United States · United States Congress · 3 January 1991
Amateur Radio Spectrum Protection Act of 1991 - Amends the Communications Act of 1934 to prohibit the Federal Communications Commission (FCC) from diminishing existing allocations of spectrum (available radio frequencies) to the amateur radio service after January 1, 1991. Requires the FCC to provide replacement spectrum to the service for any frequency reallocation after such date.
United States · United States Congress · 3 January 1991
Ovarian Cancer Research Act of 1991 - Directs the Secretary of Health and Human Services, through the Director of the National Institutes of Health and the Director of the National Cancer Institute, to conduct or support basic research on certain aspects of ovarian cancer. Prohibits the Secretary from conducting or supporting clinical research on the same matters. Authorizes appropriations.
United States · United States Congress · 3 January 1991
Amends the Higher Education Act of 1965 to permit the deferral of payments on student loans during professional internships of any duration (by removing a two-year limitation).
United States · United States Congress · 3 January 1991
Veterans' Compensation Amendments of 1991 - Increases the rates of: (1) veterans' disability compensation; (2) additional compensation for veterans' dependents; (3) the clothing allowance for certain disabled veterans; (4) dependency and indemnity compensation for surviving spouses and children; and (5) supplemental dependency and indemnity compensation for disabled adult children. Authorizes the Secretary of Veterans Affairs to adjust administratively the rates of disability compensation payable to persons who are not in receipt of compensation for service-connected disability or death.
United States · United States Congress · 3 January 1991
National Commemorative Advisory Act - Establishes the President's Advisory Commission on National Commemoratives to: (1) establish criteria for recommending to the President that a proposed national observance be approved or disapproved; (2) review proposals for national observances submitted in accordance with procedures published by the Commission; and (3) issue recommendations to the President concerning each proposal reviewed.
United States · United States Congress · 3 January 1991
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to eliminate the requirement that the amount of monthly benefits payable to a spouse, surviving spouse, or parent be reduced by the amount such individual receives in monthly payments from a Federal or State pension plan.
United States · United States Congress · 3 January 1991
Amends the Internal Revenue Code to impose a 100 percent tax on income from frozen Iraqi assets. Authorizes the President to modify such tax if the armed forces of Iraq withdraw from Kuwait within the time and in the manner determined by the President.
United States · United States Congress · 3 January 1991
Repeals provisions of the Internal Revenue Code that limit the deductibility of contributions to individual retirement plans by active participants in employer-maintained retirement plans.
United States · United States Congress · 3 January 1991
Family Education Assistance Act of 1991 - Amends the Internal Revenue Code to allow an individual income tax deduction for contributions to a savings account established to pay the educational expenses (tuition, supplies, meals, and lodging) of the taxpayer's child or certain other relatives at an institution of higher education or a vocational school. Limits the deduction to $1,500 annually (adjusted for inflation) for each account. Disallows the deduction for contributions to an account maintained for any individual aged 19 or older. Requires any account balance to be distributed after the beneficiary attains age 30. Permits an exclusion from the gross income of the contributor or the beneficiary of account distributions used to pay educational expenses of the latter. Exempts an account from taxation (except for the tax on unrelated business income of a charitable organization), unless a contributor or the beneficiary engages in specified prohibited transactions in connection with it. Imposes a ten percent surtax on distributions not used for educational purposes. Requires the account trustee to report to the Secretary of the Treasury and to the account's beneficiary concerning the account. Imposes a penalty for failure to report. Allows taxpayers who do not otherwise itemize deductions to deduct for contributions to an education savings account. Imposes penalty taxes in connection with excess contributions or prohibited transactions associated with an account.
United States · United States Congress · 19 October 1990
Authorizes the Secretary of Energy to enter into 30-year agreements with private contractors for the construction, ownership, and operation of specified waste cleanup and modernization facilities if the facilities are: (1) provided at the contractors' expense; (2) near a Federal site under the Secretary's jurisdiction; and (3) support defense waste cleanup, research, or modernization efforts. Prescribes agreement guidelines. Precludes the Secretary from entering into an agreement without prior submission to the Congress of a needs justification with respect to the engagement of a private contractor, and a demonstration that the proposed agreement is in the best economic interests of the United States. Requires the Secretary to report to the Congress regarding the benefits of the agreements entered into, and recommendations for possible extension of the agreement authority.
United States · United States Congress · 18 October 1990
DNA Proficiency Testing Act of 1990 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the use of drug control and system improvement grants for acquiring equipment for a forensic laboratory if each State or unit of local government that acquires such equipment with grant funds certifies to the Director of the Bureau of Justice Assistance that: (1) such equipment will be used to improve the quality of DNA analyses performed by such State or unit of local government; (2) DNA analyses performed at such laboratory will satisfy or exceed specified published guidelines; and (3) DNA analyses performed at such laboratory will undergo, at regular intervals of not to exceed 180 days, proficiency testing in accordance with an approved DNA proficiency testing program and the results of such testing will be made available to the public without charge. Increases authorized appropriations. Requires the Director of the Federal Bureau of Investigation (the Director) to publish in the Federal Register advisory standards for testing the proficiency of forensic laboratories in conducting DNA analyses. Specifies that such standards shall: (1) state criteria to be applied to each procedure used by forensic laboratories to conduct DNA analyses; and (2) be revised periodically by the Director. Authorizes the Director to approve a DNA proficiency testing program offered by a private nonprofit organization if: (1) such program satisfies the then current published standards; and (2) such organization agrees to issue to each forensic laboratory that participates in such program a document certifying that such laboratory participated in such program and specifying the period during which such organization tested the proficiency of such laboratory to conduct DNA analyses. Requires the Director to withdraw approval of a DNA proficiency testing program if such program or organization ceases to satisfy the requirements specified in this Act.
United States · United States Congress · 10 October 1990
Amends the Internal Revenue Code to provide a business tax credit for employers of members of the Ready Reserve or National Guard absent from work on active duty in the amount of 50 percent of the actual compensation amount for the taxable year, plus ten percent of the unpaid compensation amount for the taxable year. Limits such credit to $2,000 with respect to any one Ready Reserve-National Guard employee.
United States · United States Congress · 19 September 1990
Prohibits the Secretary of the military department concerned from: (1) regulating the length of hair or the appearance of facial hair of a member of the armed forces who is a Sikh, if such regulation would abridge the exercise of the religious faith of such member; and (2) determining that a turban worn as an item of religious apparel by a member who is a Sikh is not neat and conservative.
United States · United States Congress · 18 September 1990
National Aeronautics and Space Administration Multiyear Authorization Act of 1990 - Title I: National Aeronautics and Space Administration Authorizations - Authorizes appropriations to the National Aeronautics and Space Administration (NASA) for: (1) research and development; (2) space flight, control, and data communications; (3) construction of facilities; (4) research and program management; and (5) the Inspector General. Permits appropriations for the first two numbered categories to be used for certain items of a capital nature (other than land acquisition) required for the performance of research and development contracts, and for grants to nonprofit educational and research organizations to augment their research facilities. Prohibits the use of these funds for the construction of any major facility whose estimated cost exceeds a specified amount, unless the Administrator of NASA notifies specified congressional committees. Authorizes use of funds from one or more of the numbered categories, subject to limitations, for scientific consultations or extraordinary expenses, for facilities construction, repair, or modification, and for unforeseen programmatic facility project needs. Permits reprogramming of funds for facilities construction, subject to conditions outlined in this Act. Authorizes certain fund transfers and makes available specified funds for the construction and modification of laboratories and other installations. Requires the Administrator to notify specified congressional committees of the nature, cost, and need for such construction before expending the funds in question. Prohibits, until 30 days following congressional receipt of the Administrator's full explanation, the use of funds appropriated pursuant to this Act for any program: (1) deleted by the Congress from original requests; (2) in excess of the amount actually authorized for the particular program; or (3) not presented to either of specified congressional committees. Requires NASA to keep those committees fully and currently informed regarding all activities within their jurisdiction. Amends the National Aeronautics and Space Act of 1958 to add to the functions of the Administration those of: (1) seeking and encouraging the fullest commercial use of space; and (2) encouraging and providing for Federal Government use of commercially provided space services and hardware. Authorizes appropriations to carry out the activities of the National Space Council, making a limited amount available for official reception and representation expenses. Requires the Council to reimburse other agencies for at least half of the personnel compensation costs of individuals detailed to it. Directs the Administrator to award to a domestic firm a contract that, under the use of competitive procedures, would be awarded to a foreign firm, if certain conditions exist. Directs the Administrator to submit to specified congressional committees certain reports relating to the Advanced Solid Rocket Motor. Declares it to be U.S. policy to use the space shuttle: (1) for purposes that require the presence of man or the unique capabilities of the shuttle; or (2) when other compelling circumstances exist, including those related to national security or foreign policy. States that the policy does not preclude carrying secondary payloads that do not require the presence of man if consistent with the requirements of research, development, demonstration, scientific, commercial, and educational programs authorized by the Administrator. Requires the Administrator to submit to the Congress a plan for implementing the policy. Directs the Administrator to: (1) review proposed manned space flight missions with regard to identifying the human factors knowledge base necessary and developing a schedule of when specified components of information will need to be acquired or developed; (2) develop a strategic plan for life sciences research and technology development, including a crew certification plan and a life sciences implementation plan; and (3) verify the physiological technical feasibility of the life sciences implementation plan. Directs the National Space Council to conduct a study and report to the Congress on International Cooperation in Planetary Exploration with regard to; (1) developing an inventory of technologies and intentions of all national space agencies; (2) seeking ways to enhance the planning and exchange of information; (3) preparing a proposal for efficient use of resources; (4) developing priority goals for needs that could not be achieved by any individual country; (5) exploring the possibilities of international unmanned probes and international manned missions; and (6) devising strategies for cooperation that would prevent unwanted transfer of technology. Establishes within the Department of Commerce an Office of Space Commerce to coordinate space-related issues, programs, and initiatives within the Department. Authorizes appropriations. Directs the Secretary of Defense and the Administrator of NASA to jointly establish a National Aero-Space Plane program to develop a primarily air breathing single-stage-to-orbit and long-range hypersonic cruise research flight vehicle. Prescribes the respective responsibilities of the Secretary and the Administrator. Directs the Secretary and the Administrator to develop and submit to the Congress a management plan that includes goals, tasks, schedules, and resource procurement strategies. Requires the Secretary to be responsible for at least two-thirds, and the Administrator to be responsible for not more than one-third, of the costs of the program. Amends the Commercial Space Launch Act to authorize appropriations to carry out the Act. Amends provisions requiring a license for private space launch operations to declare that a license is not required if an agency assumes responsibility for the launch. Directs the Secretaries of Defense and Transportation and the Administrator to jointly develop regulations establishing criteria for such assumption. Requires the Secretary of Transportation to encourage States, as well as the private sector, to acquire, by lease, sale, or other transaction, excess U.S. launch property. Directs the Administrator to contract with the National Academy of Public Administration for a review of the organizational and institutional preparedness of NASA to undertake major new initiatives in science and human exploration. Requires the contract to include a report: (1) estimating the human resources required to carry out this title; (2) describing the structure of NASA; (3) describing the role and relationship of other Federal agencies, Federal laboratories, and the private sector in carrying out the Nation's space program; and (4) recommending administrative changes. Declares that it is U.S. policy to: (1) conduct space activities in a manner that does not increase orbital space debris; and (2) engage other spacefaring nations to develop an agreement to ensure that such debris is not increased. Authorizes the Administrator to spend excess funds appropriated for orbiter production to maintain the space shuttle orbiter production line and related production lines of orbiter subcontractors. Requires, in any agreement entered into by NASA for an Industrial Application Center, that the center be allowed to retain all client income without any deductions from appropriated funds received or to be received by that center. Requires the Administrator to contract with the National Academy of Public Administration for a cost and benefit analysis of the Shuttle-C program. Requires any automotive stirling engine demonstration program sponsored by NASA to utilize natural gas and, if not natural gas, methanol or ethanol. Title II: Launch Services Purchase - Launch Services Purchase Act of 1990 - Requires NASA to purchase launch services for its primary payloads from commercial providers. Allows exceptions on a case-by-case basis if the Administrator determines that: (1) the payloads requires the unique capabilities of the space shuttle; (2) cost effective commercial services to meet mission requirements are not reasonably available; or (3) the use of commercial services poses an unacceptable risk of loss of a unique scientific opportunity. Requires the determination to be made at Preliminary Design Review and prohibits it from being delegated. Allows launch vehicles to be acquired or owned by NASA, except for historical displays, only as required by such exceptions or for conducting research, development, and testing of launch technology. Requires contracts to provide launch services to NASA to be awarded on the basis of full, fair, and open competition. Requires NASA to limit its requirements for submission of cost or pricing data in support of a bid or proposal. Requires performance specifications, not detailed Government design or construction specifications, to be used. Prohibits acceptance of commercial payloads for launch as primary payloads on the space shuttle unless: (1) the payload requires unique shuttle capabilities; or (2) launching on the shuttle is important for national security or foreign policy purposes.
United States · United States Congress · 13 September 1990
Confers jurisdiction upon the United States Claims Court to hear and render judgment on land claims by the Pueblo of Isleta Indian Tribe of New Mexico against the United States. Authorizes such Court to award: (1) interest accrued from the date such lands were acquired by the United States; and (2) cost of suit and reasonable attorney's fees to any prevailing party, other than the United States. Specifies that any award made to other Indian tribes with respect to lands subject to such claims shall not be considered a defense, estoppel, or set-off to such claim or otherwise affect relief with respect to such claim.
United States · United States Congress · 13 September 1990
Department of Energy Science Education Act - Directs the Secretary of Energy (the Secretary) to establish a Science, Mathematics and Engineering Education Advisory Board (the Board) to provide guidance and assistance for the establishment of the science, mathematics, and engineering education programs of the Department of Energy (the Department) research and development facilities. Requires the Board to report annually to the Secretary and the Congress. Directs the Secretary to develop, with Board advice, a plan for the science, mathematics, and engineering program of the Department's research and development facilities. Requires the Secretary to review such plan annually and report to the Congress on it with the Department's annual budget request. Directs the Secretary to combine the Nuclear Engineering Research and Education Program and the University Research Reactor Program into one program to be called the Nuclear Engineering Education and Research Reactor Program. Directs the Secretary to establish a national clearinghouse to enable the Department's research and development facilities to share, with each other and the education community nationwide, reports, teaching aids, and support materials for science, mathematics, or engineering education. Requires coordination with any other related Federal clearinghouses or related clearinghouses at such facilities. Directs the Secretary to establish a program of paid administrative leave for employees of the Department or its research and development facilities who volunteer to interact with schools, colleges, universities, teachers, or students for science, mathematics, and engineering education. Directs the Secretary to develop alternatives to full Federal funding of science, mathematics, and engineering education programs of the Department's research and development facilities, including use of resources of colleges, universities, local and national businesses, and local and State education agencies. Directs the Secretary to establish a volunteer talent pool of scientists, mathematicians, and engineers who have retired from the Department or its research and development facilities to serve as "Scientists in Residence" at schools. Directs the Secretary, through such facilities, to identify and match such scientists with such schools and districts. Directs the Secretary to establish a Young Americans' Summer Science Camp Program to provide secondary school students with hands-on science experience, exposure to working scientists, and career counseling. Requires such Camps to: (1) be conducted at participating colleges and universities; (2) consist of at least two sessions of two weeks each in the first year of operation, with at least 50 participants in each session at each location; and (3) obtain all financing, after the first four years of operation, through private or other non-Federal sources. Directs the Secretary, by the end of the second year of operation, to expand the program to provide guidance and assistance to other organizations to create similar camps. Makes this Act inapplicable to: (1) activities of the Department or its contractors that are funded as national defense production activities; and (2) science, mathematics, and engineering programs administered under elements of the Department other than the Office of Energy Research.
United States · United States Congress · 12 September 1990
Patent Competitiveness and Technological Innovation Act of 1990 - Title I: Patents in Space - Patents in Space Act - Amends Federal patent law to provide that any invention made, used, or sold in outer space on a space object or component under the jurisdiction or control of the United States shall be considered made, used, or sold within the United States unless: (1) it has been specifically identified and otherwise provided for in an international agreement which the United States has signed; or (2) it is carried on the registry of a foreign state in accordance with the Convention on Registration of Objects Launched into Outer Space. Declares that any invention carried on such registry shall be considered made, used, or sold within the United States if it has been specifically so agreed in an international agreement between the United States and the state of registry. Applies this provision to all patents granted before, on, or after the date of enactment of this Act, with certain exceptions. Title II: Transgenic Animal Patent Improvements - Transgenic Animal Patent Improvement Act - Amends Federal patent law to declare that it shall not be an act of infringement for a person to: (1) reproduce a patented transgenic farm animal through breeding; (2) use it in the farming operation; or (3) sell it or its reproductive material in the farming operation (including germ cells, sperm, eggs or embryos). Authorizes the Commissioner of Patents and Trademarks to accept a deposit of biological material to satisfy patent application requirements. Declares that human beings are not patentable subject matter. Title III: Patent Remedy Clarification - Patent Remedy Clarification Act - Amends Federal patent law to declare that neither the States, their officers, nor their instrumentalities are immune from infringement liability. Provides the same remedies for infringement against State entities as are available against any private entity. Title IV: Research, Experimentation, an Competitiveness - Research, Experimentation, and Competitiveness Act of 1990 - Amends Federal patent law to declare it shall not be an act of infringement to make or use a patent invention solely for research or experimentation purposes unless the invention's primary purpose is research or experimentation. States that if a patented invention has a primary purpose of research or experimentation it shall not be an act of infringement to study, evaluate, or characterize it to create a product outside the scope of the patent covering the invention. Title V: Contractor Invention Rights - Contractor Invention Rights Act - Amends Federal patent law regarding patent rights in inventions made with Federal assistance to outline the parameters of contractors rights in inventions developed pursuant to a Federal contract. Directs the Secretary of Energy to: (1) consider certain principles of national security and sensitive information when implementing contractor invention rights; and (2) review contractor standards of conduct for resolving potential conflicts of interest, including those involving Department of Energy personnel, contractors, or the current business associates of former Department of Energy employees.
United States · United States Congress · 11 September 1990
Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to subject the pay of the Vice President, Members of Congress, the Director of the Office of Management and Budget, and heads of cabinet departments of the executive branch to sequestration. Expresses the sense of Congress that the President forgo pay equal to the percentage reduction in effect under an order relating to the budget account for the Office of the President.
United States · United States Congress · 3 August 1990
Establishes the National Atomic Museum on the grounds of the Kirtland Air Force Base, New Mexico. Authorizes the Secretary of Energy to establish permanent or temporary advisory committees to provide studies, consultation, advice, or assistance to the museum.
United States · United States Congress · 3 August 1990
Amends Federal law to authorize the Attorney General to grant conditional permanent resident status to certain alien participants in the witness security program. Directs the Attorney General to: (1) remove the conditional basis of such permanent resident status two years after its initial granting; and (2) terminate permanent resident status if Federal protection is terminated before the end of such two-year period.
United States · United States Congress · 3 August 1990
Expresses the sense of the House of Representatives that the Congress should retain the current Federal tax deduction for State and local income and property taxes.
United States · United States Congress · 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 · 19 July 1990
Prohibits the receipts and disbursements of the Highway Trust Fund (for both the Federal Aid Highway program and the Mass Transit Account) and the Airport and Airway Trust Fund which are allocable to the transportation-related operations of such Funds from being included in either the Federal budget as submitted by the President, or in the congressional budget. Exempts such trust funds from any general statutory budget limitation. Amends the Airport and Airway Improvement Act of 1982 to require the Secretary of Transportation to estimate: (1) the amount of unfunded aviation authorizations at the close of the next fiscal year; and (2) the net aviation receipts for the 24-month period beginning at the close of such fiscal year. Prescribes adjustment procedures for certain unfunded aviation authorizations and for aviation apportionments. Requires the Secretary to report such estimates to specified congressional committees. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to exempt specified Airport and Airway Trust Fund and Highway Trust Fund activities from any sequestration order issued under a certain section of the Act. Amends the Congressional Budget and Impoundment Control Act of 1974 to: (1) exclude receipts and disbursements allocable to transportation-related operations of the Funds in calculating the Federal budget deficit; and (2) prohibit the Congress from considering specified changes to such Funds.
United States · United States Congress · 13 July 1990
FHA Protection and Homeownership Preservation Act of 1990 - Amends the National Housing Act to limit the maximum amount of a Federal Housing Administration (FHA) insured mortgage principal to a property's appraised value. Sets forth periodic premium payment schedules. Limits FHA rebates on unearned premiums. Directs the Secretary of Housing and Urban Development to: (1) insure that the Mutual Mortgage Insurance Fund attains specified capital ratios; (2) conduct annual Fund audits; and (3) adjust premiums as necessary. Authorizes periodic mortgage insurance safety premiums.
United States · United States Congress · 12 July 1990
Support for Democracy and Human Rights in China Act of 1990 - Prohibits most-favored-nation treatment for Chinese products. Terminates such prohibition upon the President's certification to the Congress that China: (1) has ceased committing violations of internationally recognized human rights; (2) has ceased persecution of pro-democracy movement members; (3) permits unrestricted emigration; and (4) has ceased religious persecution in China and Tibet.
United States · United States Congress · 28 June 1990
Restitution Enhancement and Personal Accountability Act of 1990 - Title I: Expansion and Improvement in Administration of Restitution Orders - Amends the Federal criminal code to order criminal defendants to pay, as part of appropriate restitution expenses, prosecution and incarceration expenses as well as the cost of services provided to defendants as part of a drug or alcohol rehabilitation or job training or life skills program. Gives the sentencing court discretion to consider the financial needs of the defendant's dependents in the issuance of an order of restitution. Directs the Attorney General to promulgate rules and regulations for procedures to ensure that crime victims: (1) receive maximum appropriate restitution for injury or loss sustained as the result of a criminal act; and (2) receive proper and full notice as to the filing of charges against a suspected offender and the right to be heard by the sentencing court before the acceptance of a plea agreement disposing of the case. Requires the Department of Justice (DOJ), the Postal Inspection Service, the Federal Bureau of Investigation, and such other departments and agencies as designated by the Attorney General to incorporate into training programs for officers and employees assistance in the performance of their duties in connection with restitution. Requires the heads of such agencies to report to the Director of the Office of Victims Assistance of DOJ on agency success in identifying and notifying crime victims, including any officer and employee training and incentives program. Title II: Incentive Grants for Establishment of Restitution Centers - Requires DOJ to make grants to States for the establishment of programs for the placement of nonviolent offenders in restitution centers, which would: (1) provide such offenders the opportunity to earn adequate resources to compensate their crime victims; and (2) place such offenders in an environment conducive to their rehabilitation. Authorizes a State correctional agency or department to apply for such a grant to establish or expand a restitution center. Outlines grant application requirements. Allows States to use surplus Federal lands and facilities as sites for the restitution centers. Authorizes appropriations for such grants.
United States · United States Congress · 28 June 1990
Property Settlement Integrity Act of 1990 - Amends Federal bankruptcy law to preclude from a discharge in bankruptcy liabilities incurred under the terms of a property settlement agreement entered into in connection with a separation agreement or divorce decree.
United States · United States Congress · 27 June 1990
Urges the President to enter into negotiations with the President of Romania to reach an agreement that would allow American families to adopt Romanian children.
United States · United States Congress · 26 June 1990
Indoor Air Quality Act of 1990 - Directs the Administrator of the Environmental Protection Agency (EPA) to establish a national research, development, and demonstration program to ensure the quality of indoor air and to coordinate and accelerate efforts related to the causes, detection, and correction of contaminated air. Authorizes the Administrator to assist technology demonstration projects which reduce exposure to indoor air contaminants, provided certain conditions are met. Limits Federal funding for such projects to 75 percent of the total costs. Directs the Administrator to consider indoor human exposure to contaminants when developing air quality standards and emissions standards for hazardous air pollutants under the Clean Air Act. Requires the Administrator to: (1) conduct a national assessment to survey the seriousness and extent of indoor air contamination in buildings owned by local educational agencies and child care facilities; and (2) establish an advisory group of interested parties to provide guidance and direction in developing such assessment. Directs the Administrator to enter into an agreement with the National Academy of Sciences (NAS) for the Board on Environmental Studies and Toxicology to study and report to the Congress on chemical sensitivity disorders. Requires the Administrator to enter into an agreement with the NAS for the Institute of Medicine to study indoor allergens. Directs the Administrator to publish bulletins providing an assessment of technologies and management practices for the control and measurement of indoor air contaminants. Requires the Director of the National Institute for Occupational Safety and Health to develop a model indoor air quality training course to provide training in ventilation system operation and maintenance and in identifying and reducing indoor air contaminant exposures. Authorizes the Director to establish a fee for such training. Requires the Administrator to publish health advisories on indoor air contaminants that are known to occur at concentrations which may have adverse human health effects. Lists substances to be addressed by such advisories. Provides for the revision of advisories at least every five years. Requires a technology and management practice bulletin to be published concurrently with each advisory addressing a specific contaminant. Directs the Administrator to publish a strategy for a national response to indoor air quality problems. Requires the Administrator to conduct research on radon and radon progeny measurement methods and protocols. Directs the Administrator to issue guidance documents that: (1) provide information on the results of such research; and (2) describe model State radon measurement and mitigation programs. Requires the Administrator to establish a mandatory program that requires: (1) products offered for sale, or devices used in connection with public services, for radon measurement to meet minimum performance criteria; and (2) operators of devices, or persons employing techniques, used in connection with public services for radon measurement to meet minimum proficiency levels. Directs the Administrator to establish user fees for persons seeking certification under such program. Provides for the deposit of such fees into a Radon Service Account. Requires the national indoor air quality response strategy to evaluate: (1) the range and reliability of indoor air quality diagnostic and mitigation services; and (2) the range of knowledge and mastery of indoor air quality and energy efficiency techniques of ventilation system operators. Provides for the biennial update of such strategy. Requires the Director to: (1) develop a program to evaluate indoor air contamination in Federal buildings; and (2) develop and disseminate to all Federal agencies a model indoor air quality remediation program. Directs Federal agencies responsible for Federal buildings to submit to the Director a specific remediation program for each building, with priority given to buildings based on the health threat and numbers of persons exposed. Requires the Director to review at least five percent of such programs and assess their ability to improve indoor air quality. Directs such agencies to implement systematic programs for the assessment of indoor air quality and the correction of conditions resulting in inadequate air quality. Requires Federal agencies responsible for the design and construction of buildings for Federal occupancy to employ up-to-date design, commissioning, and operating practices for optimal indoor air quality and energy efficiency. Directs persons entering into new leases or lease renewal contracts for Federal buildings to require building owners to demonstrate and guarantee that the building is operating at design specifications for the existing ventilation system and that all portions of the building are accessible for indoor air quality monitoring and evaluation. Provides that buildings that operate at current ventilation rate standards shall be given priority for leasing when available at competitive cost. Requires Federal agencies to designate an Indoor Air Quality Coordinator for each Federal building. Directs Coordinators and their assistants to complete an indoor air training course. Authorizes grants to: (1) States for the development and implementation of indoor air quality management strategies; and (2) States and local air pollution control agencies for air quality response programs. Sets forth grant limitations and selection criteria. Directs the Administrator to establish the Office of Indoor Air Quality within the EPA Office of Air and Radiation. Establishes a Council on Indoor Air Quality to coordinate Federal indoor air quality activities and review and comment on the national indoor air response strategy. Requires the Indoor Air Panel of the EPA Science Advisory Board to be expanded to include technical advisors with expertise in technologies and management practices for the control and measurement of indoor air contaminants. Directs the Administrator to establish a national indoor air quality clearinghouse which shall operate a toll-free hotline on indoor air quality. Requires the Director to implement a building Assessment Demonstration Program to support the development of methods, techniques, and protocols for assessing indoor air contamination in non-residential, non-industrial buildings and to provide contamination reduction assistance and guidance to building owners and occupants. Sets forth building assessment report requirements. Repeals the Radon Gas and Indoor Air Quality Research Act of 1986. Authorizes appropriations.
United States · United States Congress · 21 June 1990
Expresses the sense of the House of Representatives that the memory of Walt Disney should be honored on the 35th anniversary of his contribution to the American dream (the opening of Disneyland).
United States · United States Congress · 14 June 1990
Establishes the Financial Services Crime Division within the Department of Justice (DOJ), to be headed by an Assistant Attorney General (AAG). Requires the AAG to be responsible for ensuring that all investigations and prosecutions are coordinated within DOJ to: (1) provide the greatest use of civil proceedings and forfeitures to attack the financial resources of those who have committed fraud or engaged in other criminal activity in or against the financial services industry; and (2) ensure that adequate resources are made available in connection with criminal investigations and prosecutions of fraud and other criminal activity in the industry. Establishes the position of Deputy Assistant Attorney General of the Division. Designates all field offices established by the Attorney General for purposes of this Act as the Financial Services Crime Division Strike Forces. Requires the Division to coordinate its activities with other Federal agencies in the investigation and prosecution of crime in the financial services industry. Requires semiannual Division reports to the Congress. Authorizes appropriations.
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 · 14 June 1990
Creates in the House of Representatives a Select Committee to Investigate Financial Institution Fraud, Mismanagement, Oversight, and Supervision to conduct a full and complete investigation and study of fraud, mismanagement, oversight, and supervision in federally and State insured financial institutions.
United States · United States Congress · 13 June 1990
Amends the Federal Election Campaign Act of 1971 to revise the definition of a "contribution or expenditure" by a national bank, corporation, or labor organization to: (1) include communications to influence any election for Federal office by a corporation to its stockholders and executive or administrative personnel and their families or by a labor organization to its members and their families; and (2) repeal provisions excluding non-partisan registration and get-out-the-vote campaigns. Requires any payments by corporations or labor organizations for all other communications and for the establishment of, and solicitation of contributions for, a separate segregated fund for purposes relating to any such election to be disclosed to the Federal Election Commission in the same manner as for contributions or expenditures. Amends the Federal Election Campaign Act of 1971 to subject to the limitations and reporting requirements for expenditures any payment for a mixed political activity (an activity, such as a voter registration program, for both influencing an election for Federal office and for other purposes) by a national or State committee of a political party. Requires such a payment to be made only from an account subject to the requirements of that Act.
![Official portrait of Rep. Schiff, Steven [R-NM-1]](https://www.congress.gov/img/member/s000125_200.jpg)