United States · United States Congress · 23 October 1990
Designates the room numbered H-235 in the House of Representatives wing of the Capitol as the Lindy Claiborne Boggs Congressional Women's Reading Room.
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 · 16 October 1990
Salutes and congratulates the people of Poland as they commemorate the 200th anniversary of the adoption of the Polish Constitution on May 3, 1991. Directs the Library of Congress to commemorate the anniversary with appropriate ceremonies.
United States · United States Congress · 11 October 1990
Expresses the sense of the Congress that the President and Secretary of State should personally intervene with the Soviet President and Foreign Minister to secure permission for Anatoly Genis to emigrate from the Soviet Union without further delay to reunite with his family.
United States · United States Congress · 10 October 1990
Urban Schools of America (USA) Act of 1990 - Title I: Urban School Improvement - Directs the Secretary of Education (the Secretary) to reserve specified funds for: (1) national activities to evaluate urban school improvement programs; and (2) competitive grant awards to exemplary school programs. Directs the Secretary to allot, from remaining amounts, to each eligible local educational agency (LEA) with an approved application an amount based on relative numbers of students enrolled in the LEA's jurisdiction. Makes an LEA eligible if it: (1) serves the largest city in a State; or (2) enrolls 30,000 or more students as of October 1, 1987, and serves a city with a population of at least 200,000 in a metropolitan statistical area. Requires LEAs to use such funds to: (1) increase the academic achievement of urban school children to at least the national average; (2) prepare all urban children for school; (3) increase the graduation rates of urban students to at least the national average; (4) prepare urban school graduates to enter higher education, pursue careers, and exercise their responsibilities as citizens; (5) recruit and retain qualified teachers; and (6) decrease the use of drugs and alcohol by urban students, enhancing their physical and emotional health. Sets forth program requirements: (1) in general, for initial grants, renewal grants, and renewal of school participation; (2) for achievement, including demonstration of improvement; and (3) data collection. Authorizes the Secretary to reserve funds for competitive awards to schools participating in projects assisted under this title that demonstrate exemplary progress in meeting program requirements. Directs the Secretary, by January 1, 1991, to report on the effects of Federal and State education regulations on urban public schools. Requires LEAs desiring to receive a grant under this Act to establish a local advisory group to: (1) design and conduct a needs assessment for participating schools; (2) assist in planning for community-wide collaboration in service delivery for youths in participating schools; (3) advise the LEA and the community on how they can work together to use multiple service providers; and (4) monitor program implementation and oversee program evaluation. Allows use of a comparable existing local advisory group to comply with such requirement. Sets forth special rules relating to ranking of schools to determine relative needs, in general, on the basis of achievement, poverty, and number of minority students. Requires each LEA receiving a grant to serve between ten and 20 percent of its schools. Requires eligible LEAs to have flexibility to serve homeless children, desegrating students, immigrants, migrants, or other highly mobile populations, even if they do not attend a project school. Deems certain approved programs under the Elementary and Secondary Education Act of 1965 for education of disadvantaged children to be sufficient to meet plan and criteria requirements of this Act. Authorizes appropriations. Title II: Repair and Renovation of Urban School Buildings - Authorizes the Secretary to make three-year grants to eligible LEAs for: (1) repair and renovation of school buildings; and (2) improvements related to environmental concerns and safety. Directs the Secretary to allocate funds for both such types of grants on the basis of the number of: (1) children from families below the poverty line; (2) school buildings used for instructional purposes; and (3) school buildings more than 25 years old used for instructional purposes. Requires annual grant review by the Secretary. Authorizes appropriations. Title III: Urban School Research - Directs the Secretary to reserve specified funds for the National Urban Research Center established under this title. Allows programs and projects assisted under this title to include: (1) collaborative and coordinated research and evaluation of educational techniques or approaches in multiple cities served by eligible LEAs; (2) evaluation of projects assisted under title I; (3) dissemination of information on successful projects and approaches under title I; (4) design and implementation of programs for LEA provision of technical assistance to individual schools and teachers involved in title I projects; (5) data and information management services for schools participating in a title I program; (6) staff training in such schools; and (7) evaluation of progress in meeting national educational goals by LEAs receiving assistance under this Act. Directs the Secretary to establish and operate a National Urban Research Center to: (1) evaluate, monitor, and disseminate activities assisted under this title; (2) conduct independent research in urban education; and (3) serve as a clearinghouse on urban education research fundings, policies, and practices. Authorizes appropriations. Title IV: Equalization of State Spending for Public Education - Requires any State, after January 1, 1996, in order to receive Federal assistance to support its public schools under any program administered by the Secretary: (1) to certify that the Secretary has reviewed and determined that the State's method of financing its public elementary and secondary schools is equitable; or, in the alternative, (2) to have in operation a State equalization plan that meets specified requirements. Requires such State equalization plans to: (1) be submitted within one year after the State receives notice that its public school financing method is inequitable; (2) describe how the State will equalize such method within five years; and (3) be approved by the Secretary. Directs the Secretary annually to: (1) review each State's public school financing method; and (2) certify each State determined to have an equitable method. Sets forth review standards, requiring consideration of: (1) relative numbers of children from families dependent on public assistance or with below poverty level income, with limited English proficiency, and with disabilities; (2) the municipal overburden of the residents of the eligible city in relation to the statewide average burden; and (3) the amount of taxes paid by residents within the LEA to support schools relative to their capacity to pay such taxes, as compared to the statewide average. Mandates that Federal funds prohibited to a noncomplying State be distributed to LEAs within that State on a basis determined to carry out the purposes for which they were made available and to meet the equalized spending standards. Title V: General Provisions - Establishes the Interagency Council on Urban Schools to: (1) review Federal programs to determine effects on urban schools' ability to meet national education goals; (2) track school progress toward such goals; (3) solicit advice and information for urban education experts and urban school representatives on improvement of Federal programs; (4) review Federal regulations for duplication or contradiction; (5) report annually to the Congress and the President on urban school progress; (6) review and recommend improvement or streamlining of Federal data collection in urban schools; and (7) conduct research to help urban school practitioners improve school performance. Directs the President to conduct a White House Conference on Urban Education before October 30, 1992. Requires the Conference to advise on development of: (1) recommendations and strategies for improving urban education; (2) methods for combining forces of the private sector, governmental agencies at all levels, parents, teachers, communities, and education officials to assist urban schools in meeting national goals; and (3) a permanent national advisory commission on urban education. Requires a report to the President. Authorizes appropriations. Establishes a National Commission on Urban Education as an independent agency within the executive branch. Directs the Commission to: (1) study specified issues relating to urban schools; and (2) report, and recommend changes in Federal legislation, to the President and appropriate congressional committees. Terminates the Commission three years after its first meeting. Authorizes appropriations. Requires eligible LEAs to use Federal funds received under this Act only to supplement but not supplant non-Federal funds.
United States · United States Congress · 10 October 1990
Expresses the sense of the Congress that: (1) the crisis created by Iraq's invasion and occupation of Kuwait must be addressed and resolved separately from other conflicts in the region; and (2) the President should continue to thwart any effort to link such crisis with the Arab-Israeli conflict.
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
Aviation Security Improvement Act of 1990 - Title I: Aviation Security - Amends Federal law to establish an Assistant Secretary for Transportation Security and Intelligence for the development of transportation security. Requires the Secretary of Transportation (Secretary) to report annually to the Congress on transportation security. Amends the Federal Aviation Act of 1958 to require the Administrator of the Federal Aviation Administration (FAA) (Administrator) to report annually (currently, semiannually) to the Congress on the effectiveness of screening procedures for passengers boarding aircraft. Establishes in the FAA an Assistant Administrator for Civil Aviation Security. Requires the Assistant Administrator to review and develop measures to strengthen air transportation security, including: (1) controls over checked baggage in air transportation; (2) control over individuals with access to aircraft; (3) testing of security systems; (4) use of modern x-ray equipment; and (5) preflight screening of passengers. Directs the Administrator to establish the position of: (1) Federal Security Manager for each U.S. airport that needs one; and (2) Foreign Security Liaison officer for each such airport outside of the United States. Directs the Administrator to issue regulations that subject to employment investigation, including criminal history record checks, all air carrier personnel, and individuals applying for air carrier positions, with unescorted access to domestic and foreign aircraft or to secured areas of domestic airports serving U.S. or foreign air carriers. Directs the Administrator to prescribe standards for the hiring, continued employment, and contracting of air carrier and airport security personnel. Requires foreign air carriers to adopt and use a security program approved by the Administrator. Requires the Administrator and the Director of the Federal Bureau of Investigation to conduct an assessment of current and potential threats to the domestic air transportation system, including the security of individual airports. Directs the Administrator to establish a program to accelerate and expand the research, development, and implementation of technologies and procedures to counteract terrorist acts against civil aviation. Requires the Administrator to: (1) complete a review of threats to civil aviation; and (2) establish a scientific advisory panel, as a subcommittee of the Research, Engineering and Development Advisory Committee, to review and advise on the progress of such program, including the need for long-range research programs to detect and prevent catastrophic damage to commercial aircraft by the next generation of terrorist weapons. Authorizes appropriations. Prohibits the deployment or purchase of explosive detection equipment unless the Administrator certifies that it can reliably detect explosive material which can cause catastrophic damage to commercial aircraft with 60 or more passenger seats. Requires air carriers, airport operators, travel agents, and employees who receive information of a threat to civil aviation to provide such information to: (1) an official of the FAA; (2) the Assistant Secretary of Transportation for Transportation Security and Intelligence; or (3) other appropriate officials. Requires the Administrator to cancel flights in the event that passenger safety from such a threat cannot be ensured. Requires the Administrator to develop guidelines to ensure notification to the public and to the flight and cabin crews of an air carrier flight of any threats to its security. Directs the Administrator to develop guidelines for airport design and construction to allow for maximum security enhancement. Directs the heads of the agencies of the intelligence community to promulgate policies and procedures to ensure that intelligence reports concerning international terrorism are made available to other members of the intelligence community, the Department of Transportation, and the FAA. Directs the Director of Central Intelligence to designate at least one intelligence officer of the Central Intelligence Agency to serve in a senior staff position in the Office of the Secretary of the Department of Transportation. Requires the Administrator to study whether additional requirements should be imposed to enhance the security requirements for the transportation of mail and cargo by passenger aircraft. Title II: United States Response to Terrorism Affecting Americans Abroad - Declares that the Department of State (the Department) shall be responsible for negotiating aviation security agreements with foreign countries concerning implementation of U.S. rules and regulations which affect the foreign operations of U.S. air carriers, foreign air carriers, and foreign international airports. Directs the Secretary of State to enter into negotiations for bilateral and multilateral agreements: (1) to enhance aviation security; (2) to implement the Foreign Airport Security Act and the foreign airport assessment program; and (3) to achieve improved availability of passenger manifest information. Makes the Coordinator for Counterterrorism responsible for the coordination of international aviation security for the Department. Requires the Administrator to require all U.S. air carriers to provide a passenger manifest of any flight to appropriate representatives of the Department within three hours after the carrier is notified of an aviation disaster outside the United States involving such flight. Authorizes the use of passport fees collected by the Department for the acquisition and production of machine-readable U.S. passports and visas and compatible reading equipment. Declares it to be the policy of the Department to notify promptly the families of victims of aviation disasters abroad, including timely written notice. Directs the Secretary of State to issue guidelines to provide that in the event of a disaster, particularly an aviation tragedy, involving U.S. citizens abroad, the Department will assign a specific individual, and an alternate, as the Department liaison for the family of each such citizen. Requires the Secretary to ensure that a toll-free telephone number is reserved for the use of the families of citizens who have been involved in such disasters. Requires the Secretary to institute a supplemental program of training in disaster management for all consular officers. Directs the Secretary to issue guidelines to provide in the event of an international aviation disaster involving U.S. citizens that at least: (1) one senior officer from the Bureau of Consular Affairs of the Department shall be dispatched to the disaster site; and (2) one Department employee shall be dispatched to such site to provide assistance and to act as an ombudsman with foreign local authorities for the victims' families. Requires the Secretary to promulgate: (1) criteria for Department staffing of disaster sites abroad; and (2) procedures for the deployment of a crisis team. Declares it to be the policy of the Department to provide arrangements for the preparation and transport to the United States of the remains of citizens who die abroad, as well as for disposition of personal effects. Requires the Secretary to compile an assessment of the Department response to the Pan American Airways Flight 103 disaster over Lockerbie, Scotland, together with guidelines for future response to such disasters, for distribution to Embassy and consular posts abroad. Requires the Secretary to promulgate guidelines with respect to recognition for the families of U.S. citizens who are killed through acts of terrorism abroad. Expresses the sense of the Congress that the United States should take appropriate action to increase limits on carrier liability established by the Convention for the Unification of Certain Rules Relating to International Transportation by Air (Warsaw Convention). Directs the President to submit to the Congress a legislative proposal to authorize the United States to provide monetary and tax relief as compensation to U.S. citizens who are victims of terrorism. Exempts the victims of the Lockerbie air disaster from income tax liability for any taxable year including December 21, 1988, and the prior year. Requires the Secretary to issue regulations to establish, under the Bureau of Consular Affairs, an electronic bulletin board accessible to the general public. Authorizes appropriations for antiterrorism assistance. Amends the Foreign Assistance Act of 1961 to authorize training services, including short term refresher training, with respect to antiterrorism, to be conducted, under specified circumstances, outside of the United States. Directs the Secretary of State to develop and publish guidelines for thwarting efforts by international terrorists to enlist unwitting assistance of international aviation travelers in terrorist activities. Requires the Secretary of State to publish U.S. rewards for information on international terrorist-related activities. Expresses the sense of the Congress that the Secretary should take measures to utilize and train U.S. employees at U.S. airports and abroad in the detection of explosives and firearms which could threaten international civil aviation. Requires the Secretary of State to propose to the International Civil Aviation Organization the establishment of a security program which includes: (1) training for airport security personnel; (2) grants for security equipment acquisition for certain nations; and (3) expansion of canine teams in the detection of explosive devices in all airports, including passenger screening areas and nonpublic baggage assembly and processing areas.
United States · United States Congress · 27 September 1990
United States Policy on Iraqi Aggression Resolution - Sets forth objectives with respect to U.S. policy in the Persian Gulf. Declares that the United States and the international community must continue to oppose Iraq's armed aggression against Kuwait. States that the United States and the international community should: (1) continue to condemn Iraq for aggression and specified human rights and terrorist offenses; and (2) hold Iraq and its leaders accountable for such actions. Supports the deployment of U.S. armed forces to the Persian Gulf region and expresses appreciation to such forces. Commends the President for his efforts to promote international consensus and cooperation in response to the Persian Gulf crisis. Declares that the United States should continue to: (1) strengthen the international consensus against Iraq's aggression; (2) obtain additional military forces and increased financial assistance from other nations in support of multinational forces deployed in the Persian Gulf; and (3) obtain international assistance for nations that have suffered financial losses as a result of support for the United Nations trade embargo against Iraq and international humanitarian assistance for foreign nationals who have fled Iraq and Kuwait. States that the United States should continue to: (1) seek international consensus to contain Iraq's conventional, chemical, biological, and nuclear weapons and ballistic missile programs and stop the export to Iraq of dual use technology and military components; (2) seek international consensus to address regional problems of arms proliferation and ensure that conventional weapons transfers to the region reflect legitimate security needs of the recipient nation; (3) maintain Israel's economic well-being and military advantage in the Middle East and achieve an Arab-Israeli peace settlement; and (4) promote respect for human rights and support the development of democratic institutions throughout such region. Commends the United Nations and the United Nations Security Council for their response to Iraq's aggression against Kuwait. Affirms support for specified United Nations Security Council resolutions and calls on all nations to comply with such resolutions and strengthen sanctions against Iraq. Declares that the United States and other members of the international community should continue efforts to achieve a diplomatic solution to the Persian Gulf crisis. Supports the President's emphasis on diplomatic efforts, international sanctions, and negotiations under the auspices of the United Nations to achieve U.S. objectives. Sets forth findings with respect to the War Powers Resolution.
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 · 3 August 1990
Authorizes the Secretary of Education to award a grant to Stetson University of Deland, Florida, for the construction of additional library facilities to hold the Federal depository library collection at that institution. Authorizes appropriations.
United States · United States Congress · 3 August 1990
Amends the Foreign Assistance Act of 1961 to declare that the Congress recognizes that prompt U.S. assistance is necessary to alleviate the emergency in Lithuania caused by the Soviet blockade. Authorizes the President to provide humanitarian assistance to Lithuania. Directs the Administrator of the Agency for International Development to: (1) furnish such assistance through voluntary relief agencies; and (2) ensure that Lithuanians receive such assistance as soon as possible. Expresses the sense of the Congress that other nations and voluntary relief agencies should respond to the need of the Lithuanian people by providing or facilitating emergency humanitarian assistance. Authorizes appropriations.
United States · United States Congress · 3 August 1990
Declares that complete normalization of bilateral relations between the United States and the Socialist Republic of Vietnam must remain contingent upon: (1) the release of political and religious prisoners in Vietnam, the cessation of torture and psychological abuse within incarceration facilities, and the end of detentions without trial; (2) the abolition of political reeducation camps; (3) the establishment of an autonomous judiciary and bar association and codified rights for arrestees to appeal and to obtain independent legal representation; (4) the elimination of all prohibitions against organized opposition activity; (5) the repeal of the constitutional guarantee of permanent rule by the communist party; (6) a formal commitment by such party to permit free and open national elections; and (7) an acceptable resolution of all outstanding cases of U.S. military personnel unaccounted for in Southeast Asia.
United States · United States Congress · 2 August 1990
Sanctions Against Iraq Act of 1990 - Title I: Imposition of Trade Embargo - Sets forth congressional declarations concerning Iraq's invasion of Kuwait. Requires the President to inform and consult with the Congress regarding the international crisis caused by such invasion, including U.S. actions. Directs the President to impose the following sanctions against Iraq: (1) blocking of all Iraqi property within the possession or control of the United States; (2) prohibiting the importation of Iraqi goods or services; (3) prohibiting the exportation of U.S. goods (including agricultural products) and technology or services, except food and medical supplies, to Iraq; and (4) prohibiting any transportation involving Iraq or Iraqi persons, vessels, or aircraft. Sets forth additional import sanctions. Title II: Additional Sanctions with Respect to Iraq - Sets forth congressional findings with respect to human rights violations by Iraq. Prohibits: (1) the United States from selling any items on the United States Munitions List to Iraq; (2) the issuing of licenses for the export of such items to Iraq; and (3) the issuing of licenses under the Export Administration Act of 1979 for the export to Iraq of chemical or biological agents for the production of chemical or biological weapons. Presumes denial of export license applications for the export of goods or technology: (1) which could enhance the ability of Iraq to support international terrorism; or (2) to an end user in such country that is engaged in missile or chemical or biological weapons proliferation activities. Sets forth a list of specified items for which a license is required to export such items to Iraq. Prohibits the Nuclear Regulatory Commission or the Secretary of Commerce from issuing a license for the export of nuclear material or technology to Iraq. Requires the United States to oppose financial or technical assistance to Iraq by international financial institutions. Requires the denial of credits or credit guarantees through the Export-Import Bank to Iraq. Authorizes the President to waive the sanctions authorized under this Act in certain circumstances if he certifies to the Congress Iraq's compliance with specified demands. Calls upon the President to seek multilateral cooperation to: (1) deny dangerous technologies to Iraq; and (2) induce such country to respect internationally recognized human rights, especially in the areas in northern Iraq which are inhabited by Kurds.
United States · United States Congress · 31 July 1990
Radio Free Asia Act of 1990 - Amends the Board for International Broadcasting Act of 1973 to grant authority to the Board for International Broadcasting to operate a Radio Free Asia broadcasting service for the peoples of Southeast Asia. Revises the composition of the Board to add two additional members to be selected by the President from Americans with a knowledge of the people of Cambodia, Vietnam, and Laos. Allows funds made available to Radio Free Europe and Radio Liberty to be used by Radio Free Asia. Authorizes appropriations for FY 1991 to establish Radio Free Asia. Requires the Board to report to the Congress on the desirability of the geographic expansion of funded broadcasts, particularly to Africa and the Middle East.
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 · 23 July 1990
High Medicare Hospital Relief Act of 1990 - Amends title XVIII (Medicare) of the Social Security Act to provide, from FY 1990 through 1992, an additional Medicare payment to a hospital when at least 65 percent of its inpatient days or discharges are attributable to Medicare beneficiaries.
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 · 20 July 1990
Amends the Higher Education Act of 1965 to permit the cancellation of Perkins student loans for service as a full-time law enforcement or corrections officer.
United States · United States Congress · 19 July 1990
Prohibits the Secretary of the Interior from engaging in any leasing activity with respect to specified submerged lands of the Outer Continental Shelf off the State of Florida. Declares that it is the sole responsibility of the United States to buy back any existing oil or gas lease on such lands. Directs the Secretary to promulgate guidelines for the United States to follow when buying back such leases. Authorizes appropriations.
United States · United States Congress · 16 July 1990
Prohibits U.S. assistance to Malaysia. Requires the Secretary of the Treasury to instruct U.S. executive directors of the International Monetary Fund, the International Bank for Reconstruction and Development, and the International Development Association to oppose all loans to such country. Denies nondiscriminatory treatment (most-favored-nation treatment) to Malaysia. Authorizes the President to waive such prohibitions if Malaysia: (1) agrees to be a country of first asylum to those persons fleeing Vietnam by boat; and (2) terminates the practice of pushing asylum seekers back out to sea.
United States · United States Congress · 12 July 1990
Amends the Foreign Assistance Act of 1961 to declare that the Congress recognizes that prompt U.S. assistance is necessary to alleviate the emergency in Lithuania caused by the Soviet blockade. Directs the Administrator of the Agency for International Development to: (1) furnish humanitarian assistance to Lithuania during such emergency; and (2) solicit donations of humanitarian assistance for Lithuania and cooperate with private relief agencies attempting to provide such assistance. Authorizes the Secretary of Defense to provide all necessary airlift and sealift to transport such assistance as soon as an agreement between the United States and the nations surrounding Lithuania has been concluded. Urges the President to begin negotiations with the nations surrounding Lithuania regarding the importation of critical humanitarian assistance. Authorizes appropriations.
United States · United States Congress · 14 June 1990
Older Women's Breast Cancer Prevention Act of 1990 - Amends title XVIII (Medicare) of the Social Security Act to cover screening mammographies for Medicare-eligible women whose last screening mammographies were performed more than 11 months previously. Determines the payment amount for such service pursuant to a fee schedule.
United States · United States Congress · 14 June 1990
Korean War Veterans Memorial Thirty-Eighth Anniversary Commemorative Coin Act - Expresses the sense of the Congress that the United States should recognize the 38th anniversary of the Korean War by minting and issuing a silver dollar coin. Directs the Secretary of the Treasury to issue one-dollar silver coins to commemorate the 38th anniversary of the ending of the Korean War. Terminates such authority after December 31, 1991. Mandates that surcharges from the sale of such coins be used for the Korean War Veterans Memorial.
United States · United States Congress · 14 June 1990
Violent Crime and Drug Control Act of 1990 - Title I: Effective Rehabilitation - Amends the Public Health Service Act to require States to develop and submit to the Secretary of Health and Human Services annually for review and approval a Statewide Drug Treatment Plan. Requires States to maintain expenditures for drug abuse-related services at a level equal to not less than the average amount of such expenditures for the preceding two years, unless the Secretary determines that extraordinary conditions in the State (currently, limited to economic conditions) justify the waiver. Directs the Secretary to promulgate implementing regulations, including the procedures by which a full or partial waiver may be granted. Requires the Secretary of Education to: (1) develop a model curriculum regarding treatment for individuals who are addicted to drugs; and (2) disseminate such curriculum to medical schools. Authorizes appropriations. Bars the Secretary of Health and Human Services from making certain payments under the Alcohol and Drug Abuse and Mental Health Services Block Grant program unless the State: (1) makes specified progress toward setting up a referral system through which individuals seeking drug abuse treatment can be informed of appropriate facilities in the State for obtaining such treatment; and (2) agrees to establish procedures to ensure that newborn infants of drug or alcohol abusing mothers are tested and evaluated for exposure to illegal drugs, to waive civil and criminal liability against qualified health care professionals conducting such test and evaluation in compliance with State-established procedures, and, if the newborn has been exposed to illegal drugs, to ensure that the necessary health care services are immediately made available to the mother and infant. Extends to the Coast Guard coverage under the law providing for identification, treatment, and rehabilitation of members of the armed forces who are dependent on drugs or alcohol. Title II: User Accountability and Drug Paraphernalia Restrictions - Subtitle A: User Accountability - Amends the Anti-Drug Abuse Act of 1988 to remove discretion from the courts and thus make mandatory the denial of Federal benefits for a fixed term after a conviction for distribution or possession of a controlled substance. Requires the Office of Management and Budget (currently, the President) to report to the Congress by January 1, 1991 (currently, May 1, 1989) with regard to the withholding of Federal benefits, including a listing of each such benefit for which drug traffickers and possessors will be ineligible. Specifies that the "approved" drug treatment program which an individual convicted of a controlled substance possession offense must successfully complete must be a program chosen by the court. Restricts the allocation and distribution of funds under the Drug Control and System Improvement Grant program to States: (1) that do not have in effect, and which do not enforce, laws requiring the mandatory revocation of the driver's license for at least one year for specified drug offenses and a mandatory denial of requests by such individuals for the issuance or reinstatement of such license; and (2) in which the State legislature has not voted to exempt the State from the operation of such provisions. Allows such State laws, without risking loss of Federal funds under this Act, to provide that the license of a first, but not a subsequent, offender, be reinstated upon performance of three months community service by such offender who passes periodic drug tests during such service. Prohibits the Secretary of the department in which the Coast Guard is operating from issuing a license, certificate of registry, or merchant mariner's document unless the applicant makes available to the Secretary information contained in the National Driver Register regarding the applicant's driving record. Directs the Secretary to: (1) review the criminal record of such an applicant; and (2) establish a testing program for use of a dangerous drug in violation of law for such applicant for issuance or renewal of a license or certificate of registry. Limits the duration of certificates of registry to five years, subject to renewal for additional five-year periods (currently, unlimited). Makes mariners' documents valid for five years, subject to renewal for additional five-year periods. Requires the Secretary to review the criminal record of applicants for renewal of mariners' documents, licenses, and certificates of registry. Sets forth provisions with respect to termination of existing certificates of registry and merchant mariners' documents. Requires the Secretary to: (1) request a holder of a license, certificate of registry, or merchant mariner's document to make available to the Secretary all information contained in the National Driver Register regarding the motor vehicle driving record of such individual; (2) establish a program for testing the holder of such a license for use of alcohol and dangerous drugs in violation of law; (3) temporarily suspend (subject to a hearing within 15 days) and take possession of the license held by an individual who performs a safety sensitive function on a vessel and where there is probable cause to believe that the individual has performed such function in violation of law, has been convicted of an offense that would prevent the issuance or renewal of the license, or has been convicted within the five-year period of an offense under the National Driver Register Act of 1982 (NDRA). Defines "dangerous drug" to mean a narcotic, controlled substance, or marijuana. Includes among the bases for license suspension or revocation conviction of an offense: (1) that would prevent the issuance or renewal of a license; or (2) under the NDRA within the five-year period preceding the suspension or revocation. Authorizes the termination of a license revocation only after: (1) the Secretary decides that the issuance is compatible with good discipline and safety at sea; and (2) the former holder provides satisfactory proof that the bases for revocation are no longer valid. Sets forth procedures for the removal of a master or individual in charge of a vessel reasonably believed to be under the influence of alcohol or dangerous drugs. Amends the NDRA to: (1) authorize an individual who holds or who has applied for a license to request the chief driver licensing official of a State to transmit to the Secretary information regarding the motor vehicle driving record of the individual; and (2) require the Secretary to make the information available to the individual for review and written comment before denying, suspending, or revoking such license and to keep such information confidential, with exceptions. Bars the transmission of motor vehicle driving record information which was entered in the register more than five years before the date of the request, unless such information relates to revocations or suspensions that are still in effect on the date of the request. Applies penalties for the negligent operation of a vessel while "intoxicated" to negligent operation while "under the influence of alcohol, or a dangerous drug." Subtitle B: Drug Paraphernalia Restrictions - Amends the Anti-Drug Abuse Act of 1986 to provide that criminal forfeiture of drug paraphernalia will be accomplished in accordance with procedures applicable to other criminal forfeiture provisions of the Controlled Substances Act (CSA). Authorizes the Attorney General to bring a civil action and to seek injunctive relief and authorizes the court to assess a civil penalty of up to $100,000 for violations of the paraphernalia statute. Provides for civil forfeiture of drug paraphernalia, other property involved, and property traceable to property involved in a violation of criminal forfeiture provisions. Title III: Interdiction Improvements - Makes it unlawful for the pilot, operator, or person in charge of any aircraft which has crossed the U.S. border or is subject to U.S. jurisdiction operating outside the United States to refuse to obey the order of an authorized Federal law enforcement officer to land in cases involving enforcement of controlled substances or money laundering laws. Sets forth analogous provisions with respect to vessels. Establishes penalties for violation of such provisions. Specifies that any vessel or aircraft used in such a violation may be seized and forfeited. Amends the Federal Aviation Act of 1958 to require: (1) revocation of the registration certificate of an aircraft that refuses to land when ordered to do so by a law enforcement officer; and (2) the Administrator of the Federal Aviation Administration to establish procedures for the owner of the aircraft to show cause why the factual predicate did not exist to trigger the revocation of the registration or why it would be in the public interest to issue a new certificate of registration to be effective concurrent with the revocation which occurred by operation of law. Authorizes the Coast Guard to issue orders and make inquiries, searches, seizures, and arrests with respect to violations of U.S. laws occurring aboard any aircraft over the high seas and waters over which the United States has jurisdiction. Specifies the method by which orders to land an aircraft must be communicated. Establishes a civil penalty for failure to comply with a lawful boarding or order to land. Amends the Tariff Act of 1930 to: (1) authorize U.S. Customs officers to exercise their enforcement authority outside of the United States, including any location in which Customs officers are permitted to conduct inspections, examinations, or searches; and (2) provide civil penalties for failure of an aircraft to comply with customs officer orders to land or bring to and Tariff Act provisions regarding the boarding of vessels. Title IV: International Narcotics Control - Amends the Foreign Assistance Act of 1961 (FAA) to: (1) authorize the President to provide narcotics-related assistance to Bolivia, Colombia, and Peru; and (2) make funds available under such Act and the Arms Export Control Act for training and equipment for law enforcement agencies or other units in such countries organized for the specific purpose of narcotics enforcement. Waives during FY 1991 provisions of the FAA and similar provisions relating to limitations on assistance to countries in default on obligations owed to the United States with respect to narcotics-related assistance for a country which is a major illicit drug-producing country because of its coca production. Authorizes the President to provide assistance under the FAA to promote the production, processing, and marketing of products which can be produced economically in such countries in order to reduce dependence upon the production of crops from which narcotic and psychotropic drugs are derived. Revises certain narcotics-related provisions of the FAA to: (1) authorize the use of funds for international narcotics control for defensive arming of U.S.-title aircraft used in narcotics control eradication or interdiction efforts and for personnel and agents participating in such efforts; and (2) make an exception to the provision requiring the President to withhold 50 percent of the assistance authorized and appropriated for a major drug-producing or drug-transit country pending the March 1 certification of narcotics cooperation if he determines that application of such provision would be contrary to the national interest. Repeals provisions requiring that any aircraft made available to a foreign country be provided only on a lease or loan basis. Permits the assigning of more than six members of the armed forces to Military Assistance Groups in Bolivia and Peru. Continues for FY 1991 the waiver of the requirement under the FAA to withhold 50 percent of annual foreign aid to major drug-transit countries which meet specified requirements, such as cooperation with the United States in achieving anti-narcotics objectives. Amends the Federal criminal code to authorize the Secretary of State to order the surrender to a foreign country of a U.S. citizen whose extradition has been requested by such country even if the terms of the applicable treaty or convention do not obligate the United States to extradite its citizens. Amends the Export-Import Bank Act of 1945 to extend the Export-Import Bank's authority to finance sales of defense articles and services for anti-narcotics purposes to September 30, 1992 (currently, expires September 30, 1990). Expresses the sense of the Congress that: (1) practices of foreign governments that condone or permit illicit narcotics production and export are considered damaging to future trade relations with the United States; and (2) the Office of the U.S. Trade Representative should bring the matter of illicit narcotics production and export to the attention of appropriate countries, require foreign countries that tolerate such activities to address their elimination in a serious and effective manner, and consider rewarding foreign countries that make significant strides against drug trafficking with good trade relations with the United States. Title V: Firearms and Related Amendments - Amends the Federal criminal code to prohibit the transfer of firearms to non-residents of the State in which the transferor resides. Provides for the disposition of forfeited firearms. Classifies as serious drug offenses for purposes of the Armed Career Criminal Act of 1984 serious drug offenses committed by juveniles. Specifies that if a conviction was for a violent felony involving the threatened or actual use of a firearm or explosives, or was for a serious drug offense, such person shall be considered convicted for purposes of this Act irrespective of any pardon, setting aside, expunction, or restoration of civil rights. Permits the judicial officer to consider pretrial detention with respect to certain firearms and explosives offenses. Provides for enhanced penalties for: (1) the use of a semiautomatic firearm during a crime of violence or drug trafficking offense, with exceptions; and (2) possession of a firearm or explosive during the commission of such offenses. Makes enhanced penalties inapplicable in the presence of specified mitigating circumstances, unless the defendant engaged or participated in criminal conduct that gave rise to the occasion for the defendant's use of the firearm. Sets forth penalties for smuggling firearms in aid of drug trafficking and for theft of firearms and explosives. Bars the sale or possession of firearms and explosives to or by persons convicted of violent or serious misdemeanor drug or narcotic offenses. Provides for the mandatory revocation of the supervised release of an individual for possession of a firearm. Increases penalties for: (1) making knowingly false, material statements in connection with the acquisition of a firearm from a licensed dealer; and (2) a second offense of using an explosive to commit a Federal felony. Amends the Internal Revenue Code to: (1) change from six to five years the statute of limitations for certain firearms offenses; and (2) provide for the summary forfeiture of unregistered National Firearms Act weapons, with provision for reimbursement for innocent owners. Makes it unlawful for felons and others to possess explosives. Authorizes the summary destruction of explosives subject to forfeiture under specified circumstances. Sets forth requirements for reimbursement of the value of destroyed property. Title VI: Death Penalty - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits evidence to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Sets forth special aggravating factors for: (1) espionage, treason, homicide, and the attempted murder of the President; and (2) drug offenses punishable by the death penalty (such factors include previous serious drug felony convictions, use of a firearm in committing or furthering certain continuing criminal enterprises, use of minors in trafficking, and lethal adulteration of controlled substances.) Directs the court, or the jury by unanimous vote, to impose the death penalty upon a finding of at least one aggravating and no mitigating factor, or one or more aggravating factors which outweigh any mitigating factors. States that no person who was under 18 years of age at the time of the offense may be sentenced to death. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant or victim in its consideration of the sentence. Establishes procedures for appeal from a death sentence. Requires the court of appeals, upon consideration of the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under the influence of passion, prejudice, or any other arbitrary factor; and (2) the information supports the finding of aggravating factors. Requires the court to provide a written explanation of its determination. Sets forth procedures for the implementation of the sentence of death. Limits the circumstances under which the offense of delivering defense information to aid foreign governments is punishable by death. Provides for the imposition of the death penalty for: (1) murder committed by prisoners in Federal prisons; (2) kidnappings which result in the death of any person; (3) hostage takings which result in the death of any person; (4) attempting to kill the President of the United States (if such attempt results in bodily injury or comes dangerously close to causing the President's death); (5) "murder for hire;" (6) murder in the aid of a racketeering activity; (7) international terrorism (where the killing is a first-degree murder); (8) engaging in a criminal enterprise activity which results in death; (9) specified violations of the CSA, the Controlled Substances Import and Export Act, and the Maritime Drug Law Enforcement Act; and (10) genocide. Increases the minimum sentence to life imprisonment for the crime of bank robbery which results in death. Provides for appointment of counsel in Federal cases where a defendant is charged with a crime with respect to which a sentence of death is sought and is or becomes financially unable to obtain adequate representation. Sets forth additional provisions with respect to: (1) representation before and after review of judgment; (2) standards for competence of counsel; and (3) claims of ineffectiveness of counsel. Authorizes, in the discretion of the court, appointment of counsel for a petitioner who is or becomes financially unable to afford counsel in Federal habeas corpus proceedings involving State prisoners in capital cases. Sets forth provisions regarding: (1) deadlines for collateral attacks on judgments imposing a sentence of death; and (2) stays of execution. Title VII: Criminal Justice System Reform - Subtitle A: Habeas Corpus Proceedings Relating to Death Penalty Cases - Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases. Applies such procedures to Federal habeas corpus cases brought by prisoners in State custody who are subject to a capital sentence. Makes the applicability of such procedures contingent upon a State establishing a mechanism for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in State post-conviction proceedings brought by indigent prisoners whose capital convictions and sentences have been upheld on direct appeal to the court of last resort in the State or have otherwise become final for State law purposes. States that the rule of court on statutes establishing such mechanism must provide standards of competency for the appointment of such counsel. Directs that any such mechanism must offer counsel to all State prisoners under capital sentence and must provide for the entry of an order by a court of record: (1) appointing counsel to represent the prisoner upon a specified finding; (2) finding that the prisoner has rejected the offer of counsel and made the decision with an understanding of its legal consequences; or (3) denying the appointment of counsel upon a finding that the prisoner is not indigent. Provides for a mandatory stay of execution during the post-conviction review initiated pursuant to this Act. Details conditions which will cause such stay to expire. Prohibits a Federal court, if one of such conditions has occurred, from entering a stay of execution or granting relief in a capital case unless: (1) the basis for the stay and request for relief is a claim not previously presented in the State or Federal courts; (2) the failure to raise the claim was the result of State action in violation of the Constitution or laws of the United States, was the result of a recognition by the Supreme Court of a new Federal right that is retroactively applicable, or is due to the fact that the claim is based on facts that could not have been discovered through the exercise of reasonable diligence in time to present the claim for State or Federal post-conviction review; and (3) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the jury's determination of guilt on the offense for which the death penalty was imposed. Imposes time limits on filing for habeas corpus relief. Requires such time limits to be tolled under specified conditions. Requires the district court, upon the development of a complete evidentiary record, to rule on the merits of the claims properly before it. Makes the requirement for a certificate of probable cause inapplicable, with exceptions, where: (1) a second or successive petition is filed; and (2) certain requirements under a unitary review procedure (i.e., a State procedure that authorizes a person under sentence of death to raise, in the course of direct review of judgment, such claims as could be raised on collateral attack) are met. Subtitle B: General Habeas Corpus Reform - Amends the Federal judicial code to prohibit consideration of a habeas corpus claim by a State prisoner unless actual prejudice resulted from the denial of a Federal right and: (1) State action precluded assertion of the right; (2) the Federal right asserted was newly recognized; (3) the factual basis of the claim could not have been discovered through the exercise of reasonable diligence prior to the procedural default; or (4) a constitutional violation asserted in the claim probably resulted in a factually erroneous conviction or a sentence predicated on an erroneous factual determination. Establishes a one-year statute of limitations for habeas corpus actions brought by State prisoners. Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. Prohibits the granting of a habeas corpus writ with respect to any claim which has been fully and fairly adjudicated in State proceedings. Sets forth provisions regarding the appointment of counsel. Subtitle C: Exclusionary Rule - Amends the Federal criminal code to bar the exclusion of evidence obtained as a result of a search or seizure carried out under circumstances justifying an objectively reasonable belief that it was in conformity with the fourth amendment. Specifies that evidence shall not be excluded on the ground that it was obtained in violation of a statute, an administrative rule or regulation, or a rule of procedure unless exclusion is expressly authorized by statute or by a rule prescribed by the Supreme Court pursuant to statutory authority. Title VIII: Criminal Alien Justice Act - Amends the Immigration and Nationality Act to authorize Immigration and Naturalization Service (INS) agents and officers to carry firearms and make arrests. Revises the definition of "aggravated felony" for purposes of such Act. Includes among the classes of aliens ineligible to receive visas and excluded from U.S. entry an alien who: (1) is in illicit possession of a controlled substance; and (2) has been convicted of an aggravated felony. Subjects such aliens to summary exclusion. Subjects an alien convicted of an aggravated felony to an expedited summary deportation proceeding. Requires Federal and State courts to notify the INS upon sentencing an alien to an aggravated felony. Bars aliens who are aggravated felons and other criminal aliens from: (1) asylum; (2) a judicial recommendation against deportation; and (3) a deportation waiver based on length of U.S. domicile, family hardship, good moral character, and specified other grounds. Title IX: Justice System Integrity and Accountability - Subtitle A: Public Corruption - Amends the Federal criminal code to prescribe penalties to be imposed against anyone who defrauds the inhabitants of the United States, Indian country, or a State or political subdivision of: (1) the honest services of a government official or employee; or (2) a fair and impartially conducted election process through the use of fraudulent ballots or voter registration forms, paying or offering to pay any person for voting, the filing of fraudulent campaign reports, intimidating or coercing an individual to vote (or decline to vote) or register (or decline to register) to vote, or the unauthorized alteration or substitution of a ballot. Prescribes criminal penalties to be imposed upon any official who: (1) for financial gains uses interstate commerce to defraud the inhabitants of the United States, any State, political subdivision, or Indian tribal government, of the right to have government affairs conducted on the basis of complete, true, and accurate information; or (2) in order to carry out or conceal any scheme or artifice to defraud, discriminates, harasses, or takes adverse action against any employee or official of the United States or any State or political subdivision. Amends mail fraud provisions to prohibit use of any facility of interstate or foreign commerce in the execution of a scheme or artifice to defraud. Makes it a class B felony for a public official to corruptly demand or accept anything of value, personally or for another, in return for: (1) being influenced in the performance or nonperformance of any official act; or (2) being influenced to commit, collude in, or allow the commission of any offense against the United States or any State. Makes it a class B felony for a public official to corruptly give, offer, or promise anything of value, to an official or to another, with intent to: (1) influence any official act; (2) influence such official to commit, collude in, or allow the commission of any offense against the United States or a State; or (3) influence such official to do or omit any act in violation of such official's lawful duty. Grants Federal jurisdiction over an offense under this Act (with respect to narcotics-related corruption) which involves or is intended to further or conceal the illegal importation, manufacture, transportation, or distribution of any controlled substance or controlled substance analogue. Subtitle B: Drug Testing - Requires: (1) the Director of the Administrative Office of the U.S. Courts to establish a program of drug testing of criminal defendants on post-conviction release; and (2) the chief probation officer in each district to arrange for the drug testing of such defendants. Requires, as an explicit condition of probation, parole, or supervised release of a defendant involving a felony or a specified violent or drug offense, that the defendant refrain from any unlawful use of a controlled substance and submit to periodic drug tests. Sets limitations on the authority to require such tests and to take action against a defendant based on test results. Provides for revocation of supervised release by a defendant placed on parole, probation, or post-imprisonment release if such defendant unlawfully uses a controlled substance or refuses to cooperate in drug testing. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to prohibit Federal assistance to any State that has not implemented a drug testing program for targeted classes of arrestees, prisoners, and persons on conditional or supervised release before or after conviction. Directs the Attorney General to promulgate regulations for such program, based in part on scientific and technical standards determined by the Secretary of Health and Human Services to ensure the reliability and accuracy of test results. Specifies that such regulations may include guidelines or specifications concerning: (1) the classes of persons to be targeted for testing; (2) the drugs to be tested for; (3) the frequency and duration of testing; and (4) the effect of test results in decisions concerning the sentence, conditions to be imposed on release before or after conviction, and the granting, continuation, or termination of such release. Subtitle C: Protection of Witnesses, Jurors, and Court Officers - Increases penalties for obstruction of justice offenses against court officers and jurors and for retaliatory killings of witnesses, victims, and informants. Title X: Amendments Related to Asset Forfeiture, Controlled Substances, and Money Laundering - Subtitle A: Asset Forfeiture - Sets forth provisions regarding the transfer of appropriations from the Department of Justice Assets Forfeiture Fund to the Special Forfeiture Fund. Authorizes such transfers on a quarterly basis (currently, at the end of each fiscal year). Amends the Federal judicial code to authorize the Attorney General to warrant clear title to a subsequent purchaser or transferee of forfeited property. Amends the Federal criminal code to provide for the forfeiture of the proceeds of a foreign drug offense, except to the extent of an interest of an owner by reason of any act or omission established by that owner to have been committed or omitted without the knowledge, consent, or willful blindness of the owner. Amends the Federal criminal code and the CSA to: (1) bar the use of bankruptcy proceedings to prevent a criminal forfeiture for violations of such Act; and (2) provide for nonabatement of criminal forfeiture when a defendant dies pending appeal. Amends the CSA to provide for the forfeiture of: (1) personal property used to facilitate a drug offense; and (2) proceeds traceable to conveyances used to facilitate drug violations. Authorizes the Attorney General or Secretary of the Treasury to transfer the forfeited personal property, or the proceeds of the sale of forfeited personal or real property, to a foreign country which participated in the seizure or forfeiture of the property, subject to specified conditions. Amends the CSA to authorize the destruction of dangerous, toxic, or hazardous materials subject to forfeiture. Amends the Federal judicial code to authorize the payment of awards for information or assistance leading to a civil or criminal forfeiture under any law enforced or administered by the Department of Justice. (Under current law, such authority is limited to forfeitures under specified Federal statutes.) Eliminates a restriction on the disposal of judicially forfeited property by the Department of the Treasury and the U.S. Postal Service. Provides that substitute assets will be forfeited by an intermediary who does not retain the laundered property if that person participates in three or more transactions involving $100,000 or more in a 12-month period. Amends the Anti-Smuggling Act of 1935 to: (1) provide for the seizure and forfeiture of vehicles with concealed compartments under specified conditions; and (2) make the existence of any compartment or equipment built or outfitted for smuggling to be prima facie evidence that a vehicle, vessel, or other conveyance is being, has been, or is attempted to be employed in smuggling or in defrauding the revenue of the United States. Authorizes the disclosure of grand jury information for use in connection with civil forfeiture proceedings. Authorizes the Director of the Office of National Drug Control Policy to transfer funds to agencies responsible for carrying out the National Drug Program. Subtitle B: Controlled Substances - Adds certain cocaine and drug conspiracy and attempt offenses committed by juveniles to the list of crimes for which prosecution as an adult is authorized if the Attorney General certifies that there is a substantial Federal interest in the case that justifies adult prosecution. Amends the CSA and Controlled Substances Import and Export Act to define "felony drug offense" as an offense relating to narcotics, marihuana, depressants, or stimulants. Revises recidivist penalty provisions of such Acts to incorporate such term. Provides for: (1) a sentence of mandatory life imprisonment without release and a fine for certain CSA convictions after two or more prior felony drug offense convictions; and (2) a mandatory fine of at least $1,000 for possession of a substance with a cocaine base under specified circumstances. Increases the minimum prison sentence for use of underage persons in illegal drug transactions. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to provide for innovative intermediate sanctions programs in combination with drug testing, including boot camps, house arrest, electronic monitoring, intensive supervision, and community service. Amends the Tariff Act of 1930 to require the payment of at least a $500 penalty for failure to declare a controlled substance. Provides for enhanced penalties for drug trafficking in Federal prisons. Authorizes funding through January 1, 1992, for Treasury undercover operations under the Anti-Drug Abuse Act of 1988. Raises the cap for certain discretionary grants under the Omnibus Crime Control and Safe Streets Act of 1968 for drug and violent crime control programs . Sets forth provisions requiring the fingerprinting and photographing of, and keeping of records and information concerning, juveniles found guilty of specified felony or controlled substances offenses. Repeals provisions establishing procedures for special probation and record expungement for drug possessors. Subtitle C: Money Laundering - Makes changes in the definition of "financial transaction" for purposes of the money laundering statute. Amends the Anti-Drug Abuse Act of 1988 to continue the $10,000 cash transaction reporting requirement for another two years. Amends the Right to Financial Privacy Act of 1978 (RFPA) to authorize the transfer of certain financial records to another agency if the transferring agency has reason to believe that the records are relevant to a matter within the jurisdiction of, or appropriate for analysis by, the receiving agency for law enforcement purposes. Prohibits the disclosure of the existence or terms of a geographic targeting order. Makes the RFPA inapplicable to a financial institution providing information that it has reason to believe may be relevant to a Bank Secrecy Act violation. Exempts from liability a financial institution that: (1) ceases to do business with a customer because of suspicious transactions; and (2) discloses in good faith information and records relating to a customer violation of the Bank Secrecy Act. Authorizes the warrantless search of outgoing mail at U.S. borders by the U.S. Customs Service when a customs officer has reasonable cause to suspect that there are monetary instruments being transported in such a letter. Adds certain predicate offenses relating to financial institutions to the Federal money laundering statute. Amends the RFPA to add conforming predicate laundering references to the "insider" exemption under such Act. Subtitle D: Other Provisions - Authorizes the disclosure of cable television subscriber information to a Federal grand jury. Amends the Anti-Drug Abuse Act of 1988 to permit an arrest warrant to be issued for a foreign fugitive about to enter the United States. Authorizes State government personnel to assist in court-authorized electronic or wire interceptions. Authorizes providers of electronic communication services to disclose specified information, upon written request, to a governmental entity. Amends the Federal criminal code to provide that an element of an offense that the defendant knew that property was stolen or counterfeit may be established by proof that the defendant, as a result of an official representation as to the nature of the property, believed the property to be stolen or counterfeit. Amends Federal criminal code provisions with respect to the sexual abuse of minors to: (1) include 12- and 13-year-olds within the scope of provisions prohibiting engaging in sexual acts with children; (2) revise the definition of sexual act to include the intentional touching, not through the clothing, of the genitalia of individuals under age 16 with intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; and (3) provide enhanced penalties for subsequent offenses. Amends the Bankruptcy code to except from discharge under bankruptcy the payment of restitution under the Victim and Witness Protection Act of 1982. Title XI: Drug War Bonds - Directs the Secretary of the Treasury to issue: (1) Drug War Bonds for a three-year period with a 12-year maturity date; and (2) Drug War Stamps to evidence payments for or on account of such bonds. Specifies that the difference between the price paid and the amount received on redeeming a Drug War Savings Bond is interest under the Internal Revenue Code. Authorizes a taxpayer to designate a specified portion of any tax overpayment or make cash contributions to the War on Drugs Trust Fund (established by this Act). Authorizes the Attorney General to make expenditures from the Department of Justice Assets Forfeiture Fund into the War on Drugs Trust Fund. Amends the Internal Revenue Code to establish the War on Drugs Trust Fund. Transfers to such Fund: (1) proceeds from the sale of Drug War Bonds and stamps; and (2) certain cash contributions and portions of tax overpayments. Prescribes expenditures from the War on Drugs Trust Fund, including the construction of Federal prison facilities and education and rehabilitation programs. Directs the Attorney General to make recommendations to the Congress regarding the merits of privatizing Federal prisons. Title XII: Transportation Safety - Directs the Secretary of Transportation to establish testing programs for the use, in violation of law or Federal regulation, of controlled substances and of alcohol by individuals performing sensitive safety- or security-related functions for air carriers, motor carriers, rail carriers, pipeline facility operators, and recipients of assistance under the Urban Mass Transportation Act of 1964. Directs the Secretary to establish only those requirements applicable to foreign air and motor carriers that are consistent with U.S. international obligations, taking into consideration any applicable laws and regulations of foreign countries. Requires the Secretary to conduct a program to reduce illegal drug activities at truck stops. Provides that such program may include security and law enforcement activities at truck stops and educational programs for truck stop operators and operators of commercial motor vehicles. Sets forth provisions with respect to matching of Federal appropriations for such program. Amends the CSA to impose mandatory minimum criminal penalties for the unlawful distribution or possession of controlled substances within 1,000 feet of a truck stop or safety rest area. Prohibits the suspension of a sentence, granting of probation, or eligibility for parole until the individual has served the minimum required sentence under the Federal criminal code for any person who violates this Act after a prior conviction under this Act has become final. Requires the U.S. Sentencing Commission to promulgate specified sentencing guidelines for violations of this Act. Bars multiple enhancements.
United States · United States Congress · 11 June 1990
Prohibits the proposed sale to Saudi Arabia of modifications and systems integration of AWACS E-3 and tanker KE-5 aircraft and related defense articles and services.
United States · United States Congress · 7 June 1990
Prohibits further negotiations between the United States and the Palestine Liberation Organization (PLO) because the PLO has failed to adhere to its renunciation of terrorism as required under the International Security and Development Cooperation Act of 1985. Suspends such prohibition only if the President certifies to the Congress that the PLO: (1) recognizes Israel's right to exist; (2) accepts United Nations Security Council Resolutions 242 and 338; and (3) has renounced the use of terrorism and has adhered to that renunciation for at least 120 days.
United States · United States Congress · 6 June 1990
Authorizes the President to award the Medal of Honor posthumously to Ruben Rivers for acts performed by him in the United States Army during World War II.
United States · United States Congress · 6 June 1990
Urges the President to instruct the Attorney General to appoint an independent counsel to investigate the involvement of Government officials in the savings and loan scandal.
United States · United States Congress · 23 May 1990
Offshore Lease Buyback Act of 1990 - Amends the Outer Continental Shelf Lands Act to provide that compensation a lessee is entitled to receive as a result of a lease cancellation may be made in the form of a credit bonus, rent, royalty, or permit fee payments.
United States · United States Congress · 22 May 1990
Entitles any individual who is involuntarily separated from the armed forces under honorable conditions after July 1, 1990, after having served on active duty for at least six consecutive years to have five additional points added to any passing grade earned on a civil service examination if such individual is not otherwise eligible for any veterans' preference.
United States · United States Congress · 22 May 1990
Designates June 25, 1990, as Korean War Remembrance Day. Authorizes and requests the President to urge that the American flag be flown at half staff on such day in honor of the Americans who died as a result of their service in the Korean War.
United States · United States Congress · 10 May 1990
Breast and Cervical Cancer Mortality Prevention Act of 1990 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services, through the Director of the Centers for Disease Control, to make grants to States, with regard to breast and cervical cancers, for screening, referrals and follow-up services, public information and education programs, education and training for health professionals, quality monitoring of screening, and evaluations of such activities. Sets forth preferences in making the grants and requires equitable geographical distribution. Requires matching non-Federal funds in a specified ratio. Requires that States agree to: (1) provide all of certain services by a specified date; (2) switch to any improved screening procedures which become available; and (3) assure the quality of any screening procedures used. Directs the Secretary to establish guidelines for assuring the quality of mammography and cytological screening conducted under these provisions. Requires that low-income women be given priority in the provision of services. Requires that a charge for services, if any: (1) be made according to a public schedule; (2) be adjusted for income of the women involved; and (3) not be imposed on women with an income below the poverty line. Requires services to be provided throughout a State, including to members of any Indian tribe or tribal organization. Prohibits using grant funds for inpatient services. Authorizes the Secretary to provide training and technical assistance. Directs the Secretary to provide for annual evaluations of programs carried out under this Act. Authorizes appropriations. Limits the number of grants made to seven in FY 1991.
United States · United States Congress · 2 May 1990
Constitutional Amendment - Prohibits the Supreme Court or any inferior court of the United States from ordering a State or political subdivision, or an official of such State or subdivision, from laying or increasing taxes.
United States · United States Congress · 2 May 1990
Condemns the role of the Government of Cuba in international drug trafficking. Calls on the President to condemn Cuba's role in all appropriate international fora.
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
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 · 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 · 19 April 1990
Loans to One Borrower Transition Rule Act of 1990 - Amends the Home Owners' Loan Act to establish a transition period during which specified limits apply to total loans and credit extensions offered by savings associations to any one borrower. Requires the Director of the Office of Thrift Supervision to prescribe regulations to implement this Act.
United States · United States Congress · 19 April 1990
Commends the United Nations Human Rights Commission for extending the mandate of the Cuba Working Group with regard to the human rights situation in Cuba. Condemns the Government of Cuba for engaging in a consistent pattern of human rights violations and harassment of human rights activists. Calls upon the Cuban Government to: (1) honor its guarantees that individuals who testified before the Cuban Working Group would not be subject to reprisals; (2) release all human rights activists and other political prisoners; and (3) meet universally recognized standards of human rights.