To amend the Internal Revenue Code of 1986 to make the low-income housing credit permanent.
United States · United States Congress · 3 January 1991
Amends the Internal Revenue Code to make the low-income housing credit permanent.
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United States · United States Congress · 3 January 1991
Amends the Internal Revenue Code to make the low-income housing credit permanent.
United States · United States Congress · 3 January 1991
Enterprise Zone Tax Incentives Act of 1991 - Declares it to be the purpose of this Act to establish a demonstration program of providing incentives for the creation of tax enterprise zones in order to: (1) revitalize economically and physically distressed areas; (2) promote meaningful employment for zone residents; and (3) encourage individuals to reside in the zones in which they are employed. Title I: Designation and Tax Incentives - Amends the Internal Revenue Code to provide for the designation of tax enterprise zones by the Secretary of Housing and Urban Development during calendar years 1992 through 1995. Sets forth eligibility criteria for rural areas. Sets forth the eligibility criteria for such designation, including: (1) a population of not less than 4,000; (2) pervasive poverty, unemployment, and general distress; (3) a high unemployment rate; and (4) a required course of action designed to reduce the various burdens borne by employers or employees in the area. Provides that a course of action under private entities may not be federally funded and may include: (1) a reduction of tax rates or fees; (2) an increase in public services; (3) a reduction in government paperwork requirements; (4) business community commitments to provide jobs and job training; (5) special preference to minority contractors; (6) gifts of land for the operation of neighborhood businesses; (7) pooled health insurance; (8) loans by local financial institutions for business start-ups; and (9) special preference to low-income housing projects and private activity bonds. Allows an enterprise zone employment credit to small employers as a general business credit of ten percent of the qualified zone wages paid plus qualified zone employee health insurance costs. Allows such credit for the first five years of the employee's employment. Makes the rehabilitation credit available for buildings in the tax enterprise zone that are at least 30 years old. Allows a 60-month amortization period (in lieu of depreciation) for child care facilities. Allows the deferral of capital gain for ten years if the gain is reinvested in tax enterprise zone property. Limits the dollar amount of deferred gain. Declares that loss on any qualified zone corporate investment shall be treated as an ordinary loss. Sets forth limitations on the aggregate amounts of zone incentives to be allocated by the governmental official responsible for making such allocations in the tax enterprise zone. Allows for purposes of the low-income housing credit any parts of low-income rental buildings that are used for child care centers for children of zone residents to be included in the basis for such credit. Title II: Establishment of Foreign-Trade Zones in Tax Enterprise Zones - Requires enterprise zones to receive priority in the designation of foreign trade zones. Title III: Studies - Requires the Secretary of the Treasury and the Comptroller General each to report to the House Committee on Ways and Means and the Senate Committee on Finance on the effectiveness of the incentives provided by this Act in achieving its purposes.
United States · United States Congress · 3 January 1991
Enterprise Zone Jobs-Creation Act of 1991 - Title I: Designation of Enterprise Zones - Authorizes the Secretary of Housing and Urban Development (Secretary) to designate enterprise zones for purposes of providing tax and regulatory relief and improving local services. Limits choices to areas nominated by States and local governments. Limits the total number of areas that may be designated, and the time period of the designation. Authorizes the Secretary to designate a zone only if the area meets certain locational, demographic, unemployment, and poverty criteria. Requires nominating local governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action that may include reducing tax rates, improving local services, simplifying or streamlining regulation of business, and providing job training to area residents. Describes areas to which the Secretary must give preference in selecting areas for designation. Requires the Secretary to report to the Congress every four years on the effects of such enterprise zones' designation in accomplishing the purposes of this Act. Title II: Federal Income Tax Incentives - Allows a nonrefundable income tax credit to enterprise zone employees for five percent of any wages earned as do not exceed a specified amount. Phases out such credit. Provides for the nonrecognition of capital gain on the sale of enterprise zone property. Allows a taxpayer a deduction on the aggregate amount paid for the purchase of enterprise stock on its original issue by a qualified issuer. Requires any gain from the disposition of the stock to be treated as ordinary income. Title III: Regulatory Flexibility - Amends Federal law to revise the definition of "small entity" for purposes of the analysis of regulatory functions to include qualified business, government, and nonprofit enterprises operating within enterprise zones. Authorizes Federal agencies, upon request by a designating government, to waive or modify rules and regulations pertaining to the implementation of projects or activities within an enterprise zone. Requires agencies to approve the request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in retaining the rule unchanged. Disallows waiver or modification of a rule that would directly violate a statutory requirement or present a danger to the public health and safety. Title IV: Establishment of Foreign-Trade Zones in Enterprise Zones - Requires the Foreign-Trade Zone Board to consider on a priority basis and to expedite the processing of applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones. Title V: Repeal of Title VII of the Housing and Community Development Act of 1987 - Repeals title VII (enterprise zone development) of the Housing and Community Development Act of 1987.
United States · United States Congress · 3 January 1991
Freedom of Choice Act of 1991 - Provides that a State may not restrict the right of a woman to choose to terminate a pregnancy: (1) before fetal viability; or (2) at any time, if such termination is necessary to protect the life or health of the woman. Allows a State to impose requirements medically necessary to protect the life or health of such women.
United States · United States Congress · 3 January 1991
Amateur Radio Spectrum Protection Act of 1991 - Amends the Communications Act of 1934 to prohibit the Federal Communications Commission (FCC) from diminishing existing allocations of spectrum (available radio frequencies) to the amateur radio service after January 1, 1991. Requires the FCC to provide replacement spectrum to the service for any frequency reallocation after such date.
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
Family Education Assistance Act of 1991 - Amends the Internal Revenue Code to allow an individual 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 or certain other relatives at an institution of higher education or a vocational school. Limits the deduction to $1,500 annually (adjusted for inflation) for each account. Disallows the deduction for contributions to an account maintained for any individual aged 19 or older. Requires any account balance to be distributed after the beneficiary attains age 30. Permits an exclusion from the gross income of the contributor or the beneficiary of account distributions used to pay educational expenses of the latter. Exempts an account from taxation (except for the tax on unrelated business income of a charitable organization), unless a contributor or the beneficiary engages in specified prohibited transactions in connection with it. Imposes a ten percent surtax on distributions not used for educational purposes. Requires the account trustee to report to the Secretary of the Treasury and to the account's beneficiary concerning the account. Imposes a penalty for failure to report. Allows taxpayers who do not otherwise itemize deductions to deduct for contributions to an education savings account. Imposes penalty taxes in connection with excess contributions or prohibited transactions associated with an account.
United States · United States Congress · 3 January 1991
Designates the month of May 1991 as National Huntington's Disease Awareness Month.
United States · United States Congress · 3 January 1991
Authorizes and requests the President to designate May 1991 as Older Americans Month.
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
Establishes in the House of Representatives the Select Committee on Hunger to conduct a continuing comprehensive study of the problems of hunger and malnutrition.
United States · United States Congress · 26 October 1990
Defense Nuclear Workers' Compensation Act - Provides that, except as modified by this Act, an employee at any Department of Energy defense nuclear facility (facility) shall be considered an employee for purposes of the Longshore and Harbor Workers' Compensation Act (LHWCA). Sets forth special rules for LHWCA coverage of such facility employees. Provides that compensation shall be payable if disability or death results from an injury arising out of and in the course of employment at such a facility. Establishes, in such compensation claim proceedings, a rebuttable presumption that a specified disease (i.e., one of various forms of cancer) is such a compensable injury, if the injured employee has suffered from the described disease, and either: (1) was employed for ten or more years in a building or facility of such a facility in which radioactive materials were regularly stored, handled, or disposed of; or (2) while employed at such building or facility, received ten REM or more total exposure to ionizing radiation or ten percent or more of the maximum permissible body burden exposure to ionizing radiation. Authorizes the Secretary of Labor to extend compensation districts established under the LHWCA, or establish new compensation districts, to include any area to which this Act applies, and to assign to each such district one or more deputy commissioners. Includes among the Department of Energy defense nuclear facilities the following facilities under the control or jurisdiction of the Secretary of Energy: (1) production or utilization facilities operated for national security purposes; (2) nuclear waste storage or disposal facilities; (3) testing and assembly facilities operated for national security purposes; and (4) nuclear weapons research facilities.
United States · United States Congress · 19 October 1990
Authorizes the Secretary of Energy to enter into 30-year agreements with private contractors for the construction, ownership, and operation of specified waste cleanup and modernization facilities if the facilities are: (1) provided at the contractors' expense; (2) near a Federal site under the Secretary's jurisdiction; and (3) support defense waste cleanup, research, or modernization efforts. Prescribes agreement guidelines. Precludes the Secretary from entering into an agreement without prior submission to the Congress of a needs justification with respect to the engagement of a private contractor, and a demonstration that the proposed agreement is in the best economic interests of the United States. Requires the Secretary to report to the Congress regarding the benefits of the agreements entered into, and recommendations for possible extension of the agreement authority.
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
Amends the Pacific Northwest Electric Power and Conservation Act to provide that if a Federal electric generating base resource is closed in the Northwest region due to passage of a State voting initiative, the resulting outages, transmission problems, and costs shall not be passed on to the consumers of other States in the region.
United States · United States Congress · 10 October 1990
Designates November 16, 1990, as National Federation of the Blind Day.
United States · United States Congress · 24 September 1990
Designates March 25, 1991, as National Medal of Honor Day.
United States · United States Congress · 18 September 1990
National Aeronautics and Space Administration Multiyear Authorization Act of 1990 - Title I: National Aeronautics and Space Administration Authorizations - Authorizes appropriations to the National Aeronautics and Space Administration (NASA) for: (1) research and development; (2) space flight, control, and data communications; (3) construction of facilities; (4) research and program management; and (5) the Inspector General. Permits appropriations for the first two numbered categories to be used for certain items of a capital nature (other than land acquisition) required for the performance of research and development contracts, and for grants to nonprofit educational and research organizations to augment their research facilities. Prohibits the use of these funds for the construction of any major facility whose estimated cost exceeds a specified amount, unless the Administrator of NASA notifies specified congressional committees. Authorizes use of funds from one or more of the numbered categories, subject to limitations, for scientific consultations or extraordinary expenses, for facilities construction, repair, or modification, and for unforeseen programmatic facility project needs. Permits reprogramming of funds for facilities construction, subject to conditions outlined in this Act. Authorizes certain fund transfers and makes available specified funds for the construction and modification of laboratories and other installations. Requires the Administrator to notify specified congressional committees of the nature, cost, and need for such construction before expending the funds in question. Prohibits, until 30 days following congressional receipt of the Administrator's full explanation, the use of funds appropriated pursuant to this Act for any program: (1) deleted by the Congress from original requests; (2) in excess of the amount actually authorized for the particular program; or (3) not presented to either of specified congressional committees. Requires NASA to keep those committees fully and currently informed regarding all activities within their jurisdiction. Amends the National Aeronautics and Space Act of 1958 to add to the functions of the Administration those of: (1) seeking and encouraging the fullest commercial use of space; and (2) encouraging and providing for Federal Government use of commercially provided space services and hardware. Authorizes appropriations to carry out the activities of the National Space Council, making a limited amount available for official reception and representation expenses. Requires the Council to reimburse other agencies for at least half of the personnel compensation costs of individuals detailed to it. Directs the Administrator to award to a domestic firm a contract that, under the use of competitive procedures, would be awarded to a foreign firm, if certain conditions exist. Directs the Administrator to submit to specified congressional committees certain reports relating to the Advanced Solid Rocket Motor. Declares it to be U.S. policy to use the space shuttle: (1) for purposes that require the presence of man or the unique capabilities of the shuttle; or (2) when other compelling circumstances exist, including those related to national security or foreign policy. States that the policy does not preclude carrying secondary payloads that do not require the presence of man if consistent with the requirements of research, development, demonstration, scientific, commercial, and educational programs authorized by the Administrator. Requires the Administrator to submit to the Congress a plan for implementing the policy. Directs the Administrator to: (1) review proposed manned space flight missions with regard to identifying the human factors knowledge base necessary and developing a schedule of when specified components of information will need to be acquired or developed; (2) develop a strategic plan for life sciences research and technology development, including a crew certification plan and a life sciences implementation plan; and (3) verify the physiological technical feasibility of the life sciences implementation plan. Directs the National Space Council to conduct a study and report to the Congress on International Cooperation in Planetary Exploration with regard to; (1) developing an inventory of technologies and intentions of all national space agencies; (2) seeking ways to enhance the planning and exchange of information; (3) preparing a proposal for efficient use of resources; (4) developing priority goals for needs that could not be achieved by any individual country; (5) exploring the possibilities of international unmanned probes and international manned missions; and (6) devising strategies for cooperation that would prevent unwanted transfer of technology. Establishes within the Department of Commerce an Office of Space Commerce to coordinate space-related issues, programs, and initiatives within the Department. Authorizes appropriations. Directs the Secretary of Defense and the Administrator of NASA to jointly establish a National Aero-Space Plane program to develop a primarily air breathing single-stage-to-orbit and long-range hypersonic cruise research flight vehicle. Prescribes the respective responsibilities of the Secretary and the Administrator. Directs the Secretary and the Administrator to develop and submit to the Congress a management plan that includes goals, tasks, schedules, and resource procurement strategies. Requires the Secretary to be responsible for at least two-thirds, and the Administrator to be responsible for not more than one-third, of the costs of the program. Amends the Commercial Space Launch Act to authorize appropriations to carry out the Act. Amends provisions requiring a license for private space launch operations to declare that a license is not required if an agency assumes responsibility for the launch. Directs the Secretaries of Defense and Transportation and the Administrator to jointly develop regulations establishing criteria for such assumption. Requires the Secretary of Transportation to encourage States, as well as the private sector, to acquire, by lease, sale, or other transaction, excess U.S. launch property. Directs the Administrator to contract with the National Academy of Public Administration for a review of the organizational and institutional preparedness of NASA to undertake major new initiatives in science and human exploration. Requires the contract to include a report: (1) estimating the human resources required to carry out this title; (2) describing the structure of NASA; (3) describing the role and relationship of other Federal agencies, Federal laboratories, and the private sector in carrying out the Nation's space program; and (4) recommending administrative changes. Declares that it is U.S. policy to: (1) conduct space activities in a manner that does not increase orbital space debris; and (2) engage other spacefaring nations to develop an agreement to ensure that such debris is not increased. Authorizes the Administrator to spend excess funds appropriated for orbiter production to maintain the space shuttle orbiter production line and related production lines of orbiter subcontractors. Requires, in any agreement entered into by NASA for an Industrial Application Center, that the center be allowed to retain all client income without any deductions from appropriated funds received or to be received by that center. Requires the Administrator to contract with the National Academy of Public Administration for a cost and benefit analysis of the Shuttle-C program. Requires any automotive stirling engine demonstration program sponsored by NASA to utilize natural gas and, if not natural gas, methanol or ethanol. Title II: Launch Services Purchase - Launch Services Purchase Act of 1990 - Requires NASA to purchase launch services for its primary payloads from commercial providers. Allows exceptions on a case-by-case basis if the Administrator determines that: (1) the payloads requires the unique capabilities of the space shuttle; (2) cost effective commercial services to meet mission requirements are not reasonably available; or (3) the use of commercial services poses an unacceptable risk of loss of a unique scientific opportunity. Requires the determination to be made at Preliminary Design Review and prohibits it from being delegated. Allows launch vehicles to be acquired or owned by NASA, except for historical displays, only as required by such exceptions or for conducting research, development, and testing of launch technology. Requires contracts to provide launch services to NASA to be awarded on the basis of full, fair, and open competition. Requires NASA to limit its requirements for submission of cost or pricing data in support of a bid or proposal. Requires performance specifications, not detailed Government design or construction specifications, to be used. Prohibits acceptance of commercial payloads for launch as primary payloads on the space shuttle unless: (1) the payload requires unique shuttle capabilities; or (2) launching on the shuttle is important for national security or foreign policy purposes.
United States · United States Congress · 13 September 1990
Farm and Forestry Energy Conservation Act of 1990 - Directs the Secretary of Agriculture, through the Soil Conservation Service, to establish a Federal energy conservation program with respect to: (1) tillage practices; (2) chemical and fertilizer use; (3) irrigation management; (4) livestock management; (5) horticulture; and (6) wood utilization. Directs the Secretary to make grants to individuals or institutions for eligible energy conservation projects. Limits such grant amounts, but authorizes a higher limit for institutions converting their heating systems to wood burning ones. Requires an eligible State to establish a State energy conservation review panel. Directs the Secretary to provide demonstration projects and make educational and technical assistance available. Authorizes appropriations.
United States · United States Congress · 13 September 1990
Department of Energy Science Education Act - Directs the Secretary of Energy (the Secretary) to establish a Science, Mathematics and Engineering Education Advisory Board (the Board) to provide guidance and assistance for the establishment of the science, mathematics, and engineering education programs of the Department of Energy (the Department) research and development facilities. Requires the Board to report annually to the Secretary and the Congress. Directs the Secretary to develop, with Board advice, a plan for the science, mathematics, and engineering program of the Department's research and development facilities. Requires the Secretary to review such plan annually and report to the Congress on it with the Department's annual budget request. Directs the Secretary to combine the Nuclear Engineering Research and Education Program and the University Research Reactor Program into one program to be called the Nuclear Engineering Education and Research Reactor Program. Directs the Secretary to establish a national clearinghouse to enable the Department's research and development facilities to share, with each other and the education community nationwide, reports, teaching aids, and support materials for science, mathematics, or engineering education. Requires coordination with any other related Federal clearinghouses or related clearinghouses at such facilities. Directs the Secretary to establish a program of paid administrative leave for employees of the Department or its research and development facilities who volunteer to interact with schools, colleges, universities, teachers, or students for science, mathematics, and engineering education. Directs the Secretary to develop alternatives to full Federal funding of science, mathematics, and engineering education programs of the Department's research and development facilities, including use of resources of colleges, universities, local and national businesses, and local and State education agencies. Directs the Secretary to establish a volunteer talent pool of scientists, mathematicians, and engineers who have retired from the Department or its research and development facilities to serve as "Scientists in Residence" at schools. Directs the Secretary, through such facilities, to identify and match such scientists with such schools and districts. Directs the Secretary to establish a Young Americans' Summer Science Camp Program to provide secondary school students with hands-on science experience, exposure to working scientists, and career counseling. Requires such Camps to: (1) be conducted at participating colleges and universities; (2) consist of at least two sessions of two weeks each in the first year of operation, with at least 50 participants in each session at each location; and (3) obtain all financing, after the first four years of operation, through private or other non-Federal sources. Directs the Secretary, by the end of the second year of operation, to expand the program to provide guidance and assistance to other organizations to create similar camps. Makes this Act inapplicable to: (1) activities of the Department or its contractors that are funded as national defense production activities; and (2) science, mathematics, and engineering programs administered under elements of the Department other than the Office of Energy Research.
United States · United States Congress · 12 September 1990
Universal Childhood Security Act - Title I: Foreign Assistance Programs - Requires that specified minimum amounts from aggregate U.S. funding for international development and economic assistance programs, for each of FY 1991 through 1996, be available only for: (1) child survival activities, including those authorized under the Foreign Assistance Act of 1961; and (2) programs in support of basic primary education, including teacher training and other necessary activities. Declares the sense of the Congress that the World Bank should: (1) give greater priority to child survival and development, including support of basic education activities; and (2) devote five percent or more of its annual lending programs to primary health and five percent to primary education. Title II: Domestic Programs - Declares the sense of the Congress that it should increase participation in the special supplemental food program for women, infants, and children (the WIC program) by 20 percent per year in each of 1991 through 1995, so that the goal of full participation may be reached by the end of FY 1995. Declares the sense of the Congress that it should follow through on providing full funding for the Head Start program of early childhood education and childhood development, so that the goal of participation of all eligible three- and four-year-old children can be reached by FY 1994.
United States · United States Congress · 3 August 1990
Authorizes appropriations for the Forest Service to prepare the Supplement to the Final Environmental Impact Statement for the proposed Early Winters Resort (EWR) in Methow Valley, Washington. Directs the Secretary of Agriculture, subject to specified conditions, to convey certain Federal lands managed by the Forest Service within the State of Washington in exchange for certain lands owned or optioned by EWR. Adds lands acquired by the United States under this Act to the National Forest System.
United States · United States Congress · 3 August 1990
Timber Management Improvement Act of 1990 - Directs the Secretaries of Agriculture and of the Interior, acting through the Forest Service and the Bureau of Land Management, respectively, to prepare a report displaying the yields and costs (financially and environmentally) of timber management investment opportunities for Federal lands in the States of California, Oregon, and Washington. Requires the Secretary of Agriculture to include in such report reasons why certain lands were classified as unsuitable for timber production. Requires both Secretaries to establish advisory boards to review and comment on the investments examined. Amends the Cooperative Forestry Assistance Act of 1978 to allocate appropriations for private forest lands in the States of California, Oregon, and Washington to further second growth management of timber resources to offset the expected decline in timber harvests from Federal lands as a result of listing the northern spotted owl as a threatened species under the Endangered Species Act of 1973. Requires financial assistance to be concentrated in those counties containing Federal lands designated as habitat conservation areas for the purposes of the protection and recovery of the northern spotted owl. Amends specified Federal law (the Knutson-Vandenberg Act) to assure that amounts from the fund established by such Act are available for timber management investments on Federal lands consistent with the Act's original intent.
United States · United States Congress · 3 August 1990
Designates September 1991 as National Rice Month.
United States · United States Congress · 3 August 1990
Designates November 4 through 10, 1990, as National Key Club Week.
United States · United States Congress · 3 August 1990
Designates the week of September 23, 1990, as Religious Freedom Week.
United States · United States Congress · 1 August 1990
Directs the Secretary of Energy to establish an international research, development, and production center at the Hanford Reservation in Richland, Washington, to be known as the International Research Reactor User Complex (IRRC). Allows the Department of Energy (DOE), and any contractors operating the IRRC, to enter into agreements with non-Federal entities, including foreign governments and entities, or a consortium of such entities, for use of the IRRC relating to production of isotopes, irradiation services, and the production of steam. Allows the Secretary to assess charges from those entities as necessary. Limits the agreements to 25 years. Allows the agreement to: (1) include a termination provision requiring the DOE to pay for the unamortized balance of certain facilities in some circumstances; and (2) authorize the use, to make the repayments, of funds made available for operating expenses. Allows the Secretary, in entering into an agreement, to use procedures other than competitive procedures as described in specified provisions of the Federal Property and Administrative Services Act of 1949. Requires any entity under contract to operate the IRRC to operate the Fast Flux Test Facility pursuant to the Atomic Energy Act and meet other requirements. Exempts the activities authorized under this Act from licensing or regulation by the Nuclear Regulatory Commission. Establishes in the Treasury the IRRC Fund to consist of all amounts received under the assessments under this Act. Authorizes the Secretary to use Fund amounts to offset IRRC operating costs.
United States · United States Congress · 30 July 1990
Expresses the sense of the Congress that Walker Percy of Covington, Louisiana, be remembered as one of the finest writers and contributors to the culture of the United States of the 20th century.
United States · United States Congress · 24 July 1990
Financial Crimes Prosecution and Recovery Act of 1990 as Reported By the Committee on the Judiciary of the House of Representatives - Title I: Enhanced Criminal Penalties - Amends Federal criminal law to establish criminal penalties (including imprisonment) for the concealment of assets from the Federal Deposit Insurance Corporation (FDIC) (acting as conservator or receiver) and the Resolution Trust Corporation (RTC) acting as conservator or receiver. Amends the Federal Deposit Insurance Act to prohibit certain felons convicted of dishonesty or breach of trust from controlling or participating in the affairs of a depository institution for a minimum ten-year period. Amends Federal criminal law to establish criminal penalties (including imprisonment) for obstructing any examination of a financial institution. Increases to 30 years (currently, 20 years) the maximum prison term for bank fraud and embezzlement. Establishes a ten-year statute of limitations for the prosecution of racketeering offenses involving financial institutions. Extends money laundering prohibitions to include funds from specified bank crimes. Directs the U.S. Sentencing Commission to promulgate guidelines for increased penalties for certain bank crime convictions in which the defendant derived more than $1,000,000 in gross receipts from the offense. Provides for restoration of forfeited property and for restitution to bank crime victims. Sets forth maximum criminal fines and minimum imprisonment terms for certain continuing financial crime enterprises (i.e., certain violations committed by at least four persons acting in concert). Title II: Protecting Assets from Wrongful Disposition - Authorizes the Attorney General to obtain a court order enjoining or restraining the alienation of disposition of property obtained as a result of a banking law violation. Amends the Federal Deposit Insurance Act to set forth attachment procedures. Amends Federal bankruptcy law to provide that the trustee shall be deemed to have assumed a debtor's commitment to a Federal depository institution regulatory agency to maintain the capital of an insured depository institution (thus precluding the trustee from rejecting such commitment as an executory contract which can be avoided as a discharge in bankruptcy). Exempts a Federal depository institution regulatory agency acting as conservator for an insured depository institution from the requirement of proving reasonable reliance upon a false writing supplied by a debtor who is an institution-affiliated party. Prohibits a discharge in bankruptcy for debts resulting from the debtor's failure to fulfill a commitment to a Federal financial institution regulatory agency to maintain the capital of an insured depository institution. Exempts a Federal depository institution regulatory agency acting as conservator for an insured depository institution from the requirement of a timely nondischargeability request (including notice and hearing) when seeking to recover a debt relating to malfeasance. Declares that for specified cases of deceitful conduct, any institution-affiliated party of an insured depository institution (or credit union) shall be deemed to have been acting in a fiduciary capacity with respect to any debt owed to a Federal banking regulatory agency (thus making such debt nondischargeable in bankruptcy). Makes it a prerequisite of a bankruptcy reorganization plan that the debtor will: (1) maintain any commitment to a Federal banking regulatory agency to maintain the capital of an insured depository institution; and (2) continue to be obligated for any debt to such agency for failure to fulfill such commitment. Makes certain debts owed by an institution-affiliated party to an insured depository institution under Federal receivership nondischargeable under a consumer debt bankruptcy plan. Amends the Federal Deposit Insurance Act to empower the FDIC (acting as conservator) to avoid fraudulent conveyances by a debtor institution-affiliated party. Prohibits an insured depository institution which does not meet minimum Federal capitalization requirements from making golden parachute payments, covered benefit payments, or certain payments in anticipation of insolvency to an institution-affiliated party without prior written Federal agency approval. Cites conditions under which insured depository institutions may make golden parachute payments and covered benefits payments with FDIC approval. Amends the Federal criminal code to revise civil and criminal forfeiture guidelines for: (1) property affecting a financial institution; and (2) fraudulent offenses involving the sale of assets held by Federal banking regulatory agencies. Amends the Federal Deposit Insurance Act to prohibit certain convicted felony debtors whose default to an insured financial institution in receivership will cause substantial loss from acquiring any asset of the institution (except with respect to repayment). Title III: Improved Procedures for Handling Banking-Related Cases - Amends Federal criminal law to authorize wiretaps for bank fraud and related offenses. Amends the Federal Deposit Insurance Act to set forth reciprocal assistance guidelines for foreign investigations by Federal banking agencies and investigations on behalf of foreign banking authorities. Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) to extend to ten years (currently, five years) the statute of limitations for commencing a civil action for Federal bank law violations. Amends the Federal Deposit Insurance Act and the National Credit Union Act to grant the FDIC, the RTC, and the NCUA subpoena authority. Title IV: Structural Reforms to Improve the Federal Response to Crimes Affecting Financial Institutions - Establishes within the Office of the Deputy Attorney General in the Department of Justice a Financial Institutions Fraud Unit, headed by a Special Counsel who shall report directly to the Deputy Attorney General. Terminates such Office five years after enactment of this Act. Empowers the Special Counsel to investigate and prosecute criminal activity involving the financial services industry. Directs the Attorney General to establish: (1) financial institutions fraud task forces; and (2) a senior interagency group to assist in identifying the most significant financial institution fraud cases, to allocate investigative and prosecutorial resources, and to expedite interagency coordination and prosecution of financial institutions fraud. Amends Federal criminal law to authorize the Secret Service (under the direction of the Secretary of the Treasury) to detect and arrest persons who violate banking laws with respect to financial institutions and the Resolution Trust Corporation (RTC). Title V: Reporting Requirements - Directs the Attorney General to report quarterly to the Congress regarding financial institution crimes. Requires the Director of the Administrative Office of the United States Courts to present annual statistical tables to the Congress on the business imposed on the Federal courts by the savings and loan crisis. Title VI: National Commission on Financial Institution Reform, Recovery, and Enforcement - Establishes the National Commission on Financial Institution Reform, Recovery, and Enforcement to make investigations and recommendations regarding specified aspects of the savings and loan crisis. Requires the Commission to submit a final report to the President and the Congress within one year after enactment of this Act. Terminates the Commission 30 days after the submission of such final report. Authorizes appropriations. Title VII: Authorizations - Amends the FIRREA to authorize appropriations to the Attorney General and the Federal Court System for bank crime cases.
United States · United States Congress · 19 July 1990
Designates the Labor Day Weekend beginning on September 1, 1990, as National Drive for Life Weekend.
United States · United States Congress · 19 July 1990
Designates August 6, 1990, as Voting Rights Celebration Day.
United States · United States Congress · 18 July 1990
Computer Software Protection Act of 1990 - Amends Federal copyright law to prohibit the person in possession of a computer software program from renting, leasing, or lending it for direct or indirect commercial advantage unless authorized to do so by the copyright owner. Declares that such prohibition applies for a limited period in the case of a computer program embodied in electronic circuitry of a limited purpose computer designed primarily for playing home video games. Conditions the lending of such computer programs by a nonprofit library for nonprofit purposes upon attachment of a warning of copyright to the packaging. Directs the Register of Copyrights to report to the Congress whether this Act has achieved its purpose of maintaining the integrity of the copyright system while providing nonprofit libraries the capability to fulfill their function. Grants remedies for copyright infringement in cases of violations of this Act.
United States · United States Congress · 13 July 1990
FHA Protection and Homeownership Preservation Act of 1990 - Amends the National Housing Act to limit the maximum amount of a Federal Housing Administration (FHA) insured mortgage principal to a property's appraised value. Sets forth periodic premium payment schedules. Limits FHA rebates on unearned premiums. Directs the Secretary of Housing and Urban Development to: (1) insure that the Mutual Mortgage Insurance Fund attains specified capital ratios; (2) conduct annual Fund audits; and (3) adjust premiums as necessary. Authorizes periodic mortgage insurance safety premiums.
United States · United States Congress · 28 June 1990
Designates the week of April 7 through 13, 1991, as National County Government Week.
United States · United States Congress · 25 June 1990
Emergency Crop Loss Assistance Act of 1990 - Provides disaster payments on a crop-by-crop basis to producers of 1990 nonprogram crops who suffered weather-caused crop losses of more than 50 percent. Authorizes additional disaster payments based upon crop quality reductions. Reduces disaster payments under this Act based upon Federal crop insurance payments. Sets forth payment limitation provisions. Prohibits double payments based upon: (1) replanted acreage; and (2) livestock emergency assistance.
United States · United States Congress · 21 June 1990
Establishes the Vancouver National Historical Reserve to preserve historical and natural assets in the Vancouver historical area (Washington State) through cooperative management and planning. Establishes the Vancouver National Historical Reserve Coordinating Commission to assist Federal, State, and local authorities in the implementation of a cooperative management plan for the Reserve. Directs the Commission to submit such management plan to the Secretary of the Interior and the Governor of Washington (State), and the Secretary to submit a final (or revised) plan to the Congress on the Commission's behalf. Prescribes guidelines for cost allocation and funding. Authorizes appropriations.
United States · United States Congress · 21 June 1990
Directs the Secretaries of Agriculture and of the Interior, acting through the Chief of the Forest Service and the Director of the Bureau of Land Management, respectively, to prepare plans for timber sales on lands containing Northern Spotted Owl populations in an attempt to achieve timber sale levels greater than those available under a strict application of the report of the Interagency Scientific Committee to Address the Conservation of the Northern Spotted Owl. Mandates that such plans contain alternatives for complying with Northern Spotted Owl endangered species conservation criteria in a manner minimizing employment disruption in public timber-dependent communities. Requires submission of plans to the Director of the U.S. Fish and Wildlife Service by a specified deadline. Requires the Director to respond in writing to such alternatives. Authorizes appropriations.
United States · United States Congress · 20 June 1990
National Forest Plan Implementation Act of 1990 - Title I: Amending and Revising Plans - Amends the National Forest Management Act of 1976 (NFMA) to impose additional requirements for amending and revising forest plans. Title II: Status of Plans - Provides that, if a final forest plan is enjoined by a court, the immediately previous final version of such plan shall remain in effect. Title III: Implementation of Plans - Sets limitations on administrative appeals in addition to the Department of Agriculture's appeals regulations. Grants jurisdiction to the United States court of appeals for the circuit in which such national forest is located to review: (1) land and resource management plans; (2) documents establishing minimum management requirements in forests; and (3) action implementing a land resource management plan. Provides for tiering of environmental documentation and the achievement of the allowable sale quantity (ASQ) of timber on a forest-by-forest basis. Requires the Administration's budget request for each year beginning with FY 1992, to include a statement of what funds would be required to achieve 100 percent of the output specified for each forest with respect to its land and resource management plan.
United States · United States Congress · 20 June 1990
Designates the week of September 31 (sic), 1990, through October 6, 1990, as National Job Skills Week.
United States · United States Congress · 19 June 1990
Forest Management and Conservation Incentive Tax Act of 1990 - Amends the Internal Revenue Code to reduce the capital gains tax on mature timber or timber that is not unprocessed exported timber. Allows a general business credit to qualified small timber holders for ten percent of qualified forest management expenditures. Provides for the treatment of timber property under passive loss rules.
United States · United States Congress · 14 June 1990
Korean War Veterans Memorial Thirty-Eighth Anniversary Commemorative Coin Act - Expresses the sense of the Congress that the United States should recognize the 38th anniversary of the Korean War by minting and issuing a silver dollar coin. Directs the Secretary of the Treasury to issue one-dollar silver coins to commemorate the 38th anniversary of the ending of the Korean War. Terminates such authority after December 31, 1991. Mandates that surcharges from the sale of such coins be used for the Korean War Veterans Memorial.
United States · United States Congress · 14 June 1990
Violent Crime and Drug Control Act of 1990 - Title I: Effective Rehabilitation - Amends the Public Health Service Act to require States to develop and submit to the Secretary of Health and Human Services annually for review and approval a Statewide Drug Treatment Plan. Requires States to maintain expenditures for drug abuse-related services at a level equal to not less than the average amount of such expenditures for the preceding two years, unless the Secretary determines that extraordinary conditions in the State (currently, limited to economic conditions) justify the waiver. Directs the Secretary to promulgate implementing regulations, including the procedures by which a full or partial waiver may be granted. Requires the Secretary of Education to: (1) develop a model curriculum regarding treatment for individuals who are addicted to drugs; and (2) disseminate such curriculum to medical schools. Authorizes appropriations. Bars the Secretary of Health and Human Services from making certain payments under the Alcohol and Drug Abuse and Mental Health Services Block Grant program unless the State: (1) makes specified progress toward setting up a referral system through which individuals seeking drug abuse treatment can be informed of appropriate facilities in the State for obtaining such treatment; and (2) agrees to establish procedures to ensure that newborn infants of drug or alcohol abusing mothers are tested and evaluated for exposure to illegal drugs, to waive civil and criminal liability against qualified health care professionals conducting such test and evaluation in compliance with State-established procedures, and, if the newborn has been exposed to illegal drugs, to ensure that the necessary health care services are immediately made available to the mother and infant. Extends to the Coast Guard coverage under the law providing for identification, treatment, and rehabilitation of members of the armed forces who are dependent on drugs or alcohol. Title II: User Accountability and Drug Paraphernalia Restrictions - Subtitle A: User Accountability - Amends the Anti-Drug Abuse Act of 1988 to remove discretion from the courts and thus make mandatory the denial of Federal benefits for a fixed term after a conviction for distribution or possession of a controlled substance. Requires the Office of Management and Budget (currently, the President) to report to the Congress by January 1, 1991 (currently, May 1, 1989) with regard to the withholding of Federal benefits, including a listing of each such benefit for which drug traffickers and possessors will be ineligible. Specifies that the "approved" drug treatment program which an individual convicted of a controlled substance possession offense must successfully complete must be a program chosen by the court. Restricts the allocation and distribution of funds under the Drug Control and System Improvement Grant program to States: (1) that do not have in effect, and which do not enforce, laws requiring the mandatory revocation of the driver's license for at least one year for specified drug offenses and a mandatory denial of requests by such individuals for the issuance or reinstatement of such license; and (2) in which the State legislature has not voted to exempt the State from the operation of such provisions. Allows such State laws, without risking loss of Federal funds under this Act, to provide that the license of a first, but not a subsequent, offender, be reinstated upon performance of three months community service by such offender who passes periodic drug tests during such service. Prohibits the Secretary of the department in which the Coast Guard is operating from issuing a license, certificate of registry, or merchant mariner's document unless the applicant makes available to the Secretary information contained in the National Driver Register regarding the applicant's driving record. Directs the Secretary to: (1) review the criminal record of such an applicant; and (2) establish a testing program for use of a dangerous drug in violation of law for such applicant for issuance or renewal of a license or certificate of registry. Limits the duration of certificates of registry to five years, subject to renewal for additional five-year periods (currently, unlimited). Makes mariners' documents valid for five years, subject to renewal for additional five-year periods. Requires the Secretary to review the criminal record of applicants for renewal of mariners' documents, licenses, and certificates of registry. Sets forth provisions with respect to termination of existing certificates of registry and merchant mariners' documents. Requires the Secretary to: (1) request a holder of a license, certificate of registry, or merchant mariner's document to make available to the Secretary all information contained in the National Driver Register regarding the motor vehicle driving record of such individual; (2) establish a program for testing the holder of such a license for use of alcohol and dangerous drugs in violation of law; (3) temporarily suspend (subject to a hearing within 15 days) and take possession of the license held by an individual who performs a safety sensitive function on a vessel and where there is probable cause to believe that the individual has performed such function in violation of law, has been convicted of an offense that would prevent the issuance or renewal of the license, or has been convicted within the five-year period of an offense under the National Driver Register Act of 1982 (NDRA). Defines "dangerous drug" to mean a narcotic, controlled substance, or marijuana. Includes among the bases for license suspension or revocation conviction of an offense: (1) that would prevent the issuance or renewal of a license; or (2) under the NDRA within the five-year period preceding the suspension or revocation. Authorizes the termination of a license revocation only after: (1) the Secretary decides that the issuance is compatible with good discipline and safety at sea; and (2) the former holder provides satisfactory proof that the bases for revocation are no longer valid. Sets forth procedures for the removal of a master or individual in charge of a vessel reasonably believed to be under the influence of alcohol or dangerous drugs. Amends the NDRA to: (1) authorize an individual who holds or who has applied for a license to request the chief driver licensing official of a State to transmit to the Secretary information regarding the motor vehicle driving record of the individual; and (2) require the Secretary to make the information available to the individual for review and written comment before denying, suspending, or revoking such license and to keep such information confidential, with exceptions. Bars the transmission of motor vehicle driving record information which was entered in the register more than five years before the date of the request, unless such information relates to revocations or suspensions that are still in effect on the date of the request. Applies penalties for the negligent operation of a vessel while "intoxicated" to negligent operation while "under the influence of alcohol, or a dangerous drug." Subtitle B: Drug Paraphernalia Restrictions - Amends the Anti-Drug Abuse Act of 1986 to provide that criminal forfeiture of drug paraphernalia will be accomplished in accordance with procedures applicable to other criminal forfeiture provisions of the Controlled Substances Act (CSA). Authorizes the Attorney General to bring a civil action and to seek injunctive relief and authorizes the court to assess a civil penalty of up to $100,000 for violations of the paraphernalia statute. Provides for civil forfeiture of drug paraphernalia, other property involved, and property traceable to property involved in a violation of criminal forfeiture provisions. Title III: Interdiction Improvements - Makes it unlawful for the pilot, operator, or person in charge of any aircraft which has crossed the U.S. border or is subject to U.S. jurisdiction operating outside the United States to refuse to obey the order of an authorized Federal law enforcement officer to land in cases involving enforcement of controlled substances or money laundering laws. Sets forth analogous provisions with respect to vessels. Establishes penalties for violation of such provisions. Specifies that any vessel or aircraft used in such a violation may be seized and forfeited. Amends the Federal Aviation Act of 1958 to require: (1) revocation of the registration certificate of an aircraft that refuses to land when ordered to do so by a law enforcement officer; and (2) the Administrator of the Federal Aviation Administration to establish procedures for the owner of the aircraft to show cause why the factual predicate did not exist to trigger the revocation of the registration or why it would be in the public interest to issue a new certificate of registration to be effective concurrent with the revocation which occurred by operation of law. Authorizes the Coast Guard to issue orders and make inquiries, searches, seizures, and arrests with respect to violations of U.S. laws occurring aboard any aircraft over the high seas and waters over which the United States has jurisdiction. Specifies the method by which orders to land an aircraft must be communicated. Establishes a civil penalty for failure to comply with a lawful boarding or order to land. Amends the Tariff Act of 1930 to: (1) authorize U.S. Customs officers to exercise their enforcement authority outside of the United States, including any location in which Customs officers are permitted to conduct inspections, examinations, or searches; and (2) provide civil penalties for failure of an aircraft to comply with customs officer orders to land or bring to and Tariff Act provisions regarding the boarding of vessels. Title IV: International Narcotics Control - Amends the Foreign Assistance Act of 1961 (FAA) to: (1) authorize the President to provide narcotics-related assistance to Bolivia, Colombia, and Peru; and (2) make funds available under such Act and the Arms Export Control Act for training and equipment for law enforcement agencies or other units in such countries organized for the specific purpose of narcotics enforcement. Waives during FY 1991 provisions of the FAA and similar provisions relating to limitations on assistance to countries in default on obligations owed to the United States with respect to narcotics-related assistance for a country which is a major illicit drug-producing country because of its coca production. Authorizes the President to provide assistance under the FAA to promote the production, processing, and marketing of products which can be produced economically in such countries in order to reduce dependence upon the production of crops from which narcotic and psychotropic drugs are derived. Revises certain narcotics-related provisions of the FAA to: (1) authorize the use of funds for international narcotics control for defensive arming of U.S.-title aircraft used in narcotics control eradication or interdiction efforts and for personnel and agents participating in such efforts; and (2) make an exception to the provision requiring the President to withhold 50 percent of the assistance authorized and appropriated for a major drug-producing or drug-transit country pending the March 1 certification of narcotics cooperation if he determines that application of such provision would be contrary to the national interest. Repeals provisions requiring that any aircraft made available to a foreign country be provided only on a lease or loan basis. Permits the assigning of more than six members of the armed forces to Military Assistance Groups in Bolivia and Peru. Continues for FY 1991 the waiver of the requirement under the FAA to withhold 50 percent of annual foreign aid to major drug-transit countries which meet specified requirements, such as cooperation with the United States in achieving anti-narcotics objectives. Amends the Federal criminal code to authorize the Secretary of State to order the surrender to a foreign country of a U.S. citizen whose extradition has been requested by such country even if the terms of the applicable treaty or convention do not obligate the United States to extradite its citizens. Amends the Export-Import Bank Act of 1945 to extend the Export-Import Bank's authority to finance sales of defense articles and services for anti-narcotics purposes to September 30, 1992 (currently, expires September 30, 1990). Expresses the sense of the Congress that: (1) practices of foreign governments that condone or permit illicit narcotics production and export are considered damaging to future trade relations with the United States; and (2) the Office of the U.S. Trade Representative should bring the matter of illicit narcotics production and export to the attention of appropriate countries, require foreign countries that tolerate such activities to address their elimination in a serious and effective manner, and consider rewarding foreign countries that make significant strides against drug trafficking with good trade relations with the United States. Title V: 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 for enhanced penalties for: (1) the use of a semiautomatic firearm during a crime of violence or drug trafficking offense, with exceptions; and (2) possession of a firearm or explosive during the commission of such offenses. Makes enhanced penalties inapplicable in the presence of specified mitigating circumstances, unless the defendant engaged or participated in criminal conduct that gave rise to the occasion for the defendant's use of the firearm. 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. Amends the Internal Revenue Code to: (1) change from six to five years the statute of limitations for certain firearms offenses; and (2) provide for the summary forfeiture of unregistered National Firearms Act weapons, with provision for reimbursement for innocent owners. Makes it unlawful for felons and others to possess explosives. Authorizes the summary destruction of explosives subject to forfeiture under specified circumstances. Sets forth requirements for reimbursement of the value of destroyed property. Title VI: Death Penalty - 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: (1) espionage, treason, homicide, and the attempted murder of the President; and (2) drug offenses punishable by the death penalty (such factors include previous serious drug felony convictions, use of a firearm in committing or furthering certain continuing criminal enterprises, use of minors in trafficking, and lethal adulteration of controlled substances.) Directs the court, or the jury by unanimous vote, to impose the death penalty upon a finding of at least one aggravating and no mitigating factor, or one or more aggravating factors which outweigh any 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, creed, 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 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); (8) engaging in a criminal enterprise activity which results in death; (9) specified violations of the CSA, the Controlled Substances Import and Export Act, and the Maritime Drug Law Enforcement Act; and (10) genocide. Increases the minimum sentence to life imprisonment for the crime of bank robbery which results in death. Provides for appointment of counsel in Federal cases where a defendant is charged with a crime with respect to which a sentence of death is sought and is or becomes financially unable to obtain adequate representation. Sets forth additional provisions with respect to: (1) representation before and after review of judgment; (2) standards for competence of counsel; and (3) claims of ineffectiveness of counsel. Authorizes, in the discretion of the court, appointment of counsel for a petitioner who is or becomes financially unable to afford counsel in Federal habeas corpus proceedings involving State prisoners in capital cases. Sets forth provisions regarding: (1) deadlines for collateral attacks on judgments imposing a sentence of death; and (2) stays of execution. Title VII: Criminal Justice System Reform - Subtitle A: Habeas Corpus Proceedings Relating to Death Penalty Cases - Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases. Applies such procedures to Federal habeas corpus cases brought by prisoners in State custody who are subject to a capital sentence. Makes the applicability of such procedures contingent upon a State establishing a mechanism for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in State post-conviction proceedings brought by indigent prisoners whose capital convictions and sentences have been upheld on direct appeal to the court of last resort in the State or have otherwise become final for State law purposes. States that the rule of court on statutes establishing such mechanism must provide standards of competency for the appointment of such counsel. Directs that any such mechanism must offer counsel to all State prisoners under capital sentence and must provide for the entry of an order by a court of record: (1) appointing counsel to represent the prisoner upon a specified finding; (2) finding that the prisoner has rejected the offer of counsel and made the decision with an understanding of its legal consequences; or (3) denying the appointment of counsel upon a finding that the prisoner is not indigent. Provides for a mandatory stay of execution during the post-conviction review initiated pursuant to this Act. Details conditions which will cause such stay to expire. Prohibits a Federal court, if one of such conditions has occurred, from entering a stay of execution or granting relief in a capital case unless: (1) the basis for the stay and request for relief is a claim not previously presented in the State or Federal courts; (2) the failure to raise the claim was the result of State action in violation of the Constitution or laws of the United States, was the result of a recognition by the Supreme Court of a new Federal right that is retroactively applicable, or is due to the fact that the claim is based on facts that could not have been discovered through the exercise of reasonable diligence in time to present the claim for State or Federal post-conviction review; and (3) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the jury's determination of guilt on the offense for which the death penalty was imposed. Imposes time limits on filing for habeas corpus relief. Requires such time limits to be tolled under specified conditions. Requires the district court, upon the development of a complete evidentiary record, to rule on the merits of the claims properly before it. Makes the requirement for a certificate of probable cause inapplicable, with exceptions, where: (1) a second or successive petition is filed; and (2) certain requirements under a unitary review procedure (i.e., a State procedure that authorizes a person under sentence of death to raise, in the course of direct review of judgment, such claims as could be raised on collateral attack) are met. Subtitle B: General Habeas Corpus Reform - Amends the Federal judicial code to prohibit consideration of a habeas corpus claim by a State prisoner unless actual prejudice resulted from the denial of a Federal right and: (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. Sets forth provisions regarding the appointment of counsel. Subtitle C: Exclusionary Rule - Amends the Federal criminal code to bar the exclusion of evidence obtained as a result of a search or seizure carried out under circumstances justifying an objectively reasonable belief that it was in conformity with the fourth amendment. Specifies that evidence shall not be excluded on the ground that it was obtained in violation of a statute, an administrative rule or regulation, or a rule of procedure unless exclusion is expressly authorized by statute or by a rule prescribed by the Supreme Court pursuant to statutory authority. Title VIII: Criminal Alien Justice Act - Amends the Immigration and Nationality Act to authorize Immigration and Naturalization Service (INS) agents and officers to carry firearms and make arrests. Revises the definition of "aggravated felony" for purposes of such Act. Includes among the classes of aliens ineligible to receive visas and excluded from U.S. entry an alien who: (1) is in illicit possession of a controlled substance; and (2) has been convicted of an aggravated felony. Subjects such aliens to summary exclusion. Subjects an alien convicted of an aggravated felony to an expedited summary deportation proceeding. Requires Federal and State courts to notify the INS upon sentencing an alien to an aggravated felony. Bars aliens who are aggravated felons and other criminal aliens from: (1) asylum; (2) a judicial recommendation against deportation; and (3) a deportation waiver based on length of U.S. domicile, family hardship, good moral character, and specified other grounds. Title IX: Justice System Integrity and Accountability - Subtitle A: Public Corruption - Amends the Federal criminal code to prescribe penalties to be imposed against anyone who defrauds the inhabitants of the United States, Indian country, or a State or political subdivision 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, the filing of fraudulent campaign reports, intimidating or coercing an individual to vote (or decline to vote) or register (or decline to register) to vote, or the unauthorized alteration or substitution of a ballot. Prescribes criminal penalties to be imposed upon any official who: (1) for financial gains uses interstate commerce to defraud the inhabitants of the United States, 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. 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. Subtitle B: Drug Testing - 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. Provides for revocation of supervised release by a defendant placed on parole, probation, or post-imprisonment release if such defendant unlawfully uses a controlled substance or refuses to cooperate in drug testing. 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 program, 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. Subtitle C: Protection of Witnesses, Jurors, and Court Officers - Increases penalties for obstruction of justice offenses against court officers and jurors and for retaliatory killings of witnesses, victims, and informants. Title X: Amendments Related to Asset Forfeiture, Controlled Substances, and Money Laundering - Subtitle A: Asset Forfeiture - Sets forth provisions regarding the transfer of appropriations from the Department of Justice Assets Forfeiture Fund to the Special Forfeiture Fund. Authorizes such transfers on a quarterly basis (currently, at the end of each fiscal year). Amends the Federal judicial code to authorize the Attorney General to warrant clear title to a subsequent purchaser or transferee of forfeited property. Amends the Federal criminal code to provide for the forfeiture of the proceeds of a foreign drug offense, except to the extent of an interest of an owner by reason of any act or omission established by that owner to have been committed or omitted without the knowledge, consent, or willful blindness of the owner. Amends the Federal criminal code and the CSA to: (1) bar the use of bankruptcy proceedings to prevent a criminal forfeiture for violations of such Act; and (2) provide for nonabatement of criminal forfeiture when a defendant dies pending appeal. Amends the CSA to provide for the forfeiture of: (1) personal property used to facilitate a drug offense; and (2) proceeds traceable to conveyances used to facilitate drug violations. Authorizes the Attorney General or Secretary of the Treasury to transfer the forfeited personal property, or the proceeds of the sale of forfeited personal or real property, to a foreign country which participated in the seizure or forfeiture of the property, subject to specified conditions. Amends the CSA to authorize the destruction of dangerous, toxic, or hazardous materials subject to forfeiture. Amends the Federal judicial code to authorize the payment of awards for information or assistance leading to a civil or criminal forfeiture under any law enforced or administered by the Department of Justice. (Under current law, such authority is limited to forfeitures under specified Federal statutes.) Eliminates a restriction on the disposal of judicially forfeited property by the Department of the Treasury and the U.S. Postal Service. Provides that substitute assets will be forfeited by an intermediary who does not retain the laundered property if that person participates in three or more transactions involving $100,000 or more in a 12-month period. Amends the Anti-Smuggling Act of 1935 to: (1) provide for the seizure and forfeiture of vehicles with concealed compartments under specified conditions; and (2) make the existence of any compartment or equipment built or outfitted for smuggling to be prima facie evidence that a vehicle, vessel, or other conveyance is being, has been, or is attempted to be employed in smuggling or in defrauding the revenue of the United States. Authorizes the disclosure of grand jury information for use in connection with civil forfeiture proceedings. Authorizes the Director of the Office of National Drug Control Policy to transfer funds to agencies responsible for carrying out the National Drug Program. Subtitle B: Controlled Substances - Adds certain cocaine and drug conspiracy and attempt offenses committed by juveniles to the list of crimes for which prosecution as an adult is authorized if the Attorney General certifies that there is a substantial Federal interest in the case that justifies adult prosecution. Amends the CSA and Controlled Substances Import and Export Act to define "felony drug offense" as an offense relating to narcotics, marihuana, depressants, or stimulants. Revises recidivist penalty provisions of such Acts to incorporate such term. Provides for: (1) a sentence of mandatory life imprisonment without release and a fine for certain CSA convictions after two or more prior felony drug offense convictions; and (2) a mandatory fine of at least $1,000 for possession of a substance with a cocaine base under specified circumstances. Increases the minimum prison sentence for use of underage persons in illegal drug transactions. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to provide for innovative intermediate sanctions programs in combination with drug testing, including boot camps, house arrest, electronic monitoring, intensive supervision, and community service. Amends the Tariff Act of 1930 to require the payment of at least a $500 penalty for failure to declare a controlled substance. Provides for enhanced penalties for drug trafficking in Federal prisons. Authorizes funding through January 1, 1992, for Treasury undercover operations under the Anti-Drug Abuse Act of 1988. Raises the cap for certain discretionary grants under the Omnibus Crime Control and Safe Streets Act of 1968 for drug and violent crime control programs . Sets forth provisions requiring the fingerprinting and photographing of, and keeping of records and information concerning, juveniles found guilty of specified felony or controlled substances offenses. Repeals provisions establishing procedures for special probation and record expungement for drug possessors. Subtitle C: Money Laundering - Makes changes in the definition of "financial transaction" for purposes of the money laundering statute. Amends the Anti-Drug Abuse Act of 1988 to continue the $10,000 cash transaction reporting requirement for another two years. Amends the Right to Financial Privacy Act of 1978 (RFPA) to authorize the transfer of certain financial records to another agency if the transferring agency has reason to believe that the records are relevant to a matter within the jurisdiction of, or appropriate for analysis by, the receiving agency for law enforcement purposes. Prohibits the disclosure of the existence or terms of a geographic targeting order. Makes the RFPA inapplicable to a financial institution providing information that it has reason to believe may be relevant to a Bank Secrecy Act violation. Exempts from liability a financial institution that: (1) ceases to do business with a customer because of suspicious transactions; and (2) discloses in good faith information and records relating to a customer violation of the Bank Secrecy Act. Authorizes the warrantless search of outgoing mail at U.S. borders by the U.S. Customs Service when a customs officer has reasonable cause to suspect that there are monetary instruments being transported in such a letter. Adds certain predicate offenses relating to financial institutions to the Federal money laundering statute. Amends the RFPA to add conforming predicate laundering references to the "insider" exemption under such Act. Subtitle D: Other Provisions - Authorizes the disclosure of cable television subscriber information to a Federal grand jury. Amends the Anti-Drug Abuse Act of 1988 to permit an arrest warrant to be issued for a foreign fugitive about to enter the United States. Authorizes State government personnel to assist in court-authorized electronic or wire interceptions. Authorizes providers of electronic communication services to disclose specified information, upon written request, to a governmental entity. Amends the Federal criminal code to provide that an element of an offense that the defendant knew that property was stolen or counterfeit may be established by proof that the defendant, as a result of an official representation as to the nature of the property, believed the property to be stolen or counterfeit. Amends Federal criminal code provisions with respect to the sexual abuse of minors to: (1) include 12- and 13-year-olds within the scope of provisions prohibiting engaging in sexual acts with children; (2) revise the definition of sexual act to include the intentional touching, not through the clothing, of the genitalia of individuals under age 16 with intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; and (3) provide enhanced penalties for subsequent offenses. Amends the Bankruptcy code to except from discharge under bankruptcy the payment of restitution under the Victim and Witness Protection Act of 1982. Title XI: Drug War Bonds - Directs the Secretary of the Treasury to issue: (1) Drug War Bonds for a three-year period with a 12-year maturity date; and (2) Drug War Stamps to evidence payments for or on account of such bonds. Specifies that the difference between the price paid and the amount received on redeeming a Drug War Savings Bond is interest under the Internal Revenue Code. Authorizes a taxpayer to designate a specified portion of any tax overpayment or make cash contributions to the War on Drugs Trust Fund (established by this Act). Authorizes the Attorney General to make expenditures from the Department of Justice Assets Forfeiture Fund into the War on Drugs Trust Fund. Amends the Internal Revenue Code to establish the War on Drugs Trust Fund. Transfers to such Fund: (1) proceeds from the sale of Drug War Bonds and stamps; and (2) certain cash contributions and portions of tax overpayments. Prescribes expenditures from the War on Drugs Trust Fund, including the construction of Federal prison facilities and education and rehabilitation programs. Directs the Attorney General to make recommendations to the Congress regarding the merits of privatizing Federal prisons. Title XII: Transportation Safety - Directs the Secretary of Transportation to establish testing programs for the use, in violation of law or Federal regulation, of controlled substances and of alcohol by individuals performing sensitive safety- or security-related functions for air carriers, motor carriers, rail carriers, pipeline facility operators, and recipients of assistance under the Urban Mass Transportation Act of 1964. Directs the Secretary to establish only those requirements applicable to foreign air and motor carriers that are consistent with U.S. international obligations, taking into consideration any applicable laws and regulations of foreign countries. Requires the Secretary to conduct a program to reduce illegal drug activities at truck stops. Provides that such program may include security and law enforcement activities at truck stops and educational programs for truck stop operators and operators of commercial motor vehicles. Sets forth provisions with respect to matching of Federal appropriations for such program. Amends the CSA to impose mandatory minimum criminal penalties for the unlawful distribution or possession of controlled substances within 1,000 feet of a truck stop or safety rest area. Prohibits the suspension of a sentence, granting of probation, or eligibility for parole until the individual has served the minimum required sentence under the Federal criminal code for any person who violates this Act after a prior conviction under this Act has become final. Requires the U.S. Sentencing Commission to promulgate specified sentencing guidelines for violations of this Act. Bars multiple enhancements.
United States · United States Congress · 13 June 1990
Amends the Federal Election Campaign Act of 1971 to revise the definition of a "contribution or expenditure" by a national bank, corporation, or labor organization to: (1) include communications to influence any election for Federal office by a corporation to its stockholders and executive or administrative personnel and their families or by a labor organization to its members and their families; and (2) repeal provisions excluding non-partisan registration and get-out-the-vote campaigns. Requires any payments by corporations or labor organizations for all other communications and for the establishment of, and solicitation of contributions for, a separate segregated fund for purposes relating to any such election to be disclosed to the Federal Election Commission in the same manner as for contributions or expenditures. Amends the Federal Election Campaign Act of 1971 to subject to the limitations and reporting requirements for expenditures any payment for a mixed political activity (an activity, such as a voter registration program, for both influencing an election for Federal office and for other purposes) by a national or State committee of a political party. Requires such a payment to be made only from an account subject to the requirements of that Act.
United States · United States Congress · 13 June 1990
Amends the Federal Election Campaign Act of 1971 to: (1) require unauthorized political advertising that advocates the election or defeat of a clearly identified candidate or solicits any contribution to contain a statement at the beginning and end that is easily readable or audible which identifies the person who paid for such advertising and specifies that the advertising is not authorized by any candidate; (2) allow House candidates to certify to the Federal Election Commission (FEC) their intention to limit to $100,000 their total expenditures from personal funds and the personal funds of their immediate family; (3) provide that the opponent of a candidate who spends more than such amount or who does not make such a certification shall no longer be subject to the limitations on contributions; and (4) direct the FEC to prescribe regulations for making such certifications.
United States · United States Congress · 13 June 1990
Amends the Federal Election Campaign Act of 1971 to: (1) require any individual required to file a statement of independent expenditures in an aggregate amount or value in excess of $250 during a calendar year to certify that such expenditures are from personal funds and to identify the financial institution from which any instrument is drawn to make such expenditures; (2) prohibit States from making any contribution or expenditure with respect to a Federal election or acting as an intermediary or conduit with respect to such contribution; (3) require disclosure of debt settlement and loan security agreements; (4) include as contributions any gift, subscription, loan, or deposit of money or anything of value made by any person to draft or encourage a clearly identified individual as a candidate for Federal office; and (5) treat such a contribution as a contribution to a candidate whether or not the individual actually becomes a candidate, for purposes of the limitations on contributions to any candidate for Federal office. Requires Members of, or Members-elect to, the House of Representatives to account for all franked mail excluding franked mail with a simplified form of address for delivery within the Member's congressional district.
United States · United States Congress · 13 June 1990
Amends rule XLVI of the Rules of the House of Representatives to exempt a notice of appearance or a scheduled itinerary from the franked mailing limitations only if: (1) it is in the form of a post card; (2) it is sent to addresses within specified travel distance from the event which the Member will attend; (3) the Member attends the event; and (4) an advisory opinion is obtained from the House Commission on Congressional Mailing Standards. Establishes an Official Mail Allowance for franked mailing by Members of the House of Representatives within specified guidelines and limitations. Amends rule XLVI of the Rules of the House of Representatives to: (1) reduce from six to two the number of franked mailings per year per addressee to which a Member after December 31, 1990, is entitled; (2) reduce from six to two, after such date, the number of franked mailings per year per addressee relating solely to a notice of appearance of a scheduled itinerary of a Member; (3) require a Member, before making any mass mailing (including direct response to communications from constituents), to submit a sample or description of the mail matter involved to the House Commission on Congressional Mailing Standards for a statutory compliance advisory opinion; (4) require the Clerk of the House of Representatives to make available for public inspection, semi-annually, a mass mailing report compiled from data provided by the House Committee on Administration; and (5) require that a mass mailing by a Member contain a specified notice on the cover page of the document.