United States · United States Congress · 22 October 1990
Money Laundering Enforcement Amendments of 1990 - Amends the Bank Conservation Act, the Home Owners' Loan Act, the Federal Deposit Insurance Act, and the Federal Credit Union Act to authorize the appointment of a conservator for a depository institution convicted of money laundering offenses (including insured Federal and State savings associations and State banks). Exempts from conservatorship any such institution whose ownership or control has changed after commission of the offense and whose new owner or controlling person was not affiliated with it at the time of the offense. Amends the Revised Statutes, the Home Owners' Loan Act, and the Federal Credit Union Act to prescribe guidelines for the revocation of depository institutions' charters and forfeiture of franchises upon conviction for money laundering offenses (including the conviction of senior level management for such offenses). Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to prescribe guidelines for: (1) the termination of the insured status of State depository institutions, including State chartered credit unions convicted of money laundering; and (2) to authorize the removal of any party from office or its suspension from participation in the affairs of the institution if the party is determined to have committed certain currency reporting violations. Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to require specified regulatory agencies to include in their annual reports to the Congress the identification of depository institutions convicted of money laundering offenses and the agencies' enforcement activities. Amends the Federal criminal code to require the Attorney General to notify the appropriate regulatory agency in writing if any financial institution or its personnel has been convicted of certain money laundering offenses. Amends Federal law regarding monetary transactions to authorize the Secretary of the Treasury to: (1) impose civil money penalties upon a financial institution for negligent violations of this Act or for a pattern of negligent violations; and (2) order a depository institution to request that its customers submit cash transaction reports. Amends Federal law regarding money transactions to direct the Secretary of the Treasury to: (1) prescribe regulations requiring each depository institution to file identification reports regarding certain financial institution customers; and (2) make such reports available to State financial institution supvervisory agencies for supervisory purposes. Expresses the sense of the Congress that the States should: (1) establish uniform regulations and licensing requirements (meeting specified criteria) for non-depository institutions engaged in check cashing businesses; and (2) develop a model statute incorporating such uniform regulations. Requires the Secretary to study and report to the Congress on the progress made by the States in enacting uniform legislation. Expresses the sense of the Congress that the States should consider, in connection with such uniform legislation, whether fee limitations are appropriate with respect to money cashing or redemption activities. Amends the Federal criminal code to establish criminal penalties for persons participating in an illegal money transmitting business. Amends the Federal Deposit Insurance Act to direct the Secretary to promulgate final regulations requiring insured depository institutions and businesses involved in funds transfers to maintain records of certain kinds of payment orders involving international transactions that will have a high degree of usefulness in criminal, tax, or regulatory investigations or proceedings. Mandates that such records be made available to the Secretary upon request. Prohibits a financial institution or its personnel from disclosing the existence of a Federal information targeting order except as prescribed by the Secretary. Authorizes the Secretary of the Treasury and the Attorney General to issue civil enforcement and prosecutorial guidelines for currency transactions. Amends the Bank Secrecy Act to require a person to certify to the relevant financial institution in writing under penalty of perjury the basis for requesting an exemption from cash transaction reporting requirements. Requires an annual update of such certification. Requires the Secretary to make currency transaction reports available to any State depository institution's supervisory agency. Requires the Secretary to: (1) submit periodic status reports to the Congress regarding the use of currency transaction reports and related enforcement activities; and (2) establish an Advisory Group on Reports on Monetary Instruments Transactions to serve as a conduit between the Federal and private sectors regarding the status of currency transaction reporting activities. Requires the Board of Governors of the Federal Reserve System to provide, at the Attorney General's request, information regarding the cash surplus reports of the Federal Reserve banks which may be relevant to investigations under this Act. Requires the Secretary to establish a study group to evaluate: (1) the feasibility of electronic scanning of Federal Reserve notes; and (2) the impact of such scanning upon the rights of individuals to financial privacy. Requires the Comptroller General to study and report to the Congress on the feasibility of a "Financial Crimes Enforcement Network" proposed to be established among Federal agencies and banking agencies. Requires the Secretary of the Treasury to: (1) collect and maintain information on amounts and denominations of currency confiscated in connection with drug seizures and drug-related money laundering operations, as well as the total dollar amount of each denomination of such notes and currency; (2) develop a plan to collect the same information from State and local agencies; (3) report to the Congress on such plan, together with biannual summaries of the information collected; and (4) report to the Congress on the need for additional information regarding how frequently $50 and $100 notes are used in drug trafficking and other illegal activities, and the possible deterrent effect the withdrawal of such notes would have on such activities. Directs such Secretary to report to certain congressional committees on the advantages and disadvantages of: (1) changing the physical format of United States currency for money laundering enforcement purposes; or (2) using a different color for United States currency in circulation out the United States. Amends the Right to Financial Privacy Act to provide that financial records transferred by a regulatory agency to the Secretary of the Treasury for possible criminal violations shall be used only for criminal investigative or prosecutive purposes relating to money laundering by the Department of the Treasury. Amends the Federal Deposit Insurance Act to establish additional whistleblower protections for employees of depository institutions and Federal regulatory agencies who provide information about possible banking law violations. Subjects to certain cash reporting requirements any officer or office of either House of the Congress which provides check cashing or deposit services for Members of Congress. Amends the Right to Financial Privacy Act to exempt from its protections possible crimes committed by insiders against financial institutions with respect to money laundering and/or monetary transactions in property derived from specified unlawful activity. Amends Federal law relating to international monetary instrument transaction reporting requirements to prohibit: (1) failure to file the requisite reports; (2) filing material omissions or misstatements of facts in such reports; and (3) participation in structuring any importation or exportation of monetary instruments.
United States · United States Congress · 27 September 1990
Account Fraud and Deception Prevention Act of 1990 - Amends the Electronic Fund Transfer Act to prohibit preauthorized transfers from a consumer's account which are made on the basis of: (1) any form of negotiation of any check by the consumer; and (2) a provision contained on any check negotiated by a consumer.
United States · United States Congress · 21 September 1990
Amends the Public Health Service Act to extend to 48 (currently, 24) months after the effective date of specified provisions the deadline for filing certain petitions for compensation under the National Vaccine Injury Compensation Program.
United States · United States Congress · 14 September 1990
Amends the Railroad Retirement Solvency Act of 1983 to extend for two years provisions for the transfer of tier 2 railroad retirement benefit taxation revenues from the general fund of the Treasury to the Railroad Retirement Account.
United States · United States Congress · 13 September 1990
Deposit Insurance Funds Protection Act of 1990 - Amends the Federal Deposit Insurance Act to repeal the specified maximum assessment rates for Bank Insurance Fund members and Savings Association Insurance Fund members. Directs the Federal Deposit Insurance Corporation to: (1) set assessment rates for insured depository institutions at such times as it determines, in its sole discretion, to be appropriate; and (2) provide public notice of assessment rate changes within a 60 day time-frame.
United States · United States Congress · 11 September 1990
Desert Shield Burden-Sharing Act of 1990 - Directs the President to determine whether each foreign country that receives trade benefits from the United States is making a commensurate contribution to the multinational military mobilization carried out in response to the Iraqi invasion of Kuwait. Requires the President to impose an additional duty on dutiable products and a duty on duty-free products of countries that are found not to be contributing to the mobilization. Provides for the termination of such duties. Establishes the Desert Shield Reimbursement Fund to receive duties collected under this Act. Makes the Fund available solely to reimburse appropriations made to support U.S. participation in the mobilization.
United States · United States Congress · 5 September 1990
Amends the Internal Revenue Code to reinstate the windfall profit tax on domestic crude oil. Terminates such tax after the last full month the Resolution Trust Corporation is in existence. Appropriates revenues received from such tax to the Corporation.
United States · United States Congress · 3 August 1990
Black Lung Benefits Restoration Act of 1990 - Title I: Interim Presumption of Eligibility for Black Lung Benefits - Amends the Black Lung Benefits Act (the Act) to provide for a rebuttable presumption of disability due to pneumoconiosis with respect to certain coal miners whose claims were filed during a specified period under the Black Lung Benefits Program. Establishes such presumption if a single piece of qualifying evidence is presented. Provides that other relevant medical evidence shall be considered only in connection with rebuttal of the presumption. Title II: Claims Review - Directs the Secretary of Labor (the Secretary) to review any black lung benefits claim filed under the Act either with the Department of Labor before April 1, 1980, or with the Social Security Administration at any time. Requires such review to follow certain guidelines established before and by the enactment of the Black Lung Benefits Reform Act of 1977, and to disregard amendments made after such enactment. Requires immediate payment of claims approved under such review. Requires, in the case of claims rejected under such review, the claimant to be given an opportunity to present additional medical or other evidence. Requires benefits granted under such review to be assessed against the Black Lung Disability Trust Fund. Title III: Repayment of Benefits - Provides that, when black lung benefits under the Act are paid for at least two years after an initial determination of eligibility, repayment of such benefits will not be required even upon a final determination of ineligibility. Title IV: To Extend the Moratorium on Interest Owed by the Black Lung Disability Trust Fund to the United States Treasury - Extends through FY 1995 the current moratorium on interest owed to the Treasury by the Black Lung Disability Trust Fund. Title V: Contingency Fee Arrangements - Establishes under the Act a contingency fee arrangement system under which an attorney may be paid up to 25 percent of the black lung benefits paid to the claimant during specified periods of representation by such attorney.
United States · United States Congress · 3 August 1990
Provides that former air traffic controllers shall not, as a class, be considered unsuitable or ineligible for: (1) positions as air traffic controllers in the Federal Aviation Administration (FAA) or the Department of Defense; or (2) positions in the FAA other than air traffic controller positions. Requires the Secretary of Transportation and the Director of the Office of Personnel Management to take action to ensure that in each of FY 1991 and 1992, at least 500 former controllers are appointed to permanent, full-time positions as air traffic controllers in the FAA. Provides for a waiver of the maximum-age limitation applicable to such appointments. Prescribes procedural guidelines for competitive and non-competitive appointments of such controllers. Precludes an applicant's role in the 1981 strike from being considered when making a determination of suitability for an air traffic controller position. Requires the Secretary of Transportation and the Secretary of Defense to prescribe regulations under which the appointment of a former controller to an air traffic controller position within their respective departments shall not become final unless a probationary period has been successfully completed. Sets forth guidelines for the computation of creditability of service for retirement purposes. Expresses the sense of the Congress that such reinstatements should not: (1) cause the separation or reduction in grade of any other air traffic controller; or (2) interfere with training opportunities which would otherwise be afforded to air traffic controllers seeking to become fully qualified.
United States · United States Congress · 2 August 1990
Airline Passengers Defense Act of 1990 - Directs the Secretary of Transportation to establish in the Department of Transportation an Office of Airline Passenger Advocacy. Establishes the Office of Airline Passenger Advocacy Advisory Group. Amends the Federal Aviation Act of 1958 to prohibit air carriers from cancelling a flight within 72 hours of its scheduled departure time for any reason, except for safety reasons or the absence of any passengers at such departure time. Requires air carriers which cancel such flights for safety-related reasons to report to the Secretary on the cancellation, the reasons for it, and actions taken to resolve the safety-related problem. Requires air carriers to notify their passengers of any delays of 15 minutes or more in the departure or arrival of scheduled flights. Requires an air carrier which cancels a flight in violation of this Act, or alters stopping places of such flight for any reason other than safety, to compensate passengers. Prohibits on-time performance of regularly scheduled flights from being 30 percent or less in any consecutive three-month period. Requires the Secretary to establish in the Office of Airline Passenger Advocacy a toll-free telephone number system for receiving passenger complaints relating to air service. Sets forth requirements relating to: (1) ticket information; and (2) lost or damaged baggage claims. Sets forth civil penalties for economic cancellations and consistently delayed flights by air carriers.
United States · United States Congress · 30 July 1990
Amends the Wild and Scenic Rivers Act to designate certain segments of the Allegheny River in Pennsylvania as a component of the National Wild and Scenic Rivers System. Requires the Secretary of Agriculture to establish the Northern Advisory Council and the Southern Advisory Council to advise on the establishment of final boundaries and the management of the Allegheny National Recreation River. Authorizes appropriations.
United States · United States Congress · 30 July 1990
Savings and Loan Fraud Money Recovery Act of 1990 - Amends the Federal criminal code to provide for civil forfeiture of property traceable to: (1) fraudulent activities involving financial institutions; and (2) concealment of assets from the Federal conservator or receiver of an insured financial institution. Increases from 20 years to 40 years the maximum prison term for certain bank fraud and embezzlement convictions. Establishes as a Federal criminal offense the concealment of assets from a Federal conservator or receiver of an insured financial institution. Amends the Federal Deposit Insurance Act to grant the Federal Deposit Insurance Corporation (FDIC) (acting as receiver or conservator) subpoena powers. Restricts the exercise of such powers to the Board of Directors. Requires the Resolution Trust Corporation to obtain written approval of the FDIC Board before exercising any of its subpoena powers. Amends the Federal Home Loan Bank Act to direct the Resolution Trust Corporation to maintain a Fraud and Enforcement Review Division to: (1) advise it with respect to actions against institution-affiliated parties; and (2) report semiannually to certain congressional committees regarding the coordinated pursuit of claims. Amends the Federal Deposit Insurance Act to require the FDIC to maintain a Fraud and Enforcement Review Division to: (1) advise it with respect to actions against institution-affiliated parties of insured depository institutions for which it has been appointed conservator or receiver; and (2) report semiannually to certain congressional committees regarding the coordinated pursuit of Federal claims. Grants priority over all non-Federal claims to claims brought by the FDIC against an institution-affiliated party of an insured depository institution after the date of enactment of the Financial Crimes Prosecution and Recovery Act of 1990. Sets forth an expedited procedures schedule for appeals of FDIC orders. Amends Federal criminal law to provide for civil and criminal forfeiture of property that is traceable to certain fraudulent activities relating to the sale of assets by the Resolution Trust Corporation or the FDIC. Amends the Federal bankruptcy code to preclude from a discharge in bankruptcy: (1) a debtor's responsibility to maintain the capital of an insured depository institution; (2) court-ordered restitution in any criminal proceeding arising from any act that caused loss to a financial institution; and (3) any order issued by a court or Federal financial institutions regulatory agency arising from breach of fiduciary duty to a financial institution. Precludes rejection by the debtor of any commitment to a Federal regulatory agency to maintain the capital of an insured depository institution. Amends Federal criminal law to include within the scope of money laundering specified fraudulent activities relating to financial institutions. Amends the Federal Deposit Insurance Act to authorize the FDIC to prohibit an insured depository institution from making: (1) golden parachute or indemnification payments; and (2) certain payments (including salary or legal expenses) in anticipation of such institution's insolvency. Amends the Federal Deposit Insurance Act and the Federal Home Loan Bank Act to prohibit certain institution-affiliated parties from purchasing the assets of an institution in conservatorship or receivership if such institution-affiliated party caused a substantial loss to either the institution, the FDIC, or the Resolution Trust Corporation.
United States · United States Congress · 19 July 1990
State Thrift Deposit Insurance Premium Act of 1990 - Amends the Federal Deposit Insurance Act to direct the Federal Deposit Insurance Corporation to determine and apportion among the States the cumulative cost of Federal assistance provided to State-chartered savings associations for case resolutions. Declares as "high risk" any State whose share of State resolution costs exceeds twice its share of 1980 State deposits. Mandates that each high risk State pay to the Savings Association Insurance Fund prescribed premiums reflecting such risk. Sets forth insurance termination procedures if a State fails to pay the required premium. Requires depositor notification of such insurance termination.
United States · United States Congress · 11 July 1990
Savings and Loan Asset Recovery Act - Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to allow a person to bring a civil action for a violation with respect to a federally insured financial institution in the same manner and subject to the same procedures as a person may bring an action under Federal law with respect to civil actions for false claims.
United States · United States Congress · 10 July 1990
Designates September 16 through 22, 1990, as National Rehabilitation Week. Urges each State Governor and local government chief executive to issue proclamations calling upon their citizens to observe such week with appropriate ceremonies and activities.
United States · United States Congress · 26 June 1990
Indoor Air Quality Act of 1990 - Directs the Administrator of the Environmental Protection Agency (EPA) to establish a national research, development, and demonstration program to ensure the quality of indoor air and to coordinate and accelerate efforts related to the causes, detection, and correction of contaminated air. Authorizes the Administrator to assist technology demonstration projects which reduce exposure to indoor air contaminants, provided certain conditions are met. Limits Federal funding for such projects to 75 percent of the total costs. Directs the Administrator to consider indoor human exposure to contaminants when developing air quality standards and emissions standards for hazardous air pollutants under the Clean Air Act. Requires the Administrator to: (1) conduct a national assessment to survey the seriousness and extent of indoor air contamination in buildings owned by local educational agencies and child care facilities; and (2) establish an advisory group of interested parties to provide guidance and direction in developing such assessment. Directs the Administrator to enter into an agreement with the National Academy of Sciences (NAS) for the Board on Environmental Studies and Toxicology to study and report to the Congress on chemical sensitivity disorders. Requires the Administrator to enter into an agreement with the NAS for the Institute of Medicine to study indoor allergens. Directs the Administrator to publish bulletins providing an assessment of technologies and management practices for the control and measurement of indoor air contaminants. Requires the Director of the National Institute for Occupational Safety and Health to develop a model indoor air quality training course to provide training in ventilation system operation and maintenance and in identifying and reducing indoor air contaminant exposures. Authorizes the Director to establish a fee for such training. Requires the Administrator to publish health advisories on indoor air contaminants that are known to occur at concentrations which may have adverse human health effects. Lists substances to be addressed by such advisories. Provides for the revision of advisories at least every five years. Requires a technology and management practice bulletin to be published concurrently with each advisory addressing a specific contaminant. Directs the Administrator to publish a strategy for a national response to indoor air quality problems. Requires the Administrator to conduct research on radon and radon progeny measurement methods and protocols. Directs the Administrator to issue guidance documents that: (1) provide information on the results of such research; and (2) describe model State radon measurement and mitigation programs. Requires the Administrator to establish a mandatory program that requires: (1) products offered for sale, or devices used in connection with public services, for radon measurement to meet minimum performance criteria; and (2) operators of devices, or persons employing techniques, used in connection with public services for radon measurement to meet minimum proficiency levels. Directs the Administrator to establish user fees for persons seeking certification under such program. Provides for the deposit of such fees into a Radon Service Account. Requires the national indoor air quality response strategy to evaluate: (1) the range and reliability of indoor air quality diagnostic and mitigation services; and (2) the range of knowledge and mastery of indoor air quality and energy efficiency techniques of ventilation system operators. Provides for the biennial update of such strategy. Requires the Director to: (1) develop a program to evaluate indoor air contamination in Federal buildings; and (2) develop and disseminate to all Federal agencies a model indoor air quality remediation program. Directs Federal agencies responsible for Federal buildings to submit to the Director a specific remediation program for each building, with priority given to buildings based on the health threat and numbers of persons exposed. Requires the Director to review at least five percent of such programs and assess their ability to improve indoor air quality. Directs such agencies to implement systematic programs for the assessment of indoor air quality and the correction of conditions resulting in inadequate air quality. Requires Federal agencies responsible for the design and construction of buildings for Federal occupancy to employ up-to-date design, commissioning, and operating practices for optimal indoor air quality and energy efficiency. Directs persons entering into new leases or lease renewal contracts for Federal buildings to require building owners to demonstrate and guarantee that the building is operating at design specifications for the existing ventilation system and that all portions of the building are accessible for indoor air quality monitoring and evaluation. Provides that buildings that operate at current ventilation rate standards shall be given priority for leasing when available at competitive cost. Requires Federal agencies to designate an Indoor Air Quality Coordinator for each Federal building. Directs Coordinators and their assistants to complete an indoor air training course. Authorizes grants to: (1) States for the development and implementation of indoor air quality management strategies; and (2) States and local air pollution control agencies for air quality response programs. Sets forth grant limitations and selection criteria. Directs the Administrator to establish the Office of Indoor Air Quality within the EPA Office of Air and Radiation. Establishes a Council on Indoor Air Quality to coordinate Federal indoor air quality activities and review and comment on the national indoor air response strategy. Requires the Indoor Air Panel of the EPA Science Advisory Board to be expanded to include technical advisors with expertise in technologies and management practices for the control and measurement of indoor air contaminants. Directs the Administrator to establish a national indoor air quality clearinghouse which shall operate a toll-free hotline on indoor air quality. Requires the Director to implement a building Assessment Demonstration Program to support the development of methods, techniques, and protocols for assessing indoor air contamination in non-residential, non-industrial buildings and to provide contamination reduction assistance and guidance to building owners and occupants. Sets forth building assessment report requirements. Repeals the Radon Gas and Indoor Air Quality Research Act of 1986. Authorizes appropriations.
United States · United States Congress · 26 June 1990
House of Representatives Election Campaign Reform Act of 1990 - Amends the Internal Revenue Code to: (1) establish the House of Representatives Campaign Trust Fund (the Fund) within the Treasury; (2) provide a 100 percent tax credit for the first $200 in contributions an individual makes to a House candidate running for election in the State in which the individual is a resident if such contributions are not transmitted through an intermediary; and (3) provide for a $2 tax check-off on Federal income tax returns to be paid to the Fund. Amends the Federal Election Campaign Act of 1971 to: (1) reduce from $5,000 to $2,000 the maximum amount of contributions a multicandidate political committee may make to any candidate for Federal office per election; (2) prohibit a House candidate from establishing, maintaining, or controlling a political committee, other than an authorized committee of the candidate or a committee of a political party; (3) require a House candidate to report to the Federal Election Commission all contributions totaling at least $25,000, in contributions of $200 or less from individual residents of the State from which the candidate is running in order to receive matching payments for the first $200 in individual contributions up to a maximum amount of $300,000; (4) require the Commission to certify to the Secretary of the Treasury such amounts reported; (5) require a House candidate to certify to the Commission that neither he or she, nor any family members, will furnish more than $100,000 from personal funds for the election; (6) allow the opponents of a House candidate who refuses to make such a certification to receive matching funds for up to $1000 in contributions from individuals regardless of their State residence; (7) allow opponents of a House candidate who violates such a certification to receive from the Fund payments equal to the amount of personal funds furnished for the election in excess of $100,000; (8) allow a House candidate who is certified and is notified by the Commission that he or she is the target of an independent expenditure in excess of $10,000 to receive from the Fund payments equal to 300 percent of the amount of such independent expenditures; (9) require that excess campaign funds be repayed to the Fund on a pro rata basis; (10) require any persons who make independent expenditures in excess of $10,000 to report such independent expenditures to the Commission within 24 hours and to file with the Commission a statement as to which candidate such expenditures are intended to help or hurt; and (11) require the Commission to notify each candidate in the House election of such independent expenditures within 24 hours. Amends the Communications Act of 1934 and the Federal Election Campaign Act of 1971 to, respectively: (1) require broadcast stations to offer their lowest rates for broadcasts which are one to five minutes in length to House candidates who have made a certification that they will limit personal spending to $100,000; and (2) require the inclusion of a statement that a House candidate has not agreed to abide by the spending limits where appropriate in broadcast or print advertisements which solicit contributions or expressly advocate the election or defeat of a clearly identified candidate. Sets forth penalties for violations of this Act. Authorizes appropriations.
United States · United States Congress · 21 June 1990
Applies provisions prohibiting executive agency employees from requesting or receiving from, or giving to, a Federal employee, Member of Congress, or uniformed service officer a thing of value for political purposes to executive agency employees appointed by the President and confirmed by the Senate (presidential appointees). Amends the Hatch Political Activity Act to remove as exceptions to the prohibition on active participation in political management and political campaigns: (1) employees paid from the appropriation for the office of the President; (2) executive or military department heads or assistant heads; (3) presidential appointees who determine foreign or domestic policy; and (4) the Recorder of Deeds of the District of Columbia. Excludes the President and Vice President from such prohibition.
United States · United States Congress · 21 June 1990
Expresses the sense of the House of Representatives that the memory of Walt Disney should be honored on the 35th anniversary of his contribution to the American dream (the opening of Disneyland).
United States · United States Congress · 20 June 1990
Establishes the Financial Services Crime Division within the Department of Justice (DOJ), to be headed by an Assistant Attorney General (AAG). Requires the AAG to be responsible for ensuring that all investigations and prosecutions are coordinated within DOJ to: (1) provide the greatest use of civil proceedings and forfeitures to attack the financial resources of those who have committed fraud or engaged in other criminal activity in or against the financial services industry; and (2) ensure that adequate resources are made available in connection with criminal investigations and prosecutions of fraud and other criminal activity in the industry. Establishes the position of Deputy Assistant Attorney General of the Division. Designates all field offices established by the Attorney General for purposes of this Act as the Financial Services Crime Division Strike Forces. Requires the Division to coordinate its activities with other Federal agencies in the investigation and prosecution of crime in the financial services industry. Requires semiannual Division reports to the Congress. Authorizes appropriations.
United States · United States Congress · 20 June 1990
Savings and Loan Accountability and Management Reform Act of 1990 - Amends the Federal criminal code to authorize the Secret Service, concurrent with any other Federal law enforcement agency, to investigate financial institutions, bank and loan officers, loan transactions, and related employees and activities in connection with financial institution crimes.
United States · United States Congress · 14 June 1990
Financial Crimes Prosecution and Recovery Act of 1990 - Title I: National Commission on Financial Crimes - Establishes the National Commission on Financial Crimes to investigate fraud and abuse in the financial services industry and to recommend procedures for improving interagency cooperation and tactics for law enforcement officers in the investigation and prosecution of financial crimes. Sets forth provisions with respect to the membership, powers, pay, reporting requirements, and termination of the Commission. Title II: Improvements in Administration of the Department of Justice - Directs the Attorney General to establish a financial crimes strike force in each Federal judicial district which is in the top quartile of such districts with respect to the total number of criminal referrals filed with the Attorney General by the appropriate Federal banking agencies relating to residents of, or persons located in, such district. Provides for local control of each such strike force, through the U.S. Attorney for such district, except as otherwise provided by the Attorney General. Sets forth provisions regarding pay for attorneys on financial crimes strike forces. Directs the Attorney General to: (1) establish a merit system to recognize and reward outstanding efforts of individuals engaged in the investigation and prosecution of financial crimes; (2) prohibit any U.S. attorney or any other attorney employed by the Department of Justice from taking into account the dollar amount of any loss incurred in connection with any financial crime in making a determination with respect to the investigation or prosecution of such crime; and (3) prescribe by regulation that the investigation of any referral from an appropriate Federal banking agency related to a financial crime involving an insured depository institution in default or in danger of default, or of any troubled institution, be given priority in case management. Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to make specified civil money penalties collected under such Act available to the Attorney General to carry out any provision of law. Amends the Federal criminal code to grant specified officials of the Federal Bureau of Investigation administrative subpoena authority regarding specified financial crimes. Sets forth provisions: (1) with respect to standards governing production of items subpoenaed; and (2) granting persons complying in good faith with a summons or order issued under this Act and producing the materials sought immunity from civil liability to the consumer for such production or nondisclosure of such production. Title III: Improvements in the Administration of the FDIC and the RTC - Amends the Federal Deposit Insurance Act (FDIA) to grant subpoena authority to the Federal Deposit Insurance Corporation (FDIC) and the Resolution Trust Corporation (RTC) as a conservator or receiver or for carrying out authority with respect to an insured depository institution. Amends the Internal Revenue Code to grant the FDIC and the RTC access to Internal Revenue Service returns and return information upon written requests by the respective Board of Directors and upon certification by the Board that it has a substantial need for such returns or return information. Amends the FDIA to authorize Federal banking agencies, in conducting any investigation, examination, or enforcement action under such Act, to: (1) request the assistance of any foreign banking authority; (2) maintain an office outside the United States for such purposes; (3) provide assistance to a foreign banking authority, upon request, if the requesting authority is conducting an investigation involving a violation of laws or regulations relating to banking matters that the requesting authority administers or enforces; and (4) conduct such an investigation as is necessary to collect information and evidence pertinent to such a request without regard to whether the facts stated in the request also constitute a violation of U.S. law. Authorizes the FDIC and the RTC, as conservator or receiver of any insured depository institution, to request the assistance of any foreign banking authority and provide assistance to any such authority in accordance with this Act. Requires the FDIC and the RTC to each maintain a permanent office to coordinate foreign investigations or investigations on behalf of foreign banking authorities. Authorizes the Board of Directors of the FDIC to act in its own name and through its own attorneys in any action or proceeding in which the FDIC is an interested party, whether in its corporate capacity or as conservator or receiver for any insured depository institution. Grants priority to the FDIC over certain claims or actions filed or begun against an affiliated party of the insured depository institution by depositors, creditors, or shareholders of the institution after enactment of this Act. Authorizes the FDIC, as conservator or receiver for any insured depository institution, to avoid any transfer of interest of an institution-affiliated party or any transfer of interest or obligation of person determined to be a debtor of the institution that was made within five years of appointment of the FDIC as conservator or receiver, if such party made such transfer or incurred such liability with intent to hinder, delay, or defraud the insured depository institution. Specifies circumstances under which the FDIC may recover the property transferred or the value of such property. Sets forth provisions regarding prejudgment attachments of assets where an institution-affiliated party may be required to provide restitution to the institution or where the party is a debtor of the institution, and where the assets will be dissipated or otherwise placed beyond the jurisdiction of the court or FDIC before any recovery may be completed unless a trustee is appointed. Establishes criminal penalties for knowingly concealing assets or property from the FDIC or the RTC as a conservator or receiver for any insured depository institution. Requires each Federal banking agency to require directors of depository institutions to complete an educational course on their duties as directors every three years. Authorizes a court or the Attorney General to direct disclosures of matters occurring before a grand jury during an investigation of a banking law violation to identified personnel of a financial institution regulatory agency upon a finding of substantial need, subject to specified conditions. Excludes the payment of restitution under specified Acts including the FDIA from discharge under bankruptcy provisions. Amends the Federal criminal code to subject to civil forfeiture property which constitutes or is derived from proceeds traceable to mail fraud, or fraud by wire, radio, or television, affecting a financial institution. Amends the FDIA, the Federal Credit Union Act, the Revised Statutes, the Federal Reserve Act, the Bank Holding Company Acts of 1956 and 1970, and the Home Owners' Loan Act to permit the appropriate Federal banking agency, the FDIC, or, in the case of the latter statute, the Director, to apply to specified courts to recover from a depository institution administrative costs arising out of actions taken to recover a civil penalty. Title IV: Taxpayer Recovery Act - Taxpayer Recovery Act of 1990 - Makes an exception to a discharge in bankruptcy for: (1) restitution that the debtor has been ordered to pay by a State or Federal court in any criminal proceeding arising from an act that caused a loss to any bank, savings association, or credit union (bank); or (2) damages provided in any judgment, order, or consent decree entered in any State or Federal court, or in any settlement agreement entered into by the debtor, arising from any act involving fraud or reckless disregard for the law committed with respect to any such institution. Requires that any individual acting as a director, officer, or institution-affiliated party of a bank be considered to be acting in a fiduciary capacity with respect to such institution for purposes of a provision making an exception to a discharge from bankruptcy involving fraud or defalcation while acting in such capacity. Specifies that reliance by a creditor will not be required to establish an exception to discharge if the creditor is a financial regulatory agency that is a successor to a bank. Sets forth time limits for the filing of a complaint objecting to the discharge of a debt owed to: (1) a bank that is closed, is in receivership or conservatorship, or is sold to another bank in a transaction assisted by a financial regulatory agency; or (2) such an agency. Specifies that an individual debtor who has committed an act involving fraud or reckless disregard for the law or is subsequently adjudicated to have committed such an act during the pendency of his bankruptcy proceeding with respect to any bank that is in receivership or conservatorship or that is sold to another bank assisted by a financial regulatory agency shall not be exempt from: (1) more than $7,500 in value of the debtor's aggregate interest in any real property that the debtor uses as a residence: and (2) the debtor's interest in any insurance policy or annuity.
United States · United States Congress · 14 June 1990
Creates in the House of Representatives a Select Committee to Investigate Financial Institution Fraud, Mismanagement, Oversight, and Supervision to conduct a full and complete investigation and study of fraud, mismanagement, oversight, and supervision in federally and State insured financial institutions.
United States · United States Congress · 7 June 1990
Savings Association Law Enforcement Improvement Act of 1990 - Directs the Attorney General to: (1) take action to increase the investigation and prosecution of savings association criminal misconduct; (2) take increased action to recover or obtain restitution for losses incurred as a result of savings association fraud or embezzlement; and (3) make quarterly reports to certain congressional committees on the status of savings association criminal investigations and prosecutions and the progress in recovering amounts lost to fraud and embezzlement.
United States · United States Congress · 7 June 1990
Designates as South African Freedom Week the week in 1990 coinciding with the first visit of Nelson Mandela to the United States after his release from prison in South Africa.
United States · United States Congress · 6 June 1990
Federal Employee Placement and Retraining Act - Directs the Office of Personnel Management (OPM) to establish and maintain a list for priority placement of certain civilian Department of Defense (DOD) employees who are notified of separation due to a major reduction in force and have not declined offers of employment for other DOD positions within their commuting area for which they qualify and which will not provide a cut in pay. Requires DOD to fill vacant positions within a particular commuting area with the individuals listed to be placed in positions in that particular area unless there are no such individuals who are qualified for such positions. Grants individuals listed for priority placement who apply for agency positions for which they are qualified priority over individuals not so listed. Terminates an individual's eligibility to remain on such a list: (1) six months after the individual's separation; (2) upon the request of an individual to have his or her name removed from the list; or (3) upon such an individual's acceptance of an offer of employment for an agency position for which he or she is qualified and which will not result in a cut in pay. Requires the Secretary of Defense to file a certificate with the Administrator of OPM which identifies such DOD employees as eligible to apply for the following assistance made available under this title: (1) supplemental severance allowances; (2) supplemental wage allowance; (3) job search allowance; (4) relocation allowances; (5) job retraining programs; and (6) counseling, testing, and placement services and supportive and other employment services provided under any other Federal law. Entitles such employees to: (1) continued health insurance coverage while receiving severance pay if they pay the employee contributions required for such coverage; and (2) early retirement benefits. Requires the Administrator to provide notice and information to such employees about such assistance and the application procedures. Authorizes payment of a supplemental severance allowance to such employees who meet specified conditions concerning the length of former DOD employment. Requires such employees to be enrolled in or have completed a job retraining program approved by the Administrator unless the Administrator or the State or a State agency determines that such a program is not feasible or appropriate. Sets forth amounts of such allowances payable, reduced by any payments received during approved retraining. Requires such payments to be coordinated with benefits provided under other Federal training programs. Provides supplemental wage allowances in lieu of supplemental severance allowances to adversely affected workers covered by such a certification who accept full-time employment at an average weekly wage that is less than their average weekly wage during DOD employment. Limits the dollar amounts of such supplemental allowances. Allows such workers to file applications with the Administrator to receive allowances to cover a certain amount of the expenses of searching and relocating for other employment, under certain conditions. Authorizes the Administrator to approve worker training under specified conditions and give priority to on-the-job training. Requires such benefits to be coordinated with other Federal training programs. Outlines other training program conditions, requirements, and limitations. Directs the Administrator to make every reasonable effort to secure for such workers the employment services made available under this Act. Outlines provisions concerning: (1) agreements between the Administrator and a State for provision of such assistance; (2) the determination and provision of such assistance by the Administrator in the absence of any State agreement; (3) payments to States under an agreement concerning sums necessary to make such assistance payments to affected workers; (4) liabilities of certifying and disbursing officers; (5) fraud and the recovery of overpayments in the provision of such assistance; and (6) penalties in connection with the disclosure of false information to receive such assistance. Gives the Administrator subpoena power to make eligibility determinations under this Act. Authorizes appropriations to OPM for FY 1990 through 1995 to carry out this Act.
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 · 24 May 1990
Amends the Trade Act of 1974 with respect to the continuation of a waiver of human rights and emigration requirements for nondiscriminatory treatment (most-favored-nation treatment) for China during any 12-month extension of such waiver that takes effect after 1990. Conditions such continuation on good faith progress regarding human rights in such country, including Tibet, and the engagement of negotiations regarding the settlement of the conflict in Cambodia. Suspends any extension of such treatment for the last half of a 12-month period if the President does not certify to the Congress before a certain date that such conditions are being met.
United States · United States Congress · 23 May 1990
Requires the Secretary of Commerce to take appropriate measures for the 1990 census to ensure that: (1) no member of the armed forces shall be excluded based on being assigned to a post outside of the United States; and (2) each such member is enumerated at such member's home of record.
United States · United States Congress · 21 May 1990
National Advisory Council on the Public Service Act of 1990 - Establishes the National Advisory Council on the Public Service to: (1) assess the state of the Federal workforce; (2) seek to attract individuals of the highest caliber to national public service careers and to encourage them and other individuals already working for the Government to make a continuing commitment to national public service; (3) promote a better public understanding of the role of Federal employees in implementing Government programs and policies and otherwise seek to improve the public perception of Federal employees; (4) encourage efforts to build student interest in performing such service; and (5) develop methods for improving motivation and excellence among Federal employees. Terminates the Council upon the submission of its final report on its findings and recommendations due within three years after its first meeting. Authorizes appropriations.
United States · United States Congress · 16 May 1990
Medigap Fraud and Abuse Prevention Act of 1990 - Amends title XVIII (Medicare) of the Social Security Act to penalize individuals who issue, sell, or renew Medicare supplemental policies which are in violation of this Act's standards or offer to sell a policy in a State that has not approved such policy. Requires that Medicare supplemental policy issuers: (1) cover a core group of basic benefits and, if they offer other benefits, issue a policy covering only such basic benefits; (2) provide prospective purchasers of a policy with a summary information sheet describing policy benefits and the amount of any premiums attributable to optional benefits; (3) guarantee the renewability of policies; (4) offer each group policyholder terminating their coverage or group membership the right to continued coverage under an individual policy (the policyholder ending his or her group membership may also opt for continued coverage under the group policy) or, if the old group policy is replaced by a new group policy, the right to coverage under a new group policy without exclusion for preexisting conditions; and (5) suspend policy benefits and premiums upon the policyholder's indication that he or she is entitled to Medicaid (title XIX of the Social Security Act) benefits. Requires the National Association of Insurance Commissioners (NAIC) or, upon the NAIC's default, the Secretary of Health and Human Services to promulgate simplification standards which set the core group of basic benefits policies must provide, limit the additional benefit packages that may be provided, and establish a uniform language and format to be used with respect to policy benefits. Prohibits the sale of policies which do not meet such standards, though permits approved waivers of such standards to test new or innovative benefits. Directs the Secretary to request the NAIC to educate Medicare beneficiaries on the simplification standards. Increases the civil monetary penalty for knowingly selling a policy which duplicates health benefits to which an individual is already entitled. Permits persons aggrieved by duplicative coverage to recover triple damages in a civil suit. Prohibits a policy issuer from selling a policy without: (1) obtaining a written statement of the buyer indicating any health policies of the same type or Medicaid coverage the buyer may have; and (2) notifying the buyer of the possibility and effect of their coverage under the Medicaid program and the address and telephone number of any State Medicare supplemental policy counseling program and the State Medicaid office. Prohibits the issuer from selling a policy to a person who indicates that he or she is covered by the Medicaid program or has duplicative health benefits. Penalizes individuals who sell a policy in violation of such requirements. Increases the percentage of premiums which must be returned to policyholders as benefits. Establishes a process whereby States must approve premium increases prior to their implementation. Requires public hearings for any premium increase request exceeding twice the percentage increase in the medical care component of the consumer price index. Limits Medicare supplemental policy sales commissions. Authorizes appropriations for a matching grant program to assist States in establishing counseling programs to aid Medicare-eligible individuals in choosing Medicare supplemental policies. Prohibits such policies from denying a claim for losses incurred more than six months from the effective date of coverage for a preexisting condition.
United States · United States Congress · 10 May 1990
Small Business Reauthorization and Amendments Act of 1990 - Amends the Small Business Act to authorize appropriations for specified programs through FY 1994. Authorizes transfers from the disaster loan revolving fund for the administrative expenses of the Small Business Administration (SBA). Modifies the pro rata share guidelines for grant recipients in the small business development center program. Revises the assistance guidelines for small business development center assistance programs. Authorizes the Administrator of Small Business (the Administrator) to make grants or enter into contracts with a State for the purpose of contracting with small businesses to plant trees on State or local government-owned lands. Authorizes appropriations. Requires the Administrator to report annually to the President and the Congress regarding the small business tree planting program. Amends the Small Business Administration Reauthorization and Amendment Act of 1988 to extend through FY 1994 the interest rate guidelines for certified development company loans. Modifies the functions of the Office of International Trade. Amends the Business Opportunity Development Reform Act to authorize the Commission on Minority Business Development to accept funds from any other Federal department or agency. Amends the Small Business Act to authorize the President to appoint an SBA Deputy Administrator. Provides guidelines under which a Federal procurement activity which does not solicit small businesses shall document its reasons to the SBA. Amends the Small Business Investment Act of 1958 to direct the SBA to develop a plan for greater outreach of procurement and export trade seminars in rural areas. Sets forth funding standards for small business concerns whose eligibility for SBA assistance is premised upon providing expanded job opportunities. Revises the guidelines for SBA loan guarantees of development company debentures held by family business interests. Sets forth criteria for State development companies' eligibility for SBA assistance.
United States · United States Congress · 10 May 1990
Establishes in the House of Representatives the Select Committee on Waste, Fraud, and Abuse in Federal Agencies to conduct a full and complete investigation of waste, fraud, and abuse in Federal agencies.