United States · United States Congress · 14 June 1990
Reclamation Wastewater and Groundwater Study Act - Title I: Wastewater Reclamation and Reuse Studies - Directs the Secretary of the Interior, acting pursuant to the Reclamation Act of 1902 and other Federal reclamation laws, to investigate and identify opportunities for reclamation and reuse of municipal, industrial, domestic, and agricultural wastewater resulting from water supplied by reclamation facilities. Directs the Secretary to undertake appraisal investigations to identify opportunities and make recommendations for wastewater reclamation and reuse. Authorizes the Secretary to participate with appropriate Federal, State, regional, and local authorities in studies to determine the feasibility of wastewater reclamation and reuse projects recommended. Limits the Federal share of the cost of such studies to 50 percent, except when the Secretary determines that due to financial hardship the non-Federal participant in such study is unable to contribute at least 50 percent of such costs. Authorizes the Secretary to conduct a study to assess the feasibility of a comprehensive wastewater reclamation and reuse system for southern California. Directs the Secretary, in cooperation with the city of San Diego, California, to conduct a feasibility study of the potential for development of demonstration facilities to reclaim and reuse wastewater in the San Diego metropolitan service area. Limits the Federal share of costs of such studies to 50 percent. Authorizes appropriations. Requires congressional reports for such investigations and studies. Title II: Reclamation Groundwater Study - Directs the Secretary: (1) acting through the Bureau of Reclamation and the Geological Survey, to conduct an investigation and analysis of the impacts of existing Bureau projects on the quality and quantity of groundwater resources; and (2) to prepare a reclamation groundwater management and technical assistance study concerning such resources. Requires the Secretary to consult with Governors of affected States in conducting such investigation, analysis, and study. Requires a congressional report concerning such study.
United States · United States Congress · 14 June 1990
Financial Crimes Prosecution and Recovery Act of 1990 - Title I: National Commission on Financial Crimes - Establishes the National Commission on Financial Crimes to investigate fraud and abuse in the financial services industry and to recommend procedures for improving interagency cooperation and tactics for law enforcement officers in the investigation and prosecution of financial crimes. Sets forth provisions with respect to the membership, powers, pay, reporting requirements, and termination of the Commission. Title II: Improvements in Administration of the Department of Justice - Directs the Attorney General to establish a financial crimes strike force in each Federal judicial district which is in the top quartile of such districts with respect to the total number of criminal referrals filed with the Attorney General by the appropriate Federal banking agencies relating to residents of, or persons located in, such district. Provides for local control of each such strike force, through the U.S. Attorney for such district, except as otherwise provided by the Attorney General. Sets forth provisions regarding pay for attorneys on financial crimes strike forces. Directs the Attorney General to: (1) establish a merit system to recognize and reward outstanding efforts of individuals engaged in the investigation and prosecution of financial crimes; (2) prohibit any U.S. attorney or any other attorney employed by the Department of Justice from taking into account the dollar amount of any loss incurred in connection with any financial crime in making a determination with respect to the investigation or prosecution of such crime; and (3) prescribe by regulation that the investigation of any referral from an appropriate Federal banking agency related to a financial crime involving an insured depository institution in default or in danger of default, or of any troubled institution, be given priority in case management. Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to make specified civil money penalties collected under such Act available to the Attorney General to carry out any provision of law. Amends the Federal criminal code to grant specified officials of the Federal Bureau of Investigation administrative subpoena authority regarding specified financial crimes. Sets forth provisions: (1) with respect to standards governing production of items subpoenaed; and (2) granting persons complying in good faith with a summons or order issued under this Act and producing the materials sought immunity from civil liability to the consumer for such production or nondisclosure of such production. Title III: Improvements in the Administration of the FDIC and the RTC - Amends the Federal Deposit Insurance Act (FDIA) to grant subpoena authority to the Federal Deposit Insurance Corporation (FDIC) and the Resolution Trust Corporation (RTC) as a conservator or receiver or for carrying out authority with respect to an insured depository institution. Amends the Internal Revenue Code to grant the FDIC and the RTC access to Internal Revenue Service returns and return information upon written requests by the respective Board of Directors and upon certification by the Board that it has a substantial need for such returns or return information. Amends the FDIA to authorize Federal banking agencies, in conducting any investigation, examination, or enforcement action under such Act, to: (1) request the assistance of any foreign banking authority; (2) maintain an office outside the United States for such purposes; (3) provide assistance to a foreign banking authority, upon request, if the requesting authority is conducting an investigation involving a violation of laws or regulations relating to banking matters that the requesting authority administers or enforces; and (4) conduct such an investigation as is necessary to collect information and evidence pertinent to such a request without regard to whether the facts stated in the request also constitute a violation of U.S. law. Authorizes the FDIC and the RTC, as conservator or receiver of any insured depository institution, to request the assistance of any foreign banking authority and provide assistance to any such authority in accordance with this Act. Requires the FDIC and the RTC to each maintain a permanent office to coordinate foreign investigations or investigations on behalf of foreign banking authorities. Authorizes the Board of Directors of the FDIC to act in its own name and through its own attorneys in any action or proceeding in which the FDIC is an interested party, whether in its corporate capacity or as conservator or receiver for any insured depository institution. Grants priority to the FDIC over certain claims or actions filed or begun against an affiliated party of the insured depository institution by depositors, creditors, or shareholders of the institution after enactment of this Act. Authorizes the FDIC, as conservator or receiver for any insured depository institution, to avoid any transfer of interest of an institution-affiliated party or any transfer of interest or obligation of person determined to be a debtor of the institution that was made within five years of appointment of the FDIC as conservator or receiver, if such party made such transfer or incurred such liability with intent to hinder, delay, or defraud the insured depository institution. Specifies circumstances under which the FDIC may recover the property transferred or the value of such property. Sets forth provisions regarding prejudgment attachments of assets where an institution-affiliated party may be required to provide restitution to the institution or where the party is a debtor of the institution, and where the assets will be dissipated or otherwise placed beyond the jurisdiction of the court or FDIC before any recovery may be completed unless a trustee is appointed. Establishes criminal penalties for knowingly concealing assets or property from the FDIC or the RTC as a conservator or receiver for any insured depository institution. Requires each Federal banking agency to require directors of depository institutions to complete an educational course on their duties as directors every three years. Authorizes a court or the Attorney General to direct disclosures of matters occurring before a grand jury during an investigation of a banking law violation to identified personnel of a financial institution regulatory agency upon a finding of substantial need, subject to specified conditions. Excludes the payment of restitution under specified Acts including the FDIA from discharge under bankruptcy provisions. Amends the Federal criminal code to subject to civil forfeiture property which constitutes or is derived from proceeds traceable to mail fraud, or fraud by wire, radio, or television, affecting a financial institution. Amends the FDIA, the Federal Credit Union Act, the Revised Statutes, the Federal Reserve Act, the Bank Holding Company Acts of 1956 and 1970, and the Home Owners' Loan Act to permit the appropriate Federal banking agency, the FDIC, or, in the case of the latter statute, the Director, to apply to specified courts to recover from a depository institution administrative costs arising out of actions taken to recover a civil penalty. Title IV: Taxpayer Recovery Act - Taxpayer Recovery Act of 1990 - Makes an exception to a discharge in bankruptcy for: (1) restitution that the debtor has been ordered to pay by a State or Federal court in any criminal proceeding arising from an act that caused a loss to any bank, savings association, or credit union (bank); or (2) damages provided in any judgment, order, or consent decree entered in any State or Federal court, or in any settlement agreement entered into by the debtor, arising from any act involving fraud or reckless disregard for the law committed with respect to any such institution. Requires that any individual acting as a director, officer, or institution-affiliated party of a bank be considered to be acting in a fiduciary capacity with respect to such institution for purposes of a provision making an exception to a discharge from bankruptcy involving fraud or defalcation while acting in such capacity. Specifies that reliance by a creditor will not be required to establish an exception to discharge if the creditor is a financial regulatory agency that is a successor to a bank. Sets forth time limits for the filing of a complaint objecting to the discharge of a debt owed to: (1) a bank that is closed, is in receivership or conservatorship, or is sold to another bank in a transaction assisted by a financial regulatory agency; or (2) such an agency. Specifies that an individual debtor who has committed an act involving fraud or reckless disregard for the law or is subsequently adjudicated to have committed such an act during the pendency of his bankruptcy proceeding with respect to any bank that is in receivership or conservatorship or that is sold to another bank assisted by a financial regulatory agency shall not be exempt from: (1) more than $7,500 in value of the debtor's aggregate interest in any real property that the debtor uses as a residence: and (2) the debtor's interest in any insurance policy or annuity.
United States · United States Congress · 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
Reclamation Wastewater and Groundwater Study Act - Title I: Wastewater Reclamation and Reuse Studies - Directs the Secretary of the Interior, acting pursuant to the Reclamation Act of 1902 and other Federal reclamation laws, to investigate and identify opportunities for reclamation and reuse of municipal, industrial, domestic, and agricultural wastewater resulting from water supplied by reclamation facilities. Directs the Secretary to undertake appraisal investigations to identify opportunities and make recommendations for wastewater reclamation and reuse. Authorizes the Secretary to participate with appropriate Federal, State, regional, and local authorities in studies to determine the feasibility of wastewater reclamation and reuse projects recommended. Limits the Federal share of the cost of such studies to 50 percent, except when the Secretary determines that due to financial hardship the non-Federal participant in such study is unable to contribute at least 50 percent of such costs. Authorizes the Secretary to conduct a study to assess the feasibility of a comprehensive wastewater reclamation and reuse system for southern California. Directs the Secretary, in cooperation with the city of San Diego, California, to conduct a feasibility study of the potential for development of demonstration facilities to reclaim and reuse wastewater in the San Diego metropolitan service area. Limits the Federal share of costs of such studies to 50 percent. Authorizes appropriations. Requires congressional reports for such investigations and studies. Title II: Reclamation Groundwater Study - Directs the Secretary: (1) acting through the Bureau of Reclamation and the Geological Survey, to conduct an investigation and analysis of the impacts of existing Bureau projects on the quality and quantity of groundwater resources; and (2) to prepare a reclamation groundwater management and technical assistance study concerning such resources. Requires the Secretary to consult with Governors of affected States in conducting such investigation, analysis, and study. Requires a congressional report concerning such study.
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 · 6 June 1990
Urges the President to instruct the Attorney General to appoint an independent counsel to investigate the involvement of Government officials in the savings and loan scandal.
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 · 23 May 1990
Aircraft Catastrophic Failure Prevention Research Act of 1990 - Amends the Federal Aviation Act of 1958 to require the Administrator of the Federal Aviation Administration to develop technologies to assess the risk of and prevent defects of aircraft parts, aircraft engines, propellers, and appliances which could result in a catastrophic aircraft failure. Authorizes the Administrator to make grants to colleges and nonprofit research organizations to: (1) conduct aviation research relating to development of such technologies; and (2) establish centers of excellence for continuing such research. Amends the Airport and Airway Improvement Act of 1982 to authorize appropriations for FY 1991.
United States · United States Congress · 17 May 1990
Peanut Program Modernization Act of 1990 - Amends the Agricultural Adjustment Act of 1938 to repeal peanut marketing quota provisions. Amends the Agricultural Act of 1949 to replace existing peanut price support provisions with price supports as determined by the Secretary of Agriculture based upon specified factors, including production costs and domestic and foreign demand.
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 · 9 May 1990
Declares that the Congress acknowledges and appreciates the commitment, devotion, and sacrifices of present and former military families. Designates November 19, 1990, as National Military Families Recognition Day.
United States · United States Congress · 3 May 1990
Section 457 Plans Deposit Insurance Protection Act - Amends the Federal Deposit Insurance Act to provide the same deposit insurance treatment for deposits of State and local government and tax-exempt nonprofit organization deferred compensation plans as is provided for deposits of Keogh plans and individual retirement accounts.
United States · United States Congress · 2 May 1990
Amends the Federal judicial code to add a new judicial district in California to be comprised of Orange, Riverside, and San Bernardino Counties. Provides that court for the new Western District shall be held in Santa Ana and at a site that jointly serves Riverside and San Bernardino Counties. Provides that any district judge of the Central District of California whose official duty station is in Orange, Riverside, or San Bernardino County on the day before the effective date of this Act shall be a district judge of the Western District. Directs the President to appoint, by and with the advice and consent of the Senate, a U.S. attorney and a U.S. marshal for the Western District.
United States · United States Congress · 2 May 1990
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 · 1 May 1990
Judicial Taxation Prohibition Act - Amends the Federal judicial code to deny to inferior Federal courts jurisdiction to issue any remedy, order, writ, or other judicial decree requiring the Federal Government or any State or local government to impose any new tax or to increase any existing tax or tax rate.
United States · United States Congress · 1 May 1990
Constitutional Amendment - Declares that the Congress and the States shall have power to prohibit the act of physical desecration of the U.S. flag and to set criminal penalties for such act.
United States · United States Congress · 26 April 1990
Directs the President to report to the Congress on whether the Government of India is preventing human rights organizations from visiting India to monitor human rights conditions. Terminates development assistance to India (except for assistance for specified health projects) if the President reports that the Government of India is implementing such policy. Provides for the resumption of assistance to India if the President reports to the Congress that India is no longer implementing such policy.
United States · United States Congress · 26 April 1990
Condemns the restrictions of the print and electronic media imposed by the Soviet Union on journalists attempting to cover events in Lithuania. Urges: (1) General Secretary Gorbachev to rescind restrictions on the admission of Western journalists to, and on freedom of the press in, Lithuania; and (2) President Bush to take steps to facilitate the readmission of Western journalists to Lithuania.
United States · United States Congress · 25 April 1990
Amends rule XXVII of the Rules of the House of Representatives to require the Clerk to cause to be printed in a separate section of the Congressional Record on the first legislative day of each week after a motion to discharge has been filed: (1) a copy of the motion; (2) the name of the Member filing it; and (3) a list of all Members who have signed such motion as of the last legislative day of the preceding week in which the House was in session.
United States · United States Congress · 24 April 1990
Authorizes and requests the President to designate May 26, 1990, to commemorate the bicentennial of "An Act for the government of the territory of the United States, south of the river Ohio" (from which Tennessee was formed).
United States · United States Congress · 19 April 1990
Loans to One Borrower Transition Rule Act of 1990 - Amends the Home Owners' Loan Act to establish a transition period during which specified limits apply to total loans and credit extensions offered by savings associations to any one borrower. Requires the Director of the Office of Thrift Supervision to prescribe regulations to implement this Act.
United States · United States Congress · 19 April 1990
Affordable Housing for Young Americans Act - Amends the Internal Revenue Code to permit penalty-free withdrawals from individual retirement plans for first-time home purchases by taxpayers, their children, or their grandchildren.
United States · United States Congress · 18 April 1990
Expresses the sense of the House of Representatives that the U.S. Postal Service should study and report to the Congress on the feasibility of establishing lower rates for second- and third-class mail matter which uses recycled paper and materials.
United States · United States Congress · 4 April 1990
Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to provide that the definition of "owner or operator" (for purposes of liability) does not include: (1) a designated lending institution which acquires control of a facility pursuant to the terms of a security interest held by the person in such facility or in connection with a lease subject to Federal or State banking authorities; (2) a corporate fiduciary which operates or has legal title to a facility pursuant to the terms of an estate or trust; (3) an individual or institution that serves as an indenture trustee and acquires control of a facility as the result of default on a financing document between the trustee and the issuing entity; and (4) an individual fiduciary who has legal title to a facility for purposes of administering an estate or trust.
United States · United States Congress · 4 April 1990
Medicare Physician Regulation Relief Amendments of 1990 - Amends title XVIII (Medicare) of the Social Security Act to require carriers and peer review organizations to release the medical review screen or the associated screening parameter to a physician before notifying such physician that payment for his or her service has been denied. Permits Medicare reimbursement of a patient's regular physician for services provided to such patient by another physician who occasionally covers for the regular physician. Requires Medicare carriers to provide physicians, upon request and without charge, with carrier-generated information which physicians need to submit a payment claim or respond to a carrier inquiry. Allows a medical society or other professional organization representing physicians to represent a group or class of physicians in Medicare payment determinations, reconsiderations, or appeals. Directs the Secretary of Health and Human Services to appoint, based on nominations submitted by national medical organizations representing physicians, a Practicing Physicians Advisory Council with which the Secretary must consult concerning changes in the Medicare program and proposed changes in regulations and carrier operation policies.
United States · United States Congress · 4 April 1990
Authorizes appropriations to provide for a specified personnel level for the border patrol of the Immigration and Naturalization Service by October 1, 1992. Makes funds available from the Department of Justice Assets Forfeiture Fund to provide for such personnel level.
United States · United States Congress · 4 April 1990
Amends the Internal Revenue Code to revise the definitions of highly compensated employee and compensation for pension plan purposes. Delays requirements of employer reporting on the number of highly compensated employees under a fringe benefit plan. Requires the Secretary of the Treasury to study the burden of such reporting requirements.
United States · United States Congress · 29 March 1990
Language of Government Act of 1990 - 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 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 · 29 March 1990
Requires the Attorney General to recruit 1,000 additional border patrol agents for the Immigration and Naturalization Service from eligible military personnel discharged involuntarily under honorable conditions after October 1, 1989.
United States · United States Congress · 21 March 1990
American Technology Preeminence Act - Title I: Department of Commerce Research and Technology - Technology Administration Authorization Act of 1990 - Authorizes appropriations to the Secretary of Commerce to carry out the following activities of the National Institute of Standards and Technology (NIST): (1) measurement research and standards; (2) materials science and engineering; (3) engineering measurements and standards; (4) computer science and technology; (5) research support activities; (6) cold neutron source facility; and (7) technology services. Earmarks specified amounts for: (1) steel technology; (2) the Center for Building Technology; (3) the Center for Fire Research; (4) the technical competence fund; (5) the evaluation of nonenergy-related inventions and related technology extension activities; and (6) Regional Centers for the Transfer of Manufacturing Technology. Permits transfers of funds among activities under specified conditions. Prohibits the merger of the Center for Building Technology and the Center for Fire Research. Authorizes the use of certain funds to pay the Federal share of the cost of a pilot program to assist in the development of comprehensive industrial standards for countries that have requested such assistance, if other conditions are met. Authorizes additional appropriations for FY 1990 through 1992 for: (1) the Office of the Under Secretary of Commerce for Technology; (2) carrying out the Japanese Technical Literature Act of 1986; (3) modernization of the National Technical Information Service (NTIS); (4) the Clearinghouse for State and Local Initiatives on Productivity, Technology, and Innovation; and (5) adjustments in salary, pay, retirement, and other employee benefits which may be provided for by law. Requires NTIS operating costs, associated with the acquisition and storage of information, to be recovered through the collection of fees. Amends Federal law to remove the cap on expenditures for construction and improvement of NIST buildings and facilities, but retains the requirement that such expenditures be within the limits of funds appropriated to NIST. Amends Federal law to authorize appropriations for the Regional Centers for the Transfer of Manufacturing Technology (Centers). Amends the Omnibus Trade and Competitiveness Act of 1988 to authorize appropriations to carry out provisions mandating a nationwide study of current State technology extension services. Amends Federal law to establish within NIST an Office of Technology Services to supervise the Centers Program, NIST's assistance to State technology programs, and other activities or programs as the Secretary or the NIST Director may specify. Prohibits funds appropriated for NIST activities from being expended unless the activities have been specifically authorized by law. Title II: Advanced Technology Program Amendments - Emerging Technology Research and Development Act of 1990 - Amends Federal law to authorize the Secretary of Commerce, through the Director of NIST, to support joint ventures to identify and solve generic technology and manufacturing problems in emerging technology fields including high resolution information systems and advanced materials research and development so as to speed commercialization of products and services based on these technologies, and to establish procedures for technology sharing and technology transfer among members of the joint venture while protecting against transfer of intellectual properties, trade secrets, or proprietary data overseas. Requires that awards to joint ventures be based on competitive or other merit-based procedures. Directs the Secretary, through the Director, to negotiate an agreement with any joint venture participants: (1) delineating their activities and responsibilities; and (2) specifying a period of time during which the Federal Government shall receive payments from any profits of the venture in proportion to the Federal share of the cost or, as an alternative, an option to pay an amount determined by the Secretary to be equal to the full Federal investment plus a reasonable return on such investment. Sets forth criteria for determining whether a company shall be considered a U.S. business and other eligibility criteria. Authorizes the Secretary, the Under Secretary of Commerce for Technology, and the Director to organize such industry advisory committees as appropriate. Authorizes the use of up to a specified percentage of the funds appropriated for carrying out provisions relating to the Advanced Technology Program (ATP) for standards development in support of those provisions. Authorizes the Secretary to make grants for research and development of new or advanced technology of significant long-term value to the civilian U.S. economy, or for research and development concerning the generic commercial adaptation of such technology. Requires grants, contracts, and cooperative agreements under the ATP to be designed to support projects which are high risk and which have potential for eventual substantial widespread commercial application. Authorizes appropriations for the ATP. Title III: Amendments to Stevenson-Wydler Technology Innovation Act of 1980 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 (Stevenson-Wydler Act) to remove fiscal year limitations from provisions requiring that each Federal agency transfer an amount to NIST for the Federal Laboratory Consortium for Technology Transfer. Adds references to intellectual property to provisions defining "cooperative research and development agreement." Amends the definition of "Federal agency" to include any agency of the legislative branch. Amends the Stevenson-Wydler Act to authorize the Secretary of Commerce to use appropriated funds to carry out the Secretary's responsibilities under the Malcolm Baldrige National Quality Improvement Act of 1987. Title IV: Office of Science and Technology Policy - Amends Federal law to add the Director of the Office of Science and Technology Policy to the list of positions at level I of the Executive Schedule. Adds the Director of the Office of Science and Technology to the list of positions at level II of the Executive Schedule. Requires the Director of the Office of Science and Technology Policy to report annually to the Congress on all major science and technology proposals involving more than one country and having a total estimated cost greater than a specified sum. Amends the National Science and Technology Policy, Organization, and Priorities Act of 1976 (STPOP) to add a new title to be cited as the National High Performance Computer Technology Program Act of 1990. Directs the President, through the Federal Coordinating Council for Science, Engineering, and Technology, to develop a National High Performance Computer Technology Plan containing recommendations for a five-year national effort. Mandates that the plan include: (1) funding requirements; and (2) the establishment of a multi-gigabit-per-second research and education computer network by 1996, to be known as the National Research and Education Network, to link government, industry and the higher education community, to provide computer users with access to supercomputers, data bases, and other research facilities, and to meet other goals. Requires the Plan to define the organizational arrangement for managing the operation of the Network. Requires the Council to develop the Plan, coordinate the high performance computing research and development activities of Federal agencies, and establish an advisory board. Amends the STPOP to establish a Presidential Commission on Reducing Capital Costs for Emerging Technology to develop recommendations to increase the competitiveness of U.S. industry by encouraging investment in quality, product and process improvements, and new product development and marketing. Terminates the Commission six months after submission of its final report. Authorizes appropriations. Sets forth the sense of the Congress that the research and experimentation tax credit be permanently extended and raised to 25 percent, and the research and development costs allocation rules for deduction of expenses from foreign income be revised so as to not discourage activities in the United States and not penalize companies exporting U.S. made products or providing services through U.S. citizens stationed abroad. Requires the Director of the Office of Science and Technology Policy to establish within that office a Presidential Commission on Procurement and Technology to develop recommendations for changes to Federal procurement laws, procedures, and policies with respect to the development of advanced technologies. Terminates the Commission six months after submission of its final report. Authorizes appropriations. Title V: Information Collection and Dissemination - Directs the Secretary of Commerce to report to specified congressional committees on the feasibility of establishing and operating a Federal Online Information Product Catalog (FEDLINE) at the National Technical Information Service (NTIS). Amends the National Technical Information Act of 1988 to add producing and disseminating products in electronic format to the duties of the NTIS. Title VI: High Resolution Information Systems - Requires the Director of the Office of Science and Technology Policy to establish within that office a High Resolution Information Systems Board to foster and monitor the development of U.S. based high resolution information systems industries. Includes high definition television in the definition of such systems. Title VII: Reports - Amends the National Science and Technology Policy, Organization, and Priorities Act of 1976 (STPOP) to require that the biennial national critical technologies report include the most economically important emerging civilian technologies during the ten-year period following the report, together with the estimated current and future size of domestic and international markets for products derived from these technologies. Allows a product or process technology to be considered to be a national critical technology if it is essential for U.S. long-term national security or (currently, and) economic prosperity. Requires each report to identify technology base gaps between the United States and its major trading partners and list the technologies and markets targeted by major trading partners for development or capture. Directs the Secretary of Commerce to report to the Congress on the feasibility and advisability of establishing, in affiliation with NIST, a Quality Institute and privately-funded foundation to support that Institute. Requires the Director of the Office of Science and Technology Policy to propose to the Congress a strategy for improving the university research capabilities of those States which historically have received relatively little Federal research and development funding. Requires the Director of the National Science Foundation to enter into a contract with the International Institute for Applied Systems Analysis for the development of a methodology or approach that can be used in the establishment of international product standards. Authorizes the use of a specified sum of the amounts authorized under the National Science Foundation Authorization Act of 1988 to carry out such requirement.
United States · United States Congress · 21 March 1990
Organ Procurement Process Review Act of 1990 - Amends the Public Health Service Act require that an organ procurement organization (OPO), in order to be eligible to receive certain grants, have a service area of sufficient size which will include not less than 50 potential organ donors each year. (Current law requires a service area of sufficient size such that the organization can reasonably expect to procure organs from not less than 50 donors each year.) Repeals provisions of the Health Omnibus Programs Extension of 1988 which delay the effective date of certain related amendments, with regard to an OPO designated under specified provisions of the Social Security Act, until two years after the initial designations of the organization. Directs the Secretary of Health and Human Services to establish the National Advisory Committee for Review of the Organ Procurement Process.
United States · United States Congress · 21 March 1990
Expresses the sense of the House of Representatives that in any fiscal year for which there is a reduction in national defense spending: (1) the maximum deficit amount should be reduced by one-half of such reduction; or (2) in any fiscal year for which there is no maximum deficit amount, the total amount of non-defense spending should not be increased by more than 50 percent of the reduction in defense spending.
United States · United States Congress · 20 March 1990
Expresses the sense of the Congress that: (1) the United States should support the unified status of Jerusalem and continue to recognize that a unified Jerusalem is an integral part of the State of Israel; (2) efforts of the U.S. Government to achieve peace in the Middle East should take into account the close relationship between the United States and Israel, as well as Israel's legitimate security needs; and (3) efforts to advance the peace process must not call into question the status of Jerusalem.
United States · United States Congress · 15 March 1990
Denies annuity benefits to a Member of Congress convicted of a State or Federal felony. Authorizes the restoration of such annuity: (1) if the individual is pardoned by the Governor in the case of a felony under State law; or (2) in the case of a reversal.
United States · United States Congress · 15 March 1990
Congratulates: (1) the people of Lithuania on their recent multiparty elections; (2) the new Government on its decision to restore Lithuanian independence; and (3) the new Supreme Council of the Republic of Lithuania. Urges the Soviet Government to enter into negotiations with the new Lithuanian Government on an equal basis and to refrain from acts of political and economic intimidation against Lithuania. Urges the President to: (1) strengthen and seek ways to demonstrate his commitment to an independent and democratic Lithuania; (2) take steps toward normalizing diplomatic relations with the Lithuanian Government; (3) seek effective political support among our allies as Lithuania attempts to negotiate credits in Western markets; and (4) seek ways to make appropriate technical assistance available to the Lithuanian people.
![Official portrait of Rep. Packard, Ron [R-CA-48]](https://www.congress.gov/img/member/p000005_200.jpg)