United States · United States Congress · 3 January 1991
Language of Government Act of 1991 - Declares English to be the official language of the U.S. Government. States that the Government has an affirmative obligation to preserve and enhance the role of English as the official language. Prohibits anyone from being denied Government services because they communicate in English. Prohibits a Government entity from making or enforcing an official act requiring the use of a language other than English. Deems anyone discriminated against for communicating to the Government in English to have been discriminated against on the basis of national origin. Makes available to a person so discriminated against all lawful remedies available under the Civil Rights Act of 1964.
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
Guam Commonwealth Act - Title I: Political Relationship - Creates the Commonwealth of Guam. Grants the people of Guam the right of full self-government through adoption of a Constitution, consistent with U.S. sovereignty over Guam and the supremacy of U.S. law applicable to Guam, and within specified guidelines. Recognizes the right of self-determination of the people of Guam. Directs the U.S. Government, through additional federally-funded programs, to promote preservation of the Chamorro culture, enhanced economic, social, and educational opportunities for Chamorros, and training of Chamorros for employment. Provides that nothing in this Act or the Constitution of Guam shall impair the U.S. citizenship of the residents of Guam or their descendants or their rights and privileges as U.S. citizens under the 14th amendment to the U.S. Constitution. Directs Guam to establish a land trust for the benefit of the indigenous Chamorro people and to establish residency requirements under the Constitution of Guam for voting and holding elective office. Allows this Act to be modified only with the mutual consent of the Governments of the United States and Guam. Title II: Applicability of Federal Law - Makes specified provisions of, and amendments to, the U.S. Constitution applicable to Guam, in addition to those portions which currently apply. Makes Federal laws, rules, or regulations passed after the date of this Act inapplicable unless mutually consented to by the Governments of the United States and Guam. Creates the Joint Commission on the Applicability of Federal Law. Specifies its duties, including: (1) participating in consultations between the Governments of the United States and Guam; (2) studying existing statutes and regulations affecting the U.S.-Guam relationship; (3) reviewing policies and procedures of Federal agencies relating to such relationship; (4) compiling data; (5) drafting modifications in existing laws, regulations, policies, and procedures and obtaining such modifications by negotiation and mediation concerning issues such as land claims and war claims; and (6) seeking to obtain maximum economic development and political autonomy for Guam, consistent with U.S. security interests. Provides that the United States will bear the cost of the work of the Commission. Authorizes the President or his designee to delegate to the Governor of Guam total or partial performance of functions now vested in Federal administrative agencies. Title III: Foreign Affairs and Defense - Grants the United States responsibility for authority with respect to matters relating to foreign affairs and defense that affect Guam. Provides for U.S. consultation with Guam in advance of negotiations toward any treaties or international or executive agreements affecting Guam, and with respect to proposals to increase or decrease Department of Defense activities within Guam. Prohibits the establishment of military security zones or the stationing of foreign military personnel on the Island of Guam without the approval of the Government of Guam except in time of declared war, or the establishment of military bases without consultation with the Governor. Provides for U.S. assistance to Guam in the establishment of offices in the United States and abroad, in becoming a member or participant in appropriate regional and international organizations, and in obtaining from other countries favorable treatment for exports. Prohibits the United States from using the Island of Guam or the water surrounding it for the dumping or storage of nuclear waste or hazardous chemicals. Provides for the clean up by the United States of chemical dump sites used by the military in the past. Requires the United States to compensate any person injured as a result of hazardous materials stored, used, or disposed of by the U.S. Government in Guam or its waters. Title IV: Courts - Specifies provisions governing the relations between U.S. courts and the local courts of Guam, the jurisdiction of the District Court of Guam, and the applicable district court rules. Provides for the appointment of a judge for the District Court of Guam, a U.S. attorney, and a U.S. marshal for Guam. Title V: Trade - Establishes a Guam-United States free trade area, under which neither party may impose duties, quotas, or other restrictions on each other's products, nor shall the United States treat products of Guam as having originated in any other country. Defines "products of Guam" to mean articles that contain at least 30 percent value added in Guam, and specifies costs included in value added. Authorizes Guam to impose, increase, reduce, or eliminate duties and other restrictions on: (1) products that originate outside the customs territory of the United States and that are imported into Guam; and (2) exports from Guam, whether or not products of Guam. Requires the Governor of Guam to certify that the origin of "products of Guam" is, in fact, Guam, and provides for customs inspections of products brought into the United States. Title VI: Taxation - Makes U.S. income tax laws applicable to Guam. Deems such laws to impose a separate tax, payable to the Government of Guam, to be known as the Guam Commonwealth income tax. Grants the Governor the same administrative and enforcement powers and remedies with regard to such tax (pursuant to the laws of Guam) as the Secretary of the Treasury and other executive branch officials have with respect to the U.S. income tax. Sets forth similar enforcement authority with respect to criminal violations, tax liens, and suits to recover erroneously or illegally assessed taxes. Grants the District Court of Guam exclusive jurisdiction over all judicial proceedings in Guam, both criminal and civil, with respect to such tax. Allows the Government of Guam to provide for the rebate or reduction of taxes in order to assist new industries or economic development. Grants Guam the power to determine the nature and amount of taxes imposed upon the income and property of persons within its jurisdiction. Repeals applicable U.S. tax laws one year after Guam has enacted a replacement comprehensive local income tax. Exempts all bonds or other obligations issued by Guam from taxation by Federal, State, or local governments of the United States. Title VII: Immigration - Applies the Immigration and Nationality Act and pertinent Federal regulations to Guam for two years from enactment of this Act. Directs Guam to enact a comprehensive law on immigration to become effective at the end of the two-year period. Provides that such law shall not impair the free movement of U.S. citizens to and from Guam, include the authority to naturalize aliens for U.S. citizenship, or alter the Governor's authority to issue U.S. passports. Authorizes U.S. consular officials to issue visas for travel only to Guam for any alien seeking to enter Guam as a non-immigrant in order to encourage investors and tourists to come to Guam. Title VIII: Labor - Grants preference to qualified residents of Guam in all Federal civil service vacancies occurring in Guam. Grants Guam the authority to enact and enforce all laws regulating or affecting employment in Guam. Provides that all pertinent U.S. laws regulating employment on Guam on the effective date of this Act shall remain applicable until replaced by duly enacted law of the Guam Legislature. Title IX: Transportation and Telecommunications - Precludes application of any U.S. law barring the U.S. registration and use of any foreign-built vessel within the waters around Guam for any purpose. Exempts from the coastwise laws of the United States any shipment of fish or fish products from Guam to any U.S. coastwise destination. Directs the Commission periodically to examine the applicability of such laws and to recommend termination of their applicability upon determining that such laws constrain Guam's economic development. Authorizes the Governor of Guam to sponsor any qualified air service carrier to come to Guam, subject to presidential consultation concerning U.S. foreign policy and security interests. Exempts Guam from all bilateral treaties between the United States and foreign states with respect to scheduling and technical specifications of aircraft, other than safety requirements. Provides that Guam shall remain an "eligible point" for purposes of being ensured essential air transportation to and from the United States. Defines Guam as "domestic" for Federal Communications Commission rate setting purposes. Title X: Land, Natural Resources and Utilities - Grants the Government of Guam the power of eminent domain. Grants Guam jurisdiction over all natural resources of the seabed, subsoil, tidelands, and adjacent territorial waters of the Island of Guam. Sets limits on U.S. acquisition of real property on Guam. Exempts Guam from Federal regulations governing the transfer or sale of excess Federal real property. Provides for the transfer of all excess Federal property to Guam, with specified exceptions. Provides for access and use by the residents of Guam of certain retained Federal property, subject to military security requirements. Authorizes the granting of easements on such property to the Government of Guam in specified circumstances. Directs the United States to transfer ownership of island utilities to Guam. Title XI: United States Financial Assistance - Provides for the return of U.S. revenues from taxes and fees collected in Guam or from its residents or products to the Government of Guam. Makes U.S. laws providing Federal benefits and financial assistance which are applicable to the States likewise applicable to Guam on an equal basis. Directs the Governor of Guam, in preparing an annual budget, to identify the costs and benefits to Guam brought about by its role as one of the principal U.S. military bases. Requires the Governor to submit such information to the Guam Legislature and the Office of Management and Budget for use in reviewing the Governor's request for appropriations for the annual Federal payment to Guam, which request the Governor shall submit to the President for transmission to the Congress each year. Provides for assistance to aid Guam's transition to a Commonwealth, including: (1) U.S. financing of the costs of institutional changes connected with the change in Guam's political relationship with the United States; (2) help in meeting the capital needs of Guam necessary for long-term, self-sustaining development; and (3) establishing an economic development fund to assist expansion of the private sector. Title XII: Technical Amendments and Interpretation - Makes technical and conforming amendments. Calls for this Act to be interpreted liberally to accomplish its purpose of providing for complete, internal self-government for Guam. Requires this Act to be submitted to the registered voters of Guam for ratification after being passed by the Congress. Repeals the Organic Act of Guam.
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
Amends the Internal Revenue Code to impose a 100 percent tax on income from frozen Iraqi assets. Authorizes the President to modify such tax if the armed forces of Iraq withdraw from Kuwait within the time and in the manner determined by the President.
United States · United States Congress · 3 January 1991
Repeals provisions of the Internal Revenue Code that limit the deductibility of contributions to individual retirement plans by active participants in employer-maintained retirement plans.
United States · United States Congress · 3 January 1991
Constitutional Amendment - Requires the Congress, prior to each fiscal year, to adopt a statement in which total Federal outlays do not exceed total receipts, unless a three-fifths rollcall vote of both Houses authorizes a specific excess. Prohibits any increase in the public debt unless three-fifths of both Houses of the Congress enacts legislation permitting otherwise. Permits any revenue-increasing bill to become law only if approved by a majority of the whole number of both the Senate and the House of Representatives by rollcall vote. Directs the President to submit a balanced budget to the Congress. Waives these provisions automatically when a declaration of war is in effect.
United States · United States Congress · 3 January 1991
Establishes in the House of Representatives the Select Committee on Narcotics Abuse and Control to conduct continuing oversight and review of the problems of narcotics, drug, and polydrug abuse and control.
United States · United States Congress · 3 January 1991
Demands that the Iraqi Government: (1) comply fully with specified United Nations Security Council resolutions concerning Iraq's aggression against Kuwait; (2) withdraw from Kuwait; and (3) be responsible for all financial losses resulting from the invasion. Commends the President for his actions in responding to Iraq's invasion of Kuwait and threat to the region. Supports U.N. Security Council Resolution 678 regarding the use of "all necessary means" to uphold and implement such other U.N. resolutions, should Iraq fail to withdraw from Kuwait on or before January 15, 1991.
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.
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.
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.
United States · United States Congress · 3 August 1990
Drug-Free Cities Act of 1990 - Authorizes the Director of the Office of National Drug Control Policy to designate local governments as drug-free. Permits the Director to make grants to eligible local governments for specified activities under this Act. Authorizes the Director to: (1) collect data about the status of drug reduction efforts of State and local governments; (2) disseminate information about local laws, policies, and programs that have proven to be effective in reducing drug use; and (3) formally recognize exemplary accomplishments of local governments in reducing drug use and increasing user accountability. Sets forth application requirements for local governments seeking designations. Requires such application to contain a plan for implementing legal sanctions and procedures applicable to individuals who unlawfully use drugs and for promoting local community efforts to eliminate unlawful drug use. Sets forth authorized uses of grant funds. Limits the amount and time period of such grants. Requires the Director, if an applicant complies with requirements and standards, to designate such applicant as a candidate for designation as drug-free for a period not to exceed three years. Provides for a subsequent designation as drug-free, for an additional three-year period, based on further progress. Provides for extensions of designations under certain conditions. Allocates grant funds based on the population of the local area. Limits the amounts of such funds. Authorizes appropriations.
United States · United States Congress · 1 August 1990
Amends the Internal Revenue Code to raise from $5,000,000 to $25,000,000 the threshold amount of tax-exempt bonds that a small governmental unit may issue and still remain within the exception from arbitrage rebate requirements. Makes the exception from such rebate for construction bonds effective as if included under the Tax Reform Act of 1986. Permits elections concerning such bonds to be made until 180 days after the date of enactment of this Act. States that any rebates paid shall not be refunded. Increases from $10,000,000 to $25,000,000 the amount of tax-exempt obligations excepted from the pro rata allocation of interest expense of financial institutions to tax-exempt interest for qualified small issuers. Repeals the five percent unrelated and disproportionate private use rules for private activity bonds. Provides that a bond shall not be treated as an arbitrage bond by reason of any failure to meet any requirements of temporary period investments if all earnings which would cause such bond to be an arbitrage bond are paid to the United States by the issuer by the required due dates. Reduces from 100 percent to 95 percent the amount of arbitrage to be rebated to the United States if certain State and local bonds are not to be treated as arbitrage bonds.
United States · United States Congress · 25 July 1990
Independent Counsel Sunset Act of 1990 - Provides for the automatic termination of an office of independent counsel two years after appointment. Provides for extensions of such appointments for periods of up to one year.
United States · United States Congress · 25 July 1990
Victims' Rights and Restitution Act of 1990 - Requires all Federal law enforcement agency officers and employees to make their best efforts to accord victims of crime with the right to: (1) be treated with fairness and respect for the victim's dignity and privacy; (2) be protected from their accused offenders; (3) notification of court proceedings; (4) attend public court proceedings related to the offense under certain conditions; (5) confer with the Government attorney assigned to the case; (6) restitution; and (7) information about the conviction, sentencing, imprisonment, and release of the offender. Directs Federal law enforcement agency heads to designate the persons responsible for identifying the victims of a crime and providing certain services to such victims such as: (1) informing them where to receive medical care and counseling; (2) arranging protection from an offender; and (3) keeping the victim informed of developments during the investigation and prosecution of the crime and after the trial such as the arrest of a suspected offender or an escape of a convicted offender. Revises Federal criminal code provisions regarding orders of restitution. Requires Federal courts to order convicted criminals to pay restitution to cover the full amount of the victim's losses without consideration of the economic circumstances of the offender or the fact that a victim has received or is entitled to receive compensation with respect to a loss from other sources. (Currently orders of restitution are discretionary.) Authorizes Federal courts to order restitution for any person who, as shown by a preponderance of the evidence, was harmed physically, emotionally, or pecuniarily by the unlawful conduct of the defendant during the crime. Amends the Federal bankruptcy code to prevent orders of restitution from being discharged as a result of bankruptcy.
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 · 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.
United States · United States Congress · 18 July 1990
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require, for each fiscal year, that States notify local units of government that they may apply to the State for part of nondiscretionary funds provided by the Bureau of Justice Assistance within the Department of Justice. Allows local units to apply for such funds during a period of not less than 60 days.
United States · United States Congress · 18 July 1990
Establishes the Drug Paraphernalia Law Enforcement Fund within the Treasury. Authorizes appropriations for the Fund for FY 1991 through 1993. Directs the Attorney General to: (1) make grants from the Fund to State agencies for education and training of State and local prosecutors and law enforcement personnel with respect to analysis, planning, policy development, and program development to enhance enforcement of criminal laws relating to drug paraphernalia; and (2) prescribe regulations for allocating total grant amounts among applicants, for determining the program requirements for such grants, and requiring grant recipients to report to the Attorney General on the grant activities.
United States · United States Congress · 28 June 1990
Gas Related Activities Act of 1990 - Declares that the acquisition or retention by a registered public utility holding company of any interest in a natural gas company (or a company engaged in specified natural gas-related activities) shall be deemed to be reasonably incidental and economically necessary, for purposes of the Public Utility Holding Company Act, to the operation of the gas utility companies whose voting securities the holding company owns. (This makes any gas-related activities functionally related to the gas distribution business, thus meeting the requirements of such Act, regardless of whether the local distribution company involved is affiliated or unaffiliated with the holding company.)
United States · United States Congress · 21 June 1990
Account Closing Act of 1990 - Amends Federal law to revise the procedure for closing appropriation accounts that are available for definite periods by rescinding obligated balances at the end of the two-fiscal-year grace period for expired appropriations instead of transferring them (as currently) into "merged surplus" accounts.
United States · United States Congress · 21 June 1990
Expresses the sense of the House of Representatives that the memory of Walt Disney should be honored on the 35th anniversary of his contribution to the American dream (the opening of Disneyland).
United States · United States Congress · 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
Drug Abuse Treatment Improvement Act of 1990 - Amends the Public Health Service Act to prohibit the Secretary of Health and Human Services from making payments to a State, under existing alcohol and drug abuse and mental health services block grant provisions, unless the State establishes mechanisms to promptly inform individuals seeking drug abuse treatment of the most appropriate facilities. Directs the Secretary of Education to develop and disseminate to medical schools a model curriculum regarding drug addiction treatment. Authorizes appropriations.
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 prohibit candidates for the House of Representatives from accepting contributions from persons other than local individual residents totaling in excess of the total contributions accepted from local individual residents.
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.
United States · United States Congress · 13 June 1990
Amends the Federal Election Campaign Act of 1971 to: (1) exclude from the annual limitation on total individual contributions those contributions to national, State, and local committees of political parties that, in the aggregate, do not exceed $25,000 in a calendar year; (2) remove the limitations on contributions by the national or State committee of a political party or by a House or Senate campaign committee of a political party to candidates in general elections for Federal office; (3) allow national and State committees of a political party to match the total amount of independent expenditures made against their respective candidates in congressional elections; (4) establish guidelines for determining the Federal election portion of amounts paid by national and State committees of a political party 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); (5) subject such payments to the limitations and reporting requirements for expenditures; (6) require such payments to be made only from an account subject to the requirements of that Act; (7) repeal provisions excluding funds for constructing or purchasing office facilities from the definition of a "contribution"; (8) define "local committee" as an organization that is responsible for the daily operation of a political party at the local level; and (9) allow such local committees to make contributions and expenditures without limitation to any candidate who is affiliated with the party the committee represents and who is a candidate for Senator or Representative in the State involved. Amends the Internal Revenue Code to allow a tax credit for qualified political contributions to candidates for State or Federal office. Limits such credit to $250 for a taxable year.
United States · United States Congress · 13 June 1990
Amends the Federal Election Campaign Act of 1971 to: (1) establish a separate limitation of $1,000 with respect to nonparty multicandidate political committee contributions to any candidate for Federal office (currently, all multicandidate political committee contributions to such candidates are subject to a $5,000 limitation); (2) prohibit separate segregated funds established by corporations or labor organizations for political purposes from acting as intermediaries or conduits with respect to contributions to such a candidate; (3) prohibit a political committee that is not an authorized committee of such a candidate and is not a political committee of a political party from transferring funds to any other such political committee; (4) prohibit such a candidate from establishing, maintaining, financing, or controlling a political committee, other than the principal campaign committee of the candidate; and (5) prohibit a principal campaign committee of such a candidate from making any contribution to any other principal campaign committee (other than the principal campaign committee of the same individual as a candidate for another Federal office).
United States · United States Congress · 13 June 1990
Amends the Federal Election Campaign Act of 1971 to prohibit labor organizations from using dues or agency fees for political purposes, unless the employee paying the dues or fees approves of such use. Permits employees to revoke their approval. Requires labor organizations using such dues or fees to notify annually the employees paying dues or agency fees of such prohibition and of their right to revoke their approval.
United States · United States Congress · 13 June 1990
Amends the Federal Election Campaign Act of 1971 to: (1) remove the Secretary of the Senate and the Clerk of the House of Representatives as ex officio members of the Federal Election Commission; and (2) require all designations, statements, and reports required to be filed under that Act to be filed with the Commission.
United States · United States Congress · 5 June 1990
1992 Olympic Commemorative Coin Act - Directs the Secretary of the Treasury to issue 1992 Olympic Games commemorative five-dollar gold coins and one-dollar silver coins. Prescribes guidelines for the sale and pricing of such coins and directs the Secretary to ensure that their issuance will not result in any net cost to the United States. Mandates that surcharges be paid to the U.S. Olympic Committee.
United States · United States Congress · 24 May 1990
Airport and Airway Trust Fund Protection Act of 1990 - Declares that the receipts and disbursements of the Airport and Airway Trust Fund allocable to transportation-related operations: (1) shall not be included in the totals of the Federal budget or the congressional budget; (2) shall be exempt from general budget limitations on expenditures and net lending; and (3) shall be exempt from any sequestration order under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) and shall not be counted for purposes of calculating the Federal deficit.
United States · United States Congress · 24 May 1990
Designates: (1) the House of Representatives office building at C Street and New Jersey Avenue, Southeast, District of Columbia, known as House of Representatives Office Building Annex No. 1, as the Thomas P. O'Neill, Jr. House of Representatives Office Building; and (2) the House office building at 3d and D Streets, Southwest, District of Columbia, known as House of Representatives Office Building Annex No. 2, as the Gerald R. Ford House of Representatives Office Building.
United States · United States Congress · 22 May 1990
Designates June 25, 1990, as Korean War Remembrance Day. Authorizes and requests the President to urge that the American flag be flown at half staff on such day in honor of the Americans who died as a result of their service in the Korean War.
United States · United States Congress · 17 May 1990
Transportation Employee Alcohol and Drug Testing Act of 1990 - Amends the Federal Aviation Act of 1958 to require the Administrator of the Federal Aviation Administration (FAA) to prescribe regulations which require air carriers and foreign air carriers to conduct preemployment, reasonable suspicion, random, periodic recurring, and post accident testing for illegal use of alcohol or controlled substance by airmen, crewmembers, airport security screening contract personnel, and other air carrier employees responsible for safety-sensitive functions. Requires the Administrator to require the suspension or revocation of any certificate issued to such an individual, or his or her dismissal, where the individual has used alcohol or a controlled substance in violation of Federal law or regulations. Prohibits such persons from using alcohol or a controlled substance in violation of Federal law or regulations and serving in their capacity as an air carrier employee. Prohibits violators from serving in such capacity unless they have completed a program of rehabilitation. Sets forth specified requirements for such rehabilitation programs. Amends the Federal Railroad Safety Act of 1970 to require the Secretary of Transportation (Secretary) to issue regulations which require railroads to conduct preemployment, reasonable suspicion, random, periodic recurring, and post accident testing of all railroad employees responsible for safety-sensitive functions for illegal use of alcohol or a controlled substance. Directs the Secretary to disqualify for an established period of time, or dismiss, a railroad employee found to have used or to have been impaired by alcohol while on duty, or a controlled substance whether or not on duty. Requires the Secretary to issue regulations for rehabilitation programs which provide for treatment for railroad employees responsible for safety-sensitive functions in need of assistance in resolving problems with the use of alcohol or a controlled substance. Amends the Commercial Motor Vehicle Safety Act of 1986 to require the Secretary to issue regulations which require motor carriers to conduct preemployment, reasonable suspicion, random, periodic recurring, and post accident testing of operaters of commercial motor vehicles for illegal use of alcohol or a controlled substance. Requires the Secretary to issue regulations for rehabilitation programs which provide treatment for operators of motor vehicles who have been found to have used alcohol or a controlled substance in violation of Federal law or regulations. Requires the Secretary to determine appropriate sanctions for violations of this Act. Amends the Urban Mass Transportation Act of 1964 to require the Secretary to issue regulations which require recipients of assistance under this Act to conduct preemployment, reasonable suspicion, random, periodic recurring, and post accident testing of operators of mass transportation vehicles for use of alcohol or a controlled substance in violation of Federal law or regulations. Requires the Secretary to issue regulations for rehabilitation programs for treatment of operators of mass transportation vehicles who have been found to have illegally used alcohol or a controlled substance. Requires the Secretary to determine appropriate sanctions for violations of this Act. Directs the Secretary to design a pilot test program for the testing of operators of commercial motor vehicles on a random basis to determine whether an operator has illegally used alcohol or a controlled substance. Requires such program to be administered as part of the Motor Carrier Safety Assistance Program. Provides that such program shall last for one year.
United States · United States Congress · 17 May 1990
Substance Abuse Treatment Corps Act - Amends the Public Health Service Act to establish within the Public Health Service the Substance Abuse Treatment Corps to increase the availability of treatment for alcohol and drug abuse in geographic areas with a significant incidence of abuse and an inadequate availability of services. Allows the Secretary of Health and Human Services to carry out such purpose only through assigning Corps members to provide services for such areas. Allows the Secretary to assign a Corps member to an entity only if the entity, among other requirements, enters into an agreement with the Secretary regarding the allocation, between the Secretary and the entity, of costs relating to the assignment. Directs the Secretary to establish a program of entering into contracts with students in specified fields under which the students agree to serve in the Corps upon obtaining their degree in consideration of the Federal Government agreeing to pay tuition, other expenses, and a stipend. Applies, except as inconsistent, provisions relating to the National Health Service Corps Loan Repayment Program to this program. Directs the Secretary to establish a program of entering into contracts with individuals who have been licensed or certified in certain fields, or who are students in such fields, under which the individuals agree to serve in the Corps in consideration of the Federal Government agreeing to repay up to a specified sum of educational loans of the individuals. Applies, except as inconsistent, provisions relating to the National Health Service Corps Loan Repayment Program to this program. Authorizes appropriations for the scholarship and loan repayment programs established by this Act.
United States · United States Congress · 16 May 1990
Expresses the sense of the Congress that States should make efforts to adopt the goals of the Victims of Crime Bill of Rights. Sets forth the Victims of Crime Bill of Rights, which includes provisions concerning: (1) treatment of victims of crime and protection from the accused during the criminal justice process; (2) advisory roles for victims in decisions involving prosecutorial discretion and the early release status of the person convicted of the crime; (3) comprehensive reform of the exclusionary rule; (4) the victim's right that the accused will be tried expeditiously and the right to be present at all proceedings related to the offense, except where the victim's testimony would be prejudiced by hearing other testimony; (5) the victim's right to information about conviction, sentencing, and imprisonment of the person who committed the crime; and (6) compensation to the victim for damage resulting from the crime.
United States · United States Congress · 15 May 1990
Emergency Food and Drug Enforcement Act of 1990 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to direct the Secretary of Health and Human Services to debar an individual from submitting any application for approval of a new drug, or for a different or additional use of a previously approved drug, if the individual has been convicted of a Federal felony in connection with the development or approval of any drug. Prohibits the Secretary from taking any action on any application submitted by such an individual. Authorizes the Secretary to debar an individual and take no action on an application if the individual: (1) has been convicted of a Federal or State criminal offense in connection with the development or approval of a drug under such provisions, or involving bribery, fraud, or a similar crime, or obstruction of justice; (2) was named by a U.S. Attorney or a Federal grand jury as an unindicted coconspirator involving such an act; or (3) knowingly used the services of a debarred person. Provides for temporary denial of approval upon probable cause to believe that there has been an actual or attempted bribe or illegal gratuity, or that there has been a pattern of false statements, or a knowing and serious endangering of the public health or safety through multiple violations of the FDCA. Prohibits discrimination by an employer against any employee because the employee participated in the implementation of the debarment or temporary denial provisions of this Act. Requires drug approval applications to certify that the applicant did not and will not use the services of a debarred person in connection with the application. Sets forth civil monetary penalties for false statements, bribes, destruction, or alteration of evidence, obstruction, use of (or actions by) a debarred person, and other acts. Directs the Secretary to suspend for three years the distribution of drugs under any application of the person involved if the Secretary finds a pattern or practice of offenses or acts, for which this Act provides civil penalties, in connection with the development, approval, manufacturing, or distribution of two or more drugs. Prohibits such a finding if the person demonstrates that the offenses or acts did not influence the development, approval, manufacturing, or distribution. Allows the Secretary to waive the suspension if necessary to protect the public health. Directs the Secretary to withdraw approval if there are reasonable grounds to believe that the application was approved, expedited, or otherwise facilited, in whole or in part, through actual or attempted bribery, fraud, or false statement. Directs the Secretary of the Treasury: (1) to destroy any food, drugs, devices, or cosmetics being imported or offered for import if the article presents a threat to the public health; and (2) pending decision on the admission of an article, on request of the Secretary of Health and Human Services, refuse to authorize delivery of the article to the owner or consignee. Prohibits claims for payment for any samples collected, delivered, or examined. Requires manufacturers of low-acid foods for export to the United States, and importers of such foods, to register with the Secretary of Health and Human Services. Directs the Secretary to establish procedures for the registering of identifying marks used by food processing establishments producing such foods. Adds failure to register to the list of prohibited acts under the FDCA. Authorizes the Inspector General to investigate various matters involving the Food and Drug Administration, including allegations of employee misconduct; false or fraudulent materials or records; fraud, false claims, waste, or abuse; felony violations of the FDCA; and illegal sale under Federal law of a drug which is not a controlled substance. Includes agents of the Inspector General in the delineation of powers under the FDCA of enforcement personnel conducting examinations, investigations, or inspections. Removes the requirement that those examinations, investigations, or inspections relate to counterfeit drugs. Declares that provisions prohibiting the disclosure of trade secrets do not authorize the withholding of information from the Congress or its committees or subcommittees. Directs the Secretary to maintain for public inspection certain information concerning applications for drug approval, including the names of the persons conducting the chemistry and bioequivalence reviews.
![Official portrait of Rep. Oxley, Michael G. [R-OH-4]](https://www.congress.gov/img/member/o000163_200.jpg)