United States · United States Congress · 12 June 1990
Amtrak Reauthorization and Improvement Act of 1990 - Amends the Rail Passenger Service Act to authorize appropriations through FY 1992 for the National Railroad Passenger Corporation (Amtrak). Limits the liability for certain rail accidents occurring in the District of Columbia to no more than the limits of coverage maintained by a publicly funded commuter transportation authority established under Virginia law to indemnify Amtrak or any railroad over which the authority conducts its operations. Authorizes the use of proceeds from the sale of railroad lines that were acquired and rehabilitated with funds under the Rail Safety and Service Improvement Act of 1982 for similar purposes with respect to railroad lines connected with such a line for the purpose of continued rail service on them. Requires Amtrak to cooperate with the efforts of the Washington State Department of Transportation in designing a study of the feasibility of reestablishing rail service between Seattle, Washington, and Vancouver, British Columbia. Directs Amtrak to study and report to the Congress on the revenue and cost implications of separating the California Zephyr-Desert Wind-Pioneer train into two service routes serving a southern and a control route through Iowa. Prohibits the compensation of any rail or motor carrier employee who works in more than one State from being subject to State income taxes in any State but the State in which the employee resides. Amends the Railroad Unemployment Insurance Act to treat Amtrak as a publicly funded rail carrier with respect to its contribution toward employees' unemployment compensation benefits. Directs the Secretary of Transportation to study and report to the Congress on the potential need among Class II and Class III railroads for Federal guarantees of obligations for funding rehabilitation and improvement of facilities and equipment, acquisition of new railroad facilities, or refinancing of existing debt.
United States · United States Congress · 7 June 1990
Expresses the sense of the Senate that: (1) the accession of Taiwan to the General Agreement on Tariffs and Trade (GATT) is in the best interest of the United States and of the world trading system and should be achieved prior to the end of the Uruguay Round; and (2) the United States should take the necessary steps to assure such country's membership in the GATT.
United States · United States Congress · 24 May 1990
Designates the week of June 17 through June 23, 1990, as National Week to Commemorate the Victims of the Famine in Ukraine, 1932-1933. Condemns the disregard for human rights characterized by the Soviet Union during the famine and expresses sympathy for victims of the famine. Requests the President to call attention to Soviet policies that caused the famine and have suppressed Ukrainian human rights and the expression of cultural and social heritage. Recognizes the reforms underway in the Ukraine and urges the Soviet Government to: (1) move forward toward democratization and restructuring; and (2) provide a framework for the realization of the rights and aspirations of the Ukrainian people.
United States · United States Congress · 24 May 1990
Urges the President to: (1) analyze all trade-related barriers inhibiting U.S. investment in Japan; and (2) establish a timetable for the removal of such barriers, either through bilateral agreement, or by multilateral agreement under the General Agreement on Tariffs and Trade. Expresses the sense of the Congress that such analysis: (1) not be limited to the issues contained within the Structural Impediments Initiative; and (2) provide a rational way Japanese investors in American companies ought to receive and exercise shareholder rights when such rights are denied American investors in Japanese companies.
United States · United States Congress · 23 May 1990
Requires the Secretary of Commerce to take appropriate measures beginning with the 1990 census to ensure that: (1) no member of the armed forces shall be excluded based on being assigned to a post outside of the United States; and (2) each such member is enumerated at such member's home of record.
United States · United States Congress · 23 May 1990
Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 to extend through FY 1992: (1) special refugee categories for certain Soviet and Indochinese nationals; and (2) status adjustment for certain Soviet and Indochinese parolees.
United States · United States Congress · 18 May 1990
Authorizes the States to waive application of the Commercial Motor Vehicle Safety Act of 1986 to vehicles used either for transporting farm supplies from retail dealers to or from a farm, or for custom harvesting, regardless of whether or not they are controlled or operated by a farmer.
United States · United States Congress · 15 May 1990
Extends the congratulations of the Congress to the National Federation of the Blind on the occasion of its 50th anniversary, November 16, 1990, and notes with appreciation the significant contributions made by it in improving the quality of life, the public image, and increasing public understanding of the blind.
United States · United States Congress · 11 May 1990
Mississippi River Corridor Study Commission Act of 1990- Establishes the Mississippi River Corridor Study Commission to study and make recommendations regarding: (1) the creation of a Mississippi River National Heritage Corridor through the States of Arkansas, Illinois, Iowa, Kentucky, Louisiana, Minnesota, Mississippi, Missouri, Tennessee, and Wisconsin; and (2) preservation of the Corridor.
United States · United States Congress · 9 May 1990
Amends the Internal Revenue Code to permit individuals who do not itemize deductions a direct deduction from gross income of charitable deductions in excess of $100.
United States · United States Congress · 1 May 1990
Amends the Caribbean Basin Economic Recovery Act and the Trade Act of 1974 to require the President not to designate a country as a beneficiary country eligible for duty-free treatment of its products if it does not have effective natural resource protection and pollution abatement and control standards to protect air, water, and land, or if its standards are not observed. Adds a country's lack of environmental protection standards to "unreasonable practices" used as factors for determining retaliatory action under the Trade Act of 1974.
United States · United States Congress · 5 April 1990
National Tree Trust Act of 1990 - Title I: National Tree Trust - Authorizes the President to designate a private nonprofit organization meeting certain criteria the National Tree Trust Foundation, which shall promote tree planting. Authorizes the Secretary of Agriculture to make a grant to the Foundation in FY 1991. Title II: Assistance for Tree Planting and Forest Improvement - Authorizes the Secretary of Agriculture to establish rural and community tree planting and forest improvement programs as special components of the Rural and Urban Forestry Assistance Programs under the Cooperative Forestry Assistance Act. Provides for financial, technical, and related assistance to State foresters in order to assist nonindustrial private landowners, local governments, civic organizations, and individuals to plant, maintain, and improve trees and forests. Authorizes the Secretary to develop a cost-sharing program (with a Federal share of up to 75 percent) to encourage tree planting and management on nonindustrial private lands. Title III: Authorization of Appropriations - Authorizes appropriations.
United States · United States Congress · 5 April 1990
Prohibits the issuance of a license to U.S.-owned firms to carry on certain trade activities with Cuba. Subjects U.S. vessels which enter a Cuban port to engage in trade to seizure, forfeiture, and sale by the United States. Authorizes the President, beginning October 1, 1991, to withhold economic support fund assistance under the Foreign Assistance Act of 1961 from any country equal to the value of sales of sugar from Cuba imported by such country in the preceding fiscal year. Expresses the sense of the Congress that the President should urge countries that import sugar from Cuba and do not receive such U.S. assistance to import it from other Central American or Caribbean countries with democratic governments. Amends the Trading With the Enemy Act to authorize the Secretary of the Treasury to impose civil penalties for violations of this Act.
United States · United States Congress · 4 April 1990
Textile, Apparel, and Footwear Trade Act of 1990 - Limits the 1990 imports of textiles and textile products classified under a category to an amount equal to 101 percent of the total 1989 imports classified under such category. Limits the 1990 imports of nonrubber footwear classified under a nonrubber footwear category to an amount equal to: (1) the total 1989 imports of nonrubber footwear classified under such category; and (2) in the case of high priced nonrubber footwear, the total 1989 imports of high priced nonrubber footwear classified under such category. Provides for a one-percent annual growth in the amount of permitted imports of textiles and textile products after 1990. Exempts from the limitations imposed under this Act imports of textiles and textile products from U.S. possessions if such articles are exempt from duty under the Harmonized Tariff Schedule of the United States and are manufactured by U.S. citizens, nationals, or permanent residents of such a possession. Limits the imports of certain sweaters made in Guam to a specified amount during FY 1990 and to such amount increased by one percent per year in subsequent years. Declares that such limitations shall not apply to Canada or Israel. Sets forth limitations on the amount of textile and textile products classified under certain import categories which may be imported from beneficiary countries under the Caribbean Basin Initiative. Authorizes the President to: (1) enter into trade agreements to grant new concessions as compensation to the extent required under U.S. trade agreements for the import limits imposed by this Act; and (2) proclaim such modification or continuance of any existing duty on textiles and textile products and on nonrubber footwear as necessary to carry out such agreements. Prohibits the President from reducing any rate of duty by more than ten percent. Requires the President, before entering into such trade agreements, to consider whether a country has violated trade concessions of benefit to the United States and the violation has not been adequately offset. Sets forth requirements governing staged rate reductions in the tariffs of articles affected by this Act. Prohibits the President, except as authorized by this Act, from entering into trade negotiations with any country with respect to duties on textiles, textile products, and nonrubber footwear. Prohibits the President, except as provided in this Act, from decreasing or proposing a decrease in any such duty by any means, including an implementing bill or a proclamation. Requires the President to report annually to the Congress on the administration of this Act. Requires the Secretary of Commerce, ten years after enactment of this Act, to study and report to the Congress on its operation. Requires the Secretary of the Treasury to establish a pilot program for the issuance and sale to U.S. companies at public auction of import licenses applicable to categories of textiles. Terminates such licensing program on December 31, 1991, and requires a report to the Congress on its administration.
United States · United States Congress · 3 April 1990
Agricultural Export Revitalization Act of 1990 - Amends the Merchant Marine Act of 1936 to extend the requirement that the Secretary of Transportation take steps to preserve the percentage share of certain commodities of waterborne cargoes exported from Great Lakes ports under the Agricultural Trade Development and Assistance Act of 1954. Phases out, over three years beginning in 1991, the requirement that 25 percent of the gross tonnage of certain U.S. exports be transported on U.S.-flag commercial vessels. Requires the Secretary of State to initiate discussions with Canada to reduce or eliminate all tolls on the International Great Lakes and the Saint Lawrence Seaway. Requires the Secretary of Transportation to report to the appropriate congressional committees on the progress of such discussions.
United States · United States Congress · 3 April 1990
Expresses the sense of the Congress that: (1) Amtrak should be funded at a level that will enable it to continue to operate a national railway system, to acquire new passenger equipment and modernize its maintenance facilities, and to improve its financial performance and service levels; and (2) the Secretary of Transportation and the Administrator of the Federal Railroad Administration should work with Amtrak management to lower Amtrak's dependence on public funding, to assign the highest priority possible to safety, and to ensure the adequacy of the national rail passenger infrastructure as a key element in a balanced national transportation system.
United States · United States Congress · 2 April 1990
Farm Stewardship Act of 1990 - Title I: Soil Conservation - Amends the Food Security Act of 1985 to extend the conservation reserve program through 1995. Directs the Secretary of Agriculture to establish national sustainable soil loss goals. Title II: Water Conservation - Makes a person (after January 1, 1985) ineligible for specified agricultural program benefits if such person: (1) has violated Federal or State ground or surface water quality standards for two or more successive years; and (2) has not applied a required conservation plan. Title III: Wetlands Conservation - Amends the Food Security Act of 1985 to make a violation of the wetland conservation program effective upon conversion of wetland. (Currently a violation is effective upon crop production.) Establishes a graduated penalty for first-time violations if such wetland is restored or mitigated within one year as provided for by this Act. Prohibits the use of Federal funds or credit for wetland conversion. Provides for wetland inclusion in the farm stewardship program established by this Act. Amends the Watershed Protection and Flood Prevention Act to provide cost sharing assistance to landowners for permanent easements for watershed protection, flood prevention, and wildlife habitat activities. Title IV: Wildlife Conservation - Amends the Food Security Act of 1985 to extend through crop year 1995 multiyear set aside authority. Requires a producer to designate the same cropland each year for all set-aside programs, except as necessary for crop rotation or farm operation changes. Title V: Farm Stewardship Program - Amends the Food Security Act of 1985 to direct the Secretary to establish a farm stewardship program to assist producers in protecting fragile natural resources of high public value as well as farm natural resources through permanent conservation easements. Provides for cost sharing assistance. Sets forth categories of eligible lands as follows: (1) highly erodible land as of 1996; (2) croplands that may affect surface or groundwater quality; (3) certain wetlands; (4) wildlife habitats; and (5) fragile natural resources. Directs the Secretary to designate easement managers. Authorizes limited economic use of such land where appropriate. Authorizes appropriations. Amends the Water Bank Act to include permanent conservation easements among water bank agreement provisions. Title VI: Whole-Farm Conservation Plans - Directs the Secretary to provide a requesting producer with technical assistance in preparing a whole-farm conservation plan, which shall identify and assess: (1) cost-effective conservation practices; (2) best management practices; (3) wildlife habitats; (4) wetlands, flood plains, and riparian areas; and (5) farm objectives and related practices. Title VII: Debt for Nature - Amends the Consolidated Farm and Rural Development Act to provide that: (1) conservation easements on land securing a loan under such Act shall be acquired prior to any loan restructuring; and (2) such land shall be enrolled in the farm stewardship program. Requires: (1) the Secretary to acquire permanent conservation easements on Federal inventory land before disposing of it; and (2) such land to be enrolled in the farm stewardship program. Requires that before receiving an agricultural loan, any land owned by a borrower that contains fragile natural resources shall be: (1) permanently protected by a conservation easement; or (2) held by the Government as collateral for such loan. Requires such land to be enrolled in the farm stewardship program. Title VIII: State Technical Committees - Amends the Food Security Act of 1985 to direct the Secretary to establish in each State a State Technical Committee relating to conservation measure implementation.
United States · United States Congress · 29 March 1990
Parents as Teachers: the Family Involvement in Education Act of 1990 - Authorizes the Secretary of Education (the Secretary) to make grants to States for parents as teachers programs. Makes eligible for such a grant any State which operates a parents as teachers program associated with the Parents as Teachers National Center in Missouri. Sets forth program requirements, limiting services to families during the period from the last three months of a mother's pregnancy to the child's attaining age three. Prohibits requiring any person to participate in any program of parent education or developmental screening, or any program for developmentally delayed children. Directs the Secretary to: (1) establish a Parents as Teachers National Center for information dissemination and technical and training assistance for States with such programs; and (2) evaluate such programs within four years. Authorizes appropriations.
United States · United States Congress · 22 March 1990
Eastern European Economic Recovery Act of 1990 - Amends the Bretton Woods Agreement Act to direct the Secretary of the Treasury to instruct the U.S. executive director of the International Bank for Reconstruction and Development to work for the development of a facility to provide loans and economic and technical assistance to the emerging democracies of Eastern Europe. Requires the majority of such lending to be for the private sector. Prohibits the provision of credit to parastatal organizations except for infrastructure projects for roads and bridges. Requires public sector loans to be used primarily to cover transition costs from socialist to free market economies. Conditions the provision of such assistance on progress in guaranteeing specified aspects of market economies.
United States · United States Congress · 20 March 1990
Authorizes the Secretary of Education to pay to the Museum of Tolerance of the Simon Wiesenthal Center, in Los Angeles, California, 50 percent of the cost of designing and operating education programs concerning the Holocaust. Authorizes appropriations.
United States · United States Congress · 20 March 1990
Homeownership and Opportunity for People Everywhere Act of 1990 - Title I: HOPE Grants - Subtitle A: HOPE for Public and Indian Housing Homeownership - Amends the United States Housing Act of 1937 to authorize planning and implementation matching grants for public and Indian housing homeownership. Authorizes appropriations. Subtitle B: HOPE for HUD Multifamily Homeownership - Authorizes technical assistance, planning, and implementation matching grants for multifamily housing. Authorizes appropriations. Subtitle C: HOPE for Homeownership through Nonprofit Organizations - Authorizes implementation matching grants to private nonprofit organizations to carry out homeownership programs. Authorizes appropriations. Title II: Preservation of Low-Income Housing and Resident Homeownership - Retitles title II of the Emergency Low Income Housing Preservation Act of 1987 as the "Low-Income Housing Preservation and Resident Homeownership Act of 1990." Revises mortgage prepayment provisions. Authorizes approval of resident homeownership plans. Sets forth related conditions. Title III: Other HOPE Programs - Amends the Stewart B. McKinney Homeless Assistance Act to establish the shelter plus care program to provide specified rental assistance in connection with related support services to homeless persons who are seriously mentally ill or who have chronic alcohol or drug problems. Authorizes appropriations. Establishes a demonstration program to test the effectiveness of combining housing vouchers and support services to assist frail elderly persons to continue to live independently. Amends the United States Housing Act of 1937 to establish the Operation Bootstrap program to promote the development of local strategies to coordinate certificate and voucher program assistance with public and private resources to enable eligible families to achieve economic independence. Authorizes appropriations. Title IV: Housing Opportunity Zones - Authorizes the Secretary of Housing and Urban Development to designate Housing Opportunity Zones and approve Barrier-Removal Plans for cities and urban counties in order to remove legislative and administrative barriers to new and rehabilitated housing production.
United States · United States Congress · 20 March 1990
Acknowledges that Jerusalem is and should remain the capital of the State of Israel. Declares that Jerusalem must remain an undivided city in which the rights of every ethnic religious group are protected. Calls upon all parties involved in the search for peace to maintain their efforts to bring about negotiations between Israel and Palestinian representatives.
United States · United States Congress · 9 March 1990
Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to exclude rental payments and cost sharing payments to owners or operators of a farm or ranch under the conservation reserve provisions of the Food Security Act of 1985 from the income of an individual who has attained retirement age and is entitled to OASDI benefits.
United States · United States Congress · 9 March 1990
Amends the Federal Food, Drug, and Cosmetic Act to define "light butter" and "reduced fat butter" as being a product with the same appearance as butter but with at least one-third fewer calories, made from milk or cream, with 52 percent milk fat, and meeting other requirements. Specifies optional ingredients.
United States · United States Congress · 9 March 1990
Agricultural Export Enhancement Act of 1990 - Directs the Secretary of Agriculture to establish the Export Market Research Loan Program, administered through the Foreign Agricultural Service, to make loans to eligible entities to perform research directed at expanding agricultural export markets. Requires the Secretary to establish the New Market Task Force to develop foreign market development strategy, coordinate and disseminate information, advise and educate such entities, concerning agricultural export markets and domestic trade programs. Authorizes appropriations. Amends the Food Security Act of 1985 to require the Secretary for FY 1991 through 1995 to use a specified amount of funds, or commodities owned by, the Commodity Credit Corporation for targeted export activities designed to develop new foreign markets for agricultural products. Requires the Administrator of the Foreign Agricultural Service to report to specified congressional committees: (1) any recommendations about proposed locations of New Agricultural Trade Offices and proposed fund uses; (2) estimated personnel and appropriations needs of such offices; and (3) an analysis of the Service's hiring ceiling. Requires the Secretary of State to permit the Agricultural Trade Offices to employ necessary personnel even if their employment exceeds embassy personnel limits. Requires the Secretary to establish a Processed Products Export Enhancement Program providing agricultural commodities acquired by the Corporation to U.S. exporters, users, and processors and foreign purchasers at no cost. Amends the Food for Peace Act of 1966 to extend the authority of the Agricultural Export Credit Revolving Fund through October 1, 1995.
United States · United States Congress · 7 March 1990
National Drug and Crime Emergency Act - Declares a National Drug and Crime Emergency for a five-year period, during which time it shall be U.S. policy that: (1) every person convicted in a Federal court of a crime of violence against a person or a drug trafficking felony (other than simple possession) shall serve no less than five years' imprisonment without release; (2) prisoners may be housed in tents and other temporary facilities; and (3) the Federal courts may limit the inmate population of a Federal or State prison or jail only when an inmate proves that crowding has resulted in cruel and unusual punishment and no other remedy exists. Title I: Elimination of Crime Without Punishment - Subtitle A: National Drug and Crime Emergency Policies - Amends the Federal criminal code to prohibit the Federal courts, during such Emergency, from: (1) holding prison crowding unconstitutional under the eighth amendment except to the extent that an individual plaintiff inmate proves that the crowding causes the infliction of cruel and unusual punishment; and (2) placing an inmate ceiling on any Federal, State, or local detention facility as an equitable measure for conditions that violate the eighth amendment unless crowding itself is inflicting cruel and unusual punishment on individual prisoners. Requires that each Federal court order seeking to remedy an eighth amendment violation be reopened at the behest of a defendant for recommended alteration at a minimum of two-year intervals. Applies this title to all outstanding court orders on the date of enactment of this Act. Permits any State or municipality to seek modification of any outstanding eighth amendment decree pursuant to this Act. Directs the Attorney General to take steps, consistent with security considerations, to ensure that sufficient facilities exist to house individuals whom the courts have ordered incarcerated, including consideration of tent housing or other shelters placed on available military bases and at other locations. Authorizes the President to direct the National Guard and the Army Corps of Engineers to design and construct temporary detention facilities. Requires: (1) the Secretary of Defense, the Commission on Alternative Utilization of Military Facilities, and the Director of the Bureau of Prisons to identify suitable military installations and examine the feasibility of using tent housing; and (2) the Director to report to the Congress within 90 days. Amends the Defense Authorization Amendments and Base Closure and Realignment Act to require the Secretary to notify the Attorney General and the Governor of each of the U.S. territories and possessions (currently, all departments and instrumentalities within the Department of Defense (DOD)) of the availability of any real property or facility located at a military installation to be closed. Authorizes the transfer of such property to the Attorney General, a State, territory, or possession, or the District of Columbia for use as a correctional institution. Requires the Director to: (1) review current construction standards and methods used in building Federal prisons; (2) examine and recommend cost cutting measures that could be employed in prison construction; and (3) submit the results to the Congress. Authorizes the Attorney General to contract for private construction and operation of Federal prisons. Requires the use of creative and cost-effective private financing alternatives and private prison construction and operation where possible. Specifies that operating costs of privately-operated prisons shall be covered through rent charged to Government units placing inmates in prisons. Requires the Administrator of the General Services Administration to identify at least 20 parcels of surplus Federal property which the Attorney General has certified are not needed for Federal correctional facilities but which may be suitable for State or local correctional facilities. Makes property determined to be in excess of Federal needs that may be suitable for use as correctional facilities available during such Emergency to the Attorney General, or secondarily, to a State, the District of Columbia, or a local government. Permits State and local governments to use Federal temporary incarceration facilities, when they are not needed to accommodate Federal prisoners, for incarcerating prisoners at a per diem fee payable to the Bureau of Prisons. Requires every person who, during the Emergency, is convicted in Federal court of committing a crime of violence against a person or a drug trafficking crime (other than simple possession), to be sentenced to and serve no less than five years' imprisonment. Prohibits any such person from being released from custody for any reason prior to completion of the sentence unless the sentence imposed is greater than five years and is not a mandatory minimum sentence without release. Subtitle B: Imposition of Mandatory Minimum Sentences Without Release - Amends the Federal criminal code to establish the following penalties for offenses committed during and in relation to any crime of violence or drug trafficking crime, in addition to the punishment provided for such crime. Provides that whoever: (1) possesses a firearm shall be sentenced to imprisonment for ten years without release; (2) discharges a firearm with intent to injure another person shall be sentenced to imprisonment for 20 years without release; or (3) possesses a firearm that is a machinegun or is equipped with a firearm silencer or muffler shall be sentenced to imprisonment for 30 years without release. Sets penalties for second, third, and subsequent convictions. Prohibits the release of any person convicted for any reason during a term of imprisonment imposed under this subtitle. Amends the Controlled Substances Act (CSA) to: (1) mandate life imprisonment without release for individuals convicted after two or more felony drug offenses or for a crime of violence; and (2) increase the sentences for distributing illegal drugs to persons under age 21 and for employing persons under 18 years of age in drug operations to up to ten years without release for a first offense and up to 20 years without release for a second offense. Prohibits the court from placing such persons on probation or suspending the sentence. Prohibits their release during the term of the sentence. Increases prison sentences for trafficking in marihuana and specified categories of controlled substances. Establishes mandatory sentences, in addition to any other sentence imposed for the underlying possession or distribution, of: (1) one year imprisonment without release in a case involving possession of a controlled substance within a Federal prison or other Federal detention facility; and (2) ten years without release in a case involving the smuggling of a controlled substance within such prison or facility. Prohibits the court from placing such individuals on probation or suspending the sentence. Prohibits such person from being eligible for parole during such term of imprisonment. Amends the Immigration and Nationality Act to: (1) require the deportation of aliens convicted of drug trafficking crimes or crimes of violence or for commission of an aggravated felony; and (2) increase the penalty (currently, 15 years for individuals whose deportation was subsequent to certain felony convictions) to 20 years without release, and to life imprisonment without release for a second violation, without probation, suspension of sentence, or early release, for reentry of a deported alien whose deportation was subsequent to a conviction for a drug trafficking crime or crime of violence. Grants priority for Federal drug law enforcement assistance funds from Bureau of Justice Assistance (BJA) Grant Programs to States having laws providing for mandatory minimum sentences, elimination of early release, and payment of trial costs and mandatory fines by individuals convicted of specified controlled substance violations. Revises the formula for determining the amount distributed from the Drug Control and System Improvement Grant Program. Subtitle C: Mandatory Work Requirements for Prisoners, Withholding Federal Benefits, and Drug Testing of Prisoners - Expresses Federal policy that: (1) prisoners shall work absent medical certification of 100 percent disability, security considerations, or disciplinary action; and (2) States and local governments have the same authority to require all convicted prisoners to work. Provides for the deposit in a separate fund in the Treasury of funds generated from prison labor for prison construction and operating expenses or payment of judgments. Specifies that prisoners shall be paid a share of funds generated by their labor. Repeals provisions establishing penalties for transportation or importation of prison-made goods. Authorizes the Federal Prison Industries to sell such goods to the public. Amends the Walsh-Healy Act to permit convict labor under specified conditions. Requires the Attorney General to submit to the Congress a report making recommendations for legislation to: (1) ensure that businesses and labor do not suffer unfair consequences from such repeal; and (2) encourage greater private sector participation in prison industries. Authorizes the Attorney General to enter into contracts with private businesses for the use of inmate skills that may be of commercial use to such businesses. Sets forth provisions with respect to security requirements involved in the use of convict labor. Provides for the withholding of prisoners' Federal benefits to offset incarceration costs. Directs the Attorney General to establish a program of drug testing of targeted classes of arrestees, prisoners, and persons on release. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to bar Federal funding under the drug control and system improvement grant program for States failing to have an analogous State program. Subtitle D: Judicial Reform to Protect the Innocent and Punish the Guilty - Specifies that: (1) evidence obtained as a result of a search or seizure shall not be excluded in any Federal court proceeding on the ground that the search or seizure was in violation of the fourth amendment, if the search or seizure was carried out in circumstances justifying an objectively reasonable belief that it was in conformity with the fourth amendment; and (2) the fact that evidence was obtained pursuant to and within the scope of a warrant constitutes prima facie evidence of the existence of such circumstances. Prohibits the exclusion of evidence in any Federal court proceeding on the ground that it was obtained in violation of a statute, administrative rule or regulation, or rule of procedure unless exclusion is expressly authorized by statute or by Supreme Court rule. Amends the Federal judicial code to condition consideration of a habeas corpus claim by a State prisoner on a showing of actual prejudice resulting from the denial of a Federal right, and that: (1) State action precluded assertion of the right; (2) the Federal right asserted was newly recognized; or (3) the factual basis of the claim could not have been discovered through the exercise of reasonable diligence prior to the procedural default. 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. Amends the CSA to require: (1) the court, prior to sentencing on a conviction in a Federal court of a felony under such Act, to compile a list of assets owned by the defendant not subject to forfeiture; and (2) upon request of the Attorney General, the court to direct the defendant to provide proof that any asset owned by the defendant not on such list was legally obtained. Authorizes the Attorney General to seize assets that the defendant does not prove were legally obtained. Requires the proceeds from such assets to be deposited in the Department of Justice Assets Forfeiture Fund and to be available for transfer to the building and facilities account of the Federal prison system. Sets forth provisions regarding the term of appointment, authority, and jurisdiction of special masters. Requires the Administrative Office of the United States Courts to publish annually a report on the sentencing patterns of Federal judges. Title II: Achieving a Drug-Free America by 1995 - Requires individuals convicted of a CSA violation of possession of a controlled substance to pay to the Treasury the cost of the trial or, where defendant has insufficient income and property, an appropriate amount as determined by the court. Limits such payment to 25 percent of such person's annual income. Provides for mandatory fines of at least ten percent of income for a first offense and 25 percent for subsequent offenses. Subjects such person's property to forfeiture where there is insufficient income to pay such fines. Amends the Anti-Drug Abuse Act of 1988 to eliminate the judge's discretion in making individuals convicted of State offenses for the distribution of controlled substances ineligible for unearned Federal benefits, with exceptions for persons who: (1) declare and show by clear and convincing (currently, a reasonable body of) evidence that they are addicts and submit to long-term treatment; or (2) are determined to be rehabilitated. Makes similar changes with respect to individuals convicted of Federal or State drug possession offenses. Authorizes the court to reduce the period of ineligibility for such benefits to three months if the individual: (1) successfully completes a supervised drug rehabilitation program which includes periodic, random drug testing; or (2) completes a period of community service and passes such testing. Grants priority for Federal drug law enforcement assistance funds from BJA Grant Programs to States having laws providing for revocation of drivers' licenses for individuals convicted of specified controlled substances violations. Revises the formula for determining the amount distributed from the Drug Control and System Improvement Grant Program to reduce allocations to States which do not have such laws. Sets forth conditions for reinstatement. Requires the Secretary of Transportation to cause the Federal Aviation Administration to amend its regulations to revoke pilots' licenses for such violations. Amends the Public Health Service Act to make a State's receipt of Federal drug abuse allotments contingent upon the State submitting: (1) Statewide Drug Treatment Plan annually that meets certain specifications; and (2) periodic progress reports. Amends the Higher Education Act of 1965 to bar institutions of higher education from eligibility for Federal assistance unless they certify that they have adopted and implemented an alcohol and drug abuse prevention program for students and employees meeting specified requirements. Amends the Drug-Free Schools and Communities Act of 1986 to bar local educational agencies from eligibility for Federal assistance unless they make a similar certification. Transportation Employee Testing Act - Amends the Federal Aviation Act of 1958 to require the Administrator of the Federal Aviation Administration to: (1) establish a program requiring foreign and domestic air carriers to conduct preemployment, reasonable suspicion, random, and post-accident testing for illegal drug and alcohol use of air carrier personnel responsible for safety-sensitive functions and providing for periodic recurring testing of such employees; and (2) require the suspension or revocation of any certification issued to such person, or disqualification or dismissal, where such illegal drug or alcohol use has been confirmed. Bars air carrier personnel responsible for safety-sensitive functions from serving in such positions without having completed a rehabilitation program. Requires the Administrator to prescribe regulations for such programs which: (1) provide for the identification and opportunity for treatment of employees needing assistance; (2) specify the circumstances under which such employees shall be required to participate; (3) promote individual privacy in the collection of specimen samples; and (4) with respect to laboratories and testing procedures, incorporate Department of Health and Human Services scientific and technical guidelines are intended to assure accuracy, confidentiality, and nondiscriminatory methods. Directs the Secretary of State and the Secretary of Transportation to jointly call upon member countries of the International Civil Aviation Organization to strengthen and enforce existing standards to prohibit illegal drug and alcohol use by crewmembers in international civil aviation. Amends the Federal Railroad Safety Act of 1970, the Commercial Motor Vehicle Safety Act (CMVSA), and the Urban Mass Transportation Act of 1964 to establish programs similar to the Federal Aviation Act program for drug and alcohol testing. Provides for a pilot program, under the CMVSA, for the random testing of commercial motor vehicle operators and requires the Secretary to report on the results to the Congress. Makes funds from the Surface Transportation Assistance Act of 1982 available for the CMVSA program. Requires the Secretary to determine appropriate sanctions for mass transportation vehicle operators who are determined to have used alcohol or controlled substances in violation of law or Federal regulation but who are not under the influence of such substances. Amends the Federal judicial code to provide for the payment of awards to persons providing information leading to the arrest and conviction of individuals for the unlawful sale, or possession for sale, of a controlled substance or controlled substance analogue. Title III: Authorization of Appropriations - Authorizes appropriations to carry out this Act.
United States · United States Congress · 7 March 1990
Nonindigenous Aquatic Nuisance Act of 1990 - Title I: United States Coast Guard Regulations - Directs the Secretary of the department in which the Coast Guard is operating, through the Commandant of the Coast Guard, to promulgate regulations to prevent and control the transportation into U.S. waters of viable biological materials in ship ballast waters. Mandates the use of a high sea ballast water exchange or alternative methods developed and recommended by the Secretary. Directs the Secretary to promulgate regulations to prevent the unintentional transfer or introduction of nonindigenous species by ships operating exclusively within U.S. territorial waters or contiguous coastal waters of North America. Exempts such ships from the high seas exchange requirement of this Act. Exempts from the high seas exchange requirement a ship that is subject to requirements regarding the treatment of ballast water for the removal of chemical contaminants. Authorizes the Secretary to assess civil monetary penalties for violation of the regulations. Makes civil penalties available, as provided by appropriation Acts, to endow research on the control of nonindigenous species. Title II: Zebra Mussel and Aquatic Nuisance Species Research, Control, and Educational Program - Directs the Secretary of the Interior, through the Director of the United States Fish and Wildlife Service, and the Secretary of Commerce, through the Administrator of the National Oceanic and Atmospheric Administration (National Cooperative Action Group - NCAG), to jointly coordinate national research, control, and educational efforts associated with the infestation of the zebra mussel and other aquatic nuisance species in U.S. waters. Authorizes the NCAG to establish and coordinate regional commissions as necessary and to facilitate information transfer among the commissions. Authorizes Federal agency heads, on request of the chairman of any commission, to detail personnel to the commission. Requires the NCAG to provide advice to the Secretary of State concerning aquatic nuisance species that infest water resources shared with other countries. Requires the NCAG to establish a regional commission for the Great Lakes region and to request that the Great Lakes Fishery Commission: (1) designate a representative to serve on it; (2) advise, coordinate, and provide secretarial services on matters related to Great Lakes fisheries, related environmental concerns, and interactions with the Government of Canada; and (3) provide technical services for any technical committee established by the NCAG. Requires that the NCAG request that the Great Lakes Commission (established under the Great Lakes Basin Compact): (1) designate a representative to serve on the regional commission; (2) advise, coordinate, and provide secretarial services on matters related to the economic impacts of the zebra mussel on the geographic area of the Great Lakes; and (3) provide technical services for any technical committee established by the NCAG. Requires that research activities under this Act be carried out only in drainage basins infested with an aquatic nuisance species, with research funds allocated, to the extent possible, to existing facilities within infested areas. Sets forth research priorities. Directs the Secretary of State to initiate negotiations with foreign governments concerning prevention, research, education, and control programs for shared water resources. Requires compliance with specified treaties relating to the Great Lakes. Directs the Secretary of the Interior to declare the zebra mussel an injurious species. Requires the appropriate lead agency to allocate funds authorized under this Act for competitive university research grants to be administered through the Sea Grant College program to study aquatic nuisance species. Authorizes the program to conduct education and assistance services related to the prevention and control of such species. Authorizes appropriations.
![Official portrait of Sen. Kasten, Robert W., Jr. [R-WI]](https://www.congress.gov/img/member/k000019_200.jpg)