To designate the second Sunday in October of 1990 as "National Children's Day".
United States · United States Congress · 21 February 1990
Designates the second Sunday in October 1990 as National Children's Day.
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United States · United States Congress · 21 February 1990
Designates the second Sunday in October 1990 as National Children's Day.
United States · United States Congress · 21 February 1990
Designates March 10, 1990, as Harriet Tubman Day.
United States · United States Congress · 7 February 1990
Amends the Automobile Information Disclosure Act to make its labeling and entry requirements applicable to light duty trucks (of not more than 8,500 pounds) manufactured after October 1, 1990.
United States · United States Congress · 7 February 1990
Grants a Federal charter to the Retired Enlisted Association, Incorporated.
United States · United States Congress · 7 February 1990
Savings and Economic Growth Act of 1990 - Title I: Capital Gains Provisions - Subtitle A: Reduction in Capital Gains Tax - Amends the Internal Revenue Code to reduce the capital gains rate for noncorporate taxpayers through a deduction of: (1) 30 percent for assets held at least three years; (2) 20 percent for assets held at least two years; and (3) ten percent for assets held at least one year. Provides for the treatment of collectibles as short-term gains or losses (making them ineligible for such deduction). Disallows the capital gains deduction in computing the alternative minimum tax. Subtitle B: Depreciation Recapture - Provides for the treatment of gain from the disposition of certain depreciable realty as ordinary income. Title II: Home Ownership and Savings Incentives - Allows an exemption from the ten-percent additional tax on early distributions from qualified retirement plans up to $10,000, if the distribution is used to make a first-home purchase at a cost of no more than 110 percent of the median home price in the geographic area where the residence is located. Allows an individual (other than a dependent) to establish a family savings account for the exclusive benefit of an individual and the individual's beneficiaries. Limits contributions to such accounts to $2,500 for the taxable year, if the individual's adjusted income does not exceed $60,000 ($120,000 in the case of joint returns). Subjects the family savings account to the tax imposed on unrelated business income of tax-exempt organizations. Provides that distributions paid out of such accounts shall not be included in gross income, except for earnings on contributions held less than seven years. Establishes a ten-percent additional tax on earnings on contributions held less than three years.
United States · United States Congress · 7 February 1990
Designates March 25, 1990, as Greek Independence Day: A National Day of Celebration of Greek and American Democracy.
United States · United States Congress · 7 February 1990
Designates April 1990 as National Recycling Month.
United States · United States Congress · 7 February 1990
Designates the period of November 18 through November 24, 1990, as National Adoption Week.
United States · United States Congress · 7 February 1990
Expresses the sense of the Congress that the Office of the United States Trade Representative should utilize the trade mechanisms available to it to require foreign countries that tolerate the production and export of illicit narcotics to address the elimination of such production and export in a serious and effective manner.
United States · United States Congress · 6 February 1990
Designates August 7, 1990, as National Neighborhood Crime Watch Day.
United States · United States Congress · 5 February 1990
Designates September 21, 1990, as National POW/MIA Recognition Day. Recognizes the National League of Families POW/MIA flag as the official symbol of the United States' commitment to resolving the fates of Americans still prisoner or missing in action in Southeast Asia.
United States · United States Congress · 1 February 1990
Money Laundering Prevention and Payment System Protection Act of 1990 - Expresses the sense of the Congress that the States should: (1) establish a uniform regulatory scheme for non-depository institutions engaged in money transactions (such as check cashing services, money orders, and travelers checks; and (2) develop a model statute to regulate such services (including licensing standards and civil and criminal penalties for noncompliance). Requires the Secretary of the Treasury to report to the Congress the results of a study of the progress made by the States in developing and enacting such a model statute.
United States · United States Congress · 30 January 1990
Violent Crime Control and Criminal Procedures Reform Act of 1989 - Title I: Federal Death Penalty Act of 1989 - Federal Death Penalty Act of 1989 - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading of the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Sets forth special aggravating factors with respect to the crimes of treason, espionage, homicide, and attempted murder of the President. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant in its consideration of the sentence. Establishes procedures for appeal from a death sentence. Requires the Court of Appeals, upon considering the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under influence of passion, prejudice, or arbitrariness; and (2) the information supports the finding of aggravating factors. Requires the court to provide a written explanation of its determination. Prohibits requiring any employee of any State department of corrections, the Federal Bureau of Prisons, or any provider of services under contract to participate in any execution if contrary to his or her moral or religious convictions. Limits the circumstances under which the offense of delivering defense information to aid foreign governments is punishable by death. Provides for the imposition of the death penalty for: (1) murders committed by prisoners in Federal correctional institutions; (2) kidnappings which result in the death of any person; (3) attempting to kill the President of the United States (if such attempt results in bodily injury or comes dangerously close to causing the President's death); (4) murder in the aid of a racketeering activity; (5) engaging in a criminal enterprise activity which results in death; and (6) other specified offenses. Title II: Reform of Procedures for Collateral Review of Criminal Judgments - Reform of Federal Intervention in State Proceedings Act of 1989 - Amends the Federal judicial code to condition consideration of a habeas corpus claim by a prisoner on a showing of actual prejudice resulting from the Federal right violated and that: (1) State action precluded assertion of that right; (2) the Federal right did not previously exist; or (3) the factual basis of the claim could not have been discovered by reasonable diligence. Establishes a one-year statute of limitations for habeas corpus actions brought by State prisoners, and a two-year statute of limitations for similar motions made by Federal prisoners. Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. Prohibits the granting of a habeas corpus writ with respect to any claim which has been fully and fairly adjudicated in State proceedings. Title III: Exclusionary Rule Limitation Act of 1989 - Amends the Federal criminal code to provide that evidence obtained by a search or seizure undertaken in an objectively reasonable belief that it was in conformity with the fourth amendment to the U.S. Constitution is admissible. States that evidence obtained pursuant to and within the scope of a warrant constitutes prima facie evidence of such a reasonable belief, unless the warrant was obtained through intentional or material misrepresentation. States that, except as provided by statute or a rule of procedure, evidence which is otherwise admissible shall not be excluded on the ground that the evidence was obtained in violation of a law, rule, or regulation. Title IV: Firearms and Related Amendments - Amends the Federal criminal code to prohibit the transfer of firearms to non-residents of the State in which the transferor resides. Provides for the disposition of forfeited firearms. Classifies as serious drug offenses for purposes of the Armed Career Criminal Act of 1984 serious drug offenses committed by juveniles. Specifies that if a conviction was for a violent felony involving the threatened or actual use of a firearm or explosives, or was for a serious drug offense, such person shall be considered convicted for purposes of this Act irrespective of any pardon, setting aside, expunction, or restoration of civil rights. Permits the judicial officer to consider pretrial detention with respect to certain firearms and explosives offenses. Provides enhanced penalties for: (1) the use of a semiautomatic firearm during a crime of violence or drug trafficking offense; and (2) possession of a firearm or explosive during the commission of such offenses. Sets forth penalties for smuggling firearms in aid of drug trafficking and for theft of firearms and explosives. Bars the sale or possession of firearms and explosives to or by persons convicted of violent or serious misdemeanor drug or narcotic offenses. Provides for the mandatory revocation of the supervised release of an individual for possession of a firearm. Increases penalties for: (1) making knowingly false, material statements in connection with the acquisition of a firearm from a licensed dealer; and (2) a second offense of using an explosive to commit a Federal felony. Prohibits the assembly of semiautomatic rifles or shotguns which are prohibited from being imported into the United States, with exceptions. Title V: Drug Testing of Defendants on Post-Conviction Release - Requires: (1) the Director of the Administrative Office of the U.S. Courts to establish a program of drug testing of criminal defendants on post-conviction release; and (2) the chief probation officer in each district to arrange for the drug testing of such defendants. Requires, as an explicit condition of probation, parole, or supervised release of a defendant involving a felony or a specified violent or drug offense, that the defendant refrain from any unlawful use of a controlled substance and submit to periodic drug tests. Sets limitations on the authority to require such tests and to take action against a defendant based on test results. Title VI: Public Corruption - Anti-Corruption Act of 1989 - Amends the Federal criminal code to prescribe criminal penalties to be imposed against anyone who uses any facility of, or affects, interstate or foreign commerce to deprive or defraud the inhabitants of a State, political subdivision, or Indian tribal government of: (1) the honest services of a government official or employee; or (2) a fair and impartially conducted election process through the use of fraudulent ballots or voter registration forms, paying or offering to pay any person for voting, or the filing of fraudulent campaign reports, subject to certain conditions. Prescribes criminal penalties to be imposed against anyone who deprives or defrauds the inhabitants of the United States of the honest services of a public official. Prescribes criminal penalties to be imposed upon any official who: (1) uses interstate commerce to deprive or defraud the inhabitants of any State, political subdivision, or Indian tribal government, of the right to have government affairs conducted on the basis of complete, true, and accurate information; or (2) in order to carry out or conceal any scheme or artifice to defraud, discriminates, harasses, or takes adverse action against any employee or official of the United States or any State or political subdivision. Authorizes such an adversely affected employee or official to obtain relief through a civil action, provided such person did not participate in the scheme or artifice. Amends mail fraud provisions to prohibit use of any facility of interstate or foreign commerce in the execution of a scheme or artifice to defraud. Makes it a class B felony for a public official to corruptly demand or accept anything of value, personally or for another, in return for: (1) being influenced in the performance or nonperformance of any official act; or (2) being influenced to commit, collude in, or allow the commission of any offense against the United States or any State. Makes it a class B felony for a public official to corruptly give, offer, or promise anything of value, to an official or to another, with intent to: (1) influence any official act; (2) influence such official to commit, collude in, or allow the commission of any offense against the United States or a State; or (3) influence such official to do or omit any act in violation of such official's lawful duty. Grants Federal jurisdiction over an offense under this Act (with respect to narcotics-related corruption) which involves or is intended to further or conceal the illegal importation, manufacture, transportation, or distribution of any controlled substance or controlled substance analogue. Title VII: Facilitation of Undercover Investigations - Amends the Federal criminal code to provide that, wherever it is an element of an offense that any property was embezzled, stolen, counterfeited, or altered and that the defendant knew that the property was of such character, such element may be established by proof that the defendant, after or as a result of an official representation as to the nature of the property, believed the property to be embezzled, stolen, counterfeited, or altered.
United States · United States Congress · 30 January 1990
Provides for all Federal civilian and military retirees to receive the full cost-of-living adjustment in annuities payable under Federal retirement systems for FY 1991. (Includes benefits payable under the Civil Service Retirement and Disability System, military retirement and survivor benefit programs, the Foreign Service Retirement and Disability System, the Central Intelligence Agency Retirement and Disability System, and railroad retirement programs.)
United States · United States Congress · 30 January 1990
Designates July 3, 1990, as Idaho Centennial Day.
United States · United States Congress · 30 January 1990
Urges the President to seek the consent of the Senate to the ratification of the Convention on the Rights of the Child, adopted by the United Nations on November 20, 1989.
United States · United States Congress · 25 January 1990
Designates April 22 through April 28, 1990, as National Crime Victims' Rights Week.
United States · United States Congress · 23 January 1990
Designates September 1990 as International Visitors Month.
United States · United States Congress · 21 November 1989
Amends Federal law to authorize and request the President to designate May as Asian/Pacific American Heritage Month annually, beginning in 1990. (Current law designates a seven-day period beginning on May 4, 1979).
United States · United States Congress · 21 November 1989
Designates the week of June 10 through June 16, 1990, as State-Supported Homes for Veterans Week.
United States · United States Congress · 20 November 1989
Authorizes the Secretary of the military department concerned to exchange with corporations, associations, societies, or museums books, manuscripts, and other historical material for the purpose of receiving search, salvage, and restoration services which directly benefit the historical collections of the armed forces.
United States · United States Congress · 20 November 1989
Amends the Internal Revenue Code to provide for contributions by individual taxpayers to the Drug Rehabilitation and Treatment Trust Fund with their income tax returns. Establishes the Drug Rehabilitation and Treatment Trust Fund to carry out the war on drugs.
United States · United States Congress · 20 November 1989
Amends the National Trails System Act to designate the Florida Frontiers Spanish Heritage Trail, extending from Fernandina to Saint Augustine, Florida.
United States · United States Congress · 19 November 1989
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 · 17 November 1989
Designates April 1990 as National Prevent-A-Litter Month.
United States · United States Congress · 16 November 1989
Designates 1990 as the Bicentennial Anniversary of the Legacy of Benjamin Franklin.
United States · United States Congress · 15 November 1989
Middle-Income Family Higher Education Savings Act of 1989 - Amends the Internal Revenue Code to allow an individual an income tax deduction for contributions to a savings account established to pay the educational expenses (tuition, supplies, meals, and lodging) of the taxpayer's child at an institution of higher education or a vocational school. Limits the deduction to $1,000 per year per child. Provides that no account may have more than one beneficiary. Permits a deduction with respect to only one account in cases of multiple accounts for the same beneficiary. Disallows the deduction for contributions made to an account after the beneficiary either attains age 25 or graduates from an eligible educational institution. Permits the exclusion from the gross income of the recipient beneficiary of payments and distributions from an education savings account as long as such amounts: (1) are used for the educational expenses of that individual; or (2) are rolled over into an education savings account established for a sibling of that individual. Exempts the education savings accounts themselves from taxation unless they cease to be proper education savings accounts because either the contributor taxpayer or the beneficiary engages in prohibited transactions or the beneficiary pledges the account as security. Establishes penalties in the form of additional tax when account funds or distributions are improperly used. Requires that the trustee of an education savings account report to the Secretary of the Treasury and to the account's benefactor on the maintenance of the account. Identifies the criteria and requirements applicable to an education savings account. Provides that contributions to an education savings account shall not be subject to gift tax. Establishes: (1) a five percent excise tax on amounts connected with any prohibited transaction with respect to an education savings account; and (2) a penalty for failure to file required reports concerning the education savings account.
United States · United States Congress · 8 November 1989
Authorizes the President, on behalf of the Congress, to present a gold medal to Laurance Spelman Rockefeller in recognition of his leadership on behalf of natural resource conservation and historic preservation. Authorizes appropriations. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal.
United States · United States Congress · 7 November 1989
Declares that no person who is a retired regular officer of the U.S. armed forces shall be considered as holding a public office for purposes of provisions that require anyone who destroys public records to forfeit public office and be disqualified from holding office.
United States · United States Congress · 7 November 1989
Directs the heads of Federal departments or agencies which hold or receive records and information which have or could possibly have been correlated to U.S. personnel listed as prisoners of war or missing in action in World War II and the Korean and Vietnam conflicts to publicly disclose such records and information, except where such disclosure would compromise national security. Requires the Department of Defense to publicly disclose a complete list of such personnel including those killed in action (body not returned) in such hostilities with each service member's current classification as well as any changes in such classification occurring during or after such hostilities.
United States · United States Congress · 2 November 1989
Benjamin Franklin Memorial Fire Service Bill of Rights Act - Title I: Minting of Benjamin Franklin National Memorial Commemorative Coin - Benjamin Franklin National Memorial Commemorative Coin Act - Provides for the sale of Benjamin Franklin commemorative coins at a surcharge of which 25 percent shall be paid to the Benjamin Franklin National Memorial and the remainder be distributed in specified percentages to the National Fire Center and Museum Account, the National Hero Scholarship Account, the Firefighter's Tuition Assistance Account, the Hazardous Materials Response Computer Account, the In Search of Excellence Research and Education Account, and the Burn Research Grant Account of the Firefighter Assistance Trust Fund (Fund). Prohibits the issuance of such coins from resulting in any net cost to the Federal government. Title II: Fire Service Bill of Rights - Fire Service Bill of Rights Act - Amends the Federal Fire Prevention and Control Act of 1974 to establish a fire service bill of rights. Establishes the National Fire Center and Museum in the District of Columbia to provide information about the fire service and safety to the public and fire services. Funds such museum exclusively through the Fund. Establishes a National Hero Scholarship to fund the higher education of the children or spouse of a deceased firefighter. Establishes a scholarship providing tuition assistance to firefighters for higher education in fire safety or protection. Authorizes the Administrator of the United States Fire Administration to use amounts in the In Search of Excellence Research and Education Account of the Fund to fund other specified programs under the Fire Prevention and Control Act of 1974. Establishes the Firefighters Assistance Trust Fund. Places the National Academy for Fire Prevention and Control within the United States Fire Administration. Directs the Administrator to use funds from the Hazardous Materials Response Computer Account of the fund to procure computer equipment for fire services that want such equipment. Directs the Administrator to make a grant from the Burn Research Grant Account of the Fund to one national firefighter's burn foundation dedicated to reducing burn injuries. Requires the Administrator to prepare and make available to State fire marshals, upon request, a manual describing Federal procedures for disposing of surplus property and highlighting how fire services could obtain such property. Directs the Administrator to distribute to such marshals information on the infectious diseases to which firefighters are particularly vulnerable.
United States · United States Congress · 1 November 1989
Department of Housing and Urban Development Reform Act of 1989 - Title I: Ethics - Amends the Housing and Community Development Act of 1974 to require the Department of Housing and Urban Development (HUD) to allocate certain housing assistance on a need-based formula. Amends the Department of Housing and Urban Development Act to require HUD to make funding decisions and assistance allocations public. Prohibits advance disclosure of funding decisions and establishes civil monetary penalties for such violations. Amends the Housing and Community Development Act of 1974 to revise headquarters reserve categories. Requires that amounts made available to the reserve be approved in appropriation Acts. Repeals the Secretary of HUD's authority to make grants for technical assistance, special projects, and new communities under the community development block grant program (CDBG). Permits the Secretary to set aside .1 percent of specified appropriations for technical assistance. Amends the Department of Housing and Urban Development Act to require that all HUD regulation and handbook waivers be in writing and specify the grounds for the waiver. Authorizes the Secretary to impose civil monetary penalties on mortgagees or lenders for specified violations. Amends the National Housing Act to authorize the Secretary to impose civil monetary penalties on multifamily mortgagors for specified violations. Amends the Housing Act of 1959 to authorize the Secretary to impose civil monetary penalties on housing for the elderly or handicapped program mortgagors for specified violations. Amends the National Housing Act to authorize the Secretary to impose civil monetary penalties on Government National Mortgage Association issuers for specified violations. Amends the Interstate Land Sales Full Disclosure Act to authorize the Secretary to impose civil monetary penalties on land developers for specified violations. Amends the Department of Housing and Urban Development Act to require expenditure reporting and registration of consultants, lobbyists, and others attempting to influence HUD decisions. Establishes civil monetary penalties for reporting violations. Title II: Management Reform - Amends the Department of Housing and Urban Development Act to establish in HUD: (1) a Chief Financial Officer to serve as the Secretary's principal financial management advisor; and (2) a Federal Housing Administration (FHA) Comptroller. Amends the Housing and Urban Development Act of 1970 to authorize appropriations for program evaluation and monitoring. Authorizes the transfer of additional specified appropriations for management reform activities. Amends the Department of Housing and Urban Development Act to provide for expedited congressional review of HUD rulemaking. Authorizes the use of national comparability studies in implementing section 8 (c)(2) (lower income rent adjustments) of the United States Housing Act of 1937. Amends the Housing and Community Development Act of 1974 to target community development block grant use to low- and moderate-income persons. Nullifies State laws permitting single family mortgagors to redeem foreclosed properties under the rehabilitation loan program of the Housing Act of 1964. Title III: Federal Housing Administrative Reform - Amends the National Housing Act to require the Secretary to make available annually to the public an audited financial statement of the insurance funds established under such Act. Eliminates private investor-owners from the FHA single family mortgage insurance program. Retains program eligibility for public and nonprofit investor-owners. Limits secondary residence (vacation home) program eligibility to instances of undue mortgagor hardship. Requires credit reviews (under standards prescribed by HUD) of persons acquiring FHA-mortgaged properties at any time during the life of the mortgage. Repeals title X (mortgage insurance for new communities land development) of the National Housing Act. Prohibits dealer and loan broker participation in the organization of property improvement loans.
United States · United States Congress · 25 October 1989
Designates May 1990 as National Trauma Awareness Month.
United States · United States Congress · 24 October 1989
Designates February 4 through February 10, 1990, as National Burn Awareness Week.
United States · United States Congress · 19 October 1989
Small Business Access Improvement Act of 1989 - Amends the Internal Revenue Code to allow a tax credit for small businesses for the expense of providing public accommodations access to the disabled. Reduces the tax deduction for expenditures to remove architectural and transportation barriers to the handicapped and elderly.
United States · United States Congress · 12 October 1989
Amends the Education of the Handicapped Act to provide that, in exceptional circumstances, the recovery of costs incurred in providing an appropriate education for a child may be included in any award of damages recovered against a State in certain actions, including Federal actions, brought as procedural safeguards for the free and appropriate education of handicapped children.
United States · United States Congress · 6 October 1989
Interstate Greyhound Racing Act of 1989 - Allows the acceptance of interstate off-track wagers on greyhound races by off-track betting systems. Allows such wagers only after consent is obtained from the host racing association (making certain exceptions with regard to existing contracts), the host racing commission, and the off-track commission. Requires any off-track betting office to obtain the approval of all currently operating tracks within 60 miles of the office (or, if there are none, then of the closest currently operating track in an adjoining State). Allows off-track betting offices in a State with at least 250 days of on-track parimutuel greyhound racing a year to accept interstate off-track wagers for 60 racing days and 25 special events per year without approval if there is no similar racing being conducted within the off-track State within 60 miles of the office accepting the wager. Prohibits a parimutuel off-track betting system from employing a takeout for an interstate wager which is greater than the takeout for corresponding wagering pools of off-track wagers on races run within the off-track State except where the greater takeout is authorized by State law in the off-track State. Makes persons accepting interstate off-track wagers in violation of this Act civilly liable to the host State, the host racing association, and the greyhound owners' group.
United States · United States Congress · 5 October 1989
Amends title XVIII (Medicare) of the Social Security Act to permit the Secretary of Health and Human Services to reimburse fiscal intermediaries and carriers for administrative costs on other than a reasonable charge basis.
United States · United States Congress · 2 October 1989
Billboard Control Act of 1989 - Revises Federal provisions with respect to restrictions on outdoor advertising adjacent to interstate and Federal-aid primary highways. Specifies that a State shall be treated as failing to provide effective control of the erection and maintenance of outdoor advertising signs, displays, and devices (signs): (1) unless the State submits to the Secretary of Transportation by December 1st of each year an inventory of conforming and non-conforming signs in such State; and (2) if the State allows vegetation located on any land on which the State owns a right-of-way for a highway to be cut to improve the visibility of such signs. Requires the Secretary to submit to the Congress a detailed annual report on the extent to which each State has complied with the requirements of this Act, including a compilation of inventories and a description of the Secretary's efforts to assure that necessary directional information about facilities providing goods and services of interest to the traveling public is available to motorists. Makes exceptions to restrictions under this Act for signs which are lawfully in existence on September 1, 1989, and those located in industrial or commercial areas.
United States · United States Congress · 28 September 1989
Amends the Internal Revenue Code to increase the credit percentage of the earned income tax credit. Allows a supplemental tax credit for individuals with children under the age of five. Authorizes advance tax credit payments by employers based on the number of qualifying children. Requires such employers to collect a certificate or statement of eligibility from the employee. Amends the Social Security Act to eliminate changes in the treatment of earned income credit in determining certain aid to families with dependent children benefits. Provides for phasing out the dependent care credit and the exclusion for dependent care assistance for taxpayers whose incomes exceed $70,000.
United States · United States Congress · 28 September 1989
Designates March 3, 1990, as United States Naval Reserve Day in recognition of the Reserve's 75th anniversary.
United States · United States Congress · 26 September 1989
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to prohibit Federal assistance to any State that has not implemented a drug testing program for targeted classes of arrestees, prisoners, and persons on conditional or supervised release before or after conviction. Directs the Attorney General to promulgate regulations for such programs based in part on scientific and technical standards determined by the Secretary of Health and Human Services to ensure the reliability and accuracy of test results. Specifies that such regulations may include guidelines or specifications concerning: (1) the classes of persons to be targeted for testing; (2) the drugs to be tested for; (3) the frequency and duration of testing; and (4) the effect of test results in decisions concerning the sentence, conditions to be imposed on release before or after conviction, and the granting, continuation, or termination of such release. Amends the Public Health Service Act to require a State, in order to receive the drug abuse portion of its allotment under such Act for a fiscal year, to develop, implement, and submit an approved Statewide Drug Treatment Plan. Requires such Plan to include a single, designated State agency for formulating and implementing the Plan and a description of: (1) the mechanisms used to assess the needs and make funding allocations for drug treatment throughout the State; (2) a statewide plan to expand treatment capacity; (3) performance-based criteria to be used to allocate funds; (4) drug-free patient and workplace programs (which must include drug testing) to be utilized in drug treatment facilities and programs; (5) actions to be taken to improve the referral of drug users to appropriate treatment facilities; (6) the program of in-service training to be implemented for employees of treatment facilities receiving Federal funds; (7) the plan to be implemented to coordinate drug treatment facilities with other social, health, correctional, and vocational services; and (8) the plan to be implemented to expand and improve efforts to contact and treat expectant women who use drugs and provide appropriate followup care to their affected newborns. Requires such Plan to be submitted to the Secretary annually for review and approval. Authorizes the Secretary to review, approve, disapprove, and propose changes to State plans. Requires each State to submit such reports as the Secretary may require and to comply with such additional provisions as the Secretary may find necessary to verify the accuracy of such reports. Authorizes the Secretary to waive any or all requirements of this Act with respect to the Plan upon the written request of a State, provided that the State implements an alternative treatment plan that fulfills the objectives of this Act. Amends the Higher Education Act of 1965 to make ineligible for Federal funds or assistance any institution of higher education which fails to certify to the Secretary that it has adopted and implemented a program to prevent illicit drug use and alcohol abuse by students and employees that includes the annual distribution to each student and employee of: (1) standards of conduct that clearly prohibit the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees on its property or as part of its activities; (2) a description of applicable sanctions under local, State, or Federal law for unlawful possession or distribution of such drugs; (3) health risks associated with such use; (4) any drug or alcohol counseling, treatment, or rehabilitation programs available to employees or students; and (5) a clear statement that the institution will impose sanctions, and a description of such sanctions, up to and including expulsion or termination of employment and referral for prosecution. Requires such program to provide for a biennial review by the institution to determine the program's effectiveness, to implement changes as needed, and to ensure that sanctions are consistently enforced. Requires: (1) each institution that provides such certification to make a copy and the results of such biennial review available, upon request, to the Secretary and to the public; and (2) the Secretary to publish regulations to implement and enforce this Act, including regulations providing for periodic review of programs and sanctions, up to and including the termination of financial assistance, for institutions of higher education that fail to implement their programs or to consistently enforce their sanctions. Allows sanctions to include the completion of an appropriate rehabilitation program. Amends the Drug-Free Schools and Communities Act of 1986 to make ineligible for Federal funds or assistance any local educational agency which fails to certify to the State educational agency that has adopted and implemented an analogous program to prevent the use of illicit drugs and alcohol by students or employees. Authorizes appropriations for FY 1990 through 1993 for the Special Forfeiture Fund. Waives provisions of the Foreign Assistance Act of 1961 and the Foreign Operations, Export Financing, and Related Appropriations Act, 1989 to make certain appropriated funds available for narcotics-related activities in Colombia, Bolivia, and Peru.
United States · United States Congress · 25 September 1989
Amends the Immigration and Nationality Act to expand the arrest authority of Immigration and Naturalization Service officers and employees.
United States · United States Congress · 13 September 1989
Farm Animal and Research Facilities Protection Act of 1989 - Amends the Food Security Act of 1985 to make it unlawful to disrupt or damage a farm animal facility, its animals, or property. Sets forth penalties for violations of this Act. Allows the Secretary of Agriculture to investigate such offenses. Grants U.S. district courts jurisdiction in such cases. Provides for a private right of action.
United States · United States Congress · 12 September 1989
Designates October 1989 as Country Music Month.
United States · United States Congress · 12 September 1989
Designates October 27, 1989, as National Hostage Awareness Day in recognition of the 42d birthday of Terry Anderson and his fifth year in captivity. States that efforts should be made to have such date declared International Hostage Day by the United Nations. States that all Federal and international agencies should increase efforts to secure the release of the remaining hostages in Lebanon. Calls for prayer on such date for the release of all U.S. and foreign hostages in Lebanon.
United States · United States Congress · 6 September 1989
Designates the period of September 11 through September 15, 1989, as National Historically Black Colleges Week.
United States · United States Congress · 4 August 1989
Immigration Adjudication and Asylum Amendments of 1989 - Amends the Immigration and Nationality Act to establish as an independent agency within the Department of Justice: (1) a United States Immigration Board to hear specified immigration-related administrative appeals; and (2) an administrative law judge system. Revises asylum provisions.
United States · United States Congress · 3 August 1989
Anti-Crime Act of 1989 - Title I: Capital Punishment Procedures - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits evidence to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Sets forth special aggravating factors for espionage, treason, homicide, and the attempted murder of the President. Directs the court, or the jury by unanimous vote, to impose the death penalty upon a finding that such sentence is justified based on consideration of both the aggravating and mitigating factors. States that no person who was under 18 years of age at the time of the offense may be sentenced to death. Requires the court to instruct the jury not to consider the race, color, national origin, religious beliefs, or sex of the defendant or victim in its consideration of the sentence. Establishes procedures for appeal from a death sentence. Requires the court of appeals, upon consideration of the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under the influence of passion, prejudice, or any other arbitrary factor; and (2) the information supports the finding of aggravating factors. Requires the court to provide a written explanation of its determination. Sets forth requirements with respect to representation by counsel. Sets forth procedures for the implementation of the sentence of death. Limits the circumstances under which the offense of delivering defense information to aid foreign governments is punishable by death. Provides for the imposition of the death penalty for: (1) murder committed by prisoners in Federal prisons; (2) kidnappings which result in the death of any person; (3) hostage takings which result in the death of any person; (4) attempting to kill the President of the United States (if such attempt results in bodily injury or comes dangerously close to causing the President's death); (5) "murder for hire"; (6) murder in the aid of a racketeering activity; (7) international terrorism (where the killing is a first-degree murder); and (8) engaging in a criminal enterprise activity which results in death. Increases the minimum sentence to life imprisonment for the crime of bank robbery which results in death. Title II: Capital Punishment for Drug Kingpins - Amends the Controlled Substances Act to establish criteria for the imposition of the death penalty for certain continuing criminal enterprise drug offenses. Sets forth aggravating factors to be considered by the jury or the court when imposing its sentence. Title III: Exclusionary Rule Reform - Amends the Federal criminal code to provide that evidence obtained by a search or seizure shall not be excluded in a Federal proceeding if the seizure was undertaken in an objectively reasonable belief in its conformity with the fourth amendment to the Constitution. Provides that evidence obtained in accordance with a warrant is prima facie evidence of the existence of circumstances justifying such an objectively reasonable belief of conformity with the fourth amendment. Prohibits the exclusion of evidence in such a proceeding on the ground that it was obtained in violation of a statute, administrative rule or regulation, or rule of procedure unless expressly authorized by statute or rule prescribed by the Supreme Court pursuant to statutory authority. Title IV: Habeas Corpus Reform - Amends the Federal judicial code to condition consideration of a habeas corpus claim by a State prisoner on a showing of actual prejudice resulting from the denial of a Federal right, and that: (1) State action precluded assertion of the right; (2) the Federal right asserted was newly recognized; (3) the factual basis of the claim could not have been discovered through the exercise of reasonable diligence prior to the procedural default; or (4) a constitutional violation asserted in the claim probably resulted in a factually erroneous conviction or a sentence predicated on an erroneous factual determination. Establishes a one-year statute of limitations for habeas corpus actions brought by State prisoners. Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. Prohibits the granting of a habeas corpus writ with respect to any claim which has been fully and fairly adjudicated in State proceedings. Makes appointment of counsel discretionary, except as provided by rule of the Supreme Court. Title V: Prison Construction - Authorizes appropriations for FY 1991 to the Department of Justice for the Federal Prison System, including the National Institute of Corrections. Title VI: Increased Penalty for Using Guns in Crimes - Provides for enhanced penalties for the possession or use of a semiautomatic firearm during a crime of violence or drug trafficking offense.
United States · United States Congress · 2 August 1989
Designates the Calamus Dam and Reservoir in the North Loup division of the Missouri River Basin project as the Virginia Smith Dam and Reservoir.