S. 3266 (101st): Crime Control Act of 1990

Introduced:
Oct 27, 1990 (101st Congress, 1989–1990)
Status:
Signed by the President on Nov 29, 1990
Slip Law:
This bill became Pub.L. 101-647.

This bill was enacted after being signed by the President on November 29, 1990.

Introduced
Oct 27, 1990
Passed Senate
Oct 27, 1990
Passed House
Oct 27, 1990
Signed by the President
Nov 29, 1990
 
Sponsor
Joseph Biden Jr.
Senator from Delaware
Party
Democrat
Text
Read Text »
Last Updated
Nov 29, 1990
Length
Related Bills
H.R. 5889 (Related)
Money Laundering Enforcement Amendments of 1990

Passed House
Last Action: Oct 26, 1990

S. 3037 (Related)
Money Laundering Enforcement Amendments of 1990

Passed Senate
Last Action: Oct 05, 1990

 
Full Title

A bill to control crime.

Summary

No summaries available.

 
Votes
On Motion to Suspend the Rules and Pass
Oct 27, 1990 11:57 p.m.
Passed 313/1

Cosponsors
1 cosponsors (1R) (show)
 
Primary Source

THOMAS.gov (The Library of Congress)

GovTrack gets most information from THOMAS, which is updated generally one day after events occur. Activity since the last update may not be reflected here. Data comes via the congress project.

Widget

Get a bill status widget for your website »

Citation

Click a format for a citation suggestion:

Notes

S. stands for Senate bill.

A bill must be passed by both the House and Senate in identical form and then be signed by the president to become law.

GovTrack’s Bill Summary

We don’t have a summary available yet.

Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


10/27/1990--Introduced.
Crime Control Act of 1990 -
TitleI - 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 or the Secretary 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) 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 allow Government investigators access to financial institution records without customer notification in connection with a criminal money laundering investigation.
Revises the Federal money laundering statute to include laundering proceeds of activities unlawful under laws of a foreign nation.
TitleII - Victims of Child Abuse Act of 1990
Victims of Child Abuse Act of 1990 -
SubtitleA - Improving Investigation and Prosecution of Child Abuse Cases
Requires the Director of the Office of Victims of Crime to make grants to develop multidisciplinary child abuse investigation and prosecution programs.
Enumerates program criteria, including requirements identifying an appropriate 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 Director 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.
Authorizes appropriations.
SubtitleB - Court-Appointed Special Advocate Program
Requires the Administrator of the Office of Juvenile Justice and Delinquency Prevention 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, subject to specified limitations.
SubtitleC - 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 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 or 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, subject to specified limitations.
Requires that at least 80 percent of such funds be used for juvenile and family court and State judicial programs.
SubtitleD - Federal Victims' Protections and Rights
Amends the Federal criminal code 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:
(1) of the child's fear;
(2) there is substantial likelihood that the child will suffer emotional trauma, supported by expert testimony;
(3) the child suffers a mental or other infirmity; or
(4) conduct by the defendant or defense counsel causes the child to be unable to continue testifying.
Requires the court to support on the record any findings on the child's inability to testify in open court.
Permits the court, in determining whether the impact on an individual child of one or more of such factors is so substantial as to justify such an order, to question the minor in chambers or at some other comfortable place other than the courtroom, on the record for a reasonable period of time with the child's attendant, the prosecutor, the child's attorney, the guardian ad litem, and the defense counsel present.
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, those 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 view;
(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 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.
Delineates the role of such teams.
Authorizes the court to appoint a guardian ad litem or a witness to a crime involving abuse or exploitation to protect the best interests of the child.
Sets forth guidelines with respect to criteria in choosing, and the duties of, such guardian.
Grants a child testifying in or attending a judicial proceeding the right to be accompanied by an adult attendant to provide emotional support to the child, subject to certain restrictions.
Directs that the image of the child attendant, for the time the child is testifying or being deposed, be recorded on videotape.
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 no statute of limitations that would otherwise preclude prosecution for an offense involving the sexual or physical abuse of a child under age 18 shall preclude such prosecution before the child reaches age 25.
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.
Authorizes the court to permit the child to use anatomical dolls, puppets, drawings, or any other demonstrative device to assist in testifying.
Sets penalties for knowing or intentional violation of the privacy of child victims and child witnesses.
Requires a person who, while engaged on Federal land or in a federally operated or contracted 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 the failure to report a misdemeanor.
Provides immunity for good faith reporting and associated actions.
Requires that such professionals receive periodic training in the obligations to report, as well as in the identification of abused and neglected children.
SubtitleE - 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.
SubtitleF - Grants for Televised Testimony
Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to authorize the Director of the Bureau of Justice Assistance to make grants to States for equipment, personnel training, and videotaping for closed-circuit televising of the testimony of children who are victims of abuse.
Sets forth requirements with respect to:
(1) grant applications;
(2) review of applications;
(3) allocation and distribution of funds; and
(4) reporting and recordkeeping requirements.
Authorizes appropriations.
SubtitleG - Treatment for Juvenile Offenders Who Are Victims of Child Abuse or Neglect
Authorizes the Administrator to make grants to public and nonprofit private organizations to develop, establish, and support projects which:
(1) provide treatment to juvenile offenders who are victims of child abuse or neglect and to their families;
(2) provide transitional services (including individual, group, and family counseling) to such offenders to strengthen family relationships and encourage the resolution of intrafamily problems related to the abuse or neglect, to facilitate their alternative placement, or to prepare juveniles aged 16 and older to live independently; and
(3) carry out research and evaluation of treatment and transitional services provided with grants made under this Act. Sets forth priorities for awarding grants.
Authorizes appropriations.
TitleIII - Child Protection Restoration and Penalties Enhancement Act of 1990
Child Protection Restoration and Penalties Enhancement Act of 1990 -
SubtitleA - 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 produced with materials which have been mailed or shipped in interstate or foreign commerce or intended for such shipment which contains one or more visual depictions of actual sexually explicit conduct and which does not have affixed to it a statement of the location of records with respect to the performance depicted on every copy of such matter; 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.
Removes "lascivious exhibitions of genitals or public areas" from the definition of "sexually explicit conduct" for purposes of sexual exploitation provisions.
SubtitleB - Sexual Abuse Penalties
Directs the U.S. Sentencing Commission to amend existing guidelines for sentences involving sexual crimes against children so that more substantial penalties may be imposed if the Commission determines current penalties are inadequate.
Increases the maximum penalty for sexual abuse of a minor from five to 15 years' imprisonment.
Establishes penalties for knowingly possessing with intent to sell visual depictions of sexually explicit conduct involving minors, or possession of three or more books, magazines, periodicals, films, videotapes, or other matter containing such depictions.
(Excludes depictions by words alone.) Eliminates limits on the amount of fines for such possession and for other specified activities relating to material involving the sexual exploitation of minors.
TitleIV - Offenses Involving Children
Directs the U.S. Sentencing Commission to amend existing sentencing guidelines for the kidnapping, abduction, or unlawful restraint of a victim where the offender is age 18 or over and is not a specified relative or individual having legal custody of the victim to take into consideration whether the victim was:
(1) intentionally maltreated to a life-threatening degree (i.e., denied food or medical care);
(2) sexually exploited; or
(3) placed in the care or custody of, and subjected to such treatment or exploitation by, another person who does not have a legal right to such care or custody for money or other consideration.
TitleV - Protection of Crime Victims
Victims' Rights and Restitution Act of 1990 - Requires all Federal law enforcement agencies to make their best efforts 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 about 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, the cost of a physical examination of the victim which an investigating officer determines was necessary or useful for evidentiary purposes.
Directs that a responsible official provide the victim with general information regarding the corrections process, including information about work release, furlough, and probation.
Amends the Victims of Crime Act of 1984 to extend the deadline for operation of a State victim compensation program under the Victims of Crime Act. Expresses the sense of the Congress that the States should make every effort to adopt specified goals of a Victims of Crime Bill of Rights, including the right of crime victims to be treated with respect and dignity, to be reasonably protected from the accused, to have a statutorily designated advisory role in decisions involving prosecutorial discretion (such as plea bargaining), to be present at all proceedings, with exceptions, and to be compensated for the damage resulting from the crime.
TitleVI - Law Enforcement Agencies
SubtitleA - Maintaining Funding for State and Local Law Enforcement Agencies
Amends the 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.
SubtitleB - 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 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.
TitleVII - 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.
TitleVIII - Rural Drug Enforcement
Amends the Omnibus Act to set aside specified sums for rural drug enforcement assistance. Sets forth additional requirements, including requiring within each assistance application a statement specifying how grants will be coordinated with other grants received under such Act for the same fiscal year. Authorizes appropriations.
TitleIX - 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 a drug offense 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 of the Government in exceptional cases.
TitleX - Juvenile Justice
Makes technical and conforming amendments to the Federal criminal code, the Controlled Substances Act (CSA), the Comprehensive Drug Abuse Prevention and Control Act of 1970, the Food Security Act of 1985, and the Anti-Drug Abuse Act of 1988.
TitleXI - Short-Barreled Shotguns
Provides for enhanced penalties for the use of short-barreled rifles or shotguns or destructive devices during and in relation to a crime of violence or a drug trafficking crime.
TitleXII - Miscellaneous Criminal Law Improvements
Increases penalties for crack possession from a fine or a term of imprisonment to a term of imprisonment and a fine of not less than $1,000.
Makes technical and conforming amendments with respect to the quantity of methamphetamines necessary to trigger a mandatory penalty under the CSA, the conspiracy and attempt penalty under the Maritime Drug Law Enforcement Act, and methamphetamines under the Controlled Substances Import and Export Act. Extends the application of various offenses under the Federal criminal code to U.S. possessions and territories.
Repeals provisions regarding crimes against U.S. carrier pigeons, prohibitions on liquor and opium exports to Pacific Island aborigines, and other obsolete laws.
Extends penalties for engaging in fraudulent schemes in interstate travel to cover such schemes involving foreign travel.
Deletes the requirement that the Attorney General personally approve prosecutions under the Atomic Energy Act. Amends the CSA to increase penalties for the distribution or manufacturing of illicit drugs in or near schools or colleges.
TitleXIII - Public Safety Officers' Disability Benefits
Amends the Omnibus Act to require the Bureau of Justice Assistance 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.
Adds "ambulance crew" to the definition of firefighter.
TitleXIV - 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) add felony violations of specified environmental laws, such as the Federal Water Pollution Control Act, as predicate offenses under money laundering provisions.
TitleXV - Drug-Free School Zones
Directs the Attorney General to:
(1) develop a model program of strategies and tactics for establishing and maintaining drug-free school zones; and
(2) design such program 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 networks and provision of materials and technical assistance for demarcating and establishing such zones; and
(2) requirements for reports by the Attorney General to the Congress. Authorizes appropriations.
Amends the CSA to include within the scope of penalties for controlled substances distribution the manufacture or distribution of illegal drugs within 1,000 feet (current law specifies 100 feet) of a playground.
Amends the Drug-Free Schools and Communities Act of 1986 (DFSCA) to authorize the use of funds for grants and contracts for programs and activities including:
(1) the determination of geographical boundaries of schools within the State and the posting of signs identifying school properties as drug-free school zones;
(2) drug-abuse education and prevention programs and enforcement policies designed to eliminate the illicit use of alcohol and drugs in such zones;
(3) assisting school personnel in cooperating with law enforcement officials to punish legal violations relating to illegal drugs;
(4) informing the community of the law and the perimeters of such zones;
(5) employing the services of the local or substate regional advisory council on drug abuse education and prevention as a resource for advice and support; and
(6) communicating by administrators to students and school personnel that activities that are illicit and harmful to students will not be tolerated.
Decreases (from 50 to 42.5) the percentage of funds available to the chief executive officer of a State for grants and contracts for such programs and activities.
Requires that not less than ten percent of the funds available be used for grants to local educational agencies (LEAs) in consortium with entities which have experience in assisting school districts to provide instruction to students in grade kindergarten through six to recognize and resist pressures to use controlled substances.
Sets forth eligibility requirements for grants by LEAs in consortium with such entities, including agreement to use such grants to provide services including:
(1) drug abuse resistance education instruction for students in grades kindergarten through six;
(2) provision for parental involvement;
(3) classroom instruction by uniformed law enforcement officials;
(4) the use of positive student leaders to influence younger students not to use drugs;
(5) an emphasis on activity-oriented techniques designed to encourage student-generated responses to problem-solving situations; and
(6) the awarding of a certificate of achievement to each student who participates in such a program.
Directs that not less than five percent of available funds be used for grants to LEAs or consortia of LEAs and private nonprofit entities to provide drug abuse education, prevention, or counseling services to students in kindergarten through grade 12.
Sets forth additional eligibility requirements for LEAs or consortia, including agreement:
(1) to use grant assistance to provide for specified programs offering drug abuse education, prevention, or counseling to students of compulsory school age;
(2) that programs will be designed to prevent or eliminate student abuse of drugs or alcohol;
(3) to use grant assistance to expand or replicate programs that have demonstrated records of success; and
(4) to ensure that programs to be expanded or replicated are appropriate for the students to be served.
Sets forth application requirements.
Includes after-school programs that provide drug and alcohol abuse education for school-aged children among authorized local drug abuse education and prevention programs in the case of an LEA that provides sufficient drug and alcohol abuse education during regular school hours.
Deletes a provision requiring that programs for the training of teachers, counselors, and school personnel be coordinated through a State agency or regional center.
Directs the Secretary of Education to give priority to making a substantial number of grants to qualified State educational agencies, LEAs, and institutions of higher education for programs to train counselors, social workers, psychologists, or nurses.
Authorizes the Secretary to make a grant to any private nonprofit agency that has an agreement with an LEA to provide training in drug abuse counseling for individuals who will provide such counseling in the schools of such LEA. Makes amounts available under DFSCA grants to establish, expand, or enhance programs and activities for the training of counselors, social workers, psychologists, or nurses who are providing or will provide drug abuse prevention, counseling, or referral services in elementary and secondary schools.
Requires State or LEAs, institutions of higher education, or consortia desiring to receive grants for the training of counselors to include in the application a discussion of how such training will assist the applicant to:
(1) increase the number of school personnel who are trained to provide drug abuse counseling services; and
(2) improve the quality of drug abuse counseling services offered by the applicant or the LEA concerned.
Increases appropriations for the training of teachers, counselors, and school personnel and for emergency grants.
Sets forth additional requirements for local applications.
Requires every local recipient of funds to clearly identify any program assisted under this title as a Federal program funded under DFSCA.
TitleXVI - Miscellaneous
Amends the Federal judicial code to authorize the payment from the Department of Justice (DOJ) Assets Forfeiture Fund of awards for information or assistance leading to a civil or criminal forfeiture under any law enforced or administered by DOJ. (Current law authorizes only payments for such information or assistance under the Comprehensive Drug Abuse Prevention and Control Act of 1970 or the Racketeer Influenced and Corrupt Organizations statute.) Amends the Federal criminal code to authorize the issuance of an arrest warrant for a fugitive where there is reason to believe that such fugitive is about to enter the United States.
TitleXVII - 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.
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.
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.
Authorizes railroad police officers to enforce the laws of any jurisdiction in which the rail carrier owns property, subject to specified limitations.
TitleXVIII - Correctional Options Incentives Amendments
Amends the Omnibus Act to authorize the Director of the Bureau of Justice Assistance to make grants to public agencies for correctional options (including construction costs) that provide alternatives to traditional modes of incarceration to:
(1) provide more appropriate intervention for youthful offenders who are not, but who are likely to become, career criminals;
(2) provide a degree of security and discipline appropriate for the offender involved;
(3) provide diagnosis, treatment, and services (including counseling, job training, and placement assistance) to increase the success rate of offenders pursuing lawful conduct following release;
(4) reduce criminal recidivism;
(5) reduce the cost of correctional services by reducing recidivism; and
(6) provide work that promotes development of industrial and service skills in connection with a correctional option.
Authorizes grants to private nonprofit organizations for such purposes, to undertake educational and training programs for criminal justice personnel, to provide technical assistance to States and local units of government, or to carry out demonstration projects which, in view of previous research or experience, are likely to be a success in more than one jurisdiction, in connection with a correctional option (excluding the cost of construction).
Authorizes grants to public agencies to establish, operate, and support boot camp prisons.
Bases the selection of grant applicants on their potential for developing or testing innovative alternatives to traditional modes of incarceration and offender release programs.
Requires the Director, in selecting the public agency applicants to receive grants for boot camp prisons, to:
(1) consider the overall quality of an applicant's shock incarceration program; and
(2) give priority to States that clearly demonstrate that the capacity of their correctional facilities is inadequate to accommodate the number of individuals who are convicted of offenses punishable by a term of imprisonment exceeding one year.
Requires the Director to consult with the Commission on Alternative Utilization of Military Facilities in order to identify facilities that may be used as sites for correctional programs receiving assistance under this title.
Specifies the allocation of grant funds under this title.
Authorizes appropriations.
Sets forth requirements with respect to the conveyance of Department of Defense property and to facilities to public agencies for use under the correctional options program.
Amends the Omnibus Act to require each State to allocate not less than five percent of funds received under the Edward Byrne Memorial program to the improvement of criminal justice records, including:
(1) the completion of criminal histories to include the final dispositions of all arrests for felony offenses;
(2) the full automation of all criminal justice histories and fingerprint records; and
(3) the frequency and quality of FBI criminal history reports.
Authorizes the Director, upon the request of a State, to waive compliance with the five percent requirement and reduce the minimum amount required to be allocated by such State if the Division finds that the quality of the State's criminal justice records does not warrant expending such amount.
Amends the Omnibus Act to withhold a portion of funds from States that do not have in effect, and do not enforce, a law that requires the State, at the request of the victim of a sexual act, to:
(1) test the defendant convicted under State law of such act, for presence of human immunodeficiency virus (HIV);
(2) disclose test results to such defendant and to the victim; and
(3) provide the victim counseling regarding HIV disease, testing, and referral.
TitleXIX - Anabolic Steroids Control Act of 1990
Anabolic Steroids Control Act of 1990 - Amends the CSA to add anabolic steroids to Schedule III (thus making it illegal for anyone other than a registrant under the Act to prescribe, dispense, or distribute such substances, and requiring that prescription, dispensing, distribution, and possession be for a recognized therapeutic purpose.) Excludes from Schedule III 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 regulation 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.
Amends the Federal Food, Drug, and Cosmetic Act to increase the criminal fine and imprisonment and penalties for knowing distribution of, or possession with 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 penalties if the offense involves an individual under the age of 18 years.
Declares 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.
Amends the Public Health Service Act to provide for demonstration programs to identify and deter the improper use or abuse of anabolic steroids by students.
TitleXX - Asset Forfeiture
Amends the Federal judicial code to authorize the Attorney General to:
(1) transfer funds from the Assets Forfeiture Fund (the Fund) to the Special Forfeiture Fund in FY 1993.
Requires that transfers from the Fund to the Special Forfeiture Fund be made at the end of each quarter of the fiscal year, on a quarterly pro rata basis, only from excess unobligated amounts, and only to the extent that such transfers will not impair the future availability of amounts for the purposes of the Fund. Authorizes the Attorney General to warrant clear title to any subsequent purchaser or transferee of forfeited property.
Amends the CSA and the Federal criminal code to authorize the Attorney General to sell forfeited property.
Amends the CSA to provide for the forfeiture and destruction of dangerous, toxic, and hazardous materials used to facilitate the production of illegal drugs.
Authorizes the payment of awards for information or assistance leading to a civil or criminal forfeiture under the Federal criminal code, the CSA, or the Controlled Substances Import and Export Act, or for a criminal forfeiture under the Racketeer Influenced and Corrupt Organizations (RICO) statute.
(Under current law, such payments are authorized only with respect to civil or criminal forfeitures under the Comprehensive Drug Abuse Prevention and Control Act of 1970 and criminal forfeitures under RICO.) Requires the Attorney General to submit to the Congress a report for each fiscal year containing audited financial statements with respect to forfeited property.
Amends the CSA to make subject to forfeiture to the United States:
(1) drug paraphernalia; and
(2) firearms used to facilitate the transportation, sale, receipt, possession, or concealment of illegal drugs and any proceeds traceable to them.
TitleXXI - Perkins Grant Expansion
Amends the Higher Education Act of 1965 to provide for the cancellation of a percentage of a student loan under such Act for each complete year of service by the borrower as a full-time law enforcement or corrections officer.
TitleXXII - Firearms Provisions
Amends the Federal criminal code to prohibit the transfer of firearms to non-residents of the State in which the transferor resides.
Extends the commerce nexus, in connection with existing offenses related to trafficking in stolen firearms, to include firearms which have ever moved in commerce.
Prohibits the assembly from imported parts of semiautomatic rifles or shotguns which are prohibited from being imported into the United States, with exceptions.
Increases penalties for the possession of firearms in Federal court facilities.
TitleXXIII - Chemical Diversion and Trafficking
Amends the CSA to add specified substances to the list of precursor chemicals subject to controls imposed by that Act.
TitleXXIV - Drug Paraphernalia
Amends the CSA to make it unlawful to sell or offer for sale, use the mails or any other facility of interstate commerce to transport, or import or export, drug paraphernalia.
TitleXXV - Banking Law Enforcement
Comprehensive Thrift and Bank Fraud Prosecution and Taxpayer Recovery Act of 1990 -
SubtitleA - Enhanced Criminal Penalties
Amends Federal criminal law to establish criminal penalties (including imprisonment) for the concealment of assets from the Federal Deposit Insurance Corporation (FDIC) (acting as conservator or receiver, or in the Corporation's corporate capacity with respect to certain assets acquired or liability assumed by the Corporation under the Federal Deposit Insurance Act), the Resolution Trust Corporation (RTC), any conservator appointed by the Comptroller of the Currency or the Director of the Office of Thrift Supervision, or the National Credit Union Administration (NCUA) Board (acting as conservator of liquidating agent).
Amends the Federal Deposit Insurance Act and the Federal Credit Union Insurance Act to prohibit certain felons convicted of dishonesty or breach of trust from controlling or participating in the affairs of a depository institution for a minimum ten-year period, with exceptions.
Amends Federal criminal law to establish criminal penalties (including imprisonment) for obstructing any Government examination of a financial institution.
Increases to 30 years (currently, 20 years) the maximum prison term for bank fraud and embezzlement.
Establishes a ten-year statute of limitations for the prosecution of racketeering offenses involving financial institutions.
Applies money laundering prohibitions to funds from specified bank fraud crimes.
Directs the U.S. Sentencing Commission to promulgate guidelines for increased penalties for certain bank crime convictions in which the defendant derived more than $1,000,000 in gross receipts from the offense.
Provides for restoration of forfeited property and for restitution to bank crime victims.
Sets forth maximum criminal fines and minimum imprisonment terms for organizing, managing, or supervising a continuing financial crime enterprise.
SubtitleB - Protecting Assets from Wrongful Disposition
Authorizes the Attorney General to obtain a court order enjoining or restraining the alienation or disposition of property obtained as a result of a banking law violation.
Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to set forth asset attachment procedures.
Amends Federal bankruptcy law to:
(1) preclude the discharge of debts in Federal bankruptcy involving obligations arising from any act of fraud while acting in a fiduciary capacity committed with respect to any depository institution or insured credit union; or
(2) maintain the capital of an insured depository institution in cases of malicious or reckless failure to fulfull commitments by the debtor to a Federal depository institutions regulatory agency, with exceptions.
Provides that the trustee shall be deemed to have a debtor's commitment to a Federal depository institution regulatory agency to maintain the capital of an insured depository institution (thus precluding the trustee from rejecting such commitment as an executory contract which can be avoided as a discharge in bankruptcy).
Prohibits a discharge in bankruptcy for debts resulting from the debtor's failure to fulfill a commitment to a Federal financial institution regulatory agency to maintain the capital of an insured depository institution.
Authorizes the FDIC to prohibit or limit golden parachute or indemnification payments.
Sets forth factors to be taken into account in prescribing such regulations, such as whether there is a reasonable basis to believe that the institution-affiliated party has materially violated an applicable Federal or State banking law or regulation that has had a material effect on the financial condition of the institution.
Prohibits insured depository institutions or depository institution holding companies from prepaying the salary or any liability or legal expense of any institution-affiliated party if such payment is made:
(1) in contemplation of the insolvency of such institution or holding company, or after the commission of an act of insolvency; and
(2) with a view to, or where such payment has the result of, preventing the proper application of the assets of the institution to creditors or preferring one creditor over another.
Defines "golden parachute" to mean any payment (or agreement to make a payment) in the nature of compensation by any insured depository institution or depository institution holding company for the benefit of any institution-affiliated party pursuant to an obligation of such institution or holding company that:
(1) is contingent on the termination of such party's affiliation with the institution or holding company; and
(2) is received on or after the date on which the depository institution, depository institution holding company, or insured depository institution subsidiary of such holding company is insolvent, the date any conservator or receiver is appointed, or specified other dates.
Amends the Federal Credit Union Act to set forth analogous provisions with respect to the regulation of benefits to institution-affiliated parties.
Amends the Federal criminal code to revise the civil and criminal forfeiture guidelines for:
(1) property affecting a financial institution; and
(2) fraudulent offenses involving the sale of assets held by Federal banking regulatory agencies.
Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to prohibit acquisitions from conservators and receivers of depository institutions by certain convicted felon debtors whose default to an insured financial institution in receivership will cause substantial loss to the institution, the FDIC, the Federal Savings and Loan Insurance Corporation Resolution Fund, or the RTC. Makes such prohibitions inapplicable under specified conditions where claims have been settled.
Amends the Federal Home Loan Bank Act to require the RTC to prescribe regulations prohibiting the sale of assets of a failed institution to persons who have caused specified damage to such institution or have been prohibited from participating in its affairs pursuant to a Federal enforcement action, except under specified conditions where claims have been settled.
Amends the Federal Deposit Insurance Act to provide for expedited procedures for certain claims.
Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to empower the FDIC and the NCUA (acting as conservators) to avoid fraudulent conveyances by a debtor institution-affiliated party.
SubtitleC - Improved Procedures for Handling Banking-Related Cases
Amends Federal criminal law to authorize wire taps for bank fraud and related offenses.
Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to set forth reciprocal assistance guidelines for foreign investigations by Federal banking agencies and investigations on behalf of foreign banking authorities.
Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to establish a ten-year statute of limitations for commencing a civil action for Federal bank law violations.
Amends the Federal Deposit Insurance Act and the National Credit Union Act to grant the FDIC, the RTC, and the NCUA subpoena authority.
SubtitleD - Structural Reforms to Improve the Federal Response to Crimes Affecting Financial Institutions
Establishes within the Office of the Deputy Attorney General in the Department of Justice a Financial Institutions Fraud Unit, headed by a Special Counsel who shall report directly to the Deputy Attorney General. Terminates such Office five years after enactment of this Act. Empowers the Special Counsel to investigate and prosecute criminal activity involving the financial services industry.
Directs the Attorney General to establish:
(1) financial institutions fraud task forces; and
(2) a senior interagency group to assist in identifying the most significant financial institution fraud cases, to allocate investigative and prosecutorial resources, and to expedite interagency coordination and prosecution of financial institutions fraud.
Amends the Federal Home Loan Bank Act to direct the RTC to maintain an executive-level position and staff to assist and advise the RTC and other agencies with respect to claims and enforcement actions against institution-affiliated parties of insured depository institutions under its jurisdiction.
Requires such personnel to report to the Congress within a specified deadline and to present semiannual updates of such report.
SubtitleE - Reporting Requirements
Requires the Attorney General to:
(1) compile and collect data concerning the nature and number of civil and criminal investigations, prosecutions, and related proceedings in progress with respect to specified banking law offenses; and
(2) analyze and report to the Congress on such data, its coordination, and related activities, including a breakdown for each Federal judicial district and the activities of the Financial Institutions Fraud Unit. Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to mandate:
(1) the public disclosure of certain civil enforcement actions taken by Federal banking regulatory agencies with respect to depository institutions and credit unions;
(2) reports to the Congress with respect to non-public hearing transcripts and the decision not to hold a public hearing; and
(3) that each Federal banking agency maintain for a minimum six-year period all documentation regarding such civil enforcement actions and make it available to the Congress or congressional committees.
Requires the Director of the Administrative Office of the United States Courts to present annual statistical tables to the Congress on the business imposed on the Federal courts by the savings and loan crisis.
SubtitleF - National Commission on Financial Institution Reform, Recovery, and Enforcement
Establishes the National Commission on Financial Institution Reform, Recovery, and Enforcement to examine and identify the origin and causes of the problems in the savings and loan industry that led to the enactment of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA), and to submit a final report to the President and the Congress. Authorizes appropriations.
SubtitleG - Authorizations
Amends FIRREA to authorize increased appropriations for FY 1991 through 1993 to the Attorney General, the Internal Revenue Service, and the Federal Court System for investigation, prosecution, and adjudication of bank crime cases.
SubtitleH - Actions Against Persons Committing Bank Fraud Crimes
Financial Institutions Anti-Fraud Enforcement Act of 1990 - Permits any person to file a declaration of specified banking law violations under FIRREA affecting a federally insured depository institution.
Prescribes procedural guidelines for such declarations.
Prohibits judicial review of any actions by the Attorney General with respect to such declarations.
Establishes the Financial Institution Information Award Fund to pay awards to declarants whose information provides the basis for criminal convictions and special rewards to informants with respect to banking law violations.
Requires the Attorney General to compile a public report on the processing of such declarations.
Sets forth procedural guidelines under which any person may file a declaration identifying specific assets which might be recovered by the United States in satisfaction of a final judgment in any civil or criminal action regarding banking law violations.
Entitles a declarant to a specified percentage of the amount recovered based on his declaration.
Amends the Federal Deposit Insurance Act to remove the $50,000 threshold for rewards for information leading to recoveries, civil penalties or prosecutions.
Amends the Federal criminal code to authorize the Attorney General to use his sole discretion to make payments to persons furnishing new information to the Government relating to possible prosecution of banking law violations.
Insulates such authority from judicial review.
Prescribes guidelines under which the Attorney General is authorized to enter into contracts retaining private counsel for legal services relating to banking law violations.
SubtitleI - Technical and Miscellaneous Amendments
Makes technical amendments to the Federal criminal code, the Federal Deposit Insurance Act, the Right to Financial Privacy Act of 1978, and the FIRREA. Amends various Federal criminal statutes to include foreign banking organizations within definitions for enforcement purposes.
TitleXXVI - Licit Opium Imports
Directs the President to:
(1) conduct a review of U.S. narcotics raw material policy to determine the advisability of continued reliance on the rule by which at least 80 percent of U.S. imports of narcotics raw material must come from India and Turkey; and
(2) report the results of such review to the Congress by April 1, 1991.
Specifies the agencies to be involved and the nature and contents of such review, including a report on the extent of diversion from the licit to illicit market in India from the farm gate through the stockpile.
TitleXXVII - Sentencing for Methamphetamine Offenses
Instructs the U.S. Sentencing Commission to amend the existing guidelines for offenses involving smoking crystal methamphetamine under the CSA so that convictions for such offenses will be assigned an offense level which is two levels above that which would have been assigned to the same offense involving other forms of methamphetamine.
TitleXXVIII - Drug Enforcement Grants
Amends the Omnibus Act to authorize appropriations for FY 1991 and 1992 for grants under the drug control and system improvement grant program (Edward Byrne Memorial Programs).
TitleXXIX - Prisons
Amends the Federal criminal code to require that:
(1) Federal departments and agencies separately report to the General Services Administration their acquisitions of products and services from Federal Prison Industries (FPI);
(2) reported information be entered in the Federal Procurement Data System;
(3) each report published and containing information collected by the System include a statement that sales by FPI are considered intragovernmental transfers and that the purpose of reporting such sales is to provide a complete overview of Federal acquisitions during the reporting period; and
(4) FPI publish and update a catalog of all products and services which it offers for sale.
Authorizes placing a prisoner whose sentence includes a term of supervised release after imprisonment in home confinement, subject to specified conditions.
Directs the Bureau of Prisons to make available appropriate substance abuse treatment for each prisoner the Bureau determines has a treatable condition of substance addiction or abuse.
Requires the Attorney General to direct the Bureau of Prisons to have in effect within six months a mandatory functional literacy program for all mentally capable inmates who are not functionally literate in each Federal correctional institution.
Specifies that non-English speaking inmates shall be required to participate in an English-as-a-Second-Language program until they function at the equivalent of the eighth grade level on a nationally recognized educational achievement test.
Sets forth provisions with respect to:
(1) waivers; and
(2) reporting requirements.
Declares that it is Federal policy that convicted inmates in Federal prisons, jails, and other detention facilities shall work, with the type of work dictated by appropriate security considerations and by the health of the prisoner involved.
Makes exceptions only as necessitated by:
(1) security considerations;
(2) disciplinary action;
(3) medical certification of 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.
Modifies a provision making exceptions to a ban on the transport of prison-made goods to exempt goods made by prisoners who are participating in one of not more than 50 non-Federal prison work pilot projects designated by the Director of the Bureau of Justice Assistance. Specifies that reasonable charges for room and board, for purposes of qualifying for such exemption, shall be determined by regulations issued by the chief State correctional officer, in the case of a State prisoner.
Requires the Director of the Federal Bureau of Prisons to take appropriate measures to cut costs of construction (for example, by reducing expenditures for amenities such as color television or pool tables).
Directs the Secretary of Labor to submit to the Congress specified reports detailing the extent and manner of compliance by State Prison Industry Enhancement Certification programs with the requirements restricting the transport of prison-made goods.
TitleXXX - Shock Incarceration
Amends the Federal criminal code to authorize the Bureau of Prisons to place in a shock incarceration program any person who is sentenced to a term of 12 to 30 months' imprisonment, if such person consents.
Requires an inmate in the shock incarceration program for up to six months of the initial term of imprisonment as the Bureau may determine to:
(1) adhere to a highly regimented schedule that provides the strict discipline, physical training, hard labor, drill, and ceremony characteristic of military basic training; and
(2) participate in appropriate job training, educational, and drug, alcohol, and other counseling programs.
Authorizes appropriations.
TitleXXXI - Bankruptcy and Restitution
Criminal Victims Protection Act of 1990 - Amends the Federal bankruptcy code to make nondischargeable in bankruptcy liability: (1) arising from the debtor's unlawful driving while intoxicated from alcohol, a drug, or another substance which causes death or personal injury; and (2) for restitution included in a sentence on the debtor's conviction of a crime.
TitleXXXII - Miscellaneous
Authorizes appropriations for FY 1991 for the FBI and the DEA for humanitarian expenses incurred by employees of such agencies or members of the employees' immediate families as a result of serious illness, injury, or death occurring while on official business.
Bans volatile alkyl nitrite as a hazardous product under the Consumer Product Safety Act, except for the manufacture, sale, distribution, or importation for commercial or other purposes approved under the Federal Food, Drug, and Cosmetic Act.
TitleXXXIII - Miscellaneous Provisions
Amends the Anti-Drug Abuse Act of 1988 to extend for two years the programs for undercover operations of the Internal Revenue Service (IRS) and for disclosure of the returns of certain cash transactions exceeding $10,000.
Directs the Comptroller General of the United States to conduct a study and evaluation of such programs and to report to specified congressional committees.
Makes failure to file a return on certain cash transactions (currently, a misdemeanor) a felony.
Directs the Comptroller General to conduct a study and evaluation of the criminal penalties for violations of provisions with respect to returns relating to cash received in trade or business and to report to specified congressional committees.
Specifies that no commission established by this Act shall have access to any return or return information, except to the extent authorized by the Internal Revenue Code.
TitleXXXIV - National Commission to Support Law Enforcement
Establishes the National Commission to Support Law Enforcement to study and report to the Congress on recommended changes regarding law enforcement agencies and law enforcement issues at the Federal, State, and local levels on the following issues: funding; employment; information; research and training; equipment and resources; cooperation; responsibility; and impact.
TitleXXXV - Technical and Minor Substantive Amendments
Makes technical amendments to the Federal criminal code, the Undetectable Firearms Act of 1988, the CSA, and the Controlled Substances Import and Export Act. Permits the Solicitor General to delegate approval authority for appeals of final sentences.
Increases the maximum term of imprisonment for accessory after the fact offenses punishable by life imprisonment or death, from ten to 15 years.
Delegates the requirement of Solicitor General approval for appeal to a district court of magistrate sentences.
TitleXXXVI - Federal Debt Collection
Federal Debt Collection Procedures Act of 1990 -
SubtitleA - Debt Collection Procedures
Establishes a uniform, nationwide system of civil procedures to facilitate the collection of debts owed to the United States. Allows U.S. Attorneys to reach all pending claims for debts owed to the United States, as well as any judgment on a debt going back ten years.
Establishes special rules with respect to the sale of perishable personal property during the pendency of any action or proceeding to recover debts owed to the United States. Allows U.S. district courts to assign their duties in proceedings under this Act to U.S. magistrates.
Grants the court power to modify the use of any enforcement procedure.
Authorizes:
(1) an individual debtor to elect to exempt specified property from the enforcement procedures of this Act, including property that is exempt under Federal, State, or local law on the date of the filing of the application for a remedy, subject to certain restrictions, and any interest in property in which the debtor had an interest as a tenant or in a community estate, to the extent that such interest is exempt from process under applicable nonbankruptcy law;
(2) a court to order the debtor to file a statement with respect to any claimed exemption; and
(3) the United States or the debtor to request a hearing on the applicability of any exemption claimed by the debtor.
Specifies that the assertion of an exemption shall prevent the United States from selling or otherwise disposing of the property for which such exemption is claimed until the court determines whether the debtor has a substantial nonexempt interest in such property.
Bars the United States from taking possession of, disposing of, selling, or otherwise interfering with the debtor's normal use and enjoyment of an interest in property the United States knows or has reason to know is exempt.
Authorizes the United States to have discovery regarding the financial condition of the debtor in the manner in which discovery is authorized by the Federal Rules of Civil Procedure in an action on a claim for a debt, except with respect to an action or proceeding under provisions regarding prejudgment remedies where there is a reasonable likelihood that the debt involved exceeds $50,000.
Permits the United States to seek any prejudgment remedy.
Sets forth procedures to be followed by the United States under such circumstances.
Establishes additional procedural requirements with respect to the attachment of property.
Prohibits a U.S. marshal from selling property unless ordered by the court.
Allows a court to appoint a receiver for property in which the debtor has a substantial nonexempt interest only if the United States shows reasonable cause to believe that there is a substantial danger that the property will be removed from the jurisdiction of the court, lost, materially injured or damaged, or mismanaged.
Sets forth the powers of the receiver.
Authorizes a court to issue a writ of garnishment against property (excluding earnings) in which the debtor has a substantial nonexempt interest and which is in the possession, custody, or control of a person other than the debtor in order to satisfy a claim for a debt, if specified conditions are met and subject to specified limitations.
Sets forth similar provisions with respect to a writ of sequestration.
States that a judgment in a civil action creates a lien upon all the real property of a judgment debtor.
Makes a debtor 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 such a lien.
States that such liens are effective for a period of 20 years and renewable for a longer period.
Sets forth procedures with respect to:
(1) the issuance of notices;
(2) the sale of real and personal property subject to a levy pursuant to a writ of execution;
(3) installment payments; and
(4) garnishment.
Provides remedies for the fraudulent transfer of an asset by a debtor.
SubtitleB - Amendments to Other Provisions of Law
Makes technical and conforming amendments to various provisions of Federal law. 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.
SubtitleC - Miscellaneous
Sets forth the effective date of this Act. Title XXXVII - 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 National Crime Information Center (NCIC) of the Department of Justice. Directs the Attorney General to publish an annual summary of such reports.
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 or unidentified person report;
(2) provide that each such report and all necessary and available information is entered into the State law enforcement system and the NCIC computer networks and made available to the Missing Children Information Clearinghouse of other designated agency within the State; and
(3) require the law enforcement agency that entered the report into the NCIC to verify and update such record with any additional information (including, where available, medical and dental records), institute or assist with appropriate search and investigative procedures, and 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.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.


No summary available.

House Democratic Caucus Summary

The House Democratic Caucus does not provide summaries of bills.

So, yes, we display the House Republican Conference’s summaries when available even if we do not have a Democratic summary available. That’s because we feel it is better to give you as much information as possible, even if we cannot provide every viewpoint.

We’ll be looking for a source of summaries from the other side in the meanwhile.

Use the comment space below for discussion of the merits of S. 3266 (101st) with other GovTrack users.
Your comments are not read by Congressional staff.

comments powered by Disqus