Clerk session vote number: 412
Sponsor: HUGHES, William John (D-NJ)
Bill summary: Title I: Death Penalty
- Federal Death Penalty Act of 1990 - 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, of its intention to seek the death penalty and of 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 information to be excluded where its probative value is substantially outweighed by the danger of unfair prejudice, confusion of 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.
Includes as threshold aggravating factors for homicide that the defendant: (1) intentionally killed the victim; (2) intentionally inflicted serious bodily injury which resulted in the death of the victim; (3) intentionally participated in an act, contemplating that the life of a person would be taken, and the victim died as a direct result of the act; (4) attempted to kill the President of the United States; or (5) intentionally engaged in an act constituting reckless disregard for human life, knowing that the act created a grave risk of death to someone other than the participants, and the victim died as a direct result of the act.
Sets forth special aggravating factors with respect to the crimes of treason, espionage, homicide, and attempted murder of the President.
States that no person who was less than 17 years of age at the time of the offense may be sentenced to death. Prohibits the execution of mentally retarded persons or pregnant women.
Directs the court, or the jury by unanimous vote, to impose the death penalty upon a finding that such sentence is justified based on consideration of both the aggravating and mitigating factors.
Requires the court to instruct the jury: (1) not to consider the race, color, national origin, creed, or sex of the defendant or any victim in its consideration of the sentence; and (2) that it is not required to return a death sentence.
Requires, prior to hearing any case to determine whether a death sentence is justified and as part of the presentence investigation, the preparation of a victim impact statement which identifies the victim, the physical injury caused, any request for psychological services initiated by the victim as a result of the offense, and any other information related to the impact of the offense on the victim or victim's family as the court may require. Specifies that: (1) the required information may be obtained from the personal guardian of the victim or from family members; and (2) such statement shall be considered by the court or jury.
Establishes procedures for appeal from a death sentence. Requires the Court of Appeals, upon considering the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was imposed under influence of passion, prejudice, or arbitrariness; and (2) the information supports the finding of aggravating factors. Requires the court to provide a written explanation of its determination.
Prohibits requiring any employee of any State department of corrections, the Federal Bureau of Prisons, or any provider of services under contract to participate in any execution if participation is contrary to his or her moral or religious convictions.
Bars the imposition of a death sentence for first degree murder committed by or against an Indian in Indian country unless there was in effect at the time of the offense an election by the governing body of the Indian tribe having jurisdiction over the place where the offense was committed to have this title apply in such cases.
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) murders committed by prisoners in Federal correctional institutions; (2) kidnappings which result in the death of any person; (3) 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); (4) murder for hire; (5) murder in the aid of a racketeering activity; (6) engaging in a criminal enterprise activity which results in death; and (7) other specified offenses.
Title II: Habeas Corpus Reform
- 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 defendants subject to capital punishment and 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 fees and litigation expenses of competent counsel consistent with this title. Sets forth procedures for the appointment of counsel.
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 by the prisoner 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 Supreme Court recognition of a new fundamental right that is retroactively applicable, or 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 filing of any successive petition for a writ of habeas corpus is authorized by the appropriate court of appeals and 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 or newly discovered facts are not based upon opinion evidence which would be sufficient to undermine the court's confidence in the validity of the death sentence.
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 an exception.
States that a mechanism for the provision of counsel services to indigents sufficient to invoke the provisions of this title shall provide for: (1) counsel to indigents charged with offenses for which capital punishment is sought, to those who have been sentenced to death and who seek appellate or collateral review in State court, and to those who have been sentenced to death and seek certiorari review in the U.S. Supreme Court; and (2) the entry of an order of a court of record appointing one or more counsels to represent the prisoner except upon a judicial determination (after a hearing, if necessary) that the prisoner is not indigent or knowingly waives the appointment of counsel.
Requires at least one attorney appointed pursuant to this title before trial and one appointed after trial, if applicable, to be certified by a statewide certification authority, with exceptions.
Authorizes the States to elect to create between one and three certification authorities (i.e., a special committee constituted by the State court of last resort or by State law, a capital litigation resource center, or a statewide defender organization to: (1) certify attorneys qualified to represent persons charged with capital offenses or sentenced to death; (2) draft and annually publish procedures and standards by which attorneys are certified and rosters of certified attorneys; and (3) periodically review the roster of certified attorneys, monitor the performance of all attorneys certified, and withdraw certification from any attorney who fails to meet high performance standards or to demonstrate continuing competence to represent prisoners in capital litigation.
Authorizes the payment of fees and expenses for investigative, expert, or other services reasonably necessary for the representation of the defendant. Directs the court to fix the compensation to be paid to an attorney appointed under this title.
Specifies which law controls in Federal habeas corpus proceedings. Sets forth habeas corpus time requirements.
Specifies that an applicant for habeas corpus in a capital case shall be deemed to have exhausted the remedies available in the courts of the State when the applicant has exhausted any right to direct appeal in the State.
Title III: Use of Firearms in Crimes of Violence and Drug Trafficking Crimes
- Amends the Federal criminal code to increase mandatory minimum sentences for criminals using firearms and for other violent criminals. (Under current law, whoever, during and in relation to any crime of violence or any drug trafficking crime, uses or carries a firearm, in addition to the punishment provided for the underlying crime, is subject to imprisonment for five years or, if a machinegun or firearm equipped with a silencer is involved, 30 years and for subsequent offenses, 20 years or life imprisonment without release, respectively. Under this Act, such criminals would receive additional sentences of not less than ten years for possession of a firearm, 20 years for discharging a firearm with intent to injure, or 30 years for possession of a machinegun or a firearm equipped with a silencer (all without release.) Provides for enhanced penalties for third and subsequent convictions.
Defines "possession" of a firearm to include: (1) in the case of a crime of violence, touching a firearm at the crime scene at any time during the commission of the crime; and (2) in the case of a drug trafficking crime, having a firearm readily available at the crime scene during the commission of the crime.
Makes this section inapplicable to persons found to have committed criminal acts while acting in defense of person or property during the course of a crime being committed by another person.
Sets forth penalties of up to ten years' imprisonment and a fine for stealing firearms and for smuggling firearms with intent to engage in or promote certain drug-related or violent offenses.
Provides for mandatory revocation of supervised release for possession of a firearm.
Amends the Controlled Substances Act (CSA) to increase prison sentences for selling illegal drugs to minors and for the use of minors in drug trafficking activities. Provides for life imprisonment without release for those convicted a third time of a felony drug offense.
Title IV: Assault Weapons
- Antidrug, Assault Weapons Limitation Act of 1990 - Amends the Federal criminal code to prohibit the transfer, importation, receipt, or possession of any assault weapon, except: (1) by the Federal, State, or local government; and (2) with respect to weapons lawfully possessed before enactment of this Act. Specifies firearms to be included as assault weapons. Authorizes the Secretary of the Treasury to recommend to the Congress the addition or deletion of firearms to be designated as assault weapons.
Increases the length of imprisonment for an individual who uses or carries an assault weapon during and in relation to the commission of a crime of violence or a drug trafficking crime.
Prohibits the sale, shipment, or delivery (or purchase, possession, or acceptance of delivery) of an assault weapon to (or by) any person who does not fill out a specified form. Establishes recordkeeping requirements. Directs the Secretary to prescribe regulations for the request and delivery of such form.
Sets penalties for failure to acquire such form with respect to the transfer, receipt, or possession of any assault weapon.
Directs the Attorney General to investigate and report to the Senate on the effect of this title on violent and drug trafficking crime.
Title V: International Money Laundering
- Requires the Secretary of the Treasury to report to the Congress periodically with respect to certain reporting requirements involving currency transactions, the manner in which U.S. agencies collect and use such reports to support investigations and prosecutions, and a summary of: (1) sanctions imposed for failure to comply with reporting requirements; (2) criminal indictments which resulted from investigations initiated by analysis of such reports; and (3) information regarding suspicious financial transactions provided voluntarily by financial institutions.
Directs the Secretary to appoint an Electronic Scanning Task Force to: (1) study methods of printing on U.S. currency notes in denominations of $10 or more a serial number that may be read by electronic scanning; (2) make an assessment of the cost of implementing such scanning; and (3) make recommendations about the amount of time needed for implementation. Requires the Secretary to report to the appropriate congressional committees. Authorizes appropriations.
Amends the Federal criminal code to: (1) authorize the Attorney General to transfer forfeited personal property (or proceeds) to any foreign country which participated in the seizure or forfeiture of the property, if certain conditions are met; (2) include within the definition of "specified unlawful activity" with respect to money laundering, offenses under provisions relating to false statements by an employee of a financial institution and false statements in connection with loan and credit applications and to exclude offenses relating to bank fraud; and (3) modify the knowledge requirement with respect to international money laundering.
Amends the Right to Financial Privacy Act of 1978 to: (1) add conforming predicate money laundering references to the "insider" exemption under such Act; and (2) shield from liability any financial institution or any officer, employee, or agent of such institution for refusing to do business with any person before or after disclosures of a possible violation of law or regulation to a government authority.
Title VI: Victims of Child Abuse Act of 1990
- Victims of Child Abuse Act of 1990 -
Chapter 1: Drug-Related Child Abuse; Habitual Child Abuse Offense
- Amends the Federal criminal code to make it a felony to commit a crime of violence against a person under age 18 if the offense was committed as part of a violation of the CSA or the Controlled Substances Import and Export Act, subject to certain conditions.
Requires the Attorney General to amend the United States Attorneys' Manual to reflect the intent of the Congress that Federal prosecution occur only in egregious cases of drug-related abuse and neglect.
Requires the United States Sentencing Commission to promulgate guidelines to provide that a defendant convicted of such an offense, who has previously been convicted on two separate occasions of a sexual offense or crime of violence in which the victim was under age 18, shall receive the maximum punishment authorized by law.
Chapter 2: Improving Investigation and Prosecution of Child Abuse Cases
- Requires the Administrator of the Office of Juvenile Justice and Delinquency Prevention to make grants to develop multidisciplinary child abuse investigation and prosecution programs. Enumerates program criteria, including requirements identifying a neutral site for counseling child victims of sexual and serious physical abuse and neglect, referring cases to such counseling center within 24 hours, minimizing the number of interviews the child victim must attend, requiring that all interviews and meetings with a child victim occur at the counseling center, designating a director for the multidisciplinary program, and assigning volunteers or staff advocates to each child's family.
Requires the Administrator to make grants to provide technical assistance and training to attorneys and others instrumental to the criminal prosecution of child abuse cases in State or Federal courts.
Chapter 3: Court-Appointed Special Advocate Program
- Requires the Administrator to: (1) make grants to expand the court-appointed special advocate program; and (2) establish criteria to be used in evaluating grant applications, which shall include a program providing screening, training, and supervision of court-appointed special advocates. Authorizes appropriations.
Chapter 4: Child Abuse Training Programs for Judicial Personnel and Practitioners
- Requires the Administrator to provide technical assistance and training to judicial personnel and attorneys to improve the judicial system's handling of child abuse and neglect cases and to provide administrative reform in juvenile and family courts.
Directs the Administrator to make grants to: (1) national organizations to develop model technical programs to improve the judicial system's handling of such cases; and (2) State courts or judicial administrators for programs that provide for training and technical assistance to judicial personnel and attorneys in juvenile and family courts and for administrative reform in such courts. Directs that the grant criteria give priority to programs which improve procedures for preventing placement of children in foster care, make reasonable efforts to reunite the family, and coordinate information and services.
Authorizes appropriations. Requires that at least 80 percent of such funds be used for juvenile and family court and State judicial programs.
Chapter 5: Federal Victims' Protections and Rights
- Amends the Federal Rules of Criminal Procedure to allow, in a proceeding involving an alleged offense against a child or involving a child witness, the attorney for the Government, the child's attorney, or the guardian ad litem to apply (at least five days before trial date) for a court order that the child's testimony be taken in a room outside the courtroom and be televised by two-way closed-circuit television (TV).
Authorizes the court to order that such testimony be taken by closed-circuit TV if it finds that the child is unable to testify in open court because of: (1) the child's persistent refusal to testify despite the court's requests to do so; (2) the child's total inability to testify because of fear, failure of memory, or similar circumstances; (3) the substantial likelihood that the child will suffer emotional trauma; and (4) the child suffering a mental or other infirmity.
Requires: (1) the court to support any ruling on the child's inability to testify in open court with findings on the record; and (2) expert testimony to support such a finding with respect to the child's persistent refusal to testify.
Specifies that: (1) if the court orders the taking of testimony by television, the attorney for the Government and the defense attorney shall be present in the room with the child and the child shall be subject to direct cross-examination; and (2) the only other persons allowed to be present are the child's attorney or guardian ad litem, persons necessary to operate the closed-circuit equipment, and other persons whose presence is determined by the court to be necessary to the welfare and well-being of the child.
Requires that: (1) the child's testimony be transmitted by closed-circuit TV into the courtroom for the defendant, jury, judge, and public; (2) the defendant be provided with the means of private, contemporaneous communication with his attorney during the testimony; and (3) the closed-circuit TV transmission relay the defendant's image into the room in which the child is testifying.
Sets forth analogous provisions with respect to videotaped depositions of child victims and child witnesses.
Sets forth requirements with respect to competency examinations for child witnesses.
Sets forth provisions with respect to confidentiality of information involving a child in connection with a criminal proceeding. Authorizes the court: (1) on motion by any person, to issue an order protecting a child's name or other information concerning the child in the course of the proceedings if the court determines that disclosure would be detrimental to the child; and (2) to allow disclosure to anyone to whom disclosure is necessary for the welfare and well-being of the child.
Grants the child victim or witness the same right to submit victim impact statements prior to sentencing as prescribed for an adult. Directs that child victims or witnesses be assisted by their court appointed guardian ad litem in preparing victim impact statements.
Encourages the use of multidisciplinary teams designed to assist child victims or child witnesses. Describes the role of such teams.
Authorizes the court to appoint a guardian ad litem to protect the best interests of a child who was a victim of, or a witness to, a crime involving abuse or exploitation. Sets forth guidelines with respect to criteria in choosing, and the duties of, such guardian.
Grants a child testifying at or attending a judicial proceeding the right to be accompanied by an adult attendant to provide emotional support, subject to certain restrictions.
Authorizes the court, in any proceeding where a child is called to give testimony, to designate the case as being of special public importance and to expedite the action. Requires the court to ensure a speedy trial and, in deciding whether or not to grant a continuance, to take into account the child's age and the potential adverse impact the delay may have on the child's well-being.
Declares that there is no statute of limitations for any sex offense involving a child victim. Provides for extension of the period of limitations with respect to civil actions arising out of the same occurrence and in which the child is the victim.
Amends the Federal Rules of Civil Procedure to set forth analogous provisions with respect to the rights of child victims and child witnesses in civil cases.
Amends the Federal Rules of Evidence to create a hearsay exception for an out-of-court statement made by a child of less than 13 years concerning acts or conduct related to alleged completed or attempted crimes of sexual abuse, physical abuse, or exploitation of such child or concerning a crime witnessed by the child that is not otherwise admissible if: (1) the child testifies at the proceeding or testifies by means of videotaped deposition or closed-circuit TV and, at the time, is subject to cross-examination about the out-of-court statement; (2) the court finds that the child's out-of-court statement possesses particularized guarantees of trustworthiness; or (3) the court finds that the child is unable to testify effectively for various reasons, such as the child's death, absence, refusal, or substantial likelihood that the child would suffer emotional trauma.
Requires the proponents of the statement to inform the adverse party of the intention to offer the statement and its content sufficiently in advance of the proceeding to provide the defendant with a fair opportunity to prepare a response.
Lists factors the court may consider in determining whether a statement possesses particularized guarantees of trustworthiness, including the child's knowledge of the event, the age and maturity of the child, any apparent motive the child may have to falsify or distort the event, and whether extrinsic evidence exists to show the defendant's opportunity to commit the act complained of in the child's statement. Requires the court to support with findings on the record any rulings pertaining to the child's inability to testify in open court and the trustworthiness of the out-of-court statement.
Authorizes the court to permit the use of anatomical dolls, puppets, drawings, or any other demonstrative device to assist the child in testifying.
Requires a person who, while engaged on Federal land or in a federally operated or constructed facility in one of specified professional capacities or activities, including health care provider, social worker, teacher, child care worker, law enforcement officer, foster parent, and commercial film processor, learns of facts that give reason to suspect an incident of child abuse, to report the suspected abuse as soon as possible to a designated agency. Makes failure to report a misdemeanor. Provides for civil liability for failure to report such an incident. Abrogates the privileged nature of communications between a health care provider and a patient or between a husband or wife in investigations or judicial actions resulting from a report of abuse or neglect.
Requires that such professionals receive periodic training in the obligations to report, as well as in the identification of abused and neglected children.
Chapter 6: Child Care Worker Employee Background Checks
- Requires Federal agencies involved with the provision of services to children under age 18 to assure that all existing and newly-hired employees undergo a criminal history background check.
Sets forth procedures with respect to the conduct of such background checks.
Specifies that: (1) any conviction for a sex crime, an offense involving a child victim, or a drug offense shall be grounds for denying employment or for dismissal of an employee engaged in specified child care services; (2) an incident in which an individual has been charged, but where the charge has not yet been disposed of, shall permit the employee's suspension from any contact with children until the case is resolved; and (3) convictions of other crimes may be considered if they bear on an individual's fitness to have responsibility for the safety and well-being of children.
Sets forth requirements with respect to questions to be asked in employment applications, criminal history records checks, and access to (and the right to challenge the accuracy of) the criminal history report.
Encourages voluntary criminal history checks for others who may have contact with children.
Title VII: Child Protection Restoration and Penalties Enhancement Act of 1990
- Child Protection Restoration and Penalties Enhancement Act of 1990 -
Subtitle A: Restoration of Recordkeeping Requirement
- Amends the Child Protection and Obscenity Enforcement Act of 1988 to prohibit: (1) knowingly selling or otherwise transferring, or offering for sale or transfer, any book, magazine, periodical, film, videotape, or other matter that is produced with materials which have been mailed or shipped in interstate or foreign commerce or intended for such shipment, that contains one or more visual depictions of actual sexually explicit conduct, and that does not have affixed to it a statement of the location of records with respect to the performance depicted; or (2) any person to whom such Act applies from failing to create or maintain records required by, or from knowingly failing to comply with provisions of, such Act or from knowingly making a false entry or failing to make an appropriate entry in such records.
Deletes provisions providing that proof that a person fails to comply with recordkeeping requirements raises a rebuttable presumption that a performer (i.e., a person depicted engaging in, or assisting another to engage in, sexually explicit conduct) was a minor.
Establishes criminal penalties for violations of such Act.
Subtitle B: Penalties
- Sets a minimum sentence of 30 years' imprisonment for knowingly engaging or attempting to engage in a sexual act with a child under age 12.
Specifies that anyone who engages in such conduct after such a conviction or who engages in such conduct by force or threat shall be sentenced to mandatory life imprisonment without release.
Increases penalties for the sexual exploitation of children, abuse of a minor, abusive sexual conduct, the selling or buying of children, and for certain activities involving sexual exploitation of minors.
Makes it unlawful to knowingly possess or view any visual depiction that has been transported in interstate or foreign commerce if the producing of such depiction involves the use of a minor engaging in sexually explicit conduct.
Subtitle C: Treatment for Juvenile Offenders Who Have Been the Victims of Child Abuse and Neglect
- Directs the Administrator to make grants under the Juvenile Justice and Delinquency Prevention Act of 1974 to public and private nonprofit organizations to provide treatment for juvenile offenders who have been the victims of child abuse and neglect.
Title VIII: Ice Enforcement and Prevention Act
- Ice Enforcement and Prevention Act of 1990 - Amends the CSA and the Controlled Substances Import and Export Act to increase penalties for specified offenses involving crystalline methamphetamine.
Requires: (1) the Department of Education and the National Institute on Drug Abuse (NIDA) to jointly develop model, community-based curricula for disseminating comprehensive information on methamphetamine, crystal methamphetamine, and chemically related stimulants; (2) such Department to distribute model curricula demonstrating practical educational merit to every primary and secondary school in the country; and (3) such Department to establish at least four statewide or regional methamphetamine prevention demonstration programs, including one project in States that are experiencing serious methamphetamine abuse problems. Authorizes appropriations to establish and operate such demonstration programs.
Requires the Director of NIDA to prioritize the development of a drug to treat addictions to amphetamine, methamphetamine, crystal methamphetamine, and chemically related stimulants.
Requires the Director of Health and Human Services to investigate the syndrome that results from methamphetamine addiction at birth and to develop a protocol for treating newborns afflicted with methamphetamine addiction.
Amends the CSA to revise and expand the list of precursor chemicals.
Revises the definition of "regulated transaction" to include transfers of any amount of an essential listed precursor chemical, with exceptions.
Requires each regulated person to report to the Attorney General on any regulated transaction involving any quantity of a listed essential chemical.
Directs the Attorney General to cooperate with State authorities by providing information regarding regulated transactions in such chemicals that might be useful in the enforcement of State laws relating to precursor chemicals, controlled substances, and other illegal drugs.
Makes it unlawful for any person to engage in a regulated transaction involving a listed precursor chemical or to manufacture, distribute, import, or export a listed precursor chemical without a license required under such Act. Requires the Attorney General to establish a program requiring licenses for regulated persons and regulated transactions involving listed precursor chemicals where such requirement will contribute to carrying out the purposes of such Act and to criminal drug law enforcement. Provides for fines and imprisonment of not more than four years for violation of the licensing requirement.
Requires the Attorney General to provide for the audit and control of listed precursor chemical inventories of persons possessing a license under this Act.
Makes it a felony for a person who possesses a listed chemical with intent that it be used in the illegal manufacture of a controlled substance to manage the listed chemical or waste from such manufacture other than as required by regulations issued under the Solid Waste Disposal Act. Requires an improper management defendant to be assessed cleanup costs, including the costs of the initial cleanup, the disposal of listed chemicals and contaminated property, and the restoration of property damaged by exposure to a listed chemical. Authorizes the Attorney General to direct that assets forfeited in connection with a prosecution be shared with State agencies that participated in the seizure or cleanup of a contaminated site. Expresses the sense of the Congress that guidelines issued by the Sentencing Commission regarding sentencing for improper management of a listed chemical should recommend imprisonment for between five and ten years for willful violations. Authorizes the court to order that all or a portion of the earnings from work performed by a defendant in prison be withheld for payment of costs.
Amends the Bankruptcy code to specify that costs assessed for the illegal manufacture, possession, or distribution of a listed chemical or toxic residue of a clandestine laboratory may not be discharged in bankruptcy.
Title IX: Mandatory Work for Prisoners
- Expresses Federal policy that Federal prisoners shall work and that State or local governments have the same authority to require prisoners to work. Sets forth exceptions to such work requirement based on: (1) security considerations; (2) disciplinary action; (3) medical certification of nearly total disability; and (4) a need for the prisoner to work less than a full work schedule to participate in literacy training, drug rehabilitation, or similar programs.
Provides for the deposit into a separate fund in the Treasury of funds generated from prison labor for prison construction and operating expenses or payment of judgments.
Makes an exception to the prohibition against the transport of prison-made goods for prisoners participating in: (1) a Federal labor intensive prison work program operated by the Director of the Bureau of Prisons; or (2) one of not more than 50 non-Federal prison work pilot projects designated by the Director of the Bureau of Justice Assistance.
Requires the Director of the Bureau of Prisons to institute a prison work program through contracts with private businesses for the use of inmate skills that may be of commercial use. Limits participation in such program to prisoners with no history of violent criminal activity who are able to meet strict security standards. Requires such prisoners to go directly to a work site and be returned directly to prison at the end of each work day.
Prison Expansion and Tent Camp Act - Grants priority for the acquisition of property and facilities under the Base Closure and Realignment Act for use as prison facilities first to the Attorney General and second to the States, the District of Columbia, and the territories of the United States.
Amends the Defense Authorization Amendments and Base Closure and Realignment Act to: (1) require notification of the Attorney General and the Governor of each State, the Mayor of the District of Columbia, and the Governor of each of the territories and possessions of the United States of the availability of such real property or facilities; and (2) set priorities and procedures for the transfer of such real property or facilities.
Requires the Administrator of the General Services Administration to identify and make a list of not less than 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 such property available for such use in accordance with the Federal Property and Administrative Services Act of 1949.
Authorizes the Attorney General to use tent housing, on a temporary basis, for Federal prisoners at the military facilities acquired under the Base Closure and Realignment Act and at any other Federal prison facility.
Authorizes and encourages the States to consider using temporary tent housing to house prisoners instead of releasing them before they have completed their full sentences.
Amends the Federal criminal code to bar Federal courts from holding the use of temporary tent housing unconstitutional under the eighth amendment except to the extent that an individual plaintiff inmate proves that such housing causes the infliction of cruel and unusual punishment of that particular inmate.
Requires the Director of the Bureau of Prisons to: (1) seek to cut the cost of prison construction by reducing expenditures for color television, pool tables, cable television, air conditioning, and other amenities; and (2) report to the Congress on the results of the cost savings efforts.
Authorizes appropriations for use by the Director of the Bureau of Justice Assistance (BJA) to make grants to States for shock incarceration programs as an intermediate sanction or as an alternative to conventional prisons.
Defines "shock incarceration program" as a correctional program: (1) in which adult offenders convicted of offenses for which the sentence authorized by State law is imprisonment for one year or longer are required to participate in a highly regimented program that provides strict discipline, physical training, hard labor, and drill; and (2) that excludes specified categories of offenders from participation, such as those convicted of homicide, sexual assault, or assault with a dangerous weapon.
Requires States carrying out shock incarceration projects to provide that all offenders who: (1) are confined to such programs shall be offered substance abuse treatment, counseling, and literacy education during confinement as required, shall be subject to periodic drug testing, and shall be offered vocational education and job training (both during confinement and during community confinement, home detention, or supervised release); and (2) successfully complete shock incarceration shall either serve a form of community confinement, be placed under home detention, or be placed under intensive supervision and upon release shall be subject to periodic drug testing, shall continue to receive substance abuse treatment, counseling, and literacy education, as required, and shall provide restitution and participate in community service programs as required.
Sets forth: (1) application requirements by a State; (2) selection criteria; and (3) grant limitations.
Authorizes the BJA Director to grant discretionary funding for shock incarceration projects under general discretionary funding authority.
Title X: Offense Involving Children
- Amends provisions of the Federal criminal code with respect to kidnapping to provide for enhanced minimum sentences (30 years, or life imprisonment where aggravating conduct exists) in certain cases where children are involved.
Title XI: Protection of Crime Victims
- Victims' Rights and Restitution Act of 1990 - Requires all Federal agencies engaged in the detection, investigation, and prosecution of crime to make their best effort to accord victims of crime with the right to: (1) be treated with fairness and respect for the victim's dignity and privacy; (2) be protected against their accused offenders; (3) be notified of court proceedings; (4) attend public court proceedings related to the offense under certain conditions; (5) confer with the Government attorney assigned to the case; (6) receive restitution; and (7) receive information about the conviction, sentencing, imprisonment, and release of the offender.
Directs Federal law enforcement agency heads to designate the persons required by this Act to identify and provide certain services to the victims of a crime, such as informing victims about where to receive medical care, counseling, and police protection and informing the victims of developments during the investigation and prosecution of the crime and after the trial (such as the arrest of a suspected offender or an escape of a convicted offender).
Directs the Attorney General or the head of another department or agency that conducts an investigation of a sexual assault to pay, either directly or by reimbursement of payment by the victim, the cost of a physical examination of the victim which an investigating officer determines was necessary or useful for evidentiary purposes.
Revises Federal criminal code provisions regarding orders of restitution. Requires Federal courts to order convicted criminals to pay restitution to cover the full amount of the victim's losses without consideration of the economic circumstances of the offender or the fact that a victim has received or is entitled to receive compensation with respect to a loss from other sources. (Currently orders of restitution are discretionary.) Authorizes Federal courts to order restitution of any person who, as shown by a preponderance of evidence, was harmed physically, emotionally, or pecuniarily by the unlawful conduct of the defendant during the crime.
Amends the Federal bankruptcy code to prevent orders of restitution from being discharged as a result of bankruptcy.
Title XII: Racial and Ethic Bias Study Grants
- Authorizes the Attorney General to make grants to States that have established plans for analyzing the role of race in their criminal justice systems, including the imposition of the sentence of death. Requires such plans to include recommendations for correcting findings of racial and ethnic bias.
Sets forth: (1) criteria for awarding grants; (2) reporting requirements by the States; and (3) provisions for reimbursement of States for work started prior to enactment of this Act. Authorizes appropriations.
Title XIII: Police Corps and Law Enforcement Training and Education Act
- Police Corps and Law Enforcement Training and Education Act - Establishes within DOJ an Office of the Police Corps and Law Enforcement Education to be headed by a Director.
Requires a State that desires to participate in the Police Corps program or the Law Enforcement Scholarship program to designate a lead agency and submit a State plan containing assurances with respect to: (1) lead agency cooperation with other State and local agencies; (2) the State advertising of the assistance available; (3) State screening and selection of law enforcement personnel for participation in the program; and (4) compliance with other specified requirements.
Subtitle A: Police Corps Program
- Authorizes the Director to award scholarships (including direct payments to institutions and reimbursement of educational costs) to participants who agree to work for four years in a State or local police force after completion of a baccalaureate program and police corps training, subject to specified conditions. Sets forth provisions with respect to: (1) scholarship assistance for dependent children of law enforcement officers; (2) the selection of participants; (3) minority recruitment; and (4) leaves of absence.
Requires the Director to establish up to three training centers to provide basic law enforcement training to State Police Corps program participants. Requires participants to attend two eight-week training sessions at such training centers and to meet certain performance standards in order to remain in the Police Corps program. Requires the Director to pay participants a weekly stipend during training.
Requires a State, in order to participate in the Police Corps program, to submit a plan for implementing such program to the Director for approval. Requires such plan to: (1) include assurances that participants will receive additional State or local training after completing Federal training which shall count toward the four-year service obligation; and (2) provide that program participants shall be assigned to community and preventive patrol in geographic areas with the greatest need for additional law enforcement personnel. Provides for the swearing in of participants as members of the police force to which they are assigned after completing Federal training and meeting the requirements of that police force.
Subtitle B: Law Enforcement Scholarship Program
- Directs each State to pay from funds under this Act the Federal share (not more than 60 percent) of the cost of awarding scholarships to in-service law enforcement personnel for further education.
Sets forth State plan requirements, including identifying model curricula and existing programs and providing assurances that the State will promote cooperative agreements to enhance law enforcement personnel recruitment efforts in high schools and community colleges.
Sets forth application requirements. Grants priority in awarding scholarships to members of underrepresented groups and to those pursuing an undergraduate degree.
Requires each individual awarded a scholarship to work in a law enforcement position in the State which made the award for a period of one month for each credit hour of financial assistance (with a six-month minimum and two-year maximum).
Subtitle C: Reports
- Sets forth provisions requiring: (1) annual reports by the Director to the Attorney General, the President, and specified Members of Congress; and (2) a special report by the Attorney General to the Congress on a plan to expand scholarship assistance to eligible Federal law enforcement officers.
Title XIV: Drug Kingpin Death Penalty Act of 1990
- Drug Kingpin Death Penalty Act of 1990 - Provides for imposition of the death penalty for those: (1) subject to mandatory life imprisonment for committing a federal drug felony as part of a continuing criminal enterprise; (2) convicted of committing such a felony as part of a continuing criminal enterprise where the defendant is a principal administrator, organizer, or leader of such an enterprise and, in order to obstruct the investigation or prosecution of the enterprise, attempts or conspires to kill any public officer, juror, witness, or family or household member of such a person; and (3) who, intending to cause death or acting with reckless disregard for human life, engage in a Federal drug felony resulting in the death of another person.
Sets forth mitigating factors (such as whether the defendant's mental capacity to appreciate the wrongfulness of his or her conduct or to conform such conduct to the requirements of the law was significantly impaired, the defendant was under unusual or substantial duress, or the defendant was an accomplice whose participation in the offense was relatively minor) and aggravating factors (such as prior convictions of offenses for which a death sentence or life imprisonment was authorized, prior convictions of two or more violent or drug offenses, certain weapons offenses, the use of minors in trafficking, and lethal adulteration of a controlled substance) in determining whether a sentence of death is justified.
Sets forth procedures for a special hearing to determine whether a sentence of death is justified. Requires the court to instruct the jury that, in considering whether a sentence of death is justified, it shall not consider the race, color, religious beliefs, national origin, or sex of the defendant or any victim. Requires the court to impose a sentence of death if the jury (or if there is no jury, the court) returns a recommendation of the death penalty.
Sets forth procedures for review and implementation of a sentence of death. Specifies that: (1) a sentence of death may not be carried out upon a person who lacks the mental capacity to understand the death penalty and why it was imposed or upon a pregnant woman; and (2) no employee of any State department of corrections or the Federal Bureau of Prisons and no employee providing services to that department or bureau under contract shall be required to participate in any execution if participation is contrary to such employee's moral or religious convictions.
Provides for appointment of counsel in Federal capital cases for indigent defendants. Sets standards for competence of counsel. Specifies that Federal law does not create appointment of counsel requirements in State capital cases other than those imposed by the Constitution.
Specifies that appointment of counsel in the Federal habeas corpus review of State capital cases is discretionary.
Title XV: Law Enforcement Agencies - Subtitle A: Maintaining Funding for State and Local Law Enforcement Agencies
- Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) and the Department of Justice Appropriations Act, 1990 to maintain funding for State and local law enforcement agencies for FY 1991.
Amends the Omnibus Act to include expansion of prosecutorial, defender, and judicial resources within authorized actions under the Bureau of Justice Assistance's drug control and system improvement grant program.
Subtitle B: National Crime Information Center Project 2000
- National Law Enforcement Cooperation Act of 1990 - Authorizes appropriations for FY 1991 through 1995 to implement the NCIC 2000 project, a project developed by the Federal Bureau of Investigation (FBI) aimed at upgrading the technological capabilities of the National Crime Information Center (NCIC) in order to meet the needs of U.S. law enforcement agencies into the next century. Requires a congressional report by the Director of the FBI concerning project implementation and fund uses.
Title XVI: Federal Law Enforcement and Judicial Assistance
- Authorizes appropriations for the FBI, the Drug Enforcement Administration (DEA), U.S. courts, U.S. attorneys, defender services, U.S. marshals, and the Immigration and Naturalization Service (INS) U.S. Border Patrol.
Title XVII: Rural Drug Enforcement
- Rural Drug Enforcement Act - Requires the Director of National Drug Control Policy to designate a Rural Drug Policy Coordinator to examine the special needs of rural areas in drug interdiction and coordinate the drug interdiction efforts of Federal agencies in such areas.
Amends the Omnibus Act to set aside specified sums for rural areas.
Directs the Attorney General to attempt to assign not less than ten drug enforcement agents to each State and not less than four additional special agents to each rural State.
Directs the Secretary of the Treasury to develop a drug interdiction training program for law enforcement officers in rural areas.
Title XVIII: Mandatory Detention
- Mandatory Detention for Offenders Convicted of Serious Crimes Act - Amends the Bail Reform Act to require the detention, pending sentence or appeal, of any person found guilty of a crime of violence, an offense for which the maximum sentence is life imprisonment or death, or drug offenses for which a maximum term of imprisonment of ten years or more is prescribed, unless there is a substantial likelihood of acquittal or a new trial, or the Government is not recommending imprisonment and the person is not likely to flee or pose a danger to the community.
Makes exceptions to mandatory detention upon appeal by the Government in exceptional cases.
Title XIX: Forfeiture
- Amends the Federal judicial code to authorize the use of appropriations from the Department of Justice Assets Forfeiture Fund for: (1) the purchase of firearms, ammunition, and personal safety equipment for investigative and enforcement personnel of the DEA, FBI, U.S. Marshals Service, and INS; (2) certain services related to the storage, protection, and destruction of listed chemicals (current law only covers controlled substances); and (3) the payment of awards for certain information or assistance with respect to money laundering.
Authorizes the Attorney General to warrant clear title to subsequent purchasers or transferees of forfeited property.
Amends the Tariff Act of 1930 to increase from $100,000 to $500,000 the threshold value of seized vessels or merchandise to trigger provisions with respect to notice of seizure and disposition of the property, and to include seized monetary instruments within the scope of such provisions.
Provides for civil forfeiture of proceeds which represent the instrumentalities of a foreign drug offense. Prohibits forfeiture 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 or consent of, or with the willful blindness of, the owner.
Amends the Federal criminal code and the (CSA) to provide for: (1) penalties and forfeiture of certain interests in property for racketeering activity for which the maximum penalty includes life imprisonment, irrespective of any bankruptcy proceeding instituted after or in contemplation of prosecution; and (2) nonabatement of criminal forfeiture when a defendant or petitioner dies pending appeal.
Amends the CSA to provide for: (1) the forfeiture of a weapon, computer, or electronic communications device used to facilitate a drug offense; (2) the forfeiture of proceeds traceable to conveyances used to facilitate such offense; and (3) the forfeiture and destruction of dangerous, toxic, and hazardous materials.
Eliminates the restriction on disposal of judicially forfeited property by the Department of the Treasury and the Postal Service.
Provides for the forfeitability of certain property with respect to illegal gambling, irrespective of State law or any bankruptcy proceeding instituted after or in contemplation of a prosecution under this Act.
Amends the Tariff Act of 1930 to authorize the use of moneys from the Customs Forfeiture Fund for certain State overtime, travel, and other costs incurred in assisting (under current law, in joint operations with) the U.S. Customs Service in law enforcement activities.
Authorizes the disclosure of certain grand jury information for use in carrying out the civil forfeiture provisions of the CSA.
Title XX: Public Corruption
- Anti-Corruption Act of 1990 - 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, paying or offering to pay any person for voting, or the filing of fraudulent campaign reports, subject to certain conditions.
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 uses interstate commerce to: (1) deprive or defraud the inhabitants of any State, political subdivision, or area of Indian tribal government of the right to have government affairs conducted on the basis of complete, true, and accurate information; or (2) carry out or conceal any scheme or artifice to defraud, discriminate, harass, or take 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, provided such person did not participate in the scheme or artifice.
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 commit 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.
Title XXI: Civil Enforcement
- Amends the CSA to authorize the Attorney General to bring a civil action to enforce such Act. Grants the court the power to assess a civil penalty of up to $100,000 and to grant other relief, including injunctions and evictions.
Requires the Attorney General to: (1) aggressively use criminal, civil, and other equitable remedies (injunctions, stay-away orders, and forfeiture sanctions) against drug offenders; and (2) submit an annual report to the Congress on the use and effect of the remedies in curtailing drug trafficking.
Title XXII: Juvenile Justice
- Amends the Federal criminal code to: (1) add certain firearms offenses to the offenses over which the United States has juvenile delinquency jurisdiction; and (2) provide for the treatment of violent juveniles who commit firearms offenses as adults under certain circumstances. Specifies factors to be considered in transferring a juvenile to adult status.
Waives confidentiality in certain juvenile proceedings.
Classifies as serious drug offenses for purposes of the Armed Career Criminal Act of 1984 serious drug offenses committed by juveniles.
Title XXIII: Short-Barreled Shotguns
- Provides for enhanced penalties for the use of short-barreled rifles, short-barreled shotguns, or destructive devices during or in relation to a crime of violence or drug trafficking crime.
Title XXIV: Miscellaneous Criminal Law Improvements
- Amends the Federal criminal code to provide that, wherever it is an element of an offense that any property was embezzled, stolen, counterfeited, or altered and that the defendant knew that the property was of such character, such element may be established by proof that the defendant, after or as a result of an official representation as to the nature of the property, believed the property to be embezzled, stolen, counterfeited, or altered.
Revises the meaning of "controlled substances" under the RICO statute, recidivist penalties, mandatory penalties for serious crack possession, methamphetamine possession penalties, and maritime drug law enforcement matters.
Extends the application of various offenses to U.S. possessions and territories.
Repeals crimes against U.S. carrier pigeons, prohibitions on liquor and opium exports to Pacific Island aboriginies, and other obsolete laws.
Amends Federal criminal code provisions regarding aggravated sexual abuse to include certain individuals under 14 years of age (under current law, applies only where the victim is under 12). Revises the definitions of sexual act and sexual contact with respect to persons under 16 years of age. Provides for enhanced penalties for subsequent offenses by persons convicted of such crimes.
Authorizes the court, upon motion of the Government, to impose a term of probation for a defendant's substantial assistance in the investigation or prosecution of another person who has committed an offense.
Amends the Federal Rules of Criminal Procedure with respect to the number of peremptory challenges allowed.
Sets forth penalties for: (1) unlawful disclosure of intercepted wiretaps or oral communications obtained during the course of official duties in connection with a criminal investigation; and (2) disclosure of such intercepted information in order to impede a criminal investigation.
Amends the CSA to increase penalties for the distribution or manufacturing of illicit drugs in or near schools or colleges.
Amends the Federal criminal code to: (1) authorize the Attorney General to transfer forfeited personal property (or the proceeds of the sale) to any foreign country which participated in the seizure or forfeiture of the property, if certain conditions are met; (2) modify the knowledge requirement with respect to international money laundering; (3) make subject to seizure and forfeiture certain assets in place of the actual property laundered where the defendant conducted three or more transactions involving $100,000 or more in any 12-month period; and (4) subject persons who attempt or conspire to launder monetary instruments or engage in monetary transactions in property derived from specified unlawful activity to the same penalties as those prescribed for the offense which was the object of the attempt or conspiracy.
Title XXV: Federal Prisoner Drug Testing
- Federal Prisoner Drug Testing Act of 1990 - Amends the Federal criminal code to require, as a condition of probation, supervised release, or parole, that the defendant pass a drug test prior to the imposition of sentence, refrain from any unlawful use of a controlled substance, and submit to at least two periodic drug tests (as determined by the court) for use of a controlled substance.
Specifies that no action may be taken against a defendant pursuant to such a drug test unless the test confirmation is a urine drug test confirmed using gas chromatography/mass spectometry techniques or one determined to be of equivalent accuracy.
Title XXVI: Drug Enforcement Grants
- Amends the Omnibus Act to authorize appropriations for grants under the drug control and system improvement grant program.
Title XXVII: Criminal Restitution Debts Nondischargeable in Bankruptcy
- Makes provisions of the Bankruptcy code inapplicable to the payment of restitution in any State or Federal criminal judgment with respect to: (1) automatic stays of judicial or administrative proceedings; and (2) the discharge of debts.
Title XXVIII: National Child Search Assistance Act of 1990
- National Child Search Assistance Act of 1990 - Requires each Federal, State, and local law enforcement agency to report each case of a missing child under age 18 to the NCIC. Directs the Attorney General to establish guidelines for the collection of such reports and to publish an annual summary.
Requires States reporting under this Act to: (1) ensure that no State law enforcement agency establishes a policy which requires a waiting period before accepting a missing child report; (2) provide that all information is entered into the State law enforcement system and the NCIC computer networks and forwarded to the Missing Children Information Clearinghouse (Clearinghouse) or other designated agency within the State; (3) require the Clearinghouse or designated agency to verify and update the original entry made into the State law enforcement system and NCIC computer networks and to institute or assist with appropriate search and investigative procedures; and (4) maintain close liaison with the National Center for Missing and Exploited Children for the exchange of information and technical assistance in the missing children cases.
Specifies that any State not complying with such reporting requirements shall be denied grants, cooperative agreements, or other assistance authorized by the Missing Children's Assistance Act.
Title XXIX: Food Stamp Criminal Provisions
- Food Stamp Trafficking Prevention and Penalty Act of 1990 - Amends the Food Stamp Act of 1977 to require retail and wholesale food concerns participating in the food stamp program to provide the Secretary of Agriculture with their Internal Revenue Service taxpayer identifying numbers.
Makes it unlawful to launder funds obtained from food stamp coupon trafficking. Provides for civil and criminal forfeiture and property disposition for violating this Act.
Title XXX: Public Safety Officers' Disability Benefits
- Amends the Omnibus Act to require the BJA to pay a disability benefit to a public safety officer permanently and totally disabled as a result of an injury sustained in the line of duty. Prohibits the payment of: (1) death benefits to officers who receive disability benefits; and (2) disability benefits to officers who receive death benefits. Applies specified limitations on death benefits to disability benefits.
Defines "catastrophic injury" for purposes of such Act to mean the consequences of an injury that permanently prevent an individual from performing any gainful work.
Title XXXI: Law Enforcement Funding
- Amends the Department of Justice Appropriations Act to authorize appropriations for FY 1991 for law enforcement purposes.
Title XXXII: Money Laundering
- Amends the Federal criminal code to: (1) provide for criminal forfeiture of property in cases involving the export and import of certain monetary instruments; and (2) make felony violations of specified environmental laws, such as the Federal Water Pollution Control Act, predicates to money laundering violations.
Title XXXIII: Debt Collection
- Federal Debt Collection Procedures Act of 1990 -
Subtitle A: Debt Collection Procedures
- Establishes a uniform, nationwide system of procedures to facilitate the collection of debts owed to the United States. Provides that the United States shall not be barred by the statute of limitations of any State in the enforcement of any of its claims.
Establishes a pre- and post-judgment right of discovery with respect to the financial condition of any debtor.
Establishes special rules with respect to the sale of perishable property during the pendency of any proceeding to recover debts owed to the United States.
Grants U.S. counsel and non-attorney debt collection personnel absolute immunity from liability arising from errors, omissions, or negligence in performing their official debt collection duties.
Allows U.S. district courts to assign their duties in proceedings under this Act to U.S. magistrates.
Permits a U.S. Attorney to commence a proceeding against parties for the purpose of determining whether a claim for relief should be asserted whenever the United States believes that an illegal activity threatens to deprive it of a claim.
Allows the United States to name as an additional defendant any party believed to owe sums to the debtor arising out of the transaction giving rise to the obligation to the United States.
Permits the United States to seek any prejudgment remedy allowed by law. Sets forth procedures to be followed by the United States under such circumstances. Establishes additional procedural requirements with respect to the attachment of property, garnishment, sequestration, and replevin. Prohibits a U.S. marshal from selling property unless ordered by the court.
Allows the United States to apply for the appointment of a receiver for property in which it has an interest and which is or will be the subject of a court action. Sets forth the powers of the receiver.
Allows the district court to enter a "judgment by confession" in favor of the United States without the filing of a civil action for money due and owing.
States that a judgment creates a lien upon all the real property of a judgment debtor. Makes any person who is the subject of such a lien ineligible for Federal grants and loans. Allows the district court to order the United States to sell any real property subject to its judgment lien. Sets forth procedures for determining the applicable interest to be charged on judgments. States that such liens shall be effective for a period of 20 years and renewable for one additional 20-year period.
Sets forth procedures with respect to: (1) the issuance of restraining notices; (2) the sale of real and personal property subject to levy pursuant to a writ of execution; (3) installment payments; and (4) garnishment.
Grants the court power to: (1) modify the use of any enforcement procedure; (2) punish for civil and criminal contempt with respect to an enforcement procedure or order under this Act; and (3) under certain circumstances, issue a warrant for the arrest of a judgment debtor.
Lists the types of property exempt from the enforcement procedures of this Act, including the debtor's: (1) interest in real property used as a residence; (2) interest in one motor vehicle; (3) interest in unmatured life insurance contracts; (4) right to receive social security, veterans' disability, Medicaid, Medicare, unemployment, and AFDC benefits; and (5) right to receive an award under a crime victim's reparation law, a payment on account of the wrongful death of certain individuals, a payment under certain life insurance contracts, a payment, not to exceed $7,500, on account of personal bodily injury, with limitations, or a payment in compensation for the loss of certain future earnings. Places certain limitations on exempt property.
Provides remedies for the fraudulent transfer of an asset by a debtor.
Allows the United States to bring an action in U.S. district court to compel a partition of property among co-owners and tenants.
States that Federal law shall govern: (1) any action by the United States to foreclose security interests in real property; and (2) the right of the United States to collect a deficiency following the foreclosure of a loan guaranteed or insured by the United States.
Subtitle B: Amendments to Other Provisions of Law
- Makes technical and conforming amendments to various provisions of Federal law.
Establishes in the Treasury the Department of Justice Debt Collection Fund, which shall be used to: (1) train Department personnel in debt collection; (2) provide services pertinent to debt collection; and (3) cover expenses associated with the sale of property. Authorizes appropriations for FY 1990 through 1993.
Allows the court to order that criminal appearance bail bonds be applied to the payment of any assessment, fine, restitution, or penalty imposed upon the defendant.
Title XXXIV: Drunk Driving Victims' Protection Act
- Drunk Driving Victims' Protection Act - Bars the discharge in bankruptcy of: (1) any debt, claim, or judgment wherein liability was incurred as a result of the debtor's operation of a motor vehicle while legally intoxicated or impaired by use of alcohol or drugs; and (2) any debt to the extent that such debt arises from a proceeding brought by a governmental unit to recover civil or criminal restitution or from an agreement by the debtor to pay money or transfer property in settlement of such an action.
Title XXXV: Drug-Free School Zones
- Directs the Attorney General to develop a model program of strategies and tactics for establishing and maintaining drug-free school zones designed to provide State and local law enforcement agencies with materials, training, and other assistance to establish, enforce, and evaluate the effectiveness of drug-free school zone enforcement efforts.
Sets forth: (1) program criteria, including development of a framework for law enforcement collaboration with the school system and community resource network and provision of materials and technical assistance for demarcating and establishing such zones; and (2) reporting requirements (by the Attorney General to the Congress). Authorizes appropriations.
Title XXXVI: Steroid Trafficking
- Steroid Trafficking Act of 1990 -
Subtitle A: Anabolic Steroids
- Amends the CSA to add anabolic steroids to Schedule II. Excludes from Schedule II anabolic steroids those expressly intended for administration through implants to cattle or nonhuman species and approved for such administration, with exceptions.
Authorizes the refill without registration of any prescription for anabolic steroids subject to refill on or after the date of the enactment of this Act.
Requires the Attorney General to exempt: (1) any compound, mixture, or preparation containing an anabolic steroid from application of all or part of such Act if, because of its concentration, preparation, mixture, or delivery system, it has no significant potential for abuse; and (2) at a minimum, estrogens, progestins and corticosteroids.
Authorizes the Attorney General to exempt an anabolic steroid from any production regulations if it is approved by the Food and Drug Administration as an accepted treatment for a rare disease or condition under the Federal Food, Drug, and Cosmetic Act and it does not have a significant potential for abuse.
Subtitle B: Human Growth Hormone
- Amends the Federal Food, Drug, and Cosmetic Act to increase the criminal fine and imprisonment penalties for knowingly distributing, or possessing with the intent to distribute, human growth hormone for any use in humans other than treatment of a recognized disease or other medical condition (currently, a recognized disease) pursuant to the order of a physician. Increases the penalties if the offense involves (currently, if the distribution or intended distribution is to) an individual under the age of 18 years. Declares such a violation to be a felony violation of the CSA for purposes of forfeiture. Authorizes the DEA to investigate such offenses.
Repeals provisions of the Anti-Drug Abuse Act of 1988 relating to forfeiture and illegal trafficking in steroids or a human growth hormone.
Title XXXVII: Miscellaneous Criminal Provisions - Subtitle A: Other Justice Improvements
- Amends the Omnibus Act to include among the incarceration alternatives under the Drug Control and System Improvement Grant Program 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 provide a minimum penalty of $500 for illegal importation of small quantities of drugs.
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 DOJ. (Currently, such awards are limited to civil or criminal forfeitures under the Comprehensive Drug Abuse Prevention and Control Act of 1970 or criminal forfeitures under the Racketeer Influenced and Corrupt Organizations (RICO) statute.)
Sets forth a limitation on an exception to money laundering forfeitures where the defendant, in committing the offense giving rise to the forfeiture, conducted three or more separate transactions involving a total of $100,000 or more in any 12-month period.
Increases the penalty for conspiracy to commit murder for hire.
Subtitle B: Miscellaneous and Technical Amendments
- Makes technical, clarifying, and conforming amendments with respect to banking any money laundering offenses and other matters.
Adds conspiracy or the attempt to commit a drug offense by a juvenile as offenses warranting adult prosecution.
Grants State government personnel authority to assist in the court-authorized interception of communications.
Authorizes the Director of National Drug Control Policy to transfer specified funds to high intensity drug trafficking areas, to Federal agencies and departments, and to the Office of National Drug Control Policy for purposes of executing the National Drug Control Strategy.
Prohibits any person from failing to file specified reports on, or structuring, the importation or exportation of monetary instruments for the purpose of evading reporting requirements of the Currency and Foreign Transactions Reporting Act.
Amends the Federal criminal code to: (1) make the statute of limitations five years for certain firearms offenses; (2) make it unlawful for felons and others to possess explosives; and (3) authorize the summary destruction of explosives subject to forfeiture where it is impracticable or unsafe to remove or store them, subject to specified conditions (and make provision for claims for reimbursement by the owner, subject to specified restrictions).
Title XXXVIII: Drug Paraphernalia Amendment
- 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 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 XXXIX: General Provisions
- Amends the Federal criminal code to authorize the U.S. Marshals Service to designate districts that need additional support from certain private detention entities based on: (1) the number of Federal detainees in the district; and (2) the availability of Federal, State, and local government detention facilities.
Sets forth requirements which private entities must meet to be eligible for a contract for the housing, care, and security of persons held in U.S. custody and for Federal funding. Requires the Marshals Service to provide an opportunity for public comment on such contracts.
Amends the CSA to include within the scope of penalties for controlled substances distribution the manufacture or distribution within 1,000 feet (current law specifies 100 feet) of a playground.
Gun-Free School Zones Act of 1990 - Amends the Federal criminal code to impose criminal penalties for the possession or discharge of a firearm in a school zone, with specified exceptions including the possession or discharge by an individual as part of a school program or by a law enforcement officer acting in an official capacity.
Encourages Federal, State, and local authorities to post signs around school zones warning of a prohibition of the possession of firearms in a school zone.
Amends the Tariff Act of 1930 to make the Customs Forfeiture Fund available for specified payments and costs incurred in assisting the U.S. Customs Service in law enforcement activities. (Current law limits such payments to expenses incurred in joint law enforcement operations with the Customs Service.)
Amends the CSA to prohibit advertisements to promote or facilitate the distribution or transfer of a Schedule I controlled substance.
Authorizes appropriations for FY 1991 for activities of DOJ for the establishment and operation of a national drug and related crime tip hotline.
Declares that the punishment provided by law for offenses charged in an indictment or information is a matter exclusively within the province of the court, as provided by law, and that no information concerning the length of incarceration which may or must be imposed upon conviction may be available to the jury. Makes this provision inapplicable in capital cases.
Amends the U.S. Housing Act of 1937 to: (1) require a public housing agency which evicts an individual or family from a dwelling unit for engaging in criminal activity to notify the local post office that such individual or family is no longer residing in such unit; and (2) allow an agency to exclude from its administrative grievance procedure any grievance concerning an eviction or termination of tenancy for criminal activity that adversely affects the health, safety, and welfare of the public housing tenants on the premises, provided the agency notifies the tenant of the reason for the action to evict or terminate the tenancy.
Requires the Attorney General to enter into negotiations with foreign countries with jurisdiction over companies that manufacture, sell, or purchase certain precursor or essential chemicals used in the production of illicit narcotics. Declares that the purposes of such negotiations shall be to: (1) establish a list of chemicals contributing to the illicit manufacture of controlled substances; (2) reach international agreements on a method of maintaining records of transactions of such chemicals; (3) establish a procedure by which such records may be made available to U.S. law enforcement authorities for conducting investigations relative to such chemicals; and (4) encourage chemical source countries to enact specified chemical control legislation. Directs the President to impose penalties or sanctions on entities refusing to maintain or make available to U.S. law enforcement authorities records on such chemicals, including prohibiting such entities from engaging in U.S. commerce. Makes this title inapplicable to the manufacture, distribution, sale, import, or export of any drug which may be lawfully sold over-the-counter without prescription under the Federal Food, Drug, and Cosmetic Act .
Amends the Immigration and Nationality Act to: (1) permanently bar reentry of aliens convicted of aggravated felonies; (2) require the Attorney General to take into custody any alien convicted of an aggravated felony upon completion of the alien's sentence pending a determination of excludability; and (3) bar any alien convicted of such offense from eligibility for suspension of deportation.
Makes provisions barring the deportation of an alien convicted of a crime under specified circumstances inapplicable to an alien convicted of an aggravated felony.
Directs: (1) the Commissioner of the INS to provide for the fingerprinting and photographing of each alien 14 years or older against whom a proceeding to determine deportability has been commenced; and (2) the Attorney General to acquire and exchange records and information pertaining to aliens for whom an arrest warrant has been issued for failure to appear at such a proceeding.
Requires the U.S. Sentencing Commission to transmit to the Senate and House Judiciary Committees a report on mandatory minimum sentencing provisions in Federal law.
Directs the Attorney General to: (1) study the problems associated with the purchase of ephedrine; and (2) report to the Congress and the President on whether a 21-day waiting period for any such purchase would reduce the manufacture of methamphetamine.
Authorizes railroad police officers to enforce the laws of any jurisdiction in which the rail carrier owns property, subject to specified limitations.
Title XL: Prosecution of Thrift and Bank Fraud
- Comprehensive Thrift and Bank Fraud Prosecution and Taxpayer Recovery Act of 1990 -
Subtitle A: Bank Fraud and Embezzlement Penalties
- Amends the Federal criminal code to increase the maximum imprisonment penalty for specified bank fraud and embezzlement crimes from 20 to 30 years.
Prescribes monetary penalties and up to life imprisonment for engaging in a continuing financial crime enterprise. Deems a person to be engaging in such an enterprise if such person: (1) violates specified criminal code provisions; (2) violates laws in concert with at least three persons with respect to whom such person occupies a supervisory position; and (3) receives at least $5,000,000 in gross receipts during a 24-month period.
Includes within the definition of "racketeering activity" under RICO predicate offenses relating to: (1) the receipt of gifts or commissions for procuring loans; (2) financial institution embezzlement; and (3) fraud and false statements.
Directs the U.S. Sentencing Commission to provide that in major bank crime cases where the offender derives more than $1,000,000 from the offense such offender shall be assigned an offense level that is: (1) four times greater than the level that would have been assigned if the offense had not been committed under such circumstances; and (2) at least 24.
Subtitle B: Broadening Investigative Authority in Bank Crime Cases
- Authorizes the interception of wire, oral, or electronic communications in connection with specified bank fraud and bribery offenses. Removes from the list of offenses for which such interception is authorized offenses relating to the destruction of energy facilities.
Subtitle C: Restructuring the Federal Attack on Bank Crimes
- Establishes the Financial Services Fraud Unit within DOJ to be headed by a special counsel.
Directs the Attorney General to establish: (1) such financial institutions fraud task forces as appropriate to prosecute fraud and other criminal activity in the financial services industry and to recover the proceeds of unlawful activities; and (2) a senior interagency group to assist in identifying the most significant savings and loan and bank fraud cases and in focusing investigative and prosecutorial resources where they are most needed.
Sets forth unit reporting requirements.
Subtitle D: Expanding Federal Forfeiture and Money Laundering Laws
- Subjects to forfeiture property derived from specified offenses affecting insured depository institutions. Provides for the restoration of such property to victims of the offenses. Authorizes the seizure of property subject to forfeiture.
Adds specified bank fraud offenses to the list of predicates under money laundering provisions.
Amends the Federal Deposit Insurance Act to prohibit liability incurred as a result of a breach of fiduciary duty from being discharged through bankruptcy.
Amends Federal bankruptcy law to disallow the use of bankruptcy to discharge a debtor from commitments to maintain the capital of an insured depository institution. Makes other exceptions to discharges in bankruptcy with respect to financial crimes.
Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to expand requirements for the disclosure of administrative enforcement proceedings by Federal banking agencies and the National Credit Union Administration Board. Requires Federal banking agencies to maintain records, for at least ten years, of documents and notices of charges issued with respect to administrative enforcement proceedings. Provides for public disclosure of agency action, except where contrary to the public interest. Authorizes delay of publication under exceptional circumstances.
Subtitle E: Increasing Investigators and Prosecutors for Bank Fraud and Embezzlement Cases
- Authorizes and allocates appropriations for salaries and expenses for investigation and prosecution of bank crime cases.
Subtitle F: Preventing and Prosecuting Fraud in the Sale of Assets by the Resolution Trust Corporation
- Prescribes monetary and criminal penalties for the knowing concealment of assets from the Federal Deposit Insurance Corporation (FDIC) or the Resolution Trust Corporation (RTC) in such Corporation's capacity as conservator or receiver for an insured depository institution.
Subjects to civil and criminal forfeiture property derived from specified violations relating to the sale of assets by the RTC.
Authorizes the FDIC or the RTC to institute civil proceedings under RICO for violations affecting insured depository institutions.
Amends the Federal Deposit Insurance Act to grant the FDIC and the RTC subpoena authority when acting as conservators or receivers.
Authorizes courts, at the request of the FDIC or RTC, to place assets of any person under the control of a trustee if: (1) such person is an institution-related party who may be required to pay restitution to the institution or is a debtor of the institution; or (2) such person's assets will be dissipated or placed beyond the jurisdiction of the court or the FDIC or RTC before any recovery may be completed, unless a trustee is appointed.
Permits the FDIC or the RTC, as conservators or receivers, to avoid any fraudulent transfer of interest made by an institution-affiliated person or debtor within five years of the date on which the FDIC or RTC was appointed conservator or receiver. Sets forth recovery rights with respect to transferred property.
Amends the Financial Institution Reform, Recovery, and Enforcement Act of 1989 to grant injunctive relief in actions brought by the FDIC, RTC, or National Credit Union Administration that involve fraud affecting financial institutions.
Amends the Federal Home Loan Bank Act to require the RTC to maintain a Fraud and Enforcement Review Division.
Subtitle G: Increased Authority for United States Magistrates
- Amends the Federal judicial code to grant authority for U.S. magistrates to accept a guilty plea to a felony with the defendant's consent for specified offenses affecting an insured depository institution.
Subtitle H: Interagency Coordination
- Authorizes: (1) the Attorney General to accept, and Federal departments and agencies to provide, attorneys, law enforcement personnel, and other U.S. employees to assist DOJ in the investigation and prosecution of unlawful activity in or against any federally insured financial institution; and (2) any attorney of a department or agency whose services are accepted, subject to general supervision of the Attorney General, to conduct legal proceedings and perform investigations or prosecutions which U.S. attorneys are authorized by law to conduct and perform.
Amends the Federal Deposit Insurance Act to authorize the appropriate Federal banking agency, in conducting any investigation, examination, or enforcement action, to: (1) request the assistance of a foreign banking authority; and (2) maintain an office outside the United States. Authorizes such agency to: (1) provide assistance to foreign banking authorities which are conducting an investigation to determine whether an individual has violated, is violating, or is about to violate any law or regulation relating to banking matters administered or enforced by the requesting authority; and (2) conduct investigations to collect information and evidence pertinent to a request for assistance. Authorizes the FDIC and the RTC, as conservator or receiver of any insured depository institution, to: (1) request the assistance of a foreign banking authority and to provide assistance to such authority in accordance with such guidelines; and (2) maintain an office to coordinate foreign investigations or investigations on behalf of foreign banking authorities.
Subtitle I: Private Actions Against Persons Committing Bank Fraud Crimes
- Financial Institutions Anti-Fraud Enforcement Act of 1990 -
Chapter 1: Declarations Providing New Claims to the United States
- Establishes a mechanism by which individuals may file a declaration of: (1) a violation, or conspiracy to violate, specified Federal criminal code provisions dealing with financial crimes; (2) a violation giving rise to an action for civil penalties under the Financial Institution Reform, Recovery, and Enforcement Act; or (3) facts giving rise to any other civil right of action by the United States for damages or penalties arising from fraud affecting a depository institution insured by the FDIC or any other U.S. agency or entity. Extends the statutes of limitations upon all current, unexpired civil causes of actions involving such violations for five years.
Sets forth: (1) requirements for such declarations; (2) confidentiality provisions; (3) rights of declarants (including awards to declarants for convictions based on information contained in a valid declaration); and (4) provisions governing the distribution of funds or assets obtained by a U.S. agency or entity pursuant to the execution of a civil, criminal, or administrative judgment or order.
Requires the Attorney General to notify a declarant in writing, of the reasons for a conclusion that the information contained in a declaration should not be pursued in a civil or criminal proceeding.
Sets up a mechanism by which a declarant, whose allegations have not yet been addressed within three years of filing the declaration, may request the Attorney General to award a contract for the prosecution of the action (which, if granted, would allow the declarant the right to select counsel).
Establishes within the Treasury the Financial Institution Information Award Fund to pay awards to declarants under this Act and to pay special rewards under the Federal criminal code.
Requires the Attorney General to compile a public report on the processing of declarations under this Act.
Chapter 2: Declarations Providing the United States With New Information Concerning the Recovery of Assets
- Authorizes individuals, following the entry of a final judgment in civil or criminal actions under chapter 1, to file a declaration identifying specific assets which might be recovered by the United States in satisfaction of that judgment. Sets forth provisions analogous to those for declarations under chapter 1.
Chapter 3: Rewards for Information Leading to Recoveries, Civil Penalties, or Prosecutions
- Amends the Federal Deposit Insurance Act to eliminate the requirement that the amount of the recovery or forfeiture exceed $50,000 before rewards may be paid to individuals providing information leading to the recovery of certain criminal fines, restitution, or civil penalties, or certain forfeitures.
Authorizes the Attorney General to make payments of up to $50,000 from the Financial Institutions Information Award Fund, in special circumstances, to persons who furnish information unknown to the Government relating to a possible prosecution of certain offenses affecting a depository institution insured by the FDIC or any other U.S. agency or entity, or to a possible conspiracy to commit such an offense. Specifies restrictions on the making of such payments.
Authorizes an individual to obtain relief in a civil action where such individual: (1) is discharged, demoted, threatened, harassed, or in any other manner discriminated against by an employer because of lawful acts done by such individual in furtherance of a prosecution under this Act; and (2) was not a knowing participant in the unlawful activity that is the subject of a prosecution.
Chapter 4: Use of Private Legal Resources
- Authorizes the Attorney General to enter into contracts retaining private counsel to furnish legal services for certain civil actions affecting a depository institution insured by the FDIC or any other U.S. agency or entity, subject to specified limitations (e.g., that the fee for such services be the same or comparable to that typically charged for clients in private practice in the jurisdiction where such services are furnished.)
Requires that such contract include provisions: (1) permitting the Attorney General to terminate such contract or representation in particular cases if the Attorney General finds such action is in the best interests of the United States; (2) requiring private counsel to transmit monthly progress reports to the Attorney General; and (3) requiring that the initiation, settlement, dismissal, or compromise of a claim be approved by a duly appointed officer of the United States.
Authorizes the court, in cases where the United States, through private counsel, prevails in a civil action, to allow the United States reasonable attorney's fees as part of costs.
Authorizes the Attorney General to promulgate regulations or guidelines to effectuate administration of this chapter.
Subtitle J: Technical Amendments
- Makes technical amendments to the Right to Financial Privacy Act and to provisions of the Federal criminal code affecting depository institutions insured by the FDIC or any other U.S. agency or entity.
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Bill titles: To control crime.
Original source documents: Digest of the Congressional Record vol. 136, p. 8846;
Links for more info on the vote: congress.gov