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Official portrait of Rep. Nielson, Howard C. [R-UT-3]

Rep. Nielson, Howard C. [R-UT-3]

United States · Official source

Memberships

  • · House of Representatives · present
  • R · R · present

Votes

No stored named vote for this person. House roll-calls come from Congress.gov; Senate member lists come from senate.gov LIS XML.

Bill· HRH.R. 5975 (101st)open

Budget Process Reform Act

United States · United States Congress · 27 October 1990

Budget Process Reform Act - Title I: Statement of Congressional Purpose - Declares that the purpose of this Act is to facilitate rational, informed, and timely decisions by the Congress. Expresses the sense of the Congress that the Federal budget process should focus the attention of policymakers and the public on the aggregate impact of Federal spending on the economy, and on the tradeoffs that must be made among priorities in order to control overall levels of spending. Declares that the budget process should contain safeguards against delay and inaction, so that temporary shut-downs of the Government may be avoided. Title II: Binding Budget Law - Requires the Congress to enact a binding budget law, in the form of a joint resolution, by April 15 of the calendar year before that in which the fiscal period commences. Requires the budget law to fit on a single page, which sets forth specific budget ceilings in major functional categories. Makes it out of order in the House of Representatives or the Senate to consider any spending bill affecting spending in a major functional category unless and until a joint resolution on the budget is enacted. Amends the Congressional Budget Act of 1974 to prohibit baseline budgeting. Requires the budget to include comparisons of current fiscal year and proposed subsequent fiscal year spending. Title III: Enforcement Mechanisms - Subtitle A: Super majority Required to Break Budget Law - Requires a two-thirds majority vote in the House and the Senate to consider any spending bill prior to the enactment of the budget law. Requires the Congressional Budget Office to provide to the Congress an estimate of the costs in each major functional category of any spending bill as soon as practicable after its introduction. Limits such estimates to those bills likely to result in costs of more than $10,000,000. Requires a two-thirds affirmative vote in the House and the Senate to consider over-budget spending bills. Requires a two-thirds affirmative vote in the House and the Senate to waive any provision of this Act. Subtitle B: Limited Enhanced Rescission Authority - Amends the Impoundment Control Act of 1974 to limit the President's rescission authority to spending that is above the limits of the budget law. Subtitle C: "Blank Check" Appropriations Prohibited - Declares the intent of the Congress to end open-ended, "blank check" appropriations which typically authorize spending "such sums as may be necessary." Requires fixed-dollar appropriations for every account except social security and interest on the debt. Prohibits open-ended appropriations. Requires Executive agencies to adjust benefit levels to ensure that appropriations for entitlement programs are not exceeded. Subtitle D: "Pay As You Go" Requirement for New Spending - Prohibits the Congress from considering any legislation which exceeds the budget ceiling unless it offsets such increased spending with an equal amount of reductions. Requires a two-thirds affirmative vote in the House and the Senate to waive such prohibition. Title IV: Sustaining Mechanism - Makes appropriations to provide for an automatic continuing resolution if for any account an appropriation for a fiscal period does not become law before the beginning of such period. Restricts legislation providing funding to the Committees on Appropriations. Title V: Protection of Social Security - Provides that no reduction in benefits under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act shall be made as a consequence of this Act. Title VI: Timetable - Revises the timetable for the congressional budget process. Title VII: Conforming Amendments - Makes various technical and conforming amendments, including changing references to a concurrent resolution on the budget to references to a joint resolution on the budget. Title VIII: Definitions and Rules of Interpretation - Sets forth definitions for specified terms. Title IX: Effective Date - Declares the effective date of this Act to be January 1, 1991, applicable to fiscal years beginning after September 30, 1991.

Bill· HRH.R. 5905 (101st)referred

Civil Rights Act of 1990

United States · United States Congress · 23 October 1990

Civil Rights Act of 1990 - Amends the Civil Rights Act of 1964 to provide for the burden of proof which the complaining party and the respondent must meet in certain situations relating to unlawful employment practices based on disparate impact. Allows a rule barring employment of an individual who currently and knowingly uses or possesses an illegal drug unless the rule is adopted or applied with intent to discriminate. Allows establishment of an unlawful employment practice on a demonstration that a certain basis was a motivating factor for a practice, even though other factors also motivated the practice. Prohibits certain types of relief on a demonstration that the respondent would have taken the same action in the absence of any discrimination. Allows, on such a showing, declaratory and injunctive relief, attorney's fees, and costs. Provides for the finality of litigated or consent judgements or orders, barring actions (challenging an employment practice required by a judgment or order) by persons who had certain types of notice and opportunity. Declares that an alleged unlawful employment practice occurs, with regard to a seniority system, when: (1) the system is adopted; (2) an individual becomes subject to the system; or (3) a person is injured by application of the system or provision, adopted for an intentionally discriminatory purpose, whether or not the discriminatory purpose is apparent on the face of the provision. Allows a court, in fashioning remedies for unlawful intentional employment discrimination, to require the respondent to pay a specified amount if: (1) needed to deter the respondent from engaging in such practices; and (2) otherwise justified by the equities, consistent with the purposes of the equal employment opportunities provisions of the Act, and in the public interest. Requires all employment discrimination cases to be heard and determined by a judge, except that, if the court determines that the claims presented may require the payments authorized by this paragraph and that a jury trial is constitutionally required for such relief, a jury may be empaneled to determine such issues and no others. Allows expert fees to be included in attorney's fees awarded to the prevailing party in an employment discrimination case. Extends the time limit for an aggrieved employee or employment applicant to file a civil action after notice of final action by a department, agency, or unit of the Federal Government. Requires the same interest to compensate for delay in payment by the Government as in cases involving non-public parties. Amends Federal law to declare that: (1) for purposes of provisions relating to equal rights under the law, the right to make and enforce contracts includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contract; and (2) the rights protected by the amended provisions are protected against impairment by non-governmental discrimination as well as against impairment under color of State law. Amends the Age Discrimination in Employment Act of 1967 to require the Equal Employment Opportunity Commission to notify the person aggrieved if an age discrimination charge is dismissed by the Commission. Allows a civil suit to be brought within a specified time limit after the dismissal. Provides for the application of this Act, the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967, and the Rehabilitation Act of 1973 to the Senate, the House of Representatives, and instrumentalities of the Congress. Prohibits construing the amendments made by this Act, or any statute amended by this Act, so as to require, permit, or result in the adoption or implementation of quotas. Encourages the use of alternative means of dispute resolution to resolve disputes arising under the Acts amended by this Act.

Law· HJRESH.J.Res. 673 (101st)enacted

To designate November 2, 1990, as a national day of prayer for members of American military forces and American citizens stationed or held in the Middle East, and for their families.

United States · United States Congress · 17 October 1990

Expresses the sense of the Congress that the President should declare November 2, 1990, a national day of prayer for: (1) members of American military forces and American citizens stationed or held hostage in the Middle East, and for their families; and (2) American and Iraqi authorities to bring about a just resolution of the Persian Gulf crisis.

Bill· HRH.R. 5761 (101st)referred

Four Percent Solution Budget Act

United States · United States Congress · 1 October 1990

Four Percent Solution Budget Act - Title I: The Four Percent Solution - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to impose a a four-percent cap on increases in outlays from the preceding year. Extends certain provisions and the terminating date of such Act through FY 1997 (currently, FY 1993). Excludes receipts and disbursements of the Resolution Trust Corporation from the budget deficit or any other totals of the budget. Amends the Congressional Budget Act to adjust the allowable maximum deficit amounts until there is a zero deficit in FY 1997. Requires the President to issue a midyear sequester on March 15 necessary to meet deficit and outlay targets. Requires the Congressional Budget Office and the Office of Management and Budget to make specified preliminary reports to the President before the issuance of such sequester. Title II: Preparation of the Budget - Amends Federal law to revise required budget contents with respect to estimated expenditures and proposed appropriations for the current fiscal year and the next fiscal year. Amends the Congressional Budget Act of 1974 to require the starting point for deliberations in the Committees on the Budget in the House of Representatives and in the Senate on the concurrent resolution on the budget for the next fiscal year to be the estimated level of outlays for the current year in each function and subfunction. Revises content requirements for the report accompanying such resolution. Requires the Director of the Congressional Budget Office to include in the report to the Budget Committees the estimated budget outlays in all functions and subfunctions for appropriated accounts for the current fiscal year and estimated budget outlays under current law for all entitlement programs for the next fiscal year. Title III: Pay-As-You-Go Budget - Prohibits the concurrent resolution on the budget from causing: (1) total budget outlays (excluding outlays of the Resolution Trust Corporation) to exceed the outlays target for that fiscal year; and (2) the recommended level of Federal revenues (excluding revenues of the Corporation) to be less than the recommended level of Federal revenues for the preceding fiscal year (excluding revenues of the Corporation). Prohibits a concurrent resolution on the budget from: (1) providing for an outlay excess in a functional category unless it provides for a decrease in budget outlays in another functional category; or (2) providing for a reduction in the recommended level of Federal revenues below that set forth in the most recently agreed to concurrent resolution on the budget for the preceding year, unless it provides for a reduction in budget outlays below the appropriate level established for the preceding year. Allows a waiver of such prohibitions by a three-fifths vote of each House of Congress. Makes it out of order in the Senate and in the House to consider a concurrent resolution under which the recommended level of revenues for a fiscal year exceeds the appropriate level of total budget outlays for that fiscal year unless the resolution specifies the purposes for which the excess revenues are to be allocated. Makes conforming amendments to Federal law with respect to the President's budget.

Bill· HRH.R. 5735 (101st)referred

Comprehensive Energy Self-Sufficiency Act of 1990

United States · United States Congress · 27 September 1990

Comprehensive Energy Self-Sufficiency Act of 1990 - Declares it the policy of the United States to encourage cost effective energy conservation and to facilitate research and development of domestic energy resources. Title I: Conservation and Energy Efficiency - Amends the Public Utility Regulatory Policies Act of 1978 (PURPA) to provide that the permissible State-regulated electric utility charges shall be such that a utility's return on energy investments is commensurate with returns earned on other utility investments of similar risk. Requires the Secretary of Energy to report to the President and the Congress regarding specified effects of least-cost energy planning upon electric utility rates. Requires the Tennessee Valley Authority to use least cost planning in its decision-making regarding increased electric power demand. Amends the National Enregy Conservation Policy Act (NECPA) to set a deadline by which each Federal agency must: (1) install energy conservation measures in Federal buildings with a specified payback period; (2) submit a list of projects to the Secretary which meets such payback criterion and which indicates total energy and cost savings involved; and (3) have substantially completed at least 25 percent of such projects or as many as would account for 25 percent of total energy savings. Directs the Secretary to develop guidelines for the selection of energy service contractors. Directs the Secretary to provide financial assistance to support a voluntary, national window rating program to develop a window energy ratings and labels. Directs the Federal Trade Commission to prescribe labeling rules for windows and window systems. Authorizes approriations. Amends NECPA to direct the Secretary to: (1) promulgate procedural guidelines enabling the States to assign energy efficiency ratings to residential buildings; and (2) establish a technical assistance program to State and local governments adopting energy efficiency rating systems or building codes. Amends the Internal Revenue Code to exclude from gross income: (1) the value of any subsidy provided by a public utility to a customer for the purchase or installation of any energy or water conservation measures; and (2) the value of any qualified transportation benefit provided by an employer. Restores the tax credit for residential energy conservation expenditures where heating oil is the primary source of heating. Title II: Renewable Energy Sources - Amends the Federal Power Act to prohibit the issuance of licenses for certain hydroelectric project works to anyone but the owner. Amends PURPA and the Federal Power Act to remove the size limitations placed upon hydroelectric generating facilities eligible for PURPA regulatory benefits. Amends the Internal Revnue Code to extend: (1) the time during which credit will be granted for producing fuel from nonconventional source; (2) excise tax rate reductions will apply to alcohol fuel mixtures; (3) credit will be applied for alcohol used as fuel. Title III: Electric Power - Competitive Wholesale Electric Generation Act of 1990 - Authorizes public utility holding companies that are exempt from the provisions of the Public Utility Holding Company Act of 1935 to acquire business interests in generators used exclusively for selling electric energy at wholesale (exempts wholesale generators). Declares that the ownership of exempt wholesale generators shall not result in the owner's being considered as primarily engaged in the sale or generation of electric power under the Federal Power Act. Preserves the ratemaking authority of the States. Amends the Federal Power Act to direct the Federal Energy Regulatory Commission (FERC), before approving rates agreed to between a public utility and a wholesale seller, to require the purchasing utility to certify that the rate conforms with least-costing planning schemes. Defines circumstances under which electric energy charges by a public utility exempt wholesale generator will be considered unjust and unreasonable. Authorizes appropriations for electronic switching research. Directs the Secretary of Energy to report to the Congress on legislative and regulatory reforms and incentives for more reliable electric transmission transfer capability within the reliability councils comprising the North American Electric Reliability Council. Title IV: Natural Gas - Directs FERC to: (1) issue regulations to expedite pipeline certifications; and (2) report to certain congressional committees on recommended reforms to facilitate increased deliverability of natural gas to consumers. Amends the Mineral Leasing Act to repeal the current 60-day waiting period requirement after notification of certain congressional committees before certain pipeline rights-of-way may be granted. Title V: Oil -Subtitle A: Use of MMT in Unleaded Gasoline - Directs the Administrator of the Environmental Protection Agency to approve the use of methylcyclopentadienyl manganese tricarbonyl (MMT) in unleaded gasoline. Subtitle B: Tax Incentives for Oil and Natural Gas Exploration and Production - Part I: National Energy Security Tax Credits - Amends the Internal Revenue Code (IRC) to establish a crude oil and natural gas exploration and development tax credit. Allows a 20 percent credit for qualified investments. Establishes a marginal production income tax credit for producers who maintain economically unproductive oil wells. Applies the credit to domestic crude that is: (1) from stripper well property; (2) heavy oil; (3) oil recovered through a tertiary recovery method; or (4) harsh environment oil (produced from Arctic areas in submerged lands). Fixes the credit at 20 percent of the qualified cost (determined in accordance with a formula set forth in this Act) of each barrel produced by the producer during the taxable year. Part II: Additional Exploration and Production Incentives - Amends the IRC to treat certain geological and geophysical costs and surface casing costs as intangible drilling and development costs that a taxpayer may elect to capitalize or to deduct for income tax purposes. Precludes a percentage depletion income tax deduction for proven oil and gas wells from application of the net income limitation percentage depletion. Increases from 65 percent to 100 percent the taxable income limitation on the percentage depletion deduction for oil and gas property. Affirms natural gas found in tight sands formations as a qualified fuel with respect to the credit, without exceptions. Defines "tar sands" for purposes of such credit. Part III: Amendments to the Alternative Minimum Tax - Repeals provisions that identify intangible drilling costs as a tax preference item for purposes of determining alternative minimum tax liability and corporate preference reductions. Part IV: Miscellaneous Tax and Administrative Amendments - Declares Revenue Ruling 77-176 (and other rulings that reach similar results) to be inapplicable with respect to the income tax treatment of mineral sharing arrangements. (The Revenue Ruling address situations in which a driller receives from a lessee an operating interest in oil and gas property as consideration for drilling a well on the leased tract.) Revises provisions governing the time when economic performance occurs for the purpose of income tax deductions or credits in connection with removal of offshore oil or gas production facilities. Specifies expressly the types of oil and gas exploration and development costs that are exempt from the required application of uniform cost capitalization rules. Subtitle C: Recovery Depletion Allowance; Research and Development Credit - Amends the Internal Revenue Code to set a depletion allowance of 27.5 percent in connection with domestic oil and natural gas recovered through enhanced recovery techniques. Reduces this percentage (but not below 15 percent) as the average annual removal price during the calendar year exceeds $30 (indexed for inflation). Terminates this provision with respect to production after 2009. Increases from 50 percent to 100 percent the net income limitation on percentage depletion in connection with incremental tertiary oil or natural gas. Permits a ten percent income tax credit for research to discover or improve tertiary recovery methods for domestic crude oil or natural gas. Subtitle D: Arctic National Wildlife Refuge - Directs the Secretary of the Interior to implement a competitive oil and gas leasing program for the Coastal Plain of the Arctic National Wildlife Refuge. States that this subtitle shall be considered the primary land management authorization for all exploration and production activities on the Coastal Plain. Provides that no land management review shall be required except as management specifically authorized by this subtitle. Mandates that all receipts from sales, rentals, bonuses, and royalties on leases under this subtitle be deposited into the Treasury. Directs the Secretary to promulgate regulations to ensure that oil and gas exploration and transportation activities are conducted to achieve the reasonable protection of animals and environmental resources (including subsistence uses of the Coastal Plain). States that the "Arctic National Wildlife Refuge, Alaska, Coastal Plain Resource Assessment," prepared by the Secretary, satisfies all legal requirements for such promulgation and that no further studies or assessments shall be required. Directs the Secretary to provide impact aid and other assistance to communities on the North Slope and elsewhere in Alaska in order to ensure the public services needed to accommodate oil and gas production and transportation activities on the Coastal Plain. Title VI: Coal - Directs the Secretary of Energy to establish research and demonstration goals for the timely development of: (1) coal production, transportation, and use technologies; and (2) cost-effective advanced coal-based technologies to be available for widespread commercial use after the year 2010, and which can control sulfur and nitrogen oxides at greater proficiency levels than are currently available; and (3) cost-effective energy production systems which use coal and achieve greater efficiency in the conversion of coal to useful energy. Requires the Secretary to submit an assessment to the Congress of the commercial development potential of technologies for non-fuel use of coal. Amends the Internal Revenue Code to restore investment credits for pollution devices required by the Clean Air Act Amendments of 1990. Title VII: Nuclear - Nuclear Standardization and Safety Reform Act of 1990 - Subtitle A: Standardization and Licensing - Amends the Atomic Energy Act of 1954 to direct the Nuclear Regulatory Commission to establish procedures for the preapproval of a limited number of standardized facility designs for production or utilization facilities for a ten-year period. Authorizes the Commission to design approval requests for any major subsystem that represents discrete elements of a production or utilization facility. Requires the Agency to specify by regulation the criteria and requirements for any subsystem approval. States that a design approval shall be considered to be a license. Sets forth guidelines for the issuance of a design approval, including ten-year renewal terms. Authorizes the Director to issue a site approval permit for a ten-year period even if an application for a construction permit or operating license has not been filed. Outlines the site approval procedure and the procedures for facility construction permits and operating licenses. Subtitle B: Conforming Amendments - Makes conforming Amendments to the Act. Subtitle C: Amendments of PUHCA - Amends the Public Utility Holding Company Act of 1935 to allow the Securities and Exchange Commission (SEC) to grant exempt status to certain public utility holding companies which would otherwise meet specified criteria but for their control of utility assets pursuant to a management agreement approved by the Nuclear Regulatory Commission (NRC). Permits the acquisition of public utility assets or securities without SEC approval if the acquiring public utility controls assets pursuant to a management agreement approved by the NRC. Subtitle D: Effective Date - Sets forth the effective date of this title. Title VIII: National Energy Strategy Implementation - Amends the Department of Energy Organization Act to direct the President to submit a proposed National Energy Policy Plan to the Congress by a specified deadlilne. Amends the Department of Energy Act to revise procedural guidelines for congressional consideration of an implementing bill for such Plan. Title IX: Impact of Federal Actions on Energy Security - Mandates that all Federal agencies shall: (1) develop measures to ensure that energy security concerns are given appropriate consideration in decisionmaking; and (2) include in their legislative proposals a detailed statement regarding the impact of such proposals upon energy production, transportation, or use, and alternatives to the proposed action. Title X: Outer Continental Shelf - Subtitle A: Revised Outer Continental Shelf Leasing Program - Requires the Secretary of the Interior to submit to the Congress a revised Outer Continental Shelf leasing program which includes plans for the expeditious development of oil and gas resources consistent with environmental safeguards. Subtitle B: Revenue Sharing - Outer Continental Shelf Revenue Sharing Act of 1990 - Establishes the Outer Continental Shelf Revenue Sharing Fund. Requires the Secretary of the Treasury to: (1) pay specified amounts into the Fund; and (2) provide each coastal State with an Outer Continental Shelf revenue sharing block grant. Requires a recipient coastal State to submit an assessment of the expenditure of funds provided by the block grants.

Bill· HRH.R. 5722 (101st)referred

To provide for the temporary continuance of essential government services for Americans.

United States · United States Congress · 26 September 1990

Authorizes the President, in order to protect health and safety of human life, to decrease the sequester amounts specified in the order issued August 25, 1990, under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Requires an increase in the sequester amount in other accounts, programs, projects, or activities to the extent amounts were decreased in such order.

Bill· HRH.R. 5679 (101st)open

Developmental Disabilities Assistance and Bill of Rights Act of 1990

United States · United States Congress · 19 September 1990

Developmental Disabilities Assistance and Bill of Rights Act of 1990 - Amends the Developmental Disabilities Assistance and Bill of Rights Act (the Act) to require that the Federal share, under provisions concerning planning priority area activities for persons with developmental disabilities (PWDDs) and provisions concerning university affiliated programs, of projects targeting people who live in (currently, projects located in) urban or rural poverty areas not exceed 90 percent. Allows the non-Federal share of any project under such planning provisions (currently, any project under the Act) to be provided in kind. Modifies requirements regarding the contents of an annual report by each State Planning Council to the Secretary of Health and Human Services. Changes from April 1 to July 1 the due date for an annual report by the Secretary to the President, the Congress, and the National Council on Disability (currently, the President, the Congress, and the National Council on the Handicapped) and modifies requirements regarding the report's contents. Requires that representatives of the Administration on Children, Youth and Families, the Administration on Aging, and the Health Resources and Services Administration be included on an interagency committee established under existing provisions. Requires open committee meetings and publication of meeting notices and agendas. Modifies requirements regarding State plan contents and accompanying assurances. Requires a limited portion of a State allotment to be available to pay up to one-half of the expenditures for the administration of the State plan (currently, for the exercise of the functions of the State designated agency). Allows State contributions under these provisions to be counted as part of that State's non-Federal share of allotments. Allows the State Planning Council, after October 1, 1990, to request review by the Governor of the designation of the designated State agency. Removes certain reporting requirements applicable to each State Planning Council and each Governor. Requires each State Planning Council to use information developed under specified provisions in developing the State plan. Requires that each State Planning Council serve as an advocate for all PWDDs by carrying out priority area activities. Requires (currently, allows) each State Planning Council to prepare and approve a budget using amounts paid to the State under the provisions relating to planning priority area activities to fund activities under such provisions and to hire staff and obtain the services of such personnel as necessary. Requires each State Planning Council to hire a director and to develop and submit the State plan after consultation with (currently, develop the State plan jointly with) the State designated agency. Revises the formula for determining the amount of allotments under provisions relating to planning priority area activities for PWDDs. Authorizes appropriations. Requires that a State system for protection and advocacy of individual rights of PWDDs (the system) annually: (1) develop a statement of objectives and priorities (currently, a statement of objectives); and (2) provide for comment by the public and specified others (currently, by the public). Modifies requirements regarding the right of the system to access to all records of certain PWDDs. Changes the notice and appeal requirements which must be met before a State may redesignate the agency implementing the system. Directs (currently, authorizes) the Secretary, whenever appropriations exceed previous year appropriations by more than the increase in the Consumer Price Index, to increase allotments for State systems according to a specified formula. Provides for the selection of members of a multimember governing board of a State system. Declares that: (1) the Act does not preclude a system from bringing a suit on behalf of PWDDs against a State or its agencies or instrumentalities; and (2) amounts received pursuant to such suits and used by the system are limited to furthering the purposes of provisions relating to protection and advocacy of individual rights for PWDDs and shall not be used to augment payments to legal contractors or to award personal bonuses. Directs the Secretary, notwithstanding any other provision of law, to pay allotments directly to any system which complies with such provisions relating to protection and advocacy. Authorizes appropriations for allotments under such provisions. Adds to the list of purposes of grants to university affiliated programs (UAPs) that of training personnel to address the needs of PWDDs in the areas of positive behavior management, assistive technology, and programs in other areas of national significance. Requires grants to UAPs to be: (1) in a specified amount, subject to waiver and exception; (2) awarded on a competitive basis; and (3) awarded for a period of three years. Directs the Secretary to require technical and qualitative review of grant applications by peer review groups as established under existing provisions and using specified criteria. Prohibits using the grants for administrative expenses or to carry out provisions relating to grants to UAPs to assist in the administration and operation of UAPs. Specifies the mandatory and permissive uses for grants for positive behavior management, assistive technology, and programs in other areas of national significance. Requires that recipient UAPs establish consumer advisory committees. Requires UAPs, in order to be eligible for funding under these provisions, to have: (1) been operated for at least one year; and (2) demonstrated the capacity to develop an effective training program during the first year the program is operated. Extends through FY 1993 the requirement that the Secretary consider four applications for grants for UAPs or satellite centers for each fiscal year in addition to those receiving grants for the preceding fiscal year. Directs the Secretary to solicit and allows the Secretary to approve applications that encompass multiple universities. Requires such UAPs and centers to be geographically distributed so as to serve States that are underserved as of October 29, 1990. Allows the Secretary, in certain circumstances, to consider applications from States already served by a UAP or center. Adds references to on-site visits and inspections to provisions requiring technical and qualitative peer review. Requires such peer review to be coordinated with certain other peer review. Authorizes appropriations for UAPs. Adds references to improving supportive living and quality of life opportunities which enhance recreation, leisure, and fitness to the list of projects of national significance. Authorizes the Secretary to make grants and enter into contracts for technical assistance and demonstration projects which expand or improve the functions (currently, the advocacy functions) of the State Planning Council, and for other purposes similar to existing provisions. Authorizes appropriations to carry out provisions relating to projects of national significance.

Bill· HRH.R. 5607 (101st)referred

For the relief of Debra Lange.

United States · United States Congress · 12 September 1990

Requires the Ute Tribal Court to give full faith and credit to the judicial proceedings of the 4th district court of Utah regarding a certain judgment.

Bill· HRH.R. 5585 (101st)referred

To amend part C of the Balanced Budget and Emergency Deficit Control Act of 1985 to include the pay of Members of Congress and high-level officers of the executive branch within the coverage of the Act.

United States · United States Congress · 11 September 1990

Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to subject the pay of the Vice President, Members of Congress, the Director of the Office of Management and Budget, and heads of cabinet departments of the executive branch to sequestration. Expresses the sense of Congress that the President forgo pay equal to the percentage reduction in effect under an order relating to the budget account for the Office of the President.

Bill· HRH.R. 5448 (101st)referred

Medicare-Medicaid Reimbursement Act of 1990

United States · United States Congress · 2 August 1990

Medicare-Medicaid Reimbursement Act of 1990 - Amends the Internal Revenue Code to impose an additional occupational tax on manufacturers and importers of cigarettes equal to the amount of smoking-related medical costs multiplied by the percentage of cigarettes sold during the preceding year in the United States. Sets forth the smoking-related medical costs for the three-year period beginning after December 31, 1990. Declares the costs for the three-year period beginning after December 31, 1993, to be the amount determined to be equal to: (1) the average annual amount estimated to have been expended for the care and treatment of smoking-related cancers, circulatory system diseases, and respiratory diseases under title XVIII of the Social Security Act (Medicare); and (2) the average annual amount of estimated expenditures under title XIX of such Act (Medicaid) for such cancers and diseases. Appropriates a portion of increased cigarette tax revenues to the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund under the Medicare program for smoking-related medical costs. Authorizes appropriations of a portion of such revenues to the Medicaid program for such costs.

Bill· HRH.R. 5416 (101st)referred

To nullify the pay raises provided by the Ethics Reform Act of 1989 for Members of Congress, the Judiciary and senior government officials, and to provide that the current method for making annual adjustments in rates of pay for those officials remain in effect.

United States · United States Congress · 31 July 1990

Provides that the rate of pay of Members of Congress, judicial officers, and Executive Schedule positions shall be that in effect as of November 1, 1989. Repeals provisions of the Ethics Reform Act of 1989 which provided for a 25 percent salary increase beginning in 1991 for legislative, judicial, and Executive Schedule positions. States that nothing in this Act shall have the effect of reducing the pay of any individual whose compensation may not, under certain provisions of the U.S. Constitution, be diminished during such individual's continuance in office. Continues the current adjustment method.

Bill· HRH.R. 5353 (101st)referred

Financial Crimes Prosecution and Recovery Act of 1990 as Reported By the Committee on the Judiciary of the House of Representatives

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.

Bill· HRH.R. 5301 (101st)open

Airborne Drug Trafficking Deterrence Act

United States · United States Congress · 18 July 1990

Airborne Drug Trafficking Deterrence Act - Sets forth the interdiction procedures to be followed by the commander of a drug interdiction aircraft when he or she reasonably believes that an aircraft is transporting illegal drugs into the United States. Requires such commander to notify higher authorities in the Coast Guard and then use all available means of communication to order the aircraft to land. Authorizes the firing of a warning signal across the nose of the intercepted aircraft after: (1) such aircraft has been observed dropping cargo which has been recovered, if it is feasible to do so, and found to contain a controlled substance; (2) such aircraft changes its course away from the continental United States and remains under constant surveillance; (3) continuing efforts to communicate with the aircraft prove futile and the commander reasonably believes that the aircraft recognizes the drug interdiction aircraft's identity, presence, and intent; and (4) use of the warning signal is approved in advance by higher authority. Authorizes the commander to shoot the aircraft down as a national security threat if: (1) at least two warning signals have been fired and it is reasonable to believe that they have been recognized and understood by the occupants of the intercepted aircraft; (2) the cargo has been recovered and identified as a controlled substance; (3) such aircraft fails to obey further communications; and (4) a higher authority has approved the use of force in advance. Directs the Coast Guard to coordinate such interdiction efforts with the Drug Enforcement Administration. Prohibits the use of warning signals or force: (1) over or within 12 miles of U.S. land area or in the airspace of a foreign country unless the foreign government authorizes the United States to use force; (2) if the commander reasonably believes that such signal or force would harm an innocent person; or (3) the intercepted aircraft is flying towards the United States. Requires that drug interdiction aircraft be equipped with a flashing blue light and such other identifying insignia as the Secretary of Transportation shall prescribe. Requires that National Search and Rescue procedures be used to recover downed occupants of an intercepted aircraft. Directs the Secretary to notify fliers of their obligation to communicate with and obey commanders of drug interdiction aircraft and the possible consequences of disobedience. Indemnifies commanders and their assistants for penalties or damages incurred from the use of force. Authorizes Department of Defense assistance to Coast Guard interdiction efforts. Directs the Secretaries of Transportation and Defense to jointly prescribe regulations by 1991 to implement the Coast Guard's duties under this Act.

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