code (Federal provisions), or that the hotline will not be able to respond to the licensee before the end of the next business day; or (3) at least 24 hours have elapsed since the licensee first contacted the hotline with respect to the transfer and the hotline has not notified the licensee that the information available to the hotline demonstrates that the receipt of a handgun by such other person would violate such provisions. Makes such prohibition inapplicable to a handgun transfer between a licensee and another person if: (1) such other person presents to the licensee a valid permit or license, issued by the State or political subdivision in which the transfer is to occur, that authorizes such other person to purchase, possess, or carry a firearm; (2) the Secretary has approved the transfer under provisions of the Internal Revenue Code; (3) telephone service is not provided to the premises where the licensee conducts business subject to such license and is not generally available to the public in the area in which such premises are located; (4) the ability of the licensee to exchange information with the hotline is impaired due to circumstances beyond the control of the licensee; or (5) the licensee, pursuant to State law, notifies State law enforcement authorities of the proposed transfer and such authorities approve the transfer or determine that receipt of a handgun by such other person would not violate State law. Requires the licensee to include in the record of transfer the identification number provided by the hotline with respect to the transfer where the hotline notifies the licensee that the information available to the hotline does not demonstrate that the receipt of a handgun by such other person would violate Federal provisions. Establishes penalties against the licensee for knowingly failing to comply with provisions of this Act. Directs the Attorney General to: (1) establish such hotline; (2) arrange for a toll-free telephone number; (3) ensure that the hotline operates continuously; (4) ensure that not more than two percent of the initial telephone responses of the hotline contain erroneous determinations; and (5) notify each licensee of the existence, purpose, and toll-free number of the hotline. Specifies that the hotline shall not provide information to any caller with respect to another person unless: (1) the hotline verifies that the caller is a licensee; and (2) the caller states that such other person seeks to obtain a handgun and the caller provides the name and social security number (or other identifying information for a person with no number) of such other person. Directs that, if such requirements are met, the hotline: (1) inform the caller whether the information available to the hotline demonstrates that the receipt of a handgun by the person would violate Federal provisions; and (2) if such receipt would not violate such provisions, assign a unique identification number to the transfer, provide the caller with the number, and destroy all records of the hotline with respect to the call (other than the identifying number and the date the call was received) and all records of the hotline relating to the person. Requires the hotline: (1) to make every effort to provide the caller with the information required immediately or by return telephone call without delay; and (2) if it is unable to comply with such requirement due to circumstances beyond the hotline's control, to advise the caller that the response of the hotline will be delayed and the reasons for, and probable length of, the delay, and make every effort to provide the information required within 24 hours of the initial call. Authorizes the Attorney General to secure directly from any U.S. department or agency such information as necessary to enable the hotline to operate in accordance with this Act. Directs the head of such department or agency, on request of the Attorney General, to furnish such information to the hotline. Requires the Attorney General to develop such computer software, design and obtain such telecommunications and computer hardware, and employ such personnel as necessary to establish and operate the hotline. Sets forth procedures for the correction of erroneous hotline information. Creates a private cause of action where a person is denied a handgun based on erroneous information provided by the hotline. Bars any U.S. department, agency, officer, or employee from: (1) requiring that any record or portion thereof maintained by the hotline be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or political subdivision; or (2) using the hotline to establish any system for the registration of handguns, handgun owners, or handgun transactions or dispositions, except with respect to persons prohibited by Federal provisions from receiving a handgun. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to: (1) increase the percentage of funds (from five to ten percent) to be allocated by each State for the improvement of criminal justice records; and (2) include in such improvement the sharing of such records with the Attorney General for use by the hotline established under this Act.
United States · United States Congress · 13 March 1991
Amends the Internal Revenue Code to provide for the treatment of rental and nonrental real estate activities under the limitations on losses from passive activities.
United States · United States Congress · 12 March 1991
Used Oil Recycling Act of 1991 - Amends the Solid Waste Disposal Act to prohibit the Administrator of the Environmental Protection Agency from listing or identifying as a hazardous waste any: (1) recycled oil; (2) used oil transferred to a person who certifies that such oil will be rerefined, processed, or reclaimed for a beneficial purpose or stored less than 12 months prior to such transfer; and (3) used oil which has been removed from the engine of a light duty motor vehicle or household appliance by the owner, transferred to a service station dealer, and stored by the dealer for less than 12 months. Requires the Administrator to determine whether to list as a hazardous waste used oil which is a solid waste and does not satisfy the above-listed criteria. Directs the Administrator to establish management standards for the storage, testing, transportation, treatment, exportation and importation, and processing of used oil. Requires such standards to be designed to protect human health and the environment by encouraging and expanding reliance on recycling of used oil. Exempts generators of used oil from recordkeeping or reporting requirements if such generators: (1) enter into an agreement for delivery of such oil to a recycling facility whose owner or operator certifies compliance with such standards or recycles such oil; (2) do not mix the oil with any hazardous wastes; and (3) maintain necessary records relating to the oil. Prohibits mixing used oil with any hazardous waste identified under such Act except where: (1) such mixing involves an identified hazardous waste and the resulting mixture does not exhibit a characteristic identified in such Act; and (2) the used oil mixture is burned to recover useful energy such that protection of human health and the environment is assured. Deems owners or operators of facilities which process used oil for fuel to have permits for recycling activities if in compliance with management standards. Directs the Administrator to conduct inspections of such facilities to determine compliance with such standards. Requires the Administrator to implement educational programs to inform the public about the environmental and safety hazards associated with improper handling of used oil and the benefits of used oil recycling. Authorizes appropriations. Directs the Administrator to promulgate regulations concerning the procurement of used oil fuel by Federal agencies subject to the requirements of the Solid Waste Disposal Act.
United States · United States Congress · 12 March 1991
Savings and Investment Incentive Act of 1991 - Title I: Retirement Savings Incentives - Amends the Internal Revenue Code to remove the limitations on deductions for individual retirement plans and provides a cost-of-living adjustment for deductible amounts. Establishes special individual retirement accounts that are nondeductible. Makes such accounts nontaxable if earnings on contributions are held for at least five years. Applies the early withdrawal penalty to distributions made before the end of the five year-period. Title II: Penalty-Free Distributions - Provides exemptions from the ten-percent penalty on early withdrawals from individual retirement plans for: (1) first home purchases; (2) higher education expenses; and (2) financially devastating medical expenses.
United States · United States Congress · 7 March 1991
Comprehensive Wetlands Conservation and Management Act of 1991 - Amends the Federal Water Pollution Control Act to revise provisions concerning permits for dredged or fill material. Prohibits, unless such activity is undertaken pursuant to a permit issued by the Secretary of the Army: (1) the discharge of dredged or fill material into U.S. waters; or (2) the draining, channelization, or excavation of wetlands. Authorizes the Secretary to issue permits for such activities. Sets forth permit application procedures. Requires the Secretary, upon receiving applications, to: (1) classify as Type A wetlands wetlands that are of critical significance to the long-term conservation of the ecosystem of which they are a part and which meet specified requirements; (2) classify as Type B wetlands wetlands that provide habitat for a significant population of avian, aquatic, or wetland dependent wildlife or provide other significant wetlands functions; and (3) classify as Type C wetlands wetlands that serve marginal functions but exist in such abundance that regulation of activities is not necessary to conserve wetlands values and functions, or are prior converted cropland, fastlands, or wetlands within intensely developed areas that do not serve significant wetlands functions. Directs the Secretary to notify a permit applicant of the classification. Permits owners of interests in Type A wetlands to seek compensation for the fair market value of such lands. Provides that title for such lands shall pass to the United States upon acceptance of an offer for compensation. Deems such takings to be takings of surface interests in lands only or water rights allocated under State law unless the Secretary determines that the exploration for, or development of, oil and gas or mineral interests is not compatible with conservation of the surface interests in lands that have been classified as Type A wetlands. Authorizes the Secretary to classify such interests as Type A wetlands and to notify the owner that he may receive compensation. Sets forth provisions concerning court jurisdiction and remedies for taking of interests. Requires the Secretary to deny a permit authorizing activities in Type A wetlands unless: (1) such activities can be undertaken with minimal alteration or surface disturbance; (2) there are overriding public interest concerns that require use of the lands for purposes other than conservation; or (3) the proposed use of the land will result in overall environmental benefits. Authorizes the Secretary to issue a permit for activities in Type B wetlands subject to conditions that ensure that the watershed or aquatic ecosystem of which such wetlands are a part does not suffer loss or degradation of wetlands values or functions. Imposes requirements for mitigation when such activities result in the permanent loss or degradation of Type B wetlands where such loss or degradation is not a temporary or incidental impact. Directs the Secretary to establish a mitigation banking program in each State to ensure compensation for loss and degradation of wetlands. Requires the primary objective of such programs to be to provide for the restoration, enhancement, or creation of ecologically significant wetlands on an ecosystem basis. Sets forth requirements of such programs. Permits activities in Type C wetlands to be undertaken without specified authorization. Authorizes the Secretary to issue general permits on a State, regional, or nationwide basis for activities in wetlands if such activities are similar in nature and will not result in the significant loss of ecologically significant wetlands values and functions. Exempts specified activities from this Act's requirements. Permits States or political subdivisions to submit land management plans for identified wetlands for the Secretary's approval. Authorizes and directs the Secretary to establish standards that govern the delineation of lands as wetlands. Prohibits more than 20 percent of any county, parish, or borough from being classified as Type A wetlands. Requires the Director of the U.S. Fish and Wildlife Service to undertake a project to identify and classify U.S. wetlands. Provides for public participation in such project and makes information concerning identification and classification available to the public. Authorizes the Secretary to commence civil actions for permit violations. Prescribes civil penalties for such violations. Authorizes States to administer permit programs for activities covered by this Act, subject to the Secretary's approval.
United States · United States Congress · 6 March 1991
Authorizes the President to present a gold medal to General H. Norman Schwarzkopf in recognition of his exemplary performance in coordinating the planning, strategy, and execution of U.S. combat action and his invaluable contributions to the United States and to the liberation of Kuwait. Authorizes appropriations.
United States · United States Congress · 6 March 1991
Requests the Occupational Safety and Health Administration to publish, within one year, proposed amended regulations that specify the components of an adequate operator training program and certification system for operators of powered industrial trucks.
United States · United States Congress · 5 March 1991
Amends the Internal Revenue Code to increase the personal exemption for a dependent child who has not attained age 18 from $2,000 to $3,500. Provides for rounding inflation adjustments to tax tables to the nearest multiple of $10 (currently rounded to the next lowest multiple of $50).
United States · United States Congress · 5 March 1991
Endorses a National Victory Parade in Washington, D.C., and regional victory parades throughout the United States to honor servicemen and women who participated in Operation Desert Storm. Encourages Federal, State, and local governments and private industry to get involved in supporting such parades.
United States · United States Congress · 28 February 1991
Acclaims the President for his decisive leadership, unerring judgment, and sound decisions with respect to the Persian Gulf crisis. Commends and expresses appreciation to the members of the U.S. armed forces and other members of the international coalition who participated in Operation Desert Storm. Conveys sympathy and condolences to the families and friends of coalition and U.S. forces who were injured or killed during such operation. Expresses compassion for the families of noncombatants who suffered hardship and personal losses during the Persian Gulf War. Supports continued efforts to promote peace and stability in the Persian Gulf.
United States · United States Congress · 21 February 1991
Amends the Internal Revenue Code to permanently extend the period during which qualified mortgage bonds and mortgage credit certificates may be issued.
United States · United States Congress · 19 February 1991
Older Americans' Freedom to Work Act of 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 beneficiaries who have attained retirement age may earn without incurring a reduction in benefits.
United States · United States Congress · 4 February 1991
Uranium Enrichment Reorganization Act - Title I: United States Uranium Enrichment Corporation - Amends the Atomic Energy Act of 1954 to establish the United States Uranium Enrichment Corporation as a wholly-owned Government corporation to conduct uranium marketing and enrichment activities as a commercial, profitable, self-financing enterprise. Provides for a Board of Directors appointed by the President with the advice and consent of the Senate. Prescribes guidelines for: (1) certain property transfers from the Department of Energy; and (2) the Corporation's capital structure, financing, pricing policies, and user charges for decommissioning, decontamination, and remedial activities. Requires the Corporation to prepare an annual status report for the President and the Congress. Prescribes licensing and taxation guidelines for the Corporation. Sets guidelines for payments in lieu of taxes by the Corporation to States and local governments. Directs the Board to make recommendations to the President regarding the transfer of its functions and assets to private ownership. Requires congressional approval before the Corporation may be sold and its functions transferred. Applies Federal, State, and local environmental and occupational safety and health laws to the Corporation as though it were privately owned. Declares that the Corporation receipts and disbursements shall: (1) not be included in the totals of the President's budget or the congressional budget; (2) be exempt from any general budget limitation imposed by statute on expenditures and net lending (budget outlays) of the U.S. Government; and (3) be exempt from any order issued under a specified section of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Requires the Corporation to undertake decontamination and decommissioning activities at the Oak Ridge Gaseous Diffusion Plant, Tennessee. Establishes the Uranium Enrichment Decontamination and Decommissioning Fund to cover the Corporation's decommissioning and decontamination expenses, including remedial action activities. Requires the Corporation to study and report to the Congress its recommendations for cost effective decontamination, decommissioning, and remedial action of its facilities. Title II: Remedial Action for Active Processing Sites - Declares that the costs of decontamination, decommissioning, reclamation, and remedial action at an active uranium or thorium processing site shall be borne by persons licensed under the Atomic Energy Act of 1954 for any activity at such site which results in the production of byproduct material. Requires the Secretary to reimburse such licensees annually for the portion of such costs that are: (1) attributable to tailings generated as an incident of sales to the United States; and (2) incurred no later than December 31, 2002. Authorizes appropriations.
United States · United States Congress · 4 February 1991
Amends Internal Revenue Code provisions governing the income tax deduction for the health insurance costs of self-employed individuals to: (1) make the deduction permanent (under current law it will expire after tax year 1991); and (2) phase in an increase in the allowable deduction, reaching 100 percent for taxable years beginning in 1994 and thereafter.
United States · United States Congress · 18 January 1991
Expresses the sense of the Congress that, in seeking to reduce the Federal deficit, any proposal which would diminish, defer, or otherwise adversely affect periodic cost-of-living adjustments in Federal retirement benefits should be uniformly applied.
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
Uranium Enrichment Reorganization Act - Amends the Atomic Energy Act of 1954 to establish the United States Uranium Enrichment Corporation as a wholly-owned Government corporation to conduct uranium marketing and enrichment activities as a commercial, profitable, self-financing enterprise. Provides for a Board of Directors appointed by the President with the advice and consent of the Senate. Prescribes guidelines for: (1) certain property transfers from the Department of Energy; and (2) the Corporation's capital structure, pricing policies, and user charges for decommissioning, decontamination, and remedial activities. Requires the Corporation to prepare an annual status report for the President and the Congress. Prescribes licensing and taxation guidelines for the Corporation. Sets guidelines for payments in lieu of taxes by the Corporation to States and local governments. Directs the Board to make recommendations to the President regarding the transfer of its functions and assets to private ownership. Declares that the Corporation's receipts, proceeds, and recoveries (including deposits in the Uranium Enrichment Decontamination and Decommissioning Fund) shall be available without fiscal year limitations and without further appropriations. Applies Federal environmental and occupational safety and health law to the Corporation as though it were privately owned. Establishes the Uranium Enrichment Decontamination and Decommissioning Fund to cover the Corporation's decommissioning and decontamination expenses.
United States · United States Congress · 3 January 1991
Merchant Mariners Fairness Act of 1991 - Provides that certain qualified service of a member of the U.S. merchant marine, including a vessel crewmember of the U.S. Army Transport Service, during World War II constituted active military service for purposes of eligibility for various veterans' benefits under the GI Bill Improvement Act of 1977. Requires the Secretary of Defense to issue an honorable discharge under such Act to each merchant marine member whose qualified service warrants such a discharge. Defines "qualified service." Prohibits the payment of any retroactive benefits under this Act. Mandates a processing fee of a specified amount for any benefit application for such qualified service. Amends the Merchant Marine Act, 1936 to add references to components or ingredients of equipment, materials, or commodities in certain cargo preference provisions.
United States · United States Congress · 3 January 1991
Veterans' Compensation Amendments of 1991 - Increases the rates of: (1) veterans' disability compensation; (2) additional compensation for veterans' dependents; (3) the clothing allowance for certain disabled veterans; (4) dependency and indemnity compensation for surviving spouses and children; and (5) supplemental dependency and indemnity compensation for disabled adult children. Authorizes the Secretary of Veterans Affairs to adjust administratively the rates of disability compensation payable to persons who are not in receipt of compensation for service-connected disability or death.
United States · United States Congress · 3 January 1991
Demands that the Iraqi Government: (1) comply fully with specified United Nations Security Council resolutions concerning Iraq's aggression against Kuwait; (2) withdraw from Kuwait; and (3) be responsible for all financial losses resulting from the invasion. Commends the President for his actions in responding to Iraq's invasion of Kuwait and threat to the region. Supports U.N. Security Council Resolution 678 regarding the use of "all necessary means" to uphold and implement such other U.N. resolutions, should Iraq fail to withdraw from Kuwait on or before January 15, 1991.
United States · United States Congress · 19 October 1990
Farm Poundage Quota Revisions Act of 1990 - Amends the Agricultural Adjustment Act of 1938 to permit the sale of a farm's burley tobacco (burley) quota to another active burley tobacco producer in the same county under specified conditions. Postpones the effective date of the loss of quota for underplanting provisions until the 1994 marketing year. (Current law makes such provisions effective as of the 1976 marketing year.) Bases such determination on two of the three previous years' plantings. (Current law is determined on the previous five years' plantings.) States that when a farm is divided through reconstitution (other than through probate or among family members) the burley tobacco poundage quota which transfers with the divided land shall be at least 1000 pounds. Increases lease limitations from 15,000 pounds to 30,000 pounds. Authorizes the lease and transfer of burley quotas between any two farms within Tennessee or Virginia if a majority of active burley producers within the respective State so approves in a statewide referendum.
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 · 19 September 1990
Declares that: (1) the President should withdraw his request for authority to forgive the military assistance debts owed to the United States by the Egyptian Government; (2) if the President fails to withdraw that request, the Congress should reject it; and (3) the President should develop a plan for the sharing of the costs and responsibilities of checking Iraq's aggression.
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 · 28 June 1990
Defense Acquisition Workforce Improvement Act - Revises Federal armed forces provisions relating to procurement personnel within the Department of Defense (DOD). Directs the Secretary of Defense to establish policies for the effective management (including accession, education, training, and career development) of persons serving in acquisition positions within DOD. Requires the Under Secretary of Defense for Acquisition to carry out all the powers, functions, and duties of the Secretary with respect to the acquisition workforce in DOD. Requires the service acquisition executive for each military department to carry out all the powers, functions, and duties of the Secretary of such military department with respect to the acquisition workforce within such department and ensure that all appropriate management policies are implemented in the department. Establishes within the Office of the Under Secretary a Director of Acquisition Education, Training, and Career Development, who shall: (1) formulate, implement, and oversee the training, education, and career development policies and programs for persons serving in acquisition positions within DOD; and (2) report to the Under Secretary on the effectiveness of such policy and program implementation. Establishes within the office of the service acquisition executive of each department a Director of Acquisition Career Management to monitor compliance and coordinate the management of the acquisition workforce and serve in a liaison capacity for acquisition career program functions. Directs the Secretary of each military department to establish an acquisition career program board to advise the service acquisition executive in managing the accession, training, education, and career development of military and civilian personnel in the acquisition workforce and in selecting individuals for appointment into the Acquisition Corps. Directs the Secretary of Defense to establish and implement policies for the effective management of persons serving in acquisition positions in the Office of the Secretary of Defense and the defense agencies, including the establishment of an Acquisition Corps with respect to such persons. Makes the above provisions applicable to reserve officers in an active status not on the active duty list. Requires the Secretary to designate DOD acquisitions positions for the purposes of these provisions. Specifies positions to be included as acquisition positions. Requires acquisition-related positions in management headquarters support and management headquarters activities to be included in such classification. Directs the Secretary to establish education, training, and experience requirements for each acquisition position. Provides that, in order to serve in an acquisition position as a contracting officer authorized to administer contracts for more than $25,000 (the small purchase contract limit), a person must have specified contracting courses, experience, and education and meet such additional requirements as may be established by the Secretary. Specifies the experience and education required before a person may be employed by DOD in the GS-1102 occupational series, with certain exceptions, including having at least ten years of experience in acquisition or comparable positions. Authorizes the career management board of a military department to waive such experience and education requirements if the board certifies that the employee possesses significant potential for advancement to levels of greater responsibility and authority based on demonstrated job performance and qualifying experience. Directs the Secretary to ensure that appropriate career paths for civilian and military personnel who wish to pursue careers in acquisition are identified in terms of the education, training, experience, and assignments necessary for career progression to the most senior acquisition positions. Requires the Secretary to ensure that civilian personnel are provided the opportunity to acquire the experience, background, and education required to qualify for senior acquisition positions. Provides that no requirement may be imposed relating to the civilian or military status of a person under consideration for an acquisition position. Requires that both civilian and military members of the armed forces be considered for such positions on an equal basis. Allows a position to be classified as open only to members of the armed forces only upon a determination that such a member is essential for such position or is necessary for another compelling reason. Requires the Secretary to review such a classification to determine whether it should remain. Directs the Secretary to: (1) ensure that the best qualified individual shall be selected for the position; (2) ensure that the acquisition workforce is managed so that, over time, more civilians become qualified and are selected for senior acquisition positions; and (3) establish a policy on assignments for both civilian and military personnel to acquisition positions that provides a balance between the need for career-broadening assignments and the need for requiring sufficient time for each assignment. Requires the Secretary of each military department to: (1) ensure that qualifications of officers selected for the Acquisition Corps are such that such officers are expected to be promoted at a rate not less than the rate for all line officers of the same armed force in the same grade; and (2) require that any performance appraisal of a person serving in an acquisition position be performed by a person serving in an acquisition position in the same career field. Authorizes the Secretary, in order to attract and retain employees to serve in acquisition positions in areas with high housing costs, to pay an employee a housing allowance. Requires the Secretary to establish a pilot program in four cities where housing allowances shall be paid and to make reports concerning such pilot program. Establishes within each military department an Acquisition Corps consisting of civilian employees and members of the armed forces. Outlines education, training, and experience requirements and exceptions. Allows the career management board of a military department to waive such requirements when the board certifies that the employee involved possesses significant potential for advancement to levels of greater responsibility and authority. Outlines provisions concerning critical acquisition positions within DOD. Allows such positions to be filled only by members of the Acquisition Corps. Outlines requirements for the designation of an acquisition position as critical and specifies certain positions as critical. Directs the Secretary to establish requirements for education, training, and experience for all critical positions. Prohibits any civilian or military employee not meeting such requirements from performing in such position for more than six months, unless he or she is granted a waiver. Authorizes the Secretary concerned to waive such requirements on a case-by-case basis if unusual circumstances exist or if the individual's qualifications obviate the need for such requirements. Limits the delegation of authority for granting such waivers. Outlines requirements an individual must meet before being assigned to a critical position as a program manager or deputy program manager, including completion of a specified program management course, the execution of a written agreement, and specified years of experience in acquisition. Describes a minimum period in which a program manager or deputy manager must serve (a major milestone assignment period). Requires a minimum service agreement to be signed. Authorizes the Secretary concerned to waive such assignment period only in exceptional circumstances. Limits the delegation of authority for granting such waivers. Directs the Secretary of Defense to issue uniform guidelines defining major milestones. Outlines requirements an individual must meet before being assigned to a critical position as a program executive officer or a senior contracting official. Requires ten years' acquisition experience for a person in the Senior Executive Service or who is a general or flag officer before such person can be assigned to a critical acquisition position. Directs the Secretary of each department to provide that no person shall be assigned to a critical acquisition position for fewer than three years. Requires such person to execute a written agreement to remain in the position for such period. Authorizes the Secretary concerned to waive the required assignment period only in specified exceptional circumstances (poor performance, suspension from active duty, retirement, reassignment for unusual reasons). Limits the delegation of authority for granting such waivers. Directs the Secretary of Defense to establish a policy encouraging the rotation of members of the Acquisition Corps serving in critical acquisition positions to new assignments after five years, or, in the case of a program manager, after completion of the major milestone period, whichever is longer. Requires the Secretary of each department to review critical acquisition assignments to determine whether the Government and the individual would be better served by a reassignment. Directs the Secretary concerned to select civilian personnel for critical acquisition positions from a centralized job referral system. Directs the Secretary of Defense to establish a test program in which members of the Acquisition Corps serving in a military department or defense agency are assigned or detailed to an acquisition position in another department or agency. Requires such test program to operate for at least three years. Directs the Secretary of Defense to establish policies for the establishment and implementation of the education and training programs authorized under this Act. Directs the Under Secretary to recommend to the Secretary appropriate funding levels to implement the education and training programs. Directs the Secretary of each military department to implement such program. Directs the Secretary of Defense to require each military department to establish and implement: (1) an intern program to provide highly qualified and talented individuals an opportunity for accelerated promotions, career broadening assignments, and specified training to prepare them for entry into the Acquisition Corps; and (2) a cooperative education program in which cooperative arrangements are entered into to provide educational credit to undergraduate students who are employed by DOD in an acquisition position. Directs the Secretary of Defense to establish: (1) a tuition reimbursement program for purposes of career development of acquisition personnel in DOD; (2) a scholarship program for acquisition personnel in DOD; and (3) a program under which DOD employees may be assigned to attend, as full-time students, accredited institutions for education leading to a master's or doctor's degree in a qualifying field of study, as determined by the Secretary. Outlines, for each of such programs, eligibility and written agreement requirements, including a promised period of service. Authorizes the Secretary of Defense to repay all or part of a student loan for a DOD employee appointed to an acquisition position that requires highly qualified professional, technical, or administrative personnel if the employee agrees to be employed in an acquisition position for at least three years. Provides that DOD shall cease repayment of such loan if the employee is voluntarily or involuntarily separated from such service before the termination of the required period. Requires repayment to the United States from persons participating in the scholarship program or the full-time student employee degree program for educational assistance provided when such person fails to complete the agreed-upon period of Federal employment after graduation. Directs the Secretary of Defense to establish a structure for a defense acquisition university. Authorizes the Secretary to employ professors, instructors, and lecturers in such university. Directs the Secretary to develop procedures to ensure that the military departments implement a management information system to provide standardized information to the Secretary on the qualifications of personnel serving in acquisition positions. Directs the Secretary to report annually to the Congress concerning acquisition positions available, the number of persons serving the Acquisition Corps, the total number of critical acquisition positions held, and other information relating to defense acquisition personnel during the prior year. Requires regulation revisions and waiver documents to be submitted to the Congress at the same time that the Secretary submits his annual defense budget to the Congress. Provides for the payment of a retention bonus for officers serving in critical acquisition positions who execute a written agreement to extend by at least one year their period of active duty in such position. Outlines officers covered and provided bonus terms and conditions, limiting the bonus paid to no more than $6,000 per year. Requires repayment of such bonus on a pro rata basis for an officer who fails to complete the total period of additional duty agreed upon. Directs the Secretary of Defense to review all acquisition positions to determine which positions should be specified as available only for military members. Requires the Secretaries of the military departments to fill critical acquisition positions by Acquisition Corps members as soon as possible. Requires the Secretary of Defense to publish the first list of positions designated as critical acquisition positions within 18 months after enactment of this Act. Directs the Secretary of Defense to report to the Armed Services Committees within six months after enactment of this Act an implementation plan for the defense acquisition university structure. States that the 180-day waiting period for the hire of retired military personnel shall not apply to a person appointed to a critical acquisition position. States that a certain reduction in retired or retainer pay for persons employed by the Government after retirement also shall not apply to members appointed to critical acquisition positions. Repeals Federal provisions concerning: (1) the assignment of contracting officers under the Department of Defense Authorization, 1986; and (2) the tour of duty for defense acquisition program managers. Directs the Comptroller General to conduct an independent evaluation of the actions taken by the Secretary of Defense to carry out this Act and to report on such evaluation to the Armed Services Committees within two years after the enactment of this Act.
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 · 14 June 1990
Financial Crimes Prosecution and Recovery Act of 1990 - Title I: National Commission on Financial Crimes - Establishes the National Commission on Financial Crimes to investigate fraud and abuse in the financial services industry and to recommend procedures for improving interagency cooperation and tactics for law enforcement officers in the investigation and prosecution of financial crimes. Sets forth provisions with respect to the membership, powers, pay, reporting requirements, and termination of the Commission. Title II: Improvements in Administration of the Department of Justice - Directs the Attorney General to establish a financial crimes strike force in each Federal judicial district which is in the top quartile of such districts with respect to the total number of criminal referrals filed with the Attorney General by the appropriate Federal banking agencies relating to residents of, or persons located in, such district. Provides for local control of each such strike force, through the U.S. Attorney for such district, except as otherwise provided by the Attorney General. Sets forth provisions regarding pay for attorneys on financial crimes strike forces. Directs the Attorney General to: (1) establish a merit system to recognize and reward outstanding efforts of individuals engaged in the investigation and prosecution of financial crimes; (2) prohibit any U.S. attorney or any other attorney employed by the Department of Justice from taking into account the dollar amount of any loss incurred in connection with any financial crime in making a determination with respect to the investigation or prosecution of such crime; and (3) prescribe by regulation that the investigation of any referral from an appropriate Federal banking agency related to a financial crime involving an insured depository institution in default or in danger of default, or of any troubled institution, be given priority in case management. Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to make specified civil money penalties collected under such Act available to the Attorney General to carry out any provision of law. Amends the Federal criminal code to grant specified officials of the Federal Bureau of Investigation administrative subpoena authority regarding specified financial crimes. Sets forth provisions: (1) with respect to standards governing production of items subpoenaed; and (2) granting persons complying in good faith with a summons or order issued under this Act and producing the materials sought immunity from civil liability to the consumer for such production or nondisclosure of such production. Title III: Improvements in the Administration of the FDIC and the RTC - Amends the Federal Deposit Insurance Act (FDIA) to grant subpoena authority to the Federal Deposit Insurance Corporation (FDIC) and the Resolution Trust Corporation (RTC) as a conservator or receiver or for carrying out authority with respect to an insured depository institution. Amends the Internal Revenue Code to grant the FDIC and the RTC access to Internal Revenue Service returns and return information upon written requests by the respective Board of Directors and upon certification by the Board that it has a substantial need for such returns or return information. Amends the FDIA to authorize Federal banking agencies, in conducting any investigation, examination, or enforcement action under such Act, to: (1) request the assistance of any foreign banking authority; (2) maintain an office outside the United States for such purposes; (3) provide assistance to a foreign banking authority, upon request, if the requesting authority is conducting an investigation involving a violation of laws or regulations relating to banking matters that the requesting authority administers or enforces; and (4) conduct such an investigation as is necessary to collect information and evidence pertinent to such a request without regard to whether the facts stated in the request also constitute a violation of U.S. law. Authorizes the FDIC and the RTC, as conservator or receiver of any insured depository institution, to request the assistance of any foreign banking authority and provide assistance to any such authority in accordance with this Act. Requires the FDIC and the RTC to each maintain a permanent office to coordinate foreign investigations or investigations on behalf of foreign banking authorities. Authorizes the Board of Directors of the FDIC to act in its own name and through its own attorneys in any action or proceeding in which the FDIC is an interested party, whether in its corporate capacity or as conservator or receiver for any insured depository institution. Grants priority to the FDIC over certain claims or actions filed or begun against an affiliated party of the insured depository institution by depositors, creditors, or shareholders of the institution after enactment of this Act. Authorizes the FDIC, as conservator or receiver for any insured depository institution, to avoid any transfer of interest of an institution-affiliated party or any transfer of interest or obligation of person determined to be a debtor of the institution that was made within five years of appointment of the FDIC as conservator or receiver, if such party made such transfer or incurred such liability with intent to hinder, delay, or defraud the insured depository institution. Specifies circumstances under which the FDIC may recover the property transferred or the value of such property. Sets forth provisions regarding prejudgment attachments of assets where an institution-affiliated party may be required to provide restitution to the institution or where the party is a debtor of the institution, and where the assets will be dissipated or otherwise placed beyond the jurisdiction of the court or FDIC before any recovery may be completed unless a trustee is appointed. Establishes criminal penalties for knowingly concealing assets or property from the FDIC or the RTC as a conservator or receiver for any insured depository institution. Requires each Federal banking agency to require directors of depository institutions to complete an educational course on their duties as directors every three years. Authorizes a court or the Attorney General to direct disclosures of matters occurring before a grand jury during an investigation of a banking law violation to identified personnel of a financial institution regulatory agency upon a finding of substantial need, subject to specified conditions. Excludes the payment of restitution under specified Acts including the FDIA from discharge under bankruptcy provisions. Amends the Federal criminal code to subject to civil forfeiture property which constitutes or is derived from proceeds traceable to mail fraud, or fraud by wire, radio, or television, affecting a financial institution. Amends the FDIA, the Federal Credit Union Act, the Revised Statutes, the Federal Reserve Act, the Bank Holding Company Acts of 1956 and 1970, and the Home Owners' Loan Act to permit the appropriate Federal banking agency, the FDIC, or, in the case of the latter statute, the Director, to apply to specified courts to recover from a depository institution administrative costs arising out of actions taken to recover a civil penalty. Title IV: Taxpayer Recovery Act - Taxpayer Recovery Act of 1990 - Makes an exception to a discharge in bankruptcy for: (1) restitution that the debtor has been ordered to pay by a State or Federal court in any criminal proceeding arising from an act that caused a loss to any bank, savings association, or credit union (bank); or (2) damages provided in any judgment, order, or consent decree entered in any State or Federal court, or in any settlement agreement entered into by the debtor, arising from any act involving fraud or reckless disregard for the law committed with respect to any such institution. Requires that any individual acting as a director, officer, or institution-affiliated party of a bank be considered to be acting in a fiduciary capacity with respect to such institution for purposes of a provision making an exception to a discharge from bankruptcy involving fraud or defalcation while acting in such capacity. Specifies that reliance by a creditor will not be required to establish an exception to discharge if the creditor is a financial regulatory agency that is a successor to a bank. Sets forth time limits for the filing of a complaint objecting to the discharge of a debt owed to: (1) a bank that is closed, is in receivership or conservatorship, or is sold to another bank in a transaction assisted by a financial regulatory agency; or (2) such an agency. Specifies that an individual debtor who has committed an act involving fraud or reckless disregard for the law or is subsequently adjudicated to have committed such an act during the pendency of his bankruptcy proceeding with respect to any bank that is in receivership or conservatorship or that is sold to another bank assisted by a financial regulatory agency shall not be exempt from: (1) more than $7,500 in value of the debtor's aggregate interest in any real property that the debtor uses as a residence: and (2) the debtor's interest in any insurance policy or annuity.
United States · United States Congress · 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 · 24 May 1990
Airport and Airway Trust Fund Protection Act of 1990 - Declares that the receipts and disbursements of the Airport and Airway Trust Fund allocable to transportation-related operations: (1) shall not be included in the totals of the Federal budget or the congressional budget; (2) shall be exempt from general budget limitations on expenditures and net lending; and (3) shall be exempt from any sequestration order under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) and shall not be counted for purposes of calculating the Federal deficit.
United States · United States Congress · 10 May 1990
Defense Management Improvement Act - Title I: Military Personnel - Authorizes the Secretary of Defense to terminate a selective reenlistment bonus when the term of the reenlistment is not completed or the person ceases to perform in the specialty for which the bonus was paid. Makes permanent the authority of the Secretary to pay such reenlistment bonuses. Authorizes the Secretary to increase the active-duty officer personnel end strength as of the end of a fiscal year. Authorizes the Secretary to redistribute authorized personnel end strengths among: (1) Selected Reserve personnel; (2) active-duty personnel who are paid from active-duty personnel funds; and (3) active-duty personnel and full-time National Guard duty personnel who are paid from reserve personnel funds. Authorizes the necessary transfer of appropriations to pay such redistributed personnel. Prescribes redistribution limitations. Authorizes the involuntary release by the Secretary of the military department concerned of a regular active-duty officer with less than eight years of active commissioned service and the transfer of such officer to the Ready Reserve for the remainder of that officer's period of obligated service. Allows an officer who is retired in a grade below the highest grade held while on active duty, upon approval of the Secretary concerned, to retain the rank and insignia of the highest grade achieved on active duty for a period of 18 months and to be considered to have retired in the higher grade for all purposes other than the computation of retired pay. Provides for the involuntary retirement of Navy commanders and captains who have failed to be promoted to the next higher grade for the second time (commanders) or who have completed 38 years of active naval service (captains). Authorizes the Secretary of Defense to waive the requirement of the convening of a promotion board in certain circumstances in the selection and promotion of officers to the grade of captain (in the Army, Air Force, or Marine Corps) or lieutenant (in the Navy). Allows such officers to be considered instead for promotion under regulations prescribed by the Secretary of the military department concerned. Provides that officers for whom such waiver is applied and who are not placed on a promotion list by the Secretary concerned shall be considered to have failed to be selected for promotion. Entitles an officer who is directed to perform duty at a location within the limits of his duty station that requires such officer to use overnight accommodations to travel and transportation expenses. Repeals a current limitation on the authorized daily average of enlisted members in pay grades E-8 and E-9 (senior enlisted grade levels). Title II: Acquisition - Repeals a provision of the Department of Defense Appropriations Act for Fiscal Year 1990 concerning limitations on multiyear contracting authority of DOD. Commercial Products Acquisition Act of 1990 - Directs the Administrator of the Office of Federal Procurement Policy, jointly with the Administrator of the General Services Administration, the Secretary of Defense, and the Administrator of the National Aeronautics and Space Administration, to develop regulations that set forth commercial-style procedures for the acquisition of commercial products by Federal agencies. Requires such regulations to be incorporated into the Federal Acquisition Regulation. Directs the Administrator to prescribe additional regulations to implement this section as it relates to automated data processing equipment. Defines commercial products as products that are: (1) competitively available and sold in significant quantities in the commercial market; and (2) required in the same form as they are available in the commercial market or with only minor modifications that do not alter their essential performance or functional characteristics. Requires that such regulations provide for: (1) a requirement that procedures conducted under this Act be advertised by public notice in the Commerce Business Daily; (2) authority for agency contracting officers to require product offerors to demonstrate the suitability of their product for the agency involved; (3) a waiver of the requirement that a product be sold in significant quantities in the commercial market, under certain circumstances; (4) the issuing of product acquisition solicitations by the contracting officer involved, as well as follow-up activity with respect to such solicitations; (5) prompt publication in the Commerce Business Daily of a notice announcing the award of a contract; and (6) the use of commercial-style contract terms and conditions to the maximum extent that they are consistent with the interests of the Government. Amends the Federal Property and Administrative Services Act of 1949 to direct an agency contracting officer to use commercial-style procedures to procure commercial products unless the officer purchases them under simplified small purchase or multiple award schedule procedures or determines and documents that another authorized method of acquisition is more appropriate. Exempts such procured products from certain contracting requirements. States that this section shall apply to the acquisition of automatic data processing equipment. Specifies certain Federal procurements under current Federal law to which the provisions of this section shall not apply. Allows the Secretary of Defense to authorize selected components of DOD, for three years after commercial product procurement regulations are implemented, to conduct a pilot program to test procedures for resolving protests of actions taken in conducting procurements pursuant to such regulations. Outlines procedures for the filing of a protest, its impartial review within ten days, the staying of the award of a contract until such review is completed, a final written decision within 30 days of the filing of the protest, and the designation of the official to decide the protest. Repeals provisions concerning commercial pricing certifications with respect to the purchase of spare or repair parts by the head of a Federal agency. Applies the authority of an agency head to award a contract without discussions with the offerors to any situation in which the greatest benefit to the United States is gained under standards such as price, quantity, design, performance, management or technical capability, delivery, or risk. Specifies provisions of the Small Business Act to which Federal provisions allowing simplified procedures for small purchases (less than $425,000) shall not apply. Replaces specified dollar limitations (ranging from $2,500 to $25,000) after which a procurement will no longer be considered a small purchase (and therefore require certain solicitation and award procedures to be implemented) with the small purchase threshold as established under armed forces defense procurement provisions and under the Federal Property and Administrative Services Act of 1949. (Generally, this threshold is an amount of less than $25,000 at which simplified small purchase procedures may be followed.) Amends the Federal Procurement Policy Act to revise the authority of members of the Federal Acquisition Regulatory Council to designate certain officials to attend meetings and serve on the Council in place of such members. Requires the Secretary of Defense to prepare an acquisition strategy for each major defense acquisition program prior to completion of full-scale development of such program. (Currently, such strategy must be prepared before full-scale development may begin.) Requires such acquisition strategy to ensure that there will be competitive alternative production sources available for each major program and subsystems of such major program when the establishment of two or more production sources: (1) would likely result in reduced costs; (2) would not result in unacceptable delays in fulfilling DOD needs; and (3) is otherwise in the national security interest. Increases from $100,000 to $500,000 the certified cost or pricing data threshold relating to Federal defense procurement contracts. Repeals a Federal provision requiring short-term repair work on Naval Reserve vessels homeported on the west coast of the United States to use competitive bidding procedures without regard to the area of repair. Repeals: (1) a provision requiring the Secretary of the Navy to ensure, prior to the awarding of a contract for the repair or overhaul of a naval vessel following competition between public and private shipyards, that certain criteria must be met; (2) a provision of the Department of Defense Appropriations Act, 1990 which prohibits the use of funds to enter into vessel repair or overhaul contracts for west coast vessels which include interport differential charges as an evaluation factor for award; (3) a provision restricting the acquisition of core logistics functions by commercial contracts; and (4) a provision pertaining to the performance by defense contractors of commercial activities for the Government. Authorizes the provision of severance pay to foreign nationals under defense contracts in order to comply with the laws of the host nation. Revises Federal provisions concerning the authority of working-capital funded activities of the Army to sell supplies, services, or work outside of DOD. Allows commercial printing and binding work and services to be used in connection with technical data to be delivered under DOD contracts. Authorizes the Secretary of Defense to conduct a pilot program for up to six major defense acquisition programs in order to test methods to increase the effectiveness and efficiency of the acquisition process. Requires the Secretary to notify the Congress of his intent to include a major defense acquisition program in the pilot program. Amends the Davis-Bacon Act to increase from $2,000 to $250,000 the threshold contract amount after which prevailing wage rate provisions for laborers and mechanics under Federal contracts must apply. Outlines provisions for the determination by the Secretary of Labor of the prevailing wage rate for laborers, mechanics, or helpers under Federal contracts to which such Act applies. Revises a provision of the Act concerning the exclusion of Federal or federally assisted project data from prevailing wage rate determinations. Provides for a separate classification of helpers to laborers and mechanics. Requires a prevailing wage rate determination to be made for such helpers. Prohibits splitting up large contracts into contracts of less than $250,000 in order to avoid the application of wage rate determinations. Outlines actions to be taken by the Secretary of Labor when such contract-splitting has occurred. Requires the Secretary to notify the entity in question that an investigation will be conducted concerning an alleged violation of the Act. Amends the Copeland Act to reduce from weekly to quarterly certain reports required with respect to the weekly wages paid each employee by a contractor or subcontractor required to meet standards of the Davis-Bacon Act. Title III: Civilian Personnel - Repeals a provision which generally prohibits the civil service employment of retired military personnel within 180 days of their retirement. Provides for the waiver of performance rating appraisals for temporary DOD employees serving less than one year unless such individuals are being considered for a pay increase or reappointment. Authorizes reimbursement to Federal employees for house hunting trips to Alaska and Hawaii. (Currently, such reimbursement is permitted for trips only within the continental United States.) Includes employees or family members assigned to Alaska or Hawaii and employees who have signed mandatory mobility agreements as a condition of employment among those for whom transportation of remains, dependents, and effects are authorized. Includes the Republic of Panama as a post of assignment for which separate maintenance allowance may be authorized. Authorizes the President to adjust the maximum ten-dollar remote worksite allowance when considered necessary to alleviate deterrents to hiring and retaining employees at remote work sites. Repeals the requirement that the Congress must authorize civilian personnel end strengths for each component of DOD. Provides that the management of civilian personnel in any fiscal year shall not be subject to any statutory end strength limitation or work year floor or minimum staffing level. Repeals provisions which place numerical limitations on the number of personnel assigned or detailed to management headquarters activities, management headquarters support activities, or to DOD headquarters staff. Amends the Demonstration Cities Metropolitan Development Act of 1966 to provide homeowners assistance to Federal employees and nonappropriated fund personnel serving overseas with reemployment rights when a base closure or reduction in the scope of activities is involved. Title IV: Real Property - Directs the Secretary of Defense to request the Administrator of General Services to dispose of land under the control of DOD that is determined to be excess property. Requires the Administrator to deposit half of the net proceeds to a special DOD account to meet DOD's national defense requirements. Permits the Secretary of the military department concerned to receive half of the net proceeds received as rent for leases of property under the control of DOD. Requires the remainder of such proceeds to be deposited in the Treasury as miscellaneous receipts. (Currently, all of such rent proceeds are deposited into the Treasury.)
![Official portrait of Rep. Hopkins, Larry J. [R-KY-6]](https://www.congress.gov/img/member/18f7e3fefb41424aaf338c3023b86b07_200.jpg)