United States · United States Congress · 9 May 1990
Privatization of Art Act of 1990 - Amends the National Foundation on the Arts and the Humanities Act of 1965 to abolish the National Endowment for the Arts (NEA) and the National Council on the Arts (NCA). Provides for transfer of all NEA property to the National Endowment for the Humanities. Requires the Director of the Office of Management and Budget to provide for the termination of the affairs of NEA and NCA.
United States · United States Congress · 8 May 1990
Calls upon the Government of Burma (now known as Myanmar) to: (1) create the conditions necessary to ensure free and fair elections in Burma on May 27, 1990, by releasing persons imprisoned for the peaceful expression of their views, permitting all Burmese citizens committed to peaceful participation in the political process an opportunity to contest elections, lifting electoral campaign restrictions that provide the authorities with nearly unlimited power to limit debate, establishing an impartial election commission, and permitting access to Burma for international election observers; and (2) demonstrate a commitment to human rights by abandoning martial law restrictions on the right to a fair trial, ending rape, torture, extrajudicial executions, and forced porterage of civilians, and ordering investigations and pursuing prosecutions against those believed responsible. Calls upon: (1) the international community to withhold foreign assistance from, and to end all military cooperation (including arms sales) with, such Government; and (2) the President to discourage other countries from providing such assistance and cooperation and to encourage international observation of the election process. Denounces the Burmese Government's practice of accommodation and cooperation with drug traffickers. Urges the President to: (1) pressure such Government to cease such cooperation and pursue more vigorous antinarcotics policies; (2) use his position to focus international scrutiny on Burma's antinarcotics record; and (3) refrain from expanding U.S. antinarcotics programs in Burma until the Burmese Government has demonstrated a willingness to respect the human rights of its citizens and a sincere interest in combatting narcotics.
United States · United States Congress · 3 May 1990
Expresses the sense of the House of Representatives that the United States should: (1) support efforts at democratization in the Yugoslav Republics and encourage the Central Government to work with and respect such efforts; and (2) take into consideration the actions of the Central Government which hinder or help democratization and free market reforms when making decisions on granting assistance under the SEED I or SEED II Act to Yugoslavia.
United States · United States Congress · 3 May 1990
Expresses the sense of the House of Representatives that the United States should: (1) review its foreign policy towards the republics of Yugoslavia in view of recent democratic reforms and the expansion of political and economic freedom in the Republics of Croatia and Slovenia; (2) continue its policy of support for the peaceful movement of Eastern European countries toward respect for human rights and greater political and economic freedom; (3) recognize in its foreign policy the movement toward democratization by the republics and the lack of movement by the central Yugoslavian Communist Government; and (4) articulate a new policy toward such Government and the six Yugoslav Republics that is consistent with democratic self-determination and respect for human rights.
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
Subjects to execution persons who, within the District of Columbia: (1) commit first degree murder; (2) murder a law enforcement officer while such officer is engaged in official duties or because of the status of an individual as an officer; or (3) engage in conduct during the course of a continuing criminal enterprise and thereby knowingly cause an individual's death. Directs the Government to notify the defendant a reasonable amount of time before trial or the court's acceptance of a guilty plea of its intent to seek the death penalty. Requires that, once a guilty verdict is rendered, a separate sentencing hearing be held at which there must be a unanimous finding that, in addition to murder, specified aggravating factors, such as a previous murder conviction, commission of the murder for money, or torture of the victim, exist which outweigh specified mitigating factors and justify execution. Requires that the jury be notified that regardless of its findings it is never required to impose the death sentence and that it may not consider the race, color, religious beliefs, national origin or sex of the defendant or victim in passing sentence. Prohibits the execution of minors, the mentally retarded, or certain mentally disabled individuals. Authorizes a sentence of life imprisonment without parole for a capital crime. Sets forth death sentence appeal rights. Affords indigent defendants charged with a capital crime the benefit of an experienced criminal attorney until the execution of judgment. Prohibits correctional employees from being forced to participate in an execution that is against their moral or religious convictions.
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
Program for Greater Stability and Support (PROGRESS) for Eastern Europe Act of 1990 - Sets forth policies on the provision of trade benefits and other assistance to eligible Eastern European countries, including prohibitions on assistance to Communist party organizations and Warsaw Pact defense and security forces. Defines an eligible Eastern European country as Poland, Hungary, Czechoslovakia, and any other Eastern European country (including Yugoslavia) that is taking steps toward: (1) political pluralism; (2) economic reform and a market economy; (3) respect for human rights; and (4) building a friendly relationship with the United States. Declares that the United States, in providing such assistance, should: (1) avoid equating the amount of funds used for assistance with success; (2) encourage and facilitate technical advice on establishing free market economies; and (3) encourage cultural and educational exchanges between U.S. and Eastern European nongovernmental organizations that are committed to democracy and free market economies. States that the President should consider property rights, business regulations, the informal sector, wage and price controls, taxation, trade policy, restrictions on investment and capital flows, the size of the state sector, and the banking sector, in determining whether such assistance should be provided. Declares that the United States should encourage U.S. companies to bid on contracts to improve Eastern Europe's infrastructure and assist companies in applying for such contracts. Amends the Internal Revenue Code to include eligible Eastern European countries within the definition of a beneficiary country for purposes of permitting tax deductions for conventions held in such countries. Increases the tax exclusion for income earned in eligible Eastern European countries. Grants duty-free treatment of products of eligible Eastern European countries that are entered, or withdrawn from warehouse for consumption, in U.S. customs territory. Makes such treatment inapplicable to any country engaging in unfair trade practices against the United States. Amends the Support for East European Democracy (SEED) Act of 1989 to make eligible Eastern European countries eligible for Export-Import Bank programs. Amends the Foreign Assistance Act of 1961 to provide that Overseas Private Investment Corporation programs shall not be prohibited in eligible Eastern European countries. Amends the SEED Act of 1989 to redesignate the SEED Information Center System as the Eastern European Business Information Center System, a central clearinghouse and data resource service for U.S. and Eastern European businesses. Requires information to be made available to local enterprises in Eastern Europe seeking trade or investment with the United States through trade information centers. Authorizes appropriations. Sets forth a matching requirement for U.S. businesses receiving such funding. Authorizes the President to provide assistance to U.S. financial institutions to assist them in capitalizing branches in eligible Eastern European countries. Limits the amount of such assistance and sets forth a matching requirement. Authorizes appropriations. Requires the Director of the U.S. Information Agency to establish a Program for East European Political Education. Provides that such Program shall provide training and experience for young Eastern European leaders with the Congress, in U.S. political campaigns, and with U.S. media and businesses, by awarding Congressional Gift of Democracy Fellowships. Sets forth a matching requirement for nongovernmental organizations chosen to award such fellowships. Limits fellowships to a four-month period. Authorizes appropriations. Directs the Administrator of the Small Business Administration to develop a management training program for business people and government officials from eligible Eastern European countries. Makes Small Business Development Center Program and Senior Corps of Retired Executives funds available to carry out this program.
United States · United States Congress · 19 April 1990
Expresses the sense of the Congress that: (1) Strategic Defense Initiative (SDI) funds are for the development of a ballistic missile system to protect people and allies of the United States and not merely for research; and (2) the President should deploy the SDI Phase I as soon as the technology becomes available.
United States · United States Congress · 18 April 1990
Hydrogen Research and Development Act - Title I: Hydrogen Production and Use - Directs the Secretary of Energy to submit to specified congressional committees a comprehensive five-year management plan for a research and development program designed to permit the development of a domestic hydrogen fuel production capability within the shortest time practicable. Requires the Secretary to send the Congress annual plan descriptions and modifications. Directs the Secretary to establish within the Department of Energy a program consistent with the plan. Lists research areas and priority criteria. Directs the Secretary to conduct demonstrations to evaluate technical and nontechnical parameters to determine commercial applicability of hydrogen technology and to prepare a comprehensive large-scale hydrogen demonstration plan. Directs the Secretary, with the advice and help of industry, academic, and governmental interests, to implement a program in the interest of accelerating broader application of hydrogen technologies and of increasing the participation of private sector interests in near commercial applications. Lists the Secretary's duties in connection with the program. Establishes a Hydrogen Technical Advisory Panel as part of the Energy Research Advisory Board. Requires the Panel to report to the Board and terminates the Panel after such submittal. Authorizes appropriations. Title II: Hydrogen-Fueled Aircraft Research and Development - Directs the Administrator of the National Aeronautics and Space Administration (NASA) to prepare and submit to specified congressional committees a comprehensive five-year management plan for a research and development program for a domestic hydrogen-fueled aircraft capability within the shortest time practicable. Mandates that such plan include activities of the National Aero-Space Plane Program. Requires the Administrator to: (1) transmit to the Congress an annual plan description, including any necessary plan modifications; (2) establish such a program within NASA and incorporate within it the goals and activities of the National Aero-Space Plane Program; and (3) prepare and transmit to the Congress a comprehensive flight demonstration plan whose implementation will confirm the technical feasibility, economic viability, and safety of liquid hydrogen as a fuel for commercial transport aircraft. Prescribes required subjects of the research and development program. Establishes a Hydrogen-Fueled Aircraft Advisory Committee to advise the Administrator. Requires the Committee to report annually to the Administrator. Authorizes appropriations.
United States · United States Congress · 29 March 1990
Denies Environmental Protection Agency (EPA) benefits for ten years to any person: (1) convicted of violating a Federal environmental law; or (2) found to have held a beneficial business interest in a business concern required to be listed on a disclosure statement under this Act and convicted of violating a Federal environmental law. Prohibits the EPA Administrator from denying benefits to any person who demonstrates that he has been rehabilitated. Requires the following persons to file disclosure statements with the Administrator: (1) Federal environmental permit applicants; (2) applicants for EPA loans, grants, or other benefits; or (3) persons submitting contract bids or competitive proposals to EPA. Provides for enforcement of this Act through EPA examination of disclosure statements and access to business sites and records. Grants persons declared to be ineligible for EPA benefits the opportunity for a hearing. Provides for public access to disclosure statements and business records, with the exception of confidential information.
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 · 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.
United States · United States Congress · 12 March 1990
Expresses the sense of the Congress that: (1) all members of the armed forces who were engaged in combat in Panama are deserving of formal recognition; (2) all such members who are not eligible for the Combat Infantry Badge should receive a similar award, as should all members who perform such function in the future; and (3) the armed forces should base a decision on whether to award such recognition solely on the member's performance and not on the person's gender.
United States · United States Congress · 8 March 1990
Regulated Precursor Chemicals Act of 1990 - Amends the Controlled Substances Act to revise and expand the list of precursor chemicals, including transferring to such list hydriodic acid from the list of essential chemicals. Revises the definition of "regulated transaction" to include transfers of any amount of an essential listed precursor chemical, with exceptions. Requires each regulated person to report to the Attorney General on any regulated transaction involving any quantity of a listed essential chemical. Makes it unlawful for any person to engage in a regulated transaction involving a listed precursor chemical or any other conduct that defines such person as a regulated person for purposes of such Act without a license required under such Act. Requires the Attorney General to establish a program requiring licenses for regulated persons and regulated transactions involving listed precursor chemicals where such requirement will contribute to carrying out the purposes of such Act and to criminal drug law enforcement. Provides for fines and imprisonment of not more than four years for violations of the licensing requirement. Requires the Attorney General to provide for the audit and control of listed precursor chemical inventories of persons possessing a license under this Act. Directs the Attorney General to cooperate with State authorities by providing information regarding regulated transactions in such chemicals that might be useful in the administration of State laws relating to precursor chemicals, controlled substances, and other illegal drugs.
United States · United States Congress · 8 March 1990
ESOP Promotion and Improvement Act of 1990 - Amends the Internal Revenue Code to allow S corporations (certain small business corporations) to participate in employee stock ownership plans (ESOPs). Extends the ESOP exception to the ten percent early withdrawal penalty tax to certain ESOP distributions to employees made at any time. (Currently the exception applies only to distributions made before January 1, 1990.) Permits ESOP participants whose compensation does not exceed a certain amount to contribute up to 50 percent of it to the plan. Amends the Federal Election Campaign Act of 1971 to permit payroll deductions for ESOP participants to make certain political contributions.
United States · United States Congress · 6 March 1990
District of Columbia Retrocession Act of 1990 - Retrocedes the District of Columbia to Maryland after Maryland's acceptance of such retrocession. Maintains the exclusive legislative authority and control of the Congress over the National Capital Service Area in the District of Columbia.
United States · United States Congress · 6 March 1990
Expresses the sense of the House of Representatives that the proposed postal rate increase is unwarranted and that the U.S. Postal Service should reduce its deficit by cutting costs rather than by increasing postal rates.
United States · United States Congress · 28 February 1990
Amends the Internal Revenue Code to: (1) deny the charitable deduction for contributions to organizations that participate in voter registration drives; (2) deny the tax-exempt status of organizations that participate in such drives; and (3) establish an excise tax on nonpermitted participation by tax-exempt organizations in such drives.
United States · United States Congress · 22 February 1990
National Drug and Crime Emergency Act - Declares a National Drug and Crime Emergency for a five-year period, during which time it shall be U.S. policy that: (1) every person convicted in a Federal court of a crime of violence against a person or a drug trafficking felony (other than simple possession) shall serve no less than five years' imprisonment without release; (2) prisoners may be housed in tents and other temporary facilities; and (3) the Federal courts may limit the inmate population of a Federal or State prison or jail only when an inmate proves that crowding has resulted in cruel and unusual punishment and no other remedy exists. Title I: Elimination of Crime Without Punishment - Subtitle A: National Drug and Crime Emergency Policies - Amends the Federal criminal code to prohibit the Federal courts, during such emergency, from: (1) holding prison crowding unconstitutional under the Eighth Amendment except to the extent that an individual plaintiff inmate proves that the crowding causes the infliction of cruel and unusual punishment; and (2) placing an inmate ceiling on any Federal, State, or local detention facility as an equitable measure for conditions that violate the Eighth Amendment unless crowding itself is inflicting cruel and unusual punishment on individual prisoners. Requires that each Federal court order seeking to remedy an Eighth Amendment violation be reopened at the behest of a defendant for recommended alteration at a minimum of two-year intervals. Applies this title to all outstanding court orders on the date of enactment of this Act. Permits any State or municipality to seek modification of any outstanding Eighth Amendment decree pursuant to this Act. Directs the Attorney General to take steps, consistent with security considerations, to ensure that sufficient facilities exist to house individuals whom the courts have ordered incarcerated, including consideration of tent housing or other shelters placed on available military bases and at other locations. Authorizes the President to direct the National Guard and the Army Corps of Engineers to design and construct temporary detention facilities. Requires: (1) the Secretary of Defense, the Commission on Alternative Utilization of Military Facilities, and the Director of the Bureau of Prisons to identify suitable military installations and examine the feasibility of using tent housing; and (2) the Director to report to the Congress within 90 days. Amends the Defense Authorization Amendments and Base Closure and Realignment Act to require the Secretary to notify the Attorney General and the Governor of each of the U.S. territories and possessions (currently, all departments and instrumentalities within the Department of Defense (DOD)) of the availability of any real property or facility located at a military installation to be closed. Authorizes the transfer of such property to the Attorney General, a State, territory, or possession, or the District of Columbia for use as a correctional institution. Requires the Director to: (1) review current construction standards and methods used in building Federal prisons; (2) examine and recommend cost cutting measures that could be employed in prison construction; and (3) submit the results to the Congress. Authorizes the Attorney General to contract for private construction and operation of Federal prisons. Requires the use of creative and cost-effective private financing alternatives and private prison construction and operation where possible. Specifies that operating costs of privately-operated prisons shall be covered through rent charged to Government units placing inmates in prisons. Requires the Administrator of the General Services Administration to identify at least 20 parcels of surplus Federal property which the Attorney General has certified are not needed for Federal correctional facilities but which may be suitable for State or local correctional facilities. Makes property determined to be in excess of Federal needs that may be suitable for use as correctional facilities available during such Emergency to the Attorney General, or secondarily, to a State, the District of Columbia, or a local government. Permits State and local governments to use Federal temporary incarceration facilities, when they are not needed to accommodate Federal prisoners, for incarcerating prisoners at a per diem fee payable to the Bureau of Prisons. Requires every person who, during the Emergency, is convicted in Federal court of committing a crime of violence against a person or a drug trafficking crime (other than simple possession), to be sentenced to and serve no less than five years' imprisonment. Prohibits any such person from being released from custody for any reason prior to completion of the sentence unless the sentence imposed is greater than five years and is not a mandatory minimum sentence without release. Subtitle B: Imposition of Mandatory Minimum Sentences Without Release - Amends the Federal criminal code to establish the following penalties for offenses committed during and in relation to any crime of violence or drug trafficking crime, in addition to the punishment provided for such crime. Provides that whoever: (1) possesses a firearm shall be sentenced to imprisonment for ten years without release; (2) discharges a firearm with intent to injure another person shall be sentenced to imprisonment for 20 years without release; or (3) possesses a firearm that is a machinegun or is equipped with a firearm silencer or muffler shall be sentenced to imprisonment for 30 years without release. Sets penalties for second, third, and subsequent convictions. Prohibits the release of any person convicted for any reason during a term of imprisonment imposed under this subtitle. Amends the Controlled Substances Act (CSA) to: (1) mandate life imprisonment without release for individuals convicted after two or more felony drug offenses or for a crime of violence; (2) increase the sentences for distributing illegal drugs to persons under age 21 and for employing persons under 18 years of age in drug operations to up to ten years without release for a first offense and up to 20 years without release for a second offense. Prohibits the court from placing such persons on probation or suspending the sentence. Prohibits their release during the term of the sentence. Increases prison sentences for trafficking in marihuana and specified categories of controlled substances. Establishes mandatory sentences, in addition to any other sentence imposed for the underlying possession or distribution, of: (1) one year imprisonment without release in a case involving possession of a controlled substance within a Federal prison or other Federal detention facility; and (2) ten years without release in a case involving the smuggling of a controlled substance within such prison or facility. Prohibits the court from placing such individuals on probation or suspending the sentence. Prohibits such person from being eligible for parole during such term of imprisonment. Amends the Immigration and Nationality Act to: (1) require the deportation of aliens convicted of drug trafficking crimes or crimes of violence; and (2) increase the penalty (currently, 15 years for individuals whose deportation was subsequent to certain felony convictions) to 20 years without release, and to life imprisonment without release for a second violation, without probation, suspension of sentence, or early release, for reentry of a deported alien whose deportation was subsequent to a conviction for a drug trafficking crime or crime of violence. Grants priority for Federal drug law enforcement assistance funds from Bureau of Justice Assistance (BJA) Grant Programs to States having laws providing for mandatory minimum sentences, elimination of early release, and payment of trial costs and mandatory fines by individuals convicted of specified controlled substance violations. Revises the formula for determining the amount distributed from the Drug Control and System Improvement Grant Program. Subtitle C: Mandatory Work Requirements for Prisoners, Withholding Federal Benefits, and Drug Testing of Prisoners - Expresses Federal policy that: (1) prisoners shall work absent medical certification of 100 percent disability, security considerations, or disciplinary action; and (2) States and local governments have the same authority to require all convicted prisoners to work. Provides for the deposit in a separate fund in the Treasury of funds generated from prison labor for prison construction and operating expenses or payment of judgments. Specifies that prisoners shall be paid a share of funds generated by their labor. Repeals provisions establishing penalties for transportation or importation of prison-made goods. Authorizes the Federal Prison Industries to sell such goods to the public. Amends the Walsh-Healy Act to permit convict labor under specified conditions. Requires the Attorney General to submit to the Congress a report making recommendations for legislation to: (1) ensure that businesses and labor do not suffer unfair consequences from such repeal; and (2) encourage greater private sector participation in prison industries. Authorizes the Attorney General to enter into contracts with private businesses for the use of inmate skills that may be of commercial use to such businesses. Sets forth provisions with respect to security requirements involved in the use of convict labor. Provides for the withholding of prisoners' Federal benefits to offset incarceration costs. Directs the Attorney General to establish a program of drug testing of targeted classes of arrestees, prisoners, and persons on release. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to bar Federal funding under the drug control and system improvement grant program for States failing to have an analogous State program. Subtitle D: Judicial Reform to Protect the Innocent and Punish the Guilty - Specifies that: (1) evidence obtained as a result of a search or seizure shall not be excluded in any Federal court proceeding on the ground that the search or seizure was in violation of the Fourth Amendment, if the search or seizure was carried out in circumstances justifying an objectively reasonable belief that it was in conformity with the Fourth Amendment; and (2) the fact that evidence was obtained pursuant to and within the scope of a warrant constitutes prima facie evidence of the existence of such circumstances. Prohibits the exclusion of evidence in any Federal court proceeding on the ground that it was obtained in violation of a statute, administrative rule or regulation, or rule of procedure unless exclusion is expressly authorized by statute or by Supreme Court rule. Amends the Federal judicial code to condition consideration of a habeas corpus claim by a State prisoner on a showing of actual prejudice resulting from the denial of a Federal right, and that: (1) State action precluded assertion of the right; (2) the Federal right asserted was newly recognized; or (3) the factual basis of the claim could not have been discovered through the exercise of reasonable diligence prior to the procedural default. 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. Amends the CSA to require: (1) the court, prior to sentencing on a conviction in a Federal court of a felony under such Act, to compile a list of assets owned by the defendant not subject to forfeiture; and (2) upon request of the Attorney General, the court to direct the defendant to provide proof that any asset owned by the defendant not on such list was legally obtained. Authorizes the Attorney General to seize assets that the defendant does not prove were legally obtained. Requires the proceeds from such assets to be deposited in the Department of Justice Assets Forfeiture Fund and to be available for transfer to the building and facilities account of the Federal prison system. Sets forth provisions regarding the term of appointment, authority, and jurisdiction of special masters. Requires the Administrative Office of the United States Courts to publish annually a report on the sentencing patterns of Federal judges. Title II: Achieving a Drug-Free America by 1995 - Requires individuals convicted of a CSA violation of possession of a controlled substance to pay to the Treasury the cost of the trial or, where defendant has insufficient income and property, an appropriate amount as determined by the court. Limits such payment to 25 percent of such person's annual income. Provides for mandatory fines of at least ten percent of income for a first offense and 25 percent for subsequent offenses. Subjects such person's property to forfeiture where there is insufficient income to pay such fines. Amends the Anti-Drug Abuse Act of 1988 to eliminate the judge's discretion in making individuals convicted of State offenses for the distribution of controlled substances ineligible for unearned Federal benefits, with exceptions for persons who: (1) declare and show by clear and convincing (currently, a reasonable body of) evidence that they are addicts and submit to long-term treatment; or (2) are determined to be rehabilitated. Makes similar changes with respect to individuals convicted of Federal or State drug possession offenses. Authorizes the court to reduce the period of ineligibility for such benefits to three months if the individual: (1) successfully completes a supervised drug rehabilitation program which includes periodic, random drug testing; or (2) completes a period of community service and passes such testing. Grants priority for Federal drug law enforcement assistance funds from BJA Grant Programs to States having laws providing for revocation of drivers' licenses for individuals convicted of specified controlled substances violations. Revises the formula for determining the amount distributed from the Drug Control and System Improvement Grant Program to reduce allocations to States which do not have such laws. Sets forth conditions for reinstatement. Requires the Secretary of Transportation to cause the Federal Aviation Administration to amend its regulations to revoke pilots' licenses for such violations. Amends the Public Health Service Act to make a State's receipt of Federal drug abuse allotments contingent upon the State submitting: (1) Statewide Drug Treatment Plan annually that meets certain specifications; and (2) periodic progress reports. Amends the Higher Education Act of 1965 to bar institutions of higher education from eligibility for Federal assistance unless they certify that they have adopted and implemented an alcohol and drug abuse prevention program for students and employees meeting specified requirements. Amends the Drug-Free Schools and Communities Act of 1986 to bar local educational agencies from eligibility for Federal assistance unless they make a similar certification. Transportation Employee Testing Act - Amends the Federal Aviation Act of 1958 to require the Administrator of the Federal Aviation Administration to: (1) establish a program requiring foreign and domestic air carriers to conduct preemployment, reasonable suspicion, random, and post-accident testing for illegal drug and alcohol use of air carrier personnel responsible for safety-sensitive functions and providing for periodic recurring testing of such employees; and (2) require the suspension or revocation of any certification issued to such person, or disqualification or dismissal, where such illegal drug or alcohol use has been confirmed. Bars air carrier personnel responsible for safety-sensitive functions from serving in such positions without having completed a rehabilitation program. Requires the Administrator to prescribe regulations for such programs which: (1) provide for the identification and opportunity for treatment of employees needing assistance; (2) specify the circumstances under which such employees shall be required to participate; (3) promote individual privacy in the collection of specimen samples; and (4) with respect to laboratories and testing procedures, incorporate Department of Health and Human Services scientific and technical guidelines intended to assure accuracy, confidentiality, and nondiscriminatory methods. Directs the Secretary of State and the Secretary of Transportation to jointly call upon member countries of the International Civil Aviation Organization to strengthen and enforce existing standards to prohibit illegal drug and alcohol use by crewmembers in international civil aviation. Amends the Federal Railroad Safety Act of 1970, the Commercial Motor Vehicle Safety Act (CMVSA), and the Urban Mass Transportation Act of 1964 to establish programs similar to the Federal Aviation Act program for drug and alcohol testing. Provides for a pilot program, under the CMVSA, for the random testing of commercial motor vehicle operators and requires the Secretary to report on the results to the Congress. Makes funds from the Surface Transportation Assistance Act of 1982 available for the CMVSA program. Requires the Secretary to determine appropriate sanctions for mass transportation vehicle operators who are determined to have used alcohol or controlled substances in violation of law or Federal regulation but who are not under the influence of such substances. Amends the Federal judicial code to provide for the payment of awards to persons providing information leading to the arrest and conviction of individuals for the unlawful sale, or possession for sale, of a controlled substance or controlled substance analogue. Title III: Authorization of Appropriations - Authorizes appropriations to carry out this Act.
United States · United States Congress · 22 February 1990
Benjamin Franklin Memorial Fire Service Bill of Rights Act - Title I: Minting of Benjamin Franklin National Memorial Commemorative Coin - Benjamin Franklin National Memorial Commemorative Coin Act - Provides for the sale of Benjamin Franklin commemorative coins at a surcharge of which 25 percent shall be paid to the Benjamin Franklin National Memorial and the remainder be distributed in specified percentages to the National Fire Center and Museum Account, the National Hero Scholarship Account, the Firefighter Tuition Assistance Account, the Hazardous Materials Response Computer Account, the Research and Education Account, and the Burn Research Grant Account of the Firefighter Assistance Trust Fund (Fund). Prohibits the issuance of such coins from resulting in any net cost to the Federal government. Title II: Fire Service Bill of Rights - Fire Service Bill of Rights Act - Amends the Federal Fire Prevention and Control Act of 1974 to establish a fire service bill of rights. Establishes the National Fire Center and Museum in the District of Columbia to provide information about the fire service and safety to the public and fire services. Establishes a National Hero Scholarship to fund the higher education of a child, spouse, or dependent parent of a deceased firefighter. Establishes a scholarship providing tuition assistance to firefighters for higher education in fire safety or protection. Authorizes the Administrator of the United States Fire Administration to use amounts in the Research and Education Account of the Fund to fund other specified programs under the Fire Prevention and Control Act of 1974 and the provision of information concerning surplus Federal property and infectious diseases pursuant to this Act. Establishes the Firefighter Assistance Trust Fund. Places the National Academy for Fire Prevention and Control within the United States Fire Administration. Directs the Administrator to provide States with funds from the Hazardous Materials Response Computer Account of the fund for distribution to local fire services that wish to purchase computer equipment. Directs the Administrator to make a grant from the Burn Research Grant Account of the Fund to one national firefighter's burn foundation dedicated to reducing burn injuries. Requires the Administrator to prepare and make available to fire services, upon request, a manual describing Federal procedures for disposing of surplus property and highlighting how fire services could obtain such property. Directs the Administrator to distribute to such marshals information on the infectious diseases to which firefighters are particularly vulnerable. Permits the Administrator, in certain circumstances, to award to a domestic firm a contract that, under the use of competitive procedures, would be awarded to a foreign firm.
United States · United States Congress · 21 February 1990
Requires the President, with respect to each year after 1989, to determine whether: (1) there was a reduction in the quantity of illicit coca produced or in illicit coca activities in Bolivia, Colombia, and Peru; and (2) any reduction is attributable to the implementation of social or economic alternatives in such countries. Authorizes the President, if an affirmative determination with respect to such a country is made, to apply special trade treatment to articles that: (1) are products of such country; and (2) are entered or withdrawn from warehouse for consumption in U.S. customs territory in the year following the year such determination was made. Prohibits such special treatment if specified actions under the Narcotics Control Trade Act are in effect with respect to such country. Authorizes the President to provide economic assistance to Bolivia, Colombia, and Peru to promote the production, processing, or marketing of agricultural commodity exports, excluding commodities from which narcotic and psychotropic drugs are derived. Waives provisions of the Foreign Operations, Export Financing, and Related Programs Appropriations Act that prohibit economic assistance for the growth or production in a foreign country of commodities which would compete with similar U.S. commodities with respect to such assistance.
United States · United States Congress · 7 February 1990
Makes farm operators with gross incomes or farm entities with gross receipts exceeding specified amounts ineligible for agricultural payments (except disaster assistance) under the Agricultural Act of 1949.
United States · United States Congress · 7 February 1990
Savings and Economic Growth Act of 1990 - Title I: Capital Gains Provisions - Subtitle A: Reduction in Capital Gains Tax - Amends the Internal Revenue Code to reduce the capital gains rate for noncorporate taxpayers through a deduction of: (1) 30 percent for assets held at least three years; (2) 20 percent for assets held at least two years; and (3) ten percent for assets held at least one year. Provides for the treatment of collectibles as short-term gains or losses (making them ineligible for such deduction). Disallows the capital gains deduction in computing the alternative minimum tax. Subtitle B: Depreciation Recapture - Provides for the treatment of gain from the disposition of certain depreciable realty as ordinary income. Title II: Home Ownership and Savings Incentives - Allows an exemption from the ten-percent additional tax on early distributions from qualified retirement plans up to $10,000, if the distribution is used to make a first-home purchase at a cost of no more than 110 percent of the median home price in the geographic area where the residence is located. Allows an individual (other than a dependent) to establish a family savings account for the exclusive benefit of an individual and the individual's beneficiaries. Limits contributions to such accounts to $2,500 for the taxable year, if the individual's adjusted income does not exceed $60,000 ($120,000 in the case of joint returns). Subjects the family savings account to the tax imposed on unrelated business income of tax-exempt organizations. Provides that distributions paid out of such accounts shall not be included in gross income, except for earnings on contributions held less than seven years. Establishes a ten-percent additional tax on earnings on contributions held less than three years.
United States · United States Congress · 6 February 1990
Federal Victim's Service and Protection Act of 1990 - Title I: Federal Victim's Services and Protections Compliance - Directs the Attorney General to: (1) establish an evaluation system for law enforcement officers which rates such officers on their compliance with specified laws protecting victims of crimes; and (2) use such evaluation system to create standards governing services to victims and witnesses in Federal cases and to serve as a model to States and localities. Requires the Office for Victims of Crime to report periodically to the public, the Congress, and the President on victim protections and on compliance with this Act. Title II: The Federal Child Victim's Bill of Rights - Amends the Federal criminal code to require the court, at the earliest possible stage, to determine whether the appointment of a guardian ad litem for a child who is an alleged victim or witness in a criminal proceeding would be in the best interests of the child and if so, to appoint such guardian. Sets forth provisions with respect to the qualifications, duties and powers, and immunity of such guardian. Grants a child testifying at a criminal proceeding the right to be accompanied by an adult. Authorizes the court to order that a child's testimony be taken by closed-circuit television (TV) if it finds that the child is unable to testify in open court because of: (1) the child's persistent refusal to testify despite judicial requests to do so; (2) the child's total inability to communicate about the offense because of extreme fear, failure of memory, or other similar reasons; or (3) the substantial likelihood that the child will suffer substantial emotional trauma from so testifying. Specifies that the prosecuting attorney and the defense attorney shall be present in the room with the child and the child shall be subject to direct and cross-examination. Requires that: (1) the child's testimony be transmitted by closed-circuit TV into the courtroom; (2) the defendant be provided with the means of private, contemporaneous communication with his attorney during the testimony; and (3) the closed-circuit TV transmission relay the defendant's image into the room in which the child is testifying, and the child's testimony into the room in which the defendant is viewing the proceeding. Sets forth provisions with respect to videotaped depositions of child victims and child witnesses. Authorizes the court to permit the child to use anatomical dolls, puppets, drawings, or any other demonstrative device it deems appropriate to assist a child in testifying. Sets forth requirements with respect to competency examinations for child witnesses. Prohibits: (1) the release to the public of the name, or other identifying information about the child victim or child witness except as authorized by the court; and (2) the name and any identifying information from appearing in any public record. Grants the child victim or witness the same right to submit victim impact statements prior to sentencing as prescribed for an adult victim. Directs that child victims or witnesses be assisted by their court appointed guardian ad litem in preparing victim impact statements. Authorizes the court, in any proceeding where a child is called to give testimony, to designate the case as being of special public importance and to expedite the action. Requires the court to ensure a speedy trial and, in deciding whether or not to grant a continuance, to take into account the child's age and the potential adverse impact the delay may have on the child's well-being. Creates a hearsay exception for an out-of-court statement related to sexual abuse, physical abuse, or sexual exploitation of that or another child if the court finds that: (1) the statement possesses particularized guarantees of trustworthiness; (2) the proponent of the statement has given sufficient notice to adverse parties of the intent to introduce the statement; and (3) there is corroborative evidence of the statement or the truth of the statement. Encourages the use of multidisciplinary teams designed to assist child victims or child witnesses. Delineates the role of such teams. Specifies that there shall be no statute of limitations for the prosecution of any child physical abuse, sexual abuse, or sexual exploitation offense. Requires physicians, social workers, teachers, and specified other individuals who, while involved in any such capacities on Federal land or in a federally operated (or contracted) facility, have reason to suspect that a child is an abused or neglected child to immediately report to the appropriate authorities. Grants civil and criminal immunity to individuals who, acting in good faith, make such a report or otherwise provide information or assistance with a report investigation, or legal intervention. Makes failure to report a misdemeanor. Makes spousal privileges and the privileged nature of any communications between physician (or psychotherapist, psychologist, social worker, and any other health care provider) and patient inapplicable in any criminal proceeding after a report of child abuse, neglect, or sexual exploitation. Title III: Child Care Worker Employee Background Check - Requires: (1) each Federal agency and facility that hires, or contracts for hire, individuals involved with the provision of services to children under age 18 to assure that all existing and newly-hired employees undergo a criminal history background check; and (2) all existing staff to receive such checks within six months and prohibits the hiring of additional staff without a check having been initiated. Sets forth procedures with respect to the conduct of such background checks. Specifies that: (1) any conviction for a sex crime, an offense involving a child victim, or a drug offense shall be grounds for denying employment or for dismissal of an employee engaged in specified child care services; (2) an incident in which an individual has been charged, but where the charge has not yet been disposed of, shall permit the employee's suspension from any job-related contact with children until the case is resolved; and (3) convictions of other crimes may be considered if they bear on an individual's fitness to have responsibility for the safety and well-being of children. Sets forth requirements with respect to questions to be asked in employment applications, criminal history records checks, and access to (and the right to challenge the accuracy of) the criminal history report.
United States · United States Congress · 6 February 1990
Expresses the sense of the Congress that: (1) the right of self-determination should be restored to the people of Lithuania through free and fair elections conducted under the auspices of an international commission; and (2) the withdrawal of all non-Lithuanian military forces and political, administrative, and police personnel from Lithuania prior to the February 24, 1990, scheduled elections will enhance the prospects that the elections will be free and fair.
United States · United States Congress · 30 January 1990
Provides for all Federal civilian and military retirees to receive the full cost-of-living adjustment in annuities payable under Federal retirement systems for FY 1991. (Includes benefits payable under the Civil Service Retirement and Disability System, military retirement and survivor benefit programs, the Foreign Service Retirement and Disability System, the Central Intelligence Agency Retirement and Disability System, and railroad retirement programs.)
United States · United States Congress · 21 November 1989
Amends Federal law to authorize and request the President to designate May as Asian/Pacific American Heritage Month annually, beginning in 1990. (Current law designates a seven-day period beginning on May 4, 1979).
United States · United States Congress · 21 November 1989
Rehabilitation Act Drug Abuse Accountability Amendments of 1989 - Amends the Rehabilitation Act of 1973 (the Act), with respect to nondiscrimination in employment under Federal contracts or in federally assisted programs, to exclude from the definition of "individual with handicaps": (1) (except in drug treatment programs) any current user of an illegal drug, when the discriminatory conduct involved is carried out against the individual on the basis of such use; (2) any alcoholic or user of a legal drug whose current use of alcohol or legal drugs either constitutes a direct threat to property or the safety of others or prevents the individual from meeting performance standards or eligibility requirements; (3) students who currently use or possess alcohol or any illegal drug (thus permitting local educational agencies to take disciplinary actions); and (4) any individual with a currently contagious disease or infection which either constitutes a direct threat to the health or safety of others or prevents the individual from meeting performance standards or eligibility requirements.
United States · United States Congress · 19 November 1989
Amends the Internal Revenue Code to provide for the treatment of rental and nonrental real estate activities under the limitations on losses from passive activities.
![Official portrait of Rep. Rohrabacher, Dana [R-CA-48]](https://www.congress.gov/img/member/r000409_200.jpg)