United States · United States Congress · 3 January 1991
Merchant Mariners Fairness Act of 1991 - Provides that certain qualified service of a member of the U.S. merchant marine, including a vessel crewmember of the U.S. Army Transport Service, during World War II constituted active military service for purposes of eligibility for various veterans' benefits under the GI Bill Improvement Act of 1977. Requires the Secretary of Defense to issue an honorable discharge under such Act to each merchant marine member whose qualified service warrants such a discharge. Defines "qualified service." Prohibits the payment of any retroactive benefits under this Act. Mandates a processing fee of a specified amount for any benefit application for such qualified service. Amends the Merchant Marine Act, 1936 to add references to components or ingredients of equipment, materials, or commodities in certain cargo preference provisions.
United States · United States Congress · 3 January 1991
Legislative Line Item Veto Act of 1991 - Amends the Congressional Budget and Impoundment Control Act of 1974 to grant the President legislative line item veto rescission authority. Authorizes the President to rescind all or part of any budget authority if the President determines that such rescission: (1) would help balance the Federal budget, reduce the Federal budget deficit, or reduce the public debt; (2) will not impair any essential Government functions; and (3) will not harm the national interest. Requires the President to notify the Congress of such a rescission by: (1) special message not later than 20 calendar days after enactment of appropriations legislation; or (2) special message accompanying the budget when such rescissions have not been proposed previously for that fiscal year. Makes such a rescission effective unless the Congress, during a review period of 20 calendar days, enacts a rescission disapproval bill. Describes: (1) information to be included in the President's message; and (2) procedures to govern consideration of rescission disapproval legislation in the Senate and the House of Representatives.
United States · United States Congress · 3 January 1991
Authorizes the Secretaries of Veterans Affairs and Defense to make joint grants to qualifying medical schools to assist in the establishment of new medical research centers. Outlines qualifications for medical schools eligible for such grants, including: (1) being primarily State-supported; (2) having no established research center in the field for which application is made; (3) being located in proximity to a Department of Veterans Affairs medical facility which has an affiliation with a medical facility of the Department of Defense; and (4) having demonstrable potential for successful development of such a new research center. Requires the Secretaries to ensure that centers for which grants are made are geographically dispersed within the United States. Requires the Secretaries to establish an advisory committee to advise a medical school with respect to activities of the center for which a grant is made. Prohibits the Secretaries from entering into an agreement to make a grant unless the Secretaries find that the school will maintain arrangements with the Department medical facility with which it is affiliated as to be mutually beneficial in carrying out the mission of the respective medical facilities and the school. Requires facilities of such research centers to be made available on a competitive basis. Requires the Secretaries to ensure that Federal funding for such centers be acknowledged in the activities and publications of the center. Requires one-half of the grant amounts to be provided by each Secretary. Specifies fund sources which may be used for such grants. Requires an agreement for such grants to include certain assurances with respect to the sufficiency of non-Federal funding for such research centers. Authorizes the Secretaries to increase grant amounts due to cost increases, within specified limits. Sets forth application requirements for medical schools desiring to receive such grants. Requires the Secretaries, in considering such applications, to give priority to applications which emphasize research in one or more of the following areas: (1) diabetes and metabolic diseases; (2) prosthetics and rehabilitation medicine; (3) mental health, behavioral medicine, and neurological disease; (4) acquired immune deficiency syndrome (AIDS) and related diseases; (5) Alzheimer and dementia; (6) degenerative cardiopulmonary disease; (7) cancer; (8) technology assessment; and (9) toxicology. Requires the Secretaries to use a merit review process in considering applications and awarding grants under this Act. Authorizes appropriations for FY 1992 through 1995. Entitles the Secretaries to recover from grant recipients any amount not used for appropriate grant purposes.
United States · United States Congress · 3 January 1991
Amends the Higher Education Act of 1965 to permit the deferral of payments on student loans during professional internships of any duration (by removing a two-year limitation).
United States · United States Congress · 3 January 1991
Language of Government Act of 1991 - Declares English to be the official language of the U.S. Government. States that the Government has an affirmative obligation to preserve and enhance the role of English as the official language. Prohibits anyone from being denied Government services because they communicate in English. Prohibits a Government entity from making or enforcing an official act requiring the use of a language other than English. Deems anyone discriminated against for communicating to the Government in English to have been discriminated against on the basis of national origin. Makes available to a person so discriminated against all lawful remedies available under the Civil Rights Act of 1964.
United States · United States Congress · 3 January 1991
Veterans' Compensation Amendments of 1991 - Increases the rates of: (1) veterans' disability compensation; (2) additional compensation for veterans' dependents; (3) the clothing allowance for certain disabled veterans; (4) dependency and indemnity compensation for surviving spouses and children; and (5) supplemental dependency and indemnity compensation for disabled adult children. Authorizes the Secretary of Veterans Affairs to adjust administratively the rates of disability compensation payable to persons who are not in receipt of compensation for service-connected disability or death.
United States · United States Congress · 3 January 1991
Guam Commonwealth Act - Title I: Political Relationship - Creates the Commonwealth of Guam. Grants the people of Guam the right of full self-government through adoption of a Constitution, consistent with U.S. sovereignty over Guam and the supremacy of U.S. law applicable to Guam, and within specified guidelines. Recognizes the right of self-determination of the people of Guam. Directs the U.S. Government, through additional federally-funded programs, to promote preservation of the Chamorro culture, enhanced economic, social, and educational opportunities for Chamorros, and training of Chamorros for employment. Provides that nothing in this Act or the Constitution of Guam shall impair the U.S. citizenship of the residents of Guam or their descendants or their rights and privileges as U.S. citizens under the 14th amendment to the U.S. Constitution. Directs Guam to establish a land trust for the benefit of the indigenous Chamorro people and to establish residency requirements under the Constitution of Guam for voting and holding elective office. Allows this Act to be modified only with the mutual consent of the Governments of the United States and Guam. Title II: Applicability of Federal Law - Makes specified provisions of, and amendments to, the U.S. Constitution applicable to Guam, in addition to those portions which currently apply. Makes Federal laws, rules, or regulations passed after the date of this Act inapplicable unless mutually consented to by the Governments of the United States and Guam. Creates the Joint Commission on the Applicability of Federal Law. Specifies its duties, including: (1) participating in consultations between the Governments of the United States and Guam; (2) studying existing statutes and regulations affecting the U.S.-Guam relationship; (3) reviewing policies and procedures of Federal agencies relating to such relationship; (4) compiling data; (5) drafting modifications in existing laws, regulations, policies, and procedures and obtaining such modifications by negotiation and mediation concerning issues such as land claims and war claims; and (6) seeking to obtain maximum economic development and political autonomy for Guam, consistent with U.S. security interests. Provides that the United States will bear the cost of the work of the Commission. Authorizes the President or his designee to delegate to the Governor of Guam total or partial performance of functions now vested in Federal administrative agencies. Title III: Foreign Affairs and Defense - Grants the United States responsibility for authority with respect to matters relating to foreign affairs and defense that affect Guam. Provides for U.S. consultation with Guam in advance of negotiations toward any treaties or international or executive agreements affecting Guam, and with respect to proposals to increase or decrease Department of Defense activities within Guam. Prohibits the establishment of military security zones or the stationing of foreign military personnel on the Island of Guam without the approval of the Government of Guam except in time of declared war, or the establishment of military bases without consultation with the Governor. Provides for U.S. assistance to Guam in the establishment of offices in the United States and abroad, in becoming a member or participant in appropriate regional and international organizations, and in obtaining from other countries favorable treatment for exports. Prohibits the United States from using the Island of Guam or the water surrounding it for the dumping or storage of nuclear waste or hazardous chemicals. Provides for the clean up by the United States of chemical dump sites used by the military in the past. Requires the United States to compensate any person injured as a result of hazardous materials stored, used, or disposed of by the U.S. Government in Guam or its waters. Title IV: Courts - Specifies provisions governing the relations between U.S. courts and the local courts of Guam, the jurisdiction of the District Court of Guam, and the applicable district court rules. Provides for the appointment of a judge for the District Court of Guam, a U.S. attorney, and a U.S. marshal for Guam. Title V: Trade - Establishes a Guam-United States free trade area, under which neither party may impose duties, quotas, or other restrictions on each other's products, nor shall the United States treat products of Guam as having originated in any other country. Defines "products of Guam" to mean articles that contain at least 30 percent value added in Guam, and specifies costs included in value added. Authorizes Guam to impose, increase, reduce, or eliminate duties and other restrictions on: (1) products that originate outside the customs territory of the United States and that are imported into Guam; and (2) exports from Guam, whether or not products of Guam. Requires the Governor of Guam to certify that the origin of "products of Guam" is, in fact, Guam, and provides for customs inspections of products brought into the United States. Title VI: Taxation - Makes U.S. income tax laws applicable to Guam. Deems such laws to impose a separate tax, payable to the Government of Guam, to be known as the Guam Commonwealth income tax. Grants the Governor the same administrative and enforcement powers and remedies with regard to such tax (pursuant to the laws of Guam) as the Secretary of the Treasury and other executive branch officials have with respect to the U.S. income tax. Sets forth similar enforcement authority with respect to criminal violations, tax liens, and suits to recover erroneously or illegally assessed taxes. Grants the District Court of Guam exclusive jurisdiction over all judicial proceedings in Guam, both criminal and civil, with respect to such tax. Allows the Government of Guam to provide for the rebate or reduction of taxes in order to assist new industries or economic development. Grants Guam the power to determine the nature and amount of taxes imposed upon the income and property of persons within its jurisdiction. Repeals applicable U.S. tax laws one year after Guam has enacted a replacement comprehensive local income tax. Exempts all bonds or other obligations issued by Guam from taxation by Federal, State, or local governments of the United States. Title VII: Immigration - Applies the Immigration and Nationality Act and pertinent Federal regulations to Guam for two years from enactment of this Act. Directs Guam to enact a comprehensive law on immigration to become effective at the end of the two-year period. Provides that such law shall not impair the free movement of U.S. citizens to and from Guam, include the authority to naturalize aliens for U.S. citizenship, or alter the Governor's authority to issue U.S. passports. Authorizes U.S. consular officials to issue visas for travel only to Guam for any alien seeking to enter Guam as a non-immigrant in order to encourage investors and tourists to come to Guam. Title VIII: Labor - Grants preference to qualified residents of Guam in all Federal civil service vacancies occurring in Guam. Grants Guam the authority to enact and enforce all laws regulating or affecting employment in Guam. Provides that all pertinent U.S. laws regulating employment on Guam on the effective date of this Act shall remain applicable until replaced by duly enacted law of the Guam Legislature. Title IX: Transportation and Telecommunications - Precludes application of any U.S. law barring the U.S. registration and use of any foreign-built vessel within the waters around Guam for any purpose. Exempts from the coastwise laws of the United States any shipment of fish or fish products from Guam to any U.S. coastwise destination. Directs the Commission periodically to examine the applicability of such laws and to recommend termination of their applicability upon determining that such laws constrain Guam's economic development. Authorizes the Governor of Guam to sponsor any qualified air service carrier to come to Guam, subject to presidential consultation concerning U.S. foreign policy and security interests. Exempts Guam from all bilateral treaties between the United States and foreign states with respect to scheduling and technical specifications of aircraft, other than safety requirements. Provides that Guam shall remain an "eligible point" for purposes of being ensured essential air transportation to and from the United States. Defines Guam as "domestic" for Federal Communications Commission rate setting purposes. Title X: Land, Natural Resources and Utilities - Grants the Government of Guam the power of eminent domain. Grants Guam jurisdiction over all natural resources of the seabed, subsoil, tidelands, and adjacent territorial waters of the Island of Guam. Sets limits on U.S. acquisition of real property on Guam. Exempts Guam from Federal regulations governing the transfer or sale of excess Federal real property. Provides for the transfer of all excess Federal property to Guam, with specified exceptions. Provides for access and use by the residents of Guam of certain retained Federal property, subject to military security requirements. Authorizes the granting of easements on such property to the Government of Guam in specified circumstances. Directs the United States to transfer ownership of island utilities to Guam. Title XI: United States Financial Assistance - Provides for the return of U.S. revenues from taxes and fees collected in Guam or from its residents or products to the Government of Guam. Makes U.S. laws providing Federal benefits and financial assistance which are applicable to the States likewise applicable to Guam on an equal basis. Directs the Governor of Guam, in preparing an annual budget, to identify the costs and benefits to Guam brought about by its role as one of the principal U.S. military bases. Requires the Governor to submit such information to the Guam Legislature and the Office of Management and Budget for use in reviewing the Governor's request for appropriations for the annual Federal payment to Guam, which request the Governor shall submit to the President for transmission to the Congress each year. Provides for assistance to aid Guam's transition to a Commonwealth, including: (1) U.S. financing of the costs of institutional changes connected with the change in Guam's political relationship with the United States; (2) help in meeting the capital needs of Guam necessary for long-term, self-sustaining development; and (3) establishing an economic development fund to assist expansion of the private sector. Title XII: Technical Amendments and Interpretation - Makes technical and conforming amendments. Calls for this Act to be interpreted liberally to accomplish its purpose of providing for complete, internal self-government for Guam. Requires this Act to be submitted to the registered voters of Guam for ratification after being passed by the Congress. Repeals the Organic Act of Guam.
United States · United States Congress · 3 January 1991
National Commemorative Advisory Act - Establishes the President's Advisory Commission on National Commemoratives to: (1) establish criteria for recommending to the President that a proposed national observance be approved or disapproved; (2) review proposals for national observances submitted in accordance with procedures published by the Commission; and (3) issue recommendations to the President concerning each proposal reviewed.
United States · United States Congress · 3 January 1991
Social Security Earnings Test Amendments of 1991 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to remove the limitation on the amount of outside income which beneficiaries who have attained retirement age may earn without incurring a reduction in benefits. Sets a monthly limit on the amount other OASDI beneficiaries may earn in a taxable year ending in 1992 before incurring a benefit reduction.
United States · United States Congress · 3 January 1991
Amends the Internal Revenue Code to make permanent the exclusion from gross income of amounts received under qualified group legal services plans. (Under current law the exclusion expired as of September 30, 1990.)
United States · United States Congress · 3 January 1991
Repeals provisions of the Internal Revenue Code that limit the deductibility of contributions to individual retirement plans by active participants in employer-maintained retirement plans.
United States · United States Congress · 3 January 1991
Family Education Assistance Act of 1991 - Amends the Internal Revenue Code to allow an individual income tax deduction for contributions to a savings account established to pay the educational expenses (tuition, supplies, meals, and lodging) of the taxpayer's child or certain other relatives at an institution of higher education or a vocational school. Limits the deduction to $1,500 annually (adjusted for inflation) for each account. Disallows the deduction for contributions to an account maintained for any individual aged 19 or older. Requires any account balance to be distributed after the beneficiary attains age 30. Permits an exclusion from the gross income of the contributor or the beneficiary of account distributions used to pay educational expenses of the latter. Exempts an account from taxation (except for the tax on unrelated business income of a charitable organization), unless a contributor or the beneficiary engages in specified prohibited transactions in connection with it. Imposes a ten percent surtax on distributions not used for educational purposes. Requires the account trustee to report to the Secretary of the Treasury and to the account's beneficiary concerning the account. Imposes a penalty for failure to report. Allows taxpayers who do not otherwise itemize deductions to deduct for contributions to an education savings account. Imposes penalty taxes in connection with excess contributions or prohibited transactions associated with an account.
United States · United States Congress · 3 January 1991
Constitutional Amendment - Prohibits a person who has been elected to: (1) the Senate two times from being eligible for election or appointment to the Senate; and (2) the House of Representatives six times from being eligible for election to the House.
United States · United States Congress · 3 January 1991
Constitutional Amendment - Requires the Congress, prior to each fiscal year, to adopt a statement in which total Federal outlays do not exceed total receipts, unless a three-fifths rollcall vote of both Houses authorizes a specific excess. Prohibits any increase in the public debt unless three-fifths of both Houses of the Congress enacts legislation permitting otherwise. Permits any revenue-increasing bill to become law only if approved by a majority of the whole number of both the Senate and the House of Representatives by rollcall vote. Directs the President to submit a balanced budget to the Congress. Waives these provisions automatically when a declaration of war is in effect.
United States · United States Congress · 3 January 1991
Establishes in the House of Representatives the Select Committee on Narcotics Abuse and Control to conduct continuing oversight and review of the problems of narcotics, drug, and polydrug abuse and control.
United States · United States Congress · 3 January 1991
Urges the President to request the Kingdom of Saudi Arabia to pay: (1) the full cost of Operation Desert Shield; (2) an amount sufficient to establish a U.S. Government-administered fund from which each reserve member will receive the difference between their civilian pay before they were called to active duty and their military pay while they are on active duty for such Operation; (3) an amount sufficient to reimburse the United States for the cost of loans to Egypt the United States has forgiven due to Egypt's participation in such Operation; and (4) an amount to be agreed upon to offset the adverse impact on the U.S economy resulting from the higher oil prices caused by the Persian Gulf crisis.
United States · United States Congress · 27 October 1990
Budget Process Reform Act - Title I: Statement of Congressional Purpose - Declares that the purpose of this Act is to facilitate rational, informed, and timely decisions by the Congress. Expresses the sense of the Congress that the Federal budget process should focus the attention of policymakers and the public on the aggregate impact of Federal spending on the economy, and on the tradeoffs that must be made among priorities in order to control overall levels of spending. Declares that the budget process should contain safeguards against delay and inaction, so that temporary shut-downs of the Government may be avoided. Title II: Binding Budget Law - Requires the Congress to enact a binding budget law, in the form of a joint resolution, by April 15 of the calendar year before that in which the fiscal period commences. Requires the budget law to fit on a single page, which sets forth specific budget ceilings in major functional categories. Makes it out of order in the House of Representatives or the Senate to consider any spending bill affecting spending in a major functional category unless and until a joint resolution on the budget is enacted. Amends the Congressional Budget Act of 1974 to prohibit baseline budgeting. Requires the budget to include comparisons of current fiscal year and proposed subsequent fiscal year spending. Title III: Enforcement Mechanisms - Subtitle A: Super majority Required to Break Budget Law - Requires a two-thirds majority vote in the House and the Senate to consider any spending bill prior to the enactment of the budget law. Requires the Congressional Budget Office to provide to the Congress an estimate of the costs in each major functional category of any spending bill as soon as practicable after its introduction. Limits such estimates to those bills likely to result in costs of more than $10,000,000. Requires a two-thirds affirmative vote in the House and the Senate to consider over-budget spending bills. Requires a two-thirds affirmative vote in the House and the Senate to waive any provision of this Act. Subtitle B: Limited Enhanced Rescission Authority - Amends the Impoundment Control Act of 1974 to limit the President's rescission authority to spending that is above the limits of the budget law. Subtitle C: "Blank Check" Appropriations Prohibited - Declares the intent of the Congress to end open-ended, "blank check" appropriations which typically authorize spending "such sums as may be necessary." Requires fixed-dollar appropriations for every account except social security and interest on the debt. Prohibits open-ended appropriations. Requires Executive agencies to adjust benefit levels to ensure that appropriations for entitlement programs are not exceeded. Subtitle D: "Pay As You Go" Requirement for New Spending - Prohibits the Congress from considering any legislation which exceeds the budget ceiling unless it offsets such increased spending with an equal amount of reductions. Requires a two-thirds affirmative vote in the House and the Senate to waive such prohibition. Title IV: Sustaining Mechanism - Makes appropriations to provide for an automatic continuing resolution if for any account an appropriation for a fiscal period does not become law before the beginning of such period. Restricts legislation providing funding to the Committees on Appropriations. Title V: Protection of Social Security - Provides that no reduction in benefits under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act shall be made as a consequence of this Act. Title VI: Timetable - Revises the timetable for the congressional budget process. Title VII: Conforming Amendments - Makes various technical and conforming amendments, including changing references to a concurrent resolution on the budget to references to a joint resolution on the budget. Title VIII: Definitions and Rules of Interpretation - Sets forth definitions for specified terms. Title IX: Effective Date - Declares the effective date of this Act to be January 1, 1991, applicable to fiscal years beginning after September 30, 1991.
United States · United States Congress · 17 October 1990
Expresses the sense of the Congress that the President should declare November 2, 1990, a national day of prayer for: (1) members of American military forces and American citizens stationed or held hostage in the Middle East, and for their families; and (2) American and Iraqi authorities to bring about a just resolution of the Persian Gulf crisis.
United States · United States Congress · 1 October 1990
Amends Federal law to change the name of the Boys' Clubs of America to the Boys and Girls Clubs of America. Updates the board members of the organization.
United States · United States Congress · 27 September 1990
Designates the Department of Veterans Affairs medical center located at 113 Holland Avenue in Albany, New York, as the Samuel S. Stratton Department of Veterans Affairs Medical Center.
United States · United States Congress · 26 September 1990
Authorizes the President, in order to protect health and safety of human life, to decrease the sequester amounts specified in the order issued August 25, 1990, under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Requires an increase in the sequester amount in other accounts, programs, projects, or activities to the extent amounts were decreased in such order.
United States · United States Congress · 19 September 1990
Subjects to civil liability (provided by the Trademark Act of 1946) any person who uses the symbols, emblems, trademarks, and names of the 1993 Summer World University Games, without the consent of the Greater Buffalo Athletic Corporation (Corporation): (1) for the purpose of trade; (2) to induce the sale of any goods or services; or (3) to promote any theatrical exhibition, athletic performance, or competition. Permits contributors and suppliers of goods or services to use the trade name of the Corporation, or any trade mark, symbol, insignia, logo, or emblem belonging to it or the International University Sports Federation, to advertise that such goods were approved, selected, and used by the Corporation. Gives the Corporation the exclusive right to use the name "World University Games," the symbol, logo, and names described in this Act.
United States · United States Congress · 13 September 1990
Subjects to civil liability (provided by the Trademark Act of 1946) any person who uses the symbols, emblems, trademarks, and names of the 1993 Summer World University Games, without the consent of the Greater Buffalo Athletic Corporation (Corporation): (1) for the purpose of trade; (2) to induce the sale of any goods or services; or (3) to promote any theatrical exhibition, athletic performance, or competition. Permits contributors and suppliers of goods or services to use the trade name of the Corporation, or any trade mark, symbol, insignia, logo, or emblem belonging to it or the International University Sports Federation, to advertise that such goods were approved, selected, and used by the Corporation. Gives the Corporation the exclusive right to use the name "World University Games," the symbol, logo, and names described in this Act.
United States · United States Congress · 13 September 1990
Deposit Insurance Funds Protection Act of 1990 - Amends the Federal Deposit Insurance Act to repeal the specified maximum assessment rates for Bank Insurance Fund members and Savings Association Insurance Fund members. Directs the Federal Deposit Insurance Corporation to: (1) set assessment rates for insured depository institutions at such times as it determines, in its sole discretion, to be appropriate; and (2) provide public notice of assessment rate changes within a 60 day time-frame.
United States · United States Congress · 10 September 1990
Expresses the sense of the Congress that: (1) other countries that benefit from a secure supply of Persian Gulf oil or whose sovereignty the United States is committed to upholding should assume a proportionate share of the cost of the deployment of U.S. military forces in Saudi Arabia and the Persian Gulf region; (2) the Congress supports the President in his effort to request appropriate levels of assistance or reimbursement from such countries to defray deployment costs; and (3) the President should make it an ongoing priority to request such assistance.
United States · United States Congress · 3 August 1990
Amends the Internal Revenue Code to allow an itemized deduction for the qualified nursing educational expenses paid or incurred by a licensed practical or vocational nurse enrolled in a course of study leading to qualification as a registered nurse. Allows such deduction in computing adjusted gross income.
United States · United States Congress · 3 August 1990
Expresses the sense of the House of Representatives that the Congress should retain the current Federal tax deduction for State and local income and property taxes.
United States · United States Congress · 2 August 1990
Expresses the sense of the House of Representatives that October 1990 should be designated as National Ellis Island Month, in recognition of Ellis Island's upcoming centennial.
United States · United States Congress · 25 July 1990
Seneca Nation Settlement Act of 1990 - Provides for payments from the United States and New York State to settle lease payment claims of the Seneca Nation of Indians of the Allegany, Cattaraugus, and Oil Spring Reservations, provided the Nation offers new leases to the city of Salamanca, New York, in accordance with a specified agreement. Provides that such new leases shall not be subject to approval by the United States or New York State. Earmarks specified amounts of such payments for economic and community development of the Nation. Authorizes appropriations.
United States · United States Congress · 25 July 1990
Victims' Rights and Restitution Act of 1990 - Requires all Federal law enforcement agency officers and employees to make their best efforts to accord victims of crime with the right to: (1) be treated with fairness and respect for the victim's dignity and privacy; (2) be protected from their accused offenders; (3) notification of court proceedings; (4) attend public court proceedings related to the offense under certain conditions; (5) confer with the Government attorney assigned to the case; (6) restitution; and (7) information about the conviction, sentencing, imprisonment, and release of the offender. Directs Federal law enforcement agency heads to designate the persons responsible for identifying the victims of a crime and providing certain services to such victims such as: (1) informing them where to receive medical care and counseling; (2) arranging protection from an offender; and (3) keeping the victim informed of developments during the investigation and prosecution of the crime and after the trial such as the arrest of a suspected offender or an escape of a convicted offender. Revises Federal criminal code provisions regarding orders of restitution. Requires Federal courts to order convicted criminals to pay restitution to cover the full amount of the victim's losses without consideration of the economic circumstances of the offender or the fact that a victim has received or is entitled to receive compensation with respect to a loss from other sources. (Currently orders of restitution are discretionary.) Authorizes Federal courts to order restitution for any person who, as shown by a preponderance of the evidence, was harmed physically, emotionally, or pecuniarily by the unlawful conduct of the defendant during the crime. Amends the Federal bankruptcy code to prevent orders of restitution from being discharged as a result of bankruptcy.
United States · United States Congress · 24 July 1990
Financial Crimes Prosecution and Recovery Act of 1990 as Reported By the Committee on the Judiciary of the House of Representatives - Title I: Enhanced Criminal Penalties - Amends Federal criminal law to establish criminal penalties (including imprisonment) for the concealment of assets from the Federal Deposit Insurance Corporation (FDIC) (acting as conservator or receiver) and the Resolution Trust Corporation (RTC) acting as conservator or receiver. Amends the Federal Deposit Insurance Act to prohibit certain felons convicted of dishonesty or breach of trust from controlling or participating in the affairs of a depository institution for a minimum ten-year period. Amends Federal criminal law to establish criminal penalties (including imprisonment) for obstructing any examination of a financial institution. Increases to 30 years (currently, 20 years) the maximum prison term for bank fraud and embezzlement. Establishes a ten-year statute of limitations for the prosecution of racketeering offenses involving financial institutions. Extends money laundering prohibitions to include funds from specified bank crimes. Directs the U.S. Sentencing Commission to promulgate guidelines for increased penalties for certain bank crime convictions in which the defendant derived more than $1,000,000 in gross receipts from the offense. Provides for restoration of forfeited property and for restitution to bank crime victims. Sets forth maximum criminal fines and minimum imprisonment terms for certain continuing financial crime enterprises (i.e., certain violations committed by at least four persons acting in concert). Title II: Protecting Assets from Wrongful Disposition - Authorizes the Attorney General to obtain a court order enjoining or restraining the alienation of disposition of property obtained as a result of a banking law violation. Amends the Federal Deposit Insurance Act to set forth attachment procedures. Amends Federal bankruptcy law to provide that the trustee shall be deemed to have assumed a debtor's commitment to a Federal depository institution regulatory agency to maintain the capital of an insured depository institution (thus precluding the trustee from rejecting such commitment as an executory contract which can be avoided as a discharge in bankruptcy). Exempts a Federal depository institution regulatory agency acting as conservator for an insured depository institution from the requirement of proving reasonable reliance upon a false writing supplied by a debtor who is an institution-affiliated party. Prohibits a discharge in bankruptcy for debts resulting from the debtor's failure to fulfill a commitment to a Federal financial institution regulatory agency to maintain the capital of an insured depository institution. Exempts a Federal depository institution regulatory agency acting as conservator for an insured depository institution from the requirement of a timely nondischargeability request (including notice and hearing) when seeking to recover a debt relating to malfeasance. Declares that for specified cases of deceitful conduct, any institution-affiliated party of an insured depository institution (or credit union) shall be deemed to have been acting in a fiduciary capacity with respect to any debt owed to a Federal banking regulatory agency (thus making such debt nondischargeable in bankruptcy). Makes it a prerequisite of a bankruptcy reorganization plan that the debtor will: (1) maintain any commitment to a Federal banking regulatory agency to maintain the capital of an insured depository institution; and (2) continue to be obligated for any debt to such agency for failure to fulfill such commitment. Makes certain debts owed by an institution-affiliated party to an insured depository institution under Federal receivership nondischargeable under a consumer debt bankruptcy plan. Amends the Federal Deposit Insurance Act to empower the FDIC (acting as conservator) to avoid fraudulent conveyances by a debtor institution-affiliated party. Prohibits an insured depository institution which does not meet minimum Federal capitalization requirements from making golden parachute payments, covered benefit payments, or certain payments in anticipation of insolvency to an institution-affiliated party without prior written Federal agency approval. Cites conditions under which insured depository institutions may make golden parachute payments and covered benefits payments with FDIC approval. Amends the Federal criminal code to revise civil and criminal forfeiture guidelines for: (1) property affecting a financial institution; and (2) fraudulent offenses involving the sale of assets held by Federal banking regulatory agencies. Amends the Federal Deposit Insurance Act to prohibit certain convicted felony debtors whose default to an insured financial institution in receivership will cause substantial loss from acquiring any asset of the institution (except with respect to repayment). Title III: Improved Procedures for Handling Banking-Related Cases - Amends Federal criminal law to authorize wiretaps for bank fraud and related offenses. Amends the Federal Deposit Insurance Act to set forth reciprocal assistance guidelines for foreign investigations by Federal banking agencies and investigations on behalf of foreign banking authorities. Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) to extend to ten years (currently, five years) the statute of limitations for commencing a civil action for Federal bank law violations. Amends the Federal Deposit Insurance Act and the National Credit Union Act to grant the FDIC, the RTC, and the NCUA subpoena authority. Title IV: Structural Reforms to Improve the Federal Response to Crimes Affecting Financial Institutions - Establishes within the Office of the Deputy Attorney General in the Department of Justice a Financial Institutions Fraud Unit, headed by a Special Counsel who shall report directly to the Deputy Attorney General. Terminates such Office five years after enactment of this Act. Empowers the Special Counsel to investigate and prosecute criminal activity involving the financial services industry. Directs the Attorney General to establish: (1) financial institutions fraud task forces; and (2) a senior interagency group to assist in identifying the most significant financial institution fraud cases, to allocate investigative and prosecutorial resources, and to expedite interagency coordination and prosecution of financial institutions fraud. Amends Federal criminal law to authorize the Secret Service (under the direction of the Secretary of the Treasury) to detect and arrest persons who violate banking laws with respect to financial institutions and the Resolution Trust Corporation (RTC). Title V: Reporting Requirements - Directs the Attorney General to report quarterly to the Congress regarding financial institution crimes. Requires the Director of the Administrative Office of the United States Courts to present annual statistical tables to the Congress on the business imposed on the Federal courts by the savings and loan crisis. Title VI: National Commission on Financial Institution Reform, Recovery, and Enforcement - Establishes the National Commission on Financial Institution Reform, Recovery, and Enforcement to make investigations and recommendations regarding specified aspects of the savings and loan crisis. Requires the Commission to submit a final report to the President and the Congress within one year after enactment of this Act. Terminates the Commission 30 days after the submission of such final report. Authorizes appropriations. Title VII: Authorizations - Amends the FIRREA to authorize appropriations to the Attorney General and the Federal Court System for bank crime cases.
United States · United States Congress · 20 July 1990
Directs the Administrator of the Environmental Protection Agency to enter into an agreement with the National Academy of Sciences (NAS) for a study and report to the Congress on: (1) mechanisms for supporting training in the environmental sciences and environmental research through an umbrella research arm, the National Institutes of the Environment, considering research in a wide variety of disciplines; (2) the current state of extramural research support and undergraduate and graduate training relevant to tropical deforestation, species extinction, ecosystem degradation, biological restoration, use of underutilized resources and sustainable resource use, economic consequences of environmental change, and the impacts of humans and the environment on one another; and (3) mechanisms that can be used to advance environmental research and training, their relationship to existing research programs, and appropriate levels and resources of funding. Authorizes appropriations.
United States · United States Congress · 19 July 1990
State Thrift Deposit Insurance Premium Act of 1990 - Amends the Federal Deposit Insurance Act to direct the Federal Deposit Insurance Corporation to determine and apportion among the States the cumulative cost of Federal assistance provided to State-chartered savings associations for case resolutions. Declares as "high risk" any State whose share of State resolution costs exceeds twice its share of 1980 State deposits. Mandates that each high risk State pay to the Savings Association Insurance Fund prescribed premiums reflecting such risk. Sets forth insurance termination procedures if a State fails to pay the required premium. Requires depositor notification of such insurance termination.
United States · United States Congress · 18 July 1990
Airborne Drug Trafficking Deterrence Act - Sets forth the interdiction procedures to be followed by the commander of a drug interdiction aircraft when he or she reasonably believes that an aircraft is transporting illegal drugs into the United States. Requires such commander to notify higher authorities in the Coast Guard and then use all available means of communication to order the aircraft to land. Authorizes the firing of a warning signal across the nose of the intercepted aircraft after: (1) such aircraft has been observed dropping cargo which has been recovered, if it is feasible to do so, and found to contain a controlled substance; (2) such aircraft changes its course away from the continental United States and remains under constant surveillance; (3) continuing efforts to communicate with the aircraft prove futile and the commander reasonably believes that the aircraft recognizes the drug interdiction aircraft's identity, presence, and intent; and (4) use of the warning signal is approved in advance by higher authority. Authorizes the commander to shoot the aircraft down as a national security threat if: (1) at least two warning signals have been fired and it is reasonable to believe that they have been recognized and understood by the occupants of the intercepted aircraft; (2) the cargo has been recovered and identified as a controlled substance; (3) such aircraft fails to obey further communications; and (4) a higher authority has approved the use of force in advance. Directs the Coast Guard to coordinate such interdiction efforts with the Drug Enforcement Administration. Prohibits the use of warning signals or force: (1) over or within 12 miles of U.S. land area or in the airspace of a foreign country unless the foreign government authorizes the United States to use force; (2) if the commander reasonably believes that such signal or force would harm an innocent person; or (3) the intercepted aircraft is flying towards the United States. Requires that drug interdiction aircraft be equipped with a flashing blue light and such other identifying insignia as the Secretary of Transportation shall prescribe. Requires that National Search and Rescue procedures be used to recover downed occupants of an intercepted aircraft. Directs the Secretary to notify fliers of their obligation to communicate with and obey commanders of drug interdiction aircraft and the possible consequences of disobedience. Indemnifies commanders and their assistants for penalties or damages incurred from the use of force. Authorizes Department of Defense assistance to Coast Guard interdiction efforts. Directs the Secretaries of Transportation and Defense to jointly prescribe regulations by 1991 to implement the Coast Guard's duties under this Act.
United States · United States Congress · 17 July 1990
National Commission to Support Law Enforcement Act - Establishes the National Commission to Support Law Enforcement to study and recommend changes regarding law enforcement agencies and law enforcement issues on the Federal, State, and local levels.
![Official portrait of Rep. Paxon, Bill [R-NY-27]](https://www.congress.gov/img/member/p000148_200.jpg)