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Official portrait of Sen. McClure, James A. [R-ID]

Sen. McClure, James A. [R-ID]

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2,287 records where Sen. McClure, James A. [R-ID] is listed as a sponsor, author, or other actor. Search with topics and years

Resolution· SRESS.Res. 287 (101st)passed

A resolution expressing the sense of the Senate with respect to the possibility of Organization of African Unity mediation in the Ethiopian civil war.

United States · United States Congress · 17 May 1990

Expresses the sense of the Senate that the Organization of African Unity should: (1) promote solutions to regional African problems; and (2) seek an immediate cessation of hostilities in Ethiopia in order to allow famine relief efforts to proceed and to build a foundation for the settlement of the civil war.

Bill· SJRESS.J.Res. 314 (101st)referred

A joint resolution to commemorate the 50th anniversary of the National Federation of the Blind.

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.

Bill· SS. 2595 (101st)referred

Comprehensive Campaign Finance Reform Act of 1990

United States · United States Congress · 9 May 1990

Comprehensive Campaign Finance Reform Act of 1990 - Title I: Reduction of Special Interest Influence - Subtitle A: Elimination of Political Action Committees from Federal Election Activities - Amends the Federal Election Campaign Act of 1971 to: (1) revise the definition of a "political committee" to delete references to any separate segregated fund and any committee, club, association, or group which receives contributions or makes expenditures annually totaling over $1,000 and to include any national, State, or district committee of a political party, including any subordinate committee thereof, and any committee jointly established by such committees or by any local committee as defined under current law for joint fundraising activities; (2) repeal provisions excluding nonpartisan registration and get-out-the-vote campaigns and the establishment of, and solicitation of contributions for, a separate segregated fund from the definition of a "contribution or expenditure" by a national bank, corporation, or labor organization; and (3) prohibit making, soliciting, or receiving contributions or making expenditures to influence a Federal election by any person other than an individual or a political committee. Specifies that if such prohibition is not in effect: (1) it and the other amendments made by this Act to the Federal Election Campaign Act of 1971 regarding such definitions shall not be in effect and prior law will be reinstated; and (2) political action committees not connected to corporations, labor organizations, or trade associations will be subject to a $1,000 contribution limit. Deems any political committee which is established, financed, maintained, or controlled by any candidate or Federal officeholder to be an authorized committee of such candidate or officeholder for purposes of limitations on contributions to a candidate's committees. Subtitle B: Ban on Soft Money in Federal Elections - Bans the use of soft money (any amount raised or contributed outside of source restrictions, contribution limits, and disclosure requirements of the Federal Election Campaign Act of 1971) to influence any Federal election. Requires the Federal Election Commission (FEC) to issue regulations providing a method for allocating the contributions and expenditures for any mixed activity between Federal and non-Federal accounts. Sets forth guidelines for such allocation which include the establishment of minimum percentages of Federal funds for activities designed to contact voters in connection with elections for Federal and non-Federal office. Requires each treasurer of a political committee to keep an account of, and file reports disclosing, each account maintained by such committee. Includes political committees among those entities eligible to receive contributions or expenditures by national banks, corporations, or labor organizations. Permits a labor organization, upon reinstatement of prior law regarding certain political activities not considered to be contributions or expenditures, to make political communications and establish and solicit contributions for a separate segregated political fund if it: (1) provides the employees it represents with written notification of specified information at least once annually; (2) provides such employees with an annual examination by an independent certified public accountant of its financial statements which verify its costs for representation services; and (3) maintains certain procedures regarding the cost of such representation. Requires a labor organization which does not follow such requirements to finance those communications expressly advocating the election or defeat of any clearly identified candidate for elective public office as well as the other political activities not considered to be contributions or expenditures with funds legally collected under this Act for its separate segregated fund. Imposes Federal limits on contributions to political organizations maintained by a candidate for Federal office which are not political committees of a national, State, or local party. Amends the Internal Revenue Code to deny tax-exempt status for an organization: (1) which devotes any of its operating budget to voter registration, get-out-the-vote campaigns, or participation in political campaign activities; (2) on whose behalf a candidate or an authorized committee thereof solicits contributions; or (3) which intervenes or participates in any political campaign on behalf of, or in opposition to, any candidate for Federal office. Subtitle C: Other Activities - Reduces from $1,000 to $500 the maximum contribution allowed to any candidate for Federal office (other than a candidate for President or Vice President) by a person residing outside the State with respect to which such candidate seeks Federal office. Maintains the current $1,000 limitation for contributions to any candidate for President or Vice President or to any candidate for Federal office by a person residing within the State with respect to which such candidate seeks Federal office. Provides for periodic indexing of such limitations according to the consumer price index. Excludes costs of campaign materials and general research activities paid by national committees of a political party from the definition of "expenditure and contribution" under the same conditions currently provided for such payments by State or local committees of a political party. Exempts contributions to political party committees from the $25,000 annual limit. Prohibits: (1) any intermediary or conduit from delivering or arranging to have delivered contributions from more than two persons who are employees of the same employer or members of the same labor organization; and (2) lobbyists from acting as an intermediary or conduit with respect to a contribution to a candidate for Federal office. Sets forth disclosure requirements for independent expenditures through broadcast communications on any radio or television station. Provides that an expenditure is not an independent expenditure where the person making an expenditure is in coordination, consultation, or concert with a candidate. Requires the FEC to provide a hearing within three days after receiving a complaint alleging that an independent expenditure was made in cooperation, consultation, or concert with a candidate. Provides for expedited judicial review for any matter relating to the making of an independent expenditure. Title II: Increase of Competition in Politics - Allows the congressional campaign committee or the senatorial campaign committee of a national political party to make contributions to a candidate for Federal office (other than President or Vice President) who does not hold Federal office which in the aggregate do not exceed the lesser of: (1) $100,000; or (2) the aggregate contributions made during the election cycle preceding the primary election by an individual who, at the time such contributions are made, is a resident of the State in which the election with respect to which such contributions are made is to be held. Prohibits such a contribution from being treated as an expenditure by a national committee, State committee, or subordinate committee of a State committee in connection with the general election campaign of a candidate for Federal office. Prohibits a holder of Federal office from transferring any amounts received as contributions or other campaign funds to any account maintained for purposes of defraying ordinary and necessary expenses in connection with the duties of such office. Requires a candidate, within 15 days of qualifying for a primary election ballot, to file with the FEC and each other qualifying candidate a declaration stating whether or not such candidate intends to expend for the primary and general election an amount exceeding $250,000 from: (1) personal funds; (2) family funds; and (3) personal loans incurred in connection with the campaign for election. Allows the opponents of such candidate to accept larger contribution amounts from individuals. Requires a candidate who files a declaration of intent not to expend more than $250,000 and who subsequently does exceed such amount, to file an amended declaration within 24 hours after exceeding such amount. Allows a candidate to repay any expenditure or personal loan incurred in connection with the candidate's election to Federal office from contributions made to such candidate or any authorized committee of such candidate. Prohibits: (1) repayment of any interest on the principal of such loan or the amount of such expenditure; and (2) repayment from any such contributions received after the general election to which the expenditure or loan relates. Prohibits franked mass mailings by: (1) Members of Congress during the year in which they are candidates for reelection; (2) Members of, or Members-elect to, the House during the year in which they are candidates for any other public office; or (3) Members of the Senate during the year in which they are candidates for any other public office. Requires Members of Congress using franked mass mailings to register such mailings annually with the Secretary of the Senate or the Clerk of the House of Representatives who shall make such mailing available for public inspection along with a description of the persons to whom the mass mailing was mailed. Amends rule XL of the Standing Rules of the Senate to prohibit the use of franked mass mail by a Senator or an individual who is a candidate for nomination to the Senate during the year in which the Senator is a candidate for public office or the individual is a candidate for the Senate. Revises provisions with respect to congressional reapportionment and redistricting so that the number of persons in congressional districts within each State shall be as nearly equal as practicable, as determined under the most recent decennial census. Prohibits congressional districts from being established with the intent and effect of diluting the voting strength of any persons or members of any political party. Requires district boundaries to avoid the division of counties and minimize the division of cities and other political subdivisions. Establishes expedited Federal judicial review procedures of the redistricting process, giving Federal district courts exclusive jurisdiction. Amends the Federal criminal code to prescribe criminal penalties to be imposed against anyone who uses any facility of, or affects, interstate or foreign commerce to deprive or defraud the inhabitants of 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 or the filing of fraudulent campaign reports to secure the election of an official who, if elected, would have authority over the administration of funds derived from an Act of the Congress totalling $10,000 or more for a year before or after the election or offense. Prescribes criminal penalties to be imposed against anyone who deprives or defrauds the inhabitants of the United States of the honest services of a public official. Prescribes criminal penalties to be imposed upon any official who: (1) uses interstate commerce to deprive or defraud the inhabitants of any State or political subdivision 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. Authorizes such an adversely affected employee or official to obtain relief through a civil action, providing such person did not participate in the scheme or artifice. Amends mail fraud provisions to prohibit the use of any facility of interstate or foreign commerce in the execution of a scheme or artifice to defraud. Title III: Reduction of Campaign Costs - Sets forth congressional findings regarding discounts for political broadcasts. Amends the Communications Act of 1934 to: (1) limit the cost to qualified candidates of broadcasting time for pre-election political advertising to the lowest rate charged for any time in the same period; and (2) prohibit any broadcast licensee from preempting the use of any such time purchased by a qualified candidate. Title IV: Miscellaneous Provisions - Subtitle A: Federal Election Commission Enforcement Authority - Amends the Federal Election Campaign Act of 1971 to revise the enforcement provisions. Changes the determination the FEC must make upon receiving a complaint, before notifying the person of an alleged violation. Authorizes the FEC to seek an injunction if: (1) it believes that there is a substantial likelihood that a violation of Federal election laws is occurring or about to occur; (2) the failure to act expeditiously will result in irreparable harm; (3) such expeditious action will not cause undue harm or prejudice to the interests of others; and (4) the public interest would be best served by such an injunction. Reduces the period provided for the FEC to attempt informally to prevent or correct a violation of such Act from 90 to 60 days. Requires the FEC to make such an attempt for a period of no more than 15 days, if the violation occurs within 45 days of an election. Provides greater penalties for knowing and willful violations committed within 15 days of any election. Changes from discretionary to mandatory the requirement that the FEC, upon an affirmative vote of four of its members, institute a civil action if it is unable to correct or prevent a violation of such Act. Requires a court in such civil action to grant a specified remedy upon a showing that the person involved has committed or is about to commit a violation of such Act. Provides a private right of action if, by a tie vote, the FEC does not vote to institute a civil action. Requires a court to impose a specified civil penalty for a knowing and willful violation of such Act. Expedites from 120 days to 60 days the time which an aggrieved party must wait before seeking judicial redress because the FEC dismissed, or failed to reasonably pursue, a complaint filed by such party. Allows the aggrieved party to file an action in any U.S. district court having jurisdiction. Requires that any monetary award under such action be paid to the United States. Provides for a mandatory award of attorney fees and costs to the prevailing party. Increases the penalties for violation of the confidentiality requirement with respect to any notification or investigation made under such Act. Removes the ceiling on the fine for any person who willfully and knowingly commits a violation of such Act which involves any contribution or expenditure aggregating $2,000 or more during a calendar year. Directs the FEC to establish time limitations for its investigation and to publish an index of all of its investigations. Establishes procedures for initial determinations and probable cause determinations by the FEC. Eliminates the en banc hearing requirement for constitutional questions regarding such Act. Subtitle B: Other Provisions - Requires each treasurer of a political committee to file reports disclosing for the reporting period the terms of any settlement agreement or any security or collateral agreement entered into with respect to a loan or other debt as evidenced by a copy of such agreement filed as part of the report. Includes any gift subscription, loan, advance, or deposit of money made for the purpose of drafting a clearly identified individual as a candidate for Federal office or encouraging a clearly identified individual to become a candidate for Federal office within the definition of "contribution." Requires such a contribution to be treated, with respect to the individual involved, as a contribution to a candidate, whether or not the individual becomes a candidate for purposes of limitations on contributions and expenditures.

Bill· SJRESS.J.Res. 310 (101st)referred

A joint resolution to designate June 25, 1990, as "Korean War Remembrance Day".

United States · United States Congress · 8 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.

Bill· SJRESS.J.Res. 295 (101st)open

A joint resolution proposing an amendment to the Constitution of the United States to prohibit the Supreme Court or any inferior court of the United States from ordering the laying or increasing of taxes.

United States · United States Congress · 20 April 1990

Constitutional Amendment - Prohibits the Supreme Court or any inferior court of the United States from ordering a State or political subdivision, or an official of such State or subdivision, from laying or increasing taxes.

Bill· SJRESS.J.Res. 290 (101st)referred

A joint resolution to designate the week of July 22, 1990, through July 28, 1990, as the "National Week of Recognition and Remembrance for Those Who Served in the Korean War.

United States · United States Congress · 19 April 1990

Designates the week of July 22 to 28, 1990, as National Week of Recognition and Remembrance for Those Who Served in the Korean War. Authorizes and requests the President to urge that the American flag be flown at half staff on July 27, 1990, in honor of those Americans who died as a result of their service in Korea.

Bill· SS. 2415 (101st)open

A bill to encourage colar, wind, waste, and geothermal power production by removing the size limitations contained in the Public Utility Regulatory Policies Act of 1978, and for other purposes.

United States · United States Congress · 4 April 1990

Solar and Geothermal Power Production Incentives Act of 1990 - Amends the Public Utility Regulatory Policies Act of 1978 (PURPA) to remove the size limitations placed upon solar and geothermal facilities eligible for PURPA regulatory benefits. Amends the Federal Power Act to direct the Federal Energy Regulatory Commission to promulgate proposed modifications to its regulations to implement this Act.

Bill· SS. 2362 (101st)open

Insular Areas Recovery Act of 1990

United States · United States Congress · 29 March 1990

Insular Areas Recovery Act of 1990 - Authorizes appropriations for the construction of facilities to protect public health and safety and to enhance the survivability of essential infrastructure in the event of disasters in insular areas. Authorizes Governors of affected insular areas, for two years after a disaster is declared, to: (1) transfer up to 100 percent of a specified allotment under the Low-Income Home Energy Assistance Act of 1981 for use in disaster recovery or enhancement of infrastructure in the fiscal year in which a disaster occurs; and (2) inform the Secretary of the Interior of such transfers. Deems Puerto Rico to be an insular area for such purposes and for purposes of receiving grants under a specified Act for the two years following a disaster. Requires the President to provide technical assistance to insular areas which lack specific capabilities in responding to disasters. Directs the Secretary to report to the Congress on the status of recovery efforts in insular areas declared to be disasters by the President. Authorizes the President to waive: (1) cost contribution requirements under the Robert T. Stafford Disaster Relief and Emergency Assistance Act with respect to hazard mitigation expenditures in an insular area if such waiver would promote reconstruction to enhance infrastructure or public health and safety in a disaster area; and (2) a requirement under such Act for the use of local firms in responding to a disaster if the disaster exceeds the capabilities of such firms. Authorizes the Administrator of the Rural Electrification Administration to provide financial and technical assistance in any insular area declared to be a disaster by the President. Terminates such authority five years after such declaration.

Bill· SS. 2319 (101st)referred

A bill to amend the Federal Deposit Insurance Act and the Federal Credit Union Act to protect the deposit insurance funds, to limit the depository institutions, credit unions, and other mortgage lenders acquiring real property through foreclosure or similar means, or in a fiduciary capacity, and for other purposes.

United States · United States Congress · 22 March 1990

Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to cite conditions under which depository institutions, mortgage lenders, and insured credit unions are not liable under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund) with respect to property acquired either through foreclosure or in a fiduciary capacity. Confers immunity from Superfund liability upon certain banking regulatory agencies and the National Credit Union Administration Board for properties acquired in connection with: (1) the exercise of receivership or conservatorship authority; and (2) the provision of loans and other financial assistance.

Bill· SS. 2304 (101st)open

Homeownership and Opportunity for People Everywhere Act of 1990

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.

Bill· SS. 2284 (101st)referred

A bill to amend the Federal Food, Drug, and Cosmetic Act to define the term light or reduced fat butter, and for other purposes.

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.

Bill· SS. 2256 (101st)referred

Fair Treatment Act of 1990

United States · United States Congress · 8 March 1990

Fair Treatment Act of 1990 - Amends the Public Health Service Act to revise, with regard to alcohol and drug abuse and mental health services block grants, the formulas for determination of allotments and minimum allotments to States.

Bill· SS. 2245 (101st)referred

National Drug and Crime Emergency Act

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.

Bill· SS. 2191 (101st)open

Federal Energy Management Amendments of 1990

United States · United States Congress · 27 February 1990

Federal Energy Management Amendments of 1990 - Amends the National Energy Conservation Policy Act (NECPA) to replace energy performance goals for Federal buildings with energy conservation and alternative clean energy installation schedules which incorporate payback periods of less than ten years. Prohibits Federal agencies, after January 1, 1994, from entering into specified leases unless a building has installed or begun to install such energy conservation and renewable energy measures. Prescribes implementation guidelines under which each Federal agency must procure certain energy conservation contracts.