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 · 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 · 13 September 1990
Farm and Forestry Energy Conservation Act of 1990 - Directs the Secretary of Agriculture, through the Soil Conservation Service, to establish a Federal energy conservation program with respect to: (1) tillage practices; (2) chemical and fertilizer use; (3) irrigation management; (4) livestock management; (5) horticulture; and (6) wood utilization. Directs the Secretary to make grants to individuals or institutions for eligible energy conservation projects. Limits such grant amounts, but authorizes a higher limit for institutions converting their heating systems to wood burning ones. Requires an eligible State to establish a State energy conservation review panel. Directs the Secretary to provide demonstration projects and make educational and technical assistance available. Authorizes appropriations.
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
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 · 31 July 1990
Provides that the rate of pay of Members of Congress, judicial officers, and Executive Schedule positions shall be that in effect as of November 1, 1989. Repeals provisions of the Ethics Reform Act of 1989 which provided for a 25 percent salary increase beginning in 1991 for legislative, judicial, and Executive Schedule positions. States that nothing in this Act shall have the effect of reducing the pay of any individual whose compensation may not, under certain provisions of the U.S. Constitution, be diminished during such individual's continuance in office. Continues the current adjustment method.
United States · United States Congress · 27 July 1990
Orchard Disaster Assistance Act of 1990 - Amends the Disaster Assistance Act of 1989 to: (1) extend disaster assistance to orchardists who suffered tree losses in 1990; and (2) authorize 1990 assistance for apple and cherry crop losses under specified circumstances.
United States · United States Congress · 26 July 1990
Provides that actuarial assumptions used in determining funding limits for pension plans shall be treated as reasonable if they are within the guidelines set forth in the Actuarial Guidelines Handbook (an Internal Revenue Service manual).
United States · United States Congress · 24 July 1990
Nonconventional Fuels Credit Extension and Modification Act of 1990 - Amends the Internal Revenue Code to extend the credit for producing fuel from a nonconventional source to wells or facilities in service before January 1, 1993 (currently, January 1, 1991) and sold before January 1, 2001. Redefines gas produced from a tight formation to include only gas: (1) which is committed or dedicated on April 20, 1977, to interstate commerce; or (2) which is produced from a well drilled after the date of enactment of this Act.
United States · United States Congress · 23 July 1990
Title I: Budget Process Reform - Amends the Congressional Budget Act of 1974 to establish a Joint Committee on the Budget to replace and assume the current functions and duties of the Budget Committees of the Senate and House of Representatives. Amends the Standing Rules of the Senate and the Rules of the House of Representatives to reflect the establishment of the new Joint Committee. Lists matters within the Committee's jurisdiction. Establishes a two-year budgeting cycle, but continues annual appropriations legislation. Devotes the first session of any Congress to action on a joint resolution on the biennial budget, subject to the following revised deadlines: (1) April 15 for the Joint Budget Committee to report its joint resolution; (2) May 15 for the Congress to complete action on the resolution; and (3) September 30 for the Congress to complete action on annual appropriations bills and on reconciliation legislation. Shifts the budget resolution from a concurrent to a joint resolution form (thereby requiring the President's signature). Revises the resolution to separate committee allocations of budget and credit authority and budget outlays into the following functional totals: (1) defense discretionary; (2) defense entitlement and mandatory; (3) domestic discretionary; (4) domestic entitlement and mandatory; (5) international affairs discretionary; (6) international affairs entitlement and mandatory; (7) offsetting receipts; and (8) net interest. Requires the Director of the Congressional Budget Office to issue four-year projections of congressional budget action. (Current projections are on a five-year basis.) Amends Federal law to require the President's budget for a biennium to be set forth in the same accounts as those set forth in the Budget Accounts Listing in the budget submitted for FY 1991. Requires the President to consult with committees having jurisdiction over programs affected by proposed changes before any changes may be made in the budget tables. (Current law requiring consultation with the Budget and Appropriations Committees remains unchanged.) Conforms provisions governing the President's budget to the biennial framework. Directs the President to transmit during the first 15 days of the second session any budget revisions with respect to the budget transmitted in the first session, whose deadline is changed to the 15th day after the session begins. Makes allocations subsequent to the joint budget resolution only to the Appropriations Committees, for subdivision among their subcommittees by the relevant major functional categories. Requires that if the Congress has not adopted a joint budget resolution by May 15 for the biennium that begins on October 1 of that year, it will be deemed to have adopted the resolution at the baseline level under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) with reductions assumed as necessary to meet maximum deficit target amounts. Appropriates as continuing appropriations amounts effective for the preceding fiscal year if a regular appropriations bill has not become law before the beginning of the fiscal year. Requires both the President and the Congress to draft a budget based on estimates of current fiscal year spending, proposing increases or decreases based on this level (rather than on an estimated baseline). Amends the Congressional Budget Act of 1974 to require the Congressional Budget Office to use such a current fiscal year baseline in its report to the congressional budget committees, projecting growth for entitlement and discretionary spending based on current fiscal year spending. Requires the President to notify the Congress of any budget rescission before the close of the third calendar day after the date of enactment of any law providing such budget authority. Prohibits making such amounts available for obligation unless, within ten legislative days, the Congress has completed action on a rescission bill disapproving the proposed rescission. Prohibits the House of Representatives or the Senate from considering any legislation which provides for new entitlement authority, or which raises revenues, if it contains any other item. Provides that any bill or resolution which contains provisions in violation of the congressional budget process or fiscal procedures may not pass the House of Representatives, except by two-thirds vote, unless a congressional declaration of war is in effect. Amends rule XI of the Rules of the House of Representatives to prohibit the Committee on Rules from reporting any rule or order which would set aside such two-thirds requirement. Amends Federal law to prohibit any law, regulation, or administrative action that transfers an outlay, receipt, or revenue from one fiscal year to another fiscal year from being treated as reducing budget authority, spending authority, credit authority, or outlays, or increasing revenues, receipts, or collections, in computing deficit reduction for purposes of the Congressional Budget Act of 1974, the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act), and the Federal budget process. Applies such provision to any law which extends an expiring law. Provides that in the case of new entitlement authority effective during a fiscal year, the first 12 months of such new entitlement authority shall be counted against the appropriate committee's allocation for such fiscal year. Prohibits counting as savings any provision of law which would cause an increase in budget authority, spending authority, credit authority, or outlays or a reduction in revenues for either fiscal year in the biennium to which the concurrent resolution applies and each of the next two fiscal years in the next biennium. Title II: Social Security Preservation - Repeals inclusion of receipts and disbursements of the Federal Old Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund in the calculation of maximum deficit amounts. Provides that all interest payments by the Treasury to the trust funds shall be outlays of the Treasury for purposes of calculating the deficit. Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to extend from September 30, 1992, until September 30, 1998, the prohibition on extraneous matters in reconciliation measures in the Senate. Amends the Congressional Budget Act of 1974 to prohibit the Congress from considering legislation that would decrease the actuarial soundness of the social security trust funds, unless three-fifths of the Members vote to waive or suspend such prohibition. Amends Federal law to require the Secretary of the Treasury to pay benefits under title II of the Social Security Act (Old-Age, Survivors and Disability Insurance) on the date such benefits are required to be paid. Authorizes the Secretary, only for purposes of paying such benefits, to issue obligations in excess of the public debt limit as necessary. Title III: Sense of Congress Regarding Constitutional Amendments - Expresses the sense of the Congress that the Congress should agree to H.J. Res. 110, 101st Congress, proposing an amendment to the Constitution allowing an item veto in appropriations bills. Expresses the sense of the Congress that the Congress should agree to H.J. Res. 268, 101st Congress, proposing an amendment to the Constitution to provide for a balanced budget and for greater accountability in the enactment of tax legislation.
United States · United States Congress · 20 July 1990
Amends the Fair Labor Standards Act of 1938 to provide that its coverage shall extend only to employees of enterprises engaged in commerce or in the production of goods for commerce.
United States · United States Congress · 20 July 1990
Declares that the tax burden on Americans should be lessened, not increased, and that foreign nationals and entities owning businesses in the United States should be forced to pay their fair share of taxes.
United States · United States Congress · 19 July 1990
State Thrift Deposit Insurance Premium Act of 1990 - Amends the Federal Deposit Insurance Act to direct the Federal Deposit Insurance Corporation to determine and apportion among the States the cumulative cost of Federal assistance provided to State-chartered savings associations for case resolutions. Declares as "high risk" any State whose share of State resolution costs exceeds twice its share of 1980 State deposits. Mandates that each high risk State pay to the Savings Association Insurance Fund prescribed premiums reflecting such risk. Sets forth insurance termination procedures if a State fails to pay the required premium. Requires depositor notification of such insurance termination.
United States · United States Congress · 11 July 1990
Designates August 1, 1990, as Helsinki Human Rights Day. Authorizes and requests the President to: (1) reassert American commitment to the Helsinki Accords; (2) raise the issue of noncompliance with such Accords with any signatory nation which may be in violation; (3) convey to all signatories of such Accords that respect for human rights and fundamental freedoms is vital to progress in the ongoing Helsinki process; and (4) develop new proposals to advance the human rights objectives of the Helsinki process, including the self-determination of peoples.
United States · United States Congress · 10 July 1990
Designates September 16 through 22, 1990, as National Rehabilitation Week. Urges each State Governor and local government chief executive to issue proclamations calling upon their citizens to observe such week with appropriate ceremonies and activities.
United States · United States Congress · 28 June 1990
Aviation Security Improvement Act of 1990 - Title I: Aviation Security - Establishes as a position within the Department of Transportation an Assistant Secretary for Transportation Security and Intelligence, appointed by the President for a term of five years, who shall be responsible for the development of transportation security. Requires the Secretary of Transportation to report annually to the Congress on transportation security, including appropriate recommendations. Amends the Federal Aviation Act of 1958 to establish the position of Assistant Administrator for Civil Aviation Security. Requires the Assistant Administrator to review and prescribe measures to strengthen: (1) controls over checked baggage in air transportation, including measures to ensure baggage reconciliation with respect to passengers who meet Federal Aviation Administration (FAA) criteria as possibly having explosive devices in such baggage; (2) control of individuals with access to aircraft; (3) testing of security systems; (4) use of modern x-ray equipment; and (5) prescreening of passengers. Directs the Administrator of the FAA (Administrator) to establish the position of Federal Security Manager and initiate placement of such managers at U.S. airports. Sets forth the duties of such managers. Requires the Administrator to establish the position of Foreign Security Liaison Officer, who shall be stationed outside the United States and be liaison of the Assistant Administrator with foreign security authorities concerning implementation of Federal Security requirements. Directs the Administrator to issue regulations that subject air carrier personnel with unescorted access to domestic and foreign aircraft or secured areas of domestic airports serving U.S. or foreign air carriers to preemployment and postemployment investigations, including fingerprinting. Requires the Administrator and the Attorney General to establish fees to cover expenses incurred in carrying out this Act. Directs the Administrator of the FAA to prescribe standards for the hiring, continued employment, and contracting of air carrier and airport security personnel. Requires the Administrator 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 board to review and advise on the progress of such program. 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 Postmaster General to issue regulations to permit the screening by air carriers of mail not sealed against inspection. Requires the Administrator to require screening of mail and cargo by air carriers or their agents before the transport of such materials. Directs the Administrator to develop model standards 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 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 intelligence community and the FAA to review and revise all memoranda of understanding and other agreements between them. 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 airports. Establishes within the Department the position of Coordinator for International Aviation Security. Requires the Administrator to require all air carriers, including foreign air carriers, to provide a passenger manifest of any flight to appropriate representatives of the Department not more than one hour after such 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 purchase and installation of machines able to read U.S. passports and facilitate the collection of specified data. 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 (Secretary) to issue guidelines to provide that in the event of an aviation disaster 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 that in the event of an international aviation disaster involving U.S. citizens abroad 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 aviation 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 propose a protocol to the Convention for the Unification of Certain Rules Relating to International Transportation by Air (the Warsaw Convention) which would raise the limit on carrier liability above the $130,000 limit set under Montreal Protocol Three. 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. Requires the Secretary to issue regulations to establish, under the Bureau of Consular Affairs, an electronic bulletin board accessible to the general public.
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 · 28 June 1990
Expresses the sense of the Congress that American workers, farmers, and businesses should not finance the savings and loan bailout through tax increases.
United States · United States Congress · 27 June 1990
Depository Institutions' Civil and Criminal Enforcement Act - Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to change the amount of civil penalty assessed for specified violations from up to $1,000,000 to 25 percent of the violator's net worth. Removes special penalty rules for continuing violations and violations creating gain or loss. Amends Federal criminal law to impose a minimum two-year prison term for certain violations, including theft and embezzlement, involving depository institutions and a minimum one-year prison term for obstruction of justice.
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
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 · 7 June 1990
Savings Association Law Enforcement Improvement Act of 1990 - Directs the Attorney General to: (1) take action to increase the investigation and prosecution of savings association criminal misconduct; (2) take increased action to recover or obtain restitution for losses incurred as a result of savings association fraud or embezzlement; and (3) make quarterly reports to certain congressional committees on the status of savings association criminal investigations and prosecutions and the progress in recovering amounts lost to fraud and embezzlement.
United States · United States Congress · 7 June 1990
Enterprise Zone Jobs-Creation Act of 1990 - Title I: Designation of Enterprise Zones - Authorizes the Secretary of Housing and Urban Development (Secretary) to designate enterprise zones for purposes of providing tax and regulatory relief and improving local services. Limits choices to areas nominated by States and local governments. Limits the total number of areas that may be designated, and the time period of the designation. Authorizes the Secretary to designate a zone only if the area meets certain locational, demographic, unemployment, and poverty criteria. Requires nominating local governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action that may include reducing tax rates, improving local services, simplifying or streamlining regulation of business, and providing job training to area residents. Describes areas to which the Secretary must give preference in selecting areas for designation. Requires the Secretary to report to the Congress every four years on the effects of such enterprise zones' designation in accomplishing the purposes of this Act. Title II: Federal Income Tax Incentives - Allows a nonrefundable income tax credit to enterprise zone employees for five percent of any wages earned as do not exceed a specified amount. Phases out such credit. Provides for the nonrecognition of capital gain on the sale of enterprise zone property. Allows a taxpayer a deduction on the aggregate amount paid for the purchase of enterprise stock on its original issue by a qualified issuer. Requires any gain from the disposition of the stock to be treated as ordinary income. Title III: Regulatory Flexibility - Amends Federal law to revise the definition of "small entity" for purposes of the analysis of regulatory functions to include qualified business, government, and nonprofit enterprises operating within enterprise zones. Authorizes Federal agencies, upon request by a designating government, to waive or modify rules and regulations pertaining to the implementation of projects or activities within an enterprise zone. Requires agencies to approve the request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in retaining the rule unchanged. Disallows waiver or modification of a rule that would directly violate a statutory requirement or present a danger to the public health and safety. Title IV: Establishment of Foreign-Trade Zones in Enterprise Zones - Requires the Foreign-Trade Zone Board to consider on a priority basis and to expedite the processing of applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones. Title V: Repeal of Title VII of the Housing and Community Development Act of 1987 - Repeals Title VII (enterprise zone development) of the Housing and Community Development Act of 1987.
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 · 5 June 1990
1992 Olympic Commemorative Coin Act - Directs the Secretary of the Treasury to issue 1992 Olympic Games commemorative five-dollar gold coins and one-dollar silver coins. Prescribes guidelines for the sale and pricing of such coins and directs the Secretary to ensure that their issuance will not result in any net cost to the United States. Mandates that surcharges be paid to the U.S. Olympic Committee.
United States · United States Congress · 24 May 1990
Designates: (1) the House of Representatives office building at C Street and New Jersey Avenue, Southeast, District of Columbia, known as House of Representatives Office Building Annex No. 1, as the Thomas P. O'Neill, Jr. House of Representatives Office Building; and (2) the House office building at 3d and D Streets, Southwest, District of Columbia, known as House of Representatives Office Building Annex No. 2, as the Gerald R. Ford House of Representatives Office Building.
United States · United States Congress · 22 May 1990
Makes it unlawful, after the establishment of a national hotline under this Act, for a licensed firearms dealer who knows of the existence of such hotline to transfer any firearm to a person if the dealer has not: (1) contacted the hotline; and (2) been informed that the receipt or possession of the firearm by the person will not violate any Federal, State, or local law. Provides license forfeiture as a penalty for violation of such provision. Directs the Attorney General to take steps to increase the reliability, accuracy, and availability of national criminal history data necessary to establish an instantaneous national hotline which any licensed dealer may contact to determine whether receipt or possession of a firearm by a prospective transferee would violate any Federal, State, or local law. Requires the Attorney General to develop computer software, procure computer hardware, and employ personnel necessary to implement the hotline. Requires State cooperation in providing accurate data for the establishment of the hotline. Prohibits the hotline from providing any information unless the person inquiring is a licensed firearms dealer and gives appropriate identifying information of the individual attempting to purchase or possess the firearm. Requires each State to have accurate, reliable, and available State criminal data history for such hotline in order not to have Federal highway funding withheld. Outlines first and subsequent year highway funding withholding procedures for noncompliance with such requirement, as well as provisions for the permanent loss of funds withheld for a certain period of time. Allows funds whose withholding deadline has not elapsed to be reapportioned to the appropriate State after compliance with such requirement. Gives States without automated criminal data history records and with limited automated criminal data history records priority in receiving grant money made available for such automation.
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 · 17 May 1990
Expresses the sense of the House of Representatives that President Bush should: (1) recognize the independence of Lithuania; (2) condemn the use of military force and economic sanctions by the Soviet Union against Lithuania; and (3) urge Soviet President Gorbachev to recognize Lithuania as an independent state.
United States · United States Congress · 16 May 1990
Expresses the sense of the Congress that States should make efforts to adopt the goals of the Victims of Crime Bill of Rights. Sets forth the Victims of Crime Bill of Rights, which includes provisions concerning: (1) treatment of victims of crime and protection from the accused during the criminal justice process; (2) advisory roles for victims in decisions involving prosecutorial discretion and the early release status of the person convicted of the crime; (3) comprehensive reform of the exclusionary rule; (4) the victim's right that the accused will be tried expeditiously and the right to be present at all proceedings related to the offense, except where the victim's testimony would be prejudiced by hearing other testimony; (5) the victim's right to information about conviction, sentencing, and imprisonment of the person who committed the crime; and (6) compensation to the victim for damage resulting from the crime.
![Official portrait of Rep. Schuette, Bill [R-MI-10]](https://www.congress.gov/img/member/s000143_200.jpg)