United States · United States Congress · 3 January 1991
Permits certain veterans with service-connected disabilities who are retired members of the uniformed services to receive compensation concurrently with retired pay, without deduction from either.
United States · United States Congress · 3 January 1991
Veterans' Compensation Amendments of 1991 - Title I: Compensation Rate Increases - Increases the rates of: (1) veterans' disability compensation; (2) additional compensation for veterans' dependents; (3) the clothing allowance for certain disabled veterans; (4) dependency and indemnity compensation for surviving spouses and children; and (5) supplemental dependency and indemnity compensation for disabled adult children. Authorizes the Secretary of Veterans Affairs to adjust administratively the rates of disability compensation payable to persons who are not in receipt of compensation for service-connected disability or death. Title II: Miscellaneous Program Amendments - Authorizes the Secretary to accept gifts, devises, and bequests which enhance the Secretary's ability to provide services and benefits. Allows the payment of parents dependency and indemnity compensation less frequently than monthly if the amount of the annual benefit is less than four percent of the maximum annual rate payable. Prohibits a readjustment in the rating schedule from causing a veteran's compensation amount to be reduced unless an improvement in the veteran's disability is shown to have occurred. Makes the presumptive period (the period after service in a radiation-risk activity during which a disease must become manifest in order to be considered service-connected and, therefore, compensable as disability compensation) for leukemia 40 years (currently, 30). Creates a 40-year presumptive period for members of the reserves who were exposed to atmospheric detonation of a nuclear device during active duty or inactive duty for training and who contract specified diseases or illnesses within such period. States as an exception the disease of leukemia, which is given a 30-year manifestation period in such reserve members. Increases the amount of Veterans' Mortgage Life Insurance available to a veteran owning a home to the lesser of $90,000 or the amount of the loan outstanding on the home. (Currently, the amount is the lesser of $40,000 or such amount.) Increases from one to two years the required time after discharge or release permitted to qualify for National Service Life Insurance (for service-disabled veterans). Title III: Agent Orange - Veterans Agent Orange Exposure and Vietnam Service Benefits Act of 1991 - Provides that the disease of chloracne in Vietnam veterans shall be considered to have been service-connected if such disease became manifest to a ten percent or more degree of disability within one year after the last date on which the veteran performed such service in Vietnam. Presumes the following diseases to be service-connected for veterans who performed active service in Vietnam during the Vietnam era, notwithstanding that there is no record of evidence of such disease during the period of such service: (1) non-Hodgkins lymphoma; (2) soft-tissue sarcoma; and (3) melanoma and basal cell carcinoma. Provides a presumption of service-connection in the case of a Vietnam veteran suffering from a disease associated with effects of exposure to certain dioxins or other herbicide agents during such service in Vietnam. Directs the Secretary to prescribe regulations listing a positive association between any disease and the biological effects of exposure to an herbicide agent in Vietnam. Requires the Secretary to update such list continually. Requires the Secretary, in prescribing and revising such list, to obtain by contract the determinations and estimates of a contract scientific organization. Requires such organization to: (1) determine which diseases have any degree of association with the biological effects of exposure to an herbicide agent; and (2) estimate the extent of association between each such disease and each such biological effect. Requires the organization to determine such association specifically with respect to non-Hodgkins lymphoma, each soft-tissue sarcoma, lung cancer, and each other cancer. Outlines contract provisions required in such agreements between the Secretary and the scientific organization, including surveys, evaluations, and periodic determinations. Requires such scientific organization to provide reports to the Secretary and the Senate and House Veterans' Affairs Committees regarding its determinations and evaluations. Requires such organization to determine, in the case of a positive association, whether there is a reasonable basis for concluding that a Vietnam veteran with the highest level of exposure to that herbicide agent in Vietnam was exposed to such agent under the circumstances necessary for such biological effects. Requires a report from the organization to the Secretary and the veterans' committees when there is no such reasonable basis found. Requires the Secretary to make certain determinations and follow-up reports after receiving such reports from the contract scientific organization, including the issuance of a report to the veterans' committees and the promulgation of positive association regulations if necessary. Requires benefits to be continued even though a disease is removed from the regulations listing diseases having positive associations. Terminates such provisions ten years after the first day of the fiscal year in which a scientific organization transmits its first report to the Secretary. Provides special effective dates. Directs the Secretary to compile and analyze all clinical data that: (1) is obtained by the Department in connection with examinations and treatment of veterans for disabilities related to exposure to certain herbicides or to service in Vietnam; and (2) is likely to be scientifically useful in determining the association, if any, between the disabilities of such veterans and their exposure to such herbicides and other toxic substances. Requires the Secretary to submit an annual report to the veterans' committees concerning such analysis and its results. Directs the Secretary to consult with the Director of the National Institutes of Health Research and Grants Division (NIH) before compiling and analyzing such information. Requires the Director of NIH to review each annual report submitted by the Secretary and transmit to the Secretary an evaluation of the contents of each report. Directs the Secretary to establish and maintain a system for the collection and storage of voluntarily contributed samples of blood and tissue of veterans who performed active service in Vietnam during the Vietnam era. Outlines provisions concerning the security and authorized uses of such specimens, as well as limitations on the acceptance of such samples. Requires the Secretary to consult with the National Academy of Sciences (NAS) to the extent that an agreement has been reached with the NAS serving as the contract scientific organization for the Secretary. Requires the Secretary to consult with the Director of the Medical Follow-up Agency in the event of no agreement with NAS. Directs the Secretary to establish a program to provide for the conduct of studies of the feasibility of conducting additional scientific research on health hazards resulting from: (1) exposure to dioxin; (2) exposure to other toxic agents in herbicides used in support of U.S. and allied military operations in Vietnam during the Vietnam era; and (3) active military, naval, or air service there. Requires the Secretary to report to the veterans' committees on the results of such studies. Requires the Secretary to consult with the NAS before undertaking such studies and requires the NAS to review such studies and report recommendations to the Secretary and the veterans' committees to the extent provided under any agreement between the Secretary and NAS. Amends the Veterans' Benefits Improvement Act of 1988 to require the Secretary to annually furnish updated information to veterans listed in the Department of Veterans Affairs' Agent Orange Registry on health risks resulting from exposure to dioxin or other toxic agents in herbicide as a result of service in Vietnam during the Vietnam era. Directs the Secretary of Health and Human Services to report to the veterans' committees on the research being conducted to develop treatments for psychological absorption of dioxin and other toxic agents used in herbicides by the United States in Vietnam, including research relating to exposure to dioxin and other toxic agents outside Vietnam. Extends through December 31, 2000, the eligibility for hospital and nursing home care for veterans exposed to toxic substances in Vietnam. Amends the Veterans' Benefits Improvement Act of 1988 to authorize direct consultation between the Ranch Hand Advisory Committee and Department of the Air Force scientists conducting the Ranch Hand Study (a study of the long-term health effects of exposure to phenoxy herbicides and contaminants). Requires the preparation and submission of annual reports and a final report in connection with such study.
United States · United States Congress · 3 January 1991
Civil Rights Act of 1991 - Amends the Civil Rights Act of 1964 to provide for the burdens of proof which must be met by the various parties when an allegation of an unlawful employment practice is based on disparate impact. ( Wards Cove Packing Co. Inc. v. Atonio, 1989, held that, in cases brought under Title VII of the Civil Rights Act, the burden is on the plaintiff to prove an employer had no business necessity for a practice with discriminatory effects.) Allows a rule barring employment based on illegal discriminatory intent. Declares that, when an employment practice is alleged to have mixed motives, an unlawful employment practice is established when it is shown that a discriminatory basis was a contributing factor, even though other factors also contributed. Bars certain types of relief and limits damages to the injury that is attributable to the unlawful practice. Provides for the finality of litigated or consent judgments or orders resolving an employment discrimination claim, barring actions (challenging an employment practice that implements and is within the scope of a judgment or order) by persons who had certain types of notice and opportunity. Modifies the time limitations within which certain actions must be taken in alleged employment discrimination cases. (In Lorance v. AT&T Technologies, the Supreme Court held that seniority plans cannot be challenged as discriminatory unless complaints are filed soon after the plans are adopted.) Declares the application of a seniority system, if the system was included in a collective bargaining agreement with discriminatory intent, an unlawful employment practice. Allows punitive damages, certain types of compensatory damages, and jury trials only in connection with certain claims of intentional discrimination under the Act or under the Americans with Disabilities Act of 1990. Allows any party, if compensatory or punitive damages are sought, to demand a jury trial. Includes expert fees and other litigation expenses in attorney's fees which may be awarded in certain circumstances. Prohibits consent orders or judgments settling a claim, or stipulations of dismissal, unless the parties or their counsel attest that a waiver of all or substantially all attorney's fees was not compelled as a condition of the settlement.( Independent Federation of Flight Attendants v. Zipes held that attorneys' fees can be recovered under Title VII against losing intervenors only if the intervenor's action is frivolous, unreasonable, or without foundation.) Allows the court, in its discretion to promote fairness, in a proceeding in which a judgment or order granting relief under employment discrimination provisions is challenged, to allow the prevailing party in the original action to recover attorney's fees and costs incurred in defending the judgment or order. Extends the time limit for filing against the Government a civil action involving employment discrimination. Requires, except for prejudgment interest on compensatory damages, the same interest payment by the Government as in cases involving non-public parties. Requires all Federal civil rights laws to be interpreted broadly to provide equal opportunity and provide effective remedies. Prohibits, except as expressly provided, interpreting any Federal civil rights law to repeal or amend by implication any other such law. Prohibits using this Act as a basis for limiting civil rights laws not expressly amended by this Act. Amends Federal law to declare that: (1) for purposes of provisions relating to equal rights under the law, the right to make and enforce contracts includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contract; and (2) the rights protected by the amended provisions are protected against impairment by non-governmental discrimination as well as against impairment under color of State law. (In 1989, the Supreme Court ruled, in Patterson v. McLean Credit Union, that an 1866 law forbidding discrimination in contracts applies only to hiring agreements, not on-the-job bias.) Prohibits construing the amendments made by this Act to: (1) require or encourage an employer to adopt hiring or promotion quotas; or (2) affect court-ordered remedies, affirmative action, or conciliation agreements that are otherwise in accordance with the law. Amends the Civil Rights Act of 1964 to apply equal employment opportunities provisions to the Congress, with enforcement as determined by each House of the Congress. Amends the Age Discrimination in Employment Act of 1967 to modify requirements, including time limitations, regarding filing of a civil action. Requires the Equal Employment Opportunity Commission to notify the person aggrieved if an age discrimination charge is dismissed by the Commission. Allows a civil suit to be brought within a specified time limit after the dismissal. Encourages the use of alternative means of dispute resolution to resolve disputes arising under the Acts amended by this Act.
United States · United States Congress · 3 January 1991
Family and Medical Leave Act of 1991 - Title I: General Requirements for Leave - Establishes certain requirements for family and medical leave for permanent employees. (Excludes from such coverage: (1) employees at worksites at which the employer employs less than 50 persons, if the total number of employees of that employer within 75 miles of that worksite is less than 50; and (2) Federal officers and employees covered under title II of this Act.) Entitles employees to 12 workweeks of leave during any 12-month period because of: (1) the birth of their child; (2) the placement of a child for their adoption or foster care; (3) their care of a child, spouse, or parent who has a serious health condition; or (4) their own serious health condition which makes them unable to perform the functions of their position. Conditions such leave for the birth or placement of a child as follows: (1) the entitlement ends 12 months after the birth or placement; (2) both parents may not take such leave at the same time; and (3) such leave may not be taken intermittently unless employee and employer agree otherwise. Allows all leave to which an employee is entitled under this title: (1) to be taken on a reduced leave schedule, upon agreement with the employer; and (2) to consist of unpaid leave, except under specified conditions when substitution of certain types of paid leave may be elected or required. Declares that nothing in this Act shall require an employer to provide paid sick or medical leave in any situation in which the employer would not normally provide any such paid leave. Requires employees to: (1) give reasonable notice of the need for leave to which they are entitled under this Act, when foreseeable; and (2) make a reasonable effort to schedule medical treatment or supervision so as not to disrupt unduly the employer's operations, subject to approval of the health care provider. Allows limitation of the dual aggregate leave entitlement to 12 weeks in any 12-month period, in the case of spouses employed by the same employer, if such leave is for the birth or placement of a child or for the care of a sick parent. Sets forth conditions of certification for leave entitlements under this Act, including provisions relating to: (1) sufficient certification; (2) explanation of inability to perform job functions; (3) second opinion; (4) resolution of conflicting opinions; and (5) subsequent recertification. Sets forth employment and benefits protections relating to leave entitlements under this Act, including provisions relating to: (1) restoration to position; (2) denial of such restoration in the case of certain highly compensated employees; (3) maintenance of health benefits; and (4) no bar to agreement concerning alternative employment. Prohibits employers or other persons from interfering with employee rights under this Act or from discriminating against any individual because of participation in proceedings or inquiries under this Act. Provides for administrative enforcement of this title by the Secretary of Labor, as well as enforcement by civil action. Sets forth provisions for investigative authority, injunctive and monetary relief, attorneys' fees, and limitation of actions. Sets forth special rules concerning employees of local educational agencies, including provisions relating to intermittent leave for instructional employees, periods near the completion of an academic term, and reduction of liability. Requires employers to post notice of the pertinent provisions of this title. Requires fines for willful violations of such requirement. Directs the Secretary of Labor to prescribe regulations to carry out this title. Title II: Family Leave and Temporary Medical Leave for Civil Service Employees - Amends specified Federal law to entitle civil service employees to family and temporary medical leave for specified periods. Allows such employees up to: (1) 18 administrative workweeks in any 24-month period for family leave (i.e., leave because of the birth or placement of a child or care of a sick child or parent), but such leave may not be used at a time more than 12 months after such birth or placement; and (2) 26 administrative workweeks during any 12-month period for temporary medical leave. Provides that such leave will be without pay. Allows employees to substitute other types of paid leave for part of such leave. Provides for protection for job position and health insurance benefits of employees using such leave. Sets forth certification provisions and prohibitions against coercion. Directs the Office of Personnel Management to prescribe regulations for administration of this title which are consistent with the regulations prescribed by the Secretary of Labor under title I of this Act. Title III: Commission on Leave - Establishes the Commission on Leave. Requires the Commission to report on its study of family and medical leave (which may include legislative recommendations concerning coverage of small businesses and alternative and equivalent State enforcement of this Act with respect to employees of local educational agencies) to the Congress within two years after the Commission first meets. Terminates the Commission within 30 days after its report to the Congress. Title IV: Miscellaneous Provisions - Sets forth the effect of this Act on existing laws and existing employment benefits. Provides that nothing in this Act shall be construed to discourage employers from adopting more generous leave policies. Directs the Secretary of Labor to prescribe regulations to carry out this title within 60 days. Title V: Coverage of Congressional Employees - Applies the rights and protections under title I of this Act to employees of the House of Representatives, except for the exemption concerning highly compensated employees. Requires that the remedies and procedures under the Fair Employment Practices Resolution be applied in administering such coverage.
United States · United States Congress · 3 January 1991
Amends the National Labor Relations Act and the Railway Labor Act to make it an unfair labor practice for an employer to offer or grant: (1) permanent replacement employee status during a labor dispute; or (2) any employment preference to an individual who worked or indicated a willingness to work during a labor dispute over an employee who exercised specified rights during such dispute and who is working for, or has unconditionally offered to return to work for, the employer.
United States · United States Congress · 3 January 1991
Brady Handgun Violence Prevention Act - Makes it unlawful for any licensed importer, manufacturer, or dealer to sell, deliver, or transfer a handgun to an unlicensed individual unless: (1) after the most recent proposal of such transfer by the individual, the transferor has received a statement of eligibility from the individual, has notified the chief law enforcement officer for such individual's place of residence about the proposed transfer, and either has received a response indicating that such transfer is not prohibited by law or has not received a response indicating otherwise within seven days; (2) the individual has presented to the transferor a statement from the officer, issued in the past ten days, that the individual requires a handgun because of a threat to him or his family; (3) the individual has presented to the transferor a permit to possess a handgun that has been issued in the past five years by the State in which the transfer is to take place under a State law which requires law enforcement verification of the individual's legal qualification to possess a handgun; (4) State law either requires a waiting period of at least seven days or requires that an authorized government official verifies that the information available to such official does not indicate that possession of a handgun by the purchaser would be unlawful; or (5) the transferor has received a report from any system of felon identification established by the Attorney General under the Anti-Drug Abuse Act of 1988 that the individual's possession or receipt of the handgun would not violate Federal, State, or local law. Requires the statement of eligibility to include a statement that the individual: (1) is not under indictment for and has not been convicted of a crime punishable by imprisonment for a term exceeding one year; (2) is not a fugitive; (3) is not an unlawful user of, or addicted to, a controlled substance; (4) has not been adjudicated as a mental defective or committed to a mental institution; (5) is not an alien who is illegally in the United States; (6) has not been dishonorably discharged from the armed forces; and (7) is not a person who has renounced U.S. citizenship. Requires any transferor who, after a transfer, receives a report from such officer that receipt or possession of the handgun by the individual violates the law, to: (1) furnish information about the transfer and the individual to the chief law enforcement officer of the transferor's place of business and the individual's place of residence; and (2) keep confidential any information received which is not otherwise available to the public, with exceptions. Requires a transferor to retain a copy of the individual's statement. Requires the law enforcement officer to destroy any copy of the individual's sworn statement and any record containing information derived from such statement within 30 days, unless such officer determines that the transaction would violate Federal, State, or local law.
United States · United States Congress · 3 January 1991
Airline Bankruptcy Passenger Protection Act of 1991 - Amends the Federal Aviation Act of 1958 to direct the Secretary of Transportation to issue an order authorizing a covered air carrier to develop an air transportation plan which protects airline ticket holders in the event it becomes a debtor in bankruptcy proceedings after the ticket purchase date. Provides that if satisfactory plans have not been submitted by a specified deadline, the Secretary must promulgate regulations requiring all covered air carriers to provide air transportation for such ticket holders.
United States · United States Congress · 3 January 1991
Veterans' Compensation Amendments of 1991 - Increases the rates of: (1) veterans' disability compensation; (2) additional compensation for veterans' dependents; (3) the clothing allowance for certain disabled veterans; (4) dependency and indemnity compensation for surviving spouses and children; and (5) supplemental dependency and indemnity compensation for disabled adult children. Authorizes the Secretary of Veterans Affairs to adjust administratively the rates of disability compensation payable to persons who are not in receipt of compensation for service-connected disability or death.
United States · United States Congress · 3 January 1991
National Commemorative Advisory Act - Establishes the President's Advisory Commission on National Commemoratives to: (1) establish criteria for recommending to the President that a proposed national observance be approved or disapproved; (2) review proposals for national observances submitted in accordance with procedures published by the Commission; and (3) issue recommendations to the President concerning each proposal reviewed.
United States · United States Congress · 3 January 1991
Federal Employees' Political Activities Act of 1991 - Prohibits an employee from using or attempting to use official authority or influence to interfere with or affect the result of any election. Prohibits an employee from using or attempting to use official authority to intimidate, threaten, coerce, command, or influence: (1) any individual for the purpose of interfering with the right of any individual to vote as the individual may choose, or of causing any individual to vote, or not to vote, for any candidate or measure in any election; (2) any person to give or withhold any political contribution; or (3) any person to engage, or not to engage, in any form of political activity. Prohibits an employee from using, attempting to use, or permitting the use of any official information, unless such information is available to the general public. Prohibits an employee from: (1) giving or offering to give a political contribution to any individual either to vote or to refrain from voting, or to vote for or against any candidate or measure, in any election; (2) soliciting, accepting, or receiving a political contribution to vote or refrain from voting, or to vote for or against any candidate or measure, in any election; or (3) giving or handing over a political contribution to a superior of the employee. Prohibits an employee from soliciting, accepting, or receiving, or from being in any manner concerned with soliciting, accepting, or receiving, a political contribution: (1) from another employee (or a member of another employee's immediate family) with respect to whom the employee is a superior; or (2) in any room or building occupied in the discharge of official duties by a Federal employee or official or an individual receiving salary or compensation from the Treasury. Prohibits an employee from soliciting, accepting, or receiving a political contribution from, or giving a political contribution to, any person who: (1) has, or is seeking to obtain, contractual or other business or financial relations with the employing agency; (2) conducts operations or activities which are regulated by that agency; or (3) has interests which may be substantially affected by the performance of the employee's official duties. Directs the Special Counsel of the Merit Systems Protection Board to prescribe regulations which exempt employees from such prohibitions. Prohibits an employee from engaging in political activity: (1) while on duty; (2) in any room or building occupied in the discharge of official duties by a Federal employee or official; (3) while wearing a uniform or official insignia identifying the office or position of the employee; or (4) while using any vehicle owned or leased by the Government. Exempts certain high level political appointees from such prohibitions if the costs associated with the political activity are not paid for by money derived from the Treasury. Authorizes leave without pay or accrued annual leave to an employee who is a candidate, upon request, to allow such employee to engage in activities relating to that candidacy. Declares that such request may be denied if the exigencies of the public business so require. Declares that such employee may be required to take leave without pay or accrued annual leave in order to be a candidate if activities relating to the candidacy interfere with the employee's performance of duties. Applies this Act to postal employees and employees of the Postal Rate Commission.
United States · United States Congress · 3 January 1991
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to eliminate the requirement that the amount of monthly benefits payable to a spouse, surviving spouse, or parent be reduced by the amount such individual receives in monthly payments from a Federal or State pension plan.
United States · United States Congress · 3 January 1991
Amends the Internal Revenue Code to make permanent the exclusion from gross income of amounts received under qualified group legal services plans. (Under current law the exclusion expired as of September 30, 1990.)
United States · United States Congress · 3 January 1991
Provides that the United States shall continue to support multinational efforts to maintain economic sanctions against Iraq until all Iraqi forces and personnel are withdrawn from Kuwait. Bars the U.S. armed forces from engaging in offensive military action against nonmilitary or military targets or forces in Iraq or Kuwait for at least one year.
United States · United States Congress · 3 January 1991
Constitutional Amendment - Declares that equality of rights under the law shall not be denied or abridged by the United States or any State on account of sex.
United States · United States Congress · 3 January 1991
Supports the President's actions to defend Saudi Arabia and his diplomatic and economic initiatives to resolve the Persian Gulf crisis. Demands that Iraq immediately withdraw from Kuwait. Finds that the Constitution vests all power to declare war in the Congress. Declares that any offensive action against Iraq must be explicitly approved in advance by the Congress.
United States · United States Congress · 23 October 1990
Designates the room numbered H-235 in the House of Representatives wing of the Capitol as the Lindy Claiborne Boggs Congressional Women's Reading Room.
United States · United States Congress · 17 October 1990
Prohibits the proposed sales to Saudi Arabia of armored vehicles (including M1A2 tanks and Bradley Fighting Vehicles), AH-64 APACHE attack helicopters, PATRIOT guided missile units, and related defense articles and services, that were reported to the Congress pursuant to the Arms Export Control Act on September 27, 1990.
United States · United States Congress · 16 October 1990
Salutes and congratulates the people of Poland as they commemorate the 200th anniversary of the adoption of the Polish Constitution on May 3, 1991. Directs the Library of Congress to commemorate the anniversary with appropriate ceremonies.
United States · United States Congress · 10 October 1990
Expresses the sense of the Congress that: (1) the crisis created by Iraq's invasion and occupation of Kuwait must be addressed and resolved separately from other conflicts in the region; and (2) the President should continue to thwart any effort to link such crisis with the Arab-Israeli conflict.
United States · United States Congress · 27 September 1990
Designates the Department of Veterans Affairs medical center located at 113 Holland Avenue in Albany, New York, as the Samuel S. Stratton Department of Veterans Affairs Medical Center.
United States · United States Congress · 12 September 1990
Intelligence Search Procedures Act - Authorizes: (1) applications for a court order for a physical search of certain premises, property, information, or material of a foreign agent or power under the Foreign Intelligence Surveillance Act of 1978 if the President has, in writing, empowered the Attorney General to approve applications to the Foreign Intelligence Surveillance Court; and (2) a judge of such court to whom application is made to grant an order approving such a search in the United States. Grants jurisdiction to such Court to hear applications for, and grant orders approving, physical searches for the purpose of obtaining foreign intelligence information anywhere within the United States. Bars judges from hearing the same application which has been denied previously by another judge. Requires judges denying applications to provide a written statement for the record of each reason for such decision and, on motion of the United States, to transmit such record to the Court of Review. Grants jurisdiction to the Court of Review to review application denials. Sets forth application procedures for such an order. Requires the approval of the Attorney General based upon a finding that such application satisfies specified criteria and requirements, including: (1) the identity, if known, or a description of the target of the search; (2) the identity of the Federal officer making the application and a detailed description of the premises to be searched and of the information, material, or property to be seized; (3) a statement of the facts and circumstances relied upon to justify the applicant's belief that the target is a foreign agent or power, the premises contains foreign intelligence information, and the premises or property is owned, used, or possessed by, or is in transit to or from, a foreign power or agent; and (4) a statement that the purpose of the search is to obtain foreign intelligence information. Sets forth criteria for the judge to consider before entering an ex parte order authorizing such a search, including whether: (1) the application has been made by a Federal officer and approved by the Attorney General; and (2) there is probable cause that the target of the search is a foreign agent or power, the premises to be searched is used by such agent or power, and such search can reasonably be expected to yield foreign intelligence information which cannot reasonably be obtained by normal investigative means. Requires an order approving such a search to: (1) specify the Federal officers authorized to conduct the search and the identity, if known, or a description of the target of the search, the premises to be searched, the type of foreign intelligence information sought to be acquired, and a statement of the manner in which such search is to be conducted; and (2) direct that minimization procedures be followed, that the search be undertaken within a specified time frame, and that the Federal officer conducting the search promptly report to the court the circumstances and results of such search. Authorizes such judge, at any time after a search has been carried out, to assess compliance with the minimization procedures by reviewing the circumstances under which information concerning United States persons was acquired, retained, or disseminated. Requires: (1) applications made and orders granted to be retained for at least ten years; and (2) the Attorney General, within 60 days after a search, to provide the target of the search with an inventory including specified information concerning any search authorized and any material seized. Restricts the use and disclosure of information acquired from such a search. Prohibits disclosure of such information for law enforcement purposes unless such disclosure is accompanied by a statement that such information, or any information derived therefrom, may only be used in a criminal proceeding with the advance authorization of the Attorney General. Requires: (1) the United States or any State or political subdivision thereof in any trial, hearing, or proceeding to notify the aggrieved person and the court or other authority of intent to disclose or use such information; and (2) such person to be afforded the opportunity to move to suppress the evidence obtained or derived from such search on the grounds that the information was unlawfully acquired or the search was not made in conformity with an order of authorization or approval. Establishes procedures for a court to rule on such motions to suppress. Requires the Attorney General to transmit to the Congress each April a report setting forth the total number of applications for orders approving physical searches under this Act and the total number of orders granted, modified, or denied. Directs the Attorney General, semiannually, to inform the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence concerning all physical searches conducted under this Act and specified other searches conducted in the United States for foreign intelligence purposes. Specifies that whenever a search which is not a physical search as defined in this Act is conducted without a court order to obtain foreign intelligence solely because the existence of exigent circumstances would not require a warrant for law enforcement purposes, a full report of such search, including a description of the exigent circumstances, shall be maintained by the Attorney General and transmitted to the Foreign Intelligence Surveillance Court promptly after the search is conducted. Specifies that: (1) the procedures contained in this Act shall be the exclusive means by which a physical search may be conducted in the United States for foreign intelligence purposes; and (2) an order issued under this Act authorizing such a search shall constitute a search warrant authorized by law for purposes of any other law. Restricts specified other searches to those conducted pursuant to regulations issued by the Attorney General. Requires that such regulations, and any changes thereto, be provided to the House and Senate intelligence committees at least 60 days prior to their taking effect. Deems any regulations regarding such searches which were in effect as of June 1, 1990, to be regulations required by this Act. Sets penalties of up to $10,000 and five years' imprisonment for intentionally: (1) conducting a physical search for purposes of obtaining foreign intelligence information, except as authorized by law; or (2) disclosing or using information knowingly obtained through a physical search in the United States conducted for the purpose of obtaining foreign intelligence information not authorized by law. Establishes as a defense to such a prosecution that the defendant was a law enforcement or investigative officer engaged in the course of official duties and the physical search was authorized by and conducted pursuant to a search warrant or order of a court of competent jurisdiction. Grants Federal jurisdiction over such an offense if the person committing the offense was an officer or employer of the United States at the time the offense was committed. Authorizes an aggrieved person, other than a foreign agent or power, whose premises have been subjected to a physical search or about whom information obtained by such a search has been disclosed or used in violation of this Act to sue any person who committed such violation and recover actual damages, punitive damages, and reasonable attorney's fees and other investigative and litigation costs reasonably incurred. Defines "physical search" as any physical intrusion into premises or property (including examination of the interior of property by technical means) or any seizure, reproduction, or alteration of information, material, or property under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes, but excluding electronic surveillance.
United States · United States Congress · 3 August 1990
Expresses the sense of the House of Representatives that the Congress should retain the current Federal tax deduction for State and local income and property taxes.
United States · United States Congress · 2 August 1990
Expresses the sense of the House of Representatives that October 1990 should be designated as National Ellis Island Month, in recognition of Ellis Island's upcoming centennial.
United States · United States Congress · 30 July 1990
Campaign Cost Reduction and Reform Act of 1990 - Title I: Amendments to the Federal Election Campaign Act of 1971 - Amends the Federal Election Campaign Act of 1971 to define a "qualifying House of Representatives candidate" as one whose principal campaign committee includes in its statement of organization a declaration of the candidate's intention to abide by expenditure limitations under such Act and to use broadcast time under the Communications Act of 1934 or to receive reduced postal rates. Includes in the definition of "contribution": (1) any gift, subscription, loan, advance, or deposit of money or anything of value made by any person for the purpose of encouraging any specific individual who is not a candidate. Provides that the term "contribution" does not include the value of any advertising rate reduction made available to a qualifying House candidate by a newspaper, magazine, broadcasting station, or cable system if such reduction is made available to any qualifying candidate during the 90-day period before the election. Includes in the definition of "expenditure" any purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value made by any person for the purpose of encouraging any specific individual who is not a candidate to become a candidate. Revises the exclusion of mailing costs from authorized contributions and expenditures. Excludes from the definitions of "contribution" and "expenditure": (1) any amount for a candidate for other than Federal office: (2) any amount in connection with a State or local political convention; (3) any campaign activity on behalf of State or local candidates; (4) administrative expenses of a State or local committee of a political party; (5) research pertaining solely to State and local candidates and issues; and (6) maintenance of voter files. Prohibits a candidate for Federal office from establishing, maintaining, or controlling a political committee, other than an authorized committee of the candidate or a committee of a political party. Declares that an expenditure is not an independent expenditure if: (1) there is any arrangement, coordination, or direction with respect to the expenditure between the candidate and the person making the expenditure; (2) with respect to the election, the person making the expenditure was involved in the candidate's campaign; or (3) the person making the expenditure communicates with, advises, or counsels the candidate relating to such election. Removes certain limitations regarding State-by-State spending by presidential candidates. Prohibits a qualifying House candidate from making expenditures in excess of $75,000 of such candidate's personal funds for an election. Prohibits such candidate from spending in excess of $550,000 with respect to a general or special election, $300,000 with respect to a primary election ($400,000 where a candidate receiving a majority of votes is elected to office without a general election), and $100,000 with respect to a runoff election. Removes such limitation for all House candidates in an election if any candidate receives contributions or makes expenditures aggregating more than $200,000. Requires such limitations to be adjusted for inflation every four years beginning after calendar year 1992. Prohibits such candidate and his or her authorized political committee from accepting contributions from a political committee with respect to a general, special, or runoff election which total in excess of 50 percent of the limitation for such election. Imposes monetary penalties upon qualifying House candidates who exceed expenditure limitations. Provides for the accountability of contributions made by intermediaries or conduits. Prohibits a lobbyist from acting as an intermediary or conduit. Provides that contributions expended to encourage an individual to become a candidate shall be treated as contributions, whether or not such individual becomes a candidate. Prohibits a candidate or an authorized political committee of a candidate from accepting any contribution with respect to an election for Federal office if the contribution is given or made with respect to an election for State office or otherwise is not subject to the Federal Election Campaign Act of 1971. Prohibits a candidate for Federal office from accepting, with respect to an election, any contribution from a State or local committee of a political party if such contribution, when added to the total of contributions previously accepted from all such committees of that political party, exceeds a limitation on contributions to a candidate under the Federal Election Campaign Act of 1971. Subjects certain amounts received or used by a State or local committee of a political party as excluded payments to the limitations and reporting requirements of the Federal Election Campaign Act of 1971 as if such amounts were contributions or expenditures, as appropriate. Prohibits such payments from being allocated to a non-Federal account or otherwise maintained in, or paid from, an account that is not subject to that Act. Excludes as a prohibited political contribution or expenditure by a national bank, corporation, or labor organization the administration and solicitation costs of a separate segregated political fund if amounts disbursed from the fund are used solely for internal communications, nonpartisan get-out-the-vote campaigns, or contributions for State or Federal elections. Requires that whenever any political committee (other than an authorized committee or a committee of a political party) makes a communication that is a solicitation for contributions with respect to a Federal election, it shall include in the communication a clear statement that neither the committee nor the communication is authorized by a candidate or is under the control of a candidate. Requires television advertisements authorized by candidates for Federal office that solicit contributions for, or advocate the election or defeat of, a clearly identified candidate to contain a readily identifiable image of the candidate who authorized such advertisement. Requires the image to appear for at least four seconds on at least one-third of the television screen accompanied by statements identifying the political committee or the other person paying for the advertisement and the candidate responsible for its content. Requires television advertisements that have not been authorized by a candidate to present a statement: (1) naming the person paying for the advertisement and any connected organization; and (2) indicating that the advertisement has not been authorized by any candidate. Requires authorized and unauthorized radio advertisements to contain such appropriate statements. Prescribes color contrast and character height standards for statements in advertisements in publications disclosing who authorized and paid for the advertisement. Provides that if any person makes an independent expenditure through a communication on a broadcasting station or cable system which attacks a qualifying House candidate or criticizes the public record of such a candidate, the licensee or cable operator involved shall transmit to such candidate: (1) a statement of the date and time of the communication; and (2) a script or tape recording of the communication or, if unavailable, an accurate summary of the communication; and (3) an offer of an equal opportunity for such a candidate to use the broadcasting station or cable system to respond, without cost, to the communication. Prohibits any person from soliciting contributions by falsely representing himself as a candidate or agent thereof. Prohibits the personal use of amounts received by political committees as contributions except as currently provided under the Federal Election Campaign Act of 1971. Allows such contributions to be disbursed by the committee only as an expenditure or as otherwise permitted by law for a political purpose. Limits total small donor political committee contributions to $5,000 per candidate per election. Requires coordinated expenditures to be made only from amounts subject to the Federal Election Campaign Act of 1971. Establishes additional reporting requirements for national and State political party committees and for individuals making contributions to Federal candidates which total more than $20,000 in any calendar year. Title II: Amendments to the Communications Act of 1934 and Title 39, United States Code - Amends the Communications Act of 1934 to authorize the Federal Communications Commission to revoke any station license or construction permit for willful or repeated discrimination against a candidate for Federal office in the amount, class, or period of time made available to such candidate on behalf of such candidacy. Prohibits a licensee from using a broadcasting station for a communication not in compliance with the guidelines established by this Act. Requires such stations to give priority to legally qualified candidates in providing access to the use of such station. Exempts debates between candidates from the equal opportunity requirement. Eliminates the requirement that broadcast rates for legally qualified candidates for specified periods preceding primary, general, or special elections not exceed a station's lowest unit charge for the same class and amount of time. Entitles qualified House candidates to free broadcast time for every two television or radio advertisements purchased. Provides for reduced postage rates for qualified House candidates. Amends the Internal Revenue Code to provide a full tax credit for in-State individual contributions of up to $50 to qualified House candidates. Title III: Effective Date - Specifies that this Act shall apply with respect to Federal elections beginning with the general election of November 3, 1992.
United States · United States Congress · 25 July 1990
Seneca Nation Settlement Act of 1990 - Provides for payments from the United States and New York State to settle lease payment claims of the Seneca Nation of Indians of the Allegany, Cattaraugus, and Oil Spring Reservations, provided the Nation offers new leases to the city of Salamanca, New York, in accordance with a specified agreement. Provides that such new leases shall not be subject to approval by the United States or New York State. Earmarks specified amounts of such payments for economic and community development of the Nation. Authorizes appropriations.
United States · United States Congress · 11 July 1990
Lyme Disease Research and Education Act of 1990 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control, to: (1) conduct research and provide treatment and public education regarding Lyme disease; and (2) make grants to public or nonprofit private entities for research, treatment, and public education regarding such disease. Authorizes appropriations for such activities from FY 1991 through 1993, with the stipulation that at least 50 percent of the funds appropriated be directed to the grant program.
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 · 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 · 5 June 1990
1992 Olympic Commemorative Coin Act - Directs the Secretary of the Treasury to issue 1992 Olympic Games commemorative five-dollar gold coins and one-dollar silver coins. Prescribes guidelines for the sale and pricing of such coins and directs the Secretary to ensure that their issuance will not result in any net cost to the United States. Mandates that surcharges be paid to the U.S. Olympic Committee.
![Official portrait of Rep. McHugh, Matthew F. [D-NY-28]](https://www.congress.gov/img/member/m000473_200.jpg)