United States · United States Congress · 23 October 1990
Civil Rights Act of 1990 - Amends the Civil Rights Act of 1964 to provide for the burden of proof which the complaining party and the respondent must meet in certain situations relating to unlawful employment practices based on disparate impact. Allows a rule barring employment of an individual who currently and knowingly uses or possesses an illegal drug unless the rule is adopted or applied with intent to discriminate. Allows establishment of an unlawful employment practice on a demonstration that a certain basis was a motivating factor for a practice, even though other factors also motivated the practice. Prohibits certain types of relief on a demonstration that the respondent would have taken the same action in the absence of any discrimination. Allows, on such a showing, declaratory and injunctive relief, attorney's fees, and costs. Provides for the finality of litigated or consent judgements or orders, barring actions (challenging an employment practice required by a judgment or order) by persons who had certain types of notice and opportunity. Declares that an alleged unlawful employment practice occurs, with regard to a seniority system, when: (1) the system is adopted; (2) an individual becomes subject to the system; or (3) a person is injured by application of the system or provision, adopted for an intentionally discriminatory purpose, whether or not the discriminatory purpose is apparent on the face of the provision. Allows a court, in fashioning remedies for unlawful intentional employment discrimination, to require the respondent to pay a specified amount if: (1) needed to deter the respondent from engaging in such practices; and (2) otherwise justified by the equities, consistent with the purposes of the equal employment opportunities provisions of the Act, and in the public interest. Requires all employment discrimination cases to be heard and determined by a judge, except that, if the court determines that the claims presented may require the payments authorized by this paragraph and that a jury trial is constitutionally required for such relief, a jury may be empaneled to determine such issues and no others. Allows expert fees to be included in attorney's fees awarded to the prevailing party in an employment discrimination case. Extends the time limit for an aggrieved employee or employment applicant to file a civil action after notice of final action by a department, agency, or unit of the Federal Government. Requires the same interest to compensate for delay in payment by the Government as in cases involving non-public parties. Amends Federal law to declare that: (1) for purposes of provisions relating to equal rights under the law, the right to make and enforce contracts includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contract; and (2) the rights protected by the amended provisions are protected against impairment by non-governmental discrimination as well as against impairment under color of State law. Amends the Age Discrimination in Employment Act of 1967 to require the Equal Employment Opportunity Commission to notify the person aggrieved if an age discrimination charge is dismissed by the Commission. Allows a civil suit to be brought within a specified time limit after the dismissal. Provides for the application of this Act, the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967, and the Rehabilitation Act of 1973 to the Senate, the House of Representatives, and instrumentalities of the Congress. Prohibits construing the amendments made by this Act, or any statute amended by this Act, so as to require, permit, or result in the adoption or implementation of quotas. Encourages the use of alternative means of dispute resolution to resolve disputes arising under the Acts amended by this Act.
United States · United States Congress · 22 October 1990
Money Laundering Enforcement Amendments of 1990 - Amends the Bank Conservation Act, the Home Owners' Loan Act, the Federal Deposit Insurance Act, and the Federal Credit Union Act to authorize the appointment of a conservator for a depository institution convicted of money laundering offenses (including insured Federal and State savings associations and State banks). Exempts from conservatorship any such institution whose ownership or control has changed after commission of the offense and whose new owner or controlling person was not affiliated with it at the time of the offense. Amends the Revised Statutes, the Home Owners' Loan Act, and the Federal Credit Union Act to prescribe guidelines for the revocation of depository institutions' charters and forfeiture of franchises upon conviction for money laundering offenses (including the conviction of senior level management for such offenses). Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to prescribe guidelines for: (1) the termination of the insured status of State depository institutions, including State chartered credit unions convicted of money laundering; and (2) to authorize the removal of any party from office or its suspension from participation in the affairs of the institution if the party is determined to have committed certain currency reporting violations. Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to require specified regulatory agencies to include in their annual reports to the Congress the identification of depository institutions convicted of money laundering offenses and the agencies' enforcement activities. Amends the Federal criminal code to require the Attorney General to notify the appropriate regulatory agency in writing if any financial institution or its personnel has been convicted of certain money laundering offenses. Amends Federal law regarding monetary transactions to authorize the Secretary of the Treasury to: (1) impose civil money penalties upon a financial institution for negligent violations of this Act or for a pattern of negligent violations; and (2) order a depository institution to request that its customers submit cash transaction reports. Amends Federal law regarding money transactions to direct the Secretary of the Treasury to: (1) prescribe regulations requiring each depository institution to file identification reports regarding certain financial institution customers; and (2) make such reports available to State financial institution supvervisory agencies for supervisory purposes. Expresses the sense of the Congress that the States should: (1) establish uniform regulations and licensing requirements (meeting specified criteria) for non-depository institutions engaged in check cashing businesses; and (2) develop a model statute incorporating such uniform regulations. Requires the Secretary to study and report to the Congress on the progress made by the States in enacting uniform legislation. Expresses the sense of the Congress that the States should consider, in connection with such uniform legislation, whether fee limitations are appropriate with respect to money cashing or redemption activities. Amends the Federal criminal code to establish criminal penalties for persons participating in an illegal money transmitting business. Amends the Federal Deposit Insurance Act to direct the Secretary to promulgate final regulations requiring insured depository institutions and businesses involved in funds transfers to maintain records of certain kinds of payment orders involving international transactions that will have a high degree of usefulness in criminal, tax, or regulatory investigations or proceedings. Mandates that such records be made available to the Secretary upon request. Prohibits a financial institution or its personnel from disclosing the existence of a Federal information targeting order except as prescribed by the Secretary. Authorizes the Secretary of the Treasury and the Attorney General to issue civil enforcement and prosecutorial guidelines for currency transactions. Amends the Bank Secrecy Act to require a person to certify to the relevant financial institution in writing under penalty of perjury the basis for requesting an exemption from cash transaction reporting requirements. Requires an annual update of such certification. Requires the Secretary to make currency transaction reports available to any State depository institution's supervisory agency. Requires the Secretary to: (1) submit periodic status reports to the Congress regarding the use of currency transaction reports and related enforcement activities; and (2) establish an Advisory Group on Reports on Monetary Instruments Transactions to serve as a conduit between the Federal and private sectors regarding the status of currency transaction reporting activities. Requires the Board of Governors of the Federal Reserve System to provide, at the Attorney General's request, information regarding the cash surplus reports of the Federal Reserve banks which may be relevant to investigations under this Act. Requires the Secretary to establish a study group to evaluate: (1) the feasibility of electronic scanning of Federal Reserve notes; and (2) the impact of such scanning upon the rights of individuals to financial privacy. Requires the Comptroller General to study and report to the Congress on the feasibility of a "Financial Crimes Enforcement Network" proposed to be established among Federal agencies and banking agencies. Requires the Secretary of the Treasury to: (1) collect and maintain information on amounts and denominations of currency confiscated in connection with drug seizures and drug-related money laundering operations, as well as the total dollar amount of each denomination of such notes and currency; (2) develop a plan to collect the same information from State and local agencies; (3) report to the Congress on such plan, together with biannual summaries of the information collected; and (4) report to the Congress on the need for additional information regarding how frequently $50 and $100 notes are used in drug trafficking and other illegal activities, and the possible deterrent effect the withdrawal of such notes would have on such activities. Directs such Secretary to report to certain congressional committees on the advantages and disadvantages of: (1) changing the physical format of United States currency for money laundering enforcement purposes; or (2) using a different color for United States currency in circulation out the United States. Amends the Right to Financial Privacy Act to provide that financial records transferred by a regulatory agency to the Secretary of the Treasury for possible criminal violations shall be used only for criminal investigative or prosecutive purposes relating to money laundering by the Department of the Treasury. Amends the Federal Deposit Insurance Act to establish additional whistleblower protections for employees of depository institutions and Federal regulatory agencies who provide information about possible banking law violations. Subjects to certain cash reporting requirements any officer or office of either House of the Congress which provides check cashing or deposit services for Members of Congress. Amends the Right to Financial Privacy Act to exempt from its protections possible crimes committed by insiders against financial institutions with respect to money laundering and/or monetary transactions in property derived from specified unlawful activity. Amends Federal law relating to international monetary instrument transaction reporting requirements to prohibit: (1) failure to file the requisite reports; (2) filing material omissions or misstatements of facts in such reports; and (3) participation in structuring any importation or exportation of monetary instruments.
United States · United States Congress · 17 October 1990
Expresses the sense of the Congress that the President should declare November 2, 1990, a national day of prayer for: (1) members of American military forces and American citizens stationed or held hostage in the Middle East, and for their families; and (2) American and Iraqi authorities to bring about a just resolution of the Persian Gulf crisis.
United States · United States Congress · 16 October 1990
Salutes and congratulates the people of Poland as they commemorate the 200th anniversary of the adoption of the Polish Constitution on May 3, 1991. Directs the Library of Congress to commemorate the anniversary with appropriate ceremonies.
United States · United States Congress · 11 October 1990
Soldiers' and Sailors' Civil Relief Act Amendments of 1990 - Amends the Soldiers' and Sailors' Civil Relief Act of 1940 (the Act) to provide that an application for a stay of proceedings in a court action involving the military service of an individual shall not constitute an appearance for any purpose. Prohibits an eviction or distress from being made during a period of military service with respect to premises for which the agreed rent does not exceed $1,200 (currently, $150) per month, when such premises are occupied chiefly by the dependents of the person in military service, except upon leave of the court granted upon application or in a proceeding affecting the rights of possession. Extends the power of attorney coverage under the Act to include a power of attorney that by its terms expires after August 2, 1990. Amends the Act to provide professional liability protection for persons ordered to active duty after August 2, 1990, who, prior to such date, were engaged in furnishing health care or other services determined by the Secretary of Defense to be professional services, and who had in effect a professional liability insurance policy that does not continue coverage during the period of active duty. Requires an insurance carrier to suspend and to reinstate coverage of such affected person upon receipt of a written request from such person. Requires such person to request reinstatement within 30 days after release from active duty. Provides a minimum period of required coverage by the carrier following reinstatement, without an increase in the insurance premiums charged. Provides for the stay of a civil or administrative action for damages on the basis of professional liability of a person whose insurance has been suspended under these provisions if: (1) the action is based on an act or omission that occurred before the suspension was effective; and (2) the suspended insurance would, on its face, cover the alleged professional misconduct. States that the period of such stay shall not be included in any statute-of-limitations period. Outlines provisions concerning the death of a person whose professional liability insurance has been suspended and the consequences with respect to the suspended insurance coverage on previous or suspended (stayed) claims. Provides that any person employed and covered under a health insurance policy who goes to active military service or training and upon return is reemployed may not be subject to a waiting period or exclusion of coverage upon such return for a preexisting health or physical condition that occurred before or during the period of service or training. Provides that any person who, by reason of entry into military service, is entitled to the rights and benefits of the Act shall be entitled upon release from such service to reimbursement of any health insurance coverage which: (1) was in effect on the day before such service commenced; and (2) was terminated during the period of such service. Prohibits any health or physical condition occurring before or during the period of such service from being subject to a waiting period or exclusion of coverage upon return from such service. Provides reemployment rights for all reservists (currently, only those serving on active duty for not more than 90 days) upon their return from any active duty other than for training.
United States · United States Congress · 28 September 1990
Amends the Emergency Low Income Housing Preservation Act of 1987 to extend specified emergency low-income housing programs. Amends the Stewart B. McKinney Homeless Assistance Act to extend the Interagency Council on the Homeless. Amends the National Housing Act to extend the Federal Housing Administration mortgage limit.
United States · United States Congress · 27 September 1990
Veterans' Health-Care Amendments of 1990 - Title I: Health-Care Benefits - Amends Federal veterans' benefits provisions to authorize the provision of dental care for a dental condition: (1) from which a veteran of World War I is suffering; and (2) when medically necessary in preparation for hospital admission or for a veteran otherwise receiving medical care and services. Increases from $500 to $1,000 the annual per-person limitation on the provision of such dental care. Authorizes the Secretary of Veterans Affairs to periodically review and adjust such yearly limit. Authorizes the Secretary to contract with non-Department of Veterans Affairs facilities for the treatment of any veteran who has a total and permanent service-connected disability. Amends the Veterans' Health Care Amendments of 1986 to extend through FY 1992 an annual report requirement under such Act concerning the furnishing of non-service-connected health care to veterans. Extends through FY 1991 the authority for the operation of the Veterans Memorial Medical Center in the Philippines. Title II: Health-Care Personnel - Provides the qualifications required for social workers employed by the Veterans Health Services and Research Administration of the Department of Veterans Affairs. Requires a minimum two-year service requirement in the Department for graduates of the Department of Veterans Affairs Health Professional Scholarship Program. Authorizes the Secretary to purchase promotional items of nominal value for recruitment purposes. Authorizes a person appointed as a part-time employee of the Administration to receive and retain amounts paid for appearances, speeches, and articles that do not create a conflict of interest. Title III: Health-Care Management - Requires a 60-day congressional notification period before the Secretary may undertake an administrative reorganization within the Department. Revises the definition of "administrative reorganization" for purposes of such provision to include a reduction in force during any fiscal year at a covered field office or facility of 15 percent or more, or of a percentage which, when added to other reductions at such field office or facility, is 25 percent or more of the total number of employees at such office or facility. Revises reporting requirements and definitions with respect to such administrative reorganizations. Prohibits funds from being appropriated for any fiscal year, and prohibits the Secretary from obligating or expending funds, for any major medical project or major medical facility lease unless funds have been specifically authorized by law. Defines a "major medical facility lease" as a lease having an average annual rental amount of more than $300,000 (currently, $500,000). Requires the Geriatrics and Gerontology Advisory Committee to submit to the Secretary such reports as considered appropriate (currently, only one report is required) on all appropriate matters of geriatrics and gerontology. Adds certain assessments to such report requirements. Title IV: Miscellaneous - Requires the Secretary to enter into an agreement with the Secretary of the Navy to facilitate the transfer of all medical follow-up data in possession of the Secretary of the Navy regarding Vietnam-era prisoners of war which has been collected by the Center for Prisoner of War Studies and the Naval Aerospace Medical Institute. Requires a report from the Secretary on such data. Provides funding. Requires the Secretary to report on the implementation of certain benefits notice requirements with respect to health benefits claims decisions. Authorizes the Secretary to use general operating funds to pay for leases for the collocation of at least three regional offices of the Department with Department medical centers.
United States · United States Congress · 27 September 1990
Designates the Department of Veterans Affairs medical center located at 113 Holland Avenue in Albany, New York, as the Samuel S. Stratton Department of Veterans Affairs Medical Center.
United States · United States Congress · 27 September 1990
Authorizes the President, on behalf of the Congress, to present a gold medal posthumously to Edward Vernon (Eddie) Rickenbacker in recognition of his: (1) success as an internationally famous race car driver; (2) service in his country as a pilot (with the first U.S. flying unit to participate actively at the front during the First World War); (3) service as a commercial aviation pioneer; and (4) service to his country in the Pacific theater in the Second World War. Authorizes appropriations. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates of such medal at a price sufficient to cover costs.
United States · United States Congress · 18 September 1990
Veterans' Judicial Review Amendments of 1990 - Repeals certain provisions relating to decisions made by the Court of Veterans Appeals in veterans' benefits determinations. Authorizes the Chief Judge of the Court to annually summon the judges of such Court to a judicial conference in order to consider business of the Court and to improve the administration of justice within the Court's jurisdiction. Authorizes the Secretary of Veterans Affairs to release veterans' medical records to the U.S. Court of Veterans Appeals and any other Federal court for use in connection with veterans' appeals under the jurisdiction of such courts.
United States · United States Congress · 13 September 1990
Deposit Insurance Funds Protection Act of 1990 - Amends the Federal Deposit Insurance Act to repeal the specified maximum assessment rates for Bank Insurance Fund members and Savings Association Insurance Fund members. Directs the Federal Deposit Insurance Corporation to: (1) set assessment rates for insured depository institutions at such times as it determines, in its sole discretion, to be appropriate; and (2) provide public notice of assessment rate changes within a 60 day time-frame.
United States · United States Congress · 10 September 1990
Extends for one month the Emergency Low Income Housing Preservation Act of 1987. Amends the Stewart B. McKinney Homeless Assistance Act to extend for one month the Interagency Council on the Homeless. Amends the National Housing Act to extend for one month Federal Housing Administration mortgage insurance limits.
United States · United States Congress · 3 August 1990
Transfers custody and control of Pershing Hall, a memorial in Paris, France, owned by the United States, to the Department of Veterans Affairs. Requires the Secretary of Veterans Affairs to administer, develop, and improve Pershing Hall and its site, as appropriate. Establishes the Pershing Hall Revolving Fund. Provides for the transfer of monies to the Fund for the construction of major projects. Abolishes the Pershing Hall Memorial Fund and transfers the corpus of the Memorial Fund to the Revolving Fund.
United States · United States Congress · 3 August 1990
Amends the Internal Revenue Code to exclude State and local governmental plans from the limitation on benefits exceeding 100 percent of the participant's average compensation for the high three years. Provides that qualified governmental excess benefit arrangements shall not be taken into account in determining whether pension plans meet the limitations on benefits and contributions of qualified plans. Requires taxation of such benefits as if they were provided under a deferred compensation plan maintained by a corporation not exempt from tax which does not meet the requirements of qualified pension, profit-sharing, and stock bonus plans. Exempts disability income received as a pension, annuity, or similar allowance as a result of personal injuries or sickness from the reduced dollar limitation for defined benefit plans where the employee has less than ten years participation or the retirement benefit begins before the social security retirement age. Repeals the special rule for State and local government plans which requires such limitation to equal the accrued benefit.
United States · United States Congress · 30 July 1990
Banking Law Enforcement Act of 1990 - 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), the Resolution Trust Corporation (RTC), or the National Credit Union Administration (NCUA) Board (acting as conservator or liquidating agent). Amends the Federal Deposit Insurance Act and the Federal Credit Union 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 from 20 years to 30 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 or disposition of property obtained as a result of a banking law violation. Amends the Federal Deposit Insurance Act and the Federal Credit Union 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). Sets forth as a prerequisite for 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 and the Federal Credit Union Act to empower the FDIC and the NCUA (acting as conservators) to avoid fraudulent conveyances by a debtor institution-affiliated party. Prohibits an insured depository institution or credit union 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 and credit unions may make golden parachute payments and covered benefits payments with FDIC or NCUAB approval. Amends the Federal criminal code to revise the 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 and the Federal Credit Union 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 and the Federal Credit Union 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 from five to ten years the statute of limitations for commencing a civil action for Federal bank law violations. Amends the Federal Deposit Insurance Act and the National Credit Union Act to grant the FDIC, the RTC, and the NCUA subpoena authority. Title IV: Structural Reforms to Improve the Federal Response to Crimes Affecting Financial Institutions - Establishes within the Office of the Deputy Attorney General in the Department of Justice a Financial Institutions Fraud Unit, headed by a Special Counsel who shall report directly to the Deputy Attorney General. Terminates such Office five years after enactment of this Act. Empowers the Special Counsel to investigate and prosecute criminal activity involving the financial services industry. Directs the Attorney General to establish: (1) financial institutions fraud task forces; and (2) a senior interagency group to assist in identifying the most significant financial institution fraud cases, to allocate investigative and prosecutorial resources, and to expedite interagency coordination and prosecution of financial institutions fraud. Amends Federal criminal law to authorize the Secret Service (under the direction of the Secretary of the Treasury) to detect and arrest persons who violate banking laws with respect to financial institutions and the Resolution Trust Corporation (RTC). Title V: Reporting Requirements - Directs the Attorney General to report quarterly to the Congress regarding financial institution crimes. Requires the Director of the Administrative Office of the United States Courts to present annual statistical tables to the Congress on the business imposed on the Federal courts by the savings and loan crisis. Title VI: National Commission on Financial Institution Reform, Recovery, and Enforcement - Establishes the National Commission on Financial Institution Reform, Recovery, and Enforcement to make investigations and recommendations regarding specified aspects of the savings and loan crisis. Requires the Commission to submit a final report to the President and the Congress within one year after enactment of this Act. Terminates the Commission 30 days after the submission of such final report. Authorizes appropriations. Title VII: Authorizations - Amends the FIRREA to authorize appropriations to the Attorney General and the Federal Court System for bank crime cases.
United States · United States Congress · 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.
United States · United States Congress · 24 July 1990
Financial Crimes Prosecution and Recovery Act of 1990 as Reported By the Committee on the Judiciary of the House of Representatives - Title I: Enhanced Criminal Penalties - Amends Federal criminal law to establish criminal penalties (including imprisonment) for the concealment of assets from the Federal Deposit Insurance Corporation (FDIC) (acting as conservator or receiver) and the Resolution Trust Corporation (RTC) acting as conservator or receiver. Amends the Federal Deposit Insurance Act to prohibit certain felons convicted of dishonesty or breach of trust from controlling or participating in the affairs of a depository institution for a minimum ten-year period. Amends Federal criminal law to establish criminal penalties (including imprisonment) for obstructing any examination of a financial institution. Increases to 30 years (currently, 20 years) the maximum prison term for bank fraud and embezzlement. Establishes a ten-year statute of limitations for the prosecution of racketeering offenses involving financial institutions. Extends money laundering prohibitions to include funds from specified bank crimes. Directs the U.S. Sentencing Commission to promulgate guidelines for increased penalties for certain bank crime convictions in which the defendant derived more than $1,000,000 in gross receipts from the offense. Provides for restoration of forfeited property and for restitution to bank crime victims. Sets forth maximum criminal fines and minimum imprisonment terms for certain continuing financial crime enterprises (i.e., certain violations committed by at least four persons acting in concert). Title II: Protecting Assets from Wrongful Disposition - Authorizes the Attorney General to obtain a court order enjoining or restraining the alienation of disposition of property obtained as a result of a banking law violation. Amends the Federal Deposit Insurance Act to set forth attachment procedures. Amends Federal bankruptcy law to provide that the trustee shall be deemed to have assumed a debtor's commitment to a Federal depository institution regulatory agency to maintain the capital of an insured depository institution (thus precluding the trustee from rejecting such commitment as an executory contract which can be avoided as a discharge in bankruptcy). Exempts a Federal depository institution regulatory agency acting as conservator for an insured depository institution from the requirement of proving reasonable reliance upon a false writing supplied by a debtor who is an institution-affiliated party. Prohibits a discharge in bankruptcy for debts resulting from the debtor's failure to fulfill a commitment to a Federal financial institution regulatory agency to maintain the capital of an insured depository institution. Exempts a Federal depository institution regulatory agency acting as conservator for an insured depository institution from the requirement of a timely nondischargeability request (including notice and hearing) when seeking to recover a debt relating to malfeasance. Declares that for specified cases of deceitful conduct, any institution-affiliated party of an insured depository institution (or credit union) shall be deemed to have been acting in a fiduciary capacity with respect to any debt owed to a Federal banking regulatory agency (thus making such debt nondischargeable in bankruptcy). Makes it a prerequisite of a bankruptcy reorganization plan that the debtor will: (1) maintain any commitment to a Federal banking regulatory agency to maintain the capital of an insured depository institution; and (2) continue to be obligated for any debt to such agency for failure to fulfill such commitment. Makes certain debts owed by an institution-affiliated party to an insured depository institution under Federal receivership nondischargeable under a consumer debt bankruptcy plan. Amends the Federal Deposit Insurance Act to empower the FDIC (acting as conservator) to avoid fraudulent conveyances by a debtor institution-affiliated party. Prohibits an insured depository institution which does not meet minimum Federal capitalization requirements from making golden parachute payments, covered benefit payments, or certain payments in anticipation of insolvency to an institution-affiliated party without prior written Federal agency approval. Cites conditions under which insured depository institutions may make golden parachute payments and covered benefits payments with FDIC approval. Amends the Federal criminal code to revise civil and criminal forfeiture guidelines for: (1) property affecting a financial institution; and (2) fraudulent offenses involving the sale of assets held by Federal banking regulatory agencies. Amends the Federal Deposit Insurance Act to prohibit certain convicted felony debtors whose default to an insured financial institution in receivership will cause substantial loss from acquiring any asset of the institution (except with respect to repayment). Title III: Improved Procedures for Handling Banking-Related Cases - Amends Federal criminal law to authorize wiretaps for bank fraud and related offenses. Amends the Federal Deposit Insurance Act to set forth reciprocal assistance guidelines for foreign investigations by Federal banking agencies and investigations on behalf of foreign banking authorities. Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) to extend to ten years (currently, five years) the statute of limitations for commencing a civil action for Federal bank law violations. Amends the Federal Deposit Insurance Act and the National Credit Union Act to grant the FDIC, the RTC, and the NCUA subpoena authority. Title IV: Structural Reforms to Improve the Federal Response to Crimes Affecting Financial Institutions - Establishes within the Office of the Deputy Attorney General in the Department of Justice a Financial Institutions Fraud Unit, headed by a Special Counsel who shall report directly to the Deputy Attorney General. Terminates such Office five years after enactment of this Act. Empowers the Special Counsel to investigate and prosecute criminal activity involving the financial services industry. Directs the Attorney General to establish: (1) financial institutions fraud task forces; and (2) a senior interagency group to assist in identifying the most significant financial institution fraud cases, to allocate investigative and prosecutorial resources, and to expedite interagency coordination and prosecution of financial institutions fraud. Amends Federal criminal law to authorize the Secret Service (under the direction of the Secretary of the Treasury) to detect and arrest persons who violate banking laws with respect to financial institutions and the Resolution Trust Corporation (RTC). Title V: Reporting Requirements - Directs the Attorney General to report quarterly to the Congress regarding financial institution crimes. Requires the Director of the Administrative Office of the United States Courts to present annual statistical tables to the Congress on the business imposed on the Federal courts by the savings and loan crisis. Title VI: National Commission on Financial Institution Reform, Recovery, and Enforcement - Establishes the National Commission on Financial Institution Reform, Recovery, and Enforcement to make investigations and recommendations regarding specified aspects of the savings and loan crisis. Requires the Commission to submit a final report to the President and the Congress within one year after enactment of this Act. Terminates the Commission 30 days after the submission of such final report. Authorizes appropriations. Title VII: Authorizations - Amends the FIRREA to authorize appropriations to the Attorney General and the Federal Court System for bank crime cases.
United States · United States Congress · 20 July 1990
Veterans' Compensation Amendments of 1990 - Title I: Compensation Rate Increases - Increases the rates of: (1) veterans' disability compensation; (2) additional compensation for veterans' dependents; (3) the clothing allowance for certain disabled veterans; (4) dependency and indemnity compensation for surviving spouses and children; and (5) supplemental dependency and indemnity compensation for disabled adult children. Authorizes the Secretary of Veterans Affairs to adjust administratively the rates of disability compensation payable to persons who are not in receipt of compensation for service-connected disability or death. Title II: Miscellaneous Program Amendments - Increases from three to six months the period during which a veteran having neither spouse nor child and being furnished domiciliary care by the Department of Veterans Affairs will be paid a monthly pension by the Secretary. Requires that any amount of pension being withheld from a veteran due to the provision of domiciliary or nursing home care by the Department shall be paid in a lump sum after the veteran's discharge or release. Limits such payment to $5,000. Provides that in order to continue to receive payments of pension, compensation, or emergency officers' retirement pay after being rated incompetent, a veteran receiving Government hospital treatment or domiciliary care may not have an estate the value of which exceeds $4,500 (currently $1,500). Authorizes the Secretary to accept gifts, devises, and bequests which enhance the Secretary's ability to provide services or benefits. Allows the payment of parents dependency and indemnity compensation less frequently than monthly if the amount of the annual benefit is less than four percent of the maximum annual rate payable. Prohibits a readjustment in the rating schedule from causing a veteran's compensation amount to be reduced unless an improvement in the veteran's disability is shown to have occurred. Makes the presumptive period (the period after service in a radiation-risk activity during which a disease must become manifest in order to be considered service-connected and, therefore, compensable as disability compensation) for leukemia 40 years (currently, 30). Creates a 40-year presumptive period for members of the reserves who were exposed to atmospheric detonation of a nuclear device during active duty or inactive duty for training and who contract specified diseases or illnesses within such period. States as an exception the disease of leukemia, which is given a 30-year manifestation period in such reserve members. Increases the amount of Veterans' Mortgage Life Insurance available to a veteran owning a home to the lesser of $90,000 or the amount of the loan outstanding on the home. (Currently, the amount is the lesser of $40,000 or such amount.) Increases from one to two years the required time after discharge or release permitted to qualify for National Service Life Insurance (for service-disabled veterans). Title III: Agent Orange - Veterans Agent Orange Exposure and Vietnam Service Benefits Act of 1990 - Provides that the disease of chloracne in Vietnam veterans shall be considered to have been service-connected if such disease became manifest to a ten percent or more degree of disability within one year after the last date on which the veteran performed such service in Vietnam. Presumes the following diseases to be service-connected for veterans who performed active service in Vietnam during the Vietnam era, notwithstanding that there is no record of evidence of such disease during the period of such service: (1) non-Hodgkins lymphoma; (2) soft-tissue sarcoma; and (3) melanoma and basal cell carcinoma. Provides a presumption of service-connection in the case of a Vietnam veteran suffering from a disease associated with effects of exposure to certain dioxins or other herbicide agents during such service in Vietnam. Directs the Secretary to prescribe regulations listing a positive association between any disease and the biological effects of exposure to an herbicide agent in Vietnam. Requires the Secretary to update such list continually. Requires the Secretary, in prescribing and revising such list, to obtain by contract the determinations and estimates of a contract scientific organization. Requires such organization to: (1) determine which diseases have any degree of association with the biological effects of exposure to an herbicide agent; and (2) estimate the extent of association between each such disease and each such biological effects. Requires the organization to determine such association specifically with respect to non-Hodgkins lymphoma, each soft-tissue sarcoma, lung cancer, and each other cancer. Outlines contract provisions required in such agreements between the Secretary and the scientific organization, including surveys, evaluations, and periodic determinations. Requires such scientific organization to provide reports to the Secretary and the Senate and House Veterans' Affairs Committees regarding its determinations and evaluations. Requires such organization to determine, in the effect of a positive association, whether there is reasonable basis for concluding that a Vietnam veteran with the highest level of exposure to that herbicide agent in Vietnam was exposed to such agent under the circumstances necessary for such biological effects. Requires a report from the organization to the Secretary and the veterans' committees when there is no such reasonable basis found. Requires the Secretary to make certain determinations and follow-up reports after receiving such reports from the contract scientific organization, including the issuance of a report to the veterans' committees and the promulgation of positive associations regulations if necessary. Requires benefits to be continued even though a disease is removed from the regulations listing diseases having positive associations. Terminates such contracting authority ten years after the first day of the fiscal year in which a scientific organization transmits its first report to the Secretary. Provides special effective dates. Directs the Secretary to compile and analyze all clinical data that: (1) is obtained by the Department in connection with examinations and treatment of veterans for disabilities related to exposure to certain herbicides or to service in Vietnam; and (2) is likely to be scientifically useful in determining the association, if any, between the disabilities of such veterans and their exposure to such herbicides and other toxic substances. Requires the Secretary to submit an annual report to the veterans' committees concerning such analysis and its results. Directs the Secretary to consult with the Director of the National Institutes of Health Research and Grants Division (NIH) before compiling and analyzing such information. Requires the Director of NIH to review each annual report submitted by the Secretary and transmit to the Secretary an evaluation of the contents of each report. Directs the Secretary to establish and maintain a system for the collection and storage of voluntarily contributed samples of blood and tissue of veterans who performed active service in Vietnam during the Vietnam era. Outlines provisions concerning the security and authorized uses of such specimens as well as limitations on the acceptance of such samples. Requires the Secretary to consult with the National Academy of Sciences (NAS) to the extent that an agreement has been reached with the NAS serving as the contract scientific organization for the Secretary. Requires the Secretary to consult with the Director of the Medical Follow-up Agency in the event of no agreement with NAS. Directs the Secretary to establish a program to provide for the conduct of studies of the feasibility of conducting additional scientific research on health hazards resulting from: (1) exposure to dioxin; (2) exposure to other toxic agents in herbicides used in support of U.S. and allied military operations in Vietnam during the Vietnam era; and (3) active military, naval, or air service there. Requires the Secretary to report to the veterans' committees on the results of such studies. Requires the Secretary to consult with the NAS before undertaking such studies and requires the NAS to review such studies and report recommendations to the Secretary and the veterans' committees, to the extent provided under any agreement between the Secretary and NAS. Amends the Veterans' Benefits Improvement Act of 1988 to require the Secretary to annually furnish updated information to veterans listed in the Department of Veterans Affairs' Agent Orange Registry on health risks resulting from exposure to dioxin or other toxic agents in herbicides as a result of service in Vietnam during the Vietnam era. Directs the Secretary of Health and Human Services to report to the veterans' committees on the research being conducted to develop treatments for physiological absorption of dioxin and other toxic agents used in herbicides by the United States in Vietnam, including research relating to exposure to dioxin and other toxic agents outside Vietnam. Extends through December 31, 2000, the eligibility for hospital and nursing home care for veterans exposed to toxic substances in Vietnam. Amends the Veterans' Benefits Improvement Act of 1988 to authorize direct consultation between the Ranch Hand Advisory Committee and Department of the Air Force scientists conducting the Ranch Hand Study (a study of the long-term health effects of exposure to phenoxy herbicides and contaminants). Requires the preparation and submission of annual reports and a final report in connection with such study.
United States · United States Congress · 16 July 1990
Prohibits U.S. assistance to Malaysia. Requires the Secretary of the Treasury to instruct U.S. executive directors of the International Monetary Fund, the International Bank for Reconstruction and Development, and the International Development Association to oppose all loans to such country. Denies nondiscriminatory treatment (most-favored-nation treatment) to Malaysia. Authorizes the President to waive such prohibitions if Malaysia: (1) agrees to be a country of first asylum to those persons fleeing Vietnam by boat; and (2) terminates the practice of pushing asylum seekers back out to sea.
United States · United States Congress · 25 June 1990
Savings and Loan Prosecution Facilitation Act - Title I: Amendments Relating to Bankruptcy Proceedings - Amends bankruptcy law to preclude from a discharge in bankruptcy: (1) court-ordered restitution for criminal activities that caused a loss to a depository institution or insured credit union; and (2) specified financial assessments issued by a Federal financial institution regulatory agency (or contained in settlement agreement) for certain breaches of fiduciary duty with respect to a depository institution or insured credit union. Title II: Personnel for Investigations and Prosecutions - Authorizes appropriations to the Secretary of the Treasury and the Attorney General for investigation and enforcement personnel. Authorizes interagency coordination for investigation, legal services, and law enforcement. Title III: Amendments Relating to Powers and Proceedings of Federal Banking Agencies - Amends the Federal Deposit Insurance Act to declare that any liability for breach of fiduciary duty by an institution-affiliated party shall be precluded from discharge in bankruptcy. Grants priority to actions brought by the Federal Deposit Insurance Corporation (FDIC) against a party providing services to an insured depository institution (or against an employee of such institution) over suits brought by other parties (except for other Federal claims). Mandates expedited judicial procedures for such actions. Authorizes Federal banking agencies, the FDIC, and the Resolution Trust Corporation (RTC) to cooperate with foreign banking agencies with respect to investigations. Authorizes a court to issue prejudgment attachments and permanent and temporary restraining orders upon application by a Federal banking agency. Grants subpoena authority to the Board of Directors of the FDIC and the RTC acting as conservators or receivers. Authorizes the FDIC as conservator or receiver for any insured depository institution to avoid transfers of property interests or obligations incurred by an institution-affiliated party or debtor made within five years of the date on which the FDIC was appointed conservator or receiver if such conveyance was fraudulent. Title IV: Amendments to Criminal Provisions Applicable to Depository Institutions - Amends Federal criminal law to authorize the Attorney General to obtain restraining orders for banking law violations or alienation of property under certain circumstances. Establishes the penalty of a fine or prison term for concealment of property or assets from a Federal banking agency acting as receiver or conservator. Provides for: (1) wiretap authority for bank fraud and related offenses; and (2) enhanced to order restitution in certain fraud cases.
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 · 20 June 1990
Department of Veterans Affairs Codification Act - Revises provisions of Federal law which established the Department of Veterans Affairs as an executive department. Redesignates the Veterans Health Services and Research Administration as the Veterans Health Administration. Includes the Veterans' Canteen Service and the Board of Contract Appeals within the Department. Establishes within the Department an Under Secretary for Health, who shall be the head of the Veterans Health Administration. Requires the Secretary of Veterans Affairs to establish a commission to recommend individuals to the President whenever a vacancy occurs in the position of the Under Secretary. Redesignates the Chief Benefits Director of the Veterans Benefits Administration as the Under Secretary for Benefits Administration. Requires the Secretary to establish a commission to recommend individuals to the President whenever a vacancy occurs in the position of the Under Secretary. Revises and codifies provisions relating to the authority and various duties of the Secretary. Authorizes the Secretary to prescribe all rules and regulations necessary or appropriate to carry out the laws administered by the Department. Provides for judicial review of such rules and regulations. States that the Veterans Benefits Administration shall be operated by the Under Secretary for Benefits Administration and that the Administration shall be responsible for the following programs: compensation and pension; vocational rehabilitation and educational assistance; veterans' home loan; veterans' and service members' life insurance programs; and outreach and other veterans' services programs. Revises and reorganizes provisions relating to the organization and functions of the Veterans Health Administration. Directs the Under Secretary of the Administration to prescribe all regulations necessary for its administration. Provides specific experience criteria for several of the Assistant Under Secretaries appointed to the Administration. Directs the Secretary to: (1) establish and conduct a comprehensive program to monitor and evaluate the quality of health care furnished by the Administration; and (2) delineate the responsibilities of the Under Secretary with respect to the quality-assurance program. Requires the Under Secretary to periodically evaluate the mortality and morbidity rates for surgical procedures performed by the Administration against prevailing national standards and to explain and report on any significant deviations. Provides that a person may not serve as Chief of Staff of a Department health-care facility if the person is not serving on a full-time basis. Makes technical and conforming amendments. Adds savings provisions.
United States · United States Congress · 14 June 1990
Financial Crimes Prosecution and Recovery Act of 1990 - Title I: National Commission on Financial Crimes - Establishes the National Commission on Financial Crimes to investigate fraud and abuse in the financial services industry and to recommend procedures for improving interagency cooperation and tactics for law enforcement officers in the investigation and prosecution of financial crimes. Sets forth provisions with respect to the membership, powers, pay, reporting requirements, and termination of the Commission. Title II: Improvements in Administration of the Department of Justice - Directs the Attorney General to establish a financial crimes strike force in each Federal judicial district which is in the top quartile of such districts with respect to the total number of criminal referrals filed with the Attorney General by the appropriate Federal banking agencies relating to residents of, or persons located in, such district. Provides for local control of each such strike force, through the U.S. Attorney for such district, except as otherwise provided by the Attorney General. Sets forth provisions regarding pay for attorneys on financial crimes strike forces. Directs the Attorney General to: (1) establish a merit system to recognize and reward outstanding efforts of individuals engaged in the investigation and prosecution of financial crimes; (2) prohibit any U.S. attorney or any other attorney employed by the Department of Justice from taking into account the dollar amount of any loss incurred in connection with any financial crime in making a determination with respect to the investigation or prosecution of such crime; and (3) prescribe by regulation that the investigation of any referral from an appropriate Federal banking agency related to a financial crime involving an insured depository institution in default or in danger of default, or of any troubled institution, be given priority in case management. Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to make specified civil money penalties collected under such Act available to the Attorney General to carry out any provision of law. Amends the Federal criminal code to grant specified officials of the Federal Bureau of Investigation administrative subpoena authority regarding specified financial crimes. Sets forth provisions: (1) with respect to standards governing production of items subpoenaed; and (2) granting persons complying in good faith with a summons or order issued under this Act and producing the materials sought immunity from civil liability to the consumer for such production or nondisclosure of such production. Title III: Improvements in the Administration of the FDIC and the RTC - Amends the Federal Deposit Insurance Act (FDIA) to grant subpoena authority to the Federal Deposit Insurance Corporation (FDIC) and the Resolution Trust Corporation (RTC) as a conservator or receiver or for carrying out authority with respect to an insured depository institution. Amends the Internal Revenue Code to grant the FDIC and the RTC access to Internal Revenue Service returns and return information upon written requests by the respective Board of Directors and upon certification by the Board that it has a substantial need for such returns or return information. Amends the FDIA to authorize Federal banking agencies, in conducting any investigation, examination, or enforcement action under such Act, to: (1) request the assistance of any foreign banking authority; (2) maintain an office outside the United States for such purposes; (3) provide assistance to a foreign banking authority, upon request, if the requesting authority is conducting an investigation involving a violation of laws or regulations relating to banking matters that the requesting authority administers or enforces; and (4) conduct such an investigation as is necessary to collect information and evidence pertinent to such a request without regard to whether the facts stated in the request also constitute a violation of U.S. law. Authorizes the FDIC and the RTC, as conservator or receiver of any insured depository institution, to request the assistance of any foreign banking authority and provide assistance to any such authority in accordance with this Act. Requires the FDIC and the RTC to each maintain a permanent office to coordinate foreign investigations or investigations on behalf of foreign banking authorities. Authorizes the Board of Directors of the FDIC to act in its own name and through its own attorneys in any action or proceeding in which the FDIC is an interested party, whether in its corporate capacity or as conservator or receiver for any insured depository institution. Grants priority to the FDIC over certain claims or actions filed or begun against an affiliated party of the insured depository institution by depositors, creditors, or shareholders of the institution after enactment of this Act. Authorizes the FDIC, as conservator or receiver for any insured depository institution, to avoid any transfer of interest of an institution-affiliated party or any transfer of interest or obligation of person determined to be a debtor of the institution that was made within five years of appointment of the FDIC as conservator or receiver, if such party made such transfer or incurred such liability with intent to hinder, delay, or defraud the insured depository institution. Specifies circumstances under which the FDIC may recover the property transferred or the value of such property. Sets forth provisions regarding prejudgment attachments of assets where an institution-affiliated party may be required to provide restitution to the institution or where the party is a debtor of the institution, and where the assets will be dissipated or otherwise placed beyond the jurisdiction of the court or FDIC before any recovery may be completed unless a trustee is appointed. Establishes criminal penalties for knowingly concealing assets or property from the FDIC or the RTC as a conservator or receiver for any insured depository institution. Requires each Federal banking agency to require directors of depository institutions to complete an educational course on their duties as directors every three years. Authorizes a court or the Attorney General to direct disclosures of matters occurring before a grand jury during an investigation of a banking law violation to identified personnel of a financial institution regulatory agency upon a finding of substantial need, subject to specified conditions. Excludes the payment of restitution under specified Acts including the FDIA from discharge under bankruptcy provisions. Amends the Federal criminal code to subject to civil forfeiture property which constitutes or is derived from proceeds traceable to mail fraud, or fraud by wire, radio, or television, affecting a financial institution. Amends the FDIA, the Federal Credit Union Act, the Revised Statutes, the Federal Reserve Act, the Bank Holding Company Acts of 1956 and 1970, and the Home Owners' Loan Act to permit the appropriate Federal banking agency, the FDIC, or, in the case of the latter statute, the Director, to apply to specified courts to recover from a depository institution administrative costs arising out of actions taken to recover a civil penalty. Title IV: Taxpayer Recovery Act - Taxpayer Recovery Act of 1990 - Makes an exception to a discharge in bankruptcy for: (1) restitution that the debtor has been ordered to pay by a State or Federal court in any criminal proceeding arising from an act that caused a loss to any bank, savings association, or credit union (bank); or (2) damages provided in any judgment, order, or consent decree entered in any State or Federal court, or in any settlement agreement entered into by the debtor, arising from any act involving fraud or reckless disregard for the law committed with respect to any such institution. Requires that any individual acting as a director, officer, or institution-affiliated party of a bank be considered to be acting in a fiduciary capacity with respect to such institution for purposes of a provision making an exception to a discharge from bankruptcy involving fraud or defalcation while acting in such capacity. Specifies that reliance by a creditor will not be required to establish an exception to discharge if the creditor is a financial regulatory agency that is a successor to a bank. Sets forth time limits for the filing of a complaint objecting to the discharge of a debt owed to: (1) a bank that is closed, is in receivership or conservatorship, or is sold to another bank in a transaction assisted by a financial regulatory agency; or (2) such an agency. Specifies that an individual debtor who has committed an act involving fraud or reckless disregard for the law or is subsequently adjudicated to have committed such an act during the pendency of his bankruptcy proceeding with respect to any bank that is in receivership or conservatorship or that is sold to another bank assisted by a financial regulatory agency shall not be exempt from: (1) more than $7,500 in value of the debtor's aggregate interest in any real property that the debtor uses as a residence: and (2) the debtor's interest in any insurance policy or annuity.
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 · 12 June 1990
Housing and Memorial Affairs Amendments of 1990 - Makes eligible for various veterans' home loan benefits any individual not otherwise eligible for benefits who has completed a total of at least six years of service in the Selected Reserve and who was discharged honorably, placed on the retired list, or transferred to an element of the Ready Reserve other than the Selected Reserve. Defines the amount of loan fee to be paid by a veteran qualifying under the Selected Reserve eligibility provisions. Provides that, as of October 1, 1990: (1) the limitation on the number of homes purchased by the Secretary of Veterans Affairs for which loan guaranty defaults occurred which may be financed by a loan made by the Secretary shall cease to have effect; and (2) the Secretary may sell any note evidencing such a loan with or without recourse if the amount received is not less than the unpaid balance of such loan. Prohibits the Secretary from selling any note evidencing a loan for which the Guaranty and Indemnity Fund is available. Extends such property management provisions through December 31, 1993. Makes permanent (current law expires on March 1, 1991) the authority of the Secretary for default procedures for loans made, guaranteed, or insured by the Department. Extends through FY 1993 (currently, FY 1990) the procedure for real estate appraisals to be followed by the Secretary. Authorizes the Secretary to carry out an administrative reorganization that involves closing the loan guaranty division at the Togus Veteran Affairs Medical and Regional Office Center, Togus, Maine, and transferring such functions to the Manchester Veterans Affairs Regional Office, Manchester, New Hampshire. Provides that, in the making of a claim on a manufactured home on which a loan was made or guaranteed by the Department, the holder of the loan shall have the election of submitting a claim to the Secretary based on the value of the property securing the loan as determined by the Secretary, or on the actual proceeds from the liquidation sale of the property securing the loan. Allows payments of a claim on a guaranty to be made only after the filing of an accounting with the Secretary. Authorizes the Secretary to provide for flat grave markers in the section of the Florida National Cemetery in which replaced grave liners were installed before July 30, 1988. Directs the Secretary, at the request of the Secretary of Housing and Urban Development, to certify whether an applicant for assistance under any law administered by HUD is a veteran. Provides that an applicant for a loan made, guaranteed, or insured by the Department shall not be subject to reporting requirements applicable to requests for, or receipts of, Federal contracts, grants, loans, or cooperative agreements except to the extent that such requirements are provided for in or by the Secretary pursuant to the veterans' housing loan guaranty program. Directs the Secretary to carry out a demonstration project, during FY 1991 and 1992 and in at least two but not more than ten regional offices, for guaranteeing loans in a manner similar to which the Secretary of HUD insures adjustable rate mortgages under applicable provisions of the National Housing Act. Requires a report from the Secretary to the Congress on the implementation of such project.
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 · 9 May 1990
Defense Production Act Amendments of 1990 - Amends the Defense Production Act of 1950 to make permanent the provisions of titles I, III, and VII of such Act concerning national defense materials production, supply, priorities, and allocations. (Currently, such provisions terminate as of August 10, 1990.) Restates the defense mobilization preparedness policy of the United States which shall provide for a maximized response to early warning indicators to ensure the timely availability of adequate industrial production and supply for national defense requirements. Increases from $25,000,000 to $50,000,000 the maximum industrial resource shortfall authorized to be reached by the President before a specific authorization by law is required. Extends the term to enter into defense production purchases or purchase commitments to avert shortfalls from September 30, 1995, to no later than ten years from the initial date of such purchase, commitment, or sale. Repeals the requirement of presidential reporting on the effects of offsets on the defense preparedness, industrial competitiveness, employment, and trade of the United States. Repeals a provision which grants immunity from civil and criminal suits and a defense to antitrust law actions for those persons engaging in voluntary agreements for preparedness programs and expansion of production capacity and supply. Provides in lieu defenses for persons against such suits and actions, under certain conditions. Authorizes the President, with respect to certain Defense Production Act activities, to exempt persons who are employed without compensation from Federal antitrust laws or any similar State laws. Requires any such employee who is not required to file a financial disclosure under the Ethics in Government Act of 1978 to file a confidential disclosure with the appointing department or agency. Authorizes the President to exempt from such laws members of the executive reserve who become employed by the Government during periods of emergency, or who are engaged in the national defense executive reserve training program. Requires financial disclosures from such employees to their appointing department or agency when they are not required to file such disclosure under the Ethics in Government Act of 1978. Provides exemptions from the principal conflict of interest laws for Government employees serving without compensation and national defense executive reservists when the President certifies in writing that the national interest requires a waiver of such laws. Repeals certain financial reporting and conflict of interest provisions of the Department of Energy Organization Act. Authorizes appropriations for FY 1991 through 1995 to carry out loan guarantees, loans to private businesses, and purchases of raw materials and installation of equipment for the expansion of defense production capacity and supply. Exempts certain steel plating and thermoelectric coolers from purchase and installation dollar limits. Increases from $1,000 to $10,000 the civil penalty for violations of rules, regulations, and orders under title III of the Defense Production Act of 1950 (the expansion of productive capacity and supply of defense raw materials).
United States · United States Congress · 1 May 1990
Judicial Taxation Prohibition Act - Amends the Federal judicial code to deny to inferior Federal courts jurisdiction to issue any remedy, order, writ, or other judicial decree requiring the Federal Government or any State or local government to impose any new tax or to increase any existing tax or tax rate.
United States · United States Congress · 1 May 1990
Requests the Occupational Safety and Health Administration to publish, within one year, proposed amended regulations that specify the components of an adequate operator training program and certification system for operators of powered industrial trucks.
United States · United States Congress · 25 April 1990
Urban Homesteading and Bulk Sales Act - Amends the Housing and Community Development Act of 1974 to authorize the Secretary of Housing and Urban Development to acquire single family properties in bulk from the Resolution Trust Corporation for transfer to State and local governmental and public agencies for the urban homesteading program. Prescribes guidelines for such program. Authorizes appropriations. Amends the Federal Home Loan Bank Act to prescribe guidelines for urban homesteading acquisition by the Secretary.
United States · United States Congress · 19 April 1990
Department of Veterans Affairs Health Professionals Compensation and Labor-Relations Act of 1990 - Title I: Physicians and Dentists Special Pay - Revises provisions of Federal law relating to special pay for health-care professionals of the Veterans Health Services and Research Administration (HSRA) of the Department of Veterans Affairs (Department). Directs the Secretary of Veterans Affairs, in order to recruit and retain highly qualified physicians and dentists, to provide special pay upon the execution of a written agreement between the Secretary and the individual involved providing that the individual shall serve a required period of obligated service within the HSRA. Provides that such an individual is not entitled to such special pay during the first three years of such service, except at the discretion of the Secretary for full-time services. Prohibits the payment of special pay to those physician and dentist positions for which there is no significant recruitment and retention problem. Outlines requirements of a written agreement, including provisions providing for: (1) a covered period of one to four years; (2) refunding of special pay for unfulfilled service; (3) the waiver of such refund requirement due to circumstances beyond the control of the physician or dentist; and (4) submission to the Secretary of agreements where an individual is entering into a second or subsequent agreement for a specified amount of special pay. Authorizes the Secretary to adjust amounts of special pay to reflect changes in the status of a physician or dentist. Directs the Secretary to provide special pay to eligible full-time physicians based upon specified factors, including: (1) tenure within the HSRA; (2) service in a medical specialty for which it is extremely difficult to recruit and retain qualified professionals; (3) service in certain executive positions; (4) specialty or board certifications; and (5) service in a geographic location for which there are extraordinary difficulties in the recruitment or retention of qualified personnel. Requires the maximum amount of special pay to be paid to the Chief Medical Director (CMD) and the Deputy Chief Medical Director (DCMD). Directs the Secretary to provide special pay to part-time eligible physicians based upon similar factors. Requires the Secretary to pay each such physician an amount of special pay equal to the proportion of full-time service that a physician performs. Directs the Secretary to provide special pay to eligible full-time and part-time dentists based upon similar factors. Prohibits physicians and dentists provided special pay and serving in certain executive positions from being paid scarce specialty pay (another form of special pay that rewards scarce specialty areas of practice). Requires, with regard to the payment of special pay, determinations: (1) that there are extraordinary difficulties in recruitment or retention; (2) of the amount of special pay based upon the special pay factors for each individual; and (3) of whether there are extraordinary difficulties in a specific geographic location in the recruitment or retention of qualified physicians or dentists. Outlines considerations for determinations with respect to extraordinary recruitment and retention difficulties and the payment of scarce specialty pay for individual medical facilities of the Department. Outlines the manner in which special pay is to be considered for purposes of other benefits laws for Federal employees. States that it is the policy of the Congress to assure that total pay for HSRA physicians and dentists is comparable to total pay of other Government physicians and dentists and to the income of non-Federal physicians and dentists. Directs the Secretary: (1) in order to assist in implementing such policy, to obtain measures of income of such non-Department physicians and dentists and to define the bases for pay distinctions; (2) to report to the President quadrennially on appropriate amounts of special pay to HSRA physicians and dentists to carry out such policy; and (3) to report to specified congressional committees annually on the use of authorities under this title. Directs the Secretary to reimburse any full-time board-certified physician or dentist appointed in the HSRA for expenses incurred, up to $1,000 per year, for continuing professional education. Title II: Nurses Pay Grades and Pay Administration - Directs the Secretary to restructure the current nurse pay grades so as to provide four grade levels (entry, intermediate, senior, and director grade levels). Requires the Secretary to maintain the four new grade levels established for nurses employed in the Department. Provides GS-levels for each nurse grade, with appropriate step increments. Requires Department nurses serving as head nurses to receive basic pay at a rate two steps above the otherwise applicable rate. Authorizes the director of a medical center of the Department to provide step promotions or cash bonuses to nurses who have qualifications, experience, or achievements which the director determines exceed the standards for the nurse's current grade. Outlines factors to be considered by the director in making such determinations. Directs the Secretary to provide that the director of a medical center of the Department may appoint a nurse at a basic pay rate in excess of the minimum rate otherwise applicable if necessary to obtain the services of qualified nurses at that medical center. Requires the director to document and include the reasons for taking such action in his or her next budget submission. Repeals a current limitation on the hourly rate of overtime pay permissible for nurses within the Department. Title III: Labor-Management Relations - Revises Federal provisions concerning personnel administration and collective bargaining procedures within the Department. Includes all employees appointed in the HSRA under such provisions. Provides that the authority of the Secretary to prescribe regulations with regard to such employees is subject to the right of Federal employees to engage in the collective bargaining process with respect to conditions of employment. States that such collective bargaining may not cover, or have any applicability to, any matter or question arising out of professional conduct or competence. Provides that the issue of whether a matter concerns or arises out of professional conduct or competence shall be decided by the Secretary and is not subject to collective bargaining. Authorizes the Secretary to prescribe regulations establishing conditions under which employees of the HSRA who are nationally recognized in the area of medical research may be permitted to accept payment from non-Federal entities and individuals for travel and reasonable expenses for attending meetings, performing advisory services, and accepting awards. Requires any person who engages in such extra-professional activities to work a minimum 80-hour biweekly amount. Outlines activities and responsibilities that such a person may not engage in or take on while an employee of the Department. Provides that whenever the CMD brings charges against a Department employee based on conduct or performance and, as a result of those charges, an adverse (disciplinary) action is taken against the employee, the employee shall have the right to appeal the action, either through: (1) a Disciplinary Appeals Board; (2) Department procedures; or (3) grievance procedures provided through collective bargaining, depending on the type of action involved. Requires the Secretary to publish in the Federal Register any proposed regulations concerning the collective bargaining or adverse action procedures. States that Disciplinary Appeals Boards shall have exclusive jurisdiction to review any case: (1) which arises out of a question of professional conduct or competence of an employee of the Department employed on a full-time basis under a permanent appointment; and (2) in which a major adverse action was taken (suspension, transfer, reduction in grade or pay, or discharge). Gives employees involved in such a case the right to: (1) advance written notice of the charges and actions that could be taken if the charges are sustained; and (2) an opportunity to be heard both orally and in writing on such charges. Requires a decision on such case by a deciding official within 21 days after the employee's response to the charges. Allows for a delay in a proposed action for up to one year while an employee seeks counseling or treatment for a condition covered under the Rehabilitation Act of 1973. Allows the Secretary to require an employee to make a written or oral response to the charges within 30 days of receipt, with extension for good cause shown. Outlines further administrative action to be taken by the Board in a major adverse action appeals procedure, together with time limitations involved in each step. States that the Secretary's execution of the Board's decision shall be the final administrative action in the case, with the affected employee entitled to judicial review of the order or decision. Requires the Secretary to prescribe procedures for the consideration of grievances of Department employees arising from adverse actions in which each action taken either: (1) is not a major adverse action; or (2) does not arise out of a question of professional conduct or competence. States that Disciplinary Appeals Boards shall not have jurisdiction to review such matters. States that review of an adverse action shall be provided through either Department procedures or through grievance procedures provided through collective bargaining. Outlines the rights of employees under the Department procedures to: (1) a formal review by an impartial examiner within the Department; (2) a prompt report of findings; (3) a prompt review of the examiner's findings by a higher official; and (4) legal or other representation. Requires the Secretary to appoint Disciplinary Appeals Boards to hear appeals of major adverse actions taken against full-time Department employees based on professional conduct or performance. Authorizes the chairman of such a Board to authorize disclosure to the affected employee of records or information to be reviewed during an appeal procedure. Provides for the protection of the privacy of the individuals whose records are involved. Requires the Secretary to periodically designate Department employees qualified to serve on Disciplinary Appeals Boards and to announce that a list of such qualified employees is available to any person requesting such list. Requires the Secretary to provide training in the functions and duties of such Boards and grievance procedures for employees selected to be on the panel. Title IV: Miscellaneous - Exempts the Veterans Health Services and Research Administration, Medical Care Account from sequestration or reduction under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Authorizes the Secretary to carry out certain administrative reorganizations of regional and district offices as described in a prior communication to the Congress. Requires judges of the U.S. Court of Veterans Appeals to receive the salary rate received by judges of the U.S. Court of Military Appeals. Makes licensed practical nurses, vocational nurses, and nurse assistants eligible for premium pay on the same basis as registered nurses.
United States · United States Congress · 4 April 1990
Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to provide that the definition of "owner or operator" (for purposes of liability) does not include: (1) a designated lending institution which acquires control of a facility pursuant to the terms of a security interest held by the person in such facility or in connection with a lease subject to Federal or State banking authorities; (2) a corporate fiduciary which operates or has legal title to a facility pursuant to the terms of an estate or trust; (3) an individual or institution that serves as an indenture trustee and acquires control of a facility as the result of default on a financing document between the trustee and the issuing entity; and (4) an individual fiduciary who has legal title to a facility for purposes of administering an estate or trust.
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