Law· HJRESH.J.Res. 673 (101st)enacted
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.
Bill· HRH.R. 5853 (101st)referred
United States · United States Congress · 17 October 1990
Railroad Workers' Injury Compensation Act of 1990 - Repeals the Federal Employers' Liability Act. Requires each State not to prohibit railroad employees from access to the State's workers' compensation program. Requires that any claim against a railroad by an employee of that railroad for injury, death, or occupational disease arising out of or in the course of the employee's employment be treated the same as the claims of non-railroad employees against their employers brought under the State's workers' compensation laws. Subjects the National Railroad Passenger Corporation (Amtrak) to the workers' compensation taxes, fees, and assessments of a State in the same manner and to the same extent as any other interstate entity doing business within the State and governed by its workers' compensation laws.
Bill· HRH.R. 5766 (101st)referred
United States · United States Congress · 1 October 1990
Amends Federal law to change the name of the Boys' Clubs of America to the Boys and Girls Clubs of America. Updates the board members of the organization.
Bill· HRH.R. 5735 (101st)referred
United States · United States Congress · 27 September 1990
Comprehensive Energy Self-Sufficiency Act of 1990 - Declares it the policy of the United States to encourage cost effective energy conservation and to facilitate research and development of domestic energy resources. Title I: Conservation and Energy Efficiency - Amends the Public Utility Regulatory Policies Act of 1978 (PURPA) to provide that the permissible State-regulated electric utility charges shall be such that a utility's return on energy investments is commensurate with returns earned on other utility investments of similar risk. Requires the Secretary of Energy to report to the President and the Congress regarding specified effects of least-cost energy planning upon electric utility rates. Requires the Tennessee Valley Authority to use least cost planning in its decision-making regarding increased electric power demand. Amends the National Enregy Conservation Policy Act (NECPA) to set a deadline by which each Federal agency must: (1) install energy conservation measures in Federal buildings with a specified payback period; (2) submit a list of projects to the Secretary which meets such payback criterion and which indicates total energy and cost savings involved; and (3) have substantially completed at least 25 percent of such projects or as many as would account for 25 percent of total energy savings. Directs the Secretary to develop guidelines for the selection of energy service contractors. Directs the Secretary to provide financial assistance to support a voluntary, national window rating program to develop a window energy ratings and labels. Directs the Federal Trade Commission to prescribe labeling rules for windows and window systems. Authorizes approriations. Amends NECPA to direct the Secretary to: (1) promulgate procedural guidelines enabling the States to assign energy efficiency ratings to residential buildings; and (2) establish a technical assistance program to State and local governments adopting energy efficiency rating systems or building codes. Amends the Internal Revenue Code to exclude from gross income: (1) the value of any subsidy provided by a public utility to a customer for the purchase or installation of any energy or water conservation measures; and (2) the value of any qualified transportation benefit provided by an employer. Restores the tax credit for residential energy conservation expenditures where heating oil is the primary source of heating. Title II: Renewable Energy Sources - Amends the Federal Power Act to prohibit the issuance of licenses for certain hydroelectric project works to anyone but the owner. Amends PURPA and the Federal Power Act to remove the size limitations placed upon hydroelectric generating facilities eligible for PURPA regulatory benefits. Amends the Internal Revnue Code to extend: (1) the time during which credit will be granted for producing fuel from nonconventional source; (2) excise tax rate reductions will apply to alcohol fuel mixtures; (3) credit will be applied for alcohol used as fuel. Title III: Electric Power - Competitive Wholesale Electric Generation Act of 1990 - Authorizes public utility holding companies that are exempt from the provisions of the Public Utility Holding Company Act of 1935 to acquire business interests in generators used exclusively for selling electric energy at wholesale (exempts wholesale generators). Declares that the ownership of exempt wholesale generators shall not result in the owner's being considered as primarily engaged in the sale or generation of electric power under the Federal Power Act. Preserves the ratemaking authority of the States. Amends the Federal Power Act to direct the Federal Energy Regulatory Commission (FERC), before approving rates agreed to between a public utility and a wholesale seller, to require the purchasing utility to certify that the rate conforms with least-costing planning schemes. Defines circumstances under which electric energy charges by a public utility exempt wholesale generator will be considered unjust and unreasonable. Authorizes appropriations for electronic switching research. Directs the Secretary of Energy to report to the Congress on legislative and regulatory reforms and incentives for more reliable electric transmission transfer capability within the reliability councils comprising the North American Electric Reliability Council. Title IV: Natural Gas - Directs FERC to: (1) issue regulations to expedite pipeline certifications; and (2) report to certain congressional committees on recommended reforms to facilitate increased deliverability of natural gas to consumers. Amends the Mineral Leasing Act to repeal the current 60-day waiting period requirement after notification of certain congressional committees before certain pipeline rights-of-way may be granted. Title V: Oil -Subtitle A: Use of MMT in Unleaded Gasoline - Directs the Administrator of the Environmental Protection Agency to approve the use of methylcyclopentadienyl manganese tricarbonyl (MMT) in unleaded gasoline. Subtitle B: Tax Incentives for Oil and Natural Gas Exploration and Production - Part I: National Energy Security Tax Credits - Amends the Internal Revenue Code (IRC) to establish a crude oil and natural gas exploration and development tax credit. Allows a 20 percent credit for qualified investments. Establishes a marginal production income tax credit for producers who maintain economically unproductive oil wells. Applies the credit to domestic crude that is: (1) from stripper well property; (2) heavy oil; (3) oil recovered through a tertiary recovery method; or (4) harsh environment oil (produced from Arctic areas in submerged lands). Fixes the credit at 20 percent of the qualified cost (determined in accordance with a formula set forth in this Act) of each barrel produced by the producer during the taxable year. Part II: Additional Exploration and Production Incentives - Amends the IRC to treat certain geological and geophysical costs and surface casing costs as intangible drilling and development costs that a taxpayer may elect to capitalize or to deduct for income tax purposes. Precludes a percentage depletion income tax deduction for proven oil and gas wells from application of the net income limitation percentage depletion. Increases from 65 percent to 100 percent the taxable income limitation on the percentage depletion deduction for oil and gas property. Affirms natural gas found in tight sands formations as a qualified fuel with respect to the credit, without exceptions. Defines "tar sands" for purposes of such credit. Part III: Amendments to the Alternative Minimum Tax - Repeals provisions that identify intangible drilling costs as a tax preference item for purposes of determining alternative minimum tax liability and corporate preference reductions. Part IV: Miscellaneous Tax and Administrative Amendments - Declares Revenue Ruling 77-176 (and other rulings that reach similar results) to be inapplicable with respect to the income tax treatment of mineral sharing arrangements. (The Revenue Ruling address situations in which a driller receives from a lessee an operating interest in oil and gas property as consideration for drilling a well on the leased tract.) Revises provisions governing the time when economic performance occurs for the purpose of income tax deductions or credits in connection with removal of offshore oil or gas production facilities. Specifies expressly the types of oil and gas exploration and development costs that are exempt from the required application of uniform cost capitalization rules. Subtitle C: Recovery Depletion Allowance; Research and Development Credit - Amends the Internal Revenue Code to set a depletion allowance of 27.5 percent in connection with domestic oil and natural gas recovered through enhanced recovery techniques. Reduces this percentage (but not below 15 percent) as the average annual removal price during the calendar year exceeds $30 (indexed for inflation). Terminates this provision with respect to production after 2009. Increases from 50 percent to 100 percent the net income limitation on percentage depletion in connection with incremental tertiary oil or natural gas. Permits a ten percent income tax credit for research to discover or improve tertiary recovery methods for domestic crude oil or natural gas. Subtitle D: Arctic National Wildlife Refuge - Directs the Secretary of the Interior to implement a competitive oil and gas leasing program for the Coastal Plain of the Arctic National Wildlife Refuge. States that this subtitle shall be considered the primary land management authorization for all exploration and production activities on the Coastal Plain. Provides that no land management review shall be required except as management specifically authorized by this subtitle. Mandates that all receipts from sales, rentals, bonuses, and royalties on leases under this subtitle be deposited into the Treasury. Directs the Secretary to promulgate regulations to ensure that oil and gas exploration and transportation activities are conducted to achieve the reasonable protection of animals and environmental resources (including subsistence uses of the Coastal Plain). States that the "Arctic National Wildlife Refuge, Alaska, Coastal Plain Resource Assessment," prepared by the Secretary, satisfies all legal requirements for such promulgation and that no further studies or assessments shall be required. Directs the Secretary to provide impact aid and other assistance to communities on the North Slope and elsewhere in Alaska in order to ensure the public services needed to accommodate oil and gas production and transportation activities on the Coastal Plain. Title VI: Coal - Directs the Secretary of Energy to establish research and demonstration goals for the timely development of: (1) coal production, transportation, and use technologies; and (2) cost-effective advanced coal-based technologies to be available for widespread commercial use after the year 2010, and which can control sulfur and nitrogen oxides at greater proficiency levels than are currently available; and (3) cost-effective energy production systems which use coal and achieve greater efficiency in the conversion of coal to useful energy. Requires the Secretary to submit an assessment to the Congress of the commercial development potential of technologies for non-fuel use of coal. Amends the Internal Revenue Code to restore investment credits for pollution devices required by the Clean Air Act Amendments of 1990. Title VII: Nuclear - Nuclear Standardization and Safety Reform Act of 1990 - Subtitle A: Standardization and Licensing - Amends the Atomic Energy Act of 1954 to direct the Nuclear Regulatory Commission to establish procedures for the preapproval of a limited number of standardized facility designs for production or utilization facilities for a ten-year period. Authorizes the Commission to design approval requests for any major subsystem that represents discrete elements of a production or utilization facility. Requires the Agency to specify by regulation the criteria and requirements for any subsystem approval. States that a design approval shall be considered to be a license. Sets forth guidelines for the issuance of a design approval, including ten-year renewal terms. Authorizes the Director to issue a site approval permit for a ten-year period even if an application for a construction permit or operating license has not been filed. Outlines the site approval procedure and the procedures for facility construction permits and operating licenses. Subtitle B: Conforming Amendments - Makes conforming Amendments to the Act. Subtitle C: Amendments of PUHCA - Amends the Public Utility Holding Company Act of 1935 to allow the Securities and Exchange Commission (SEC) to grant exempt status to certain public utility holding companies which would otherwise meet specified criteria but for their control of utility assets pursuant to a management agreement approved by the Nuclear Regulatory Commission (NRC). Permits the acquisition of public utility assets or securities without SEC approval if the acquiring public utility controls assets pursuant to a management agreement approved by the NRC. Subtitle D: Effective Date - Sets forth the effective date of this title. Title VIII: National Energy Strategy Implementation - Amends the Department of Energy Organization Act to direct the President to submit a proposed National Energy Policy Plan to the Congress by a specified deadlilne. Amends the Department of Energy Act to revise procedural guidelines for congressional consideration of an implementing bill for such Plan. Title IX: Impact of Federal Actions on Energy Security - Mandates that all Federal agencies shall: (1) develop measures to ensure that energy security concerns are given appropriate consideration in decisionmaking; and (2) include in their legislative proposals a detailed statement regarding the impact of such proposals upon energy production, transportation, or use, and alternatives to the proposed action. Title X: Outer Continental Shelf - Subtitle A: Revised Outer Continental Shelf Leasing Program - Requires the Secretary of the Interior to submit to the Congress a revised Outer Continental Shelf leasing program which includes plans for the expeditious development of oil and gas resources consistent with environmental safeguards. Subtitle B: Revenue Sharing - Outer Continental Shelf Revenue Sharing Act of 1990 - Establishes the Outer Continental Shelf Revenue Sharing Fund. Requires the Secretary of the Treasury to: (1) pay specified amounts into the Fund; and (2) provide each coastal State with an Outer Continental Shelf revenue sharing block grant. Requires a recipient coastal State to submit an assessment of the expenditure of funds provided by the block grants.
Bill· HRH.R. 5736 (101st)referred
United States · United States Congress · 27 September 1990
Amends title XVIII (Medicare) of the Social Security Act to cover as a prosthetic device corrective eyeglasses provided with intraocular lenses following cataract surgery.
Bill· HJRESH.J.Res. 637 (101st)referred
United States · United States Congress · 3 August 1990
Designates September 1991 as National Rice Month.
Bill· HJRESH.J.Res. 644 (101st)referred
United States · United States Congress · 3 August 1990
Designates the month of May 1991 as National Huntington's Disease Awareness Month.
Bill· HRH.R. 5448 (101st)referred
United States · United States Congress · 2 August 1990
Medicare-Medicaid Reimbursement Act of 1990 - Amends the Internal Revenue Code to impose an additional occupational tax on manufacturers and importers of cigarettes equal to the amount of smoking-related medical costs multiplied by the percentage of cigarettes sold during the preceding year in the United States. Sets forth the smoking-related medical costs for the three-year period beginning after December 31, 1990. Declares the costs for the three-year period beginning after December 31, 1993, to be the amount determined to be equal to: (1) the average annual amount estimated to have been expended for the care and treatment of smoking-related cancers, circulatory system diseases, and respiratory diseases under title XVIII of the Social Security Act (Medicare); and (2) the average annual amount of estimated expenditures under title XIX of such Act (Medicaid) for such cancers and diseases. Appropriates a portion of increased cigarette tax revenues to the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund under the Medicare program for smoking-related medical costs. Authorizes appropriations of a portion of such revenues to the Medicaid program for such costs.
Bill· HRH.R. 5453 (101st)referred
United States · United States Congress · 2 August 1990
Airline Passengers Defense Act of 1990 - Directs the Secretary of Transportation to establish in the Department of Transportation an Office of Airline Passenger Advocacy. Establishes the Office of Airline Passenger Advocacy Advisory Group. Amends the Federal Aviation Act of 1958 to prohibit air carriers from cancelling a flight within 72 hours of its scheduled departure time for any reason, except for safety reasons or the absence of any passengers at such departure time. Requires air carriers which cancel such flights for safety-related reasons to report to the Secretary on the cancellation, the reasons for it, and actions taken to resolve the safety-related problem. Requires air carriers to notify their passengers of any delays of 15 minutes or more in the departure or arrival of scheduled flights. Requires an air carrier which cancels a flight in violation of this Act, or alters stopping places of such flight for any reason other than safety, to compensate passengers. Prohibits on-time performance of regularly scheduled flights from being 30 percent or less in any consecutive three-month period. Requires the Secretary to establish in the Office of Airline Passenger Advocacy a toll-free telephone number system for receiving passenger complaints relating to air service. Sets forth requirements relating to: (1) ticket information; and (2) lost or damaged baggage claims. Sets forth civil penalties for economic cancellations and consistently delayed flights by air carriers.
Bill· HRH.R. 5373 (101st)referred
United States · United States Congress · 25 July 1990
Church Retirement Benefits Simplification Act of 1990 - Amends the Internal Revenue Code to recodify and revise qualifications for church retirement and pension plans. Makes employee contributions to such plans nonforfeitable. Allows ten-year vesting with a nonforfeitable right to 100 percent of accrued benefits derived from employer contributions. Allows five-to-fifteen year vesting with a nonforfeitable right to a percentage (25% to 100%) of such accrued benefits. Requires the plan to meet minimum vesting requirements. Provides that no employee shall be considered an officer, shareholder, supervisor, or highly compensated employee if such employee receives less than $50,000 per year. Excludes from such consideration employees covered by a collective bargaining agreement if retirement benefits were a subject of good faith bargaining. Recodifies the authority of a church or a convention or association of churches to be treated as an employer making contributions to retirement income accounts. Subjects church-related hospitals and universities to certain coverage and related rules in the case of a contract purchased by a church. Requires distributions from retirement income accounts provided by churches to be in accordance with distributions under cash or deferred arrangements. Provides for determining the beginning date for such distributions. Allows self-employed ministers and chaplains who work for non-church employers to participate in their church plans. Provides that certain rules aggregating employees do not apply to churches. Restores qualified voluntary employee contributions to church plans. Treats self-employed ministers as employees for purposes of certain welfare benefit plans and retirement income accounts. Allows a deduction for contributions to retirement income accounts by such ministers. Provides that a church plan maintained by more than one employer shall not be treated as a single plan. Provides that accounting methods of deferred compensation plans of State and local governments and tax-exempt organizations do not apply to a church plan. Exempts a church plan from the requirement to maintain separate accounts for medical benefits for key employees. Provides that the special rules for computing employee contributions to pension plans do not apply to certain foreign missionaries. Repeals the elective deferral catch-up limitation for church retirement income accounts. Allows church plans to annuitize benefits and increase benefit payments. Provides that rules for self-insured medical reimbursement plans are not applicable to church plans.
Bill· HRH.R. 5353 (101st)referred
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.
Bill· HRH.R. 5334 (101st)open
United States · United States Congress · 20 July 1990
Asbestos School Hazard Abatement Reauthorization Act of 1990 - Amends the Asbestos School Hazard Abatement Act of 1984 to require State Governors to maintain records on asbestos in school buildings. Deletes a requirement for the submission of asbestos abatement application materials by State Governors to the Secretary of Education. Requires State Governors, in determining the adequacy of financial resources available to a local educational agency for asbestos abatement, to consider the additional costs to such agency of meeting the needs of disadvantaged students. Removes a reporting requirement concerning actions taken by State Governors in accordance with State plans. Directs the Administrator of the Environmental Protection Agency to approve applications for financial assistance no later than April 30 of each year. Prohibits the provision of such assistance to applicants who are not in compliance with title II of the Toxic Substances Control Act. Requires the proceeds from the repayment of Federal asbestos abatement loans and assistance recovery lawsuits to be deposited into the Asbestos Trust Fund. Removes a condition on the provision of financial assistance which requires the submission of an application within five years of the enactment of the Asbestos School Hazard Abatement Act of 1984. Prohibits the approval of assistance applications unless the local educational agency certifies that it is implementing an asbestos management plan and all abatement activities will be conducted by trained and accredited individuals in conformance with the Toxic Substances Control Act. Removes certain requirements for the promulgation by the Administrator of standards for asbestos removal contractors and the protection of school employees trained to carry out abatement activities. Requires the Administrator to report annually (until 1999) to the Senate Committee on Environment and Public Works and the House Committee on Energy and Commerce on the loan and grant program under the Asbestos School Hazard Abatement Act of 1984. Authorizes appropriations for the asbestos abatement program for FY 1991 through 1995. Revises provisions concerning the allocation of appropriations. Permits up to five percent of appropriations to be reserved each fiscal year for the administration of asbestos abatement activities. Authorizes the Administrator to use up to five percent of such appropriations for grants to States for: (1) assisting local educational agencies in performing periodic reinspections and training activities; and (2) maintaining programs to accredit personnel performing asbestos inspections and response actions. Makes conforming amendments to provisions of the Asbestos Hazard Emergency Response Act of 1986 concerning the Asbestos Trust Fund.
Bill· HJRESH.J.Res. 616 (101st)referred
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.
Bill· HJRESH.J.Res. 613 (101st)referred
United States · United States Congress · 28 June 1990
Designates the week of April 7 through 13, 1991, as National County Government Week.
Bill· HRH.R. 5208 (101st)referred
United States · United States Congress · 28 June 1990
Equal Treatment for Cigarettes Act of 1990 - Amends the Toxic Substances Control Act to make such Act applicable to tobacco and tobacco products.
Resolution· HRESH.Res. 421 (101st)referred
United States · United States Congress · 21 June 1990
Calls for the U.S. Postal Service to continue six-day mail service and one-day first-class mail delivery in rural America.
Resolution· HRESH.Res. 418 (101st)referred
United States · United States Congress · 20 June 1990
House of Representatives Clean Indoor Air Act - Prohibits an individual from possessing a lit tobacco product in any public area within a House office building unless it is in an area designated by the House Office Building Commission. Requires the Clerk of the House of Representatives to study and report to the Committee on House Administration on the feasibility of offering a smoke cessation assistance program for Representatives, officers, and employees of the House.
Law· HRH.R. 5075 (101st)enacted
United States · United States Congress · 19 June 1990
Amtrak Reauthorization and Improvement Act of 1990 - Amends the Rail Passenger Service Act to authorize appropriations through FY 1992 for the National Railroad Passenger Corporation (Amtrak). Limits the liability for certain rail accidents occurring in the District of Columbia to no more than the limits of coverage maintained by a publicly funded commuter transportation authority established under Virginia law to indemnify Amtrak or any railroad over which the authority conducts its operations. Authorizes the use of proceeds from the sale of railroad lines that were acquired and rehabilitated with funds under the Rail Safety and Service Improvement Act of 1982 for similar purposes with respect to railroad lines connected with such a line for the purpose of continued rail service on them. Requires Amtrak to cooperate with the efforts of the Washington State Department of Transportation in designing a study of the feasibility of reestablishing rail service between Seattle, Washington, and Vancouver, British Columbia. Directs Amtrak to study and report to the Congress on the revenue and cost implications of separating the California Zephyr-Desert Wind-Pioneer train into two service routes serving a southern and a control route through Iowa. Prohibits the compensation of any rail or motor carrier employee who works in more than one State from being subject to State income taxes in any State but the State in which the employee resides. Amends the Railroad Unemployment Insurance Act to treat Amtrak as a publicly funded rail carrier with respect to its contribution toward employees' unemployment compensation benefits. Directs the Secretary of Transportation to study and report to the Congress on the potential need among Class II and Class III railroads for Federal guarantees of obligations for funding rehabilitation and improvement of facilities and equipment, acquisition of new railroad facilities, or refinancing of existing debt. Directs Amtrak to report to the Congress on its plan to eliminate its need for Federal operating support by the year 2000. Requires Amtrak to study the economic feasibility of providing new service to areas not served by it as of the enactment of this Act.
Bill· HRH.R. 5055 (101st)referred
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.
Bill· HRH.R. 5041 (101st)open
United States · United States Congress · 14 June 1990
Tobacco Control and Health Protection Act - Makes it unlawful to manufacture, package, or distribute for sale any cigarettes or smokeless tobacco product unless its package bears one of specified warnings. Regulates the label format and requires rotation of the warning labels. Requires the advertising for cigarettes and smokeless tobacco to bear one of the same list of warnings. Sets forth a separate list of warnings for use on billboards advertising cigarettes. Regulates the warning format and requires rotation of warnings. Prohibits advertising any tobacco product on any medium of electronic communication subject to Federal Communications Commission regulation. Prohibits, subject to exception, the use in advertising of a human or cartoon figure, tobacco trademark logo or symbol, or picture other than a single package on a neutral white background. Requires advertising print to be black on a white background. Prohibits: (1) advertising in conjunction with sports or near schools with students under 21 years of age; (2) free or reduced cost distribution; (3) publicly identified sponsorship of any athletic, music, artistic, or other event; (4) marketing of nontobacco products (including toys) bearing a tobacco trademark; (5) payment to have any tobacco product appear in any entertainment; or (6) payment to have any tobacco trademark appear on sporting equipment, including vehicles. Applies the prohibitions and requirements of this paragraph to advertising, promotion, and packaging of nontobacco products or services which: (1) are manufactured or marketed by a corporation which manufactures or distributes tobacco products, including related companies or licensees, or any person acting with the concurrence or acquiescence of such a corporation; and (2) bear the trademark of a tobacco product manufactured or sold by that corporation. Prohibits packaging from containing a picture or human or cartoon figure unless the picture or figure appeared on the package for five consecutive years before January 1, 1989. Prohibits advertising on any audio tape, audio disc, videotape, video arcade game, or film. Prohibits advertisements and packaging from containing any representation regarding health or safety, including the level of or removal, reduction, or addition of ingredients, tar, nicotine, carbon monoxide, filters, or any other mechanism or device unless the Secretary of Health and Human Services determines that the representation is significant in terms of affecting health and safety and is based upon significant scientific agreement. Prohibits any person from manufacturing, packaging, or distributing any tobacco product unless the person has provided the Secretary a list of all brands, with certain information about their constituents, and the label states the ingredients in descending order. Directs the Secretary to make the information public. Allows the Secretary, if the Secretary determines that any ingredient other than tobacco is unsafe or presents risks to health to the consumer or general public, to require that the levels of that ingredient be reduced or eliminated. Allows the Secretary to require that the manufacturer, packager, or distributor of tobacco products provide consumers with additional information about the adverse effect of tobacco products. Amends the Public Health Service Act to prohibit a State from receiving an allotment under alcohol and drug abuse and mental health services block grant provisions unless the State has in effect a law which: (1) prohibits sale of any tobacco product to any person under the age of 19; (2) requires a place to be licensed to sell any tobacco product; (3) meets other requirements. Authorizes the Secretary to suspend such block grant payments if the Secretary determines a State is not adequately enforcing the law. Amends the Federal Food, Drug, and Cosmetic Act to deem a food misbranded if it is a confectionary or chewing gum in a form resembling cigarettes or other tobacco products. Provides for enforcement of this Act, including through action by the Secretary, injunctions, civil actions by any interested organization, and civil monetary penalties. Sets forth the authority of the Secretary with regard to: (1) research and public information on the effects of tobacco products on human health; (2) implementation of strategies for reducing the consumption of tobacco products; (3) coordination of activities inside the Department of Health and Human Services (HHS), within other Federal agencies, and within private agencies; and (4) liaison with public and private entities. Directs the Secretary to establish a Center on Tobacco and Health to educate the public, support research, assist State and local law enforcement, and take other actions. Establishes within the Center an Interagency Committee on Tobacco and Health to: (1) coordinate research and educational programs within HHS and coordinate those activities with other Federal and private agencies; and (2) maintain liaison with private and public entities. Prohibits any Federal agency, or any State or local statute or regulation, from requiring any statement relating to tobacco and health, other than those required by this Act, to appear on any package or advertisement. Declares that compliance with this Act, the Federal Cigarette Labeling and Advertising Act, or the Comprehensive Smokeless Tobacco Health Education Act of 1986 shall not relieve any person from liability to any other person at common law or under State statutory law. Repeals those Acts one year after enactment of this Act.
Bill· HRH.R. 5029 (101st)referred
United States · United States Congress · 13 June 1990
Resolution Trust Corporation Financing Amendments of 1990 - Amends the Federal Home Loan Bank Act to provide funding for the Resolution Trust Corporation for FY 1990. Grants the Corporation power to issue obligations to and borrow from the Secretary of the Treasury. Prohibits the Resolution Funding Corporation from issuing obligations or borrowing, or from purchasing capital certificates issued by the Resolution Trust Corporation.
Law· HRH.R. 5007 (101st)enacted
United States · United States Congress · 12 June 1990
Designates the post office building in Carpentersville, Illinois, as the Robert McClory Post Office.
Bill· HJRESH.J.Res. 598 (101st)referred
United States · United States Congress · 12 June 1990
Designates September 9 through 15, 1990, as Rural Small Business Week.
Law· HJRESH.J.Res. 599 (101st)enacted
United States · United States Congress · 12 June 1990
Designates July 1, 1990, as National Ducks and Wetlands Day.
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